Tab_191[s II ['LI I Is] I 1 1
I, BRYANT HAMMOND, City Clerk of the City of Nome, Alaska (the "City"),
HEREBY CERTIFY that the document attached hereto is an accurate and complete
copy of Resolution No. R-16-09-03 of the City adopted by the Nome City Council at a
meeting duly called and held on September 12, 2016, and that Resolution No. R-16-09-
03 has not been modified, amended, repealed or rescinded, but is in full force and effect
on the date hereof.
IN WITNESS WHEREOF, I have executed this certificate and impressed the seal
of the City of Nome hereon this 3rd day of November 2016.
BRYANT HAMMOND
City Clerk
City of Nome
[S EAL]
505301\44\00550229
Presented By:
City Manager
Action Taken:
Yes
No
Abstain 0
,ia1
WHEREAS, there are now outstanding General Obligation Refunding Bonds, 2007 Series A
of the City of Nome (the "City') maturing on December i in the years 2017 through 2020 in the
aggregate principal amount of $665,000 (the '2007 Bonds") issued under Resolution No. R-o6-12-
02 of the City and originally issued under Ordinance No. O-oo-ii-B of the City; and
WHEREAS, the Council finds that it is in the best interest of the City to provide for the
refunding, including the payment of principal of, and premium and interest on, those maturities
of the 2007 Bonds (the "Refunded Bonds") whose refunding the Manager or the Finance Director
determines will produce the percentage debt service savings specified in this resolution, by the
issuance of general obligation refunding bonds (the "Bonds") in the aggregate principal amount of
not to exceed $800,000; and
WHEREAS, Section 29.47.320 of the Alaska Statutes provides that general obligation
refunding bonds may be issued without an election, Section 29.47.300 of the Alaska Statutes
provides that their issuance may be authorized by resolution, and Section 29.47.410 of the Alaska
Statutes provides that the Council by resolution may provide for the form and manner of sale of
bonds and notes; and
WHEREAS, the Alaska Municipal Bond Bank and the City intend to enter into an
Amendatory Loan Agreement, which amends the Loan Agreement dated as of November 15, 2000,
as amended by the Amendatory Loan Agreement dated as of January i, 2007, between the Alaska
Municipal Bond Bank and the City to provide for the refunding of the Refunded Bonds through
their exchange for the Bonds, and related matters; and
WHEREAS, the Council finds that it is necessary and appropriate to delegate to the
Manager and the Finance Director authority to determine the maturity amounts, interest rates
and other details of the Bonds, and to determine other matters that are not provided for in this
resolution;
NOW, THEREFORE, BE IT RESOLVED:
Section i. Definitions. The following terms shall have the following meanings in this
resolution:
A. "Amendatory Loan Agreement" means the Amendatory Loan Agreement
between the City and the Bond Bank, amending the 2000 Loan Agreement, as amended by the
2007 Amendatory Loan Agreement, to provide for the refunding of the Refunded Bonds through
their exchange for the Bonds, and related matters.
B. "Bond" or "Bonds" means any of the "General Obligation Refunding Bonds"
of the City of Nome, the issuance and sale of which are authorized herein.
C. "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation
of the State of Alaska.
D. "Bond Bank Bonds" means general obligation bonds issued by the Bond
Bank to refund all or part of its outstanding General Obligation Bonds, 2007 Series One.
E. "Bond Register" means the registration books maintained by the Registrar,
which include the names and addresses of the Registered Owners of the Bonds or their nominees.
F. "City' means the City of Nome, a municipal corporation of the State of
Alaska, organized as a first class city under Title 29 of the Alaska Statutes.
G. "Code" means the Internal Revenue Code of 1986, as amended from time to
time, together with all regulations applicable thereto.
H. "Council" means the Council of the City of Nome, as the general legislative
authority of the City of Nome, as the same shall be duly and regularly constituted from time to
time.
I. "Government Obligations" means obligations that are either (i) direct
obligations of the United States of America, or (ii) obligations of an agency or instrumentality of
the United States of America the timely payment of the principal of and interest on which are
unconditionally guaranteed by the United States of America
J. "Loan Agreement" means the z000 Loan Agreement, as amended by the
2007 Amendatory Loan Agreement and the Amendatory Loan Agreement.
K. "Refunded Bonds" means the maturities of the 2007 Bonds whose
refunding is approved by the Manager or the Finance Director under Section 12.
L. "Registered Owner" means the person named as the registered owner of a
Bond in the Bond Register.
M. "Registrar" means the Finance Director, or any successor that the City may
appoint by resolution.
N. "Resolution" means this Resolution No. R-16-09-03 of the City.
0. 2000 Loan Agreement" means the Loan Agreement dated as of November
15, 2000 between the City and the Bond Bank.
P. "2007 Amendatory Loan Agreement" means the Amendatory Loan
Agreement dated as of January i, 2007 between the City and the Bond Bank.
Section z. Authorization of Bonds and Purpose of Issuance. For the purpose of effecting
the refunding by exchange of the Refunded Bonds in the manner set forth in this Resolution and
the Amendatory Loan Agreement, and to pay all costs incidental thereto and to the issuance of
the Bonds, the City hereby authorizes and determines to issue and sell the Bonds in the aggregate
principal amount of not to exceed $800,000.
Section 3. Obligation of Bonds. The Bonds shall be direct and general obligations of the
City and the full faith and credit of the City are hereby pledged to the payment of the principal of
and interest on the Bonds. The City hereby irrevocably pledges and covenants that it will levy and
collect taxes upon all taxable property within the City without limitation as to rate or amount, in
amounts sufficient, together with other funds legally available therefor, to pay the principal of and
interest on the Bonds as the same become due and payable.
Section 4. Designation, Maturities, Interest Rates, and Other Details of Bonds. The Bonds
shall be designated "City of Nome, Alaska, General Obligation Refunding Bonds." The Bonds shall
be in the denomination of $5,000 or any integral multiple thereof, shall be numbered separately in
the manner and with such additional designation as the Registrar deems necessary for purposes of
identification, and may have endorsed thereon such legends or text as may be necessary or
appropriate to conform to the rules and regulations of any governmental authority or any usage
or requirement of law with respect thereto.
The Bonds shall mature in one or more years commencing no earlier than 2016 and ending
no later than 2021. The Bonds shall bear interest from their date, payable commencing on or after
December 1, 2016, and semiannually thereafter. Interest will be computed on the basis of a 360-
day year consisting of twelve 30-day months.
Subject to Section 2 and the remainder of this section, the aggregate principal amount, the
principal amount of each maturity, the interest rates, the dated date, the principal and interest
payment dates and the record dates for principal and interest payments on the Bonds shall be
determined at the time of execution of the Amendatory Loan Agreement under Section 16.
Section 5. Op tional Redemption. The Bonds shall not be subject to option redemption by
the City prior to maturity.
Section 6. Form of Bond. Each Bond shall be in substantially the following form, with
such variations, omissions and insertions as may be required or permitted by this Resolution:
UNITED STATES OF AMERICA
STATE OF ALASKA
CITY OF NOME
(A Municipal Corporation of the State of Alaska)
I.J
$
GENERAL OBLIGATION REFUNDING BOND, 2016 SERIES
Registered Owner
Principal Amount DOLLARS
The City of Nome (the "City'), a municipal corporation of the State of Alaska, hereby
acknowledges itself to owe and for value received promises to pay to the Registered Owner
identified above, or registered assigns, the principal amount shown above in the following
installments on i of each of the following years, and to pay interest on such installments
from the date hereof, payable on December 1, 2016 and semiannually thereafter on the days of
and of each year, at the rates per annum as follows:
Year Principal Amount Interest Rate Year Principal Amount Interest Rate
When this Bond is owned by the Alaska Municipal Bond Bank (the 'Bond Bank"), payment
of principal and interest shall be made as provided in the Loan Agreement between the Bond
Bank and the City dated as of November 15, 2000, as amended. When this Bond is not owned by
the Bond Bank, installments of principal and interest on this Bond shall be paid by check or draft
mailed by first class mail to the Registered Owner as of the close of business on the 15th day of the
month preceding each installment payment date; provided that the final installment of principal
and interest on this Bond shall be payable upon presentation and surrender of this Bond by the
Registered Owner at the office of the Registrar. Interest will be computed on the basis of a 360-
day year consisting of twelve 30-day months. Both principal of and interest on this Bond are
payable in lawful money of the United States of America which, on the respective dates of
payment thereof, shall be legal tender for the payment of public and private debts.
This Bond is one of the General Obligation Refunding Bonds, 2016 Series of the City of
Nome, Alaska, of like tenor and effect except as to interest rate, serial number and maturity,
aggregating _______ in principal amount, and constituting Bonds authorized for the purpose
of refunding certain general obligation bonds issued by the City, and is issued under Resolution
No. R-16-09-03 of the City entitled:
A RESOLUTION AUTHORIZING THE CITY OF NOME, ALASKA TO ISSUE
GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED $800,000 TO REFUND CERTAIN OUTSTANDING GENERAL
OBLIGATION BONDS OF THE CITY, FIXING CERTAIN DETAILS OF SUCH
BONDS AND AUTHORIZING THEIR SALE.
(the 'Resolution'),
Installments of principal of this Bond shall not be subject to prepayment at the option of
the City prior to maturity.
This Bond is transferable as provided in the Resolution, (i) only upon the bond register of
the City, and (ii) upon surrender of this Bond together with a written instrument of transfer duly
executed by the Registered Owner or the duly authorized attorney of the Registered Owner, and
thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and
maturity shall be issued to the transferee in exchange therefor as provided in the Resolution and
upon the payment of charges, if any, as therein prescribed. The City may treat and consider the
person in whose name this Bond is registered as the absolute owner hereof for the purpose of
receiving payment of, or on account of, the principal or redemption price, if any, hereof and
interest due hereon and for all other purposes whatsoever.
This Bond is a general obligation of the City of Nome and the full faith and credit of the
City are pledged for the payment of the principal of and interest on this Bond as the same shall
become due.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by
the constitution or statutes of the State of Alaska to exist, to have happened or to have been
performed precedent to or in the issuance of this Bond exist, have happened and have been
performed, and that the series of Bonds of which this is one, together with all other indebtedness
of the City, is within every debt and other limit prescribed by said constitution or statutes.
IN WITNESS WHEREOF, THE CITY OF NOME, ALASKA, has caused this Bond to be
signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its
corporate seal (or a facsimile thereof) to be impressed or otherwise reproduced hereon and
attested by the manual or facsimile signature of its Clerk, all as of the day of
2016.
Mayor
ATTEST:
Clerk
[SEAL]
ASSIGNMENT
For value received, the undersigned sells, assigns and transfers to (print or typewrite
name, address, zip code and Social Security number or other tax identification number of
Transferee)
this Bond and irrevocably constitutes and appoints
attorney to transfer this Bond on the Bond Register, with full power of substitution in the
premises.
Dated:
Signature Guaranteed:
Notice: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of this Bond.
Section 7. Execution. The Bonds shall be executed in the name of the City by the manual
or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) shall be
impressed or otherwise reproduced thereon and attested by the manual or facsimile signature of
the City Clerk. The execution of a Bond on behalf of the City by persons who at the time of the
execution are duly authorized to hold the proper offices shall be valid and sufficient for all
purposes, although any such person shall have ceased to hold office at the time of delivery of the
Bond or shall not have held office on the date of the Bond.
Section 8. Payment of Principal and Interest. The Bonds shall be payable in lawful money
of the United States of America which at the time of payment is legal tender for the payment of
public and private debts. When the Bond Bank is the Registered Owner of the Bonds, payment of
principal and interest on the Bonds shall be made as provided in the Loan Agreement. When the
Bond Bank is not the Registered Owner of the Bonds, installments of principal and interest on the
Bonds shall be paid by check mailed by first class mail to the Registered Owner as of the record
date for the installment payment at the address appearing on the Bond Register; provided that the
final installment of principal and interest on a Bond shall be payable upon presentation and
surrender of the Bond by the Registered Owner at the office of the Registrar.
Section 9. B&gjjatiQJi. The Bonds shall be issued only in registered form as to both
principal and interest. The City designates the Finance Director as Registrar for the Bonds. The
Registrar shall keep, or cause to be kept, the Bond Register at the principal office of the City. The
City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system
for recording the ownership of each Bond that complies with the provisions of Section 149 of the
Code, The City and the Registrar may treat the person in whose name any Bond shall be
registered as the absolute owner of such Bond for all purposes, whether or not the Bond shall be
overdue, and all payments of principal of and interest on a Bond made to the Registered Owner
thereof or upon its order shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid, and neither the City nor the Registrar shall
be affected by any notice to the contrary.
Section 10. Transfer and Exchange. Bonds shall be transferred only upon the books for
the registration and transfer of Bonds kept at the office of the Registrar. Upon surrender for
transfer or exchange of any Bond at such office, with a written instrument of transfer or
authorization for exchange in form and with guaranty of signature satisfactory to the Registrar,
duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner,
the City shall execute and deliver an equal aggregate principal amount of Bonds of the same
maturity of any authorized denominations, subject to such reasonable regulations as the City may
prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental
charge required to be paid in connection with such transfer or exchange. All Bonds surrendered
for transfer or exchange shall be canceled by the Registrar.
Section 11. Bonds Mutilated, Destroyed. Stolen or Lost. Upon surrender to the Registrar of
a mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal
amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been
destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with
indemnity satisfactory to it, the City shall execute and deliver a new Bond of like maturity and
principal amount. The person requesting the execution and delivery of a new Bond under this
section shall comply with such other reasonable regulations as the City may prescribe and pay
such expenses as the City may incur in connection therewith.
Section 12. Designation of Refunded Bonds. The Manager and the Finance Director each
is authorized to designate which, if any, maturities of the 2,007 Bonds authorized to be refunded
in this Resolution shall be refunded, provided that the refunding of the 2007 Bonds so designated
shall realize a debt service savings in the aggregate of at least three percent of their principal
amount, net of all issuance costs and underwriting discount, on a present value basis.
Section 13. Tax Covenants, The City covenants to comply with any and all applicable
requirements set forth in the Code in effect from time to time to the extent that such compliance
shall be necessary for the exclusion of the interest on the Bonds from gross income for federal
income tax purposes. Without limiting the generality of the foregoing, the City covenants that it
will make no use or investment of the proceeds of the Bonds that will cause the Bonds to be
"arbitrage bonds" subject to federal income taxation by reason of section 148 of the Code, and that
it will not take or permit any action that would cause the Bonds to be "private activity bonds" as
defined in Section 141 of the Code.
Section 14. Amendatory and Suoplenienial Resolutions.
A. The Council from time to time and at any time may adopt a resolution or
resolutions supplemental hereto, which resolution or resolutions thereafter shall become a part of
this Resolution, for any one or more of the following purposes:
i. To add to the covenants and agreements of the City in this
Resolution other covenants and agreements thereafter to be observed, or to surrender any right or
power herein reserved to or conferred upon the City.
2. To make such provisions for the purpose of curing any ambiguities
or of curing, correcting or supplementing any defective provision contained in this Resolution or
in regard to matters or questions arising under this Resolution as the Council may deem
necessary or desirable and not inconsistent with this Resolution and which shall not adversely
affect the interests of the Registered Owners of the Bonds.
Any such supplemental resolution may be adopted without the consent of
the Registered Owner of any of the Bonds at any time outstanding, notwithstanding any of the
provisions of subsection B of this section.
B. With the consent of the Registered Owners of not less than 6o percent in
aggregate principal amount of the Bonds at the time outstanding, the Council may adopt a
resolution or resolutions supplemental hereto for the purpose of adding any provisions to or
changing in any manner or eliminating any of the provisions of this Resolution or of any
supplemental resolution; provided, however, that no such supplemental resolution shall:
i. Extend the fixed maturity of any of the Bonds, or reduce the rate of
interest thereon, or extend the time of payments of interest from their due date, or reduce the
amount of the principal thereof, or reduce any premium payable on the redemption thereof,
without the consent of the Registered Owners of each Bond so affected; or
2. Reduce the aforesaid percentage of Registered Owners of Bonds
required to approve any such supplemental resolution without the consent of the Registered
Owners of all of the Bonds then outstanding.
It shall not be necessary for the consent of the Registered Owners of the
Bonds under this subsection to approve the particular form of any proposed supplemental
resolution, but it shall be sufficient if such consent approves the substance thereof.
C. Upon the adoption of any supplemental resolution under this section, this
Resolution shall be deemed to be modified and amended in accordance therewith, and the
respective rights, duties and obligations under this Resolution of the City and all Registered
Owners of outstanding Bonds shall thereafter be subject in all respects to such modification and
amendment, and all the terms and conditions of the supplemental resolution shall be deemed to
be part of the terms and conditions of this Resolution for any and all purposes.
D. Bonds executed and delivered after the execution of any supplemental
resolution adopted under this section may bear a notation as to any matter provided for in such
supplemental resolution, and if such supplemental resolution shall so provide, new Bonds
modified so as to conform, in the opinion of the City, to any modification of this Resolution
contained in any such supplemental resolution may be prepared by the City and delivered
without cost to the Registered Owners of the Bonds then outstanding, upon surrender for
cancellation of such Bonds in equal aggregate principal amounts.
Section 15. Defeasance. In the event money and/or non-callable Government Obligations
maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem
and retire any or all of the Bonds in accordance with their terms are set aside in a special trust
account to effect such redemption or retirement and such moneys and the principal of and
interest on such Government Obligations are irrevocably set aside and pledged for such purpose,
then no further payments need be made to pay or secure the payment of the principal of and
interest on such Bonds and such Bonds shall be deemed not to be outstanding.
Section 16. Exchange of Bonds: Amendatoiy Loan Agreement. The Bonds shall be
delivered to the Bond Bank in exchange for the Refunded Bonds. Subject to the limitations
provided in Sections 2 and 4, each of the Manager and the Finance Director is hereby authorized
to determine the aggregate principal amount, maturity amounts, interest rates, yields, dated date,
principal and interest payment dates, record dates for principal and interest payments, and other
details of the Bonds; provided that: (i) the principal amount of each maturity of the Bonds shall
not exceed the principal amount of the portion of the corresponding maturity of the Bond Bank
Bonds that is allocated to the making of a loan to the City; and (ii) the interest rate on each
maturity of the Bonds shall not exceed the interest rate on the corresponding maturity of the
Bond Bank Bonds. Based upon the foregoing determinations, the Manager and the Finance
Director are each authorized to negotiate and execute the Amendatory Loan Agreement.
Section 17. Authority of 'Officers. The Mayor, the acting Mayor, the Manager, the acting
Manager, the Finance Director, the acting Finance Director, the Clerk and the acting Clerk each is
authorized and directed to do and perform all things and determine all matters not determined
by this Resolution, to the end that the City may carry out its obligations under the Bonds, the
Loan Agreement and this Resolution.
Section 18. Prohibited Sale of Bonds. No person, firm or corporation, or any agent or
employee thereof, acting as financial consultant to the City under an agreement for payment in
connection with the sale of the Bonds, is eligible to purchase the Bonds as a member of the
original underwriting syndicate either at public or private sale.
Section 19. Ongoing Disclosure. The City acknowledges that, under Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule'), the City may now or in the future be an
"obligated person" with respect to the Bond Bank Bonds. In accordance with the Rule and as the
Bond Bank may require, the City shall enter into a continuing disclosure agreement and
undertake to 'provide certain annual financial information and operating data as shall be set forth
in the Amendatory Loan Agreement.
Section 20. Miscellaneous.
A. All payments made by the City of, or on account of, the principal of or
interest on the Bonds shall be made on the several Bonds ratably and in proportion to the amount
due thereon, respectively, for principal or interest as the case may be.
B. No recourse shall be had for the payment of the principal of or the interest
on the Bonds or for any claim based thereon or on this Resolution against any member of the
Council or officer of the City or any person executing the Bonds. The Bonds are not and shall not
be in any way a debt or liability of the State of Alaska or of any political subdivision thereof,
except the City, and do not and shall not create or constitute an indebtedness or obligation, either
legal, moral or otherwise, of said state or of any political subdivision thereof, except the City.
Section 22. Severability. If any one or more of the provisions of this Resolution shall be
declared by any court of competent jurisdiction to be contrary to law, then such provision shall be
null and void and shall be deemed separable from the remaining provisions of this Resolution and
shall in no way affect the validity of the other provisions of this Resolution or of the Bonds.
Section 23. Effective Date. This Resolution shall take effect upon adoption.
APPROVED and SIGNED this this 12th day of September, 2016.
RICHARD hENEVILLIE, Mayor
ATTEST:
BRYANT HAMMOND, City Clerk
['I 1 II [i1I I s] i4 I 1 1
I, BRYANT HAMMOND, City Clerk of the City of Nome, Alaska (the "City"),
HEREBY CERTIFY that the document attached hereto is an accurate and complete
copy of an extract from the minutes of the September 12, 2016, regular meeting of the
Nome City Council showing adoption of Resolution No. R-16-09-03, and that the
meeting was duly called and held with a quorum acting throughout.
IN WITNESS WHEREOF, I have executed this certificate and impressed the seal
of the City of Nome hereon this 3rd day of November, 2016.
BRYANT HAMMOND, City Clerk
City of Nome
[S EAL]
505301\44\00550232
Mayor
Richard Beneville
Manager
Tom Moran
Clerk
Bryant Hammond
Nome City Council
Stan Andersen
Jerald Brown
Matt Culley
Louie Green, Sr.
Tom Sparks
Lew Tobin
102 Division St. P.O. Box 281
Nome, Alaska 99762
Phone (907) 443-6663
Fax (907) 443-5345
NOME COMMON COUNCIL
REGULAR MEETING AGENDA
I. ROLL CALL
II. APPROVAL OF AGENDA
iLL APPROVAL OF MINUTES
A. August 22, 2016 City Council Regular Meeting Minutes,
PAGE
B. September 6, zo16 City Council Special Meeting Minutes,
PAGE 7
IV. COMMUNICATIONS
A. Letter August 16, zo16 from Nome Community Center to City Council re: Change
Request for 2016 NSEDC Community Benefit Share Funds,
PAGE 9
B. Email of August 23, 2016 from AMLJIA to Manager Moran re: Appointment to
AMLJIA Board of Trustees,
PAGE ii
C. Notice from AML to City of Nome re: Newly Elected Officials Training,
November 14, 2016,
PAGE 13
D. Notice From City of Nome re: Fall Clean Up Week October io —15, 2016,
PAGE 15
V. CITIZENS' COMMENTS
VI. PLANNING AND ZONING
A. August 2, 2oi6 Planning Commission Regular Meeting Minutes,
PAGE 17
VII. UNFINISHED BUSINESS
A. 0-16-09-01 An Ordinance Amending Section 2.45.010 of the Nome Code of
Ordinances to Establish a Policy on Paying Elected or Appointed Officials While
They are Employed by the City of Nome,
SECOND READING/PUBLIC HEARING/FINAL PASSAGE,
PAGE 23
Page lof 2
Nome City Council Regular Meeting September 12, 2016
VIII. NEW BUSINESS
A. Public Hearing: Consideration of a Request from Norton Sound G-O
Development to Rezone Portions of Blocks 109, no, 125, 126, and 127 from General
Use to Commercial Use, and a Portion of Block ill from General Use to
Residential Use,
PAGE 25
B. 01609-02 An Ordinance Amending Section 3.05 of the Nome Code of
Ordinances to Prohibit the Sale of Liquor Products in Containers Smaller than
750 ML at All Locations South of 3rd Ave,
FIRST READING,
PAGE 35
C. R-16-o9-02 A Resolution Appointing Election Judges and Clerks for the 2016
Municipal Election and Setting Their Compensation,
PAGE 37
D. R-16-o9-03 A Resolution Authorizing the City of Nome, Alaska to Issue General
Obligation Refunding Bonds in the Principal Amount of Not to Exceed $800,000
to Refund Certain Outstanding General Obligation Refunding Bonds of the City,
Fixing Certain Details of Such Bonds and Authorizing Their Sale,
PAGE39
IX. CITY ATTORNEY'S REPORT
A. Memorandum of August 19, 2016 re: Nuisance Abatement Ordinance,
PAGE49
X. UTILITY MANAGER'S REPORT
A. Activity Report: August 23 September 9, 2016,
VERBAL
XL CITY MANAGER'S REPORT
A. Activity Report: August 23 -September 9, 2016,
PAGE 55
XII. CITIZENS' COMMENTS
XIII. COUNCILMEN'S COMMENTS
XIV. MAYOR'S COMMENTS AND REPORT
A. Activity Report: August 23 - September 9, 2016,
VERBAL
B. Appointment of Museum/Library Commission Seat "H,"
PAGE 83
XV. EXECUTIVE SESSION
A. Annual Performance Review of City Manager,
VERBAL
XVI. ADIOURNMENT
Page 2 of2
MINUTES
The regular meeting of the Nome City Council was called to order at 7:00 PM by Mayor
Beneville in Council Chambers of City Hall, located at 102 Division Street.
Members Present: Stan Andersen; Louie Green; Tom Sparks; Lew Tobin; Matt Culley;
Jerald Brown
Members Absent:
Also Present: Richard Beneville, Mayor; Tom Moran, City Manager; Bryant Hammond
City Clerk; Julie Liew, Finance Director; John Handeland, NJUS
Manager; Joy Baker, Port Director; Amy Chan, Museum Director
In the audience: Davis Hovey, I(NOM; Sandra Medearis, Arctic News; James Fejes;
Robert Hafner; Charlie Lean; Emory C. Wheeler; David Csiki
Mayor Beneville asked if there were any changes to the agenda.
A motion was made by C. Andersen and seconded by C.
Tobin to approve the agenda as presented.
Discussion:
- Councilman Andersen suggested the Council change its custom on not discussing an
ordinance at first reading.
- Councilman Sparks stated he would be in favor; the lack of discussion at first reading leads
to inefficiency.
- Councilman Brown noted the benefit of first reading as getting the ordinance out to the
public; he also noted that it would be good to be allowed discussion at both readings.
- Manager Moran suggested this discussion be held in Councilman's Comments.
At the roll call:
Aye: Green; Tobin; Sparks; Culley; Brown
Nay: Andersen
Abstain:
The motion CARRIED.
91 12211017.1
A. August 22, 2016 City Council Regular Meeting Minutes.
B. September 6, 2016 City Council Special Meeting Minutes.
MINUTES - NOME CITY COUNCIL PAGEi
REGULAR MEETING
September iz, 2o16
A motion was made by C. Tobin and seconded by C.
Brown to approve both sets of minutes.
At the roll call:
Aye: Green; Tobin; Andersen; Sparks; Brown; Culley
Nay:
Abstain:
The motion CARRIED.
A. Letter August 16, 2016 from Nome Community Center to City Council re: Change Request
for 2oi6 NSEDC Community Benefit Share Funds.
A motion was made by C. Tobin and seconded by C.
Sparks to approve the change request.
Discussion:
- Councilman Sparks stated that he supported the request, noting that it still addresses their
needs.
- Councilman Culley noted the original request addressed long term infrastructure needs,
while the change requested addressed vehicle and equipment repair. While he felt the
change was not as solid an investment, it still supported the Children's Home mission and
had his support.
At the roll call:
Aye: Sparks; Tobin; Andersen; Brown; Culley, Green
Nay:
Abstain:
The motion CARRIED.
B. Email of August 23, 2016 from AMLJIA to Manager Moran re: Appointment to AMLJIA
Board of Trustees.
- Mayor Beneville congratulated Manager Moran.
- Councilman Tobin noted serving AMLJIA was becoming a tradition for Nome City
Managers.
C. Notice from AML to City of Nome re: Newly Elected Officials Training, November 14, 2016.
D. Notice From City of Nome re: Fall Clean Up Week October 10 - 15, 2016.
1) Dave Csiki addressed a threat by Councilman Andersen to put Mr. Csiki's property on the
abatement list if he continued to show up at City Council meetings. He stated he had
MINUTES - NOME CITY COUNCIL PAGE z
REGULAR MEETING
September iz, 2016
come "to slam somebody's dick in a drawer," explaining he had retained a lawyer and was
seeking injunctive relief. He asked for more professional behavior out of the City Council.
2) Chuck Wheeler stated that every meeting must be documented per the Sunshine Act of
1976. He reiterated a complaint he filed in 2015 about appropriations not listed in the City
budget without Council Resolution. Mr. Wheeler also stated that a deep draft port in
Nome was not feasible.
- Councilman Tobin noted the minutes from previous meetings were presented in
Council Packets.
- Clerk Hammond informed him the packets were uploaded to the website on the Friday
prior to the meeting and the approved minutes, resolutions, and ordinances were
uploaded to the website the day after.
- Councilman Culley referred Mr. Wheeler to the City procurement policy, which was
followed in the case to which Mr. Wheeler was referring.
- Manager Moran clarified the letter to which Mr. Wheelers was referring only
referenced design of a deep draft port.
- Mayor Beneville respectfully disagreed with Mr. Wheeler concerning the City of
Nome's plans to develop a deep draft port, stating hard work and a positive vision were
needed in Nome during these times of change.
3) John Handeland explained that he was excited to apply for appointment to the Museum
and Library Commission; however, he wished to rescind his application out of respect for
the two other applicants.
4) James Fejes, owner of Tundra Fire, LLC, introduced himself and addressed the recent
protest to his application for commercial marijuana license. He noted he recently
measured the distances with City of Nome officials and had a special meeting with the
Alaska Alcohol & Marijuana Control Office. His application is proceeding smoothly. He
explained he established a similar business in Chitina wanted to hear the Council's
concerns.
- Councilman Tobin asked if he could have both cultivation and retail under one roof
and asked what his expected timeline was.
- Mr. Fejes stated his business followed state regulations and expected the license to be
out for review by the next Council meeting.
- Mayor Beneville asked if Mr. Fejes intended to reside in Nome.
- Mr. Fejes replied affirmatively.
- Councilman Tobin asked if Mr. Fejes expected to displace any of the current tenants.
- Mr. Fejes expected his business to occupy 3800 square feet and not displace the current
tenants in the building.
- Councilman Green asked how the distance to Checkpoint Youth Center was measured.
- Mr. Fejes described the right angles, as-the-crow-flies, and shortest pedestrian route
methods of measurement.
5) Charlie Lean, Nome Port Commissioner, stated he was present to discuss the evaluation of
dredging the west basin of the small boat harbor. He took exception to Mr. Wheeler's
comment that the Port of Nome was not a port, stating it's a small view of the world. He
supported his comments by listing the current vessel activity and vessels sheltering from
weather in the harbor.
MINUTES NOME CITY COUNCIL PAGE
REGULAR MEETING
September u, 2016
A. August 2, 2016 Planning Commission Regular Meeting Minutes.
- Councilman Andersen asked what consultants would be used for the Planning
Commission's Historic Preservation Committee activities, stating he was informed the
added activities wouldn't increase costs.
- Manager Moran explained that current staff or volunteers would serve in the
consultants' roles and there would be no net increase in costs. He stated he would keep
the Council abreast of potential costs.
A. 0-16-09-01 An Ordinance Amending Section 2.45.010 of the Nome Code of Ordinances to
Establish a Policy on Paying Elected or Appointed Officials While They are Employed by
the City of Nome, SECOND READING/PUBLIC HEARING/FINAL PASSAGE.
For the purpose of holding a public hearing the Council
recessed at 7:37 PM.
The Council reconvened at 7:38 PM.
A motion was made by C. Andersen and seconded by C.
Brown to adopt 0-16-09-01.
Discussion:
- Manager Moran explained the content of 0-16-09-01 was a follow up of 0-16-o8-oi,
clarifying that employees of municipal entities serving on a board or commission were not
to have benefits and fringe taken out twice.
At the roll call:
Aye: Sparks; Tobin; Andersen; Brown; Culley; Green
Nay:
Abstain:
The motion CARRIED.
NEW BUSINESS
A. Public Hearing: Consideration of a Request from Norton Sound G-0 Development to
Rezone Portions of Blocks 109, HO, 125, 126, and 127 from General Use to Commercial Use,
and a Portion of Block iii from General Use to Residential Use.
For the purpose of holding a public hearing, the Council
recessed at 7:46 PM.
Discussion:
- Councilman Andersen asked for better maps.
- Manager Moran explained that better maps are expensive and the costs were not justified if
the Council was not going to approve the new zoning boundaries.
- Councilman Green noted that the area has historically been commercial use.
MINUTES - NOME CITY COUNCIL PAGE
REGULAR MEETING
September [2, 2016
- Councilman Culley asked what the difference was between commercial and general use.
- Manager Moran explained some uses in each would require a conditional use permit, while
some uses were not allowed in the general use zone.
The Council reconvened at 7:58 PM.
A motion was made by C. Andersen and seconded by C.
Green to approve the request.
Discussion:
Councilman Sparks was concerned by the way Mr. Olson was making the request, stating
that if Mr. Olson had a legitimate business use in mind he should be forthcoming. A
conditional use permit should suffice for most uses.
Councilman Tobin noted this was reminiscent of the TSR issues from 2014.
Councilman Brown clarified that only one block was part of the original request. Although
the original impetus may be suspect, the entire proposal from the Planning Commission
was appropriate and probably should have been zoned commercial in the first place.
At the roll call:
Aye: Green; Tobin; Andersen; Brown, Culley
Nay: Sparks
Abstain:
The motion CARRIED.
B. 0-16-09-02 An Ordinance Amending Section 3.05 of the Nome Code of Ordinances to
Prohibit the Sale of Liquor Products in Containers Smaller than 750 ML at All Locations
South of Ave, FIRST READING.
A motion was made by C. Tobin and seconded by C.
Culley to advance 0-16-09-02.
At the roll call:
Aye: Sparks; Tobin
Nay: Culley; Green; Andersen; Brown
Abstain:
The Motion FAILED.
C. R-16-o9-02 A Resolution Appointing Election Judges and Clerks for the 2016 Municipal
Election and Setting Their Compensation.
A motion was made by C. Sparks and seconded by C.
Culley to adopt R-16-09-02.
At the roll call:
Aye: Green; Sparks; Tobin; Andersen; Brown; Culley
Nay:
Abstain:
MINUTES - NOME CITY COUNCIL PAGE
REGULAR MEETING
September iz, 2O6
The motion CARRIED.
D. R-16-o9-03 A Resolution Authorizing the City of Nome, Alaska to Issue General Obligation
Refunding Bonds in the Principal Amount of Not to Exceed $800,000 to Refund Certain
Outstanding General Obligation Refunding Bonds of the City, Fixing Certain Details of
Such Bonds and Authorizing Their Sale.
A motion was made by C. Andersen and seconded by C.
Brown to adopt R-16-09-03.
Discussion:
- Finance Director Liew referred the Council to her agenda statement on page 48 of the
packet.
- Councilman Brown clarified the bond refunding was not meant to solve any cash flow
issues and that the principal repayment terms and schedule would not be altered.
- Director Liew confirmed this.
At the roll call:
Aye: Green; Sparks; Tobin; Andersen; Brown, Culley
Nay:
Abstain:
The motion CARRIED.
rijai zywr.j,jqij:
A. Memorandum of August 19, 2016 re: Nuisance Abatement Ordinance.
- Manager Moran gave background on the memo.
- Councilman Tobin asked if the memo changed the abatement timeline in R-16-o8-02.
- Manager Moran confirmed that it did not.
Utility Manager Handeland presented his verbal report:
o The planned power outage to install a new pole went quicker than expected.
A new spool was install at K and Greg I(ruschek Ave.
The wind turbine blade has been repaired; NJUS is now working on the insurance claim.
Fuel surcharge went down by 3.25 percent, beginning with the August billing.
• Manager Handeland asked the community to let NJUS know of any streetlights out.
The Nome Eskimo Community project with blinking stop light is proceeding.
The 2015 fuel bond is paid off and 2016's first payment is complete.
• He passed out the July financial statements.
Manager Moran presented his written report and highlighted the new fire truck and
museum exhibits are expected on the io/6 /16 barge. Kawerak's exhibit is expected to be
complete on 10/24 and the City's complete before 10/29. He noted that both he and the
Mayor would be traveling on 9/26/16 and the meeting would need an alternate chair.
MINUTES - NOME CITY COUNCIL PAGE 6
REGULAR MEETING
September 12, 2016
- Councilman Andersen criticized Administration and NVFD for not ensuring the new
fire truck would fit the townsite fire hail before purchasing it.
- Councilman Tobin asked why the Assistant Secretary of Defense was working on "Every
Kid in the Park."
- Port Director Baker noted the program was a cabinet level presidential directive.
Councilman Andersen asked Commissioner Lean and Director Baker to discuss the
dredging plans.
- Commissioner Lean went over the engineers estimates and design, indicating it could
be 8o years of minimal maintenance.
- Councilman Andersen agreed there was minimal risk in proceeding.
- Director Baker spoke to Mr. Wheeler's earlier comments concerning the feasibility of
the Port of Nome's expansion, stating most everybody supports it.
i) Dave Csiki thanked Chief Papasodora for NPD's assistance with inebriates on and around
his property. He noted the irony that the City of Nome owns the property where inebriates
most often congregate. He briefly described his vision to redevelop his property adjacent to
the Visitor's Center.
2) Chuck Wheeler explained that 0-16-09-02 would have helped the problem if it didn't solve
it. He disagreed with Tim Brown's assessment of the problem. Mr. Wheeler stated that
accommodating the rezoning request set a bad precedent, that refunding the bonds just
prolonged the payback, and that a written agreement was need to hold 245 A, B Front St
owners to a reasonable schedule.
3) Amy Chan explained there were two 40400t containers on the barge and the install was
expected to take three weeks. She invited the Council to stop by and view the progress.
- Councilman Tobin asked after the Katirvik schedule.
- Director Chan explained everybody in the new building has their nose to the grind.
) Chief Papasodora gave the Council statistics from 2014, 2015, and 2016 indicating that calls
were increasing. He recognized CSO Putnam for his outstanding job in working to contain
issues involving inebriates.
- Councilman Andersen asked what the City of Nome can do.
- Chief Papasodora noted that there was little else than what the City is already doing.
i) Councilman Tobin reminded the community that it was about time to turn on circulating
pumps.
2) Councilman Andersen - no comments.
3) Councilman Brown - no comments.
4) Councilman Culley explained that he did his own research on the liquor situation. He
looked in the garbage behind the Front St AC and confirmed what Tim Brown had said
about bottle size. He noted that the reason Anchorage banned smaller bottles was so that
public drinking would be more difficult to hide. Councilman Culley agreed with
MINUTES - NOME CITY COUNCIL PACE
REGULAR MEETING
September iz, 2o16
Councilman Sparks concerning the rezoning request, though supported it because it would
encourage productive growth in the area.
5) Councilman Green noted that his constituents confirmed inebriates were buying larger
bottles as well and didn't think 0-16-09-02 would have addressed the issue.
6) Councilman Sparks supported 0-16-09-02 to open a discussion and was frustrated on the
lack of discussion at first reading because flawed, but potentially beneficial ordinances
didn't receive the attention they needed. He asked if there were any updates on the City
Manager's vehicle theft case.
- Manager Moran explained that some names were currently being vetted by NPD.
- Chief Papasodora explained the investigation was ongoing.
• Mayor Beneville noted that he spoke with an investor from outside the region who
commended the City of Nome on the abatement process. Mayor Beneville went on to say
that Nome is in a period of change right now and he feels justified in saying that good
things are coming.
Mayor Beneville will be traveling to Washington D.C. in late September. He noted the
extensive work former Mayor Michels did in advocated for Nome's interests and intends to
continue it.
• He noted that Arctic Chinook went off in an orderly manner; though when the real thing
happens, it probably won't be so orderly.
He updated the Council on the Cemetery Committees work, noting that the City and
NSHC worked out an agreement on a place to clean the body.
Mayor Beneville appointed Katherine Scott to the Museum and Library Commission.
A motion was made by C. Sparks and seconded by C.
Brown to accept Mayor Beneville's appointment of
Katherine Scott to the Museum and Library Commission.
Discussion:
- Councilman Andersen requested that a bronze plaque be placed at the Richard Foster
Building recognizing individuals who played important roles in the development of the
building, including John Handeland.
At the roll call:
Aye: Green; Sparks; Tobin; Andersen; Culley; Brown
Nay:
Abstain:
The motion CARRIED.
ISi1J(J1
A motion was made by C. Sparks and seconded by C.
Culley to adjourn into executive session to discuss
Manager Moran's Annual Performance Review.
MINUTES - NOME CITY COUNCIL PAGE 8
REGULAR MEETING
September 12, 2016
The Council recessed at 9:16 PM.
The Council reconvened at 9:41 PM.
A motion was made by C. Sparks and seconded by C.
Culley that the meeting be adjourned.
Hearing no objections, the Nome Common Council
adjourned at 9:41 PM.
APPROVED and SIGNED this 26th day of September, 2016.
STAN ANDERSEN
. ....
BRYANT HAMMOND
City Clerk
MINUTES - NOME CITY COUNCIL PAGE
REGULAR MEETING
September 12, 2016
11 1I I [I1 1*1'] S1 I 1 I
I, BRYANT HAMMOND, City Clerk of the City of Nome, Alaska (the "City"),
HEREBY CERTIFY that not less than three days before the September 12, 2016
meeting of the Nome City Council, the City Clerk caused notice of the date, time and
location of the meeting to be sent to KNOM and KICY, the two local radio stations, and
GCI, the local television station operator, and a copy of the attached agenda for the
meeting to be posted at City Hall.
IN WITNESS WHEREOF, I have executed this certificate and impressed the seal
of the City of Nome hereon this 3rd day of November, 2016.
BRYANT HAMMOND, City Clerk
City of Nome
[S E A L]
505301\44\00553186
From: Bryant Hammond
To: "nome-announcenomekenneIdubcom"
Subject: Nome City Council - Monday September 12, 2016
Date: Friday, September 09, 2016 1:10:00 PM
NOME COMMON COUNCIL
REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 12,2oi6 @ S.
COUNCIL CHAMBERS IN CITY I
PM
fflh1
I. ROLL CALL
IL
III. APPROVAL OF MINUTES
A. August 22, 2016 City Council Regular Meeting Minutes,
PAGE 1
B. September 6, 2016 City Council Special Meeting Minutes,
PAGE
IV. COMMUNICATIONS
A. Letter August 16, 2016 from Nome Community Center to City Council re:
Change Request for 2016 NSEDC Community Benefit Share Funds,
PAGE
B. Email of August 23, 2016 from AMLJIA to Manager Moran re:
Appointment to AMLJIA Board of Trustees,
PAGE ii
C. Notice from AML to City of Nome re: Newly Elected Officials Training,
November 14, 2016,
PAGE 13
D. Notice From City of Nome re: Fall Clean Up Week October io - 15, 2016,
PAGE 15
IYL UN SI
VI. PLANNING AND ZONING
A. August 2, 2016 Planning Commission Regular Meeting Minutes,
PAGE 17
VII. UNFINISHED BUSINESS
A. 0-16-09-01 An Ordinance Amending Section 2.45.010 of the Nome Code
of Ordinances to Establish a Policy on Paying Elected or Appointed
Officials While They are Employed by the City of Nome,
SECOND READING/PUBLIC HEARING/FINAL PASSAGE,
PAGE 23
WIT. NEW BUSINESS
A. Public Hearing: Consideration of a Request from Norton Sound G-O
Development to Rezone Portions of Blocks 109, no, 125, 126, and 127 from
General Use to Commercial Use, and a Portion of Block in from General
Use to Residential Use,
PAGE 25
B. 0-16-09-02 An Ordinance Amending Section 3.05 of the Nome Code of
Ordinances to Prohibit the Sale of Liquor Products in Containers Smaller
than 750 ML at All Locations South of 3rd Ave,
FIRST READING,
PAGE 35
C. R-16-09-02 A Resolution Appointing Election Judges and Clerks for the
2016 Municipal Election and Setting Their Compensation,
PAGE37
D. R-16-o9-03 A Resolution Authorizing the City of Nome, Alaska to Issue
General Obligation Refunding Bonds in the Principal Amount of Not to
Exceed $800,000 to Refund Certain Outstanding General Obligation
Refunding Bonds of the City, Fixing Certain Details of Such Bonds and
Authorizing Their Sale,
PAGE39
IX. CITY ATTORNEY'S REPORT
A. Memorandum of August 19, 2016 re: Nuisance Abatement Ordinance,
PAGE 49
X. UTILITY MANAGER'S REPORT
A. Activity Report: August 23 - September 9, 2016,
VERBAL
XI. CITY MANAGER'S REPORT
A. Activity Report: August 23 - September 9, 2016,
PAGE 55
XII. CITIZENS' COMMENTS
XIII. COUNCILMEN'S COMMENTS
XIV. MAYOR'S COMMENTS AND REPORT
A. Activity Report: August 23 - September 9, 2016,
VERBAL
B. Appointment of Museum/Library Commission Seat "H,"
PAGE 83
A. Annual Performance Review of City Manager,
VERBAL
Bryant Hammond
City Clerk
City of Name
(907) 443-6611
09/09/2016 FRI 12:18 FAX 4435345 clerk 2001
***************************
FAX MULTI TX REPORT ***
***************** **********
JOB NO 1650
PGS. 2
TX INCOMPLETE
TRANSACTION OK 4432344 KICY
4435757 KNOM
4435112 NOME NUGGET NEWSPAPER
4435845 GCI
ERROR
Mayor
Richard Beneville
Manager
Tom Moran
Clerk
Bryant Hammond
102 Division St. P.O. Box 281
Nome, Alaska 99762
Phone (907) 443-6663
Fax (90) 443-5345
NOME COMMON COUNCIL
REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 12, 2016 @ 7:00 PM
COUNCIL CHAMBERS IN CITY HALL
Nome City Council
Stan Andersen
Jerald Brown
Matt Culley
Louie Green, Sr.
Tom Sparks
Lew Tobin
I. ROLL CALL
II, APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
A. August 22, 2016 City Council Regular Meeting Minutes,
PAGE 1
B. September 6, 2016 City Council Special Meeting Minutes,
PAGE
IV. CQMMUNICATIONS
A. Letter August 16, 2016 from Nome Community Center to City Council re: Change
Request for 2016 NSEDC Community Benefit Share Funds,
PAGE 9
B. Email of August 23, 2016 from AMLJIA to Manager Moran Fe: Appointment to
AMLJIA Board of Trustees,
PAGE ii
C. Notice from AML to City of Nome Fe: Newly Elected Officials Training,
November 14, 2016,
PAGE 13
D. Notice From City of Nome re: Fall Clean Up Week October io -15, 2016,
PAGE 15
V. CITIZENS' COMMENT