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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meeting duly called and held on September 12, 2016, and that Resolution No. R-16-09- 03 has not been modified, amended, repealed or rescinded, but is in full force and effect on the date hereof.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