HomeMy WebLinkAbout07132015 City Council Packet Seward City Council
Agenda Packet
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1963 1965 2005 The City of Seward,Alaska {�
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July 13, 2015 7:00 p.m. Council Chambers
Jean Bardarson 1. CALL TO ORDER
Mayor 2. PLEDGE OF ALLEGIANCE
Term Expires 2015 3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who
Vice Mayor have signed in will be given the first opportunity to speak Time is
Term Expires 2016 limited to 3 minutes per speaker and 36 minutes total time for this
agenda item.]
Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA
Council Member [Approval of Consent Agenda passes all routine items indicated by
Term Expires 2016 asterisk (*). Consent Agenda items are not considered separately
unless a council member so requests. In the event of such a request,
Christy Terry the item is returned to the Regular Agenda]
Council Member
Term Expires 2015 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS
David Squires A. Proclamations and Awards—None
Council Member B. Borough Assembly Report
Term Expires 2015 C. City Manager's Report
D. Other Reports and Presentations—None
Dale Butts
Council Member
Term Expires 2016
Iris Darling
Council Member
Term Expires 2015
James Hunt
City Manager
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
City of Seward, Alaska Council Agenda
July 13, 2015 Page 1
7. PUBLIC HEARINGS
A. Resolutions Requiring A Public Hearing
1. Resolution 2015-060, Authorizing The City Manager To Enter Into A Lease With The
National Park Service For The Real Property Described As Lots 13 And 14, Block 6,
Seward Recording District, Third Judicial District, State Of Alaska For 60 Years And
3 Months, With One 5 Year Option To Extend Pg. 3
8. UNFINISHED BUSINESS —None
9. NEW BUSINESS
A. Resolutions
1. Resolution 2015-061, Authorizing Restoration Of A Full-Time Exempt Position In
The Finance Department Titled Assistant Finance Director, And Appropriating
Funds Pg. 32
B. Other New Business Items
*1. Approval of the June 22. 2015 Regular City Council Meeting
Minutes . Pg. 40
*2. Appoint Sandie Roach' to the Historic Preservation Commission for a term to expire
May, 2016 Pg. 51
10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
A. Proclamation for Spring Creek Correction Center's Employee of the Year Bruce
Wardle Pg. 52
11. COUNCIL COMMENTS
12. CITIZEN COMMENTS
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14. ADJOURNMENT
City of Seward, Alaska Council Agenda
July 13, 2015 Page 2
Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2015-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE WITH THE NATIONAL PARK SERVICE FOR THE REAL
PROPERTY DESCRIBED AS LOTS 13 AND 14, BLOCK 6, SEWARD
RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF
ALASKA FOR 60 YEARS AND 3 MONTHS, WITH ONE 5 YEAR
OPTION TO EXTEND
WHEREAS, the city is owner of real property described as Lots 13 and 14, Block 6,
Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-
19 in the Seward Recording District, Third Judicial District, State of Alaska; and
WHEREAS, this parcel has been leased to the National Park Service since 1985 for a
term of thirty years; and
WHEREAS, the parties to the lease want to renew the lease for sixty years with one
additional five year option; and
WHEREAS, the National Park Service is going to invest over 2 million dollars into the
rehabilitation of the center and surrounding properties; and
WHEREAS, the request is consistent with the City's Comprehensive Plan and the
Strategic Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Council has determined that the essential terms and conditions of the
proposed lease with the National Park Service for the real property described as Lots 13 and 14,
Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat
No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska are in the
public's interest.
Section 2. The City Manager is authorized to execute the lease with the National Park
Service in substantially the form as presented at this meeting.
Section 3. This resolution shall take effect 30 days from the date and posting of
adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13th day of July, 2015.
3
Agenda Statement
Meeting Date: July 13, 2015 �ti `'`�o
To: City Council
C Q�Ag�P
Through: City Manager Jim H r
y
From: Harbormaster Norm Regis
Agenda Item: National Park Service 60 years and 3 months Lease with one (1) 5 year
option for Lease 97-104 at the Seward Small Boat Harbor
BACKGROUND & JUSTIFICATION:
The National Park Service has had a lease with the City of Seward in that Location since 1985.
The National Park Service has requested to renew their lease for 60 years with one additional 5
year option. If approved, the National Park Service is planning to invest over 2 million dollars in
rehabilitation of the visitor's center and surrounding property and new interpretive media for the
visitor's center.
The request also includes the removal of areas A and B in Exhibit A; these areas create
problems.
Area A contains a drainage swale created by the State of Alaska during the Port Ave/4th Ave
upgrade which freezes up in the winter and presents a hazard.
Area B contains an elevated boardwalk that connects to the Harbor boardwalk and does not
provide access to the Visitors Center.
INTENT:
To approve a lease between the City of Seward and The National Park Service on Lots 13 and
14, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as
Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska,
excluding A and B in Exhibit A containing City of Seward owned improvements.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council August 8, 2005)
3.1.2.1 Support existing public institutions in their effort to maintain,
1 expand and develop. (Volume 1,page 1 X
Recreation 3.6
3.6.1 Improve,expand and diversify year-round parks and
recreational opportunities for residents and visitors.
Strategic Plan (Approved by Council Resolution 99-043):
2. Recreation and Leisure: X
Provide diverse, year-round, indoor and outdoor recreational,
y
educational and cultural opportunities and facilities for residents and
visitors of all ages and socioeconomic backgrounds. (page 3)
Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095)
Description US Park Service Kenai Fjords National Park headquarters
& visitor center. They pay fair market value on the building footprint
3 (Lot 14). Lot 13 is at no cost in return for construction of a public X
restroom facility, public boardwalk, and interpretive kiosks. The Park
Service has acquired new facility downtown. Lease expires Jun 30,
2015. Includes no extension options.
Recommendation: Retain land ownership. Continue lease. (page 31)
FISCAL NOTE:
The National Park Service annual lease amount will be $10,000.00
Approved by Finance Department: S4i;/!i;) ,ibi„Gke,/p
ATTORNEY REVIEW: Yes X No Not Applicable
RECOMMENDATION:
Approve Resolution 2015- dl¢D authorizing the City Manager to enter into a Renewed Lease
with The National Park Service for Lease 85-045 covering Lots 13 and 14, Block 6, Seward
Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the
Seward Recording District, Third Judicial District, State of Alaska.
A United States Department of the Interior
. NATIONAL PARK SERVICE
• Alaska Region
r% i• 24(1 West 5th Avenue,Room 114
►+ Anchorage,Alaska 995t)1
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Norm Regis June 9, 2015
Harbormaster
City of Seward, Alaska
P.O. Box 167
Seward, Alaska 99664
Dear Mr. Regis:
A sixty year renewal lease for the land under the Kenai Fjords Visitor Center is attached. Our
Solicitor reviewed the lease and had us remove provisions that conflict with the Antideficiency
Act, the Tort Claims Act and the principle that the government is self-insured. As a result the
attached lease is in many ways identical to the lease the City and NPS negotiated in 1985 which
was written to avoid those conflicts. Please review the lease and give me your comments.
Lease Exhibit A, a plat showing the leased area, was prepared by a National Park Service
surveyor who located the original survey monuments for the leased lots in November 2014. He
discovered two areas within the lease that contain city owned improvements. They are shown on
Exhibit A as Excluded Areas A and B.These areas create management ambiguities and have
been excluded from the lease. Excluded Area A contains a drainage swale created by the City.
The swale ices up and presents a pedestrian hazard.We are willing to keep Area A in the lease if
the issues with this area will be corrected by the City. Excluded Area B contains an elevated
boardwalk that provides access to Safari Lodge. It does not provide access to the Visitor Center
or to the Park Service interpretive kiosks.
The past thirty years have shown that the Seward Small Boat Harbor is a great location for the
Visitor Center,and that it benefits Seward in measurable ways. The National Park Service is
planning to invest over 2 million dollars in rehabilitation of the Visitor Center and surrounding
property and new interpretive media for the visitor center over the next two years,beginning in
2015,to increase visitation to the center. The Seward Chamber of Commerce estimates that there
are 1 million visitors in the Seward harbor annually. The park hopes to continue to provide
excellent orientation and information for recreational opportunities in the Seward area. Kenai
Fjords National Park tourism creates over$80 million in economic benefit-$52.5 million in
visitor dollars spent in the local community and over$28.3 million in income for workers. The
Visitor Center provides administrative space for over thirty employees, 75%of these employees
are local community members, including youth.
You can reach me at(907)644-3432,or email at robert childers @nps.gov.
Sincerely,
Robert Childers
2
LEASE AGREEMENT
between
CITY OF SEWARD, ALASKA
and
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
Effective Date: July 1, 2015
q
TABLE OF CONTENTS
ARTICLE 1 - LEASED LAND 1
1.1 Description of Leased Land 1
1.2 Covenant of Quiet Enjoyment; Warranty of Title 1
1.3 LESSEE Owned Improvments 2
1.4 Property Accepted 2
1.5 Permits 2
1.6 Platting 2
ARTICLE 2 - LEASE TERM 2
2.1 Lease Term 3
ARTICLE 3 - RENTAL RATE 3
3.1 Initial Rental Rate 3
3.2 Rental Adjustments 3
3.3 Procedure for Rental Adjustment 3
3.4 Effect of Late Appraisal by CITY 4
3.5 Appraisal by LESSEE 4
3.6 Effective Date of Adjusted Rental Rate 5
3.7 Interim Rental Adjustments 5
3.8 Late Payment Charge 5
ARTICLE 4 - USE OF LEASED LAND 5
4.1 Use of Leased Land 6
4.2 Obligations of LESSEE 6
4.3 No Preferential Rights to Use Public Facilities 6
4.4 Adequacy of Public Facilities 6
4.5 Tariffs and Other Service Fees 6
4.6 Time for Payment of Utilities and Taxes 7
4.7 Other Uses 7
ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 7
5.1 Utilities 7
5.2 Third-Party Improvements 8
5.3 Easements 8
ARTICLE 6 - CONSTRUCTION BY LESSEE 9
6.1 Improvements on Leased Land 9
6.2 City Review of Construction 9
ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 10
7.1 Return of Leased Land in Original Condition 10
ARTICLE 8 - FORCE MAJEURE 10
ARTICLE 9 - LESSEE'S ACTS OF DEFAULT 10
ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE 11
ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 12
11.1 Real Property Improvements
11.2 Personal Property 12
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la
ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12
12.1 Assignment of Lease or Subleasing 12
12.2 Assignment to Affiliate 12
ARTICLE 13 - FEDERAL TORT CLAIMS ACT 13
ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY 13
ARTICLE 15 - RESERVED 13
ARTICLE 16 - CONDEMNATION 13
ARTICLE 17 - DISPUTE RESOLUTION 14
ARTICLE 18 - MAINTENANCE AND REPAIRS 14
18.1 Normal Maintenance 14
18.2 Safety Issues 14
ARTICLE 19 - ENVIRONMENTAL CONCERNS 14
19.1 Hazardous Materials 14
19.2 Permits and Reporting 16
ARTICLE 20 - ESTOPPEL CERTIFICATES 16
ARTICLE 21 - CONDITIONS AND COVENANTS 17
ARTICLE 22 - NO WAIVER OF BREACH 17
ARTICLE 23 - TIME OF THE ESSENCE 17
ARTICLE 24 - COMPUTATION OF TIME 17
ARTICLE 25 - SUCCESSORS IN INTEREST 17
ARTICLE 26 - ENTIRE AGREEMENT 17
ARTICLE 27 - GOVERNING LAW 18
27.1 Federal Antideficiency Act 18
ARTICLE 28 - PARTIAL INVALIDITY 18
ARTICLE 29 - RELATIONSHIP OF PARTIES 18
ARTICLE 30 - INTERPRETATION 18
ARTICLE 31 - CAPTIONS 18
ARTICLE 32 - AMENDMENT 19
ARTICLE 33 - NOTICES 19
ARTICLE 34 - FIRE PROTECTION 19
Exhibit A
ii
10
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF
SEWARD(the"CITY"),a municipal corporation located in the Kenai Peninsula Borough,State of
Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and United States of
America, acting by and through the United States Department of the Interior National Park
Service(the"LESSEE"),whose mailing address is 240 West 5th Avenue,Anchorage,Alaska 99501.
WHEREAS,LESSEE has indicated its desire to continue leasing the property known as Lots
13 and 14, Block 6, Seward Small Boat Harbor Subdivision, as shown on Plat 2000-19, Seward
Recording District,Third Judicial District,State of Alaska,excluding Areas A and B containing City
of Seward owned improvements as shown on Exhibit A,consisting of approximately 15,372 square
feet,more or less as described in Section 1.1 hereof; and
WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as
defined below)to LESSEE for the purposes described herein would be in the public interest; and
WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire
burden of compliance with environmental regulations or controls with respect to LESSEE's
operations on the Leased Land.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
hereinafter contained,the parties hereto agree as follows:
ARTICLES 1 -LEASED LAND
1.1 Description of Leased Land. The Leased Land is located in the City of Seward,Alaska. The
Leased Land is described as follows:
Lots 13 (consisting of 5,836 square feet)and 14(consisting of 10,591 square feet),Block 6,
Seward Small Boat Harbor Subdivision, as shown on Plat 2000-19, Seward Recording
District,Third Judicial District,State of Alaska,excluding Areas A and B containing City of
Seward owned improvements as shown on Exhibit A(consisting of 1,055 square feet)for a
total of 15,372 square feet,more or less (the "Leased Land")as shown on Exhibit A.
The Leased Land is also depicted on the attached Exhibit A,which is incorporated herein by
reference.
1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date
hereof,any reasonable restrictions imposed on the Leased Land as part of recording of a plat
by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that
LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term
of this LEASE.
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1.3 LESSEE Owned Improvements. LESSEE has the following improvements on the leased land:
visitors center, comfort station, board walk, sidewalks, flagpole, interpretive kiosks, and
picnic tables.
1.4 Property Accepted"As-is." LESSEE acknowledges that it has inspected the Leased Land and
accepts the same"as-is"and without reliance on any expressed or implied representations or
warranties of CITY(other than the representations in Section 1.2 hereof),or agents of CITY,
as to the actual physical condition or characteristics thereof and the legal description or
depiction of the Leased Land in Section 1.1 or Exhibit A hereto.
1.5 Permits. LESSEE,at its sole cost, shall obtain all permits necessary to the construction and
operation of its facilities on the Leased Land. CITY may from time to time,upon request of
LESSEE, execute such documents, petitions, applications, and authorizations as may be
necessary, as the underlying fee owner, to file with an agency or public body responsible
therefor an application for conditional use permits,zoning and re-zoning,tentative and final
tract approval,or precise plan approval that may be required for the lawful construction and
operation of the facilities of LESSEE permitted on the Leased Land by the terms of this
LEASE. However,nothing in this Section shall be construed as requiring CITY to support or
approve any such application or permit requests. If the agency or public body responsible to
approve or grant such application or permit request is a City of Seward agency,department,
or board, LESSEE shall follow all City of Seward procedures, the same as any other
applicant making similar requests of the City of Seward, according to the Charter,
ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward.
Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in
obtaining any other permits or approvals,including without limitation those required by the
U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection
Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and
Transportation (e.g., right-of-way permits),the Alaska Department of Fish and Game, and
the Alaska Department of Environmental Conservation.
1.6 Platting. In the event CITY elects to replat,CITY agrees to include the Leased Land in such
replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the
Leased Land prior to that time,CITY shall assist LESSEE in the preparation and filing of the
replat,and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation
and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary
to complete the platting or replatting of any area including all or a portion of the Leased
Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be
required by CITY or other governmental authorities as a condition to filing the plat of the
Leased Land or the plat of CITY-owned real property adjacent to the Leased Land.
ARTICLE 2 -LEASE TERM
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Lease Term. The term of this LEASE(the"Lease Term")shall be in accordance with CITY's
authorization in Resolution No. 2015- (the "Resolution"). The Lease Term shall
commence on July 1, 2015, and that date shall be the effective date of this LEASE (the
"Effective Date"). The Lease Term shall run for approximately sixty(60)years and three(3)
months from the Effective Date,ending at midnight on September 30,2075. LESSEE shall
have the right to terminate this LEASE with one year's written notice. LESSEE shall have
the right to extend the term of this LEASE for one five (5)year period, provided that:
a) LESSEE exercises its option to extend at least one hundred and eighty (180) days
prior to the expiration of the then current lease term;
b) LESSEE is not in default under any term or provision of this LEASE; and
c) LESSEE shall exercise its options to extend by sending written notice in accordance
with the provisions of Article 33 of this LEASE.
ARTICLE 3-RENTAL RATE
3.1 Initial Rental Rate. The annual rental rate for the Leased Land shall be set at $10,000.00
Rent shall be payable quarterly in arrears. Rent shall accrue from the effective date of this
lease. Quarterly installments will be paid on January 1, April 1,July 1, and October 1. The
amount of each quarterly payment shall be one-quarter of the annual rental rate as initially
established or later adjusted under this Article 3. Pursuant to LESSEE's agreement with the
city contained in amendment#1 to Lease 85-045,effective July 22, 1986,LESSEE will pay
rent on the 6,430 square foot area shown as Tract I on Exhibit A. LESSEE has constructed
and will maintain and operate a visitor center within Tract I. The paved area to the south of
the visitor center will be reserved for LESSEE parking,and remainder of the leased area is
designated for public use. LESSEE has constructed a public restroom facility within the
public use area. Maintenance of the building structure will be the responsibility of the
LESSEE; operating, maintenance, and repair of fixtures will be the responsibility of the
CITY. LESSEE has placed and will maintain boardwalks, interpretive kiosks, sidewalks,
picnic tables, and a flag pole within the public use area.
3.2 Rental Adjustments. The annual rental payment shall be adjusted on October 1,2020,and on
the same date every five years thereafter(each a"Rental Adjustment Date"). The adjusted
annual rental payment to be paid under the terms of this Lease shall be the appraised fair
market rental value(the "Fair Market Rental Value")of the Leased Land at the highest and
best use of the Leased Land. The highest and best use of the Leased Land shall be
determined without regard to LESSEE's intended or actual use of the Leased Land unless that
use is coincidentally the highest and best use of the Leased Land. CITY shall complete such
appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety(90)days
before each Rental Adjustment Date.
3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment
Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI
13
appraiser(Member,Appraisal Institute),who shall determine the"Fair Market Rental Value"
of the Leased Land in accordance with this Article 3, exclusive of improvements placed
thereon by LESSEE but inclusive of all improvements made by CITY(including those made
before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE
not less than ninety (90) days before the Rental Adjustment Date. The appraiser's
determination of Fair Market Rental Value of the Leased Land shall constitute a final binding
determination of the Fair Market Rental Value and the adjusted annual rental rate until the
next Rental Adjustment Date,unless LESSEE objects to CITY's appraiser's determination of
the Fair Market Rental Value. In that case,LESSEE shall give written notice to CITY of its
objection within thirty(30)days of receipt of the appraiser's report, and LESSEE shall then
engage an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute)
at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance
with this Article 3.
If LESSEE's appraisal determines a Fair Market Rental Value that varies from that
determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted
rental rate shall be the average of the rental rates determined by the two appraisals. If
LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal
by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate
themselves,they shall jointly engage a third independent MAI certified appraiser and shall
accept those results which will establish the rental rate for the succeeding five years.
3.4 Effect of Late Appraisal by CITY. If, for any reason,CITY does not complete the appraisal
or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental
Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the
appraisal report to LESSEE at any time thereafter. However,any such adjusted annual rental
rate shall not be effective until the quarterly payment due date immediately following the
date CITY delivers the appraisal report to LESSEE.
3.5 Appraisal by LESSEE. If,for any particular Rental Adjustment Date,CITY fails to obtain an
appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the
LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of
Alaska certified MAI appraiser(Member,Appraisal Institute)at LESSEE's expense to make
an appraisal under the terms of this Article 3 and submit a copy to CITY before the next
quarterly rental payment due date. However,LESSEE must notify CITY in writing within
thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an
appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental
Value,CITY shall give written notice to LESSEE of its objection within thirty(30)days of
receipt of the appraiser's report,and CITY shall then engage an independent State of Alaska
certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an
appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in
accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental
Value that varies from that determined by LESSEE's appraisal by no more than twenty
( 4
percent(20%),then the adjusted rental rate shall be the average of the rental rates determined
by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that
varies from LESSEE's appraisal by more than twenty percent(20%),then,unless CITY and
LESSEE agree on a rate themselves,the adjusted annual rental rate of the Leased Land shall
be determined in accordance with the arbitration provisions contained in Article 19 of this
LEASE.
3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this
Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the
appraisal report to LESSEE no later than ninety(90)days before the Rental Adjustment Date.
If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the
appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the
quarterly rental payment due date immediately following the date the CITY delivers the
appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or
LESSEE of the objection procedure relating to rental adjustment described in this Article 3
shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE
shall pay the amount of rent as established or adjusted by CITY until the question of
objection to the rental rate is finally resolved. At such time the objection to the rental rate is
resolved, an appropriate credit or adjustment shall be made retroactive to the date the new
rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or
deliver the appraisal report to the LESSEE,to the Rental Adjustment Date.
3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment
Date,excepting the Rental Adjustment Dates,the annual rental payment shall be increased
beginning October 1, 2015 and on October 1 of every year thereafter (each on "Interim
Rental Adjustment Date")in an amount that reflects the increase,if any,in the cost of living
for the previous year as stated in the Consumer Price Index, All Urban Consumers,
Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States
Department of Labor, Bureau of Labor Statistics for the most recent period published
immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less
than the previous year. If the CPI is revised or ceases to be published,the CITY shall instead
use such revised or other index as most nearly approximates the CPI for the relevant period,
and make whatever adjustment in its application as may be necessary, in the CITY's sole
discretion, to accomplished as nearly the same result as if the CPI had not been revised or
ceased to be published.
3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until
paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law,
whichever is less,plus a flat monthly late fee of$2.50,or such amount as may be established
from time to time by CITY ordinance or resolution and relating to late fees for CITY leases
generally.
ARTICLE 4 -USE OF LEASED LAND
15
4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by
LESSEE has been determined by the City Council of CITY to be in the public interest.
LESSEE may use the Leased Land for National Park Service visitor center with associated
public facilities.
4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with
applicable CITY zoning code provisions and provided the following conditions are met:
a) The Leased Land is to be completely cleaned and restored to its original condition,
that is, the condition existing prior to this LEASE or in better condition upon
termination of this LEASE.
b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous
Materials on the Leased Land except as permitted in Article 19 of this LEASE.
c) LESSEE shall not use the Leased Land in any manner or construct any facilities
thereon which would inhibit the use of adjacent or other lands.
d) LESSEE shall operate a National Park Service visitor center with associated public
facilities on the Leased Land.
e) Any changes to this site require prior CITY approval,through the City Manager.
4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any
exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE
will be subject to any tariffs,procedures,rules,and regulations of CITY concerning the use
of such facilities as they may now exist or from time to time be amended,and LESSEE shall
not be entitled to any exclusive use.
4.4 Adequacy of Public Facilities.CITY makes no representations or warranties as to the fitness
of any particular part or the whole of CITY's public facilities for the uses intended by
LESSEE,and LESSEE has inspected those facilities and has satisfied itself that the facilities
are sufficient for the intended uses by LESSEE. CITY makes no representations or
warranties of any nature with respect to the commercial practicability or accuracy of any
information provided by CITY.
4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs,
regulations, and scheduled fees from time to time, even if those adjustments shall cost
LESSEE more for its operations or use of public facilities, and CITY is free to do so
provided only that it does not impose any greater burden or higher rate upon LESSEE than
upon any other similar user of the public facilities.
16
4.6 Time for Payment of Utilities and Taxes. The LESSEE,as an agency of the United States,is
exempt from assessments or other charges that are in the nature of a tax.The LESSEE shall,
however,subject to the availability of appropriated funds,during the lease term pay directly
to the public authorities charged with collection thereof any fair and reasonable charges for
services received by the United States from public works or improvements if said public
authorities document the benefit found by the levying authority to accrue therefrom to the
United States, including any charges for anti-pollution, environmental, ecological or other
public purpose.If an option is given to pay such assessment(s)in installments,LESSEE may
elect to pay the same in installments,and in such case LESSEE shall be liable only for such
installments as shall accrue during the lease term.
4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and
additional tenants for space,including those who would be in competition with LESSEE or
who might be interested in leasing the Leased Land should this LEASE be terminated for any
reason.
4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules
and regulations as adopted by City Council.
ARTICLE 5-UTILITIES AND RIGHTS OF ACCESS
5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of
public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing,
LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the
affected utilities,with respect to the construction of those utilities. CITY agrees to cooperate
and assist the LESSEE, through consultation and review, in LESSEE's planning and
engineering of those improvements. All utilities will be located and sized in accordance to
CITY's Master Plan for the area leased. All such construction shall be in compliance with all
applicable building,mechanical and fire codes. Utilities constructed by the LESSEE within
the public right-of-ways or within public utility easements will normally be accepted and
maintained by CITY or utility companies may be used to serve other customers of LESSEE's
without payment of fees or reimbursement of construction cost to the LESSEE. However,
this does not preclude several lessees from agreeing to share the cost of constructing a utility
to serve their facilities. CITY or other utility company may determine that it would be to
their benefit to oversize the utility or install special fittings or equipment in order to serve
other existing or future users. The additional direct costs of such oversizing shall be borne
by CITY or other utility company. Such costs shall be limited to the supplier's cost of the
additional fittings,equipment,direct labor,and equipment costs to complete the installation.
The costs of oversizing pipe or electrical conduit shall be limited to the difference between
the supplier's price to provide the size required to serve its facility and the price of the
oversized material required by CITY or utility company.
17
LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent,
investment, or costs incurred by LESSEE with respect to any required permits for
construction or operation of LESSEE's facilities on the Leased Land,it being the intent of the
parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE.
5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time,
execute and deliver,or join in execution and delivery of,such documents as are appropriate,
necessary,or required to impose upon the Leased Land in accordance with the terms of this
LEASE covenants, conditions, and restrictions providing for the granting of uses of the
Leased Land, or any part thereof, the establishment of party walls, the establishment of
mutual and reciprocal parking rights or rights of ingress or egress, or other like matters
(herein called "third-party,improvements"), all of which are for the purpose of the orderly
development of the Leased Land as a commercial unit subject, however, to the conditions
that:
a) All such matters shall be limited to the Lease Term and shall terminate upon
termination of this LEASE for whatever reason.
b) Any such matters of a permanent nature extending beyond the Lease Term shall not
be granted without the prior written approval of CITY. In any of the foregoing
instances referred to in this Section,CITY shall be without expense therefor,and the
cost and expense thereof shall be borne solely by LESSEE.
c) At the expiration of the Lease Term (including any extended period) third-party
improvements on the Leased Land other than portable equipment shall become the
property of CITY without the payment of any compensation to LESSEE.
5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent
lands,it may be necessary,desirable,or required that street,railroad,water,sewer,drainage,
gas, power line, and other easements and dedications and similar rights be granted or
dedicated over or within portions of the Leased Land. As additional consideration for this
LEASE, CITY and LESSEE each shall, at the request of the other,join with each other in
executing and delivering such documents from time to time and throughout the Lease Term
as may be appropriate, necessary, or required by the several governmental agencies
(including the City of Seward),public utilities,and other users or tenants of CITY land for
the purpose of granting such easements and dedications; provided, however, that such
easements and dedications and similar rights do not unreasonably interfere with LESSEE's
operations. The costs of locating or relocating any public easements or restrictions of record
including any relocation of public road, railroad, utility, or other easements shall be at the
sole cost and expense of the party requesting the relocation. CITY shall not refuse
reasonable requests for such relocations provided those relocations do not interfere with or
inhibit the overall development of CITY property or other public property. Any easements or
rights of access granted to LESSEE by CITY need not be exclusive to LESSEE.
f8
ARTICLE 6- CONSTRUCTION BY LESSEE
6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter,
remodel,reconstruct,rebuild,build,and/or replace buildings and other improvements on the
Leased Land, subject to the following conditions:
a) The cost of any construction, reconstruction, demolition, or of any changes,
alterations, or improvements, shall be borne and paid for by LESSEE.
b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens.
c) LESSEE shall provide CITY with a copy of all building plans and specifications and
a site development plan or plans(based on a recent survey)for the Leased Land prior
to commencement of construction.
d) LESSEE is solely responsible for resurveying and locating improvements on the
Leased Land in such manner not to violate building setback requirements or encroach
into rights-of-ways or easements. On completion of any improvements, LESSEE
shall provide CITY a copy of an as-built survey depicting the improvements as
completed on the Leased Land.
e) LESSEE shall require performance and labor and material bonds in the customary
form for construction contracts in accordance with Federal Acquisition Regulations
Part 28 (48 CFR Part 28).LESSEE will provide verification of all such bonds to the
CITY upon request.
f) CITY may,as contemplated by Alaska Statutes,give notice of non-responsibility for
any improvements constructed or effected by LESSEE on the Leased Land. [Brad
Richie,NPS Architect, reviewed this language and said it is acceptable.]
g) LESSEE shall comply with all federal,state,and local statutes and regulations with
respect to such construction, including, but not limited to, all applicable building,
mechanical, and fire codes.
6.2 City Review of Construction. CITY shall have the right to review initial plans,
including those supplied to CITY under Section 6.1 hereof,and any future changes or
additions to LESSEE's facilities on the Leased Land,by reviewing the design thereof
prior to the commencement of construction. CITY shall have the right to comment
upon that design and to require LESSEE to make reasonable changes so as to avoid
interference with public operations, but the exercise of these rights shall not imply
any obligation to do so nor any obligation to do so in a particular way. LESSEE shall
construct the facility in accordance with final design specifications approved by
19
CITY. CITY's representatives may monitor the work and shall have access to the site
at all reasonable times. LESSEE shall be solely responsible for completing all
improvements according to LESSEE's plans and specifications and shall bear all risk,
responsibility, and liability for properly surveying the Leased Land before
construction and to place all improvements on the Leased Land without encroaching
upon any land, easements, rights-of-way, or setback requirements. LESSEE shall
obtain the usual and customary performance guarantees from its contractors, and
CITY shall be named as an additional insured.
ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS
7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1
herein,upon termination of this LEASE for any reason, LESSEE shall return the Leased
Land to CITY in the same condition as at the commencement this LEASE, subject to
normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and
contamination arising out of or resulting from or occurring during LESSEE's operations
or use of the Leased Land during this LEASE.
ARTICLE 8 -FORCE MAJEURE
In the event either LESSEE or CITY is delayed from performance of any of its obligations
under this LEASE due to acts of nature, acts of the enemies of the United States of America,
sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil
disturbance,or war,the time period wherein such performance is to occur shall be extended by that
amount of time necessary to compensate for the delay.
ARTICLE 9- LESSEE'S ACTS OF DEFAULT
Each of the following shall be a"LESSEE Act of Default" under this LEASE and the terms
"acts of default"and"default"shall mean,whenever they are used in this LEASE,any one or more of
the following events:
9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty(20)days
from the due date thereof,the rent required to be paid under this LEASE.
9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE.
9.3 Failure by LESSEE to observe,fulfill or perform any covenants,conditions,or agreements
on its part to be observed or performed under this LEASE, other than payment of rent or
compliance with Section 4.1, for a period of thirty(30)days after written notice specifying
such failure,requesting that it be remedied,and stating that it is a notice of default,has been
given to LESSEE by CITY; provided,however,that if said default is such that it cannot be
corrected within the applicable period, it shall not constitute an act of default if corrective
r)L.O
action is instituted by LESSEE within the applicable period and diligently pursued until the
default is corrected.
9.4 Violation by LESSEE of any laws or regulations of the United States, or of the State of
Alaska,or any conditions of any permits issued by agencies of the City of Seward,the Kenai
Peninsula Borough, the State of Alaska, or of the United States Government applicable to
LESSEE's use of the Leased Land,pursuant to the regulations of such agencies,for a period
of sixty(60)days after written notice specifying such violation has been given by the agency
charged with the enforcement of such laws, regulations, or permits to LESSEE; provided,
however,if such violation be such that it cannot be corrected within the applicable period,it
shall not constitute an act of default if corrective action is instituted by LESSEE within the
applicable period and diligently pursued until the violation is corrected. Furthermore, if
LESSEE shall contest such alleged violation through appropriate judicial or administrative
channels, the time period specified herein shall not commence until such proceedings are
finally determined provided such proceedings are diligently pursued;provided,however,that
any such extension of time shall not be effective if the effect of the interim administrative or
judicial action is to cause a stoppage,interruption,or threat to the activities of any person or
entity other than those of LESSEE.
9.5 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public
rights of way clear.
ARTICLE 10- REMEDIES FOR DEFAULT BY LESSEE
Whenever an act of default by LESSEE shall have occurred, and any applicable period for
giving notice and any opportunity to cure shall have expired, CITY shall have the following rights
and remedies all in addition to any rights and remedies that may be given to CITY by statute,
common law,or otherwise:
10.1 In addition to the above, CITY may declare this LEASE terminated.
10.2 No expiration or termination of this LEASE shall expire or terminate any liability or
obligation to perform of LESSEE's which arose prior to the termination or expiration except
insofar as otherwise agreed to in this LEASE.
10.3 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be
in addition to every other right or remedy provided for in this LEASE or now or hereafter
existing at law or in equity or by statute or otherwise, and the exercise or beginning of the
exercise by CITY of any one or more of the rights and remedies provided for in this LEASE
or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude
the simultaneous or later exercise by CITY of any or all other rights or remedies provided for
in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise.
10.4 No delay or omission to exercise any right or power accruing following an act of default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient.
ARTICLE 11 -TITLE TO IMPROVEMENTS INSTALLED BY LESSEE
11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors
on the Leased Land or on easements to or from the same, such as buildings, warehouses,
conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar
improvements,shall become the property of CITY upon termination of this LEASE for any
reason; provided, however, that CITY may require LESSEE to remove any improvements
designated by CITY and without cost to CITY. Removal of improvements is subject to the
availability of appropriated funds. Transfer of real property improvements will be made in
conformance with Federal Management Regulation Part 102-75–Real Property Disposal,
Subpart E—Abandonment, Destruction,or Donation to Public Bodies § 102-75.990-1045.
11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding,
LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly
remove, in no event later than ninety (90) days from the termination of the LEASE, trade
fixtures and equipment from the Leased Land provided that LESSEE shall repair any
damages to the Leased Land caused by such removal. Federal Management Regulation Part
102-75 –Real Property Disposal, Subpart E—Abandonment, Destruction, or Donation to
Public Bodies § 102-75.990-1045 applies.
ARTICLE 12 -ASSIGNMENT OR SUBLEASE
12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been
determined to be in the public interest by the City Council of CITY for the reasons set forth
in the approving Resolution. The rights and duties created by the LEASE are personal to
LESSEE and CITY has granted the LEASE in reliance upon the individual character and
financial capability of LESSEE. Therefore,LESSEE shall not assign or sublease this LEASE
without CITY's prior written consent, in CITY's sole discretion.
12.2 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this
LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska
limited liability company in which LESSEE maintains a substantial membership interest;
provided, however, that LESSEE's full faith and credit shall remain obligated under this
LEASE as though the assignment had not taken place
ARTICLE 13 -FEDERAL TORT CLAIMS ACT
12,2
Federal Tort Claims Act LESSEE will adhere to the provisions of the Federal Tort Claims Act of
1948, as amended (28 USC 2671 et. seq.) (Act),with respect to any tort claim asserted by persons
damaged by any personal injury,death,or injury to or loss of property that is caused by a negligent or
wrongful act or omission of an employee of the LESSEE, the LESSEE's employees, contractors,
guests and agents under circumstances where a private person would be liable in accordance with the
law of the place where the act or omission occurred.The foregoing shall not be deemed to extend the
LESSEE's liability beyond that existing under the Act at the time of such act or omission or to
preclude the Lessee from using any defense available in law or equity.
ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY
CITY shall defend,indemnify and hold LESSEE harmless from any and all liability or claims
for damages, including personal injuries, death, and property damage arising from the sole
negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors.
ARTICLE 15—RESERVED
ARTICLE 16-CONDEMNATION
If all or any part of the Leased Land is condemned for a public use by any government agency
or other duly authorized entity,CITY and LESSEE shall each make a claim against the condemning
or taking authority for the amount of any damage incurred by or done to them respectively as a result
of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other
by the condemning authority;provided,that in the event of a single award to CITY which includes
specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the
amount of such specific damages so found, if any.
If part but not all of the Leased Land is condemned for public use, LESSEE shall make a
good faith determination as to whether or not the taking of the part of the Leased Land designated for
condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines
in good faith that the condemning of such part of the Leased Land will prevent it from continuing to
operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE
shall then be terminated for all purposes effective fifteen(15)days from the date LESSEE sends such
notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such
termination shall be treated in the same manner as a termination at the expiration of the term of this
LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances,
debts,and liens to which the Leased Land is subject. If at the time of such partial taking for public
use,LESSEE determines that such partial taking will not prevent it from continuing to operate,then
LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be
effective on the actual date when LESSEE is effectively prevented from utilizing the condemned
land.
ARTICLE 17—DISPUTE RESOLUTION
',3
Disputes between the parties with respect to the performance of this LEASE may,if
mutually agreed to by both parties, be settled using the provisions of the Contract Disputes Act of
1978 (41 U.S.C. 601-613).
ARTICLE 18 -MAINTENANCE AND REPAIRS
18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof,if
any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land,
including any improvements placed thereon by LESSEE,in as good condition as received or
constructed by LESSEE, subject to normal,non-abusive use. CITY,at CITY's sole option
and expense, may, prior to the commencement of construction by LESSEE, perform
maintenance and preventative work on the Leased Land,exclusive of improvements placed
thereon by LESSEE, in order to prevent erosion,mitigate damage to plants and animals,or
prepare the Leased Land for eventual development by LESSEE or others by grading,filling,
or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole
expense and risk unless LESSEE agrees, in advance and in writing,to share such expense
and risk. LESSEE shall maintain in first class condition at all times all fire,pollution,and
other protective equipment, if any are placed on Leased Land.
18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of
LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE
shall promptly within thirty(30)days of receipt of such notice advise CITY in writing of its
proposed schedule for performance of any work necessary to cure such deficiencies.
If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land
and port facilities are exposed to risk,unnecessary potential hazards, or a risk to the public
interest(as distinguished from a business risk),or if CITY is not satisfied with the proposed
schedule of repairs either because of the delays therein or the scope of the repairs,then CITY
may engage an independent engineering consultant well-versed and experienced who shall
furnish to CITY a comprehensive survey and report for the purpose of establishing both the
need and urgency to perform such maintenance work. As soon as practicable following
receipt of said engineer's determinations and recommendations,if the report requires repair
then LESSEE shall, subject to availability of appropriated funds,pay the cost of the report
and perform such work in accordance therewith at LESSEE's cost,risk, and expense.
ARTICLE 19 -ENVIRONMENTAL CONCERNS
19.1 Hazardous Materials.
a) Condition of Site. LESSEE has had full opportunity to examine the site for the
presence of any Hazardous Material and accepts the site in "as is" condition.
11.4
LESSEE may elect, at LESSEE's sole cost,to conduct a baseline soils test prior to
execution of this LEASE.
b) Release of CITY.Any other provision of this LEASE to the contrary notwithstanding,
LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments,
liabilities,settlements,damages,costs,or expenses(including,without limitation,attorney's
fees,court costs,litigation expenses,and consultant and expert fees)arising during,and after
the term of this LEASE, and resulting from the use, keeping, storage, or disposal of
Hazardous Material on the Leased Land by LESSEE, or arising out of or resulting from
LESSEE's operations at the Leased Land.This release is for,without limitation,any and all
costs incurred due to LESSEE's operations,including any investigation of the Leased Land
or any cleanup, removal, or restoration mandated by a federal, state, or local agency or
political subdivision or by law or regulation.
c) Use of Hazardous Materials on the Site.
i) LESSEE shall not cause or permit any Hazardous Material to be brought
upon,kept, or used in or about the Leased Land except for such Hazardous
Material as is necessary to conduct LESSEE's authorized use of the Leased
Land.
ii) Any Hazardous Material permitted on the Leased Land as provided in this
paragraph, and all containers therefor, shall be used, kept, stored, and
disposed of in a manner that complies with all Environmental Laws or other
laws or regulations applicable to such Hazardous Material.
iii) LESSEE shall not discharge,leak,or emit,or permit to be discharged,leaked,
or emitted, any material into the atmosphere, ground, ground water, sewer
system, or any body of water, if such material (as reasonably determined by
the City,or any governmental authority)does or may,pollute or contaminate
the same,or may adversely affect the(a)health,welfare,or safety of persons,
whether located on the Leased Land or elsewhere; or (b) condition, use, or
enjoyment of the Leased Land or any other area or personal property.
iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses
related to the use, storage, and disposal of Hazardous Material kept or
brought on the Leased Land by LESSEE, its authorized representatives and
invitees,and LESSEE shall give immediate notice to CITY of any violation
or potential violation of the provisions of this subparagraph.
d) Operator. For all purposes,LESSEE shall be deemed the operator of any facility on
the Leased Land. [Ok per Linda Stromquist,NPS Hazardous Materials Coordinator.]
115
e) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any
substance which is toxic,ignitable,reactive,or corrosive or which is regulated by any
Environmental Law. Hazardous Material includes any and all material or substances
which are defined as industrial waste,hazardous waste,extremely hazardous waste,
or a hazardous substance under any Environmental Law. Notwithstanding any
statutory petroleum exclusion, for the purposes of this LEASE,the term Hazardous
Material includes,without limitation,petroleum,including crude oil or any fraction
thereof,petroleum soaked absorbent material, and other petroleum wastes.
f) Environmental Law Defined. As used in this LEASE,Environmental Laws include
any and all local, state, and federal ordinances, statutes, and regulations, as now in
force or as may be amended from time to time, relating to the protection of human
health and the environment, as well as any judgments, orders, injunctions, awards,
decrees, covenants, conditions, or other restrictions or standards relating to same.
Environmental Laws include, by way of example and not as a limitation of the
generality of the foregoing,Alaska Statutes Title 46,the Resource Conservation and
Recovery Act of 1976,the Comprehensive Environmental Response,Compensation
and Liability Act of 1980,the Clean Water Act,and the Superfund Amendments and
Reauthorization Act of 1986.
19.2 Permits and Reporting.
a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits
or approvals required by any applicable law or regulation. Copies of all such permits
shall be provided to CITY prior to LESSEE commencing work under this LEASE.
LESSEE shall promptly make all reports to any federal,state,or local government or
agency required by any permit or Environmental Law,including reports of any spill
or discharge of Hazardous Material. The CITY, through the City Manager, may
order LESSEE to immediately cease any operations or activities on the Leased Land
if the same is being carried out without necessary permits,in violation of the terms of
any permit or Environmental Law,or contrary to this LEASE.
b) Correspondence With and Reports to Environmental Agencies. LESSEE shall
immediately (the same or the next business day) provide CITY with copies of all
correspondence and notice,including copies of all reports between LESSEE and any
state, federal, or local government or agency regulating Hazardous Material which
relates to LESSEE's operations on or use of the Leased Land.
ARTICLE 20 - ESTOPPEL CERTIFICATES
�6
Either party shall at any time and from time to time upon not less than ten (10) days' prior
written request by the other party,execute,acknowledge,and deliver to such party,or to its designee,
a statement in writing certifying that this LEASE is unamended and in full force and effect(or, if
there has been any amendment thereof, that the same is in full force and effect as amended and
stating the amendment or amendments),that there are no defaults existing(or,if there is any claimed
default, stating the nature and extent thereof), and stating the dates to which the rent and other
charges have been paid in advance.
ARTICLE 21 - CONDITIONS AND COVENANTS
All the provisions of this LEASE shall be construed to be "conditions" as well as
"covenants,"as though the words specifically expressing or imparting covenants and conditions were
used in each separate provision.
ARTICLE 22 - NO WAIVER OF BREACH
No failure by either CITY or LESSEE to insist upon the strict performance by the other of
any term,covenant,or condition of this LEASE or to exercise any right or remedy consequent upon a
breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or
conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term,
covenant, and condition of this LEASE shall continue in full force and effect with respect to any
other then existing or subsequent breach.
ARTICLE 23 -TIME OF THE ESSENCE
Time is of the essence of this LEASE and of each provision.
ARTICLE 24-COMPUTATION OF TIME
The time in which any act provided by this LEASE is to be done by shall be computed by
excluding the first day and including the last,unless the last day is a Saturday,Sunday,or a holiday,
and then it is also excluded.
ARTICLE 25 -SUCCESSORS IN INTEREST
Each and all of the terms,covenants,and conditions in this LEASE shall inure to the benefit
of and shall be binding upon the successors in interest of CITY and LESSEE.
ARTICLE 26 - ENTIRE AGREEMENT
This LEASE contains the entire agreement of the parties with respect to the matters covered
by this LEASE, and no other agreement, statement, or promise made by any party which is not
contained in this LEASE shall be binding or valid.
ARTICLE 27-GOVERNING LAW
The laws of the State of Alaska and the United States will govern in any dispute between the
CITY or LESSEE.If dispute continues after exhaustion of administration remedies,any lawsuit must
be brought in a court of competent jurisdiction in the State of Alaska. The terms of this LEASE are
subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this
LEASE, including, without limitation, Chapter 7.05 of the Seward City Code.
27.1 Federal Antideficiency Act. LESSEE's fiscal obligations under this lease are subject to
appropriation in accordance with relevant federal law including the Antideficiency Act(31 U.S.C.
1341). However,lack of appropriation shall not be a defense to a breach of this LEASE. The CITY
retains all rights accruing to it under this LEASE with respect to any breach by the LESSEE.
ARTICLE 28-PARTIAL INVALIDITY
If any provision of this LEASE is held by a court of competent jurisdiction to be invalid,
void,or unenforceable,the remainder of the provisions shall remain in full force and effect and shall
in no way be affected, impaired, or invalidated.
ARTICLE 29 - RELATIONSHIP OF PARTIES
Nothing contained in this LEASE shall be deemed or construed by the parties or by any third
person to create the relationship of principal and agent or of partnership or of joint venture or of any
association between CITY and LESSEE; and neither the method of computation of rent, nor any
other provisions contained in this LEASE,nor any acts of the parties,shall be deemed to create any
relationship between CITY and LESSEE other than the relationship of lessee and lessor.
ARTICLE 30-INTERPRETATION
The language in all parts of this LEASE shall in all cases be simply construed according to its
fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the
opportunity to seek assistance of counsel in drafting and reviewing this LEASE.
ARTICLE 31 - CAPTIONS
7.8
Captions of the articles,paragraphs,and subparagraphs of this LEASE are for convenience
and reference only, and the words contained therein shall in no way be held to explain, modify,
amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE.
ARTICLE 32 -AMENDMENT
This LEASE is not subject to amendment except in writing executed by both parties hereto.
ARTICLE 33 -NOTICES
All notices,demands,or requests from one party to another shall be delivered in person or be
sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to
such other persons and addresses as either party may designate. Notice by mail shall be deemed to
have been given at the time of mailing.
All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the
following address:
City Manager
CITY OF SEWARD
PO Box 167
Seward,Alaska 99664
All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the
following address:
National Park Service
240 West 5th, Avenue, Room 114
Anchorage, AK 99501
Attention: Chief, Land Resources Program Center
Each party shall have the right,from time to time,to designate a different address by notice
given in conformity with this Article.
ARTICLE 34- FIRE PROTECTION
LESSEE shall,at its sole cost,risk,and expense,provide fire detection and protection to its
operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities
such that those risks are minimized. LESSEE shall continue to provide and maintain industry
accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by
reason of LESSEE'S operation.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the dates herein
set forth.
/,9
CITY: LESSEE:
CITY OF SEWARD )11,TIONAL PARK SERVICE
(t_ I �rL
Jim Hunt, City Manager Realty Officer, Alaska Region
Date: Date: 6� ^Z `�_�
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ATTEST:
Johanna Kinney, CMC
City Clerk
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of ,2015,
by Jim Hunt, City Manager of the City of Seward, Alaska, on behalf of the City.
Notary Public in and for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
The fore oin�_in^s^ ent was acknowledged before me this 2 day of J �� ,2015,
by @ &(ES (S1 l who executed the foregoing document on behalf of National Park
Service as_Realty Officer .
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CITY OF SEWARD,ALASKA
RESOLUTION 2015-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING RESTORATION OF A FULL-TIME EXEMPT
POSITION IN THE FINANCE DEPARTMENT TITLED ASSISTANT
FINANCE DIRECTOR, AND APPROPRIATING FUNDS
WHEREAS, until 2001, the City of Seward Finance Department included the position of
Controller, serving as the deputy to the Finance Director; and
WHEREAS, beginning in 2001, the Controller and Finance Director positions were
combined as a cost-savings measure, with cautions that when the stable tenured staff experienced
turnover in the future, the department would likely be unable to manage the workload without
restoration of the position; and
WHEREAS,the average staff tenure in 2001 was 12.5 years and is now 6 years;total city-
wide expenses in 2001 were $17.6 million and in 2013 were $37.3 million; and
WHEREAS, the Finance Department has experienced turnover in all but one accounting
position in the past four years and turnover multiple times in some positions during that time,
resulting in instability and the inability of the staff to meet important deadlines such as timely
financial reporting and timely audit completion; and
WHEREAS,failure to add back this important position leaves the department vulnerable to
additional turnover by staff who are burned out,and makes it difficult to provide adequate transition
planning for future retirements and to cross-train for purposes of providing stability to department
work efforts.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA,that:
Section 1. The City Council hereby authorizes the restoration of a full-time exempt position
in the Finance Department to be entitled"Assistant Finance Director"with a position range 20-23 at
an estimated salary and benefit cost of approximately $110,000.
Section 2. Funding in the amount of$165,000 is hereby appropriated from the General Fund
unassigned fund balance account no.01000-0000-3400 to the finance department salary and benefit
accounts no. 01000-1140-6XXX,to cover the costs of this new position plus additional staffing costs
associated with the recent conversion to a new financial accounting system,staffing overtime due to
shortfalls pending replacement of two to three position vacancies,and additional audit preparation
costs associated with the delay in completion of the annual audit.
3i.
CITY OF SEWARD,ALASKA
RESOLUTION 2015-061
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 13th
day of July, 2015.
THE CITY OF SEWARD,ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
3J
Council Agenda Statement
Meeting Date: July 13, 2015
Through: Jim Hunt, City Manage S,"
From: Kristin Erchinger, Finance Director
Agenda Item: Restore Full-Time Finance Position
BACKGROUND &JUSTIFICATION:
Until January, 2001, the City's finance department consisted of eight positions, including the Finance
Director, Controller, Accounting Technicians (payroll, accounts payable, accountant), Utility Billing,
Cashier/Receptionist, and Purchasing/Benefits Clerk. In 2000, the former Finance Director was
transferred to the city manager's department,and the finance department lost one full-time position when
the Controller and Finance Director positions were combined, leaving the department with seven
positions.
At the time of the staffing reduction, average staff tenure with the City finance department was 12.5
years;the current average is six years. In 2001, four staff had more than 12 year's tenure each;now two
have more than nine years and three have less than five year's tenure. In 2001, six staff had a combined
tenure with the City of Seward finance department of 75 years; today's combined tenure is 38 years. In
2001, total City-wide expenses were $17.6 Million and in 2013 were $37.3 Million, representing
increased workload.
With respect to the staffing reduction,the Finance Director expressed concern about the probable adverse
impacts of losing this important position, including: increased overtime, higher auditing costs, less
timely grant reporting and reimbursement, reduced collections on receivables, delayed financial
reporting, delays in completing the audit and the budget processes, and negative impacts on employee
morale. Despite these anticipated impacts,the Director expressed the willingness of staff to do their best
to manage with cut-backs until the department began to experience turnover, at which time it was
anticipated staff would be unable to manage the workload without restoring the position. Most of the
2001 concerns raised regarding adverse impacts have materialized--with the exception of delays in the
budget process2--and the time has come when staff is unable to adequately and timely manage the work
of the department without restoring this position.
In the past four years,the department has experienced turnover in all but one accounting position making
it difficult to train new staff and cover for employee leave time and position vacancies. The change in
longevity may be attributed,in part,to the conversion of the public employee's defined benefit retirement
system to a defined contribution system, where there is less incentive for employee longevity. The City
is receiving fewer qualified applicants for vacant positions,and the number of applicants with experience
and/or interest in governmental accounting is very sparse.
1 Excludes Finance Director
2 Likely due to the creation of a Biennial Budget process beginning in 2010, reducing staff time associated with budget preparation.
1
0 V�
In the past month,two finance staff have given notice of intent to retire and/or resign within the next few
weeks. In addition, pending retirements in the next few years necessitate the development of a glide
path to ensure stability of the department. Restoring this key position will allow for cross-training,
employee development, and an effective and efficient staffing transition plan.
INTENT:
To restore the previous Controller position eliminated from the budget in 2001, to be replaced by a full-
time exempt position titled Assistant Finance Director.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan(document source here): X
2. Strategic Plan(document source here): X
3. Other(list): X
FISCAL NOTE:
The anticipated range for this position is Range 20-23,consistent with the previous Controller position.
The conservative estimate of salary and benefits for this position is approximately $110,000 (estimated
hourly salary of between $28.22 and $32.73 DOE). This resolution appropriates $55,000 in salary and
benefit costs necessary to cover costs incurred to-date for conversion to a new financial accounting
system,covering for staffing shortfalls pending replacement of two to three position vacancies, summer
accounting assistance, and additional audit preparation costs associated with the delay in completion of
the annual audit.
Approved by Finance: ,) z
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
City Council approve Resolution 2015- ` authorizing the restoration of a position in the finance
department to be titled Assistant Finance Director, and appropriating funds.
City of Seward
Job Description
Job Title: Assistant Finance Director
Range: 20-23 Salary:
Department: Finance
Reports to: Finance Director Approved by:
Supervises: Accounting Technicians,Cashier/Receptionist Date:
Position: Regular,Full-time,Exempt
Summary:
The principal function of an employee in this position is to manage, direct and oversee the accurate recording of all
City receipts and expenditures,the preparation of monthly management reports,the proper valuation and recording of
all City assets,and preparation for the annual audit. This position has primary responsibility for the accuracy of all
accounting transactions of the City. The work is performed under the general supervision of the Finance Director but
a great deal of latitude is granted for the exercise of independent judgment and initiative. Direct supervision is
exercised over the work of the Accounting Technicians(4)and the Cashier/Receptionist. An employee in this position
performs the duties of other employees in the Finance Department as required or as assigned. In the absence of the
Finance Director,an employee in this position may temporarily assume full responsibility for the duties of the Finance
Director. The nature of the work performed requires that an employee in this position establish and maintain effective
working relationships with other Department and City employees,Council members,auditors,granting agencies and
the public.
Essential Duties and Responsibilities:
Develops,implements and manages fmancial accounting system and procedures consistent with GAAP,GASB, and
GAAFR;
Manages a reporting system to provide accurate,timely and complete financial and budgetary information to the City
Council,administration,and other users of such data who evaluate or audit the financial condition of the City;
Works with all City departments to ensure proper classification of expenditures,address questions regarding account
coding, encumbrances, and purchase order processing; and ensures accurate and timely recording of all receipts and
expenditures, including journal entries, accounts payable and payroll, in accordance with applicable legal
requirements;
Works with City auditors,banking officials,granting agencies and others to ensure accurate reporting of City revenues
and expenditures;
Prepares, analyzes, and interprets monthly fmancial reports for administration and department heads and ensures
accuracy of transactions recorded in same;
Assists with the preparation of the annual Comprehensive Annual Financial Report, with primary responsibility for
the Statistical Section and the Federal and State Single Audit;
Maintains,updates and modifies personnel budget spreadsheets to ensure the proper budgeting of personnel costs,and
assists Finance Director with publishing the preliminary and fmal budget documents;
Manages the fixed asset accounting and reporting for all City-owned assets, ensures assets are properly valued,
recorded, disposed, tracked and accounted for. Ensures compliance with internal control processes and procedures
aimed at safeguarding City assets,and recommends changes as necessary;
Allocates general liability,property,auto,heavy equipment,travel,and other insurance costs for all City departments
based on pro-rata underlying cost allocation metrics;
Assistant Finance Director
Job Description
Page 2
Manages financial accounting for all City-owned vehicles and equipment in the Motor Pool Internal Service Fund,
including the pro-rata equity share of each department within the Fund;
Conducts the City's internal cost allocation,including allocation of general administrative costs to grants,and internal
enterprise fund cost allocations, with primary responsibility for understanding and properly implementing cost
allocation principles;
Reconciles investment accounts and accounting entries,including computation of Fair Market Value of investments;
Reviews reconciliation of all Funds and preparation of all audit work papers of the City in preparation for the annual
audit;
Serves as personnel officer for departments and/or staff as assigned;
Makes analyses, studies and projections as required. Assists in researching various user fees, charges,rates and rate
structures.
Recommends revisions to, and revises,the accounting, financial and operating Policies and Procedures manuals for
the Finance Department.
Provides needed information and demonstrations concerning how to perform certain work tasks to new employees;
trains,assigns,prioritizes,supervises,motivates and evaluates the work of assigned employees;
Communicates and coordinates regularly with other departments to maximize the efficiency and effectiveness of
interdepartmental operations and activities;
Acts as Finance Director when requested.
Performs other duties as assigned.
Supervisory Responsibilities:
Exercises supervision over the Accounting Technicians and Cashier in the Finance Department under the general
direction of the Finance Director. Carries out supervisory responsibilities in accordance with the organization's
policies and applicable laws. Responsibilities include interviewing, recommending hiring, and training employees;
planning,assigning and directing work;appraising performance;addressing complaints and resolving problems.
Qualification Requirements:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Education and/or Experience:
Bachelor's degree from college in accounting, business administration, or public administration; and five years'
experience in governmental accounting or public accounting with supervisory responsibility; or equivalent
combination of education, experience and training which provides the knowledge, skills and abilities necessary to
perform the work. Possession of additional certification as a Certified Public Accountant or Certified Management
Accounting in the State of Alaska,or a Certified Public Accounting candidate,preferred. Significant public
accounting experience is a requirement of this position.
Assistant Finance Director
Job Description
Page 3
Language Skills:
Sufficient clarity of speech and hearing or other communication capabilities, with or without reasonable
accommodation,which permits the employee to communicate well with others. Ability to read,analyze and interpret
common technical journals, fmancial reports and legal documents. Ability to appropriately respond to common
inquiries or complaints from citizens,regulatory agencies or members of the business community. Ability to prepare
presentations,write speeches and produce legislative documents that conform to prescribed style and format,suitable
for municipal government purposes. Ability to effectively present information to City administration,public groups
and City Council. Ability to effectively train others in the use of complex financial accounting systems,processes,
and methods.
Mathematical Skills:
Ability to add,subtract,multiply and divide,using whole numbers,common fractions,and decimals. Ability to work
with mathematical concepts such as probability and statistical inference. Ability to apply concepts such as fractions,
percentages, ratios and proportions to practical situations. Ability to use complex spreadsheets, import and export
data, prepare graphs, and develop spreadsheet models involving complex mathematical functions. Ability to
determine appropriate accounting for financial transactions, ensuring debits and credits are properly computed,
documented,and recorded.
Reasoning Ability:
Ability to define problems,collect data,establish facts,and draw valid conclusions. Ability to interpret an extensive
variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables.
Other Skills and Abilities:
Comprehensive knowledge of Generally Accepted Accounting Principles (GAAP), Government Accounting
Standards Board (GASB) standards, and Government Accounting, Auditing, and Financial Reporting (GAAFR)
standards;
Thorough knowledge of Fund accounting, public accounting, grant accounting, auditing and financial reporting
requirements;
Thorough knowledge of the legal requirements of municipal government and public finance, including accounting
principles,practices and procedures and internal controls;laws,ordinances and rules governing municipal purchasing
and payroll;principles of business management,and budgetary control;
Ability to apply generally accepted accounting practices and judgement to the work performed;
Ability to communicate well with others to secure cooperation and efficient coordination in conducting the work of
the finance function,and to establish and maintain cooperative relations with those contacted in the course of work;
Good knowledge of data processing technology as applied to financial,accounting,and auditing functions;
Ability to analyze situations accurately and take prompt,effective action;
Ability to effectively and cooperatively plan,direct and coordinate the work of others;
Ability and willingness to quickly learn and to put to use new skills and knowledge brought about by rapidly changing
information and/or technology and to operate complex computer systems using standard and customized software
applications including spreadsheets, word processing, graphics, accounting, cost allocation and other applications
appropriate to the assigned task;
Ability and willingness to identify and correct errors;
Assistant Finance Director
Job Description
Page 4
Ability to interpret complex fiscal reports and records, analyze financial data, and determine appropriate accounting
methods and treatment for a wide variety of investment,capital financing,accounting,budgeting,and other financial
transactions,and to prepare timely,accurate,concise and reliable reports containing facts, findings, conclusions and
recommendations;
Ability to communicate well with others orally and in writing,using both technical and non-technical language;
Ability to understand and follow oral and written policies,procedures,and instructions;
Ability to perform a wide variety of complex duties and responsibilities with accuracy and speed under pressure of
time-sensitive deadlines;
Ability to work independently and exercise initiative, and to produce accurate, reliable analyze administrative
problems and make appropriate recommendations;compile budget estimates.
Ability to work cooperatively and effectively with managers, administration, customers, vendors, auditors, other
government agencies,elected officials,and the public.
Ability to maintain confidentiality.
Physical Demands:
The physical demands described here are representative of those that must be met by an employee to successfully
perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
While performing the duties of this job,the employee is regularly required to sit;use hands to finger,handle or feel
objects,tools or controls;reach with hands and arms;talk and hear. The employee is occasionally required to stand;
walk; and stoop, kneel, or crouch. The position requires: sufficient vision or other powers of observation, with or
without reasonable accommodation, which permits the employee to use a computer screen and calculator to process
numeric data; sufficient manual dexterity with or without accommodation, which permits the employee to operate a
computer keyboard and access files; and sufficient personal mobility and physical reflexes, with or without
accommodation,which permits the employee to move about in an office environment.
The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 25 pounds.
Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to
adjust focus.
Public Relations:
Public relations shall be an integral part of each employee's job. Employees shall be courteous,helpful and conduct
themselves in a manner which is appropriate for an employee in public service.
Work Environment:
The work environment characteristics described here are representative of those an employee encounters while
performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The
stress level in the work environment is generally high,with time-sensitive deadlines and high workloads.
39
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
CALL TO ORDER
The June 22, 2015 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Finance Director Kris Erchinger led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda
Christy Terry David Squires
Dale Butts Iris Darling
comprising a quorum of the Council; and
Kris Erchinger, Finance Director
Johanna Kinney, City Clerk
William Earnhart, City Attorney
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Tim McDonald loved Seward and was interested in the policies of the city. He noticed a
new automatic electrical rate from Chugach Electric Association was to be imposed in the near
future. These rate increases happened from time to time, but noted the management of the city's
assets could be better. McDonald did not understand the shipyard change in ownership. The sale of
Seward Ship's Drydock to Vigor Alaska was transferring city assets,which should have been done
publicly and not privately. He objected to the handling of the city assets when rates were going up
and thought the city was doing a poor job of it.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Terry/Casagranda) Approval of Agenda and Consent Agenda
Resolution 2015-058 was pulled off the consent agenda by Darling.
Terry added re-scheduling the work session to discuss the possible Seward Community Health
Center/Providence Expansion Project under Other New Business Items.
Keil added Resolution 2015-059 to the consent agenda with no objection from council.
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
Terry added re-scheduling the work session to review the 2014 audit under Other New Business
Items.
Terry added discussing the June 29, 2015 Work Session on the city's policy on nominating public
property for disposal or acceptance under Other New Business Items.
Terry added a City Attorney's Report under Special Orders, Presentations and Reports.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2015-059,Accepting Grant Funds In The Amount Of$50,000.00 From The Kenai
Peninsula Borough For The Update Of The Seward Comprehensive Plan And Appropriating
Funds.
Approval of the May 26,2015 and June 8, 2015 Regular City Council Meeting Minutes.
SPECIAL ORDERS,PRESENTATIONS AND REPORTS
Proclamations & Awards
Presenting R/V Sikuliaq with gift from the City of Seward.
Chamber of Commerce Report. Cindy Clock reported the Halibut Tournament was
gaining momentum and today a 291 pound halibut was caught and took the lead.There were still 40
tagged halibut out there and no tagged fish had been brought in yet. The vendor spaces were almost
all booked for the Fourth of July Festival. As of today,the State Fire Marshal was planning to allow
permitted fireworks shows despite the statewide ban on the sale and discharge of fireworks due to the
many wildfires occurring throughout Alaska. This year, Seward would celebrate the 100 year
anniversary of the Mount Marathon Race. To make it more exciting, another race up Mount
Marathon would be occur on July 5, 2015 as part of Expedition Alaska's 400 mile adventure race.
Clock stated the Chamber of Commerce continued to work with the city in economic development
efforts. The Kenai Peninsula Economic Development District published the 2015 Situations and
Prospects book, which contained good information and could be found on their website. The
chamber's remodel project was finished. It improved the chamber's curb appeal and it had been a
wonderful project done locally. Clock stated it had been fantastic to work with Harmon
Construction.
City Manager's Report. Kris Erchinger said one purchase order between $10,000 and
$50,000 had been issued and approved by the City Manager since the last council meeting, which
was$30,000 to Harmon Construction for the repair and replacement of sidewalks in the downtown
area. Erchinger stated administration had been actively participating in discussions with the State of
Alaska regarding the community jail contracts. Seward was facing a 45% cut in funding which
equated to approximately $287,000. Erchinger said the city would have to cut about $195,000 if
these budget cuts moved forward as planned.
� \
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
The Finance Department finished two additional audits initiated by the Public Employees
Retirement System(PERS)and the Social Security Administration. Erchinger had never seen either
audit occur in her time with the city,but she was pleased to say both audits went well.There was a
tentative rate increase coming forward from Chugach Electric Association, but the amount of the
increase was not known yet. Erchinger would inform council as that information was determined.
She was working with a contractor to revisit the idea of a seasonally modified electrical rate and was
prepared to have more information in the upcoming budget process for the 2016-2017 budgets.
In the Public Works Department,the sludge removal project was completed mid-June. The
Alaska Department of Environmental Conservation came in to do final inspection. Staff was now
soliciting quotes to repair cell one of the Lowell Point Sewage Lagoon which had been drained and
would hopefully be repaired next week. The sewage lagoon at the Seward Marine Industrial Center
(SMIC)was filling back up as well.
In response to Keil, Erchinger confirmed that the city would not have to do a termination
study for any positions as long as they kept a jailer or two.
Terry requested an update and timeline for the Seward Air Force Recreation Camp lease
termination. She knew there were many paving projects planned around town for next summer,but
she hoped the city could put Dora Way high on their priority list. Terry asked for an update on the
abatement letters that had been sent out. She had heard there was some confusion on appeal
language as well as incorrect contact information.
Casagranda asked where the City Manager was this evening;Erchinger stated she was asked
to fill in as he was not sure he'd be back in time. Terry stated for the record that council had made a
determination that they be made aware by email when the City Manager wasn't going to be at a
meeting. She wanted to make sure that was still the understanding of council to continue that
directive.
Bardarson was still hoping the city paving project could happen this fall. She was told some
companies could still pave this fall.
Keil said she'd received comments about employees smoking in city trucks, and asked that
the city's No Smoking Policy in city vehicles be reiterated.
City Attorney Report. Will Earnhart stated he attended the last council meeting and gave
a report at that time. Earnhart would not be able to attend the July 13, 2015 meeting, so he was
attending tonight's meeting. He had been working on bid and contract issues for the city. Earnhart
was preparing a memo regarding land use for council in preparation for the work session on June 29,
2015,which he would be in attendance for. He noted that on all of the leases he had reviewed there
was a provision that rent automatically increased or decreased based on inflation and every five years
an appraisal was done, so the rate on a 99 year lease was not going to be the same amount.
Squires asked about lease requirements for utility connections. Earnhart confirmed lessees
did not have to hook up to utilities. Squires said he had concerns with entering into long term leases
that didn't require utility hook ups. Earnhart said it would be logical to include a provision requiring
42-
City of Sewar4 Alaska City Council Minutes
June 22, 2015 Volume 39,Page
utility connections in the code,but emphasized the council could require all leases to include this.
Terry said they should add that to the list of things to discuss at the work session next week.
In response to Terry,Earnhart said there were no cases of threatened or potential litigation at
this point.
Other Reports, Announcements and Presentations —None
PUBLIC HEARINGS
Resolutions Requiring A Public Hearing
Resolution 2015-057, Recommending Kenai Peninsula Borough Approval Of The Benny
Benson Park Replat Which Establishes The Outer Boundaries Of The Benny Benson Park,
Includes The Vacation Of All Interior Undeveloped Rights-Of-Way,Easements And Interior
Platted Lot Lines; Dedicates Additional Rights-Of-Way And Easements; Located
Predominately Within The Park Zoning District.
Motion (Terry/Keil) Approve Resolution 2015-057
Bardarson stated for the record she owned property next to this area.
Erchinger said all property owners were notified of this replat and the Planning and Zoning
Commission held a public hearing to request council recommend this action to the borough.
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.
Keil said this was a project that had been in the works for a long time and it was a good
recommendation.
In response to Casagranda,Erchinger did not believe this replat had anything to do with the
goal of running electrical lines under the lagoon; it was a project that had been on a project list to
protect the area for future development. It was another clean up item that Community Development
was tasked with doing, one area at a time.
In response to Squires,Erchinger believed the right of way for Dairy Hill to be 60 feet. City
Planner Donna Glenz pointed out the areas in question on the maps provided, showing the
proposed extension of Dairy Hill and Chamberlain Road. A lot of the area in question was not a
platted right of way, which caused many people to drive on what should be considered private
property. Dairy Hill's right of way would be approximately 60 feet wide. Chamberlain Road had
parts currently with only a 30 foot right of way, but this resolution would get most areas up to 50
feet, which was the right of way standard. In response to Squires, Glenz stated there would be no
physical change to the land itself and would not affect the culverts recently put in that area. This
changed the platting lines for things like legal snow removal. Glenz confirmed a side walk could be
put in with this additional space in the future.
lij
City of Seward,Alaska City Council Minutes
June 22,2015 Volume 39,Page
In response to Butts, Glenz said Community Development and the Planning and Zoning
Commission only received calls and comments in support of the replat. Four public members
abutting the property all supported the recommendation once their questions were answered.
Motion Passed Unanimous
UNFINISHED BUSINESS
Items Postponed From Previous Agenda(*Clerk's Note: This resolution was postponed from
the May 26, 2015 meeting and was requested to come back for an additional public hearing.)
Resolution 2015-045, Authorizing The City Manager To Enter Into A Lease Amendment
With Alaska Logistics LLC For Lot 2,Block 3 Fourth Of July Creek Subdivision,Seward
Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording
District, Third Judicial District, State Of Alaska. (original motion made by Terry and
seconded by Darling)
Keil declared her husband worked at Alaska Logistics and asked for a ruling on a possible
conflict of interest. Bardarson did not find a conflict existed and there was no objection
from council.
Erchinger said the original lease for this was five years and this resolution extended the
lease to 99 years. Alaska Logistics was currently paying approximately$13,000 per year in lease
rates. Effective July 1, 2015,that rate would go down based on inflation. Erchinger noted there
was substitute language for consideration in the council agenda packet that included a new section
1.7 regarding development of leased land.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Tim McDonald was disheartened by hearing little discussion of the council on this issue
before the public was allowed to speak. He stated he didn't have the same package the council had
and believed the public should be able to hear council's discussion first and then be allowed to
provide public comments. Speaking to the resolution, McDonald did not have any idea where the
justification of a 99 year lease came from. He knew from the lessee's standpoint, the justification
was to be able to get financing easier,but financing on business loans was not that long,usually 30
to maybe 50 years. McDonald felt the city and Alaska Logistics didn't need a 99 year lease. $1,000
a month was not enough to charge them,either. This was another transfer of assets to private entities
that was a detriment to the City of Seward. McDonald stated so many things could happen in the
next 100 years;it seemed too extreme to allow for this and thought there should be an investigation
on this.
No one else appeared to address the Council and the public hearing was closed.
Keil stated the public always had access to the same agenda packet the council had.
City of Seward, Alaska City Council Minutes
June 22, 2015 Volume 39, Page
Terry asked the attorney that if Alaska Logistics wanted to transfer their lease would that
have to go to council for approval. Earnhart said that was correct. He repeated his earlier comments
that the lease payment was based on an appraisal of the value,which would increase or decrease each
year based on inflation, and then every five years the property was appraised so that was another
possibility for the lease rate to change.
Butts liked how the new language proposed changes be brought back to the council. Butts
said this was not transfer of assets; the city was not giving anything to anyone that could be resold.
Motion to Amend (Terry/Casagranda) Amend Resolution 2015-045 by
substitution, incorporating a new "Article
1.7— Development of Leased Land" in the
proposed lease extension and amendment.
City Clerk Johanna Kinney read into record the new language of the proposed amendment by
substitution:
"ARTICLE 1.7 Development of Leased Land
LESSEE shall continue to operate a vessel storage and maintenance facility through the term
of the lease. LESSEE understands that construction and operations of its marine-related
business is a major consideration for the CITY's agreement to the lease the Leased Land to
LESSEE.LESSEE shall not operate any other unrelated business on the Leased Land without
the consent of the CITY.
a) CITY may withhold its consent as to any proposed business or activity which, in
CITY's sole discretion,is not desirable or compatible with the CITY's operation of the
Seward Marine Industrial Center.
b) In accordance with the provisions of Article 12, no assignment or sublease shall be
permitted,unless approved in writing by CITY.Any sublease shall be expressly subject
and subordinate to this Lease and the rights of the CITY hereunder. The CITY may
elect not to approve any proposed assignment or sublease that might result in a
business or activity that, in the CITY's sold discretion, is undesirable and/or
incompatible with the CITY's Seward Marine Industrial Center."
Casagranda asked if the term "CITY" meant the City Council or City Administration.
Earnhart and Kinney stated in some cases it could mean council and in some it could mean the City
Manager. Casagranda was concerned with who was able to make decisions on behalf of the city.
Earnhart said changing the "CITY" definition to be only the City Council would have a
tremendous impact on the lease and he believed some of the things should and could be done
administratively.
Motion to Amend Passed Yes: Squires, Keil, Darling, Terry, Butts,
Bardarson
No: Casagranda
City of Seward, Alaska City Council Minutes
June 22, 2015 Volume 39, Page
Squires restated his concerns on the lack of required utilities. Right now,this company was
not connected to water, sewer,or electric. Harbormaster Norm Regis confirmed that,and added
that Alaska Logistics was in communication with the City Electric Department to hook up electricity.
Squires said in the past,council did not want to sell property at the Seward Marine Industrial
Center(SMIC)because of the development proposed there and to avoid contradicting the future plan
to be drafted by the Alaska Industrial Development and Export Authority(AIDEA). Because of this,
the city chose to lease land instead. Squires asked how this 99 year lease could affect the SMIC
development plan.Erchinger thought there was concern about the land at SMIC being purchased and
then not being used for compatible purposes,so the current plan was to lease the land with criteria to
allow for certain uses. By doing this,the city was more protected than if they sold.
Keil agreed with Erchinger that it was a marine related business, which was the plan for
developing SMIC just like the recent long term lease for a storage facility with Hannon Properties
LLC in SMIC.
Erchinger said the lessee would pay property taxes on the land. The land was evaluated for
value on a consistent basis so the pricing was always fair. Erchinger stated it was advantageous for
the city because they were getting property tax, improvements, and lease payments.
Darling asked who set the 8% for leasing. Council had set that rate as a policy in the past.
There had been discussions on increasing,but at the time the market was telling the city that 8%was
thi
reasonable and the appraisers were'recommending the 8%rate as well.
Motion to Amend (Terry/Keil) Amend Resolution 2015-045, Section 2:
"The City Manager is authorized to execute
the lease amendment with Alaska Logistics
LLC in substantially the form as presented
at-this-meeting attached."
Motion to Amend Passed Unanimous
Motion to Amend (Terry/Casagranda) Amend Resolution 2015-045, by creating a
new Section 3:"Assignments and subleases
shall be approved by the City Council."
and renumbering the existing sections
accordingly.
Casagranda requested for future cases, if there were amendments proposed to a lease the
attorney previously reviewed, amendments to that lease should also receive attorney review.
Keil added it was her hope to have some cost control to not have the attorney review
everything.
Motion to Amend Passed Unanimous
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
Earnhart said they should look at this issue more thoroughly at the work session next week as
the city lease policy said the attorney should review all leases.
Main Motion Passed Yes: Casagranda, Terry, Butts, Darling,
Keil,Bardarson
No: Squires
NEW BUSINESS
Resolution 2015-058, Authorizing The Discharge Of Fireworks By The Chamber Of
Commerce During The 2015 Fourth Of July Celebration.
Erchinger said this was an annual tradition in Seward. The city was well aware of the danger
of fireworks,especially this year with the multitude of wildfires across the state and on the peninsula.
The proposed show was planned for the uplands and permitted by the State of Alaska. If the State
Fire Marshal was not willing to allow the show to continue the city would not allow the discharge,
but at this point it was allowed by the state. The city would do their best to be as safe as possible.
Darling stated she pulled this off the consent agenda because of all the major wildfires
occurring right now. She thought as a community they should forgo the show this year. She
couldn't support fireworks this year.
Fire Chief Edward Athey assured Darling that safety was the city's first and foremost
priority. At this point,the State Fire Marshal's intent was to allow all permitted shows to continue,
and this was a state permitted show. Athey was confident of the safety of this show because the city
probably had the best location in the state. It took place on the South Harbor Uplands and the
fireworks were angled over the water. He emphasized the city was very diligent about this process.
Terry asked, if the road to the uplands was closed, could people be allowed to access their
boats by foot traffic. Athey stated the city tried to maintain a 300 foot perimeter to keep the public
back but still allowed foot traffic on the north end of the uplands so people could access their vessels.
Darling agreed the city did a great job with safety, but they couldn't control everyone and
consumer use could happen if the public saw the show happening, even though this show was
permitted. Athey agreed, and said that was also a concern of his. He hoped with this renewed
information and the ban in place,people could enjoy the show and not discharge their own fireworks.
Bardarson checked the weather and rain was coming. She supported this and thought they
should let the experts decide if they could or couldn't have a fireworks show when the time came.
Squires asked Athey if,in the order issued by the State Fire Marshal,there were any citations
for individuals caught shooting off fireworks. Athey said it did not, but they could get that
information. In response to Squires, Police Lieutenant Doreen Valadez said the police had the
ability to make a citation of discharging fireworks to mandatory court.
Motion Passed Yes: Terry, Keil, Casagranda, Squires,
Butts,Bardarson
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
No: Darling
Council recessed at 8:21 p.m.
Council resumed at 8:25 p.m.
Other New Business Items
Discuss Mayor's visit to Ketchikan for Alaska Municipal League Summer Legislative
Conference. August 19-21,2015. (Bardarson)
Casagranda wondered if the City Manager would be attending. Council thought it would be
worthwhile for the mayor to attend: Bardarson stated she would look into attending.
Reschedule the work session to discuss the possible Seward Community Health
Center/Providence Expansion Project under Other New Business Items.Terry requested a land
use map and a flood hazard map to be available. Erchinger added it was not the administration's
intent to schedule a work session around the due diligence questions submitted by the Seward
Community Health Center(SCHC)Board. They were important questions,but the city determined
they could not in short answer simply answer those questions. She felt at this point, the main goal
was to make sure public had an opportunity to weigh in on the issues beyond the SCHC's grant
application. Erchinger personally felt that the community needed to have a broader conversation
about expanding the hospital before any grant opportunities arose. It was unlikely administration
would ask for council support in pursuing grant support at this time. Staff would do their best to
answer questions, but didn't want to push the community and council into a decision that was so
large in nature.
Keil wanted staff and council,to look at the possibility of adding health care needs in the new
Seward Comprehensive Plan. That would be a great forum for this conversation.
Casagranda thought it didn't do any harm to be supplied with as much information as
possible at this work session, since they didn't make any decisions at work sessions. She'd like to
see what Terry was asking for as well. Terry reiterated she wanted to see ownership maps and
FEMA flood hazard maps to look at the hazards for the community as a whole.
Butts hoped the City Manger was looking at the information packet they received last week.
As much information they could have at the meeting would be best,as that information could steer
the conversation. Erchinger's expectation was trying to come up with a broader road map for future
dialogues to answer the questions addressed by the SCHC and other questions. This would be a
broader process than originally anticipated. She emphasized staff would not have all the answers to
the SCHC's questions at this time.
Squires asked if the proposed plan for expansion had changed. Erchinger said staff would be
talking specifically about the information proposed by the SCHC and Providence at the March 23,
2015 work session. As far as the project was concerned, staff had come to the consensus that a$4
million project was not something they could support as there were concerns about getting
reimbursed by the state for repayment. The larger$8 million proposed project would be the city's
focus.
City of Seward,Alaska City Council Minutes
June 22, 2015 Volume 39,Page
Terry said the slides from the March work session with Providence and the SCHC would be
helpful,too.
Council rescheduled this work session to Tuesday,June 30, 2015 at 5:30 p.m.
Reschedule the work session to review the 2014 audit.Erchinger explained her staff was having a
hard time working through this audit with the new finance software. Because of this,she could not
respond timely to auditors requests. She was also dealing with staff shortage issues and said they
didn't have the manpower. Right now her department was unable to keep up with the work, but
doing the best they could. Currently the financial reports and the audit results to council were late.
Erchinger she did not think they would be ready in four weeks, but hoped to be ready by August.
She would communicate with council as they knew more. She apologized for her and her staff.
Council did not reschedule the work session.
Discussion of the June 29, 2015 Work Session on the city's policy on nominating public
•
property for disposal or acceptance under. Terry stated she had to work until 7:00 p.m.on June
20,2015. Council changed the time of the work session to 7:00 p.m.
Terry thought at the work session, council should discuss Resolution 1994-101,which was
the current city land disposal policy. She asked the council if there were other things they should
review. Squires stated he wished tQ look at how the city acquired property,too. He wanted a more
established procedure if the city were to accept property or not and they should have conditions.
Terry said staff had full size maps for city owned property,so it would be nice to have one or
two available for the work session. Butts added the Land Use Management Plan would also be
helpful.
INFORMATIONAL ITEMS AND REPORTS
Support Letter for Federal Recognition of Qutekcak Native Tribe.
COUNCIL COMMENTS
Keil emphasized the importance of attending a council scheduled work session. It was
inconvenient and embarrassing when council didn't have a quorum and hoped council could do their
best with this.
Terry appreciated all the businesses in Seward operating in the thick of the summer. She'd
heard from visitors how great Ylw'customer service was in Seward.
Butts added a safety note,about pedestrians; there was increased foot traffic and asked the
public to please be careful. He wished everyone a Happy Fourth of July. He gave an update on the
Cooper Landing Fire which he'd just returned from. Seward crews were to be relieved tomorrow
and newer crews would be working on the Card Street Fire in Sterling. Butts wished them the best
and to be safe.
City of Seward, Alaska City Council Minutes
June 22, 2015 Volume 39, Page
Squires thanked the Seward community and the communities of Cooper Landing, Sterling,
and Soldotna. Crews fighting fires received a lot of support from these communities. Squires asked
administration to inquire to the Alaska Department of Transportation if they could have a cross walk
or some kind of safety device near or around the Napa store near Phoenix and the Seward Highway.
The city needed to do something for the safety of the community at this area,and currently it was not
safe.
Erchinger said the City Clerk's office provided packets ahead of time both electronically and
in hard copy.
Bardarson thanked Erchinger and her department for persevering through the change of their
new program and staff. She wished everyone a safe and Happy Fourth of July.
CITIZEN COMMENTS —None ,
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Terry stated she would not be at the July 13, 2015 meeting. She added there was an
underpass on the Seward Highway, but her kids didn't use it because it was not safe under there.
ADJOURNMENT
The meeting was adjourned at 8:59 p.m.
Johanna Kinney, CMC Jean Bardarson
City Clerk Mayor
(City Seal)
RECEIVED
CITY OF SEWARD, ALASKA
APPLICATION FOR THE MAY 14 2015
SEWARD HISTORIC PRESERVATION COMMISSIO OFFICE OF THE
CITY CLERK
NAME: S Qj2J& )
i
STREET ADDRESS: �r`7 1 D '`�' �&dar oeboa,v-cP Roach
rqutsird bier
MAILING ADDRESS: F 0 801( 302. . c&roe-3 a eptiatidn
E-MAIL ADDRESS ` a • < o'd • / D L I VVY 5' lit 15
X51*met
HOME TELEPHONE: 40 360 /29 6 i)ir '016
LENGTH OF RESIDENCY IN THE SEWARD AREA: =Q--A- Ca;r Meil
PRESENTLY EMPLOYED AS: 6// recce
List any special training, education or background such as grant writing, history, architecture, or
archeology, which may help you as a member of the Commission:
4aid2-1,40gv, - cr4z6L-era_L cv/l'e e ecurSes ,
Ottirrez--6 in e '/Coen-n i sS c0�er Oh. h/F C.rrnrn,SS ° A 17
Have you ever been involved in any aspect of historic preservation? If so, briefly describe your
involvement:
Ourre in em Otts r IL 6'e v VA 5110-�
I am specifically interested in serving on the Historic Preservation Commission because:
rza ZIWO/1e)/-)/en it L/eSi'e 77 preset-VP_i
Se boa rd_s e zZura", /1«.6 r
Have you ever served on a similar commission elsewhere?64 or No
If so, where? 6e- 1ACL And when? Cuvi"ei,
If appointed, are you willing to:
• Do historic research? E NO
• Work on preparing grant applications? NO
• Work on writing historic register nominations? 67 NO
• Attend historic • eservation workshops? YES)NO
SIGNATURE DATE
r• ■1
■
•
PROCLAMATION
Spring Creek Correctional Center started the Employee of the
Month and Employee of the Year program in 1991 to show appreciation and
recognize those who display high levels of professionalism; and
WHEREAS, Bruce Wardle, Correctional Officer II, was chosen as Spring
Creek Correctional Center's 2015 Employee of the Year; and
'WHEREAS, Wardle's dedication to Spring Creek Correctional Center and
to the Department of Corrections is commendable and deserves recognition; and
'WHEREAS, Wardle will be honored at a luncheon at noon on Friday, June
19, 2015 at the Peking Restaurant for this great achievement.
NOW THEREFORE, I, Jean Bardarson, Mayor of the City of Seward,
Alaska, do' hereby recognize and congratulate Bruce Wardle on this fine
accomplishment as
SPRING CREEK CORRECTIONAL CENTER
EMPLOYEE OF THE YEAR FOR 2015
Dated this 19' day of June, 2015.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
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