HomeMy WebLinkAbout05102010 City Council PacketSeward City Council
Agenda Packet
Arbor Day
May 14, 2010
May 10„ 2010
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
MANNOd CITY COUNCIL MEETING AGENDA '
II{Please silence all cellular phones and pagers during the meeting}
May 10, 2010 7:00 P.M. Council Chambers
1.
CALL TO ORDER
Willard E. Dunham
2.
PLEDGE OF ALLEGIANCE
Mayor
3.
ROLL CALL
Term Expires 2011
4.
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT
Jean Bardarson
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING.
[Those who have signed in will be given the first opportunity to
Vice Mayor
speak. Time is limited to 2 minutes per speaker and 30 minutes total
Term Expires 2010
time for this agenda item.]
5.
APPROVAL OF AGENDA AND CONSENT AGENDA
Robert Valdatta
[Approval of Consent Agenda passes all routine items indicated by
Council Member
asterisk (*). Consent Agenda items are not considered separately
Term Expires 2011
unless a council member so requests. In the event of such a request,
the item is returned to the Regular Agenda]
Tom Smith
Council Member
6.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2011
A. Proclamations and Awards
1. National Fitness and Sports Month ............................ Pg 3
Vanta Shafer
2. Special Olympics Law Enforcement Torch Run on May 15,
Council Member
2010..4
Term Expires 2011
..................................................Pg
3. Arbor Day Proclamation.........................................Pg 5
4. Proclamation honoring Arliss Sturgelewski ...................Pg 6
Marianna Keil
5. Congratulations to Josh Kompkoff on his HS graduation ... Pg 7
Council Member
6. Welcome to The Alaska Dental Society .......................Pg 8
Term Expires 2010
7. Introduction of the 2010 Seward/Japan Exchange Students
B. Borough Assembly Report
Linda Amberg
C. City Manager's Report
Council Member
D. Mayor Report
Term Expires 2010
7.
PUBLIC HEARINGS
A. Resolution Requiring a Public Hearing
Phillip Oates
City Manager
1. Resolution 2010-044, Approving A Lease Of Property To The U.S.
Coast
Guard To Maintain And Operate A VHF -FM Distress Radio
Jean Lewis
Microwave
-Telephone Link Site.............................................Pg 9
City Clerk
B. Ordinances Requiring a Public Hearing.
Cheryl Brooking
City Attorney
1. Ordinance 2010-001, Amending The Zoning Map Designation Of
Lots 2, 4 & 5, Block 2, Oceanview, From Single Family Residential
(R1) To Auto Commercial (AC) In Compliance With The Land Use
Plan, Located On The West Side Of Third Avenue Between Van
Buren And D Streets ................................................. Pg 16
City of Seward, Alaska
Council Agenda
May 10, 2010
Page 1
8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
A. Resolutions
*1. Resolution 2010-045, Appropriating $18,763.88 From The Capital Acquisition Fund
And $11,236.12 From The Road/Streets Fund Net Assets For Contracted Services For
Emergency Sidewalk Repair And Authorizing The City Manager To Enter Into An
Agreement Not-To-Exceed$30,000...........................................................Pg 25
2. Resolution 2010-046, Appropriating An Additional $20,720 To Acquire Property
Rights Necessary To Construct The North Forest Acres Levee/Road Project Across Tract B,
Dieckgraeff-Gillespie Replat, For A Total Cost Not To Exceed $71,720................Pg 27
B. Other New Business Items
*1. Approval Of The April 26, 2010 City Council Regular Meeting Minutes ...... Pg 40
10. INFORMATIONAL ITEMS AND REPORTS (No action required)
A. Mayor welcome letter to new Obihiro Mayor and mural society request ........ Pg 48
B. 11 letters thanking subcontractors by Mayor Dunham..............................Pg 49
C. 6 letters thanking businesses in Seattle by Mayor Dunham ........................Pg 60
D. Letter from Governor Parnell with attachments re: AES, ARRC, ADEC....... Pg 66
E. Memo describing the Extreme Makeover Website Contest ........................Pg 79
11. COUNCIL COMMENTS
12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one
opportunity to speak.]
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
14. ADJOURNMENT
City of Seward, Alaska Council Agenda
May 10, 2010 Page 2
VItOCLAMAT/ON
WHEREAS, National Physical Fitness and Sports Month is our
country's observance of fitness and sports; and
WHEREAS, since 1983, May has been observed as National Physical
Fitness and Sports Month, where individuals and organizations everywhere have
joined in the fun to promote awareness of the value of physical activity in the
pursuit of happier, healthier, more productive lives; and
WHEREAS, many agencies have initiated programs designed to
improve our quality of life. As partners, we can better help one another
communicate the common message of improved health through physical activity
more effectively; and
WHEREAS, National Physical Fitness and Sports Month is a time when
we can do something special to direct deserved national attention to the benefits
of physical activity.
NOW, THEREFORE, I, Willard E. Dunham, Mayor of the City of
Seward Alaska, proclaim the Month of May as "Physical Fitness and Sports
Month" and urge our community to promote physical activity in recognition of
this National effort.
Dated this 10th Day of May, 2010
03
Willard E. Dunham, Mayor
City of Seward, Alaska
PROCLAMATION
WHEREAS, each year Law Enforcement officers join together with citizens and
athletes to run the Special Olympics torch throughout the country; and
WHEREAS, hundreds of thousands of law enforcement officers give their time to
protect our communities every day; and
WHEREAS, hundreds of thousands of athletes participate in Special Olympics
activities annually; and
WHEREAS, the efforts of countless volunteers make Special Olympics possible; and
WHEREAS, on May 15, 2010 law enforcement officers and athletes will carry the
Special Olympics torch during the annual Torch Run and send it on its way to open the
Special Olympics Games; and
WHEREAS, at this years games, many of our area's finest young people and adults
will be competing in a variety of sports, enjoying the joy of athletic competition and
learning the importance of "doing one's best" in the spirit of sportsmanship; and
WHEREAS, Police Lieutenant Louis Tiner and Special Olympics Representative
Marie Gage are organizing the Torn Run for Seward on May 15, 2010 at the
Resurrection Roadhouse with a start time of 10:00 a.m.
NOW THEREFORE I, Willard E. Dunham, Mayor of the City of Seward, do hereby
proclaim May 15, 2010 as
SPECIAL OL YMPICS LAW ENFORCEMENT TORCH RUN DAY
and encourage all to participate either by running or making a pledge for those who do
run. The City Council acknowledges the hard work of the event organizers and
congratulates the athletes on their accomplishments.
Dated this I Ofh day of May, 2010.
AL A S K A THE CITY OF SEWARD, ALASKA
L A W E N F O R C E M E N T
TORCH RU No
r4
Willard E. Dunham, Mayor
PROCLAMATION
Whereas, in 1872, J Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
Whereas, the holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
Whereas, Arbor Day is now observed throughout the nation and the
world; and
Whereas, trees can reduce the erosion of our precious topsoil by wind
and water, lower our heating and cooling costs, moderate the temperature,
clean the air, produce oxygen and provide habitat for wildlife; and
Whereas, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products; and
Whereas, trees, wherever they are planted, are a source of joy and
spiritual renewal; and
Whereas, in the 1960's, Seward Boy Scouts planted the spruce tree at
city hall, on the southwest corner of the building on Arbor Day; and
Whereas, the Seward Boys and Girls Club is celebrating Arbor Day this
year by creating a mural and planting a memorial tree for Ann Knofel, the
Seward Schools Psychologist that was tragically killed in a Seward Highway
accident last summer.
NOW, THEREFORE, 1, Willard E. Dunham, Mayor of the City of Seward, do
hereby proclaim May 14, 2010 as
Arbor Day
in the City of Seward, and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands, and encourage all citizens
to plant and care for trees to gladden the heart and promote the well being of
this and future generations.
Dated this 101h day of May, 2010.
Willard E. Dunham, Mayor
C)
1Sir
.� 0a l', c �t$':� ," +t.... i �F R`d R,.c
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Each year Congregation Beth Sholom presents the Shining Lights Award in honor of an
individual whose career has been dedicated to public service and who has demonstrated
the highest level of character, integrity and ethics. This year that recipient is:
wiss Sturgulewskj
On behalf of the citizens of Seward, Alaska, we too, are proud to honor and recognize you
for your contributions to the State of Alaska and wish to say a BIG THANK YOU!
Dated this loth day of May, 2010.
Willard E. Dunham, Mayor
On behalf of the Mayor and the Seward City Council,
we are honored to acknowledge and present this certificate of Congratulations to graduate:
JOSHUA MYCKEL KOMPKOFF
who has shown incredible determination in the face of immense adversity to complete and obtain his
High School Diploma.
Dated this 10* day of May, 2010.
Willard E. Dunham, Mayor
City of Seward, Alaska
City of Seward
Certificate of Welcome
Awarded To:
Alaska Dental Society
The Seward City Council would like to welcome the Alaska Dental Society to Seward for their annual convention
May 13-15, 2010. Thank you for choosing Seward as your convention destination. We hope your visit will be a
successful and productive one and that you consider us as a location again in the future.
c)
00 Now therefore I, Willard E. Dunham, Mayor on behalf of the Seward City Council, wish to personally welcome the
Alaska Dental Society to Seward and thank them for their contributions to oral health and wellness in Alaska.
Willard E. Dunham, Mayor
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A LEASE OF PROPERTY TO THE U.S. COAST
GUARD TO MAINTAIN AND OPERATE A VHF -FM DISTRESS RADIO
MICROWAVE -TELEPHONE LINK SITE
WHEREAS, the U.S. Coast Guard has indicated its desire to continue operating a
microwave -telephone link site at the Seward Marine Industrial Center for its Rugged Island remote
VHF -FM distress radio communications site; and
WHEREAS, it has been determined that the site and use requested fit the long term
development plans for the Seward Marine Industrial Center; and
WHEREAS, the City Council has determined that a lease of this property for the purposes
set out herein would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. It is in the public interest to lease Lot 2, Block 8, Fourth of July Creek
Subdivision, Seward Marine Industrial Center, to the U.S. Coast Guard at no cost and with the
benefit of an appraisal of the property.
Section 2. The City Manager is hereby authorized to execute a lease agreement, a copy of
which is attached and incorporated herein by reference, with the U. S. Coast Guard.
Section 3. This resolution shall take effect thirty (30) days following passage and posting as
required by law.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of
May, 2010.
O
Council Agenda Statement
Meeting Date: May 10, 2010
Through: Phillip Oates, City Manager
From: Jim Lewis, Deputy Harbormaster
Agenda Item: Renew the lease with the U. S. Coast Guard for the
established microwave -telephone link for its Rugged Island
remote distress radio communications site at Lot 2, Block 8, Fourth of July Creek
Subdivision, Seward Marine Industrial Center.
BACKGROUND & JUSTIFICATION:
On August 9, 1993 the City Council approved Resolution No. 93-111 authorizing the lease of a
parcel of land located within U. S. Survey 4827 west ofNash Road, adjacent to Spring Creek for the
purpose of establishing a microwave -telephone link site for its Rugged Island remote VHF -FM
distress radio communications operations. Problems arose at that site and the Coast Guard requested
relocation of its lease site to its present location at Lot 2, Block 8, Fourth of July Creek Subdivision.
On May 22, 1995 the City Council approved the relocation with Resolution 95-049. This lease
expired on June 30, 2005 and has yet to be renewed. The Coast Guard is requesting a no cost lease
for a period of 15 years with an option to renew for an additional 5 years. The primary purpose of
this site is to serve the City of Seward's maritime community with search and rescue support along
Resurrection Bay. It is in the public's interest to renew this lease for the period suggested.
INTENT: To enter into a Lease with the U.S. Coast Guard for a radio communications tower at the
Seward Marine Industrial Center.
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent withthe Seward City
Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures or Other Plans or Policies:
Yes (List Below) No
Seward Marine Industrial Center Development Plan
Land use: Uses allowed within SMIC should focus on strengthening and enhancing the area as a center for marine and other
compatible industries.
FISCAL NOTE:
This is a no cost lease to the U. S. Coast Guard. Lease preparation fees were not charged.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
City Council approve Resolution 2010-lN authorizing the City Manager to renew the lease with the
U. S. Coast Guard at Lot 2, Block 8, Fourth of July Creek Subdivision, Seward Marine Industrial
Center for the purpose of operating the established microwave -telephone link site for its Rugged
Island VHF -FM distress radio communications site.
�o
LEASE AGREEMENT
THIS AGREEMENT made and entered into effective as of the day of
2010, by and between the CITY OF SEWARD, ALASKA, a municipal corporation
located in the Kenai Peninsula Borough, State of Alaska, at P.O. Box 167, Seward,
Alaska 99664, and hereinafter referred to as "CITY" and UNITED STATES OF
AMERICA, acting by and through the United States Coast Guard, Commander, Shore
Infrastructure Logistics Center, Product Line Division, Portfolio Management Branch,
1301, Clay Street, Suite 700N, Oakland, CA 94612-5203, hereinafter referred to as
"LESSEE."
WHEREAS, LESSEE has indicated its desire to continue occupying the land at
the Seward Marine Industrial Center, a microwave -telephone link site for its Rugged
Island remote VHF -FM distress radio communications sites; and
WHEREAS, the prior lease for Lot 2, Block 8, Fourth of July Creek Subdivision
has expired; and
WHEREAS, the City Council of the City of Seward has determined that a new
lease of the land would be in the public interest; and
WHEREAS, it is the intent of this lease to alleviate from CITY the entire burden
of compliance with past, present or future environmental regulations or controls with
respect to LESSEE's operations on the leased land during the lease term.
NOW THEREFORE, for and in consideration of the mutual promises and
covenants hereinafter contained, the parties hereto agree as follows:
1. The CITY grants to LESSEE the nonexclusive right to use the following
described premises together with the nonexclusive right of ingress and egress upon the
property of the City of Seward.
Lot 2, Block 8, Fourth of July Creek Subdivision at the Seward Marine
Industrial Center, Seward Recording District, Third Judicial District, State
of Alaska, for the purpose of constructing, operating and maintaining a
Communications Site operating at 933.175 MHZ and 942.175 MHZ at 1
watt into a 24.5 DB dish. A total leased area 3,359 square feet more or
less.
2. This lease shall be in effect for the period July 1, 2005 to June 30, 2020. the
CITY or its successors may revoke this lease at any time by giving one hundred and
eighty (180) days written notice or termination to the LESSEE at the above address.
The LESSEE may terminate this lease at any time by giving one hundred and eighty
(180) days written notice to the CITY at the above address. This lease may be
terminated at any time my mutual consent of both parties. LESSEE may extend this
lease for one additional five-year term ending June 30, 2025 provided that LESSEE
must exercise this option to extend by providing written notice to the CITY no later than
180 days prior to June 30, 2020.
3. The LESSEE shall use the leased premises for the sole purpose of
constructing, operating, and maintaining a Coast Guard Communications Site.
Structures on this site will consist of a concrete pad to support a 2x2 meter fiberglass
shelter, and a 20' self-supporting tower on a similar concrete pad as indicated on the
attached plans which are incorporated herewith by reference and made a part of this
agreement. The Construction of the subject Communications Site will be coordinated
with the CITY and adjacent users of this property.
4. The LESSEE shall be allowed to bring utilities to this site without cost to the
CITY.
5. This Agreement shall be neither assignable nor transferable by the LESSEE.
No permanent interest in the real property subject to this Agreement shall vest in the
LESSEE.
6. This lease shall be at no cost to the LESSEE.
7. Upon revocation, expiration, or surrender of this lease, and to the extent
directed by the CITY, the LESSEE shall restore the premises or facilities to the same or
as good condition as existed on the date of entry under this agreement, reasonable
wear and tear excepted.
8. The use and Occupancy of said portion of land shall be without expense to
the CITY.
9. This Agreement shall not be administered by profit.
10. The United States Government, in the manner and to the extent provided in
the Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-2680) shall be
liable for, and shall hold harmless from claims for damage or loss of property, personal
injury or death caused by the acts or omissions of the United States Government, it's
officers, employees and agents in the use of the granted premises. Nothing in this
agreement shall constitute an obligation of funds of the United States in advance of an
appropriation of those funds.
2
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
C'L �...�
Leslie Decena
Real Property Specialist
Portfolio Management Branch
USGC SILC — Product Line Division
By direction
ATTEST:
Jean Lewis., City Clerk, CIVIC
(City Seal)
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
) ss.
CITY OF SEWARD, ALASKA
Phillip Oates, City Manager
THIS IS TO CERTIFY that on this day of , 2010, before me, the
undersigned, a Notary Public in and for the State of Alaska, personally appeared Phillip
Oates, known to me and to me known to be the City Manager for the City of Seward,
Alaska, and authorized to execute documents on its behalf, and is the individual named
in and who executed the foregoing document on behalf of the City of Seward for the
uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first hereinabove written.
Notary Public in and for Alaska
My Commission Expires:
3 -13
STATE OF CALIFORNIA )
) ss.
COUNTY OF ALAMEDA )
On /Sdeij before me, LINDA M. KRATOCHVIL, NOTARY
PUBLIC per onally appeared LESLIE B. DECENA who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official se
Signature: (Seal)
------------------
UNQA M. KRATOCHVIL
Commtssbo # 1e96756751
Notary POW - C&{HorMa
Ahme0& County
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Sponsored by: Planning and Zoning Commission
Introduction Date: April 26, 2010
Public Hearing Date: May 10, 2010
Enactment Date: May 10, 2010
CITY OF SEWARD, ALASKA
ORDINANCE 2010-001
AN ORDINANCE OF THE CITY COUNCIL OF SEWARD,
ALASKA, AMENDING THE ZONING MAP DESIGNATION OF
LOTS 2,4 & 5, BLOCK 2, OCEANVIEW, FROM SINGLE FAMILY
RESIDENTIAL (R1) TO AUTO COMMERCIAL (AC) IN
COMPLIANCE WITH THE LAND USE PLAN, LOCATED ON
THE WEST SIDE OF THIRD AVENUE BETWEEN VAN BUREN
AND D STREETS
WHEREAS, three applicants have requested the rezone of Lots 2, 4 and 5, Block
2, Oceanview Subdivision, from Single Family Residential (R1) to Auto Commercial
(AC); and
WHEREAS, the three lots being considered for rezone contain approximately
18,295 square feet of land; and
WHEREAS, the Seward City Code SCC § 15.01.035, Amendments, (b) (3)
allows the consideration of this rezone because the parcels are contiguous to the
requested zoning district and is recommended by the Land Use Plan; and
WHEREAS, the official Zoning Map described in SCC 15.01.030 will be
amended from Single Family Residential (R1); to Auto Commercial (AC) bring the
parcels into conformance with the official Land Use map; and
WHEREAS, the Planning & Zoning Commission has complied with public
notice and public hearing procedures for amending zoning district designations, as
required by Title 15; and
WHEREAS, at the April 6, 2010 meeting, the Planning and Zoning Commission
reviewed the application, held a public hearing and recommended City Council approval
of the proposed zoning amendment included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
Section 1. The official Zoning Map of the City is hereby amended by changing
the zoning designation of Lots 2, 4 and 5, Oceanview Subdivision from Single Family
Residential (Rl); to Auto Commercial (AC).
City of Seward
Ordinance No. 2010-001
Page 2
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
THIS 10" DAY OF MAY 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
s�y
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
Council Agenda Statement
Meeting Date: April 26, 2010
Through: Christy Terry, Community Development Directo
From: Donna Glenz, Associate Planner
Agenda Item: Rezone of Lots 2, 4 and 5, Block 2, Oceanview
Subdivision, located on the West side of Third Avenue
between Van Buren and D Streets, from Single Family
Residential (R1) to Auto Commercial (AC)
BACKGROUND & JUSTIFICATION:
0\
Attached for the City Council's review and adoption is Ordinance 2010-- , amending the
City of Seward Zoning Map by rezoning Lots 2, 4 and 5, Block 2, Oceanview
Subdivision, from Single Family (RI) to Auto Commercial (AC) (see attached maps).
The applicants are requesting this rezone in order to provide zoning suitable for possible
future business uses as allowed within the Auto Commercial Zoning District and to bring
the lots into conformance with the Land Use Plan.
The Third Avenue corridor is largely commercial, which is reflected in the Land Use
Plan. The older single family structures located on Lots 2, 4 and 5 are allowed to remain
as single family homes but can be developed for light commercial purposes under a
rezone to Auto Commercial.
The parcel to the North contains the Seward Plumbing business and is currently zoned
Central Business District. The parcels to the East, located across Third Avenue contain
Bayside Apartment complex currently zoned Auto Commercial and No Sweatt Auto
zoned Central Business district. Located to the South are a privately owned lot and
structure and the Seaman's Mission at the corner of Third and D Street, both are currently
zoned Auto Commercial. The parcels to the West across the alley are zoned Single
Family Residential and generally contain single family homes.
Seward City Code SCC § 15.01.035, Amendments, (b) (3) allows the consideration of this
rezone because the land is contiguous to the requested Auto Commercial Zoning District
in both the East and South and is recommended by the Land Use Plan.
The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area
requested for rezone as Auto Commercial (AC) as defined in SCC 15.05.025 (b)( (8)
Auto Commercial district (AC). Intended to provide areas to accommodate highway -
oriented commercial activities such as offices, certain institutional uses, and limited
personal services and retail uses requiring substantial outdoor activity, traffic and
parking, and which also serve the offices and nearby residential areas, and which do not
materially detract from nearby residential areas. Development requirements for the Auto
Commercial District were fully discussed with the applicant.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
INTENT: Rezone of Lots 2, 4 and 5, Block 2, Oceanview Subdivision, located on the
West side of Third Avenue between Van Buren and D Streets, from Single Family
Residential (RI) to Auto Commercial (AC)
ATTORNEY REVIEW: Yes
PLANNING AND ZONING REVIEW
As required by the City Code§ 15.01.040, neighboring property owners within 300 feet of
the area subject to review were notified and the property was posted. The Planning and
Zoning Commission held a public hearing on April 6, 2010 and approved Resolution
2010-03 recommending City Council adopt Ordinance 2010- oil rezoning Lots 2, 4 and
5, Block 2, Oceanview Subdivision, located on the West side of Third Avenue between
Van Buren and D Streets, from Single Family Residential (RI) to Auto Commercial
(AC).
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the change of
zoning designation.
Approved by Finance Department¢_,
RECOMMENDATION:
The Seward Planning and Zoning Commission recommends:
April 26, 2010: Council introduces Ordinance 2010- 0Ul Rezoning Lots 2, 4 and 5,
Block 2, Oceanview Subdivision, from Single Family Residential (R1) to Auto
Commercial (AC).
May 10, 2010: Council conducts a public hearing and adopts Ordinance 2010- Ub
VAN BUREN STREET
-��WW1Vi0
Central Business,
District
i
` Lot 2
I
Auto
Comm
eraal
Lot 4
D STREET
Seward City Council
Ordinance 2010-
0 50 100 Feet
1 I I
Lot 5
F
Auto Commercial
Central Business
District
Current Zoning Map
Rezone Lots 2, 4 & 5
from Single Family to Auto Commercial
by Alaska Map Co.
Intro: April 26, 2010, Enacted May 10, 2010
RECEIVED
LAND USE PLAN AMENDMENT - REZONING APPLICATION
Petitioner:
d0TIO'Drr/
Address: aw 3 '9ol6L GJ
Phone No:
FEB 0 8 2010
Per _
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Legal Description: 131. �i•� ..,. ; 'cud 4-07-tf [j Al 4 �- /LET2-
of
Physical Location: /DOS" 3,1!/L
Land Use Plan: Present: C Proposed: 19 C
Zoning District: Present: Proposed: f� C
Intended use and/or reason for rezoning: TO GpMi°L % aril 1,4AO
L16:' PaA/ , 7-0 /Lij.oc.srL ",Gll.,fllt's 55:A&Q,4f. 7-0
/dvc. A-estt
A map is required to accompany this application! Proof of ownership for parcel(s)
must be available if Borough tax roles do not indicate applicant's name.
The APPLICATION and MAP (indicating the specific area) must be submitted together,
with a FEE of $250.00 (payable to the City of Seward) to the Community
Development Office.
Signatures of 51 % of property owners involved in the rezoned area.
SIGNATURE ADDRESS (legal) DATE
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City of Seward, Alaska Planning Commission Minutes
April 6, 2010 Volume 6, Page 3 9 0
Motion Passed
Unanimous Consent
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing —
Resolution 2010-03, recommending City Council Approval of the Rezoning of
Lots 2, 4 & 5, Block 2, Oceanview, from Single Family Residential (R1) to
Auto Commercial (AC) in compliance with the Land Use Plan, located on the
West side of Third Avenue between Van Buren and D Streets
Terry reviewed Resolution 2010-03. She noted the current zoning map had been provided
to show the detail of the proposed rezone. Also, the proposed rezone would bring the lots into
compliance with the City Land Use Plan.
In response to commission questions Terry stated parking requirements for the Auto
Commercial district were required by Code and were based on the particular use on the property.
She noted that the applicant had been into the office and discussed uses and parking requirements.
Terry continued noting the access for parking on the lots was from the alley.
In response to Heinrich, Terry noted that no objections had been received. She also noted,
in response to Morgan that single family homes were allowed within the Auto Commercial
district.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Seward resident Blake Wooten, the primary applicant for the new zoning designation, said
his ultimate goal was to relocate his hair cutting business to the property. Wooten said he was
aware of the parking regulations and was confident the parcel had the required parking for the
residence and the business.
No one else requested to be heard and the public hearing was closed.
Motion (Ecklund/Morgan)
Approve Resolution 2010-03
Heinrich said he believed the rezone was prudent in that it would bring the properties into
compliance with the Land Use Plan.
DeMarco said he had some concerns about the commercial operations that may occupy the
rezoned lots in the future and the possible placement of parking along the Third Avenue frontage.
Motion Passed Unanimous
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2010-03
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING
OF LOTS 2, 4 & 5, BLOCK 2, OCEANVIEW, FROM SINGLE FAMILY
RESIDENTIAL (R1) TO AUTO COMMERCIAL (AC) IN COMPLIANCE
WITH THE LAND USE PLAN, LOCATED ON THE WEST SIDE OF
THIRD AVENUE BETWEEN VAN BUREN AND D STREETS
WHEREAS, the owners of Lots 2, 4 and 5, Block 2 Oceanview Subdivision have
submitted an application and the filing fee, requesting their lots be rezoned from Single Family
Residential (RI) to Auto Commercial (AC); and
WHEREAS, the current Zoning of the three parcels is Single Family Residential (RI)
and the current Land Use Plan map designation recommends the parcels be rezoned to Auto
Commercial (AC); and
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the
consideration of this rezone because the parcels are contiguous to the requested zoning district
and the rezone is recommended by the Land Use Plan; and
WHEREAS, the Auto Commercial district was established to provide areas to
accommodate highway -oriented commercial activities such as offices, certain institutional uses,
and limited personal services and retail uses requiring substantial outdoor activity, traffic, and
parking; and
WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into
conformance with the Land Use Plan; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission
on April 6, 2010.
r, .?)
& . J
Seward Planning and Zoning
Resolution 2010-03
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
change and recommends the attached Ordinance 2010-_ be forwarded to City Council for
approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6�' day of
April 2010.
THE CITY OF SEWARD, ALASKA
Sandi Roach', Chair
AYES:
Ecklund, Morgan, DeMarco, Heinrich, Roach'
NOES:
None
ABSENT:
None
ABSTAIN:
None
VACANT:
Two
ATTEST:
Ii
an Levis,ty Cler
(City Seal)
VP oo�ooj� Lei
OF
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $18,763.88 FROM THE CAPITAL
ACQUISITION FUND AND $11,236.12 FROM THE ROAD/STREETS
FUND NET ASSETS FOR CONTRACTED SERVICES FOR
EMERGENCY SIDEWALK REPAIR AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT NOT -TO -EXCEED
$30,000
WHEREAS, the high volume of pedestrian traffic on these sidewalks creates an
emergency safety hazard to the residents and visitors in Seward; and
WHEREAS, there is an urgent need to mitigate and reduce hazards to pedestrians; and
WHEREAS, an injury occurring from any damaged area of sidewalks could present the
City of Seward with liability; and
WHEREAS, there are currently unused funds from the capital acquisition fund
previously intended for dredging and remaining funds from road/street fund net assets that could
be combined and used to mitigate these emergency sidewalk repairs; and
WHEREAS, the appropriation of these funds to emergency sidewalk repair will reduce
the hazards to pedestrians and visitors to Seward; and
WHEREAS, the allocation of funds for emergency sidewalk repair is in the best interest
of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEWARD, ALASKA:
Section 1. The City Council is appropriating $18,763.88 from the capital
acquisition fund and $11,236.12 from the roads/streets fund net assets for
contracted services for emergency sidewalk repair for a total $30,000.
Section 2. The City Manager is authorized to enter into an agreement for
emergency sidewalk repair for an amount not -to -exceed $30,000.
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this loth
day of May, 2010.
11.
4� 3
Council Agenda Statement
Meeting Date: May 10, 2010
Through: Phillip Oates, City Manager
From: William Casey, Public Works
Agenda Item: Emergency sidewalk repair and authorizing the City
Manager to enter into an agreement not -to -exceed
$30,000
BACKGROUND & JUSTIFICATION:
It is apparent to City staff and members of the community that the condition of some of the
sidewalks downtown necessitate immediate attention. The high volume of pedestrian traffic on
these sidewalks warrants an emergency need to mitigate and reduce slips, trips and fall hazards to
pedestrians and visitors. The extensive damage to the sidewalks poses a hazard to pedestrians in
Seward.
There are currently unused funds in the capital acquisition fund previously intended for dredging.
These funds were originally appropriated from the General Fund to the Capital Acquisition Fund.
The appropriation of a portion of these funds to emergency sidewalk repair will reduce the
hazards to pedestrians.
In order to complete the work expediently, the city manager is seeking authorization to
appropriate funds and enter into an agreement not -to -exceed $30,000 for emergency sidewalk
repair.
INTENT: To appropriate $18,763.88 from the capital acquisition fund and $11,236.12 from the
roads/streets fund net assets to account no. 203-2030-5390 for emergency sidewalk repair and enter
into an agreement not -to -exceed $30,000.
FISCAL NOTE:
Funding in the total amount of $30,000 is hereby appropriated into contracted services account
no. 203-2030-5390 from the following: $11,236.12 from roads/streets fund net assets account
no. 203-0000-3050, and the remaining $18,763.88 from the capital acquisition fund net assets
account no. 103-0000-3071-0203.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
RECOMMENDATION: Council supports Resolution 2010-g5appropriate $18,763.88 from the
capital acquisition fund and $11,236.12 from the roads/streets fund net assets to account no. 203-
2030-5390 for emergency sidewalk repair and enter into an agreement not -to -exceed $30,000.
CITY OF SEWARD, ALASKA Sponsored by:
RESOLUTION 2010-046
A RESOLUTION OF THE CITY OF SEWARD, ALASKA, APPROPRIATING
AN ADDITIONAL $20,720 TO ACQUIRE PROPERTY RIGHTS
NECESSARY TO CONSTRUCT THE NORTH FOREST ACRES
LEVEE/ROAD PROJECT ACROSS TRACT B, DIECKGRAEFF-GILLESPIE
REPLAT, FOR A TOTAL COST NOT TO EXCEED $71,720
WHEREAS the Seward City Council passed Resolution 2010-025 on March 22, 2010,
authorizing eminent domain proceedings to acquire property rights necessary to construct the North
Forest Acres Levee/Road Project; and
WHEREAS, said Resolution expressed the willingness to pay the owners fair market value
for a public use easement and in addition, an amount equal to fair market fee value for damages to
the area north of the easement; and
WHEREAS, said Resolution further expressed a willingness to pay the higher of two peer -
reviewed independent appraisals aimed at determining the fair market value of the public use
easement plus the fair market fee value for damages to the area north of the easement; and
WHEREAS, the first appraisal report was dated April 6, 2009 by MacSwain Associates,
LLC ("MacSwain") resulting in a total value of $46,300, and the second appraisal report was dated
April 26, 2010 by Black -Smith, Bethard & Carlson (`BSBC"), resulting in a total value of $65,200
($23,000 value of easement plus $42,200 damages); and
WHEREAS, the purpose of this resolution is twofold; 1) to appropriate additional funding
in the amount of $20,720 as necessary to pay the higher of the two appraisals ($65,200) plus an
additional 10% of $6,520, for a total cost to the City of $71,720; and 2) to authorize the city
manager to enter into a negotiated settlement by May 14, 2010, or to proceed as authorized by
Resolution 2010-025, to institute eminent domain proceedings including the use of a declaration of
taking.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The additional amount of $20,720 is hereby added to the $51,000 previously
appropriated in Resolution 2010-025, for a total appropriation of $71,720, constituting the appraised
fair market value for a public use easement plus the fair market value for damages to the remaining
property Tract B, Dieckgraeff-Gillespie Replat, with said funding to come from net assets account
no. 666-6664-3050 to account no. 666-6664-5790 for the purposes stated above.
r; r
r.
CITY OF SEWARD, ALASKA
RESOLUTION 2010-046
Section 2. The City Manager is hereby authorized, but not required, to seek a negotiated
settlement with the owners to conclude no later than May 14, 2010, so long as the total cost to the
City of any such settlement shall not exceed $71,720 and the owners provide the City with the
immediate right to occupy and use the land. If a settlement agreement includes replatting to be paid
for by the City, such agreement will require additional appropriations and further approval by the
City Council
Section 3. Failure to reach a negotiated settlement with owners by May 14, 2010 will result
in the City Manager and City Attorney instituting eminent domain proceedings including the use of a
declaration of taking against Tract B, Dieckgraeff-Gillespie Replat, as authorized by Resolution
2010-025.
Section 4. This resolution shall take affect immediately upon adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this loth day of
May, 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
Council Agenda Statement
Meeting Date: May 10, 2010
From: Phillip Oates, City Manager
Agenda Item: Additional Appropriation to Acquire Property
Rights for Tract B, Dieckgraeff-Gillespie Replat In
An Amount Not To Exceed $71,720.00
BACKGROUND & JUSTIFICATION:
For more than ten years, the City of Seward has been working with state and federal agencies
to finalize permitting for construction of the North Forest Acres levee/road project. This project
resulted from a flood mitigation task force developed at the request of FEMA, following major flood
events in Seward during the past twenty years.
In efforts to obtain permits to construct the North Forest Acres levee/ro ad, the City fought to
construct the levee as far to the north as possible, in order to minimize the impact on property owners
and provide as much protection of property as possible. The agencies preferred the levee to be
further south, in order to minimize the impact on wetlands and fish habitat. This conflict resulted in a
decade -long effort to determine the exact alignment of the levee/road that would gain acceptance
from all agencies involved in the project. Given the protracted debate over alignment, it is clear that
this final piece of property is key to proceeding with the project, and that an alternative alignment is
not possible.
At its meeting of March 22, 2010, the Seward City Council passed Resolution 2010-025
authorizing the City Manager and City Attorney to institute eminent domain proceedings, including
the use of a declaration of taking against Tract B, Dieckgraeff-Gillespie Replat, in order to proceed
with construction of the North Forest Acres Levee/Road Project. The resolution further authorized a
second peer -reviewed appraisal to be conducted by an independent appraiser not previously involved
in appraising this property on behalf of the City, in order to ensure that the City was offering to pay
fair market value for the required easement, and fair market fee value for damages to the area north of
the easement. The resolution authorized the City to pay the higher of two independent, peer -
reviewed appraisals.
The first independent peer -reviewed appraisal report by MacSwain Associates, LLC dated
April 6, 2009, resulted in a value of $46,300 for the easement and the damages to the remainder
resulting from the easement. The second independent appraisal report by Black -Smith, Bethard &
Carlson assigned a value of $65,200 to the easement and the damages. After adding an additional
ten percent (10%) to the higher of the two determined values the total cost to the City ($65,200 plus
$6,520) is $71,720.
The City Manager may seek to pursue a negotiated settlement with the owners, provided that
such settlement is reached no later than May 14, 2010. The purpose of the settlement would be to
see whether the parties can reach agreement on a settlement, based on the recent appraisal, without
the need to proceed with eminent domain proceedings. Authorizing a settlement agreement may
enable the parties to achieve a more mutually desirable outcome, without incurring additional costs to
the City above the authorized $71,720. The authorized amount does not include the cost of the
driveway relocation, which the City has agreed to pursue outside of this transaction.
The owners have expressed the potential desire to "square -off' their remaining bow -tie
property to the South of the proposed easement. It maybe possible for the City to trade a portion of
its existing property east of the bow -tie property in exchange for a reduction in the cost paid for the
easement and damages. The owners have also expressed a preference for the City to own the
property to the north of the proposed easement in fee, rather than as an easement. The authorized
settlement amount of $71,720.00 also excludes any costs associated with replatting property which
the City might incur if a land exchange or replatting is part of a proposed settlement. If so, eminent
domain proceedings will move forward while settlement negotiations continue
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive
Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
INTENT:
This resolution requests additional funding of $20,720 in order to pay the higher ofthe two appraisals
conducted on Tract B, Dieckgraeff-Gillespie Replat, and provides a final opportunity to seek a
negotiated settlement prior to the City instituting eminent domain proceedings.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
Funding for this acquisition will come from the North Forest Acres Levee/Road Project.
Approved by Finance Department(,a_/4- 4 6� a 4 1 - P14 C
RECOMMENDATION:
Approve Resolution 201 O-q�huthorizing an additional appropriation of $20,720 for a not -to -exceed
amount of $71,720, for the acquisition of property rights necessary to construct the North Forest
Acres Levee/Road Project.
CITY OF SEWARD, ALASKA Sponsored by: Oates
RESOLUTION 2010-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO
ACQUIRE PROPERTY RIGHTS NECESSARY FOR CONSTRUCTION OF
THE NORTH FOREST ACRES LEVEE/ROAD PROJECT ACROSS TRACT
B, DIECKGRAEFF-GILLESPIE REPLAT
WHEREAS the administration has engaged in negotiations regarding the acquisition of
Property rights for the North Forest Acres Levee/Road (the "Project"); and
WHEREAS, successful negotiations have been completed with owners of 20 of the 21
Parcels needed to construct the Project; and
WHEREAS, the City has made every reasonable effort to acquire Tract B, Dieckgraeff-
Gillespie Replat by negotiated agreement in accordance with applicable law; and
WHEREAS, the City offered to obtain a driveway permit from the Alaska Department of
Transportation and Public Facilities and to relocate the existing unpermitted driveway, despite
acknowledging that the Project will not touch the existing driveway (estimated value, approximately
$8,500.00); and
WHEREAS, further delay as a result of continued non -productive negotiations
would have a detrimental effect upon the cost and scheduling of the Project; and
WHEREAS, the Decisional Document presented at this meeting fairly summarizes the
attempts to reach a negotiated settlement and the situation now faced by the City, supporting use of
the City's power of eminent domain in this instance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The decisional document in the form presented at this meeting has been reviewed
and accepted by the City Council and is approved for use in filing a declaration of taking for the
property described at Tract B, Dieckgraeff-Gillespie Replat.
Section 2. It is hereby determined that a public use easement is to be acquired across Tract
B, Dieckgraeff-Gillespie Replat as further described in the attached decisional document. This
acquisition is hereby determined to provide the greatest public good for the least private injury.
Section 3. The City Manager and City Attorney are authorized to institute eminent domain
proceedings including the use of a declaration of taking against Tract B, Dieckgraeff-Gillespie Replat
to proceed with the construction of the North Forest Acres Levee/Road Project.
31 s
CITY OF SEWARD, ALASKA
RESOLUTION 2010-025
Section 4. The City is willing to pay to the owners (Ray Gillespie, Tom Gillespie, and
Catherine Weiford) fair market value for the public use easement and in addition, an amount equal to
fair market fee value for damages for the area north of the easement area. Fair market easement
value and fair market fee value for the north remnant after the exercise of eminent domain is $46,
300, based on the appraisal report dated April 6, 2009 by MacSwain Associates, LLC, or as
determined by a second appraisal to be obtained by the City, whichever is higher.
Section 5. The amount of $51,000, constituting the appraised fair market value plus
approximately 10%, is hereby appropriated from fund balance account no. 666-6664-3050 to account
no. 666-6664-5790 for the purposes stated above.
Section 6. This resolution shall take affect 30 days from adoption and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d day of
March, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
a2
COUNCIL AGENDA STATEMENT
Meeting Date: March 22, 2010
From: Phillip Oates, City Manager
Agenda Item: Resolution 2010-025, authorization to proceed with
eminent domain for Tract B, Dieckgraeff-Gillespie Replat.
BACKGROUND & JUSTIFICATION:
For more than ten years, the City of Seward has been working with state and
federal agencies to finalize permitting for construction of the North Forest Acres
levee/road project. This project resulted from a flood mitigation task force developed at
the request of FEMA, following major flood events in Seward during the past twenty
years. The task force was comprised of many local, state, and federal agencies which all
shared the goal of reducing future flooding impacts to public and private property. The
agencies included FEMA, State of Alaska DOT, the City of Seward, Kenai Peninsula
Borough, the State floodplain manager, the Alaska Railroad, and other agencies charged
with providing for public safety and health. This task force identified a number of major
infrastructure projects which would mitigate future flooding, protecting life and property.
These projects included elevation of the Seward Highway, reconstruction of the railroad
trestles to eliminate build-up of debris, and construction of a levee, to name a few.
In efforts to obtain permits to construct the North Forest Acres levee/road, the
City fought to construct the levee as far to the north as possible, in order to minimize the
impact on property owners and provide as much protection of property as possible. The
agencies preferred the levee to be further south, in order to minimize the impact on
wetlands and fish habitat. This conflict resulted in a decade -long effort to determine the
exact alignment of the levee/road that would gain acceptance from all agencies involved
in the project. Given the protracted debate over alignment, it is clear that this final piece
of property is key to proceeding with the project.
This final piece of property is key to the project for a number of reasons. First,
agencies debated for more than a decade before finally agreeing to the alignment which
includes this parcel. Second, its location adjacent to the Seward Highway makes it
subject to State of Alaska Department of Transportation and Public Facilities regulations,
which maintains minimum distance requirements for siting a road south of the existing
bridges. And third, its location to the extreme east of the project makes it critical due to
the need to channel water as far to the north as possible, in order to prevent the same
flood challenges experienced in the past (over -topping the highway, damage to the
railroad, airport, etc.).
After obtaining final permits for the project in 2009, the City began negotiating
with property owners to purchase the property needed for the project. To date, the City
33
CITY OF SEWARD
RESOLUTION 2010-025
Council has approved all necessary property purchases for this property, with the
exception of this final piece of property. City representatives have been in discussions
with the current property owners for more than six months, with the aim of reaching a
negotiated settlement to purchase the property. After numerous offers to the owners
based on a peer -reviewed fair market value appraisal, it is clear that a negotiated
settlement is not possible. This forms the basis for recommending to the City Council,
that the City exercise eminent domain authority in order to obtain a critical piece of
property necessary for this major public project. Further delay of this project will not
only impact the cost and scheduling of the project, but could result in the City losing the
remaining federal funding to construct the project, due to the length of time it has already
taken to finalize the project.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
INTENT:
This resolution requests that Council grant the City Manager and City Attorney authority:
( to pursue taking Tract B, Dieckgraeff-Gillespie Replat, using the City's power of eminent
domain and paying the owners fair market value.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
The City will obtain another third -party appraisal in order to obtain updated appraisal
information and will then proceed with eminent domain authority. Costs for the appraisal
and the purchase of property at fair market value will be borne by the project.
Approved by Finance Department J 4,.-& Z: A "Q
RECOMMENDATION:
Approve Resolution 2010-025 authorizing the City Manager and City Attorney to pursue
use of eminent domain authority to acquire Tract B, Dieckgrae€f-Gillespie Replat.
3 4
Decisional Document
North Forest Acres Levee/Road
Part 2. Decision Making Process
Prepared for:
City of Seward
P.O. Box 167
Seward, AK 99664
Prepared by:
HDR Alaska
2525 C Street, Suite 305
Anchorage, AK 99503-2832
March 2010
35
Table of Contents
Decisional Document Part 2. Property Owner Negotiations Summary
Gillespie/Weiford Property................................................................................................1
Definition of Terms:
FEE Total acquisition of property
PUE Public Use Easement, City of Seward pays 100% of fair market value per foot
for the easement. City has perpetual right to use or develop the PUE area for
public streets, highway, levee, walkway, trails, utilities. Owner retains
underlying fee ownership of easement area.
Appendix A. Parcel Map of Proposed Public Use Easement
e* n
_ 4. 0
Tract B, Dieckgraeff-Gillespie Replat: Gillespie and Weiford
Tract B, Dieckgraeff-Gillespie Replat is a 2.35 acre, undeveloped property located along
the west side of the Seward Highway south of the Resurrection River and is owned by
Raymond A. Gillespie, Tom Gillespie, and Catherine A. Weiford. The owners also own
the adjacent 4.6 acre unsubdivided parcel south of Tract B. The City of Seward (City) is
requesting eminent domain authority to acquire a 13,927 square foot public use
easement (PUE) on Tract B. The PUE is required for construction of the Forest Acres
Levee and Access Road Project.
On September 9, 2009 the City offered to purchase an 11,927 square foot (so PUE on
this property. Alternatively, because the owners stated they did not wish to retain
ownership of the remnant area north of the project area, the City offered to purchase the
entire Tract B in fee. The City's offer was based on independent fee appraisals and
independent fee appraisal reviews procured by the City of Seward. The City also offered
to process a Department of Transportation (DOT) driveway access permit.
On September 29, 2009 the owners' attorney questioned the need for the 2000 sf
"dogleg" portion of the PUE south of the project corridor (parallel to the Seward Highway),
pointing out that the City had not requested a corresponding "dogleg" portion of the PUE
north of the project corridor. On October 1, 2009 the City responded explaining that
because the owners stated they did not wish to retain ownership of the area north of the
road/levee the City offered to purchase all of Tract B. The City further explained that if
the owners retained ownership of the area north of the levee/road a "dogleg" easement
would also be required north of the levee/road to support the new levee/road in that area.
On December 15, 2009 the property owners presented a counter-offer substantially
higher than the City's offer. The City did not accept the counter-offer and on December
28, 2009 offered to purchase the PUE project corridor area and the remnant property
north of the PUE area as easement area or in fee. The City of Seward's revised offer
was not accepted by the owners.
On January 28, 2010 the City made a settlement offer for an increased purchase price for
easement or fee property rights and offered to decrease the size of the PUE or to acquire
a portion of the PUE as a slope easement. This offer was rejected by the owners
February 17, 2010.
The City made a substantially increased final settlement offer February 22, 2010. This
offer was rejected by the owners February 28, 2010 who presented a higher counter-offer
that was rejected by the City.
The City of Seward has made a diligent, conscientious effort to acquire the required
property rights through good faith negotiations. The City remains amenable to reaching a
mutually satisfactory settlement with the owners in lieu of litigation. Because no
agreement has been reached on acquiring the remnant area north of the corridor area in
easement or fee, it is necessary to acquire an additional 2,000 sf of PUE area north of
the project corridor. The City is willing to pay the owners full fee value for the PUE area
required, and in addition, full fee value for the north remnant area while allowing the
owners to retain ownership of that area. The City is also continuing processing the DOT
driveway permit and plans to relocate the existing driveway when the City has the right to
begin construction on the property.
In summary, failure to acquire this requested property would prohibit the necessary
construction of the project. On the balance, this design, including the PUE acquisition of
11,997 sf and an additional 2,000 sf north of the project corridor as shown on the
attached parcel map, is judged to best serve the greatest public good with the least
private harm. The owners have stated they are willing to sell the required property rights
for a fair price. The City and the owners have reached a negotiations impasse as of the
writing of this document and this property is necessary for this project. This acquisition
can be resolved in a fair and equitable manner through eminent domain proceedings.
J
4
_ E Z16 S27
S34
TR A
too o�52, 342 �'�� / IleO.
f S7Go „W
i
/ice PG1-
♦ i
P�••'• ♦♦�. 01-
60 UTILITY R.O.W. 0�
th . • ♦/ North Remainder +�
y...............,..:..../
1.320 Ac.
Tr t 0 LOT s
Line Data
1 Wm. Nicholas Cline; i %
LS-7569 i CA
1.3�tz/Jcr ,.•°•�•
•
♦
w
TR 5
FOREST ACRES
SUBDI VISION
LOT 4
A3ro
P �0 •.
LEGEND
P Found Rebar & Pl. Cap LS 7328
?9, South Remainder ry p^+•.sf�
0.709 Acreso9 44 Found Monument 610—S, 1964
�b(0/ PU PARCEL MAP
Unsubdivided
0�O
' 4OSP
NOTES ��Qy
1. Boundary Location for Tract B is per Plot
Number 94-12, Seward Recording District
2. Basis of Bearing is per Record of Survey
Number 2008-22, Seward Recording District.
J. Driveway locations provided by Nelson
and Associates.
BLIL, USE EASEMENT
TRACT B
DIECKGRAEFF—GILLESPIE REPLAT
CITY OF SEWARD
NORTH FOREST ACRES LEVEE PROJECT
PARCEL NUMBER RES 017
within Section 34, TIN, RTW, S.M., Ak.
CLINE & ASSOCIATES
P.O. BOX 2703
SEWARD, ALASKA 99664
907-224-7324
F/ELD BOOK. 08-6 DATE.•03/12/10
DWG.•08-34P4R 17PUE2 SCALE. 1 = 100'
APPENDIX A
r,
09
City of Seward, Alaska City Council Minutes
April 26 2010 Volume 38, Page
CALL TO ORDER
The April 26, 2010 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and
Jean Bardarson
Vanta Shafer
Tom Smith
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
ABSENT — None
Linda Amberg
Bob Valdatta
Marianna Keil
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Paul Tougas had published the city calendar for four years for the community and he thought
it delivered value to the City of Seward. He was requesting to work and publish the city calendar for
a fee now and asked for support.
Lee Poleske was in favor of Resolution 2010-031, supporting the Wada Association. He was
on the Iditarod Board, and was always reminding people that Seward was Mile 0 of the Iditarod and
how important Seward was to the Iditarod. Jujiro Wada had pioneered the trail and he thought it
would be an important site to visit for this association, and the city should take advantage of it for all
the exchange activities. Poleske notified that the Iditarod Trailblazer Board members from around
the state would be meeting in Seward for the first time May 7 and 8, 2010, with a public reception
being held.
Edgar Blatchford spoke in favor of Resolution 2010-031. He apologized for Dr. Nakazawa
who could not make it down to Seward because of a new grandson. Blatchford would stay around to
answer any questions on the Wada Association if needed.
Tim McDonald spoke against the eminent domain on the Gillespie property. He disagreed
that it was a safety issue and not a property issue and that the time frame of six months was not in
City of Seward, Alaska City Council Minutes
April26, 2010
Volume 38, Page
line. He listed some property that was expensive to purchase in the past such as; Kawabe, Long
Term Care Facility, and Coffee cup. He wanted the council to think seriously on prices and
negotiations.
Keith Campbell, also spoke in favor of Resolution 2010-031. He stated he had went to
Japan on a trade mission before, and without them, Seward would not have the coal facility or the
first instructional radar and bridge systems for AVTEC, which were fruits of these kinds of trips.
Campbell thought these trade missions had paid off for the city over the years.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Bardarson) Approval of Agenda and Consent Agenda
The following was added to the agenda:
A discussion on navigability issues.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
The April 12, 2010 Regular City Council Meeting Minutes Were Approved.
Resolution 2010-042, Adopting The Planning And Zoning Commission Priorities From April
2010 To April 2011.
The following Ordinance was introduced by consent and a public hearing was set for May 10, 2010.
Ordinance 2010-001, Amending The Zoning Map Designation Of Lots 2, 4 & 5, Block 2,
Oceanview, From Single Family Residential (R1) To Auto Commercial (AC) In Compliance
With The Land Use Plan, Located On The West Side Of Third Avenue Between Van Buren
And D Streets.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A Proclamation Was Read And Presented Honoring Barry Bruning As Spring Creek
Correctional Center's Employee Of The Year.
The Seward City Council Recognized Doreen Valadez For Perseverance In Solving A
30-Year Cold Case.
City of Seward, Alaska City Council Minutes
April 26, 2010 Volume 38, Page
A Meritorious Service Bar Was Presented To Doreen Valadez From Police Chief Tom
Clemons From The Seward Police Department. (The only meritorious service bar ever
awarded in Seward)
A Proclamation Was Read Recognizing The Terry's Tires And Lube Sponsored Bike
Rodeo.
A Proclamation Was Read For Super Saturday Clean Up.
A CROP Hunger Walk Day Proclamation Was Read And Presented To Jackie
Campbell.
A Proclamation For National Library Month Was Read And Presented To Patty
Linville.
City Manager's Report, City Manager Phillip Oates had met with the state lobbyist to go
over all the projects and line item vetos that the Governor would be looking at. He noted Phase I
was complete on redoing the electrical under Lowell Point Road. The Electric department stated the
road was open for now and they would begin Phase II as soon as equipment arrived.
Oates stated a job quote, not to exceed $12,000, had been accepted from Alaska Soil
Recycling to remove, sample and dispose of -the. waste barrels abandoned on City property along
Nash Road in May of 2008. Investigation into this illegal dumping was ongoing with the Police
Department. Oates had attached a memo regarding scoring criteria for the security camera system for
the Police department. He had traveled to Seattle with a contingent from Seward including Mayor
Dunham, Laura Cloward, and other representatives from Seward area businesses. While there, they
visited Holland America, Princess Tours, Northland Services Inc., TOTE, The Freezer Longline
Coalition, and Crowley Maritime Corp to thank those businesses and review opportunities for
improving partnerships with the. City. Oates reported on projects that department's were working on,
read in depth all the programs the Parks and Recreation department were conducting, and stated
FEMA/FIRM maps were posted for community review. The Community Development Office was
moving from the Petro Plaza building into city hall next week, and Oates explained the changes of
departments for some of the city's permits. He hoped to have a report on the issue of fluoride in the
near future.
Mayoral Report, Mayor Willard Dunham had a written report laid down before the
council and spoke about a trip taken to Seattle, Washington where they spoke with representatives
about the cruise industry, harbor business, and future partnerships. He had attended the culinary art
training at AVTEC with a guest chef from the Glacier Brewhouse, who had graduated from AVTEC.
Dunham thanked John Foutz for spending hours and hours for working on the GRETC and Lowell
Point Road. He commended his tireless work ethic for the City.
Other Reports, Announcements and Presentations
City of Seward, Alaska City Council Minutes
April 26, 2010 Volume 38, Page
A Quarterly Report Was Given By Chair Ron Long of The Port And Commerce
Advisory Board.
A Seward Community Library Museum Building Committee Update By Keith
Campbell Was Given.
Council recessed at 8:32 p.m.
Council resumed at 8:42 p.m.
UNFINISHED BUSINESS
Resolution 2010-031. Supporting Shared gponser-sWp The Concept Of The Japan And Alaska
Jujiro Wada Memorial Association Trade Mission Exchanging Opportunities To Grow Travel
Trade Via Tourism Market Promotion Of Marathon AndSportEvents And Approving The
Submission Of A $5,000 Discretionary Grant And An Under $2,000 Alaska Humanities Forum
Grant To Assist With Costs Associated With Travel For The Trade Mission Executive
Delegates And Their Planned Proposal.
Motion (Keil/Shafer)
(As previously stated April 12, 2010)
Amendment (Keil/Bardarson)
Approve Resolution 2010-031
Accept the revised laydown version which
removed- the words "shared sponsorship"
and added "the concept" from the title;
removed the word "sponsor" from the 4tn
Whereas and added the word "support"
instead; added wording to the P whereas;
removed the words "in state travel and
accommodations, project web site costs"
from the 6`h whereas. In Section 2, remove
the word "proposal" and add "concept
proposed", and remove the words "and
agrees to co-sponsor this event" and add
"to promote cultural activities",- in Section 3,
remove the words "any costs associated
with the city share hosting this delegation
in September, 2010, with costs not to exceed
$5,000 coming out of the Mayor/council
Contingency Fund #101-1110-5690" and
added "air travel costs for the trade mission
executive group and start up of the history
project's website." Add a Section 4 that
reads, "The City of Seward along with other
private and non-profit sponsors agree to hold
a reception and host the first inaugural
43
City of Seward, Alaska City Council Minutes
April 26, 2010 Volume 38, Page
Jujiro Wada Memorial Run over the Labor
Day weekend here in Seward."
Amberg wanted to know the actual costs.
Shafer thought other non -profits could assist with putting on the run.
Amendment Passed
Unanimous
Council unanimously suspended the rules to allow Edgar Blatchford to speak to Resolution
2010-031.
Main Motion Passed As Amended Unanimous
NEW BUSINESS
Resolution 2010-039, Authorizing The City Manager To Enter Into An Agreement With PHT,
LLC dba/Seward City News And Approving Additional Non -Required Electronic Publishing
For The Weekly City Calendar At An Annual Rate Of $2,660 For The Year 2010 And An
Annual Rate Of $3,952 Through December Of 2011.
Motion (Keil/Bardarson) Approve Resolution 2010-039
Oates explained this was additional non: -required electronic publishing of the weekly city
calendar only, to be posted in the Seward City News and recommended approval.
Rules Were Suspended To Allow Questions Answered By Owner, Paul Tougas.
Motion Passed
Unanimous
Resolution 2010-040, Selecting "Historic Preservation Exhibit Design For Seward Museum" As
A Grant Project For A State Of Alaska, Department Of Natural Resources, Historic
Preservation Fund Grant,. And Authorizing The City Manager To Submit The Grant
Application To The Office Of History And Archaeology, Alaska Division Of Parks And
Outdoor Recreation.
Motion (Bardarson/Shafer) Approve Resolution 2010-040
Oates stated there were minor changes to the title of the agenda statement and an elimination
to the last paragraph because of a proofreading error, but nothing else had changed. This grant
funding must be endorsed by the city council. The focus of this grant was to work with community
planners on museum themes, visitor experiences and interpretive techniques. The total cost of the
project would be $16,050.00, with a local share of $6,420.00 provided by Resurrection Bay Historic
Society as cash and in -kind services.
;, 4
City of Seward, Alaska City Council Minutes
aril 26, 2010 Volume 38 Page
The laydown agenda statement with changes was supplanted by unanimous consent.
Motion Passed
Unanimous
Resolution 2010-041, Placing The Seward Light And Power Company Intake Building On The
Seward Register Of Historic Places.
Motion (Bardarson/Amberg) Approve Resolution 2010-041
Oates narrated the established history in 1995 of the addition of the Seward Register of
Historic Places and the desire for local preservation and recognizing historic properties. This
particular property was on DNR property high up Lowell Canyon and from 1923 to 1950, supported
power to the community.
Amendment (Bardarson/Keil) Add a Section 2 that says; "This
designation is to recognize historical
significance only, with no other legal
ramifications.
Oates thought that was a good amendment stating this building played a significant role in
Seward's past, but placing it on this local historic register wasjust a recognition and was not binding.
Amendment Passed Unanimous
Main Motion Passed Yes: Valdatta, Amberg, Bardarson,
Shafer, Keil, Mayor Dunham
No: Smith
Resolution 2010-043, Endorsing The Library Museum Schematic Design Concept As Attached
Motion (Keil/Bardarson) Approve Resolution 2010-043
Oatesstatedthe library museum project was selected as the centennial project for 2012 from
a list of community projects. It had gone through an extensive planning process and should be about
16,000 square feet of building. This was for supporting the 35% design concept and there was no
fiscal impact associatedwith this resolution. Approving money would come in later stages and a
work session would be needed soon.
Motion Passed
OTHER NEW BUSINESS
Unanimous
A Vt work session was scheduled for May 27, 2010 at 7:00 p.m. to work on Title 7 issues
with PACAB. A 2nd work session would be on June 21, 2010 at 7:00 p.m.
4-0
City of Seward, Alaska City Council Minutes
April 26, 2010 Volume 38, Page
A work session was scheduled for May 27, 2010 at 5:00 p.m. on the library/museum
project.
The work session on wellness initiatives and programs was re -scheduled to June 28, 2010 at
5:00 p.m.
Discussion On Navigability Issues.
Keil spoke about recent meetings in Seward and was distressed about patents not mattering,
how that would affect Metco, and state property ownership issues around meandering creeks such as
4`h of July Creek area. She thought if some of these areas were owned by the state, who was
responsible for flood control? She cited the Hunz v SOA case in Juneau, and thought this subject
had some disturbing aspects and ill affects for the community. She requested a work session because
it was important to learn more about navigability issues.
A work session on navigability issues was set for June7, 2010.
INFORMATIONAL ITEMS AND REPORTS (No action required
February 2010 City Financials
February 2010 Providence Financials
Mayor Dunham's letter sent to Attorney General, re: coal facility.
COUNCILS' COMMENTS
Amberg stated the Boy Scout Jamboree would be here in May with over 900 people and that
historically they always assisted the community with trash pickup.
Keil congratulated Doreen Valadez and Barry Bruning on their prestigious awards. She
notified the community to attend the Borough Assembly meeting in Seward May 4, 2010 because a
big issue was the Borough budget not funding the schools to cap this year.
Bardarson thanked the public for their input on the sidewalks and streets.
Shafer also congratulated Doreen Valadez and Barry Bruning.
Smith thought the city needed to be involved with the Wada Association and thought another
entity could pick up the organization of the running event.
Valdatta asked about the pipeline project and found out it was the Trans -Canada one.
Dunham congratulated the Chamber of Commerce on how many conferences were being
held this year. He also spoke of the 212 military rescue team possibly coming to Seward in May.
Dunham said $4 million dollars was taken off the school budget to cap and had passed by a 6-3
margin. He thought it was a terrible thing to happen and hoped people would come out in droves
14 a
City of Seward, Alaska City Council Minutes
April 26, 2010 Volume 38 Page
while the Borough Assembly was in Seward May 4, 2010 because this really stressed the schools.
Dunham had also spoken with Patricia Williams on the phone and stated how great it was to speak to
her.
CITIZENS' COMMENTS
Tim McDonald thought it was a consensus among property owners that navigability was just
a land grab that the State made money from. He thought the city of Seward was gravel rich. The
Jujiro Wada Association he liked. He wanted the Association and city to fill the mile and half hole
on the Iditarod trail from Mile 0 to Nash Road by building a bridge back by the runway at the airport
to connect the meridian with the Iditarod trail. He thought they could also use it to protect the
wetlands. He counted 300 ducks and numerous sandhill cranes at the head of the bay the other day
and thought it could be a world famous spot. McDonald thought government "spending was out of
control and they were out of touch with the citizens. He said the federal government was stretched
too thin and the cookie jar would be shut down soon, so he didn't want new infrastructure the city
couldn't pay for later.
Kerry Martin thanked councilmember Keil for bringing up navigability. He had been
surprised the city and borough had not been involved much before now. He stated this potentially
clouded the ownership title. Martin also stated there would be over 1025 boy scouts in town on May
21, 2010 and they would be having a concert -on Friday night on the beach that would be open to the
public.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 10:20 p:m.
Jean Lewis CMC
City Clerk
(City Seal)
Willard E. Dunham
Mayor
117
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Honorable Mayor Norihisa Yonezawa
Obihiro City Hall
Nishi 5, Minami 7-1
Obihiro-Shi, Hokkaido
080-8670 Japan
Dear Honorable Mayor Yonezawa;
City of Seward, Alaska
1963 1965 2005
All -America City
COPY
Let me start by saying congratulations on your elected appointment as Mayor of the fine city of
Obihiro, Japan! It has been an honor and a privilege working with your office and with your
predecessor Mayor Toshifumi Sunagawa.
My name is Willard E. Dunham, and I am the Mayor of the City of Seward, Alaska, where we
have enjoyed over 35 years as your sister -city. We are in preparation for not only the annual
student exchange program between our two cities, but are also exchanging adults this year for the
Adult Citizen's Exchange that was paid for by Mr. Ohsono, and managed through your
International and Domestic Relations Section and our small Seward International Friendship
Association (SIFA).
On another topic, both our cities have birthdays coming up in 2012 and 2013. We have sent a
written proposal to see if Obihiro would be interested in a small artist delegation travelling and
painting a mural in each other's sister city. Seward, Alaska has been designated the mural capital
of Alaska, and we have a group of citizens that have contracted and painted some beautiful
murals that are depicted throughout our community. I have attached the website for your
information. It is www.sewardmuralsocieiy.com Gifting an Alaskan mural for our sister city of
Obihiro would be an honor and quite an exciting project. A Japanese themed mural would be
an incredible addition to our collection. Many travelers and Alaskans alike enjoy and learn from
the historic and artistic content of these public mural projects.
However, there are logistics and timelines to consider. Each city would have to select a location
for the mural with sizes and dimensions, and whether it be freestanding or attached on a wall.
Each city would provide homestays for the visiting artist delegations and bear the cost of
materials. If Obihiro decides this is a worthy project to consider, locations, sizes and dimensions
of murals for both cities would have to begin soon.
So, please let us know soon if this sounds like a viable project for us to take on together. We look
forward to your reply, and working with Obihiro on this unique endeavor to further enhance our
cities longtime reciprocal friendship. Again, congratulations on your prestigious appointment as
Mayor of Obihiro city.
Sinccerejy,
Willard E. Dunham
Mayor of the City of Seward, Alaska
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Valley Power Systems
Mike Stevens
425 South Hacienda Boulevard
City Of Industry, California 91745
Dear Mr. Stevens;
City of Seward, Alaska
1963 1965 2005
All -America City
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
t
4illard E. unham
Mayor, City of Seward, Alaska
49
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Metco
Dave Dieckgraeff
2701 Seward Highway
Seward, AK 99664
Dear Mr. Dieckgraeff;
City of Seward, Alaska
1963 1965 2005
All -America City
1 I 1
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
illard E. Dunham
Mayor, City of Seward, Alaska
51-0
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Whalen Construction
Pat Whalen
P.O. Box 112156
Anchorage, AK 99515
Dear Mr. Whalen;
City of Seward, Alaska
1963 1965 2005
All -America City
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
ar timn
Mayor, City of Seward, Alaska
51
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
John's General
P.O. Box 870069
Wasilla, AK 99654
Dear Merle;
City of Seward, Alaska
1963 1965 2005
kzftld
All -America Citjy
1
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
7
illard E. unham
Mayor, City of Seward, Alaska
�w
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Larry Harmon
Harmon Construction
P.O. Box 1650
Seward, AK 99664
Dear Mr. Harmon;
City of Seward, Alaska
1963 1965 2005
All -America City
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
:i
illar . D am
Mayor, City of Seward, Alaska
5 1
4�.45Y�P
John Slater/Steve Berg
Door Systems of AK
18727 Old Glenn Highway
Chugiak, AK 99567
Dear Mr. Slater and Mr. Berg;
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
City of Seward, Alaska
1%3 1965 2005
All -America City
1 I 1
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
lillard E. D Wham
Mayor, City of Seward, Alaska
5.4
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038,
April 26, 2010
Richard Mitchells
Duane Miller Associates
5821 Arctic Blvd. Suite A
Anchorage, AK 99518
Dear Mr. Mitchells;
City of Seward, Alaska
1963 1965 2005
All -America City
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
Willard E. Dunham
Mayor, City of Seward, Alaska
J 4)
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Charles Kimmel
Electric Power Systems
3305 Arctic Blvd. Suite 201
Anchorage, AK 99503
Dear Mr. Kimmel;
City of Seward, Alaska
1963 1965 2005
All -America City
1 I f
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
Willard E. D am
Mayor, City of Seward, Alaska
J i7
• City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Mike Fall
UNIT Company
620 E. Whitney Rd.
Anchorage, AK 99501
Dear Mr. Fall;
City of Seward, Alaska
1963 1965 2005
All -America City
1
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. I would also like to express our thanks to your company and
your subcontractors that built our long-term care facility, Seward Mountain Haven. It is
quite an accomplishment to have that costly of a magnificent project and still keep it to
budget. Please feel free to call me if you have any questions or comments. Thank you
again.
Sincerely,
i
f
tilard E. unham
Mayor, City of Seward, Alaska
57
d�asKP
David Stchyrba
Enterprise Engineering
2525 Gambell Street -Suite 200
Anchorage, AK 99503
Dear Mr. Stchyrba;
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
City of Seward, Abska
1963 1965 2005
All -America City
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,
ill ard E. Dunham
Mayor, City of Seward, Alaska
58
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038.
April 26, 2010
Chris Cole
61 Northarchitecs
3400 Spenard Road, Suite 12
Anchorage, AK 99503
Dear Mr. Cole;
City of Seward, Alaska
1963 1%5 2005
All -America City
0
Your company's name has appeared on a design team and subcontractor list for one of
our projects. On behalf of the City of Seward, I would like to thank you and your crew
and staff for the conscientious and diligent work you performed on our Fort Raymond
Substation Generation Plant project.
We are happy to have this project nearing completion and we appreciate your willingness
to work with us in Seward. Please feel free to call me if you have any questions or
comments. Thank you again.
Sincerely,.
illard E. Dunham
Mayor, City of Seward, Alaska
59
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038,
April 26, 2010
Scott Hoggarth, General Manager
Ship Assist and Escort Services
1102 S.W. Massachusetts Street
Seattle, WA 98134-1030
Dear Scott;
City of Seward, Alaska
1963 1965 2005
krlyll
All -America City
Thank you for taking the time to meet with our Seward group on our Seattle visit. It is
always a pleasure meeting with your Company and talking about how we can work better
with your crews here in Seward.
We especially want to thank you for your past business, and look forward to more in the
future. Your maintenance crews are very welcome each winter season to us and our local
businesses. Our working relationship with Crowley is very important to us and any thing
we can do to further it, please don't hesitate to ask.
We have presently worked on upgrades to our harbor maintenance and repair procedures.
If you or your crew chiefs have any thoughts or input which might be helpful to us in this
process we would be pleased to receive them.
Thanks again for meeting with us and we look forward to working with you more in the
future.
Sincerely,
Will E. m
Mayor, City of Seward, Alaska
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Charlie Ball, President
Princess Cruise Lines Tours
800 Fifth Avenue, Suite 2600
Seattle, Washington 98104-3176
Dear Mr. Ball;
Just a short note to thank you for meeting with our Seward group. It was enlightening and
very helpful in our understanding where our city and your industry are headed into future
business in Seward. Our community works with a variety of tourism related business's,
day charters, National monument & Parks, and visiting recreational water users, such as;
sailing, fishing, etc.
Our small town has much to offer and we are pleased with the working relationship your
industry and ours enjoy. Each year I believe we make improvements which make our
guests and yours enjoy our City and wish to return at some future dates.
The transportation service for visitors, which we have received bids on, should be in
place this summer, and make it much easier for crews to get around.
Thanks again to you and your staff for meeting with us. Seward is ready to help anyway
we can and look forward to you visiting our City in the future.
And Charlie, sorry about the mix up on where we were supposed to be. Your choice of
restaurants really made a hit with all. I had never tried Dim Sum cuisine before and I will
have to go back and do it again.
Sincerely,
Willard E. unham
Mayor, City of Seward, Alaska
6
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Paul D. Goodwin, Senior V.P.
Onboard Revenue Services
300 Elliott Ave. West
Seattle, Washington 98119
Dear Mr. Goodwin;
City of Seward, Alaska
1%3 1965 2005
kzftd
All -America Ci101
y
Just a short note to thank you for meeting with our Seward group. It was enlightening and
very helpful in our understanding where our city and your industry are headed into future
business in Seward. Our community works with a variety of tourism related business's,
day charters, National monument & Parks, and visiting recreational water users, such as;
sailing, fishing, etc.
Our small town has much to offer and we are pleased with the working relationship your
industry and ours enjoy. Each year I believe we make improvements which make our
guests and yours enjoy our City and wish to return at some future dates.
The transportation service for visitors, which we have received bids on, should be in
place this summer, and make it much easier for crews too.
Thanks again to you and your staff for meeting with us. Seward is ready to help in
anyway we can, and we look forward to you visiting our City in the future.
Sincerely,
Willard E. Dunham
Mayor, City of Seward, Alaska
62
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Bill Northey, Sr. Vice President
Northland Services Inc.
P.O. Box 24527
Seattle WA 98124
Dear Mr Northey;
Thanks very much for taking the time to meet with our Seward group. It was very helpful
for us in learning more of your company's planning on how Seward might provide
services to your company in our port.
As we stated on our visit, Seward is very interested in working with your company and
anything we can do to help in your decision. Please do not hesitate to contact out City
Manager Phillip Oates or myself for your needs or assistance.
Thanks again for meeting with us on our visit to Seattle. I look forward to your using the
Port of Seward in the future.
Sincerely,
Willard E. unham
Mayor, City of Seward, Alaska
6
City of Seward
P.O. Box 167
Seward, Alaska 99664-0167
Main Office (907) 224-4050
Facsimile (907) 224-4038
April 26, 2010
Kenny Down, Executive Director
Freezer Longline Coalition
2303 West Commodore Way
Suite 202
Seattle, WA 98199
Dear Mr Down;
City of Seward, Alaska
1963 1965 2005
All -America City
1
Thank you for meeting with City Manager Phillip Oates and myself on our recent Seattle
trip.
Our discussions on how Seward might be able to assist your company's needs was very
helpful. The meeting was also enlightening for us and what your company might use of
Seward's facilities. Seward has much to offer the fishing industry, with an excellent
harbor, highway, air, rail and water accessibility year round. Anchorage, our states largest
supplier of goods, is just a couple of hours away for most all needs.
The Alaska Railroad and city docks can accommodate any type of vessel and or supplies
and utilities.
Seward's ability to service a fleet like yours' is excellent. We are continually working on
improvements to our harbor and services to the marine industry. AVTEC our vocational
training center, has one of the most up to date marine training programs, and is in the
process of expanding with another new building under construction.
If there are special areas of harbor usage of major importance to a company such as
yours, we would appreciate any input you could provide in this area. Seward is very
interested in expanding our port service to the fishing industry.
Thanks again for taking the time to meet with us. We look forward to you visiting
Seward and viewing our harbor facilities.
Sincerely,
illard E. Dunham
Mayor, City of Seward, Alaska
Z
Cityof Seward QtY of Seward, Alaska
P.O. Box 167 1963 1965 2005
Seward, Alaska 99664-0167 bcall
Main Office (907) 224-4050 All -America City
Facsimile (907) 224-4038
April 26, 2010
David Kilbourn
Director of Commercial
TOTE
32001 32nd Ave S, Suite 200
Federal Way, Washington 98001
Dear David;
Just a short note to thank you for meeting with our Seward group on our trip to Seattle.
Our discussions were very enlightening as to your alternate planning and how we might
play a part in them. Our present plans are directed toward building and expanding our
port facilities. The additional dredging contract has been awarded and will be done this
fall. Plans for the lengthening of the freight docks are being looked at now. We look for
future funding of these plans to be accomplished in the near future.
Also, our discussions of future changes in Alaska shipping were very timely. We too
have our eye to the changes that are taking place in our northern waters and how Seward
could play a role and grow with them.. Shipping schedules are bound to change the scope
of many as the northern route is developed.
We believe Seward is in the right spot to play in it. Thanks again for your candidness on
TOTE's thoughts for the future. Seward is very interested in playing a part in your
company's plans.
Sincerely,
illard E. Dunham
Mayor, City of Seward, Alaska
6 15)
STATE CAPITOL
PO Boat 110001
►uneau, Alaska 99811
907-465-3500
fax: 907-465-3532
r rnor Sean Parnell
STATE OF ALASKA
April 28, 2010
The Honorable William E. Dunham
Mayor
City of Seward
P.O. Box 167
Seward, AK 99664-0167
Dear Mayor Dunham,
550 West 7th Avenue # 1700
Anchorage, Alaska 99501
907-269-7450
fax 907-269-7463
www.gov.alaska.gov
Governor@alaska.gov
Thank you for your letter regarding the pending citizen's suit brought against the Alaska Railroad
Corporation (ARRC) and Aurora Energy Services (AES). As you noted, the State has intervened in
several cases involving federal agency actions that threaten economic development.
I can report that the Alaska Department of Environmental Conservation (ADEC), Division of Air
Quality, is in the process of finalizing a settlement with the ARRC and AES involving notices of air
violations issued by ADEC in 2007 and 2008.
In addition, last month the ADEC Division of Water conducted a site inspection of the coal facility
for storm water compliance (enclosure). ADEC is currently in the process of evaluating the results
of its inspection to determine if any additional measures are needed at the facility.
I appreciate that you took the time to write and share your concerns. As you requested, I will ask the
Attorney General to determine whether our Department of Law might be of assistance. Please
contact Attorney General Dan Sullivan at 907-465-2133 to discuss this case and the possibility of
intervention by the State in the lawsuit you described. .
I
,
Sean Parnell
Governor
Enclosure
cc: The Honorable Dan Sullivan, Attorney General, Department of Law
66
2/19/2010
Inspection Report
APDES INSPECTION REPORT
Alaska Department of Environmental Conservation
APDES # AKR05CC38
ADEC APDES Inspection
Form Last updated (4/08)
Division of Water Phone:(907) 451-2298
610 University Ave, Fairbanks, AK 99709 Fax_ (907) 451-2187
1S ection Date ; Permit # Section A: General Data
I Facility T e Receivin Waters I Weather
2/1/10-2/2/10 AKR05CC38 Stormwater Current Conditions: 18°F Borou h
WPC 900.44.002 ! MSGP Resurrection Bay
0 Days since last snowfall Kenai
Discharges to: Surface Water ® Ground Water ❑ >0.1 inches: Peninsula
ANNOUNCED Inspection
Aurora Energy Services, LLC
903 Port Ave.,
Seward, AK 99664
On -Site Representative
Robert Brown, Facility Manager, Usibelli Coal Mine Inc.
Responsible Officia
Robert Brown
Contacted? ves
i
Phone: (907) 745-6028 Fax: (907) Email: I Phone: (907)
rob@usibelii.com I Email:
Loc:
Lat: 60.1222 °
Long: 149.4335°
Source: NOI
- urm1T trrective Date
211 1000 hrs
2/2 0900 hrs Feb. 26, 2009
2/1 1700
/2 120rs
Se t. 29, 2013
Additional Participants:
Bartly Coiley, Environmental Mgr, AES
David Mayberry, Atty, Crowell-Moring
Paul Farnsworth, Dir. Facilities, APR
Shelli Knopik, Office Mgr, AES
Sean Lowther, ADEC Air Quality
Yes No
Contacted? Samples Taken? ® Z
Photos Taken?
El
Fax: (907) Analytical Results? ❑
BACKGROUND
Permit Authorization AKR05CC38 allows Aurora Energy Services, LLC (AES) to discharge storm water associated with its
industrial coal transfer activities at the Seward Loading Facility under the National Pollutant Discharge Elimination (NPDES),
Multi -Sector General Permit (MSGP): AKR05000. The EPA assigned the facility coverage under Sector AD of the MSGP,
which authorizes AES to discharge storm water that has been managed through the implementation of a Storm Water
Pollution Prevention Plan (SWPPP). Receiving waters for this discharge includes Resurrection Bay and other associated
waters of the United States.
REGULATORY STATUS/ COMPLIANCE HISTORY
Records of NPDES permit compliance with EPA storm water regulations are publicly available on the EPA's Enforcement
and Compliance History Online (ECHO) website at http://www epa-echo Qov/echo/. On October 31, 2009, the ADEC
received Primacy (APDES) for Phase II facilities, which included authority over storm water permitting, compliance and
enforcement programs. Since that time, ADEC has received one report of possible storm water related issues at AES.
FIELD INSPECTION
On February 1, 2010, at about 1000 hrs., Environmental Program Specialist (hereinafter "Inspector") Kim Speckman met
with Rob Brown, Facility Manager for AES, at their main office located at 903 Port Ave., in Seward, AK. After formally
identifying herself, the Inspector was introduced to AES's Environmental Manager Bartly Coiley, and David Mayberry,
Attorney with Crowell-Moring. Mr. Brown advised that the loading of the C/V Yasa Fortune had just begun.
The meeting opened with introductions and the exchange of business cards. Inspector Speckman explained that one
purpose for her visit was to discuss ADEC's recent receipt of Primacy for storm water permitting, compliance and
enforcement programs. The Inspector advised that main the focus of the inspection would be review of their SWPPP
(detailed in the Records Review section of this report), including its implementation and any revisions that were made to
address deficiencies. A short time later the group was later 'oined by joined b ADEC, Air Quality Inspector Sean Lowther.
Aurora Energy Services, LLC
Page 1 of 12
6'7
2/19/2010 °'"'' Inspection Report �, APDES # AKR05CC38
4_p
In response to questions posed by Inspector Speckman, Mr. Brown and Ms. Coiley provided the following information:
• Mr. Brown has served as the AES Facility Manager for about a year. Vic Stoltz is the General Foreman.
• AES has a total of sixteen full time employees.
• Five workers are on duty during loading operations. One person is assigned to "rove", and make observations
relative to dust generation from various outdoor locations and radios are used for communication.
• Nine workers are on duty during bypass loading (when the coal is transferred from the train directly to a ship).
• AES presently transfers about 800,000 tons of coal per year (last year was their second busiest year on record).
• AES has "spot sales" throughout the year, but winter tends to be their busiest season.
• Mr. Brown became the General Manager while AES was operating under the Administrative Continuance of the
2000 MSGP. He was advised by the EPA to continue to utilize their 2000 MSGP SWPPP, until the 2008 MSGP was
issued, when they would be required to submit a new SWPPP.
• Mr. Brown submitted AES's new SWPPP to the EPA and ADEC during May 2009.
• In August 2009, AES created SOP's to address coal dust issues (see Appendix 1).
• In September of 2009, AES revised their 2008 MSGP SWPPP, to address dust generation, belt conveyor and
railroad run-on issues, and to add benchmark sampling results (Images 34-36).
• Spraying and weather conditions sometimes results in steam coming off the coal piles.
• The average rate of transfer when they are loading a ship is between 800 and 1500 tons of coal per hour.
• Scrapers have been installed to remove the build-up of coal dust along the belt conveyor (BC). According to Mr.
Brown, there are a total of 25 scrapers throughout the facility, located as follows:
1. BC 1 through 10 —primary only
2. BC 11 primary & secondary
3. BC 12 primary & secondary
4. BC 13 primary & secondary
5. BC 14 primary & secondary
6. Tripper chute primary (located on the stacker/reclaimer)
7. Trailer primary (located on the stacker/reclaimer)
8. Feeder belt primary & secondary (located on the ship loader)
9. Boom belt primary & secondary (located on the ship loader)
10. Shuttle belt primary(located on the ship loader)
• Most of the equipment is original (from the 1980's). Some of the rollers are presently due for replacement.
• Shields have been installed on the stacker/reclaimer and the ship loader to reduce coal spillage.
• The surface under the coal yard is a mixture of sand and silt that was dredged from the bay and there is about one
foot of coal on top of that. The surface is porous and there is little run-off.
• The "bag houses" which, in theory are supposed to collect dust, don't work so they use their other BMPs (scrapers,
spraying and following SOPs for dust emissions instead.
• Small sections of conveyor in the coal yard are not covered to allow for the removal of build-up of snow and ice.
• A small bobcat is used to clean up snow, coal and coal dust deposits around the yard.
• Their procedure for removing snow and debris from the dock entails driving out on top of it, then removing
everything back to the main office area.
Following the SWPPP review, the group went on a walk-through of the facility (refer to Images 1-3). Additionally, Mr. Brown
provided the two DEC Inspectors with a follow-up tour during the morning hours of February 2nd. During the second walk-
through, Alaska Railroad Director of Facilities, Paul Farnsworth joined the group. Observations documented by Inspector
Speckman during the two tours included:
• The control room windows provide good views (Images 5 & 6) of the conveyor coming from the stacker/reclaimer
and to the ship loader.
• Upper and lower sprayer bars were operating on the stacker/reclaimer (Image 9) as it reclaimed coal from the pile.
No dust was observed to be generated.
• Scrapers were being employed to remove coal dust from sections of belt conveyor in various locations (Images 10-
11)
• Several sprinkler heads were situated along the east berm next to the coal piles (Image 12).
• The entire site (coal yard and area surrounding the main office) was almost entirely covered with compacted snow
and ice. The cover of snow was not fresh and in most areas it did not appear excessively dirty (Images 8-21).
• Control structures (vegetated berms, RR grade and silt fence) served to surround the site on all four sides (Images
13-17)
• A water filled ditch located outside (on the city side) of the site's west berm (image 13 appears
from a pond which is located outside the site's north berm, and from several other business' located between thege
highway and the coal loading facility.
Both settling ponds were frozen over (Images 18-19).
Aurora Energy Services, LLC
W
Page 2 of 12
2/19/2010
Inspection Report
APDES # AKR05CC38
Fparagraph.
er could be heard flowing at Outfall 1 (Image 20).
all 2 (Image 22) was surrounded by a gravel filter, and Outfall 3 (Image 21) was covered with a fabric filter and
unded by gravel.
all 4 (Image 21) was the only area where signs of recent run-off were observed. This outfall can be
acterized as a gravel road surface leading to the water -filled, vegetated ditch described in the previous
ongs for the four outfalls were recorded as:
. Outfall 1: 60°07'418"N, 149°25'.666"W
. Outfall 2: 60007'423"N, 149025'.638"W.
3. Outfall 3: 60007'384"N, 149025'.718"W
4. Outfall 4: 60007'334"N, 149025'.755"W
• Day 1 Tour (a few hours after the commencement of coal transfer, and at an average of 800 tons/hour): The dock
alongside the conveyor was coated with coal dust, but there was not many coal chunks. An accumulation of coal
dust was observed on the structure below the conveyor (Image 26). No visible dust was bein
of the loading process and no coal debris was observed falling into the Bay. 9 generated at the end
• Day 2 Tour (almost 24 hours after the commencement of coal transfer, and at an average of 900+ tons/hour) : Coal
dust and chunks had accumulated on the dock below the ship loader and the conveyor catwalk near the ship loader
(Images 28-29). No chunks of coal were observed falling into the water but flakes of "carry -back" (congealed coal
dust) were observed falling from the conveyor near the ship loader, and from the ship loader itself, into the Bay
(Image 31). No visible dust was being generated at the end of the ship loading process, but dust was visible on the
ship's deck and hold cover (Image 33).
Finally, on Day 2 (just prior to the second tour) Inspector Speckman walked the beach area just south of the south end of the
facility, below the belt conveyor leading out to the ship. During this walk (which occurred at low tide) no dust or coal was
observed on the beach, and no coal or coal debris was observed failing from the conveyor (Images 34 & 35).
None SAMPLING ACTIVITIES
RECORDS REVIEW
Reviews of the on -site SWPPPs, including the AES 2000 MSGP SWPPP (with 2004 Revisions), and the AES 2008 MSGP
SWPPP (with 2009 revisions) were conducted on Day 1 of the inspection. The review of these documents revealed that:
• Copies of the pertinent MSGP Permits, Authorizations, and correspondences with the EPA were contained in their
respective SWPPP Manuals.
• Vic Stoltz has been the SWPPP Manager since about 2000.
• SWPPP Revisions and Modifications were included with the 2009 SWPPP (Images 36 & 37)
• Training in spill prevention, good housekeeping and materials management practices has been provided to AES
employees at least twice per year (and more recently, several times per year) since 2000 (Image 38).
• The results of Quarterly Facility Inspections were documented (including recommendations for revised and/or
additional control measures).
• Quarterly Visual Assessments of Storm Water Discharges were documented (Image 39), and one deviation from the
schedule due to an oversight was properly logged.
• Benchmark monitoring results reported on December 16, 2009 (Image 40) revealed the following exceedances of
Benchmark Monitoring Concentrations (BMC):
1. Total Iron (where the BMC was 1.0 mg/L)
Outfall 1 results: 5.42 mg/L
Outfall 2 results: 1.69 mg/L
Outfall 4 results: 1.35 mg/L
2. Total Suspended Solids (where the BMC was 50 mg/L)
Outfall 1: 55.7 mg/L
Outfall 3: 71.3 mg/L
• The Control Room Operator's Log included entries (Images 41 & 42) concerning weather and dust observations,
including those which resulted in the temporary suspension of operations due to the generation of dust.
SUMMARY
On February 1s` and 2nd, 2010, the ADEC, Division of Water, Compliance and Enforcement Program conducted a SWPPP
review, and inspection of the AES coal transfer facility in Seward, AK. The inspection was part of what will (since the
October 31, 2009, receipt of Primacy for storm water permitting, compliance and enforcement programs) now be routine
compliance monitoring of MSGP permittees in the state. This inspection focused on the review of AES on SWPPP and
the implementation of this Ian at the facility.
A.
•-• �• + �• •ci yy vci vR,CS, LLI,
� Page 3 of 12
iI
2/19/2010 A, Inspection Report APDES # AKR05CC38
AREAS OF CONCERN
The inspection revealed that, over the course of the past few years AES has continued to review their control measures and
they have made several changes aimed at reducing dust generation and coal spillage during their coal transfer operations.
The inspection also revealed that although the amounts of these pollutants being generated appear to have been
substantially reduced, there is still room for improvement. Specifically:
• Dust accumulates on and below equipment, and flakes of "carry -back" were observed dropping into Resurrection
Bay.
• Spilled coal was observed accumulating on the dock below the ship loader and on structural components under the
belt conveyor next to the dock.
• Benchmark monitoring results exceeded benchmark parameters for Total Iron and Total Suspended Solids.
Part 2 of the 2008 MSGP stipulates that if a permittee finds that control measures are not achieving their intended effect of
minimizing pollutant discharges, these control measures must be modified as expeditiously as practicable. The permit also
states that "the term "minimize" means 'reduce and eliminate to the extent achievable using control measures (including best
management practices) that are technologically available and economically practicable and achievable in light of best
industry practice"
Part 6 of the permit addresses Benchmark Monitoring, and states "The benchmark concentrations are not effluent limitations;
a benchmark exceedance, therefore is not a permit violation." It goes on to say that benchmark monitoring data are primarily
for use in determining overall effectiveness of control measures and to assist the permittee in knowing when additional
corrective action(s) may be necessary. Part 6 also stipulates, in pertinent part, that "After 4 quarterly samples, if the average
of the 4 monitoring values for any parameter exceeds the benchmark, you must, in accordance with Part 3.2, review the
selection, design, installation, and implementation of your control measures to determine if modifications are necessary to
meet the effluent limits of this permit, and either: Make the necessary modifications and continue quarterly monitoring until
you have completed 4 additional quarters of monitoring for which the average does not exceed the benchmark; or Make a
determination that no further pollutant reductions are technologically available and economically practicable and achievable
in light of best industry practice to meet technology -based effluent limits or are necessary to meet the water -quality -based
effluent limitations in part 2 of this Permit, in which case you must continue monitoring once per year."
Action Items
1. Industry research —Conduct research to determine if any additional control measures exist in similar industries,
which might be implemented to further reduce carry -back and the spillage of coal during the transfer process.
Recommendations
notify the public that AES is operating under a storm water management plan.
1. Post a sign at the transfer facility's main entrance advising that a copy of the SWPPP is on file at the Main Office, to
I. AES SOP for Dust Emissions
II. AES Dust Observation Form
III. AES Complaint Form
IV. AES Dust Prevention Training Guidelines
Kim W. Speckman, Inspector
Division of Water/Wastewater Quality Compliance
Signature only acknowledges receipt of this report. Inspection report
given to:
Forwarded
Date Company (if applicable):
Date
Aurora Energy Services, LLC
70 Page 4 of 12
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Inspection Report
r APDES # AKR05CC38
IMA(
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PHOTO ADDENDUM - AURORA ENERGY
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IMAGE 2: STORM WATER FLOW CHART (FROM 2009
IMAGE 3: STRUCTURAL' CONTROLS (FROM 2009
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Page 5 of 12
IMAGE 4: AES CONTROL ROOM
IMAGE 6: VIEW FROM THE CONTROL ROOM LOOKING NORTH
TOWARD THE STACKER/RECLAIMER
Aurora Energy Services, LLC
7 `2
APDES # AKR05CC38
LLC: 2/1 &2/10
IMAGE 5: VIEW FROM CONTROL ROOM LOOKING SOUTH TOWARD
THE SHIP LOADER
IMAGE 7: Operator's Login the control room
IMAGE 9: STACKER/RECLAIMER: UPPER & LOWER SPRAYBARS
Page 6 of 12
2/19/2010
Inspection Report Apnp:(z4 A VMnr--,-
Page 7 of 12
pi: 3
2M8/2010 ' ` Inspection Report `` � APDEG#AKROGCC38
PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10 1
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IMAGE 16: Vegetated berm & RR grade at e'a-si
mm
site IMAGE 17: Silt fe nce at south edge of site
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IMAGE 18: West settling pond (looking N) IMAGE 19: East
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Page 8 of 12
2/19/2010 Inspection Report
APDES # AKR05CC38
PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10
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IMAGE 22: Outfall 2
IMAGE 23: Outfall 4
MAGE 24: Dock/Conveyor - view from ship loader IMAGE 25 AES and — view from ship loader
IMAGE 26: Day 1 - coal
uUJL U1 I L,1 u.,s-orace Deiow conveyor
Aurora Energy Services, LLC IMAGE 27: Coal going into hold - view from ship loader
Page 9 of 12
5
2/19/2010 Inspection Report APDES # AKR05CC38
PHOTO ADDENDUM - AURORA ENERGY SERVICES, LLC: 2/1&2/10
IMAGE 32: Coal below conveyor next to sh
Aurora Energy Services, LLC
IMAGE 33: End of loader inside hold & dust on deck
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APDES # AKR05CC38
PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10
IMAGE 34: DaV 2 - beach below conveyor
As
MACE 36: 2009 SWPPP Revisions
IMAGE 38: 2009 SWPPP Employee Traini
Aurora Energy Services, LLC
MADE 35: Beach
syor — low tide
IMAGE 37: 77 2009 SWPPP Modifications
IMAGE 39:
77
Page 11 of 12
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Inspection Report APDES # AKR05CC38
PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2110
IMAGE 40: MDMR for Fall Quarter 2009
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IMAGE 41: Operator's Log -1/24
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Page 12 of 12
Memorandum
Date: April 10, 2010
To: Mayor Dunham, City Council Members
From: Jean Lewis, City Cler 1
Subj: Entered the Extreme Makeover Website Contest
Mid -April, I found out via an email from AML about a contest called "Extreme Makeover Website"
through a company called CivicPlus. Annually they offer this contest to local governments and others
who apply. After speaking with one of the MIS staff about pricing, I sent in an application on May 3,
2010 for the City of Seward. We have been called back and have a website demo set up for June 3, 2010.
If the City of Seward were to win this contest, there is no obligation or contracts to stay with this
company. The details of the contest are:
■ The grand prize is a free set up of their Civic Plus Lite Package ($4,800 value) and the $180
monthly fee will be waived for one year. After a year, we have the option of staying on with
Civic Plus for the $180 monthly hosting fee, or $2,160 a year.
■ There is also an award for a runner up who will receive % price discount on the set-up fee. The
monthly $180 would still apply.
Applications close for this contest on May 12, 2010, with the winner being announced June 14, 2010.
We have already been called by CivicPlus and answered additional questions. The city clerk's office has
signed up for a demonstration on how to update these websites on June 3, 2010. 1 have attached below
a few examples of their work from other winners for you to check out. If we were lucky enough to win
this award, the council would have to approve it at a subsequent meeting.
View Past winners:
2009: Jackson County, Indiana (website is under development)
2008: New Rochelle, New York
2007: Cadillac, Michigan
2006: Wellington, Ohio
2005: Richmond, California
There is a separate contest for cities and counties with a population of 5,500 and below, The 2"d Annual
Extreme Lite Website Makeover Contest, will award one lucky small town, city or county the chance to
win a website makeover that can be live in a month. Check out last year's winner Fenwick Island,
Delaware!
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