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HomeMy WebLinkAbout06132016 City Council Packet Seward City Council Agenda Packet . h - . a . , al _.... , trs __ ..4 . 4‘..,,, D ..... ,....riri. ay June 13, 2016 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA ,°� AlFANNINd 47 � II F {Please silence all cellular phones during the meeting} /Cq • June 13, 2016 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2017 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2016 speak Time is 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, the item is David Squires returned to the Regular Agenda] Council Member Term Expires 2017 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Dale Butts A. Proclamations and Awards Council Member Term Expires 2016 1. Proclamation for Spring Creek Correctional Center Employee of the Year Jeremy Sandy . Pg. 3 Sue McClure Council Member B. City Manager's Report Pg. 4 Term Expires 2017 C. City Attorney's Report Pg. 8 D. Other Reports and Presentations Deborah Altermatt Council Member 7. PUBLIC HEARINGS Term Expires 2017 A. Ordinances for Public Hearing and Enactment James Hunt City Manager 1. Ordinance 2016-002, Amending Portions Of Seward City Code § 7.10.135 Pg. 9 Johanna Kinney City Clerk Will Earnhart City Attorney City of Seward,Alaska Council Agenda June 13, 2016 Page 1 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Ordinances For Introduction *1. Ordinance 2016-003, Amending The Zoning Map Designation Of Lots 11 And 12, Block 7, Federal Addition, From Single Family Residential (R1) To Two-Family Residential (R2) In Compliance With The Land Use Plan, Located At 700 Second Avenue Pg. 13 *2. Ordinance 2016-004, Amending Portions Of Seward City Code § 2.05.035, Denial Of Request; Appeal, To Establish A Customary Timeline To Appeal The Denial Of A Request For Information Pg. 24 *3. Ordinance 2016-005, Amending Portions Of Seward City Code Titles 8, 9, And 15, Regarding Requirements And Standards For Commercial Marijuana Establishments In The City Of Seward Pg. 27 B. Resolutions *1. Resolution 2016-038,Amending The City Council Rules Of Procedure To Incorporate A Mobile Use Device Acceptable Use Policy And To Clarify Electronic Communications As It Pertains To Public Meetings Pg. 37 *2. Resolution 2016-039, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2016 Fourth Of July Celebration Pg. 44 C. Other New Business Items 1. Vote to appoint two candidates to the Planning and Zoning Commission with a term expiring February 2018 and a term expiring February 2019. Applicants are: Carol Griswold, Craig Ambrosiani, and David Carlton. . Pg. 51 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)—None 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda June 13, 2016 Page 2 r.. • .� PROCLAMATION WHEREAS, 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, Jeremy Sandy, Correctional Officer II, was chosen as Spring Creek Correctional Center's 2016 Employee of the Year; and WHEREAS, Sandy's dedication to Spring Creek Correctional Center and to the Department of Corrections is commendable and deserves recognition; and WHEREAS, Sandy will be honored at a luncheon at noon on Friday, June 24, 2016 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 Jeremy Sandy on this fine accomplishment as SPRING CREEK CORRECTIONAL CENTER EMPLOYEE OF THE YEAR FOR 2016 Dated this 13th day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor :. 3 'J 1 1,1 Jim Hunt Cit Manager CITY OF SEWARD y g P.O. Box 167 Telephone (907) 224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT May 14, 2016 thru June 3, 2016 The following purchase orders for between$10,000 and $50,000 have been approved by the City Manager since the last council meeting: P&R METCO 20,000.00 D-1 Grading, Concrete blocks, construction mat Roads & Streets McKenna 33,800.00 Repave patches of pavement Campgrounds T2 Systems 32,957.01 Luke pay stations Electric EPC 17,100.00 Ft Raymond LTC Repair ADMINISTRATION • Attended Harbor Opening Weekend • Attended the National Park Service Mural unveiling • Attended the AOGA 50th Anniversary Celebration & Conference • Attended the National Fund for Workforce Solutions Conference • SMIC weekly teleconference • APUIT Trust teleconference • Attended the Providence Alaska Region Community Ministry Board and Seward community meeting • Meetings with multiple department heads FINANCE • The finance department and the auditors have incorporated Providence Seward's financial statements into our Comprehensive Annual Financial Report and are in the final stages of review. We are now awaiting the State of Alaska's allocations of pension liabilities as required by the new Governmental Accounting Standards Board Statement 68; this will allocate a proportionate share of unfunded pension liabilities from PERS, to the City's balance sheets, increasing long-term liabilities related to the General Fund and enterprise funds. The healthcare component of PERS liabilities will not be allocated until next year's financial statements, in accordance with GASB guidelines. The State of Alaska expects delays in their release of this data, until mid-June or so, which necessarily delays all of the financial statements for all local government entities which rely on this data for their own financial statements. The governmental entities in Alaska who have a June 30 year-end experienced significant delays in getting their financial statements out this year for the same reason; the CAFR cannot be finalized until the State provides the required data. Now the December 31 year-end cities are experiencing similar delays. Once we have the data we will notify Council and will schedule the annual audit work session and presentation at a regularly scheduled council meeting. • The finance department expects to be fully staffed within the next two weeks or so, as we complete hiring for the utility billing function. Staff are doing a great job of cross-training and transition planning. We are developing desk manuals to simplify training and to provide smooth transitions for position vacancies in the future. Staff are excited about new software upgrades we have experienced in the past few months, which have increased efficiency and simplified new user training. We received financial report writing training for the first time last week, so we expect to improve the usefulness and timeliness of our financial and budget reporting capabilities going forward. • The summer seasonal utility rates will be effective May 1, so utility bills coming out at the end of May will incorporate the lower winter rates for the period April 15 to April 30, and the higher summer rates for the period May 1 through May 15. Seasonal rates are only in effect for small general service customers (small businesses), and residential customers. The intent of the seasonal rates is to reduce the winter rates when folks have higher utilization, to provide rates relief for year-round customers. HARBOR • We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project on 5-19-2016 and 5-26-2016. • Hamilton Construction is continuing to stockpile rock in Kodiak • Finishing up closing out the A, B, and C float replacement project. • The slip holders have started returning to their slips. • Harmon construction has finished constructing the fish cleaning station; the project completion report will be done soon for your review. • The harbormaster has authorized overtime hours for boat lifts (which the vessel owner pays for) that have gone pass regular working hours, office staff members were authorized overtime for being short staffed. • The island in front of the Park Service building has been removed and has been paved. (thank you street department) • The B-float approach area has been paved. • The trip hazard(sink hole) in front of Aurora charters has been fixed and paved. ELECTRIC • Number of outages/trouble calls in May: 3 Number of new Job Orders started since Jan. 1, 2016: 22 • Update on the Snow River Project: Engineering and Permitting are in progress, field surveys were completed the week of 5/16-5/20. Geotech is scheduled for the week of 5/23-5/27. The data from the survey is being compiled as is the Geotech data following the field work. • Application to DOT for undergrounding the line on the Seward Highway next to the Lagoon has been submitted. We expect to have a response within six weeks. • Once materials have been received, the electric crew will work to finish the Camelot Subdivision and SMIC loop construction this season. PUBLIC WORKS • Attached is the NSWST (Substantial) Completion Report—We are awaiting the installation of the tri-pack and the fuel transfer pump. The inspection and punch list should be completed by June 15, 2016. • The sidewalk at the National Park Service in the Harbor has been removed and the area repaved, making room for a few more parking spaces and removing the trip hazard. • Public Works will be seeking to increase the streets budget to cover street repairs that require a pavement company to patch large areas. • Over the next month or so, Public Works will be cleaning the yard, disposing of tires, wood and items that do not sell in the surplus sale. • Hemlock Avenue signs have been fixed so that all three say Hemlock Avenue. • The shop has been keeping busy with minor vehicle issues and getting them ready for the summer season. • Working on our surplus list and spring cleaning of the yard. SEWARD COMMUNITY LIBRARY & MUSEUM • April 2016 Library Museum Statistics 10843 Front Door Counter; 160 Museum Admission; 17 Programs; 10 Passport Applications; 6 Notaries; 138 Room Uses; 15 Proctored Exams; 1464 Public Computer Sessions • The Iditarod Historic Trail Alliance has granted the Library Museum permission to show their 24 minute Iditarod National Historic Trail: A History movie. It will be shown in the Community Room at 2 pm, Monday-Saturday, during our summer hours, with the exception of prior reservations or Library Museum programming. There is no admission fee,but donations are welcome. • Annie Martin, Program Coordinator, developed a wonderful pictorial museum scavenger hunt and Seward word search to the delight of all ages. The scavenger hunt was a big hit with the spring school visits to the museum, which included a few local classes. • We are delighted to announce that we have two part-time seasonal aides to help cover the museum front desk this summer. Maureen Callahan, a long time Seward resident, continued to be involved in the Library Museum after retiring in 2012 as the Children's Librarian, but has returned to work in the museum this year. Christina Pichotta, also a long time resident,joined our team this week, and will also be working at the museum front desk. They both bring a great deal of experience and knowledge about Seward, so please extend a kind welcome to both of these wonderful ladies. • We are also pleased to announce that we've hired a Curator of Collections and Exhibits. Madeline McGraw will begin on June 14th. Ms. McGraw has a BA in Public History with a minor in Pre-Modern History from Wittenberg University and Master's Degree in Museum Studies from Johns Hopkins University. Her collection management experience coupled with her dedication, energy and passion for small museums make her a welcome addition. Please join us in welcoming her to our team. • Join us this summer for a movie at 6:00 PM on the first Wednesday of the month from June to September! Featured films will be selected from the Independent Film Movement. Light refreshments provided. This program is for ages 18 and up. • Join us for Family Movie Night this June and July at 5:00 PM in the Community Room. Thursday, June 16th: The Lego Movie; Thursday, July 7th Space Jam; Thursday, July 21st: Inside Out PARKS & RECREATION • We have multiple positions still available please visit the City's webpage for a complete list at www.cityofseward.us/DocumentCenter/Index/24 • We opened Boulder Field for the first time in 4 years to accommodate campers and visitors for Memorial Day weekend • We are working on the"free Wi-Fi"project in hopes to have it up and running mid-June. • Working on installing Shuttle Stop Benches • Effective this year, all of the above permit passes sales will close on July 5. Those who are unable to purchase a pass prior to July 5 will be required to pay the $10 per parking space, daily rate. The intent of this policy is to provide more staff time on the_ grounds and out-of-the-office. /W • The 2016 Pink Cheeks Triathlon celebrated its 25th Anniversary. This year's Triathlon was a big success! Parks and Recreation is excited to share the excellent turnout of the Pink Cheeks Triathlon and wants to thank all the athletes that came to compete, improve their past personal records, bringing family, friends, and their great effort, sportsmanship, and encouragement, to give an exciting atmosphere to the triathlon this year! We want to greatly show our appreciation to our awesome sponsors. Thank you Polar Bear Association, Major Marine Tours, Apollo's and the Seward Volunteer Fire Department! Thank you, Seward High School, Seward Middle School, and Seward Elementary School for the use of your facilities. Thank you to all the community volunteers we are grateful for your time and are thankful for such a great running event. Thank you TYC councils for your help setting up, taking down, and volunteering your time during this successful event! Thank you PW and PMC crews. Thank you for all of you who helped clean after the race. Thank you for you who swept, washed, and graded the course. Thank you Allen King and Joshua Delacruz for flagging the race course to keep our racers safe. • Fantastic job to the many racers, sponsors, and volunteers and we want to thank you for your participation, competition, sportsmanship and support. Because of your character and participation we had an amazing Pink Cheeks Triathlon that was safe and full of fun. To view results go to https://runsignup.com/race/results/?raceld=30130#resultSetld-35770. Many thanks to Brad Davidson at Lone Star Timing for his help with the triathlon results. .014.1glt w i >�•• ,. • •• • New shuttle stop bench • l • - r _1"": 1113111 i it 16C" lr . tom F i . _ _ Fish cleaning station I Pio'A Birch Horton Bittner & Cherot a professional corporation William A.Earnhart Respond to Anchorage Office T 907.263.7285 • F 907.276.2822 wearnhart@bhb.com June 2, 2016 Mayor and Members of the City Council City of Seward P.O. Box 167 Seward, AK 99664 RE: City Attorney Report for the Period May 9, 2016 through June 2, 2016 Our File No.: 507,486.1002 Dear Mayor and City Council: The following summarizes our activities as the City Attorney during the period May 9, 2016 through June 2, 2016: 1. General Matters: The City Attorney's office provided advice and worked on various matters regarding leases and real property, contracts, harbor issues, code revisions, and the City mobile device policy. 2. Litigation: The Orion litigation has been fully briefed and we await a decision by the court. Orion has requested oral argument but the court has not set a date. 3. Electric Utility: The City Attorney's office is currently assisting in negotiations to renew the IBEW collective bargaining agreement. We are also advising and participating in negotiations to protect Seward's interests in regard to the Bradley Lake agreements. 4. Marijuana Regulation: The City Attorney's office provided advice and assisted in code drafting and revisions regarding the regulation of marijuana pursuant to its legalization by Ballot Measure 2, passed by the voters of Alaska in 2014. Please contact me if you have any questions or desire further information on any of the matters discussed above. Sincerely, BIRCH HORTON BITTNER & CHEROT William A. Earnhart WAE:dg cc: Jim Hunt, City Manager 1127 West Seventh Ave. Anchorage,AK 99501-3301 I 1156 15th St.N.W.,Ste. 1020,Washington, D.C.20005-1754 T 907.276.1550.800.478.1550•F 907.276.3680 T 202.659.5800•F 202.659.1027 50748611002\00521274 Sponsored by: City Attorney Introduction: May 23, 2016 Public Hearing: June 13, 2016 Enactment: June 13, 2016 CITY OF SEWARD,ALASKA ORDINANCE 2016-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE § 7.10.135 WHEREAS, the public trust doctrine and good public policy require public access to submerged tidelands and prohibit the sale of moorages in fee simple; and WHEREAS, the intent of Tile 7.10 of the Seward City Code is that moorage space may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned and that a holder's right does not transfer with the sale or other disposition of the vessel, to preserve public access; and WHEREAS, recently the U.S. Supreme Court held that corporations have independent constitutional rights akin to individual citizens has created some ambiguity as to whether a sale of the stock in a corporation causes the corporation to cease to have a"qualifying interest" in the vessels owned by the corporation that would cause the corporation to forfeit reserved moorage space in the City harbor; and WHEREAS, it is desirable to eliminate this ambiguity and treat all ownership transfers on an equal basis. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The definition of"qualifying interest" found in Seward City Code Section 7.10.135 is amended as follows: (Deletions are Bold kethreughs; Additions are Bold/Underline/Italics) Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns the vessel or, under the provisions of a written charter or lease, has exclusive control over the operation and navigation of the vessel. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and operation of the vessel, ceases to have a qualifying interest in the vessel. A qualifying interest in a vessel ceases with the transfer of a controlling interest in a public or privately held entity that has a qualifying interest in that vessel, regardless of official designation of title. CITY OF SEWARD, ALASKA ORDINANCE 2016-002 Section 2. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 13th day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) ' F:\507486\1002\00515560.DOCX O Council Agenda Statement Meeting Date: May 23, 2016 From: William Earnhart, City Attorney q� P Agenda Item: Ordinance 16-OAZTitle 7 revisions BACKGROUND &JUSTIFICATION: Public access to submerged tidelands must be protected and the ability to transfer ownership to such lands is limited. Submerged tidelands owned by the City are protected under the "public trust doctrine" as described in Illinois Cent. R. Co. v. State of Illinois, 146 U.S. 387, 13 S. Ct. 110, 111, 36 L. Ed. 1018 (1892) and its progeny. Public access to these tidelands must be preserved and the City may not sell or grant a permanent license to a private entity without guaranteeing public access; tidelands generally cannot be sold in fee simple absolute. The public trust doctrine is codified in Seward City code in a number of ways including restricting the transfer of moorage space. Seward City Code (Title 7.10) provides that moorage space may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned. The code limits the duration of a holder's interest in a reserved moorage space to the holder's lifetime and does not allow the transfer of moorage space with the sale of a vessel, although the code does allow for replacement of an existing vessel. The current regulations regarding moorage and qualifying interests have existed at least since the 1995 re- write of Chapter 7.10 by Ordinance No. 95-11. Under the code, corporations, partnerships, and Limited Liability Corporations are allowed to be "holders" and have "qualifying interests" in assigned moorage space. The concept of a corporation as an independent entity is recognized in the Seward City code; a corporation may be considered a "person" under SCC 7.10.135 (definitions.) This is consistent with the common law view of corporations including in reference to vessel ownership. What is not clear under the existing code is the effect of a "stock sale" on a "qualifying interest." In a stock sale, the ownership of the company changes but the corporation itself still exists with the same assets and liabilities. Historically the City has taken a broad view of the public trust doctrine and has restricted the transfer of moorage rights by a narrow interpretation of the code looking to controlling interests in a vessel, as opposed to simply "title." Recently the US Supreme Court held that corporations have independent constitutional rights akin to individual citizens in Citizens United v. Fed. Election Comm'n, 558 U.S. 310, 312, 130 S. Ct. 876; 175 L. Ed. 2d 753 (2010) which has further complicated this ambiguity. This amendment of Title 7 is intended to make it clear that the public interest doctrine will be followed and eliminates the current ambiguity. F:\507486\1002\00515983.DOCX 1 ' CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: value an open, responsive city government based X on a high level of citizen input and community involvement. (pg. 13) Strategic Plan: the mission of the City of Seward government is to 2. provide quality leadership, operate efficiently, be responsive to the X desires of its residents (pg. 2) 3. Other(list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions do not result in additional costs to the City, or additional revenues. Approved by Finance Department: , ai&D 4,;rj, RECOMMENDATION: Council approve Ordinance 2016-o02- flCct- F:\507486\1002\00515983.DOCX Sponsored by: Planning and Zoning Commission Introduction Date: June 13,2016 Public Hearing Date: June 27, 2016 Enactment Date: June 27, 2016 CITY OF SEWARD,ALASKA ORDINANCE 2016-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ZONING MAP DESIGNATION OF LOTS 11 AND 12, BLOCK 7, FEDERAL ADDITION, FROM SINGLE FAMILY RESIDENTIAL (R1) TO TWO-FAMILY RESIDENTIAL (R2) IN COMPLIANCE WITH THE LAND USE PLAN,LOCATED AT 700 SECOND AVENUE WHEREAS, property owner Kirk Hoessle has requested the rezone of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family Residential (R2); and WHEREAS, the two lots being considered for rezone contain approximately 10,000 square feet of land; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the requested zoning district is recommended by the Land Use Plan; and WHEREAS, the official Zoning Map described in SCC 15.01.030 will be amended from Single Family Residential (R1); to Two-Family (R2) to bring the parcels into conformance with the official Land Use map; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning district designations, as required by Title 15; and WHEREAS, at the May 3, 2016 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family Residential (R2). 15 CITY OF SEWARD, ALASKA ORDINANCE 2016-003 Section 2. This ordinance shall take effect ten(10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 27th day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 111\ Council Agenda Statement Meeting Date: June 13, 2016 ��sew' Through: Jim Hunt, City Manager Ron Long, Assistant City Manager Q P From: Donna Glenz, Planner Agenda Item: Rezoning Lots 11 and 12, Block 7, Federal Addition, located at 700 Second Avenue, from Single Family Residential (R1) to Two- Family(R2) BACKGROUND & JUSTIFICATION: Attached for the Council's review and enactment is Ordinance 2016- 005 amending the Zoning designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family(R2) (see attached maps). Property owner Kirk Hoessle has stated he wishes to remodel an existing single family home to create a duplex. In order to meet the development requirements of the City Zoning Code, the property owner has requested a zoning amendment for Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family(R2). Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the desired zoning designation of Two-Family(R2) is recommended by the Land Use Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Two-family residential (R2) defined in SCC 15.05.025 (b). as Medium density (one to seven dwelling units per acre) transitional housing area with a mix of single and two-family units,free from other uses except those which are both compatible and convenient to residents of such district. Lots 11 and 12 are each 50' X 100' and combined contain approximately 10,000 square feet. A single family home currently exists predominately on the southern lot leaving most of the northern lot available for development. In order for the proposed duplex project to move forward, an interior lot line separating Lots 11 and 12 will need to be vacated. The property owner has been made aware of the requirement and plans to proceed with a replat as part of the proposed development. The development of a duplex would not increase the density of this property beyond what is currently allowed by two single family homes. The large lot across Second Avenue to the west contains the AVTEC Second Avenue Facility and is zoned Institutional; the lots to the north and south are developed by single family homes and within the Single Family Zoning District, the four lots to the east, across the alley are vacant and zoned Auto Commercial. These lots are owned by one investor which has made several recent inquiries on development of a large multi-family complex. Recognizing that the primary concern of all zoning actions is to promote public health, safety and general welfare (SCC 15.01.010), Community Development recommends this rezone for several reasons: 1. This rezone will allow for the maximum use of Lots 11 and 12, Block 7, Federal Addition by allowing the property owner to develop a duplex to the north. 2. This rezone would bring the zoning designation of Lots 11 and 12, Block 7, Federal Addition into conformance with the current Land Use Plan. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005): 3.2.1 Promote residential and commercial development within 1. the city of Seward in accordance with community values. X (page 19) 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. (page 22) Strategic Plan (Approved by Council Resolution 99-043): • Pursue the community's vision through rigorous implementation of the Comprehensive and Land Use 2. Plans. (page 10) o Work toward bringing the Zoning Map into conformance with the Land Use Plan(Page 11.Bullet 5) • Expand availability of affordable, diverse, year-round housing. X o Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents (Page 18,Bullet 3) • Promote Residential and Commercial Development inside the City. (Page 9,Bullet 2) o Encourage construction of residential and seasonal housing at all market levels (Page 9,Bullet 2-1) No objections or concerns were expressed from City staff. Property owners within three hundred (300) feet of Lots 11 and 12, Block 7, Federal Addition were notified of this proposed rezone. Public notice signage was posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At the time of the Planning and Zoning review one public comment had been submitted to staff, which was included in the P &Z packet provided to the Commission. The comment has also been included as backup for Council. The comment spoke against the rezone. The Planning and Zoning Commission held a public hearing on May 3, 2016 and approved Resolution 2016-06 recommending City Council approval of the attached Ordinance 2016- 603 , amending the Zoning designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1)to Two-Family(R2). INTENT: Rezone Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two- Family(R2). FISCAL NOTE: The City of Seward will have no costs associated with this change of zoning designation. Approved by Finance Departmentja4,404ty Poecitu ATTORNEY REVIEW: Yes: X No: RECOMMENDATION: The Seward Planning and Zoning Commission and Staff Recommend: June 13, 2016 the Council introduce Ordinance 2016-66 amending the Zoning designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family (R2) June 27, 2016 the Council conducts a public hearing and enacts Ordinance 2016-(X)3 . Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2016-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 11 AND 12, BLOCK 7, FEDERAL ADDITION, FROM SINGLE FAMILY RESIDENTIAL (R1) TO TWO-FAMILY RESIDENTIAL (R2), LOCATED AT 700 SECOND AVENUE WHEREAS, applicant Kirk Hoessle has submitted an application and the filing fee, requesting Lots 11 and 12, Block 7, Federal Addition, be rezoned from Single Family Residential (RI) to Two-Family Residential (R2);and WHEREAS, the current Zoning of the parcels at 700 Second Avenue is Single Family Residential (R1) and the current Land Use Plan map designation recommends the parcels be rezoned to Two-Family Residential (R2); and WHEREAS,the two, 5,000 square foot lots include a single family home and garage and the property owner wishes to remodel and convert the home to a duplex; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the requested zoning district is recommended by the Land Use Plan Map;and WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into conformance with the Land Use Plan;and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on May 3,2016. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Seward Planning and Zoning Resolution 2016-06 Page 2 Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning amendment of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (RI) to Two-Family Residential (R2); and recommends that the attached Ordinance 2016-002- be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd clay of May 2016. THE CITY OF SEWARD,ALASKA Cindy E f d, air AYES: Anderson, Seese, Fleming, Ecklund NOES: None ABSENT: Swann ABSTAIN: None VACANT: Two ATTEST: 'ohanna Kinney,CMC ity Clerk (City Seal) Oe ti •• ',.•:',";. --''c :.41;!.•-•."01.1. o r 47 °•��f .OF �:�r' �• 1 City of Seward,Alaska Planning Commission Minutes May 3, 2016 volume 7, Page 188 Resolution 2016-06, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the rezoning of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two Family Residential (R2), located at 700 Second Avenue Glenz described the property for Commissioners, noting the l ,ation and surrounding neighborhood development. The property owner had expressed inteft{i1 converting an existing single family home to a duplex, and a rezone was required. A r-a*=t would also be required as part of a duplex development. Glenz noted the rezone was s p'oyi°= by staff because the Two Family Residential designation was supported by the City Lat Use Ni' ;, She noted the current two lots could be utilized as two single family homes an*h development f a duplex would not j;. increase the density of this property beyond what i,,'currently allowed lik two single family homes. `...�s` Glenz stated a nearby proert owner had expressed ti to o theproposed rezone action, noting they did not support the use of the property as a du. Notice of public hearing being posted +,fished as regiit „by law was noted and the public hearing was opened. • Kirk Hoessle, inside City, s4,i0 he purchased'', •y t opert ;i0 Second Avenue to develop a • duplex. Hoessle said .4,6' `fie rezone r 'nest was onsistent with the neighborhood development. Hoesslo l*id he wo answer any E''mmission questions. Hearing no one else wishfttgAo§DitOhlmbli :Fearing was closed. n Mg IV* may •. Motion ,. - erso T = f, g) Approve Resolution 2016-06 4 s 4g J Fle : 1.ed if the actio uld rest,t In spot zoning. Glenz pointed -< that the re =0 mended zoning for the 700 Block of Second Avenue was Two- Family Resideni he su• •i`"sted zoning was supported by the City Comprehensive Plan and Land Use Map. •-4, Ecklund said she sup._irted affordable housing and was hopeful a duplex would be a benefit to the community. Motion Passed Unanimous Unfinished Business—None New Business Items— _W O lt, .2 � D ST,r ., 1 I• , LIE I tib4 M1 W . , t4 .,,, p IT. _ __, u_ rit„ Lots 11 & 12, Block 7 OTS I1 IP r M ,I,vge.. `A STS , .,a .4, - 4.1 , 3 ala " OHOST air k i, 4 I \ Rezone Request R1 to R2 Current Land Use Map / � �t{,,.�: 0 h N P&Z Resolution 2016-06 05103/2016 Due to different data sources property lines and aerial -' ,� 0 270 540 Feet imagery do not overlay correctly. Map is to be used for a/.„ P # - • orientation and reference purposes only. .. Mapping Assistance by Alaska Map Company,LLC � a 1 C....)u O 4.4 RD ST=: r., kr t. i'i E- t. 6, t . . . ..Aloe: .., 0 i 6 L L ui t > __,.,..... < I =,.1 41._ .ce _ Jam" J. B ST. .0 ii itLasit. Lots 11 & 12, Block 7 OTS j d' M , 401:•.-. --r iI illf.• Ii -*...„ . , ),. . 14 i _ . ..,, 11101 ST 4.. / ,, ,. kt- fl' r .. 0. _/ \ Rezone Request R1 to R2 Current ZoningMapof sewq %� �t;4 �o b N P&Z Resolution 2016-06 05/03/2016 Due to different data sources property lines and aerial 0 270 540 Feet imagery do not overlay correctly. Map is to be used for 'acgsw> # orientation and reference purposes only. • Mapping Assistance by Alaska Map Company,LLC Donna Glenz From: Nelsen <nelsen@gci.net> Sent: Tuesday,April 26, 2016 11:01 PM To: Dwayne Atwood Subject: Rezoning Lots 11 and 12, Block 7 - Seward Planning and Zoning, We are OPPOSSED to the rezoning of lots 11 and 12,block 7, Federal addition,from single family residential to two family residential. Located at 700 Second Avenue. Please do not allow this rezone,as we would like to preserve this neighborhood as being single family. Thank-you, Mike and Mary Nelsen 614 2°d Ave Seward,Alaska 99664 *************k******************k***********,F*** This E-Mail transmission (and/or the documents accompanying it) may contain information belonging to the sender which is confidential, privileged and/or exempt from disclosure under applicable law. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this E-Mail transmission in error, please immediately notify us by return E-Mail or telephone to arrange for return of its contents including any documents. Spam Phish/Fraud Not spam Forget previous vote Sponsored by: Clerk Introduction: June 13, 2016 Public Hearing: June 27, 2016 Enactment: June 27, 2016 CITY OF SEWARD, ALASKA ORDINANCE 2016-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE § 2.05.035, DENIAL OF REQUEST; APPEAL, TO ESTABLISH A CUSTOMARY TIMELINE TO APPEAL THE DENIAL OF A REQUEST FOR INFORMATION WHEREAS,the Seward City Code provides for the inspection of city records by the public under reasonable rules during regular office hours; and WHEREAS, Seward City Code 2.05 addresses records including access, inspection, exemptions, and denials of city records; and WHEREAS, a request for a record can be denied if the record sought is subject to an exemption pursuant to City Code or state law, and 2.05.035 addresses the appeals process if such a request for records has been denied; and WHEREAS, under current City Code there is no formal timeline for a party to appeal a denial of a public records request; and WHEREAS,the condensed time period in which a public records appeal currently must be heard by the City Council presents significant scheduling limitations for all parties, including a limitation that such appeals may only be heard at regularly scheduled meetings of the Council; and WHEREAS, establishing a deadline for appeal and adjusting the time and manner for hearing appeals by the City Council will improve the City's public records request procedures. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 2.05.035 (b) is amended as follows: (Deletions are Bold St-Alicthroughs; Additions are Bold/Underline/Italics) CITY OF SEWARD, ALASKA ORDINANCE 2016-004 2.05.035—Denial of request; appeal. (b) In the event a party is denied access to requested information under the provisions of subsection (a) of this section, he may submit a written appeal within ten days to the city manager.Failure to timely appeal will result in a waiver of any subsequent right of appeal. Within ten working days of receiving the appeal, the city manager shall issue a written response to the requester,either granting or denying the appeal and notifying the requester of his right to appeal the decision to the city council at the next regularly or special scheduled meeting occurring at least-I-5 thirty days following the date of the appeal,wh.ic shat be the . • . . . . - . The City Council shall issue a written decision within thirty days of hearing an appeal, which shall be the final and binding authority. The final decision of the City Council is appealable to the Superior Court pursuant to the rules of procedure governing appeals to the Superior Court. Section 2. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 27th day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement e Meeting Date: June 13, 2016, June 27, 2016 cit `��o From: Johanna Kinney, City C1er q vir Agenda Item: Public Records Ordinance $ACKGROUND &JUSTIFICATION: City Code 2.05 addresses records of the City of Seward, including the access, inspection, exemptions and denials of city records. Certain records according to federal, state, or city laws may be deemed privileged or confidential and therefore the city may deny access to such records. The denial of a public records request allows the requester to appeal this decision, as outlined in 2.05.035 (b). It was recently discovered by the City Attorney that there are no time limits to when a requester may appeal a decision to deny access to a city record. Appeal processes in the City Code typically allow for a specified time for the appellant to file a formal appeal on a decision made. Further, the current time in which an appeal to the City Council must be made presents several challenges and it is recommended that 2.05.035(b) be further amended to allow sufficient time to schedule, notice, and timely receive appeal documents for the packet deadline. It is also recommended that the Code be amended to allow the City to hear appeals at either a regular or a special scheduled meeting to allow greater flexibility in scheduling such appeals. The amendment also clarifies a decision of the City Council is appealable to the Superior Court. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: value an open, responsive city government based X on a high level of citizen input and community involvement. (pg. 13) Strategic Plan: the mission of the City of Seward government is to 2. provide quality leadership, operate efficiently, be responsive to the X desires of its residents (pg. 2) 3. Other(list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions do not result in additional costs to the City, or additional revenues. Approved by Finance Department: jii-ks73 °14=44" ,.Qty RECOMMENDATION: Council approve Ordinance 2016-D°4;approving modifications to Seward City Code Chapter 2.05.035, denial of request; appeals for the access of city records. F:\507486\1002\00511173.DOCX 2� Sponsored by: Hunt Introduction: June 13, 2016 Public Hearing: June 27, 2016 Enactment: June 27, 2016 CITY OF SEWARD, ALASKA ORDINANCE 2016-005 AN ORDINANCE OF THE CITY COUNCIL OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE TITLES 8, 9, AND 15, REGARDING REQUIREMENTS AND STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS IN THE CITY OF SEWARD WHEREAS, during the November 4, 2014 general election, Alaska voters approved initiative Ballot Measure 2, an Act to Tax and Regulate the Production, Sale and Use of Marijuana, which provided for the State development of regulations and requirements for commercial marijuana establishments, and legalized possession and personal use of marijuana by persons 21 years of age or older; and WHEREAS, Ballot Measure 2 allows municipalities in the State, including the City of Seward ("City"), to prohibit and/or implement regulations governing the number, time, place and manner of marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores (marijuana establishments); and WHEREAS, the State of Alaska has developed laws and regulations, codified as Alaska Statute 17.38 and 3 AAC 306.005-3 AAC 306.990, for marijuana establishments requiring, among other things, public notices and hearings for license applications, security plans, site- specific plans, and the privileges of and prohibitions for each of the types of license; and WHEREAS, at the Seward City Council March 14, 2016 work session, the City administration was directed to draft regulations that complemented but did not duplicate State regulations, and that to the extent practical worked within the existing framework of land uses, zones and classifications rather than creating new ones; and WHEREAS, the City's current Building, Fire and Mechanical Codes are considered adequate to address these establishments with the exception that additional controls are needed in the Fire Code regarding extraction systems at manufacturing facilities; and WHEREAS, the United States Department of Justice has issued guidance (the "Cole" memoranda dated February 14, 2014, and August 29, 2013) describing marijuana-related federal enforcement priorities, including "Preventing the distribution of marijuana to minors" and "Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;" and 11 CITY OF SEWARD,ALASKA ORDINANCE 2016-005 WHEREAS, the City Council finds that the goal of protecting the public health, safety and welfare, and those priorities in the Cole memo, are furthered by increasing the buffer zone around schools and by limiting the hours of operation beyond the minimum buffer zones and maximum hours of operation set forth in State Statute. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Title 8 is amended by adding a new chapter as follows: (Deletions are ; Additions are Bold Italic Underline) Chapter 8.25 —Marijuana establishments 8.25.010. -Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings defined herein: (a) "Marijuana" means "marijuana" as that term is defined in AS 17.38.900 and any amendments thereto. (b) "Marijuana establishment" means a "marijuana establishment" as that term is defined in AS 17.38.900 and any amendments thereto but includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. 8.25.015 Compliance with state laws and regulations No person may own or operate a marijuana establishment within the City without first being licensed by the State of Alaska, and the establishment license must be maintained in force continuously throughout the time the establishment operates. All marijuana establishments shall be operated in full compliance with state laws and regulations. It shall be the owners' and/or operators'responsibility to be aware of and to comply with any and all laws, rules and regulations adopted by any duly authorized agency of the State and the City. 8.25.020 Local regulatory authority established. The City Council shall be the Local Regulatory Authority, as that term is used in Alaska Statutes Chapter 17.38. As the local regulatory authority, Council is authorized to: 2$ CITY OF SEWARD, ALASKA ORDINANCE 2016-005 fa) Review and submit recommendations to any federal or state agency regarding marijuana establishment license applications; (b) Designate a body, entity or person to review or comment upon marijuana establishment license applications; (c) Draft laws, regulations, and policies regarding marijuana establishments and marijuana use within the City. 8.25.025. -Marijuana establishment application review. (a) Once the City receives notification from a state agency that a marijuana establishment application is complete: Council may recommend approval, denial, or approval with conditions of any application for a marijuana establishment. (b) Council shall not recommend approval of any marijuana establishment application unless the following conditions have been satisfied: (1) The City Finance Department confirms that all accounts for utilities, taxes and assessments for the persons or corporate entity named in the application are current; and (2) The Kenai Peninsula Borough verifies that all sales and property tax accounts for the persons or corporate entity named in the application are current. 8.25.030. —Hours of operation Retail marijuana establishments shall not conduct any business on, or allow consumers or customers access to the establishment's licensed premises between the hours of 2:00 a.m. and 8:00 a.m. of any day. Section 2. Seward City Code Title 9 is amended by adding a new chapter as follows: (Deletions are ; Additions are Bold Italic Underline) Chapter 9.30 —Marijuana extraction equipment 9.30.010. - General provisions. 191 CITY OF SEWARD,ALASKA ORDINANCE 2016-005 All licensed marijuana processing facility extraction equipment using hazardous materials must be approved by the City prior to operation within the City. 9.30.015. —Listed equipment. A list of pre-engineered and approved systems is kept at the Seward Fire Department and available during business hours. 9.30.020. —Equipment approval. (a) When no equipment listing criteria exists and for non-listed extractions systems, equipment manufacturers may submit a Master Engineering Report to the Seward Fire Department for approval of their equipment. (b) An Alaska licensed Professional Engineer is required to prepare a site-specific report. The report shall include the following information: 1. The proposed or existing address of the location where the equipment will be operated, the make and model, serial number, and any other pertinent information specific to that equipment as requested by the city; 2. The installation of the equipment will meet all applicable AME and NFPA standards for the operating pressures it will be subjected to; 3. The equipment has pressure relief valves on any trapped gas sections; 4. That all hose fittings, vacuum pumps, and all other ancillary components of the equipment are compatible with the specific flammable gas used in the equipment; (c) The engineering report is required by the 2012 International Fire Code, adopted as the Seward Fire Code, and shall be signed and sealed by a responsible Alaska licensed Professional Engineer. All equipment shall be operated strictly in accordance with the manufacturer's instructions. A( 50 CITY OF SEWARD,ALASKA ORDINANCE 2016-005 (d) Prior to the operation of the equipment, the City shall issue written approval of the engineering report required under this section. 9.30.025. —Modification of equipment. Any modification of listed or approved equipment other than routine maintenance or replacement of an identical replacement part voids the approval of the extraction equipment unless the modification is approved by the City in writing. Modifications that require approval include but are not limited to re-piping the system, addition of pumps, replacing components with non-identical components, and using unapproved gases. Section 3. Seward City Code Title 15 is amended by adding to the Definitions and Land Uses Allowed sections and renumbering as appropriate, as follows: (Deletions are ; Additions are Bold Italic Underline) 15.10.140 - Definitions. A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. 3k CITY OF SEWARD, ALASKA ORDINANCE 2016-005 An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid-mounted or other moveable structures. (Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 53. Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. 54. Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an entity registered to purchase marijuana; manufacture,prepare, and package marijuana products; and sell marijuana CITY OF SEWARD, ALASKA ORDINANCE 2016-005 and marijuana products to other marijuana product manufacturing Facilities and to retail marijuana stores, but not to consumers. c. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. 55. Marijuana products. Marijuana products means concentrated marijuana products and marijuana pr.'odadk that are comprised of marijuana and other ingredients and are intended for eise.4I consumption, such as, but not limited to, edible products, ointments, and tinctures. (***Clerk's Note: subsequentsedtibris will be renumbered accordingly***) 15.10.225. - Land uses allowed., (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See tables at the end of this title.) (b) Lodging as defined in`;65eetion 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter andtsubject to the following conditions: (h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the State at all times the facility is in operation. (2) Marijuana establishments shall not to be located within five hundred (500) feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the State or local government, or within one thousand (1000) feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, CITY OF SEWARD, ALASKA ORDINANCE 2016-005 or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. (3) In this Title, Standard or Limited Marijuana Cultivation Facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhousefs)/Commercial, except that a Limited Marijuana Cultivation Facility as an accessory use secondary to a residence may be classified as a Home Occupation use. (4) In this Title, a Marijuana Testing Facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office - Business or Professional use. (5) In this Title, a Marijuana Product Manufacturing Facility or a Marijuana Concentrate Manufacturing Facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. (6) In this Title, a Retail Marijuana Store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use. Section 4. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 27th day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) I( 34 Council Agenda Statement Meeting Date: June 13, 2016, June 27, 2016 r From: Jim Hunt, City Manager qc igp Ron Long, Assistant City Manager Agenda Item: Commercial Marijuana Establishments Ordinance BACKGROUND & JUSTIFICATION: Alaska voters approved initiative Ballot Measure 2 at the November, 2014 general election, an Act to Tax and Regulate the Production, Sale and Use of Marijuana. (The measure also legalized the personal use and possession of marijuana by persons 21 years of age and older, but this ordinance deals only with the commercial aspects of the measure.) Since passage the State has formed a Marijuana Control Board (MCB) and has promulgated regulations for the industry, found at Alaska Statute 17.38, consistent with the ballot measure. The work done by the State is detailed and comprehensive; persons holding an interest in the proposed business and the site- specific business proposal are vetted by the MCB after a public notification, posting and public hearing process conducted by the State. It would be difficult or impossible for the Sate to adopt regulations that uniformly satisfy local land use requirements across the state, and the ballot measure specified certain levels of control be reserved for the local jurisdictions as applicable. Therefore some choices can be made by Seward, including whether or not to prohibit some or all commercial marijuana enterprises by ordinance or initiative, whether to act as the Local Regulatory Authority, and whether to add time place, manner or number restrictions to enterprises licensed by the State. The City Council held a work session March 14, 2016, with direction for administration to draft regulations that to the extent practical complement but do not duplicate the State regulations, names the City Council as the Local Regulatory Authority, expands buffer zones around schools to 1,000' and limits hours of operation for retail establishments, and that would if possible work within the existing land use classification and zoning regulations of the City. Code changes will be needed in order to accomplish these goals. Title 8, Business Regulations and Licensing, describes the City's role and authority as regards alcohol establishments, which aligns with the Ballot Measure 2 intent to "regulate marijuana like alcohol", would establish similar authorities for the City and regulations specific to State-licensed marijuana establishments, including hours of operation. Proposed changes to Title 9, Health and Safety, would address hazardous substances and equipment that might be used at a marijuana product manufacturing facility by allowing only equipment previously engineered, tested and approved in other states that have legalized commercial marijuana establishments. Or, an applicant may submit a Master Engineering Report for their system and then have the installation approved by an Alaska licensed engineer. Title 15, Planning and Land Use Regulations, is sufficiently scalable and adaptable to accommodate these enterprises with minimal amendment, adding definitions and a land use classification, which includes the expanded buffer zone, as drafted in the ordinance. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: X 2. Strategic Plan: X 3. Other (list): ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions do not result in immediate or measurable additional costs to the City, or additional revenues. Approved by Finance Department: Xtfitc..3404 RECOMMENDATION: Council enact Ordinance 2016-005, approving modifications to Seward City Code Titles 8, 9 and 15, regarding requirements and standards for commercial marijuana establishments. Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2016-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY COUNCIL RULES OF PROCEDURE TO INCORPORATE A MOBILE USE DEVICE ACCEPTABLE USE POLICY AND TO CLARIFY ELECTRONIC COMMUNICATIONS AS IT PERTAINS TO PUBLIC MEETINGS WHEREAS, the City Council directed the City Clerk to research the possibility of converting to the use of mobile devices as the sole source of viewing council meeting agenda packets; and WHEREAS, funds for the purchase of mobile devices were approved in the FY 2016 budget; and WHEREAS, in preparation for council's move towards electronic meeting management, the City Clerk's Office developed a policy for the use of mobile electronic devices by elected officials which has been reviewed by Administration, the Information Technology Department, and the City Attorney; and WHEREAS, at the May 23, 2016 City Council meeting, the City Council reviewed this policy; and WHEREAS, council approval is needed to amend the City Council Rules of Procedure to incorporate the new City Council Mobile Device Acceptable Use Policy; and WHEREAS, in addition, it is also necessary to clarify the acceptable use of electronic communications in the City Council Rules of Procedure as it relates to the Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council amends the City Council Rules of Procedure to incorporate the Seward City Council Mobile Device Acceptable Use Policy as Appendix B, as attached hereto. Section 2. The City Council amends the City Council Rules of Procedure Section V — Special Considerations for Council Members to read as follows (strike t = deletions, bold italics= additions): 31 CITY OF SEWARD, ALASKA RESOLUTION 2016-038 • OPEN PUBLIC MEETINGS Public agency actions and deliberations should be conducted openly, and all persons must be allowed to attend unless "unruly", or otherwise excluded by law, such as executive sessions, labor negotiations, social gatherings (unless business is discussed), and certain quasi-judicial proceedings. A meeting is generally defined as any gathering of four or more governing body members (or a quorum, whichever is less) where city business is discussed. Meeting places should not be designed to exclude members of the public, and the time and place of a special meeting must be designated. Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council. Users shall not use a city-issued mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. 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 `h 13day of June, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement � t of set, Meeting Date: June 13, 2016 •,,�•, *arges- To: Mayor, City Council BASKp • From: Johanna Kinney, City Clerk Agenda Item: Amending the City Council Rules of Procedure to incorporate a mobile device use policy and address electronic communications with respect to the Open Meetings Act BACKGROUND & JUSTIEICATION: The Seward City Council has expressed intent to eliminate paper packets and approved funding in the FY 2016 budget for the purchase of mobile devices. Attached is a mobile device acceptable use policy that the City Clerk recommends approving and requiring of all elected officials who check out mobile devices for city business. This policy was reviewed by the City Clerk's Office, the City Attorney, the Assistant City Manager, and the Information Technology Department. It was provided to the City Council at their May 23, 2016 meeting as a draft to solicit any comments or feedback prior to approval. INTENT: It is the recommendation of the City Clerk to incorporate this policy into the City Council Rules of Procedure as a new appendix, Appendix B. With the advancement of electronic communication,it is also recommended amend Section V of the rules of procedure, to address electronic communications during a public meeting. FISCAL NOTE: No financial impact is anticipated with the adoption of this policy. Approved by Finance Department: YA ATTORNEY REVIEW: YES:_X NO: N/A: RECOMMENDATION: 43 Approve Resolution 2016- amending City Council Rules of Procedure,to incorporate Appendix B,Mobile Device Acceptable Use Policy and to amend Section V,Open Public Meetings to address electronic communications during a public meeting. City of Seward City Council Mobile Device Acceptable Use Policy 1. Purpose. The City of Seward recognizes the benefits of utilizing digital communication and information, and supports the utilization of the mobile devices by the City Council. Users of City-issued mobile devices acknowledge, understand, and agree to abide by the terms of this policy. 2. Receipt of mobile device. The City Clerk's Office will issue mobile devices that include appropriate applications for uses relating to City business. The mobile devices will serve as the sole source of meeting packets, and paper packets will not be provided except in the event that technical problems require the use of paper packets. A City-issued mobile device is defined to include the device itself, and any other accessories provided by the City such as power cords, stylus tools, keyboard cases, etc. 3. Care of mobile device. Users are responsible for the general care of the mobile device that they have been issued by the City. Mobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the City. Only a clean, soft cloth should be used to clean the screen. Users may consult with the IT Department or City Clerk with any questions or concerns related to appropriate care of the mobile device. 4. Software on mobile device. The software and applications installed by the City must remain on the mobile device in usable condition and be readily accessible at all times. From time to time, the City may add or upgrade software applications such that users may be required to check in their mobile devices with the IT Department or the City Clerk for periodic updates and syncing. In the event it becomes necessary to restore a mobile device to its original condition, the City will not be held responsible for the loss of any software, documents, photos or other content that may be deleted due to the need to re-format and/or re-image the mobile device. Any applications, software, files, or content downloaded via the Internet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks, or copyrights. Files from sources that a user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to email transmissions be opened and read unless the user has knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's information systems. Users will be liable for any expenses incurred by the City arising from a user's breach of security caused by files obtained for non-City business purposes. 5. Life of the mobile device. The technological life of the mobile devices will vary; therefore, the mobile devices will be assessed periodically and, when necessary, the City will purchase upgraded devices through the budgeting process. Decommissioned devices will be placed in the City surplus sale for public auction. B-1 City Council Rules of Procedure Adopted March 14, 1994 0 As Amended Through June 13,2016 City of Seward City Council Mobile Device Acceptable Use Policy 6. Security of the mobile device. The user shall maintain a secure PIN or other password protection and a time-out setting on the device to avoid access by unauthorized users, and shall physically secure the mobile device to restrict unauthorized access. The PIN must be provided to the City Clerk's Office and through the Clerk's Office made accessible to the Information Technology (IT) Department. The PIN may not be shared with any unauthorized users. 7. WARNING–NO PRIVACY. There is no privacy granted to any user regarding use of a City-provided mobile device. The City retains the absolute right to inspect, retain, or otherwise gather any Internet-related data or evidence of activity including e-mail, e-mail attachments, downloaded files, or browser history of sites visited using any City-provided mobile device. Users of City-provided mobile devices should consider any Internet activity or other mobile device use to be monitored by the City. Communications, whether relating to City business or not, made via City-issued devices may be subject to disclosure under the Public'Records Act or for litigation purposes unless a privilege or exception exists that justifies withholding the information. 8. Audits. All mobile devices are subject to audit by the Information Technology Department. If contacted by IT, users have three days to provide their mobile device to the IT Director. They may be provided a "loaner" to use in the interim. Typically, the IT Department will return the mobile device to the user within five business days. 9. Representations. In any posting to public forums, networking sites, or e-mail correspondence, users must take care to ensure that their personal statements, views and opinions are not misconstrued as official positions of the City. Users may not represent their statements as official City policy unless authorized to do so. 10. Email Usage for City Business. For the purposes of activity related to City business, the user shall conduct all email communication through their assigned City email account. To preserve public records, all email messages that are sent to or from a user's City email account on the mobile device are routed through a City server and archived on the City computer network. Such messages may be public records that are subject to public access and inspection. Mobile device users have no expectation of privacy in those messages. The user's City email account may be synced to the user's individual mobile device. Personal email boxes may be synced to the City-provided mobile device as well, but all City-related business must be conducted through the City email address or copied to the City email address if the user's personal email box is used. Text messages sent to or from a user's City-provided mobile device are not routed through a City server or archived on the City computer network, and hence, are not preserved as public records. Users may not use text messages for communications about City business that must be preserved as public records for their informational value or as evidence of the organization or operation of the City. A user's use of a City-provided mobile device to send text messages for City business must be limited to communications that are transitory—those that after their immediate use will have no value as evidence of B-2 City Council Rules of Procedure Adopted March 14, 1994 t 1, As Amended Through June 13,2016 City of Seward City Council Mobile Device Acceptable Use Policy the organization or operation of the City, such as routine appointment and scheduling requests. 11. Acceptable Use. The mobile device, Internet and email access provided are tools for conducting City business. Thus, use of such tools will be primarily for City business related purposes; i.e., to review City Council agenda materials, obtain useful information for City-related business communications as appropriate. All of the City's computer systems, including the mobile device, are considered to be public property. Mobile device, Internet, and email activities will be traceable to the City and may impact the reputation of the City. Users are expected to exercise good judgment and restraint in their personal use of City-provided mobile devices. City-issued mobile devices shall not be used to send or knowingly download any vulgar, discriminatory, or pornographic content. Users shall refrain from making any false or defamatory statements or committing otherwise unlawful, unprofessional or unethical acts utilizing a City-issued mobile device. City-issued mobile devices are not to be used for operating a business for personal gain, sending chain letters, or for any other purpose that interferes with normal City business activities. Users shall not use City-issued mobile devices for any illegal activity. Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council. Users shall not use the mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. Mobile device users are allowed to have music and install applications on their mobile device; however, the items downloaded and synced to the mobile device must be in compliance with Federal copyright laws and shall be acquired at the expense of the user and will be deemed surrendered and forfeited, including any content created by a user on the mobile device, when the mobile device is decommissioned. All applications used in the course of business-related activities shall be secured in conjunction with the City Clerk's Department. 12. User Responsibility. It is the responsibility of the user to ensure the City-provided mobile device is kept in a reasonable and safe condition. Should a mobile device be accidentally lost, damaged, or stolen, responsibility for replacement shall be as follows: a. First time: City shall repair or replace at no cost to the user. b. Second time: The City shall pay half the cost of repair or replacement and the user shall pay half the cost. c. Thereafter: The user shall be entirely responsible for repair or replacement costs and shall replace the unit within two weeks of the equipment loss. Mobile devices that are damaged or destroyed through intentional misuse must be repaired or replaced at the user's expense. B-3 City Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13,2016 City of Seward City Council Mobile Device Acceptable Use Policy The user of the device must notify the City Clerk's Office immediately or as soon as practicable upon loss, theft or suspected loss/theft of the device. Where possible, the contents of the device will be remotely erased and the services associated with the device will be disabled. 13. Return of the mobile device. Users shall return their mobile device to the City Clerk's Department when the individual's term and service as Mayor or Councilmember has ended. Upon return of the mobile device to the City and following the preparation of any appropriate backup files, the mobile device will be wiped clean of any and all information. 14. Indemnification. The City bears no responsibility whatsoever for any legal action threatened or commenced `due to conduct and activities of users in accessing or using these resources. All userseagree to indemnify and hold harmless the City against any and all claims of any kind" or nature whatsoever for damages, including tangible and intangible damages, costs and expenses suffered by the City arising out of any unlawful or improper conduct and activity related to City-provided mobile devices, and in respect of any action, settlemerit:or'eompromise, or any statutory infringement. 15. Compliance with Policy. Any violation of this policy may result in discipline as deemed appropriate by the City Council. I hereby certify that I have received a written copy of the City Council Mobile Device Acceptable Use Policy. I have read and fully understand the terms of this policy and agree to abide by it. Dated: By: (Elected Official's Signature) (Printed Name) B-4 City Council Rules of Procedure Adopted March 14, 199413 As Amended Through June 13,2016 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2016-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISCHARGE OF FIREWORKS BY THE CHAMBER OF COMMERCE DURING THE 2016 FOURTH OF JULY CELEBRATION WHEREAS,Seward City Code§10.10.040 prohibits the discharge of fireworks within City limits unless specifically approved by the City Council; and WHEREAS,the Chamber of Commerce has requested permission to conduct a fireworks display on Monday, July 4, 2016 at 12:01 a.m. with an alternate date of Tuesday, July 5, 2016 at 12:01 a.m.; and WHEREAS,the site for the discharge of fireworks has been identified as the uplands area south of the harbor and has been approved by the Fire Chief as required by Seward City Code; and WHEREAS, the City has customarily allowed the Chamber of Commerce to provide a fireworks display within City limits in conjunction with its Fourth of July celebration. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. As a part of its Fourth of July Celebration,the Seward Chamber of Commerce is authorized to discharge fireworks within City limits at a time and place that has received prior approval from the Fire Chief. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of June 2016. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: 1--( Agenda Statement r1 of sego. ' \'A Meeting Date: June 13, 2016 .4% a To: City Council ''P tasty Through: Jim Hunt, City Manager From: Edward Athey, Fire Chief Agenda Item: 2016 Fireworks permit BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce has requested permission from City Council to hold a fireworks display on July 4, 2016 at 12:01 A.M. The display will last 15 — 20 minutes. The display location will be the same as in years past, the south breakwater area behind Harbor View condominiums. Seward City Code 10.10. 040 (a) prohibits the discharge of fireworks in Seward unless specially approved by the City Council. The Council has customarily allowed the Chamber to provide an annual fireworks display within City limits to coincide with its Fourth of July celebration. The fireworks display will be conducted by the Chambers identified vendor, Lantis Fireworks & Lasers. The Fire Department has inspected and approved of the display site and location. The identified alternate day in case of inclement weather is July 5th at 12:01 A.M. INTENT: Approve the Seward Chamber of Commerce's request for permission to conduct a fireworks display in conjunction with the Fourth of July celebration. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x 3. Other (list): SCC Section 10.10.040 (a) FISCAL NOTE: There is no significant impact to the 2016 budget Approved by Finance Department: ATTORNEY REVIEW: Yes No X N/A X RECOMMENDATION: City Council approves Resolution 2016- o39 , authorizing the discharge of fireworks by the Chamber of Commerce during the 2016 Fourth of July celebration. OF Tye THE STATET Department of Public Safety ofALAs DIVISION OF FIRE AND LIFE SAFETY L,� A� Life Safety Inspection Bureau-Anchorage 5700 East Tudor Road (r()VERN()1Z KILL WALKER Anchorage,Alaska 99507-1225 A LA98‘ Main:907.269.5637 Fax:907.269.5018 May 31, 2016 Lantis Productions, Inc. Attention: Anthony Schmidt 2150 Innes Circle Anchorage, AK 99515 RE: Permit to use Dangerous Fireworks Dear Mr. Schmidt: Attached you will find your display permit 16FWKS1026 which authorizes you to use dangerous fireworks at 1300 4th Avenue, Seward, AK 99664(Seward Harbor South of Parking Lot). An application for a license or permit under (a)(1) - (4) of this paragraph must be received by the division of fire and life safety 14 days before the activity is scheduled to occur in accordance with 13 AAC 50.025 (3, 4, 5c). This will allow our office ample time to review applications to provide a safe and joyous event. Please contact our office with questions or concems. Si cerely, A y o et Office Assista t II or 71,, THE STATE Department of Public Safety ���►;.."���_ � a DIVISION OF FIRE AND LIFE SAFETY fALAS� Life Safety Inspection Bureau-Anchorage C,OVER�IOR BILL WALKER 5700 East Tudor Road of ,"' Anchorage,Alaska 99507-1225 ALAS,' Main:907.269.5637 Fax:907.269.5018 PERMIT TO DISPLAY FIREWORKS 1.3G AND/OR 1.4G (EXCESS OF 250 POUNDS) Display Permit Number: 16FWKS1026 Expiration Date: JULY 5, 2016 This permit is issued to: LANTIS PRODUCTIONS, INC. Mailing Address: 2150 INNES CIRCLE,ANCHORAGE,AK 99515 Pyrotechnic Permit Number: FWP15-007 This permit gives Pyrotechnic Anthony Schmidt the authorization to use and discharge 1.3G and/or 1.4G fireworks at: 1300 4TH AVENUE, SEWARD,AK 99664(SEWARD HARBOR SOUTH OF PARKING LOT) on the indicated date(s): JULY 4, 2016 OR RID JULY 5, 2016 for the purpose(s)of: 4TH OF JULY under the provision of AS 18.72.010-060 and 13AAC 50.025. AIPP4 i Da Q: r":e Fire Marshal May 31, 2016 Date PERMITS ARE NON-TRANSFERABLE Certificate of Insurance 9549 Issue Date: 4/29/2016 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Program Insurance Brokerage INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE 371 Bel Marin Keys Blvd., Suite#220 CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT Novato, California 94949 AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: Underwriter's at Lloyd's, London Lantis Productions, Inc., The Lantis Company Inc. INSURER B: 2369 Willow View Way Sandy, UT 84092 INSURER C: INSURER D: COVERAGES: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(DD/MM/YY) DATE(DD/MM/YY) GENERAL LIABILITY PY/15-0125 7/29/2015 7/29/2016 EACH ACCIDENT $1,000,000 A CLAIMS MADE MEDICAL EXP(any one person) FIRE LEGAL LIABILITY $50,000 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPS AGG DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is additional insured as respects the following: Date(s)of Display: 7/4/2016 Location: 1300 4th Ave Seward,AK 99664 At Seward Harbor South of Parking Lot Additional Insured: State of Alaska;Seward Chamber of Commerce;City of Seward Rain Date(s): 7/5/2016 Type of Display: Aerial Fireworks Display CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS State of Alaska WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 5700 East Tudor Road SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Anchorage,AK 99507 • AUTHORIZED REPRESENTATIVE Lantis Fireworks Production Schedule Seward 4TH of July Location of Show: 1300 4th Ave Seward, AK 99664 at Seward Harbor south parking lot Show Date and Time:July 4, 2016 at 12:01AM (Rain Date:July 5,2016) Pyrotechnician:Anthony Schmidt—Alaska Pyro License#FWP15-007 Cell Phone: 907-376-3338 Date and Time of Arrival of Pyrotechnician and Fireworks on site:July 2, 2016 between 2pm and 4pm. Truck will be parked in the Seward Harbor south parking lot launch site.The Fireworks will be attended and secure at all times.There will be no smoking allowed within 100'. Type and size of Fireworks in Display: Display shells and Cakes with a diameter no larger than 5 inches with a 350 foot radius fallout zone. 3:OOPM-9:00PM:Set up fireworks display in correct location,wire up and get ready to test. 9:00PM:Test and correct any problems. 11:30PM:Client will take care of spectator and vehicle control prior to,during and after the display. 12:01AM-12:20AM: Begin Display(19 minutes) Immediately after show: Make sure fallout area is clear of unexploded fireworks. Keep fallout area closed to vehicles and spectators. 20 minutes after show: Begin takedown and area clean up. Keep fallout area closed to vehicles and spectators. 12:45AM-2:15AM:Clean up display area. July 4,2016 by 8:00AM: Recheck fallout zone and final clean up. ' lD\ - ..'4;-•; 1- . t. 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Imagery Date: 4/16/2011 60°06'53.10" N 149°26'11.50" W elev 10 ft eye alt MEMORANDUM Meeting Date: June 13, 2016 l From: Johanna Kinney, City Clerk 1)1\1 osets, Agenda Item: Appointments to the Planning and Zoning .,;,> Commission l .AS L BACKGROUND & JUSTIFICATION: There are currently two seats vacant on the Planning and Zoning Commission. The vacancies have been noticed throughout the year. Three citizens have submitted their applications: Carol Griswold,Craig Ambrosiani,and David Carlton. Their applications are included in the packet for your review. Council will need to appoint two people from the three applicants that will serve terms expiring in February of 2018 and 2019. The mayor and council will have ballots with all three names on them. Each member should vote for only two applicants. Please pass the voted ballots to the City Clerk and they will be read aloud and tallied. In accordance with Seward City Code 2.10.40,2.30.210,and Seward Charter 3.5,an applicant must receive at least four of the votes to be appointed. SCC 2.30.210 states the council appoints by ballot voting if there is more than one applicant for the position. RECOMMENDATION: Council conducts a vote to determine which applicants should fill the Planning and Zoning Commission vacancies with terms expiring in February of 2018 and 2019. *Clerk's Note: There are two different term expirations before the council tonight. After a successful vote, it is the clerk's recommendation that the council assign each appointee to a specific term. Carol Griswold has indicated she would prefer the term expiring in 2019. Craig Ambrosiani has indicated he would be amenable to the term expiring in 2018. David Carlton has indicated he would be fine with either term. 5 \ CITY COUNCIL RULES OF PROCEDURE RULE 38. FILLING BOARD AND COMMISSION VACANCIES The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than 30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate application form,to each board or commission member whose term is about to expire. The Clerk shall include a copy of each completed application and conflict of interest statement(if applicable) in the Council packet. Each applicant for a position on a Council appointed board or commission, shall make a brief presentation to the City Council regarding their qualifications and reasons for wishing to serve.The Clerk shall provide ballots containing the names of all applicants to the Council. Each Council Member shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and tabulation.The Clerk shall read the votes aloud and announce to the Council the number of votes cast for each applicant. The Council shall declare the vacancies filled by those applicants receiving the highest numbers of votes. In the event the number of applicants equals the number of vacant seats, the Council may move to appoint each of the applicants to a seat on the board or commission rather than proceeding with the ballot process. Z r • CITY OF SEWARD, ALASKA RECEIVED APPLICATION FOR THE SEWARD PLANNING AND ZONING COMMISSI i`' 18 2011 I OFFICE OF THE CITY CLERK NAME: ' Carol Griswold STREET ADDRESS: 412 First Ave MAILING ADDRESS: PO Box 1342, Seward, AK 99664 _ HOME TELEPHONE: 907-224-5620 FAX same BUSINESS PHONE none E-MAIL ADDRESS: c_griz@yahoo.com yahoo.com HOW LONG IN THE CITY LIMITS OF SEWARD: since 1980ish PRESENTLY EMPLOYED AT: self-employed small business owner List any special training, education or background you have which may help you as a member of the Commission. Served as Seward P&Z Commissioner from 1997- 2006, including serving as Chair, received training over those years, worked on the 2020 Comprehensive Plan, have attended meetings and commented on many city planning and zoning issues since. Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: I have sold raw land for several developments in Seward. I am specifically interested in serving on the Planning and Zoning Commission because: I would like to work on the new Comp Plan and Seward Parks and Rec Master Plan, zoning issues, quality of life issues, and help to guide the future development of Seward. Have you ever served on a similar commission elsewhere? Yes. If so, where? Seward And when? 1997-2006 Are you available for meetings Tuesday evenings? Yes. If appointed, are you willing to travel: Rarely ( i-is C1-6L'VW May 18, 2016 Signature Date 64) RECEIVED CITY OF SEWARD, ALASKA JUN 01 2016 APPLICATION FOR THE S WARD PLANNING AND ZONING COMMI`.IOI4'FFICE OF THE CITY CLERK NAME: Jai&ZS-I to-) STREET ADDRESS: '414 -2,ud vv e MAILING ADDRESS: Ic 'oX 3s g HOME TELEPHONE: '70')-3c,�Z-3)69 BUSINESS PHONE: E-MAIL ADDRESS: e % C YAl)cO. c FAX: HOW LONG IN THE CITY LIMITS OF SEWARD: S 1/412 S_ PRESENTLY EMPLOYED AT: I rOv►cl.e,,[e 5+2 +± 11'IQd,Gv --CbrlF List any special training, education or background you have which may help you as a member of the Commission. I 5 c-,/ve o S �5 J wti c� LC'ncxr.-- Yod X7125 1s) Corr, CO, �1/a rePi d '6t-ee 1 u M.)5I•vasc A r25 Ye,,90S 6u51.u.vy,14toi),‘ri.e.hk-# LP/141 0:.ht(' Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: J n I am specifically interestedLCin serving on the Planning and Zoning Commission because: 1 i P S7 )A Co.,,‘S-CONL rPw— )c.) c-p, . clr%ue,-4 or ?+Z 1ti .5Qcu'��d. Have you ever served on a similar commission elsewhere? Yes NoI If so, where? And when? Are you available for meetings Tuesday evenings? Ye 5 If appointed, are you willing to travel: Often Occasionally f( Rarely Never S /31 Signatur Date RECEIVED JUN 022016 CITY OF SEWARD, ALASKA OFFICE OF THE APPLICATION FOR THE CITY CLERK SEWARD PLANNING AND ZONING COMMISSION NAME: /.)*QI'd JG 1 &vn e! STREET ADDRESS: /306 as?" /49Ue• getock.021 , /1k MAILING ADDRESS: Po Bok 3?; 6 gm„)„,,,,t HOME TELEPHONE:3bO-6Y996g7 BUSINESS PHONE:aO ' -687-33)0 E-MAIL /' ADDRESS: dwvid.Gaf'FroRn 5. dG ,r .,�I FAX: SOA HOW LONG IN THE CITY LIMITS OF SEWARD: / /1OAf Ids PRESENTLY EMPLOYED AT: i9or I fps Ke& Seu.a(ot List any special training, education or background you have which may help you as a member of the Commission. Fahu /'1wrd)$ . tem/,.Ick aid Ae pe 4i4,i an rf�w,i►:n /7/640e/n4 w.id Vtlt i p ljtaS . kAGAS; Jt. CJscemeeS _ciary%GG ' Have you ever developed real property, other than your own personal residence? If so briefly describe the development: 2 i 4 Ai for ' For ander j ec wnoi ;I i i,cS I am specifically interested in serving on the Planning and Zoning Com fission beca e: r hAoc. . Ate inures♦ i�► /oG4/ Jouernwtery a.r►d ties / �» P re ccet;a 4,p►t experianc c Coo kA ode +o +he GoletN ions al y romG{.i he e4'P ter c4 . Have you ever served on a similar commission elsewhere? Yes or ED If so, where? And when? Are you available for meetings Tuesday evenings? yes If appointed, are you willing to travel: Often X Occasionally Rarely Never 6—/-20/6 i ature Date 55 David DeWayne Carlton Application For Planning and Zoning Commission City of Seward To: Seward City Planning and Zoning Commission Regarding: Application for open seat Date: 6/1/2016 Dear commission members, I am writing in regards to my application dated 6/1/2016. My family of eight and I have been in the beautiful City of Seward for 21 months now and plan to buy a home, I believe that Seward is our new home. I am currently employed at Vigor Alaska Seward formally Seward Ship Dry-dock. I have been a faithful employee for Vigor Industrial for seven years. Starting out as labor personnel, I quickly learned the ship repair industry and started moving in the direction of business. Now I am part of the company's management team I plan, estimate, schedule, and execute various sized repair and fabrication projects both on site and in remote locations. I have had a fair share of exposure to human resources, operations, and facility management in which I think will add to the experience and culture I could offer the Planning and Zoning Commission and the citizens of the City of Seward. I would greatly appreciate your consideration to hold a chair on this board. I feel that I have a calling to local and state government and that time spent with this board will not only benefit myself but also the City's interest as well as the people of Seward. I hope that a lengthy position on the board will give me additional experience and exposure to just how local government works. I must tell you that my interest in government is driven by a desire to help others and influence our community in a positive direction that would best benefit all of those with interest government and citizen alike. Thank you so much and my very best regards, Dave Carlton 206-687-3370 PO Box 3726 Seward, AK 99664 David.carlton25.dc@gmail.com 5 c 2016 June 2016JuneeTh July 2016 Surto TuWe Th Fr Sa Surto TuWe Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat May 29 30 31 Jun 1 2 3 4 v c rn T 2 5 6 7 8 9 10 11 10:00am 1:OOp m HP WS (HP Plan) 1-1 I1 c 12 14 15 16 17 18 7:00pm 10:30pwn 12:00pm 2:00pw\ i CC Mtg J ori PACAB Work Session co 1-1 6:30pm 10:00pren N mHPWS (HP Plan) 7 19 20 21 22 23 24 25 6:00pm 9:30pm P&Z WS In N Q1 r-1 C 7 2627 28 29 30 Jul 1 2 6:00pm 7:00pm\ CC WS 70Jm 10:30pm I CCLip Mtg J Nanci Richey 1 r"1-1 6/6/2016 11:26 AM 16 July 2 0 1 6Ju TuWe Th August 2016 Surto Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 Sun Mon Tue Wed Thu Fri J Sat Jun 26 27 28 29 30 Jul 1 2 N N C 3 4 5 6 7 8 9 Offices Closed 7:00pm 10:30p m P&Z Mtg Q, (City Annex Building) 101 12 13 14 15 16 7:00pm 10:30p m CC Mtg 0 17 18 19 20 21 22 23 6:00pm 9:30pm 12:00pm 2:OOp P&Z WS m PACAB N Work Session 24 1N 26 27 28 29 30 7:00pm 1O:30p m CC Mtg m V 31 Aug 1 2 3 4 5 6 m rn m Nanci Richey 15s 6/6/2016 11:32 AM