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HomeMy WebLinkAbout06102013 City Council Packet i Seward Ci ty Council Agenda Packet S � h 06105/2013 13 59 Summer in Seward June 10 2013 Ci Council Chambers Be innin at 7 :00 .m. 1963 1965 2005 The City of Seward, Alaska trend CITY COUNCIL MEETING AGENDA � `. '' {Please silence all cellular phones and pagers during the meeting} law June 10, 2013 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be given the first opportunity to speak. Time is Vice Mayor limited to 3 minutes per speaker and 36 minutes total time for this Term Expires 2014 agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2013 unless a council 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 Council Member 1. In Memoriam Certificate for George Gerald "Jerry" Term Expires 2013 Tuthill Pg. 3 Marianna Keil B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2014 D. Mayor's Report E. Other Reports and Presentations Ristine Casagranda Council Member Term Expires 2014 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda June 10, 2013 Page 1 7. PUBLIC HEARINGS - None 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions *1. Resolution 2013 -041, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2013 Fourth Of July Celebration Pg. 4 *2. Resolution 2013 -042, Supporting The Development Of A Multi -Modal Trail In Proximity To Herman Leirer Road .Pg. 12 *3. Resolution 2013 -043, Authorizing $35,088.80 From The Harbor Reserve Account To The Harbor Travelift Infrastructure Account To Pave The Road And Turnaround Area For The 50 Ton Travelift And Appropriating Funds Pg. 21 *4. Resolution 2013 -044, Appointing Jean Lewis As Temporary Deputy City Clerk Pg. 29 *5. Resolution 2013 -045, Declaring That The City Of Seward Is Officially A Purple Heart City Pg. 33 6. Resolution 2013 -046, Submitting An Advisory Ballot Proposition To The Qualified Voters At The October 1, 2013 Regular Municipal Election Regarding Whether The Mill Rate Should Be Increased By .77 Mills In Property Taxes To Generate A Revenue Source For Repayment Of The $3.48 Million General Obligation Bond For The Construction Of The Seward Community Library Museum .Pg. 36 B. Other New Business Items *1. Approval of the May 28, 2013 City Council Regular and Special Meeting Minutes Pg. 39 *2. Non - objection to the liquor license applications for Eagle River Brewing Company and Woody's Thai Kitchen Pg. 54 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. May 30, 2013 Letter From Obihiro, Accepting Seward's Invitation To Attend The 110 Anniversary Of Founder's Day.. . .Pg. 77 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda June 10, 2013 Page 2 In Memoriam George Jerry „ Tuthill • March 31 1936 ^� June 3 2013 The Seward City Council is gathered together in memoriam to honor > > Retired Seward Volunteer Fire Department Engineer, George "Jerry” Tuthill. < *' Jerry joined the Seward Volunteer Fire Department in 1987, and 33 .' 41111 441 4 , remained a part of the Department until his recent death, for a total of 26 years of service. He was also an early member of Seward Volunteer Ambulance Corps and belonged to the Bear Creek Y " 1 Volunteer Fire Department in his past. Jerry served in the United • States Marine Corps during the Korean War period, having joined at , . - the tender age of 16. Y , ,� �: Jerry grew up in Territorial Alaska and never lost his enthusiasm for n hunting and trapping. He loved his home in Seward and had a great = passion for life. He will be sorely missed and always remembered. r Jerry was preceded in death by April, his loving wife of 45 years. , On behalf of the Seward City Council, we hereby present this Special 4 Recognition in Memoriam to the family of George "Jerry" Tuthill r/ v ' ` and extend our sincere condolences. ' . .,- :* 1 • i t, ., - . ...,; ,.„ ' , ' , Dated this 10th day of June, 2013 i Jean Bardarson, Vice Mayor Bob Valdatta, City Council a Marianna Keil, City Council Vanta Shafer, City Council Rissie Casagranda, City Council Christy Terry, City Council David Seaward, Mayor te' �,k* ,;. �2�",�.,5 ..«, - .>, w. ^z..o m s, n�!»: ,:.�- ,- +�'+e'R: H _. �z��,. p..x .. ...A+*v.�x -. z.xn,;- u s x. -. i.':c �•.�..�' v,. :<att$ . �.- .,,,, -- ,.,.,'mod Faw.:��;' > ._ Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISCHARGE OF FIREWORKS BY THE CHAMBER OF COMMERCE DURING THE 2013 FOURTH OF JULY CELEBRATION WHEREAS, Seward City Code §10.10.040 prohibits the discharge of fireworks in Seward unless specifically approved by the City Council; and WHEREAS, the Chamber of Commerce will be again sponsoring a fireworks display on Wednesday, July 3, 2013 at 11:59 p.m., with an alternate date of Saturday, July 6, 2013 at 11:59 p.m.; and WHEREAS, the site for the discharge of the fireworks has been identified as the uplands area south of the harbor and has been approved by the Fire Chief as required in City Code; and WHEREAS, the city has traditionally allowed the Chamber of Commerce to provide a fireworks display within the city in conjunction with its Fourth of July celebration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. As a part of its Fourth of July celebration, the Seward Chamber of Commerce is authorized to discharge fireworks within the city at a time and place that has received the prior approval of the city's Fire Chief. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of June, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2013 -041 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement e. OF ge Meeting Date: June 10, 2013 0 To: City Council 4t s0"P From: Fire Chief Eddie Athey Agenda Item: 2013 Fireworks permit BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce has requested permission from City Council to hold a fireworks display on Wednesday July 3, 2013 at 11:59 P.M. continuing into July 4 The display will last 15 — 20 minutes. The location of the display will be at the same location as past years, the south breakwater area behind Harbor View condominiums. Seward City Code 10.10. 040 (a) prohibits the discharge of fireworks in Seward unless specially approved by the City Council. The City has traditionally allowed the Chamber of Commerce to provide an annual fireworks display within the City in conjunction with its Fourth of July celebration. The fireworks display will be presented by Lantis Fireworks & Lasers. The Fire Department has inspected the site for the display and has approved the location. We have also requested the Chamber pick an alternate day for the display in case of bad weather. The Chamber has picked July 6 at 11:59 P.M. as the alternate date & time. INTENT: To approve the Seward Chamber of Commerce request for permission to conduct a fireworks display in conjunction with the Fourth of July celebration. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x 3. Other (list): SCC Section 10.10.040 (a) X FISCAL NOTE: There is no significant impact to the 2013 budg-t Approved by Finance Department; _,> I °;j4 ATTORNEY REVIEW: Yes No x RECOMMENDATION: City Council approved Resolution 2013- 0 1 , authorizing the discharge of fireworks by the Chamber of Commerce during the 2013 Fourth of July celebration. b Lantis Fireworks & Lasers Seward Alaska 07/04/2013 5 inch shells will be the largest shell in this display with a fallout zone of 350ft. Post Display Plan for Unexploded Shells /Fireworks 1. Immediately after shoot, disable all electric firing switches and disconnect all electric cables. Keep all unauthorized personal out of the display and fallout areas until area has been inspected for unexploded shells or other hazards. 2. After the shoot conduct search of the fallout areas for unexploded shells. After 15 minutes conduct search of the display launch site for unexploded shells. 3. Ensure that all unused live product and duds are accounted for, properly handled, repackaged and secured according to Federal, State and local regulations. 4. Conduct a second site clean up and a search of the display and fallout areas for unexploded shells at first light. 1 . -....-„. . . .... il , -:,'- ,.. $ $ ..,.. - . Seward Alaska 4th of Jiuly 201e3 ",, - : .,. . . , - i ...: .,.. ' • - ...... I — , . , if il4. ........ -....„,....-..... .... . . . .. . Scec!ato- A . • 1 . . Road Cosec.: . :A d Road Clasen . . . ._ . 0 ...., . . ..,., ), .. 1 .,... 5 hel.,-350 foot fat.out zone Launch Site . . :.., . . . . C...) 1 > i■ ... ..- e . . ...- . _•• I . ' • . i ' I . . . . _ . ..• 20', :?, 0 :::::.g ,--.. , . ; ' I; { - . pi , nq-- 4 . -,,-)61, __ ___-_ ......... _-_''_____ of Insurance ---� __ 152961 Issue �mum0mte���2013 PRODUCER i� n��C�Tlp�*TEm�oosoA�� MATTER op ------ Deborah WlMad�m ' INFORMATION ONLY AND CONFERS NO RIGHTS UPON �ombin�d�pmc�*��a|nbmmudkmoL THE csnnnu/TeHOLDER. THIS nsnnF/oA7sDOES NOT ! Inc. ' AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 205 San Marin Drive, Suite 5 BY THE POLICIES BELOW. Novato, California 84S45 --- __� __ i '__-__�________ | INSURED INSURERS AFFORDING --- -- ' — � Londm�noduntk�ns|no INSURER Underwriters, ■ ' --- 799 N. 18150 W. INSURER B: P�8ox491 ----'- — --- -- Draper, UT 84020 INSURER . / /NGURERD, _-- - -` COVERAGES THIS LS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE , DOCUMENT --'-- l ANY CONTRACT OR OTHER INSURANCE EVIDENCED BY THIS CERTIFICATE IS LIAB/UTY INSURANCE ONLY. IT IS NOT A BOND OR ANY FORM OF SURETY AGAINST WHICH SOMEONE OTHER THAN 'INSURED' MAY ASSERT A CLAIM OA BRING ANY ACTION I SUBJECT TO POLICY TERMS, CONDITIONS. DEFINITIONS AND EXCLUSIONS THE INSURANCE ONLY INDEMNIFIES AN INSURED AGAINST CERTA/N LEGAL LIABIUTY 2)THE INSURANCE DOES NOT COVF-R CLAIMS FOR BODILY I !WIRY OR PROPERTY DAMAGE OF THE NAMED INSURED'S SHOOTEFNS) ASSISTANT(S) OR ANY OTHER PERSON(SI INCLUDING ANY VOLUNTEER(3) PARTICIPATING IN ANY WAY IN ANY DISPLAY OR SPECIAL EFFECT PERFORMED OR EXECUTED SY 114E NAMED INSURED. 1) COVERAGE DOES NOT APPLY TO CLANS FOR BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE INSURED'S FAILURE TO FOLLOW NFPA OR OTHER I , APPUCABLE REOUIREMENTS. LAWS OR RECOMMENDATIONS, INCLUDING THOSE RELATING TO POST DISPLAY OR SPECIAL EFFECT SEARCHES OR CLEAN UP. I . i L— -- _-_'___ ' | / POLICY NUMBER � +-----'--' -�- 1- �-'--- ' /D������---� - | A CSI-I46878-12 7/29/2012 | 7/29/2013 ' EACH ACCIDENT $ / 1 1,000,000 i -----^ ` � � MEDICAL EX (any one person) |�—_—_-_�v�_- �msLEGAL uAounr ' / �o�o i_ ! ~~~=""`"G"~EpG`'E ��»»�» A / --- - -------�-- | 'AurowoausuAumry | � ------�-- COMBINED SINGLE LIMIT ANY AUTO / / i ! SCHEDULED AUTOS HIRED AUTOS ' ; � -- i, -- .wow�v�soAUTOS | 000c//�ynv�e^��,*) | - '-- { : PROPERTY DAMAGE � ---� --- | ' (Per person) . _--_ _-___'___'. _- __ EXCESS LIABILITY ��[������� | � EACH ACCIDENT i �i : ' AGGREGATE -- - �-- ----- - -I -------- |-- EMPLOYERS' �^�Lx, | —�[�Cx ----- | ■ ' 1 � ����� | El. / E�mucxo�p�/CY�M� — --'---- +---- � ---� f�----- ' - --- --- ! -- L- l _ l_. �� ���N OF "'" A' ----- ------- -'------ - __-- l ___� � �"��^°. ^pvsoo, PROVISIONS - Seward Chamber of Commerce; City of Seward and State of Alaska are additional insured as respects the fireworks display on 7/4/2013 (RD: 7/5/ 013) locatmdat Sma Boat Harbor Park Lo Seward, AK. } -_„-_-_--____-_ �____.- '__- .. __-__-_ -__-____' -- CCKTPxC&76HOLDER Se�andChamb�rofCommwme 111/4 LEFT. RUT FAILURE:TO WM 111 /CFI Ni VI ICE .il 1 ALL ������:��������:��������K�' ME Ct | - I' � / 01 Seward Highway � »°~~"~~� ~^ Seaward, AKSQ6G4 —'-- --'-----' . ----- 1 / | �� /°*° =� | ^�� . 0,0 ,1, a ofd a ° 3 3 N <, SP I d Sewariicom ltast a $caels tstee, David Squires, Fire Chief City of Seward P.0 Bx 167 Seward, Ak 99664 Dear Chief Squires, The Seward Chamber of Commerce, CVB is requesting permission for a fireworks display. Lantis Fireworks and Lasers will be providing our fireworks exhibit this year on July 3 2013 at 11:59 PM. Alternate or rain date is July 6 We will be using the location agreed upon (please see map below) by the Chamber, the Harbormaster, and the contractor which is in the new breakwater parking area south of the boat harbor. The contractor will be responsible for providing sufficient staff for the approximate 15 -20 minute display. ,! ,!°2 °r, '',!a „!!!_-Tt ,,,,t 1„,) tiff!_∎ ;toll ilifrlit i rA r t V (,008Il at you need additional information, please contact me. Thank you very much, Erin Lemas Event Coordinator \0 0 THE STATE Department of Public Safety A DIVISION OF FORE AND LIFE SAFETY 4 ; _ L ife Safety Inspections Bureau - Anchorage 47, 4 GOVERNOR SEAN PA1:NEiLL 5700 East Tudor Road Op ALAS" Anchorage, ^aink 99507-1225 269.5637 Fax; 907,269.5018 PERMIT TO DISPLAY FIREWORKS 1.3G AND /OR 1.4G (EXCESS OF 250 POUNDS) DISPLAY PERMIT NUMBER: 13FIREWORKS1021 This permit is issued to LANTIS FIREWORKS & LASER 2150 INNES CIRCLE ANCHORAGE AK 99515 (Mailing Address) (City) (State) (Zip) 2150 INNES CIRCLE ANCHORAGE AK 99515 (Physical Address) (City) (State) (Zip) This permit gives Pyrotechnic MICHAEL K. BOWEN FWP12 -002 (First) (M.I.) (Last) (Permit #) the authorization to use and discharge 1.3G and /or 1.4G fireworks at: AT SMALL BOAT HARBOR PARKING LOT, SEWARD, AK on the indicated date(s) JULY 04, 2013 OR R/D JULY 05, 2013 for the purpose(s) of 4 OF JULY under the provision of AS 18.72.010 -060 and 13 AAC 50.025. 9 71 4 1/ 4//111 May 30, 2013 Kelly Nicolello, State Fire Marshal Date THIS PERMIT IS NOT TRANSFERABLE Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE DEVELOPMENT OF A MULTI -MODAL TRAIL IN PROXIMITY TO HERMAN LEIRER ROAD WHEREAS, development of a multi -modal trail along the Herman Leirer Road would complete a community- supported vision of a designated bikeway from the Seward Waterfront to Exit Glacier (Sea -to -Ice Trail); and WHEREAS, development of such a designated bikeway would offer outstanding recreational opportunity both to the local community and to the visiting public; and WHEREAS, "supporting the construction of a pedestrian path to Exit Glacier ", is included on page 17 of the City of Seward's Strategic Plan; and WHEREAS, developing the Herman Leirer Road Multi -Modal Trail would respond to identified year -round safety concerns in the vicinity of Exit Glacier Road; and WHEREAS, the Herman Leirer Road Multi -Modal Trail Feasibility Study completed in April 2013 represents a shared vision between the National Park Service, the U.S. Forest Service, the Alaska Department of Transportation, and the Alaska Department of Natural Resources; and WHEREAS, over the last 12 years the idea of a multi -modal trail along the road to Exit Glacier has received an outpouring of much deserved attention and support from a wide spectrum of local citizens, user group organizations, agency staff, business community members, and both the local and statewide press; and WHEREAS, the concept has also received local government support from the City of Seward in Resolution 2001 -031 and from the Kenai Peninsula Borough in Resolution 2001 -034 and again with the passage of Resolution 2013 -052; and WHEREAS, the Seward City Council wishes to add support and continue to endorse this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council supports the building of the Herman Leirer Multi - Modal Trail. Section 2. This resolution shall take effect immediately upon its adoption. \: CITY OF SEWARD, ALASKA RESOLUTION 2013 -442 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of June, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) t3 Council Agenda Statement f ` gE Meeting Date: June 10, 2013 k From: Ron Long, Assistant City Manager Agenda Item: Herman Leirer Road Trail BACKGROUND & JUSTIFICATION: Development of a multi -modal trail along the Herman Leirer Road will complete a community supported vision of a designated bikeway from the Seward Waterfront to the Exit Glacier (Sea to Ice Trail), offering an outstanding recreational opportunity both to the local community and to the visiting public. Developing the Herman Leirer Road Multi -Modal Trail would respond to identified year -round safety concerns in the vicinity of Exit Glacier Road and the development of a trail was specifically identified as a goal in the City's Strategic Plan. In April 2013, the Herman Leirer Road Multi -Modal Trail Feasibility Study was completed describing a shared vision between the National Park Service, the U.S. Forest Service, the Alaska Department of Transportation, and the Alaska Department of Natural Resources. Development of the trail has wide spread local support. INTENT: Approve a resolution supporting the development of a multi modal trail along Herman Leirer Road to Exit Glacier. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: Page 47, "Improve and increase visitor impact and 1. experiences." X Strategic Plan: Page 17, "Support the construction of a pedestrian path 2. to Exit Glacier" X 3. Other (list): FISCAL NOTE: This is a resolution of support and has no fiscal imp - - Approved by Finance Department: da��uQ ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2013 -0 , supporting the development of a multi -modal trail in proximity to Herman Leirer Road. 1� National Park Service Kenai Fjords National Park � U.S. Department of the Interior SE P.O. Box 1727 n�ryi. Seward, AK 99664 907 - 422 -0500 phone www.nps.gov National Park Service News Release Release Date: April 9, 2013 Contact: Sharon Kim, sharon kim @nps.gov 907 - 422 -0546 Environmental Assessment on Herman Leirer Multi -Modal Trail Feasibility Available for Public Comment SEWARD, AK — An Environmental Assessment (EA) evaluating alternatives for the feasibility of an interagency multi -modal trail along the Herman Leirer Road is now available for public comment. A multi -use trail (bicycle, pedestrian and ski) is being considered along the Herman Leirer Road, starting from the Seward Highway and ending at the Exit Glacier Nature Center in Kenai Fjords National Park. The approximately 8.2 mile trail would pass through public lands and right -of -ways managed by the State of Alaska, United States Forest Service, and National Park Service. No private lands would be involved, but in some areas private lands would be adjacent to the trail corridor. This environmental assessment analyzes the impacts of different trail routing concept alternatives. The purpose of the project is to increase the recreational opportunities and public safety along Herman Leirer Road. Project goals are to provide increased safety and a more enjoyable recreational experience for both trail users and road users by separating conflicting uses. Project alternatives would create a non - motorized, multi -modal trail along the Herman Leirer Road corridor for use either in short sections or in its entire length. It is important to note that at this time there is not a funded project to construct any of the proposed alternatives. This EA will serve as a common vision for state, federal, and local agencies as well as organizations to pursue funding for such a project by any number of sources. Funding the entire trail through a single funded project may not be possible and each agency may need to seek funding for their respective segments over a period of several years. The goal of this multi -modal trail which traverses across a variety of public lands and right -of -ways is to offer an outstanding visitor experience while protecting the resources over which each agency has responsibility. The environmental assessment analyzes a range of one no action alternative and three action alternatives for consideration: Alternative A - No Action — No designated trail for non - motorized use No designated trail exists and non - motorized travelers use the paved road or road edge for bicycling, skiing, mushing, and pedestrian travel. -More- ` '� Alternative B - Meandering Separated Trail (Preferred Alternative) A non - motorized trail would be designed and constructed for use by pedestrians, mountain bikes (bicycles), skiers and mushers. A 10 to 12 foot wide soft surface pathway that meanders farther from the road would be constructed with a number of new trail bridges separated from the road. Alternative C - Minimum Separation Roadside Trail A 12 foot wide soft pathway would be added to the north side of Ilerman Leirer Road (using existing trails when feasible), separated from the road by a 5 foot vegetated buffer. Connections to existing trails would be improved. Alternative D - No Separation Road Edge Trail and Upgrades to Existing Trails For most of the length of the corridor, the existing road (currently with 12 foot wide driving lanes and 4 foot paved shoulders) would be reconfigured and restriped to 10 foot driving lanes and 6 foot paved shoulders marked as bicycle lanes. Existing hiking trails would be upgraded to soft surface trails suitable for pedestrians, hikers, off -road cyclists and non- motorized winter uses. The National Park Service has published a draft EA entitled " Herman Leirer Multi -Modal Trail Feasibility Study Environmental Assessment." It is available at htip : / /parkplanning.nps.gay. The EA was completed in accordance with the National Environmental Policy Act of 1969 and the regulations of the Council on Environmental Quality (40 CFR 1508.9). Comments on the EA may be submitted through Friday, June 7, 2013, preferably via the website, http: / /parkplanning.nps.gov. Comments may also be faxed to (907) 422 -0571, or mailed to: Superintendent Kenai Fjords National Park A'1"1'N: Herman Leirer Trail EA P.O. Box 1727 Seward, AK 99664 www.111� s.gov About the National Park Service. More than 20,000 National Park Service employees care for America's 401 national parks and work with communities across the nation to help preserve local history and create close -to -home recreational opportunities. Learn more atwww.nps.gov. EXPERIENCE YOUR AMERICA'" The National Park Service cares for specal places saved by the American people so that all may experience our heritage. Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 2001 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE RESURRECTION RIVER VALLEY NON - MOTORIZED PATHWAY COALITION'S VISION OF A SEPARATE NON - MOTORIZED PAVED PATHWAY IN THE PROXIMITY OF EXIT GLACIER ROAD WHEREAS, the Resurrection River Valley Non - Motorized Pathway Coalition (The Coalition) was formed in response to year round safety concerns in the vicinity of Exit Glacier Road; and WHEREAS, these safety concerns have grown as a result of an increasingly vast number of visitors arriving to see the world class scenery found adjacent to the proposed route; and WHEREAS, the Seward City Council wishes to endorse The Coalitions's vision to build a separated non- motorized pathway aimed at solving safety concerns; and WHEREAS, all too often there are chilling accounts of tragedy or near misses between high- speed vehicular traffic and non - motorized recreationists; and WHEREAS, in the fall of 1999 a community forum recognized the need for a separated pathway to protect non - motorized users from those who prefer motorized forms of recreation; and WHEREAS, the Exit Glacier Pathway has appeared as part of the Statewide Transportation Improvement Plan (Priority ID #2629) for many years; and WHEREAS, recently the Exit Glacier Pathway project has received an outpouring of much deserved attention and support from a wide spectrum of local citizens, user group organizations, agency staff, business community members and both the local and statewide press; and WHEREAS, the Seward City Council wishes to add to the chorus of support and to endorse this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council supports the building of the Exit Glacier Road Pathway, and The Coalitions's vision of a separate non - motorized paved pathway in the proximity of Exit Glacier Road. CITY OF SEWARD, ALASKA RESOLUTION 2001 -031 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of March, 2001. THE CITY OF SEWARD, ALASKA Edgar Blatchford, Mayor AYES: Blatchford, Brossow, Calhoon, Clark, King, Orr, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: "Ferrei7, Patrick Reilly City Clerk ss E r ty ea •yV, I g9� • /1011.%.4. r SEAL i' • • a • r s r • s + �P (r V 1 .Z ,9 •• • �I 1.9 •••••• "'4 • OF •t.*O Itoftlrtt'Ntt Introduced by: McClure Date: 05/21/13 Action: Adopted Vote: 8 Yes, 0 No, 1 Yes KENAI PENINSULA BOROUGH RESOLUTION 2013 -052 A RESOLUTION SUPPORTING THE DEVELOPMENT OF THE HERMAN LEIRER ROAD MULTI -MODAL TRAIL IN THE PROXIMITY OF THE ROAD TO EXIT GLACIER WHEREAS, development of a multi -modal trail along the Herman Leirer Road would complete a community supported vision of a designated bikeway from the Seward Waterfront to the Exit Glacier ( "Sea to Ice Trail "); and WHEREAS, development of such a designated bikeway would offer outstanding recreational opportunity both to the local community and the visiting public; and WHEREAS, developing the Herman Leirer Road Multi -Modal Trail would respond to identified year round safety concerns in the vicinity of the road to Exit Glacier; and WHEREAS, The Herman Leirer Road Multi -Modal Trail Feasibility Study and Environmental Assessment represents a shared vision between the National Park Service, U.S Forest Service, Alaska Department of Transportation, and Alaska Department of Natural Resources; and WHEREAS, over the last 12 years the idea of a multi -modal trail along the road to Exit Glacier has received an outpouring of attention and support from a wide spectrum of local citizens, user group organizations, agency staff, business community members and both the local and statewide press; and WHEREAS, the Assembly has previously expressed its support for this project in Resolution 2001 -034 which was passed by unanimous vote on April 3, 2001; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough supports the development of the Herman Leirer Multi -Modal Trail in the proximity of the road to Exit Glacier. SECTION 2. That this resolution takes effect immediately upon its adoption. Kenai Peninsula Borough, Alaska Resolution 2013 -052 Page 1 of 2 1� ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 21ST DAY OFMAY,2013. 1 � _i ALL i urphy, Ass- b y: resid- t ATTEST: < 5 �111i inititti# / � S VLA @0 --w i--r) i Blankenship, MMC, Borough Cle ° a. I \ 1•• ) = 1 19 0 %Min 1110 , Yes: Haggerty, Johnson, McClure, Pierce, Smith, Tauriainen, Wolf, Smalley No: None Absent: Murphy Resolution 2013 -052 Kenai Peninsula Borough, Alaska Page 2 of 2 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING $35,088.80 FROM THE HARBOR RESERVE ACCOUNT TO THE HARBOR TRAVELIFT INFRASTRUCTURE ACCOUNT TO PAVE THE ROAD AND TURNAROUND AREA FOR THE 50 TON TRAVELIFT AND APPROPRIATING FUNDS WHEREAS, a new Travelift pit and sheet pile wall was constructed in 2009; and WHEREAS, the paved road was torn up for the improvements; and WHEREAS, the road should be repaved to reduce the wear and tear on the 50 ton Travelift and the safety of the vessels being moved; and WHEREAS, four request for quotes were sent out with two company's responding; and WHEREAS, one company came in with the low quote of $31,898.00; and WHEREAS, a 10% contingency is recommended for any unforeseen modifications for a total of $35.088.80; and WHEREAS, the harbor reserve account will transfer the funds from account 401- 0000 -3050 to the harbor travelift infrastructure account 401 - 4150 -5925. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council authorizes the transfer the funds from the Harbor Reserve Account 401 - 0000 -3050 to the Harbor Travelift Infrastructure account 401 - 4150 -5925. Section 2. The City Council authorizes the City Manager to pave the 50 ton Travelift road and turnaround area. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of June, 2013. CITY OF SEWARD, ALASKA RESOLUTION 2013 -043 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement ! OF S Meeting Date: June 10, 2013 a { ►, ; F 9 � � Through: City Manager Jim Hunt ' 11 From: Norman Regis Deputy Harbormaster Agenda Item: Appropriating funds for paving the Harbor travelift road turn around area BACKGROUND & JUSTIFICATION: This area was under construction and the paving torn out when the new travelift pit and sheet pile wall were installed in 2009. The ground has been compacted and is in need of paving for the 50 ton travelift as well as for the safety of the vessels being moved. This will reduce the wear and tear on the travelift and the impact on the vessels being lifted from swinging around while in the slings on this short section of road. Written quotations were solicited by phone and e -mail, in accordance with Seward City Code 6.05.015. Four potential bidders were contacted, but only two contractors responded and their quotes are attached: Engineer's Estimate $30,000 to $50,000 Peninsula Asphalt Paving (Nikiski) $31,898 quote Northstar Paving & Construction (Soldotna) $39,500 quote Peninsula Asphalt Paving submitted the lowest quote. They have a good reputation for high quality, professional work. The City Manager is authorized by Code to award the contract, but only if funds are available. The funds will be appropriated from the Harbor Reserve Account of 401- 0000 -3050 to the Harbor 50 ton Travelift Infrastructure Account of 401- 4150 -5925. INTENT: Authorizing the City Manager to appropriate $35,088.80 from the Harbor Reserve account of 401- 0000 -3050 to 401 -4150 -5925 the Harbor Travelift Infrastructure account, to pave the road and turnaround area for the 50 ton Travelift. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: page 23 — Create a thriving port of Seward 1. through harbor improvements, infrastructure expansion, and X implementation of management plans. 2. Strategic Plan: Page 7 — Improve and expand maritime facilities. X 3. Other (list): FISCAL NOTE: Funding in the amount of $35,088.80 will be transferred from the Harbor Reserve Account 401- 0000 -3050 to the 401 - 4150 -5925 the Travelift infrastructure account. Approved by Finance Department: l�' i� r . dg fin tJL.,t ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council Supports Resolution 201309 authorizing the City Manager to appropriate $35,088.80 from the Harbor Reserve Account to 401 - 4150 -5925 the Travelift Infrastructure account, to pave the travelift road and turnaround area. aLk — — Pewsu1a-A halt -Paving c. James Decker P.O. Box 8407 Nikiski, AK 99635 Phone: 776 -8646 Cell: 398-4646 Fax: 776 -5491 Norm Regis— Deputy Harbormaster Travel lift Paving 907 - 224 -3138 ext.2 Port Avenue nregis@cityofseward.net Box 167 Seward, AK. 99664 DATE: DATE OF PLANS: START WORK DATE: YOUR INQUIRY NO.: PROPOSAL NO.: PAGE NO.: OF PAGES: 05 -18 -2013 1 1 Work to be performed include grading, shaping and compacting area to be paved. 3 inches of Asphalt concrete to be paved on approximately 7780 square feet. Prep and pave 31898.00 Tax Thank you for considering Peninsula Asphalt Paving Inc. for your paving project Proposal Includes: Material and labor as required in accordance with the above specifications for the sum of: Dollars Thirty one thousand eight hundred and ninety eight dollars and 00 cents $31898.00 TO BE PAID AS FOLLOWS: completion of project All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN DAYS. AUTHORIZED SIGNATURE DATE ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to complete this contract as specified. Payment will be made as outlined above. AUTHORIZED SIGNATURE DATE COMPANY kelt ■ i L Paving & Construction, Inc. " 35743 Kenai Spur Hwy., Suite A, Sohlotna, Alaska 99669 (907) 262-9139 Fax: (907) 262-1428 May 16th, 2013 Travel Lift Upland Paving RE: Proposal with Assumptions NSPCI is proposing the following for the requested scope of work for the Travel Lift Paving at the Small Boat Harbor NSPCI will mobilize to the site, cut back the existing, and remove the existing as necessary per plan and /or direction from the owner. That same day we will excavate and remove the D1 already in place and place it in an area directed by the owner. NSPCI will then prep the area that is shown on the plans and proceed with paving the area with 3" thick DOT specified asphalt. The area should remain shut down for a minimum of 6 hours after paving is completed. PRICE $39,500.00 This price is all inclusive of the materials, labor, equipment, and management needed for this project. Pursuing Excellence in Construction - • m st * 0 0�' 1 2,e c• Ir Fri •z - Lam - 8 0 SEWARD SMALL BOAT HARBOR - - -- TRAVEL LIFT UPLAND PAVING !calif-El—NE!" 2 O 1 3 __7 II P +g L, I•aiii - PROJECT AREA $ � • 11I ' _ � L y _ L - — 1 '—' — - ,�,,,...a =.-- 1 ii. ...! • = 7FAVEL LRZ � — — ' r • 9 ) GENERAL NOTES -- ° l BOAT RA. OF WORK "' IN_ _ . 1� PLACE TOP SURFACE ASPHALT PAVEMENT OVER EXISTING BASE COURSE SURFACE THAT WAS PLACED fqs• 4 II=L1: ON THE SITE DURING CONSTRUCTION OF THE TRAVEL LIFT. THE EXISTING 875E COURSE 15 SEVERAL +ri '�FF , ♦ VO �m s y� 9T UV f INCHES THICK T THE ASPHALT PAVEMENT FOR THIS PROJECT WILL BE 6 INCHES THICK. THE i - — ' EXISTING BASE COURSE WILL NEED TO BE EXCAVATED 9 INCHES, ON AVERAGE, 70 ACHIEVE FINAL Z F � GRADES SHOWN IN DRAWINGS. REMOVAL DE APPROXIMATELY 70 CUBIC YARDS OF BASE COURSE •iTNF�p s na Fieirt 1 w : Y TYp""OR u MATERIAL IS ANITICIAPATED. STOCKPILE EXCESS MATERIAL IN THE PROJECT AREA AS DIRECTED BY y.F � ens e a n - esxs 0 THE COY OF SEWARD REPRESENTATIVE. auF.F a •• e•ss••s 6''' Szse W 1-1 LOCATION MAP Z o R SURVEY CONTROL 55.16_ 0 = 360 > J R MONUMENTS WITH ELEVATIONS AND COORDINATES ARE SHOWN ON LOCATION MAP ON TOP RIGHT OF Q < THIS SHEET LAY OUT OF HORIZONTAL BOUNDARIES OF ASPHALT PAVEMENT CAN BE ACCOMPLISHED 2 CC i WITH DIMENSIONS SHOWN IN THE PROJECT DRAWINGS, m W rc s 1 (7 L. s ASPHALT PAVEMENT .. a ASPHALT PAVMENT SHALL CONFORM WITH ALASKA DEPARTMENT OF TRANSPORATION & PUBLIC , a < € FACILITIES (A00T&PF) STANDARD SPECIFICATIONS AND DIVISION 32 ASPHALT PAYMENT SPECIFICATION SCHEDULE OF DRAWINGS g o INCLUDED IN THE PROJECT DOCUMENTS. . N F GENERAL ° J v AGGREAGATE BASECOURSE(D•1) - _ o s REF N0. SHEETNO. SHEET 1I1LE NEW AGGREGATE BASE COURSE LEVELING SURFACE MATERIAL, IF REQUIRED, SHALL CONFORM WITH W I p A STANDARD SPECIFICATIONS FOR AGGREGATE BASE SURFACE COURSES. SHAPE NEW G1.0 1 TITLE, PROJECT LOCATION MAP, AND GENERAL NOTES Q UJ / AND /OR 140 /03 EXISTING BASE COURSE M'MURAL TO THE REQUIRED GRADE- COMPACT TO A DENSITY OF Y NOT LESS THAN 98% OF THE MAXIMUM DENSITY DETERMINED BY ASTM 01557. WATER OR AERATE CI 1 2 5665 PLAN AND GRADING PLAN H 6)) 3 AS NECESSARY TO PROVIDE OPTIMUM MOISTURE CONTENT FOR COMPACTION MAINTAIN THE SURFACE OF EACH LAYER DURING THE COMPACTION OPERATIONS IN SUCH A MANNER THAT A H „ UNIFORM TEXTURE IS PRODUCED AND THE AGGREGATES FIRMLY KEYED. F S STORMWATER RUNOFF USE BEST MANAGEMENT PRACTICES (BMP'S) TO PREVENT SEDIMENT ENTERING STORM DRAINS OR INTO RESURECTION BAY. USE STRAW WATTLES AT CATCH BASINS AND 0RAINSGE SWALES. OR OTHER MAP'S AS DIRECTED BY THE PROJECT ENGINEER Rem '• 03096 000 mm 05/13/2013 A' OR CONSTRUC Y O � G1,0 € - 1 OF 2 0 \\e-- ,f. by ' EXISTING 12' CULVERT \� �, (_ 45' + 40' i w IXISTING GRAVEL SURFACE 19.33 I I EXISTING GRAVEL SURFACE _ 19.75 �s 0 I 19.75 R20 Or t. ( R20' xf 38' c-- VI TRAVEL UFT BULK HEAD - 19 - - e 18.70 .. 19.75 �t'� `- 10.00' \ , ,i7 , .a_ } - { j ? \0 y,. ..,ice - _ � , 19.60/ A V o L � 2 0.x• 1 \�' EXISTING ASPHALT PAVEMENT 1 10.00' lJ 1 %.6,\ J CENTERLINE ACCESS ROAD $ , — — — CJ`' n n n n n n n i O 20.00' 9 , - x* v I V 0 TRAVEL UFT DOCK n� I _ v 2 0 19 55 i 19.40 - z I N N i 43' - I 58' 14' �7 0' --- 7 k 0 0 R \ �� PASTING CONCRETE GRADE BEAM. ELEV. - 18.0' +/- Q P. ) 8 ° 3 Y 1 COSTING GRAVFI SIIRFACF - 1 Z Z 9 LEGESD g O1 SHEET KEYNOTES 6 INCH THICK ASPHALT PAVEMENT APPROXIMATELY 6290 SO FT. g F q 0 9 LLB g g 1. DIMENSION TO FACE OF CONCRETE GRADE BEAM 4 INCH THICK ASPHALT PAVEMENT. APPROXIMATELY 1490 50. FT. J d LLI ul > I- P 2. MATCH ELEVATION OF EXISTING CONCRETE GRADE BEAMS Xx CONTOUR ELEVATN)N FINISHED GRADE Q )< GRAPHIC SCALE CC 3. REMOVE APPROXIMATELY 700 SQUARE FEET OF EXISTING TOP OF ASPHALT PAVEMENT PAVEMENT 10 0 5 10 20 1 I 3 4. SAW CUT EXISTING PAVEMENT, MATCH EXISTING \XX.XX FINISH GRADE ELEVATION, TOP OF ASPHALT PAVMENi R ELEVATION (IN FEET) 5. DRAINAGE SWALE. MATCH INTD EXISTING GUTTER AT 0.; S SOUTH END OF EXISTING CURB / GRADING (PERCENT) AND DIRECTION OF SLOPE EE 6. EXISTING CURBS 7. EDGE OF EXISTING ASPHALT PAVEMENT ---- m--- 4 - - -0- GRADE BREAK .an.. 03096.000 ms 05/13/2013 B. MATCH EXIS1190 CURB ELEVATION ®" PC — -} — - . — DRAINAGE SWALE "..^ Pf FOR CONSTRUCTION c1.1 5 - 2 OF 2 1 Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2013 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPOINTING JEAN LEWIS AS TEMPORARY DEPUTY CITY CLERK WHEREAS, while City Clerk Johanna Kinney is on maternity leave for approximately the months of July and August in 2013, Deputy City Clerk Brenda Ballou will be appointed as Acting City Clerk in Kinney's absence; and WHEREAS, the City Clerk's Office posted and advertised a temporary Deputy City Clerk position while Ballou is the Acting City Clerk; and WHEREAS, during this time, the city received one application from Jean Lewis, who is a Certified Municipal Clerk (CMC) and was the Seward City Clerk from 2002 -2010 before retirement from the City of Seward; and WHEREAS, due to her high qualifications, Lewis has been selected to fill the position of Temporary Deputy City Clerk for a period of up to three months; and WHEREAS, SCC 2.20.045 (10) requires that any person hired as a Deputy City Clerk be approved by a majority vote 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 approves Jean Lewis as a Temporary Deputy City Clerk beginning no earlier than June 24, 2013 and for no more than three months, with all range and progressive requirements established in the current Deputy City Clerk job description. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of June, 2013. ac) CITY OF SEWARD, ALASKA RESOLUTION 2013 -044 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 28, 2013 %of sett. To: Mayor Seaward, City Council Members 0 7. CO From: Johanna Kinney, City Clerk q p • Agenda Item: Appoint Jean Lewis as Temporary Deputy City Clerk BACKGROUND & JUSTIFICATION: Beginning last June, City Clerk Jol}anna Kinney will be going on maternity leave for approximately the months of July and August. At this time, Deputy City Clerk Brenda Ballou will be placed in acting status as Acting City Clerk. These summer months are very ,busy and time sensitive for the City Clerk's Office, primarily with pre- election preparations and important legal notice requirements, as well as budget preparation and planning for the Obihiro delegates visit in August in addition to the day to day functions of the department. To help with the absence of Kinney, the City Clerk's Office advertised a Temporary Deputy Clerk position and received an application from retired former City Clerk Jean Lewis. Lewis was the City Clerk of Seward from 2002 to 2010, where she obtained the designation as a Certified Municipal Clerk. Lewis has agreed to work for the City of Seward in this Temporary Deputy City Clerk capacity for approximately July and August, 2013. Seward City Code 2.20.045 (10) states the City Clerk shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall be approved by a majority vote of the council. Jean Lewis has been conditionally offered the position of Temporary Deputy City Clerk and staff respectfully requests council approval of this appointment. INTENT: To appoint Jean Lewis as a Deputy City Clerk on a temporary basis, as required by Seward City Code Section 2.20.045 (10) CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x Other (list): Seward City Code 2.20.045 (10), City Clerk: 3 He shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall be approved by a majority vote of the council. ATTORNEY REVIEW: No FISCAL NOTE: Funding for this position will be budgeted from the City Clerk's budget under Personnel Services, as there will be a surplus in this section due to Kinney's absence. Approved by Finance Department: J2 "� °''-�� RECOMMENDATION: Approve Resolution 2013 -) authorizing the City Clerk to appoint Jean Lewis as a Temporary Deputy City Clerk. Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2013 -045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DECLARING THAT THE CITY OF SEWARD IS OFFICIALLY A PURPLE HEART CITY WHEREAS, the people of Seward, Alaska have the greatest admiration and utmost gratitude for all the men and women who have selflessly served their country, state and the City of Seward in the Armed Forces; and WHEREAS, veterans have paid the price for freedom by leaving their families and communities and placing themselves in harm's way for the good of all; and WHEREAS, the contributions and sacrifices of the men and women from the State of Alaska and the City of Seward who served in the Armed Forces have been vital in maintaining the freedoms and the way of life enjoyed by our citizens; and WHEREAS, many men and women in uniform have given their lives, have been physically wounded, or mentally changed while serving in the Armed Forces; and WHEREAS, many citizens of Seward have earned the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force, recognized as a singularly meritorious act of essential service; and WHEREAS, the city recognizes and honors the service and sacrifices of our nation's men and women in uniform who have been changed, wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans; and WHEREAS, at the May 28, 2013 meeting, the City Council directed the City Clerk to bring forward a resolution declaring the City of Seward as a Purple Heart City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City of Seward, Alaska is officially a Purple Heart City. Section 2. As requested, a signed copy of this resolution will be sent to the Military Order of the Purple Heart, Matanuska - Susitna Chapter 663. 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 10 day CITY OF SEWARD, ALASKA RESOLUTION 2013 -045 of June, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) fc\ : Ylata €.uska- Susitria C€'1d ,Jter t36:? ..+ PO Boy 8778/ \A'asilla, AK 9968,E April 29, 2013 Dear Mayor, The journey continues. Chapter 663 is actively working toward passage of our Purple Heart Resolution in Alaska's cities, boroughs, outlying communities and Tribal Councils. Chartered by Congress in 1958, The Military Order of the Purple Heart is composed of military men and women who received the Purple Heart Medal for wounds suffered in combat. Although our membership is restricted to the combat wounded, we support all veterans and their families with a myriad of nation -wide programs by Chapters and National Service Officers. Chapter 663's focus is to honor those men and women who have lived, or continue to live in the Alaska Greatland. Passage of this resolution has been completed so far in the following Alaska communities: - City of Wasilla, AK - City of Palmer, AK - City of Houston, AK - City of Soldotna, AK - City of Kenai, AK - Matanuska - Susitna Borough The State of Alaska is now recognized as the 5 'Purple Heart State' behind: - California - Ohio - Kentucky - South Carolina - (Alabama - pending) Enclosed are copies of the city resolutions, including the one for Wasilla, the first Alaskan city to be recognized in Alaska. Wasilla's Honorable Mayor Verne Rupright, in concert with the Wasilla City Council unanimously approved this distinction while the Viet Nam Memorial Traveling Wall was on display in Wasilla. If your community approves this resolution, we would greatly appreciate copy of the signed resolution for Chapter 663 records. Warmest regards to you and our fellow Alaskans in your fair city, Ken Ross Chapter Commander MOPH Mat -Su Chapter 663 Sponsored by: Seaward & Valdatta CITY OF SEWARD, ALASKA RESOLUTION 2013 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING AN ADVISORY BALLOT PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 1, 2013 REGULAR MUNICIPAL ELECTION REGARDING WHETHER THE MILL RATE SHOULD BE INCREASED BY .77 MILLS IN PROPERTY TAXES TO GENERATE A REVENUE SOURCE FOR REPAYMENT OF THE $3.48 MILLION GENERAL OBLIGATION BOND FOR THE CONSTRUCTION OF THE SEWARD COMMUNITY LIBRARY MUSEUM WHEREAS, the City of Seward and the Seward Community Library Museum Building Committee have been working since 2003 to obtain funding and design a new library museum; and WHEREAS, the Seward Community Library Museum Building Committee and the City of Seward have secured $5.1 million in state and private foundation funding and $1.1 million in grant applications pending; and WHEREAS, in October 2009 voters approved a General Obligation Bond in an amount of not to exceed $5.1 million for construction of the library museum; and WHEREAS, in a report to City Council on November 29, 2010, RISE Alaska and ECI /flyer estimated the remaining capital construction costs for the library museum project to be $10,294,560. City Administration and project managers have estimated that $3.48 million of the additional funding in the form of General Obligation Bonds will be needed to complete the project as currently projected; and WHEREAS, the annual debt service for a 25 -year $3.48 million General Obligation Bond is at an interest rate of 3.99 %; and WHEREAS, a revenue source is necessary to establish and pay the debt service of a General Obligation Bond; and WHEREAS, a property tax is a revenue source where property owners in the City of Seward contribute to the construction and operations costs of the new library museum; and WHEREAS, the current City of Seward property tax mill rate is 3.12; and WHEREAS, increasing the current City of Seward property tax mill rate from 3.12 to 3.89 for approximately 600 property owners within the city limits will generate an estimated $250,000 annually; and CITY OF SEWARD, ALASKA RESOLUTION 2013 -046 WHEREAS, an increase in the City of Seward property tax mill rate to 3.89 is expected to provide sufficient revenue to repay a 25 year $3.48 million General Obligation Bond, allow remainder of the debt service payment for the new library museum; and WHEREAS, a .77 mill increase in property tax rate will equate to an annual increase in tax of $77 on a home valued at $100,000; and WHEREAS, the current City Council of the City of Seward recommends to a future City Council that this mill rate increase should sunset when the $3.48 million General Obligation Bond is paid in full; and WHEREAS, this resolution will place the issue of whether the mill rate should be increased in property taxes by .77 mills to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum on the ballot as an advisory vote allowing the qualified voters to advise the City Council on whether the mill rate should be increased in property taxes by .77 mills to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum; and WHEREAS, the advisory vote on a .77 mill rate increase in property taxes to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum is non - binding, the City Council will consider the voting results. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Clerk is hereby directed to submit Proposition No. 1 as a non- binding advisory vote to the qualified voters at the October 1, 2013 regular municipal election in substantially the following form: ADVISORY PROPOSITION NO. 1 Shall the mill rate be increased in property taxes by .77 mills to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum? Yes No A "Yes" vote advises the Seward City Council that voters recommend the mill rate be increased in property taxes by .77 mills to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum. CITY OF SEWARD, ALASKA RESOLUTION 2013 -046 A "No" vote advises the Seward City Council that the voters do not recommend the mill rate be increased in property taxes by .77 mills to generate a revenue source for repayment of the $3.48 million General Obligation Bond for the construction of the Seward Community Library Museum. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of June, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) City of Seward, Alaska City Council Special Meeting Minutes May 28, 2013 Volume 39, Page CALL TO ORDER The May 28, 2013 a special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor David Seaward. OPENING CEREMONY Council Member Shafer 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 Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nanci Richey, Administrative Assistant Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Bardarson /Terry) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Resolution 2013 -040 Acknowledging Review Of The Settlement And Release Agreement Negotiated Between The State Of Alaska And Providence Seward Medical And Care Center Relating To A Medicaid Rate Appeal In An Approximate Amount Of $6.1 Million Over Four Years. Motion (Bardarson /Shafer) Approve Resolution 2013 -040 Hunt stated the lay down version before council tonight was due to an oversight between staff. The version in the packet was reviewed by the attorney and what her recommendation was for council. The resolution in the packet recommended council acknowledge review and non objection City of Seward, Alaska City Council Special Meeting Minutes May 28, 2013 Volume 39, Page to the settlement agreement and specifically not having the city be an agreeing party to the settlement. Hunt and the Finance Director disagreed with this approach and felt the city needed to actually approve the settlement rather than give acceptance of review and non - objection. The laydown version proposed council taking more definitive action on the settlement agreement. He recommended council accept this settlement as proposed in the laydown version tonight, so the city would be formally accepting the settlement offer and signing the agreement. Shafer asked who would carry the burden if the city decided to litigate. Hunt noted the city would be responsible either way, financially. Valdatta said the state was not strapped for money and he did not think the city should accept financial responsibility by approving this agreement. Terry asked if the attorney reviewed both documents, Hunt said she had reviewed both. City Clerk Johanna Kinney noted if council were to pursue the laydown version, it should be assumed the attorney would request that the attorney review should be marked "no ". Terry wondered if the state had seen this resolution already. Hunt said he needed to be careful in what he said due to negotiations, but it had been vetted through Providence. Motion to Recess (Keil /Casagranda) Recess until the May 28, 2013 7:00 p.m. regular meeting is adjourned. Council stated they were running out of time as they were required to go into their regular meeting at 7:00 p.m. Motion Approved Unanimous Council Recessed at 6:41 p.m. Council Resumed at 9:06 p.m. Motion to Amend (Terry /Casagranda) Amend Resolution 2013 -040 by adopting the laydown changes provided by administration. In response to Casagranda, Hunt said the language in the packet was designed to appease Providence and the city. Hunt was concerned the language proposed by the attorney left the door open for suspicion and possible litigation. Valdatta said he felt differently than earlier and the city should just do what was needed to settle. Shafer clarified the attorney's recommendation was to settle, but did not want the city to personally accept the settlement and would recommend Providence Seward officially accept the settlement. Shafer preferred the city accept the settlement because they did own the facility. Terry wondered what the deadline was on this issue. Hunt said the state did not give a specific deadline. The Finance Director and the City Attorney were both currently out of state and unavailable. City of Seward, Alaska City Council Special Meeting Minutes May 28, 2013 Volume 39, Page By unanimous consent, council suspended the rules to allow Joe Fong from Providence Seward to speak. Fong clarified the money involved was the City of Seward's money. He stated Providence Attorney Kathy Drummy also thought the city not accepting the settlement agreement with Providence could result in problems with the state agreeing to the settlement. This issue was originally brought forward as "the City of Seward doing business as Providence Seward ". He noted in February the council wanted the final agreement to come to them for ratification and final approval. Fong noted the only material term that was different from February was the payment for previous charges was originally proposed to be given within 90 days of the settlement. Now, the state was not able to accommodate that, but instead would process the payments by the end of the year. In response to Shafer, Fong said waiting that long for the payments did not leave them in immediate jeopardy. The rate they had last year was the rate from 2011 as well, so they were not losing any more money. The current census at Mountain Haven was either 34 or 35, which had been helping them. Shafer said she didn't agree with the attorney's review. They owned the facility and the city sought to pursue this with the state. They agreed in February to the $6.1 million dollars. She didn't see why the city wouldn't be the agreeing party. Bardarson said they weren't given a choice on what to settle on. Fong added there was a clause that dismissed any future appeals in the next four years — which might be of concern to the attorney. The state was holding very firm on this clause. The terms of this agreement stated the city agreed not to come back for any other reason to appeal. Motion to Amend Passed Unanimous Motion to Amend (Terry/Bardarson) Amend Resolution 2013 -040 by striking the word "their" and replacing with "Council's" in the last Whereas. Terry felt this made the sentence more grammatically correct and clear that the final settlement agreement was to come back for "council's final consideration and review." Motion to Amend Passed Unanimous Main Motion Passed Unanimous COUNCIL COMMENTS - None CITIZEN COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None k r City of Seward, Alaska City Council Special Meeting Minutes May 28, 2013 Volume 39, Page ADJOURNMENT The meeting was adjourned at 9:31 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page CALL TO ORDER The May 28, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Vanta Shafer Bob Valdatta Ristine Casagranda Jean Bardarson Christy Terry Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nanci Richey, Administrative Assistant Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tom Tougas spoke on the Providence settlement agreement council was discussing during their special meeting tonight. He was concerned that the attorney was recommending not settling. He was frustrated on tonight's discussion item of a proposed mill rate increase to pay for the library museum bonds and operating costs. Once the 2012 CAFR became public, it would be obvious there was no reason to increase a sales or property tax. The council spent two winters on this issue already and Tougas asked them not to waste any more time on this issue. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil /Terry) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The May 13, 2013 City Council Regular Meeting Minutes were approved. Appoint Catherine Richardson to the Historic Preservation Commission with a term to expire L.k-- City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page May, 2016. Resolution 2013 -036, Directing The City Administration To Dedicate Dog License Fees And Received, Targeted Donations For The Construction Of A New Animal Shelter. Resolution 2013 -039, Approving The City Manager's Appointment Of Edward Athey As Fire Chief. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Introduction of 2013 Seward High School Exchange Students Meret Beutler and Karoline Ernst. Recognition of the Seward High Track Team and their Accomplishments at the State Tournament. Recognition of Retiring Dispatch Supervisor Sheila Squires. Recognition of Retiring Fire Chief David Squires. Chamber of Commerce Report, Cindy Clock recapped some of the recent Seattle partner's trip. She and Harbormaster Funk were able to meet with other entities while the rest of the city staff traveled back to Alaska. They met with Holland America, Royal Caribbean, Samson Tug and Barge, and Linden Transport to name a few. There was a lot of excitement with the Seward Marine Industrial Center expansion project, as well as the railroad expansion project. The Marine Firefighting Symposium was coming to Seward in October, and Crowley would like to meet with the chamber then. The chamber was looking at having a possible VISTA volunteer. Seward had a successful Lemonade Day. The chamber bathrooms were being remodeled and would be finished in a few weeks. Clock passed out the Alaska Chamber's Seward Outreach Trip agenda which was scheduled for July 9 - 10, 2013. City Manager's Report, City Manager Jim Hunt stated there had been no purchase orders approved by the City Manager between $10,000 and $50,000 since the last council meeting. In the harbor, staff worked with the City Attorney and a representative of GCI on a new lease for their equipment located at SMIC. The current lease expired in late June. The harbor was soliciting proposals from contractors to design and construct restroom improvements at the Harbormaster's Office. The proposals were due on June 11, 2013 and would be scored on the following criteria: • Proposal Achieves Expected Project Outcome 10 Points • Project Design Drawing Submitted 10 Points • Plan To Survey And Remove Any Hazardous Materials 10 Points • Statement Of Qualifications 10 Points • Business License And Bond 10 Points 'AL\ City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page • Positive Litigation History 5 Points In response to council inquiry, Hunt and Funk reported the criteria for cost was mistakenly left off of the report to council. They confirmed the total would be out of 100 points, and cost would make up the remaining 45 points. The city and Providence had finalized the settlement agreement with the State of Alaska relative to the dispute over Medicaid reimbursement rates. The Finance Department was reviewing the draft Comprehensive Annual Financial Report (CAFR). Once that process was complete, the final CAFR would be printed and distributed to the City Council in time for the annual audit work session on June 24, 2013. The biennial budget process would begin in July. Once the budget process was substantially complete, finance intended to restart the new financial accounting software implementation, with the hopes of fully migrating to the new system by January 1, 2014. The Electric Department had three outages since the last council meeting. All three had power restored quickly. Alaska Department of Environmental Conservation denied Public Works' request for a primary treatment bypass at the Seward Marine Industrial Center Lagoon to allow the department to remove sludge from that facility. As a result the planned $490,000 Sludge Removal Project was on hold. Sludge testing was planned for June at Lowell Point and SMIC. A $400,000 loan offer at 1.5% was pending for the Maple Street Sewer and Water project. The $575,000 Lowell Canyon 400,000 gallon tank refurbishment monies were included in governor's budget. In Parks and Recreation, the ball fields were prepped and open for the season, the Forest Acres campground opened May 23, 2013, and the Spring Creek Campground would open June 17, 2013. In the Parking Department, the Department of Transportation would be visiting Seward to authorize the South Lot alleyway to be posted as a Fire Lane. A policy rate change was made to clarify that the $10 parking fee would now allow vehicles 24 hours of parking instead of expiring at midnight. Hunt added he met with Alaska Railroad executives last week to discuss the reorganization taking place and the railroad's future in Seward. He continued to stay in touch with Seward's representatives, lobbyists, and congressional delegation on the Lowell Creek Tunnel to ensure the U.S. Army Corps of Engineers kept ownership of the project and was also working with Alaska Department of Natural Resources on the issue. Mayoral Report, David Seaward asked if council received the request from the Military Order of the Purple Heart, Matanuska - Susitna Chapter 663 to declare the City of Seward as a Purple Heart City and if there would be any objection to direct the City Clerk to prepare a support resolution. There was no objection and the City Clerk stated she would bring forward a resolution for council consideration. Other Reports, Announcements and Presentations PUBLIC HEARINGS Ordinances for Public Hearing and Enactment 1s City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List Customers At The Small Boat Harbor. Harbormaster Mack Funk stated this was intended to provide more efficiency in communication for wait list customers. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson /Terry) Enact Ordinance 2013 - 008 Funk noted the proposed amendment by the Port and Commerce Advisory Board to clarify that electronic notification for wait list customers was an option and not a requirement. Motion to Amend (Terry /Bardarson) Amend Ordinance 2013 -008, by adding the language "elected to receive email notifications and" in Section 1, Item G. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage Rates At The Small Boat Harbor. Funk said the purpose was to eliminate quarterly rates and the tariff already reflected this change, so the code needed to be updated for consistency. He recommended enactment tonight. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Terry/Keil) Enact Ordinance 2013 -009 Motion Passed Unanimous Resolutions for Public Hearing Resolution 2013 -034, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of The Gateway Subdivision, Creating Four Tracts To Be Known As Tracts C4, C5, C6 And C7, Gateway Subdivision Addition No. 2 And Dedicating The Rights -Of -Way Extensions To Be Known As Olympia Road And Afognak Avenue, Located Within The SE 1 /4 Section 33; Within The Single Family Zoning District. Hunt said this replat was necessary to provide access for the city's new proposed water tank. It was a replat to provide a right of way for future water infrastructure expansion. `\ Lv City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Keil/Shafer) Approve Resolution 2013 -034 Valdatta asked if the city was purchasing this land. Hunt clarified this resolution was just providing the right -of -way at this time. Motion Passed Unanimous Other Public Hearings Ordinance 2013 -007, Amending The City Of Seward Code, Section 12.05.021, Adopting The 2012 Edition Of The International Residential Code (IRC), Including Revisions. (public hearing only — no enactment) Building Inspector Stefan Nilsson said this ordinance was to adopt the 2012 International Residential Codes. Currently, the city was operating under the 2006 codes. Every three years the codes went through modification by the International Code Council. In addition to the code council's version, the city was proposing 63 local amendments to the 2012 International Residential Code. Two were backed by state statues; one for smoke detectors and one for carbon monoxide detectors. 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. City Clerk Johanna Kinney clarified the only matter required before council tonight was to hold one of three public hearings, as required by state statute. If council wished to discuss or possibly amend the ordinance at this time, Kinney recommended council make a motion to enact to get the ordinance on the floor, but advised council to then move to postpone to the next scheduled public hearing date after discussion. Motion (Terry /Casagranda) Enact Ordinance 2013 -007 Terry asked what other outreach was planned for this summer to educate the public on this issue. Nilsson said they had been in contact with the local contractors on the issue, as the codes would influence them the most. These provisions could affect larger buildings, but that type of construction did not occur as much. The Building Department would continue to invite local contractors to the upcoming meetings on this issue. Bardarson asked if they had sent the local contractors the changes, Nilsson confirmed they had. Terry wondered if the Building Department could solicit comments from the local contractors so council could hear them. She recognized it was difficult for contractors to come to meetings this time of year as it was their busy season. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page In response to Casagranda, Nilsson stated all changes before council were the same local changes when the 2006 code was adopted. Bardarson requested they email the changes to council so they could see what the changes were. Seaward asked if they had heard any comments regarding the proposed sprinkler requirements. Nilsson said they had not heard any at this point. Seaward hoped the media could help get the word out on the sprinkler requirement change. Fire Chief Dave Squires noted they did hear today from an existing homeowner who was looking to expand their condominium units. In response to Seaward, Squires did not know if there was any tax incentive available at this point for people to voluntarily sprinkler their homes, but knew there had been some in the past. Motion to Postpone (Bardarson /Shafer) Postpone Ordinance 2013 -007 to the August 12, 2013 meeting for a second public hearing. Motion to Postpone Passed Unanimous UNFINISHED BUSINESS Items Postponed From Previous Agenda — Ordinances For Public Hearing And Enactment (With A Second Public Hearing Requested By Council). Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions (The enactment of this ordinance was postponed from the April 22, 2013 and the May 13, 2013 meetings. The original motion was made by Councilmember Casagranda and seconded by Councilmember Shafer). Squires stated the modifications in this code were the same as the modifications in the 2009 codes. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Casagranda /Shafer) Enact Ordinance 2013 -006 (made at the April 22, 2013 meeting) In response to Terry, Kinney clarified this ordinance came to the council as amended from the previous meeting and that amendment was reflected in their council packet. Squires stated there was one minor difference in the definitions of foster home between the 2009 and the 2012 codes and clarified the difference. In response to Bardarson, the items with double asterisks were local changes, and the items with one asterisk were state changes and could not be altered. LA% City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page In response to Casagranda, Squires stated the change in child care and foster home definitions would not effect day care businesses because the language was in the 2006 codes the city was currently using. Motion Passed Unanimous NEW BUSINESS Resolution 2013 -037, Authorizing The City Manager To Enter Into A Grant Agreement With The Alaska Department Of Transportation Harbor Facility Grant Program For $1,137,254 And To Enter Into A Construction Contract With Orion Marine Contractors, Inc. In An Amount Not To Exceed $2,083,980 For The D -Float Replacement Project At The Seward Small Boat Harbor And An Additional $208,398 As A Project Contingency And Appropriating Funds. Motion (Terry /Shafer) Approve Resolution 2013 -037 Funk stated this project was designed and developed by the previous harbor administration. They had received three excellent bids for this project, and the results were located in their packet tonight. Orion Marine Contractors was the successful bidder. There was an additive alternate A, which would connect D and E Float and would realign the floats, which were slightly off. D Float was almost 50 years old. Orion was originally West Construction, which the city had worked with in the past. They recommended approval of the contract and acceptance of the grant. Bardarson asked if the attorney had reviewed this resolution and contract. Funk said she had reviewed it in its preliminary stages, but did not give a final review, he believed. Shafer asked what they still had to do after D Float; Funk said next was focusing on A, B, C, and S Floats, which the city would have to figure out how to come up with matching funds for those projects. Funk noted A, B, and C Floats were more electrically modern, and D Float was not, which was why it was being addressed first. Funk noted they would be wood floats. In response to Casagranda, Funk confirmed the city would be matching the $1,1 37,254 cost and said the extra $200,000 was confirmed by the state to use against the engineering costs. Motion Passed Unanimous Resolution 2013 -038, Authorizing The City Manager To Modify The Purchase Agreement With R & M Steel Co. For The Purchase And Shipment Of A Steel Building Kit Authorized Under Resolution 2013 -018 To Permit The Substitution Of Insulated Wall And Roof Panels For The Batt Insulation And Siding Originally Supplied For A Total Amount Not To Exceed $121,600. Motion (Bardarson /Shafer) Approve Resolution 2013 -038 LAC\ City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Hunt said this was a change order to receive higher quality insulation for this proposed building. Administration was requesting approval of this change order. Motion to Amend (Terry/Keil) Amend Resolution 2013 -038, striking the language in Section 1, `for the purchase and shipment of a steel building kit authorized under Resolution 2013 -018 to increase the amount of the contract to cover the substitution of insulated wall and roof panels" and adding the following language in its place: "under SCC 6.10.130 by incorporating the recitals above in the Whereas clauses including specifically the finding that these insulating articles are being procured at a lower cost without competitive bidding." Terry wanted to specifically site the findings of fact and the source in the code that the council had the right to determine when the public's interest was being best served by not utilizing the competitive bid process. Keil was concerned that they didn't always get the best proposals out in time and sometimes the proposals were not as efficient. She hoped the city would do a better job of putting together proposals. Valdatta wanted to know if the original quotes had wind and snow loads. Hunt did not have the ratings. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Other New Business Discussion on transient merchants on city property. Terry thought it was worth asking the Planning and Zoning Commission to revisit this issue or hold a work session to discuss allowing transient merchants on city property, specifically the new harbor uplands. Shafer said she would like the Planning and Zoning Commission to discuss it and come back with a recommendation. She saw more cars parking on the new land and the parking lots were empty. Keil didn't know if the Planning and Zoning Commission was the right avenue. It was time they reevaluate the topic, however. She'd like to see a work session to determine if council wanted to allow transient merchants or not. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Valdatta wondered what type of merchants council envisioned would be down there. Terry thought they could let the market decide or it could be what the council decided. Bardarson didn't think they needed to dictate who could operate on that land. Terry wondered if they would allow utilities to be built on the uplands. Hunt said water and sewer were installed already in that area. Keil agreed it was a free market and opening up this land could generate more business. Council scheduled a work session to discuss transient merchants on the city -owned South Harbor Uplands for September 9, 2013 at 6:00 p.m. They also requested to be furnished with the information of the last time the Planning and Zoning Commission and Council addressed the issue of transient merchants. Discussion on council putting forward an advisory proposition for the upcoming October elections to increase the property mill rate by 1.0 mills to fund the library /museum bond and operating costs. Seaward wanted to know, the election ballot deadline was and if the council should consider an advisory proposition. Kinney stated the deadline varied based on what was actually being proposed, but mid - summer was typically the cut off for propositions to make the October Municipal Ballot. Shafer felt that this issue had been discussed at length and the direction from the public was pretty clear that they should absorb the costs through city budgets. Valdatta supported this idea to see if the citizen's would be in favor of a property tax increase. Terry was against an advisory proposition and the reason of the current dissention on how to pay for the library museum was because of past advisory votes. An advisory proposition made no sense because it gave council no definitive answer to act on. This was a council action, not a public vote action. Keil noted a community in Alaska recently imposed a tobacco tax and was receiving lengthy returns. Casagranda agreed with Shafer. They should find the funding in the budget, and the community made that known. She didn't think right now was a good time to make these types of decisions. She felt they could find a way within the budget to find this solution. Shafer said a property tax increase was limited to a small amount of people. She did not think it was fair to the 600+ people who paid property tax in the city limits. Shafer felt the public gave direction they should take this out of the budget. She also did not care for an advisory vote. Keil said the mayor was well within his right to bring something forward, and the public could come speak support or opposition at that time. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Valdatta wished they would had tried for a tobacco tax and not combined it with an alcohol tax. Terry said it was not a waste of time to bring something forward, and she encouraged the mayor to bring a resolution forward for council consideration. Discussion on lowering the sales tax from 4% to 3% during winter months of October through March, and back to 4% from April through September. Seaward also brought this forward and thought a seasonal sales tax was worth considering. Casagranda wondered if ffie. could discuss this as she was a small business owner. Shafer again asked the mayor to bring forward a resolution if he felt strongly about it. Casagranda said the increase in revenues should be put towards something specific, and would not support such an idea if the revenues went directly into the general fund. INFORMATIONAL ITEMS AND REPORTS - None COUNCIL COMMENTS Bardarson congratulated this year's exchange students. She thanked Dave and Sheila Squires for their dedication and hard work to Seward. Keil thanked Dave and Sheila Squires for their time with the city. She congratulated the new Fire Chief Eddie Athey and stated he had big shoes to fill. Keil congratulated the Seward Seahawk Track Team, who did great at the state track meet. Shafer thanked Dave and Sheila Squires and appreciated their service. She congratulated Seward's graduates. Shafer noted over $200,000 in scholarships were given from local dollars. She wanted graduates to come back home when they were done with their education. Casagranda thanked the. Fire Chief and congratulated Athey. Terry was privileged to work with both Dave and Sheila Squires and they were great assets to the city. She gave her congratulations to Eddie Athey and noted the Seward High Track Team's fantastic show at state this year. The Seward Exchange Students were great selections to represent the community. Terry stated she went to the museum and it looked fantastic. Hunt thanked the Fire Chief and Sheila Squires. It was great to work with them. He congratulated the new incoming chief and was working on the hiring process of the new Deputy Fire Chief. Police Chief Tom Clemons thanked Dave Squires and commented how outstanding Sheila Squires was as an employee in his department. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page Seaward thanked Assembly Representative Sue McClure and the media for attending the meeting, as well as Martha Fleming for being behind the camera tonight. He thanked the Squires' and appreciated their work in emergency response. CITIZEN COMMENTS Wolfgang Kurtz updated the council on the radio station project in town. They received a permit for construction of a new facility. They had the Emergency Alert System (EAS) up and running and would like to work with the city and the state to get that progressing. He was also working on enhancements to the facility and hoped for a remote broadcast. Kurtz noted he would love to see council meetings on air, which was very possible. He commented on the use of the south harbor uplands and noted perhaps they could contact an amusement company to have circus -type events on that land. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 9:01 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) AGENDA STATEMENT t: s F �� Meeting Date: June 10, 2013 From: Johanna Kinney, City Clerk �'�• li sKP Agenda Item: Non - objection to the new Brewery License for Eagle River Brewing Company BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a new brewery license for Eagle River Brewing Company. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to either license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above licenses, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non - objection to the application for a new Brewery License #5243 for Eagle River Brewing Company. 5L\ o.-.' , n u. 4 .7 rhL; , a..!. , •Yn . ....w ' r ?7.: _ ' '''' ::. ':: r_ ' a • '' . , i , i .i , u .fzs •, ' .: Y ..a, a.E:rt. ,2€.,. .� « aYr -. 3 wv e sit u, s r.,tuA: " r k4 ,'' / 4aM � �t t %`` °\ 1111, `' 1. - 1. E l rI9 Fi tt }.pp E rr/ ¢ w �, I '- ; t i � - r°t' §� C., €`� l: i z. u 11 ' 1 r x . T AsKA . '. ..t ..L ��S�fp�Elli 3r.,�Li. �.` L.� L__ ..° . ';'^ , ,, >� , and <cJI i2i1c.° e . c llc �crge.�i. 1 � ', ,i o)1 ,,„ is Li . I., CJ ... t?, . is , `��, v_ y ... . . p }4' �'� .� .. -. " i f 1 t `, i .24 :i; 't t { I I:� : VF A 'c!,c,r:, :, f\.ics,a 995i W , �t t.,A F Mai; :907.263.5900 .._.__ - 1;'.:9G7,.6. 4 .5.:5,43/ May 20, 2013 City of Seward Arm: Brenda l3allou & Johanna Pinney, City Clerks VIA 1inail: 1)_.7:illc)lt1 Girt" , se \vard.net cicil:ti .:Ci.t\:1,tscw:lyd.net Cc: in,q)iled,.boroughkenaiakziti lalanlcc:nslr! 1(ct'l,o.t: < kri!y 7.bf>_Y1itY_ Eagle River Brewing Company, Inc. — Brewery License #5243 DBA Eagle River Brewing Company o. New Application ❑ Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 01.11.480 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 ASSISI' 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. 1 f 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. aJ &� Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning reulation 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 (14.21.010(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(x)(3), AS 04.11.090(c), and 13 AAC 1()4.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COTE Director Sarah O. (Naas Business Registration Examiner sarah.oates(a)alaska.gov (907)263 -5921 State of Alaska Alcoholic Beverage Control Board Date of Notice: May 20, 2013 Application Type: NEW TRANSFER Ownership Location Name Change Governing Body: City of Seward Community Councils: None License #: 3243 T icense 'cype: Brewery Nagle River 'Firev,ing Compau LicenstelApplicant: f RI\ Iirewinf Company, Inc. Physical Location: 1 Sewlrd, .\K 99664 Mail Address: 737 \\; Avenuc, Ste 110, .\ 99310 Telephone 907,35 1 2615 EIN Corp/LLC Agent: Address Phone Date and State of Good Incorporation standin.? 1):Ivid Shoup 5 9 V 2" . enc. Th9 907-27.k53.', n9/19/2(01 Ye kgen nc f 99590 lash 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 al/principal members and those who hold at least 10% shares. Member/Officer/Director: DOB Address Phone Tide/Shares (%) kcvn Bution I )3/ IK/1965 I 93.".1 1. r pet S9v1h Drive 9(17-351.2615 9 )(1" President Logic River, 99577 907.792-3772 If transfer application, current license information: License #: Current D.13. A.: Current Licensee: Current Location: Additional comments: Page 2 _1 local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.48() 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 bearing 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 notif;' 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 . \S 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 0421.010(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 \vithin the prescribed time, Please show proof of service upon the applicant. For additional information please refer to 3 AAC 304.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 3 AAC 304.335(a)(3), AS 04.11.090(e), and 3 .AAC 304.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COD'', Director Sarah D. Oates Business Registration 1 .xanliner sarah.oatcsealaska.gov (907)263 -5921 • Alcoholic Beverage Control Board New Liquor License PAGE 1 OF 2 5848E Tudor kd (907) 269 U35U ' Fax: (907) 272 -9412 Anchorage, AK 99507 www.dps.state.ak.us /abc This application is for: ❑ Seasonal - Two 6-month periods in each year of the biennial period begiruting_ - and ending i Full 2 -year period MoJDay Mo /Day SECTION A. LICENSE INFORMATION. Must be completed for all types of applications. FEES License Year: `� . ,' License Type: B CO Statute Reference License Fee: $ ZO l: , /tw• t;' , 0 (Office Use Ontpl c::: ',?. , Sec. 04.11. License ii: _I 0 Filing Fee: $100.00 Local Governing Body: (City, Borough or Community Council Name(s) & Mailing Address: Fingerprint: Unorganized) A - f 1- C d • Car,46� „ , f4!! s sonJ `, :(. � -, w }., ice`'). , 1 t"l-P, ' 4 V , 4 , 75 Total i.cant - t L� jr , f Submitted: $ Name, of Appl /T F- fl 1 — ( Corp/ LLCILI'l 1, 1 _ P /Individual/Pa ...., --- .- ....... - ..... _..- ` - ..../ . . `�' - ,_ . _. -- Doing Business As (Business Name): Business Telephone Number: ,i" 72i✓a t Cf 1,)14/4- 4 --ei) M 7if° /71:4-. F.fibit.. /2.1 tJe 4 �l/t (eV/2/ Fax Number: Mailing Address: Street Address or Location of Premise: Email Address: )37 tt), 5+':1 Avrti(vr. 7 (i/re 110 L_/1 -.IA/ 4> i °n/ 1.1 L \ /1 1'�u(ittitJilf.0 /04 -iPrf ..iii .C.0m • City, State, Zip: SztA,A•r2 -'v i A 1<:. 9 fil 6 .,1 SECTION B. PREMISES TO BE LICENSED. Must be completed. C . - --- . AS 04.11.410 'OR incorporated city, borough, or unified municipality. Closest school grounds Distance measured under: ❑ Premises is GREATER than 50 miles from the boundaries of an ` J " `�_ al ordinance No. —. ❑ Premises is LESS than 50 miles from the boundaries of an incorporated Closest church: _ .Dist lice measured tinder: city, borough, or unified municipality. P �- ^ AS 04.1 1.410 OR Not applicable 0 1O G 1 0 Local ordinance No. pP ' Premises to be licensed is: ❑ Proposed building ❑ Plans submitted to Fire Marshall (required for new & proposed buildings) pi Existing facility Diagram of premises attached ❑ New building SECTION C. Individual, corporate officer, limited liability organization member, manager or partner background. Does any individual, corporate officer, director, invited liability organization member, manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? ❑ Yes X No if Yes, complete the following. Attach additional sheets if necessary. Name Name of Business Type of License - -` Business Street Address State Has any individual, corporate officer, director, limited liability organization member, manager or partner named in this application been convicted of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state? ❑ Yes 74 No If Yes, attach written explanation. Office rout malty Date Approved 1 Director's Signature 1 1 -- - - ...... i New App y — — Alcoholic Beverage Control Board g PAGE 2 of 2 5848 E Tudor Rd Liquor License Licensee Information Anchorage AK 99507 www.dps.state.ak.us /abc PH: 907 269 -0350 - FX: 907 272 -9412 Corporations, LLCs, LLPs and LPs must be roistered with the Dept. of Community and Economic Development. Name of Entity (Corporation/LLCILLP /LP) (or N/A if an Individual ownership) Telephone Number Fax Number Corporate Mailing Address: City State Zip Code Name, Mailing Address and Telephone Number of Registered Agent Date of Incorporation OR State of Incorporation lay „ '• ..l a•> •, _ , .. . 'z ` ` , Certification with DCED , Is the Entity in compliance with the reporting requirements of Title 10 of the Alaska Statutes ?D Yes ❑ No If no, attach written explanation. Your entity must be in compliance with Tide 10 of the Alaska Statutes to be a valid liquor licensee. _ M j Entity Mem bers (Must include Presid Secretary, Treasurer, Vice - President, Manager and Shareholder/Member with at least 10% Name Title "/o liome Address & Telephone Number Work Telephone Date of Birth Number NOTE: On a separate sheet provide information on ownership other organized entities that are shareholders of the licensee. Individual Licensees /Affiliates (The ABC Board defines an "Affiliate” as the s ouse or si nificant other of a licensee. Each Affiliate must be listed.) Name: Applicant ❑ Name: Applicant ❑ Address: Affiliate ❑ Address: Affiliate ❑ Home Phone: Date of Birth: Home Phone: Date of Birth: Work Phone: Work Phone: ' Name: Applicant ❑ Name: Applicant ❑ Address: Affiliate ❑ Address: Affiliate ❑ Home Phone: Date of Birth: Horne Phone: Date of Birth: Work Phone: Work Phone: Declaration _ • I declare under penalty of perjury. that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is tore, correct and complete, and this application is not in violation of any security interest or other contracted obligations. • I hereby certify that there have been no changes in officers or sto ,„ have not been reported to the Alcoholic Beverage Control Board. The undersigned ` ",/ certifies on behalf of the organized entity. it is understood that t.t of fact is cause for rejection of this application or revocation daily license issucxi. • 1 further certify that I have read and am familiar with Ti 1 t Ka / pod its regulations, and that in accordance with AS 04.11.450, no person other than the licensee(s) has any direct or indirect financial int % �� 0 ,,, • I agree to provide all information required by the A1ctii91ic l cruge Cont � oa r i support of this application Signature of Licensee(s) = NOTARY Y ' 5- Signer f *A PUBLIC $h ire d", --__. 1 ` 1 " e kit , � �,� ' me & Title (Please Print) ' /�• � FI & Title (Please Print) Subscribed and sworn to before me this Subscribed and sworn to before me this t -j� ` f ; . J clay of '' i, " 1 l .,:, . day of . Notary Public in 4d for the State of Alaska Notary Public in and for the State of Alaska ( My commission expires: , • i , " " 1 , ; ' t.. , M commission ex ires: i' ;f` p t.:' "9 1 ¢ t " , _, . y p New License App 3/09 F , Lc \ °) Seward Brewing Company , „ , ,, .. -, ..907422031 „ .„. .,,, ' . • - s i4. C --- ?-.) - - i • (., 6 e _.. e pi" c• . .. ... , r E i • .....) t'.. i F..31-- ;,------___ .....k. -....„ .. 7.•.-,- . t : .. i ... `-i \., , ..................,,....g.........a.iv,......,. :. \--....,..,,. 0 , s.... ,.,... .\\.„T , I J '.-. 1 - -- .,... 0 5 -- ..- ,.. a\. .. „,..•.•...0",..„,.. ;:, t -c.• c.,. •.,,,,,..9. 1. -.. ,„., '''--Z • ...... 11/11■00 *IMP i i k, f;'. ''i ‘ . '" i. r.....,. . ...' ;' \.) • _ .....sc \ - ) ..... , : 'r----) T .:. 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'I V Di:611 I. ,, 1 i _212A 1 . 2 . 03 ,1_,I.,: — :.!9't 1 1 ...*, ! i i uolitIRESIAURANI _ ._._ '.. 1 200 I , I .., . i!,, . Y.:F' i%:: . ....... II \ A 30 i* ( if .!---- ' 1 .- --- ' . • \ ' ..i' '.. , '. ii y • 1 . - -------,,,ti . ... i 1 "- „,(,( ;i1,. , . i' , 2,3 , (11D-1 ; I , I.: ".:- '• " -.' 2 k_'"?!..." ' 1 , \\,1\.. k - r; . ,- 1:11 _ ._ i •',..,... ,- 3 Trf, ... ., t: .. I "7" trlit+ - ss- I:;', - • ' ," '37 . . 1 . ; ). i., , „ (1' '1:!: !!! 1 1...11' . if: .. , , . _ : .,.._ i . . i , :. , -----t,E.,.) E ill I i 1 i li IL :".,,.. -..... 1.,. . tij f ,;• • ..._,. I I_ -1, ••:)., I .., - 1: • ' ; I / 4 ''' : 1 • ' to 1.11 .; ir ,,i 1 • ..-1, 1- - 1 c... CO CO :m g 111,, Ao:••:, - - .--: i 1 .IK _______,,__,__. I -- + - ; • , Sil 1 , I I . ___ . , .. ,,i -,..■ 1 >-• , , ____,.. OFFICE 206 ,. • 1 1 (c i 1 i 0 ,e, : 1 , \ . _. ,.,. t 1 eL 1 ! i 11 .... 4. , J! E :44 I , . : I I I ill : , ...s, 1 2 0 ..... ........, .. , , , c) ...,;,.:,t, 777777 7.7.: '1": : - • 't' - 1 _ ....,,,,-,: • ... • . ..,, • . I iglead 1 i E ■ •- '' il r, -. ..• ,Ci :.';'.1 I . (ri rr.ortmt,_ ... CC) I Mil lir:To 1:2 '..." . a.) (1) ,-, I - 04-et, (./ /,,, I k. A10 .- / `..- - Second Floor Now Wak _ __ _ _ _..... ____ i ._ . . . ____ .. . __ . __ _ . 1 I , ( 1 KENAI PENINSULA BOROUGI 112* - 1 44 North Binkley Street • Soldotna, Alaska 99669 -75201 PHONE: (907) 714 -2160 • F A X : ( 714 -2388 1 �� 13 crr . Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 21601 ` • Email: assemblyclerk ©borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK May 22, 2013 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501 -1768 RE: Non - Objection of New License Application Business Name Eagle River Brewing Co. License Type ▪ Brewery License Location ▪ City of Seward License No. ▪ 5243 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, L e— a., Johni Blankenship, MMC Borough Clerk JB /klr cc: City of Seward Applicant KPB Finance Department File (JA • e 07-4 lot MEMORANDUM Date: May 20, 2013 To: Kim Kowalski Rogers, Finance /Leases Kari Atwood, Finance /Public Utilities Chief Tom Clemons, Police Department Chief David Squires, Fire Department From: Johanna Kinney, City Clerk (/ RE: Verifying Compliance For A w Liquor License Application The following business has applied for a new Brewery License. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Eagle River Brewing Company Type of License: Brewery License License Number: 5243 Department Status Initials Finance /Leases Finance /Utilities ( Police Chief 0 ` . Fire Chief £ Y--- r 4 O p SF 4� �P AGENDA STATEMENT Meeting Date: June 10, 2013 From: Johanna Kinney, City Clerk r Agenda Item: Non - objection to Liquor License # 5239 for Woody's Thai Kitchen BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the renewal of Restaurant /Eating Place — Public Convenience Liquor License #5239 for Woody's Thai Kitchen. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, 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 Liquor License #5239 for Woody's Thai Kitchen. c o f set q9 MEMORANDUM Date: May 29, 2013 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 ' 'J RE: Verifying Compliance For Liquor License Application The following business has applied for a liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Woody's Thai Kitchen Type of License: Restaurant/Eating Place — Public Convenience License Number: 5239 Department Status Initials Finance /Leases A Finance /Utilities k' Police Chief a J( "J G-- Fire Chief ©4 ----• t. rk4 Department of Commerce, Community, 9 'I %, -�� TH E STATE and Economic Development o ,, 1K.L 1 ALCOHOLIC BEVERAGE CONTROL BOARD I -- � = = 2400 Viking Drive Gov o' 1' ?7 °\ -i R SEAN I't'' =` i- t. i Anchorace, Alaska 99501 Main: 907.263.5900 TDD: 907.465.5437 Fax: 907.263.5930 May 28, 2013 City of Seward Attn: Brenda Bail.ou & Johanna Kinney, City Clerks VIA Email: bballou@ciofseward.net clerk@cityofseward.net Cc: j oa.nne(&,,borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us Justin Biocic & Rene Likitprachacomb: Restaurant / Eating Place — Public Convenience License #5239 DBA Woody's Thai Kitchen ❑- New Application ❑ Transfer of Ownership ❑ Transfer of Location D" 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. AS O4.21.010(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 3 AAC 304.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400W, 3 AAC 304.335(a)(3), .AS O4.11.090(e), and 3 AAC 304.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COTE, Director • Sarah D. Oates Business Registration Examiner sarah.oates@alaska.gov (907)263 -5921 State of Alaska Alcoholic Beverage Control Board Date of Notice: May 28, 2013 Application Type: NEW TRANSFER Ownership Location Name Change Governing Body: City of Seward Community Councils: None License #: 5239 License Type: Restaurant / Eating Place - Public Convenience D.B.A.: Woody's Thai Kitchen Licensee /Applicant: Justin Biocic & Rene Likitprachacornb Physical Location: 800 Fourth Avenue, Seward, AK 99664 Mail Address: PC) Box 483, Seward, AK 99664 Telephone #: 206 - 285 -1404 or 206 -484 -2559 EIN: 46- 0592751 Corp /LLC Agent: Address Phone Date and State of Good Incorporation standing? N /A 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 ( %) N/A If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: Restaurant Designation Permit Application attached. 10 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 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 cointnunity 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 3 AAC 304.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 3 AAC 304.335(a)(3), AS 04.11.090(e), and 3 AAC 304.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COTE Director Sarah 0. Oates Business Registration Examiner sarah.oates@alaska.gov (907)263 -5921 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS 04.16.049 & 13 AAC 104.715 -794 FEE: $50.00 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 20 for employment. If for employment, please state in detail, how the person will be employed. duties, etc. This application is for designation of premises where : (pl.> e m r k des; e=.i teens). 1 X Under 13 AAC 104.305 Bona fide restaurant /eating place. License Number %: ,, „," , 2 Persons age 16 to 20 may dine unaccompanied. 3 Persons under 16 may dine accompanied by a person 21 years or older. 4 x Persons between 16 and 20 years of age may be employed. *(Sea: note below ). LICENSEE: h 1/ ••'i • f r" t ti 646.. 6,01., h - . -1-0.1 1ji 0 C t D/B /A: v v hdki J t �1 , 4 1 e 6't ADDRESS: b n r /lift r i r( / Alt- 6 74'66q 1. Hours of Operation: it 1 20 (Ah to 1 0 r ev, Telephone # ( 6 . ) "! 3 (Y 2. Have police ever been called to your premises by you or anyone else for any reason: [ ] Yes INo If yes, date(s) and explanation(s). 3. * Duties of employment: it le t. f 'hi t. .. .. ` i J( , t <h 4. Are video games available to the public on your premises? Nf2 5. Do you provide entertainment: [ ] Yes i x No if yes, describe. 6. How is food served? Table Service Buffet Service k Counter Service Other* 7. Is the owner, manager, or assistant manager always present during business hours? [k Yes [ ] No ** A MENU AND A DETAILED LICENSED PREMISE DIAGRAM MUST ACCOMPANY THIS APPLICATION * ** 1 have read an familiar with Title 4 of the Alaska statutes and its regulations. • i plicant signature Local Governing Body Approval Subscribed and sworn to before me this -rte day • ' Jill i . -D &3 Date: 1411 IIVJ, ~ Notary Pu 7i'an • for Alas a My Com t ission expires / J1 y 2-ell Director, ABC Board Date: *Employees 16 and 17 years orage in st have a valid work permit and .r ie':tter maintained in your files from a parent or guardian authori: ing etrrftloy°ment at"y dt1 est. blish **If inore space°is required t6 , gf .c d�service, entertaiment, eta. please add on back or attach additional page(s). ABC Board 5848 E Tudor Rd PH: Update: 3/29/12 Anchorage AK 99507 FX: (907)27 2 2 9412 0 1- If i : .., 2;. , 1 ,,........„......._, H ,,. , v I: 27.9YA AIM a/ilia , , T---- . • ,: L. 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REVISED .," DATE: , . ■ i — ...._, .. starters noodles SPRING ROLLS cabbage, minced chicken PAD THAI rice noodles, chicken, and bean thread noodles, deep -fried with shrimp, egg, scallion, ground peanuts, sweet chili sauce $9 bean sprouts, tamarind sauce $14 (tofu & veggie) $14 CHICKEN SATE yellow curry, coconut milk PAD VUN SEN bean thread noodles, marinade, grilled and served with house -made chicken, , shrimp, black mushrooms, peanut sauce $12 cilantro - garlic pepper, veggies $15 FRESH SUMMER ROLLS rice paper, shrimp, CURRY NOODLE SOUP * *SPICY rice noodles. chicken, celery, apple, rice noodles, carrot, bean sprouts, hard - boiled egg, ground cilantro, sweet chili sauce and ground peanuts $11 peanuts, red curry coconut broth (chicken or tofu) $14 (beef) $15 CREAM CHEESE WONTONS cream cheese, surimi, scallions, sweet chili sauce $8 KOH SI MEE crispy egg noodle, bamboo shoots, black mushrooms, THAI PORK SKEWERS sweet chili sauce - garlic scallion, chicken, soy gravy $15 pepper marinade, cilantro -lime sauce $12 TOFU CORN CAKES garlic, black pepper, rice dishes ground tofu and corn $9 HOLY BASIL ** *SPICY in -house ground meat, garlic, thai basil, thai chili, bamboo shoots, fried egg (chicken, or fried tofu) $15 (beef) $16 soups TOM KHAR * *SPICY coconut milk, straw SWIMMING RAMA spinach, bean sprouts, mushrooms, Time leaves, lemongrass, thai chili, galanga house - made peanut sauce (chicken or tofu) $15 (tofu or chicken) $14 (beef) $15 TOM YUM * *SPICY chicken stock, lime leaves, GARLIC cilantro - garlic pepper and broccoli lemongrass, thai chili, straw mushrooms (chicken or tofu) $13 (beef) $14 (chicken or tofu) $13 (shrimp) $18 GINGER onion, garlic, black mushroom, scallion veggies curries (chicken or tofu) $13 (beef) $14 PANANG *SPICY ground peanuts, coconut milk, chili, thai basil, lime leaves GRAVY CHICKEN black mushroom, (chicken or tofu) $1.5 (beef) $16 bamboo shoots, chinese sausage, soy gravy $14 YELLOW CURRY *SPICY chicken, potato, BEEF BROCCOLI black mushroom and soy gravy $14 coconut milk $13 SHRIMP FRIED RICE chinese sausage, scallion GREEN CURRY * *SPICY bamboo shoots, and egg $18 thai basil, coconut milk (chicken or tofu) $13 (beef) $14 BACON FRIED RICE scallion and egg $13 RED CURRY * *SPICY bamboo shoots, thai basil, SHORT RIBS ginger - soy sesame marinade and coconut milk cucumber salad $21 (chicken or tofu) $13 (beef) $14 PINEAPPLE CURRY *SPICY coconut milk, lime leaves, pineapple, red curry *CONSUMING RAW, UNDERCOOKED MEATS, POULTRY, (tofu) $14 (shrimp) $19 SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS *ALLERGIES: PLEASE LET OUR STAFF KNOW OF ANY ALLERGIES YOU MAY HAVE AND WE WILL DO OUR BEST TO ACCOMODATE {PARTIES OF 6 OR MORE, !8% GRATUITY WILL BE ADDED) KENAI PENINSULA BOROUGH i1 44 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us JOHN! BLANKENSHIP, MMC BOROUGH CLERK June 3, 2013 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501 -1768 RE: Non - Objection of New License Application Business Name Woody's Thai Kitchen License Type • Restaurant / Eating Place Public Convenience License Location • City of Seward License No. • 5239 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB /klr cc: City of Seward Applicant KPB Finance Department File 1 Co 1, r May 30, 2013 - The Honorable David Seaward MAY 3 0 2013 Mayor of Seward PO Box 167 410 Adams Street Seward, AK 99667 Dear Mayor Seaward: The warmth of summer is starting to arrive, and I hope that the people of Seward are in good health. We were honored that you and a delegation were able to take time from your busy schedules and join us last year for our 130 year city anniversary celebration. This year marks the 45th anniversary of Seward becoming our sister city. The ability of our relationship to last this long is in no small part due to the warm support we receive from the citizens of Seward, and I hope from the bottom of my heart that we will continue our wonderful relationship for many years to come. I received your invitation to join you for Seward's 110 year city anniversary this year, and I am happy to say that I and a delegation will be able to join you this year for the festivities. According to the schedule I received, you are planning for our delegation to visit Seward from 8/25 to 8/30, but I am afraid we will only be able to visit from 8/26 to 8/28. Also, while you said we could bring up to 9 people, we will only be able to have 5 people join you. While it is unfortunate that we will not be able to stay for a longer period, I hope that we will be able to fully enjoy each other's company in the time we do spend in Seward. The following 5 delegation members will be visiting Seward: Obihiro Mayor, Norihisa Yonezawa Obihiro City Council President, Katsunori Nohara Mayor's Office Manager, Toshihiko Sekiguchi International and Domestic Relations Section, Takahiro Nishioka International and Domestic Relations Section, Josh Neta As you had mentioned in your letter, this year and next will be very busy years for exchange activities between our two cities, and I think that these activities will be very fruitful for both of our cities. I think that the mural exchange will become a very popular event with the citizens of Obihiro. I hope that we will continue our wonderful relationship as sister cities for many years to come. Sincerely, 1);t; riliiia Yonezawa , ° l June 2013 June 2013 Th July SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 Monday Tuesday Wednesday Thursday Friday Jun 3 4 5 6 7 7:OOpm P &Z Mtg 12:OOpm PACAB Mtg N c 10 11 12 13 14 7:OOpm CC Mtg 0 17 18 19 20 21 6:OOpm P &Z WS 12:OOpm PACAB Work 5 6:OOpm Seward Recrea 6:30pm HP Mtg n r-1 7 24 25 26 27 28 5:30pm Audit Work Se 7:OOpm CC Mtg 00 N N Nanci Richey 1 6/5/2013 2:06 PM July 2013 July TuWe Th August 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Jul]. 2 3 4 5 12:OOpm PACAB Mtg 5:30pm Seward Rereat 8 9 10 11 12 7:OOpm CC Mtg N 7 15 16 17 18 19 6:OOpm P &Z WS 12:OOpm PACAB Work 5 6:OOpm Seward Recrea 6:30pm HP Mtg 22 23 24 25 26 7:OOpm CC Mtg 29 30 31 Aug 1 2 0) N Nanci Richey 1 6/5/2013 2:06 PM