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HomeMy WebLinkAbout07112016 City Council Packet Seward City Council Agenda Packet " 4 t-7: - • C1 'tY 1111 alma of July Celebration with Lt.Governor Byron Mallott and City Manager Jim Hunt July 11, 2016 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska ioc S ikt klateg CITY COUNCIL MEETING AGENDA u ��t �f-.•�1 {Please silence all cellular phones during the meeting} 4CASKP July 11, 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—None Council Member B. City Manager's Report Term Expires 2016 C. Other Reports and Presentations Sue McClure 7. PUBLIC HEARINGS—None Council Member Term Expires 2017 Deborah Alterman Council Member Term Expires 2017 James Hunt City Manager Johanna Kinney City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda July 11, 2016 Page 1 8. UNFINISHED BUSINESS—None 9. NEW BUSINESS A. Resolutions *1. Resolution 2016-042, Amending And Restating The ICMA Retirement Corporation Governmental Money Purchase Plan And Trust Document, In Response To Changes In The Internal Revenue Code And Rescinding 2016-027. *2. Resolution 2016-043, Appointing Jean Lewis As Temporary Deputy City Clerk B. Other New Business Items—None 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Planning and Zoning Commission Quarterly Report. 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda July 11, 2016 Page 2 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND RESTATING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST DOCUMENT, IN RESPONSE TO CHANGES IN THE INTERNAL REVENUE CODE AND RESCINDING 2016-027 WHEREAS,the City of Seward("Employer")maintains a 401 Plan which is administered by the ICMA Retirement Corporation (the"Administrator"); and WHEREAS,the Administrator has recommended changes in the Plan document to comply with instructions from the Internal Revenue Service, to incorporate recent federal legislation and Internal Revenue Service Regulations governing said plans; and WHEREAS,employers are required to execute a new adoption agreement by April 30,2016 to incorporate regulatory changes enacted since the prior plan restatement; and WHEREAS,the City has established a qualified retirement plan for eligible employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees,by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS,the City has determined that the continuation of the qualified retirement plan will help meet these objectives; and WHEREAS,the former Resolution 2016-027 was accompanied by a Plan document which was returned to the City with suggested modifications by the Administrator and the administration desires Council's acceptance of the modified Plan document. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, that: Section 1. The City of Seward hereby amends and restates the qualified retirement plan in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan&Trust. Section 2. The assets of the Plan shall be held in trust,with the City of Seward serving as the trustee,for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. 3 CITY OF SEWARD,ALASKA RESOLUTION 2016-042 Section 3. The Employer hereby agrees to serve as Trustee under the Plan. Section 4. Resolution 2016-027 approved by the Seward City Council on March 29,2016 is hereby rescinded. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of July, 2016. THE CITY OF SEWARD ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 4 Agenda Statement of sets, Meeting Date: July 11, 201671-„ �o To: City Council 44.4:1;""--4 Through: James Hunt. City Manag From: Kristin Erchinger, Finance Director vit Agenda Item: Amendment and Restatement of the ICMA-RC Governmental Money Purchase Pension Plan & Trust Adoption Agreement BACKGROUND& JUSTIFICATION: The City of Seward maintains a 401 Plan with the ICMA Retirement Corporation (the "Administrator')which periodically requires amendment and restatement to incorporate changes to Internal Revenue Service ("IRS") Regulations. Staff forwarded a proposed Plan Amendment to the City Council which was approved on March 29, 2016, to include an Addendum. The proposed Amendment was recommended by the ICMA field office representative but when forwarded to the ICMA Corporate Plan division, was rejected for inconsistency. In particular, it was suggested that the proposed Addendum to the Plan Amendment be eliminated and that the Plan document be revised to allow for the inclusion of"management employees"to ensure proper coverage of the city manager. The attached Plan Amendment includes the changes recommended to the City by the ICMA field office representative. The Administrator required the City to execute a restated adoption agreement no later than April 15, 2016,to ensure the plan is updated in accordance with current IRS regulations and avoid the risk of the Plan losing its qualified Plan status. Council's approval of the initial Plan revision met the required deadline, and ICMA is extended the deadline to enable us to make this modification. This Plan was originally established by the City Council to offer a retirement plan for a former city manager who had elected not to participate in the Public Employees' Retirement System. The Plan is different from the City's 457 ICMA-RC Plan, in that it allows the employer to provide employer contributions, which are not allowed within the deferred compensation 457 Plan. This is the only City retirement plan other than PERS. which offers the ability of the City to contribute retirement contributions on behalf of an individual. Maintaining this Plan allows the City flexibility to address retirement contributions on behalf of employees who are not participants in the PERS Plan,or where the City requires flexibility outside of the PERS Plan. for its personnel management system to attract or retain competent personnel. INTENT: To amend and restate the ICMA-RC Governmental Money Purchase Pension Plan&Trust Adoption Agreement to conform with IRS regulation changes. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): i X 5 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: There is no financial impact of amending and restating the existing Plan document. Approved by Finance Department: ATTORNEY REVIEW: Yes No X Not Applicable RECOMMENDATION: _ I City Council approve Resolution 2016-Cauthorizing the amendment and restatement of the 1CMA Retirement Corporation Governmental Money Purchase Plan and Trust Document. 6 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT icnnnRC ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN&TRUST ADOPTION AGREEMENT Plan Number 107183 The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF SEWARD (the"Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. © Yes ❑ No If yes,please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF SEWARD I. Employer: CITY OF SEWARD II. Effective Dates m 1. Effective Date of Restatement. If this document is a restatement of an existing plan,the effective date of the Plan shall be January 1,2007 unless an alternate effective date is hereby specified: (Note:An alternate effective date can be no earlier than January 1,2007.) ❑ 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2.above. (Note provision and effective date.) III. Plan Year will mean: © The twelve(12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) ❑ The twelve(12)consecutive month period commencing on and each anniversary thereof. IV. Normal Retirement Age shall be age 55.0 (not to exceed age 65). Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account.There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age.The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.An age under 55 is presumed not to satisfy this requirement,unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances,but an Employer's good 8 Money Purchase Plan Adoption Agreement 1 Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances,but an Employer's good faith, reasonable determination will generally be given deference.A special rule,however,applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _All Employees All Full Time Employees Salaried Employees _ Non union Employees ✓ Management Employees Public Safety Employees General Employees ✓ Other Employees(Specify the group(s)of eligible employees below.Do not specify employees by name.Specific positions are acceptable.) Police Chief, City Manager The group specified must correspond to a group of the same designation that is defined in the statutes,ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08,the Plan may,however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve(12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment)N/A If this waiver or reduction is elected,it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate.The minimum age requirement is N/A (not to exceed age 21.Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply,but at least one of Options A or B. If Option A is ws selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) m A. Employer Contributions.The Employer shall contribute on behalf of each Participant 10%of Earnings or $ for the Plan Year(subject to the limitations of Article V of the Plan). Mandatory Participant Contributions © are required ❑ are not required to be eligible for this Employer Contribution. m B. Mandatory Participant Contributions for Plan Participation. Required Mandatory Contributions.A Participant is required to contribute(subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through(iii) of the Contribution Schedule below: ©Yes ❑ No 9 Money Purchase Plan Adoption Agreement 2 Employee Opt-In Mandatory Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year(subject to the limitations of Article V of the Plan): in Yes © No Contribution Schedule. (i) 10%of Earnings, (ii) $ ,or (iii) a whole percentage of Earnings between the range of (insert range of percentages between 1%and 20%inclusive(e.g., 3%, 6%, or 20%;5%to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan.A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer"Pick up".The Employer hereby elects to"pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). ❑ Yes ❑ No ("Yes"is the default provision under the Plan if no selection is made.) ❑ C. Election Window(Complete if Option B is selected): Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Fixed Employer Match of Voluntary After-Tax Participant Contributions.The Employer shall contribute on behalf of each Participant_%of Earnings for the Plan Year(subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed %of Earnings or$ . Under this option, there is a single,fixed rate of Employer contributions,but a Participant may decline to make the required Participant contributions in any Plan Year,in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. ❑ B. Variable Employer Match of Voluntary After-Tax Participant Contributions.The Employer shall contribute on behalf of each Participant an amount determined as follows(subject to the limitations of Article V of the Plan): of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding %of Earnings or$ ); 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are "picked up"by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings;however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4(or subsequent guidance). 10 Money Purchase Plan Adoption Agreement 3 PLUS %of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate %of Earnings or$ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or %of Earnings,whichever is_more or_less. 3. Each Participant may make a voluntary(unmatched), after tax contribution,subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes m No ("No"is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books)with or within which the particular Limitation year ends, or in accordance with applicable law): BI-WEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule(no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books)with or within which the particular Limitation year ends,or in accordance with applicable law): BI-WEEKLY 6. In the case of a Participant performing qualified military service(as defined in Code section 414(u))with respect to the Employer: A. Plan contributions will be made based on differential wage payments: ❑ Yes m No ("Yes"is the default provision under the Plan if no selection is made.) If yes is selected, this is effective beginning January 1,2009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes © No ("No"is the default provision under the Plan if no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1,2007,unless another later effective date is filled in here: 11 Money Purchase Plan Adoption Agreement 4 VII. EARNINGS Earnings,as defined under Section 2.09 of the Plan,shall include: 1. Overtime ❑ Yes 0 No 2. Bonuses 0 Yes ❑ No 3. Other Pay(specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: 0 Yes ❑ No ("Yes"is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non-spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available, If the Plan delayed making such rollovers available,check the box below and indicate the later effective date in the space provided. in Effective Date is . (Note: Plans must offer direct rollovers by non-spouse beneficiaries no later than plan years beginning after December 31,2009.) IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is(or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions(as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer,the provisions of Section 5.02(a) through(e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount,and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective date below,Article 5 of the Plan will apply to limitations years beginning on or after July 1,2007. (The effective date listed cannot be later than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the plan that begins on or after July 1,2007.) 12 Money Purchase Plan Adoption Agreement 5 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule,subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below,enter the applicable percent—from 0 to 100 (with no entry after the year in which 100%is entered),in ascending order.) Period of Service Completed Percent Vested Zero 100 One 100 % Two 100 % Three 100 % Four 100 % Five 100 % Six 100 % Seven 100 % Eight 100 % Nine 100 % Ten 100 % XI. WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains(select one of the below options): ❑ Normal Retirement Age O Age 7011 ("701/2"is the default provision under the Plan if no selection is made.) ❑ Alternate age(after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. O Yes ❑ No ("Yes"is the default provision under the plan if no selection is made.) 3. Tax-free distributions of up to$3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. O Yes ❑ No ("No"is the default provision under the Plan if no selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. ❑ Yes 0 No ("No"is the default provision under the Plan if no selection is made.) 5. Loans are permitted under the Plan,as provided in Article XIII of the Plan: ❑ Yes 0 No ("No"is the default provision under the Plan if no selection is made.) 13 Money Purchase Plan Adoption Agreement 6 XII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election.The normal form of payment of benefits under the Plan is a lump sum.The Participant can name any person(s) as the Beneficiary of the Plan,with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII).The normal form of payment of benefits under the Plan is a lump sum. Upon death,the surviving spouse is the Beneficiary,unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Consent Election"is the default provision under the Plan if no selection is made.) ❑ 3. QJSA Election (Article XVII).The normal form of payment of benefits under the Plan is a 50%qualified joint and survivor annuity with the spouse(or life annuity, if single). In the event of the Participant's death prior to commencing payments,the spouse will receive an annuity for his or her lifetime. (If C is selected,the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either I or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: ❑ All Eligible Employees El Other: Final Pay shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final Pay—must be leave that Employee would have been able to use if employment had continued and must be bona fide vacation and/or sick leave): ❑ 1. Employer Final Pay Contribution.The Employer shall contribute on behalf of each Participant %of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Final Pay Contribution.Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected,an Employee's election shall remain in force and may not be revised or revoked. 14 Money Purchase Plan Adoption Agreement 7 XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Accrued Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other(insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution.The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year,the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant %of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute (insert fixed percentage of accrued unpaid leave to be contributed)or up to % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected,an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust.This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan,which was submitted to the Internal Revenue Service for approval on April 2, 2012,and received approval on March 31,2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan.The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator,in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. 15 Money Purchase Plan Adoption Agreement 8 XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of , 20 EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: By: Print Name: James Hunt Print Name: Title: City Manager Title: Attest: Attest: 16 Money Purchase Plan Adoption Agreement 9 /eia._ I(MA RETIREMENT CORPORATION 777 NORTH CAPITOL STREET,NE I WASHINGTON,DC 20002-4240 800-669-7400 IC A A1V1A RC WWW.ICMARC.ORG /�" BRC000-214-21268-201405-W1303 BUILDING PUBLIC SECTOR RETIREMENT SECURITY 17 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND RESTATING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST DOCUMENT, IN RESPONSE TO CHANGES IN THE INTERNAL REVENUE CODE WHEREAS, the City of Seward("Employer")maintains a 401 Plan which is administered by the 1CMA Retirement Corporation(the"Administrator"); and WHEREAS,the Administrator has recommended changes in the Plan document to comply with instructions from the Internal Revenue Service, to incorporate recent federal legislation and Internal Revenue Service Regulations governing said plans; and WHEREAS,employers are required to execute a new adoption agreement by April 30,2016 to incorporate regulatory changes enacted since the prior plan restatement; and WHEREAS, the city has established a qualified retirement plan for eligible employees that serves the interest of the city by enabling it to provide reasonable retirement security for its employees,by providing increased flexibility in its personnel management system,and by assisting in the attraction and retention of competent personnel; and WHEREAS, the city has determined that the continuation of the qualified retirement plan will help meet these objectives. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City of Seward hereby amends and restates the qualified retirement plan in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust. Section 2. The assets of the Plan shall be held in trust, with the City of Seward serving as the trustee, for the exclusive benefit of the Plan participants and their beneficiaries.and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. The Employer hereby agrees to serve as Trustee under the Plan. Section 4. This resolution shall take effect immediately upon its adoption. 18 CITY OF SEWARD, ALASKA RESOLUTION 2016-027 PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 29th day of March, 2016. THE CITY OF SEWARD ALASKA ( - e,LL 4 ,t is .env' cd an Bardarson,Mayor AYES: Casagranda, Keil, Squires, Aitetmatt, McClure, Bardarson NOES: None ABSENT: Butts ABSTAIN: None ATTEST: 1 L / mi . Jo anna KiT ,, CMC ' ty Clerk (City Seal) �J OF SEt:; ". f`' J•. 0 f i - • M ' : 0 : ; . • • • .V• % _ /.4 •••., : .. ,4 4' U .�_i ,, 19 Sponsored by: Clerk CITY OF SEWARD,ALASKA RESOLUTION 2016-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPOINTING JEAN LEWIS AS TEMPORARY DEPUTY CITY CLERK WHEREAS,while City Clerk Johanna Kinney is on maternity leave for approximately the months of August, September, and October, 2016, Deputy City Clerk Brenda Ballou will be appointed as Acting City Clerk in Kinney's absence; and WHEREAS,the City Clerk's Office posted and advertised a temporary Deputy City Clerk position while Ballou is the Acting City Clerk; and WHEREAS, during this time, the city received an application from Jean Lewis, who is a Master Municipal Clerk(MMC)and was the Seward City Clerk from 2002-2010 before retirement from the City of Seward; and WHEREAS, due to her high qualifications, Lewis has been selected to fill the position of Temporary Deputy City Clerk during the time Kinney is on maternity leave and Ballou is the Acting City Clerk; and WHEREAS, SCC 2.20.045 (10) requires that any person hired as a Deputy City Clerk be approved by a majority vote of the City Council. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council approves Jean Lewis as a Temporary Deputy City Clerk beginning no earlier than July 18,2016 and no later than October 21,2016,with all range and progressive requirements established in the current Deputy City Clerk job description. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of July,2016. 20 CITY OF SEWARD,ALASKA RESOLUTION 2016-043 THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 21 Council Agenda Statement Meeting Date: July 11. 2016 e 4of sett" To: Mayor Bardarson, City Council Members V , *pm, From: Johanna Kinney,City Clerk 41.Asv, Agenda Item: Appoint Jean Lewis as Temporary Deputy City Clerk BACKGROUND & JUSTIFICATION: Beginning the last week in July, City Clerk Johanna Kinney will be going on maternity leave for approximately the months of August, September, and a portion of October. At this time, Deputy City Clerk Brenda Ballou will be placed in acting status as Acting City Clerk. These summer months are very busy and time sensitive for the City Clerk's Office,primarily with pre-election preparations and important legal notice requirements for the primary,city,and general elections this year,as well as running the Seward-Obihiro Sister City Student Exchange program in addition to the day-to-day functions of the department. To help with the absence of Kinney,the City Clerk's Office advertised a Temporary Deputy Clerk position and received an application from retired former City Clerk Jean Lewis. Lewis was the City Clerk of Seward from 2002 to 2010, where she obtained the designation as a Certified Municipal Clerk. Lewis has agreed to work for the City of Seward in this Temporary Deputy City Clerk capacity for a portion of the time Kinney will be away on maternity leave. Seward City Code 2.20.045 (10) states the City Clerk shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall be approved by a majority vote of the council. Jean Lewis has been conditionally offered the position of Temporary Deputy City Clerk and staff respectfully requests council approval of this appointment. INTENT: To appoint Jean Lewis as a Deputy City Clerk on a temporary basis. as required by Seward City Code Section 2.20.045 (10) CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 22 2. Strategic Plan (document source here): X Other(list): Seward City Code 2.20.045 (10), City Clerk: 3 He shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall he approved by a majority vote of the council. ATTORNEY REVIEW: No FISCAL NOTE: Funding for this position will be budgeted from the City Clerk's budget under Personnel Services, as there will be a surplus in this section due to Kinney's absence. Approved by Finance Department: ktodz=i 444144"'P RECOMMENDATION: Approve Resolution 2016-043, authorizing the City Clerk to appoint Jean Lewis as a Temporary Deputy City Clerk. 23 MEMORANDUM ��oc SF�4 ti City of Sewards Date: July 11, 2016 To: Seward City Council From: Planning and Zoning Commission Donna Glenz, Planner Subject: Planning and Zoning Quarterly Report(April 1, 2016—June 30, 2016) At the October 2015 Council Organizational Meeting the Council directed the Planning and Zoning Commission to provide quarterly P&Z reports. At the direction of Council the reports are to be provided in person with written back for the first and third quarters and in written form submitted for the Council packet for the second and fourth quarters. This second quarterly report for 2016 will bring the Council up to date for the months of April through June 2016. The report is presented in written form under Reports on the Council Agenda of July 11, 2016. April • Regularly Scheduled April 5 meeting o Election of Chair, Cindy Ecklund and Vice-Chair Martha Fleming o Approved Resolution 2016-03, recommending City Council approve Ordinance 2016-001, amending the zoning designation of Lot 11A-2, Fort Raymond from Park to Multi-Family. o Approved Resolution 2016-04, recommending Council approval of the Planning and Zoning April 2016-2017 Priorities. o Selected Commissioner Fleming to present the first quarterly report of 2016 at the April 11, 2016 Council meeting. • Regularly Scheduled Work Session -April 19 o Subject"Continued Review of the Parks and Recreation Master Plan" v • Regularly Scheduled May 3, 2016 meeting o Approved Resolution 2016-05, granting a Conditional Use Permit to Kenai Peninsula Housing Initiatives, Inc. to construct and operate a five (5) unit senior housing apartment complex on Lot 11A-2, Fort Raymond Subdivision No. 4 (replat pending), located at 2200 Dimond Boulevard, within the Multi-Family (R3)Zoning District(rezone pending) 24 o Approved Resolution 2016-06, recommending City Council approve Ordinance 2016-03 amending the zoning designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two Family Residential (R2), located at 700 Second Avenue • Regularly Scheduled May 19, 2016 work session o Canceled June • Regularly Scheduled June 7, 2016 meeting o Canceled due to lack of quorum • Regularly Scheduled June 7th Quarterly Work Session with the Seward Bear Creek Flood Board o Canceled due to lack of quorum • Regularly Scheduled June 21, 2016 work session. o Introduced two new Commissioners, Craig Ambrosiani and Dave Carlton o Met with Comprehensive Plan Update Contractors Staff note: ✓ Community Development staff review of 36 building permit applications and 34 new business license applications and lodging permit applications for the year. 25 July July 2016 August 2016 SuMo TuWe Th Fr Sa o 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 Sat Jun 26 27 28 29 30 Jul 1 2 N 11) (N N C 3 4 5 6 7 8 9 Offices Closed! rn m 10 11 12 13 14 15 16 7:00pm 10:30p m CC Mtg 0 17 18 19 20 21 22 23 7:00pm 10:30p m P&Z Mtg M N N N 24 25 26 27 28 29 30 7:00pm 10:30p m CC Mtg 0 m ry 31 Aug 1 2 3 4 5 6 z Nand Richey 7/5/2016 9:28 AM 26 August 2 016TuWTh At September 2016 Surto TuWe Th Fr Sa Surto TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 Sun Mon Tue Wed Thu Fri Sat Jul 31 Aug 1 2 3 4 5 6 7:00pm 10:30p m P&Z Mtg ,o (City Annex Building) m 7 8 9 10 11 12 13 7:00pm 10:30p m CC Mtg m N p 14 15 16 17 18 19 20 6:00pm 9:30pm 6:30pm 10:30p 10:00am 1:OOp P&Z WS mHPMtg& mHPWS(HP WS(HP Plan) Plan) ry Tr- 7 7 21 22 23 24 25 26 27 7:00pm 10:30p m CC Mtg N N -I N m 28 29 30 31 Sep 1 2 3 n, 111 CO v N N 01 Nand Richey 7/5/2016 9:29 AM 27