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Home My WebLink About10112010 City Council PacketSeward City Council Agenda Packet October 11, 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska !�!! I-AmedcaC'dg CITY COUNCIL MEETING AGENDA , ` {Please silence all cellular phones and pagers during the meeting} October 11, 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 THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [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. Appreciation to the Seward Arts Council for the Seward Music Vanta Shafer and Arts Festival ................................................... .Pg. 3 Council Member B. Borough Assembly Report Term Expires 2011 C. City Manager's Report D. Mayor Report Marianna Keil E. Other Reports and Presentations Council Member Term Expires 2010 7. PUBLIC HEARINGS Linda Amberg L Non -Code Ordinance 2010-003, Authorizing The City Manager To Council Member Enter Into A Revised Contract With The International Brotherhood Of Term Expires 2010 Electrical Workers (IBEW) Effective July 1, 2010 And Ending June 30, 2013..................................................................... Pg. 4 Phillip Oates 2. Ordinance 2010-004, Adding Section 15.10.245 Wind Energy Conversion Systems (WECS) To The Seward City Code Establishing A City Manager Process And Standards For The Siting, Construction, And Operation Of Wind Energy Conversion Systems (WECS) As Permitted Secondary Jean Lewis Uses And Amending Seward City Code Title 15, Land Uses Allowed City Clerk Table 15.10.225 To Allow WECS In The RR, Rl, R2, R3, UR, OR, AC, HC, CB, 1, RM, INS And P Zoning Districts .........................Pg. 16 Cheryl Brooking City Attorney 3. Ordinance 2010-005, Amending Seward City Code 15.10.140 Definitions To Allow Accessory Buildings On Adjacent Lots Of The Principal Building Or Use Served.....................................Pg. 61 City of Seward, Alaska Council Agenda October 11, 2010 Page I 4. Ordinance 2010-006, Amending Seward City Code §2.25.130 And 2.25.135 Adding Operation And Maintenance Of The Seward Museum To The Library Department Of The City Of Seward And Renaming The Department The Library Museum Department ... Pg. 68 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2010-007, Amending various portions of Seward City Code 15.20 signs to change, update and accommodate the wishes of the public..................................Pg. 90 B. Resolutions * 1. Resolution 2010-094, Accepting A Reimbursable Air Monitoring Program Grant And Appropriating Funds Totaling$16,000.........................................................Pg. 95 *2. Resolution 2010-095, Authorizing The City Manager To Enter Into An Agreement With URS Corporation (URS) For Change Order #8 To The East Harbor Expansion Contract For An Amount Not -To -Exceed $82,543.00 And Appropriating Funds For Engineering, Permitting, And Construction Administration Services For The Security (Z) Float Project In The Seward Small Boat Harbor.................................................................Pg. 101 *3. Resolution 2010-096, Accepting A Grant From The Department Of Commerce Community And Economic Development Division Of Community And Regional Affairs FY 2010 Designated Legislative Grant For Security And Fire Protection For Commercial Passenger Vessels And Authorizing The City Manager To Enter Into A Construction Contract With Harris Sand & Gravel, Inc. For $1,389,214 and Appropriating Funds Not To Exceed$1,597,600................................................................................Pg. 107 *4. Resolution 2010-097, Accepting The Retirement Of City Clerk Jean A. Lewis Contingent On Her Completion Of 30 Years Of State And Local Government Service As Established By The Division Of Retirement And Benefits Which Is Estimated To Be December 2010 Or January2011.....................................................................................Pg. 116 C. Other New Business Items * 1. Approval Of The September 27, 2010 City Council Regular Meeting Minutes.Pg.118 *2. Certify the October 5, 2010 municipal election and declare the results final....Pg.129 3. Schedule a work session to discuss the camera surveillance policy. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Copy of letter from Vice -Mayor Bardarson to Shell Alaska .......................Pg. 132 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 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 October 11, 2010 Page 2 v11 1 i CITY OF SEWARD CERTIFICATE OF APPRECIATION PRESENTED TO THE SEWARD ARTS COUNCIL Whereas, the Seward Arts Council is committed to furthering the appreciation, education and understanding of the arts in by promoting cultural opportunities, performances, instruction and exhibitions; and Whereas, the Seward Music and Arts Festival is coordinated by the Seward Arts Council; and Whereas, the festival has become an annual event bringing Alaskans to Seward for the weekend and bringing the community together; and Whereas, fueled by the volunteerism of the community and the members of the Seward Arts council, the festival has grown in popularity each year, bringing live' music, vendors, dancing, and art together at one venue for everyone to enjoy; and Whereas, the community "Mural in a Day" project is painted each year during this event, showcasing Seward's talented artists and their achievements; and Whereas, Mark Teckenbrock, President of the Seward Arts Council, has been instrumental in the success of the festival since its inception seven years ago. Now therefore I, Willard Dunham, Mayor of the City of Seward, on behalf of the City Council, would like to thank Mark Teckenbrock, the Seward Arts Council, and all those who contributed to the 2010 Seward Music and Arts Festival for their dedicated efforts in creating a successful and positive event for the community. Presented on this I Ith day of October, 2010. rJ Willard I 1 4a 4W 4W Sponsored by: Introduction: Public Hearing: Enactment: CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2010-003 Oates September 27, 2010 October 11, 2010 October 11, 2010 A NON -CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A REVISED CONTRACT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) EFFECTIVE JULY 1, 2010 AND ENDING JUNE 30, 2013 WHEREAS, the City of Seward and the IBEW have negotiated and agreed upon a new contract governing the wages and working conditions for electrical linemen and operators employed by the City; and WHEREAS, the City and the Union agree to the terms and conditions as outlined in the attached contract which expires June 30, 2013; and WHEREAS, this non -code ordinance overrides the prohibition on retroactive changes in wages or working conditions set forth in SCC 3.65.020. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Manager is authorized to enter into an agreement, in substantially the form presented at this meeting, with the International Brotherhood of Electrical Workers effective July 1, 2010 and continuing until June 30, 2013. Section 2. Notwithstanding SCC 3.65.020, a retroactive payment for salary and benefits under the agreement covering the period of July 1, 2010 to the effective date of this resolution is approved. 2010. Section 3. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this I Vh day of October, THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor Council Agenda Statement Meeting Date: September 27`l, 2010 Through: Phillip Oates, City Manag!� From: John Foutz, Manager, Electric Utility Agenda Item: Approval of 2010-2013 IBEW Contract BACKGROUND & JUSTIFICATION The attached contract is the result of several months of negotiations between the City of Seward and representatives of the IBEW. John Foutz, Manager of the electric utility, represented the City with the assistance of Rob Johnson, attorney With Wohlforth, Johnson, Brecht., Cartledge & Brooking and Kim Kowalski -Rogers, Accounting Supervisor; Julius Matthew, Business Representative for the local IBEW, represented the Union with the assistance of Dave Reeves Business Representative, Ben Luna Journeyman Lineman and Charlie Forrest Operator/Mechanic. The discussions were cordial and for the most part, very productive. The new contract has an effective date of July 1, 2010 and will extend to June 30, 2013. Certain wages and benefits will need to be retroactively compensated to July 1, 2010. A total of six meetings were required to reach the final agreement with the first meeting on June 15th and 16th. Many items were discussed during the negotiations and the attached tentative agreement represents the terms as agreed upon, subject to union notification and council approval. The Union has now ratified the agreement. The main changes in the contract are: 1. An increase of ten percent for the two operator/mechanic positions bringing the incumbents into one -hundred percent of the base wage rate. 2. A freeze on wages (other than the operator/mechanic positions) for the first year, with an increase to all crew member's salaries based on the CPI from a minimum of one-half percent to a maximum4f three percent in each 4f the next two contract years effective July 1, 2011 and July 1, 2012. 3. The retirement contribution for each crew member was changed from a monthly fixed contribution of eight hundred dollars to a compensable hour contribution of four and 96/100 dollars ($4.96/hour) with a cap of nine hundred dollars ($900) per month. Effective July 1, 2011 the hourly rate increases to five and 351100 dollars ($5.35/hour) with a cap of nine hundred twenty-five dollars ($925) per month. Effective July 1, 2012 the hourly rate increases to five and 49/100 dollars ($5.49/hour) with a cap of nine hundred twenty-five dollars ($925) per month. Effective July 1, 2010, monthly payment into the AEWMPP retirement fund increases from two -hundred dollars ($200) to two -hundred twenty-five dollars ($225) per crew member. 5 4. An increase in the probationary period from one -hundred eighty days to two - hundred seventy days. Please refer to the attached document for the complete wording and all the changes that were agreed to in the negotiations. The strikethrough wording is the deleted language and the underlined wording is the added language. 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: Authorizing the City Manager to join into a revised agreement with International Brotherhood of Electric Workers, to conclude the contract negotiations entered into by the City of Seward and the International Brotherhood of Electric Workers in 2010 without further action or expense. FISCAL NOTE: For the remainder of 2010 there is a potential increase in retirement costs of $5,400. This amount can be absorbed by the Electric Fund's approved budget. The operator/mechanic positions were budgeted at 100% of the base rate of the linemen's wage, therefore the increase to these two employee's salary will have zero impact on the Electric Fund's approved FY2010 budget. For the year 2011, the additional cost for retirement could be a maximum of $9,900. This amount may be less due to the fact that the retirement is capped at $925/month but is based on hours worked. This amount can be absorbed by the Electric Fund's approved budget. The operator/mechanic positions were budgeted at 100% of the base rate of the linemen's wage, therefore the increase to these two salaries will have zero impact on the Electric Fund's approved FY2011 budget. For the year 2012, the retirement increase from FY2011 will cap at $1,800. The wage increase will be based on the Consumer Price Index (CPI) to a maximum of 3%. The FY2012 budget has not been formulated therefore these changes will be incorporated into the next budget process. Approved by Finance Department Muizz ATTORNEY REVIEW: Yes X No RECOMMENDATION: City Council approves Ordinance 2010-Qb3 authorizing the City Manager to enter into a revised contract with the International Brotherhood of Electrical Workers effective July 1, 2010 and continuing until June 30, 2010, with a retroactive award of some wages and benefits for the period between July 1, 2010 and date of this Ordinance. r U r John, To follow up on our phone conversation today, the bargaining unit ratified the new contract on September 81n and you will take the new contact to the City of Seward city counsel on September 27'h for approval. We are looking forward to rapping these negotiations up and thank you for your efforts in doing so. Julius Matthew Business Representative IBEW, Local 1547 Work, (907)-777-7241 Fax (907)-777-7266 NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: ARTICLE I SCOPE AND DURATION OF AGREEMENT Recognizing the mutual benefits to be secured by harmonious employer - employee relations, the City and the Union establish and endorse this Agreement. The Union recognizes that the City is a municipally owned public utility and the City recognizes that Local 1547 is part of the International Brotherhood of Electrical Workers by mutual consent. Section 1.1 Term of Agreement. This Agreement will remain in full force and effect from July 1, 209710, until June 30, 204-013 and thereafter year to year; provided, however, that either party may give the other party written notice of its desire to terminate the Agreement or to effect changes therein. Such written notice will specify the reasons for the termination or a description of the changes desired, as the case may be, and will be served upon the other party not less than sixty (60) days prior to the end of the initial period of this Agreement or any annual extension thereof. The parties will meet to negotiate on such termination, modifications or amendments within thirty (30) days from the receipt of such notice, except that such meeting may be delayed by mutual consent. The parties agree that, while negotiating a new agreement, all provisions of this Agreement will remain in full force and effect until a new agreement is ratified or impasse is reached. Nothing herein will preclude the termination, modification or amendment of this Agreement at any time by written mutual consent of the parties. E Section 3.1 Employee Classifications (a) Temgorary Employees: Journeyman Linemen and Wiremen and other classifications as set forth in the IBEW-NECA Agreement may be employed as temporary for a period not to exceed six (6) months of continuous employment. Such employees shall be subject to this Agreement as to hours of work and applicable working rules only. In addition, Temporary Employees shall receive the wage rates as set forth in the IBEW-NECA Inside Outside Agreements as amended. The City shall pay on behalf of the Temporary Employees benefits as specified in said IBEW-NECA Agreement. Temporary Employees shall not accrue seniority, service credits, holiday pay, annual leave, jury duty or longevity, and are not considered Regular Employees. (A Temporary Employee under this subsection may be laid off or discharged for any reason or no reason.) (b) Probationary Employees: (1) Generally. A Probationary Employee is one who has been hired by the City for regular employment but who has had less than two hundred seventy 270Z ays continuous service with the City. All employees hired to fill a regular job will be regarded as Probationary Employees for the first two hundred seventy (270) eee days, except that if a Temporary Employee is hired for regular employment, such time served as a Temporary Employee shall be credited towards the employee's probationary period. During this period of probationary employment, employees may be laid off or discharged by the City for any reason or no reason. All employees hired to fill a regular job shall accrue service credits and seniority during such probationary period. This time may be extended by mutual agreement between the City and the Union. Probationary employees may accrue leave as provided in section 4.2, but will not be allowed to take that leave until 90 days of the probationary period has ended. 4 Section 10.3 Tools and Clothing Allowance. Wiremen shall furnish their own pocket tools. NECA employees will provide their own tools. The City shall annually furnish each regular employee who is a journeymen lineman with all other hand tools including two (2) pairs of leather gloves; provided that commencing January 1, 2008, regular employees who are journeymen linemen will be provided hand tools on a replacement basis, which will be only if broken or lost in a manner not caused by the negligence of that employee. The City will continue to provide all employees with 2 pairs of gloves annually. Commencing January 1, 2009 (a) the City shall provide each regular employee lineman an annual allowance of $250.00 for the purchase of clothing appropriate for the job, as prescribed by OSHA and NESC and (b) each employee shall be required to provide, use and maintain such clothing in good and safe condition. If there is a change in the current practice in the requirements of emplovees wearing FIR clothing, the parties agree to reconvene the negotiations to renegotiate Section 10.3 of this collective bargaining agreement. This session of negotiations will be subject to Mediation by the Federal Mediation & Conciliation Services (FMCS) if an agreement can't be reached. Finally Arbitration will be used to reach an agreement in accordance with the -grievance procedure in this contract if FMCS fails to reach an agreement. — Section 12.1 Trust Fund Contributions (a) Pension Fund. (1) The City agrees to participate in, and contribute to, the Alaska Electrical Pension Fund (AEPF), and Alaska Electrical Workers Money Purchase Pension Plan (AEWMPP) trust funds which were established pursuant to: 1) an agreement between the Union and the Alaska Chapter of the National Electrical Contractors Association, Inc.; and 2) that certain declaration of trust entered into by the aforesaid parties for the purpose of providing pension benefits for those persons covered by said agreement. (2) Effective July 1. 2010 and subiect to the maximum amount set forth below, the City will pay into the AEPF the sum of Four and 96/100 Dollars ($4.96) for each compensable hour earned in a month by an employee in a job classification listed in Article XIII herein. Effective July 1 2011 the foregoing hourly rate shall increase to five and 35/100 dollars ($5 35) and effective July 1 2012, said rate shall increase to five and 49/100 dollars ($5 49) Notwithstanding the forgoing hourly rates for a compensable hour, the monthly payment for an employee will not exceed the amount prescribed for a particular month as follows: LAL Nine Hundred Dollars ($900.00) for each month in which that employee is so employed through June 30, 2011 (B) Nine Hundred Twenty-five Dollars ($925 00) for each month in which that employee is so employed from July 1 2011 through June 30 2012• and (C) Nine Hundred Fifty Dollars ($950 00) for each month in which that employee is so employed after July 1 2012. The City will pay into the AEWMPP the sum of Two Hundred Twenty-five Dollars ($225.00) per month for those employees in job classifications listed in Article XIII herein. (3) The foregoing payments [TO THE FUND,] made by the City, will entitle said covered employees of the City to pension payments under such terms and conditions that may be lawfully provided for by the administration and management of said funds. The City's liability shall be limited to making the foregoing payments. (4) All payments due under this Section 12.1 are payable to said fund on or before the 15th day of the month following the month in which said compensable hours were earned by the City's said employees. If an employee is terminated by the City or leaves employment of the City on any day during the month, or if the employee shall be employed on any day other than as indicated by a full calendar month, the employee shall be entitled to the pro-rata portion of the working days actually earned, all payments due hereunder. (5) "Compensable hour" as used in this Section 12.1 shall mean only straight -time or overtime hours actually worked, standby time measured in hours, and annual leave taken; for clarification, compensable hour does not include other categories of time including but not limited to, leave without pay time, workers' compensation time or meal allowance time. 12 Section 12.2 Wage Rate. The base wage rate for purposes of calculating the wages of employees covered by this Agreement shall be $39.16 $40.17 per hour for the term of this Agreement. Individuals covered under the terms of this agreement shall not be entitled to receive any across-the-board pay increases granted by the City Council to all other regular City employees. Effective July 1, 200911, all journeyman linemen and wiremen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all -urban consumers for Anchorage measured from January 1, 2007-10 through December 31, 2007-10, with a minimum of 0.5% and a maximum of 3%. Effective July 1, 200-912, all journeyman linemen and wiremen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all -urban consumers for Anchorage measured from January 1, 200811 through December 31, 200811, with a minimum of 0.5% and a maximum of 3%. Section 12.3 Operator and Mechanic. Operator and Mechanic is a position which will perform duties including those set forth in Appendix A. " , The pay rate will be 90% of the base wage rate prescribed in section 12.2. Upon completion of six (6) months wage increase to 95%, upon completion of nine (9) months wage will increase to 100%. This position will be entitled to benefits and rights, including rights related to resolution of any grievances, solely as provided in this Agreement; provided however that while the benefits and rights of this Agreement are intended to replace benefits and rights under the City Code, such benefits and rights under this Agreement shall not reduce or be less than any benefits and rights accrued through prior employment with the City. For purposes of clarity, the position will be covered under the pension plans of this Agreement and, upon eligibility for such coverage; any person in this position will take all steps and agree that all steps may be taken to terminate that person's status as an active member of the Public Employees Retirement System. Assignment of the duties to this position, including the decision to assign or apportion work for Utility purposes or for non -Utility purposes, shall be in the sole discretion of management, subject to such delegations of authority as management may determine appropriate from time to time. ARTICLE 13 JOB CLASSIFICATIONS This Article shall cover all classifications of employees covered by this Agreement. The wage rate for the classifications of employees covered by this Agreement shall be as follows: Base wage rate 7/01 /0710 Percent of Journeyman Lineman or Wireman $-38-19 40.17 per hour The effective wage rate (the regular or straight time hourly rate) for classifications shall be a percentage of the base wage rate as follows: Journeyman Lineman or Wireman Line Foreman Leadman Operator and Mechanic (a) hired before July 1, 2010 hired after July 1, 2010 Apprentices (See Section 6.1 of this Agreement) 100% of base wage rate 112% of base wage rate 105% of base wage rate 100% of base wage rate 90% of base wage rate for first six months, 95% of base wage rate from end of sixth month through end of ninth month, and 100% thereafter. If employees are needed for work not listed in the classifications under this Article but for work included in the bargaining unit, they shall be paid at a negotiated rate that relates in importance to one of the classifications herein provided Sponsored by: Planning and Zoning Commission Introduction Date: September 27, 2010 Public Hearing Date: October 11, 2010 Enactment: October 11, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADDING SECTION 15.10.245 WIND ENERGY CONVERSION SYSTEMS (WECS) TO THE SEWARD CITY CODE ESTABLISHING A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY CONVERSION SYSTEMS (WECS) AS PERMITTED SECONDARY USES AND AMENDING SEWARD CITY CODE TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW WECS IN THE RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS AND P ZONING DISTRICTS WHEREAS, there has been an increase in community interest in the installation of Wind Energy Conversion Systems (WECS); and WHEREAS, the use of WECS is not addressed in the Seward City Code; and WHEREAS, the City of Seward ("City") recognizes that wind energy may help lower costs, is a renewable source of energy and is desired as a supplemental land use. WECS may be advantageous where the systems are used primarily for lowering the carbon footprint and energy in support of the primary use of the property on which a system is located; and WHEREAS, the intent of this ordinance is to establish a process for locating and constructing WECS, along with standards for the construction and operation of such systems, where the systems are secondary uses to established principal uses and to amend the Seward City Code Land Uses Allowed Table to allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P districts; and WHEREAS, this ordinance does not establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid; and WHEREAS, following newspaper publication for two weeks and written notice displayed in three public places, the Planning and Zoning Commission held a public hearing at its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning Code amendment; and WHEREAS, the draft minutes and public records of the Planning and Zoning Commission proceedings will be provided to the City Council. CITY OF SEWARD, ALASKA ORDINANCE 2010-004 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Title 15 is hereby amended by adding a section 15.10.245 Wind Energy Conversion Systems as follows: 15.10.245. Wind Energy Conversion Systems. (a) Purpose. It is the purpose of this section to establish health and safety standards for small wind energy conversion systems (WECS) as defined in this Code, and to encourage the development of small wind energy systems. (b) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Wind Energy Conversion System (WECS). Any device or assemblage, which directly converts wind energy into usable thermal, mechanical, or electrical energy, including such devices as windmills and wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries, and associated equipment. This system is designed as a secondary accessory use to existing principal uses and to existing buildings or facilities, wherein the energy generated is used primarily for consumption on the same or adjoining parcel on which it is located. Small Wind Energy Conversion System. A Wind Energy Conversion System that has a rated power capacity of not more than 100kW and is intended to produce energy primarily for on -site consumption, either instead of or as a supplement to public utility power. Total Height, Free Standing WECS. The distance measured from the preexisting natural grade to the highest point of any blade of the turbine. Total Height, Roof Mounted WECS. The distance measured from the building height to the highest point of any blade of the turbine. Wind Turbine. A device which converts the kinetic energy of the wind into a rotational energy transmitted through a drive train to a generator and where the generated power can be connected directly to the load or feed. (c) Approval Process. WECS are subject to a building permit under Seward City Code Chapter 12.05 Codes of Technical Regulation and a building permit shall be obtained prior to construction, installation or modification of the system. The Building Official shall review each building permit for compliance with the requirements of this section. The Building CITY OF SEWARD, ALASKA ORDINANCE 2010-004 Official shall grant approval if he or she is satisfied that the standards of this section have been met, that the applicant has sized and sited the system to reduce impacts on surrounding properties to the maximum extent feasible, and that the WECS is not otherwise prohibited by law. The applicant shall provide the Building Official documentation that the WECS meet the requirements of this section, including: (1) A description of the project, including the maximum rated power output capacity of the WECS. (2) The make, model, an illustrative photograph or brochure, manufacturer's specifications including noise decibels data for the proposed WECS, Manufacturer's Guaranteed Maximum Sound Power Level in dBA re 1pW, the support structure and method of attachment to the ground and/or structure. (3) Foundation plans designed for the installation location of the WECS and be stamped by an engineer licensed in the State of Alaska. (4) Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of ladders, climbing pegs, and access doors. (5) Site plans showing the installation location, including any related components, and the location of other structures, fences or retaining walls on the property. (6) For roof -mounted WECS, the owner must provide the City with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (7) If the WECS is not certified as meeting the IEEE 1547 standard (Institute of Electrical and Electronic Engineers), then an assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication is required. (8) A visual impact analysis of the proposed WECS as installed, which shall include color photographs of the proposed site from at least three locations accurately depicting the existing conditions. A computerized photographic simulation, demonstrating any visual impacts from strategic vantage points, is desirable and may be required at the Building Official's discretion. The applicant shall indicate any visual screening proposed to be incorporated into the project that is intended to lessen the system's visual prominence. (9) Evidence of compliance with Federal Aviation Administration requirements. CITY OF SEWARD, ALASKA ORDINANCE 2010-004 (d) Zoning and Lot Requirements. Monopole, guyed, lattice, vertical access and roof - mounted WECS are allowed outright as a secondary use in all zoning districts if they meet the following requirements and adhere to all requirements listed in this section. Only one WECS is permitted per lot in all zoning districts. (e) Development and Design Requirements. The requirements of this section shall apply to all WECS. (1) The turbine to be constructed as a component of the WECS must be approved by the Small Wind Certification Program recognized by the American Wind Energy Association (AWEA) or any other accredited organization such as the Small Wind Certification Council, National Wind Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska as a system that meets or exceeds industry safety standards for small wind energy systems. (2) The total height limitations for WECS for secondary use are as follows: a. Free Standing WECS. i.In RR, R1, R2, R3, UR, OR, AC, HC, CB and P, WECS are allowed as an outright use with a total height not to exceed 150 feet. ii.In I, RM and INS WECS with total height not exceeding 300 feet may be permitted. b. Roof -Mounted WECS. i. In all zoning districts WECS on buildings of 34 feet or less in total height, roof top WECS shall have a total height not to exceed 20 feet. c. Both Free Standing and Roof -Mounted WECS. i. Structures shall not interfere with Federal Aviation Administration Regulations on airport approaches. ii. In no case shall the total height of the WECS exceed manufacturer's specifications. (3) Minimum blade ground clearance in all zoning districts is fifteen feet (15') -19 CITY OF SEWARD, ALASKA ORDINANCE 2010-004 (4) All portions of any WECS, including guy wires and other anchors, shall comply with the following setback standards unless otherwise specified: a. All WECS shall be setback from all property lines at least 1.1 times the height of the system, except that the setback from a lot edge abutting a lake or pond may be one half the total height of the system. b. All WECS shall be setback from all property lines so that noise generated by the system shall not exceed fifty decibels (50dB) at the closest property line to the system, as calculated with the following formula for a 6dB doubling decay curve: SS 10^((L,,+L„+ Ls+-.5-50)/20) Where: Ss- Acoustic Setback Distance in Feet L,, Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1pW L„ Uncertainty Factor = 5 Ls- Safety Factor = 2 c. All WECS shall be located so that the principal structure is between the WECS and the front or side property line. d. All systems shall be setback at least 1.1 times the total height of the system from all overhead power and telecommunication lines, above ground electric and telecommunication equipment and any telecommunication towers. e. All portions of any WECS, including guy wires and other anchors, shall comply with the setback standards for the lot as shown on Table 15.10.220 Development Requirements. No part of the WECS may extend into any access or utility easements. (5) The rotating turbine shall not produce vibrations that are humanly perceptible beyond the property lines of the site exceeding fifty decibels (500). Those who violate this provision will be subject to the penalties and remedies found in Section 9.25.035. (6) All portions of the WECS shall be a non -reflective, non -obtrusive color, subject to the approval of the Community Development Department. The appearance of the turbines, towers and any other related components shall be maintained throughout the life of the WECS pursuant to industry standards. (7) All power and telemetry lines from the tower to any building or other structure shall be placed underground and an as -built indicating the locations will be provided to the Building Department. L� CITY OF SEWARD, ALASKA ORDINANCE 2010-004 (8) No tower shall be illuminated unless required by a state or federal agency, such as the FAA. (9) No commercial advertisements, signs, or other messages shall be placed or painted on any portion of the WECS; except that a system's or tower's manufacturer's logo, inspection tags, the owner's emergency contact information and appropriate warnings as required by national, state and local laws may be displayed on a system generator housing in an unobtrusive manner. (10) WECS structure shall -be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked. No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure. (11) The installation of a WECS may not enlarge, increase or expand a nonconforming use or structure. (f) Maintenance. A WECS shall be erected and maintained plumb, level, and true and shall be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's recommendations and instructions, manufacturer's and inspector's repair and maintenance schedules and with industry standards for WECS. The Building Official may order the repair or removal of any WECS that is not maintained in accordance with this section. The Building Official may also order that the WECS cease operating until satisfied that the WECS meets maintenance and operating standards. An inspection of the WECS components by a recognized Wind Turbine Inspection firm is required every 5 years and following a natural disaster. A tag indicating the firm and date of the last inspection must be displayed on the WECS. (g) Nuisances; Removal. (1) Any WECS that is not operated on a functional basis for a period of twelve (12) months is hereby declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided by this Title, the nuisance may be restrained, enjoined, or otherwise abated by the City. (2) Demolition permits are required before a person removes a WECS. The permit shall require the entire system be removed (foundations to below natural grade, collection, connection, and transmission equipment) and disposed of properly at the owner's sole expense. (h) Enforcement; Abatement. 21 CITY OF SEWARD, ALASKA ORDINANCE 2010-004 (1) Failure to maintain a WECS is a violation of this Title. (2) The City may issue an enforcement order under Chapter 9.20 Public Nuisances for the repair or removal of any WECS that is not operated on a functional basis for a period of twelve (12) months or where the WECS becomes a hazard to the safety of persons or property. (3) Where the system presents no immediate hazard to health or safety, the owner shall repair or remove the system within fifteen (15) days of receipt of notification of the enforcement order. Upon agreement in writing that the owner will comply with an enforcement order to repair or remove the system if allowed additional time, the City may grant an extension of time within which to abate the public nuisance, if the City determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. If the WECS is not operational or is not removed after fifteen (15) days from the date of notification of the enforcement order, or after the time of any extension provided, the City may remove the system at the owner's expense. (4) Where the City identifies an immediate health or safety hazard, and when the owner or other person responsible for the system is either not available to immediately remedy the hazard or refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle, or otherwise remove any WECS. The City shall attempt to notify any owner or other person responsible for the system of such action within forty-eight (48) hours. For purposes of this section, notice is effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if sent by certified mail. (5) The costs and expenses incurred by the City in abatement of any health and/or safety hazard or of any nuisance as defined in Section 15.10.245 (h) shall be chargeable to the owner and/or may be collected in a civil action by the City. (6) A person aggrieved by an enforcement order may appeal under SCC 15.10.410. Section 2. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby amended as follows: (items in BOLD and ITALIC are added to table) CITY OF SEWARD, ALASKA ORDINANCE 2010-004 Zoning districts: principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Wind Energy O O O O O O O O O O O O O Conversion Systems (WECS) Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this l ltn day of October, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 23 Council Agenda Statement Meeting Date: September 27, 2010 Through: City Manager Phillip Oates From: Community Development Director Christy Terry Agenda Item: Adding Wind Energy Conversion Systems (WECS) to the Seward City Code and Amending Land Uses to Allow WECS in all Zoning Districts BACKGROUND & JUSTIFICATION: In response to several public inquiries and requests to allow wind energy conversion systems (WECS) development throughout the City of Seward, a proposed Wind Energy Conversion Systems code addition and proposed code change to the Land Uses Allowed Table § 15.10.225 has been drafted. This proposed Code change would establish a process and standards for the siting, construction, and operation of WECS and allow WECS in the RR, RI, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts as permitted secondary uses. Currently, the Seward City Code does not address WECS. Developing Zoning and Development Requirements for these units is important to the orderly development of our community and may provide additional benefit for the general welfare of Seward's residents. These proposed code changes WILL NOT establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid. Until interconnection regulations are adopted by Council, this proposed ordinance will ONLY allow for stand-alone systems (systems not connected to the utility grid) that could require batteries to store excess power generated for use when the wind is calm. The Seward Electric Utility Employees continue to develop future code requirements, policies and procedures, but many of the interconnection requirements are complicated and critical because they deal with life safety. In addition to their concerns about the safety of our citizens and line workers, the Electric Utility is tasked with protecting the Utility's infrastructure. While the current goal of the Electric Utility is to allow for future interconnection as a possibility, there is no assurance that the technical concerns for safety and power quality will ever be resolved to the Utility's satisfaction, and therefore, there is no guarantee that interconnection will ever be approved by Council. While the Seward Electric Utility continues to move carefully forward with their piece of the required regulations, Community Development is proposing to insure Zoning and Development requirements are in place to allow stand-alone systems and for the future possibility that WECS could connect to the utility grid. At this time there is at least one stand-alone system moving forward with construction by the end of this year. Community Development is requesting direction, in the form of this resolution and proposed ordinance, from the Commission and Council to insure to compliance with the Community's desires. Total Height Free Standing WECS: According to the Forest Service, the approximate height of trees in the Forest Acres area is about 105 feet. Using this tree height we are proposing the total height of free standing WECS not exceed 150 feet. A general rule of thumb is to install a wind turbine on a tower with the bottom of the rotor blades at least 30 feet above obstructions within about a 300 foot radius. This proposed height is slightly over that recommendation to also include an average blade height of 10 feet and to support the desire for increased efficiency due to a high rate of return with increased tower height. Please keep in mind, that while WECS of this height could be allowed, they would still have to meet all other code requirements, including the setback ratio of 1.1. Based on a minimum 1.1 setback from the property line, a 150 foot WECS would require a minimum lot size of 2.5 aces. Earlier drafts included a shorter total height of 80 feet in a Residential District, but allowed much taller WECS with a Conditional Use Permit. Using the above explanation for justifying the height simplifies the process and recognizes that the setback ratio will play a larger role in the actual height of the WECS as opposed to the height restrictions themselves. Roof Mounted WECS: Roof Mounted WECS are engineered to be much shorter and smaller than Free Standing Units because of the physical demands placed on the building. Roof WECS are also utilized with smaller lots and would still have to meet the 1.1 setback ratio. Insurance Those who install WECS need to discuss adding coverage for the structure with their homeowner's insurance company. Other communities have stated that insurance for WECS can be added to existing homeowner, farm or business policies as an "appurtenant" (uninhabited) structure and not require a separate policy. WECS Inspections Section (f) Maintenance of the proposed WECS ordinance states "An inspection of the WECS components by a recognized Wind Turbine Inspection firm is required every 5 years and following a natural disaster." We have received some general quotes from private certified inspectors that average $150 per hour plus travel expenses from Anchorage. Individual residents or businesses who have WECS on their premises could form a group to divide expenses for an inspector, which is similar to what people do for septic pumping services. Pro eegy Values There is no data that indicates property values are negatively affected by WECS. There are some arguments on the internet that the presence of WECS increases neighboring property values and that a potential home owner would be willing to pay more for a home with alternative technology. Any potential negative impacts to surrounding property owners are being mitigated with the regulations in the proposed ordinance. Noise Seward has already experienced turbine noise complaints when the Borough installed small turbines as power backup systems for our emergency warning sirens. Numerous communities have been searching for a process to accurately measure the noise production of WECS prior to installation. Many of the specification sheets for the WECS include information on the decibels produced by the units, but do not include the corresponding data of where the decibel reading is observed. The formula included in the proposed ordinance was developed by an acoustical engineer hired by the Town of Phillips, Maine, in conjunction with the development of their Wind Energy Ordinance. The basic explanation of the formula is as follows: Sound is characterized by small pressure fluctuations overlaying atmospheric pressure, but the human ear doesn't respond linearly to the amplitude of sound pressure. In actuality, doubling the amplitude produces the sensation of a louder noise, but it doesn't seem twice as loud. Because of this principle, the scale used to characterize sound pressure is logarithmic. The formula below that was included in the ordinance was based on accepted principles of sound (6dB doubling decay curve) and includes our requirement that the decibel level at the property line be 50 dB. SS 10^((Lw+LU+ Ls+-.5-50)/20) Where: Ss- Acoustic Setback Distance in Feet LW- Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1pW Lu- Uncertainty Factor = 5 LS- Safety Factor = 2 Once the WECS is installed, any questions regarding the sound level at the property line can be measured with a sound meter. Additional noise could be caused if the WECS isn't functioning normally or if there is unusual weather conditions. An additional requirement is included in the ordinance to address noise levels after the WECS is installed. Birds and Bats Birds and bats occasionally collide with wind turbines, as they do with other tall structures such as buildings. There have been many studies and reports examining this subject and there is conflicting information in print and on the internet. Much of the research focuses on `Wind Farms' and their larger cumulative effects. This proposed ordinance only allows one WECS per parcel. A report completed by the National Wind Coordinating Collaborative contained the following bar graph. Causes of Bird fatalities w mtsr,er E0A00Ingilles Wind Turbines I el i Cscnmmicarien Toeen 0 250 PeOuidot 700 High Tensinn tines Wo other 1000 Cara 1000 ftattr "mom 0saw Source: Erickson, et.al, 2002. Summary of 0 Ior' 20M Sum 4COD Anthropogenic Causes of Bird Mortality Wind Energy Conversion System Code Experts from Alaskan Communities Please see below for some experts from other Alaska Communities on adopted height and setback restrictions. The entire codes were provided at an earlier work session and we can provide again upon request. Anchorage Municipal Code • On buildings of 60 feet or less in height, building mounted WECS shall be no taller than 10 feet • On buildings over 60 feet in height, building mounted WECS shall be set back from the structure edge by at least two feet for every one foot of height greater than 10 feet • In no instance shall a small WECS exceed 95 feet in height • All WECS shall be setback from all property lines at least 1.1 times the height of system, except that the setback from a lot edge abutting a lake or pond may be one half the height of the system • All systems shall be setback at least 1.1. times the height of the system from all overhead power and telecommunication lines, and any telecommunications towers • The height of Utility wind energy conversion systems shall not exceed 450 feet City of Kenai • Total height of the systems in a Residential District cannot exceed 80 feet • Total height in the Heavy Industrial District may not exceeding 300 feet may be permitted; total height exceeding 300 feet requires a conditional use permit • Total height in all other districts not exceeding 150 feet may be permitted; total height exceeding 150 feet requires a conditional use permit • Total height limitation near the Kenai Municipal Airport matches recommendations outlined in the Kenai Airport Master Plan Homer • A small wind energy system may be installed only on a lot having an area not less than one acre • The distance from a small wind energy system to the closest property line may not be less than 1.1 times its total height Valdez Municipal Code • "Commercial Wind Energy System" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control and conversion electronics with a rated capacity of more than 100 Kilowatts and exceeding 170 feet in total height • "Small Wind Energy System" means a wind energy conversion systems used to generate electricity at a rated capacity of less than 100 kilowatts and whose total height is less than 170 feet and whose primary intent is to reduce onsite consumption of utility power • The minimum setback between the Small Wind Energy System and property line shall be 1.1 times its total height. INTENT: This proposed Code change would establish a process and standards for the siting, construction, and operation of WECS and allow WECS in all Zoning Districts as permitted secondary uses. Currently, the Seward City Code does not address WECS. Developing Zoning and Development Requirements for these units is important to the orderly development of our community and may provide additional benefit for the general welfare of Seward's residents. It is NOT the intent of this Ordinance to establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid. Until interconnection regulations are adopted by Council, this proposed ordinance could ONLY allow stand-alone systems 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. FISCAL NOTE: None. Approved by Finance Department:_r ATTORNEY AND STAFF REVIEW: YES X No The Electric Utility would like to have it clearly stated that this proposed ordinance will not allow interconnection to the Seward Electric Utility Grid. The Electric Utility Director has a general concern that the passage of this ordinance is misleading to the public regarding the current status of interconnection. Community Development has tried to address those concerns with language in the proposed ordinance, Planning and Zoning Resolution 2010-13 and this agenda statement. RECOMMENDATION: Council enact Ordinance 2010- �{ , adding Section 15.10.245 Wind Energy Conversion Systems (WECS) to the Seward City Code and Amend Table 15.10.225. Land Uses Allowed to Allow WECS in the RR, RI, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts. Small Wind Electric ems..,. FT 71"'. 1 1 Yea aF v.S. unpa€i mon4 nF Ellorgy Energy Efficiency and Renewable Energy., Bringing yM;i�vhere r n�roy fs cl Ewa abunuant, rt€:ahle. and u€turdable Location —A home in Charlotte, Vermont Capacity-10 kilowatts Turbine manufacturer —Bergey Windpower Company Photo credit —Trudy Forsyth, NREUPIX09123 Location — Wales Wind Energy Project, Wales, Alaska Capacity — 0.1 MW Turbine manufacturer —Atlantic Orient Corporation Developer— Kotzebue Electric Association Photo credit —Steve Drouilhet, NREUPIX09674 Capacity-10 kilowatts Turbine manufacturer —Bergey Windpower Company Photo credit —Bergey Windpower Company, NREUPIX02102 Location —A ranch near Wheeler, Texas Capacity-1 kilowatt Turbine manufacturer —Southwest WindPower Photo Credit —Elliott Bayty/PIX07169 Location — A faun in western Kansas Capacity —10 kilowatts Turbine manufacturer — Bergey Windpower Company Photo credit — Warren Gretz, NREUPIX09618 Location —A cabin in South Park, Colorado Capac4—$00 watt Turbine manufacturer —Southwest Windpower Photo credit—E. McKenna, NRE-UPIX04712 Small Wind Introduction Can I use wind energy to power my home? This question is being asked across the country as more people look for affordable and reliable sourc- es of electricity. Small wind electric systems can make a significant contribution to our nation's energy needs. Although wind turbines large enough to provide a significant portion of the electricity needed by the average U.S. home gen- erally require one acre of property or more, apprommately 21 million U.S. homes are built on one -acre and larger sites, and 24% of the U.S. population lives in rural areas. A small wind electric system will work for you if- • There is enough wind where you live • Tall towers are allowed in your neighborhood or rural area • You have enough space • You can determine how much electricity you need or want to produce • It works for you economically. The purpose of this guide is to pro- vide you with the basic information about small wind electric systems to help you decide if wind energy will work for you. Why Should 1 Choose Wind? Wind energy systems are one of the most cost-effective home - based renewable energy systems. Depending on your wind resource, a Homeowners, ranchers, and sniall businesses can use wind - generated electricity to reduce their utility bills. This grid - connected system installed for a home in Norman, Oklahoma. reduces the homeowner's utility bill by $100 per month. Content Introdr3cuoq,: ' , ksf, How Can I Make My Home More Energy Efficli nh 2: Is Wlnd Energy PraCtrcal for Me? 3 VVFiat; Slze Wind lurhlne' Qa l Need _ 4 �:. f61C wf�'n''.u' 4Liw: L1.:::1':::7.:�:a> `.:ir.::`[tiM:.lt I R!:'�'1" rs�'�:: _:'lei.`_• __ R:::::: �:::...:.. small wind energy system can lower your electricity bill by 50% to 90%, help you avoid the high costs of extenduig utility power lines to remote locations, prevent power interruptions, and it is nonpolluting. How Do Wind Turbines Work? Wind is created by the unequal .heat- ing of the Earth's surface by the sun. Wind turbines convert the kinetic energy in wind into mechanical power that nms a generator to produce clean electricity, Today's turbines are versatile modular sources of electricity. Their blades are aero- dynamically designed to capture dte maximum energy from the wind. The wind turns the blades, which spin a shaft connected to a generator that makes electricity. First, How Can i Make My Home More Energy Efficient? Before choosing a wind system for your home, you should consider reducing your energy consumption by making your home or business more energy efficient. Reducing your energy consumption will signifi- cantly louver your utility bills and will reduce the size of the home -based renewable energy system you need. To achieve maximum energy effi- ciency, you should take a whole - building approach. View your home as an energy system with interrelated parts, all of which work synergisti- rally to contribute to the efficiency of the system. From die insulation in your home's walls to the light bulbs in its fixtures, there are many ways to make your home more efficient. Reduce your heating and cooling needs by up to 30% by investing just a few hundred dollars in proper insulation and weatherization products. J2. The largest portion of a utility bill for a .typical house is for heating and cooling. • Save money and increase comfort by properly maintaining and upgrading your heating, ventilation, and air-conditioning systems. • Install double -paned, gas -filled windows with low -emissivity (l.ow-e) coatings to reduce heat loss in cold climates and spectrally selective coatings to reduce heat gain in warm climates. • Replace your lights in high -use areas with fluorescents. Replacing 25% of your lights can save about 50% of your lighting energy bill. • When shopping for appliances, look for the ENERGY STAR® label. ENERGY STAR® appliances have been identified by the U.S. Envirorunental Protection Agency and U.S. Department of Energy as being die most energy -efficient products in their classes. • For more inforination on how to make your home energy efficient, see Energy Savers in the For More Information section. Is Wind Energy Practical 'for Me? A small wind energy system can provide you with a practical and econonucal source of electricity if: - your property has a good wind resource • your home or business is located on at least one acre of land in a rural area • your local zoning codes or covenants allow wind turbines • your average electricity bills are $1.50 per month or more your property is in a remote location without easy access to utility lines • you are comfortable with long-term investments. Zoning Issues Before you invest in a wind energy system, you should research poten- tial obstacles. Some jurisdictions, for example, restrict the height of the structures permitted in residentially zoned areas, although variances are often obtainable. Most zoning ordi- nances have a height limit of 35 feet. You can find out about the zoning restrictions in your area by calling the local building inspector, board of supervisors, or planning board. They can tell you if you will need to obtain a building permit and provide you with a .list of requirements. In addition to zoning issues, your neighbors might object to a wind machine that blocks their view, or they might be concerned about noise. Most zoning and aesthetic concerns can be addressed by supplying objec- tive data. For example, the ambient noise level of most modern residential wind turbines is around 52 to 55 deci- bels. This means that while the sound of the wind turbine can be picked out of surrounding noise if a conscious effort is made to hear it, a residential - sized wind turbine is no noisier than your average refrigerator. In Clover Valley, Minnesota. this 3-iM Whisper h175 turbine on a 50-foot tower is connected to tine utility grid to offset the farm's utility - supplied electricity. F 9 3 F 3 3 What Size Wind Turbine Do t Need? The size of the wind turbnle you need depends on your application. Small turbines range in size from 20 watts to 100 kilowatts (kW). The smaller or "micro" (20- to 500-watt) turbines are used in a variety of applications such as charging batteries for recreational vehicles and sailboats. One- to 10-kW turbines can be used in applications such as pumping water. Wind energy has been used for centu- ries to pump water and grind grain. Although mechanical windmills still provide a sensible, low-cost option for pumping water in low -wand areas, farmers and ranchers are finding that wind -electric pumping is a Little more versatile and they can pump twice the volume for the same initial investment. In addition, mechanical windmills must be placed directly above the well, which may not take the best advantage of available wind resources. Wind -electric pumping systems can be placed where the wind resource is the best and connected to the pump motor with an electric cable. iiiis 1-kW Whisper turbine provides direct AC power for the water purnp for stock tanks on a ranch in Wheeler, Texas. Turbines used in residential applica- tions can range in size from 400 watts to 100 kW (100 kW for very large loads), depending on the amount of electricity you want to generate. For residential applications, you should establish an energy budget to help define the turbine size you will need. Because energy efficiency is usually less expensive than. energy produc- tion, making your house more energy efficient first will probably be more cost effective and will reduce the size of the wind turbine you need (see How Can I Make My Home More Energy Efficient?). Wind turbine manufacturers can help you size your system based on your electricity needs and the specifics of local wind patterns. A typical home uses approximately 10,000 kilowatt -.hours (kWh) of elec- tricity per year (about 830 kWh per month), Depending on the average wind speed in the area, a wind tur- bine rated in the range of 5 to 15 kW would be required to make a signifi- cant contribution to this demand. A 1.5- kW wind turbine will meet the needs of a home requiring 300 kWh per month in a location with a 14- mile-per-hour (6.26-meters-per-sec- ond) annual average wind speed. The manufacturer can provide you with the expected annual energy output of the turbine as a function of annual average wind speed. The manufac- turer will also provide information on the maximum. wind speed at which the turbine is designed to operate safely. Most turbines have automatic overspeed-governing systems to keep the rotor from spinning out of control in very high winds. Tlus information, along with your local wild speed and your energy budget, will help you decide which size turbine will best meet your electricity needs. What are the Basic marts of a Small Wind Electric System? Home wind energy systems gener- ally comprise a rotor, a generator or alternator mounted on a frame, a tail (usually), a tower, wiring, and the "balance of system" components: controllers, inverters, and /or batter- ies. Through the spinning blades, the rotor captures the kinetic energy of the wind and converts it into rotary motion to drive the generator. Wind Turbine Most turbines manufactured today are horizontal axis upwind machines with two or three blades, which are usually made of a composite material such as fiberglass. The amount of power a turbine will produce is determined primarily by the diameter of its rotor. The diameter of the rotor defines its "swept area," or the quantity of wind intercepted by the turbine, The turbine's frame is the structure onto which the rotor, genera- tor, and tail are attached. The tail keeps the turbine facing into the wind. Tower Because wind speeds increase with height, the turbine is mounted on a tower. In general, the higher the tower, the more power the wind system can produce. The tower also raises the turbine above the air turbulence drat can exist close to the ground because of obstructions such as hills, buildings, and trees. A general rule of thumb is to install a wind turbine on a tower withthe bot- tom of the rotor blades at least 30 feet (9.meteus) above any obstacle that is within 300 feet (90 meters) of the tower. Relatively small investments un increased tower height can yield very high rates of return in power produc- tion. For instance, to raise a 10-kW Basic Parts of a Small Wind Electric System generator from a 60-foot tower height to a 100-foot tower involves a 10% increase in overall system cost, but it can produce 29% more power. There are two basic types of tow- ers: self-supporting (free standing) and guyed. Most home wind power systems use a guyed tower. Guyed towers, which are the least expensive, can consist of lattice sections, pipe, or tubing (depending on the design), and supporting guy wires. They are easier to install than self-supporting tow- ers. However, because the guy radius must be one-half to three-quarters of the tower height, guyed towers require enough space to accommodate them. Although tilt -down towers are more expensive, they offer the con- sumer an easy way to perform maintenance on smaller light -weight turbines, usually 5 kW or less. jo Tilt -down toiriers provide easy maintenance for turbines. Tilt -down towers can also be low- ered to the ground during hazard- ous weather such as hurricanes. Aluminum towers are prone to cracking and should be avoided. Most turbine manufacturers provide wind energy system packages that include towers. Mounting turbines on rooftops is not reconunended. All wind turbines vibrate and transmit the vibration to the structure on which they are mounted. This can lead to noise and structural problems with the building, and the rooftop can cause excessive turbulence that can shorten the life of the turbine. Balance of System The parts that you need in addition to the turbine and the tower, or the balance of system parts, will depend on your application. Most manufac- turers can provnde you with a system package that includes all the parts you nneed.for your application. For exam- ple, the parts required for a water pumping system will be much differ - A Bergey XL.10, 1OW wind turbine is part of a grid -connected wind/photovoltaic hybrid system that reduces the utility power used by this home in Vermont. The balance of system (upper right) includes froin left to right, a Trace inverter for the PV system, a breaker box, and a Poweisync inverter for the wind system. application, the balance of system parts may include a controller, storage batteries, a power conditioning unit (inverter), and wiring. Some wind turbine controllers, inverters, or other electrical devices may be stamped by a recognized testing agency, like Underwriters Labora tones. Stand -Atone Systems Stand-alone systems (systems not connected to the utility grid) require batteries to store excess power gener- ated for use when the wind is calm. They also need a charge controller to keep the batteries from overcharging. Deep -cycle batteries, such as those used for golf carts, can discharge and recharge 80% of their capacity hundreds of times, whichsnakes them a good option for remote renewable energy systems. Automotive batteries are shaIlow-cycle batteries and should not be used in renewable energy systems because of their short life in deep -cycling operations. Small wind turbines generate direct current (DC) electricity, In very small systems, DC appliances operate directly off the batteries. If you want to use standard appliances that use con- ventional household alternating cur- rent (AC), you must install an inverter to convert DC electricity from the batteries to AC. Although the inverter slightly lowers the overall efficiency of the system, it allows the home to be wired for AC, a definite plus with lenders, electrical code officials, and future homebuyers. For safety, batteries should be iso- lated from living areas and electron- ics because they contain corrosive and explosive substances. Lead -acid batteries also require protection from temperature extremes. Grid -Connected Systems In grid-cotuiected systems, the only additional equipment required is a power conditioning urdt (inverter) that makes the turbine output electri- cally compatible with the utility grid. Usually, batteries are not needed. What Do Mired Systems Cost? Installation costs vary greatly depend- ing on local zoning, permitting, and utility interconnection costs. According to the American Wind Energy Association, small wind energy systems cost from $3,000 to $5,000 for every kilowatt of generating capacity. This is much cheaper than. solar electric systems, but the payback period can still be lengthy. Wind energy becomes more cost effec- tive as the size of the turbine's rotor increases. Although small turbines cost less in initial outlay, they are proportionally more expensive. The cost of an installed residential wind energy system with an 80-foot tower, batteries, and inverter typically ranges from $15,000 to $50,000 for a 3- to 10-kW wind turbine. Although wind energy systems involve a significant initial invest- ment, they can be competitive with conventional energy sources when you account for a lifetime of reduced or avoided utility costs. The length of the payback period —the time before the savings resulting from your system equal the cost of the system itself —depends on the system you choose, the wind resource on your site, electricity costs in your area, and how you use your wild system. For example, if you live in California and have received the 5% buydown of your small wind system, have net metering, and an average annual wind speed of 15 miles per hour (mph) (6.7 meters per second [m/ sj), your simple payback would be approximately 6 years. 37 I Southwest Nindpo,ner;iir 103, 300-watt urbine is the sole .eurce of electricity or this remote tome in northern V12ona. Sinall wind turbines like this 10-kW Bergey XL.10 provide electricity for home, famn, and ranch applications. Things to Consider When Purchasing a Wind Turbine Once you determine you can install a wind energy system in compliance with local land use requirements, you can begin pricing systems and compo- nents. Comparatively shop for a wind system as you would any major pur- chase, Obtain and review the product literature from several manufacturers. As mentioned earlier, lists of manu- facturers are available from AWEA, (see For More Information), but not all small turbine manufacturers are members of AWEA. Check the yellow pages for wind energy system dealers it your area. Once you have narrowed the field, research a few companies to be sure they are recognized wind energy businesses and that parts and service will be available when you need them. You may wish to contact the Better Business Bureau to check on the company's integrity and ask for references of past customers with installations similar to the one you are considering. Ask the system owners about performance, reliability, and maintenance and repair requirements, and whether the system is meeting their expectations. Also, find out how long the warranty lasts and what it includes. Where Can I Find Installation and Maintenance Support? The manufacturer/dealer should be able to help you install your machine. Many people elect to install the machines themselves. Before attempt- ing to install your wind turbine, ask yourself the following questions: • Can I poor a proper cement foundation? • Do I have access to a lift or a way of erecting the tower safely? • Do I know the difference between AC and DC wiring? • Do I know enough about electricity to safely wire my turbine? • Do I know how to safely handle and install batteries? If you answered no to any of the above questions, you should. probably choose to have your system installed by a system integrator or installer. Contact the manufacturer for help or call your state energy office and local utility for a list of local system installers. You can also check the yel- low pages for wind energy system service providers. A credible installer will provide many set vices such as permitting. Fund out if the installer is a licensed electrician. Ask for references and check them out. You may also want to check with the Better Business Bureau. Although small wind turbines are very sturdy machines, they do require some annual maintenance. Bolts and electrical connections should be checked and tightened if necessary. The machines should be checked .for corrosion and the guy wires for proper tension. In addition, you should check for and replace any worn leading edge tape on the blades, if appropriate. After 10 years, the blades or bearings may need to be replaced, but with proper installation and maintenance, the machine should last up to 20 years or 1 onger. If you do not have the expertise to maintain the machine, your installer may provide a service and mainte- nance program. How Much Energy Will My System Generate? Most U.S. manufacturers rate their turbines by the amoumt of power they can safely produce at a particular wind speed, usually chosen between 24 mph (10.5 m/s) and 36 mph (16 m/ s). The following formula illustrates factors drat are important to the performance of a wi.n.d. turbine. Notice that the wind speed, V, has an exponent of 3 applied to it. This means that even a small increase in wind speed results in a large in power. That is why a talle: will increase the productivity wind turbine by giving it acc higher wind speeds as show Wind Speeds Increase with 1 graph. The formula for calcul the power from a wind turbii Power = k C P 1/2 p AV' Where: P = Power output kilowatt CP = Maximum power coetfi_...., ranging front 0.25 to 0.45, dimensionless (theoretical maximum = 0.59) p = Air density, lb / ft' A = Rotor swept area, ft'or n D'/4 (D is the rotor diameter in ft, n = 3.1416) V = Wind speed, mph k = 0.000133 A constant to yield power in kilowatts. (Multiplying the above kilowatt answer by 1.340 converts it to horse- power [i.e.,1 kW =1.340 horsepower]). The rotor, swept area, A, is important because the rotor is the part of the turbine that captures the wind energy. Relative Size of Small Wind Turbines Source: Paul Gipe, Wind Energy Basics r, 09 vation I,000 :>...::.......: .: . 3 000 - - - a999 �ir':d4=.Si`;; ":'_` t: �,000 �'�ti*`}i? jy3 'ANvq•t.,i'...,.µ. •i};!'"y+�'.�3R:``-:1'�,1�,'>:'.r�. '1Y",_F'r 1`-' t^.`�t-.j, t• 1,000 i,000 `i_ u•S.•=x ;lr�'(J:_}` 'r. f t y < 1.i.' ..in• r aF Jy�u�Y'�•.y�':..s. r yM :d:yf .:5`.A'--'�r-i3 d{�.��yirJ, 1000 000 s0 95 uensity change compared to sea level, % N 100 So, the larger the rotor, the more energy it can capture. The air density, p, changes slightly with air tempera- ture and with elevation. The ratings for wind turbines are based on standard conditions of 59° F (15' C) at sea level. A density correction should be made for higher elevations as shown in the Air Density Change with Elevation graph. A correction for temperature is typically not needed for predicting the long term perfor- mance of a wind hirbine. Although the calculation of wind power illustrates important features about wind turbines, the best mea- sure of wind turbine performance is annual energy output. The difference between power and energy is that power (kilowatts [kW]) is the rate at which electricity is consumed, while energy (kilowatt-hours [kWh]) is the quantity consumed. Ann estitate of the annual energy output from your wind turbine, kWh/year, is the best way to determine whether a particular wind turbine and tower will produce enough electricity to meet your needs. A wind turbine manufacturer can help you estimate the energy production you can expect. They will use a cal- culation based on the particular wind turbine power curve, the average annual wind speed at your site, the height of the tower that you plan to use, and the frequencydistribution of the wind -an estimate of the number of hours that the wind will blow at each speed during an average year. They should also adjust this calcula- tion for the elevation of your site. Contact a wind turbine manufacturer or dealer for assistance with this calculation. To get a preliminary estimate of the performance of a particular wind tur- bine, use the formula below. AEO = 0.01.32E D2 V3 Where: AEO = Annual energy output, kWh/year D = Rotor diameter, feet V = Annual average wind speed, mph The Wind Energy Payback Period Workbook found at-,vww.nnrel.gov/ wind/does/spread_sheet Final.xls is a spreadsheet tool that can -help you analyze the economics of a small wind electric system and decide whether wind energy will work for you. The spreadsheet can be opened using Microsoft Excel 95 software. It asks you to provide information about how you're going to finance the system, the characteristics of your site, and the properties of the system you're considering. It then provides you with a simple payback estimation in years. If it takes too long to regain your capi- tal investment —the number of }Tears comes too close or is greater than the life of the system=wind energy wilI not be practical for you. Is There Enough Wind on My Site? Does the wind blow hard and con- sistently enough at my site to make a small wind turbine system economi- cally worthwhile? That is a key ques- tion and not always easily answered. The wind resource can vary signifi- cantly over an area of just a fete miles because of local terrain influences on the wind flow. Yet, there are steps you can take that will go a long way towards answering the above question. As a first step, wind resource maps like the one on pages 12 and 13 can be used to estimate the wind resource in your region. The highest average wind speeds in the United States are generally found along seacoasts, on ridgelines, and on the Great Plains; however, many areas have wind resources strong enough to power a small wind turbine economically. The wind resource estimates on this map generally apply to terrain features that are well exposed to the wind, such as plains, hilltops, and ridge crests. Local terrain features may cause the wind resource at a specific site to differ con- siderably from these estimates. More detailed wind resource inforniation, including the Wind Energy Resource Atlas of tenured States, published by the U.S. Department of Energy (DOE), can be found at the National Wind Technology Center Web site at www. nrel.gov/winnd/ and the DOE Wind Powering America Web site at wivw. windpoweringannerica.gov. Another way to indirectly quantify the wind resource is to obtain average wind speed information from a nearby airport. However, caution should be used because local terrain influences and other factors may cause the wind speed recorded at an airport to be different from your particular location. Airport wind data are generally measured at heights about20-33 ft (6-10 m) above ground. Average wind speeds increase with height and may be 1.5%-25% greater at a typical wind turbine hub -height of 80 ft (24 m) than those measured at airport anemometer heights. The National Climatic Data Center collects data from airports in the United States and makes wind data summaries available for purchase. Summaries of wind data from almost 1000 U.S. airports are also included in the Wired Energy Resource Atins of the United States (see For More Information). Another useful indirect measurement of the wind resource is the observa- tion of an area's vegetation Trees, especially conifers or evergreens, can be permanently deformed by strong winds. This deformity, known as "flagging," has been used to estimate the average wind speed for an area. For more information on the use of flagging, you may want to obtain CM Z `m 0 r Wind Speeds Increase with Height 41 0 41 75 too 120 Increase in wind power, % United Stot a::- Wind -ReisouripeMap `Yearly Electricity- Production Estimated per M2. :of:Rot or . Swept- Area, fora Small Wind Turbine SmaII W nd:Turbfne Product vRYE matee WInO ProOucdv4 _VIAndPower Dsqiky Wind$ "d Power- -permIqf 4t.M.ft.(jO.i'nj ':" a(.3.3ft-Flo"o. .Class: skyTi;r to (MIS) 1 .00. <4A 2 ioo:�'A'60. .9.8 - II.5..._4.4*- 6.1 150— 2WI .6.. 11. A2.5-:5A.ii-5.6 4 17 $10: . W .6:.6.'0 5 -6W - 77 0':, :2W:..;,M 134 - i 4A, : 6.0,6A. 6 1986: 800M.�40'(.) .400-1000* U.SAS A4.'O 6W:4170. :7.o-9.4 .Source.;MWInd Energy Fiesoource. Adas of the United Statee. * 1987 Estimates are based on ciftwit models and sizes of vAnd'tkjrbIns4-aOqM!ng #::tower might ot.1.50ft (24.m), *',.Fors erns otdftrentslzes, muMply.".estimated prod ucWlty,by-the..tDtal.$WW.grS4:iDf'iti i tUfbilnO.. U.S., Depa"M df Energy National Rqnqw".-'ErWgy Laboratory A Siting Nnndbook%r Sinafl Wind Energy Conversion Systems (see For More Information). Direct monitoring by a wind resource measurement system at a site pro- vides the clearest picture of the avail- able resource, A good overall guide on this subject is the Wind Resource Assessment Handbook (see For More Information). Wind measurement systems are available for costs as low as $600 to $1200. This expense may or may not be hard to justify depending on the exact nature of the proposed. small wind trbine system. The mea- surement equipment must be set high enough to avoid ttrbulence created by trees, buildings, and other obstruc- tions. The most useful readings are those taken at hub -height, the eleva- tion at the top of the tower where the wind turbine is going to be installed. If there is a small wind turbine sys- tem in your area, you may be able to obtain information on the annual output of the system and also wind speed data if available. 43 How Do 1 Choose the Best Site for My Wind Turbine? You can have varied wind resources within the sane property. In addition to measuring or finding out about the annual wind speeds, you need to know about the prevailing directions of the wind at your site. If you live in complex terrain, take care in selecting the installation site. If you site your wind turbine on the top of or on die windy side of a hill, for example, you will have more access to prevailing winds than in a gully or on the lee- ward (sheltered) side of a hill on the same property. In addition to geologic formations, you need to consider existing obstacles such as trees, houses, and sheds, and you need to plan for future obstnictions such as new buildings or trees that.lhave not reached their hill height. Your turbine needs to be sited upwind of build- ings and trees, and it needs to be 30 feet above mything within 300 feet. You also need enough room to raise and lower the tower for maintenance, Obstruction of the Wind by a Building or Tree of Height (H) 1-6 2 H �01 and if your tower is guyed, you must requires, the excess is sent or sold to allow room for the guy wires. the utility. Whether the system is stand-alone or grid -connected, you will also need to take the length of the wire nun between the turbine and the load (house, batteries, water pumps, etc.) into consideration. A substantial amount of electricity can be lost as a result of the wire resistance --the lon- ger the wire nm, the more electric- ity is lost. Using more or larger wire will also increase your installation cost Your wire run losses are greater when you have direct current (DC) instead of alternating current (AC). So, if you have a long wire nun, it is advisable to invert DC to AC. Can I Connect My System to the Utility Grid? Small wind energy systems can be connected to the electricity distribu- tion system and are called grid - connected systems. A grid -connected wind turbine can reduce your con- sumption of utility -supplied electric- ity for lighting, appliances, and electric heat. If the turbine cannot deliver the amount of energy you need, the utility makes up the differ- ence. When the wind system produces more electricity than the household Grid -connected systems can be practi- cal if the following conditions exist: • You live in an area with average annual wind speed of at least 10 mph (4.5 m/s) • Utility -supplied electricity is expensive in your area (about 10 to 15 cents per kilowatt -.hour) • The utility's requirements for connecting your system to its grid are not prohibitively expensive • There are good incentives for the sale of excess electricity or for the purchase of wind turbines. Federal regulations (specifically, the Public Utility Regulatory Policies Act of 1978, or PIIRPA) .require a dli ties to connect with and purchase power from small wind energy systems. However, you should contact your utility before connecting to their dis- tribution lines to address any power quality and safety concerns. Your utility can provide you with a list of requirements for connecting your sys- tem to the grid. The American Wind Energy Association is another good source for information on utility interconnection requirements. The 44 The farther you place your wind turbine from obstacles such as buildings or trees, the less turbulence you will encounter, following information about utility grid. connection requirements was taken .from AWEA's Web site. For more detailed information, visit w ww awea.org/ or contact AWEA (see For More Information). Net Metering The concept of net metering programs is to allow the electric meters of cus- tomers with generating facilities to firm backwards when their generators are producing more energy than the customers' demand. Net metering allows customers to use their genera- tion to offset their consumption over the entire billing period, not just instantaneously. This offset would enable customers with generating facilities to receive retail prices for more of the electricity they generate. Net metering varies by state and by utility company, depending on whether net metering was legis- lated or directed by the Public Utility Commission. Net metering programs all specify a way to handle the net excess generation (.NEG) in terms of payment for electricity and/or length of tune allowed for NEG credit. If the net metering requirements define NEC on a monthly basis, the consum- er can only get credit for their excess that month. BLit if the net metering rules allow for annual NEC, the NEC credit can be carried for up to a year. Most of North America gets more wind in the winter than. in the sum- mer. For people using wind energy to displace a large load in the summer like air-conditioning or irrigation water pumping, having an annual NEG credit allows them to produce NEG in the winter and be credited in the summer. Safety Requirements Whether or not your wind turbine is connected to the utility grid, the installation and operation of the wind turbine is probably subject to the electrical codes that your local gov- ernment (city or county), or in some instances your state government, has in place. The government's principal concern is with the safety of die facility, so these code requirements emphasize proper wiring and installa- tion and the use of components that have been certified for fire and electrical safety by approved testing laboratories, such as Underwriters Laboratories. Most local electrical codes requirements are based on the National Electrical Code (NEC), which is published by the National Fire Protection Association. As of 1999, the latest version of the NEC did not have any sections specific to the installation of %rind energy facilities' consequently wind energy.installa- tions are governed by the generic provisions of the NEC. If your wind turbine is connected to the local utility grid so that any of the power produced by your wind tur- bine is delivered to the grid, then your utility also has legitimate concerns about safety and power quality that need to be addressed. The utility's principal concern is that your wind turbine automatically stops deliver- ing any electricity to its power lines during a power outage. Otherwise line workers and the public, thinking that the line is "dead;' might not take normal precautions and might be hurt or even killed by the power from your turbine. Another concern among utilities is whether the power from your facility synchronizes property with the utility grid and it matches the utility's own power in terms of volt- age, frequency, and power quality. A few years ago, some state govern- ments started developing new standardized interconnection require- ments for small renewable energy generating facilities (including wind turbines). In most cases, the new requirements are based on consen- sus -based standards and testing pro- cedures developed by independent third -party authorities, such as the Institute of Electrical and Electronic Engineers and Underwriters Laboratories. Interconnection Requirements Most utilities and other electricity providers require you to enter into a formal agreement with them before you interconnect your wind turbine with the utility grid. In states that have retail competition for electricity service (e.g., your utility operates the local wires, but you have a choice of electricity provider) you. may have to sign a separate agreement with each company. Usually these agreements are writ- ten by the utility or the electricity provider. In the case of private (inves- tor -owned) utilities, the terms and conditiorLs in these agreements must be reviewed and approved by state regulatory authorities. Insurance Some utilities require small wind turbine owners to maintain liability insurance in amounts of $1 million or more. Utilities consider these require- ments necessary to protect them from liability for facilities they do not own and have no control over. Others consider the insurance requirements excessive and unduly burdensome, making wind energy uneconomic. In the 21 years since utilities have been required to allow small wind systems to interconnect with the grid, there has never been a liability claim, let alone a monetary award, relating to electrical safety. In seven sues (California, Georgia, Maryland, Nevada, Oklahoma, Oregon, and Washington), laws or regulatory authorities prohibit This grid- r,onnected, t 0-kW Bargee Y ind turbine offsets electrical purer consumption for a .mail business in Norman, Oklahoma. x 46 utilities from imposing any insurance requirements on small wind sys- tems that qualify for "net metering." In at least two other states (Idaho, Virginia), regulatoryauthorities have allowed utilities to impose insurance requirements but have reduced the required coverage amounts to levels consistent with conventional residen- tial or commercial insurance policies (e.g., $100,000 to $300,000). If your insurance amounts seem excessive, you can ask for a reconsideration from regulatory authorities (in the case of private investor -owned utilities) or the utility's governing board (in the case of publicly owned utilities). Indemnification An indemnity .is an agreement between two parties in which one agrees to secure the other against loss or damage arising from some act or some assumed responsibility. hi the context of customer -owned generat- ing facilities, utilities often want customers to indemnify them for any potential liability arising from the operation of the customer's generating 4 facility. Although the basic principle is sound —utilities should not be held responsible for property dam- age or personal injury attributable to someone else —indemnity provi- sions should not favor the utility but should be fair to both parties. Look for Ianguage that says, "each party shall indemnify the other.. ." rather than "the customer shall indemnify the utility .. . Customer Charges Customer charges can take a variety of forms, including interconnection charges, metering charges, and standby charges. You should not hesitate to question any charges that seem inappropriate to you. Federal law (Public Utility Regulatory Policies Act of 1978, or PURPA, Section 210) prohibits utilities from assessing dis- criminatory charges to customers who have their own generation facilities. Hybrid Power Systems Combine multiple sources to deliver non -intermittent electric power tl Can 1 Go "Off -Grid"? Hybrid Systems Hybrid wind energy systems can provide reliable off -grid power for homes, farms, or even entire com- munities (a co -housing project, for example) that are far from the near- est utility lines. According to many renewable energy experts, a "hybrid" system that combines wind and photovoltaic (PV) technologies offers several advantages over either single system. In much of the United States, wind speeds are low in the sumnner when the sun shines brightest and Iongest. The wind is strong in the winter when less sunlight is available. Because the peak operating times for wind and PV occur at different times of the day and year, hybrid systems are more likely to produce power when you need it. (For more information on solar electric or PV systems, contact the Energy Efficiency and Renewable Energy Information Portal see For More Information.) Battery bank For the times when neither the wind turbine nor the PV modules are pro- duchig, most hybrid systems provide power through batteries and/or an engine -generator powered by conven- tional fuels such as diesel. If the bat- teries run low, the engine -generator can provide power and recharge the batteries. Adding an engine - generator makes the system more complex, but modern electronic controllers can operate these systems automatically. An engine -generator can also reduce the size of the other components needed for the system. Keep in mind that the storage capac- ity must be large enough to supply electrical needs dieing non -charging periods. Battery banks are typically sized to supply the electric load for one to three days. An off -grid hybrid system may be practical for you if: • You live in an area with average annual wind speed of at least 9 mph (4.0 m / s) • A grid connection is not available or can only be made through an 48 A hybrid system that combines a wind system with a solar and/or diesel generator can provide reliable off - grid pourer around the clock. expensive extension The cost of + You would like to gain energy running a power line to a remote independence from the utility site to connect with the utility grid . You would like to generate clean can be prohibitive, ranging from power. $15,000 to more than $50,000 per mile, depending on terrain.. i f at an elevation i}f 91i00 6: it his beein Glossary of Terms Airtoi —The shape of the blade cross- section, which for most modem hori- zontal axis wind turbines is designed to enhance the lift and improve tur- bine performance. Ampere -hour —A unit for the quantity of electricity obtained by integrating current flow in amperes over the time in hours for its flow; used as a mea- sure of battery capacity. Anemometer —A device to measure the wind speed. Average wind speed —The mean wind speed over a specified period of time. Blades —The aerodynamic surface that catches the wind. Brake —Various systems used to stop the rotor from turning. Converter —See Inverter. Cut -In wind speed —The mind speed at which a wind turbine begins to generate electricity. Cut-out wind speed —The wind speed at which a wind turbine ceases to generate electricity. Density —Mass per twit of volume. Downwind —On the opposite side from the direction from which the wind blows. Furling —A passive protection for the turbine in which the rotor folds either up or around the tail vane. Gild —The utility distribution system. The network that connects electricity generators to electricity users. HAWT—Ho izontal axis wind turbine. Inverter —A device that converts direct current (DC) to alternating current (AC). M—Kilowatt, a measure of power for electrical current (1000 watts). kWh —Kilowatt-hour, a measure of energy equal to the use of one kilowatt in one hour. MW—Megawatt, a measure of. power (1,000,000 watts). Nacelle —The body of a propeller -type wind turbine, containing the gearbox, generator, blade.huib, and other parts. 0 & M costs —Operation and mainte- nance costs. Power coefficient —The ratio of the power extracted by a wind turbine to the power available in the wind stream. Power curve —A chart showing a wind turbine's power output across a range of wind speeds. PUC—Public Utility Commission, a state agency which regulates utilities. In some areas .known. as Public Service Commission (PSC). PURPA—Public Utility Regulatory Policies Act (1978),16 U.S.C. § 2601.18 CFR §292 that refers to small generator utility connection rules. Rated output capacity —The output power of a wind machine operating at the rated wind speed. Rated wind speed —The lowest wind speed at which the rated output power of a wind turbine is produced. Rotor- The rotating part of a wind turbine, including either the blades and blade assembly or the rotating portion of a generator. Rotor diameter —The diameter of the circle swept by the rotor. Rotor speed —The revolutions per minute of the wind turbine rotor. Start-up wind speed —The wind speed at which a wind turbine rotor will begin to spin. See also Cut -in wind speed. Swept area —The area swept by the turbine rotor, A = n R2, where R is the radius of the rotor. Tip speed ►atio—The speed at the tip of die rotor blade as it moves through the air divided by the wind velocity. This is typically a design requirement for the turbine. Turbulence—T.he changes in wind speed and direction, frequently caused by obstacles. Upwind —On the same side as the direction from which the wind is blowing—wiidward. VAWT—Vertical axis wind turbine. Wind farm A group of wind tur- bines, often owned and maintained by one company. Also known as a wind power plant. Yalvv—The movement of the tower top turbine that allows the turbine to stay into the wind. For More Information Books A Siting Handbook fir Small Wind Energy Conversion Syste)ns H. Wegley, J. Ramsdell, M. Orgill and R. Drake Report No. PNL-2521 Rev.1,1980 National Technical h-formation Service 5285 Port Royal Rd. Springfield, VA 22151 (800) 553-6847 www.ntis.gov Energy Savers Tips on Saving Energy and Money at Home — A consumer's guide for saving energy and reducing utility bills. www.eere.energy.gov/ consumnerinfo/energy_savers 5 1 Wind Energy Bnsics Paul Gipe ISBN 1-890132-07-01 A comprehensive guide to modern small wind technology. American Wind Energy Association (202) 383-2500 www.awea.org or Chelsea Green Publishing Company www.chelseagreen. corn Wind Energy Resource Atlas of the United States D. Elliott et at. American Wind Energy Association (202) 383-2500 www.awea.org rredc.nTel.gov/wind/pubs/atlas Wind Power for Horne, Farrn, and Business: Renewable Energy for the Nezo Millenhun Paul Gipe ISBN-1-931498-14-8 Completely revised and expanded edition of Wind Power for Home and Business Chelsea Green Publishing Company www.chelseagreen.com Wind Power Workshop Hugh Piggott Provides an overview on how to design a home -built wind turbine, The Center for Alternative Technology Machynlleth, Powys SY20 9A4 UK Phone:06154-702400 E-mail: helpecatinfo.demon.co.uk www.foe.co.uk/CAT Government Agencies U.S. Department of Energy's Energy Efficiency and Renewable Energy Information Portal www.eere.energy.gov National Climatic Data Center Federal Building,151 Patton Avenue Asheville, North Carolina, 28801-5001 Phone: (828) 271-4800 www.ncdc.noaa.gov U.S. Department of Commerce National Technical information Service 5285 Port Royal Road Springfield, Virginia 22161 (800) 553-6847 www.ntis.gov Non -Government Organizations American Wind Energy Association 110114th St., NW 12th Floor Washington, D.C. 20005 Phone: (202) 383-2500 www.awea.org Solar Energy International Short courses on renewable energy and sustainable development Phone: (970) 963-8&55 www.solarenergy.org Periodicals Apples and Oranges Mick sagriuo A comprehensive comparison of available small wind turbines avail- able on the Home Power Magazine Web site: wwwdioniepower.coni House Porner Magazine The definitive bimonthly magazine for the homemade power enthusiast. Phone: (800)707-6586 www1tomepower.com Videos An Introduction to Residential Wind Systems ruith Mick Sagrillo A 63-minute video answering ques- tions most often asked by homemvn- ers as they consider purchasing and installing wind power systems American Wind Energy Association Phone: (202) 383-2500 www,awea.org Web Sites Small Wind Systems Includes answers to frequently asked questions and information. on U.S. manufacturers. www.awea.org/smallwitid.htinl Database of State Incentives for Renewable Energy www.dsire,Ltsa.org Green. Power Network Net Metering Net metering programs are now avail- able in more than 35 states. www.eere.eriergy.gov/greel-Lpower/ markets Small Wind "Talk" on the Web AWEA's Home Energy Systems elec- tronic mailing list is a forum for the discussion of small-scale energy sys- tems that include wind. To subscribe, send a subscription request to awea- wind-home-subscribe@egroups.com. Wind Energy for Homeowners This Web page covers items you should consider before investing in a small wind energy system and provides basic information about the systems. www.nrel.gov/clean energy/home_ wind.htTni Wind Resource Assessment Handbook www.iirel.gov/dors/legosti/ fy97/222923.pdf rm Bill — Wind Development Renewable Energy Systems and Energy Efficiency Improvements Incentive Type: Law -interest loans, loan guarantees, and grants Eligible Technologies: Renewable energy systems (energy derived from wind, solar, biomass, geothermal, and hydro- gen derived from biomass or water using a renewable energy source) and energy efficiency improvements. Applicable Sectors: Agriculture, rural small commercial Amount: Varies. The grant may not exceed 25% of the cost of a project, and a com- bined grant and loan or guarantee may not exceed 50% of the cost of a project. Terns: 2003 — 2007 Date Enacted: 2002 Authority: Farm Bill, Title IX, Section 9006 Summary: Thus law allows direct financial assistance to harmers, ranchers, and rural small businesses for the purchase of wind power and other renewable energy sys- tems and for energy efficiency improve- ments. This program is authorized for funding for up to $23,000,000 per year in 2003-2007, totaling up to $115 mullion. In determining the amount of a grant or loan, USDA shall consider the type of renewable energy system, die quantity of energy likely to be generated, the expected environmen- tal benefits, the extent to which the system is rep.licable, and die amount of energy savings from energy efficiency improve- ments mid die likely payback period. USDA Rural Development State Office contacts can be found at www.rurdev. tisda.gov/rbs/fttrnibifl/conh,ets.htni USDA Farm Bill Web site: wwwsurdev, i.isda.gov/rbs/f,LrmL)iil/resour.c.hLrn Green Tag Purchase Program Mainstay Energy is a private company offering customers who install, or have installed, renewable energy .systems the opportunity to sell the green tags (also known as renewable energy credits, or RECs) associated with the energy gener- ated by these systems. These green tags will be brought to market as Green-e' http: / /wway.greei..-e.org or state certified products. f �uticipating customers receive regathar, recurring payments through the Mainstay Energy Rewards Program. -5 ,0 The .anhoumt of the payments depends on the size of the wind installation, the pro- duction of electricity by that system, and the length of the contract period. Mainstay offers 3 , 5-, and 10-year purchase con- tracb. The longer contract periods provide greater incentive payments on a $/kWh basis. Typical payments for wind, which are made quarterly, range from 0.20 / kWh to 1.5t/kWh. There is a $100 certification fee to get started wide Mainstay Rewards. However, the fee may be paid with future green tag sales, and is generally waived for partici- pants who opt for 10-year contacts. The requirements are: 1. The system must be grid -connected; 2. Net -metering by the utility does not restrict the system owner from selling the green tags; 3. The system owner .must have title to the green tags or renewable energy credits. They cannot have been sold or transferred to any other entity; 4. The system must be a new renewable, which, in most states, means pow- ered up on or after 1 / 1 / 1999. See the Mainstay Energy web site for exceptions; 5. For any systems over 10 kW, the system generation must be metered separately. For systems under 10 kW, separate metering is not necessary. Payments are made based on estimated production. Contact. Mainstay Rewards Program Mainstay Energy 161 E. Chicago Ave. Suite 418 Chicago, II.60611-2624 Phone: (877) 473-3682 Fax: (312) 896-1515 E-Mail: info(§aanainstayeneugy.com Web site: littp://mainstayenergy.com Incentives for Small Wind in the United States For a comprehensive overview of the incentives for small wind State Incentives for Renewabies and Efficiency) Web site at ww, 54 U.S. Department of Energy Wind Energy Program www.eere.energygov/windandhydro/ Wind Powering America www.windpoweringametica.gov MIND Ala` O ....,...., . ��„- I N."r A Strong Energy Portfolio for a Strong America Energy efficiency and clean, renewable energy will mean a stronger economy, a cleaner environment, and greater energy independence for America. Working with a wide array of state, community, industry, and university partners, the U.S. Department of Energy% Office of Energy Efficiency and Renewable Energy Invests In a diverse portfolio of energy technologies. Produced for the U.S. Department of Energy by the For more information contact. National Renewable Energy Laboratory, EERE Information Center a DOE national laboratory t-877-EERE-INF (1-877-337-3463) DOE/GO-1 02007-2465 • August 2007 www.eere.energygov Printed with a renewable -source ink on paper containing at least 60% wastepaper, including 20% postconsumer waste r. C--.. �-3 Sponsored by: Staff CITY OF SEWARD, ALASKA 6. PLANNING AND ZONING COO MISSION RESOLUTION 2010-13 A RESOLUTION OF THE SEWARD PLANNING ANO ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING ADDING SECTION 15.10.245 WIND ENERGY CONVERSION SYSTEMS (WECS) TO THE SEWARD CITY CODE ESTABLISHING A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY CONVERSION SYSTEMS(WECS) AS PERMITTED ECONDARY USES AND AMENDING SEWARD CITY CODE TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW WECS IN THE RR; R1, R2, R3; UR, OR, AC, KC, CB, I, RM, INS AND P ZONING DISTRICTS WHEREAS, following a. planning and Zoning work session on the subject of Wind Energy Conversion Systems (WECS) the Commission requested an addition and amendment be made to the Zoning Code; and WHEREAS, this ordinance does not establish interconnection re policies or procedures to allow WECS to connect to the Seward Electric Utility power grid; and Utility power WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2010 attached and incorporated herein by reference, 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 71 day of September, 2010. THE ITY OF SE , AI,ASKA 1 Sandie Roach', Chair Seward Planning & Zoning Commission Resolution 2010-13 Page 2 of 2 AYES: DeMarco, Heinrich, Ecklund, Roach' NOES: None ABSENT: Morgan ABSTAIN: None VACANT: Two '��. •'•�•� or.$E��i��. ATTEST: ••'�` EGG t • SEAL, Je Le- ns I C C Clerk •••.•�Jjq f`p$��•: �•-- OF AV .•� City Seal J J City of Seward, Alaska Planning Commission Mimites September 7, 2010 Yohi me b, page 0 8 Notice of public hearing being posted and published as required by law was noted and the public hearing for Resolution 2010-11 was opened. Mary Staab, inside City Limits, explained that per City Code an adjoining lot they owned was not suitable for a garage construction because a lot line separating the two properties would need to be vacated. The cost for the lot line vacation would have been more than $2,000. Staab requested that the code be changed to allow accessory buildings to be built on adjacent lots. David Squires, inside City Limits, asked that the proposed resolution be approved. He explained how he would like to expand a greenhouse on an adjacent lot of his residence. No one else requested to be heard and the public hearing was closed. Motion (Ecklund/DeMarco) Approve Resolution 2010-11 Roach' explained that larger parcels are accessed at lower values per square foot than smaller lots. It would help to maintain values if adjacent lots could be developed without vacating lot lines and creating larger parcels. Heinrich stated he did have concerns that lots with accessory structures that are later sold will have code compliance issues. Commissioners fiurther discussed accessory buildings and accessory uses. Motion Passed Yes: Heinrich, Ecklund, Roach' No: DeMarco New Business Items requiring a Public Hearing Resolution 2010-12 of the Seward Planning and Zoning Commission, Recommending City Council Amend Various Portions of Title 15.20 Signs of the Seward City Code Terry explained that several work sessions were held on this topic. Staff, public and Commissioners made several suggestions for the proposed code update. The items that were agreed upon were included in the proposed ordinance. There did not appear to be any consensus on signage exceeding the roofline in the Historic District, and signs advertising home occupations. Notice of public hearing being posted and published as required by law was noted and the public hearing for Resolution 2010-12 was opened. Fire Chief Dave Squires asked whether the proposed advertising of home occupations would include bed and breakfast operations. No one else requested to be heard and the public hearing was closed. P Q vk j City of Seww-d, Alaska Planning Commission Minutes September 7, 2010 Volume 6, page4 0 9 The Commission discussed home occupation signage. Motion (Ecklund/Heinrich) Motion (Roach'/Heinrich) Motion Passed Motion (Roach'/Ecklund) Motion Passed Main Motion Passed As Amended Approve Resolution 2010-11 Amend proposed Ordinance, Section 1, 15.20.30 Signs Allowed Without Permits, R, striking "bubble machines." Unanimous Amend proposed Ordinance, Section 1, 15.20.035 Prohibited Signs, H, striking "on a building.) New Business Items requiring a Public Hearing Unanimous Unanimous Resolution 2010-13 of the Seward Planning and Zoning Commission, Recommending Adding Section 15.10.245 Wind Energy Conversion Systems (WECS) to the Seward City Code establishing a process and standards for the 00 siting, construction, and operation of Wind Energy Conversion Systems (WECS) as permitted secondary uses and amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 to allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts Terry noted the Commission had discussed proposed Wind Energy Conversion System for approximately two years. Terry also stated the proposed ordinance would not allow the conversion systems to interconnect to the electric utility grid. In response to questions generated at the WEC work session, Terry stated inspectors would be available to perform required inspections. Additionally, there was no indication that property values would be affected by the addition of wind energy systems. Terry also explained the formula that was included in the Ordinance to help calculate noise levels of a wind energy system before installation. The height of the towers would be restricted by the size of the lot, given the setback requirements. Ecklund stated she appreciated the work that had gone into creating a method to review and allow wind energy systems. Heinrich stated the proposed regulations will help with orderly development. Heinrich asked if the City of Seward electric utility was required to provide interconnection for wind energy systems. M City ofSeww-d, Alaska Planning Commission Minutes September 7, 2010 Volume 6, page 410 Terry stated the utility is not required to adopt the rules of the Regulatory Commission of Alaska. The utility was moving forward to allow interconnection, but the City of Seward was not required to allow interconnection, she said. Heinrich stated he believed the proposed regulations to allow wind energy systems would be Iess viable if the developers were not allowed to feed electricity back into the power grid. Notice of public hearing being posted and published as required by law was noted and the public hearing for Resolution 2010-13 was opened. No one requested to be heard and the public hearing was closed. Motion (Heinrich /Ecklund) Approve Resolution 2010-13 Roach stated several rooftop wind energy turbines may be required for a residence or business to produce adequate electricity. An engineer may need to determine, in those cases, whether a structure could adequately support multiple units. Terry noted the additional noise with multiple rooftop units would require changes in how the noise levels would be measured. As proposed, the ordinance did not allow for more than one unit per lot. j Motion Passed Unanimous Unfinished Business — None New Business -- Setting the September 21, 2010 Work Session Topic Terry noted that several hours of work had been devoted to updating Title 15 of the City Code. She suggested that further work on the Land Uses Allowed Table be the topic for the session. Commissioners reached a general consensus that the Development Requirements Table and Land Uses Allowed Table were to be the topic of the September 21, 2010 work session. Informational Items and Reports (No action required) Alaska Railroad Corporation Newsletter Camping Letter to Red's Burgers Vehicles in Public Right -of -Way Letter to William B. Morrell IM] Sponsored by: Planning and Zoning Commission Introduction Date: September 27, 2010 Public Hearing Date: October 11, 2010 Enactment: October 11, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 15.10.140 DEFINITIONS TO ALLOW ACCESSORY BUILDINGS ON ADJACENT LOTS OF THE PRINCIPAL BUILDING OR USE SERVED WHEREAS, members of the public have requested a code change to allow for the construction of single-family residential accessory structures on an adjacent lot; and WHEREAS, the current code does not allow for the construction of accessory buildings on an adjacent lot without first replatting the parcels, but SCC 12.01.030 allows single-family residences to be constructed across platted property lines; and WHEREAS, allowing the construction of accessory buildings on adjacent lots under the same ownership may promote additional orderly development in Seward by removing a barrier for both residential and commercial improvement; and WHEREAS, allowing the construction of accessory buildings on adjacent lots may provide additional benefit for the general welfare of Seward's residents; and WHEREAS, following newspaper publication for two weeks and written notice displayed in three public places, the Planning and Zoning Commission held a public hearing at its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning Code amendment; and WHEREAS, the draft minutes and public records of the Planning and Zoning Commission proceedings will be provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: Seward City Code 15.10.140. — Definitions is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (b) Specific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessory building. A detached structure that: ..6 1 CITY OF SEWARD ORDINANCE 2010-005 (1) Is clearly incidental to and customarily found in connection with a principal building or use; (2) Is subordinate to and serves a principal building or use; (3) Is subordinate in area, extent or purpose to the principal building or use served; (4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and (5) Is located on the same or adjacent lot under the same ownershiu as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid - mounted or other moveable structures. Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this I I" day of October 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 621 Council Agenda Statement Meeting Date: September 27, 2010 Through: City Manager Phillip Oates From: Community Development Director Christy Terry Agenda Item: Allowing accessory Buildings on Adjacent lots 'RUMOMP, BACKGROUND AND JUSTIFICATION: Members of the public have requested a code change to allow for the construction of single-family accessory structures on an adjacent lot. Seward City Code (SSC) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the Council amends or repeals any land use regulations, or changes zoning or land use boundaries. Administration supports and recommends the following code change (Strikethroughs = deletions and are bold, Underline = additions and are bold): Seward City Code 15.10.140. — Definitions (b) Specific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessory building. A detached structure that: (1 ) Is clearly incidental to and customarily found in connection with a principal building or use; (2) Is subordinate to and serves a principal building or use; (3) Is subordinate in area, extent or purpose to the principal building or use served; (4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and (5) Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. This code change would continue to subject accessory buildings to the development requirements in the Seward City Code, but would remove the necessity for the property owner to vacate an interior lot line before constructing an accessory building on an adjacent lot under their ownership. Some examples of Seward Code requirements that would continue to be reviewed for compliance are: setbacks; use; allowed only in conjunction with a primary structure and use; building codes; fire codes; and height restrictions. 63 Allowing the construction of accessory buildings on an adjacent lot under the same ownership may promote additional orderly development in Seward by removing a financial and process barrier for both residential and commercial improvement. The construction of accessory buildings on an adjacent lot may provide additional benefit for the general welfare of Seward's residents. Property values could potentially rise with additional development and businesses might be encouraged to expand their facilities. Basic research of other municipal codes across the nation shows a mix of community codes. I was unable to discover a clear preference nationally for either the practice currently required in our code vs. the option before you tonight. Locally, Anchorage and other Kenai Peninsula Borough Communities that have adopted a Zoning Code only allow accessory buildings on the same lot as the principle building or use served. INTENT: This Ordinance will allow for the construction of accessory buildings on an adjacent lot under the same ownership. 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. FISCAL NOTE: None. ,r�//� ��^ Approved by Finance Department: JX �'' Tar ATTORNEY REVIEW: YES X No RECOMMENDATION: Council enact Ordinance 2010-5 , to allow accessory buildings on adjacent lots of the principal building or use served. 64 Sponsored by: Planning and Zoning Commission 6w CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2010-11 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCIL AMEND SEWARD CITY CODE §15.10.140 DEFINITIONS, ACCESSORY BUILDINGS TO ALLOW ACCESSORY BUILDINGS ON ADJACENT LOTS OF THE PRINCIPAL BUILDING OR USE SERVED WHEREAS, members of the public have requested a code change to allow for the construction of single-family accessory structures on an adjacent lot; and WHEREAS, allowing the construction of accessory buildings on adjacent lots under the same otters* may promote additional orderly development in Seward by removing a barrier for both residential and commercial improvement; and WHEREAS, the public notification process has been complied with. L NOW, THEREFORE, BE IT RESOLVED by the Seward and Planning Zoning Commission that: Section 1. The Commission recommends Ordinance 2010-_, attached and incorporated herein by reference, 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 7' day of September, 2010. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: DeMarco, Heinrich, Ecklund, Roach, NOES: None ABSENT: Morgan ABSTAIN: None VACANT: Two . 5 Seward Planning and Zoning Cot•mission Resolution 2010-11 Page 2 of 2 ATTEST: Lewis, M ��••' -or. se --*, Clerk �. .04�'°��t9 (City Seal) to SEAL • I ( 0- OF A1►p •w' J J i City of Seward, Alaska Planning Commission Minutes September 7, 2010 Volume 6, page 07 Mary .Bailey, inside City Limits, told Commissioners she had concerns about how closely the RV park would be regulated for camping duration. Bailey stated she believed the driveway into the proposed camping area was not wide enough for large vehicles. No one else requested to be heard and the public hearing was closed. Motion (Heinrich /Eeklund) Approve Resolution 2010-10 In response to Commission questions, Seward Fire Chief David Squires stated the driveway met City requirements. A second driveway to the property would not be required. Motion (Heinrich/Ecklund) Motion Passed Motion (Roach'/Heinrich) Motion Failed Main Motion Passed As Amended Amending Resolution 2010-10, Section 6 inserting a new Condition No. 4 to read: A minimum 10 foot no parking buffer shall be maintained along both sides of Scheffler Creek. Unanimous Amending Resolution 2010-10 to add a second condition requiring the installation of screen fencing. Yes: Roach' No: Heinrich, Ecklund, DeMarco Unanimous New Business Items requiring a Public Hearing Resolution 2010-11 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending amending Seward City Code Title 15 Wk Section 15.1.0.140 Definitions to allow accessory buildings on adjacent lots of the principal building or use served Terry explained that the Zoning Code did not allow accessory structures on a lot other than the same lot with a primary structure. If approved, all of the building codes and development requirements would continue to be observed. The City attorney had reviewed the proposed ordinance. In response to Commissioner Ecklund, Terry stated the reason for allowing accessory structures on adjacent lots had to do with the larger zoning issue of lots with an accessory structure being sold, leaving non -conforming buildings. Commissioners further discussed the issues related to allowing accessory buildings to be built on separate lots. 67 Sponsored by: Oates Introduction Date: September 27, 2010 Public Hearing Date: October 11, 2010 Enactment: October 11, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §2.25.130 AND 2.25.135 ADDING OPERATION AND MAINTENANCE OF THE SEWARD MUSEUM TO THE LIBRARY DEPARTMENT OF THE CITY OF SEWARD AND RENAMING THE DEPARTMENT THE LIBRARY MUSEUM DEPARTMENT WHEREAS, the City of Seward has supported the Resurrection Bay Historical Society (RBHS) and its efforts to develop the Seward Museum in -kind and fiscally since 1965; and WHEREAS, the community passed a bond in 1987 to renovate the former post office building to house the Senior Center, Seward Museum and a community center; and WHEREAS, the Seward Museum, as part of the Seward Community Center, operates under a Joint Management Agreement with the City of Seward since 1989; and WHEREAS, the City of Seward has contributed an annual stipend to the Seward Museum varying between $1000 and $5000; and WHEREAS, the library department was created in 1988 and the Seward Community Library Association may serve as an advisory body to the director; and WHEREAS, the RBHS wishes to continue its support of the programs and services of the Seward Museum and may serve as an advisory body to the museum curator and the library museum director; and WHEREAS, the City of Seward, the Seward Community Library Museum Building Committee have been working on a plan to build a new collocated facility for the library and the museum since 2003 with a target opening date of August 12, 2012; and WHEREAS, Changing the Library Department to the Library Museum Department ensures the future of the Seward Museum and is the next step toward implementing the plan to build and operate the Seward Community Library Museum as outlined in the project's business plan. 6- CITY OF SEWARD, ALASKA ORDINANCE 2010-006 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Title §2.25.130, entitled Library department established, is hereby amended to read as follows: 2.25.130. Library museum department --Established. There is established the city library museum department. The principal officer shall be the library museum director, who shall fulfill the duties and have the responsibilities as set forth in the employee's job description and who shall be subject to the direction and supervision of the city manager. (Ord. 603, § 1, 1988; Ord. 96-07) Section 2. Seward City Code Title §2.25.135, entitled Library department --Powers and duties, is hereby amended to read as follows: 2.25.135. Library museum department --Powers and duties. The library museum department shall: (1) Assemble, preserve and administer, in organized collections, books and related educational and recreational material in order to promote the communication of ideas and enrich the personal lives of residents of the City of Seward; (2) Collect, preserve and make accessible materials relating to the history of Seward, the Resurrection Bay area and the eastern Kenai Peninsula of the State of Alaska (3) Organize library and museum related programs for residents of the City of Seward; (4) Consult with the Seward Community Library Association, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the library director and the city council on matters of interest to the community with respect to the operation of the city library and its programs; (S) Consult with the Resurrection Bay Historical Society, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the library museum director and the city council on matters of interest to the community with respect to the operation of the city museum and its programs (6) Manage, operate and maintain the city's library museum facilities and programs, including materials and collections. (Ord. 603, § 1, 1988; Ord. 96-07) Section 3. This ordinance shall take effect ten 10 days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 11 th day of October, 2010. 613 Meeting Date: To: Through: From: Agenda Item: Council Agenda Statement September 27, 2010 Honorable Mayor and Council Phillip Oates, City Manager Patricia Linville, Library Director An ordinance Amending Seward City Codes adding Operation and Maintenance of the Seward Museum to the Library Department and renaming the department the Library museum department Attached for Council's review and adoption is Ordinance 2010- CO amending the Seward City Code Section §2.25,130 and §2.25.135 changing Library Department to Library Museum Department throughout and adding paragraph (2) of §2.25.135 providing for the care and maintenance of the museum collection and adding paragraph (5) of §2.25.135 providing for the Resurrection Bay Historical Society to act as advisory body to the Library Museum Director on museum related matters of interest to the community. The City of Seward has supported the Resurrection Bay Historical Society (RBHS) and its efforts to develop the Seward Museum in -kind and fiscally since 1965. The City agreed to renovate an earthquake damaged building on Third and Railway known as the Peel House for the RBHS. When that project was deemed too expensive, the basement of City Hall was offered as a place to display artifacts. No rent or utilities were charged for the use, RBHS paid all other costs. When the post office moved to a new location the City proposed to the Senior Center and Historical Society that the vacated building be turned into a Senior Center/Museum/Community Center. Both groups agreed to the proposal. A bond issue to pay for the building and its remodeling was passed in 1987. The facility was ready for occupancy in 1989. Currently, the Seward Museum, as part of the Seward Community Center, has operated in the street level floor of that building under a Joint Management Agreement with the City of Seward. The City has contributed an annual stipend to the Seward Museum for several years, varying between $1000 and $5000. The Library Department of the City of Seward was created in 1988. The Seward Community Library Association (SCLA) exchanged the current library building and other assets with the agreement that the City of Seward would own, operate and maintain the library as a department of the City. The SCLA became the advisory body for the library. The Resurrection Bay Historical Society seeks a similar arrangement as outlined in a Memorandum of Understanding between the RBHS and the City of Seward. With the passage of this ordinance the Library Department will become the Library Museum Department. Lee Poleske, long-time volunteer curator of the Seward Museum will relinquish his 70 position on January 1, 2011. In order for the City to properly maintain and operate the Seward Museum it will be necessary to hire a full time employee tasked with those duties. Additionally, a professional curator will be essential to successful opening and operation of the new facility. This position was described and proposed in the business plan for the Seward Community Library Museum that was given to Council in November 2008 and discussed again at Council work session on June 29, 2010. $73820.48 is the total estimated cost to operate and staff the Seward Museum as is currently operated. 2009 revenues received by the Seward Museum totaled $21647.72 and expenses were $17863.52. The library museum aide position that has been funded by the City since 2008 is part of that estimate. ($7902.96) Therefore, the estimated increase in the current library budget to operate the Seward Museum is $44,269.80. These staffing costs are included in the future estimated costs of the library museum that were discussed most recently with Council on June 29, 2010. Changing the Library Department to the Library Museum Department ensures the future of the Seward Museum and is the next step toward implementing the plan to build and operate the Seward Community Library Museum as outlined in the project's business plan. INTENT: The intent of this amendment is to change the Library Department to Library Museum Department and adding paragraph (2) of §2.25.135 providing for the care and maintenance of the museum collection and amend the Seward City Code to add paragraph (5) of §2.25.135 providing for the Resurrection Bay Historical Society to act as advisory body to the Library Museum Director on museum related matters of interest to the community. This change will enable the Library Museum Director, under the management of the City Manager, to direct the operation and maintenance of the Seward Museum with the Resurrection Bay Historical Society as advisory body. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: $73820.48 is the total estimated cost to operate and staff the Seward Museum as is currently operated. The library museum aide position that has been funded by the City since 2008 is part of that estimate. 2009 revenues received by the Seward Museum totaled $21647.72. Therefore, the estimated increase in the library budget to operate the Seward Museum is $44,269.80. These staffing costs were included in the future estimated costs of the library museum that were discussed most recently with Council on June 29, 2010. The 2011 budget will be amended to reflect the change. Approved by Finance Department: 7 1 RECOMMENDATIOIr.- r-- N AC-r City Council appre4Ordinance 2010- 49amending the Seward City Code Section §2.25.130 and §2.25.135 changing Library Department to Library Museum Department throughout and adding paragraph (2) of §2.25.135 providing for the care and maintenance of the museum collection and adding paragraph (5) of §2.25.135 providing for the Resurrection Bay Historical Society to act as advisory body to the Library Museum Director on museum related matters of interest to the community. r- 2 Comparison of 2003 and 2009 Seward Community library Budget, Staff, Services, Programs and Use i 2003 2008 Budget Personnel $193,857 Personnel $261,051 Non -personnel $81,982 Non -personnel $103,381 Total $275,839 Total $364,433 Full Time Employees 4.15 (3 ft & 2 pt) 4.5 (4 ft & 1 pt) Volumes 30198 31457 Circulation 51266 70811 Visits 54858 87860 Computer Use 13004 11227 % hr sessions 7000 wireless (estimated) Hours Open annually 2704 (6 days) days) y One Notary on staff Services @Notary available all open hours Interlibrary Loan @Interlibrary Loan 4 Public Computers, 1 child's *@ 4 Public Adult Computers Library Services for SCCC *@ 2 Young Adult Computers Faxing *@ 1 Children's computer Copying *@ Library Services for SCCC Test proctoring @Wireless $ Passport Acceptance Agent @ Part time museum staffing @ Historic Preservation Liaison Test Proctoring $ On-line Traffic School Testing $ Faxing $ Copying * Digital Archives *@ Audio and E-book Book Download @ E-books for Children/YA * Catalog available on-line Play and Chat Partnership Programs Summer Reading *@ Summer Reading Preschool Story Hour Preschool Story Hour Day Care Story Basket Day Care Sto Museum Curator Range: 17A Salary: Department: Library & Museum Approved by: Reports to: Library/Museum Director Date: Supervises: Museum Assistants, Volunteers, and Interns Position: Regular, Full -Time, Exempt Summary: Plans and administers the museum program including: muse_ttn" collection maxtagement, exhibit design, research, and installation, operations, museum budget nagemerit, loner range planning, supervision and training of museum assistant, intern, and -volunteers:. Essential Duties and Responsibilities: • Identifies, acquires, catalogs and mailitams documentation of historical objects, fine art, historical photographs, and archival collectio s belouging to the City of Seward, Resurrection Bay Historical Society and the Seward Lib"vary Association for public use. • Researches and maintains documentation on local -history and culture. • Provides preventative preservation through monitoring environmental controls and insuring the use of museum -best practices materials and techniques. • Researches, designs, maintains, updates and installs museum and library exhibits. Writes and installs interpretive s gnage'aud labels. • Monitors the maintenance of the museum to ensure safe and efficient use of the facility • Monitors the security of the collections and the exhibits to protect from damage or theft. • Collaborates_,on the unplementation of museum programs and activities. Coordinates with Library%1Vluseum Director to achieve long range goals, meet programming goals, and'set museum schedules and open hours. • Contributes to regular eports for the Resurrection Bay Historical Society, and city administration, concerning museum use, activities and needs. • `�RecoAmends and implements policies and procedures for the Museum with consideration of input from the RBHS. • Uses-pput from community interest and user groups to develop long range planning and assess museum service needs for the area. Received: Approved: Employee: Dept Head Personnel City Manager. 74 • Identifies sources of alternative funding through researching grant opportunities, writing proposals and administering funding awards. • Works with the Resurrection Bay Historical Society on community fund raising and/or grant proposals. • Plans for and coordinates training for support staff in museum related subjects. • Provides research and informational assistance to other city departments, businesses and associations when requested. • Maintains positive working relationship with educational institutions, cultural and recreational organizations and agencies on local, state and national levels. • Keeps museum skills up to date and maintains awareness of"current and emerging technology through professional publications and organization conferences "-.Maintains a strong knowledge of current and emerging museum trends and'; professional technical operations and ethics. • Performs other duties as assigned. Supervisory Responsibilities: Directly supervises the museum assistant, intern ,and volunteers Responsibilities include training employees and volunteers; planning, assigiung and directug work; and appraising performance. Supervisory experience in a muse environment is);desirable. Education and/or Experience: Bachelor's Degree in Museum Studies or directly related field from an accredited institution. Two years related experience plus -two years professionaYmuseum experience overseeing general operations including museum collection management and exhibit develop. Supervisory experience and strong interpersonal "relationship skills are necessary. A Master's Degree in Museum Studies may be substituted for two years of related experience and the BA degree. Other Skills and Abilities: Sound knowledge of the principles and practices of professional museum programming and operation including theories, principles and objectives, collection management, exhibit development, conservation, ethics, and relationship between the museum, public, state and local government and other institutions. Ability to use and explain museum resources, services and policies; meet and work with the public; speak and write clearly and effectively; prepare clear and concise reports; gather and analyze data; reason logically and accurately and draw valid conclusions; develop, review, and learn operating.policies and procedures; convey information, orally and in writing, to a variety of individuals in simple, understandable, and precise terms. Library/Museum Project - Funding Alternatives Annual Oneratine Costs: 2013 Projected Library/Museum costs per Business Plan 505517 Plus additional personnel costs understimated 63924 Plus utilities, heating, janitorial costs 90750 Plus maintenance and repair 0 Estimated annual operating costs $ 660,191 2010 Library budget $ 399,363 Estimated additional annual operating costs $ 260,828 rAnnual,Ca ital Costs: : $15M, 20 yrs, 6% $ 129,787: $2.5M, 20 yrs, 6% $ 216,312: $5M, 20 yrs, 6% $ 432,624 Estimated total additional annual costs (operating & capital): New operating costs plus $1.5M bond $ 390,6515 New operating costs plus $2.5M bond $ 477,140 New operating costs plus $5M bond $ 693,452 Potential Revenue Sources: Property tax - 1 mill property tax ($200/yr. per $200K home) 300,000 Sales tax - 1.0% $ 900,000 Mill Sales Tax Equivalent (a) Equivalent (b) 0.95 0.29 0.43 0.14 0.72 0.24 1.44 0.48 1.30 0.43 1.59 0.53 2.31 0.77 1.00 0.33 3.00 1.00 (a) Mill equivalent reflects how much the mill rate would need to increase to cover these costs. One mill equates to $200 per year on a home valued at $200,000. 1.59 mills (for example), equates to $318 per year on a home valued at $200,000. (b) Sales tax equivalent reflects how much of a percent the sales tax rate would need to increase to cover these costs. For example, to cover the $477,140 additional annual operating & capital costs resulting from a $2.5M bond, the sales tax rate would need to increase by 0.53%. Mission The Seward Museum collects preserves and makes accessible to the public materials relating to Seward, The Resurrection Bay Area and the eastern Kenai Peninsula of Alaska List of Services • Helps people with genealogical research • Helps people research historical businesses and people • Collect and maintains over 2700 obituary files of Seward Residents • Provides educational tours for youth groups and schools around the state • Hosts educational programs open to the public • Maintains the Seward Centennial Time Capsule, opened every ten years and updated • Offers conservation advice • Offers an annual Seward Cemetery walking tour • Offers a slide show program on the history of Seward and the Historic Iditarod Trail upon request • Offers a walking tour of Seward upon request • Offers historical videos and books for viewing and sale • Creates Bits of History videos that are uploaded to Seward City News • Celebrates Founders' Day on August 28th • Works with the Iditarod Trail Blazers in promoting and preserving the Iditarod Historic Trail • Participates in the Iditarod Trail Centennial for 2008-2012 • Provides assistance to the Historic Preservation Commission when requested • Serves as an outlet for Iditarod Trail Blazer merchandise and as a vendor of the Seward Centennial video • Host an open house for the Christmas Train and the Polar Plunge • Hosts a Christmas open house on the second Sunday in December • Serves as a general tourist information center • Hosts and attends Kenai Historical Association meetings r Page 8 Thursday, Oc(oberg, 1997 The Seward Phoenix LOG SEWARD MAYOR Seward Seward 1 2 Don Cripps 108 61 'JHarry �'` Gieseler 179 73 Dennis Scholl 76 41 —7 Qo 5 Total' 191 286 SEWARD CITY COUNCJL 135 (3 seats) Seward Seward 1 2 W.C. Casey 100 51 Walter Christolear 138 62 David Hilto 219 131 Michael Meeh 238 107 _ Patrick l O°Brien / 177 75 �-Theo&ore White 60 10 `Total is the number of votes in Seward Precincts 1 and 2, questioned' and absentee ballots. DONALD CRIPPS Total' PROPOSITION 1 177 $405,000 General Obligation Bond Senior/Community Center/Museum 226 Seward Seward 1 2 Total" 401 Yes 250 132 440 393 110 45 172 PROPOSITION 2 286 S2.1 Million General Obligation Bond North Bulkhead Cargo Dock 79 Seward Seward 1 2 Total' Yes 190 97 328 N0 165 79 278 S=-:.:are The Seward Phoenix LOG Thursday, September 17, 1987 Page 3 Guest Commentary: Vote "Yes" on Proposition No. 1 by Lee Poleske ;_4 ti)$r� putting items now in storage on view. Better �l LOG Contributor fire protection and humidity and temperature controls (Editor's Note: The following Guest Commentary would provide a safer environment for the items in the museum, ancr combined with the larger size would —, was submitted by Seward Historical Society member provide both room and the proper facilities for traveling Lee Poleske. The LOG welcomes opposing views. on Proposition 1 or 2 for publication in upcoming issues.) exhibits from the State Museum which the present museum can not house. The new facility would also be. Approval by the.voters of Proposition No. 1 in the ideal for regional and state historical meetings, such as October 6th city election would providefunds for the the annual State Historical Society meeting. The. new remodeling of an existing building into a senior citizen/- facility would also allow the Historical Society to stage community center and museum. more and better community events such as the suc- The Resurrection Bay Historical Society which cessful "Iditarod Day Open House" held last year. operates the local museum, now located in the basement Museums have three basic functions: to collect, to of City Hall, supports approval of Proposition No. 1. preserve and to educate. The proposed senior While the current museum has many visitors, over 5,000 citizen/community center and museum would allow the this last summer, and receives many favorable commen- Historical Society to perform all three of these functions ts, a new and enlarged facility would provide better ser- better. Because our current space is limited, we are vice to visitors and townspeople alike. reluctant to accept new donations and many interesting A major problem with the current museum is that it items have to be left in storage, current lack of proper is accessible only by a steep and narrow stairway. There environmental controls threatens the items we are trying is no access to the museum for the handicapped and to preserve and again because of limited space many moving large cases or items into the museum is difficult aspects of the history of the Seward area are not covered or impossible. A new museum would provide ac- by the museum, limiting the educational value of the cessibility to the elderly and the handicapped and cargo museum. doors would make it easier to move larger items into the Seward has had an interesting and colorful past and museun?. we should do our best to collect and preserve that past The larger size of the proposed new museum would for future generations. 'he historical Society asks you allow us to expand current exhibits and add new to vote yes on Proposition No. 1. CLri—OW I �� it [(0:Xffflcecated at Mile 3Sewara Hwy., cross from City Express exams, vaccinations Mon Thurs. evenings. HOW IS THE TIME to order your personalized rr kK IQ `4Z a1; Christmas Cards. See our complete r` Il 1� I selection. 1() l Order before October 1 & Save 10%! tl 3 4 books to choose from v 8 1.1 The Print Shop 300 4th Av, Adams side Behind Horizons Travel 224.5623 whitens Construction & door Covering . New Construction & Remodeling specialities - Kitchen, (lath & Floor Covering . call Robert D. White General Contractor A14574 224-3617 JOINT MANAGEMENT AGREEMENT THIS AGREEMENT is between the CITY OF SEWARD, a Home Rule Municipality of Alaska ("City") and SEWARD SENIOR CITIZENS, INC., a non-profit Alaska corporation ("Seniors', and the RESURRECTION BAY HISTORICAL SOCIETY, INC., a non-profit Alaska corporation ("Museum"). 1. PROPERTY COVERED BY THIS AGREEMENT. The Seniors and Museum agree to manage the property formerly known as the "old Post Office" and further described as follows: THE NORTH TWENTY (20) FEET OF LOT THIRTY-SIX (36) AND ALL OF LOTS THIRTY-SEVEN (37), THIRTY-EIGHT (38) AND THIRTY- NINE (39), BLOCK FIFTEEN (15), ORIGINAL TOWNSITE OF SEWARD, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN THE SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. For purposes of this Agreement, the land described above is referred to as "the premises," and the improvements located thereon are sometimes referred to as "the building." ,. (a) Portion of the Building Managed by Seniors. The Seniors shall be solely responsible for the operation and management of that portion of the building consisting of all the ground floor, all the top floor, and that portion of the second floor outlined in RED on the attached Exhibit A, which is incorporated herein by reference. (b) Portion of the Building Managem d by Museum. The Museum shall be solely responsible for the operation and management of that portion of the second floor qutlined iii GREEN on the attached Exhibit B, which is incorporated herein by reference. 2. TERM OF THIS AGREEMENT. (a) Term The term of this Agreement shall commence on the fifteenth day of January, 1992, and shall continue for a period of two (2) years, until the fourteenth day of January, 1994, and thereafter shall continue from year to year for a period NOT TO EXCEED three (3) additional years, unless terminated in writing by one of the parties hereto. (b) Manaeemen!fteration of Civic Programs. The Seniors and the Museum shall operate and manage programs and activities for the benefit of the public, including senior citizens and others. Both the Seniors and the Museum shall be' entitled to use the building for those activities with a minimum of restrictions, it being the intent of this Agreement to recognise that the Seniors and the Museum are uniquely qualified to assess and implement civic and community activities, in their respective areas of expertise, which will benefit the community. The Seniors and the Museum may use the building and premises for activities reasonably incident to their primary activities, but shall not use the building or premises in any unlawful manner, or in a manner which would increase the existing rate of insurance of the City on either the premises or general liability insurance for activities of the Seniors or the Museum, or which will cause any waste or create any nuisance. Neither the Seniors nor the Museum will permit the building, or any part thereof, to be used for any business or use deemed by the City to be disreputable or extra -hazardous. It iL agreed that the City, or its agent, shall have the right, at all reasonable times, to enter upon the premises and inspect the same. CITY OF SEWARD, ALASKA JOIN"r MANAGEMENT AGREEMENT SENIOR CITIZENSlMUSEUMICOMMUNITY CENTER Upon expiration of this contract the Seniors and the Museum shall promptly and peacefully surrender the building to the City in as good a condition as received at Hit commencement of this Agreement, reasonable wear and tear alone excepted. (c) The Seniors shall allow for facility usage by public charitable and civic organizations and sponsors of special events wishing to utilize a section of the facility for meetings, receptions, classes and workshops. It shall be understood that such allowances for facility reservation and use shall not conflict with standard or special event scheduling of Senior activities. The Seniors may develop policies for reservation and facility use and set rates that would cover utility and janitorial costs. The reservation policies and rate structure, and any subsequent changes thereto, must be forwarded to and approved by the City Manager. It shall be understood that the rates shall be set to cover realistic costs, and not determined in a manner to gain profits. The "Community Center" designation of the facility must be maintained in the eyes of the Seward public. (d) The Museum may allow for facility usage by public charitable and civic organizations and sponsors of special events wishing to utilize a section of the facility for meetings, receptions, classes and wo&shops. It shall be understood that such allowances for faci lity reservation and use shall not conflict with standard or special event scheduling of Museum activities. The Museum may develop policies for reservation and facility use and set rates that would cover utility and janitorial costs. The reservation policies and rate structure, and any subsequent changes thereto, must be forwarded to and approved by the City Manager. It shall be understood that the rates shall be set to cover realistic costs, and not determined in a manner to gain profits. "rile "Community Center" designation of the facility must be maintained in the eyes of the Seward public. (e) The Museum may charge a reasonable entrance fee for individuals or groups to view its exhibits. 3. REPAIRS. (a) Major Repairs, The City agrees to make major mechanical repairs necessary to maintain the roof and exterior walls of the existing building in a structurally sound and water -tight condition and to replace and repair, as reasonably necessary, the exterior glass and windows. The City shall not be responsible for the cost and expense of repairing any damage caused by the willful or negligent act or omission of the Seniors or the Museum, their agents, members or customers, including improper securing of the building by closing all windows and doors. The City shall perform major mechanical repairs or replacements of the building heat and hot water system, elevator and all other major mechanical repairs, and shall be charged with routine inspection and maintenance of the heating, elevator and other major mechanical systems, such as oiling and greasing, filter changes and repairs, sometimes characterized as preventative maintenance. (b) Minor Repairs The Seniors and the Museum shall perfomr, the regular routine daily maintenance and repairs that can be accomplished by a day -man without special skills or training (for example, but without limitation to, the clearance of toilet stoppage, changing of water faucet washers, maintenance of electric light fixtures, bulbs, switch and outlet repair, painting and other routine maintenance). Page 2 E CITY Or SEWARD, ALASKA JOINT MANAGEMENT AGREEMENT SENIOR CITIZENS/MUSEUM/COMMUNITY CENTER (c) Conditions of Building at Start of this Agreement. Except as othernvise herein expressly provided, the Seniors and the Museum agree to keep and maintain the building in good and sufficient repair, order and condition, at the sole cost and expense of the Seniors and the Museum, and to deliver the building to the City in as good a state of repair and condition as Mier, first occupied by the Seniors and the Museum, reasonable wear and tear and damage by the elements, fire or other casualty excepted. The Seniors and the Museum have become familiar with the buiiding during the final states of its construction. and have inspected it. Except as may be specificallN, set forth in writing, signed by both parties prior to July 1, 1989, the Seniors and the Museum acknowledge that the building is in good condition and repair and agree not to do or suffer any waste or nuisance upon said building, or injure, overload or deface the same or any part thereof, ur permit the same, during or at the termination of this Agreement, to be injured, overloaded or defaced. 4. RE -MODELING AND DECORATING. The Seniors and the Museum, after, first securing the City's approval, may, at their own expense, make changes in office partitions, or may erect new partitions, or may install new lighting fixtures; provided that such partitioning, improvements or decorating does not require structural changes or injure the building, or interfere with the use and enjoyment of the building by others. The Seniors and the Museum shall not permit or allow any liens or other encumbrances to be placed against the above -described property or anv part thereof, and will at all times hold the City harmless against any expense or charges arising out of any construction, installation, improvement, alteration, redecoration or repair commenced or carried out at the request of the Seniors or the Museum. All changes, alterations, additions or repairs by either the Seniors or the Museum shall become the property of the City without liability on the City's Part to pay for the same; except, however, that any sinks, basins, plumbing, shelving, counters, mirrors, lighting fixtures, appliances or trade fixtures placed in the building by the Seniors or the Museum, which do not actually become a part of the building, may be removed from the building by the Seniors and the Museum at any time prior to the expiration or termination of this contract, provided that, in installing any such trade fixtures, shelving, counters, mirrors, lights or appliances, and in removing same, the Seniors and the Museum shall not structurally change or damago the building and, at the end of this contract or extension thereof, shall surrender the building in good condition and repair. 5. LPTILITMS. The Seniors and the Museum shall pay all costs of utility i services, including water, electric, sewer and telephone. The Seniors agree to pay two-thirds (7,13) of the total fuel, water and sewage costs to the building, and the Museum agrees to pay one-third (L3) of those costs. The Seniors and the Museum have entered into a utilities agreement in the fonn attached hereto as Exhibit C, and incorporated herein by reference. The Seniors and the Museum agree to each be responsible for separately metered electric charges and to each pay its own charges for telephone service. In the event of any doubt or dispute which cannot be amicably settled between the parties, then the parties shall resort to arbitration as hereinafter provided. Page 3 82 CITY OF SEWARD, ALASKA JOINT MANAGEMENT AGREEMENT SENIOR CITIZENS/MUSEUM/COMMUNITY CENTER 6. iANITORIAL It is understood and agreed between the parties hereto that; from and after July 1, 1989, the Seniors and the Museum, each individually, shall be solely responsible at their own cost and expense for contracting for, or provision of, all janitorial services within the building, and the City shall, from and after June 30, 1989, furnish no janitorial services or supplies to any part of the building, and any other agreement between the parties to the contrary is accordingly modified. The Seniors and the Museum agree that, between themselves, they will provide for complete janitorial services to the building, including window washing, floor cleaning and waxing, vacuuming, and restroom cleaning. The City shall provide snow removal andlor sanding on the parking areas adjacent to the building in a timely manner. The Seniors shall provide siloty removal on the sidewalks adjacent to the building. 7. DAMAGE OR DESTRUCTION OF MffROVF.MENTS. If the building on said premises shall be damaged by fire or other casualty, the City shall have the sole and unfettered option to repair the damage or terminate this Agreement. This discretion shall be absolute, even if the damage or destruction was caused by negligence of the City, its agents or employees, or otherwise without fault by the Seniors and the Museum. It is the present intent of the City to insure the building and premises for fire and other casualty, but the City shall be under no obligation to do so. The City is not required to expend any funds or proceeds or insurance on the building or premises for the purpose of reconstruction or repair, but may do so at its discretion. If the City determines to repair or replace said building so that the Seniors and the Museum may continue operation of programs therein, it may accomplish the repairs or reconstruction in any reasonable manner, and the City shall not be responsible to the Seniors and the Museum for any interruption or permanent elimination of activities or programs. The City may, but need not, pool funds received from insurance proceeds or other sources with funds raised by the Seniors and the Museum to accomplish repairs or reconstruction. If the discretionary repair or replacement of the building by the City leas not been completed within a period of 180 days from the date of damage or destruction, either the Seniors or the Museum may, at its option, terminate this entire contract, even as that termination may affect another party. Nothing in this provision shall relieve the Seniors and the Museum of ar.v responsibility or liability for a loss or destruction of the premises occasioned by any willful act, omission or negligence giving rise to damage or destruction of the premises. 8. CONDEMNATION. (a) If title to all of the premises subject to this Agreement is taken for any public or quasi -public use under any statute, or b_y right of eminent domain, or by private purchase in lieu of eminent domain, then this contract shall terminate on the date that possession of the premises is taken. (b) All compensation awarded or paid upon a total or partial taking of the fee title of the premises shall belong to the City; provided, however, that the City shall not be entitled to any award made to the Seniors and the Museum for loss of historical collections, art or fixtures. Page 4 S 1 CITY OF SEWARD, ALASKA JOINT ,MANAGEMENT AGREEMENT SENIOR CITIZENS/MUSEUM/COMMUNITY CENTER 9. LIABILITY INSURANCE AND INDEMNITY. It is the present intent of the City to obtain liability and fire and other casualty insurance on the building and premises. If, at their options, the Seniors and the Museum obtain additional coverages, they shall name the City as an additional Named Insured on any policies obtained by either on the premises subject to this Agreement, or for their operations thereon. The Seniors and the Museum agree to indemnify, defend and save the City harmless from all claims for injury or damage made by any person respecting the premises, except claims which arise from the City's negligence. 10. DEFAULT, CrI Y'S REMEDIES. (a) The City may give the Seniors and the Museum ten (10) days' notice of intention to terminate this Agreement in any of the following described circumstances: (1) if either the Seniors or the Museum shall be in default in the performance of any covenant of this Agreement, and if such default is not cured within ten (10) days after written notice thereof given by the City; or, if such default shall be of such nature that it cannot be cured completely within such ten (10) day period, if the Seniors and the Museum shall not have promptly commenced within such ten (10) day period or shall not thereafter proceed, with reasonable diligence and in good faith, to remedy such default; (2) if the Seniors or the Museum shall be adjudicated a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver or trustee in bankruptcy shall be appointed for the Seniors or the Museum property and such appointment is not vacated within ninety (90) days; (3) if the building or premises becomes vacant or deserted br• either the Seniors or the Museum for a period of ten (10) days; (4) if this Agreement shall be assigned by either the Seniors or the Museum for any reason; or (5) if either the Seniors or the Museum shall be in default in the payment of any utility or other charge of the City, including electric services and such default is not 1 cured within ten (10) business days after mailing of written notice thereof by the City. (b) If the City shall give ten (10) days' notice of termination as provided in sub -paragraph (a) above, then, at the expiration of such period, this Agreement shall terminate as completely as if that were the date herein definitely fixed for the expiration of the term of this Agreement, and the Seniors and the Museum shall then surrender the property to the City. If this Agreement shall so terminate, it shall be lawful for the City, at its option, without formal demand or notice of any kind, to re-enter the property by an unlawful detainer action or by any other means, including force, and to remove the Seniors and the Museum therefrom without being liable for any damages therefor. i I Page 5 64 CITY OF SEWARD, ALASKA JOINT MANAGEMENT AGREEMENT iSENIOR CITIZENS/MUSEUM/COMMUNITY CENTER (c) The Seniors and the Museum shall each remain liable for all its obligations under this Agreement, despite the City's re-entry, and the City may use the property as agent for the Seniors and the Museum, if the City so elects. The Seniors and the Museum waive any legal requirement for notice of intention to re-enter. (d) If this Agreement shall terminate as provided in this Paragraph 1o, the City shall have the right to rent the said building for such rent and upon such terms as the City may see fit (e) Representatives of the Senior Citizens, Inc., Resurrection Bay Historical Society, Inc. and the City shall meet on an annual basis in November to discuss the agreement and other items of concern. This meeting shall be scheduled by the executive director of the Senior Citizens at a time convenient for all parties. 11. ASSIGNMENT. It is specifically provided that the Seniors and the ,Museum shall have no right to assign this Agreement or any interest thereunder without the prior written consent of the City having first been obtained. The parties recognize the City has undertaken extensive reconstruction and remodeling of the building and premises in anticipation that the Seniors and Museum would operate community and civic activities from them, and that the City would not have entered into this Agreement with any other parties or entities. 12. NOTICES. Any notice or demand, which, under the terms of this Agreement or by any statute or ordinance, must or may be given or made by a party hereto, shall be in writing and may be given by certified or registered mail sent to the other party at the address set forth below, or to such other address as a party may from time to time designate by notice in writing. All notices, demands and requests from the Seniors and the Museum to the City shall be given to the City at the following address: CITY MANAGER CITY OF SEWARD P. O. Box 167 Seward, Alaska 99664 All notices, demands and requests from the City to the Seniors and the Museum sliall be given to the Seniors and the Museum at the following addresses: SEWARD SENIOR CITIZENS CENTER P. O. Box 1195 Seward, Alaska 99664 RESURRECTION BAY HISTORICAL SOCIETY, INC. P. O. Box 55 Seward, Alaska 99664 Page 6 6-5 CITY OF SEWARD, ALASKA JOINT MANAGEMENT AGREEMENT SENIOR CITIZENS/MUSEUMICOMMUNITY CENTER 0. ACCESS. The Seniors and the Museum will permit the City and its agents to enter into and upon the building at all reasonable times for the purpose of inspecting, maintaining or other lawful purposes. In addition, the Seniors and the Museum shall provide access to each other's agents to enter into and upon the building at all reasonable times for the purpose of compliance with this Agreement. 14. SUCCESSORS BOUND. The covenants and agreements contained in this Agreement shall inure to the benefit and be binding upon the parties hereto, their heirs, legal representatives, successors or assigns; provided, however, that the Seniors and the Museum shall make no assignment without the prior written consent of the City first having been obtained. is. NO ORAL MODIFICATION. This Agreement may not be modified, except in writing signed by the parties hereto, their heirs, legal representatives, successors or assigns. 16. ARBITRATION. In the event of any dispute arising between the parties in regard to the interpretation of this Agreement which cannot be amicably resolved, either of the parties hereto may call for arbitration, in whic9case each of the parties will select an independent arbitrator, and the two so selected shall select a third, which said arbitrators shall meet and resolve the difference, and the decision of any two of the three arbitrators so selected shall be binding upon the parties. The cost of such arbitration shall be borne equally between the parties. 17. WAIVER OR RELINOUISF1MENT. Failure of the City to insist upon the strict performance of the terms, conditions and agreements herein contained, or any of them, sliall not consist of or be construed as a waiver or relinquishment of the City's right to thereafter enforce any such term, agreement or condition, but the same shall continue in full force and effect. 18. SUBORDINATION. The Seniors and the Museum agree that they will subordinate their rights hereunder to the lien of any mortgage or any other method of financing or refinancing, now or hereafter placed against the premises or the building and to any and all advances made or to be made thereunder, and to the interest thereon and to all renewals, replacements, consolidations and extensions thereof. This paragraph shall be self -operative and no further instrument of subordination shall be required. The parties understand and recognize that funding for the construction of the building on the premises was provided in part by the City through the issuance of General Obligation Bonds (Alaska Municipal Bond Bank 1987 Series A), and this Agreement shall be subject to all the terms and conditions of that issue, including any trust indenture and other financing commitments. Any provision of this Agreement in contravention thereof shall be null and void, and the parties agree not to enforce any provision which would affect the tax- exempt status of those bonds. 19. CAPTIONS. The titles to sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof. Page 7 �U CITY OF SEWARD, ALASKA JOINT MANAGEMENT AGREEMENT SENIOR CITIZENS/MUSEUM/COMMUNITY CENTER 20. ENTIRE AGREEMENT. This Agreement contains all of the covenants and agreements between the City and the Seniors and the Museum pertaining in any manner to the programs and activities to be conducted from the premises and building by the Seniors and the Museum. No prior agreements, operations or understanding pertaining to the same shall be valid, and this Agreement shall not be altered, modified or added to, except in writing signed by the City and the Seniors and the Museum. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall, nevertheless, remain in full force and effect. The provisions of this Agreement and any questions arising concerning this Agreement shall be determined and resolved in accordance with the laws of the state of Alaska. I I 21. REMOVAL OF PROPERTY. If, at the end of the term hereof, the Seniors and .I the Museum shall fail to remove any property from the premises, then, at the City's option, such property shall become the property of the City, or the City may cause it to be removed and disposed of at the Seniors' and the Museum's expense. i ;I 22. WAIVER. Any waiver by a party to any term, condition or covenant of this Agreement shall not be deemed a waive of the same on future occasions. IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and affixed their seals the day and year first above written. j CITY: CITY OF SEWARD, ALASKA ARRSCHAEFER YER CITY MANAGER cgl014r- ATTEST: 4 L1Nt�4 5 vl-K ' CITE' . • '9,� it �5 i i SENIORS: SEWARD SENIOR CITIZENS, INC. ITS: MUSEUM: RESURRECTION BAY HISTORICAL SOCIETY ITS: Page 8 £►'7 _. Mission Statement of Seward Museum The Seward Museum collects, preserves and makes accessible materials relating to the history of Seward, the Resurrection Bay area and the eastern Kenai Peninsula of the State of Alaska MEMORANDUM OF UNDERSTANDING BETWEEN THE CITYOF SEWARD AND THE RESURRECTION BAY HISTORIG I CIETY The Resurrection Bay Historical Society, hereafter Seward, hereafter referred to as the City, enter in - preserve, research, interpret and provide public, The City owns and maintains the building in 4 and funds for the management, preservation, public access to the collection. The Society is dedicated to prom collection. It is mutually benefici continued preserva Mission Statem The parties, ther'101( The the colle Provide fun Provide insure -vide suppl The City of Seward's}�a: Society, and the City of ement to manage, F owned by the Society. these collections are h� kch and interpretation provides staff collection and retation and protection of its y to assure the a Seward Museum and future acquisitions I policies relating to the collection rch, documentation and interpretation of r trainin d education of Society members for the contents of the collection nd materials for Society business, meetings and events. • Provid`e aintain the building to house the collection • Provide the collection with building security • Provide staff to manage the collection in compliance with Seward City Code 2.25.130-135. • Provide support for preservation, research, documentation and interpretation of the collection • Develop and maintain a collections policy • Provide funds for training and education of museum staff 1 C: 19 Provide space and access to museum facilities and equipment to conduct Society business The parties mutually agree that: Where donations and funds are solicited using the distinct name of either organization, the funds will be deployed for the particular purposes within that organization Following review by both parties, this agreemen4mayy ended as necessary by mutual consent of both parties. Either party may terminate this agreement by p0 days written notice. Unless terminated by written notice, this agreement win force. X X Phillip Oates x Lee Poleske Manager City of Seward President, Resurrection Bay Historical Society Sponsored by: Planning and Zoning Commission Introduction Date: October 11, 2010 Public Hearing Date: October 25, 2010 Enactment Date: October 25, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING VARIOUS PORTIONS OF SEWARD CITY CODE 15.20 SIGNS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Seward City Sign Code has not been updated in over 10 years; and WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, July 6 and July 20, 2010 specifically addressed 15.20 Signs; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its September 7, 2010 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Sign Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Sign Code is hereby amended to read as follows: Title 15.20 Signs is hereby amended as follows (Stfile eughs = deletions and are bold, Underline = additions and are bold Italic): 15.20.015. Definitions Flashing sign. A sign which contains an intermittent or sequential flashing light source. Does not inelude time and temperature signs. 15.20.025. Requirements applicable to all signs. L. Freestanding signs are subject to the following limitations: 1. maximum height of 20 feet or the height of the building, whichever is less; 2. one per street front ap rcel; c. CITY OF SEWARD, ALASKA ORDINANCE 2010-007 Page 2 of 4 3. only allowed within front yards mW or side yards which are adjacent to a street. O. Protecting signs (fin or right angle signs) are subject to the following limitations: 1. one per pedestrian entrance; 2. maximum height of 20 feet or the height of the building, whichever is less; 3. shall not extend over a public sidewalk in excess of the width of the sidewalk: 4. shall maintain a clear vertical distance above the nearest krade by a minimum of 8 feet. 15.20.030. Signs allowed without permits. P. wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; R. temporary signs for the purposes listed below which shall be removed upon completion of the activity or project denoted by the sign: 1. grand opening and sale signs may be posted for not more than 30 days; these signs may include banners, flags, pennants, ribbons, streamers, or balloons. 15.20.035. Prohibited signs. F. portable signs, except sandwich boards provided that they do not exceed ten square feet per side and are located entirely on private property; H. flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of Title 1 S; 15.20.040 Sign standards by zoning district which require permits. B. Office residential, auto commercial, and industrial districts 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of two hundred square feet per €ventage arcel. CITY OF SEWARD, ALASKA ORDINANCE 2010-007 Page 3 of 4 5. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed thirty two square feet in area per side; otherwise, a maximum of fifty square feet per side is allowed (see § 15.20.025 L. or O for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage, to a maximum of two hundred square feet per parcel. 4. Projeeting signs, Marquee signs and or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section Ls 15.20.030(k) for under -marquee signs,15.20.025(o) for projecting signs.) (d) Harbor commercial district. foot of property 1. The following property frontages may be combined at one .square foot per lineal foot of frontage to a maximum of two hundred square feet of Amaze per parcel. a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot, frontage. (4) Marquee or projecting signs, which protect over a public right-of-wav may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed twenty rve square feet in area (see sections 15.20.030(K) for under - marquee signs,15.20.025(0) for projecting signs). Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25th Day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor t !' Council Agenda Statement Meeting Date: October 11, 2010 Through: Phillip Oates, City Manager From Christy Terry, Community Development Director Agenda Item: Amending Seward City Code 15.20 Sign Code BACKGROUND & JUSTIFICATION: For two years the Planning and Zoning Commission has held numerous public work sessions reviewing Title 15 of the Seward City Code, including two work sessions specifically in review of Section 15.20 Signs, July 6 and July 20, 2010. At the September 7, 2010 Planning and Zoning Commission meeting the Commission unanimously approved P & Z Resolution 2010-12 recommending staff forward the attached Ordinance to City Council for enactment. 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 proposed Code change would update and incorporate public requests by amending several sections of the current City Sign Code. ATTORNEY AND STAFF REVIEW: YES X No FISCAL NOTE: Passage of this ordinance has no fiscal impact. Finance RECOMMENDATION: Council introduces Ordinance 2010- oO , amending several sections of the Seward City Code 15.20, Signs, conducts a public hearing and adopts Ordinance 2010- ( 53 L Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2010-12 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AMEND VARIOUS PORTIONS OF TITLE 15.20 SIGNS OF THE SEWARD CITY CODE WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2010- _, amending various portions of Title 15.20 Signs; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of September 2010. AYES: DeMarco, Heinrich, Ecklund, Roach' NOES: None ABSENT: Morgan ABSTAIN: None •++■�•�� VACANT: Two OAF 86h ATTEST: •••��;� •••••4�,, fog" • SEAL • J Lewi CM •. �. C Clerk ••.�� '� !'' ••••� — OF A� :� THE CITY OF SEWARD Sandie Roach', Chair Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A REIMBURSABLE AIR MONITORING PROGRAM GRANT AND APPROPRIATING FUNDS TOTALING $16,000 WHEREAS, Council supported a community wide PM 10 air monitoring system to assess the City's air quality with Resolution 2010-007; and WHEREAS, the City committed to providing site logistics support including: acquisition of the monitoring sites, power to each sampling site, year round safe site access and adequate security, dedicated site operators to facilitate sample collection, recordkeeping and shipping; and WHEREAS, at the City of Seward's request, the Alaska Native Tribal Health Consortium (ANTHC) agreed to provide funds to reimburse installation costs for an amount not to exceed $5,000 and for a year of the labor costs to remove, mail and replace the filters in each unit approximately every week for an amount not to exceed $9,150; and WHEREAS, the City of Seward will invoice ANTHC for the expenses covered by the grant in amounts less than $5,000; and WHEREAS, additional contingency funds for the installation, equipment and unforeseen labor costs will be transferred from the Community Development Department's Contracted Services Account; and WHEREAS, the City will arrange for the air monitor installation in compliance with Seward City Code Chapter 6.05 Incidental Minor Purchases; and WHEREAS, in order for ANTHC to fund the labor costs the City has agreed to partner with the Qutekcak Native Tribe to provide the personnel necessary to replace the filters in compliance with the Federal Reference Method for collection; and WHEREAS, ANTHC would also like to collaborate with the City to develop a report analyzing the year of data collected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby accepts the reimbursable Air Monitor Program grant from the Alaska Native Tribal Health Consortium in the amount of $14,150 into account 10 1 -0000-4680-0900 to provide for the installation and collection costs. �j 5 CITY OF SEWARD, ALASKA RESOLUTION 2010-094 Section 2. Funding in the amount of $16,000 is hereby appropriated as follows into the Air Monitor Program Project account 101-1180-5790; 1) the amount of $14,150 is appropriated from grant revenue account 10 1 -4680-0900; and 2) the amount of $1,850 is appropriated from account 101-1150-5390. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this I Vh day of October, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor cjo Council Agenda Statement Meeting Date: October 11, 2010 Through: City Manager Phillip Oates From: Community Development Director Christy Terry Agenda Item: Accepting an air monitoring program grant BACKGROUND & JUSTIFICATION: City Council approved Resolution 2010-007 supporting a community wide PM 10 air monitoring system to assess the City's air quality. The Division of Air Quality Alaska Department of Environmental Conservation (DEC) and the City Administration have moved forward with securing the monitors and the installation logistics. These should be installed within this year's construction season. It is important to establish a scientific measurement of our community's air quality, specifically in regards to PM10 coarse particulate matter (airborne dust) to evaluate potential impact to the public health and welfare. Currently, Seward only has anecdotal accounts for air quality conditions. In order to develop scientific information, the City of Seward, with assistance from DEC, will obtain one year's worth of data using the Federal Reference Method for collection, laboratory analysis and reporting in accordance with the U.S. Environmental Protection Agency requirements. Within this program the DEC committed to provide technical assistance and support to the City of Seward for the monitoring effort to include: loan of the required sampling equipment and parts, providing operator training with the Federal Reference Method for sampler operation and data collection procedures, providing sample supplies (filters, shipping envelopes and charts), conducting the gravimetric analysis in the Juneau weighing laboratory, calculating and reporting sample results, a DEC specialist will travel to Seward to perform monthly QC flow checks and another DEC specialist would travel to Seward quarterly to perform independent QA audits. DEC will provide an informational presentation during this Council Meeting. Council could also request additional public meetings once the program is approved and prior to implementation. The City's commitment and support for their role in the project providing site logistics support for the monitoring program includes: acquisition of the monitoring sites, power to each sampling site, year round safe site access and adequate security to protect the equipment and dedicated site operators to facilitate sample collection, recordkeeping and shipping. Since this program was not included in the 2010/2011 budget, the City of Seward approached the Alaska Native Tribal Health Consortium (ANTHC) to request funding assistance. ANTHC agreed to partner with the City of Seward and provide funding for the installation costs NTE $5,000. Also, if the City was willing to collaborate with a local native tribe, ANTHC would fund the personnel necessary to replace the filters in compliance with the Federal Reference Method for collection every six days at approximately $150.00 per occurrence. INTENT: Accept and utilize reimbursable funds from ANTHC to implement the PM10 Air Monitor Program in Seward. Additional funds are being transferred from the Community Development Department to provide for a contingency. 9 rage i or 1 CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies. ATTORNEY REVIEW: Yes No X FISCAL NOTE: The City Council is accepting the reimbursable Air Monitor Program grant from ANTHC in the amount of $14,150 to provide for installation and filter collection labor costs. Additional funds in the amount of $1,850 are being appropriated from the Community Development Department's Contracted Services budget to provide for a contingency. The City of Seward will invoice ANTHC in amounts less than $5,000 to receive these funds. Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 201O-qq accepting a reimbursable air monitoring program grant and appropriating funds totaling $16,000 Page 1 of 1 Suzi Towsley From: Christy Terry Sent: Friday, October 01, 2010 4:19 PM To: Suzi Towsley Subject: RE: air monitor funding No grant award letter. Kris asked me to do a resolution because everything up to this point has been verbal. Thanks. Christy Terry Community Development Director City of Seward PO Box 167 Seward, Alaska 99664 907-224-4020 fax 907-224-4085 From: Suzi Towsley Sent: Friday, October 01, 2010 3:24 PM To: Christy Terry Subject: RE: air monitor funding Christy, I will need a copy of the grant award letter or announcement as back up. Thanks—S From: Christy Terry Sent: Tuesday, September 28, 2010 4:49 PM To: Suzi Towsley Cc: Kris Erchinger Subject: air monitor funding Suzi- Please see attached for the air monitor grant resolution and agenda stmt. I did not pre -coordinate with finance on the account coding and those are blank. The hard copy back up will be the resolution and agenda for resolution 2010-007. 1 will put in your box today. Let me know if there are any questions. Christy Terry Community Development Director City of Seward PO Box 167 Seward, Alaska 99664 907-224-4020 fax 907-224-4085 J9 10/5/2010 City of Seward, Alaska Planning Commission Minutes September 7, 2010 Volume 6, page 4 0 9 New Business Items requiring a Public Hearing Resolution 2010-12 of the Seward Planning and Zoning Commission, Recommending City Council Amend Various Portions of Title 15.20 Signs of the Seward City Code Terry explained that several work sessions were held on this topic. Staff, public and Commissioners made several suggestions for the proposed code update. The items that were agreed upon were included in the proposed ordinance. There did not appear to be any consensus on signage exceeding the roofline in the Historic District, and signs advertising home occupations. Notice of public hearing being posted and published as required by law was noted and the public hearing for Resolution 2010-12 was opened. Fire Chief Dave Squires asked whether the proposed advertising of home occupations would include bed and breakfast operations. No one else requested to be heard and the public hearing was closed. The Commission discussed home occupation signage. Motion (Ecklund/HHeinrich) Approve Resolution 2010-12 Motion (Roach'/Heinrich) Amend proposed Ordinance, Section 1, 15.20.30 Signs Allowed Without Permits, R, striking "bubble machines." Motion Passed Motion (Roach'/Ecklund) Motion Passed Main Motion Passed As Amended New Business Items requiring a Public Hearing Unanimous Amend proposed Ordinance, Section 1, 15.20.035 Prohibited Signs, H, striking "on a building." Unanimous Unanimous Resolution 2010-13 of the Seward Planning and Zoning Commission, Recommending Adding Section 15.10.245 Wind Energy Conversion Systems (WECS) to the Seward City Code establishing a process and standards for the siting, construction, and operation of Wind Energy Conversion Systems (WECS) as permitted secondary uses and amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 to allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH URS CORPORATION (URS) FOR CHANGE ORDER #8 TO THE EAST HARBOR EXPANSION CONTRACT FOR AN AMOUNT NOT -TO -EXCEED $82,543.00 AND APPROPRIATING FUNDS FOR ENGINEERING, PERMITTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE SECURITY (Z) FLOAT PROJECT IN THE SEWARD SMALL BOAT HARBOR WHEREAS, URS (formerly Tryck Nyman Hayes Incorporated) has provided engineering and project management services to the City for several years with regard to the East Harbor Expansion Project; and WHEREAS, the City is moving forward with Phase 3 of the East Harbor Expansion Project and desires additional engineering, permitting, and construction administration services for the Security (Z) Float in the small boat harbor; and WHEREAS, URS has provided an estimate of costs for providing these additional services in an amount not to exceed $82,543.00; and WHEREAS, although professional services such as engineering are not required to be purchased through the competitive procurement procedures (SCC 6.10.120(8)), the City originally selected URS as a result of a competitive request for proposals process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to execute Change Order #8 to the East Harbor Expansion Contract with URS, in substantially the form presented at this meeting. Section 2. The amount of $82,543.00 is hereby appropriated from the commercial passenger vessel funds account no 402-000-3050 to the contracted services account no 402- 2745-5390 to pay for these additional services. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this I Ith day of October, 2010. Council Agenda Statement Meeting Date: October 11, 2010 Through: Phillip Oates, City Manager From: Kari Anderson, Harbormaster Agenda Item: Change Order #8 to the East Harbor Expansion Contract with URS Corporation BACKGROUND & JUSTIFICATION: URS Corporation (formerly Tryck Nyman Hayes, Incorporated) has provided engineering, design, bid, and construction engineering services throughout Phase 1 and Phase 2 of the City's East Harbor Expansion Project. As the City continues construction within the small boat harbor, it is necessary to maintain and continue the availability of engineering services for future development. URS is intimately familiar with the Seward Harbor Expansion Project and is particularly suited to continue this type of work. Phase 3 consists of the Security (Z) float and related improvements including fire suppression, utilities, and a gangway. The installation of the pilings and float related infrastructure will begin this winter. Resolution 2007-134 authorized the City Manager to -enter into an agreement with URS for engineering, design, and contract management for Phase 3: Z float. Due to funding restrictions, Phase 3 was divided into two components a.) design and construction of the floats and b.) upland design of utilities and installation of floats and associated utilities. Because this project was not fully funded in 2007, costs and the engineering scope of work have increased over the past 3 years. A fee proposal for additional engineering, permitting, and an on -site construction engineer for 90- days was provided by URS at a cost of NTE $82,543.00. The services as proposed and the cost of those services are described in Attachment A to the Change Order No. 8 in the form of a project approach letter and task descriptions. INTENT: For the City of Seward enter into a contract with URS for an amount not to exceed $82,543.00 for engineering services and construction support. This will be Change Order #8 to Contract Number 03-003. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the 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) Comprehensive Plan Economic Development, Small Boat Harbor Development: expand and maximize the potential of the existing harbor. Transportation Facilities, Harbors: Continue to support, promote, enhance and develop harbor facilities... Strategic Plan Economic Base, Improve and Expand Maritime Facilities: complete eastward expansion of the Small Boat Harbor Small Boat Harbor Management Plan Harbor Development New Harbor Development and Expansion:... expand the existing harbor... FISCAL NOTE: City Council authorizes the City Manager to enter into change order #8 to Contract 03-003 with URS for an amount not to exceed $82,543.00 from the commercial passenger vessel funds awarded for the Z float project account number 402-0000-3050 to pay for these additional services. Approved by Finance Department: � ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2010-_95 authorizing the City Manager to enter into an agreement with URS for Change Order #8 to the East Harbor Expansion Contract for $82,543 and appropriating funds. 103 0 • We are currently assisting with the required documents for the City of Seward Building permit application for flood plain areas, which otherwise would not have been necessary. • We have recently completed the design of the contract documents for installation of the float and the associated on -float utilities, and upland amenities associated with the Z Float project. This is currently being advertised for bid and we have completed the pre -bid conference in Seward and taking contractor questions --the first addendum is due out this week. We plan to continue providing bid support and construction administration services for this contract as well. • The sewer system design was originally intended to be in -float seasonal services, and the City has requested that we provide all season servic% which required re -design to provide for freeze -protection, • Similarly, the scope of work was increased to provide all -season potable water service on Z Float, • It does not include any additional effort that will be required for distributing bid documents, answering questions, etc. for two separate contracts. For these reasons, we are requesting an increase in our fee for the following tasks. • Z Float Desian and 8M tine; We are hereby requesting that the amount that has been expended $25,080 over the previously approved budget. This work was completed before Sept. 1 at the 2007 rates. This includes the increased cost of preparing a second set of contract documents and the increase in design and permitting due to the changes discussed above. • Bid Suono Approximately $3,685 remains in the existing budget as of 9/17/10. We are requesting an additional $724 budget to cover the increase in our labor rates and allow invoicing at our 2010 rates for only the work remaining on this task (i.e., we are not requesting additional funds for the extra effort to cover costs associated with two advertising periods, distribution of bid documents and maintaining plan holders lists for two bid periods, attending two separate pre -bid conferences and bid openings, eta). This will be billed on a Time and Materials basis at our current rates. • Con M&NOn Saner Approximately $78,496 remains in the existing budget on this task. A portion of the original budget was expended during Z Float procurement portion of the project for submittal reviews and float inspections both in Seattle and Seward. We are requesting an additional $56,139 budget to cover the Construction Administration of the Z Float Installation and Uplands Improvements project, This amount represents the increased amount, over the current remaining budget, to complete the full time construction oversight for Z Float installation at our current rates. We have increased the scope of work for to include 3 full months of full time Jr. Engineer oversight and daily reports documentation (an increase from our original scope from 60 to 90 days on site). In addition, we will complete shop drawing/submittal reviews, design clarifications, weekly teleconference meetings, bi-weekly Senior engineer site visits, electrical engineer inspections, substantial completion and final completion site visits, contractor invoice/pay application reviews, and completion of project clossout/record drawings after construction. The remaining work will be billed on a Time and Materials basis at our current labor rates. • !Uplands Master Re ine. This was billed ahead at full lump sum cost. The additional servicestchanges discussed above will be completed at no additional charge. • Schedule An Increase in the time of completion for this contract will be extended until December 2011. The total fee for this work these increases is $82,543. We hope that you will find this to be fair considering the additional work completed to date, and we look forward to completing this important projects Piease call me at 261- 9756 if you have any questions or would like to discuss the scope of work further. Sincerely, Kimberly Nielsen, PE Project Manager M,W3096.00010NJOftwtMem%am=♦ lo4g.,13LtrF Aoa I C , September 20, 2010 Karl Anderson, Harbormaster City of Seward P.O. Box 167 Seward, AK 99864 RE: Z Float Design, Bid Support, and Construction Admin Dear Karl; This letter is to request an increase in our current fee for design, bid support, and construction administration services for the Z Float project. As you are aware, the fee estimate for Z Float project was approved in 2007. Since that time, many changes to the project have occurred, including: • Our labor rates increased annually over the past 3 years. To this date, we have not requested a modification on this basis. • The project was originally to include one set of drawings and specifications as a deliverable with a delivery date within one year. For various reasons, including funding limitations the City requested that we stop work/put the project on hold. Project was started up again in 2009. In order to meet grand funding deadlines, the City requested that a separate float design/delivery project be completed to ensure float delivery prior to that deadline in early 2010. This work included design of the float system as well as bid support and construction administration services on a time and materials basis in accordance with the original fee estimate. The second design project includes Installation of the floats, utilities, and upland improvements such as the maintenance/waste colledlon building and upland utilities. This has increased our costs associated with putting together the required plan sets, specifications, and contract documents packages for two projects instead of the single project originally planned. • Having two separate contracts also increased our bid support services costs by requiring two advertising periods, distribution of bid documents and maintaining plan holders lists for two bid periods, attending two separate pre -bid conferences and bid openings, etc. • The site visit work for float inspection that was conducted as part of the Z Float Procurement project, both to the float manufacturer's yard in Seattle and to Seward upon delivery was not included in the original scope of work. • We have been awarded a modification to the contract to create a Master Plan for the uplands area in the northeast harbor. We completed the preliminary layout and gained approval by the City of the layout in April 2010. We based our design for the Z Float uplands improvements based on this layout. Subsequently, we found out that another consultantlengineer for the City was concurrently designing some of the new water line extensions to the area and their planned layout did not follow the approved Master Plan. There will be additional effort to revise the approved Master Plan to follow these changes, and re- route the sewer line to connect Z Float, and relocation of facliities such as the waste collection area, etc. • Electrical engineering fees by Haight Associates (subcontractor) have increased in the past 3 years, and they incurred additional costs associated with changes to the design including pedestal layouts, types, and power requirement changes from what was originally included In the project. • Several recent design changes have occurred on the project. These are primarily related to coordination with the USCG berth, USCG building, and concurrent water line project. • The City requested that we relocate the Waste oil collection building to a location that will require fill in a tidal area. This will require preparing and submitting new permit drawings and an application and coordination with agencies to obtain the appropriate authorization for this. M.-WO 6OMIOOhojWM® Semmt lG4l4-13LtrFaioereauMon.DBAFrdoa 1G SEWARD SMALL BOAT HARBOR EAST EXPANSION CONTRACT HARBOR DEPARTMENT CITY OF SEWARD, ALASKA CHANGE ORDER No. 8 This Change Order No. 8 and Notice to Proceed ("Change Order No. 8") is pursuant to the Engineering Services Contract entered into October 2, 2003 between the City of Seward, Alaska ("City'l and URS Alaska LLC C [ W'j formerly Tryck Nyman Hayes, Incorporated. This Change Order No. 8 is effective October 12, 2010. URS is hereby directed to amend the Scope of Work defined in the Engineering Services Contract to include additional design and permitting, bid support, and construction support services with the installation of the Security (2) float. This change to the scope of work will include a full time Jr. Engineer to perform construction oversight and daily reports for a 90-day period during pile -driving and other in -water work for the installation of the Security (2) float. Additional details regarding design, permitting, and bid support are further described on the attached Exhibit A. This contract price is hereby increased in the amount not to exceed of $82,543.00, to be paid in accordance with the original contract provisions. All other provisions of the Engineering Services Contract remain in full force and effect. Dated this 12s' day of October, 2010. RECOMMENDED BY: K,ari Anderson Harbormaster URS Alaska LLC j Laura Young Alaska Operations Business Manager APPROVED BY: Phillip Oates City Manager ATTEST: Jean Lewis City Clerk Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-096 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ACCEPTING A GRANT FROM THE DEPARTMENT OF COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS FY 2010 DESIGNATED LEGISLATIVE GRANT FOR SECURITY AND FIRE PROTECTION FOR COMMERCIAL PASSENGER VESSELS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH HARRIS SAND & GRAVEL, INC. FOR $1,389,214AND APPROPRIATING FUNDS NOT TO EXCEED $1,597,600 WHEREAS, the purpose of the FY 2010 Designated Legislative Grant in the amount of $2,000,000 is to provide funding to the City of Seward for use towards security and fire protection for commercial passenger vessels; and WHEREAS, the objective of this project is to expand the Seward Small Boat Harbor by installing a new Security (Z) Float for moorage for the USCG Cutter Mustang and other security and emergency response vessels; and ( WHEREAS, the installation of the Security (Z) float and uplands improvements were advertised for bids in accordance with Seward City Code §6.10.215 and the lowest responsive bidder of the five companies which submitted bids was Harris Sand & Gravel, Inc.; and WHEREAS, the bids for this project ranged from a low of $1,389,214 to a high of $2,063,944; and WHEREAS, grant funds may be used towards contractual services, engineering, design, planning, permitting, project management and construction; and WHEREAS, the installation of the floats and the upland improvements will be complete by 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby accepts the FY 2010 Designated Legislative Grant in the amount of $2,000,000. Section 2. The City Manager is authorized to enter into a grant agreement with the Economic Development Division of Community and Regional Affairs in the amount _ of $2,000,000 to the Security (Z) float project account number 274-2746-4680-0200. 107 CITY OF SEWARD, ALASKA RESOLUTION 2010-096 Section 3. The City Manager is authorized to negotiate and enter into an agreement in substantially the form presented at this meeting with Harris Sand & Gravel, Inc. for the construction services to complete this project in and amount not to exceed $1,389,214.00. Section 4. The amount of $1,597,600 is hereby appropriated from the Security (Z) Float project account number 274-2746-5390 to allow for payment of construction services including up to 15% for additional contingencies. Section 5. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this 1 lth day of October, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 16.3 Council Agenda Statement Meeting Date: October 11, 2010 To: Phillip Oates, City Manager From: Kari Anderson, Harbormaster Agenda Item: Accepting the Department of Commerce Community and Economic Development Division of Community and Regional Affairs FY 2010 designated legislative grant and authorizing a construction contract with Harris Sand & Gravel for the Security (Z) float and uplands improvement project for $1,389,214.00 and appropriating funds not to exceed $1,597,600.00. In 2010, the City successfully received a State legislative grant for $2.0 million for the following project: Security and Fire Protection for Commercial Passenger Vessels. This funding will enable the City to install Phase 3 of the East Harbor Expansion Project including the Security (Z) float and uplands utility improvements. Working with URS Alaska, LLC ("URS"), the City solicited for bids for the Security (Z) float installation and uplands improvements. Five bids were received by the September 27th deadline. The five bidders were Harris Sand & Gravel, Inc., Swalling Construction Company, Inc., West Construction, Jay -Brant General Contractors, LLC, and MKB Constructors. The lowest bidder at the opening was Harris Sand & Gravel, Inc. This company installed the South Harbor floats and upland improvements to the Seward Small Boat Harbor in 2007. The bids ranged from a low of $1,389,214.00 to a high of $2,063,944.00. City Staff and URS reviewed the bids and found the low bid by Harris Sand & Gravel, Inc. to be responsive and responsible. The City has reviewed the bid from Harris Sand & Gravel, Inc. and recommends awarding the contract for Z Float construction/installation immediately to meet permitting requirements for "in -water work." The total cost to the city would not exceed $1,597,600.00 (the bid/contract amount of $1,389,214.00, plus a 15% contingency). INTENT: Accepting the FY 2010 Designated Legislative Grant in the amount of $2,000,000, authorizing the City Manager to enter into construction contract with Harris Sand & Gravel for $1,389,214.00 for the installation of the Security (Z) float and uplands improvements, and appropriating not to exceed $1,597,600.00. CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X Economic Development, Small Boat Harbor Development, expand and maximize potential of the existing harbor. 2. Strategic Plan X Economic Base, Improve and Expand Maritime Facilities: complete eastward expansion of the Small Boat Harbor. 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. 1G19 FISCAL NOTE: Funding in the total amount of $2,000,000 is hereby appropriated into account no. 274-2746-4680- 0200. The management of this grant will enable the City to receive a 10% administrative overhead fee for a total of $200,000. There is no match required. The amount of $1,597,600 will be appropriated from the Security (Z) Float project account number 274-2746-5390 to allow for payment of construction services including up to 15% for additional contingencies. Approved by Finance Department: 1 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council supports Resolution 2010--qL authorizing the City Manager to accepts the FY 2010 Designated Legislative Grant and enter into a grant agreement with the Economic Development Division of Community and Regional Affairs in the amount of $2,000,000 to the Security (Z) Float project account number 000-0000-0000-0000 and authorizing the City Manager to enter into a construction contract with Harris Sand & Gravel, Inc. for $1,389,214.00 and appropriating an amount not to exceed $1,597,600.00. -Q DEPARTMENT OF COMMERCE COMMUNITY, AND ECONOMIC DEVELOPMENT 3 DTVT.QTnN nTi % n1kffX1"TXTTTv . - n,... Designated Legislative Grant Program L;Grant Agreement Grant Agreement Number Amount of State Funds I1-DC-640 $2,000,000.00 Collocation Code(s) Encumbrance Number/AR/1-apse Date Project Title Security and Fire Protection for Commercial / 8464 / 06/30/2015 Passen er Vessels Grantee Department Contact Person Name Name City of Seward Robni Park Sheet/ 0 Box Title PO Box 167 Grants Administrator II City/State/Zip Street/PO Box Seward AK 99664 P.O. Box 110809 Contact Person City/State/Zip Kim Kowalski -Rogers, Accountin Supervisor Juneau, AK 99511-0809 Phone Fax 907-224-4063 907-224-4038 Phone F� 907.465.4731 907.465.5867 AGREEMENT The Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs (hereinafter `Department') City `Grantee') and of Seward (hereinafter agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $2,000,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins 07/01/2010 and shall be completed no later than 06/30/2015. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix 132: Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature j ',� Signature Printed Name anTitle Printed Name and Title Phillip Oates, City Manager Jolene Julian, Grants Administrator III Date / a(C/G% s Date , Reviewed by: Attachment A Scope of Work 1. Project Description The purpose of this FY 2011 Designated Legislative Grant in the amount of $2,000,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2010, Chapter 43, Section 16, Page 150, and Lines 27-30] is to provide funding to the City of Seward for use towards Security and Fire Protection for Commercial Passenger Vessels. The objective of this project is to reposition all emergency response vessels and to improve security and fire protection to cruise ships and cruise ship passengers. This project may include, but is not limited to, • Z & R Float System Installation • On -Float Utilities & Safety Equipment • Upland Development • Engineering & Contract Administration No more than five percent (5%) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10%) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget Cost Category Grant Funds Tota Program Funds $2,000,000.00 $2 3. Budget Narrative The Grant Funds identified above will be used to complete the project d Description. Rev. 412009 Designated Legislative Grant Agreement Attachment A e) jL 140 o E2S 25 uS, 25S RXFMSi I idS$ . 2i;i b�u 0 » S ee8H888 $888888888$8 8888H8. 8 $H$ W8UR Big ffi�4 88 8�AA8R ffi � 8,888 8888 8$8$�08 WI' H� N $ i LL gRsi^e 98 90, $p�HHRs�A S '°'� O � 8p�'"!�8 E jQ»� O R S8Qp6 a3all A d HQ, � p $Qg $$Q$$ $ $$Q$ , f Q$QH,$4$$ 2$ Zi 2S y$ o 25 Z$ 4$H«fH�$4$Q$$ 2i � b Zi H 2$ o 16 81p^ « yS $$ Q Q y c y y Q P; ^�8RR3"N'S -ffi ARE R 8 888$ $a 8«$H$$ $8. isggs$$8 M N M N M N M M M M M N M M N N M N M N M M M S $ $ H, p M ' N N N E P 1� RUNS !l1iii effi �F iy H ssss$ i0 $ $ s� a fl R�ffi�RR R saFa $88$«$8N«9R8a 8 gg ffi.n 1R S »n-,3n �9�� I 1 43 �gn 15 �- FNpN + -R« ze q pN 3 f S 55�v°�R:S� gg €5.pp LL3�LL �N«allo Nor- 'RFAA� A 7A 07 CPIT ORSEWARD, ALASKA CONSTRUCTION CONTRACT Z 1 Taac nstel�a�Con and Upian'd tiproveenWWII— Seward Small Boat Harbor Seward, Alaska This CONTRACT {" CentracC), between the City of Seward, Aleslta, herein called the City, awing by and through its City Manager, and Company Address (Street of PO Box. a/an [] Tadividual OParmorship 1110int Venture OSole Proprietorship QCQrperation incorporated under the laws of the Stato of�, its successors and usisrar, herein called the Contractor, is affitetive the date ofthe slsnaturt of flee City Manager an this document. Tho Contractor, for and in consideration of the payment or payments herein specitiod and agreed to by the City, hereby covenants and agrees to fornish and deliver all the materials and to do and perform all the work and labor required in the eonstntotioa of the abovarafereaoed prelm as bid by the Contractor. which bid and prices canted. together with the Contract Doeoments (es hereinafter delinod) at made a part ofthis Copfmat and aoceptad as each, It is distinofiy understood and agreed that no claim far additional work or materials, done or furnished by the Contractor and not specifically herein pravided for, will be allowed by the City, nor siren the Comraetat do atyr work or tLredsh any material not covered iy dais Contract, unless such work or mamrials is orderad in writing by the Ctigr. In ao avert shall the City be liable fbr any nattsials f mdebed or used, or for any work or labor done, unless the materials, work or labor are required by the Convect or on written order furnished by the City. Any such work or materials which rsty► be done or famished by the Contractor without written order AM being given shag be at &a Convector's own tick, cost, and expense and the Contractor hereby covetnrets and agrees to make no claim for coraPanaation for work or materials done or furnished without saoh wrinen order. The bid amount accepted by the C:IW is S1 ��` Notwithstanding the fete n a 8 � g. payment under this Contract shalt not exceed 40adk wryj So HandM _jej•p�rdollars (AJ.y9,lra for all but Items, additional work, and "So orders. SO4st eta gh%—*-dw so The Contractor lbnher Covenants and agrees that all materials shall be hmishod and delivered and all work and labor shall be done and performed, to every rospeq, to the satisikedon. of the City. an or betbra It Is expressly understood and agreed that in eau of the failure on the out of the Contractor, for any reason, excopt with rite written consent of the City, to cemplete the iivniAlo& and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall bavo the right to deduct firm any money due of which may become duo the Contractor. The bonds given by the Contractor in the seam oft Payrnma bond, and S Paibmuce Bond, to secure the proper eomplianeo veldt dta terms and provisions of This camerae% an submitted hcrawith and made a parthereof. The Contractor fonher covenants and agrees that the entire construction will bee done under the administration ofand to the eomploto astWAGdon of the Ciry subject to tbo Impaction, at all times and approval by any modotory agency of the Local, State, or Federal Ooverament of rite United States of America, and in accordance with the laws of the start of Alaska and the City of Seward. City of Seward construction Contract August2410 Past 1 of 3 l a� For purposes of this Contract, Contracting Of cr tnesna tC� ,�w�e or any other person designated by dw City Manager, The Contractor is an independent contraetorand not as omployea or agent of the City. Contract Doatttreats OUR have the tnemdag &sobbed by the Gommi Conditions of the Consumetion Conmaet, and Include but are not limited to tbis Contract, assoolatad Will Donumeets and Contmot Forms, the General Coriditiom of the Construction Contract, the SupPlementary Conditions, and the following listed documents; (!)13Id SeheArin (2) Sneeul P Vidne , O Teehniest Sneci$eatten& (4) Cc t*mt D Minis (S) g ndicca, and (OLEWdRAM to the COntract Documents issued during the bidding period, IN WI'1<N ss VVXUEOF the parties hereto lave executed this Contract and agree to Its wens and 0OB0100e, 2p/D Date CITY OR REWARD Signawro of City Manager Typed Name �• ' Date ATTEST City Clark City of Seward Construction Contract August 2010 Pego 2.of 2 Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2010-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE RETIREMENT OF CITY CLERK JEAN A. LEWIS CONTINGENT ON HER COMPLETION OF 30 YEARS OF STATE AND LOCAL GOVERNMENT SERVICE AS ESTABLISHED BY THE DIVISION OF RETIREMENT AND BENEFITS WHICH IS ESTIMATED TO BE DECEMBER 2010 OR JANUARY 2011 WHEREAS, Jean Lewis (Lewis) has been employed with the City of Seward since May 2002; and WHEREAS, Lewis will satisfy her 30-year eligibility for retirement from state and local government this December, 2010; and WHEREAS, under the terms of the employment agreement between the City and Lewis, at least 90 days notice must be given; and WHEREAS, a procedure to hire the new city clerk is in place and timelines have been established to ensure a seamless transition for a replacement for the community; and WHEREAS, Lewis plans on retiring in December 2010 or January 2011, contingent on completion of her 30 years of State and City service and the completion of unfinished projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council accepts the retirement of City Clerk Jean Lewis contingent on the completion of 30 years of state and local government service as established by the Division of Retirements and Benefits. Section 2. The employment agreement between the City and Lewis shall terminate contingent on the completion of 30 years of state and local government service which is estimated to be December 2010 or January 2011. Section 3. Upon conveyance to the City of all files and property in her possession, Lewis shall be paid all sums due her for time worked and any accumulated annual leave as required by city code, charter and the employment agreement. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 1 Vh day of October, 2010. Agenda Statement Meeting Date: October 11, 2010 To: Mayor Dunham, City Council Members From: Jean Lewis, City Clerk Agenda Item: City Clerk Retirement Acceptance BACKGROUND & JUSTIFICATION: City Clerk Jean Lewis will be retiring sometime at year end after 30 years of state and local government service and wishes to give the "at least 90 days" notice as required by the employment contract. Timelines and process are in place to hire a replacement for a smooth transition for the community. A time certain date is not established, but retirement will be based on the completion of the 30 year period established by the Division of Retirements and Benefits, and the completion of any unfinished projects after that establishment. This termination, because of retirement, should occur between December 2010 and January 2011. INTENT: To receive approval in enough time to satisfy the requirements of the agreement between the City and Jean Lewis, and establish a seamless transition for her replacement. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the 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 Employment Agreement FISCAL NOTE: No fiscal impact. Approved by Finance Department: ATTORNEY REVIEW: Yes No XX RECOMMENDATION: Council approve the retirement of Jean Lewis for a time certain to be determined by the completion of 30 years of service as established by the Division of Retirements and Benefits to be approximately December 2010 or January 2011. 1 If City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page CALL TO ORDER The September 27, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Lieutenant Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Linda Amberg Tom Smith Bob Valdatta comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, Acting City Clerk ABSENT — None Jean Bard -arson Vanta Shafer Marianna Keil CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald commented on the WECS ordinance before the council tonight and congratulated council, for moving this forward. The inertia agreement for the railbelt energy companies worried him that:they were trying to make a big mega utility for all railbelt utilities. He wasn't sure if., they should do a statewide -utility. Daniel Oliver supported Resolution 2010-091, which authorized the sole source for the SMC improvements and "mooring dolphins. PND had been extensively involved with Seward over the years and he fully supported this resolution. Devin Putney stated he was part of a small group of citizens concerned with the city camera surveillance policy. He felt there were some things missing in the policy and it was unclear if councils in the future could take advantage of it. It was unclear where cameras would be going. He would like to know where the cameras would not go, possibly. It might give people peace of mind. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda 1.1 City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38 Page Motion Passed Unanimous Resolution 2010-087 was pulled from the agenda by administration. The attorney's report was added to the agenda under Special Orders, Presentations and Reports. Rescheduling the September 28, 2010 Library/Museum Work Session was added to the agenda under New Business Items. The following items were removed from the consent agenda:. Ordinance 2010-006, Amending Seward City Code §2.25130 And 2.25135 Adding Operation And Maintenance Of The Seward Museum To The Library Department Of The City Of Seward And Renaming The Department The Library Museum Department, Resolution 2010-084, Authorizing The City Manager To. Reassign Supervisory Duties From The Deputy Harbormaster To The Senior Administrative Assistant Reducing The Range For The Deputy Harbormaster To A Range`165-18.5 And Increasing The Range For The Senior Administrative Assistant To A Range 12-14'. The clerk read the following approved consent agenda items; The September 7, 2010 Special City Council Meeting and the September 13, 2010 Regular City Council Meeting Minutes Were Approved. Approved Election Board Workers; Betty Skinner, Mary Williamson, Mark Kansteiner and Rose MacSwain. Approved Canvass Board Workers; Lori Draper, Kim Reierson, Jackie Campbell and Marsha Vincent. Approved the Restaurant Eating Place Public Convenience License for Terry's Fish and Chips. Non -Code Ordinance 2010-003, Authorizing The City Manager To Enter Into A Revised Contract With The International Brotherhood Of Electrical Workers (IBEW) Effective July 1, 2010 And Ending June 30, 2013. (Introduced and set for public hearing October 11, 2010) Ordinance 2010-004, Adding Section 15.10.245 Wind Energy Conversion Systems (WECS) To The Seward City Code Establishing A Process And Standards For The Siting, Construction, And Operation Of Wind Energy Conversion Systems (WECS) As Permitted Secondary Uses And Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 To Allow WECS In The RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS And P Zoning Districts. (Introduced and set for public hearing October 11, 2010) City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page Ordinance 2010-005, Amending Seward City Code 15.10.140 Definitions To Allow Accessory Buildings On Adjacent Lots Of The Principal Building Or Use Served. (Introduced and set for public hearing October 11, 2010) Resolution 2010-085, Authorizing The City Manager To Extend The Maintenance And Operating Agreement With Seward Ship's Drydock, Inc. Through January 31, 2011. Resolution 2010-086, Authorizing The City Manager To Enter Into A Contract With City Electric Inc. To Reroute The Transmission Line For The North Forest -Acres Levee Project And To Spend Up To $178,828.40 For The Project. Resolution 2010-088, Accepting A 2010 Designated Legislative Grant For Commercial Passenger Vessel Harbor Security Coast Guard B0dling Relocation For $300,000 And Appropriating $116,681 From Commercial Passenger Vessel Proceeds, .For A Total Appropriation Of $416,681. Resolution 2010-090, Accepting A 2010 Designated Legislative'Grant For Mooring Dolphins And Dock Improvements At Seward Marine Center ,In The Amount Of $1,500,000, And Appropriating Funds. Resolution 2010-092, In Support Of The _Alaska Railbelt Cooperative Transmission And Energy Company. Resolution 2010-093, To Adopt The Reliability Standartl9 For Interconnection For Railbelt Transmission System Operations.. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations: and Awards A welcome for the _Coastal Villages Retreat. The Seward Rotary :-was chosen as an Award Recipient by the Seward Historic Preservation. Commission and a proclamation was read. Shannon Kovac:. was chosen as an Award Recipient by the Seward Historic Preservation Commission and a proclamation was read. Congratulations were given to Jimmie Foster, National Commander of the American Legion. A proclamation was read for Domestic Violence Awareness Month. City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38 Page City Manager's Report, City Manager Phillip Oates stated there had been no purchases approved between $10,000-50,000 since the last Council Meeting. Representative Seaton would be in Seward tomorrow and would be meeting with the City Manager and the Vice Mayor. The Harbor would be turning off water to the floats soon, with year-round water remaining at T-Dock and F float. Matt Chase was promoted to the Harbor Worker III position. Breakwater rock placement for the East Breakwater extension had begun and would continue through October 31, 2010. The installation of the Security (Z) floats had been advertised, the opening took place September 27, 2010, and the installation contract would come before council at the October 11, 2010 meeting. The floats should be installed and available for moorage July 2011. The grant funded project for dredging the cruise ship basins and approach would begin this month. In Community Development, the Summit (pertaining to gravel, flood, and navigability issues) would be Friday, October 8; 2010 at the Rae Building with a local tour beginning at 8 a.m. The public was welcome and the final agenda was available on the City website or could be obtained through the Community Development Department. In Public Works, crews were able to locate and repair the problem with the 3`d Ave Sewer Line. They should have the road paved bnd reopened by the evening of September 24, 2010. This was an unbudgeted expenditure but had to be resolved prior to winter. Crews were half complete with sewer flushing and intended to complete flushing before winter. Crews were preparing for winter and needed to find a solution for tire storage. Winter sand was in and the sand shed and Metco were full. Public Works planned to reditch Lowell Point road next week. In the Electric Department, the City Electric Utility experienced two separate, unforeseen, service interrupting incidents last week. The first of these outages involved the work on the transmission line repair. The electric department used the back-up generators from four to five hours. The second incident began September 18, 2010 with a burned out fuse, but experienced short outages in the following days. The electric crew scheduled an outage in the harbor area to replace additional fuses which had�'at least temporarily, alleviated the outages. The electric department was continuing to analyze the data to completely correct the problem. In the Fire Department, the 48th Alaska Fire Conference started today, September 27, 2010 and was scheduled through October 2, 2010. The number of visitors planning to attend the conference was approximately 320. The live fire evolutions for the conference would be on September 30, 2010. Police Lieutenant Butch Tiner addressed the Seward Police Department's role in the recent credit card fraud. Last week they received a rash of fraudulent credit card reports and had since contacted the Secret Service, the Alaska Troopers, and the fraud and loss prevention from the banks to try and determine where the breach in security came from. About 20 people had approached the SPD and about 11 to the Troopers, which was a unusually high number. The SPD continued to notify the other fraud agencies and encouraged public to contact them and monitor their accounts. Dunham asked the public to contact SPD and the higher authorities. The SPD was not the investigating agency, but they would like to keep track of the situation. City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page . Mayoral Report, Mayor Willard E. Dunham stated the Resource Development Council for Alaska (RDC) invited him to be a key note speaker on Seward's Ninth Circuit Appeal with the Trustees of Alaska. He received a lot of questions and discussions on the lawsuit and court findings. He received a pleasing response. Dunham stated he and Oates were looking forward to meeting the new Alaska Railroad CEO. The U.S. Army Corps of Engineers offered to take he and the City Manager to look at the new breakwater and rock. Representatives from the Alaska Department of Fish and Game would be here in November to discuss a fish enhancement program. Dunham had talked to the Commissioner of Fish and Game, Denby Lloyd, who said they would work on getting word back to us on a potential enhancement program. He encouraged a l- o attend the Seward Summit on October 8, 2010. City Attorney Report. City Attorney Rob Johnson gave the attorney report from July 21, 2010 through September 20, 2010. The attorneys had been active and involved in personnel and public records questions, administrative matters, provided assistance in land_ ;use issues, most specifically for the land taking of tract B for the North Forest Acres Levee Road Project. They worked with the Harbor and SMIC on land use:: matters, including harbor compliance, vessel impoundment, leases, easements, permits and other contract negotiations. The attorneys worked with the Electric Department on the city's utility easement rights and contract matters. PUBLIC HEARING Ordinance 2010-002, Repealing And Re-Enactih- eward City Code Chapter 7.10, Harbor & Port Facilities. Notice of the public hearing being posted and published as required by law was noted and the public hearing was "opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Shafer), Enact Ordinance 2010-002 Oates was proud to bring this to the council for their consideration. PACAB had been heavily involved as well as: council Harbormaster Kari Anderson thanked PACAB for their efforts. Motion (Bardarson/Shafer) Amend Ordinance 2010-002, Section 3 to be effective January 1, 2011, not January 1, 2010. Motion to Amend Passed Unanimous Keil wanted to know about loss of qualifying interest, specifically death of a slip holder. Anderson stated in the harbor, it was their policy to not approach the family immediately, and usually the family would come to the harbor when they were ready. Typically this came up when the moorage agreement was renewed at the end of the year. Each situation was different and the harbor tried to handle each one delicately. City of Seward, Alaska City Council Minutes Member 27, 2010 Volume 38, PaAe Shafer thanked those who responded to the harbor survey, and she appreciated the public input on harbor issues. Dunham thought perhaps they should clarify loss of qualifying interest more. Inheritance could sometimes take time and maybe they should look at this further in the future. City Attorney Rob Johnson believed there was probably sufficient language in this amendment that would cover the delay of inheritance. Even with notices sent out, there were appeal rights that could basically slow down the process. He felt this covered the city's needs sufficiently. Motion Passed Unanimous NEW BUSINESS ORDINANCES FOR INTRODUCTION Ordinance 2010-006, Amending Seward City Code §2:25.130 And 2.25.135 Adding Operation And Maintenance Of The Seward Museum To The Library Department Of The City Of Seward And Renaming The Department The Library Museum Department. Motion (Bardarson/Keil) Introduce Ordinance 2010-006 Amberg pulled this because of the intent to hire a curator, She and several council members did not think that was appropriate to put in this ordinance at this point. Bardarson's concern was that this was an ordinance, and it was future council's job to decide things like adding a curator position to 'the;library/museum. Motion to Amend (Bardarson/Shafer) Strike the 81h, 91h, and 10`h Whereas', removing the language concerning a museum curator position. Motion Passed Unanimous Main Motion Passed RESOLUTIONS Unanimous Resolution 2010-084, Authorizing The City Manager To Reassign Supervisory Duties From The Deputy Harbormaster To The Senior Administrative Assistant Reducing The Range For The Deputy Harbormaster To A Range 16.5-18.5 And Increasing The Range For The Senior Administrative Assistant To A Range 12-14. Motion (Bardarson/Keil) Approve Resolution 2010-084 1 3 City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page Anderson stated this was a range change for two of her harbor employees. After working for the harbor for a couple years, she had been observing the roles and responsibility. Anderson found it difficult for her and her deputy to evaluate their administrative staff. This was to change the supervisory positions — the Deputy Harbormaster to supervise the harbor workers, and the Senior Administrative Assistant to supervise the administrative workers. This was a zero change to her budget and was taken to the wage committee with this result. Valdatta understood the Harbormaster or the Deputy couldn't always be there, but he didn't understand the demotion for the Deputy Harbormaster — he didn't feel this person should take a cut in pay. The supervision changes were fine, but he didn't think the change in monetary wages should change. Oates stated he did not establish wage levels; the city had a wage committee that followed a specific rubric. Anderson agreed with Valdatta's comments but noted she..was not on the wage committee and this was their determination. Why they were bringing this to council now, was because the committee evaluated the process while the Deputy position was vacant. She made changes to the job description and the new deputy was aware of the change in pay and was hired aware of the wage change. Oates stated he did have a formal mechanism to allow for external equity. It's a progressive wage scale that allowed employees to move up in their career. He stated he would always fight for fairer wages for his employees.. Keil wanted to know if this was adding additional middle management. Dunham was concerned with split. management, which he felt didn't always work well. Shafer did not have any issue with this mainly because there was no financial impact. MotionPassed Unanimous Council=recessed at 8:28 p.m. Council resumed at 8:35 pm. Buildings.Funded By The EEC-BG, Grant For- The Window And Door- Replaeement For- The City Hall, Fire Hall, And Publie Wor-lis (pulled by Administration) Resolution 2010-089, Authorizing The City Manager To Enter Into A Construction Agreement With The Metco, Incorporated For $423,027 For The United States Coast Guard Relocation Project To Construct The Phase 1— Water Line, Relocation Of The Storm Drain, Foundation, And Phase 2 - Water Line For The Development Of Z Float And Appropriate Funds. 1�`4. City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page Motion (KeiUAmberg) Approve the Laydown Version Of Resolution 2010-89 Public Works Director W.C. Casey stated deadlines were unfortunately missed to get this laydown version in the packet. The laydown before council was the official resolution to approve tonight. The project consisted of moving the Coast Guard building and doing the foundation and utility connects to that foundation. There were utility conflicts which made this a complicated job. $300,000 of the funding was received through a state grant and they were asking for $116,000 in cruise ship head tax monies. He felt they received very responsive bids and were hoping to beat the weather. Oates emphasized the grant appropriation the council had already approved tonight on the consent agenda. What this project did was preserve the location of the Coast Guard building, as their Railroad lease was ending shortly. He was concerned with relocation and not losing parking in that area. The improvements, as he saw it, did not prove to be a loss of any parking spots. Oates read the background and justification of the agenda statement into the record per the request of Mayor Dunham. Keil wanted to know if the Coast Guard would make lease payments, Oates stated they would. Valdatta asked how they would pump their sewage, With Casey stating that would be handled by URS, the proj ect managing company. They would not put in a new system, but it would be a part of the new Z Float system. Oates stated the Coast Guard was moving the current building and they were paying for it. Casey statedsomeengineering costs had been expended already. Motion Passed Unanimous Resolution 2010-091, Authorizing A Sole Source Professional Service Agreement With PND Engineers To Engineer And Design Two Dolphins And Dock Improvements For The ARRV At The Seward Marine Center For An Amount Not -To -Exceed $202,359, And Appropriating Funds. Motion (KeiUAmberg) Approve Resolution 2010-091 Oates stated the original work was done by PND. They were able to sole source through a professional services agreement. This truly solidified the deal to bring this research vessel here in Seward. Valdatta noted the south part could use a wave barrier then they wouldn't have to worry about swells banging the boat — a barrier would alleviate that problem. Ir'5 City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38, Page Oates stated $1.5 million wouldn't get anywhere close to paying for a wave barrier. Shafer agreed and pointed out the resolution stated they still needed to look for a more permanent situation for the vessel. Dunham said this was crucial to Seward. This was what administration needed to do. Valdatta understood but they needed to protect it. Keil was not a fan of sole source but felt there was enough justification in this instance. Motion Passed Unanimous OTHER NEW BUSINESS Reschedule Library Museum Work Session. Council did pot reschedule this :work session and it remained scheduled for September 28, 2010. Council rescheduled the City Clerk Interview to $ 30 p.m. on.. October 25, 2010. INFORMATIONAL ITEMS AND REPORTS (No action required) July Providence Financials Mayor/City Manager letter sent to new President and CEO of AARC, Christopher Anderson COUNCILS' COMMENTS Shafer thankedCommunity Development and the Planning and Zoning Commission for the wind energy policy. Seward had needed. something like this for a while and she was appreciative of the efforts. Ainberg welcomed.the fire fighters and thanked council and city administration. This was Amberg's last meeting and it was a joy Working with everyone and wished all luck. Smith thanked the PACAB and harbor for the work on the changes enacted today to the harbor code. The wnd.generation policy was just coming into place and they needed to keep an eye on the policies and hoped it wasn't a nightmare for someone to connect. Keil thanked Amberg for her service. More people were showing interest with council and Keil also encouraged joining boards and commissions. The boards and commissions were hard working and hoped people would consider it. Valdatta said they passed a milestone of paving the J Dock strip. City of Seward, Alaska City Council Minutes September 27, 2010 Volume 38 Page Bardarson thanked the commissions for their hard work. She didn't think the public understood how much time and effort title changes took and thanked administration as well. Bardarson also thanked Amberg for her time served. Dunham thanked Amberg for her time served. He thanked the Seward Fire Department, the Bear Creek Fire Department, the Lowell Point and Moose Pass Departments for pulling together the massive firefighters conference, the mural society for their latest mural in a day, and Parks and Recreation for their annual conference in Seward. Dunham stated the idea of staff hosting these events was commendable. Many contracts were going out from the city, and there were a lot of things going on in Seward right now. The city has done a lot of things for this small community and everyone in town should be proud of its accomplishments. He encouraged all to vote in the Kenai Peninsula Borough and City election. Seaton would be in town.tomorrow. Dunham thanked the Railroad for paving J Dock. CITIZENS' COMMENTS Deborah Altermatt apologized for not being at the beginning of the meeting to accept the Rotary Award. She would present it tomorrow at the next meeting. Altermatt stated it was boat selling season. She thanked the folks who gave PACAB credit for the code revisions. It was a large task and they felt it was very important. In response to those who said PACAB was making changes to benefit them directly, she stated this was not the case. Altermatt noted a code change that was not being made — the transfer of ownership of a slip in the event of a death. She did not agree the slip had to be relinquished immediately and felt the harbor should use more compassion and -patience when dealing withthese situations. Tim McDonald;, echoed Deborah's comments and agreed changes still needed to be made. He didn't feel they should take someone's slip until the end of the year. The Wind Energy Conversion issue was going to be messy, but he felt it didn't matter - they needed to get going on it. McDonald::felt there was a lack of understanding -between city administration and the public. From his point of view, it was an open town and cameras messed up the ambiance of the town. It just took away from the innocence andatmosphere.of the town. Council needed to provide a large bulk head with cranes, an echo grid, ice machines, and an executive fisherman's lounge to become a commercial fishing friendly town once again. Linzy Burke was here because of the camera policies. The group in attendance tonight was a young group who would -like to participate to this community and would like to be part of these decisions council made. She hoped to participate and start open communication. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Shafer was excited to see new people involved in the community. She hoped those who came recognized some of the tremendous events that occurred this evening, like the furthering of the guarantee of the research vessel Sikuliaq. City of Seward, Alaska City Council Minutes Member 27, 2010 Volume 38, Page In response to McDonald, Valdatta said someone in Homer set up a plan to transport ice from their ice plant. Smith was happy to see some younger generation stepping up to the plate. Keil echoed McDonald's first three suggestions, but doubted the fisherman's lounge was likely. ADJOURNMENT The meeting was adjourned at 9:32 p.m. Johanna Kinney, CMC Acting City Clerk (City Seal) �' 0Q Willard E. Dunham Mayor Agenda Statement Meeting Date: October 11, 2010 From: Jean Lewis, City Cle Agenda Item: Certification of the October 5, 2010 Regular City Election BACKGROUND & JUSTIFICATION: The City conducted its annual election on Tuesday, October 5, 2010. The Canvass of the election was conducted on Thursday, October 7, 2010. A report stating the final results of the election including votes cast by absentee and questioned voters are attached for your certification. The newly elected council members will be sworn and seated as the first item of business at the October 25, 2010 regular meeting. RECOMMENDATION: The Council certify the October 5, 2010 regular city election and declare the results final. la's FINAL CERTIFICATE OF RESULTS FOR THE REGULAR MUNICIPAL ELECTION HELD OCTOBER 5, 2010 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 5, 2010. Their totals are: [Note: Total Counted plus Total Rejected =Total Voted] Report of Absentee and Ouestioned Ballots Absentee ballots voted Questioned ballots voted Special Needs ballots voted Total Voted Rejected Not registered, registered too late or registered out of City Form not completed properly Signed/witnessed after election day Counted Absentee Questioned Special Needs Total Rejected Total Counted The Election Day results, after canvassing are as follows: Three Two-year Council Seats 43 3 3 49. 3 3 44 0 2 46 Flectinn l)av VntPc After ranvnoo 17-+— 'r—�-i A7-1-- Marianna Keil 207 36 243 Jean Bardarson 196 34 230 Tim McDonald 115 18 133 Ristine Casagranda 162 23 185 Write Ins 15 3 18 Final Certificate of Results Regular Municipal Election Tuesday, October 5, 2010 Paget PROPOSITION NO.1 FRANCHISE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE Do you approve a -one year franchise agreement with Alaska Pacific Environmental Services Anchorage, LLC doing business as Alaska Waste — Kenai Peninsula, LLC, for the collection and disposal of garbage and refuse? The franchise agreement would contain an option to extend for an additional one year and would provide for an annual rate review with consumer rates to be set by resolution of the City Council. Election Dav Votes After Canvass Votes Tntnl Vntac YES 180 38 - 218 v NO 79 6 85 A total of 270 people voted at this election plus _46— counted absentee votes = 316 Total. Upon completion of the canvass, it is our opinion that the attached summary of election returns compiled above, accurately reflect the final totals for the Regular City Election held Octobers, 2010. eo�ld h6+ Dated this 7`h day of October, 2010. City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 C-0, September 8, 2010 Pete Slaiby Vice President Shell Alaska SEPCO 3601 C Street — Suite 1314 Anchorage, AK 99503 Dear Mr. Slaiby; CRY of Seurard, Alaska 1%3 1965 2005 All -America City Thank you for inviting us to the presentation on your Spill Response Program held in Seward on August 28, 2010. I found it very informative and the question and answer portion enlightening. The vessel Nanuq is a very impressive and obviously well run and maintained ship. We appreciate you bringing your program and guests to Seward. We look forward to working with Shell in any way that we can. If there is anything we can do for you, please don't hesitate to contact us. Sincerely, Pov 43&�Va Jean Bardarson Vice -Mayor Seward, Alaska October 2010 October 2010 November S M T W F S T 5 M T W T S T F 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 91011.1213 10 11 12 13 1415 16 14 15 16 17 18 19 20 17 18 1920 2122 23 21 22 23 2425 2627 2425 26 27 28-29 30 28 2930 31 Monday Tuesday Wednesday Thursday Friday iF— Qdotier --_ Jim and Matt (Set up for Elec(''" 7 DOarn`City Electiion 12:OOpm PACAB 7:3flprej P&Z Meeting Meeting -Canceled i 6:30prn Historic Preservation Mtg (Work Session to Follow) 7:00pm City Council 6:30 m SPD (GPS 6:30am SPD (GPS 6:30am SPD (GPS 6:30arn SPD (GPS Meeting Tracking) Tracking) Tracking) Tracking) 11:30am Seward _ Community Library & Museum Building Committee . MotoN Aokmen' 7:000,m Fish & Game Advisory Board - 21E — -- ------ Alaska_Day (Offices Closed _ „ �6 0rom P&Z Work Session 12:OOpra1, PACAB Work— 9 Dgam'Social Security --- ---2' Session Rep 6:30prn Historic r' Preservation Meeting $ CC (Jo Interview) ' .7 tl0pm; CC WE 7%OQpint'CC WS - 7:DQpM City Council (Long-range Meeting I financial plan) Nanci Richey 1 #-:JS • rl 10/6/2010 12:12 PM N ovem r O November 2010 December 2010 " S M T W T F S S M T W T F S 1 2 3 45 6 1 2 3 4 7 8 9 10 11 12 13, 5 6 7 8 9 `10 11 14,15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 2324 25 26,27 19 20 21-22 23,24.25 28 29 30 26 27 28 29 30 31 Monday.. Tuesday Wednesday ThursdayFrida -Niziember li z 3 4 :OOp . CC WS (Budget General Election 7:30pm P&Z Meeting pm City Council Meeting 6:00pm CC WS (Capital Budget) 7:00.pm City Council Meeting — 10 eteran's Day (Offices Closed', 11`30am Seward Community Library & Museum Building Committee (Library Basement) 18�---- 6:30pm P&Z Work Session 12:00pm PACAB Work 9:00am Social Security Session Rep 6:30pm Historic Preservation Meeting 291 30 1 Nand Richey 2 10/6/2010 12:06 PM