HomeMy WebLinkAbout06252012 City Council Packet 1963 1965 2005 The City of Seward, Alaska of
lid CITY COUNCIL MEETING AGENDA 8:11%
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June 25, 2012 7:00 p.m. Council Chambers
1. CALL TO ORDER
David Seaward 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
Jean Bardarson signed in will be given the first opportunity to speak. Time is limited
Vice Mayor to 3 minutes per speaker and 36 minutes total time for this agenda
Term Expires 2012 item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *).
Council Member Consent Agenda items are not considered separately unless a council
Term Expires 2013 member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
Christy Terry
Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2013 A. Proclamations and Awards
Vanta Shafer 1. Marie Gage to receive Community Service Award Pg. 4
Council Member 2. Tessa Adelmann award for Track & Field accomplishments
Term Expires 2013 Pg. 5
3. Recognition of Monica Hinders for service on the Historic
Marianna Keil Preservation Commission.
Council Member
Term Expires 2012 B. Chamber of Commerce Report
C. City Manager's Report
Ristine Casagranda D. City Attorney's Report
Council Member E. Mayor's Report
Term Expires 2012 F. Other Reports and Presentations
1. Travel Report from Willard Dunham, Seward's Ambassador
James Hunt and Representative to the 2012 World Expo in Yeosu,
City Manager Korea Pg. 6
Johanna Kinney
City Clerk
Cheryl Brooking
City Attorney
City of Seward, Alaska Council Agenda
June 25, 2012 Page 1
7. PUBLIC HEARINGS
A. Ordinances for Public Hearing and Enactment
1. Non -Code Ordinance 2012 -006, Submitting A Proposition To The Qualified Voters At
The October 2, 2012 Regular Municipal Election To Establish Local Forms And Guidelines For
Financial Disclosure For Elected And Appointed Officials And Exempting Elected And
Appointed Officials From The State Of Alaska Public Official Financial Disclosure Law (Alaska
Statute 39.50) Pg. 14
B. Resolutions Requiring Public Hearing
1. Resolution 2012 -041, Granting Approval And Recommending Kenai Peninsula Borough
Approval Of The Fort Raymond Subdivision Replat No. 3; To Facilitate The Land Exchange
Between The City And The Kenai Peninsula Borough As Supported By City Council Resolution
2012 -01; Located To The South Of Sea Lion Avenue Pg. 20
8. UNFINISHED BUSINESS
A. Items for Reconsideration (and requiring a public hearing)
1. Resolution 2012-038, Authorizing The City Manager To Enter Into An Extension
Of The Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As
Lots 1 -A And 3, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center,
Seward Ship's Drydock Replat, According To Plat 2002 -22, Seward Recording District, Third
Judicial District, State Of Alaska. (reconsideration filed by Councilmember Casagranda on June
11, 2012) Pg. 34
9. NEW BUSINESS
A. Resolutions
*1. Resolution 2012 -042, Establishing Local Financial Disclosure Guidelines For
Appointed And Elected Officials And Approving The City Of Seward Financial Disclosure Form
Upon Voter Approval And Passage Of Proposition #1 At The October 2, 2012 Municipal
Election Pg. 44
*2. Resolution 2012 -043, Accepting Grant Funds In The Amount Of $25,000 00 From
The State Of Alaska Designative Legislative Grant Fund To Extend A Boardwalk From The End
Of The Holiday Inn Express Hotel Boardwalk To Port Avenue And Appropriating Funds.Pg. 56
*3. Resolution 2012 -044, Authorizing The City Manager To Sign An Extension Of A
Special Services Contract Between The City Of Seward And The Department Of Public Safety
Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For
Forty -Eight Thousand And Five Hundred Dollars ($48,500.00) Pg. 63
*4. Resolution 2012 -045, Accepting Grant Funds From ALPAR And The Kenai
Peninsula Borough For A Parks And Recreation Litter Patrol, And Appropriating Funds...Pg. 67
City of Seward, Alaska Council Agenda
June 25, 2012 Page 2
5. Resolution 2012 -046, Authorizing Change Order No.1 To Contract C -11 -076 With
Northern Geotechnical Engineering, Inc. For Special Materials Testing, Structural Steel Non-
Destructive Weld Testing, And Per Diem During The Construction Of The Seward Community
Library/Museum, And Appropriating $11,415 Pg. 73
B. Other New Business Items
*1. Approval of the June 11, 2012 City Council Meeting Minutes Pg. 87
*2. Appoint Bixler McClure to the Seward Planning and Zoning Commission, with a
term to expire February, 2015 and Martha Fleming to the Seward Planning and Zoning
Commission, with a term to expire February, 2014 Pg.95
*3. Non - objection to the Beverage Dispensary Liquor License transfer of ownership
from Chinook's Waterfront to Aqua Pesca, LLC #4617 and approval of the Restaurant
Designation Permit for Chinook's Waterfront Pg. 97
4. Discussion on supporting the Coastal Management Initiative and sending a letter of
support. (Mayor) Pg.108
10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
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. ADJOURNMENT
City of Seward, Alaska Council Agenda
June 25, 2012 Page 3
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lit I? I, For Her Man Years Of Commitment And Dedication To The Community Of Seward. If 4
e l; - For 23 Years, Marie Gage Has Tirelessly Given Her Time To The Special Olympics Alaska � ,
'"G - Seward Community Program. In Doing This, She Has Helped Give Those With Intellectual ` ,.
Disabilities The Opportunity To Develop Physical Fitness, Demonstrate Courage, " , '
! re' Experience Joy _, And Partici ate In A Sharing Of Gifts, Skills, And Friendship With Their
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Families, Other Athletes, And The Community. Marie's Passion And Involvement Extend 1 ,, ,it, i ,,,i,,, I lfil i t , ,,,i i t l : ti i .., :it,,,, - it.,4 1 11,1 " ,,,, , , , t ,i t ' ,,,
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1 �' The City Of Seward Is Greatly Appreciative Of Marie Gage's
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P resented on this 2 5 t h day of June, 2012
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THE CITY OF SEWARD CITY COUNCIL HEREBY RECOGNIZES
TESSA ADELMANN
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FOR HER OUTSTANDING ATHLETIC ACCOMPLISHMENTS
U1* FOR TRACK AND FIELD
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TESSA WON FIRST PLACE IN THE SOUTH - CENTRAL CONFERNCE
REGION MEET IN BOTH DICSUS AND SHOT PUT THIS YEAR
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Mayor David Seaward
* City of Seward, Alaska *
June 25, 2012
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Trip Report Korea EXPO 2012
To begin I would like to say thank you to the City of Seward for inviting me to travel to
Yeosu, Korea and represent our City at the WORLD EXPO 2012. Although I have made
several trips to Korea and Yeosu, This was one of the best. Five of the eight Yeosu
Friendship cities were represented: Queretaro, Mexico; Vanino, Municipal, Russia; Port
of Spain, Trinidad; Karatsu City, Japan, and Seward Alaska. Although there have been
cities represented on previous trips, this is the first one done as a group. This was a good
thing, as we all had topics of interest to discuss and compare how things are done in the
other towns.
All of the other cities brought entertainment of some sort to perform at the Yeosu
Pavilion at the EXPO. The Russians had dancers and music, a troop of young women in
their 18's -20's. Queretaro contingent had Aztec dancers and a famous Mexican baritone,
Carlos Sanchez, whose voice could fill a room. Karatsu City Japan had a drum team
which was excellent. Port of Spain, Trinidad, brought a Calypso band called the
KrazyBoyze. This group was founded after the Haiti disaster. You may remember seeing
stories about them on national news: people looking through the debris of the disaster,
put together a band with instruments made from items they found including 55 gallon
drums, colanders, pots, etc. The instruments they use now have been upgraded
considerably, to silver plate, chrome and stainless steel for example.
The entertainment was good and it was fun to talk with these ambassadors of the various
cultures. I kidded the ones from the warmer climes for wearing heavy coats in the warm
weather of Korea. They in turn kidded me about being from the frozen north. These
people had traveled all over the world and have become quite famous. Because I did not
bring any entertainment I was told I had to give the toast at the all -city dinner.
The Queretaro artists were very interested in Seward's Mural Society, and the annual
placement of new murals and our mural tours. I explained that we have been designated
as the Mural Capital of Alaska. When I talked about the Obihiro mural exchange which is
in progress, one of the artists, muralist Carlos Deo, had just finished a 3- meter high one
before traveling to Korea. He pulled up his portfolio on his laptop to show me. I have
given his name and address, and that of another muralist, Ruben Maya, to our local mural
group. They plan to contact each other and exchange ideas.
Mayor Sakai of Karatsu was also interested in the Obihiro exchange and when I brought
up our involvement in the Wada awareness project between Japan, Yukon Territory, and
Alaska he said he knew the Wada story, but did not know that the City of Matsuyama
which is near his city, had commissioned a musical on Wada's life and his connections
with Alaska and Seward. He was also unaware of the Iditarod trail connection and the
three country exchanges. I said I would have the Wada group contact him with
information. What an interesting world we live in.
The EXPO itself: What an accomplishment. Twenty months ago I convinced a delegation
of Alaska senators to add Korea to their Russian trip and asked them to consider having
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Alaska participate in the Yeosu Expo. They did visit Korea but were not convinced it
would even happen. Indeed, the site was barren, and the area was still being leveled. I
myself wondered how they could accomplish it. BUT THEY DID! Sixty-seven countries
are represented. There are new hotels, buses, fast train service, an expanded airport and
two new boat harbors. All are finished and ready to greet the eight million plus visitors. It
is awe inspiring.
To see what a small (by many comparisons) city such as Yeosu accomplished, I
complimented the mayor several times on his feat, especially after his having to step in
and pick up the pieces from the previous mayor's conviction for fraud and his prison
sentence. Alaska missed a golden opportunity by not being part of the USA exhibit. The
theme of the Expo was the Pacific Ocean and its Coasts. In 2009, after being part of the
ground breaking ceremony, I had asked Ian Dutton, then Exec. Director of the Sea Life
Center, to stop by Yeosu on his trip to a conference in China to meet with the Expo
developers. He did visit and was convinced that Alaska should participate and perhaps
play a central role in the program. The primary argument for Alaska participation was
that Alaska at 35,000 miles has more coastline than all of the other 49 states put together
and is greatly dependent on the health and wealth of the Pacific Ocean. We tried mightily
to convince the state administration of the value of participation. Our efforts were to no
avail. What a waste of an opportunity to showcase our state.
On this trip I spent time with the Chief Operating Officer and Pavilion Director Mark
Germgn about our efforts, and that Vice Mayor Jean Bardarson and I met with U.S.
Commerce Director Helen Marano about the Expo. The EXPO CEO said he would have
liked to have Alaska there as we are their Arctic connection. It seems it was down to the
wire on the USA funding and they used some of the funds left over from the Shanghi
Expo plus the pickup from private business made up the rest. I looked at the donor wall
and it was an interesting array. The Monterey Foundation, OceanConservancy, Woods
Hole Institute and, One World One Ocean, were also sponsors. Alaska should have been
there, even if we were there because Korea is Alaska's third largest trading partner. I
believe we were mentioned twice in the Expo screen monolog: 35,000 miles of coastline
and we are the Arctic.
Top attractions at the pavilions were Germany, Russia, and the USA. The U.S was
thoroughly outclassed. Russia had visitors enter through an arctic ice cave tunnel and
when you step into the theater arena you are face-to-face with a giant icebreaker pushing
ice flows at you Their theme was they own the Arctic and its traffic lanes. They had old
models and new ones being built. Their coverage was on growth and how they are the
only ones who could assist any size bulk carriers who wish to use the Northern routes.
With 17 new breakers being built to add to the 26 they have, no one will usurp them in
icebreaking capacity. Korea is building one as is China, but Russia and Finland definitely
own the northern routes now Our nation has short-sighted abandoned its opportunity to
control the northern routes. What a shame.
In my talks with the Russian Mayor, he was interested to learn the ASLC has had a
science exchange with Russian scientists studying mammals and Eiders for several years.
He would like to establish a contact with our center and learn more of our programs. Who
knows what may come of it. But any exchange will be beneficial to all.
The Yeosu Deputy Mayor hosted the final dinner and gift exchanges between the cities. I
had the 100 year film of Seward, Seward's scrapbook and pins, for the other cities, and
special gifts for the mayor, vice mayor, and EXPO Director. I received gifts from them
as well. They can be displayed at city hall or whatever appropriate place for our
townspeople to see. Our interaction went well and everyone seemed to have a great time.
After returning home I have received e-mails and other communications from some of
the other cities.
My meeting with the Corps of Engineers was considerably subdued from the original
plan. The new Far East Commander, a Four -Star General preempted my day with Col.
Donald Degidio. I had a good session with the civilian staff, Mr. Tracy Geogre,
Executive Assistant to the Commander, and Ryan Clark, Civil Engineer Construction and
development. I received a comprehensive overview of the Korea mission and a full run-
down on the new U.S. base they are building 50 miles south of Seoul. The entire 28,000
troop base has been located in Seoul proper. An agreement has been reached to move the
entire base to a new site to be built to accommodate approximately 60,000 including
civilians and dependants as well as active troops. It is 3,500 acres large and will cost $4-
$6 billion to build. Korea is posting most of the funds and will use the present base land
for a park similar to Central Park in New York. I learned several items of interest about
the Corps funding outlook. They believe Alaska's share of the new military construction
is on the wane, and Corps numbers here will decline. One department head will travel
here on June 8 to see if any in Alaska may be interested in working on the new project
in Korea. I talked some about the Pacific Division funding issues, but they hold little
hope we can find any help with the present gridlock in Washington, D.C.
The issue of the new leader in North Korea and what the future holds is of great concern
and the South Koreans are ever watchful of their northern neighbors. I met an interesting
person, Kenneth C. Crawford, Phd., Vice Administrator of the Korea Meteorological
Administration. He had worked in Alaska for NOAA and it seems Korea is also very
interested in the changing Arctic. He is spending a lot of time on the issue. I'd have liked
to have spent more time with him at that meeting, but we did meet again a couple days
later at another venue.
I had an opportunity to visit the DMZ and it was extremely interesting, I had always
wanted to visit it but never had the chance, and as a vet of that era made it more of an
event. What a stark division between the two countries which should be one. It gives you
a strange feeling to look across four kilometers of no -mans land, separating five million
people under arms, and a dictatorship from their former countrymen. Then look the other
way and find 28,000 U.S. troops plus 50 million busy South Koreans all carrying on their
daily lives under shaky peace accord.
There is an area where the United Nations tried an experiment. A model city was built on
the DMZ for development of industry, paid for by South Korea, the City and factory
manned by North Korean workers. Marketing of the products was done by South Korea.
The idea was to get a chance for some of the North workers to be paid wages like the
South Koreans. It worked fine for a while but then the South learned that the workers
wages were taken from them by the North Korean government to the tune of 80 %,
leaving only 20% for the workers. So they were really no better off than before. The
place is mostly vacant now. Seems every good deed there has some glitches! It is no
wonder over 200,000 North Koreans have defected to China and to the south. The South
Koreans don't like to talk about it. They all worry what might happen if the North would
collapse.
In closing, it was a long and tiring trip, but was a wonderful opportunity to meet old
friends, talk about our cities, and what the future may bring. My friend InJae Kim who at
one time lived in Seward and worked for Suneel kept a close eye on my visit and was a
great help in keeping me from making any embarrassing mistakes in behavior and to
understand the culture and ways of South Korea. InJae is Usibelli Coal Mine Far East
Representative in Korea and China for Coal sales and development. The growth that
develop makes good things for Seward's port.
helps de p g g
Thanks again for allowing me to represent my home town.
Willard E. Dunham
4
F s Cit of Seward City of Seward, Alaska
A° O E 1963 1965 2005
A Q P.O. B hltri
U . G c j Seward, Alask a 99664 -0 167
All - America City
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R Ni / Clerk's Office (907) 224-4046
4 LAS0P ` ; Facsimile (907) 224-4038
June 20, 2012
Honorable Kim Chung -Seog
Mayor of Yeosu, Korea
Yeosu City Hall
1 Sicheongno, Yeosu City
I 555 -701 Republic of Korea
Dear Mayor Chung -Seog, Kim
I hope everything is going well for you and the wonderful city of Yeosu. I wish to offer
I my very sincere thank you for the kind invitation allowing Seward to participate in your
wonderful Expo 2012. The theme "The Living Pacific Ocean and Coasts" is one that
affects us all.
You and the citizens of Yeosu should have great pride in having accomplished such a
wonderful event and the accompanying celebration. These are busy times for you I am
sure, but I must once again express to you and your wonderful city the appreciation of the
City of Seward for the opportunity of sharing in the Expo. We humbly thank you for the
very special hospitality you extended to me as a representative of Seward.
The past visits I have made to Yeosu have been very memorable, but it was very special
to meet this time with the representatives of your other sister cities. It was enlightening
and much fun. This trip was the best ever. I made new friends and renewed old friends. I
have had contact with Queretaro since returning home and hope to establish contact with
the others who were with us as well.
Once again, the City of Seward thanks you for your friendship and look forward to our
next correspondence.
Sincerely, 1p
i .a r s .D
Ambassador
Past Mayor, City of Seward, Alaska
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May 29 2012
Queretaro, Oro.
Willard E. Dunham
Ambassador
City of Seward, Alaska
United States of America
Dear Mr. Dunham,
I seize the opportunity to send you greetings from Queretaro; at the same time I hope
you had a great trip back to your city.
By this means, I would like to express that it was a real pleasure for Queretaro's
Delegation and especially for me, to have the chance of knowing you, while attending
the kind invitation that our Sister City Yeosu, South Korea, extended all us to participate
in Expo 2012.
I express you my sincere gratitude for the kindness received from you on the past days
when we had the opportunity to share common agenda, as well as for letting us know
about your wonderful city and your cultural and human richness.
I hope that the previous approach will allow us to preserve the communication between
our cities, hoping we can build a relationship in order to enhance international
cooperation in the mean of exchanges on interest areas for both of our cities. You and
citizens of Seward are welcome with arms wide open in Queretaro.
I reiterate you my highest consideration.
Sincerely,
colC .
Veronica Maccise Aguirre
Head of International Affairs Office
C.c.p. File
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Johanna Kinney
To: Willard Dunham
Subject: RE: It Was Nice Seeing You Again (UNCLASSIFIED)
Original Message
From: Clark, Ryan S POF
Date: 5/24/2012 10:43:34 PM
To: wilnbev(a�ak.net
Subject: It Was Nice Seeing You Again (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Dunham,
It was great seeing you again in Korea. I hope that you enjoyed your visit to the Far East District and gleaned
some valuable information about our mission here in Korea. I plan to visit the Yeosu Expo at some point this
summer and I sincerely look forward to learning about this year's Living Ocean and Coast theme.
I hope you enjoy the rest of your stay in Korea and I look forward to crossing paths with you again.
Best Regards,
Ryan
Ryan S. Clark
Civil Engineer
Construction Division, Quality Assurance Branch
US Army Corps of Engineers, Far East District
DSN: 315- 721 -7452
la
Comm: (02) 2270 -7452
Cell: 010- 9300 -0382
Email: ryan.s.clark @usace.army.mil
Classification: UNCLASSIFIED
Caveats: NONE
2
Sponsored by: City Clerk
Introduction Date: June 11, 2012
Public Hearing Date: June 25, 2012
Enactment Date: June 25, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED
VOTERS AT THE OCTOBER 2, 2012 REGULAR MUNICIPAL
ELECTION TO ESTABLISH LOCAL FORMS AND GUIDELINES FOR
FINANCIAL DISCLOSURE FOR ELECTED AND APPOINTED
OFFICIALS AND EXEMPTING ELECTED AND APPOINTED
OFFICIALS FROM THE STATE OF ALASKA PUBLIC OFFICIAL
FINANCIAL DISCLOSURE LAW (ALASKA STATUTE 39.50)
WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure
and reporting of financial and business interests of public officials, which includes municipal
elected and appointed officials; and
WHEREAS, the Seward Mayor, City Council, Planning and Zoning Commission, and
the City Manager are required to file financial disclosure statements as required by the State of
Alaska AS 39.50; and
WHEREAS, in 2007, the State of Alaska amended its Public Official Financial
Disclosure Law in a manner that significantly increases the burden on local public officials, and
has created a hardship for keeping and recruiting municipal elected and appointed officials in our
community; and
WHEREAS, with the exception of one meeting in 2009, the Planning and Zoning
Commission has not had a full commission since June of 2007 and currently has only the
minimum number of members required to hold meetings; and
WHEREAS, a substantial amendment to the form included having to report any income
over $1,000 in exact amounts and to disclose employer names and addresses, as opposed to the
original form which required reporting any income over $5,000 with no dollar amount specified
_ and employer names only to be listed; and
WHEREAS, the Alaska Public Official Financial Disclosure statutes (Alaska Statutes
Chapter 39.50) authorize municipalities to "opt -out" of the state law by a majority vote at a
regular or special municipal election; and many of Alaska's 100+ communities have elected to
"opt -out" of the state system; and
WHEREAS, the City Council believes it is the public's right to know the financial and
business interests of the persons who seek and hold public office; and
WHEREAS, the City Council desires to establish local forms and provisions relating to
disclosure of business and financial interests substantially similar to the forms established by the
Alaska Public Offices Commission prior its 2007 amendment; and
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
WHEREAS, this change will protect the citizens of Seward from the influence of
undisclosed private or business interests and permit public access to information necessary to
judge the credentials and performance of those who seek and hold public office, while allowing
certain rights of privacy for our citizens seeking to hold public office; and
WHEREAS, on June 5, 2012, the Seward Planning and Zoning Commission approved
Resolution 2012 -008, supporting Council bringing this issue forward to the voters at the next
regular election; and
WHEREAS, the City Council wishes this issue be placed on the ballot, in substantial
form as shown below, for voter approval at the October 2, 2012 municipal election.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. Municipal Officers of the City of Seward, consisting of the Mayor, City
Council Members, Planning and Zoning Commissioners, and the City Manager shall be exempt
from Alaska Statute 39.50, State of Alaska Public Official Financial Disclosure Law, if approved
by the voters.
Section 2. Following voter approval, these municipal officers shall instead be required
to complete a financial disclosure statement form that is substantially similar to the forms
established by the Alaska Public Offices Commission prior to its 2007 amendment, as prescribed
and approved by the City Council by means of resolution.
Section 3. The City Clerk is hereby directed to submit Proposition No 1 to the qualified
voters at the October 2, 2012 regular municipal election in substantially the following form:
PROPOSITION NO 1
ESTABLISHING AND ADOPTING A FINANCIAL DISCLOSURE FORM AND
GUIDELINES FOR THE CITY OF SEWARD AND EXEMPTING MUNICIPAL OFFICIALS
FROM THE REQUIREMENT OF STATE FINANCIAL DISCLOSURE LAWS
fi
Shall the City of Seward establish and adopt its own financial disclosure form and provisions for
the Mayor, City Council, Planning and Zoning Commission, and the City Manager by requiring
substantially the same information as the Alaska Public Offices Commission required prior to
2007, and be exempt from Alaska Statute 39.50, the Alaska Public Officials Financial Disclosure
Law?
YES: NO
A "YES" vote would allow the City of Seward to create and adopt its own financial disclosure
statement form for public official disclosure using a statement substantially similar to the State of
Alaska Public Official Financial Disclosure Statement used prior to 2007 and exempt the City of
Seward from Alaska Statute 39.50 (State of Alaska Public Official Financial Disclosure Law)
reporting requirements.
1
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
A "NO" vote would continue to require the City of Seward remain subject to Alaska Statute
39.50 (State of Alaska Public Official Financial Disclosure Law), relating to financial disclosure,
without local control.
Section 4. Proposition No. 1 shall be published in the same manner as the notice of the
October 2, 2012 municipal election.
Section 5. Proposition No. 1 shall become effective upon approval by a majority of the
voters at the October 2, 2012 municipal election, as
qualified provided in Section 14.7 of the P p
Charter of the City of Seward.
Section 6. This ordinance shall take effect ten (10) days following enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 25 day of June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
b
Council Agenda Statement
Meeting Date: June 11, 2012 of sett,
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To: Mayor Seaward, City Council
,
From: Johanna Kinney, City Clerk 4 scat"
Agenda Item: APOC Financial Disclosure Form Ballot
Proposition
BACKGROUND & JUSTIFICATION:
Since APOC financial disclosure form requirements were amended in 2007, the city has fielded
numerous complaints from elected officials, board and commission members, and `would be' public
candidates, that the new requirements are too intrusive, could be posted on the internet, contain too
much vital information that may promote identity theft, and gives unfair advantages to the
competitors for candidates' businesses.
A business owner informing potential clients that they have to disclose their personal information on
the APOC financial disclosure forms, could discourage that client from doing business with that
owner, just because the business owner has volunteered to be on the city council, board or
commission. The City of Seward has seen one resignation from the Seward Planning & Zoning
Commission, with more threatening to follow. With the exception of one meeting in 2009, the
Planning and Zoning Commission has not had a full commission since June of 2007 and is currently
operating under a minimum number of four commissioners. Several potential candidates have
declined volunteering after seeing these forms.
The new forms require a potential elected or appointed official to list all funds received over $1,000
in the exact dollar amount. Every member must also complete "exit" applications. Municipalities of
a certain size are required to post these statements on the interne; however, the laws currently do not
require a municipality the size of Seward to post at this time.
These new requirements have created a hardship for our town to appoint good qualified volunteers
for our council and boards and commissions. AS 39.50.145 states;
"A municipality may exempt its municipal officers from the requirements of this
chapter if a majority of the voters voting on the question at a regular election, as
defined by AS 29.71.800(20), or a special municipality -wide election, vote to
exempt its municipal officers from the requirements of this chapter. The question
of exemption from the requirements of this chapter may be submitted by the city
council or borough assembly by ordinance or by initiative election"
• The Alaska Municipal League (AML) passed Resolution 2008-15 on November 9, 2007,
which asked the state legislature to address these amendments, based on the fact elected and
appointed bodies were having difficulties finding candidates, and that the financial reporting
requirements were compounding that problem. In 2008, Kathie Wasserman, Director of
AML, stated she had spoken with State Legislators, APOC board members and the Attorney
General, but none of them were willing to relax these rules because of the current political
atmosphere within the state. Wasserman was positive nothing would be done this legislative
session, and urged people to contact their legislators about this problem.
• Around half of Alaska's 100+ communities have already voted to be exempt from state
disclosure requirements.
Although it has been rumored and spoke of above, of having these forms available on the internet,
but only to cities with populations of 5,000 or less, this could not be substantiated by press time.
The ordinance presented would ask the voters to opt out of the current APOC disclosure
requirements and put this question on the ballot for October, 2012. You may also decide what the
city's requirements for disclosure should be to prevent conflicts of interest, to help assure the
integrity of the decision-making process, and to assist holding our public officials accountable. If
approved by the voters, a local disclosure form could be instituted later to provide adequate
safeguards for the public, while expanding the proof of eligible Seward residents available to provide
public service.
INTENT: To receive formal direction from the City Council to put this issue to voters in October so
the City can continue to elect and appoint municipal officials, while still protecting the public from
the influence of undisclosed private or business interests, by establishing our own guidelines that are
not as intrusive as the state requirements of AS 39.50.
1 I
1 CONSISTENCY CHECKLIST: Yes No N/A
i I
1. Comprehensive Plan (document source here): X
I
2. Strategic Plan (document source here): X
Other (list):
3. X
• AS 39.50.145 (referenced above)
FISCAL NOTE:
1 Possibility of city funds could be expended by a later ordinance if the City Council desires to "lobby" 1
i
i for this proposition.
1
1
1
1
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,
Approved by Finance Department: pkt)
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Enact Non -Code Ordinance 2012 -006, submitting a proposition to the qualified voters at the October
2, 2012 regular municipal election to exempt City of Seward elected and appointed officials from the
requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for financial
disclosure.
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Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, GRANTING APPROVAL AND RECOMMENDING KENAI
PENINSULA BOROUGH APPROVAL OF THE FORT RAYMOND
SUBDIVISION REPLAT NO. 3; TO FACILITATE THE LAND EXCHANGE
BETWEEN THE CITY AND THE KENAI PENINSULA BOROUGH AS
SUPPORTED BY CITY COUNCIL RESOLUTION 2012 -01; LOCATED TO
THE SOUTH OF SEA LION AVENUE
WHEREAS, Cline and Associates Land Surveyors has submitted a preliminary plat of City
and Kenai Peninsula Borough (KPB) owned lands to facilitate the land exchange supported by City
Council Resolution 2012 -01 and KPB Ordinance 2011 -42; and
WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Lot
6A -2 and Lot 8A -3, Fort Raymond Replat Number 3; and
WHEREAS, the land exchange between the City and the KPB relocates a portion of the
boundary between former Lots 6A -1 and 8A -1, in accordance with KPB Ordinance 2011 -42 and City
Council Resolution 2012 -001; and
WHEREAS, this land exchange equally contains an approximate 0.56 +/- acre portion of Lot
6A -1 for an equal 0.56 +/- acre portion of Lot 8A -1; and
WHEREAS, this land exchange will allow the City Electric Department to utilize the area to
the north of the new generator building for the Electric Department Warehouse; and
WHEREAS, the lands contained in this replat are located within the Institutional Zoning
District, containing the KPB Elementary School on Lot 8A -1 and the City owned Electric
Department substation and generator building on Lot 6A -1; and
WHEREAS, Cline and Associates has worked diligently with City staff to protect and
provide easements for existing and planned utilities throughout the proposed Fort Replat
Number 3; and
WHEREAS, City staff have reviewed, commented and support the proposed property
exchange and replat; and
WHEREAS, no subdivision installation agreement is necessary because all parcels are
currently serviced by municipal roads, water, sewer, electric and other utilities; and
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -041
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory
capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat
proposals; and
WHEREAS, the Seward Planning and Zoning Commission held a public hearing June 5,
2012 and approved Resolution 2012 -09, recommending the Seward City Council and the Kenai
Peninsula Borough approval of the replat; and
WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat of city -
owned property may be submitted to the Kenai Peninsula Borough Planning Commission for
approval without prior consent of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning
Commission approve the Fort Raymond Replat Number 3.
Section 2. This resolution shall take effect 30 days after passage and posting as required by
Seward City Code § 7.05.145.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of
June, 2012
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk (City Seal)
City Council Agenda Statement
Meeting Date: June 25, 2012 '. o s
46° ACi it l iCt. -7 ,14 . 1
To: Seward City Council
4P
Through Jim Hunt, City Manager
Ron Long, Assistant City Manager /Community
Development Director
From: Donna Glenz, Planner
Agenda Item: Fort Raymond Subdivision replat No. 3; to facilitate the land exchange between the City
and the Kenai Peninsula Borough
BACKGROUND & JUSTIFICATION:
Attached for the Council's review, approval and recommendation to the Kenai Peninsula Borough Planning
Commission is Fort Raymond Subdivision Replat No. 3, submitted by Cline and Associates on behalf of the
City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -
owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without
the prior consent of the City."
Cline and Associates was hired to survey and establish the relocation of a portion of the boundary between
former Lots 6A -1 and 8A -1 in accordance with KPB Ordinance 2011 -42 and City of Seward, Resolution 2012 -
y001. This land exchange equally contains an approximate 0.56 +/- acre portion of Lot 6A -1 for an equal 0.56
-+ -1- acre portion of Lot 8A -1.
SUBDIVISION REVIEW:
Zoning and Existing Uses:
The lands contained in this replat are located within the Institutional Zoning District, containing the KPB
Elementary School on Lot 8A -1 and the City owned Electric Department generator building on Lot 6A -1.
Utilities:
The properties are served by all necessary utilities; therefore a subdivision agreement is not required. The
proposed platting action provides utility easements for all existing utilities and current accesses.
Flood Zone:
None of this property is locate within a Special Flood Hazard Area.
INTENT
This replat will allow a land exchange between the City and the Kenai Peninsula Borough, which will allow the
City Electric Department to utilize the area to the north of the new generator building for the Electric
Department Warehouse.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (2020) X
1.3 Accomplishments of the 2010 Comp Plan
Seward City Council
Agenda Statement — Resolution 2012 -00
Page 2 of 2
Public Facilities and Services:
Goal: Continue to improve the quality of public facilities and services made available to the residents of
Seward.
3.7.3.1 (page 27)
Continue to upgrade and expand utilities to meet existing needs and encourage future development.
2. Strategic Plan (1999) X
3. Seward City Code X _
Numerous sections of the Seward City Code relate to this platting action. All relevant portions of the Code
have been met. /
FISCAL NOTE:
Costs for this replat are to be paid from the Electric Department enterprie.f .14. • .. Q
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Approved by Finance Department: i•1u ief,".
•
ATTORNEY REVIEW: Yes: No: X
No attorney review required for this replat
Staff Comments:
City staff has reviewed and discussed this platting action. All concerns have been addressed and all City
department heads recommend approval of this preliminary replat.
Kenai Peninsula Borough Comments:
Borough staff has reviewed and approved the replat to facilitate the agreed upon land exchange supported in
KPB Ordinance 2011 -42 and City Resolution 2012 -01.
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of this public
hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward
City Code §15.01.040 were complied with.
At the time of this publication the Community Development Department has received no public inquiries .or
comments.
Planning and Zoning Review
The Planning and Zoning Commission held a Public Hearing June 5, 2012 and unanimously approved
Resolution 2012 -09 recommending the City Council approve the submittal of the Fort Raymond Replat Number
3 to the Kenai Peninsula Borough.
RECOMMENDATION:
Approve Council Resolution 2012 -00 recommending Kenai Peninsula Borough approval of the Fort Raymond
Subdivision replat Number 3.
ci\�
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A LAND EXCHANGE A 0.56 ACRE +/-
PORTION OF LOT 8A -1FOR AN 0.56 ACRE +/- PORTION OF LOT 6A -1,
FORT RAYMOND SUBDIVISION REPLAT NO. 2, WITH THE KENAI
PENINSULA BOROUGH AND APPROPRIATING FUNDS
WHEREAS, the City of Seward has been granted funds by the state to upgrade the
generation facility at Fort Raymond Substation; and
WHEREAS, this project would result in improved pedestrian access between the
Seward Elementary School and Seward High School; and
WHEREAS, per city code the use of land will go to the planning and zoning
commission; and
WHEREAS, the project would be facilitated by redrawing common property
boundaries of certain city and borough owned land; and
WHEREAS, the exchanged lands are of approximately equal area and are found by the
Kenai Peninsula Borough assessor to be of equal value; and
WHEREAS, finding the lands to be of equal value, public interest is served by waiving
the requirement of Seward City Code for an independent appraisal; and
WHEREAS, the land exchange has been passed and approved by unanimous vote of
the Kenai Peninsula Borough as Ordinance 2011 -42; and
WHEREAS, Pursuant to SCC 7.05.120, "The City Council may acquire or dispose of
an interest in real property by negotiation, public auction, or sealed bid."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The recitals above are incorporated herein by reference. The Council finds
that exchanging a 0.56 acre +/- portion of Lot 8A -1 of parcel number 14502621 for an 0.56 acre
+/- portion of Lot 6A -1, Fort Raymond Subdivision Replat No.2 with the Kenai Peninsula
Borough is in the best interest of the City.
Section 2. The City of Seward Electrical department will be responsible for all surveying
and platting costs associated with the property involved in the exchange.
ay
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -001
Section 3. The City Manager is authorized to negotiate the exchange and execute an
agreement in substantially the form presented at this meeting.
Section 4. Upon completion of the platting process, the City Manager is authorized to
execute and record a quitclaim deed and is authorized to execute any and all additional
documents necessary to effectuate the transfer of lands described in this resolution.
Section 5. This resolution shall take affect 30 days following adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12 day of
March, 2012.
THE CITY OF SEWARD, ALASKA
j
David Seaward, Mayor
AYES: Valdatta, Bardarson, Keil, Casagranda, Shafer, Terry, Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4 a /! /�� , ..
.hanna Kinney
City Clerk a .
N✓
(City Seal) ' z > ° •
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-..,- OF AN 1.44
Introduced by: Mayor
Date: 12/06/11
Hearing: 01/03/12
Action: Postponed Until 02 /14/12
Date: 02/14/12
Action: Enacted as Amended
Vote: 8 Yes, 0 No, 1 Absent
KENAI PENINSULA BOROUGH
ORDINANCE 2011 -42
AN ORDINANCE AUTHORIZING A LAND EXCHANGE WITH THE CITY OF
SEWARD IN SUPPORT OF THE CITY'S PUBLIC UTILITY SERVICES
WHEREAS, the City of Seward has developed plans for an office warehouse, electrical extension
and site drainage in support of its public utility services; and
WHEREAS, the project design would be facilitated by redrawing common property boundaries of
certain city and borough owned land; and
WHEREAS, the borough land is part of the Seward school campus which includes the Seward
Elementary, Seward Middle and Seward High schools; and
WHEREAS, this project would result in improved pedestrian access between the Seward
Elementary and Seward High schools; and
WHEREAS, the exchanged lands are of approximately equal area and are considered to be of
approximately equal value; and
WHEREAS, the completion of this land exchange is subject to survey and plat; and
WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of February 13,
2012, recommended enactment by unanimous consent;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That the Assembly finds that exchanging a 0.56 -acre +/- portion of Lot 8A -1 for an
0.56 -acre +/- portion of Lot 6A -1, Fort Raymond Subdivision Replat No. 2, with the
City of Seward pursuant to KPB 17.10.100 (C) & (D) is in the best interest of the
borough.
SECTION 2. That the best interest of the borough finding is based on the following facts:
a) That the property being exchanged is of equal size and value.
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -42
Page 1 of 2
b) That the city's project facilitated by this exchange includes trails and sidewalk
improvements that would benefit the Seward school campus.
c) That the exchange has been negotiated fairly and is mutually beneficial for the
residents of the Kenai Peninsula Borough and the City of Seward.
SECTION 3. That the City of Seward shall be responsible for all surveying and platting costs
associated with this exchange.
SECTION 4. That the mayor is authorized to execute the exchange agreement substantially in the
form of the one accompanying this ordinance and any and all additional documents
necessary to effectuate this ordinance.
SECTION 5. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 14TH
DAY OF FEBRUARY, 2012.
./
Gary Knopp, • ssembly P
ATTEST:
oultillo
Johni Blankenship, Borough Clerk
z r,
ul
4,, 1 964
I �! /! I f f I I I t 1 1
Yes: Haggerty, Johnson, McClure, Pierce, Smalley, Smith, Tauriainen, Knopp
No: None
Absent: Murphy
Ordinance 2011 -42 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 2of2
City of Seward, Alaska Planning Commission Minutes
June 5, 2012 Volume 6, Page 4 8 5
Citizens' Comments on any subject except those items scheduled for Public Hearing
Audience member Bixler McClure spoke to the Commission, introducing himself and
expressing interest in filling one of the Planning & Zoning Commission vacancies.
Approval of Agenda and Consent Agenda
Motion (EcklundButts) Approve the Agenda and the Consent
Agenda
Motion Passed Unanimous
The following items were approved on the Consent Agenda:
May 1, 2012 Regular Meeting Minutes
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing —
Resolution 2012 - of the Planning & Zoning Commission recommending City Council and
Kenai Peninsula Borough approval of the Fort Raymond Subdivision Replat No. 3, to
facilitate the land exchange between the City and Kenai Peninsula Borough as supported by
City Council Resolution 2012 -01; located to the south of Sea Lion Avenue
Glenz noted the replat submitted by Cline and Associates. She explained the replat was the
result of the negotiations between the City and the Kenai Peninsula Borough. The new lot
boundaries were identified and located on the wall map for the Commission and the public. The
planned land exchange was intended to create a location to build an Electric Department
warehouse. Staff had received no public comment regarding the proposed land swap and
recommended approval of the replat.
Assistant City Manager Ron Long explained that the natural flow of a nearby bike path
provided for in the land exchange agreement.
Commissioners discussed the lot designations and the proposed replat.
In response to Butts, Glenz said the negotiated agreement dedicated the bike path route, but
it was essentially on the west of the edge of the City parcel.
Roach' asked if staff was aware that students don't use the back door of the school on the
west side of the building. Roach also expressed an interest in placing a sidewalk to provide a flow
to the front of the elementary school building.
City of Seward, Alaska Planning Commission Minutes
June 5, 2012 Volume 6, Page 4 8 6
Long said the Electric Department and the City Administration offered the land exchange
involving two parcels in equal value. Details relating to the path placement and flow were worked
out separately in the agreement.
Motion (Ecklund/Morgan) Approve Resolution 2012 -09
Ecklund asked if Administration had adopted the list of development requests put forward
by the Seward Schools Site Based Council.
Long said the Seward Schools Site Based Council was not a regulatory entity that was able
to negotiate directly, but all of the suggestions were taken into consideration by the Kenai
Peninsula Borough and City Administration.
Morgan asked who would pay for the cost of the development.
In response to Morgan, Long noted the Electrical Department capital budget was used to
construct the warehouse and move the bike path and other improvements.
Glenz added the proposed replat needed to be approved in order for the project to move
forward, but the agreement between the Kenai Peninsula Borough and the City had been
completed in March.
Commissioners further discussed the proposed replat and land trade.
Motion Passed Unanimous
Unfinished Business — None
New Business —
Resolution 2012 -08 of the Planning & Zoning Commission supporting a Council
recommendation to place a proposition before the qualified voters to exempt
municipal officials from the Alaska Public Officials Commission (APOC) financial
disclosure law and establishing local guidelines
Glenz noted the City intent to establish local reporting requirements for financial disclosure
and explained the proposed changes. She noted the Resolution before the Commission was to
support the Council recommendation to place a proposition before the voters.
Motion (Morgan/Butts) Approve Resolution 2012 -08
Motion (Ecklund/Butts) Amend Resolution 2012 -08 title language
ALASKA to read: supporting a Council
recommendation to place a proposition
before the qualified voters at the October 2,
aeLl
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2012-09
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY
COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE
FORT RAYMOND SUBDIVISION REPLAT NO. 3; TO FACILITATE
THE LAND EXCHANGE BETWEEN THE CITY AND THE KENAI
PENINSULA BOROUGH AS SUPPORTED BY CITY COUNCIL
RESOLUTION 2012 -01; LOCATED TO THE SOUTH OF SEA LION
AVENUE
WHEREAS, Cline and Associates Land Surveyors has submitted a preliminary plat of
City and Kenai Peninsula Borough (KPB) owned lands to facilitate the land exchange supported
by City Council Resolution 2012 -01 and KPB Ordinance 2011 -42; and
WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Lot
6A -2 and Lot 8A -3, Fort Raymond Replat Number 3; and
WHEREAS, the land exchange between the City and the KPB will relocates a portion of
the boundary between former Lots 6A -1 and 8A -1, in accordance with KPB Ordinance 2011 -42
and City Council Resolution 2012 -001; and
WHEREAS, this land exchange equally contains an approximate 0.56 +1- acre portion of
Lot 6A -1 for an equal 0.56 +1- acre portion of Lot 8A -1; and
WHEREAS, this land exchange will allow the City Electric Department to utilize the
area to the north of the new generator building for the Electric Department Warehouse; and
WHEREAS, the lands contained in this replat are located within the Institutional Zoning
District, containing the KPB Elementary School on Lot 8A -1 and the City owned Electric
Department generator building on Lot 6A -1; and
WHEREAS, Cline and Associates has worked diligently with City staff to protect and
provide easements for existing and planned utilities throughout the proposed Fort Raymond
Replat Number 3; and
WHEREAS, City staff have reviewed, commented and support the proposed property
exchange and replat; and
30
Seward Planning and Zoning Commission
Resolution 2012 -09
Page 2 of 3
WHEREAS, no subdivision installation agreement is necessary because all parcels are
currently serviced by municipal roads, water, sewer, electric and other utilities; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding
subdivision plat proposals; and
WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval,
property owners within 300 feet of the requested replat were notified of the proposed replat, and
the property was posted with public notice signs.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends that, in accordance with Seward City Code
Section 16.01.015 (B), the City Council approve the submittal of the Fort Raymond Subdivision
Replat Number 3 to the Kenai Peninsula Borough for approval.
Section 2. The Commission further recommends the Kenai Peninsula Borough Platting
Commission grant the requested exception to KPB 20.20.030 (extension of Sea Lion Avenue)
and KPB 20.20.090 (Cul -de -sacs) for Fort Raymond Subdivision Replat Number 3.
Section 3. The Commission further recommends Kenai Peninsula Borough Planning
Commission approval of the Fort Raymond Subdivision Replat Number 3.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5
day of June 2012.
Seward Planning and Zoning Commission
Resolution 2012 -09
Page 3 of 3
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES: Butts, Morgan, Elklund, Roach'
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: Three
ATTEST:
Johanna Kenney, CMC
City Clerk
(City Seal)
CERTIFICATE OF OWNERSHIP AND DEDICATION PLAT APPROVAL \D A W
ASP IONS 4 NORTH We hereby certify that we ore the owners of the real property This plot was approved by the Kenai Peninsula Borough Planning (4
NA083 shown and described hereon and that we hereby adopt this
plan of subdivision and by our free consent dedicate all rights Commission at the meeting of: an Cr xxev - MI,
of way to public use, and grant all easements to the use shown. r � - - - - -- I
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City of Seward Kenai Peninsula Borough _ `_LR]/
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r to practice land surveying in he State of Alaska, this plot between former Lots 6A -1 and 8A -1, kr accordance FOR T RAYMOND SUBDIVISION
1 represents o surrey mode by me or under my direct supervision, LEGEND MONUMENT DETA /LS with KPB Ordinance 2011 -42 and City of Seward REPLA T NUMBER 3
the monuments shown hereon ectuolly exist os described, and Resolution No. 2012 -001.
r 011 dimensions and other defogs ore correct to the normal lb M1 Found Monument A REPLAT OF:
stcddo4s of praatiee -+f land 5/4 ey rs in the Stole of Alaska. ^ r1"" A M1 2 Bearings ore Alosko State Plane Zone 4 LOTS 6A -1 AND 8A -1
Fond 5/B" Reber wn NAD83. as determined by CPS obsorvotions,
;E
FOUND s 1/s' RAYMOND SUED. REPLAT NUMBER 2
� + A l. CAP MONUMENT distances ore true ground horizontal.
t E OF . AL
Found Reber & PL PLAT 2002 - 1@
W P . - ....... _ . ..... • e,
CC ATE V C oy. LS SJ18
4 .4 ' 11L et J This subdivision is subject to the City of LOCATED WITHIN THE SW 1 4 AND
++ oi:' Tr doss / Y /
CC
N 41 / 4 ® Found Reber & AL Seword's Zoning and Land Use Regulations. THE NW 1/4 SECTION 34
. 4 9 th ` ` ` TOWNSHIP 7 NORTH, RANGE 1 WEST
3 ■ _ E L : .r -. Cop, 3753 - �� rq,^ 4 No permonenf structure may be constructed sEWARD MERIDIAN, ALASKA
r B Found Rebut k Pt b� M2 or plowed within o utility easement that
LL � i c' • R „ ^' wawus WW II Cap, LS 7569 � rouNa z would interfere with the ability of a sEWARD RECORDING DISTRICT
0) a' No. 7569 �'l� ,i CAP
r utility to use the easement. CITY OF sEWARD
0 Set 5 /8x30" Reber 4, CONTAINING 28.34 ACRES
LL Z q y • •• • •• "'
& PL Cap, LS 7569 5 This plot will require an exception to KPH
ESSIa1M
O Z 14)4.59' Measured This Survey 20.20.0)0 (extension of sea Lion Avenue) and
CLINE AND ASSOC /A TES
KPB 20.20.090 (Cal -de -sacs) to be granted
r v 7� z 1 � � ) Record and Measured 33335 M3 by the KPB Plot Committee SURVEYORS
( Plot 2002 -18 � FaUND 3 r 4' f1PA55 476 4th AVENUE PO BOX 2703 SEWARO, AK 99664
V R C D ATA C0R ' l ua cAP T WASTEWATER DISPOSAL )
(600.01') Record Plot 2007 -21 (907 224-7324 FAX (907) 224 -6088
NO. RADIUS 5EL LENGTH CHORD BEARING Tare
C -1 14.00' 7t 25'08" 1721' 16.14' 5345471 "W Former Lot Lines Plans for wastewater disposal, that meet regulatory DATE 04/15/2012 SCALE.' 1" = 100'
requirements ore on 6/e of the Department of DRAWN: NNC F.D. BK.. I2 -01
C -2 " 141.00' 41 JO'47" 104.62' 102.24' N4851'32 f
Environmental Conservation. DRAWING NO.: I7 -05PP1 K.P.B. FILE at 2012 -XXX
Agenda Statement
e�of
Meeting Date: June 25, 2012 'gy
V ell r To: Mayor Seaward, City Council Members %�
t
From: Johanna Kinney, City Clerk )\-
I ` t
Agenda Item: Motion for Reconsideration of esolution 2012 -038
BACKGROUND & JUSTIFICATION:
Resolution 2012 -038, was passed on June 11, 2012, which authorized the City Manager to enter
into an extension of the ground lease with Seward Ship's Drydock, Inc. for the real property
described as Lots 1 -A, and 3, Block 7, Fourth of July Creek Subdivision Seward Marine
Industrial Center, Seward Ship's Drydock Replat.
On June 11, 2012, after adjournment of the regular council meeting, Council Member Ristine
Casagranda filed a written motion to reconsider Resolution 2012 -038. Council Member
Casagranda voted on the prevailing side and her motion, being filed before 5:00 p.m. on June 12,
2012 was timely, therefore in order.
According to Seward City Code 2.10.065 (Rules of Debate), Section (e) (Reconsideration), a
motion to reconsider may be applied to any ordinance, resolution or action of the council and has
precedence over all motions except the motion to adjourn. A councilmember may make a
motion to reconsider only if
• the councilmember voted on the prevailing side on the question to be reconsidered; =a
• the councilmember makes the motion to reconsider on the same day and at the same
meeting at which the vote to be reconsidered was taken; or
• the councilmember files with the clerk not later than 5:00 p.m. on the first city business
day following the day on which the vote was taken a notice of intent to reconsider and
then makes the motion to reconsider at the next regular council meeting. The
councilmember may file by telephone provided that the notice of intent to reconsider is
signed before the motion is considered.
Proper guidelines would be for Council Member Casagranda to make a formal motion to
reconsider Resolution 2012 -038 and a second is required to proceed. If that occurs, the motion
to reconsider is on the table and can be discussed.
If this motion to reconsider passes by a two - thirds vote, the original resolution is back on the
table for discussion. This must pass by the usual majority (4) vote.
If the motion to reconsider fails by a two - thirds vote, the original resolution stands as was
previously voted on June 11, 2012.
RECOMMENDATION:
A motion to reconsider must be made, seconded and passed by a two - thirds vote, before
Resolution 2012 -038 can be back on the table for discussion and a re -vote.
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CITY OFFICL
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXTENSION OF THE GROUND LEASE WITH SEWARD SHIP'S
DRYDOCK, INC. FOR THE REAL PROPERTY DESCRIBED AS LOTS 1 -A
AND 3, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION SEWARD
MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT,
ACCORDING TO PLAT 2002 -22, SEWARD RECORDING DISTRICT,
THIRD JUDICIAL DISTRICT, STATE OF ALASKA
WHEREAS, the City (Lessor) and Seward Ship's Drydock, Inc. (Lessee) entered into the
current Ground Lease in 1995; and
WHEREAS, the Ground Lease was extended in 2010 to 2016 to reflect the investment by
the Lessee in improvements to the shiplift facility by replacing the cathodic protection system; and
WHEREAS, the Lessee has made several other upgrades to the ship lift facility; and
WHEREAS, the Lessee has completed the shiplift controls upgrade, the hoist pawl upgrade,
partial coating of the breakwater cells, and replacement of the cathodic protection system; and
WHEREAS, the parties desire to extend the lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that
Section 1. The City agrees to accept the improvements based on representations by Lessee
that the work was completed and Lessee has expended $346,001.25 on the Shiplift Control System
Upgrade and $409,164.32 on the Hoist Pawl Solenoid Upgrade.
Section 2. The Ground Lease is hereby extended until June 30, 2040. The City Manager is
authorized to enter into an Agreement to Extend Ground Lease in substantially the same form
presented at this meeting.
Section 3. This resolution shall take effect 30 days after adoption.
b
r
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -038
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 day of
June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES: Valdatta, Bardarson, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: Keil
ABSTAIN: None
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
-'c
Council Agenda Statement
Meeting Date: June 11, 2012
From Mack Funk, Harbormaster
Through: Jim Hunt, City Manager
Subject: Seward Ship's Drydock Ground Lease Extension
BACKGROUND & JUSTIFICATION
The City of Seward has long pursued the development of the Seward Marine Industrial Center, and constructed
improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock,
and breakwater. The current ground lease for a portion of the area immediately upland of the Shiplift Facility
has been in effect between the City and Seward Ship's Drydock, Inc. (SSDI) since 1995. In 2010, the Lease `z
was extended through June 30, 2016. The City Council authorized the possibility of future extensions through
June 30, 2040.
Lease extensions are based upon approved capital improvements to the Lease area or the City's Shiplift Facility
operated by SSDI (Lease, Article 2). SSDI and the City went to binding arbitration in 2008. The question
before the arbitrators centered on whether SSDI's proposed replacement of the cathodic protection system
would constitute an "improvement" for purposes of extending the Lease term when the City contended that
SSDI had not maintained or repaired the existing system that over the years deteriorated to a point where it no
longer functioned. The panel of three arbitrators decided on December 23, 2008 that SSDI was, in fact, eligible
for an extension through June 30, 2016 based on the investment made in a new Cathodic Protection system, to
replace the older system, to protect the sheet pile breakwater below the waterline.
To request an extension of the Lease term "... SSDI must submit to the City plans for an improvement ... [that]
must include an estimate of costs and a schedule for installing the improvements." On the other hand, "The
provision in the ground Lease that the improvement proposal is subject to approval by the City does not vest the
Council with additional power over Ground Lease terms." (Arbitration decision)
SSDI made numerous requests to extend the lease (several written attempts are documented over the past four
years, but none are complete in accordance with the Lease). SSDI submitted the costs of three projects that may
qualify for lease extensions: Shiplift Control System Upgrade ($346,001.25), Hoist Pawl Solenoid Upgrade
(409,164.32) and Coating of Cells & Dock Piling ($609,738.37). The total submitted costs of the three projects,
if valid, would qualify SSDI for extensions through 2040. However, each request raises significant questions.
For both the Shiplift Control System Upgrade and the Hoist Pawl Actuator Upgrade, SSDI first requested city
approval on July 29, 2009 (letter enclosed), but the request did not include a schedule. Apparently the City did
not approve the request because it was not complete and did not meet the requirements in Article 2 of the Lease
to ask for an extension of the term. The labor rate charged for this work is $44.10 per hour.
The Coating of Cells & Dock Piling did not achieve the agreed upon goal of reaching 2 feet MLLW. "A
professional acknowledged the paint was about as low as it could get. It was difficult to go to that level. In
looking at the coating, he felt it was acceptable, even though it did not meet the council's guidance from March
[2011]." (Excerpt from the City Council minutes September 26, 2011). The previous city manager
recommended that the work be deemed complete. Several months later, the City Council accepted that
recommendation, in March 2012, as part of the approval of the 5 -year extension of the Maintenance and
Operating Agreement. However, the original estimated cost was $400,000 (compared to $609,738.37).
}
Furthermore, 72% of the total cost of the project is labor and the labor rate associated with this work is claimed
to be $63 per hour.
SSDI is technically in default of the Lease as a result of four unresolved Notices of Default issued by the Alaska
Department of Environmental Conservation. The City, as the owner of the land, may be held jointly and
severally liable for contamination caused by SSDI at the site The administration recommends allowing the
Lease to continue, without waiving any rights of the City, with the understanding and expectation that
environmental compliance matters will be dealt with and resolved between SSDI and DEC.
The arbitration panel stated, "The City may not unreasonably withhold its consent to an improvement that SSDI
proposes in connection with exercising the option to extend the Ground Lease." The panel also emphasized
SSDI's responsibility to submit complete requests, including cost and a schedule for completion of acquiring,
installing and constructing the improvement. No requests were sent to the City that comply with Article 2 of
the Lease, and therefore no response was appropriate from the City. SSDI now asks for extensions to the Lease
term to extend the term to June 30, 2040 without the need for compliance with Article 2. The administration
has no objection, and recommends approval of an extension of the Lease term to June 30, 2040.
According to the previous city manager, the ship lift facility is currently maintained in the best condition in the
history of the Seward Marine Industrial Center (Agenda Statement September 26, 2011).
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): Seward Zoning X
2 Strategic Plan (document source here): Seward Marine Industrial Center X
Development Plan
3. Other (list):
FISCAL NOTE
The current rent collected from Seward Ship's Drydock, Inc. is $64,000 per year (plus tax).
Finance Department: tE4.4
ATTORNEY REVIEW Yes - Limited No
RECOMMENDATION
Council approve Resolution 2012 - 0 DV authorizing the City Manager to enter into the Extension of the
Ground Lease with Seward Ship's Drydock, Inc. through June 30, 2040 in substantially the form presented at
this meeting.
' JUN 5 2012
(.H-HUE OF THE
I � CITY CLERK
SEWARD SHIP'S DRYDOCK INC
P.O. Box 944 Tel: (907) 224 -3198
Mile 7 Nash Road Tel: (907) 224 -5640
Seward, Alaska 99664 -0944 Fax: (907) 224 -5376
June 4, 2012
Mr. Ron Long
Assistant City Manager
City of Seward
PO Box 167
Seward, AK 99664
Dear Mr. Long,
In accordance with our lease, and at the request of the city, this letter
summarizes and certifies the costs recently expended by Seward Ships
Drydock, Inc. to complete the capital improvements and upgrades at our
leased facility:
1. Coating Cells and Dock Pilings $609,738.37
2. Hoist Pawl Solenoid Upgrade $409,164.32
3. Cathodic Protection System $303,816.89
4. Control System Upgrade $346,001.25
Please don't hesitate to contact me if you have any questions.
Sincerely
7 i ,okow �u:�-
J. Pruitt, owner
LAO
AGREEMENT TO EXTEND GROUND LEASE
•
This Agreement is between the City of Seward, Alaska, an Alaska municipal corporation
( "City "), whose address is P.O. Box 167, Seward, Alaska 99664, and Seward Ship's Drydock,
Inc., an Alaska corporation ( "Lessee "), whose address is P.O. Box 944 Seward, Alaska 99664,
who are lessor and lessee, respectively, under that certain Ground Lease dated April 25, 1995 of
certain real property located within the Seward Marine Industrial Center, Seward, Alaska (the
"Lease ").
The City of Seward and the Lessee certify that certain improvements have been
completed that are necessary to extend the Lease Tern in accordance with Ground Lease
Amendment No. 4 dated January 14, 2010. Lessee installed certain capital improvement projects
at the City Ship I,ift Facility: Hoist Pawl Solenoid Upgrade, SMIC Cell and Dock Pile Coating,
Control System Upgrade, and Cathodic Protection System. In full consideration of the
aforementioned improvements by the Lessee, the City and Lessee agree that the subject lease
will be extended commencing July 1, 2016 and expiring June 30, 2040.
Dated this day of , 2012
City: Lessee:
CITY OF SEWARD SEWARD SHIP'S DRYDOCK, INC.
James Hunt Jam s T. Pruitt
City Manager President
ATTEST: �
N(
Johanna Kinney
City Clerk S�
State of Alaska
)ss.
Third Judicial District
The foregoing instrument was acknowledged before me this _ day of , 2012 by James Hunt,
City Manager of the City of Seward an Alaska corporation, on behalf of the corporation.
Notary in and for Alaska
My commission expires:
4\
State of Alaska )
)ss.
Third Judicial District ) hh
The foregoing instrument was acknowledged before me this J /''8ay of MO iii , 2012 by James T.
Pruitt, President of Seward Ship's Drydock, Inc. an Alaska corporation, on behalf of the corporation.
! `t ti O,A F _. C ,> V/0(
/0(21 _
Notary in and for Alaska e ! Q
My commission expires: ley //C�
6 0 - . 4 : , i t , y ires: p
,f 1 /i5 /
„...............______)
t
ARY `
.LIC
,�'
rig
SEWARD SHIP'S DRYD CK IN
C.
P.D. Box 944 Tel (907) 224 -3198
Mile 7 Nash Road Tel: (907) 224 -5640
!_ Seward, Alaska 99664-0944 Fax (907) 224 -5376
RECEDED
City of Seward JUL 2 9 2009
PO Box 167
OFFIGE OF THE 29 July,2009
Seward, AK 99664 CITY CLERK
Attention: Phillip Oates; City Manager
Subject: Ground Lease Extension Beyond 2029
Dear Phillip,
As you are aware, Seward Ship's has received tentative award of a MARAD grant. The
major portion of that grant, approximately $700,000, is designated for Syncrolift control
system improvements. As replacement of the cathodic protection system extends the
lease to 2016 and completion of the cell and piling coatings, estimated capital
improvement value approximately $400,000 will provide for the remaining 13 years of
lease extension available under the current lease, we find it necessary to make some
important business decisions concerning future capital improvements of the shiplift
facility.
Prior to accepting the grant funds, Seward Ship's requests to have commitment from the
city administration and council that the Syncrolift control system improvement project
will be considered a capital improvement and that Seward Ship's will be granted a lease
extension beyond the year 2029, based on the same criteria outlined in article 9 of the
December 29, 2008 arbitration award.
Please do not hesitate to contact me if you require any further information or have any
questions.
S' cerely,
James T Pruitt
President, SSDDI
y3
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ESTABLISHING LOCAL FINANCIAL DISCLOSURE
GUIDELINES FOR APPOINTED AND ELECTED OFFICIALS AND
APPROVING THE CITY OF SEWARD FINANCIAL DISCLOSURE
FORM UPON VOTER APPROVAL AND PASSAGE OF PROPOSITION
#1 AT THE OCTOBER 2, 2012 MUNICIPAL ELECTION
WHEREAS, the Alaska Legislature has statutory provisions in AS 39.50 relating to the
disclosure and reporting of financial and business interests of public officials, which includes
municipal elected and appointed officials; and
WHEREAS, the requirements adopted in 2007 have become too intrusive and
unreasonable, which has created a hardship for keeping and recruiting municipal elected and
}
appointed officials in our community; and
WHEREAS, appointed and elected officials will be defined as the City Manager,
candidates and seated Mayor and City Council members and Seward Planning & Zoning
Commissioners; and
WHEREAS, those statutory provisions are applicable to municipal officers unless a
majority of the voters at a general election approve an ordinance exempting its municipal officers
from the requirements of the state provisions; and
WHEREAS, the City Council believes in the public's right to know the financial and
business interests of the persons who seek and hold public office, and desires to establish
adequate local provisions relating to disclosure of business and financial interests and conflicts
of interest; and
WHEREAS, the City Council has established a financial disclosure form for Seward
which basically adopts the requirements of the State Public Officials 2007 form; and
WHEREAS, passage of the new City of Seward's financial disclosure form continues to
assure public access, accountability, and continue the public trust by requiring officials in their
official acts to disclose private or business interests; and
WHEREAS, this change would still protect the public from the influence of undisclosed
private or business interests, permit public access to information necessary to judge the
credentials and performance of those who seek and hold public office, while allowing certain
rights of privacy for our citizens seeking to hold public office, and expanding the pool of
residents available to provide public service.
L A L\
1
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -042
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The City Council approves the financial disclosure form presented at this
meeting, and adopts it as the City of Seward's financial disclosure form for appointed and elected
officials who are defined as: the City Manager, candidates and seated Mayor and City Council
members and Seward Planning and Zoning Commissioners.
Section 2. This resolution shall take effect immediately upon passage of Proposition
#1, at the Municipal election held October 2, 2012, exempting the City of Seward from the
requirements of Chapter 39.50 of the Alaska Statutes.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
25 day of June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
LAS
Council Agenda Statement
Meeting Date: June 25, 2012
r 4of Sti
To City Council v ;
From Johanna Kinney, City Clerk q q v-P
Agenda Item: Adoption of City of Seward Financial Disclosure •
Form •
BACKGROUND & JUSTIFICATION:
The City of Seward has heard from many citizens that they would not run for public office because
of the intrusiveness of the requirements of the Alaska Public Offices Commission's ( "APOC ")
Financial Disclosure laws. Municipalities could opt out or be exempt from this law (AS 39.50) if
they receive voter approval from their communities. Research showed over half of the
municipalities around the state have already exempted themselves from these state provisions.
"Appointed and elected officials" will include: the city manager, candidates and seated Mayor and
Council positions and Seward Planning & Zoning Commissioners.
The City Council is considering adopting a non -code ordinance on the ballot for the October 2, 2012
municipal election for voter approval, exempting the City of Seward from the state requirements of
AS 39.50.
If, in accordance with Non Code Ordinance 2012 -006, the voters elect to exempt the City from AS
39.50, the City Council desires to adopt its own disclosure form that would meet the intent listed
below.
For your approval is a modified 2007 Alaska Public Offices Commission form, that basically adopts
the old form prior to the changes. The significant items are
• Kept the 2007 APOC $5,000 limit instead of the new $1,000 limit;
• Took out all references to the APOC manual;
• Added a footer which was adopted from the new 2008 APOC forms;
• Took out where it referred to each individual year, and put the words "the preceding calendar
year" to save time and money in annual form changes;
• Changed the annual due date from March 15` of each year to April 15
• Added records retention language; and
• Added words notifying the public this only exempted Seward from the state disclosure laws,
not the state campaign laws.
INTENT: To establish financial disclosure guidelines that continue to protect the public from the
influence of undisclosed private and business interests, provide public access to information
necessary to judge the credentials of those seeking to hold public office, assure accountability and
continue the public trust, while still allowing for certain rights of privacy for citizens wishing to seek
public office and expanding the pool of residents available to provide public service.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): x
Strategic Plan (document source here):
2 Page 2, "The mission of the City of Seward government is to provide
quality leadership, operate efficiently, be res onsive to the desires o i
q h' P� p P f .
residents, preserve and promote the unique heritage and natural setting of
the city, and further the social and economic well -being of its citizens."
Other (list):
Planning and Zoning Commission Resolution 2012 -008 (approved at their
3. June 5, 2012 meeting x
City Council Non -Code Ordinance 2012 -006 (included in this meeting's
packet for enactment)
}
ATTORNEY REVIEW: Yes X No
FISCAL NOTE: No financial impact is anticipated upon passage of this resolution.
Approved by Finance Department:
RECOMMENDATION:
Z
Approve Resolution 2012- adopting the City of Seward's own financial disclosure form subject to
Non Code Ordinance 2012 -006 and voter approval.
yF
CITY OF SEWARD
PUBLIC OFFICIAL FINANCIAL DISCLOSURE STATEMENT
BACKGROUND INFORMATION
1. This report is for candidates and existing members of: the City Manager, the Mayor, the Seward City
Council, and the Seward Planning & Zoning Commission.
2. This report is for the preceding calendar year, so include any information about financial
interests held between January and December.
3. You must show your financial interests and those held by your spouse, or dependent
children during the preceding calendar year. NOTE: Municipal officers are not required to disclose
information about their domestic partner.
4. This form takes the place of the Alaska Public Official Financial Disclosure Form in AS 39.50, per approval
to exempt by the voters on October 2, 2012. Candidates and Elected Officials must still follow the state
election campaign laws of AS 15.13.
5. SIGN THIS REPORT ON THE LAST PAGE
NAME:
Phone Fax Number
OCCUPATION:
MAILING ADDRESS :
(Current S et Address or Post Office Box ) E -Mail Address
(City/Town and Zip Code)
OFFICE HELD OR SOUGHT (CHECK ONE): City Manager ❑ City Council ❑ P &Z ❑
TERM OF OFFICE: From to =`
TITLE:
TYPE OF STATEMENT (CHECK ONE): 1'
['CANDIDATE STATEMENT Must be filed with your declaration of candidacy
❑ INITIAL STATEMENT For newly appointed municipal officials'.
❑ ANNUAL STATEMENT Due by April 15
SPOUSE:
DEPENDENT CHILDREN:
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
P��
SCHEDULE A
SOURCES OF INCOME OVER $5,000
Salaried Employment If NONE reportable, check box —> n
Report the name of each employer who paid you, your spouse, or dependent children more than $5,000 during the
preceding calendar year.
Name of filer, spouse, or child :
Employer's Name:
Name of filer, spouse, or child :
Employer's Name:
Name of filer, spouse, or child :
Employer's Name:
Name of filer, spouse, or child :
Employer's Name:
Self - Employment If NONE reportable, check box —>
List the name and address of each self - employment business that was a source of income of more than $5,000 for
you, your spouse, or dependent child during the preceding calendar year.
If the business is non - retail, list the first and last name of each client or customer who paid the business
over $5,000.
Self - employment includes: sole proprietor, partnership, limited liability company, shareholder in a professional
corporation; or if you held (individually or with another family member) more than 50% of the stock in a
corporation.
Name of filer, spouse, or child:
Business Name :
Retail n Non- Retail n (If you check non- retail, list clients /customers below.)
Name of client /customer:
Name of filer, spouse, or child :
Business Name :
Retail E Non - Retail n (If you check non- retail, list clients /customers below.)
Name of client /customer:
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
SCHEDULE A
SOURCES OF INCOME OVER $5,000
Rental Income If NONE reportable, check box -> ❑
List the first and last name of each tenant from whom over $5,000 was received during the preceding calendar year.
If property is located outside Alaska and managed by a person other than you, your spouse, or dependent child, you
may list the managing agent instead of listing each tenant.
Owner (filer, spouse, or child) Tenant(s)
Dividends and Interest If NONE reportable, check box -> ❑
Report the name of the source of all dividends, interest and capital gains over $5,000 earned during the preceding
calendar year such as Dean Witter Money Market Acct. or CDs in ABC Bank.
• List the name(s) of the asset(s) (not in a retirement account) which paid you, your spouse, or child dividends,
interest or capital gains of more than $5,000 last year such as IBM stock or Cordova Municipal Bonds.
• (Report the assets of a retirement account or trust on page 6)
Recipient (filer, spouse, or child) Name of Source of Income
Other Income If NONE reportable, check box --- ❑
List each source of income over $5,000 not listed elsewhere on this statement, including income from public
assistance, workman's compensation, unemployment, the name of the buyer of real property; social security;
retirement; the name of the person who paid alimony or child support; government entitlements; honoraria and
shared living expenses.
Recipient (filer, spouse, or child) Name of Source
Gifts If NONE reportable, check box - ❑
List the source of gifts which have a value of or cumulative value of more that $250 except gifts received from a
spouse, parent, child, sibling, grandparent, aunt, uncle, niece or nephew. Some examples of
gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public.
Recipient (filer, spouse, or child) NAME OF SOURCE
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
P.cS
SCHEDULE B
BUSINESS INTERESTS
Business Interests If NONE reportable, check box —> ❑
Report all business interests even if they were not sources of income to you, your spouse, or dependent child
during the preceding calendar year:
• List ownership interests of more than $5,000 as a shareholder in publicly traded stocks that are not listed
elsewhere on this form. (A list of the names of publicly traded stocks such as IBM or Intel may be listed by
name only on a separate page.)
• List ownership interests in non - publicly traded companies such as a sole proprietor, shareholder, owner,
partner, officer, or director including ownership interests in native corporations.
• List interests in limited liability companies
• List director or officer position in profit and non -profit organizations.
Describe the business activity with sufficient detail to tell a reader what the organization actually does.
Name of filer, spouse, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
Name of Tiler, spouse, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
ri
Name of filer, spouse, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
Name of filer, spouse, or child:
Business Name:
Business Address:
Nature of Interest:
Description of Business's Activity:
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
P4
SCHEDULE C
REAL PROPERTY INTERESTS/RENT TO OWN
Real Property Interests If NONE reportable, check box -›
Report all property interests such as your home, neighboring Tots, rent to own home, rental property, vacant,
recreational, business property or limited partnerships including real estate interests held in an LLC; or held
through a trust or sold during the preceding calendar year.
Include a street address, city and state or complete legal description for each piece of property listed. Do not use
mile post markers or post offices boxes.
Use copies of this page if you need additional space to complete this section.
Name of filer, spouse, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold) Current Use (Optional)
Name of filer, spouse, or child:
Street Address or Legal Description:
City or Borough and State:
Ya`I
Nature of Interest:
(Option to Buy, Ownership, Leasehold) Current Use (Optional)
of filer, spouse, or child:
Street Address or Legal Description:
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold) Current Use (Optional).
Name of filer, spouse, or child:
Street Address or Legal Description:
City or Borough and °State:
'<
Nature of Interest:
(Option to Buy, Ownership, Leasehold) Current Use (Optional)
Name of filer, spouse, or child:
Street Address or Legal Description:__
City or Borough and State:
Nature of Interest:
(Option to Buy, Ownership, Leasehold) Current Use (Optional)
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Pagr4
SCHEDULE D
BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS
Exceeding $5,000
Trusts & Retirement Accounts If NONE reportable, check box —> ❑
Report each beneficial interest in a trust or retirement account held by you, your spouse, or dependent children
that exceeded $5,000 during the preceding calendar year. Retirement accounts include employee benefit
accounts (pension and profit - sharing accounts), and retirement accounts (IRA, 401K, SEP or Keogh).
Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property:
• Name the trustor (the person or employer who provided the funds or assets for the trust or retirement ,
account).
• If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton
Growth Fund.
Name of filer, spouse, or child: Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
Name of filer, spouse, or child: Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
i
Name of filer, spouse, or child: Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
Name of filer, spouse, or child: Extent of Interest (Percent)
Name of the person, employer or entity who provided the funds or assets (Trustor)
Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 6
SCHEDULE E
LOANS, LOAN GUARANTEES, AND DEBTS
OF $5,000 OR MORE
NATURAL RESOURCE LEASES
Loans, Loan Guarantees, and Debts If NONE reportable, check box -> ❑
Report of / • or 1 to whom more 111 was owed during the preceding calendar
year by you, your spouse, or dependent children.
List financial obligations including mortgages on property sold during the preceding calendar year; loans that have
been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans;
business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured,
unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts.
Circle whether the entity is a lender, 1 • or guarantor.
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor x'
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor
Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor
Natural Resource Leases If NONE reportable, check box - ❑
List all natural resource leases, including mineral, timber, or oil leases bid held or offered during the preceding
calendar year. Report this information for yourself, your spouse, or dependent child who was a sole proprietor, a
partnership or professional corporation of which you are a member; or a corporation in which you or your family
members listed above (or a combination of them) held a controlling interest.
Leaseholder Nature of Lease
Indicate: Bid, held or offer made Identity of Lease and Description
Leaseholder Nature of Lease
Indicate: Bid, held or offer made Identity of Lease and Description
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
SCHEDULE F
GOVERNMENT CONTRACTS AND LEASES
CERTIFICATION
Contracts and Offers to Contract If NONE reportable, check box --> ❑
List all contracts and offers to contract with the state or instrumentality of the state or a municipality during the
preceding calendar year held, bid or offered. Report this information for yourself, your spouse, or, dependent
children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a
corporation in which you or your family members listed above (or a combination of theirs) held a controlling interest.
if
Name(s) of Contractor Contracting Agency /Department
Indicate: Bid, held or offer made Contract number and description
Name(s) of Contractor Contracting Agency/Department
Indicate: Bid, held or offer made Contract number and description
CERTIFICATION
I certify under penalty of perjury that the information in this Statement is, to the best of my knowledge, true,
correct and complete. A person who makes a false sworn certification which he or she does not believe to be true
is guilty of perjury.
SIGNATURE DATE
Printed Name of Filer Place
WHERE TO FILE THIS STATEMENT
MUNICIPAL OFFICIALS AND CANDIDATES - File this statement with the City Clerk's Office in the
jurisdiction where you hold or seek office. This statement will be kept on file for six (6) years, which is the state
recommended records retention schedule for this document.
City of Seward
ATTN: City Clerk's Office
410 Adams Street
P.O. Box 167
Seward, Alaska 99664
Phone 907 224 -4046
Fax 907 224 -4038
clerk @cityofseward.net
t�>
GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU
HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT.
Page 8
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $25,000.00
FROM THE STATE OF ALASKA DESIGNATIVE LEGISLATIVE GRANT
FUND TO EXTEND A BOARDWALK FROM THE END OF THE HOLIDAY
INN EXPRESS HOTEL BOARDWALK TO PORT AVENUE AND
APPROPRIATING FUNDS
WHEREAS, the boardwalk from the Holiday Inn Express Hotel to Port Avenue is
unfinished; and
WHEREAS, it is safest for pedestrian traffic moving from the cruise ship terminal to the
small boat harbor to keep passengers out of the adjacent industrial area; and
WHEREAS, the City applied for and has received a grant from the State of Alaska to extend
and finish the boardwalk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that
Section 1. The City Manager is authorized to appropriate $25,000.00 of State Grant Funds
from grant revenue account number 401 -- 4360 - 4680 -0200 to contracted services account
number 401- 4360 -5390.
Section 2. This resolution shall take effect immediately.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25`" day of
June 2012.
THE CITY OF SEWARD, ALASKA
{
David Seaward, Mayor
Eb j'ji
Agenda Statement
{ se � y9
Meeting Date: June 25, 2012 9 A ,-
_
To: City Council
q �ASy� P
Through: City Manager Jim Hunt
From Norman Regis Deputy Harbormaster
Agenda Item: Accepting Grant Funds to extend the boardwalk and designating funds
BACKGROUND & JUSTIFICATION:
A grant application was submitted to the State of Alaska requesting funds to extend a board walk
from the end of the Holiday Inn Express Hotel sidewalk to Port Avenue, to allow cruise ship
passengers to safely walk to the harbor boardwalk without crossing through an industrial area
INTENT:
For the City of Seward Harbor to extend a concrete sidewalk with railings from the north end of the
Holiday Inn Express Hotel sidewalk to Port Avenue to aid in keeping cruise ship passengers out of
an industrial area
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (document source here): Small Boat Harbor
1. Development —page 23: completing the boardwalk system around the X
harbor.
Strategic Plan (document source here): page 17: Expand and Maintain
Existing Sidewalks and the Multi- Purpose Trail System in Order to
2. Provide a Safe, Fully Accessible, Paved Pathway Throughout the City. X
Page 7: Continue working to ensure the expansion and modernization
of the freight and cruise ship port facilities.
3. Other (list): X
FISCAL NOTE:
The City Manager is authorized to appropriate $25,000.00 received from the Designated Legislative
Grant for the Cruise Ship Boardwalk Extension from grant account no. 401 - 4360 - 4680 -0200 to
contracted services account no. 401 - 4360 -5390.
Approved by Finance Department: jet ,c.J
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
City Council approves Resolution 2012- V 3
authorizing the City Manager to accept grant
funds in the amount of $25,000.00 from the State of Alaska Designated Legislative Grant Fund and
appropriate the funds to the 2012 harbor budget in account 401 - 4360 -5390 to complete a concrete
boardwalk from Holiday Inn Express Hotel to Port Avenue.
STATE OF ALASKA v
?� f rt DEPARTMENT OF
B a s COMMERCE Sean Parnell, Governor
t COMMUNITY AND Susan K. Be!!, Commirrioner
F ECONOMIC DEVELOPMENT Scott Ruby, Director
a1.. Division of Community and Regional Affairs
Grants Section
2011 STATE OF ALASKA ��l %%
July 15, a Community,
and Economic Development
•
City of Seward '
The Honorable Willard Dunham Robin Park
P.O. Box 167 Grants Administrator II
Seward, Ali 99664 Division of Community and Regional Affairs
Phone: (907) 465 -4731
PO Box 110809 Fax: (907) 465 -5867
Juneau, Alaska 99811 -0809 TOD: (907) 465-5437
RE: FY -2012 Designated Legislative Grant 150 3rd Street, Rm 3156 robin.parkffalaska.gov
Juneau, Alaska 99801 www.commerce.state.ak.usidca
Dear Mayor Dunham:
I am pleased to notify you that the City of Seward has been appropriated a FY -2012 Designated
Legislative Grant per AS 37.05.316 for the purpose of Cruise Ship Boardwalk Extension. The amount of
State funding appropriated for this grant is $25,000.00.
It is the intent of the Legislature that the Department of Commerce, Community, and Economic
Development eliminate the requirement for narrative and financial quarterly or monthly reporting for any
grant of $50,000 or less. We are implementing this practice starting this year. There will be no grant
reports required for this grant. The legislature also passed intent language stating that the department
issue a single upfront payment for any grant in the amount of $50,000 or less, conditioned on the
department first receive a signed certification from the recipient agreeing to use the full grant amount for
its intended purpose.
In order for the grant funds to be released, you must carefully review, sign, and return the enclosed
document. We encourage you to closely read all the standard provisions of the grant. All forms must be
signed by the highest ranking official and returned to DCCED. Upon receipt and approval, DCCED will
return a fully executed copy of the agreement and issue payment in the full amount of the grant award.
Congratulations on this grant award. If you have any questions, please contact me at (907) 465 -4731.
Sincerely,
Robin Park
Grants Administrator II
`.i
Enclosures: Grant Agreement
Standard Provisions
TPS Report
'lr
P.O. Box 110809, Juneau, Alaska 99811 - 0809
Telephone: (907) 465 -4731 Fax: (907) 465-5867 Text Telephone: (907) 465 -5437
Email: robin.park @alaska.gov Website: ht:tp: / /www.commerce.alaska.gov /dcra/
.r.
State of Alaska
Designated Legislative Grant Agreement
Grant of $50,000 or Less
1. Parties
The Alaska Department of Commerce, Community, and Economic Development, Division of
Community and Regional Affairs (hereinafter `Department') and City of Seward (hereinafter
`Grantee') agree as set forth herein.
2. Project Funds
The Grantee has been appropriated funds in the amount of $25,000. The funds are being
provided in the following appropriation: SLA 2011, Chapter 5, Section 7, Page 142, and Line 4].
3. Project Purpose
The purpose of the funding as stated in the appropriation is for Cruise Ship Boardwalk
Extension.
4. Lump Sum Payment
The Department will issue a one -time payment for the amount of this grant award following the
signing of this Grant Agreement by both parties. Official close out of the grant will occur at the
Grantee's acceptance of the grant funds as verified by the Grants Administrator via the State
accounting system.
5. Start Date
The Grantee understands that funds under this grant cannot be used to pay for any costs incurred
prior to7 /1/2011.
6. Project Management
This project will be managed by the Grantee. The Grantee must establish and maintain separate
accounting for the use of this grant.
7. Contact Information
The contact information for the Grantee for all information pertaining to this grant is:
Name of Entity: City of Seward
Street/PO Box: P.O. Box 167
City /State /Zip: Seward, AK 99664
Contact Person:
Phone:
Fax:
E -mail:
Rev. 6/2011 Legislative Grant Agreement — Grant of $50,000 or Less Page 1 of 36
Designated Legislative Grants Agreement
Grant of $50,000 or Less
Standard Provisions
Article 1. Indemnification It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a
result of the Grant Agreement.
The Grantee, its successors and assigns, will protect, save, and hold harmless the Department and the State of
Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any
nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors,
licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities
authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska
and their authorized agents and employees in any litigation; including payment of any costs or attorney's fees for
any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this
Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused
by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided,
that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the
State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or
employees.
Article 2. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds and to
execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's
relation to the Department and the State of Alaska shall be at all times as an independent Grantee.
Article 3. Access to Records The Department and duly authorized officials of the State of Alaska shall have full
access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the
Grantee, and of persons or organizations with which the Grantee may contract, involving transactions related to the
project and this Grant Agreement.
Article 4. Retention of Records The Grantee shall retain financial and other records relating to the performance of
this Grant Agreement for a period of six years from the date of project close -out, or until final resolution of any
audit findings, claims, or litigation related to the grant.
Article 5. Financial Management, Accounting, and Recordkeeping The Grantee shall establish and maintain a
financial management and accounting system that conforms to generally accepted accounting principles. The
Grantee agrees to keep such records as the Department may require; and compliance to all federal, state, and local
government statutes, regulations, ordinances, inspections, certificate, permitting, and public notice requirements;
and all industry standards applicable to this project. Such records will include information pertaining to grant
awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also
include information pertaining to project performance and efforts to comply with the provisions of the Grant
Agreement. And, where appropriate, every effort is to be made to have verification of and /or certificates and
permits at the project site.
Article b. Obligations Regarding Third -Party Relationships The Grantee shall remain fully obligated under the
provisions of this Grant Agreement notwithstanding its designation of any third party or parties of the undertaking
of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the
Grantee to comply with all the provisions of this Grant Agreement.
The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each
subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a
Rev. 6/2011 Legislative Grant Agreement — Grant of$50, 000 or Less Standard Provisions
Pagel ofd
. -
Article 14. 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.
Article 15. Insurance Without limiting the Grantee's indemnification, it is agreed that the Grantee shall purchase
at its own expense and maintain in force at all times during the performance of this Grant Agreement the insurance
policies identified below. All insurance policies shall comply with, and be issued by insurers licensed to transact the
business of insurance under Alaska statute AS 21.
15.1 Workers' Compensation Insurance for all employees engaged in work under this Grant Agreement,
coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but
not limited to Federal U.S.L. & H. and Jones Act requirements.
15.2 Commercial General Liability Insurance covering all business premises and operations used by the
Grantee in the performance of this project and Grant Agreement with coverage limits not less than
$300,000 combined single limit per occurrence and annual aggregates where applicable.
15.3 Comprehensive Automobile Liability Insurance covering all vehicles used by the Grantee in the
performance of this project and Grant Agreement with coverage limits not less than $100,000 per
person /$300,000 per occurrence bodily injury and $50,000.00 property damage.
15.4 Professional Liability Insurance: Covering all errors, omissions or negligent acts of the contractor,
subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract
which result in financial loss to the State. Limits required are per the following schedule:
Contract Amount Minimum Required Limits
Under $100,000 $100,000 per occurrence /annual aggregate
Article 16. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering
services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of
Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the
bond or insurance shall be for not less than the amount of the entire project.
Article 17. Governing Law and Jurisdiction This Grant Agreement is governed by the laws of the State of
Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and
regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and
operation of this project by the Federal, State, or Local governments have been obtained. The venue of any suit
hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska.
Article 18. Equal Employment Opportunity (EEO) The Grantee shall comply with AS 18.80.220. 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 state funded projects, that it
is an equal opportunity employer (EEO) and that all qualified applicants 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 or subcontractor.
Rev.6/201I Legislative Grant Agreement — Grant of $50, 000 or Less Standard Provisions
Page 3 of 4 1;
Total Project Snapshot Report
2011 Legislature TPS Report 56245v1
Agency: Commerce, Community and Economic Development
Grant Recipient: Seward Federal Tax ID: 92 - 6000086
Project Title: Project Type: New Construction and Land Acquisition
Seward - Cruise Ship Boardwalk Extension
State Funding Requested: $25,000 House District: 35 / R
One - Time Need
Brief Project Description:
This project extends the existing ADA accessible boardwalk from the Holiday Inn Express to Port
Avenue to meet the needs of cruise ship passengers and crew members.
Funding Plan:
Total Project Cost: $25,000
Funding Already Secured: ($0)
FY2012 State Funding Request: ($25,000)
Project Deficit: $0
Funding Details:
No funding has yet been received for this project. This is a request for cruise ship head tax funding.
Detailed Project Description and Justification:
This project extends the ADA accessible boardwalk from the Holiday Inn Express to Port Avenue which is the primary
pedestrian corridor for cruise ship passengers and crew members who are coming from or going to the cruise ship terminal.
The boardwalk extension will also enhance pedestrian safety through the addition of a railing that will prevent people from
straying into an adjacent travel lift dock. The length of the extension is approximately 125 feet. This project is fully consistent
with the guidelines for use of cruise ship head tax funding.
Project Timeline:
This project will be completed by September 2011.
Entity Responsible for the Ongoing Operation and Maintenance of this Project:
City of Seward
Grant Recipient Contact Information:
Name: Phillip Oates
Title: City Manager City of Seward
Address: 410 Adams Street (P.O. Box 167)
Seward, Alaska 99664
Phone Number: (907)224 -4012
Email: poates @cityofseward.net
Has this project been through a public review process at the local level and is it a community priority? X Yes No
For use by Co -chair Staff Only ::
Page 1
Contact Name: Katie Koester 4.n 25 }000
Contact Number: 235 -2921 L pptOV
4:46 PM 5/27/2011
(a
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN AN
EXTENSION OF A SPECIAL SERVICES CONTRACT BETWEEN THE
CITY OF SEWARD AND THE DEPARTMENT OF PUBLIC SAFETY
PROVIDING DISPATCH AND CLERICAL SERVICES TO PUBLIC
SAFETY EMPLOYEES IN THE SEWARD AREA FOR FORTY -EIGHT
THOUSAND AND FIVE HUNDRED DOLLARS ($48,500.00)
WHEREAS, the City of Seward has entered into an agreement for the past fifteen (15) fiscal
years to provide dispatch and clerical services to Alaska State Troopers and Fish and Wildlife
Protection Officers in the Seward Community; and
WHEREAS, the amount of compensation for dispatch services has been forty-eight thousand
and five hundred dollars ($48,500.00); and
WHEREAS, the attached extension would continue the services at the current rate through
June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to sign an extension of a Special Services
contract between the City of Seward and the Department of Public Safety providing dispatch and
clerical services to public safety employees in the Seward area for Forty Eight Thousand and Five
Hundred Dollars ($48,500.00).
Section 2. This resolution shall take effect immediately upon its adoption. k
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25
day of June 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
Agenda Statement
Meeting Date: June 25 2012 se
1
To: Jim Hunt, City Manager a ,, k'
From Tom Clemons, Chief of Police q P
Agenda Item: Extension of Special Services Contract between the Department of Public
Safety and the City of Seward
BACKGROUND & JUSTIFICATION:
The City of Seward has entered into an agreement for the past 15 fiscal years to provide dispatch and
clerical services to the Alaska State Troopers and Fish and Wildlife Protection Officers in the
Seward community. The amount of compensation for that contract has been $48,500. The attached
extension would continue the services at the current rate through June 30, 2013.
INTENT: To authorize the City Manager to sign an extension of a Special Services contract
between the City of Seward and the Department of Public Safety.
CONSISTENCY CHECKLIST: Yes No NA
1 Comprehensive Plan: (Page 14) Public Safety X
2 Strategic Plan: (Page 18) Promote a Safe Community X
3 Other: X
FISCAL NOTE: The City of Seward will receive the sum of $48,500 from the State of Alaska for
this contract. These funds have been anticipated and are already included in the 2012 budget.
Approved by Finance Department: At
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Recommend approval of Resolution 2012 - (authorizing the city manager to sign an extension
of a Special Services contract between the City of Seward and the Department of Public Safety
providing dispatch and clerical services to public safety employees in the Seward area for $48,500.
5 .
ALASKA DEPARTMENT OF PUBLIC SAFETY
CONTRACT FOR SPECIAL SERVICES
July 1, 2012 to June 30, 2013
GENERAL PROVISIONS
The parties. The parties to this contract are the Alaska Department of Public
Safety (hereinafter referred to as the "Department ") and the City of Seward (hereinafter
referred to as the "City ").
Sole Agreement. The City and the Department undertake this contract under the
terms set forth below. This contract is the sole agreement between the parties relating
to special services, and there are no other agreements, express or implied.
Effective Date/Termination /Amendments. This contract is effective July 1, 2012
and continues in force until June 30, 2013. Either party may terminate the agreement
with thirty (30) days written notice to the other party. This agreement may be amended
by written agreement of the parties.
1. The Department will pay the City for services provided in accordance with, and
under the terms of, this contract. Payments will be made quarterly in the amount
of $12,125.00, for a total of $48,500.00. Payment for services provided under
this contract will be made in four payments in the amount of and covering the
period indicated below:
Period Covered Amount Payment Process
Can Be Initiated
07/01/12 - 09/30/12 $12,125.00 10/01/12
10/01/12 - 12/31/12 $12,125.00 01/01/13
01/01/13 - 03/31/13 $12,125.00 04/01/13
04/01/13 - 06/30/13 $12,125.00 06/01/13
12 Month Total $48,500.00
2. The City will provide and perform the services specified in this contract to the
satisfaction of the Department, in support of Department personnel and
operations.
SPECIFIC PROVISIONS
3. The City will:
a. Provide full dispatch services, APSIN /NCIC services, telephone answering
and message taking services, and public reception services relative to
Department business 24 hours each day for the Department and
Page 1 of 2
ALASKA DEPARTMENT OF PUBLIC SAFETY
CONTRACT FOR SPECIAL SERVICES
July 1, 2012 to June 30, 2013
Department Personnel working in vehicle, vessel or foot, in aircraft or any
other means in the greater Seward and Lower Kenai Peninsula Region;
b. Provide full clerical services and support to Department personnel,
including access to and use of the office copying machine and fax
machine; to include typing of criminal complaints, transcription of taped
statements, typing services as needed for completion of police reports;
c. Permit continued access to and utilization of professional facilities and
equipment instrumental to the overall efficient and effective operation of
law enforcement and emergency response component, i.e.; squad room,
kitchen, weight and exercise room, interview rooms, storage rooms,
evidence processing room and equipment, a secure locked evidence room
accessible only by authorized AST personnel, Data Master, video and
training material, other general building facilities including parking for state
vehicles, ATV and snow machines.
d. Permit continued transport and security of prisoners from the Seward City
Jail to Seward Court for hearings and arraignments.
IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have
subscribed their names on behalf of the City and the Department respectively.
For the City of Seward: For the Department of Public Safety:
C'�BY � By
Prlrited Name�t),/) Printed Name
Official Titl,t... Official Title
Date cL�° i2 1 � Date
Page 2 of 2
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING GRANT FUNDS FROM ALPAR AND THE
KENAI PENINSULA BOROUGH FOR A PARKS AND RECREATION
LITTER PATROL, AND APPROPRIATING FUNDS
WHEREAS, Seward Parks and Recreation Department has been awarded a grant from
Alaskans for Litter Prevention and Recycling (ALPAR) in the amount of $2,500; and
WHEREAS, Seward Parks and Recreation Department expects to receive a grant from
the Kenai Peninsula Borough Solid Waste Division in the amount of $2,500; and
WHEREAS, litter pick up and recycling are desired activities among community
members and visitors; and
WHEREAS beautification projects are consistent with City plans; and
WHEREAS, Council action is required to accept the grant and appropriate funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
•
Section 1. The City Manager is hereby authorized to accept the grants, as follows: 1) a
grant in the amount of $2,500 from ALPAR; and 2) a grant in the amount of $2,500 from the
Kenai Peninsula Borough to the ALPAR Project account no. 215- 2157- 4680 -0900.
Section 2. Funds totaling $5,000 are hereby appropriated to the ALPAR expenditure line
items as follows:
215- 2157 -5010 Salaries $3,800.00
215- 2157 -5080 Workers' Compensation 325.00
215- 2157 -5090 Social Security 600.00
215- 2157 -5440 Operating 275.00
TOTAL 55,000.00
CD
v�:
CITY OF SEWARD, ALASKA
RESOLUTION 2012-
.
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
25 day of June, 2012.
}
THE CITY OF SEWARD, ALASKA
}
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
Council Agenda Statement "" NEI
If
Meeting Date: June 25, 2012 Pik
From: Karin Sturdy, Parks & Recreation Director *AS
Through: Jim Hunt, City Manager
Agenda Item: ALPAR Litter Patrol Grant
BACKGROUND & JUSTIFICATION
Seward Parks and Recreation has again been awarded a grant from Alaskans for Litter Prevention and
Recycling ( "ALPAR "), in the amount of $2,500. This grant will fund a youth litter patrol in Seward, and 'Q
reimburse personnel expenses from the project. Youth workers shall be paid minimum wage, $7.75 and the
adult crew leader will be paid $13.30 per hour. Applications for crew positions will remain open
throughout the summer.
We have also made our request again to the Kenai Peninsula Borough - Solid Waste Division asking a
matching $2,500 for our litter patrol program, and /or other litter control or beautification projects. Due to
the Borough's fiscal year beginning July 1, we expect to receive funding after that time as we have
consistently for many years.
Last summer, the litter patrol consisted of adult leaders and a part-time crew of up to nine youth workers.
Usually a minimum three crew members worked four hours per day, five days per week from June through
August. The litter crews cleaned the downtown area, the beach, the harbor plaza, city parks and streets,
parking lots, playgrounds and the Highway out to the Chamber of Commerce building. When time allowed,
they cleaned residential areas. Youth crew members must be ages 14 to 17, as defined in the ALPAR grant
requirements.
Council action is required to accept these grants, appropriate the funds, and to accept the litter patrol
budget. Work began June 4 and will finish as school begins in mid - August.
CONSISTENCY CHECKLIST: Yes No NA
1 Comprehensive Plan: Page 18: X
( "Work with ALPAR..." )
2 Strategic Plan: Page 2 X
( "Attractive,... Community ")
Other 1993 Parks & Rec Master Plan: X
(Not listed specifically, but consistent with goals)
ALPAR Budget:
215- 2157 -5010 Salaries $3,800.00
215- 2157 -5080 Workers' Compensation 325.00
215- 2157 -5090 Social Security 600.00
215- 2157 -5449 Operating 275.00
TOTAL $5000.00
FISCAL NOTE:
The revenue sources for litter patrol project grants fully fund the expenses; $2,500 from ALPAR plus
$2,500 from the Kenai Peninsula Borough Solid Waste Division.
Approved by Finance Department: ✓ -440..
ATTORNEY REVIEW: Yes No X
RECOMMENDATION: ``,^,
Seward City Council approve Resolution 2012 - accepting two ALPAR grants for $2,500 from
ALPAR and $2,500 from the KPB to the ALPAR Special Project Revenue.
s;?
ifs;
Et EXECUTIVE DIRECTOR
Alaskans for Litter ' Mary Fisher
.
Prevention and Recycling
EXECUTIVE
Alaska s Michael Blewett, President
41' 1 'Keeping �i la$ka Beautiful Horne Regional Supervisor, Alaska
Fred Meyer
George Lowery, t" Vice President
Alaska Director 2i',
Totem Ocean Trailer Express
April 17, 2012, Marlon Davis, 2'0 vice President
VP & General Manager, Alaska
Horizon Lines , Inc.
To: 2012 ALPAR Youth Litter Patrol Grant Recipients xelthS0pp,S
. From: Mary Fisher / 274 -3266; alpar@gci.net Media Sales Manager
. GCI
• Jeff Lowenfels, Treasurer
RE: ' • A. 2012 ALPAR grant funding (Grant Check Enclosed) Partner
B. Final•report form enClosed; due date is October 1, 2012 . Lewis &Lowenlela
Roger Briley, Past President
Happy spring and summer to you! - • BOARD O Joy Journea DIRECTORS
ay •
Executive Director y
On behalf of ALPAR's board of directors, it is our pleasure to resent MereAssocianon
•
P Michael B Beckeck
your community with this check for your 2012 ALPAR Youth Litter Patrol'. Sr. Vice President
The News Group
Ken Carter
ALPAR is a non - profit organization funded by Alaskan businesses; these funds Production Director
are not provided through government programs. This grant is our way to assist. Anchorage Daily News
Jimmy Doyle
your community with local clean up efforts. We also want to recognize our Vice President ;
Youth Litter Patrol sponsor, ConocoPhillips, Alaska who provides our safety W °a " °'B' °°1ers1n
vests and BP who rovides the free, yellow litter bags. 0 St ore Manager:
P Y b Store Manager
Walmart Stores, Inc. -
These funds. are to be used exclusively to pay youth patrollers and their Craig Gales
Senior Manager, Marketing
adult supervisors directly or have them earn the money for their group by Alaska Waste
working a prescribed number of hours.. it's a'great idea to reward your patrol • ' Don Grasse
Iden!
Vice President & General Manager
with prizes and a group celebration at. the end of the season; just remember that K &L Distributors, Inc.
all prizes and supplies'must be provided through your local community. Tom Johnston '
State of Alaska 00T & PF
Kim Koval
Included with your grant check is the YLP Final Report form d u e to ALPAR Executive Director
on October I.,Please,file promptly! Late or unfilled reports will affect your Greenslar •
community's ability o receive funds in the future. Un it tle M `
Y Unit Sales Manager
Pepsi Beverage C ompany
• If you are one the many communities who file their final report on. time, E x x ec ut ti iv de i m
ePresident
r
THANK YOU, we appreciate itvery.much! Remember to flag your calendar Odom Corp.
that this year's final report is due by October 1 . , 2012. Glenn Manager
CARRS/Safeway
Good luck with your cleans up efforts this season. i If I.can hel P Y in an wa B Polk
y � Cen trai Alass ka Manager
please phone me at (907) 644 -7968, or e -mail afarr @, ci.net. Alaska Marine Lines
' Ken Privratsky
Senior Vice President t
est Regards, - Horizon Lines, Inc. > '
'Scott Smith 1
General Manager
Anchorage Media Group
Mary Fish , Executive Director Past President
• HONORARY
LIFETIME MEMBERS
(907) 274-3266 ' Mark Williams
P.O. Box 200393 FAX (907) 274.8023 Audrey Lee
Anchorage, Alaska 99520 ,) printed on' -cud paper E -mail; alpar @gci.net ' Cherie Myers
ALASKANS for LITTER PtiEVENTION WELLS FARGO K, NA 8709
ANCHORAGE, AK 99501
and RECYCLING (ALPAR).
69-5/1252
P.O. BOX 200393
ANCHORAGE, AK 99520
(907) 274 -3266 04/17/12
PAY TO THE
City of d "2,500.00
ORDER OF Y Se
T I
Two Thousand Five Hundred and 00I 100***: • *:; ** *•* * *:rs : ..............:.........:: ** „..x.:..*.k* * . " boLLARs
City of Seward
Parks and Recreation
PO Box 167 •
Seward, AK 99664 — —
2012 Youth Litter patrol Grant
0 '00870911A '.L2 5 2000 5 71:00 2 LEA3
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING CHANGE ORDER NO.1 TO CONTRACT C -11-
076 WITH NORTHERN GEOTECHNICAL ENGINEERING, INC. FOR
SPECIAL MATERIALS TESTING, STRUCTURAL STEEL NON-
DESTRUCTIVE WELD TESTING, AND PER DIEM DURING THE
CONSTRUCTION OF THE SEWARD COMMUNITY LIBRARY/MUSEUM,
AND APPROPRIATING $11,415 tf
WHEREAS, the City of Seward is building a new library /museum; and
WHEREAS, periodic inspection of soils, concrete, and welding during the construction of
phase of the project is required by the City's Building Code; and
WHEREAS, Northern Geotechnical Engineering, Inc. was selected as the lowest of two
solicited quotes to provide these services, and;
WHEREAS, the next lowest quote was for $55,000, and;
WHEREAS, the scope of work has changed and will require additional weld observation,
inspection and on -scene presence, and;
WHEREAS, increased costs are $6,600 for structural steel inspection — welding/bolting,
$1,440 for non - destructive testing of welds, and $3,375 in per diem costs, for a total increase of
$11,415 and a total contract cost of $33,635.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that
Section 1. The City Manager is hereby authorized to approve Amendment 1 to the contract
with Northern Geotechnical Engineering, Inc. in the amount of $11,415 for required inspection
services for the Seward Museum /Library project.
Section 2. Funding in the amount of $11,415 is hereby appropriated from State grant revenue
account number 626- 6261 - 4680 -0200 to contracted services account 626 - 6261 -5390.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of
June 2012.
City Council Agenda Statement
Meeting Date: June 25, 2012 of
y
u;
Through Jim Hunt, City Manager
4 %P
From Ron Long, Assistant City Manager /Community
Development Director
Agenda Item: Change Order No.1 to Contract C -11 -076, appropriating an additional $11,415 for a
contract with Northern Geotechnical Engineering, Inc. for Special Materials testing,
Structural Steel non - destructive Weld Testing, and Per Diem during the construction
of the Seward Community Library /Museum
BACKGROUND & JUSTIFICATION:
The City of Seward requires periodic inspection of soils, concrete, and welding during the construction of
the Library /Museum. The original contract for these services was awarded to Northern Geotechnical
Engineering, Inc. pursuant to City Council Resolution 2011 -076, in an amount not exceed $22,220.
Since the award of the contract authorized in that resolution the construction details have changed;
specifically several metal joints originally designed to be bolted are now being welded for additional.
strength. The welds are required to be witnessed and then tested either ultrasonically or by magnetic
particle testing to determine weld quality and acceptance. Additionally, as part of this work will require an
on -scene presence during the process, a per diem charge is incurred.
These changes will increase the total cost for these services as follows:
• Additional 110 hours of Structural Steel Special Inspection - Welding /Bolting (IBC 2006), at
$60/hour, $6,600.00;
• 24 hours of Structural Steel Special Inspection — NDT (non - destructive testing) of Welds, (IBC
2006), at $60/hour, $1,440.00;
• 15 days Per Diem at $225 /day, $3,375.00,
for a total cost increase of $11,415.00, and a total contract cost of $33,635.00.
Rise Alaska, as the City's contract project manager, solicited quotes for this work in preparation for the
original contract and received two Northern Geotechnical Engineering, Inc. at $22,220.00 and EMC
Engineering at $52,000.00.
INTENT: To authorize the City Manager to appropriate $11,415.00 and amend contract 2011 -076 not to
exceed $33,635.00.
CONSISTENCY CHECKLIST: Yes No NA
Comprehensive Plan: Section 1.3, Page 9, Cultural Facilities X
2 Strategic Plan: Page 4 History and Sense of Community X
3 Other X
`L
FISCAL NOTE: The City of Seward has received $4,700,000 for this project from the State of Alaska,
$500,000 from the Rasmusson Foundation, $500,000 for the National Endowment for the Humanities,
$26,000 in rents from the Ray's Reusables agreement, $25,000 from the Kaanta Trust, and $500,000 from
private donations. City of Seward Council Resolution 2011 -047 approved a General Obligation bond not to
exceed $3,700,000. These sources total $9,951,000. The project budget is $9,900,000 and includes a
contingency line of $100,000. The funds for the change order this resolution would authorized would come
from the contingency line.
Approved by Finance Department: �,,(,f /.,.3 kt{,da
ATTORNEY REVIEW: Yes: No X
RECOMMENDATION:
Approve Council Resolution 2012 -
pp 0 , authorizing change Order No. l to Contract C -11 -076,
appropriating an additional $11,415 for a contract with Northern Geotechnical Engineering, Inc. for Special
Materials testing, Structural Steel non - destructive Weld Testing, and Per Diem during the construction of
the Seward Community Library /Museum.
3i
s1
**
�?a
'S' s
1
CONTRACT NO C11-076
AMENDMENT NO. 001
Agreement Between the
CITY OF SEWARD
And
NORTHERN GEOTECHNICAL ENGINEERING, INC.
SUBJECT: Amendment number 1 to the Project Agreement between the City of Seward, Alaska,
and Northern Geotechnical Engineering Inc., authorized by Resolution 2011 -076, approved by
the Seward City Council on October 10, 2011.
RELATIVE TO Special inspections services during the construction phase of the Seward
Community Library /Museum
IS AMENDED AS FOLLOWS: The purpose of this amendment is to authorize Change Order r'
No 1 to the Professional Services contract with Northern Geotechnical Engineering, Inc.,
providing special inspections necessary for compliance with City of Seward Building Codes ( ?),
and accepting the following changes:
• Additional 110 hours of Structural Steel Special Inspection - Welding /Bolting (IBC
2006), at $60/hour, $6,600.00;
• 24 hours of Structural Steel Special Inspection — NDT (non - destructive testing) of
Welds, (IBC 2006), at $60 /hour, $1,440.00
{
• 15 days Per Diem at $225 /day, $3,375.00.
Original Contract $22,220.00
Change Order No.1 • $11,415.00
Total Contract $33,635.00
All other terms and conditions of the Contract remain in effect and are unchanged.
BA
Amendment No. 1 to Agreement between the City of Seward and Northern Geotechnical Engineering, Inc.
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Agreement.
City of Seward Northern Geotechnical Engineering, Inc.
By: James Hunt By:
Title: City Manager Title:
Date: Date:
ATTEST:
Johanna Kinney, CMC
City Clerk
•
r4
Professional Services Agreement with
Northern Geotechnical Engineering Inc
for Special Inspection Services
This AGREEMENT, made and entered into this X of October , 2011 by and between
the CITY OF SEWARD, a home rule municipal corporation located within the Kenai
Peninsula Borough and organized under the laws of the State of Alaska, hereinafter
referred to as the "City" and Northern Geotechnical Engineering Inc a corporation
authorized to do business in Alaska, with offices located at 11301 Olive Lane,
Anchorage, AK 99515, hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, the City of Seward wishes to enter into a contract with an
independent contractor to provide special inspection services during the construction of
the Seward Museum /Library; and
WHEREAS, Northern Geotechnical Engineering Inc, submitted a proposal to
RISE Alaska, the City's project manager to perform these services; and RISE Alaska
recommends award for this service;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement" shall mean this Professional Services Agreement, including:
Exhibit A - Northern Geotechnical Engineering Inc proposal
1.2 "Change Order" is an addition to, or reduction of, or other revision
approved by the City in the scope, complexity, character, or duration of the
services or other provisions of this Agreement.
1.3 "City" shall all mean the City of Seward, Alaska.
1.4 "Contracting Officer" shall mean Assistant City Manager, and include any
successor or authorized representative.
1.5 "Project" shall mean special inspection services related to the construction
of the Seward Museum /Library
2.0 TERM OF AGREEMENT. This Agreement shall take effect for all inspection
Page 1 of 9
services performed from September 1, 2011 until completion of the library
project. This Agreement shall remain in full force and effect until the Project has
been completed and further, until all claims and disputes have been concluded.
The work is considered complete when the City has received and found
acceptable the finished product of all work described in 4.0 Scope of Services or
changes thereto. This Agreement may be amended only in writing and upon
compliance with all applicable statutes, ordinances, and regulations.
3.0 FEES. As outlined in Exhibit A. Not to Exceed $22,250 without a written contract
amendment and approved scope of work.
4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of
work described in the Contractor's proposal, Exhibit A, to provide special
inspection services based on approved standards. City reserves the right to
reduce or change the scope of services.
This Scope of Services can only be changed in writing pursuant to Section 26.0
of this Agreement.
5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work
described shall be in accord with the construction schedule as established by
RISE Alaska on behalf of the City.
6.0 PERSONNEL /ORGANIZATION
6.1 Key Personnel. Work and services provided by the Contractor will be
performed by as outlined in Exhibit A.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all
required professional services to complete the project and any additions or
changes thereto. The Contractor accepts the relationship of trust and confidence
established between it and the City by this Agreement. The Contractor
covenants with the City to furnish its best skill and judgment, and to further the
interest of the City at all times through efficient business administration and
management. The Contractor shall provide all services in a competent manner.
It is understood that some of the services to be rendered hereunder required
professional judgment and skill. In those cases, the Contractor agrees to adhere
to the standards of the applicable profession.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement.
Contractor's failure to meet any such deadlines or required performance may
adversely imperil other contractual obligations of the City
9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all
Page 2 of 9
-19
times comply with and observe all applicable federal, state and local laws,
ordinances, rules, regulations, and executive orders, all applicable safety orders,
all orders or decrees of administrative agencies, courts, or other legally
constituted authorities having jurisdiction or authority over the Contractor, the
City, or the service which may be in effect now or during performance of the
services. Contractor shall have a Seward and State of Alaska Business License.
10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the
City, its officers, agents and employees harmless from any claims or liability of
any nature or kind including costs and expenses (including attorneys' fees), for or
on account of any and all legal actions or claims of any character whatsoever
alleged to have resulted from injuries or damages sustained by any person or
persons or property (including contract rights or intangible assets) and arising
from, or in connection with, performance of this Agreement, and caused in whole
or in part by any negligent act or omission of the Contractor; provided, however,
that this paragraph shall not be construed so as to require indemnification of the
City from such claims, damages, losses, or expenses caused by or resulting from
the negligence of the City.
11.0 INSURANCE. The Contractor understands that no City insurance coverage,
including Workers' Compensation, are extended to the Contractor while
completing the terms of this Agreement. The Contractor shall carry adequate
(commercially reasonable coverage levels) insurance covering Workers'
Compensation to Alaska statute, general commercial liability, automobile liability,
professional liability, and property damage including a contractual liability
endorsement covering the liability created or assumed under this Agreement.
The Contractor shall not commence work under this Agreement or any work on
any phase of the Project until the Contractor provides the City with certificates of
insurance evidencing that all required insurance has been obtained. These
insurance policies and any extension or renewals thereof must contain the
following provisions or endorsements:
a. City is an additional insured thereunder as respects liability arising out
of or from the work performed by Contractor of City of Seward. The
Contractor shall procure and maintain during the life of this Agreement,
Commercial General Liability Insurance on an "occurrence basis" with
limits of liability not less than $ 2 Million per occurrence and $ 2 Million
aggregate combined single limit, personal injury, bodily injury and
property damage.
b. Contractor shall procure and maintain during the life of this Agreement
Professional Liability- Errors and Omissions Insurance on an
"occurrence basis" with limits of liability not less than $1,000,000 per
occurrence.
c. Contractor shall procure and maintain during the life of this agreement,
Page 3 of 9
Motor Vehicle Liability Insurance, including no -fault coverage with
limits of liability not less than $1,000,000 per occurrence combined
with single limit Bodily Injury and Property Damage.
d. Insurer waives all rights of subrogation against City of Seward and its
employees or elected officials.
e. The insurance coverage is primary to any comparable liability
insurance carried by the City of Seward.
f. The following shall be Additionally Insureds, The City of Seward,
including all elected and appointed officials, commissioners and
employees.
g. City will be given thirty (30) days prior notice of cancellation or material
alteration of any of the insurance policies specified in the certificate.
Upon request, Contractor shall permit the City to examine any of the insurance
policies specified herein. Any deductibles or exclusions in coverage will be
assumed by the Contractor, for account of, and at the sole risk of the Contractor.
12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation,
performance and enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services
hereunder include full compensation for all work products and other materials
produced by the Contractor and its subcontractors pertaining to this Agreement.
The originals of all material prepared or developed by the Contractor or its employees,
agents, or representatives hereunder, including documents, drawings, designs,
calculations, maps, sketches, notes, reports, data, models, computer tapes, and
samples shall become the property of the City when prepared, whether delivered or not,
and shall, together with any materials furnished the Contractor and its employees,
agents, or representatives by the City hereunder, be delivered to the City upon request
and, upon termination or completion of this Agreement. Materials previously created
and copyrighted by the Contractor included in this project will remain property of the
Contractor. Copies will be made available to the City upon request. Materials
purchased from and copyrighted by third parties are not included in this provision.
14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to
defend, indemnify, and save the City harmless from and against any and all
claims, costs, royalties, damages and expenses of any kind of nature whatsoever
(including attorneys' fees) which may arise out of or result from or be reasonably
incurred in contesting any claim that the methods, processes, or acts employed
Page 4 of 9
by the Contractor or its employees in connection with the performance of
services hereunder infringes or contributes to the infringement of any letter
patent, trademark, or copyright. In case such methods, processes, or acts are in
suit held to constitute infringement and use is enjoined, the Contractor, within
reasonable time and at its own expense, will either secure a suspension of the
injunction by procuring for the City a license or otherwise, or replace such
method, process, etc., with one of equal efficiency.
15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor-
mance by the other of any of the terms of this Agreement or to exercise any right
or remedy herein conferred shall constitute a waiver or relinquishment to any
extent of its rights to rely upon such terms or rights on any future occasion. Each
and every term, right, or remedy of this Agreement shall continue in full force and
effect.
16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and
workmanlike manner. The Contractor shall comply with all federal and state
statues, ordinances, orders, rules, and regulations pertaining to the protection of
workers and the public from injury or damage, and shall take all other reasonable
precautions to protect workers and the public from injury or damage.
17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by
either party upon ten (10) days written notice if the other party fails
substantially to perform in accordance with its terms. If the City terminates
this Agreement it will pay the Contractor a sum equal to the percentage of
work completed and accepted by the City that can be substantiated by the
Contractor and the City, offset by any amounts owed to the City.
However, within the ten (10) day Notice of Intent to terminate the party in
default shall be given an opportunity to present a plan to correct its failure.
17.2 Convenience Suspension or Termination. The City may at any time
terminate or suspend this Agreement for any reason including its own
needs or convenience. In the event of a convenience termination or
suspension for more than six (6) months, the Contractor will be
compensated for authorized services and authorized expenditures
performed to the date of receipt of written notice of termination or
suspension. No fee or other compensation for the uncompleted portion of
the services will be paid, except for already incurred indirect costs which
the Contractor can establish and which would have been compensated
but because of the termination or suspension would have to be absorbed
by the Contractor without further compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt of a Notice of Termination or suspension and
Page 5 of 9
�YJ`
except as otherwise directed by the City or its Representative, the
Contractor shall:
a. stop work performed under this Agreement on the date and to the
extent specified in the Notice; and
b. transfer title to the City (to the extent that title has not already been
transferred) and deliver in the manner, at the times, and to the extent
directed by the City's representative, work in progress, completed
work, supplies, and other material produced as a part of, or acquired in
respect of the performance of the work terminated or suspended by the
Notice.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate
against any employee or applicant for employment because of race, religion,
color, national origin, or because of age, physical handicap, sex, marital status,
change in marital status, pregnancy, or parenthood when the reasonable
demands of the position do not require distinction on the basis of age, physical
handicap, sex, marital status, changes in marital status, pregnancy, or
parenthood. The Contractor shall take affirmative action required by law to
ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, national origin, ancestry,
age, or marital status.
19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign,
subcontract or delegate this Agreement, or any part of it, or any right to any of
the money to be paid under it without written consent of the Contracting Officer.
20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent
contractor in the performance of the work under this Agreement, and shall not be
an employee or agent of the City.
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the
Contractor shall pay all federal, state and local taxes incurred by the Contractor
and shall require their payment by any other persons in the performance of this
Agreement.
22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully
govern the services performed by the Contractor. If any term, condition, or
provision of this Agreement is declared void or unenforceable, or limited in its
application or effect, such event shall not affect any other provisions hereof and
all other provisions shall remain fully enforceable.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties as to the services to be rendered by the Contractor. All previous or
concurrent agreements, representations, warranties, promises, and conditions
Page 6 of 9
7
relating to the subject matter of this Agreement are superseded by this
Agreement.
24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall
perform all work in a timely fashion, and in accordance with the schedules
included in this Agreement and Exhibits.
25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this
Agreement, if not otherwise resolved by the parties, shall be in the appropriate
Alaska State court in Anchorage, Alaska.
26.0 CHANGES IN SCOPE OF WORK.
26.1 General. No claim for additional services not specifically provided in this
Agreement will be allowed, nor may the Contractor do any work or furnish
any materials not covered by the Agreement unless the work or material is
ordered in writing by the Contracting Officer. Preparation of Change
Orders and design changes, due to errors and /or omissions by the
Contractor, will be done at the sole expense of the Contractor.
26.2 Changes in Scope of Work. The City or its representative may, at any
time, by a written Change Order delivered to the Contractor, make
changes to the scope of work, or authorize additional work outside the
scope of work.
26.3 Compensation to the Contractor. If any Change Order for which
compensation is allowed under this Article causes an increase or
decrease in the estimated cost of, or time required for, the performance of
any part of the work under this Agreement, or if such change otherwise
affects other provisions of this Agreement, an equitable adjustment will be
negotiated. Such an adjustment may be:
a. in the estimated cost or completion schedule, or both;
b. in the amount of fee to be paid; and
c. in such other provisions of the Agreement as may be affected, and the
Agreement shall be modified in writing accordingly.
26.4 Any claim by the Contractor for adjustment under this section must be
asserted within fifteen (15) days from the day of receipt by the Contractor
of the notification of change; provided, however, that the City or its
representative, deciding that the facts justify such action, may receive and
act upon any such claim asserted at any time prior to final payment under
this Agreement. Failure to agree to any adjustment shall be a dispute
within the meaning of Section 25.0 of this Agreement.
Page 7 of 9
27.0 LIMITATION OF FUNDS.
27.1 At no time will any provision of this Agreement make the City or its
representative liable for payment for performance of work under this
Agreement in excess of the amount that has been appropriated by the City
Council and obligated for expenditure for purposes of this Agreement.
27.2 Change orders issued pursuant to Section 26 of this Agreement shall not
be considered an authorization to the Contractor to exceed the amount
allotted in the absence of a statement in the change order, or other
modification increasing the amount allotted.
27.3 Nothing in this Section shall affect the right of the City under Section 17 to
terminate this Agreement.
28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of
the City or its representative before execution of this Agreement shall be deemed
to be work done after its execution and shall be subject to all the conditions
contained herein.
29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement
shall be sufficient if sent by the parties in the United States mail, postage paid, to
the address noted below:
City of Seward Northern Geotechnical Engineering,Inc
City Manager 11301 Olive Lane
PO Box 167 Anchorage, AK 99515
Seward, Alaska 99664 -0167
Page 8 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement.
City of Seward Northern Geotechnical Engineering,Inc.
By: Phillip Oates By:
Title: City Manager Title:
Date: Date:
ATTEST:
Johanna Kinney, CMC
City Clerk
(city seal)
Page 9 of 9
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
CALL TO ORDER
The June 11, 2012 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Lieutenant Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson Christy Terry
Vanta Shafer Bob Valdatta*
Ristine Casagranda
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
*Valdatta arrived at 7:08 p.m.
Absent — Marianna Keil
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCIIEDULED
FOR PUBLIC HEARING — None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda
Motion to Amend (Bardarson /Shafer) Amend the May 14, 2012 City Council
Meeting Minutes, having the Vice Mayor's
Travel Report to read as: "Jean Bardarson
stated she traveled to Seattle and
Washington, D.C. During these travels, she
was pleased to learn that TOTE had
designated Seward as their official back -up
port."
Motion to Amend Passed Unanimous Consent
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
Council pulled the Travel Report from Willard Dunham, Seward's Ambassador to the 2012 World
Expo in Yeosu, Korea. City Clerk Johanna Kinney announced this report would be scheduled at a
future meeting.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approved the May 14, 2012 and the May 29, 2012 Regular City Council Meeting Minutes.
Appointed Linda Lasota to the Historic Preservation Commission with a term to expire May,
2015.
Non -Code Ordinance 2012 -006, Submitting A Proposition To The Qualified Voters At The
October 2, 2012 Regular Municipal Election To Establish Local Forms And Guidelines For
Financial Disclosure For Elected And Appointed Officials And Exempting Elected And
Appointed Officials And Exempting Elected And Appointed Officials From The State Of -
Alaska Public Official Financial Disclosure Law (Alaska Statute 39.50). (Introduced and setfor
public hearing and enactment on June 25, 2012)
Resolution 2012 -039, Accepting The 2012 Volunteer Fire Assistance (VFA) Grant In The
Amount Of $12,066.30 And Authorizing The 10% Matching Funds Of $1,206.63 And
Appropriating Funds.
Resolution 2012 -040, Authorizing A One Year Contract For $556,000.00 With The State Of
Alaska, Department Of Corrections, To Provide For Operating The Seward Community Jail
And Housing Prisoners Charged And /Or Sentenced Under Alaska State Statutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Certificates of Congratulations were given to Meg Berry and Jed Wilde as Athletes of
the Year
Borough Assembly Report, Sue McClure stated the Assembly had two meetings since the
last time she spoke to council. Some accomplished items of business were appropriating funds to
pay for the medical costs for borough insured employees, as they were self - insured, and awarding a
contract for reroofing Seward High and Elementary Schools as well as lighting in the parking lots.
The budget passed with little controversy, which McClure thought was surprising. The mil rate
would be at the same rate of 4.50 mils. Appropriations were made for Central Peninsula Hospital for
radiation/oncology subleasing and the assembly approved an agreement to end a lawsuit over a
denied certificate of need for an ambulatory surgical center. The borough was still looking for city
residents to be on the Seward Bear Creek Flood Service Area Board. McClure reported at an
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
upcoming meeting they would be discussing whether or not to pursue making all seats on the board
at large seats, and she may be asking council for a support resolution on this in the near future.
City Manager's Report, Jim Hunt stated there had been no expenditures approved by the
City Manager for between $10,000 and $50,000 since the last council meeting. The City Clerk's
Office announced the Social Security Office Representative would be here for the last time on June
21, 2012 in the City Council Chambers. Parks and Recreation continued to facilitate the ALPAR
litter patrol program, filling summer staff positions, and running campgrounds and summer camps.
The Electric Department had received a total of 57 outages /trouble calls since January 1, 2012, and
three since the last meeting. The number of new job orders started since the beginning of the year
was 17.
The Harbor staff was still working hard trying to get the new harbor software system
operational. On June 6, 2012, a new piling was installed at the end of finger float C 13/15 to replace
one that was broken in the disastrous November 2011 wind storm. The city expected that the cost of
the repair would be covered by the Federal Emergency Management Agency (FEMA). Thanks went
to Risk Manager Sarah Spanos, and Accounting Supervisor Kim Kowalski- Rogers for helping
prepare the claim. The harbor made a ramp to launch kayaks between X and Z floats along with
signage and allowance of 30 minutes of parking. The Request for Proposals for the design
engineering to replace D -Float had been approved by the grant agency. The city had $1.18 Million
of state matching grant funds for construction already approved, so they were ready to proceed ahead
with the design. Since the design funds were federal, the city was not allowed to include cost in their
evaluation. The RFP would be advertised and the evaluation criteria were
Qualifications 50%
Organizational Structure 25%
References 10%
Clarity 15%
In the Public Works Department, the SMC Dolphin project was complete with the exception
of testing the dry fire line. The punch list inspection would be performed June 10, 2012 by PND
Engineers and city staff Quotes were solicited for double walled fuel tank replacement at
water/wastewater facilities. The draft of the Dairy Hill Drainage Improvements RFP was finished
for engineer and design permit support and construction support. The RFP was advertised June 6,
2012 and the scoring criteria for that RFP were
Cost = 30 Points
Statement of Qualifications = 40 Points
Organizational Structure = 15 Points
References = 10 Points
Clarity of Proposal = 5 Points
Hunt announced he, Vice Mayor Bardarson, and Assistant City Manager Long would be
traveling to Anchorage on Wednesday to meet with Coastal Villages Representatives and hopefully
someone from the Governor's Office.
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
In response to council, Assistant City Manager Long stated the designs for the ties ups at
the Seward Marine Center dolphins were built to the design as specified by the university. Long said
even though the city funded it, it was pass - through money and not city money. Long would follow
up on the end date of the construction of the Coast Guard building. In response to Casagranda, Hunt
stated it was the responsibility of the property owner to sweep their sidewalks. Bardarson asked for a
follow up on the state funding for street repair. Hunt at this point knew that the money was returned
and DOT had the funds. The city could take the money but would be responsible for all the
administrative ground work. If the city erred in any way, the possibility of funds received could go
away and Hunt recommended not taking that risk. They were currently in the process of addressing
these concerns with the state and adding sidewalks to this project would delay it another year Hunt
also noted he wanted to address problems with ADA accessibility to City Hall.
Mayoral Report, David Seaward stated the June 1, 2012 centennial incorporation gathering
at the library basement went well He received a letter from the Governor congratulating Seward on
their centennial and read it to the audience.
Other Reports, Announcements and Presentations
A Cook Inlet Aquaculture Association Report was given by Tim McDonald.
By Unanimous Consent, the rules were suspended to present Jed Wilde his certificate of
congratulations on being awarded Seward Athlete of the Year
Hawkins & Hawkins (architects) gave a presentation on the proposed Mount Alice
Harbor.
The State Department of Transportation gave a report on winter road conditions and
planned move.
Mikunda Cottrell & Co. gave a presentation on audit results for the year ended
December 31, 2011.
PUBLIC HEARINGS
Resolution 2012 -038, Authorizing The City Manager To Enter Into An Extension Of The
Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As Lots 1-
A And 3, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center,
Seward Ship's Drydock Replat, According To Plat 2002 -22, Seward Recording District, Third
Judicial District, State Of Alaska. Notice of the public hearing being posted and published as
required by law was noted and the public hearing was opened. No one appeared to address the
Council and the public hearing was closed.
Deputy Harbormaster Norman Regis said they were ready to go and would answer any
questions. Hunt said this was in accordance with the ongoing lease for investments into this facility.
This was to extend the lease period and administration recommended approval.
V
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
Councilmember Shafer asked for a ruling on a possible conflict of interest as she took payment
for advertisement of the facility in the newspaper she owned and operated. Seaward did not
consider the conflict significant enough and ruled no conflict existed. No objection to this
ruling was made by council.
Motion (Bardarson /Shafer) Approve Resolution 2012 -038
Casagranda wanted clarification on this lease extension in regards for the upgrades. Regis
said Seward Ship's Drydock paid each year and if they did upgrades it went towards that amount.
Every five years the lease came up for review and renewal.
The rules were suspended by unanimous consent to allow owner /operator Jim Pruitt to speak.
Pruitt said they paid fair market value lease payments each year These dollars were not going
towards any lease credits. It could be confused with the provision of the past lease with a list of
deferred maintenance and for doing so would obtain lease credits. They did that for two five year
periods and there were no more lease credits to obtain. This resolution was going to extend the lease
to 2040. Every five years the property was appraised. In response to Casagranda, Pruitt confirmed
they were paying fair market on the land. The city had provided the equipment and Seward Ship's
Drydock was operating and maintaining it They still had to keep maintenance on it and get it
appraised each year by Lloyd's of London. In response to Seaward on the environmental compliance
matters, Pruitt stated DEC was reactive and they had calls -ins for some time with environmental
groups. They have not had any notification from DEC in over two years, however. Seaward asked if p'
there was an independent audit on the business. Hunt said the city was not responsible to do any
audits on a private business.' Seaward expressed his desire to have all seven council members to be
here to vote on this issue.
Motion (Seaward /Casagranda) Postpone Resolution 2012 -038 to the July 9,
2012 meeting.
Terry spoke against this postponement as PACAB had stamped their approval on this issue.
Valdatta wanted to know if anything was at stake if this was delayed, Regis did not know of anything
pressing. Seaward said this lease was good until 2016, so he didn't think delaying it for a month
would matter.
Shafer was against postponing this as well She felt they were ready to vote on it and had the
documentation to show this was ready for extension approval. Seaward thanked Pruitt for his work
and for creating over 50 jobs, but he would like to have the full council present to make this decision. #:
Terry said at the upcoming meeting with Coastal Villages it would look stronger to show this long
term lease was in place, showing they were a stable community. They had a quorum to vote tonight.
Bardarson agreed they should be presenting a stable community moving forward and was also ready
to vote on this issue.
Casagranda stated she would like the attorney to be present as well Terry said if the
community had concerns, they would be here tonight. There was no community concern voiced
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
when this went to PACAB either. They should give this business every opportunity to be successful.
Seaward again reiterated postponing this resolution for a few weeks shouldn't cause any problems.
He would rather err on the side of caution. Bardarson clarified this was the ground lease not the
maintenance and operating agreement.
Motion to Postpone Failed Yes: Casagranda, Seaward
No: Valdatta, Shafer, Terry, Bardarson
In response to Casagranda, Long stated there was a difference of opinion between repairs and
maintenance, and improvements. The past arbitration ruled for improvements. The fact that he
didn't submit the plan didn't take away from the value that they were completed. What this
resolution asked for was to recognize two of the four notices were done. Regis said Pruitt complied
with everything requested by DEC. Pruitt said again DEC was reactive and he felt they corrected the
problems with dust compliance. They had clauses and insurance requirements set by the city in their
lease that covered the city in every possible way.
Terry supported this resolution and reiterated PACAB also supported this Renewing this
lease took the judgment of the improvements out of the city's hands because the arbitration
concluded they had done the improvements. This was important for businesses. Casagranda said
she wished she had more information such as the current lease and she felt this was a serious case.
She wanted the attorney to be present. Pruitt said council had passed the lease at a previous meeting.
This was confirming receipt of capital improvements that qualified for this extension to 2040. Pruitt
said now the improvements were done and this resolution approved an extension.
Yes: Valdatta, Casagranda, Terry,
Motion Passed g � �'�
Bardarson, Shafer
No Seaward
UNFINISHED BUSINESS
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 x,
Appropriating Funds (Postponed From The May 14, 2012 City Council Meeting. Original Motion :
Bardarson/Shafer)
Motion (Bardarson /Shafer) Approve Resolution 2012 -028
(made at the May 14, 2012 meeting)
Casagranda asked where the first portion of funds for this project came from Electric
Utility Manager John Foutz the first $2 million came from the state directly. Shafer asked if they
would see the design of the warehouse before construction began. Foutz said he planned to bring it
forward, and Hunt confirmed it would come to council for review.
cAD,
City of Seward, Alaska City Council Minutes
June II, 2012 Volume 38, Page
Motion to Amend (Terry /Casagranda) Amend Resolution 2012 -028 by adding a
new third whereas, "Council intends the
warehouse proposed in the project be
designed as storage, dry room, and limited
to union offices."
Terry wanted to make it clear that this area was not for administrative offices but for some
minimal clerical work to be done. Council has made it clear they want the location of the Electric
Department to be centrally located for public convenience, and this would not be convenient if the
department was located out there.
Councilmember Terry offered an amendment to her amendment and was seconded by
Casagranda, but this motion was withdrawn and the main amendment was revised as stated.
Motion to Amend Passed Yes: Bardarson, Terry, Shafer, Casagranda
No: Valdatta, Seaward
Main Motion Passed As Amended Unanimous
INFORMATIONAL ITEMS AND REPORTS (No action required) — None
j9
Letter of Congratulations for the City of Seward 's Centennial Anniversary from Governor Parnell.
COUNCIL COMMENTS
Bardarson thanked Obihiro and Kushiro for their trophies and Linda Lasota for re- applying
to the Historic Preservation Commission. She reminded the public the community needed people to
apply for the Seward Bear Creek Flood Service Area Board and the Planning and Zoning
Commission. She thanked John Bost for the audit results and his presentation tonight. Bardarson
also thanked the Incorporation Centennial Committee for their work.
Shafer congratulated Meg Berry and Jed Wilde for their accomplishments. She noted that
Pruitt was working with a glass recycling facility by using glass beads, but because the pressure was
so great to reduce the sand in the blasting, he no longer used this method and ultimately Alaska's
only glass recycling facility went out of business. She hoped council would have more forward
thinking on these kinds of things.
Valdatta said he was driving downtown and the climate had changed to show a big growth
period of vegetation. They needed to clean that up before it became problematic
Terry was glad to see DOT tonight. Citizens should hold them accountable for their
promises. She encouraged citizens to check out Exit Glacier and promote our community.
Hunt said he found online sites such as Yahoo! a video story in Portland, Oregon on pieces
of dock from Japan coming on the shoreline with invasive species on it The story noted Seward was
CA 3
City of Seward, Alaska City Council Minutes
June 11, 2012 Volume 38, Page
receiving "tons and tons of debris," so Hunt wrote the editor of the station to clarify Seward was fine
and the bay was pristine. The story was removed.
Long asked council to have a kind word for the Finance Department and all their work done
for this work session tonight in lieu of major obstacles and duress. They were very hard workers and
loyal.
Seaward thanked Martha Fleming, the public and Pruitt for his work in Seward. His
disagreement was with environmental compliance and he hoped to meet with him and clarify some
issues. Seaward thanked Pruitt for his investment in the community.
CITIZENS' COMMENTS
Pruitt extended an invitation for council to come over and take a look at the facility. The
invitation was always on the floor. Also, they had a company picnic coming up in June and they
were welcome to attend. This was a slow period right now in the shipyard. They had a barge in their
yard currently having extensive repair work done. A Greenpeace vessel was coming in as well He
thanked the council for their confidence and vote.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
Johanna Kinney, CMC David Seaward
City Clerk Mayor
(City Seal)
i'.
9L
RECEIVED
JUN 7 2012
CITY OF SEWARD, ALASKA Orr OF TFiE
APPLICATION FOR THE 7
C6TY CLs�RK
SEWARD PLANNING AND ZONING COMMISSION
NAME: i $Ve( C Pcw& � w'e
STREET ADDRESS: p�r (\Q(k ✓\ k Afk•
MAILING ADDRESS: ib ( aLt S , Sf wa 1 19'66
HOME TELEPHONE: ('1O ) (b0), - 1S54 BUSINESS PHONE: ccXtriP
E -MAIL ADDRESS: cc it ^e you; arAFAX:
HOW LONG IN THE CITY LIMIT OF SEWARD: l Yv c' "
PRESENLY EMPLOYED AS: G-35 Prot wtwei /6A01
List any special training, education or background you have which may help you as a
member of the Commission. g,5. r . Fa rih SG evi c Geo, ►if h y ,
Course wort e l ownrt -,
Have you ever developed real property, other than your own personal residence? If so,
briefly describe the development: NU-
I am specifically interested in serving on the Planning and Zoning Commission because:
k Paid -ke � �e „vac a. rt ee Q ,. 8 i... a h � ‘{ -v do,
c, C &# - r4ere i re ( as well,
Have you ever served on a similar commission elsewhere? Yes
If so, where? And when? /
Are you available for meetings Tuesday evenings? t .Q 5
If appointed, are you willing to travel: Often lOccasionally Rarely Never
' G r e, SP/fra,
Signature Date
RECEIVED
JUN132012
OFFICE OF THE
CITY OF SEWARD, ALASKA CITY CL".RK
APPLICATION FOR THE
SEWARD PLANNING AND ZONING COMMISSION
NAME: kt 4'>2- f1_,A F t/GWI I
STREET ADDRESS: 21 M pv1, 4tev byA,t—t S eAN d
MAILING ADDRESS: 1 0 3j MC `I Sx.A.A) Cpl cl
HOME TELEPHONE:CI0) 22'1 3'(o U BUSINESS PHONE: 2 - 2 -Li 9 7 v
E -MAIL ADDRESS: {nnf(S) v,-„ `Q FAX: 3 p (
Vebso . cfr�j
HOW LONG IN THE CITY LIMITS OF SEWARD:
PRESENLY EMPLOYED AS: C d 4 L o m vl ' 1.. y, Ck,vi
List any special training, education or background you have which may help you as a
member of the Commission.
Have you ever developed real property, other than your own personal residence? If so,
briefly describe the development: p1
I am specifically interested in serving on the Planning and Zoning Commission because:
Chi ¥fl w�l'1 n L- OA 6 e pu. vr, `e04/I d
Have you ever served on a similar commission elsewhere? Yes .
If so, where? And when?
Are you available for meetings Tuesday evenings? ye S
If appointed, are you willing to travel: Often ✓ Occasionally Rarely Never
A A A CIVV k-IAAMJ2.. ZO I 2_
Signature Date
9
APoc
1
4
s oF se►y
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leics P
AGENDA STATEMENT
Meeting Date: June 25, 2012
From Johanna Kinney, City Clerk
Agenda Item: Non - objection to the Liquor License transfer of ownership from
Chinook's Waterfront to Aqua Pesca, LLC #4617 and approval of the
Restaurant Designation Permit for Chinook's Waterfront
BACKGROUND & JUSTIFICATION:
The City Council has an opportunity to object to the request to transfer ownership from
Chinook's Waterfront to Aqua Pesca, LLC #4617 and approve the Restaurant Designation
Permit for Chinook's Waterfront.
The City of Seward Police Department, Fire Department, Utilities Department and the Kenai
Peninsula Borough Finance Department have no objections to the liquor license transfer and
approval of the restaurant designation permit for this business.
FISCAL NOTE:
In the event the City of Seward chooses to file a protest for the above liquor license, then under
Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its
protest.
RECOMMENDATION:
Non - objection to the Beverage Dispensary Liquor License transfer of ownership from Chinook's
Waterfront to Aqua Pesca, LLC #4617 and approval of the Restaurant Designation Permit for
Chinook's Waterfront.
la
s � •
r of sett,
MEMORANDUM
Date: June 6, 2012
To: Michelle Endresen Finance /Leases
Kari Atwood Finance/Public Utilities
Chief Tom Clemons Police Department
Chief David Squires Fire Department
From Brenda Ballou, Deputy City Clerk yr
RE: Verifying Compliance For The Transfer of Ownership for the Beverage
Dispensary License #4617 from Chinooks Waterfront to Aqua Pesca, LLC
The following business has applied for a Transfer of Ownership under Beverage Dispensary
License #4617 from Chinooks Waterfront to Aqua Pesca, LLC. Please review for compliance
with all utilities, lease payments and assessments. Thank you
Name of Current Business: Chinooks Waterfront
Name of Applicant: Aqua Pesca, LLC
Type of Application: Transfer of Ownership
Type of License: Beverage Dispensary
License Number: 4617
Department Status Initials
I �.�.
Finance /Leases ►� P
Finance/Utilities
Police Chief (J K, e�� —
Fire Chief '
-4,, Sr-7w. KENAI PENINSULA BOROUGH
144 North Bnkey Street •6oldotna Alaska 99669-7520
---\ .. L PHONE (907) 714-2160 • FAX (907) 714-2388
Toil-free within the Borough 1-800'478'4441 Ext 2160
Email asoomb|yc|erk@boroughkenaiak us
,— «4-�
�� JOHN18LANKENSHIP
BOROUGH CLERK
June 13, 2012
Christine Lambert
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 East Tudor Road
Anchorage, Alaska 99507
RE: Transfer Application for Change in Ownership
Licensee/Applicant . Aqua Pesca, LLC
Business Name • Chinooks Waterfront
License Type • Beverage Dispensary
NevvLicenseLocation : 14O44 m Avenue, Seward
License No. • 4617
Previous Owner • Gene Minden
Dear Ms. Lambert,
The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no
objection, based on unpaid or delinquent taxes, to the transfer of ownership as referenced
above.
Should you have any questions, please don't hesitate to let us know.
Sincerely, ' '
Johni Blankenship, MMC '
Borough Clerk
]R/k|r
cc: Applicant
City of Seward
KPB Finance Department
File
C�(�
\
`
State of Alaska
Alcoholic Beverage Control Board
Date of Notice: June 6, 2012
Application Type: NEW x TRANSFER
x Ownership
Location
Name Change
Governing Body: City of Seward
Community Councils: None
License #: 4617
License Type: Beverage Dispensary
D.B.A.: Chinooks Waterfront
Licensee /Applicant: Aqua Pesca, LLC
Physical Location: 1404 4 Ave. Seward, AK 99664
Mail Address: PO Box 2327 Seward, AK 99664
Telephone #: 907- 907 -224 -2207
EIN: 45- 2954349
Corp/LLC Agent: Address Phone Date and State of Good
Incorporation standing?
Aqua Pesca, LLC PO Box 2327 907 - 907 -224- 8/5/2011 Yes
Seward, AK 99664 2207 Alaska
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 ( %)
Daniel D Butts PO Box 2327 907 -362 -1630 60% /Owner
Seward, AK 99664
Katherine Lemaster : PO Box 2327 907- 491 -0161 40% /Owner
Seward, AK 99664
If transfer application, current license information:
License #: 4617
Current D.B.A.: Chinooks Waterfront
Current Licensee: Gene Minden
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 04.11.480 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 04.11.420(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 1
ordinance has been approved. Under AS 04.11.420(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 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning
regulation or ordinance under AS 04.11.420(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 rotest the application referenced P PP a erenced 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 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e),
and 15 AAC 104.660(e) must be approvAllipiir governing body.
Sincerely,
SHIRLEY A. GIFFORD
Director
Sincerely,
Maxine Andrews
Business Registration Examiner
\D\
STATE OF ALASKA
ALCOHOLIC BEVERAGE CONTROL BOARD
a __ APPLICATION FOR RESTAURANT DESIGN 04.16.049 & 13 AAC 104.715 -794
FEE
APPLICATION .._ v.. __....._.. DESIGNATION PERMIT :AS AS 16.04
:..,... : �,.., S5U.00 .____.. - m._.�..._..�
The granting of this permit allows access of persons under 2I 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 q'!
2 `.:... Persons age 16 to 20 may dine unaccompanied
3 Persons under 16 may dine accompanied by a person 21 years or older
4 Persons between 16 and 17 years may be employed. *(See note below).
LICENSEE:
DB /A:
ADDRESS: f : C� . •23.2x. / t* r'y- Y
•n 1. Hours of Operation: //op to //p O Telephone #1 767-- g2 r/ Z2 Q 7
2. Have police ever been called to your premises by you or anyone else for any reason: [ ] Yes .XC] No
If yes, date(s) and explanation(s).
3 * Duties of employment. eS 4 it' xV
�#' �. pussinq tables, hostessing and dishwashing
4 Are video games available to the public on your premises?
5. Do you provide entertainment: [ ] Yes No No If yes, describe.
6. How is food served? ,x Table Service Buffet Service Counter Service Other*
7. Is the owner, manager, or assistant manager always present during business hours? 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.
Ap. cant signature Gr''` *.. Local Governing Body Approval
.`r
it/
1 sworn to before me t iss -1Z NOTARY ;
/ f day of ,1 ' 2"-`V* l{,; ' * » * 4
Date
�Ilr+ D
Notary Public in and for Alaska (t11 s`
My Commission expires L e. .O /$-- Director, ABC Board
Date:
** If more space is required, to explain food service, entertaiment, etc., please add on back or attach additional page(s)
ABC Board
5848 E Tudor Rd Phi (907)269 -0350
Update. 11/18/1 Anchorage AK 99507 FX: (907)272 -9412
1�
STATE OF ALASKA
ALCOHOL BEVERAGE CONTROL BOARD
Licensed Premises Diagram
INSTRUCTIONS: Draws detailed floor pith of your present or
Shaw all entrances and exiffi and all t licensed planner on the graph blow;
fractures such as tables, booths, games, counters, bars, coolers, stages, etc.
DBA:
PREMISES LOCATION: / '/ ti
Indicate scale by x after appropriate statement or show Length and width of premises. 1
SQ. 4 FT.
SCALE A: 1 SQ. =1 FT.
SCALE 13:
Length and width of m:wiaes in feet: / ► 7 • , f
Outline the area to be for sale, service, A ' of alcoholic j` es in ate'
DO NOT USE BLUE INK OR PENCIL ON THIS DIAGRAM, olic bevraage tad.
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1 b3
STATE OF ALASKA
ALCOHOL. BEVERAGE CONTROL BOARD
Licensed Premises Diagram
INSTRUCTIONS: Draw a derailed floor plan Opal: present or proposed licensed premises show all entrances and exits, and all fixtures such as tab on the gaps a
tables, booths, games, counters, bars, coolers, stage, etc.
DBA: , o e r r o N
_
PREMISES LOCATION: _ 90 y TaSr 144-9.
Indicate scale by x after appropriate statement or show length and width of premises. 1 4 FT.
.�. SQ•
SCALE A: 1 SQ. =1 FT. SCALE 8:
Length and width of premises m 5-4,'
y
feet " 4 , / tuck )C 5 7 f
Outlive the area to be ! $ �` 1 pre
fur' fie > a and consumption of alcoholic beverages in red.
PU ti0T USE HLUE D OC OR PENCIL ON THIS DIAGRAM.
i- 11111111111M1m10 111111111111111M1111111111111111111111=m111111111111111111111111111111111011
i et111�
l J♦uesslima nom aim 11 ®ini �(ll� ®1 � 1 +e r..A.re.Mw.� ...» All tl♦�e>�tttt �tt� 1 �M► ' l ia�[ - 7! mi
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11.111111.11111111111011111=m11111 MISS - Illsmsamismorammmilmmy its 11111111111111111111 1 11 1 11 11111INIMBersaislitallIllimummameammanurs — _ _ iitR
or mm— ttet-- till —tt --- -tom- - nu 1 an
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�i _ _ MINN 11ii��i ��111
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atilt ® —� ....,� .a � ..,. ., �.. � . P» .�. �..»�. mamma 411111111 011111111111 soul arc an
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*A
Starters
Buttermilk flied Calamari Strips- Grilled lime and Bacon Tartar
Rockfish Ceviche Tostada- Black Bean Puree, Shredded Cabbage, Avocado Cream t2
Smoky Sweet Chicken Fingers — tossed in a chipotle sauce with Gorgonzola Dressing, !l
Pickled Jicama and Carrots 12
Poblano and Goat Cheese Gratin- with Fresh flour tortilla chips
11
Soup /Salad
Southwest Caesar - with Roasted Poblano Dressing, Spiced Pepitas, Queso Fresco
and pickled red onions
Add house- smoked salmon or grilled chicken 6 sml/ 1t Irg
House Salad- with Choice of Dressing 4
King Crab Salad- Papaya, Apple, Napa Cabbage and peanuts in a sweet and tart Thai 6
dressing 17
Grilled Beef Chop Salad- Marinated Flank Steak, Arugula, Fingerling Potatoes,
Grape Tomatoes, Fried Onions and Gorgonzola Dressing 15
AK Razor Clam Chowder- Fingerling Potatoes, Pancetta and
AK root vegetables in cream
6 cup/ 10 bowl
Soup of the Day
s cup/ 9 bowl
Dressings: Gorgonzola, Ranch, Southwest Caesar, Lime - cilantro vinaigrette
Sandwiches and Such
Your choice of French fries or side salad, Sweet potato Fries — add $2
Chinook's Burger House Ground Beef with Mushroom Dust, Caramelized
Onions, Bacon, Parmesan Crisp and Sesame Spiked Ketchup 16
Green Chile Burger- Roasted Green Chile, Pepper jack, Tomato, pickled
red onions and Cilantro Mayo 1$
Grilled Chicken Sandwich Roasted Garlic Aioli, Pancetta, Arugula and Tomato 12
Halibut BLT Onion Jam, Tomato, Crisp Bacon and House Tartar 17
Ultimate Grilled Cheese Four Cheeses (Chevre, Cheddar, Pepper )ack, Cream
Cheese) with cilantro and tomatoes on Sourdough 12
Add Bacon 2
Pork Carnitas Telta Shredded Pork, Black Bean Spread and Lime Cilantro Slaw 13
Rockfish and Chips Ale and Herb - Battered Rockfish with Malt Vinegar Tartar 15
Substitute Halibut - add 9
Roasted Vegetable Linguine Tossed in Pink Sauce with oven
roasted vegetables and Fresh Herbs 16
Full Plates
Grilled New York steak with Coffee Crust, Ancho Steak Sauce,
Buttermilk Whipped Potatoes and Grilled vegetables 28
Steamed Xing Crab One Pound with Scallion Rice and Seasonal Vegetables 40
Southwest Bouillabaise — Fresh Alaskan Seafood Simmered in a Citrus/Tomato
Broth with Fingerling Potatoes and Rouille Verde �4
Grilled Salmon — AK Fingerling Potato and Vegetable Hash, Smoked Tomato Puree 25
Parr Roasted Halibut with Chimichurri, Scallion Brown rice and Grilled Vegetables 30
* * Eating Undercooked Meats May Pose a Health Risk **
Chinooks Bar - PO Box 2327 - Seward, AK 99664
Phone: 907.224.2207
www.chinooksbar.com
info @chinooksbar.com
v .
State of Alaska
Department of Public Safety
kit 30
Alcoholic Beverage Control Board
- . W' Sean Parnell, Governor
Joseph A. Masters, Commissioner
June 6, 2012
City of Seward
Attn: Johanna Kenney and Brenda Ballou
VIA EMAIL: jkinney�cityofseward.net; bballou@citvofseward.net
Chinooks Waterfront — License #4617
❑ New Application RI 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 04.11.520. Additional information concerning
filing a "protest" by a local governing body under AS 04.11.480 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 04.11.480 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 04.11.420(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 04.11.420(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 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required
by zoning regulation or ordinance under AS 04.11.420(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
l��
•
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 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e),
and 13 AAC 104.660(e) must be approved by the governing body.
Sincerely,
SHIRLEY A. GIFFORD
Director
Maxine Andrews
Business Registration Examiner
Alcoholic Beverage Control Board
5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412
\ O
• Main Office (907) 224 -4050
CITY OF SEWARD °, S E - 11, • Police (907) 224 3338
�� • Harbor (907) 224 -3138
P.O. BOX 167 • Fire (907) 224 -3445
SEWARD, ALASKA 99664 -0167
14.ASK P • City Clerk (907) 224-4046
• Engineering (907) 224 -4049
• Utilities (907) 224 -4050
• Fax (907) 224 -4038
June 26, 2012
Alaska Sea Party: Restoring Coastal Management
Bruce Botelho, Chair DRAFT
217 2 Street, Suite 200
Juneau, Alaska 99801
RE: City of Seward support for the Alaska Coastal Management Program Initiative
Dear Chair Botelho,
The City of Seward City Council would like to respectfully provide support for this ballot
initiative. The City of Seward understands the importance of the coastal area to all
Alaskans and recognizes the Alaska Coastal Management Program would give the state
and local communities a powerful voice in federal decisions that affect Alaskans in the
development of our coastal lands and waters.
The program would unify project decision - making among federal, state, and local
governments through a coordinated review process. The City of Seward appreciates
these efforts in bringing a local voice in managing coastal zones within Seward's
jurisdiction.
Please accept this letter as a means of support for this ballot initiative.
Respectfully,
Mayor David Seaward
City of Seward, Alaska
June 2012 June 2012 July 2012
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Nanci Richey 1 6/21/2012 11:57 AM
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Nanci Richey 1 6/21/2012 11:57 AM