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HomeMy WebLinkAbout11262012 City Council PacketLI Seward City Council Agenda Packet tOtbflhtatro Mayor -Nordhisat Yonezawa atindl Seward Mayor Seaward tOtbalhuuro Welcome 1P'aurttw, October 3,n, 20112 Olb i htaro, ja paurn November 26, 2012 City Council Chambers Beginning at 7:00 p.m. 1963 1965 Zoos The City of Seward, Alaska CITY COUNCIL MEETING AGENDA ai t I'r {Please silence all cellular phones and pagers during the meetin g} November 26, 2012 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Jean Bardarson signed in will be given the first opportunity to speak. Time is limited Vice Mayor to 3 minutes per speaker and 36 minutes total time for this agenda Term Expires 2014 item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk (*). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer Council Member 1. Introduction of the Teen & Youth Center (TYC) Council Term Expires 2013 2. Recognition for Maggie Wilkins, Alaska Recreation and Parks Association's New Professional Award Recipient ........ Pg. 4 Marianna Keil 3. Recognition for Amy Carney and Lee Poleske, State Archival Council Member Certificate of Excellence Recipients Term Expires 2014 B. City Manager's Report Ristine Casagranda C. City Attorney's Report Council Member D. Mayor's Report Term Expires 2014 E. Other Reports and Presentations 1. Volunteer Ambulance Services Presentation by Randall James Hunt Rydberg City Manager 2. Seward Volunteer Ambulance Corps (SVAC) Presentation 3. Obihiro Travel Report by Seward Delegation Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda November 26, 2012 Page I 7. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda — Ordinances for Introduction 1. Ordinance 2012-010, Amending Title 14 Of The City's Code Of Ordinances To Provide For Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution System. (postponed from the September 10, September 24, and October 22, 2012 meetings, original motion made by Terry and seconded by Shafer)................................Pg. 5 8. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2012-011, Revising The City Code To Eliminate The Requirement For Electrical Deposits For Reserved Moorage (Tenant) Customers At The Small Boat Harbor And To Eliminate The Requirement That Reserved Moorage Vessels Must Be Connected To Electric Service................................................................................................... Pg. 82 B. Resolutions 1. Resolution 2012-086, Authorizing A Contract Through December 31, 2013, With All Alaska News Unlimited, LLC For Display Advertising In The Seward Phoenix Log At A Reduced Rate Of $210.00 Per Week...............................................................Pg. 96 *2. Resolution 2012-087, Authorizing The City Manager To Accept A Grant In The Amount Of $2,508,000 From The Alaska Department Of Environmental Conservation Municipal Matching Grant Program To Construct The North Seward Water Storage Tank, Agreeing To The Terms And Conditions Of The Grant Agreement, And Authorizing $170,000 For State Grant Administration Surcharge Fees And Appropriating Funds.....................................Pg. 102 *3. Resolution 2012-088, Supporting The Qutekcak Native Tribe's New Early Childhood Development Center....................................................................Pg. 117 *4. Resolution 2012-089, Stating An Intent To Fund $575,000 For The Lowell Canyon Water Tank Refurbishment Project Subject To Receiving A Loan For That Amount From The Alaska Department Of Environmental Conservation Drinking Water Fund, Authorizing A Loan Application With The ADEC Drinking Water Fund And Authorizing The City Manager To Accept A Loan Offer From The ADEC Drinking Water Fund With Payments Subject To Bi- AnnualAppropriation.................................................................................Pg. 118 *5. Resolution 2012-090, Appropriating $25,000 In One -Time Project Management Fees To The Capital Acquisition Fund For Capital Budget Needs ............................Pg. 159 6. Resolution 2012-091, Appropriating $208,150.00 Of Commercial Passenger Vessel (CPV) Tax Funds To Provide Pavement Repairs And Striping At The Alaska Railroad Corporation (ARRC) Cruise Ship Terminal And Replacement Of Depleted Passive Anodes On The ARRC Cruise Ship Dock In Support Of Cruise Ships And Their Passengers .......... Pg. 162 City of Seward, Alaska Council Agenda November 26, 2012 Page 2 *7. Resolution 2012-092, Approving The Use Agreement Between The City Of Seward And The Alaska Vocational Technical Center(AVTEC).............................Pg. 168 C. Other New Business Items * 1. Approval of the October 8, 2012 City Council Regular Meeting Minutes, the October 22, 2012 City Council Regular Meeting Minutes, and October 22, 2012 City Council Special MeetingMinutes......................................................................................Pg. 185 2. Reschedule the Work Session on Ordinance 2012-010, Amending Title 14 Of The City's Code Of Ordinances To Provide For Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution System. 3. Schedule January Work Sessions on Budget Policy Items. (Terry) 9. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. Providence September Financial Report.......................................Pg. 199 b. Seward Library Museum Project Update......................................Pg. 202 c. Kenai Peninsula Borough Letter to City Council RE: Borough Planning Commission approval of vacations of rights -of -way and portions of utility sewer easements within the City of Seward (Clerk's Note: this action was also approved by Seward City Council Resolution 2012-071 and by the Seward Planning and Zoning Commission by Resolution 2012- 014 which recommended this borough approval)...............................................Pg. 204 10. COUNCIL COMMENTS 11. CITIZEN COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda November 26, 2012 Page 3 .�Oury ,� �'`� �� " �° Ott. I>R.O C l_A MATT O N ` ` ` ` �` '7HE k l.AfE f0 9P WI EREAS, the ALasO Recreat�ov. � Park, Assoc,,at'bOV,'s (A2PA) avwwuaL statewide educat'bovt,aL aovLfereoze was held recewtL� Lv,, Avkzhora�e; avzd WHtER.EAS, ARPA's vdss'bovL bs to support a�ewc�es, �v�st�tut�ovts, bus'bvt,esses, orq2vdz2t'bovt,s avid 'WO'WiLduaLs who provide or advocate for par�zs, recreat'Lov�. a v,-d wUAa vO prock ra vi.s a vO f a c.UEtEes; a wd MiER.EAS, AT-zT>A's award pror rave avid presewtat�ov,,s traditiowaLL� puvLLtuate the ear's actMt�es at the covLferevze; avid WHtER.EAS, Maeq'Le WU, zibiLs dewt.ov,,strated her Leadersk p ab�L�tLes dur'W,g the 2010 avid 2011 ARPA coviferevzes throRgk host�vt,g, cooOd vt,at�wq awd LePAVLO educat�owaL sess�ows; awd WI-FEReAs, Maee�e hPs served as the sports 2o,d Recreat�ov�, Coord'Lwator for the C�t� of SewPrd'S Par�zs �; Recrekt ova, Departwt.evLt for the past six ears avt,d recevutLU accepted the pos�tEow as the Teev- 2VO Youth Cev,,ter Coord�Akor, a wd WHEREAS, o vL presevt,ted Maggie WUZ'LAs ded�cat�ovt, to Seward Par�Zs Assoc�at'Loi&. October 1.2, 2012, the A ----PA Awards Cov�tvildttee the prestigibous New Profess'LovuaL Award for her avud Recreat�ovl, av,,d ALaslea Recreat'ovt, avid Para NOW, TH-ER.EFOR.E, 1, paved seaward, Mayor of the C�t� of Seward, ALas�za do kereb� coo gratu.Late avid covltmevO M2ggc e VVUz,vus for her cowt.vK. tvmvut avid cowtpassiovt, for aLL SPR.1, avid TYC participav�ts. gated this 26th of November, 2012 TFte CITY OF SEWARD, ALASKA pavid Seaward, Mauor Sponsored by: Hunt Introduction: September 10, 2012 Introduction Postponement: September 24, 2012 Introduction Postponement: October 22, 2012 Introduction Postponement: November 26, 2012 Public Hearing: December 10, 2012 Enactment: December 10, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING TITLE 14 OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR INTERCONNECTION OF SMALL RENEWABLE ENERGY SOURCES TO THE CITY'S ELECTRICAL DISTRIBUTION SYSTEM WHEREAS, the city council encourages the development and use of alternative energy production; and WHEREAS, the interconnection with the city's electrical distribution system should be allowed, provided that alternative power sources do not adversely affect the city's system or delivery of power to other electric customers, and WHEREAS, the city council wishes to allow alternative energy that is safe to users, the public, and electric utility employees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.01.015 Definitions is amended as follows: Str-ikeeut = Delete Bold = New 14.01.015. - Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be as follows: Alternative power source. Means electrical generation fueled by renewable resources such as wind, solar, geothermal, biomass, or water. An alternative power source does not include fossil fuel generation. Applicant. Means a person, including a corporation, partnership, association, and governmental unit or agency, who requests utility service or the extension of utility facilities or CITY OF SEWARD, ALASKA ORDINANCE 2012-010 interconnection under these provisions and who may be synonymous, as circumstances permit, with "developer," "owner," "contractor," "builder," and similar terms associated with the improvement and development of real property and the construction of buildings and related improvements and their heirs, successors. Application for interconnection. Means the application for interconnection of alternative power source that must be completed by any customer wishing to interconnect to the city's electrical distribution system as an independent power producer. BOD (denoting biochemical oxygen demand). Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter. Building drain. Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. Building sewer. Means the extension from the building drain to the service connection or other place of disposal. Certificate of Completion. Means the form completed by the applicant for interconnection and the electrical inspector having jurisdiction over the installation of the facilities indicating completion of installation and inspection of the interconnection. Class A facility. Means non -utility generator installation of 10-kVA output or less, where the system stiffness ratio is at least 100. Class B facility. Means non -utility generator installation with an output of between 10- kVA and 100-kVA, where the system stiffness ratio is at least 50. Class Cfacility. Means non -utility generator installation with an output of between 100- kVA and 1000-kVA, where the system stiffness ratio is at least 30. Class D facility. Means non -utility generator installation with an output of between 1000-kVA and 5000-kVA, where the system stiffness ratio is at least 20. Class of service. Means the type of service rendered by the city to a customer under a particular rate schedule. Clean -out. Means a pipe inserted into the sewer extension through which a cleaning device can be inserted into the sewer extension. Page 2 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Collection system. Means the system of public sewers to be operated by the city and designed for the collection of sewage. Combined sewer. Means a sewer receiving both surface runoff and sewage. Commercial service - Demand metered. This classification applies to demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand is equal to or greater than 25 KVA. Commercial service - Non -demand metered. This classification applies to single phase, non - demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand capacity is less than 25 KW, and by multiple dwelling units when supplied through one meter. A residential service through which an additional service point not directly associated with the primary residence is likewise serviced will be billed under this schedule. Customers will be classified as non-residential unless they are clearly a residential account. The burden of proof will be on the customer. Commercial user. Means a person or premises used for commercial or business purposes which discharges domestic waste, not industrial waste. Composite. Means the make-up of a number of individual samples so taken as to represent the nature of sewage or industrial wastes. Constituents. Means the combination of particles or conditions which exist in the industrial wastes. Contribution -in -aid -of -construction. Means that sum of money representing the cost of making additions or modifications to utility distribution facilities and underground installations, which the applicant or customer must pay as a condition precedent to installing the facilities requested, and which becomes the property of the city and is not otherwise subject to refund to the contributor. Contributor. Means an individual or entity willing to fund alternative power generation through voluntary monetary donation(s). Customer. Means the person, partnership, corporation, or entity in whose name a utility account is held and the occupant, resident, or tenant of any premises served by a city utility. In those cases where a utility service is not separately metered to individual tenants in a building, the landlord/owner shall be considered a customer. Delivery point. Means the location where city electrical distribution system terminates its equipment or conductors and at which the customer assumes responsibility for construction and maintenance of the electrical facilities. Page 3 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Demand. Means the maximum rate of delivery of electric energy during a month, measured in kilowatts (KW) registered over a 15-minute period by a demand meter. Domestic waste. Means any sewage emanating from residential dwellings or from domestic activities by or for private citizens having a BOD of less than 250 ppm and/or a total suspended solids of less than 250 ppm. Economically feasible. Means an extension of distribution facilities will be considered economically feasible if anticipated annual revenue from the project will recover all annual costs plus reasonable margins to provide service to that point, and that this balance of revenue to costs/margins can reasonably be expected to continue for the service life of the facilities constructed for the requested service extension. Electric service. Means the availability of electric energy at the point of delivery for use by the customer, irrespective of whether electric energy is actually used. Electrical distribution system. Means all electrical wires, equipment, and other facilities owned or provided by the city that are used to transmit electricity to customers. Engineering. Includes the preparation of electric layouts, designs, specifications, and other drawings and lists associated with electric construction. It also includes, but is not limited to, making construction estimates, inspecting construction for conformance with design criteria and specifications, staking, right-of-way acquisition, and similar and related activities necessary to the technical planning and installation of electric distribution facilities. Fault. Means the event when one or more electrical conductors contact ground and/or each other. An electrical system that allows current to travel along an unintended path, often where very low electrical impedance is encountered. Garbage. Means all animal and vegetable refuse from food or food preparation, dead animals, and the accumulation from restaurant grease traps, but not dish water nor wastewater, ice, salt, and similar materials. Independent power provider. Means an electrical distribution system customer who has developed or is developing an alternative power source. Industrial. This classification applies to electrical services with demand equal to or greater than 750 KW. Industrial services with demand of equal to or greater than 5,000 KW will be served by contract only, and only by cost -based rates of those services. Page 4 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Industrial user. Means a person or premises which discharges sewage having the characteristics of industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/or which has a total suspended solids of 250 ppm or greater. Industrial wastes. Means the sewage from industrial manufacturing processes, trade, or business as distinct from domestic waste. Interconnectfacilities. Means the electrical wires, switches, and other equipment used to interconnect a generating facility to the electric system. Interconnection. Means the physical connection of a generating facility to the electric system so that parallel operation may occur. Interconnection agreement. Means the agreement by the applicant to comply with standardized terms and conditions governing the interconnection of generating facilities pursuant to these standards. The interconnection agreement may be modified to accommodate terms and conditions specific to individual interconnections, subject to the conditions set forth in this title. Key box (curb valve, curb cock). Means the shut-off point for water service, which is the property of the customer. Mobile home. Means manufactured housing, as defined in section 8.15.110 of this code, built on a chassis and/or in accordance with Department of Housing and Urban Development standards contained in Code of Federal Regulations Title 24, Chapter 20. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation required. Mobile home park. Means any parcel, or adjacent parcels of land in the same ownership, which is used for occupancy by two or more mobile homes. The term does not include camper parks as defined in section 8.15.110 of this code. Multiple residential structures. Means any building or collections of buildings having common walls, containing two or more residential units, which include such common residential arrangements as apartments, townhouses, row houses, and condominiums. Natural outlet. Means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or ground water. On -site sewage disposal. Means the use of any privy, cesspool, septic tank, or similar facility for disposal of sewage which is not connected to the collection system. Page 5 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Parallel operation. Means the synchronous operation of a generating facility while interconnected with the electrical distribution system. Permanent electrical service. Means service entrance and metering equipment installed at a given location with intent to remain for the useful service life of the city's electrical facilities constructed for that service. The equipment will be mounted on a city pole, or customer's building, or other structure on a permanent, non -moveable foundation. The city reserves the right of final determination of whether a service will be classified permanent. All facilities will be designed and installed in accordance with applicable codes, standards, and practices of the industry for the class of service offered. pH. Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Point of delivery. Is that predetermined location where the city terminates its equipment or conductors and connects with the customer's equipment or conductors. Premises. Means the real property of the customer in a single location being served by the city. Pretreatment. Means that physical treatment given to sewage prior to discharge into the collection system, or those processes utilized for this purpose. Primary service. Means the conductors and equipment necessary to supply the customer with electricity at the available primary voltage above 480 volts. Primary voltage. Means the voltage supplied to the high voltage side of distribution transformers, which include three-phase service 7,200/12,470 and 14,400/24,900. Properly shredded garbage. Means the remnants from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the collection system, with no particle greater than one-half inch (1.27 centimeters) in any dimension or overall. city. Public sewer. Means any sewer collection system operated by or under the authority of the Public works department. Means the City of Seward public works department. Raceway. Means a channel for holding wires, cables, or busbars, which is designed expressly and used solely for that purpose. Receiving waters. Means those natural outlets into which sewage is discharged. Page 6 of 23 1� CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Refuse. Means all garbage, rubbish, and waste material. Residential or domestic user. Shall mean a person or premises who discharges an average normal volume of domestic waste to the collection system. Residential service. Means the providing of a utility to a single-family dwelling. Except for "home occupations" as defined in sections 15.10.140 and 15.10.240 of this Code, activities of a nature requiring a business license, advertising, or whose profits and expenses are shown against federal income taxes will be classified as "commercial." Rubbish. Means tree and plant trimmings, paper products, rags, rubber, carpets, clothing, straw packing, packing materials, furniture, and all other kinds of combustible waste material which ordinarily accumulates in the operation of a household or business. "Rubbish" does not include manure or waste from any yard or stable. Sanitary sewer. Means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Secondary service. Means service at available voltage of 480 volts or less. Secondary voltage. Means the voltage for delivery directly to the service entrance of the customer, i.e., the low voltage side of a distribution transformer-,-of(utilization voltage). Security lights. Means a fixture or fixtures installed to illuminate private homes and areas, including places and areas to which the public has access but which are privately owned and controlled. Service. Means the furnishing of a utility to a given location. Service connection. Means the pipe and appurtenances required to connect an individual property or facility to the sanitary sewer. The service connection shall start at the collection system and terminate at the property line or easement limit and shall not include the building sewer. Sewage. Means any combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage treatment plant. Means any arrangement of devices and structures used for treating sewage. Sewage works. Means all facilities for collection, pumping, treating, and disposing of sewage. Page 7 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Sewer. Means a pipe or conduit for carrying sewage. Slug. Means any individual or combined discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation. Storm drain and storm sewer. Means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Street light. Means a system or fixture of such system, for the illumination of streets, alleys, and other public places and areas, installed and operated at public expense. Subdivision. Means a tract or parcel of land divided into two or more lots, sites, or other divisions according to applicable law. Suspended solids. Means solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Tariff. Means the City of Seward Utility Tariffs as approved by the city council and amended from time to time. Technical requirements for interconnection. Means the document that contains the applicable engineering criteria prescribing the technical interconnection, protection, and metering requirements for any alternative power source to be connected to the electrical distribution system and may be amended by resolution from time to time. A copy of the technical interconnection requirements is available from the electric department. Temporary secondary service. Means service provided on an interim basis during a construction phase or any other service provided by use of facilities which cannot be reused or continued as permanent facilities and must be removed when the temporary need has ceased. The duration of the service will not exceed 180 days. Thaw wire. Means the wire leading from the water main, parallel with the service line, and coming up to the ground surface at the key box. Toxic. Means constituents of sewage which are considered from time to time by the U.S. Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely affecting facilities or conditions similar to the collection system, the sewage treatment plant, or the receiving waters. Page 8 of 23 12 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 Waste material. Means broken crockery, glass, wire, ashes, cinders, bottles, tin cans, metals, and other similar noncombustible waste material resulting from the operation of a household or business. Discarded vehicle bodies or other bulky or heavy objects, waste material resulting from any manufacturing, building, or construction operation, and similar materials shall not be considered waste material and must be disposed of by the property owner. Water connection or water service connection. Means that part of the water distribution system, including pipe and appurtenances, used to conduct water from the water main to a point at or near the property line of the premises to be served. Water connection extension. Means that part of the water distribution system extending from the water connection into the premises served. Section 2. Seward City Code Title 14, Chapter 15, Article 4 Interconnection to Customer - Owned Alternate Technology and Fossil Fuel Standby Generation Equipment is amended as follows: Str-ikeettt = Delete Bold = New Article 4. -Interconnection to With Customer -Owned Alternat e-ive''� of N and F, ssil F••d Standby Power Source Generation Equipment 14.15.410. — Alternat e-ive teehaology generation Power Source. The city will permit the interconnection and operation of alternate tech e' eg- gene..,+; ive power source facilities s,Neh as wind energy eenver ion s stsmall seale hydr-eeleetfie f4eilities with its integrated electrical distribution system upon compliance by the customer with the following provisions and upon issuance of an interconnection permit by the city. A permit shall be subject to the customer's compliance with all provisions specified in this Article and signature on an "Interconnection and Power Purchase Agreement for Independent Power Provider.": ral C=7 "rr-_ .-.- --"--. the _..J ... ...._._......__.. ...... .w ...,a�au a..� least tau��- aaiviztiiru Je- make any eenneetion in pfief to the date on whieh the eustome Nl1IYM'. Page 9 of 23 �J CITY OF SEWARD, ALASKA ORDINANCE 2012-010 rM manufaetur-ef-,. ■ mew. i. .• AELLMI "". A. Categories. An independent power producer is categorized into four non -utility facility classes A - D (see definitions). B. Capacity and transformer limitation. Provided adequate capacity exists on the electrical distribution system where the alternative power source is to be sited and the independent power producer complies with all requirements specified in this Article, interconnection may be permitted. However, interconnection of an alternative power source to the electrical distribution system is limited to: 1. 1.5% of the minimum demand per substation average retail demand for the circuit to which the alternative power source is connected and on a first come, first serve basis, as determined by the electric department, and 2. Total nameplate capacity of 25 kilowatts or less delivered into the electrical distribution system, and Page 10 of 23 H CITY OF SEWARD, ALASKA ORDINANCE 2012-010 3. Only one alternative power source per distribution transformer and, in general, a customer -owned single-phase generating facility greater than IOKW shall not be allowed to be connected to a three-phase distribution transformer. This requirement may be waived by the electric department when the department deems it appropriate under the circumstances. C. Independent power producer responsibilities. The independent power producer shall be responsible for acquiring the site for the project, installing the generating facility, and complying with all of the applicable requirements set forth in this code, including any amendments that may be required. The independent power producer shall also be solely responsible for obtaining all easements, licenses, and relevant permits (building, floodplain, variance, utility, dig, etc.) of every type, and all costs and expenses of every type or nature, relating to the permitting, purchase, operation, and maintenance of the alternative power source. D. Compliance. The independent power producer shall comply with all applicable local, state, and federal laws, regulations, and codes, including, but not limited to, environmental laws, safety standards, building codes, National Electric Code (NEC), and National Electric Safety Code (NESC) for the construction and installation of an alternative power source, as well as the technical requirements for interconnection. E. Right of refusal. The utility manager reserves the right to refuse interconnection with alternative power source facilities or to limit the number of interconnections with alternative power source facilities on any single substation circuit if it is determined by the city that any such interconnection would be harmful or hazardous to its system, its employees, or other customers. If a proposed interconnection is refused, the city will provide the customer within three months of the complete application request, written notice of refusal, including a statement of the reason(s) for the refusal. F. Unauthorized interconnection. If an unauthorized interconnect is found, the city will immediately terminate service to those facilities and reconnect the service only when all conditions of these provisions are satisfied. 14.15.415. Interconnection Requirements, Procedures, and Application Process for Responding to Inquiries From an Independent Power Producer for an Alternative Power Source Less Than 25KW. A. Application. 1. All customers (independent power producers) desiring to build an alternative power source within the Seward city limits and interconnect with the electrical distribution system must submit a building permit, and all other applicable permits (i.e., Page 11 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 floodplain, utility locate/dig, etc.), and "Application for Interconnection." (Available from the electric department.) 2. All customers (independent power producers) desiring to build an alternative power source facility outside the Seward city limits and within the city's electrical service area must meet all Kenai Peninsula Borough requirements and will need to submit an application for interconnection in a form provided by the electric department, an independent power producer permit certification, and obtain a dig/utility location permit from the city. The certification shall be provided upon the independent power provider's permit certification form available from the electric department. 3. For existing permitted facilities within and outside the Seward city limits seeking to connect to the electrical distribution system, the independent power producer need only submit the application for interconnection. 4. The application for interconnection must be submitted at least 90 days prior to the date on which the customer intends to make any connection in any way to the electric circuitry common to the electrical distribution system. 5. The application for interconnection and building permit, if required, must be accompanied with complete documentation of the intended alternative power source, including, but not limited to: site location, schematics, wiring diagrams, performance specifications, descriptions of energy storage devices, circuit protection equipment, regulating equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. 6. The electric department will provide the independent power producer applicant a copy of the current technical requirements for interconnection outlining the equipment requirements. All applicable provisions of the technical requirements for interconnection must be satisfied before an interconnection permit can be issued. 7. The electric department will provide the independent power producer applicant a copy of the interconnection and power purchase agreement for independent power provider for interconnection, power purchases, and power sales. Prior to interconnection and power purchase being authorized, the independent power producer applicant must return a signed agreement. 8. A non-refundable interconnection application fee may be required by the electric department based on the size of the alternative power source facility. 9. All interconnection requests pursuant to this Section will be reviewed by the city for compliance. If the electric department finds the application does not comply, the Page 12 of 23 '�o CITY OF SEWARD, ALASKA ORDINANCE 2012-010 application will be rejected and the electric department shall provide the applicant written notification stating the reason(s) for rejecting the application. B. Alternative power source protective equipment. The city reserves the right to require additional interconnection requirements for an alternative power source in order to preserve the safety and integrity of the electrical distribution system. 1. The independent power producer is fully responsible for the protection of the alternative power source and all associated equipment. 2. The independent power producer must provide protection for equipment failures, faults, and other disturbances on the electrical distribution system. 3. The independent power producer is responsible for the protection of the alternative power source from transient surges initiated by lightning, switching, or other system disturbances. 4. The independent power producer is responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate the alternative power source from the electrical distribution system for any fault occurring on the electrical distribution system. 5. The alternative power source shall be equipped to provide isolation from the electrical distribution system for any fault occurring. The automatic isolation shall be done prior to the city's breaker (or recloser) reclosing and within two seconds (120 cycles). 6. The alternative power source shall be isolated from the electrical distribution system for any under -voltage (lower than 90 percent of nominal voltage) and over - voltage conditions (higher than 110 percent of nominal voltage) within two seconds (120 cycles). 7. The alternative power source shall disconnect from the electrical distribution system for any over -frequency and under -frequency conditions exceeding 60.5 Hz or below 59.5 Hz within 50 milliseconds (3 cycles). 8. The independent power producer is responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate the alternative power source from the electrical distribution system for any voltage or frequency deviation described in subsections 5, 6, and 7 above. 9. The alternative power source requirements, to ensure reliable service, may be waived by the city when the utility manager deems it appropriate under the Page 13 of 23 1 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 circumstances. Any cost associated to achieve dedicated -to -single -customer service shall be at the independent power producer's sole expense. C. Potential special or additional equipment requirements. The electric department reserves the right to require additional protective systems functional testing (i.e., circuit breakers, switches, disconnect devices, protective relays, etc.) to ensure the safe and efficient operation of the electrical distribution system is not jeopardized by interconnection with the alternative power source. 1. The alternative power source generator nameplate voltage and frequency shall match the power characteristics supplied by the city. It is the responsibility of the independent power producer to match the voltage and frequency of the power supplied by the city. 2. The city may require the independent power producer to provide, at the independent power producer's own expense, special or additional starting equipment. 3. The independent power producer shall, to ensure proper grounding of the alternative power source, follow all applicable national, state, and local codes regarding grounding for applicable generating installations. 4. It is the independent power producer's responsibility to purchase, operate, and maintain all necessary safety equipment to keep the electrical distribution system from overheating and other harm. The independent power producer shall pay for all repairs to the electrical distribution system caused by an alternative power source overheating. D. Inspection and initial safety testing requirements. 1. The independent power producer shall complete all required interconnection safety -related testing of the alternative power source prior to interconnecting to the electrical distribution system. 2. Prior to initial energizing of the alternative power source, an inspection and/or tests will be performed by the independent power producer and the electric department personnel. The purpose of the inspection and testing will be to determine if the alternative power source meets the minimum requirements described by IEEE 1547, IEEE 519, and UL 1741, Underwriter Laboratories Inc., Standard for Inverters, Converters, and Interconnection System Equipment for Use with Distributed Energy Resources. 3. The city electric department may elect to accept the installation and energize the alternative power source, based on the inspection. Page 14 of 23 R CITY OF SEWARD, ALASKA ORDINANCE 2012-010 4. The electric department may require retesting or additional testing, in the event discrepancies are noted between the certified equipment and drawings previously provided to and inspected by the electric department. E. Alternative power source acceptance and interconnection with electrical distribution system. The independent power producer is responsible to do all that may be required to have its alternative power source certified by the city in meeting the requirements described in this chapter. The alternative power source shall not be deemed complete until such time as the electric department verifies that all of the requirements specified by the city have been fully satisfied and all testing deemed appropriate by the electric department has been completed to the electric department's satisfaction. 1. Provided that adequate capacity exists on the electrical distribution system where the alternative power source is located, interconnection of an alternative power source to the electrical distribution system shall be on a first come, first serve basis, as determined by the effective date of submission of a complete application for interconnection. 2. The independent power producer shall pay all costs associated with the interconnection of the alternative power source to the electrical distribution system. 3. The independent power producer shall pay all line extension fees in accordance with the city tariff. 4. The electric department shall, within a reasonable time, interconnect the alternative power source to the electrical distribution system. The interconnection may happen upon completion of installation of the alternative power source and receipt of the independent power producer's certifications: a. All necessary federal, state, and local permits and certifications have been obtained, including building permits and any authorization required by Title 15 of this code. b. Independent power producer certificate along with the certifications shall be provided using the forms obtained from the electric department. 5. The electric department will execute the interconnection at its convenience and at a time designed to cause no, or minimal, disruption of electric service to other customers. 6. The electric department may, in the event the independent power producer fails to pay the required costs or fees, immediately disconnect the alternative power source with no notice and the independent power producer shall be responsible for all disconnection and reconnection costs. Page 15 of 23 i I CITY OF SEWARD, ALASKA ORDINANCE 2012-010 F. Recurring safety related testing requirements. 1. The independent power producer is responsible to ensure protective relaying and control systems have available and accessible sensing input terminals or test ports, in order to perform and validate functional testing. 2. The alternative power source facilities shall meet the testing criteria contained in IEEE Standard 1547.1 "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems." 3. The independent power producer shall grant the city the right to observe functional testing of the alternative power source facilities. 4. The independent power producer shall annually test safety features of the alternative power source. 5. The electric department may require additional protective systems and functional testing (i.e., circuit breakers, switches, disconnect devices, protective relays, etc.) to ensure the continued safe and efficient operation of the electrical distribution system is not jeopardized by interconnection with the alternative power source. 6. The independent power producer must provide the electric department documented test results within five working days after the completion of the test. 7. The alternative power source is also subject to inspection and re -testing by the electric department upon reasonable notice each after the unit is placed into service. G. Point of delivery. 1. The alternative power source generated power shall be metered by the city to measure the amount of power from the city and the other to measure the amount of power delivered into the electrical distribution system from the alternative power source. 2. The electric department shall install the meters and own any and all improvements or equipment up to the delivery point, including all meters necessary to record the generation or consumption of electricity. 3. The independent power producer is solely responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly meter the alternative power source. Page 16 of 23 Zo CITY OF SEWARD, ALASKA ORDINANCE 2012-010 4. The electric department shall specify the meters to measure such parameters as time of delivery, power factor, voltage, and such other parameters. 5. The independent power producer shall provide space for metering equipment as specified by the electric department with the location of the meters to be approved by the electric department. H. Access to alternative power source facilities. 1. The independent power producer shall grant the city any necessary easements and the city shall have the right of access to and from the alternative power source and associated facilities at all hours for purposes of inspection, public safety, or protection of the electrical distribution system. 2. The alternative power source generator shall have a manual disconnect capability and the disconnect switch(es) shall be accessible, visible, and lockable in accordance with the electric department requirements. Each switch shall be appropriately labeled and disconnect switch(es) shall be lockable in the open position only. When locked in the open position, the switch may be unlocked by electric department operating personnel only. 3. The electric department will lock the switch(es) in the open position under the following circumstance: a. If it is necessary for the protection of line crew personnel when working on de -energized circuits during an emergency; b. If the inspector of the alternative power source reveals a hazardous condition or a lack of proper maintenance; C. If the alternative power source interferes with other customers, other utilities, or with the operation of the electrical distribution system; d. If the electric department determines that the alternative power source has generated power from a non -qualified resource; or e. For general maintenance of the electrical distribution system. 4. The electric department will provide reasonable notice before locking the main disconnect switch open for general maintenance as provided in condition 3 above. 5. It shall be a misdemeanor, punishable by a fine of up to $500, to remove or tamper with a lock placed on the disconnect switch by the electric department. Page 17 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 I. Modification and expansion. 1. Any future modification or expansion of the alternative power source will require a separate engineering review and approval by the electric department and the applicable permits as specified in paragraph A above. 2. The city reserves the right, once the alternative power source is operating, to require the independent power producer, at the independent power producer's sole expense, to perform such corrections, modifications, and additions as are required or recommended by government or industry regulations and standards and necessary to continue safe operation and/or interconnection of the alternative power source to the electrical distribution system. The city will provide written documentation of the necessary changes required and the time frame allowed to complete them. If the independent power producer fails to comply with the changes in the specified time frame, the city will disconnect the alternative power source. J. Operation and maintenance of alternative power source. 1. The independent power producer assumes full responsibility for the routine maintenance and operation of the alternative power source and associated protective devices. The independent power producer shall, at all times, keep the alternative power source in good repair and operating condition. 2. The independent power producer shall maintain accurate records of all maintenance activities performed. These records shall record the date and time, the person(s) who performed the activities, and a brief description of the work. These records shall be submitted to the electric department for inspection annually on or before 30 September. Failure to comply may result in the disconnection of the alternative power source or additional testing at the independent power producer's expense. 3. The independent power producer is solely responsible for all costs associated with any subsequent or re -inspection of the alternative power source. The alternative power source will have a system's operations and maintenance manual readily available to electric department employees at all times. 4. To minimize interference, the alternative power source shall meet the power quality standards presented in accordance with Section 10, Recommended Practices for Individual Consumers of the latest IEEE Standard 519, "IEEE Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems." In addition, the alternative power source shall comply with the latest IEEE Standard 1547, "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems." Page 18 of 23 a--j" CITY OF SEWARD, ALASKA ORDINANCE 2012-010 5. The independent power producer shall comply with all environmental, land use, and other regulatory requirements. The independent power producer shall defend, indemnify, and hold harmless the city from and against any and all liabilities, claims, losses, damages, or expenses of any type or kind, including actual attorney fees and expert witness fees, which may be incurred or sustained by the city by reason of any act, omission, misconduct, negligence, or default on the part of the independent power producer arising in connection with or related to the independent power producer's ownership, installation, maintenance, or operation of the alternative power source. The independent power producer shall defend, indemnify, and hold harmless the city from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations, or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained due to the independent power producer's alleged violation of any permitting, land use, or environmental laws and regulations. In the event a claim is made which is subject to this subparagraph, the city reserves the right to select legal counsel and control the defense and settlement of any such claim. Such defense shall be at the sole expense of the independent power producer. The independent power producer's indemnification obligation shall not apply to liability for damages for bodily injury to persons or damage to property caused by the sole negligence of the city and not in any way attributable to any act or omission on the part of the independent power producer. K. Damage or interference with electrical distribution system or other customers. 1. The alternative power source shall be designed to automatically disconnect and lockout when the city's electrical service is interrupted for any reason. Automatic reconnection of the alternative power source to the electrical distribution system shall be done only on Hot-Bus/Hot-Line/Sync-Check. An automatic reclose of the alternative power source breaker (or interrupting device) reconnection is permitted only after utility power has been restored for a minimum of five minutes. 2. The alternative power source interconnection with the electrical distribution system shall not cause any reduction in the quality and reliability of service provided to other customers. 3. The alternative power source shall generate no abnormal voltages or voltage fluctuations, and the harmonic content of the alternative power source output must be below that level which would cause interference with other customers' loads, other utilities, or the city's electrical distribution facilities and equipment. 4. The independent power producer shall, if the alternative power source or independent power producer's actions cause damage to the electrical distribution system, facilities, or equipment, be responsible for all costs associated with repairing damage and/or replacing the electrical distribution facilities or equipment. Page 19 of 23 ill CITY OF SEWARD, ALASKA ORDINANCE 2012-010 5. The independent power producer shall be liable for all such damages, claims, and losses if the alternative power source and/or facilities cause injury, loss, or damage to other customers on the city's electrical distribution system in addition to their facilities. The independent power producer shall be required to carry liability insurance, with the City of Seward as a named insured, to protect against injury, damages, or losses suffered by the city or its customers caused by the alternative power source. 6. The electric department will disconnect the alternative power source from the electrical distribution system until the cause of damage to or interference with the electrical distribution system or any of its customers have been remedied to the electric department's satisfaction, and costs associated with the damage or interference caused by the alternative power source or independent power producer's actions are paid in full by independent power producer. 7. When using on -site fossil fuel generation, the alternative power source must be disconnected from the electrical distribution system. The independent power producer shall provide any equipment necessary to disconnect the alternative power source. L. Electricity consumption offset; billing and payments. 1. If the city supplied more power than the independent power producer during the monthly billing period, the customer will be billed for the net electric consumption at the rate established in the tariff. If the meter reading for power into the independent power producer's facility is higher than the meter reading for power out of the independent power producer's facility, the independent power producer will be billed for the net electric consumption at the rate established in the tariff. 2. If the customer produced more power than the city supplied during the billing period, the customer will receive a credit towards the next bill, provided the customer is in compliance with this chapter and is current on amounts owed to the city. If the meter reading for power out of the alternative power source is higher than the meter reading for power into the alternative power source, the independent power producer will receive a credit, on the next bill, equal to the difference between the two readings, at a rate as determined by the tariff. 3. Following disconnection, the city will bill for amounts owed or pay the independent power producer for any net credit. The independent power producer shall pay the reasonable costs of removal, relocation, modification, or renovation of any facilities or equipment required for interconnection with, or disconnection from, the electrical distribution system. M. Interruption of alternative power source energy deliveries. It is likely that the city will require alternative power sources to be disconnected from the electrical distribution Page 200o.f 23 CI 0 1 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 systems whenever the city is generating its own power. The electric department shall have the right at any time, without liability to the independent power producer or any other person, to interrupt, reduce, suspend, or curtail generation and/or deliveries of energy from the alternative power source: 1. When reasonably necessary, in order for the electric department to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or any part of the electrical distribution system; or 2. If the electric department reasonably determines that interruption or reduction of deliveries or power is necessary because of a system emergency, a forced outage, Force Majeure, or other operational considerations. 14.15.420. Procedures and Application Process for Responding to Inquiries From an Independent Power Producer for an Alternative Power Source Greater Than 25KW. A. A request for interconnection of an alternative power source with a nameplate capacity of more than 25 KW may be subject to power sales agreements entered into by the city. The electric department shall notify the independent power producer regarding what information must be provided to enable the city to determine what additional agreement terms and conditions are appropriate given the specific circumstances of the proposed alternative power source. Such information may include the following: 1. Detailed description of the alternative power source; 2. Precise location of the alternative power source; 3. Nameplate electric generating capacity, net electric energy output, and plant factor of the alternative power source; 4. Minimum and maximum availability of firm capacity and/or energy from the alternative power source during daily and seasonal peak periods; 5. Projected date on which deliveries of capacity and/or energy would commence; 6. Plans for alternative power source construction and financing, and the acquisition of all necessary property rights, permits, authorizations, and fuel contracts; 7. Expected and demonstrated annual and seasonal reliability of the alternative power source; 8. Periods of scheduled maintenance and outages; Page 21 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 9. Plans for dispatch ability of the alternative power source; 10. If applicable, plans for acquiring access to adequate firm transmission services and the terms and conditions of such access; and 11. Any other information to assist the city in evaluating the circumstances and determining appropriate terms and conditions. B. After the independent power producer has satisfied all requirements provided for in subsection A above, and following any approval that may be required by an entity that has entered into a power sales agreement with the city, a power purchase agreement is subject to approval by city council resolution. 14.15.44-530. - Fossil Fuel Standby Generation. The city will not permit the interconnection and operation of fossil fuel standby generation facilities, such as diesel or gasoline engine drive standby generators, with its integrated distribution system under any circumstances. Diesel or gasoline driven standby generators shall be connected to the customer's load only through a double -throw switch that will prevent parallel operation with the ty's distfi utior systemelectrical distribution system. When using on -site fossil fuel generation, the alternative power source must be disconnected from the electrical distribution system. The independent power producer shall provide any equipment necessary to disconnect the alternative power source. 14.15.42035. - Customer Liability. (a) Accidents. The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain his equipment in a satisfactory and/or safe operating condition, and shall indemnify, defend, and save harmless the city from any and all claims, suits, losses, or damages for injuries to persons or property, of whatsoever kind or nature, arising directly or indirectly out of the operation of such equipment or by the failure of the customer to maintain its equipment in satisfactory and/or safe operating condition. (b) Digging permits or utility locate requests. The customer is solely responsible for the safety and security of city equipment on the customer's property whether in or out of a utility easement. The customer shall complete a digging permit or utility locate request prior to any digging, drilling, driving into the ground, or any subterranean disturbance. If "locate required" is indicated on the form, the customer shall not disturb the ground until all indicated locates are complete. The customer or his contractor shall not use mechanized equipment within two feet of any located utility. Failure to follow this procedure will make the customer liable to a $500.00 fine plus Page 22 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012-010 any cost to repair the facility. Digging permits and utility locates are available free of charge upon request and will be done expeditiously. Section 3. This ordinance shall take effect ten days following its enactment. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12'h day of November, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Seaward, Mayor Page 23 of 23 a-1 Agenda Statement Meeting Date: August 27, 2012 To: City Council Through: Jim Hunt, City Manager From: John Foutz, Utility Manager Agenda Item: AMENDING TITLE 14 OF THE CITY' S CODE OF ORDINANCES TO PROVIDE FOR INTERCONNECTION OF RENEWABLE ENERGY SYSTEMS BACKGROUND & JUSTIFICATION: Renewable and alternative energy sources have become more affordable, prevalent, and feasible for private individual land owners and business owners. One local hurdle has been a lack of intertie with the City's electrical utility system. This ordinance will change title 14, specifically the electrical portion, to allow the City of Seward to connect these systems to its electric grid and, in turn, give the customers in the City of Seward's coverage area a chance to contribute to a greener energy power portfolio. Many of the other utilities in the State of Alaska have already established similar interconnect policies and procedures. The attached ordinance change is in response to the wishes voiced by the public wanting to install, connect and run small renewable generation systems. INTENT. - To amend the City's Code of ordinance to safely allow the connection of renewable generation systems to the City of Seward's electric grid. CONSISTENCY CIIECKLIST: Yes No N/A Comprehensive Plan : Sections 2.2 Economic Base, 3.1.1.2 Update 1 and expand infrastructure..., and 3.7.3.1 Continue to upgrade and X expand utilities to meet existing needs and encourage future development 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: Financial implications will be addressed in the tariff revisions. Approved by Finance Department: 0�p ATTORNEY REVIEW: Yes—X-.--- No U — RECOMMENDATION: Approve the amendments proposed to Title 14 in Ordinance 2012-W. APPLICATION FOR INTERCONNECTION OF ALTERNATIVE POWER GENERATION Customer Name: Contact Person: Address: City: —_ Phone: Fax: Customer Number: State: "Lip Code: E-mail Address: Alternate Contact Phone: Location of Proposed Project (legal description): "I'he Interconnection Application Procedures and general Permit requirements are addressed in the City of Seward Code Section 14.15.415, Interconnection Requirements. 'I'he Interconnection Application must be accompanied with complete documentation of the Alternate Power System equipment including but not limited to: site location, schematics; wiring diagrams; performance specifications; descriptions of energy storage devices, circuit protection equipment, regulating equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. For Alternative Power System facilities within the Seward city limits, the applicant must obtain and provide the documentation required for obtaining a Building Permit. Additionally, the following information will be used to help properly design the customer I �j interconnection. This information is not intended as a commitment or contract for billing Purposes. Note: For net metering applications, the total generator size may not exceed 25KW total output, and may not be more than 1.5% of the demand per circuit. Note: If any work is required to be performed on the system side of the meter by the City of Seward Electric Crew, then a job order must be started and those costs will be paid by the applicant. Wind "Turbine: Wind Turbine Manufacturer: Model No. Supplement No. ED-01 6/13/2012 �� Rated Power Output (Watts): _ at mph Wind Speed. "l.'otal Site Load (Watts) Residential Commercial Industrial Generator Rating (Watts) Annual Estimated Generation (KWH) Inverter Manufacturer: Model No: UL 1741 "Utility Interactive" Listed: Yes No IEEE 1547 Complaint: Yes No Solar PV Type: Solar Panel Manufacturer Model No. Quantity of Solar Panels: x Nominal Rating Watts (Each) = Total Wattage Total Site Load (Watts) Residential Commercial Industrial Generator Rating (Watts) _ Annual Estimated Generation (KWH) Type of Array Mounting: Fixed "Tracking Inverter Manufacturer: Model No. UL 1741 "Utility Interactive" Listed: Yes ----No IEEE 1547 Complaint: Yes No Other Qualified Alternative Energy Generator: Describe: Customer Signature: Date: Title: Supplement No. ED-01 6/13/2012 � Q Please direct all technical inquires for interconnection to the City of Seward distribution system and return this application to the City of Seward Electric Department before purchasing and installing an Alternative Power Generator: The Electric Department Point of Contact for technical inquires is: Jeff Estes Operations Supervisor Phone:907-224-4072 Fax:907-224-4087 F�maiL Jc�t����r�c.ityolst���axd.ne1. Web Site: www.cityofwward.net City of Seward Electric Department 501 Railway Avenue Seward, AK 99664 Forms will be posted on the City of Seward Website or available at the Electric Department. The signed form with supporting documentation should be turned into the City of Seward Electric Department: 11 Shannon Huston Phone: 907-224-4073 Fax: 907-224-4087 L'mail: shuston _i),cityofseward.net Web Site: www.cityofseward.net City of Seward Electric Department 501 Railway Avenue Seward, AK 99664 Acknowledge with: Community Development: Initials Date Comments Building Department: Initials Date Comments Finance Department: Initials Date Comments -- -- -- l Public Works Department: Initials Date Comments Electric Department Approval: Approved: Disapproved: Signature Date Supplement No. ED-0I 6/13/2012 31 R.C.A. Tariff No. 4 ELECTRICITY Sheet 97, 102"" Revision Chugach Electric Association, Inc. Canceling Sheet 97, 101" Revision FL REPLICATION OF SHEET ON FILL WITH RCA - Font and Format Mav Vary — Content is Identical PURCHASE AND SALES RATES FOR QUALIFIED I - COGENERATION AND SMALL POWER PRODUCTION FACILITIES Available in all territory served by Chugach. Applicable to qualified cogeneration and small power production facilities of 100 kW or less. The type of service shall be single or three phase 60 hertz at Chugach's standard voltages. Chugach reserves the right to limit the number ol'customers receiving service under the terms ofthis schedule to one per substation circuit. Chugach further reserves the right to reduce the buyback rates for costs associated with the integration of the energy produced by the qualifying Facility into the Chugach system. Integration costs are project specific and determined thr<nrgh the completion of an integration study completed by Chugach. ltTonthlv Rates Po�Ncr sales supplied by Chugach to the customer in order to meet its electric requirements will be priced at the applicable retail rates. The rate to be paid by Chugach to the customer for kWh supplied by the customer to Chugach is the avoided cost calculated as follows: 1. Retail fuel and non -Bradley Lake purchased power expense, less recovery of fuel and purchased power costs from stearn sales, all predicted for next quarter in the determination of the surcharge rate. $ 17,275,920 2. Retail kWh Sales at G&T predicted for next quarter: 262,610.205 3. Retail Avoided Costs per kWh at G&T (Ll / L2) $0.06579 4. Avoided Costs at Primary Volta­e a) Primary kWh Sales at G&T 10,31-6.391 (Percent Primary Distribution Losses at G&T: 3.43%) b) Primary kWh Saps at Delivery 9,972, 355 c) Avoided Costs per kWh at Primary (L3 x 1-4a / 1,4b) $0.06812 5. Avoided Cost at Secondary Voltage a) Secondary kWh Sales at G&T (L2 - L4a) 252,283,814 (Percent Secondary Distribution L,oSseS at G&'T: 4.15%) b) Secondary kWh Sales at Delivery 241,819.742 c) Avoided Costs per kWh at Secondary (1_3 x 1-5a / L5b) $0.06863 These r,�rtes will change concurrently with fuel adjustment factor revisions and general rate revisions. TA Number: 352-8 Issued by: Chugach Electric Association, Inc. P. O. Box 196300 Anchorage, AK 99519-6300 l-"ftective: .luly 1.2012 .31"� CITY OF SEWARD INTERCONNECTION AND POWER PURCHASE AGREEMENT FOR INDEPENDENT POWER PROVIDER This Interconnection and Power Purchase Agreement for Independent Power Provider (IPP) ("Agreement"), dated , made by and between City of Seward (COS) and Independent Power Provider Account Number, is being entered into in order to set forth the terms and conditions under which the COS Electric Department will purchase power from an IPP and the technical guidelines (attached) with which the IPP must comply in order to be interconnected to the COS electric distribution system. The COS and IPP may be hereinafter referred to individually as "Party," or jointly as "Parties." Section 1. Definitions. (a). "Alternative Power Source (APS)" means generation fueled by renewable resources such as wind, solar, geothermal, biomass, or water. (b). "Application" means the Application for Interconnection of Alternate Power Source that must be completed by any Customer wishing to interconnect to the City of Seward 1lectric Distribution System as an Independent Power Producer (IPP). (c). "City of Seward Electric Tariff' or "Tariff' means COS Rules, Regulation and Rates on file with the City Clerk, as may be amended from time to time. (c). "Contributor" means an individual or entity willing to fund alternative power generation through voluntary monetary donation(s). (d). `'Delivery Point" means the location where COS electric distribution system terminates its equipment or conductors and at which the Customer assumes responsibility for construction and maintenance of the electrical facilities. (e). "Independent Power Provider (IPP)" means a COS distribution system Customer who has developed or is developing an APS Project. (f). "Technical Requirements for Interconnection" means the document used by City of Seward (COS) which contains the applicable engineering criteria prescribing the technical interconnection, protection, and metering requirements for any APS Project to be connected to the COS electric distribution system. This document may be amended from time to time. A copy of the Technical Requirements for Interconnection is attached as Appendix I hereto. Section 2. IPP Responsibilities. The IPP shall be responsible for acquiring the site for the project, installing the generation facility and complying with all of the requirements set forth in the COS Code Chapter 14 Electricity and the Technical Requirements for Interconnection, including any �! amendments that may occur for the installation and operation of the facility. Installation shall not be deemed completed until such time as the COS verifies all requirements S's specified by the COS have been fully satisfied and all testing deemed appropriate by the COS has been completed to the COS satisfaction. It is the responsibility of the IPP to do all that may be required to have its APS Project certified by the COS as meeting the requirements of the APS Program. Section 3. Safety Related Testing Requirements. The IPP shall complete all required interconnection safety related testing of the APS Project prior to interconnecting to the COS distribution system. "hhe IPP shall, at a minimum, annually test the interconnection safety features of the APS Project. The COS reserves the right, in its sole discretion, to require additional testing to ensure that the safe and efficient operation of the COS distribution system is not jeopardized by interconnection with the APS Project, including, but not limited to, additional tests to determine compliance with IEEE Standards and/or tests to ensure proper operation of the APS Project, Section 4. Interconnection with COS Electric Distribution System Facilities. Provided that adequate capacity exists on the COS distribution system where the APS Project is located, interconnection of an APS Project to COS distribution system shall be on a first come, first serve basis, as determined by the effective date of the IPP Agreement with the COS. Unless otherwise agreed in writing, all costs associated with the interconnection of the APS Project to the COS distribution system shall be paid by the IPP prior to� interconnection with the COS distribution system. All Line Extension fees must be paid in accordance with the IPP Rate Schedule of the Tariff. Upon completion of installation of the APS Project and receipt of the IPP certification that all necessary Federal, State and local permits have been obtained, COS shall, within a reasonable time, interconnect the APS Project to the COS distribution system. Such interconnection shall be done at a time convenient to the COS, and which is designed to cause no, or minimal, disruption of electric service to other Customers. The IPP shall provide continuing certification annually thereafter. Certification shall be provided upon the form attached as Appendix II. Nonpayment of required costs or fees shall be deemed material breach of this Agreement and COS may immediately disconnect the APS Project without compliance with Section 17 of'this Agreement and the IPP shall be responsible for all disconnection costs. Section 5. Point of Delivery. Power generated by the IPP shall be metered by the COS. Although the IPP is responsible for the cost of the meter, the COS shall install and own the meters. Section 6. Access to IPP Generation Facilities. The COS shall be granted any necessary easements and have the right of ingress and egress from the APS Project and associated facilities at all hours for any purpose reasonably connected with this Agreement or the protection of the COS distribution system. Section 7. Ownership of Improvements. The COS shall own any and all improvements or equipment up to the Delivery Point including all meters necessary to record the generation of consumption of electricity. Tlic IPP shall be responsible for all costs associated with any improvements and/or equipment required pursuant to this Agreement. In consideration of the mutual benefits and other consideration stated in this Agreement, the IPP specifically agrees that the IPP shall not be entitled to any compensation or payment for said equipment and/or improvements. Section 8. Operation and Maintenance of APS Project. The IPP shall be solely responsible for all costs and expenses of every type or nature, relating to the permitting, purchase, operation, and maintenance of the APS Project. The IPP shall, at all times during the term of this Agreement, keep the APS Project in good repair and operating condition so as not to cause damage to COS facilities or distribution system. The IPP shall not rely upon the COS, or any representation or statements made by COS employees and/or representatives regarding steps or actions necessary for the safe or good operation of the APS Project. If, at some future date, additional or modified equipment or facilities are necessary to continue safe operation and/or interconnection of' the IPP's facilities, the same shall installed at the IPP's sole expense. Failure to do so will be considered to be a material breach of this Agreement and will result in the immediate disconnection of the APS Project without the COS complying with Section 17 of this? Agreement. Section 9. Damage or Interference with COS Electric Facilities. If the APS Project or IPP's actions cause damage to the COS distribution system and/or COS facilities and equipment, the IPP shall be responsible for all costs associated with repairing the damage and/or replacing such facilities or equipment. If the APS Project and/or facilities cause loss or damage to COS other Customers, the IPP shall be liable for all such damage, claims and losses. If the APS Project or IPP's action's cause damage to or interfere with the COS or any of its Customers' facilities, the COS will disconnect the APS Project from the COS distribution system until the cause of the damage or interference is remedied to COS's satisfaction and costs associated with the damage or interference caused by APS Project or IPP's actions are paid in full by the IPP. Section 10. Purchase and Sale of Energy Delivered. r During the term of this Agreement, the IPP shall receive credit, in accordance with the "Tariff, toward their next bill when the IPP produces more power than the COS supplied. Section 11. Interruption of IPP's Energy Deliveries. The IPP shall have the unilateral right at any time, without liability to the IPP or any other person, to interrupt, reduce, suspend or curtail generation and/or deliveries of energy from the APS Project; (a) when reasonably necessary, in order for the COS to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or any part of its distribution system; or (b) if the COS reasonably determines, in its sole discretion, that interruption or reduction of deliveries of power is necessary because of a system emergency, a forced outage, or Force Majeure or other operational considerations. Section 12. No Reliance. The IPP acknowledges and understands that the energy market is not static, but is dynamic and volatile. The IPP has not relied upon any price or supply f-orecasts made by the COS, its employees or representatives, including purchase price (credit) in the IPP Rate Schedule of the Tariff, in deciding to go forward with the APS Project. Section 13. Billing and Payments. (a). The COS shall be responsible for reading the meters at least monthly to determine the amount of energy actually reduced or delivered by the APS Project to the COS distribution system. (b). If the COS supplied more power than the IPP produced during the monthly bitling period, the customer will be billed for net electric consumption at the normal rate established in the IPP Rate Schedule of the Tariff. (c). The COS Finance Department shall provide a billing statement to the IPP within normal operations showing the total amount of kilowatt-hours (kWhs) generated by the APS Project, as well, as the total amount of kilowatt-hours (kWhs) delivered from the APS Project to COS distribution system during that billing period. (d). If the APS Project produced more power than the utility supplied to them, during the billing period, the IPP will receive a dollar credit towards their next bill. For Large, Class D Providers, COS shall with the concurrence of Chugach, purchase from IPP the electrical energy produced by the APS Project and delivered to the COS distribution system. All rates will be in accordance with COS IPP Rate Schedule of the Tariff. (e). The IPP shall review each monthly billing statement promptly and provide notice to COS Finance Department of any inaccuracies or disputes regarding the billing statement within thirty (30) days of the date of the billing statement. a "The COS Finance Department will have no liability to the IPP for any inaccuracies or errors on billing statements for which the IPP has failed to provide timely notice. 2�0 (g). The COS Finance Department liability for inaccuracies or errors in the billing statement or metering shall be limited to an amount equaling one (1) month production based on the average of the last three months production measured by the COS Electric Department APS Generation meter. (h). Administration of the APS Program and all billing and payments under this Agreement shall be in accordance with the IPP Rate Schedule of the Tariff. Section 14. Payments by the IPP or COS. (a). The IPP shall pay the COS Finance Department in accordance with the Tariff. Amounts not paid when due may be offset against sums due to the IPP from the COS Finance Department. (b). The COS, at the request of the IPP, will once a calendar year provide the IPP a cash payment, if APS Project has provided more power to COS than the COS has provided. (c). The IPP failure to pay any such amounts owed by the due date, the COS may immediately disconnect the APS Project with the IPP being responsible for all disconnection and reconnection costs. Section 15. Force Majeure. Neither party shall be responsible or liable for or deemed in breach thereof because of any delay or failure in the performance of their respective obligations hereunder (other than failure to pay money when due), to the extent such delay or failure is due solely to circumstances beyond reasonable control of the Party experiencing such delay or failure, such circumstances including, but not limited to, acts of God, unusually severe weather conditions; strikes or other labor difficulties; war; riots; requirements, actions or failures to act on the part of governmental authorities preventing performance; accidents; fires; failure or damage to, loss of right to or destruction or breakdown of necessary transmission facilities, which, by exercise of due diligence, such Party, could not reasonably have expected to avoid and which by exercise of due diligence it has not been able to overcome (such causes, a "Force Majeure"). (a). If either Party, because of Force Majeure, is unable to perform its obligations under this Agreement, that Party shall be excused from whatever performance is affected by the Force Majeure, except for payment of money due, to the extent so affected, provided that: (1). The non -performing Party, within two (2) weeks after the commencement of the Force Majeure, gives the other Party written notice describing the particulars of the occurrence. (2). The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure. (3). The non -performing Party uses reasonable efforts to remedy the inability to perform, such efforts not to include settlement of a labor dispute. (b). When the non -performing Party is able to resume performance of its obligations under this Agreement, the Party shall give the other party written notice to that effect. (c). In the event a Party is unable to perform its obligations under this Agreement due to legislative, judicial or regulatory agency actions, that Party shall not be deemed to be in breach of any obligation pursuant to this Agreement. (d). The COS shall not be provided the IPP with the notice that IPP is required to provide in accordance with paragraph 15(a)(1) and 15(b) in this Section. Section 16. Terrn. This Agreement shall be effective on the date set forth above. This Agreement shall continue in full force and effect until terminated by either Party. Either Party may terminate this Agreement upon providing the other Party with written notice thirty (30) days prior to the effective date of such termination. Section 17. Default. Fxcept, as specifically provided for in this Agreement, in the event of a breach of this Agreement by either Party, the non -breaching Party may deliver a notice of default to the breaching Party. The notice of default shall specify the nature of the breach that is the basis for the notice and give the breaching Party at least ten (10) days to cure said default, stating that failure to cure said breach will entitle the non -breaching Party to terminate this Agreement. Bankruptcy, insolvency, reorganization or liquidation by either Party shall constitute a breach of this Agreement. I Section 18. Compliance with Laws and Regulations The IPP shall comply with all environmental laws and regulations, and shall maintain and operate the APS Project in strict accordance with all applicable laws, regulations and safety codes. "hhe IPP is solely responsible for compliance with all environmental, land use and other regulatory requirements. If the COS, or regulatory agency, at any time determines the APS Project is being operated in an illegal, unsafe or unreliable manner, the COS shall have the unilateral right to interrupt and discontinue its receipt of energy from the APS Project without any liability or continuing obligation. Further, if any regulatory entity or entity charged with ensuring reliability of electric systems (or charged with permitting the APS Project) requests or directs disconnection of the APS Project, the COS may disconnect the APS Project without liability to the IPP. The IPP shall supply certification of compliance with permit requirements to COS prior to 3� interconnection and annually thereafter. Certification shall be provided upon the form attached as Appendix III. Section 19. No Sales to Third Parties. This Agreement does not confer any right upon the IPP to transmit, distribute or delivery energy to any third party. Section 20. Taxes. Any and all taxes due and owing as a result of the ownership and operation of the MPS Project or IPP's associated facilities shall be the sole responsibility of the IPP. Section 21. Insurance. The IPP will not be required to carry liability insurance with the COS as a named insurer as long as the APS Project meets the requirements provided in City Code and Technical Requirements for Interconnection. Section 22. Indemnity. (a). The IPP shall defend, indemnify and hold harmless the COS and its representatives (which shall be deemed past and present COS employees, past and present City Council persons or agents employed or contracted with the COS) from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained by the COS or its employees or agents by any reason of any act, omission, misconduct, negligence, or default on the part of the IPP or its employees, agents, representatives, and or contractors arising in the connection with or related to the IPP's ownership, installation, maintenance or operation of the APS Project. (b). The IPP shall defend, indemnify and hold harmless the COS and its representatives (which shall be deemed past and present COS employees, past and present City Council persons or agents employed or contracted with the COS) from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained due to the IPP's alleged violation of any permitting, land use, or environmental laws and regulations. In the event a claim is made which is subject to this subparagraph, the COS reserves the right to select legal counsel and control the defense and settlement of any such claim. Such defense shall be at the sole expense of the IPP. S f (c). The IPP's indemnification obligation shall not apply to liability for damages for bodily injury to persons or damage to property caused by the sole ( l� negligence of the COS and not in any way attributable to any act or omission on part of the IPP. Section 23. Limitation on COS Liability. The COS shall not be liable to the IPP for consequential, incidental, punitive or indirect damage of any kind due to any damage to disconnection of the IPP's facilities. The COS shall have no responsibility or liability to the IPP or any other person or entity for or in connection with any service interruption, suspension, curtailment or fluctuation or disturbance of energy, whatever the cause, except the COS shall be liable for repair or replacement cost (whichever is less) of the IPP's facilities suffering physical damage as a direct consequence of the COS's sole negligence in operating its distribution system. Sectiom 24. Removal of Interconnection Facilities. If required by the COS upon expiration or termination of this Agreement; the IPP shall pay the reasonable costs of removal, relocation, modification or renovation of any facilities or equipment required for interconnection with the COS distribution system. Section 25. COS Tariff. This Agreement is subject to the terms and conditions contained in the COS Electric Tariff. In cases of conflict between this Agreement and the COS "Tariff, the terms of the Tariff will control. Section 26. Attorney's Fees. This Agreement shall be interpreted under the laws of the State of Alaska. In the event it is necessary for either Party to utilize the service of an attorney to enforce any of the terms of this Agreement, if such enf-orcing Party prevails, it shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any of the terms of this Agreement, the substantially prevailing Party shall be entitled, in addition to other relief, to such actual attorney's fees and costs as demonstrated by the prevailing Party to the court. 27. Amendment, Modification or Waiver. Any amendments or modifications to this Agreement shall be in writing and subject to mutual agreement by the Parties. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as further or continuing waiver of any such breach of any term or covenant unless such waiver is in writing. RE I Section 28. Notices. All notices and other communications required or permitted hereunder shall be deemed i given when received and, unless otherwise provided herein, shall be in writing, shall be sent by nationally recognized overnight courier services or sent by regular mail deposited in the United States mail, portage prepaid, addressed to the Parties at the address set for below or such other address as a party shall specify in writing, and shall be deemed received upon the sooner of (l) the date actually received or (2) the third business day following mailing: To: City of Seward City of Seward City Clerk Office P.O Box 167 Seward, AK 99664-0167 "Telephone: (907) 224-4045 Fax: (907) 224-4038 To: IPP Attn: -- Telephone: Fax: Email Section 29. Several Obligations; No Partnership or Agency Status Fxcept where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Neither Party shall have the right to bind or obligate the other in any way or manner unless otherwise specifically provided for herein. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, franchise, or joint venture or impose a trust or partnership duty. Except as specifically set forth in this Agreement, each party shall be liable individually and severally for its own obligations and actions under this Agreement. Section 30. Miscellaneous. (a). Successors and Assigns. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the successors and permitted assigns of the Parties hereto. L� (b). Interpretation. The Parties agree that the terms and provisions of this Agreement embody their mutual intent and that such terms and conditions are not to be construed more liberally in favor of, nor more strictly against, either Party. To the extent the mutual covenants of the Parties under this Agreement create obligations that extend beyond the termination or expiration of this Agreement, the applicable provisions of this Agreement shall be deemed to survive such termination or expiration for the limited purpose of enforcing j such covenants and obligations in accordance with the terms of this Agreement. (c). Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. (d). Authority. Each person executing this Agreement on behalf of� a Party represents that he or she has the authority to execute it on behalf of the respective Party. If the IPP is incorporated, it shall provide the COS with a duly certified copy of a corporate resolution, naming and authorizing its representative (s) to enter into execute this Agreement. (e) Appendices. The Appendices referenced herein and attached hereto shall be hereby incorporated and made an integral part of this Agreement. (f) l?ntire Agreement. This Agreement and the attached Appendices constitute the entire understanding and agreement between the Parties regarding the subject matter hereof, supersede entirely all prior understandings, and may not be altered or amended, except by an instrument in writing signed by the Parties. The Parties each acknowledge and agree that no representation, warranty signed by the inducement has been made to it regarding the rights set forth in this Agreement which is not expressly set forth in this Agreement and attached Appendices. (g). Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the Parties hereto and their permitted successors and permitted assignees and is intended to, and shall not confer any rights or benefits on any other third party not a signatory thereto. (h). No Agency. Neither Party shall be considered to be the agent or representative ofthe other Party. No agency relationship is created by this Agreement. (i). Communication. The IPP must provide and maintain current contact information with the COS. Due to the importance of maintaining operational integrity of the COS distribution system in a safe and efficient manner, the COS will have the unilateral right to react to any circumstances created by the APS Project being interconnected with the COS distribution system and its Lial, Customers. The COS may separate the APS Project from the COS distribution system when immediate contact with the IPP is not possible or practical under the circumstances. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duty authorized representatives on the date first above written. CITY OF SEWARD BY: Printed Name: Title: (NAME Ol� IPP) By: --- -- Printed Name: Title: a CITY OF SEWARD INTERCONNECTION AND POWER PURCHASE AGREEMENT FOR INDEPENDENT POWER PROVIllER INDEPENDENT POWER PROVIDER'S PERMIT CERTIFICATION The undersigned states under penalty of perjury that: 1. He/She has the authority to sign on behalf of the Independent Power Provider (IPP), _ _ (Name/Customer Account No. �. 2. The IPP has obtained all necessary permits for the installation and operation its generating facility located at (only one site may be listed per certification). 3. The IPP has complied with, and will continue to comply with, all laws related to the siting, installation and operation of the generating facility described above. Dated this day of , 20 Signature: Name: Title: —--------- - i . 1� CITY OF SEWARD INDEPENDENT POWER PROVIDER'S INTERCONNECTION PERMIT CERTIFICATION Fhe undersigned states under penalty of perjury that: 1. Ile/She has the authority to sign on behalf of the Independent Power Provider (IPP), (Name/Customer Account No. ). 2. The IPP has obtained all necessary permits for the installation and operation its generating facility located at _ (only one site may be listed per certification). j� 3. The IPP has complied with, and will continue to comply with, all laws related to the siting, installation and operation of the generating facility described above. Dated this day of , 20 Signature: — —-- --- — - -- - Name: Title: 111 CITY OF SEWARD ELECTRIC DEPARTMENT TECHNICAL REQUIREMENTS FOR INTERCONNECTION Table of Contents lIntroduction ............................................................................................................... 2 1.1 Separate Operation.............................................................................................. 3 1.2 Parallel Operation............................................................................................... 3 1.3 Islanding.............................................................................................................. 4 2 Classification of Non -Utility Generation Installations .......................................... 4 a 2.1 Class A Facilities................................................................................................ 5 2.2 Class B Facilities................................................................................................. 5 2.3 Class C Facilities................................................................................................. 5 2.4 Class D Facilities................................................................................................ 6 3 Design Requirements................................................................................................ 6 3.1 Design Documentation and Information............................................................. 6 3.1.1 One -Line Diagram...................................................................................... 6 3.1.2 Three -Line Diagram (as required).............................................................. 6 3.1.3 Relay, Metering, and "felemetering Functional Drawing ........................... 7 3.1.4 Paralleling Device Control Drawings......................................................... 7 3.1.5 facility Grounding Drawings..................................................................... 7 3.2 Protective Systems and Equipment..................................................................... 7 3.3 City of Seward System Modifications................................................................ 8 3.4 Induction Generators........................................................................................... 8 3.5 Standard System Voltages.................................................................................. 8 3.6 Power Converter Systems................................................................................... 9 4 INTERCONNECTION EQUIPMENT REQUIREMENTS ................................. 9 4.1 Overview of Required Equipment...................................................................... 9 4.1.1 Metering Requirements............................................................................. 10 4.1.2 Interconnection Disconnect Device �! 4.13 Interconnection Transformer .............................................. 1 1 4.1.4 ................ Protection and Control Devices...........................................'......I............... 1 I 4.1.5 Telemetry and Monitoring Requirements.-.... ................... I ..................... 12 4. L6 Operational Data Logging......................................................................... 13 4.1.7 [;xport Power Control Equipment............................................................. 13 4.1.8 Protection & Control System 'Testing Conformance ................................ 13 5 Interconnection Equipment Requirements By Class .......................................... 14 5.1 Equipment Requirements - Class A Facilities .................................................. 14 5. l .1 Application of Minimum Requirements — Class A Facilities ................... 14 5.1.2 Metering Requirements — Class A Facilities ............................................ 14 5.1.3 Interconnection Disconnect Device — Class A Facilities .......................... 14 5.1.4 Interconnection Transformer — Class A Facilities .................................... 14 5.1.5 Protection and Control Devices — Class A Facilities ................................ 15 5.1.6 Telemetry and Monitoring — Class A Facilities ........................................ 16 5.1.7 Operational Data Logging — Class A Facilities ........................................ 16 5.1.8 Export Power Control Equipment — Class A Facilities ............................ 17 5.2 Equipment Requirements - Class B Facilities .................................................. 17 5.2.1 Application of Minimum Requirements — Class B Facilities ................... 17 5.2.2 Metering Requirements — Class B Facilities ............................................. 17 5.2.3 Interconnection Disconnect Device — Class B Facilities .......................... 17 - 1(G' 5.2.4 Interconnection Transformer — Class B Facilities .................................... 17 5.2.5 Protection and Control Devices — Class B Facilities ................................ 18 5.2.6 Telemetry and Monitoring — Class B Facilities ........................................ 20 5.2.7 Operational Data Logging — Class B Facilities ......................................... 20 5.2.8 Export Power Control Equipment — Class B Facilities ............................. 20 5.3 Equipment Requirements - Class C Facilities .................................................. 20 5.3.1 Application of Minimum Requirements — Class C Facilities ................... 20 5.3.2 Metering Requirements — Class C Facilities ............................................. 21 5.3.3 Interconnection Disconnect Device— Class C Facilities .......................... 21 5.3.4 Interconnection Transformer — Class C Facilities .................................... 21 5.3.5 Protection and Control Devices — Class C Facilities ................................ 21 5.3.6 Telemetry and Monitoring— Class C Facilities ......................................... 23 5.3.7 Operational Data Logging Class C Facilities ......................................... 23 5.3.8 Export Power Control Equipment — Class C Facilities ............................. 24 5.4 Equipment Requirements - Class D Facilities .................................................. 24 5.4.1 Application of Minimum Requirements — Class D Facilities ................... 24 5.4.2 Metering Requirements -- Class D Facilities ............................................ 25 5.4.3 Interconnection Disconnect Device — Class D Facilities .......................... 25 5.4.4 Interconnection Transformer — Class D Facilities .................................... 25 5.4.5 Protection and Control Devices — Class D Facilities ................................ 25 5.4.6 Telemetry and Monitoring — Class D Facilities ........................................ 27 5.4.7 Operational Data Logging — Class D Facilities ........................................ 28 5.4.8 Export Power Control Equipment — Class D Facilities ............................ 28 5.5 Voice and Data Communications..................................................................... 29 5.6 Producer -Owned Electrical Distribution Systems ............................................ 29 6 INTERCONNECTED OPERATING REQUIREMENTS ................................. 29 6.1 Approval for Parallel Operation........................................................................ 30 6.2 Discontinuance of Parallel Operation...............................................................30 6.3 Islanded Operation............................................................................................ 30 6.4 Voltage Requirements....................................................................................... 30 6.4.1 Voltage Levels & Fluctuations................................................................. 30 6.4.2 Voltage Regulation and Reactive Power Requirements ........................... 30 6.5 Generator Droop Requirements........................................................................ . 6.6 I Iarmonics......................................................................................................... 31 6.7 Power Factor Requirements.............................................................................. 31 6.8 Coordination with the City of Seward Protective System...........f.................... 32 6.9 Maintenance & Testing..................................................................................... 32 6.9.1 Interconnection Equipment Maintenance ................................................. 32 6.9.2 Protective Systems Functional Testing ..................................................... 33 7 DEFINITIONS............................................................................37-44 8 APPL.ICATION..............................................................................45 1 Introduction The operation of non -utility generation in parallel with the electrical supply grid poses important safety concerns for City of Seward personnel and equipment. The safe, reliable operation of the City of Seward system, for all residents, is of the utmost importance to us. Accordingly, any interconnected non -utility generating facility must meet all applicable federal, state, and local t safety codes and regulations, in addition to the specific guidelines and requirements contained in these guidelines. The City of Seward strongly recommends (and in some cases, may require) that those applying for interconnection obtain the services of an engineering professional, expert in the design of wiring and protection systems, including control and protection systems for generating equipment interconnected with electric grids. Electrical distribution systems are inherently complex in design; each proposal to interconnect to the system will be unique in geographic location, operational characteristics, and impact to the electrical grid. All proposals must therefore be analyzed to determine the specific technical operating criteria and utility interface requirements. The purpose of the City of Seward interconnection process is to provide a thorough but expedient method by which the applicant can obtain authorization for a safe and reliable interconnection with the City of Seward electrical system. It should be noted that the requirements contained in these guidelines represent the minimum that City of Seward applies in evaluating and installing its own generation resources to the system. The aim of this document is to guide the applicant to ensure that the safe, reliable performance of the City of Seward system is maintained as we assist in the process of interconnecting the applicant's non -utility generation technologies to meet the energy requirements of our consumers. This document shall not be construed as modifying any agreements that exist to establish the rights and obligations of both City of Seward and the applicant. The City of Seward will estimate its costs related to the applicant's proposed interconnection. The applicant will be responsible for full payment of the costs the City of Seward would not have incurred but for the applicant's interconnection. 1.1 Separate Operation The requirements contained in the Interconnection Guidelines generally do not apply to `separate operating' non -utility generating systems. Typically, separate operating systems include small emergency generating units for residential use, and certain uninterruptible power systems (UPS), which do not energize the City of Seward system in their normal course of operation. t Within the context of these guidelines, a `separate operating' system is defined as a generating system, which has no capability or possibility of connecting and operating in parallel with the City of Seward system. Generally, a separate system is comprised of power generating equipment and switching apparatus located on the owner's site or property, which are designed and intended for use as an emergency, stand-by, or stand- alone power system. 1.2 Parallel Operation A transfer of power between the two systems is a direct and often desired result of' parallel operation. A consequence of such parallel operation is that parallel generation becomes an electrically connected part of the City of Seward power system which must be considered in the electrical protection pf$City of Seward facilities. City of Seward's ability to provide safety to City of Seward personnel who may need to perform work on a power line is lost when a customer facility is operating in an islanded mode. The ability to maintain electrical power within specifications to customers is also lost during an islanded operating condition. For these reasons protection from islanding shall be incorporated into each customer's facility connected in parallel to the City of Seward. Protection system design incorporated into customer facilities shall be performed by a power system engineer qualified to perform such work and who is licensed as a professional engineer in the state of Alaska. The protection system design shall be reviewed by the City of Seward. Prior to energizing a customer f-acility any changes to the protection system design requested by the City of Seward will be made by the customer. Smaller inverter type equipment meeting the most recent UL and IEEE standards for interconnecting to utility power systems may have integral protection equipment built into one complete package. All adjustable or factory set protection parameters incorporated into Grid Interactive equipment shall be reviewed by the City of Seward. Prior to energizing customer's inverter type generation facilities, all settable protection parameters recommended by City of Seward will be made to the customer's equipment by the customer and confirmed by the City of Seward. 1.3 Islanding Within the context of these guidelines, islanded operation (or "islanding") denotes the condition where the producer's generation energizes a portion of the City of Seward electrical grid that has become electrically separated from the rest of the City of" Seward system. For safety and quality reasons, no producer may island any portion of the City of Seward system, unless provided expressed approval and authorization by the City of Seward. Of primary concern are the possible dangers, which may be presented to City of Seward personnel under islanding conditions. City of Seward line crews must have the assurance that any section of City of Seward's system is de -energized prior to work and will not be re -energized until there is confirmation that they are physically clear of the system. Under an islanded condition, the City of Seward cannot provide assurance to its personnel that all portions of the island are de -energized Another equally important concern is the responsibility the City of Seward has to deliver electrical service within the proper ranges (voltage, frequency, etc.) to its consumers. If a portion of the City of Seward system were to become islanded and energized by non -City I of Seward generation, City of' Seward would no longer control the quality, safety. and integrity of the electrical service delivered to its consumers. 2 Classification of Non -Utility Generation Installations In order to evaluate proposed interconnections to the electrical system, City of Seward categorizes Producer —owned generation systems into four general classes — Classes A, B, C, and D. This system is based upon industry -accepted methodology for assessing the possible impacts that interconnected facilities may have on the system. Criteria for classification include the maximum capability of the facility (output capacity in kVA), the type of generating system and characteristics (synchronous generator, induction generator, power converter system, etc.), the y� `stiffness ratio' of' the facility in relation to the City of Seward electrical system, and system electrical characteristics at the point of interconnection. One measure used to determine the potential impact is the stiffness ratio at the point of interconnection. This stiffness ratio is the ratio of the available electric system fault current at the interconnection point to the maximum -rated current of the Producer's facility. Used throughout the industry, this ratio indicates the capability of a particular generator to influence system voltages and operating characteristics. For any given point on the system, the higher the ratio, the lower the probability that the Producer may contribute to system disturbances or adversely affect nominal system voltage levels. To obtain the minimum interconnection equipment requirements associated with a particular class of facilities, please refer to Section 5: Interconnection Equipment Requirements. 2.1 Class A Facilities Non -utility generator installations of 10-kVA output or less, where the system stiffness ratio is at least 100, are identified as Class A installations. Interconnection requirements for Class A installations are typically the most moderate of all the classes. In general, Class A installations are most applicable to residential and/or small commercial on -site power supply applications and are not expected to affect City of Seward primary electrical distribution feeder devices. Class A installations are rarely capable of significantly altering local voltages on adjacent distribution facilities, and the relatively small -sized generators are not capable of supporting large islands on the primary electrical system. 2.2 Class B Facilities Non -utility generator installations of' 10 kVA to 100 kVA, where the stiffness ratio is at least 50, are identified as Class B installations. As with Class A installations, the probability of interference with City of Seward consumers and electrical distribution system equipment is relatively low, but the risk is sufficient to warrant moderate interconnection requirements. Class B installations generally do not significantly influence primary electrical feeder devices, but can alter primary and/or secondary voltages. Thus, islanded operation with the City of Seward system is of greater potential concern than with Class A installations. 2.3 Class C Facilities Non -utility generator installations of 100 kVA to 1,000 kVA, where the stiffness ratio is at least 30, are identified as Class C installations. Given the larger capacity off Class C facilities (relative to Classes A and B), the potential to island large sections of the City of' Seward electric system is of much greater concern. In addition, Class C installations can significantly influence primary feeder devices and operations. Accordingly, the probability of interference with City of Seward consumers and system equipment is high enough to necessitate more stringent interconnection requirements �a 2.4 Class D Facilities Non -utility generator installations of 1,000 kVA to 5,000 kVA, where the stiffness ratio is at least 20, are identified as Class D installations. This size of installation and available fault contribution can present a major risk to system safety and operations. The effect on City of Seward system voltages and equipment, due to unacceptable constant or transient conditions from the installation, can be serious. Due to the capacity of Class D facilities, islanding is of major concern to the City oil' Seward. Accordingly, greater levels of interconnection protective equipment are required for Class D systems. Class D installations require detailed and careful system studies to determine the amount and degree of interconnection and interface requirements, as they are capable of having a major influence on the City of Seward connecting feeder(s), adjacent feeders, and substations. 3 Design Requirements 3.1 Design Documentation and Information �f For City of Seward review and reference purposes, the Producer shall submit the following information and design documentation with the interconnection application(s). h In certain cases, such as smaller -class facilities, some submittal requirements may be waived, at City of Seward's discretion. All of the Producer's interconnection final design plans and drawings shall be approved by an electrical engineer, registered and recognized as a Professional Engineer in the State of Alaska. This approval shall be indicated by the presence of the engineer's professional seal on all drawings and documents. 3.1.1 One -Line Diagram This is a schematic electrical drawing with sufficient detail to show the major elements of the facility electrical connections, interconnection and protective equipment, and point of interconnection to the City of Seward electrical system. The diagram should include the following: • Generating equipment • Circuitry of the facility, to include conductor types, sizes, and bus electrical ratings 1 • Metering points and instrument transformers (as applicable) • Interconnection transformer • Relays and circuit breakers/interrupting devices • Switchgear (as applicable) • Utility circuitry at the point of interconnection 3.1.2 Three -Line Diagram (as required) This schematic electrical drawing shall represent all three phases and neutral connections of the interconnected facility circuits, showing potential transformer (PT) and current transformer (CT) ratios and details of their configuration, including relays, meters, and test switches. 3.1.3 Relay, Metering, and Telemetering Functional Drawing This diagram shall indicate the functions of the individual relays, metering, and telemetering equipment, if any. For simpler systems, such as some Class A facilities, the one -line diagram and the functional diagram can be combined. 3.1.4 Paralleling Device Control Drawings These drawings shall show the conditions, relays, and instrument transformers that cause all switchgear and/or circuit breakers applied to the interconnecting facility to open or close. The source of power for each control should be clearly indicated in the drawings. For simpler systems, such as Class A facilities, these control drawings can be incorporated in the one -line diagram. 3.1.5 Facility Grounding Drawings These drawings shall indicate ground wire sizes, bonding, and connections, as well as the number, size, and type of electrodes, and spacing. The Producer's grounding scheme shall conform to IEEE Std. 1547, Part 4.1.2: Integration with Area EPS Grounding. In addition to the above, the Producer shall provide to the City of Seward any additional design information or documents pertaining to the interconnected facility, as requested. 3.2 Protective Systems and Equipment Control and protection designs for facilities proposed to operate in parallel with the City of Seward system must be approved by the City of Seward prior to approval for interconnection with the City of Seward electric grid. The specific design of the protection system depends on the generator type, size, and other site -specific considerations. The Producer must meet City of Seward requirements, and all designs and equipment must conform to the National Electrical Code, the National Electrical Safety Code, IEEE standards, and all federal, state, local, and municipal codes. When proposing protective devices for the protection of the City of Seward system, the applicant shall submit a single -line drawing of this equipment totthe City of Seward for approval of the interconnection protective functions and equipment. Any changes required by City of Seward must be made prior to final acceptance, and the City of' Seward must be provided with dated copies of the final drawings. To eliminate unnecessary costs and delays, the final design should be submitted to, and approved by the City of Seward prior to ordering equipment and the commencement of construction. The City of Seward will approve only those portions of the Producer"s system designs, which apply to the interconnection with, and protection of, the City of Seward system. The City of Seward may commciit�_. ther areas, which appear to be incorrect or deficient, but will not assume responsibility for the correctness of protection pertaining to the Producer's system. In order to gain approval for interconnected operation, At the completion of construction the Producer shall demonstrate to designated City of Seward personnel conformance to the testing specifications and requirements contained in IEEE Standards 1547 and 1547.1 for all protective and control systems associated with the Producer's interconnection equipment. The Producer shall provide documentation of test results, protective relay settings, and control system settings to the City of Seward. 3.3 City of Seward System Modifications Any modification to the City of Seward electric grid, such as the installation of additional equipment, reconductoring of all or a portion of the connecting City of Seward line, or reconfiguration of City of Seward protection systems necessary to permit in -parallel operation with the City of Seward electric grid, will be performed by the City of Seward. Where such City of Seward system modifications are required to allow the interconnection of the Producer's facilities, the City of" Seward will perform these modifications, at the Producer's expense, providing all labor, materials, and equipment necessary. 3.4 Induction Generators Induction generators require varying amounts of reactive electric power (VARs) in order to produce real electric power (watts). Due to this consumption (or absorption) of VARs, induction generators inherently operate at leading power factors. It is the responsibility of the Producer to provide all reactive support or compensation to maintain power factors within the limits specified in Section 6.7: Power Factor Requirements, when operating in parallel with the City of Seward electric grid. Reactive support for required power factor correction may be provided by the Producer's installation of City of Seward approved reactive compensation devices, or through contractual agreement with City of Seward to provide ancillary services to the Producer. 3.5 Standard System Voltages The City of Seward's system voltages conform to ANSI C84.1 standards and are outlined as follows. All distribution circuits, both secondary and primary, are effectively grounded. Specific voltage requirements and limits for Producers generation are described in Section 5: Interconnected operation Requirements. 1 • Distribution Secondary Voltages: - Single Phase, 120/240 volts, 3wire - Single Phase, 240/480 volts, 3wire - "Three Phase, 120/208 volts, 4 wire, grounded wye L - Three Phase, 277/480 volts, 4 wire, grounded wye • Distribution Primary Voltages: - Single Phase, 7,200 volt- �3 - Single Phase, 14,400 volts - "Three Phase, 7,200/12,470 volts, 4 wire, grounded wye - "three Phase, 14,400/24,900 volts, 4 wire, grounded wye • 'Transmission Voltages: - 69,000 volts, three phase - 115,000 volts, three phase 3.6 Power Converter Systems Reactive power supply requirements for converter systems are similar to those for induction generators, and the general guidelines discussed apply. The City of Seward requires that power converter systems conform to the requirements contained in IEEE Standard 1547 and 1547.1, and that such systems for interconnected generation sources meet the recommended limits for current, voltage, and harmonic distortion contained in IEEE Std. 519, Sections 10 and 11. If the Producer's converter system(s) is found to interfere with the City of Seward electric grid, City of Seward consumers, or other power producers, the Producer may be required to install adequate electrical filtering to bring the voltage and current outputs to acceptable levels. Converters that have been tested and certified by an independent laboratory, such as underwriters' Laboratories (UL), to be non-islanding, and meet the recommended limits contained in IEEE Std. 519, Sections 10 and 11, may be interconnected to the City of Seward system as -is. For units rated less than 100 kW, it is usually acceptable to have the frequency and voltage protective functions built into the electronics of the converter if the set points of those functions meet IEEE Std. 1547 criteria, are tamperproof, and can be easily and reliably tested. 4 INTERCONNECTION EQUIPMENT REQUIREMENTS In order to simplify the process for determining the interconnection equipment necessary to operate non -utility generation in parallel with City of Seward's electric system, the City of' Seward has developed this section, which outlines the minimum interconnection requirements for each class of Producer -owned facilities. As a minimum, City of Seward requires that all of the Producer's interconnection equipment and facilities meet the requirements contained within IEEE Std. 1547, Part 4.1: General Requirements. r 4.1 Overview of Required Equipment This overview of required equipment and devices provides general descriptions as to the components, including functionality, purpose, and responsibilitids by both the Producer and the City of Seward regarding ownership, installation, and maintenance. Specific requirements for each classification of Producer -owned interconnected generation can be found in Section 5.0: Interconnection Equipment Requirements By Class. 4.1.1 Metering Requirements For all classifications of parallel generating facilities, City of Seward requires that separate "In -and -Out Metering" be utilized to capture the real power flows (watt- hours) into and out of a Producer's facility. It is the Producer's responsibility to provide, install, and maintain all facilities necessary to accommodate City of Seward metering. The City of' Seward shall provide all meters at the Producer's expense. Depending upon the specific application, required metering may also include the following: • VAR -hour metering • Real power (watt) demand metering • Reactive power (VAR) demand metering • Time -of -delivery metering 4.1.2 Interconnection Disconnect Device A City of Seward approved manual disconnect device must be provided as a means of electrically isolating the non -utility generating facility from the City of Seward system, and establishing working clearances for maintenance and repair work in accordance with City of Seward safety rules and practices. This manual disconnect device must be securable and readily accessible by City of Seward personnel, and provide visible verification of disconnection from the City of Seward electric grid. For connections to the City of Seward transmission grid, a tap line switch may also be required if, in City of Seward's judgment, sufficient tap line exposure exists to warrant it. In all cases, unless expressed written permission is provided by the City of Seward, the disconnect device shall be located on the City of Seward side of the interconnection point. At the Producer's expense, City of Seward shall install the device and assume ownership and maintenance responsibilities. Only devices I i specifically approved by City of Seward shall be used. The manual disconnect device must be physically located for ease of' access and visibility to City of Seward personnel. The disconnect device shall be identified with a City of Seward -designated switch number plate. The disconnect device shall not be used by the Producer to make or break parallels between the City of Seward system and the Producer's generator(s). The device enclosure and operating handle (when present) must be kept locked at all times with City of Seward padlocks. Disconnect devices must meet the following minimum physical requirements for approval by the City of Seward: • Must be located near the facility metering; • Must be externally operable without exposing the operator to contact with live parts and, if power -operable, of a type that can be opened by hand in the event of a supply failure; • Must provide a visible -break indication, showing whether in the open or closed position; I! �� • Must have ratings not less than the load and fault current to be carried; • For disconnect equipment energized from both sides, a marking shall be provided to indicate that all contacts of the disconnect equipment may be energized; • Must be gang -operated if three-phase; • For outdoor installations, disconnect devices must be weather-proof' or designed to withstand exposure to weather; • Must be lockable in both the open and closed positions. 4.1.3 Interconnection Transformer Functionally, the interconnection transformer is no different from any other service transformer, which transforms City of Seward's nominal voltages from one level to another. What distinguishes this device from a standard service transformer is that it must serve to interconnect the Producer's generating facilities to the City of Seward system. Of major concern to the City of Seward is the possibility that adverse power quality or service interruptions may be experienced by City of Seward consumers, which are served by the same transformer that interconnects the Producer's generating facilities. Under certain conditions, the utilization of a dedicated interconnection transformer may be required to limit such adverse conditions. A dedicated transformer, as defined in these guidelines, is one that is dedicated to serving the Producer's facility; no other City of Seward consumers shall be connected on the secondary side of the transformer. The purpose of a dedicated transformer is to minimize any adverse impacts to City of Seward consumers, which may result from the parallel operation of Producer -owned facilities. Generally, for smaller installations (Class A and B facilities), a dedicated transformer will not be required. However, this will be evaluated on an individual basis for each Applicant requesting to interconnect to the City of Seward system. For Class C and D facilities, a dedicated transformer will be required in all cases. For these sizes of facilities, there will typically be a dedicated City of Seward transformer in place if the Producer's facility contains existing loads served by City of Seward. Where this is not the case, a dedicated interconnection transformer will need to be installed. The specific conditions under which a dedicated transformer is required are addressed for each class of facilities in this section of the guidelines. Where a dedicated transformer is required to allow the interconnection of the Producer's facility(s), the Producer will be responsible for the associated labor and equipment Costs t 4.1.4 Protection and Control Devices Certain protective functions and control equipment are necessary to ensure that both the safety and reliability of the City of Seward system are maintained. While the Producer is responsible for the installation and maintenance of such q equipment, it should be noted that the required equipment outlined in this section apply only to the protection of the City of Seward system, not the Producer's facilities. Typically, the minimum protective and control gquipment requirements for all classifications of Producer -owned facilities are as follows: • Paralleling Device (controlled switchgear and/or circuit breaker) • Anti-Islanding Protective Functions — Overvoltage Protective Relaying - Under -voltage Protective Relaying -- Over -frequency Protective Relaying — Under -frequency Protective Relaying • Synchronization Protection: — Synchronous Generators: Automatic Synchronizing with Relay • Supervision — Induction Generators: Speed Matching Relaying Power Converter Systems: Conform to the requirements of' IEEE Standard 1547, Parts 4.1.3 and 5.1.2.C. Due to the impact that larger facilities can have on the City of Seward system, additional requirements can be necessary for such facilities, including but not limited to: • System Fault Protection Functions — Ground Over -current Protective Relaying — Phase -fault Protective Relaying • Transfer Trip Capability • Export Power Control Equipment — Voltage Regulator/Power Factor Controller — Direct Digital Control (City of Seward SCADA Control) — Power System Stabilizer 4.1.5 Telemetry and Monitoring Requirements Telemetry generally involves the communication of measured outputs from the Producer's generating facility to City of Seward. This can include variables such as the status of equipment and controller functions, as well as plant output data (voltage, real and reactive power, power quality, etc.). "Typically, variables are transmitted with the aid of a communication channel that permits the measurement to be interpreted at a distance from the primary detector. For smaller facilities, such as Class A and B installations, data telemetry is generally not required. For the larger classifications of facilities (Classes C and D), telemetering of data to include interconnection status, power flows (real and reactive power) and voltage will be required. For specific telemetering requirements, refer to Section 5.0, Interconnection Equipment Requirements by Class. S-1 4.1.6 Operational Data Logging I� Typically, operational data logs include recorded information on generating unit operations such as the following: • Key operational parameters such as voltage, real and reactive power, frequency, etc.; • Protective equipment operations (circuit breaker trips, protective relay targets, etc.); • Time and nature of communications with City of Seward Power Control Department personnel. } For smaller sized facilities, such as Classes A and B, operational data logging is not required, but when such data is available or maintained by the Producer, it shall be provided to the City of Seward upon request. For Class C and D facilities, a seven (7) day digital data logger is required. For specific parameter recording requirements, refer to Section 5.0: Interconnection Equipment Requirements by Class, for Class C and D facilities. 4.1.7 Export Power Control Equipment For cases where the Producer and the City of Seward formulate a Power Purchase Agreement for export power from the Producer's facility, special control equipment may be necessary depending upon the specific performance terms of' the agreement. Generally, special control equipment will not be necessary for relatively smaller generating facilities such as Class A and B facilities. Having larger generating capability and capacity, Class C and D facilities may export substantial amounts of power into the City of Seward distribution system, thus these classes of facilities may require export power control equipment. This equipment may include Voltage Regulation Control, Power Factor Controllers, and Power System Stabilizers, depending on the specific determination. Refer to the specific requirements for Class C and D under Section 5.0 for further information. 4.1.8 Protection & Control System Testing Conformance In all cases, the Producer's protective relays and controls systems associated with the interconnection shall adhere to the requirements contained in IEEE Std. 1547.1 To allow performance and verification of functional testing as required, these systems shall have accessible sensing inputs or testing terminal blocks, or acceptable equivalents as determined by the City of' Seward. i IM 5 Interconnection Equipment Requirements By Class 5.1 Equipment Requirements - Class A Facilities 5.1.1 Application of Minimum Requirements— Class A Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class A generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization of the Producer's energy: • The total non -utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less than 10 percent of the averaged annual hourly peak demand (kVA) for that feeder. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. • The Producers' generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. I �� • Class A installations are assumed to connect only to single-phase portions of the City of Seward system. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.1.2 Metering Requirements — Class A Facilities In general, City of Seward only requires in/out watt-hour metering for Class A facilities. Metering facilities shall be installed per the City of Seward's metering requirements. 5.1.3 Interconnection Disconnect Device — Class A Facilities An approved manual disconnect device is required for all Class A installations (Refer to Section 5.0: Interconnection Disconnect Device) 5.1.4 Interconnection Transformer — Class A Facilities Generally, for Class A installations, a dedicated transformer for interconnecting the Producer's facility is not required. However, under certain conditions the utilization of a dedicated transformer may be required. Examples of such conditions would include the following: 1 • The Producer's total rated generating capability is at or above the rating of the existing City of Seward transformer serving the Producer's facilities. • The Producer's electrical system characteristics differ from City of' Seward's standard distribution voltages and configurations (Refer to Subsection 3.5: Standard System Voltages). • The Producer's facility adversely impacts the quality of power delivered to adjacent City of Seward secondary distribution system consumers (Refer to Section 6.0: Interconnected Operating Requirements). Where the installation of a dedicated transformer is required, the Producer will be responsible for all labor and material costs associated with:the installation. 5.1.5 Protection and Control Devices — Class A Facilities The general interconnection protective and control requirements for Class A installations are as follows: 1. Paralleling Device • A City of Seward -approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over/Under Voltage Protection The Producer's overvoltage and undervoltage interconnection protective Functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50% _< V < 88% 2.00 1 l 0% < V < 120% 1.00 V >_ 120% 0.16 3. Over/Under Frequency Protection The Producer's over -frequency and under -frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [f] (Hz) Maximum Clearing Time (seconds) f > 60.5 0.16 f < 59.5 0.16 4. Synchronization Protection (00 For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection Synchronous generators operated in parallel with the City of Seward electric system are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection • Due to the `slip' inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. Therefore, City of Seward requires that speed -matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand-alone operation, thus shall be tested to meet the requirements as outlined in IFT'l; Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection In general, Class A facilities may interconnect to the City of Seward system without the provision of ground fault protection to limit contributions to ground faults on the City of Seward system. However, in accordance with IEEE 1547, Part 4.2.1, the Producer's interconnection equipment must be demonstrated to cease energization of, and disconnect from the City of Seward system under fault conditions. 5.1.6 Telemetry and Monitoring — Class A Facilities 1. 'Telemetry Typically, Class A facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. 2. Monitoring Typically, City of Seward will not require power quality monitoring for Class A facilities. However, where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system, or the quality of power delivered to City of Seward consumers, power quality monitoring will be required. 5.1.7 Operational Data Logging — Class A Facilities l'or Class A facilities, City of Seward generally will not require the installation of operational data logging equipment. However, as available or maintained by the Producer, such logs will be made available to City of Seward upon request. If 5.1.8 Export Power Control Equipment — Class A Facilities Generally, for Class A facilities, control equipment for export power is not required. In certain cases, depending upon the specific contractual agreement between City of Seward and the Producer, additional control equipment may be necessary to control the amount and quality of export power. Such cases will be reviewed on an individual basis. 5.2 Equipment Requirements - Class B Facilities 5.2.1 Application of Minimum Requirements — Class B Facilities. C This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class 13 generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization of the Producer's energy: • The total non -utility generating capability (kVA), singular or aggregate.. on the interconnecting City of Seward feeder is less than 15 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.2.2 Metering Requirements — Class B Facilities In general, City of Seward only requires in/out watt-hour metering for Class B facilities. Additional metering requirements will depend on the specifics of the contractual agreements between City of Seward and the Producer. 5.2.3 Interconnection Disconnect Device — Class B Facilities An approved manual disconnect device is required for all Class B installations (Refer to Subsection 4.1.2: Interconnection Disconnect Device) 5.2.4 Interconnection Transformer — Class B Facilities Generally, for Class B installations, a dedicated transformer for interconnecting the Producer's facility is not required. However, under certain conditions the utilization of a dedicated transformer may be required. Examples of such conditions would include the following: • The Producer's total rated generating capability is at or above the rating of' the existing City of Seward transformer serving the Producer's facilities. • The Producer's electrical system characteristics differ from City of' Seward's standard distribution voltages and configurations (Refer to Subsection 3.5: Standard System Voltages). • The Producer's facility adversely impacts the quality of power delivered to adjacent City of Seward secondary distribution system consumers (Refer to Section 4.1.2: Interconnected Operating Requirements). Where the installation of a dedicated transformer is required, the Producer will be responsible for all labor and material costs associated with the installation. i 5.2.5 Protection and Control Devices — Class B Facilities The general interconnection protective and control requirements for Class 13 installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • "Phis device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over/Under Voltage Protection The Producer's overvoltage and under -voltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [VI (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50% <_ V < 88% 2.00 110% < V < 120% 1.00 V >: 120% 0.16 3. Over/Under Frequency Protection The Producer's over -frequency and under -frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Generator Base Raiting Frequency Range [f] (Hz) Maximum Clearing "Time (seconds) <_ 30 kW f> 60.5 0.16 f < 59.5 0.16 > 30 kW f> 60.5 0.16 f < 159.8-571 Adjustable 0.16 - 300 f < 59.5 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection - Synchronous generators operated in parallel with the City of Seward electric system are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. Therefore, City of Seward requires that speed -matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand-alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE' 1547, Part 5.1.2.C. 5. Ground Fault Protection In general, Class B facilities with a total generating capability less than 40 kVA may interconnect to the City of Seward system without the provision of ground fault protection to limit contributions to ground faults on the City of Seward system. However, in accordance with IEEE 1547, Part 4.2.1, the Producer's interconnection equipment must be demonstrated to cease energization of the City of Seward system to which it is connected under fault conditions on the City of Seward system. Class B facilities with a total generating capability greater that 40 kVA may be required to provide ground fault protection, depending upon the possible fault current contribution from the Producer's facilities to City of Seward system ground faults. The requirement will be determined on an individual basis by City of Seward. �� 5.2.6 Telemetry and Monitoring — Class B Facilities 1. "Telemetry "hypically, Class B facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. 2. Monitoring Generally, City of Seward will not require power quality monitoring for Class B facilities. However, where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system, or the quality of power delivered to City of Seward consumers, power quality monitoring will be required. 5.2.7 Operational Data Logging — Class B Facilities For Class B facilities, City of Seward generally will not require the installation of operational data logging equipment. However, as available or maintained by the Producer, such logs will be made available to City of Seward upon request. I �f 5.2.8 Export Power Control Equipment — Class B Facilities Generally for Class B facilities, control equipment for export power is not required. In certain cases, depending upon the specific contractual agreement between City of Seward and the Producer, additional control equipment may be necessary to control the amount and quality of export power. Such cases will be reviewed on an individual basis. 5.3 Equipment Requirements - Class C Facilities 5.3.1 Application of Minimum Requirements — Class C Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class C generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. • City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization of the Producer's energy: • The total non -utility generating capability (WA), singular or aggregate, on the interconnecting City of Seward feeder is less that 20 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.3.2 Metering Requirements — Class C Facilities In general, the minimum required City of Seward metering for Class C facilities is in/out watt-hour metering. Additional metering requirements, such as reactive power energy metering (VAr-hour), real or reactive power demand metering, or time -of -delivery metering will depend on the specifics of the contractual agreements between City of Seward and the Producer. 5.3.3 Interconnection Disconnect Device — Class C Facilities An approved manual disconnect device is required for all Class C installations (Refer to Subsection 4.1.2: Interconnection Disconnect Ddwice). 5.3.4 Interconnection Transformer— Class C Facilities City of Seward requires that a dedicated transformer be utilized to interconnect all Class C installations with the City of Seward system. In cases where an existing City of' Seward transformer serves the Producer at the proposed interconnection point, that transformer may serve as the dedicated transformer, provided the following conditions are met: • The Producer's maximum generating capacity (kVA) does not exceed the nominal rating of the transformer. • No other City of Seward consumers are served by the existing transformer. Where the installation of a dedicated transformer is required, the Producer will be responsible for all associated labor and material costs. 5.3.5 Protection and Control Devices — Class C Facilities The general interconnection protective and control requirements for Class C installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over/Under Voltage Protection The Producer's overvoltage and undervoltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50% <_ V < 88% 2.00 110% < V < 120% 1.00 V > 120% 0.16 3. Over/Under Frequency Protection The Producer's over -frequency and under -frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [fj (Hz) Maximum Clearing Time (seconds) f > 60.5 0.16 f < {59.8-57} Adjustable 0.16 - 300 f<57 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection - Synchronous generators operated in parallel with the City of Seward electric grid are required to have automatic relay supervision to verify synchronism for perinissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. "Therefore, City of Seward requires that speed -matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand-alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection Ground Fault Protection is required for all Class C facilities. This protection senses phase -to -ground faults on the City of Seward system and initiates tripping (C;_1 of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. The Producer shall provide an appropriate ground fault protection scheme and coordinate with City of Seward on trip settings. Prior to authorization for interconnected operation, City of Seward shall review and approve the ground fault protection scheme and trip settings. i 6. Phase -Fault Protection Phase -Fault Protection is required for all Class C facilities. This protection senses phase -to -phase or three-phase faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. Voltage -restrained over - current relaying, or impedance relaying, is required for phase -fault protection. Prior to authorization for interconnected operation, City of Seward shall review and approve the phase -fault protection scheme and trip settings. 5.3.6 Telemetry and Monitoring— Class C Facilities 1. Telemetry Typically, Class C facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. However, depending upon the specific installation characteristics and contractual agreements, such capability may be required. All cases will be reviewed on an individual basis by City of' Seward. 2. Monitoring Power quality monitoring will be required in cases where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of' Seward electric system or the quality of power delivered to City off Seward consumers. Depending upon the specific requirements, the monitoring system may be required to detect and record such disturbances as waveform distortions, electrical noise, voltage sags or swells, frequency deviations, and harmonic distortions. The requirement for power quality monitoring will be determined by City of' Seward on an individual basis. 5.3.7 Operational Data Logging — Class C Facilities All Class C generating facilities are required to have and maintain a seven (7) day digital data logger which records volts, watts, VArs, frequency, and the status of key system informational elements, including relay targets and interconnection circuit breaker trip operations. The data logger shall provide a standard time ( jt stamp for tracked variables, including date and time of day (HH:MM:SS). City of Seward shall have the right to review these logs, especially in analyzing system disturbances. �C1� 5.3.8 Export Power Control Equipment — Class C Facilities For cases where the Producer and City of Seward formulate a Power Purchase Agreement, the following equipment may be necessary in accordance with the terms of the specific contract: 1. Voltage Regulator/Power Factor Controller The Producer may be required to utilize either an approved voltage regulator or power factor controller in order to control voltage within specified limits. Where a voltage regulator is utilized for this purpose, it must be capable of �I maintaining the nominal City of Seward interconnection point voltage under steady-state conditions, without hunting, and within ±0.5 percent of the required set point (as directed by City of Seward). Where a power factor controller is utilized, it must be capable of maintaining the power factor setting within ±1.0 percent, at full load, at any point between 90 percent lagging and 95 percent leading. For export power to the City of Seward distribution system, a power factor of 1.0 is generally preferred. The Producer's generation may be required to follow a City of Seward specified voltage or VAr schedule on an hourly, daily, or seasonattbasis depending on the specific terms of the power purchase contract. The Producer shall coordinate with City of Seward Power Control Center for specific operational instructions and issues. 2. Direct Digital Control Direct digital control (supervisory control) of unit output from City of Seward's Power Control Center may be required if the unit is to be dispatchable by City of' Seward under agreement. 3. Power System Stabilizer A power system stabilizer (PSS) control system may be required to provide 1 1 r necessary stability to the electrical system when system power oscillations occur. The necessity of a PSS will depend on the generator capacity and characteristics, the location of the interconnection to the City of Seward system, and the system voltage level at the point of interconnection. 5.4 Equipment Requirements - Class D Facilities 5.4.1 Application of Minimum Requirements — Class D Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class D generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection and the utilization of the Producer's energy: • The total non -utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less that 25 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard distribution primary voltages of 7.2/12.47 kV or 14.4/24.94 kV. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Scward system. 5.4.2 Metering Requirements - Class D Facilities In general, the minimum required City of Seward metering for Class D facilities is in/out watt-hour metering. Additional metering requirements, such as reactive power energy metering (VAr-hour), real or reactive power demand metering, or time of delivery metering will depend on the specifics of any contractual agreements between City of Seward and the Producer. 5.4.3 Interconnection Disconnect Device - Class D Facilities An approved manual disconnect device is required for all Class D installations (Refer to Subsection 4.1.2: Interconnection Disconnect Device.). 5.4.4 Interconnection Transformer - Class D Facilities City of Seward requires that a dedicated transformer be utilized to interconnect all Class D installations with the City of Seward system. For cases where an existing City of Seward transformer serves the Producer at the proposed interconnection point, that transformer may serve as the dedicated transformer, provided the following conditions are met: • The Producer's maximum generating capacity (kVA) does not exceed the nominal rating of the transformer. • No other City of Seward consumers are served by the existing transformer. Where the installation of a dedicated transformer is required, the Producer will be responsible for all associated labor and material costs. 5.4.5 Protection and Control Devices - Class D Facilities The general interconnection protection and control requirements for Class D installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over/Under Voltage Protection The Producer's overvoltage and under -voltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, it' the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50% <_ V < 88% 2.00 110% < V < 120% 1.00 V >_ 120% 0.16 3. Over/Under Frequency Protection The Producer's over -frequency and under -frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [11 (Hz) Maximum Clearing Time (seconds) f > 60.5 0.16 f < {59.8-57} Adjustable 0.16 - 300 f<57 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: I • Synchronous Generator Interconnections - Synchronous generators operated in parallel with the City of Seward electric grid are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit beaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. "Therefore, City of Seward requires that speed -matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are . �1 capable of stand-alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection Ground Fault Protection is required for all Class D facilities. This protection senses phase -to -ground faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. The Producer shall provide an appropriate ground fault protection scheme and coordinate with City of Seward on trip settings. Prior to authorization for interconnected operation, City of Seward shall review and approve the ground fault protection scheme and trip settings. 6. Phase -Fault Protection Phase -Fault Protection is required for all Class D facilities. This protection senses phase -to -phase or three-phase faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. Voltage -restrained over -current relaying or impedance relaying is required for phase -fault protection. Prior to authorization for interconnected operation, City of Seward shall review and approve the phase -fault protection scheme and trip settings. 7. Transfer 'Trip Capability Transfer trip capability is required to allow City of Seward system protection to disconnect the Producer's facility in order to ensure that City of Seward system protection operates properly during system faults or disturbances. The Producer shall provide a dedicated, isolated voice grade fiber-optic communications circuit for this purpose. 5.4.6 Telemetry and Monitoring — Class D Facilities 1. Telemetry I I All Class D facilities are required to have equipment to continuously telemeter data to the City of Seward Power Control Center via approved data communications lines provided by the Producer. Telemetering of generation and transmission data is required to enable the system dispatchers to continually monitor the power system from City of Seward's Power Control Center. As a minimum, the following data and measurements shall be telemetered to City of Seward: • Energy Flows (kWh) • Real Power Flows (kW) • Reactive Power Flows (kVAr) • Voltage at Point of Interconnection • Paralleling Device (Interconnection circuit breaker) status 2. Monitoring Power quality monitoring will be required in cases where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of' Seward electric system or the quality of power delivered to City of Seward consumers. Depending upon the specific requirements, the monitoring system may be required to detect and record such disturbances as waveform distortions, electrical noise, voltage sags or swells, frequency deviations, and harmonic distortions. The requirements for power quality monitoring will be determined by City of' Seward on an individual basis. 5.4.7 Operational Data Logging — Class D Facilities All Class D generating facilities are required to have and maintain a seven (7) day digital data logger which records volts, watts, VArs, frequency, and the status of key system elements, including the interconnection circuit breaker status operations and relay targets. The data logger shall provide a standard time stamp for tracked variables, including date and time of day , (HH:MM:SS). City of Seward shall have the right to review these logs, especially in analyzing system disturbances. 5.4.8 Export Power Control Equipment — Class D Facilities For cases where the Producer and City of Seward formulate a Power Purchase Agreement, the following equipment may be necessary in accordance with the terns of the specific contract: 1. Voltage Regulator/Power Factor Controller The Producer may be required to utilize either an approved voltage regulator or power factor controller in order to control voltage within specified limits. Where a voltage regulator is utilized for this purpose, it must be capable of maintaining the nominal City of Seward interconnection point voltage under steady-state conditions, without hunting, and within ±0.5 percent of the required set point (as directed by City of Seward). Where a power factor controller is utilized, it must be capable of maintaining the power factor setting within ±1.0 percent, at full load, at any point between 90 percent lagging and 95 percent leading. For export power to the City of' Seward distribution system, a power factor of 1.0 is generally preferred. The generator may be required to follow a City of Seward specified voltage or VAr schedule on an hourly, daily, or seasonal basis depending on the specific terms of the power purchase contract. The Producer shall coordinate with City of Seward Power Control Center for specific operational instructions and issues. 2. Direct Digital Control :13 Direct digital control (supervisory control) of unit output from City of Seward's Power Control Center may be required if the unit is to be dispatchable by City of Seward under agreement. i 3. Power System Stabilizer A Power System Stabilizer (PSS) control system may be required to provide �f necessary stability to the electrical system when system power oscillations occur. The necessity of a PSS will depend on the generator capacity and characteristics, the location of the interconnection to the City of Seward system, and the system voltage level at the point of interconnection. 5.5 Voice and Data Communications The capability to make direct verbal communications via telephone with the Producer or the operator of Producer's facility is required for all facility classifications. Voice communications must be provided so that operating instructions or notification of system conditions can be given to the Producer or any designated operator of the Producer's equipment as necessary. Accordingly, the Producer is required to provide a 24-hour accessible voice contact telephone number to City of Seward. For larger classifications of facilities, data communications capability is required so that electronic data and/or operating instructions can be transferred between City of Seward and the Producer's facility as necessary. i 5.6 Producer -Owned Electrical Distribution Systems If the Producer owns, maintains, or constructs a primary electrical distribution or transmission system tap line (operated 7.2 kV and above), then, at the expense of the Producer, City of Seward shall install, own, and maintain the following equipment at the tap point: • Fault interruption protection device(s) • Manual isolating disconnect(s), • Metering installations • Supervisory control equipment (as required) 6 INTERCONNECTED OPERATING REQUIREMENTS The general operating requirements and criteria contained in this section apply to all non -utility generation facilities interconnected to the City of Seward electric system. Any Producer operating outside of these requirements, unless provided expressed permission by City of Seward, will not be permitted to operate in parallel with City of Seward and will be responsible Por any and all remediation actions and associated costs prior to gaining approval for parallel operation. The consequences for failing to meet any of these requirements are immediate disconnection and payment of all associated costs. 6.1 Approval for Parallel Operation The Producer may not commence parallel operation of generation facilities without final written approval from City of Seward. City of Seward reserves the right to inspect, test, or perform witness testing of the Producer's equipment or devices associated with the interconnection. 6.2 Discontinuance of Parallel Operation The Producer shall discontinue parallel operation when requested by City of Seward: • To facilitate maintenance, test, or repair of utility facilities; • During system emergencies; • When the Producer's generating equipment is interfering with City of Seward consumers and/or other power producers connected to the City of Seward electric grid, • When an inspection of the Producer's generating equipment reveals either a lack of adequate equipment maintenance necessary to protect the City of' Seward electric grid or conditions that could be hazardous to the City of Seward system. 6.3 Islanded Operation Unless provided expressed approval by City of Seward, non -utility generators are not allowed to operate in an islanded mode with any portion of the City of Seward electric grid. Once the City of Seward circuit(s) connecting the Producer's generating facility is de -energized, for any reason, the Producer shall disconnect from the City of Seward electric grid and will not be permitted to reconnect to it until City of' Seward has re - energized its system. 6.4 Voltage Requirements 6.4.1 Voltage Levels & Fluctuations Per IEEE Std. 1547, Parts 4.1 and 4.2, the Producer's voltage (at the point of interconnection) and interconnection equipment shall adhere to the ratings and recommendations contained in the current American National Standards Institute (ANSI) C84.1 Standard. When operating in parallel with the City of Seward system, the Producer's voltage must be maintained within ±5 percent of the standard City of Seward system voltage at the point of interconnection. Voltage fluctuations may be noticeable as visual lighting variations (flicker) and can damage to, or disrupt the operation of electronic equipment. The Producer shall adhere to the requirements of IEEE Std. 1547, Part 4.3 regarding power quality. 6.4.2 Voltage Regulation and Reactive Power Requirements Operation of the Producer's generator must not adversely affect the voltage regulation of the City of Seward electric grid. Per IE_,EE Std. 1547, Part 4.1.1, the Producer shall not actively rei2ulate City of Seward system voltage at the point of �S� interconnection, and shall not cause City of Seward system voltage to deviate from the requirements within ANSI C84.1, Range A. For synchronous generators, sufficient generator reactive power capability shall be provided to withstand normal voltage changes on the City of Seward system. The generator reactive power requirements, voltage regulation, and transformer ratio settings will be jointly determined by City of Seward and the Producer to ensure intersystem coordinating and operating capability. Producers are required to provide their own reactive power requirements in order to generate within the �I specified power factor range. The parallel operation of the Producer's generating equipment with the City of Seward system will not, under any circumstance, be permitted to cause any reduction in the quality of service being provided to City of Seward consumers. 6.5 Generator Droop Requirements Governor characteristics shall be set to provide a 5 percent droop characteristic (a 0.15 Hz change in the generator speed will cause a 5 percent change in the generator load). Governors must be operated unrestrained to ensure that droop will not exceed 5% and that system frequency is properly regulated. 6.6 Harmonics I farmonic distortion is defined as the ratio of the root mean square (rms) value of the harmonic to the rms value of the fundamental voltage or current (refer to IEFT' Standard 519). Distortion of the harmonic content of voltage and/or current waveforms can cause telecommunication interference, disable solid-state equipment,, overheat transformers, and create resonant over -voltages. In order to protect City of Seward equipment and consumers from damage, harmonics must be maintained within acceptable limits. The Producer shall not exceed the current harmonic limits contained in IEEE Std. 1547, Part 4.3.3. In addition, the Producer shall not produce voltage distortion in excess of the limits specified in IEEE Std. 519, Section 11.5. City of Seward advises that the Producer consider and account fur harmonics in the early stages of facility planning and design. If excessive harmonic distortion is suspected, voltage and current distortion measurements will be performed to determine whether the Producer's equipment is a source of, or contributor to, excessive distortion. If the Producer's facility is found to be the source of excessive harmonic distortion, the Producer will be billed for the investigation costs, and will be held responsible for corrective action to bring the harmonic content within the referenced limits. 6.7 Power Factor Requirements City of Seward requires that all interconnected non -utility generation maintain power factors within the range of 0.95 lagging (supplying reactive volt-amperes) and 0.95 leading (absorbing reactive volt-amperes) at the point of interconnection. Generators operating with power factors outside of this range limit may be subject to reactive power supply charges, unless specific proKi-,Jons are made in the interconnection agreement. Generally, Producers are responsible for providing reactive power necessary to maintain power factors within the specified range when operating in parallel with the City of Seward electric grid. In certain cases, Producers may contract with City of Seward for the provision of ancillary services for reactive power support in order to maintain operation within the specified limits. 6.8 Coordination with the City of Seward Protective System The proper coordination of the Producer's interconnection protective functions with the City of Seward protection system is of critical importance to the safety and reliability of the electrical supply grid. Accordingly, parallel operation will not be authorized or allowed until all required interconnection protective functions and settings have been reviewed and approved by City of' Seward, and properly coordinated with the City of Seward protective system. Specifics on required protective functions and settings can be found in Section 4.0: Interconnection Equipment Requirements. Because most short circuits (faults) on overhead lines are of a temporary nature, City of Seward employs the use of automatic circuit reclosers (ACR) to automatically reclose circuit breakers on faulted lines one or more times within a few electrical cycles after they have tripped. This practice improves the continuity of service to City of Seward consumers by allowing temporary faults to clear before primary protective devices operate to de -energize all or portions of the circuit. '['he protective relays specified by City of Seward for parallel generation interf-aces are intended to disconnect the Producer's generation from faulted or isolated lines before reclosing occurs. To ensure that the City of Seward protection system operates properly, the Producer's protective equipment shall be set to sense City of Seward system fault conditions and discontinue parallel operation with City of Seward before City of Seward automatic circuit reclosing occurs. The Producer shall not resume parallel operation until. • A period of five (5) minutes has transpired following the initial sensing of a fault condition, or, • City of Seward provides authorization to resume parallel operation. 6.9 Maintenance & Testing 6.9.1 Interconnection Equipment Maintenance The Producer shall maintain its interconnection and interface equipment in good order. City of Seward reserves the right to inspect all such equipment at any time. City of Seward also reserves the right to inspect the Producer's facilities whenever it appears that the Producer is operating in a manner unacceptable or hazardous to the integrity of the City of Seward system, or outside of the operating limits specified in these guidelines or contained in the Agreement for Interconnection. The Producer is responsible for ensuring and maintaining the safe, proper operational condition of all interconnection equipment located on the Producer's side of the interconnection. Maintenance records, procedures, and results shall be made available for City of Sew.grd's review and records as required. Depending upon the characteristics and utility of the facility, City of Seward may elect to observe and inspect maintenance work in order to assure the safety and integrity of the interconnection. For larger generation installations, such as Classes C and D, specific scheduling and interval requirements for interconnection equipment maintenance may be formulated within the Agreement for Interconnection. Such requirements may be based on equipment duty, number of operations, ambient conditions, etc. The Producer must coordinate and schedule maintenance on interconnection equipment with City of Seward to ensure the safety of City of Seward personnel and to minimize the disruption of electric service to City of Seward consumers. 6.9.2 Protective Systems Functional Testing The Producer's facilities shall meet the testing criteria contained in IL1?1 Std. iP 1547.1 "IEEE Standard Conformance Test Procedures for Equi[mient Interconnecting Distributed Resources with Electric Power Systems', and the Producer shall grant City of Seward the right to observe functional testing of the Producer's facilities. Periodic functional testing of protective equipment (i.e., circuit breakers, switches, disconnect devices, protective relaying, etc.) shall be defined and coordinated with City of Seward within the Agreement for Interconnection between City of Seward and the Producer. Generally, functional testing of protective relay settings and interconnection circuit breaker operations shall be performed by the Producer every three (3) years. Documented test results must be provided to City of Seward within five (5) working days after the completion of tests. The Producer is responsible to ensure that protective relaying and control systems have available and accessible sensing input terminals or test ports, in order to perform and validate functional testing (see Section X4.1.8: Protection & Control System Testing Conformance). The Producer shall grant City of Seward the right to review and modify the functional testing requirements, as necessary, during the life of the facility. 7 DEFINITIONS Ampere(s) - The unit of electrical current. American National Standards Institute (ANSI) - Private, non-profit organization responsible for approving US standards in many areas, including computers and communications. Area Electric Power System (AEPS) — EPS serving local EPSs. Automatic Circuit Reclosers (ACR) - Circuit breaker equipped with a mechanism that can automatically close the breaker after it has been opened due to a fault. Class A Facility — Non -utility generator installation of 10-kVA output or less, where the system stiffness ratio is at least 100. Class B Facility — Non -utility generator installation with an output of between 10-kVA and 100-kVA, where the system stiffness ratio is at least 50. Class C Facility - Non -utility generator installation with an output of between 100-kVA and 1000-kVA, where the system stiffness ratio is at least 30. Class D Facility - Non -utility generator installation with an output of between 1000-kVA and 5000-kVA, where the system stiffness ratio is at least 20. Converter - Device for changing alternating current to direct current, or direct current to alternating current. Current - The amount of charge that flows past a give point, per unit of time. Current Transformers - Reduce system currents to levels that are appropriate for instrumentation and/or protection circuits. Distortion - The alteration of the original shape (or other characteristic) of an object, image, sound, waveform or other form of information or representation. Distributed generation - Electricity generates from many small energy sources. It has also been called on -site generation, dispersed generation, embedded generation, decentralized generation, decentralized energy or distributed energy. Distribution Primary Voltage - Voltage applied to the terminals of the primary winding of a transformer. Distribution Secondary Voltage - Voltage across the secondary winding of a distribution transformer. Electrical Noise - Noise generated by electrical devices, for example, motors, engine ignition, power lines, and so on, and propagated to the receiving antenna direct from the noise source. Electric Power System (EPS) — Facilities that deliver power to a load. Electric Transmission Voltage -- Voltage transferred from one point to another in an electric power system. Feeder Line - A primary or main distribution power line that distributes or "feeds" power from a substation to the surrounding area, like spokes from a wheel. Feeder lines typically have many smaller "taps" or "pull -off' lines that lead to transformers and service lines serving homes and businesses. Frequency Deviations — Interference in the number of occurrences of a repeated event per unit of time. A change in Interconnection frequency. Gang - A group of wires attached as a collection Grid - A power transmission system. Grid Interactive Equipment - Grid -connected or utility -interactive PV systems are designed to operate in parallel with and interconnected with the electric utility grid. Ground Fault - The temporary current in the ground line, caused by a failing electrical component or interference from an external electrical source such as a thunderstorm. _�l Institute of Electrical and Electronics Engineers (IEEE) - Non-profit, technical professional association of more than 360,000 individual members in approximately 175 countries. IEEE sponsors many electrical and electronic standards. Interconnection - A link between power systems enabling them to draw on one another's reserves in time of need and to take advantage of energy cost differentials resulting from such factors as load diversity, seasonal conditions, time -zone differences, and shared investment in larger generating units. Islanding refers to the condition of a distributed generation (DG) generator continuing to power a location even though power from the electric utility is no longer present. Example a building that has a wind energy conversion system that feed power back to the electrical grid; in case of a power blackout, if the wind energy conversion system continue to power the building, the building becomes an "island" with power surrounded by a "sea" of unpowered buildings. Harmonic Distortion - The presence of frequencies in a device's output not present in the input signal and is multiples of components of the input signal. Induction Generator - Non -synchronous alternating -current generator whose construction is identical to that of an AC motor which is driven above synchronous speed by external sources of mechanical power. Independent Power Producer (IPP) or Non -utility generator (NUG) - Entity, which is not a public utility, but which owns facilities to generate electric power for sale to utilities and (� end users. NUGs may be privately -held facilities, cooperatives such as rural solar or wind energy producers, and non -energy industrial concerns capable of feeding excess energy into the system. Inverter - A switch -mode voltage regulator in which output voltage is negative with respect to its input voltage. Load - An end -use device or customer that receives power from the electric system. Manual Disconnect Device — Means of electrically isolating the non -utility generating facility. National Electric Code (NEC) - United States standard for the safe installation of electrical wiring and equipment. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA). "National Electrical Code" and "NEC" are registered trademarks of the NFPA. While the NEC is not itself U.S, law, NEC use is commonly mandated by state or local law, as well as in many jurisdictions outside of the United States. The NEC codifies the requirements for safe electrical installations into a single, standardized source. National Electric Safety Code (NESC) - Industry -accepted safety standard for overhead and underground electric utility and communications utility installations. Parallel (Electric) - Two or more circuit components connected like the rungs of a ladder. A parallel circuit is a different path for current through each of its components. A parallel circuit provides the same voltage across all its components. Paralleling Device - Each device is directly connected to the power source and receives the same voltage. Parallel Operation — A parallel generation electrically connected to the COS power system which must be considered in the electrical protection of the COS facilities. Potential Transformers - Reduce higher system voltages to lower values that are appropriate for instrumentation and/or protection circuits. Power Grid - Process of transferring electric energy from one point to another in an electric power system. Reactive Power - Portion of electricity that establishes and sustains the electric and magnetic fields of alternating -current equipment. Real Power - The component of apparent power that represents true work; expressed in watts, it is equal to volt-amperes multiplied by the power factor. 0 Separate Operating System — A generating system, which has no capability or possibility of' connecting and operating in parallel with the COS of Seward system. Stiffness Ratio — The ratio of the available electric system fault current at the interconnection point to the maximum -rated current of the Producer's facility. Switchgear - "The aggregate of switching devices for a power or transforming station, or for electric motor control. Synchronous Generator - Machine that generates an alternating voltage when its armature or field is rotated by a motor, an engine, or other means. The output frequency is exactly proportional to the speed at which the generator is driven. Tap Line -Tap lines are electric feeder lines with limited capacity that run from a main distribution line to a few consumers. Telemetry Equipment — Device that measures, transmits, and receives for indicating or recording the value of a quantity at a distance. Transfer Trip - Basically, the reclosure station is equipped to send a signal to the wind farm to tell it to go off line, and the wind farm is equipped to receive and act on that signal. Transformer - An inductive electrical device for changing the voltage of alternating current. Underwriter's Laboratory (UL) - U.S. for -profit product safety testing and certification organization. Uninterruptible Power Systems (UPS) - An uninterruptible power supply (UPS) is a device that maintains power in the event of a failure. A UPS commonly includes a battery that is kept charged and ready. When power fails, the battery supplies power, as long as it lasts. When the battery fails, a UPS may contain circuitry that triggers an orderly shutdown. Voltage - A volt-ampere (VA) is the voltage times the current feeding an electrical load. A kilovolt -ampere (kVA) is 1000 volt-amperes. Volt -Ampere Reactive (VAR) - The unit ofreactive power in the International System; it is equal to the reactive power in a circuit carrying a sinusoidal current when the product of the root - mean -square value of the voltage, expressed in volts, by the root -mean -square value of the current, expressed in amperes, and by the sine of the phase angle between the voltage and the current, equals 1. Voltage Drop - Reduction in voltage in an electrical circuit between the source and load. Voltage Spike - In electrical engineering, spikes are fast, short duration electrical transients in voltage (voltage spikes), current (current spike), or transferred energy (energy spikes) in an electrical circuit. Waveform Distortion -- Electrical device whose output is not identical, in form, to the input signal. a Sponsored by: Hunt Introduction Date: November 26, 2012 Public Hearing Date: December 10, 2012 Enactment Date: December 10, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING THE CITY CODE TO ELIMINATE THE REQUIREMENT FOR ELECTRICAL DEPOSITS FOR RESERVED MOORAGE (TENANT) CUSTOMERS AT THE SMALL BOAT HARBOR AND TO ELIMINATE THE REQUIREMENT THAT RESERVED MOORAGE VESSELS MUST BE CONNECTED TO ELECTRIC SERVICE WHEREAS, city electrical account customers have the opportunity to be exempted from deposit requirements if they are able to demonstrate a good credit history; and WHEREAS, harbor customers also were formerly eligible for an exemption from the electrical account deposit requirement; and WHEREAS, reserved harbor customers, as a group, have good account histories; and WHEREAS, in the unusual circumstance that a harbor account becomes delinquent, the City Harbor Department has a lien on the vessel; and WHEREAS, such liens are an effective means of collecting delinquent accounts; and WHEREAS, the deposit requirement for reserved moorage customers is unnecessary and an administrative burden; and WHEREAS, vessels with reserved moorage need not connect to electrical service unless such service is wanted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Section 7.10.340 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in strilethfough): 7.10.340 Utilities. Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the Harbormaster may specify by regulation. The charge for electrical service furnished within the small boat harbor shall be established by resolution CITY OF SEWARD, ALASKA ORDINANCE 2012-011 of the City Council. A meter deposit shall be collected from any transient moorage customer persen-who connects to the electrical power system. Section 2. Section 14.15.350 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in strikethf,.•.g `: 14.15.350 Service for small boat harbor. (a) Generally. The harbormaster shall have the authority to manage the secondary distribution system serving shore power to vessel slip leaseholders. The management will also include meter reading, billing, and the collection of fees for service connects and disconnects. (b) Availability. All permanent vessels using electrical power shall connect and pay the subject fees established by resolution of the Seward city council. (c) Shore power. Every effort shall be made by the harbormaster's office to provide "shore power" to those transient vessels who that require such service. A deposit and a daily flat rate for power used, as established by resolution of the Seward city council, shall be charged. (d) Type of service. Single-phase,120/208 voltage, 30 amp outlets shall be provided. Any customer requiring changes to the existing electrical facilities must receive authorization from the harbormaster and agree to pay for all costs associated with change. (e) Maintenance and service repair. All maintenance and service requests shall be made to the harbormaster's office. The city will provide those services required to remove, repair or test installed meters. It will, in addition, provide any electrical maintenance assistance as requested by the harbormaster. Any such work performed for the small boat harbor will be charged on a work order basis. Section 3. The city manager is directed to have the Harbor staff refund the electrical deposits of all reserved moorage account customers that are not more than 30 days past due. Section 4. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 101h day of December, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor Council Agenda Statement Meeting Date: November 26, 2012 Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster Agenda Item: Electrical Deposits- Delete requirement for reserved moorage customers BACKGROUND & JUSTIFICATION: Several years ago the City transferred the vessel electrical accounts from City Hall to the Harbor. The City Code allows the possible waiver of electrical deposits for residential and business customers that can document a good credit history. In fact, at the time of the transfer of the electrical bills to the harbor, many harbor customers were exempted from the deposit requirement. However, the City Code does not allow any waiver of electrical deposit for vessel owners —no exceptions. Moorage customers in general and reserved (or tenant) moorage customers in particular, have a history of good payment records. Furthermore, if a vessel owner becomes delinquent the harbor has the legal authority to put a lien on the vessel. The lien mechanism has been a strong lever to force payment. The Port and Commerce Advisory Board PACAB voted unanimously on October 3 to recommend to the City Council that only guest (or transient) moorage customers should be required to pay an electrical deposit. The PACAB board strongly felt that reserved moorage customers should be exempt from the electrical deposit requirement. In order to implement this change, two City Code Titles need to be modified plus one section of the harbor tariff. INTENT: The purpose of Ordinance 2012-Ji and Resolution 2012- is to exempt reserved (tenant) moorage customers from paying electrical deposits. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Continue to support, 1. promote, enhance and develop harbor facilities to accommodate X Seward's growing demand for marine transport facilities. (page 33) Strategic Plan (document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5 3. Other (list): FISCAL NOTE: Deposits are set aside into a separate account. They do not belong to the City. It is anticipated that exempting reserved moorage customers from paying deposits will not have any fiscal impact on City or Harbor budgets. Approved by Finance Department: kL-2� ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Ordinance 2012- �making changes to Titles 7 and 14 of the City Code. Resolution 2012- would make the corresponding changes to the 2013 Harbor Tariff and it is recommended for adoption at the City Council meeting on December 10. City of Seward, Alaska October 3, 2012 Port and Commerce Advisory Board Minutes V ,/,,-, P--- CALL TO ORDER The October 3, 2012 rescheduled regular meeting of the Port and Commerce Advisory Board was called to order at 12:08 p.m. by Deborah Altermatt, Chair. OPENING CEREMONY Chair Long led the pledge of allegiance to the flag. ROLL CALL There were present: Darryl Schaefermeyer, Vice Chair, presiding, and Dan Oliver Steve Fink Bob Linville Carl Hughes Comprising a quorum; and Bruce Jaffa Deborah Altermatt Were excused Also present were: Kris Erchinger, Finance Director Norm Regis, Deputy Harbor Master Mack Funk, Harbor Master Suzi Towsley, Board Liaison Louis Bencardino, Alaska Railroad Christi Terry, Alaska Railroad SPECIAL ORDERS, PRESENTATIONS AND REPORTS Rail Road report, Louis Bencardino- The Railroad had been accommodating vessels as necessary and preparing for the seasonal change over. Halloween and Christmas Carnivals were being planned. The Music and Art festival held at the Rail road terminal had been a success. 2. Harbor Master Report — Dredging was progressing at the Harbor and flooding damage thankfully minimal. The harbormaster was leaving on city business soon. Repairs to the travel lift were underway. 3. Chamber Report- Cindy clock was out of town and her report was written. 4. Administration reported on the ongoing budget process, dredging projects, flood and upcoming travel. City of Seward, Alaska Port and Commerce Advisory Board Minutes October 3, 2012 Volume , Pa e CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING There were none. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Oliver/Linville) Unanimous Consent Approval of Agenda Motion Passed Ms. Erchinger had been invited to discuss and give an overview of the budget and city budget process. The board was able to review and discuss only a portion of the stack of information and thanked Kris for your through review, agreeing that this is a detailed and very in depth process. Bob Linville excused himself and left the meeting at 1:50 Motion (Fink/Hughes) Motion to approve 2012-06, A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE CITY CODE IN ORDER TO ELIMINATE THE REQUIREMENT FOR ELECTRICAL DEPOSITS FOR RESERVED MOORAGE CUSTOMERS AT THE SMALL BOAT HARBOR Motion Passed Unanimously Motion (Hughes/Fink) Motion to approve 2012-07, A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE 2012 AND 2013 HARBOR TARIFFS TO ELIMINATE THE REQUIREMENT FOR ELECTRICAL DEPOSITS FOR RESERVED MOORAGE CUSTOMERS AT THE SMALL BOAT HARBOR Motion Passed Unanimously Motion (Fink/Hughes) Motion to approve 2012-07, A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF PON City of Seward, Alaska October 3, 2012 Motion Passed Unanimously Port and Commerce Advisory Board Minutes THE 2012 AND 2013 HARBOR TARIFFS TO ONLY CHARGE ONE ELECTRICAL CUSTOMER CHARGE PER BILLING CYCLE AT THE SMALL BOAT HARBOR It was discussed and unanimously decided that unless administration and the board decided that a work session was necessary, the October work session was cancelled due to travel. CITIZENS' COMMENTS None BOARD AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS Thanks to Erchinger. ADJOURNMENT The meeting was adjourned at 2:07 p.m. Suzi Towsley Executive Liaison (City Seal) Deborah Altermatt Chair Pam Sponsored by: PACAB CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2012-06 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE CITY CODE IN ORDER TO ELIMINATE THE REQUIREMENT FOR ELECTRICAL DEPOSITS FOR RESERVED MOORAGE CUSTOMERS AT THE SMALL BOAT HARBOR WHEREAS, the City of Seward, Harbor Department staff recommends that reserved moorage customers should be exempt from the requirement for electrical deposits. WHEREAS, other city electrical account customers have the opportunity to be exempted from deposit requirements if they are able to demonstrate a good credit history; and WHEREAS, reserved moorage customers at the Seward Small Boat Harbor, as a class, have good credit records. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD that: Section 1. Titles 7 and 14 of the Seward City Code should be amended as follows (additions listed in bold italic, deletions listed in stfikethfettg ): 7.10.340 Utilities. Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the Harbormaster may specify by regulation. The charge for electrical service furnished within the small boat harbor shall be established by resolution of the City Council. A meter deposit shall be collected from any transient moorage customer per -son who connects to the electrical power system. 14.15.350. Service for small boat harbor. (a) Generally. The harbormaster shall have the authority to manage the secondary distribution system serving shore power to vessel slip leaseholders. The management will also include meter reading, billing, and the collection of fees for service connects and disconnects. (b) Availability. All permanent vessels maefing at slips having using electrical power shall connect and pay the subject fees established by resolution of the Seward city council. (c) Shore power. Every effort shall be made by the harbormaster's office to provide "shore power" to those transient vessels who require such service. A deposit and a daily flat rate for power used, as established by resolution of the Seward city council, shall be charged. N Port and Commerce Advisory Board RESOLUTION 2012-06 (d) Type of service. Single-phase, 120/208 voltage, 30 amp outlets shall be provided. Any customer requiring changes to the existing electrical facilities must receive authorization from the harbormaster and agree to pay for all costs associated with change. (e) Maintenance and service repair. All maintenance and service requests shall be made to the harbormaster's office. The city will provide those services required to remove, repair or test installed meters. It will, in addition, provide any electrical maintenance assistance as requested by the harbormaster. Any such work performed for the small boat harbor will be charged on a work order basis. Section 2. A corresponding change will also be required of the Harbor tariff. Section 3. If the City Council enacts this Ordinance, the Harbor staff should refund the electrical deposits of all reserved moorage account customers that are not more than 30 days past due. Section 4. The City Manager should recommend to the City Council the enactment of a new Ordinance to the Seward City Code. PASSED AND APPROVED by the Port and Commerce Advisory Board this 3rd day of October 2012. THE CITY OF SEWARD, ALASKA Deborah Altermatt, PACAB Chair AYES: Oliver, Fink, Linville, Hughes, Schaefermeyer NOES: None ABSENT: Jaffa, Altermatt ABSTAIN: None Port and Commerce Advisory Board RESOLUTION 2012-06 ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1� ( Sponsored by: PACAB CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2012-07 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE 2012 AND 2013 HARBOR TARIFFS TO ELIMINATE THE REQUIREMENT FOR ELECTRICAL DEPOSITS FOR RESERVED MOORAGE CUSTOMERS AT THE SMALL BOAT HARBOR WHEREAS, the City of Seward, Harbor Department staff recommends that reserved moorage customers should be exempt from the requirement for electrical deposits; and WHEREAS, other city electrical account customers have the opportunity to be exempted from deposit requirements if they are able to demonstrate a good credit history; and WHEREAS, reserved moorage customers at the Seward Small Boat Harbor, as a class, have good credit records. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD that: Section 1. Subsection 225 (e) of the 2012 and 2013 Harbor Tariffs is hereby updated as follows (addition listed in bold italic): Subsection 225 (e) Miscellaneous Charges (1) Meter test, each, when previous test occurred within24 months..............................................................................................$ 52.50 (2) Deposit required for transient moorage customers ........................................ $100.00 (3) Tampering with or unauthorized breaking of meter seal..................................$525.00 (4) Dishonored check fee.........................................................................................$35.00 (5) Reconnection after disconnect of delinquent account ....................................... $ 42.00 Section 2. A corresponding change will also be required of the Seward City Code. Section 3. This resolution shall take effect for the 2012 tariff 10 days following adoption. Section 4. This resolution shall take effect for the 2013 tariff on January 1, 2013. Port and Commerce Advisory Board RESOLUTION 2012-07 PASSED AND APPROVED by the Port and Commerce Advisory Board this 3rd day of October 2012. AYES: NOES: ABSENT: ABSTAIN ATTEST: THE CITY OF SEWARD, ALASKA Deborah Altermatt, PACAB Chair Oliver, Fink, Linville, Hughes, Schaefermeyer None Jaffa, Altermatt None Johanna Kinney, CMC City Clerk (City Seal) 1� Sponsored by: PACAB CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2012-08 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE 2012 AND 2013 HARBOR TARIFFS TO ONLY CHARGE ONE ELECTRICAL CUSTOMER CHARGE PER BILLING CYCLE AT THE SMALL BOAT HARBOR WHEREAS, the several harbor customers have been unhappy when required to pay two electrical customer charges per month; and WHEREAS, a better way to bill electrical customer charges is once per billing cycle. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD that: Section 1. Subsection 225 (2) (i) of the 2012 and 2013 Harbor Tariffs is hereby amended as follows (addition listed in bold italic): Subsection 225 (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. ........ Electricity (per kilowatt hour).......................................................... $0.23 Customer charge (per month billing cycle) .................................. $18.19 Section 2. This resolution shall take effect for the 2012 tariff 10 days following adoption. Section 3. This resolution shall take effect for the 2013 tariff on January 1, 2013. Port and Commerce Advisory Board RESOLUTION 2012-08 PASSED AND APPROVED by the Port and Commerce Advisory Board this 3rd day of October 2012. THE CITY OF SEWARD, ALASKA Deborah Altermatt, PACAB Chair AYES: Oliver, Fink, Linville, Hughes, Schaefermeyer NOES: None ABSENT: Jaffa, Altermatt ABSTAIN: None ATTEST: Johanna Kinney, CMC City Clerk (City Seal) C�s Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2012-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT THROUGH DECEMBER 31, 2013, WITH ALL ALASKA NEWS UNLIMITED, LLC FOR DISPLAY ADVERTISING IN THE SEWARD PHOENIX LOG AT A REDUCED RATE OF $210.00 PER WEEK WHEREAS, the City Clerk's Office produces, on a weekly basis, display advertisements announcing City of Seward meetings which are required by law; and WHEREAS, these ads are usually produced in the Seward Phoenix Log under the section known as the "City Calendar"; and WHEREAS, the City's contract for advertising expires every December; and WHEREAS, the Seward Phoenix Log has provided advertising services in the past and has given the City a huge measure of flexibility in meeting deadlines in order to guarantee that advertising occurs during established code -required, and Alaska Open Meeting Law time frames; and WHEREAS, quotes were requested in October by the City Clerk's Office and received by the Seward Phoenix Log and the Seward Journal by October 24, 2012; and WHEREAS, All Alaska News Unlimited, LLC —The Seward Phoenix Log submitted the lowest quote at $7.00 per column inch which equates to $210.00, and will provide the city's required affidavit of publication at no additional charge; and WHEREAS, it is required by charter and code and in the public interest to publish the bulk of the City's ads in a newspaper of general circulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to sign an advertiser's agreement with All Alaska News Unlimited, LLC — The Seward Phoenix Log for a flat rate of $210.00 per week for the period January 1, 2013, through December 31, 2013, with funding taken from advertising account 101- 1110-5120. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26tn day of November, 2012. 9(0 Agenda Statement Meeting Date: November 26, 2012 From: Johanna Kinney, City Clerk Agenda Item: Annual contract for advertising with All Alaska News Unlimited, LLC BACKGROUND & JUSTIFICATION: Per our city code, the city must advertise in a paper of local circulation, or "newspaper of the city." All Alaska News Unlimited, LLC also offers optimal flexibility for submission with our deadlines and code requirements, plus provides the city with a mailed copy of the notarized proof of publication it needs. In October, the City Clerk's Office requested quotes from newspapers that circulate in the City of Seward — the Seward Phoenix Log, the Seward Journal, and the Anchorage Daily News. All Alaska News Unlimited, LLC — The Seward Phoenix Log submitted the lowest quote of $7 column inch, which equates to $210.00 per week, and will provide the legally required notarized affidavit of publication at no additional charge. This is a decrease in the fee currently charged by the Seward Phoenix Log, and per approval of the 2012-2013 budget, is budgeted for this purpose. 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. Other: ATTORNEY REVIEW: No FISCAL NOTE: The estimated annual rate for the city calendar is now $11,760 and is charged from Mayor/Council account 101-1110-5120. Per approval of Resolution 2011-094, this amount is incorporated into the 2012 and 2013 biennial budget. Finance Approval: kl, . RECOMMENDATION: Council approve Resolution 2012- , and authorize the City to sign a contract with All Alaska News Unlimited, LLC for the period January 1, 2013 through December 31, 2013 at a rate of $7.00 per column inch (pci) plus a notarized affidavit of publication for each city calendar ad at no additional charge. 111 Johanna Kinney From: Johanna Kinney Sent: Wednesday, October 10, 2012 12:32 PM To: City Clerk Okinney@cityofseward.net) Cc: Annette Shacklett (Annette Shacklett (publisher@thesewardphoenixlog.com)); 'Vanta Shafer'; 'legalads@adn.com'; Brenda Ballou Subject: solicitation of quotes for weekly advertising Attachments: 110331 city calendar.pdf Importance: High The City of Seward Clerk's Office is soliciting quotes for a one year contract to place a weekly ad for its legal notifications, effective January 1, 2013 to December 31, 2013. The contract is subject to City Council approval by resolution. Attached is a past advertisement for an example of how much text is involved. A minimum of 30 column inches is needed. Currently, a half page ad of 30 column inches is what is being used. Each ad would come out on a weekly basis, and would need an affidavit of publication for legal proof of publication. Preferred submittal dates would be a few days before publication, if possible. If interested, please submit a quote including cost per column inch plus cost for a weekly notarized affidavit of publication. Quotes must be received no later than October 24, 2012 by 5:00 p.m. The City of Seward is tax exempt. Johanna Kinney, chic City Clerk, City of Seward Post Office Box 167 Seward, Alaska 99664 p: 907.224.4045 e: clerk@cityofseward.net f: 907.224.4038 w: www.cityofseward.us Johanna Kinney From: Annette Shacklett <publisher@thesewardphoenixlog.com> Sent: Wednesday, October 24, 2012 4:00 PM To: Johanna Kinney Subject: Advertising quote from The Seward Phoenix LOG Attachments: Seward City Quote- letter- 121024.pdf Hi Johanna, Attached is the quote for city clerk's office advertising in The LOG. Please let me know that you've received this email. A couple changes this year. We've changed our rate structure some and can offer a lower price. And we won't be charging the city clerk's office for affidavits. Please let me know if you would like more information. Many thanks, -- Annette Annette Shacklett, Publisher The Seward Phoenix LOG & The Tundra Drums 232 Fourth Ave., P.O. Box 103, Seward, AK 99664 907-224-4888 publisher@TheSewardPhoenixLOG.com NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not seam Forget previous vote IC� Oct. 24, 2012 Seward City Clerk City of Seward. Alaska As the long-standing newspaper of record in the City of Seward, we are pleased to provide this quote for the advertising of the City Calendar during the year 2013. Additionally we offer more as part of a package. Because we've changed our rate structure somewhat, we can now offer display advertising placed by the City Clerk, such as the weekly City Calendar, at a column inch (one column wide by one inch tall) rate of $7. The ad cost of the half page calendar ad would be $210 per week. The deadline for the content for the City Calendar ad will be 5 p.m. each Tuesday the week of publication. If The LOG needs to print at an earlier time (Thanksgiving week for instance) the deadline will change. At least one week's notice will be provided on these occasions. This same $7/c.i. rate would apply to any display ads placed by the City Clerk. Ads other than the City Calendar must be placed by noon Monday the week of publication. Public Notices placed by the Seward City Clerk's office will be discounted 25% from the open rate of $2.25 per line. Affidavits of publication will be provided by the publisher for each unique advertisement no cost. Lastly, to further the City of Seward exposure on the internet, a small (310 x 150 pixel) web ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the duration of this agreement at no additional charge. The content of the ad will be provided by the City Clerk and can be changed as needed, no more often than weekly. The ad will link to a URL of the City's choice. Thank you for the opportunity to provide this quote. The LOG looks forward to continuing to publish advertising for the City of Seward. Regards, —Annette Shacklett Publisher ALL AL.ASKA NEWS UNLIMITED, LLC dba dba i�i1oeni L^Y" � MS I l.l '1dr l DRU P.O. Box 103, Seward, AK 99664 907-224-4888 • circulation@IheSewardPhoenixLOG.com ADVERTISING AGREEMENT This agreement is between All Alaska News Unlimited (AANU) dba The Seward Phoenix LOG and the City of Seward, Clerk's Office hereinafter referred to as the "Advertiser." The Advertiser agrees to advertise in products of AANU, as described below, for a period of twelve months from the effective date of this advertising agreement. TYPE RATE ❑ Volume Agreement $ per year $ ■ Periodic Agreement ■ Weekly $7 per column inch ❑ Every Other Week ($210 per half page) 0 Monthly Any ads placed by City Clerk ■ Other. Describe: Public Notices placed by the Seward City Clerk's offlce will be discounted 25%. Affidavits of publication will be provided by the publisher for each unique advertisement at no cost. A 310 x 150 pixel ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the dura- tlon of this agreement at no additional charge. The content of the ad will be provided by the city clerk and can be changed as needed, no more often than weekly. The ad will link to a URL of the City's choice. Describe any other contingencies: The Seward City Clerk will submit content for the weekly City Calendar by 5 p.m. each Tuesday the week of publi- cation. If The LOG needs to print at an earlier time (Thanksgiving week, for Instance) the deadline will change. At least one week's notice will be provided on these occasions. Ads other than the City Calendar must be placed by noon Monday the week of publication. First Advertisment Runs (Effective Date): January 3, 2013. AANU agrees to not increase the rates during the term of this agreement unless printing costs increase more than 15 percent. if AANU increases rates Advertiser will receive 30 days notice of such increase and will have the option to modify Advertisers commitment level or cancel the contract without penalty to Advertiser. Except for those rate adjustments listed above, AANU will not increase rates to Advertiser during the term of this agreement, If Advertiser runs more advertising than committed, then Advertiser may be eligible for a rebate for all advertising placed during the term of this contract. The rebate will be determined by recalculating Advertiser's billing at the rate that would have applied had advertiser signed for the volume actually ran. Any rebate earned will be Issued in the form of a credit to the advertiser's bill, but in no case will the resulting credit reduce Advertiser's actual dollar volume below the minimum level for that commitment. If Advertiser does not complete the commitment, for any reason, then ANUU reserves the right to recalculate Advertisers bill based on the actual volume achieved and to increase Advertiser's bill (short rate). In recognition of this agreement, the parties affix their signatures as follows: Advertiser Signiture Print Name AANU Signiture /FJ Print Name AUA),eT (e- V. dba pr ire Sewardhl�l Copies to: Advertiser, Sales Representative and Publisher ALL ALASKA NEWS UNLIMITED, LLC P.O. Box 103, Seward, AK 99664 907-224-4888 advertising@'IheSewardPhoenixLOG.com V Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $2,508,000 FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION MUNICIPAL MATCHING GRANT PROGRAM TO CONSTRUCT THE NORTH SEWARD WATER STORAGE TANK, AGREEING TO THE TERMS AND CONDITIONS OF THE GRANT AGREEMENT, AND AUTHORIZING $170,000 FOR STATE GRANT ADMINISTRATION SURCHARGE FEES AND APPROPRIATING FUNDS WHEREAS, the city has been pursuing funding necessary to construct a 600,000 gallon water storage tank and pumping facility in an effort to increase necessary chlorine contact time and buffer demand for water during periods of peak tourism and high industrial usage; and WHEREAS, in 2010, the city was successful in acquiring grant monies through the American Reinvestment and Recovery Act sufficient to complete Phase One of The North Seward Water Storage Tank Project: Waterline Intertie; and WHEREAS, an additional $1,991,999 in state appropriated funds has been identified and approved as the required match for this grant; and WHEREAS, in August of 2011, the City of Seward through the State of Alaska Department of Environmental Conservation submitted questionnaires seeking funding for the completion of the North Seward Water Storage Tank and Pumping Facility Phase II; and WHEREAS, in September of 2011 the Seward City Council designated the North Seward Water Storage Tank and Pumping Facility Phase II as the city's number one local state funding priority for fiscal year 2013; and WHEREAS, the city successfully procured an additional $2,508,000 in funding through the Alaska Department of Environmental Conservation Municipal Matching Grant Program; and WHEREAS, the cost estimate submitted with the grant application requested the maximum amount allowed for state grant administration surcharge fees totaling $170,000 or 5% of the total grant award; and WHEREAS, the total state grant administration surcharge fee is $340,000 or 10% of the total grant award; and WHEREAS, in order to properly account for these costs, funding in the amount of $170,000 CITY OF SEWARD, ALASKA RESOLUTION 2012-087 must be charged to the project; and WHEREAS, the grant will not cover the full cost of administrative fees, so funding for the state grant administrative surcharge will come from the Water Enterprise Fund reserve account; and WHEREAS, accepting the terms and conditions of the grant agreement, as well as, the responsibility to operate and maintain the proposed water quality utility improvements, as attached hereto in substantial form, is required to accept the total award amount of $2,508,000 from the Alaska Department of Environmental Conservation Municipal Matching Grant Program; and WHEREAS, authorizing the City Manager to agree to the terms and conditions of the grant agreement, as well as the responsibility to operate and maintain the proposed water quality utility improvements thus accepting the total award amount of $2,508,000 is in the best interest of the city by allowing the city to utilize the funds to invest in critical infrastructure, follow regulations set forth by the Alaska Department of Environmental Conservation, and buffer demand related to tourism, commercial usage and the high transient population observed in Seward during the summer months. 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 accept the terms and conditions of the grant agreement, accept responsibility to operate and maintain the proposed water quality utility improvements, agree to the terms and conditions of this grant offer, enter into a grant agreement with the Alaska Department of Environment Conservation Municipal Matching Grant Program and accept the total award amount of $2,508,000. Section 2. The state grant administration surcharge fee in the amount of $170,000 is hereby accepted for the project. Section 3. Total project funds in the amount of $2,848,000 are appropriated as follows: 1) $2,508,000 from account no. 709-7092-4680-0200 to the Infrastructure Costs Fund account no. 709- 7092-5926; and 2) $170,000 from the Water Enterprise Fund reserve account no. 701-0000-3071- 0101 to the General Fund administrative fee revenue account no. 101-0000-4410-0410. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26`h day of November, 2012. �©2) Agenda Statement Meeting Date: November 26, 2012 To: City Council Through: City Manager Jim Hunt From: Public Works Director William Casey Agenda Item: Accepting a grant in the amount of $2,508,000 from the Alaska Department of Environmental Conservation Municipal Matching Grant Program to construct the North Seward Water Storage Tank, agreeing to the terms and conditions of the grant agreement, authorizing $170,000 for State grant administration surcharge fees and appropriating funds BACKGROUND & JUSTIFICATION: In 2000, the Design Study Report completed by CRW, identified a 600,000 gallon water storage tank as a necessary improvement to the City of Seward water system. The proposed site for the new water storage tank was the Forest Acres area at an elevation that matched the Lowell Canyon tanks. Since that time, city staff with the assistance of CRW Engineering, has continued to pursue funding for this project. The project is currently at 35% design. On three separate occasions, city staff submitted an application with the ADEC Municipal Matching Grant Program. In 2011, city staff worked collaboratively with CRW Engineering and submitted another questionnaire with the ADEC Municipal Matching Grant Program. Unlike previous submissions, the city successfully acquired $2,508,000 through the MMGP program. In addition to the funding acquired through the MMGP program, Seward also received a state appropriation of $1,990,000 to aid in the success of this project. The state appropriation is enough to cover the required 30% match and allow for a contingency fund. The cost estimate submitted with the grant questionnaire and application requested the maximum dollar amount allowed for grant administration surcharge fees totaling $170,000 or 5% of the total project cost. The actual overhead grant administration cost totals $340,000 or 10% of the total grant award. In order to properly account for these costs, funding in the amount of $170,000 must be charged to the project. Since the grant will not cover the full cost of the grant administration fees, funding for administrative costs will come from the Water Enterprise Fund reserve account. INTENT: Authorizing the City Manager to accept the terms and conditions of the grant agreement and secure grant funding I the amount of $2,508,000 from the Alaska Department of Environmental Conservation Municipal Matching Grant Program. Accepting the responsibility to operate and maintain the proposed water utility improvements and appropriate funds for administrative fees that are not covered by the grant award. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 27: Continue to 1. upgrade and expand utilities to meet existing needs and encourage future X development 2 Strategic Plan (document source here): Page 18: Promote a Safe X Community 3. Other (list): Design Study Report completed by CRW in 2000 X FISCAL NOTE: The Alaska Department of Environmental Conservation Municipal Matching Grant Program funds a maximum of 5% of the total grant award for costs related to grant administration. The actual costs related to grant administration is 10% of the total grant award. To properly account for the total costs of this project, it is necessary to charge those administrative fees to the project in the amount of $340,000. Since the grant will not cover the full cost of administrative fees, funding for administrative fees will be appropriated to the General Fund administrative fee revenue, account no. 10 1 -0000-4410-0410, from the Water Enterprise Fund reserve account no. 701-0000-3071-0101 in the amount of $170,000. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution 2012- ��� authorizing the City Manager to accept the terms and conditions of the grant agreement, accept responsibility to operate and maintain the proposed water quality utility improvements, enter into a grant agreement with the Alaska Department of Environmental Conservation Municipal Matching Grant Program and accept the total award amount of $2,508,000, as well as, authorizing $170,000 for grant administration fees and appropriate funds. 51 —nna E-,- I11"s t r"I �03 M Tm FE, STXFF 4� 6 A of /k� T t, q Septcrnber 24, 2012 Mr. James Hunt City :Manager City of Seward P,C). Box 167 Seward, AK 99664 Deps,rtmnt of Fzvirownantzl Consenrnt�w,,, DIVISION OF Wi',,'T-R Pn'^" (once Box I I 18W I P "'Sko 99811-18W Maim 907 465.5300 Fox: 907.465.5 ` Grant Offer: City of Seward - North Scw,xd Water Storage Tank & Putr-ing Facility (M-MG#76914) Dear Mr. Hunt: In acc,fHancc AS 46.03.030, the Depart':n,_-Tlt of 7vA1i:,onr,-,nta1 Consen-atio- is pleased to offer the City of Seward (C antee) a grant ^f funds not to exceed $2,508,000. The project will conNn--ict a rcn- water tank that cHcriine contact time for disinfection of the �7 W-i N,ls water sup-h-as wA as pro -,,ides additimial storage carmcit7 for the water systen . The project consists or 600,000 f-�R'lon insulated steel water storige tank. press ire. di-,1-1-lbution pui-rps, an energy efficm-nt bulldii,,tg to house pressure plamps and controllS, site ,vork, ;water inain connections to the existing -.:;gills and di,-�-i' bution z. at'Ad other fleCded llnPrl I 7,e es-H."m-ated cost for this project, as pby the grantee, is $4,330,000. Huwe�-�-Ir, pursuant to , r �."Yvided PT AS 46,03,030(c), thc;�nt amount is li-mited to the available sppropriAtion of $ 2,508,000, and 70 percent of eligible project co!lts. To receive the full amount of grant fonding nnvai,ablc, eligible 1 1�7 projects costs mast -,DtA at le"'Ft $3,582,8577 (70 pe-r-ent of tn-;szmn nt is equal to the funding available in -3'is zrint), This g ant will be administered by the Dep2r�,=cnt using funds - ic!,� wcw, included in the State I m fisr.nl year 2013 cn-pit:=l bndzg;et b& (SB160)aRocation for this proif,'C' - 'I'h1j offer is 1--,, s)rrsily conditioned upon the Grantee accepting the cffcr and acrrvci ' g to comply VII-A-h the -,7�r:n.s and limitations c-,-,ntained berem, ;n 2 AAC 45.010 (enclosed), in 18 11"kC 73 (enclosed), and is based on estirnated ch-gible project costs ai itc.-nized below: C:!-,-,,• of Sep...,-d MNIG # 76914 Total Estimated )-'l "igibie Project Costs 1. Admiim'r-,n-H-,-e . . ........ .................... . $170,000.1 2. HnMrcring Design S330,000 3. EnFineening Constn.ctiion 5500' 4. Constru,:i,,)n 5. Eqt�ip--nent S2,660,000 $01 6. Other 7, Project Contingencies 1. $670,CX1( 8. Total Esti-n,-°,^d I-Nigible Project Costs .......... $4,3301000 ----- �___..,�,... — " - - - . . ......... . . - - - --- --, $2,508,000 1 -, Adjus-n-m-mr of e-�Tm�!m-'-1. , Ates -,vid-tin the budgeted cost il.-M.ms is allowed. If actual project costs axe less than the total estimated eligible matching costs, the grant will be reduced to the extent necessary to comply with the percentage limitation set forth in this offer. Grant pay --tints will be made when expenses have been incu7red and documentation has been pr-,-'ded to the I 7--rtn-.ent along with the payment request fonln, unless a pay-,-,.-nt schedule is (!Ft:7blisbcd as a special condition of this gTant. Payments will norm-ffly be made mr,nthly, but no � more fr.-�uendy than twice per month. All rf!quests for payment must be suhrnl,'-'-d on '?:2 enclosed Rcqlaest for.n n t fo-rr, " e Request for Payment fc,—,. can also be found at: htti�://'dec.alaska.gov/water/muriigrant/form.i.h-r,!. The grantee should scan the Reqv-est for Pay".ent Form and backup documentation and e-mail it both to the p-elect engineer for eligibility re7lew, and to the Municipal Adminij-=tive Tearn (MAJ) at: Beth.Vertelll@alaska.gov DEC, ",%Ater.M GLM.A.771�alaska.gov Mail the original signed Reqnest for Pzy—en,-, Fcrrn to the address noted below; backup documentation --� r <^ pay request does not need to be mailed. If nrrE ztF e does nor hm. scanning capability, iz"Mntn- should mail the Request for Paymcr.t Form and backup to: Page 2 of 5 City of S>R77,-ard MSG # 76914 Alaska Department of EnvironnIental Conservation Division of Water, MunicipalMatc1iing Grants & Loans Proram. A tt-;: MAT {Vunizipal Administrative Team) P.O. Box 1111 800 410 %77,*Illoughby Avenue, Suite 303 Juneau, AK 99811-1800 Pay request(i) totaling less than one thousand will be held for payment until the one thousand threshold is tnct. Upon tl-e threshold being met, ADEC will proCC��!,,�4,.h .. Yit. . ...... flan_ A1212rova: The Grantee agrees to obtain plan and specification approval fTom 1.1-1 accordance with 18A-AC 73.020 prior to issuing a Notice to proceed with Construction to a contractor. 2. Contr,,,,-tAw�ir�-!,,tnd('ont.r"]qtorBoadiqg - 3 . . . ..... .. . .... . _Rjj��L: a. ;,.e Grantee agrees to bid construction conrracts exceediln;,, $50,000. Adequate time (not less than 30 days) shall be allowed bcm7cen tic date of formal acivexvs:,.-Tient and the date the bids :nijst be submitted. b. '17) e Grantee 7, ce 6 to submit procedures for award of construction con rract-, of less than S50,000 to the Deoz:,in-itnt for pnior approval when means than the (—=petitive biddin,f, proccssaxe proposed. c. The Grantee must require the contractor to ft:,—,;sh pe-En.-tranceand pay, cntbonds in accordance with AS i( ,25.010. d. If loc,.doz federal ordinances or regulations also apply to the contract,,!-,-.�sird orcorv^�77 bonding rt:q=' ---nents for this project, the most stringent requirements shall apply, e. The (3'ranrccarm,.es to provide the Department with a summary of itrT-,.,;2ed bid tabu!at:ons, a copy of the Notice to Proceed, and a copy of the con on core -act. 3. Change (2rders: The Grantee agrees that all project change orders will be submitted to the Dep-,-.ent for spproval in accordance vHtth 18 AAC 73.020(e). 4. Proiect Conplqqon; The Grant" agrees to prrnride sufficient local funding to rnaf-rl,, State and federal grant assi.,:i,nficc and to ens -re the completion of a proper!--- functioning project in -accordance --l-r.h 18 AAC 73,0200). Oj2eration and M--'qtonance: The Grantee agrees to operate and maintain the completed 6. Titles qnd The Grantee agre,-,-, to obtain all titles and easements necessary to provide clear title or aurho,-'7,,- to construct and--fintain the proposed projc,-.. Page 3 of 6 M C-t of 1%fKIG # 76914 !LJigibility: 7111e Grar.me acknowledges that disbur,,eriien, of progress payMfmts by the State does not constitute acceptance of any item as an eligible project cost until all project costs arc aud;r.cd and det=,.ined to be eligible. Ineligible project costs must be included in the 5nal audit rt-.)Ort. 8. Inspection: -.Mae Grantee agrees to allow,, at any reasonable time, Depart-rnnnt lr�pecrion of all project work and audit of related records and data for which this *-ant is offered. 9. Rcqardg,: The ntee agrees to in i i i aintain project accounts and records which verifV the f-,amr eligibil-it-, of project expend[Mres. These accounts and records shall be kept apart f'ron-i nnn- grant eligible local records and from those records maintained for the ptupose of other State or federal grant progrrlms involved in the project 10. Progess RqL)orts: Granteeagrces to submit progress reports on the proposed project w"t pall'mt%ir request or at a minimum, quarterly. StAo Da-e: The dc-,rkrtment will in its discretion,,%rithdraw an accc'�tcd 7ant if coriFtruction has not been started within one year after the date of the offer was extended In accordance ,vith 18AAC 73-030 (f . 12. Pr t .nd L ate. Funds made available to a grantee under a fully executed signed ag---^-inent by 71,,% dep2---,7.',cnt shall be o.-,�ncnded within t-,vo (2) years from the cffe'-T-;-'%1 offer date, Dep2r-rnnnt n-+av cancel the protect and seek to have the finds re-rpr7r)pri2ted for other An extension niay be l7.luited by &,c dcparmn-Int upon wr"^n request and good cause shown by the t�-zantcc. I I 13. R-i�r iki F=.ds p 2M 617C 0 tl�l- . ...... aftcr..plject Cornp�jgg: If nhe entire grant ount is not utilized df r - on- nal scope of work, the Dcpa=ent rnay seek to have the remaining funds re -appropriated for other projects on priority list. 14. Amgricvris -%-4t-h-D_isab The Grantee must certify that projects and services provided under this gt2r- are ,nadc ivailable to the general public in compliance the Americans ITIITl, Disabilities Act of 1990. 15. DLg-in-in!tnon: The Grantee agrees to ad-rninister rliis grant in a non-discriiiinatory manner. No personshallbe discriminated against based on race, religion, color, national origin, gander or disabil-'Irr. 16lea es: 'Ibe Gr antee shall hold and save the Depa-,v!,nent, its officers, apf!nts, and harmless from liability of any kind, including costs and expenses, or c account of any and all s,,iit5 or damages of any nature, susElined by any ptn-ioa or persons or proper-o7, byvirtue: ofperfoi ance of the grantee, or any person or entity acting in place of or for the Grantee for this project. 17, C,-Aat 4Qnacknowledges to rescind - : The Grantee acknowlthis41, ges the z*ht of the Depart grant and seek recoven, of paynients already remade if the Grantee his provided inccnlcc!' or misleading infcrmacion to the Depar-rnent or if a grant condition contained herein or in 18 Page 4 of 5 City OfS4"x'-'.Ard 1 `4 1 NIG # 76914 AAC 73 is violated, '1111is �,,-ant offer may be te--minated at any ". -,e it Is in the best interest of the State to do so. SEF �al, �,GR.NNT For purposes of eligibility, My 1, 2012 is the effectit-C date of this grant. Please carefully this grant offer, the related grant conditions, and the cnclor,?�� ref.1,Wations. if satisfactn7% sign ard return the oill Mtal, along, v,-ith a formal resolution accepting bv the C:-"� --azd, til thc,, nt enacted 1, � of Se�, In the resolution ncc must n7pce to accept responsibility to opento and maintain the Proposed Water utility iMprowments and agree to the temns and conditions of this grant offer Mall signed originals (grant offer and resolution) to the following address: Alaska Dcnnurtmenr of Environmental Consc:7ati.on Division of Water, Nfunicipal'Matching & Loans Program At ' Munici,-P-1 Administrative Team.) P.O. Box 111800 410 Willou ghby Avenue, Suite 303 Juneau, AK 99811-1800 Accepra-ce of the grant is required within six months to prevcr,., revocation of the offer. No progress nwillerits can be made until this gran- offer is signed by the C-nntee and returned to the Depa-Itnent, Nothing in this offer, whether or tint accepted, may be deemed to Constitute a contractual obligation or the Hart of the Depa7nncrit until a resolution of acceptance has been received, The Depar--ent is pleased to offer this assistance to the people of the City of Scward. Sincerely, :Michelle Bonnet Ditecfor I.-,.ncicsures: 2 AAC 45.010 18 7-010 Construction Grant Project Eligibility Request for P-,-rnent cc: The Honorable C-!-,, Stevens Alaska State Senate The Honorable Seaton, Alaska SL-irc House (A'Represent 2,14ves Beth Verrelli, ADI'.-'C Project Engineer Pazc 5 of 6 110 Accci—ed on behalf of dic sigrarme Page 6 of 6 of Sevatd DEPARTMENT OF ENVIRONMENTAL CONSERVATION 18 AAC 73 CONSTRUCTION GRANTS As amended through November 24,1994 Walter J. Ifickel, Governor John A. Sandor colunlissioner Register 132,January 1995 ENVIRONMENTAL CONSERVATION (e) A project to constrict sewage collection lines, trunk lines, interceptors, force mains, or pump stations is eligible for a grant under this chapter only if adequate sewage treatment facilities exist, or will exist, after the project is complete. For purposes of this subsection, an "adequate sewage treatment facility" is one that coriftm-ris, or is on an approved schedule to conform, with the standards established in 18 AAC 70 and 18 AAC 72 and that has sufficient capacity to treat the increase in flow that will result from the project for which a grant is sought. (t) Grant -eligible costs may be incurred up to 120 days before the date of the state 0-rant offer. Grant -eligible costs include construction, equipment, engineering, legal, and administrative expenses that are incurred as a direct result of the project, or that are otherwise directly attributable to the project, with the following conditions: (1) if approved by the department, the costs of engineering design, construction management, inspections, and actual construction performed in-house are eligible for grant reimbursement; force account labor and equipment charge rates must be approved by the department before expenses are incurred against the grant; force account rates may include salaries except as provided in (g) of this section, benefits, and vacation and sick leave, and must be submitted in a format specified by the department; (2) the capital costs of landfill operating equipment are eligible for grant reimbursement; the department will determine the eligibility of equipment costs, based on the size and type of equipment required to perform the work and the percentage Of time the equipment is to be used for activities other than operation of the landfill-, (3) the costs of preparing project -specific facility plans and feasibility studies, planning reports, as -built drawings, and operation and maintenance manuals are eligible for grant reimbursement; and (4) for a water quality enhancement project, the costs of preparing reports, testing, research, education, enforcement, and cleanup programs directed toward discovering or solving potential or existing water pollution problems are eligible; before a grant will be made for these expenditures, a grantee must have a department -approved program plan. (g) Grant -ineligible costs include expenditures associated with acquisition of land and rights -of -way; purchase of privately -owned water, wastewater, and solid waste facilities*, interest and financing; formation of local improvements districts; operation, maintenance, or system repair; preparation of" grant applications, salaries of existing administrative staff working normally -.scheduled hours; arid vehicles used to collect and transport solid waste from its point of generation to a point of disposal. Notwithstanding the provisions of this subsection, the following costs are eligible for grant reimbursement: (1) the cost of land when used for a solid waste landfill site or as an integral part of treatment process; Register 132, January 1995 FNVIRONMENTAL CONSERVATION (f) Construction contracts for work that is estimated to exceed $50,000 in cost may be awarded only through a competitive bidding process with at least 30 days advertising before award, unless an alternative method is approved by the department. Construction contracts for less than $50,000 may be negotiated if the department approves the grantee's solicitation and negotiating procedures. (g) The grantee shall submit to the department, for review and concurrence, a tabulation of all bids received, a complete copy of the lowest bid, a copy of the notice to proceed with construction, and a copy of the construction contract. The contract must be awarded to the lowest responsive, responsible bidder, unless the department waives this requirement. The department will withhold grant payments pending review of and concurrence with the bid tabulation, the notice to proceed, and construction contract. (11) Project sites, materials, and records are subject to inspection and audit by the departrnent. The department will give adequate notice to the grantee and will schedule inspections at a reasonable time. tP (1) A grantee shall maintain project accounts and records supporting the grant eligibility of project expenditures. These records must clearly separate eligible and ineligible project costs. The grantee shall maintain project accounts and records until the project field audit has been performed and the findings of and exceptions to the audit have been resolved, 0) The grantee, by accepting grant assistance under this chapter, agrees to construct and operate a system or construct a project awarded a grant tinder this chapter in accordance with the approved plans and specifications. Failure To meet the requirements of this subsection may result in withdrawal of grant assistance. (k) The department will, in its discretion, include other terms and conditions in a grant offer that it considers necessary to ensure compliance with this chapter. (1) The grantee shall submit to the department for review and concurrence copies of all profiessional services contracts associated with the project. A professional services contract need not be submitted before work begins under that contract. A professional services contract is - eligible for grant reimbursement only if concurrence is obtained before the department conducts tD the project field audit, (Eff. 12/10/77, Register 64; am 6/11/8 1, Register 78; am 11/24/94, Register 132) Authority: AS 46.03.020(10) AS 46.03.030 AS 46.03.090 AS 46-03.720 Register 132, January 1995 ENVIROMMENTAL CONSERVATION (d) The grantee shall submit a resolution accepting the grant offer, adopted by the governing body of the municipality, or by the governing body of each municipality if the project is a joint venture of municipalities. In the resolution, the municipality must agree to accept responsibility to operate and maintain the proposed water, wastewater, or solid waste processing, disposal, or resource recovery system or to conduct the water quality enhancement project and must agree to the terms and conditions of the grant offer. No action by the department will be considered as creating a contractual obligation on the part of the state until the resolution has been submitted to the department. (e) The department will, in its discretion, withdraw any grant offer that is not accepted within 180 days after the date the grant offer is extended. (t) The department will, in its discretion, withdraw an accepted grant if construction has not been started within one year after the date the grant offer was extcnded. (Eff. 12/10/77, Register 64; am 6/11/8 1, Register 78; am 12/13/88, Register 108; am 11/24/94, Register 132) Authority: AS 46-03.020(10) AS 46.03.030 18 AAC 73.040. STATE GRANT SHARE. (a) For the purpose of calculating grant share percentages tinder AS 46.03.030(e), the department will use population figures deten-nined by the Department of Community and Regional Affairs, based on the most recent figures available from the United States Bureau of the Census or other reliable Population data. If a grant application is made by a borough or unified municipality on behalf of a city, service district, or other entity within the borough or unified municipality, the grant percentages will be based on the population of the borough or unified municipality. (b) If the award of a grant under AS 46.03.030(e) would result in a grantee obtaining financing in excess of 100 percent of eligible costs, the state grant will be limited to the amount required to complete 100 percent financing of eligible project costs. (c) A grantee may match the state grant share with any combination of (1) local money; (2) federal nioney; and (3) state money other than money received under this chapter or AS 37.06. (Eff. 12/10/77, Register 64; am 6/11/81, Register 78-. am 12/23/88; Register 108; am 11/24/94, Register 132) Authority: AS 46.03.020(t0) AS 46.03.030 Register 132, January 1995 ENVIRONMENTAL CONSERVATION (B) an adjustment in contract price or time; (3) "construction -ready" means plans and specifications that are signed and sealed by a registered engineer and are ready for bidding purposes, (4) "department" means the Department of Environmental Conservation; (5) "eligible project costs" means those project costs that conform to the requirements of AS 46.03.030(d) and this chapter; (6) "final cost statement" means an itemized list of all eligible and ineligible project costs and a statement of total funding for the project; (7) "force account" means work performed by the grantee with its employees; (8) "grantee" means a municipality, or combination of municipalities, that has received a construction grant offer under this chapter; (9) "registered engineer" means an engineer registered under AS 08.48.211; (10) "sanitary sewer system" means pipelines or conduits, pumping stations, and force mains, and all other appurtenant construction, devices, and appliances used to convey human or industrial waste to a point of treatment and discharge-, (t I ) "start of construction" means the effective date set out in a notice to proceed with construction issued to a contractor; (12) "storm sewer system" means pipelines or conduits, pumping stations, and -force mains, and all other appurtenant construction, devices, and appliances used for conveying storm water drainage and runoff to a point of ultimate disposal or discharge-, (13) "water supply system" means any source of water, intake works, collection systeni, treatment works, storage facility, or distribution system from which potable water is available for !,,,%-f) or more individual dwelfing-s., or business establishments. (Eff. 12/10/77, Register 64; am 6/11118 1, Register 78 - am 12/23/88, Register 108; am 11/24/94, Register 132) Authority: AS 46.03.020(10) AS 46-03.030 AS 46.03-090 AS 46.03.720 Sponsored by: Shafer CITY OF SEWARD, ALASKA RESOLUTION 2012-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE QUTEKCAK NATIVE TRIBE'S NEW EARLY CHILDHOOD DEVELOPMENT CENTER WHEREAS, the City of Seward is in need of child care services; and WHEREAS, the Qutekcak Native Tribe is in the process of planning for the creation of an Early Childhood Development Center; and WHEREAS, the Qutekcak Early Childhood Development Center will care for children between the ages of three to five years old; and WHEREAS, the Qutekcak Early Childhood Development Center will care for all children, regardless of race, ethnicity or religious affiliation; and WHEREAS, the staff of the Qutekcak Early Childhood Development Center will receive the proper licensing, certification and education to provide quality early childcare services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council of the City of Seward supports the Qutekcak Native Tribe's efforts to obtain grant funding in order to create the Qutekcak Early Childhood Development Center. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26tn day of November, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor A-� Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $575,000 FOR THE LOWELL CANYON WATER TANK REFURBISHMENT PROJECT SUBJECT TO RECEIVING A LOAN FOR THAT AMOUNT FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION DRINKING WATER FUND, AUTHORIZING A LOAN APPLICATION WITH THE ADEC DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN OFFER FROM THE ADEC DRINKING WATER FUND WITH PAYMENTS SUBJECT TO BI-ANNUAL APPROPRIATION WHEREAS, in 2011 City staff received an engineering report that identified several issues necessitating the refurbishment of the 400 thousand gallon Lowell Canyon Water Tank; and WHEREAS, in 2012 Staff completed and submitted the required questionnaire to compete for loan monies being offered by the ADEC Drinking Water Fund; and WHEREAS, this project was placed on the point source funding priority planning list for fiscal year 2012; and WHEREAS, as the end of the fiscal year approaches, loan applications can be submitted for projects that are on the planning priority list and will be funded on the basis of first come first serve; and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the Lowell Canyon Water Storage Tank Refurbishment Project by way of obtaining a loan from the ADEC Drinking Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward is hereby committing to the State of Alaska (ADEC), its intent to fund the $575,000 project, subject to receiving the loan described below. Section 2. The City Manager is authorized to apply for a loan in the amount of $490,000 from the Alaska Department of Environmental Conservation Drinking Water Fund for the water system improvement known as Lowell Canyon Water Tank Refurbishment Project. Section 3. The City Manager is hereby authorized to execute any and all documents that may CITY OF SEWARD, ALASKA RESOLUTION 2012-089 be necessary to reflect the $575,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to bi-annual appropriations, including but not limited to an agreement for the loan and a promissory note. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of November, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement Meeting Date: November 26, 2012 To: City Council Through: City Manager Jim Hunt From: Public Works Director William Casey Agenda Item: Intent to fund $575,000 for the Lowell Canyon Water Tank Refurbishment Project, subject to receiving an Alaska Department of Environmental Conservation Drinking Water Fund Loan in that amount, authorizing a loan application with ADEC Alaska Drinking Water Fund and authorizing the City Manager to accept the loan offer. BACKGROUND & JUSTIFICATION: In March of 2011, quotes were solicited from several engineering firms to inspect the 400,000 gallon and 200,000 gallon Lowell Canyon Water Tanks and submit a detailed report of the findings. Wince, Corthell and Brice were determined to be the most qualified, responsive and responsible firm to respond to the request for quote. Several months after the inspection, a detailed report was submitted to City staff. In the report, severe enough damage was documented, that Wince, Corthell and Brice recommended taking the 200,000 gallon tank out of service, and repairing the 400,000 tank. In February of 2012 a questionnaire was submitted to the Alaska Department of Environmental Conservation to compete for a highly sought after Drinking Water Fund Loan for repair of the 400,000 gallon storage tank. The project was subsequently place on the priority planning list making the funds unavailable until at least the fall of 2012. The City now has the opportunity to submit a loan application to the ADEC Drinking Water Loan Program, so when funds become available the City can readily accept the loan offer and begin the process of refurbishment of the 400,000 gallon water storage tank. INTENT: Secure funding when it becomes available for the Lowell Canyon Water Tank Refurbishment Project through the Alaska Department of Environmental Conservation, Drinking Water Fund Loan Program. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): page 27 section 3.7.3.1 X 2. Strategic Plan (document source here): page 10 X 3. Other (list): Wince, Corthell and Brice Engineering Report X '9) FISCAL NOTE: The City would have to commit to a $575,000 loan from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for adequate funding of the project. The terms of repayment are for a period of 20 years at an interest rate of 1.5%, subject to bi-annual appropriations, including but not limited to an agreement for the loan and a promissory note. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: The City of Seward City Council approve funding in the amount of $575,000 for the 400,000 gallon Lowell Canyon Water Tank Refurbishment Project, subject to receiving an ADEC Loan for that amount, authorizing a loan application with ADEC Drinking Water Loan Fund Program and authorizing the City Manager to accept the loan offer from ADEC. \a` Application Review Alaska Drinking Water Loan Lund W SFY2013 Step T________QU_eSt,_01111air -Overview PIS ease posre the information you have entered. If any information is incorrect, click the appropriate section header 'Edit' button to return to that is click the "Continue" button below to proceed to the Submit Questionnaire page. section and edit your data. If the information correct, NOTE: Your information has been saved; you may also exit the system and return later to finalize it. be aware that the highlighted fields do not yet contain data. Please review to assure that they should remain empty before submitting. Please also To add information, select the Edit button{s}. sks: Print For Your Records 1. Complete Questionnaire Usage Tips: Red items to the left indicate steps that have yet to be 2. Submit Questionnaire completed. Please complete every item from the task list. This will help DEC process your submittal. Your Current O�estionnaire: Lowell Canyon Water Alaska Drinking Water Fund Loan Tracking #: 2012ADWF0017 Facility: Storage Tank Refurbishment Type: Questionnaire Municipality Information Details Lowell Canyon Water Storage Tank Project Title Refurbishment 'Municipality or Drinking Water System City Of Seward Represented Your Name Van Le Senior Planner, CRW Engineering Group Position Phone Number 907-646-5663 -Fax Number 907-561-2273 Address i 3940 Arctic Blvd.; Suite 300 Address 2 City Anchorage State Alaska Zip 99503 Email vle@crweng.com Project Information Details' 3. Construction or Rehabilitation of a Project Scope Treated Water Storage Facility If you selected other, please describe Project Type Design and Construction .Description This project will remove and dispose of the existing insulation from the exterior tank shell and roof. The interior tank shell , column, rafters, and roof plates will be sandblasted to remove the existing coating. The exterior tank shell and roof will be also be sandblasted to remove the existing coating. Minor bolt and weld repairs will be made to the tank prior to the recoating work. The interior tank surfaces will be recoated with an NSF Standard 61 approved coating system. NSF Standard 61 establishes minimum health effects requirements for materials that contact drinking water. The exterior tank surfaces will be recoated with a weather resistant coating system appropriate for the Seward climate. The exterior tank shell and roof will constructed of isocyanurate foam insulation laminated to an aluminum outer be insulated with pre -manufactured panels https://myalaska.state.ak.us/dec/water/oasys/Review.aspx[2/8/2012 11:09:19 AM] Application Review sheathing. The project will include minor repair to the valve pit piping and fitting, including removing and replacing the isolation valves and recoating the exterior pipe surfaces. ,Is this a Green Project? No Identify the most appropriate "Green" ;category type. Green Project/Component Description: Is a project cost estimate attached? Yes Administration: 22,000 Legal: ;Preliminary Studies/Reports: ;Engineering Design: 44,000 Inspection/Survey! ng /Construction: Management: 66,000 'Construction: 369,000 Equipment: 74,000 Contingencies: Other Component (description): Other Amount: Total Costs: (Sum of Above) 575,000 ............ _ .................. . .......... Public Health (0 - 100 Pts) Details 4. This project will correct potential long- term, chronic health problems or repair or Type of Public Health Project replace serious distribution system problems or leaks. (50 Pts.) ,Description The City of Seward's existing 400,000 gallon water storage tank at Lowell Canyon was inspected and evaluated in 2011. Areas of the tank coating were found to be in poor condition and it was recommended that the interior and exterior of the tank be recoated for public health and safety. This project will sandblast and recoat the tank, and will include removing and replacing the tank insulation. compliance with Safe Drinking Water Act (0 - Details 35 Pts) 4. This project has no significant Project Compliance compliance related issues. (0 Pts.) Description This project will remove and dispose of the existing insulation from the exterior tank shell and roof. The interior tank shell , column, rafters, and roof plates will be sandblasted to remove the existing coating. The exterior tank shell and roof will be also be sandblasted to remove the existing coating. Minor bolt and weld repairs will be made to the tank prior to the recoating work. The interior tank surfaces will be recoated with an NSF Standard 61 approved coating system. NSF Standard 61 establishes minimum health effects requirements for materials that contact drinking water. The exterior tank surfaces will be recoated with a weather resistant coating system appropriate for the Seward climate. The exterior tank shell and roof will be insulated with pre -manufactured panels constructed of isocyanurate foam insulation laminated to an aluminum outer sheathing. The project will include minor repair to the valve pit piping and fitting, including removing and replacing the isolation valves and recoating the exterior pipe surfaces. lability _..... , Details Household Income/Month (MHI) 3692 ge Monthly Household Water Rate (AMHWR) 38 Ihana _.1.03 _ ... Lead Water System Operator (0,,- 5 Pts) Del Is the lead operator a state certified operator Yes rtification level? S and of the proper ce Name William Casey ;Certification Level Water Distribution 3 Number 1986 ,It (0-5Pts) https://myalaska.state.ak.us/dec/waterioasys/Review.aspx[2/8/2012 11:09:19 AM] f/s )�� Application Review Do you have a repayment method for this Yes loan? (yes - S Pts, No - 0 Pts) ;Method of Repayment 1. User Fees !If you selected other, please describe sssFurther Explanation (Please limit responses to 250 words) User fees will be used to repay the loan over a 20 year time period. Additional Considerations (0 - 20 Pts) Details Have construction documents been prepared No and submitted to the appropriate DEC office? If yes, please provide the date submitted' Office Location Submitted , Has an engineering feasibility study, including detailed cost estimates, been prepared? If so, please submit a copy. Yes (Related documents may be attached online on step 12. step 12 will not be available until all previous steps have been completed.) :Will this project combine or consolidate two No or more existing public water systems? ;Further Explanation Has an environmental review been prepared or completed for this project? This can include other state and federal actions under No NEPA, U.S. Army Corps of Engineers wetlands :permitting and State Coastal Zone +Consistency reviews. Further Explanation . _.,..., _.. 'Sustainability Projects (0 - 50 Pts) Details Fix It First Projects (50 Pts.) These are projects currently located in an established area, which is still suitable for 'Identify the appropriate category, if use, and should be encouraged over applicable: projects in undeveloped areas. The repair, replacement and upgrade of infrastructure in these types of areas are encouraged. Project Costs Details' Estimate attached: Yes Administration 22,000 Project Design 44,000 'Engineering Management/Inspection 69,00 3 Construction 6000 Equipment; 74,000 Other (Contingency) Total Costs (Sum of above) 575,000 Pete Bellezza, P.E. Name Project Engineer/Project Manager Title or Position CRW Engineering Group LLC Organization 907-646-5640 ,Phone Number pbellezza@crweng.com Email .......................... _ _.......... 'Other Project Information Details Considering that a DEC loan can be up to 100 ,percent of total eligible project costs, how 575,000 much will your loan request to DEC be for ,this project? Total "Green" Amount: (if applicable) Percent of loan that is green: If funds were made available for this project, do you estimate construction would 7/2/2012 .when 11:09:19 AM] 1a htips://myalaska.state.ak.us/dec/water/oasysfReview.aspx[2/8/2012 Application Review begin? ;When do you estimate a loan commitment 8/1/2012 ,could be made? Please estimate the population which will 2609 benefit from this project. ........__ Attachments Title (Type), Description City of Seward 2012 Capital Project Costs-As(Other) of Seward Lowell Canyon Cost Estimate (Other) ;final water tank inspection.pdf Final Water Tank Inspection Report- Lowell Canyon (Engineering Feasibility Study) Water Tank Inspection Report and Recommendations for refurbishing. https://myalaska.state.ak.us/declwater/Oasys/Review.aspx[2/8/2012 11:09:19 AM] `' CE-z' Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD'S CALENDAR YEAR 2012 STATE LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top state legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans; and WHEREAS, this resolution is an amendment of the City of Seward 2012 State Legislative Priorities established in Resolution 2011-083. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following list of legislative projects is hereby declared to be the official amended legislative priority list of the City of Seward for the 2012 State of Alaska legislative session: 1. STATE FUNDED PROJECTS A. PUBLIC FACILITIES (1) $575,000 to refurbish the Lowell Canyon 400,000 gallon water tank. (2) $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop (City will provide land for the new building). (3) $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care (City provides $500 thousand annually for hospital financing of capital improvements). (4) $500,000 for Alaska SeaLife Center building system replacement, to replace core building control and security systems. (5) $250,000 for Alaska SeaLife Center Ozonation system replacement. CITY OF SEWARD, ALASKA RESOLUTION 2012-017 B. PORT, HARBOR, AND INDUSTRIAL AREA (1) $52.75 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, and barge landings for the Coastal Villages Fishing Fleet move from Seattle to Alaska. (2) Full funding ($23 Million) for the State of Alaska, Department of Transportation and Public Facilities, Municipal Harbor Grant Program to provide ($1.1 million) matching funds to replace "D" Float in the Seward Small Boat Harbor. (3) $101,000 for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, and S Floats. (4) $500,000 to pave the apron and add a wash down pad at the 50 ton travel lift. (5) $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center. (6) $4.5 million for adding moorage (T, U, and V floats) along the north side of the Seward Small Boat Harbor. (7) $1.7 million for doubling the railway capacity of the ship lift (syncrolift) and associated upland improvements to meet new requirements for repair work on Coast Guard vessels at the Seward Marine Industrial Center. (8) $100,000 for a card -lock crane at the travel lift dock. C. ELECTRIC (1) $4.0 million to complete the third and final phase of modernizing the emergency back-up generation facility in Seward, including generator relocation, switching and synchronization gear, grid integration and warehouse space. (This language should be in the CAPSIS form already submitted.) (2) $1.5 million to repair and replace one mile of transmission line into the Fort Raymond Substation with I I5kV compatible equipment (this is a project supported by the Alaska Railbelt Cooperative Transmission and Electric Company — ARCTEC — because the current condition of the transmission line exceeds the estimated life expectancy of 50-years). D. ROADS, STREETS, AND ADA ACCESIBILITY (1) $100,000 for improving City ADA accessibility. (2) $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems. (3) $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area). 1�� CITY OF SEWARD, ALASKA RESOLUTION 2012-017 t E. PUBLIC SAFETY (1) $6 million for a replacement Seward Fire Station (City will provide a match of land). (2) $25 million for a replacement Public Safety Building for Courthouse, Jail and Police and State agencies enforcement headquarters (City will provide a match of land). (3) $450,000 for a rescue truck. 2. CRUISE SHIP HEAD TAX OR CRUISE SHIP GAMBLING TAX (1) $200,000 to continue the seasonal shuttle bus for cruise ship passengers. (2) $1.31 million for Seward Dock Enhancements: Includes $450,000 for a cruise ship baggage conveyor system, $360,000 a covered walkway at the Train Station, $150,000 for a second mooring bollard to accommodate a second cruise ship and $200,000 for extending the dock security lighting. (3) $300,000 for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal. (4) $220,000 for West Dock Maintenance and Repair. Includes repair of piles with severe corrosion for $100,000, repair of the cathodic protection system for $50 thousand, repair of sewer system $30,000, $15,000 for cancel and fender repairs and miscellaneous repairs $25,000). (5) $500,000 for building and parking upgrades to the Lindsey Intermodal Facility. (6) $75,000 for Seward Emergency Services operational response to cruise ship passengers and cruise ship emergencies. 3. STATEWIDE PROJECTS (1) $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the RN Sikuliaq. (2) $155,000 in the Department of Corrections Operating Budget to add an emergency wastewater bypass (with valves and piping) to keep the Spring Creek Correctional Facility sewage system operational in the event of a system failure. (3) $300,000 to improve the access to the Seward Airport across the railroad tracks. (4) $9.6 million for Phase 1 of the East Dock Extension: 300 feet to improve access for cruise ships. Phase 2 would include an additional 200 feet extension for $6.4 million. 4. BENEFICIAL LEGISLATION (1) Support the passage of House Bill 184 reallocating the fish tax to provide a greater share to local municipal governments. (2) Legislative support for increased cash infusion into PERS/TRS retirement system in order to offset unfunded retirement system liabilities, to make future contribution rates more affordable for the State and local governments. (3) Appropriation for upgrading Seward Highway (MP 18-25.5) in the State ia3 CITY OF SEWARD, ALASKA RESOLUTION 2012-017 Transportation Improvement Program (STIP). (4) Appropriation for upgrading Seward Highway (MP 25.5-36) in the STIP. (5) Appropriation for upgrading the Sterling Highway (MP 45-60) in the STIP. (6) Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels. (7) Return of service to Seward by the State Ferry Tustumena. (8) Alternative Energy Programs that encourage and fund participation by the City and its electrical utility customers. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`h day of February, 2012. THE CITY OF SEWARD, ALASKA —C�" David Seaward, Iayor AYES: Bardarson, Valdatta, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: Johanna Kinne City Clerk, CMC (City Seal) At �• L�iIf�Y�rY � r �a� Council Agenda Statement Meeting Date: February 27, 2012 Through: City Manager Jim Hunt From: John Foutz, Utility Manager Agenda Item: Calendar Year 2012 State Legislative Priorities BACKGROUND & JUSTIFICATION: At a special meeting on November 2, 2011, City Council approved Resolution 2011-083, which established the City of Seward's 2012 State Legislative Priorities. After passage of this Resolution and later discussion with members of ARCTEC it was recommended by ARCTEC to the electric department to make a request as part of the city's state priority list to complete the Fort Raymond generation facility upgrade. This request is in addition to the $4,000,000 already allocated through ARCTEC. The work includes, among other items, upgrading the switchgear, moving generators four and five into the new building, incorporating automatic syncing capability, repairing the building that houses generators three and six and an on -site warehouse facility. Administration annually compiles a list of projects and legislation for consideration as our state the City legislative priorities. After validation of the list through a public process, and appal by or Council, the list is given to the Governor's in Offipur lobbyist.e, Our legislators, These pr�oritiesenai efocus thorough efforts of inclusion their legislative package), and Administration and the City Council in our list lobbying islat on is updated at seek funding or other the begunning tions through State government. Frequently, the of projects and leg of the legislative session. INTENT: rt This list of priorities focuses the efforts of Administration in tov a the City of SewardtTo bying effo s to appropriations, grants, and legislation from the State of Alaska to imp qualify for most appropriations and grants, the list of State priorities must be approved in a public process by the City Council. This addition updates the 2012 Stafor $4 million to colslative mplete the final phase of Priorities list by amending Resolution 2011-083 to include the request the generation facility upgrade. Yes No N/A CONSISTENCY CHECKLIST: 12.Strategic mprehensive Plan: Sections 1.3, 3.7.3.1 and 3.7.3.2 X X Plan (document source here):Xher (list): (we)FISCAL NOTE:�Approved by Finance Department: r��tl� ATTORNEY REVIEW: Yes No- X— RECOMMENDATION: Council discuss and vote on Resolution 2012-011, amending the City of Seward's Calendar Year 2012 State Priorities. ,I\ Wince-Corthell-Bryson P-0. Box 1041 Kenai, Alaska 99611 1w Cwnwn I Nwit" 11'a'Mic Ww-ks [)C�1" City (�� SeIvard I Nis, IWO, Lowc'! ("'myon 'Xii1cr Rcsci voir�' Rep�'�, je "w " galbn imer tanks, is SC vvaa-d' aP'T" the OPPOMAKI 10 Jo* t� C,,t of uw as dw Cov Mrs Ono CL­uc0lltact c',ur Me w0h any queNcknin .%!so, Inc AMS sir)":4'rtln Pat 1) MY, -fir) �on VS� Wince-Corthell-Bryson P.O. 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Wwre the nsi& lf p,esatnah:y double `olit: wcijs "'s C(�'),npxteiv corro(�»vd, In clthcr wTas the %vid 1hicknew is vNibly Ks Man be plaw thickness, If commtwd use ii MOT an expert in wNds and Wd Shwes should be renimed, 11t is, possible that the janii a danga to pmTk in Ge event (Ian ewrthqwke or ('11her !;Nazter' 111C renntinjrq, plaie ihicknesses arc gencralliY abtnvc rn-..nirnum reouircrnen,.N but suff�.r rnxn M " in v '11W werwr is anNowd h) NLIUKU IrCatment AMU SWQWayWe �e� lc» 'n'-insulalung, :sew me a numher of Ciawnt codc vAgaluum. and anchwage to the gravej tj,anda*,ij)jj 11, f-or codcs, ESTIMATF,D COST',14 NUARR) gal tanVsb $3 15,W0 Ronivve wid repiacc- 57W,7()n* WONOD gal %Y? ', *or:lr!0t; Ref"urlhishnient S4001m Rennow am! Rcplacc 544RION di Svc nows tinder "AherraW a as Ovs- fortnk, tan,ks 400,000-CALLON TANK General 'Ibis lank is a ix"Knal Wh(WO gaj!ori tan.k above,,.,,round �N airr swige reservoir, apparently !abricawd of wc1de(. ..Ia.'Wlai�twrler lm�no-vN-n, and To (mhm: around 1990, or 4�o�.z 3" Ycars (lid, sbcd Win d5mcner by 3T Ngh 1 he nuf a cmucal swel 1a;,%V14" Cd roof' on Was s,4pported a center Wwn and brackets, The Wr is ahollap-4,vc! ",d piatt, A concrete fbtrridation is v-:sible around the zvo��riv,,,r A copy of a 19,77", plan shee: the %undation is gravel cncbsed q as 164 Y. retaining nng %411, Acix,-� gained ibrough a 24- and a 36- round inan way at Imund WK, A cav ,ed extc.tio: ladder lead, io is 24- wilh 1-12 inches :Own ins"I'ation, Flu! si,�a zc, also ""Sulatcd with f'w -1 0 V1 " un msulation� and encasvd in , e c i vcm pipe has a scmeneed met al s-lwll I I he 24" fVwt h MAMW PH" wo umh ewnar C.U. L JIVOCcU(nj is not pre,C,it, For d 1001" MOWS both Tanks wer,., SWInd p �pv dr_�,j; jyitjekj de, 9rc^,c. ne ovcrflo�k, Roof rune" uere numbarl I heing thv Sm raRcr clockwise firom; uh,� ON 4through 42 Wgurc 1) LWON, WSIS UVIV LoTrductcd at cigh,01 poinm of the co!:-,nass� and at Sur-TOt WervidS venj,y, stapg,i�redi wne 11x11 �,- ,00t frw�-- ow series to u'lc tlQxt O`iprc 4, �jn lo r Mm A be 4-2 0 Seams Shell The Shm: p1wes, ejuj,,,c 1 "'0 Kid 7' h fimar i,� UPRWNC t N by :6' A9 bummoWed Qaw,,, �Jppc-) is 5� nq NSA. p1mes mcr`r Mm& probably 5116- (0.02-) thwk, %dn I=,cdi"5 A ; �tiim. "" ll andEWLAMCISCYAl±QCS,ure. . . ......As in Courws, : 11) 103" 0.3! 2 0, 3 1 b 0.284, Cour,c — C1312 R312 Q288 Comes ; 5, () I SR- D 312 11324 0252 OvemN. haz have scalc rjii�, 6) NA s,.madic the Urn courses le"a' 11' is nOt a thewr ill this zank. except Or RAW awas yt±ij jhmu the owide, arld rc-L7onlcd , i, , , , i� lound15, C-Xpv,,IwkL ' he pittirgorseAc Patchfir niaM, TWQ AN&AMS in co at 1 "84 rtl its; '0, 2,146"), 3 wlwre 0 MY IThIA,:S ScaVzIS 12c mmating me hos of nicul, lie xhalk)u, po,s Should !lie chcckcd W�ijc'� the 4,jutsj�e is rc:niwed, 'he low"" jumt sho&'ks It t`,ist (,)r PUZI&I'll Atch nmy have b , ecr. Same hY NvL:ding or, the out-o& (1"jr , �), Note thcrc� in a p,,,a ue r- nox! -,c,4 theN-1161 a. 3;� -Wh,�,J'wiO rcquircst�aj wcldingtc Floor 17" !10!,-'Ia-IcS are gellcrad), in t A mWen As nwcd abovc zlscrc is g,,,Tjc (jan, ,age o at the AIVII&M j,:riction 3t 315, Qurc ',Z). ThL CCIatilip ��,j �j�,jfr —immial spo', rcpair,�- Spot I,wkra�,,anic te"ting. flound mininnurn is c(mostent steel Hoof fhv xod rahers. along 09 the W,,,, , cckdrse of iholll plates, Ihe rnoil "'Zool"PlaW Suckncss wycd Am 024C) IL! (i �260, un"I a pit mcaskjr,jng ij allOW131C hk A A code i,� tt,, hand;e smv,hc rooCT%,,a!,I`I,A Nhiwld tv OK w,'th rccoxing, R so 114! MOS: se7,' cer-rosi'an , being exposecd on, IhCN, sca,1100 and be coadng is harely adhering and non-ft.-netional (Figure Figime A Raner boas we AMW or hie kcn on Te owside end of Was I % A 3L and 31 and on the Center sid4c cd,, rafters 13, 14, 15, 16. and '17, and should Iv replaccd �4!.- and painting, Va� On the o ts'de of the :i° Y Coupon of Me €"x,�(di P" a will it aF tg urr € CY t, r Gi £ t tl S� �� re.-n£l ti y �j, 441, t�3� :`���4it�'"i' �l�sl nt f ; li#a ".0 rijsl tax pitt Clsa w4s �g L% 43 3t«zt iE t i m ' h 1`i tl !n aa6A. #f# t t#'Skatt :3 i & €tart€ �u�#d tT x3#a Ai.` yv {;? ?tAa tC tt lryCa#1 Y T`�l€� A, On Ct 1 £ "'.T a r « a g a�` c� <� - ai ti � g -.&� .,`t .. Z<.$_ tE� "�.:;'�`« ai «tsi i"i �''s°.F :i',#.aii °�ts:xfa» `. ii; �«�'` � 4., dejV s .ldP9«GCS cxhibiited Similartint t CP#� i?i 6€{; 'r� #a.x0Ll t the s71 bar is and � 356 at ta',L Q and be th expectedt, a�P. t�t,�a ?'d::w:S3�p }�e'"� ar ner, }l tit not ± axe t �T t(i" Lsa:a, Me hawhes, xnoi pip-+.s asa e "4 3 {' k4 �. �Q#""asS comung r pas rs !be:fit C,itaxia:L C td, t,f1«<# I,T 1, $ ti{=ai^t:; tom? ld t«t�#1�3tft�', AIT mane dtry. eel pipe in s t P't r {'}tz' and f#' t' ;oOlt ix ;" `.`A �.•e, t s"tE.)t .$": Poor " Condition, xrRtic the la` l',C's are d`€:p eg�alhIc", t .. e (af''w' S � uld s t ,l ide ifrcN €(,a„„rrient 1s "ate': rallte wh;!; e i� Lt €4 .l,t d.a S,,e,r;,'.;: C, Rectinlinclidation not, ( M`. be «««afiF'" €.i ". ii?l ti»';``."' T""a, roof, nocj to tvm-,".titc S,t aao•n-.0'�" r l��,a€-- i` €i e aa!lAs 6� , it s n c Sx et„er�.y$ a €$Aw 1. 41rq' a sac s{_ a� a'a "'u C € Npit ls, € ha r t"e a iE • t dx i' s r 9 's, iv C`5 'a�tl 9a3�« a° to : €�.s "c Qanhjj� SS .�,.�, �..1 s..� �ioi�r �5tai'ri�.� "sC �.C1,R? € » ttCL sus 4 �',& a a«£ avOidillIg C.Xterior welding, ing,•, '# pa it s�.`hic l�ai" �l€an the ,L.g1: ] a ,: �5 agnod tirii °, ° replace Al Valves, VC. in So a'i#N 10 Alternatives an errs€s* Repair SCOW 0% onh 17000, 00 S. o «asa• a^'xryn»s..4 " « NOW, tt '7...a e t a #, 760, 10 aati h Lab; 4:` t `t {P a 1 v t ti p t a`!a# l f A a t9? tiL t o wCa ?"# 'I" t (i'k .. y» {E t• cost "a'€t;t"1e 4 a ok , � $ "«ita@ '$t4„"'� � � ° € 3 a " LgiS arx L� s Ea tan L g? # + { ), t t *A I c% US 7 f w�s I% S�14,��t RI x The two w G tVIVY, CHI S4 Stts-caP?',E is t""aP cl,+16t s fait.< 43 3:tLc� d"• ;5 ..c' ,� e � d <=a. t gI1;,3Ca and t4t.� 3$ia�' E�a3i CaAI »d: s`8dsyc sp€%`eE4 � advise t€iG#' i thcria togetherOr re ente ng ',h tank latcr to conduct qxo Waks €s zwd,.ewl it is .k. Md HIS10C a regabr rya 4+,_4-„,»"E«a and m #£F`«iTtt ,.C:1" �={„r"t„4i Cam--, Sce Pa ,cS S ,11t'€ u9i' 1 Fitt -,cst ( t 1--2-Uo 200,004-GALLONN lWNK finneral Us tank (Pignr-c ", �, � -,-) 2 '0, gulhul Stec! tank, 35' in dianic-,x fx),o , r by and r t��dlt rnoundf me un, f 1, , ,,, e�:rcftqu,lke, lo SOM S��)lern PQ shccls provided w WCA. dwed :961 indude a gi�rcric 1,vawr (,'kf 11, Pe7ha tf; t�, " n ps k k What Nvas cons'.n :-he 4,o(q, 1', llaw, 116- (or 0 18W) rnin'U'll fllrttc jvr the provided Qn shecls 1 he Ter is Nkc"q,,;C 5,W' (0 3 12�-,,, acc,onfing :V WC dwas, a grave, P�'l '10 W, Muss is Wough I diarnewr man u 4, sq, -.;a i-V "op J? Ot insidc and Maside Wilders, llic ladders and Mf are.. :-u cagc bx o�1,,5jdt: AM: has a Pat, h;,ndnil l. has %us' suhl"l"un dAWrOWWhor "as Hkell mal lar on=Qa cuayng now WON"ed YY Ac EPA No cathodic q*yQyn , ShOl I owe I MANM go" on L WMh nunor the AV',", A Plate n" ia, I J AMC* Found, rucan Njax Rnind. NO Co,�rses I � ()122 3320 1328 (1116 U24 A standard D: Opo 1% lycrur OR coahng is rnsch dewHorawd %nd Qu MOA scu'e on MY sutf`Fig i-fa-'% o� lhe Str'Ttl but-, wee are con"', (It Aed. sorrw to 1110 point That 111C, edges ofhc PAWS me VOMY fhe n1st appezus to a=� the $tCld in, rnanx arcia's iscomnsm and pildyths 00050- to Spe Cod it is 1ik"71y"In"- cxbl on the crehm immurvammgwhere Despi,c tlhc azge 'Ind rW,ya"Vof11C*4l4k, thC:�` i-, TnL;4. e xumnknc hduoijj A,,i irnporay R js,, , i )'ve"d to tlmnlh Ox uhmsmitc tMing the conit:ion cf:hc %ye!js t"14: are ru: y"-sUa , 1Y Cottotivd, Ni ,ii­ne j),'11% edgc,,; are exj)()W(i MaY 5C Possible Thal I'llerc is irftcrio�- oorros»o% if rep, scan! W Oet: they am dcrucins­" -Sh('uIt1 IV 1�,rOurld hack a -long the 'he vxtcrior in�U:wicw wfl�' he!- k)und, Lad m-weldcd to curzalt Stripping con cirri CS are as generaound as uhcy app Foor Car l Plaiv thickrics-, vacj gc,,ral) frorn I(A 121 and a n5wmax �)I, MWOM Q cxCep- oa.!,:,yz is rernaining is C'urrcnfl� for ,,is 'be rvuf stee! 11waOned 1: 92" �h:ck. %Ah a presurnably: &0 n Mue of- 0. IS71- nanit'll-m Rapers vvebbing :nmswcd I W to 0101% Wh pluing art addAioriall to f0,20" cad": ab3C_,'­(­ ­b Mjmln�d 016V uteri gnxgu,� �-jrq i Itt I - lvirc vyhee_�",d _)n bw""I Sides Son-te raftu`rs yy;.,re rxccssi S110%V "oaJing has Occurred. ht;t ar�, _r, j, c, s ry z lblc Urnwhin A Maked W! rallers, hill !_Jhe� are in ueccitabic nnnmg Imh jvps a: Me PICOCS swe found� it rnzy hu un"k IS Wedged in, N 'en st�t wl" 'rite r0Wf InwhAn and coatog is f"L deWhowd srnilzi o the 40(1,000 gal:j_tn Mi,scellanuous 'I a pi'�rvy and Mgs WANn Hie umk UIT 11 wMed, K�, vtof)ably and Knxkvs am r:j TNA(-,-r Shap,� and shouj�'. b I e t , I%xd to Co"nasion of, "11C nrack,,S anc, KU"" QW-01 WUHMS Of !JKCI�' �:U,`runt Cool violation"", 'I iry ts. extorior J,-.ddes ""I in YAWS and eme or UV but SPUN W.,..= W, sound The hatubs tmd Mrs: ()S TA -approved IBM, a scco.-,d n1,111, n4 snoyy load has incrcas:cdl WCa'MIY Shwe thV tank "a's Con-,iraclvd a%d -,Ns shnild be hwkAj al, -il' ; (, ` '"_c !tc Onc that prohably rollcd ih,, a's dx-lage. Rrvornmen4atiota 1 he 1 ink is not Nonfle in as Curre'ni 10 thc lcve; of repairwid "ark necessary jo icing it UP 10 ClurclIt &Agn swdards and provide a masonable li,�'e extI:ns.w;, Cifconoern, fS 01V * ds Oil' Soi-w othw '"Cl , and the Sir"U",AUrAl stahnilv tIT co'..i41 pr,�Scnl a dangc�' It) people xnul prvpert,,- cvcn' of"I scisnlic o: o1her disa'strous ACH W£a 3t all 1,he ;a.%k Iv, _cpje .C,zj ,)r the Cay Cv'a*oiaTcs iS slf)rae W,nnine if Te tank e taker, (Iajt i,,!,Serviadipt) �j1no, ,411crnati-* us and cost�N SPIPIAccoa: insidc o.,,�Iy S22VU00 Cninrlac DO tummrg S i �---, "7 _7S 0 13 Coy akJju,�,cd as d 190 caraingency 300o� inflation 272%, ection analvis cq- a's ,cd SAM001 ;k 'Nee nngW' numatc Ih,, 1h2 W, P-,�vwrls pfqjet cs is" lurc avcMUS fz1f !his rvp(-�,r. fhz Evercl, Id Ty Awy am vs a,, u prncnt budg" "maws O"Aunu hf. and Sc c paps 16 2,41 —Int and phuo.ogrztphs, N Q� TANK I - - - ----- ----- . . . . . . . . . . W*4 pie I C, At 19,5 29 Z4 ... .. . . .... f,p 7A 14 So j%, a m pq sm 2 � 4,01-1, ��j3 H� x Pti V . Zits ery arr*. tour,*e ltae'gr in Vwr Plot' hvlro €€lWrn M� ' A 1W lj�d lye 1 ED LLI z > ILI ti t1i (� w 01-7 -j N i, qu re I , — erfli— I t I vlrrO*!:, f,, laJdet , tr,p hitch m Sit:: Meru€s pialr rdV12) I� F',guT f 1 5� VkAi�qj jj�j pimog f—urr Y,r I , mlmu 0,60, 4t 45 figure T'�sn�k t ht or. ctntrr rrittimn i� Fioutf 19: Ra�fr, �4t kc�w villunn, \ �ol ppt �t�lbpf I Igurr Zp, fvl'!�M 'Artus I I— 0 24" hvzh a ISL ANMA D100-96 RNuirtmellts sec,;,9� Mi%n—wn S, i 'cc! not in ti,nntict 116" to 1 $75 PUB in ansal "Ah ismer ShAN See Sholi thickness cAMms wxc!uding S"hwl;) 1;4" 316" 1/4- 3116' MAN� W, vlowma!-, 1� File: City of Seward 2012 Capital Project Costs.xls Tab: Refurbish Lowell Canyon Tank City of Seward, Alaska Refurbish Lowell Canyon 400,000 Gallon Water Storage Tank Rough Order of Magnitude Costs - Year 2012 Construction Recoat & Reinsulate 400,000 Gallon Water Storage Tank $355,000 Replace Valves/Fittings $14,000 Construction Subtotal $369,000 Construction Contingency (20%) $74,000 Construction Total $443,000 Administration/Engineering/Construction Administration City of Seward Administration (5%) $22,000 Engineering & Contract Documents (10%) $44,000 Construction Administration (15%) $66,000 Administration & Engineering Total $132,000 TOTAL ESTIMATED PROJECT COST $575-07001 CRW Engineering Group, LLC Page 1 of 1 Date: 2/8/2012 'S3 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $25,000 IN ONE-TIME PROJECT MANAGEMENT FEES TO THE CAPITAL ACQUISITION FUND FOR CAPITAL BUDGET NEEDS WHEREAS, the City of Seward ("City") has significant capital infrastructure needs related to general government, including: streets and sidewalks; ADA accessibility; fire hall repairs; City Hall repairs; waterfront erosion, etc. without an identified revenue source to address those needs; and WHEREAS, the City has a budget policy to direct one-time revenues toward capital repairs and replacement rather than to build those revenues into the General Fund to fund routine expenditures; and WHEREAS, that budget policy mandates one-time revenues be allocated to the Capital Acquisition Fund when the General Fund's fund balance level has reached six months' of expenditures and transfers -out, but since the City has not been at that level of fund balance in more than ten years and must address capital needs, it is recommended that this revenue be allotted for capital purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The General Fund project management fee account budget (101-0000-4410- 0410) is hereby increased from $0 to $25,000, and that amount is authorized to be transferred from the General Fund account no. 101-0000-3071-0103 to the Capital Acquisition Fund account no.103- 0000-3070-0101. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 261h day of November, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor Council Agenda Statement Meeting Date: November 26, 2012 Through: James Hunt, City Manager From: Kristin Erchinger, Finance Director Agenda Item: One-time Project Management Fees to be used for Capital Budget needs BACKGROUND & JUSTIFICATION: The City of Seward strives to balance its annual operating budget without the use of one-time revenues. This practice ensures that in years when one-time revenues are not available, there is not an adverse impact on the operating budget. It also provides an opportunity to use those one-time revenues to assist with one-time costs, such as replacement of major infrastructure assets. The City's budget policy related to the use of one-time revenues states: One-time Revenue Policy: One-time revenues (such as grant administration fees, sales of fixed assets, legal settlements, etc) should not be utilized to fund ongoing expenditures, but should be used to fund capital repairs and replacement. The use of one-time revenues to fund annual budgets promotes structural budget deficits in future years. To the extent that the General Fund fund balance has reached 6 months' of expenditures and transfers -out, one- time revenues will be allocated annually to the Capital Acquisition Fund. The policy states that one-time revenues will be allocated to the Capital Acquisition Fund when the General Fund's fund balance or reserve levels are at the six-month level. However, since that has not occurred in more than ten years, and the City's list of infrastructure needs is growing without an identified source of revenue to assist with those needs, the administration recommends use of these one-time revenues for capital purposes. INTENT: To ensure that one-time revenues are not used to cover routine expenditures, as that encourages long- term budget instability. Also to recognize the very real need to identify revenue sources to fund the City's growing list of deferred infrastructure needs. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): l Support development of infrastructure 3.7.1.1; Relocate and rebuild X selected City facilities for compatibility with land use 3.7.3.2; Implement ADA transition plan 3.7.3.3, etc. Strategic Plan (document source here): Page 12, 14, 17 (public parks, X 2 playgrounds, downtown/SMIC, etc. 3. Other (list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: This resolution amends the 2012 budgets to increase project management fee revenues and transfer those from the General Fund to the Capital Acquisition Fund. It does not appropriate these monies for a specific project at this time. It does not have a net impact on the General Fund's budget but will reduce the available balance in the General Fund reserves by $25,000 since project management fees would otherwise have been recorded in the General Fund. Finance Department: Yud_tz�:) RECOMMENDATION: 010 City Council approve Resolution 2012- authorizing the transfer of these one-time project management fees to the Capital Acquisition Fund. I 6 \ Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $208,150.00 OF COMMERCIAL PASSENGER VESSEL (CPV) TAX FUNDS TO PROVIDE PAVEMENT REPAIRS AND STRIPING AT THE ALASKA RAILROAD CORPORATION (ARRC) CRUISE SHIP TERMINAL AND REPLACEMENT OF DEPLETED PASSIVE ANODES ON THE ARRC CRUISE SHIP DOCK IN SUPPORT OF CRUISE SHIPS AND THEIR PASSENGERS WHEREAS, the ARRC has identified two projects providing improvements to Port infrastructure directly benefiting the Cruise Line Ships and Passengers coming into Seward; and WHEREAS, to improve safety, security and accessibility for Cruise Ship Passengers, ARRC will replace asphalt pavement, remove an old gantry crane rail and provide striping with additional signage in the Cruise Ship Terminal Parking lot for a project total of $131,000; and WHEREAS, for Cruise Ship Dock maintenance and repairs ARRC will replace depleted passive anodes and failed impressed current anodes for a project total of $50,000; and WHEREAS, the restricted CPV funds will be spent in compliance with AS 43.52.230(b) for Alaska's Cruise Ship Passengers with Cruise Ship Dock maintenance/repairs and improving the terminal facility Cruise Ship Passenger pedestrian area including independent transportation and outside luggage drop off sites; and WHEREAS, a 15% contingency, $27,150, will be added brining the two -project total to $208,150 to provide for any unforeseen additions as the projects develop beyond the initial cost estimates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby authorizes the payment up to $208,150 from the Commercial Passenger Vessel Fund Account No. 807-0000-3071-0276 to be paid to the Alaska Railroad Corporation for expenses related to Pavement Repairs and Striping at the Cruise Ship Terminal, and Replacement of Depleted Passive Anodes on the Cruise Ship Dock. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of November, 2012. Agenda Statement Meeting Date: November 26, 2012 To: City Council From: City Manager Jim Hunt Agenda Item: Appropriating $208,150.00 Of Commercial Passenger Vessel (CPV) Tax Funds To Provide Pavement Repairs And Striping At The Alaska Railroad Corporation (ARRC) Cruise Ship Terminal And Replacement Of Depleted Passive Anodes On The ARRC Cruise Ship Dock In Support Of Cruise Ships And Their Passengers BACKGROUND & JUSTIFICATION: The Alaska Railroad Corporation (ARRC) has identified two projects improving Seward's Port infrastructure directly benefiting the Cruise Line Ships and Passengers. In the February 28, 2012 the City of Seward's 2011 CPV fund allotment and intended use request to the Kenai Peninsula Borough identified projects for utilization that included $220,000 for cruise dock maintenance and repairs, and $1.31 million for cruise ship berth enhancements. The parking lot paving improvements and anodes repair both fall within the general description provided as justification for the funds. The projects outlined below both meet the AS43.52.230 (b) requirement "a city or borough that receives a payment under this subsection shall use the funds for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board these vessels." The first project is to improve safety, security and accessibility for Cruise Ship Passengers. ARRC will replace asphalt pavement, remove an old gantry crane rail and provide striping with additional signage in the Dale R. Lindsey Alaska Railroad Seward Intermodal Terminal Parking lot and luggage drop off area for a project total of $131,000. With changes in the economy many passengers are choosing travel options to and from their scheduled cruise using independent transportation carriers. The increased amounts of passengers using these options are causing traffic flow challenges. Additional striping and signage is needed to safely route traffic and passengers. Improving the traffic pattern in the parking lot will not only improve the pedestrian and vehicle safety, but will also help with some of the passenger confusion with connecting transportation providers. Additionally, tripping hazards and accessibility issues between the Terminal and luggage drop off area have been addressed with short term solutions, but replacing asphalt pavement around the tracks and removing the old gantry crane rail will provide a better and safer permanent solution. All these planned improvements will add to the passengers' favorable overall experience with the Port of Seward. The second project is required maintenance and repairs necessary for its Cathodic Protection System at the ARRC Cruise Ship Dock. The system is installed on the dock to protect the Cruise Ship Dock steel pier piles from corrosion. Presently, it is necessary to replace depleted passive anodes and failed impressed current anodes. In 2005, ARRC replaced all the impressed current anodes which have failed with new impressed current anodes, while leaving operational anodes in service. In 2009 ARRC installed numerous passive anodes in the area of the dock closest to shore. Many of the older impressed current anodes which were operational and left in place in 2005 have subsequently failed. Several of the new passive anodes in high corrosion areas are mostly depleted. This project would replace all depleted passive anodes and all failed impressed current anodes and perform other maintenance on associated rectifiers and wiring as required. INTENT: Appropriate Commercial Passenger Vessel Funds to the Alaska Railroad Corporation in compliance with AS43.52.230 (b) for Alaska's Cruise Ship Passengers with Cruise Ship Dock maintenance and repairs and improving the Dale R. Lindsey Alaska Railroad Seward Intermodal Terminal facility Cruise Ship Passenger pedestrian area including independent transportation and outside luggage drop off sites. CHECKLIST: Comprehensive Plan:3.5.1 "Create a thriving port of Seward through Yes No N/A CONSISTENCY harbor improvements...", and 3.5.1.2, "Plan for adequate port infrastructure that will serve the needs of users in the main 1. industrial/Alaska Railroad area..., sustain an increase above the X current activity, and attract new business, *Coordinate with the Alaska Marine Highway System and Alaska Railroad to complete intermodal dock improvements " Strategic Plan: Page 7 "Continue working with the Alaska Railroad... 2. and cruise ship industries to ensure the expansion and modernization of X the rei ht and cruise ship port facilities. " Other: Compliance with AS43.52.230 (b), "...a city or borough that receives a payment under this subsection shall use the funds for port 3. facilities, harbor infrastructure, and other services provided to the X commercial passenger vessels and the passengers on board these vessels." FISCAL NOTE: The City of Seward receives a portion of the State of Alaska's commercial passenger vessel tax, which is essentially a tax on cruise ship passengers. This tax is allocated among the first five ports of call. Currently, the City of Seward has a balance of unappropriated funds. The Commercial Passenger Vessel (CPV) or cruise ship tax funds can only be used for qualified purposes. n Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: OM Approve Resolution 2012- appropriating $208,150 of Commercial Passenger Vessel (CPV) Tax Funds to provide pavement repairs and striping at the Alaska Railroad Corporation (ARRC) Cruise Ship Terminal and replacement of depleted passive anodes on the ARRC Cruise Ship Dock in support of Cruise Ships and their Passengers. �10A CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664.0167 February 28, 2012 Mayor Mike Navarre Kenai Peninsula Borough 144 N. Binkley Soldotna, Alaska 99669 RE: Cruise ship passenger tax proceeds Dear Mayor Navarre, Main Office (907) 224-4050 Police (907) 224-3338 Harbor (907) 224-3138 Fire (907) 224-3445 City Clerk (907) 224-4046 Community Development (907) 224.4049 Utilities (907) 224-405U Fax (907) 224-4038 On behalf of the community of Seward, 1 would like to thank the Borough Assembly and administration for allocating the Commercial Passenger Vessel (CPV) excise tax to the cities of Seward and Homer, based on their pro-rata share of cruise ship passengers visiting each port. These funds have been critical to Seward's ability to provide improvements to our port infrastructure in support of cruise ships and their passengers. The City of Seward was asked to submit a letter requesting their allotment of 2011 cruise ship head tax proceeds, and to identify the intended use of these funds. AS 43.52.230(b) requires that "a city or borough that receives a payment under this subsection shall use the funds for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board those vessels." Seward's planned use of these 'ports -of -call' funds will entirely meet these requirements. We have identified the following projects for utilization of CPV funds, including: 1) harbor dredging ($550K); 2) bus transportation for cruise passengers and crew ($200K); 3) ambulance services ($10K); 4) harbor restroom repairs and upgrades ($100K); 5) cruise ship dock maintenance and repairs ($220K); 6) cruise ship berth enhancements ($1.31 million), as well as other port and harbor infrastructure needs. We appreciate your support of our request, and look forward to working with you to enhance facilities for the cruise ship industry in our region. 4amineerely, es Hunt, City Manager E3 September 21, 2012 Mr. James Hunt, City Manager City of Seward PO Box 167 Seward, Alaska 99664-0167 RE: Request for Commercial Passenger Vessel Funding Dear Mr. Hunt: REAL ESTATE DEPARTMENT TEL 907.266.2817 FAX 907.265.2450 The Alaska Railroad has two projects that would directly benefit the Cruise Line Passengers coming into Seward. We are requesting funding from the City of Seward's portion of the Commercial Passenger Vessel (CPV) Tax since both of these projects provide improvements to our port infrastructure in direct support of cruise ships and their passengers. Our projects are as follows: 1. Pavement Repairs and Striping $131,000 (project sheet attached) 2. Replace depleted passive anodes $ 50,000 (project sheet attached) In your February 28, 2012 request to the Kenai Peninsula Borough asking for the allocation of the CPV funds, you identified projects for utilization including; $220,000 for cruise dock maintenance and repairs, and $1.31 million for cruise ship berth enhancements. The parking lot paving improvements and anodes repair both are specific projects within the general description you provided to the Borough when requesting the allotment of these funds. The projects outlined above both meet the AS43.52.230(b) requirement a city or borough that receives a payment under this subsection shall use the funds for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board these vessels." We appreciate your support of our request, and look forward to working with you to enhance facilities for the cruise ship industry in Seward. We would like to have the funds allocated by January in order to begin project planning and complete the improvements before the first cruise ship passengers arrive in April. Please contact me at 907-265-2428 so that we can discuss moving this request forward. Sincerely, James Kubitz Vice President, Real Estate and Facilities uy W. Ship Creek Avenue MAILING ADDRESS eL 90 kG5.2300 inr. 907.265.2416 Anc:homge, Alsska 995 )l P.O. Box io7po Anchorage, Alaska, 995io•75oo AhskaRa,hoad.wr Seward Cruise Ship Intermodai Area Pavement Repairs and Striping Cost Estimate old gantry crane rail to eliminate hazard and factlitate paving I Feet Paint striping on gravel and asphalt as shown signage and sign posts to channel traffic Seward Cruise Ship Dock 250 1 $ 13.00 1 $ 3,250 Ft I 3,0001S 5.00 I $ 15,000 10 1 5 350.00 1 $ 3,500 Subtotal: $ 96,750 35% overhead, etc $ 33,863 Total cost (rounded) $ 131,000 All failed impressed current anodes were replaoed In 2005 and new passive anodes were Installed 1t 200812008. Many Replace depleted passive anodes (see photo of the legacy Impressed above) and failed impressed current anodes current anodes which were not replaced in 2012 operational in 2005 have subsequantlyfaged. Several of the new passive anodes in high corrosion areas are mostly depleted. $ 5Q,000 �1 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE USE AGREEMENT BETWEEN THE CITY OF SEWARD AND THE ALASKA VOCATIONAL TECHNICAL CENTER (AVTEC) WHEREAS, the AVTEC Student Services Center facility provides a viable recreation site for the public in a variety of programs including: roller skating, youth basketball leagues, youth and adult open gym, adult basketball, wallyball, volleyball and racquetball leagues and programs, weight lifting, aerobics and other special programs; and WHEREAS, the previous contract between the City of Seward and AVTEC to provide public use at the AVTEC Student Services Center has ended, and the parties wish to enter into a new agreement; and WHEREAS, the AVTEC student population, families of students, staff, and faculty of AVTEC and their families also benefit from various programs offered through the SCC; and WHEREAS, AVTEC requires the use of their office space and the agreement has been changed to reflect that and to move SPRD offices; and WHEREAS, the City of Seward Administration and Parks and Recreation Department has negotiated those terms and the remainder of the terms and conditions of attached agreement with the Alaska Vocational Technical Center to provide public use at the AVTEC Student Services Center; and WHEREAS, the 2012 budget approved by the City Council reflects the program hours, associated expenses, and projected uses set forth in the Use Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Use Agreement between the City of Seward and the Alaska Vocational Technical Center is hereby approved, and shall become effective on the date of signature by both parties. Section 2. The term of the agreement is for three years beginning October 1, 2012. Section 3. Two one-year extensions may be approved by the mutual written agreement of both parties. Section 4. This resolution shall take effect immediately upon its adoption. Vc;'�z Agenda Statement Meeting Date: November 26, 2012 To: City Manager, James Hunt From: Ron Long, Assistant City Manager Agenda Item: Use Agreement between AVTEC and City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has long enjoyed the benefits of providing community recreation programs through the AVTEC Student Service Center (SSC) to the public. The following, new Use Agreement offers several amendments and is recommended by Administration for approval. The City attorney did review the original Use Agreement in 2003, but has not yet reviewed the proposed revisions. The attached three-year Use Agreement includes two, one-year extensions, to be authorized by the City Manager if no major changes are proposed. The financial impacts of the Use Agreement remain fairly constant. They reflect an increase of rent from $1,000.00 to $1,500.00 per month. The City of Seward will continue to pay for the contracted custodial care of the downstairs portion of the SCC, including cleaning the gameroom area unavailable to members of the public. The former Equipment Credit (or Rent Credit) program is dropped. Rent payments will be made directly to AVTEC. As mentioned in several previous City Manager reports, the new Agreement also includes the reduction of hours to the public. INTENT: The intent of this agreement is to provide top quality recreation to members of the public who may not otherwise be provided access to indoor recreational opportunities. It is equally beneficial to have parks and recreation programs available to AVTEC students and their families who are temporarily living in Seward. It is understood the costs of recreation space is a needed expense, and this partnership reduces overall costs to users and the general tax payer by sharing facilities. 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: Custodial contract and Equipment Credit funding was approved in the 2012/2013 budget. Approved by Finance Department: ✓�^-4�� ATTORNEY REVIEW: NO RECOMMENDATION: City Council approve Resolution 2012 — 092, accepting and approving the Use Agreement between Alaska Vocational Technical Center and the City of Seward. 1�� USE AGREEMENT Between AVTEC-Alaska's Institute of Technology and City of Seward This is an agreement ("Agreement") between the: AVTEC-Alaska's Institute of Technology (AVTEC) P.O. Box 889 Seward, AK 99664 (907) 224-3322 FAX # (907)224-4143 and the City of Seward (City) P.O. Box 167 Seward, AK 99664 (907) 224-4057 FAX # (907)224-4051 for the use of the Student Services Center (SSC). Each party will provide services as Indicated in this Agreement. The purpose of this Agreement is to define the roles and responsibilities of AVTEC and the City, both entities held accountable for the management of the SSC facility to benefit AVTEC student use, AVTEC staff use, and public use through the Seward Parks and Recreation Department (SPRD). AVTEC's goal Is to meet the needs of AVTEC students first and provide access to the public second. Following approval by the City Council for the City, this Agreement shall become effective on the date of signature (by both parties) for three years effective October1,2012, with two one-year options to extend, by mutual written agreement of both parties. This Agreement may be terminated by either party with thirty (30) days written notice of termination delivered by first class mail to the last known address of the other party, by fax, or in person. 0 \ Page 2 AVTEC/City Use Agreement AVTEC AGREES TO: 1. Provide the City with the following weekly base schedule unless otherwise noted in this Agreement Base Schedule: A. Open Hours (These are potential hours for discussion) Monday -Friday 2:00 to 9:00 pm * Saturday 10:00am to 6:00 pm . *At least two nights between Monday and Thursday must be open to joint use of the students and the community. No more than two nights can be reserved for community league tournaments. B. Closures Saturday & Sunday (Memorial Day -Labor Day) Closed to public, except Special Events by request Note - SPRD closes approximately seven (7) days around Christmas and New Years and approximately seven (7) days in early summer for maintenance or preparations. 2. Provide the City use of the gym, racquetball court, weight room, locker rooms, unless otherwise noted in this Agreement during the Base Schedule hours. 3. Allow the City continuous use of the check-out window area, and storage area. 4. Provide the City additional hours on a request basis as specified below. 5. Notify the City In writing of special AVTEC needs for the SSC use during the Base Schedule at least two weeks in advance 6. Notify the City in writing of SSC closures due to maintenance work in accordance with Appendix BB. 7. Provide all janitorial supplies, such as cleaning products, paper products, and light bulbs, and shared use of custodial equipment, such as carpet cleaners and vacuums, as requested and approved on appropriate forms. Provide a secured custodial storage closet on the first floor. Within two weeks of submitting written requests for replacements supplies and equipment, damaged or worn out due to regular use, replacements or a response as to the reason for delay in replacement will be provided. 8. Maintain and repair AVTEC-owned recreation equipment and structures located within the SSC facility. Page 3 AVTEC/ aty Use Agreement 9. Retain a security deposit for cleaning when leasing areas of the SSC to reimburse either the City or the City's custodial contractor for additional janitorial service that may be required. Contact either the City or City's contractor for non-scheduled cleaning, prior to the event. 10. Approve or deny requests of additional hours added to the City Base Schedule within 72 hours of such requests. 11. Respond to Work Orders, recommendations on safety hazards and other reports per written guidelines submitted by SPRD and as listed in Appendix AA. 12. Review and address repair and maintenance requests within the time frames and guidelines listed in Appendix BB. THE CITY OF SEWARD AGREES TO: i. Compensate AVTEC $1,500 per month for use of designated office space and public use of the SSC subject to annual appropriation by the City Council. Payable upon receipt of invoice. 2. Upon termination of the Agreement, SPRD will vacate all space occupied in the SSC and the full balance of unused accrued rent will be paid in cash to AVrEC within 60 days of the effective date of the termination. 3. Supervise a custodian, via contract or employee to clean the SSC during Base Schedule periods in accordance with Appendix CC. 4. Provide SPRD personnel to supervise all City -sponsored activities and staff the check- out window in the SSC during the Base Schedule as well as approved additional special activities of the City. S. Provide access to SPRD public programs to all AVTEC students and their dependants each with a valid ID to: a. Public use drop -in programs. Any drop -in, non -registration, program shall be made available to all age -appropriate AVTEC students and their dependants at no charge during the scheduled time. Examples: weight room, racquetball, drop -in wallyball, open gym, open roller skate. b. Classes. Any registration class on -site shall be opened to all age -appropriate, valid AVTEC students and/or dependants at no charge. This excludes classes In which instructors are contracted or paid and the public is charged registration and/or materials fees. -) s Page 4 AVTEC/ City Use Agreement c. Leagues and Tournaments. All leagues and tournaments are opened to all age -appropriate, AVTEC students and/or dependants, as defined within Appendix DD. d. Facility leasing: AVTEC students will be charged for community events not sponsored by SPRD or AVTEC, the only exception would be bazaars, (ie craft show, art fair, sports swap). One booth or table will be provided for AVTEC students at no charge. Students are excluded from activities that are the result of a private party lease. S. Provide all AVTEC Staff, as identified on current staff listing, free access to weight room, exercise room, locker room at all times. Exclusion: AVTEC staff, regular and adjunct, will pay regular public fees for classes, leagues, tournaments, and other special programs. Family of AVTEC staff/faculty must pay for facility usage during SPRD hours. 6. Submit requests to AVTEC's Administrative Assistant at 224-4144 (fax) for additional hours added to the City base schedule at least two weeks in advance of the event. 7. Coordinate, schedule and supervise public requests for facility use during the Base Schedule. SPRD will refer any public requests for time outside of Base Schedule to AVTEC's Administrative Assistant at 224-4163 (phone). 9. SPRD has the right to reduce the Base Schedule hours according to public need and budget. SPRD will not be responsible for management or supervision during adjusted non-SPRD base hours if required to reduce published, open, public use hours. INDEMNIFICATION: The City shall indemnify, defend, and hold AVTEC and the State of Alaska harmless from any liability, action, claim, suit, loss, property damage, or personal injury of whatever kind resulting from or arising out of any act of commission or omission by the City, or Its agents, employees, guests, invitees, or customers; or arising from or connected with the City's use and occupation of the premises; or arising from or connected with the exercise of the rights and privileges granted by this Agreement to the City. AVTEC shall indemnify, defend and hold the City harmless from any liability, action, claim, suit, loss, property damage, or personal injury of whatever kind resulting from or arising out of any act of commission or omission by AVTEC, or its agents, employees, guests, invitees, or customers; or arising from or connected with the AVTECs use and occupation of the premises. If there is a claim of, or liability for, the joint negligence errors or omissions of the City, l�q Page 5 AVTEC/ aty Use Agreement AVTEC and State including their employees, agents or contractors, then liability shall be apportioned on a comparative fault basis. The obligations of this agreement to indemnify shall survive the expiration or termination of this Agreement. INSURANCE: 1. City. The City shall secure or purchase at its own expense and maintain in force at all times during the term of this Agreement, the following policies of insurance to protect both the City and the AVTEC (the State, its officers, agents, and employees). Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the City's policy contains higher limits, AVTEC shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be fumished to the AVTEC's Business Offices prior to occupancy. Failure to furnish satisfactory evidence of insurance, or lapse of the policy, are material breaches of this contract and shall be grounds, at the option of AVTEC, for termination of this Agreement. All Insurance policies shall comply with, and be issued by, insurers licensed to transact the business of insurance under AS 21. Workers Comuensation Insurance: The City shall provide and maintain, for all its employees, coverage as required by AS 23.30.045, and where applicable, comply with any other statutory obligations. The policy must waive subrogation against the State. Commercial General Liability Insurance: Such policy shall have minimum coverage limits of $500,000.00 combined single limit per occurrence. It shall provide for fire legal liability coverage. The policy shall be written on an "occurrence" form unless specifically reviewed and agreed to, by the Division of Risk Management. The State must be named as an additional named insured on the policy with respect to the operations of the lessee on or in conjunction with the leased premises. 2. AVTEC. AVTEC represents and warrants, for itself and the State, that it Is insured to at least the level of coverage required by the City in this Agreement, through self insurance or otherwise. ADA COMPLIANCE: AVTEC acknowledges that the SSC is a public accommodation and AVTEC shall comply with all applicable provisions for the American with Disabilities Act (ADA), and regulations promulgated there under with respect to the SSC and services provided under this Agreement. AVTEC shall not be responsible for any ADA requirements applicable to the City, its agencies or subcontractors. The City shall make inquiry of all prospective participants as to any special requirements that may be required and in the event that the City is given actual notice that a n!s� Page 6 AVTEC/ Clly Use Agreement participant In the program will have special needs, the City shall notify AVTEC of the special needs reported by the individual(s) and shall cooperate with and assist AVTEC in providing reasonable accommodation to the identified special needs. AVTEC shall not be responsible for any claims, suits, penalties, fines, damages or liability caused In whole or in part by the Clty's failure to adequately notify AVTEC of the special needs of any of its participants or employees. The City shall be solely responsible for ADA compliance in supplying auxiliary services or aids for its specific classes, programs, and all other City sponsored or endorsed program activities or events. CONFLICT RESOLUTION: In general, resolution of any discrepancy or situation that results from following the guidelines established by this document or not covered by provisions of this document shall be resolved by representatives of each party signing this Agreement in the following order: Level 1 SPRD Director and AVTEC Deputy Director Level 2 City of Seward Manager and AVTEC Director It is expected that all matters pertaining to security, maintenance, supplies, programming, scheduling, and facility use in general will start at Level 1. Any situation requiring amendments to this Agreement or resolving personnel issues will begin at Level 1. State of Alaska Center City of Seward By: JarfiesHunt, r City Manager ATTEST: City Clerk Page 7 AVTEC/ Cty Use Agreement APPENDIX AA PROCEDURES FOR REQUESTING SUPPLIES, EQUIPMENT & MAINTENANCE, AND FOR REPORTING DAMAGES, & SECURITY BREACHES A. REQUESTING SUPPLIES AND EQUIPMENT 1. All requests for supplies and equipment are sent from the custodian to SPRD. The SPRD supervisor will pass those requests which fall under the responsibility of AVTEC to the AVTEC Dormitory staff using the standard Stock Request form. The dormitory staff will respond to each request within two weeks of the date on the request, either by fulfilling the request or by written notification to the Parks and Recreation staff why AVTEC is unable to fulfill It, e.g. on order, etc... B. REQUESTING ROUTINE MAINTENANCE 1. Work orders for routine or incidental maintenance on equipment or the facility are faxed to the Maintenance Department on a standard Work Order form. The Maintenance Department will assign the work order to staff to complete. C. REQUESTING IMMEDIATE MAINTENANCE 1. Maintenance needing immediate attention (emergency, hazardous, or urgent situations) is reported to the AVTEC staff person on duty. During the early morning hours, the report Is made to the dorm attendant who will contact the maintenance person on call. During normal business hours, after 8 a.m., call the AVTEC Maintenance Director directly; if unable to contact Maintenance, then SPRD staff may contact the dorm attendant who will contact Maintenance. D. HANDLING LIFE THREATENING EMERGENCIES 1. Should a life -threatening emergency develop, affecting the Immediate safety and life of SPRD staff in the building, call 911 immediately. 2. If necessary, follow evacuation procedures. E. REPORTING CRIMINAL ACTIVITY 1. SPRD staff verbally report all evidence of criminal activity such as a break-in or vandalism first to the police, second to the AVTEC staff person on duty, and then to the SPRD supervisor on duty. 2. The SPRD staff person discovering the criminal activity prepares a written statement on observations and actions taken with copies to SPRD supervisor and to the AVTEC Administration staff. 3. The evidence should not be touched or cleaned up and the area in which the evidence is located until released by the police. Page 8 AVTFC/ aty Use Agreement F. REPORTING OTHER SAFETY/SECURITY PROBLEMS 1. Evidence of safety hazards or security breaches, such as unlocked doors, are logged and reported to SPRD supervisor who will forward the report to the Dormitory staff. 2. Likewise, breaches noted by AVTEC staff are reported and a report copy sent to the SPRD Director. 3. All incidents involving AVTEC students, family members, or staff will be reported to AVTEC's Student Services Coordinator or Deputy Director using the AVTEC Incident Report Form no later than the following day. 4. AVTEC reserves the right to temporarily or permanently ban any individual or team that abuses AVTEC facilities, equipment, or discriminates, assaults, or verbally abuses any AVTEC student or staff member. Page 9 AVTEC/ Gty Use Agreement APPENDIX BB AVTEC FACILITY/EQUIPMENT REPAIRS AND MAINTENANCE: REVIEW AND RESPONSE TIMES A. EMERGENCY, HAZARDOUS, AND URGENT MATTERS 1. SPRD will notify AVTEC staff as soon as the problem is discovered (See Appendix AA for procedures). AVTEC will respond immediately, within no later than an hour. AVTEC will notify SPRD of any safety measures or closures as soon as these are known. B. ROUTINE & INCIDENTAL FACILITY/EQUIPMENT REPAIRS & MAINTENANCE 1. AVTEC will respond to written Work Orders within 72 hours, i.e. assign the work order to be reviewed and completed (See Appendix AA). Within two weeks, AVTEC Maintenance will complete the job and notify SPRD of the status of the Work Order. When response is untimely, SPRD may call the AVTEC Director or Deputy Director to discuss the maintenance issue. AVTEC and the SPRD Director will then determine a mutually agreeable solution to resolving the maintenance problem. C. SCHEDULED MAINTENANCE 1. Inform SPRD of any maintenance which will close or affect SPRD programs (weight room, showers, studio, craft room, racquetball court, gym, office, snack room, hallways) on a quarterly basis. Notification should be received by August, November, February and May for subsequent quarters having scheduled maintenance projects, such as painting, etc... Note- Scheduled maintenance will be arranged, to the extent possible, so as not to interfere with SPRD activities. Page.to AWEC/ C/ty Use Agreement APPENDIX CC CUSTODIAL REQUIREMENTS The City of Seward shall be resAonsible for: Janitorial duties according to specifications set for the Alaska Vocational Technical Center's Student Services Center Facility. Schedules and performs appropriate janitorial dudes. Inventories and orders, as necessary, janitorial supplies and equipment. Reports maintenance and repair to supervisor (or contractor). Meet with supervisor monthly. Unlock doors for public use. Survey problems at end of shift. Inspect each room for cleanliness as leaving each day. Performs other duties as needed or assigned. The following are listed according to time/location: A. DAILY DUTIES: Locker Rooms: Check paper dispensers, clean and sanitize sinks, clean and sanitize toilets, empty trash, scrub shower, vacuum/sweep, mop, spray deodorant, clean mirrors. Game Room: Empty trash, sweep, mop, dust, spot -mop stains, remove graffiti. Racquetball Court: Sweep and remove marks on floor & walls. Gym: Sweep floor/bleachers, clean and sanitize faucets/sinks, remove gum, graffiti, and marks from bleachers/floors. Checkout Area Sweep, empty garbage, remove marks from floors. & Kitchen: Weight room: Sweep, dust/clean weights and equipment, sanitize all seating areas and handles. Vestibules: Vacuum, clean windows/sills. Hallways: Sweep or vacuum, empty trash, mop (daily in winter), remove graffiti and marks. Lobby: Sweep/vacuum/mop as needed, dust, empty trash, vacuum rugs. Crafts, Ceramics Room: Sweep/mop, empty trash, clean/dust surfaces, sinks, tables (especially after each class). Remove stains to the extent possible. Rb Page 11 A MCI City Use Agreement Janitor's Closet/Storage: Outdoor Ash Trays: As time allows: B. BI-WEEKLY DUTIES: Locker Rooms, Sauna & Restrooms: Racquetball Court: Weight Room: SPRD Office, Check-out Area & Kitchen, Hallways, North Vestibule, Lobby, Craft Room, Custodial Closet: C. WEEKLY DUTIES: Locker Rooms: Gym: Hallways: Weight Room: SPRD Office, Check-out Area & Kitchen: Janitor's Closet/Storage: Keep work area clean and organized. Empty and clean daily, and as needed. Clean and sanitize door handles, remove stains to the extent possible, treat doors, and clean racquetball court/walls. Polish chrome and stainless pieces. Sanitize stall walls, doors. Change AVTEC-provided light bulbs as needed. Clean windows and doors, or as needed, clean floor. Scrub/mop floors. Change AVTEC-provided light bulbs as needed. Change AVTEC-provided light bulbs as needed. Wipe down lockers, mop using strong detergent. Clean ceramic walls, check soap dispensers, and hose floors. Mop twice (2) weekly. Mop (weekly in summer), spot mop as needed. Clean mirror, polish stainless and chrome. Mop twice (2) weekly. 0.1 D. SUMMER/CHRISTMAS BREAKS: Locker Rooms: Clean men's/women's lockers, walls, and showers. Empty lockers and dean and sanitize, then dry. Game Room: Wash grout, wash walls. ELI Page 12 AMCI Qly Use Agreement Racquetball Court: Gym: Weight Room: Vestibules: Hallway: Lobby: Crafts/Ceramics Room: Clean walls/windows up to ceiling. Scrub and buff floor, mop and wax bleachers/backboards. Scrub floor well and base of machines. Clean carpets, scrub windows/sills inside and out up to ceiling. Clean grout. Wash snack bar area. Shampoo carpets. Clean grout with appropriate cleaners. Scrub and buff floors. Scrub walls. Janitor's Closet/ Scrub floor. Empty and re -organize. Clean shelves, Storage: sanitize and clean tools, and wash basin. AS NEEDED: SPRD shall shovel the two, east -to -west walkways. AVTEC shall maintain and clear the 4th Avenue north -to -south sidewalk. AVTEC will replace lights and light bulbs In the gymnasium, racquetball court, south vestibule/lobby, and the gameroom. 1 �� Page 13 A MCI aty Use Agreement APPENDIX DD Leagues & Tournaments A. Leagues: All leagues are opened to all age -appropriate, valid AVTEC students and/or dependants within the following guidelines: (Fees are required to cover the costs of officials, league management and awards.) League and Tournament play Including non-AVTEC team practices and high school team practices will only be scheduled during SPRD time In accordance with the base schedule unless previously coordinated and approved by AVTEC. 1. Basketball League. A manager is required to serve as team representative. The manager may be an adult volunteer, student or paid staff member. No manager; no league admittance, per established league guidelines. Each team member must sign a player contract for one team. If AVTEC sponsors two teams, the player (and/or manager) must choose one team. The player will be responsible for one-half the Individual player fee; (fees vary with earlybird discounts, late fees, full or partial season payments.) AVTEC pays the second half of the fee per player. AVTEC may choose to pay this fee for each player. The team sponsorship fee is not charged to any AVTEC team for any league which is hosted in AVTEC. Men and women are Invited to participate in this league. 2. Co-ed Volleyball League. A manager is required to serve as team representative. The manager may be an adult volunteer, student or paid staff member. No manager; no league admittance, per established league guidelines. Each team member must sign a player contract for one team. If AVTEC sponsors two teams, the player (and/or manager) must choose one team. The player will be responsible for the Individual player fee, (fees vary with earlybird discounts, late fees, full or partial season payments) AVTEC may choose to pay this fee for each player, as in previous years. The team sponsorship fee is not charged to any AVTEC team, as long as the league is held in AVTEC's facility, but to be paid in full when taking place at another location. 3. Co-ed Wallyball League. A manager is required to serve as team representative. One AVTEC student team, per quarter, will not be charged the team sponsorship fee. Subsequent teams will be charged the team sponsorship fee to cover league costs. 4. Other Leagues - not currently programmed - will be made available to all AVTEC students and/or dependants on a case by case basis in terms of fees. The basic formula will require that the students will pay one-half the player fee with AVTEC paying the second half; AVTEC will not be charged the sponsor or team fee whenever leagues are held in the AVTEC gym. �3 Page 14 AVTEC/ City Use Agreement Appendix DD cont' 5. Forfeitures. Abuse of any forfeiture regulation may deny further participation In any league. B. Tournaments. All tournaments are opened to all age -appropriate, valid AVTEC students and/or dependants within the following division (skill) and payment guidelines: (Fees are required to cover the costs of officials, league management and awards. Divisions are required to ensure a quality tournament to all sponsors, players, and managers.) 1. Divisions. Any tournament (invitational or otherwise) which advertises a format limiting or including divisions shall be restricted only to those divisions, and only to those players within said divisions. Division status is generally determined by local league performance. 2. Payment. AVTEC shall be charged the team entry fee for each team entering a SPRD tournament. Exceptions: SPRD will not charge team entry fees for up to one wallyball team per wallyball tourney: and up to three players per racquetball tourney. 3. Forfeitures. Abuse of any forfeiture regulation may deny further participation In any tournament. 12�1 City of Seward, Alaska City Council Minutes October 8, 2012 volume 39, Page 19 CALL TO ORDER The October 8, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Vanta Shafer Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent — None Christy Terry Bob Valdatta Marianna Keil CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda Casagranda added a discussion on direction to administration for the fluoridation compromise. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2012-076, Accepting Funds From A Rasmusson Foundation Tier I Grant In The Amount Of $6,750 To Update Seward Library's Non -Fiction Collection And Appropriating Funds. Resolution 2012-077, Restoring Budgeted Line Items To Account For The Cost Of Credit Card Fees Charged To The City When Customers Pay By Credit Card. The August 27, 2012 City Council Regular Meeting Minutes were approved. ,IS7 City of Seward, Alaska City Council Minutes October 8, 2012 Volume 39 Page 20 Certification of the October 2, 2012 Municipal Election results was approved. Budget Work Sessions were scheduled for November 5, 6, and 7, 2012 at 6:00 p.m. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards A Proclamation was presented to the individuals and agencies who took part in the 2012 Mount Marathon Rescue for the missing male runner. A Fire Prevention Week Proclamation was read. October was proclaimed Domestic Violence Awareness Month. October was proclaimed Archives Month. Borough Assembly Report, Sue McClure stated the Kenai Peninsula Borough Assembly met on September 18, 2012 in Homer and toured the South Peninsula Hospital. One item that impacted Seward was the Assembly pulled the ordinance that would have appropriated funds for the purchase of the property for the new site location of the Bear Creek Multi -Use Service Area Facility. After environmental testing, stability problems were discovered and the plan was adapted to build on the existing site even though it's in a flood plain. She complimented the city, borough and flood board for their coordinated efforts to combat this flood. As a result of the flooding, the Assembly held a special meeting on September 28, 2012 to extend the State of Emergency Declaration by 60 days so they could continue to file claims, and they appropriated $500,000 from the General Fund to begin paying for some of the costs associated with repairs. The Assembly would be certifying the election on October 9, 2012, and would include all ballots received through the mail until then. On October 13, 2012, she would be traveling to outlying communities to gather capital improvement project priorities and also to have them decide on how to spend state revenue sharing monies. Valdatta announced that October 15-17, 2012 the state would have a disaster field team in Seward to collect claims from citizens who suffered flood damages. McClure added the state representatives would be available from 9:00 a.m. — 7:00 p.m. on those dates at the Legends Building. City Manager's Report, Acting City Manager Kris Erchinger stated the City Manager and Assistant City Manager were both traveling on city business. Upon their return, they would bring to council updates on the Coastal Villages Region Fund, the Seward Community Library Museum Project, the AVTEC contract revisions and the flood debriefing. There were no expenditures between $10,000 and $50,000 approved by the City Manager since the last council meeting. Dredging work started on October 2, 2012 at Z-Float in the harbor. The recent flooding did not cause any major damage at the harbor. There was a new dock worker 00 City of Seward, Alaska City Council Minutes October 8, 2012 Volume 39, Page 21 hired, August Aga, who previously worked at the Kodiak harbor. Parks and Recreation Director Karin Sturdy attended State of Alaska's Behavioral Health Prevention Grantee training in Anchorage through the Seward Prevention Coalition. Public Works personnel did an outstanding job safely protecting and recovering the bridge at the waterfall, and restoring access to Lowell Point during flooding. The Electric Department was pursuing a more permanent solution for the customers in the Camelot subdivision. On behalf of Willard Dunham, Erchinger reported that the Seward Mural Society was very grateful to the city for its ongoing support. Consul Koichi Funayama from Japan was very impressed with our city and the coal -loading facility and was surprised that Chile was the largest buyer. He was aware of the new contract that had been agreed to between Japan and Aurora Energy and was also aware of our fish sales to Japan. In response to Terry, Erchinger said Providence Seward Medical Center had been interviewing for a new administrator, but had not yet hired anyone to fill Chris Bolton's vacancy. Bardarson stated she was in Anchorage on October 5, 2012 and met with lobbyist Kent Dawson and representatives from the Alaska Industrial Development and Export Authority (AIDEA), along with Jim Hunt. They discussed the plan that needed to be ready if the General Obligation Bond Package passed this coming election. Mayoral Report, David Seaward stated he attended the Multi -Agency Flood Debriefing Meeting last Saturday. The State of Alaska was one of three in the U.S. that helped residents impacted by flood. There were two programs in Alaska to assist individual homeowners: a family grant program and a temporary housing program. He was grateful there were no injuries caused by the flood. Representatives from the State of Alaska's Emergency Management Team would be in Seward on October 15-17, 2012 at the Legend's Building to assist individuals and homeowners in filing claims. Also, well water testing coordination efforts were under way at the Kenai Peninsula Borough office at the Seaview Plaza on October 8-10, 2012. Other Reports, Announcements and Presentations NEW BUSINESS Resolution 2012-078, Allocating Additional Funds For Dredging The Small Boat Harbor Pursuant To The City's Agreement With The Us Army Corps Of Engineers And Authorizing The City Manager To Enter Into The Change Order In The Amount Of $161,602.56 Motion (Terry/Shafer) Approve Resolution 2012-078 Erchinger stated that the harbor was surveyed several years ago and provided an estimate of how much material would need to be dredged at that time. Since that time, it had become apparent that additional dredging would be required. The original estimate for $603,983 was for an estimated 2,250 cubic yards of dredging, and the city was planning to stockpile the dredged materials. The source of funds that council previously appropriated was $550,000 from the Commercial Passenger Vessel Tax Program and $53,983 from the Small Boat Harbor Fund. Resolution 2012-078 was M City of Seward, Alaska City Council Minutes October 8 2012 Volume 39, Page 22 asking for an additional $161,602.56 that would allow an additional 896 cubic yards to be dredged and bringing the total dredging to 3,146 cubic yards. Terry said Seward had done a great job to make sure the Commercial Passenger Vessel Tax Program funds were appropriately used per state statute. The area that required additional dredging was an area originally identified as the most beneficial for cruise ship passengers, and that was good justification for using the monies since that float (Z-Float) served the cruise ships with emergency response vessels. Harbormaster Mack Funk said in Seward they were fortunate they didn't have to dredge every year unlike other municipalities in Alaska. Valdatta thought the city should send a letter to the U.S. Army Corps of Engineers (ACE) regarding the breakwater project and how poorly it was designed. Erchinger said the cost of dredging was good because the city was partnering with ACE and, although it wasn't a great design to begin with, they tried to maintain a good relationship with ACE. Valdatta's concern was that projects be done right the first time so they didn't have to be re- done. Motion To Amend (Terry/Keil) Motion To Amend Passed Main Motion Passed Other New Business Add a new 6th Whereas that states, "WHEREAS, the restricted CPV Funds will be spent in compliance with AS 43.52.230 (b) for Alaska's cruise ship passengers with additional dredging in the area of Z-Float, or L-1, directly benefitting two life safety emergency vessels, the U.S. Coast Guard Cutter Mustang, and the City of Seward's fire boat that respond to cruise ship emergencies; and," Unanimous Consent Unanimous A Work Session was scheduled for December 10, 2012 at 6:00 p.m. to review the contract for Seward Providence Medical Center. Council re -scheduled the Work Session to discuss Ordinance 2012-010, Amending Title 14 of the City's Code of Ordinances to provide for Interconnection of Small Renewable Energy to October 24, 2012 at 5:00 p.m. Council directed administration to alert council prior to spending any time or money pursuing or lobbying for grants or funding that would support or further water fluoridation. INFORMATIONAL ITEMS AND REPORTS 2t City of Seward, Alaska City Council Minutes October 8 2012 Volume 39, Page 23 Hazard Mitigation Plan Update Progress Report for the Library/Museum Project COUNCIL COMMENTS Bardarson thanked the public for their support for her re-election and she would work hard for them. She congratulated Council Members Casagranda and Keil as well, and thanked Ken Blatchford and Tim McDonald for putting their names into the hat. Keil thanked the public for their votes and looked forward to working with everyone. Shafer asked council to give direction to the mayor to attend newly -elected official training being held at the Alaska Municipal League (AML) Conference in November. Seaward said he would be willing to go if that was council's wishes. Casagranda thanked everyone for their support during the election and she was grateful to be re-elected. She would be traveling on vacation from October 15 - December 6, 2012 and while she was away she planned to participate in work session discussions and listen to the council meetings. Terry welcomed the U.S. Coast Guard Cutters Sycamore and Maple, congratulated those who were re-elected, and thanked Ken Blatchford and Tim McDonald for their participation. Valdatta said since the cruise ship season ended it was unclear if and when the free shuttle bus system was ending and there appeared to be confusion by visitors. He hoped next year it would run more smoothly and the shuttle bus schedule would be communicated better. Seaward thanked everyone for coming, Martha Fleming for running the camera, and GCI for providing the broadcasting service. He reminded citizens to contact the state and borough if they needed assistance with flood claims. CITIZEN COMMENTS Patty Linville mentioned the new tiles on the outside walls of the new Library Museum and said they had been well received and had heard a lot of great comments about them. Visitors to the Library Museum verbalized their excitement about the project. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil said she also had heard a lot of positive feedback about the outer walls of the new Library Museum and she congratulated Sue McClure on being re-elected as Seward's Kenai Peninsula Borough Representative. ADJOURNMENT City of Seward, Alaska City Council Minutes October 8, 2012 Volume 39, Page 24 The meeting was adjourned at 8:37 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) 106 City of Seward, Alaska City Council Minutes October 22 2012 Volume 39, Page CALL TO ORDER The October 22, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. SWEARING IN OF NEWLY ELECTED OFFICIALS Newly -elected council members Jean Bardarson and Marianna Keil were sworn in by City Clerk Johanna Kinney. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Bob Valdatta Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk' Brenda Ballou, Deputy City Clerk' Absent — Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Sue McClure said she and Mayor Navarre would present a proclamation to Autumn Ludwig at the Assembly meeting tomorrow night. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2012-079, Accepting Funds Up To $7,280 From The Alaska Owl (Online With Libraries) For An Internet Technology Aide Grant And Appropriating Funds. City of Seward, Alaska City Council Minutes October 22, 2012 Volume 39, Page The September 10, 2012 City Council Regular Meeting Minutes, the September 24, 2012 City Council Regular Meeting Minutes, the September 24, 2012 City Council Special Meeting Minutes and the September 28, 2012 City Council Special Meeting Minutes were approved. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards A Proclamation for Extra Mile America was read. A Certificate of Congratulations was presented to Autumn Ludwig for her assistance during the 2012 Mount Marathon Race and for being named Fire Fighter of the Year. An Alaska Police Standards Council Advanced Certificate was awarded to Officer Kenneth Brockman. Chamber of Commerce Report, Cindy Clock stated the Silver Salmon Derby/Fish Restoration Committee met last week and permitted the chamber to enter into a Memorandum of Understanding with the Cook Inlet Aquaculture Association (CIAA) to raise 50,000 Coho (Silver) Salmon. The eggs had been gathered at the Bear Creek Weir and would be released in 2014. The chamber website had a new page called "Winter Starts Here" to encourage people to explore Seward in the winter months. Clock outlined the state and federal legislative priorities for the Alaska Chamber of Commerce. Iceland Airlines would start service next summer between Reykjavik and Anchorage. City Manager's Report, Jim Hunt stated the following emergency purchase orders related to the September Flood Event were approved by the City Manager between $10,000 and $50,000: $50,000 to -Big Mike's for debris removal, $22,000 to CRW Engineering for the design of the emergency water line repair at the waterfall, and a regular purchase order for $15,000 to Metco, Inc. for road sand to prepare for the 2012-2013 winter season. Change Order No. 5 for the Seward Community Library/Museum included unforeseen non - discretionary changes to bring the atrium wall up to code in the amount of $5,349.19 and discretionary changes for a lighting package to complete the build -out of the museum exhibit space in the amount of $54,092.48 for a total of $59,441.67. Recent negotiations with AVTEC resulted in signing an agreement that would be brought to council for consideration next month. Gym hours and program space sharing were included in the agreement. A combination of AVTEC's need for the space and budget restraints resulted in an upcoming office space shift for the city's Parks and Recreation Department. The City Manager and Assistant City Manager attended the launch of the R/V Sikuliaq in Wisconsin and met with representatives from the University of Alaska, Fairbanks (UAF) and National Science Foundation (NSF) officials to build on the themes identified in the city's Comprehensive Plan to make Seward the arctic research and education center of Alaska. Hunt and Long also attended several classes each at the International City Managers Association Conference, �6AD.l City of Seward, Alaska City Council Minutes October 22, 2012 Volume 39, Page and would be focusing on customer service issues throughout the city going forward. They also met with the governor's administration, AIDEA and city lobbyist, Kent Dawson, to discuss the Coastal Villages project and the SMIC bond package. The harbor hired a new office worker, Naneth Ambrosiani, who previously worked for the city's Finance Department. A second wheel failed on the 50-ton TraveLift on October 8, 2012, but a spare wheel was installed on October 17, 2012. The Harbormaster was attending the Alaska Harbormaster's annual convention in Sitka this week, and next week would attend a tsunami preparedness workshop in Cordova along with Hunt and Fire Chief Dave Squires. The fourth Coastal Villages Region Fund vessel, The Gildy Logger, arrived in the harbor on October 17, 2012. Administration met with representatives from the Federal Emergency Management Agency (FEMA) to review flood damage and scope preliminary costs October 17, 2012. The following areas were identified as project areas caused by flood damage: landslide and waterfall on Lowell Point Road, Lowell Canyon upstream from diversion dike, Scheffler Creek in Clearview, Japanese Creek levee and the 4th of July Creek levee. The electric conduit throughout the Camelot subdivision was originally laid without the proper conduit, and had deteriorated to the point wherein approximately half of the residents were without power. The Electric Department was working diligently on repairs and upgrades. Bardarson said Resurrection Seafood had been without water since the September 19, 2012 flood and had not been able to buy and/or process fish since then. Hunt said the delay for responding was because the work required an engineer, but the city was moving forward quickly now. Bardarson was concerned that the fish season was over on November 15, 2012. Mayoral Report, David Seaward stated he attended the launch ceremony of the R/V Sikuliaq in Seward on October 13, 2012. He would be traveling to Obihiro, Japan from October 28, 2012 through November 4, 2012. He would be meeting with Governor Parnell on November 6, 2012. Other Reports, Announcements and Presentations UNFINISHED BUSINESS Ordinance 2012-010, Amending Title 14 Of The City's Code Of Ordinances To Provide For Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution System. (A motion to introduce Ordinance 2012-010 was made at the September 10, 2012 meeting by Council Member Casagranda and seconded by Council Member Terry. The introduction was postponed to September 24, 2012 and then again to this meeting date.) Motion (Shafer/Terry) Postpone Introduction of Ordinance 2012- 010 to the November 26, 2012 council meeting. Motion Passed NEW BUSINESS Unanimous Consent City of Seward, Alaska City Council Minutes October 22, 2012 Volume 39, Page Other New Business Council nominated, elected and swore in Jean Bardarson as Vice Mayor. Mayor Seaward appointed Ristine Casagranda as the Kenai Peninsula Borough Economic Development District (KPBEDD) Representative, and directed individual Boards and Commissions to present verbal quarterly reports to the City Council. Council discussed supporting Bonding Proposition A, State General Obligation Transportation Project Bonds at the November 6, 2012 General Election and decided against expressing an opinion as a body. Council finalized travel plans to the Alaska Municipal League (AML) Conference being held from November 12-16, 2012 in Anchorage, Alaska. Mayor Seaward would attend the Mayors Conference, and Council Member Keil would attend the AML Conference. Council cancelled the November 13, 2012 City Council Regular Meeting due to a scheduling conflict with the Alaska Municipal League (AML) Conference being that week. Council discussed Mayor Seaward's upcoming meeting with Governor Parnell. Long agreed to attend with Seaward. INFORMATIONAL ITEMS AND REPORTS August Financial Reports for Providence Seward Medical Center COUNCIL COMMENTS Bardarson thanked council for nominating and electing her as Vice Mayor. Keil congratulated Bardarson on her re -appointment as Vice Mayor. Shafer was pleased with the turnout of the RIV Sikuliaq community party at the KM Rae Building on October 15, 2012 and thought it demonstrated a huge amount of community support. She appreciated the opportunity to attend the launch in person. Valdatta asked what the status was with the property of the former Jesse Lee Home. Terry volunteered last week with the Seward Elementary School and helped perform a mock city council meeting where they passed a resolution. She congratulated Autumn Ludwig and Officer Brockman on their accomplishments. City Clerk Johanna Kinney confirmed the work session scheduled for October 24, 2012 to discuss the interconnect policy had been cancelled. She suggested scheduling the special meeting at the end of a budget work session for council approval of the city's annual legislative priorities. i5w City of Seward, Alaska City Council Minutes October 22, 2012 Volume 39, Page CITIZEN COMMENTS Tim McDonald congratulated the re-elected council members. Regarding the city's interconnect policy, he said it had been over a year since the State of Alaska passed a net metering law which required the city to also institute a similar law. He thought the most important issue facing the community was the financial implication of the upcoming bond package and thought it would be best served by creating a local port authority. He said the "free money" coming to Seward had a cost related to it, and the community may not be prepared with the infrastructure to support it. Keith Campbell said the development committee for the new Seward Community Library Museum had considered alternative heating supply, but had not considered wind energy. He was in favor of having windmills and thought it was a cost. -saving renewable energy source that would benefit the community. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil said there would be work sessions for the budget on November 5-7, 2012 which were open to the public and would be televised. She added that there were funds available through the State of Alaska for an energy program for low-income families. , Valdatta said the city had researched having a port authority and had researched the pros and cons. He asked Campbell to check and see if there was a tempering tank at the new Seward Community Library Museum. Seaward supported looking, into the potential to have wind energy at the new Seward Community Library Museum as an energy -saving and an educational tool. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) 1� � City of Seward, Alaska City Council Special Meeting Minutes October 22, 2012 Volume 39, Page CALL TO ORDER The October 22, 2012 Special Meeting of the Seward City Council was called to order at 8:55 p.m. by Mayor David Seaward. OPENING CEREMONY Vice Mayor Bardarson led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Marianna Keil Vanta Shafer Jean Bardarson Christy Terry Bob Valdatta comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING APPROVAL OF AGENDA Motion (Terry/Keil) Approval of Agenda Motion Passed Unanimous Councilmember Terry disclosed a potential Conflict of Interest because her employer, the Alaska Railroad, may potentially receive gravel output from this project. Mayor Seaward ruled that no conflict existed. Vice Mayor Bardarson disclosed a potential Conflict of Interest because her husband, Blaine Bardarson, had received but had not submitted a bid packet for this project. Mayor Seaward ruled that no conflict existed. NEW BUSINESS Resolution 2012-081, Authorizing The City Manager To Enter Into A Contract With Big Mike's, The Most Qualified, Responsive And Lowest Bidder, For The Seward 2012 Emergency N� City of Seward, Alaska City Council Special Meeting Minutes October 22, 2012 Volume 39 Page Debris Removal And Disposal Project, And Appropriating Funds. Motion (ShaferBardarson) Approve Resolution 2012-081 Hunt said this request for additional funds was necessary due to the amount of debris that accumulated from the September 19, 2012 flooding event. Valdatta questioned why the bid was proposed for $190 per hour rather than a by -the -truck rate. Long said the project was proposed this way due to the variety of dump site locations. Motion to Amend (TerryBardarson) Motion to Amend Passed Motion to Amend (Terry/Keil) Motion to Amend Passed Main Motion Passed COUNCIL COMMENTS CITIZEN COMMENTS In The Title And Throughout Resolution 2012-081, Replace "Professional Services Agreement" With "Contract" Unanimous Consent Add A New Last Whereas Stating, "Seward City Code section 6.10.120.a (2) states restrictions and provisions of major purchases and competitive sealed bids shall not apply where an emergency makes the defy incident to competitive bidding unreasonable." Unanimous Consent Unanimous Tim McDonald said $190 an hour was high and was not a competitive price. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS ADJOURNMENT The meeting was adjourned at 9:10 p.m. Johanna Kinney, CMC City Clerk David Seaward Mayor k 6�� City of Seward, Alaska City Council Special Meeting Minutes October 22, 2012 Volume 39 Page (City Seal) �0 D V Al N j N O V Ili co V NN-0V. 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O r gz o a v •e ID w c m o 0 a Qc w 0 2 o m O to 4D ° m a m c o' �i IBM, an °g� O d (G C 0 a <. A N o • � m m n"R cr r3 u�i N a �y p N rA� i ao SEWARD COMMUNITY �y � LIBRARY MUSEUM PROJECT PROJECT PROJECT UPDATE ACC-HEVEMENTS The Seward Community Library and Museum is entering the final phase of work as • Completed LandscapinL, g building finishes are installed inside and out. FUis<working toward completion o4V all • coiyqlleted Site (Avit Wod� and exterior work before winter. Inspections T(,.!d I'Ll ll Uli !-(� Site Work — The paving, striping, concrete flat work and landscaping are complete. 0rd(I'I CIOITI171,1,,h'd N1efJi1mjc,1.,I, E1e,Aric;.,I �)))d The Design, Project Management and Contractor teams completed the exterior site civil Numbing, Rmlgh­in punch list the third week of October. PCL is working to complete the punch list items. (;,ypsI,:lT1 VV.afflboard The public can expect minimal disruption to traffic along Sixth Avenue and Adams Installation Street through the end of the project. Building Exterior - The building envelope and window installation are mostly complete. Building signage has been installed near the main entrance on the building's north elevation. One of the most visible changes to the exterior is the multi -colored stainless steel wall tile installation, which has a striking yellow -green to blue -purple finish, depending on how the light reflects. The tiles offer easy long-term maintenance. The stone wainscot wall is being installed along the north, east and west elevations. Wall mural panels are ready for painting along the east and south elevations. Mechanical and r_n : L : .1 +1 Building signage is complete. electrical s U M b mostly complete. Building Interior The interior rough -in work is complete throughout the building — 5 except the basement mechanical and electrical rooms where the contractor continues to make building system final terminations. The gypsum wallboard (GW.B) installation is complete on all three levels and taping is mostly complete. Painters have been busy finishing the GWB and painting the exposed structural steel. The suspended ceiling tile track installation is underway at the second floor library and is mostly complete on the first floor. Mechanical finish trim has begun in the basement and first floor with plumbing trim -out in process. Electrical light fixture and switch installation finish work Exterior siding progress continues. is in process. The Building Automated System (BAS) is being installed. The elevato car and hydraulic pump are installed and ready for carpet. LOOK Al I EAD The Grand Opening/Dedication Gala is planned for Saturday, January 12th, 2013 with MILESTONES activities beginning at 1:30pm. The community is invited to come celebrate their Complete Buflrling Envelk)Pe beautiful new library and museum. Interior FinNhe�, llklild-ml! of rvlusi,unl C'Iprlplction FF&E lw"t�fflation I "A7,FY 1,1(114VILTE D111RECTOR 2 SCHEDULE 2009 2010 � 2011 2012 2013- Q4 02 O3 C3� �1 Q2 Q3 t��1 C71 �' Qt € th1 O1 ............ Q 2 .....__. _Q1 ._._ _ _.. _. ____.. _ _ ..� _ . _. __.:....~-_......� .. .__ ......... ,_ .. .... _ . ,j Schematic Design i 8/9/10 NTP for Design Development Design Development 12/30/10 Design Development Submittal 2/1/11 NTP for Construction Documents ConstructionDocuments Select CM/GC Contractor Pre -Construction Services Negotiate, GMP 7/26/11 NTP Materials Procurement Fall Construction Construction Winter Shutdown--/ FF&E Procurement Exhibit Design/Construction Exhibit Installation R I I F) F I" A C C) V C-1..0 R F i� 31. 2012 ORIGINAL SPENT FORECAST AT BUDGET ADJUSTED (as of COMPLETION 10/31 /2012) Construction $7,399,000 $7,899,466 $6,845,915 $7,934,766 Design & Construction Administration $1,066,720 $1,066,720 $1,020,250 $1,067,532 Professional Services $394,000 $398,000 $340,000 $398,000 ' ^� Other $310,000 $ 176 640 $106,640 $176,640 Exhibits $100,000 $100,000 $94,000 $100,000 Project Contingency $738,378 $335,101 $403,276 _ $299,289 Total Project Cost $10,008,098 $9,976,227 $8,810,081 $9,976,227 KEY PCL SUBCONTACTORS: a 10] Al<isk a, Inc. 0 BE.lt € f Alaska, hi . lLtrmori Construction, Inc. S€ udice astral Mechanical, 11C: !R ttc;rit ig e (:un .tt uc9ion, lase.. 0 Redi kllcctric, lr)C. (]rat'v€t4.,onstrtict'iE7n,1..U'. % frydIAStNA1R00fir) ,Ir1C, Arthun Painting applvingjoint compound in the Reading Area. 1,5 i T L.tI§§q¢P$$a (i 'lg3y �O� KENAI PENINSULA BOROUGH P PLANNING DEPARTMENT '\� 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX. (907) 714-2378 Toll -free within the Borough: 1-800-478-4441, Ext. 2200 3LZ www.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR November 7, 2012 Seward City Council PO Box 167 Seward, AK 99664 RE: Vacate portions of rights -of -way within the City of Seward: Poplar Street, Laurel Street, Spruce Street, Fir Street, and Willow Street dedicated by Forest Acres Subdivision (Plat SW 17), also shown on Forest Acres Boundary Survey (SW Plat 78-4); and vacate portions of associated utility sewer easements within Book 37R Page 356, sewer easement within Volume 39R Page 37, Volume 37R Page 368; easements as recorded for Lots DB,DC,DE,DF,DG, QQ & SS in utility and street easement Book 16 Page 85; and the Seward Sanatorium easements are recorded in Volume 16 Page 214; all within Sections 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2012-162; Location: City of Seward Dear Seward City Council Members: In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced vacations during their regularly scheduled meeting of November 5, 2012. This petition is being sent to you for your consideration and action. The City Council has 30 days from November 5, 2012 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. MJB;pdh Attachments Sincerely, Max J. Best Planning Director aoA 4 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669-7520 a IP '--"' ---� PHONE: (907) 714-2200 • FAX. (907) 714-2378 Toll -free within the Borough: 1-800-478-4441, Ext 2215 www.borough.kenai.ak.us November 7, 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF NOVEMBER 5, 2012 MIKE NAVARRE BOROUGH MAYOR RE: Vacate portions of rights -of -way within the City of Seward: Poplar Street, Laurel Street, Spruce Street, Fir Street, and Willow Street dedicated by Forest Acres Subdivision (Plat SW 17), also shown on Forest Acres Boundary Survey (SW Plat 784); and vacate portions of associated utility sewer easements within Book 37R Page 356, sewer easement within Volume 39R Page 37, Volume 37R Page 368; easements as recorded for Lots DB,DC,DE,DF,DG, QQ & SS in utility and street easement Book 16 Page 85; and the Seward Sanatorium easements are recorded in Volume 16 Page 214; all within Sections 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2012-162; Location: City of Seward During their regularly scheduled meeting of November 5, 2012, the Kenai Peninsula Borough Planning Commission granted approval of the proposed vacations based on the following findings of fact. Findings: 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. The rights -of -way do not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project 6. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. 7. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. 8. Most of the city -owned parcels adjoining this ROW vacation are subject to existing non - development covenants that were required by the Corps of Engineers for approval of the levee construction permits. 9. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. 10. Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. 11. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on September 10, 2012 per Resolution 2012-071. 12. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. The proposed vacations have been forwarded to the Seward City Council. The City Council has 30 days from November 5, 2012 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Borough Planning Commission will stand. a0 Please contact the Seward City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent November 7, 2012 to: Cline and Associates PO Box 2703 Seward, AK 99664 Seward City Council PO Box 167 Seward, AK 99664 City of Seward PO Box 167 Seward, AK 99664 -0 BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES YES [SHAM LOCKWOOD MARTIN RUFFNER TAURIAINEN WHITNEY 12 YES YES YES YES YES YES YES 1ABSENT AGENDA ITEM F. PUBLIC HEARINGS 4. Vacate portions of rights -of -way within the City of Seward: Poplar Street, Laurel Street, Spruce Street, Fir Street, and Willow Street dedicated by Forest Acres Subdivision (Plat SW 17), also shown on Forest Acres Boundary Survey (SW Plat 78-4); and vacate portions of associated utility sewer easements within Book 37R Page 356, sewer easement within Volume 39R Page 37, Volume 37R Page 368; easements as recorded for Lots DB,DC,DE,DF,DG, QQ & SS in utility and street easement Book 16 Page 85; and the Seward Sanatorium easements are recorded in Volume 16 Page 214; all within Sections 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2012-162; Location: City of Seward NOTE: A 100-foot ROW for Deickgraeff Road; a 50-foot public access easement along the north boundary of this subdivision; and 50-foot radius cul-de-sacs are for Laurel, Spruce, and Fir Street are being dedicated/granted by this plat. Staff Report given by Max Best PC Meeting: 11/5/12 Purpose as stated in petition: This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project. This plat consolidates multiple parcels in city ownership, dedicates ROW for the levee and road as constructed, facilitates a land swap with an adjoining land owner, and vacates unused ROW's and utility easements. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. The vacated ROW's terminate at the north boundary of the city property. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. Most of the city owned parcels adjoining this ROW vacation are subject to existing non -development covenants that were required by the Corps of Engineers for approval of the levee construction permits. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. Petitioner: James Hunt, City Manager for the City of Seward Notification: Public notice appeared in the October 25 and November 1, 2012 issues of the Seward Journal. Twenty-seven (27) certified mailings were sent to owners of property within 300 feet of the parcels. Twenty- four (24) receipts have been retumed. Eighteen (18) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Seward Post Office and Seward Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Comments Received: KPB F000dplain Administrator: This property is not subject to KPB Chapter 21.06 because it is within the City of Seward, which administers its own floodplain management program. Staff Discussion: KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 5, 2012 MEETING MINUTES PAGE 14 UNAFTEOVED a6-1 Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on September 10, 2012 per Resolution 2012-071. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. Findings: 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. The rights -of -way do not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project 6. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. 7. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. 8. Most of the city -owned parcels adjoining this ROW vacation are subject to existing non -development covenants that were required by the Corps of Engineers for approval of the levee construction permits. 9. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. 10. Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. 11. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on September 10, 2012 per Resolution 2012-071. 12. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as petitioned, subject to: 1. Submittal of a final plat in accordance with KPB Chapter 20 within one year of vacation approval. If the vacation is approved, the Seward City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. 120.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment noting no members from the public were in attendance at the meeting. Commissioner Ecklund recused herself from discussion and voting due to her being on the Seward Planning Commission and having already reviewed and voted on this item. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Lockwood grant the vacation as KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 5, 2012 MEETING MINUTES PAGE 15 UNAPME,0 ED M!1i, lJ T'. aUg petitioned subject to staff recommendations and findings. Findings 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. The rights -of -way do not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project 6. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. 7. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. 8. Most of the city -owned parcels adjoining this ROW vacation are subject to existing non -development covenants that were required by the Corps of Engineers for approval of the levee construction permits. 9. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. 10. Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. 11. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on September 10, 2012 per Resolution 2012-071. 12. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. VOTE: The motion passed by unanimous consent. BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES RECUSED YES YES ABSENT ISHAM LOCKWOOD MARTIN RUFFNER TAURIAINEN WHITNEY 11 YES YES YES YES YES YES YES 1RECUSED 1 ABSENT AGENDA ITEM F. PUBLIC HEARINGS Ordinance 2012-19-35, appropriating $50,000 from the General Fund to be granted to the City of Seldovia for completion of Seldovia's comprehensive plan The City of Seldovia has requested grant funding for the completion of a new comprehensive plan. Pursuant to AS 29.35.180 and AS 29.40.010, the Kenai Peninsula Borough (KPB) provides for planning on an area wide basis. Therefore, the comprehensive plan prepared by the City of Seldovia will ultimately be forwarded to the Borough Assembly for approval and become the comprehensive plan for that portion of the Borough within the boundaries of the City of Seldovia. A grant agreement will be entered with the City of Seldovia and the KPB planning department will provide staff support to the city for this project. According to a letter received by the KPB Planning Director dated October 4, 2012 from the Seldovia City Manager, the City of Seldovia began work on a plan in 2003, but due to a variety of factors the document was never finalized. The last Seldovia comprehensive plan to be adopted by the Borough Assembly was through KPB Ordinance 80-18. Goal 1.1, Objective 7, of the 2005 KPB Comprehensive Plan is to regularly update the Comprehensive Plan to reflect changing conditions, trends, laws, regulations and policies within the borough. The KPB has, in the past, made grant funds available to cities within the Borough for comprehensive plan development. Fulfilling this grant request will enable the City of Seldovia and the KPB to keep current with changing planning needs. KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 5, 2012 MEETING MINUTES PAGE 16 AGENDA ITEM F. PUBLIC HEARINGS 4. Vacate portions of rights -of -way within the City of Seward: Poplar Street, Laurel Street, Spruce Street, Fir Street, and Willow Street dedicated by Forest Acres Subdivision (Plat SW 17), also shown on Forest Acres Boundary Survey (SW Plat 78-4); and vacate portions of associated utility sewer easements within Book 37R Page 356, sewer easement within Volume 39R Page 37, Volume 37R Page 368; easements as recorded for Lots DB,DC,DE,DF,DG, QQ & SS in utility and street easement Book 16 Page 85; and the Seward Sanatorium easements are recorded in Volume 16 Page 214; all within Sections 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2012-162; Location: City of Seward NOTE: A 100-foot ROW for Deickgraeff Road; a 50-foot public access easement along the north boundary of this subdivision; and 50-foot radius cul-de-sacs are for Laurel, Spruce, and Fir Street are being dedicated/granted by this plat. STAFF REPORT PC Meeting: 11/5/12 Purpose as stated in petition: This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project. This plat consolidates multiple parcels in city ownership, dedicates ROW for the levee and road as constructed, facilitates a land swap with an adjoining land owner, and vacates unused ROW's and utility easements. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. The vacated ROW's terminate at the north boundary of the city property. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. Most of the city owned parcels adjoining this ROW vacation are subject to existing non -development covenants that were required by the Corps of Engineers for approval of the levee construction permits. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. Petitioner: James Hunt, City Manager for the City of Seward Notification: Public notice appeared in the October 25 and November 1, 2012 issues of the Seward Journal. Twenty-seven (27) certified mailings were sent to owners of property within 300 feet of the parcels. Twenty- four (24) receipts have been returned. Eighteen (18) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Seward Post Office and Seward Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Comments Received: KPB Floodplain Administrator: This property is not subject to KPB Chapter 21.06 because it is within the City of Seward, which administers its own floodplain management program. Staff Discussion: Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on -� 74 C 1v September 10, 2012 per Resolution 2012-071. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. Findings: 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. The rights -of -way do not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the north Forest Acres Levee and road construction project 6. The right-of-ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. 7. The parcel to the north is unsubdivided land owned by the State of Alaska, which has existing legal access by section line easements and will have additional legal access by the ROW and public access easements created by this plat. 8. Most of the city -owned parcels adjoining this ROW vacation are subject to existing non -development covenants that were required by the Corps of Engineers for approval of the levee construction permits. 9. The utility easements being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide the service access and possible future utility construction. 10. Seward Planning and Zoning Commission recommended approval of the proposed vacations and associated preliminary plat on September 4, 2012 per Resolution 2012-14. 11. Seward City Council recommended approval of the proposed vacations and associated preliminary plat on September 10, 2012 per Resolution 2012-071. 12. KPB Plat Committee granted conditional approval to the preliminary plat on October 8, 2012. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as petitioned, subject to: 1. Submittal of a final plat in accordance with KPB Chapter 20 within one year of vacation approval. If the vacation is approved, the Seward City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-431. 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'n + ^ � II _ ' � E 5 A h , �� ^' • 16 tYW -{ y- � «� f2 CO .� � Lo m a O CL ry, N O N v Nm og 4, 3y�3 t i Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES SUBDIVISION LEVEE REPLAT; CREATING FOUR (4) PARCELS; VACATING UNDEVELOPED RIGHTS -OF —WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGHTS -OF -WAY AND UTILITY EASEMENTS; LOCATED NORTH AND SOUTH OF THE NORTH FOREST ACRES LEVEE AND PREDOMINATELY WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat to be laiown as Forest Acres Subdivision, Levee Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements creating four (4) parcels totaling 54.59 acres; and WHEREAS, this platting action will dedicate additional lands to Lot B 1 as per the Settlement Agreement approved by City Council in Resolution 2012-025; and WHEREAS, this platting action will dedicate additional right-of-way for Dieckgraeff Road and ctfl-de-sac rights -of -Way for Laurel, Spruce and Fir Streets; and WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS, City staff have reviewed, commented and support the proposed Forest Acres Levee Replat; and WHEREAS, the vast majority of the area included within this replat is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 acres is zoned Rural Residential (RR); this replat does not create any non -conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot B 1 is governed by a settlement agreement signed by Council Resolution 2012-025; and WHEREAS, it is the Planning and Zoning Conunission's responsibility to act in an advisor}, - capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat .._,., proposals; and 34 QAQ CITE[ OF SEWARD, ALAS'CA RESOLUTION 2012-071. WHEREAS, the Seward Planning and Zoning Commission held a public hearing on September 4, 2012 and approved Resolution 2012-14.. recommending Council and the Kenai Peninsula Borough approve the Forest Acres Subdivision. Levee Replat; and WHEREAS, in accordance with Seward City Code Section 16..01.015 (B), no preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF TI4E CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Plwming Commission approve the vacation of all undeveloped interior rights -of -way and easements as proposed by the Forest Acres Subdivision Levee Replat. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Plaiming Comnussion approve the dedication of additional rights -of -way for Dieckgraeff Road, the cul-de-sac turnarounds for Laurel, Spruce and Fir Streets and the additional easements as proposed by the Forest Acres Levee Replat. Section 3. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Forest Acres Subdivision Replat. Section 4. This resolution shall tz&e effect thirty (3M days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by Seward Cite Council this 101" Day of September; 2012. THE CITE' OF SEWARD, A.LASKA r David Seaway , a for AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry; Seaward NOES: None ABSENT: None ABSTAIN: None ;5 a�k` CITY OF SEWARD, ALASKA RESOLUTION 2012-071 ATTEST: l'JiJ haruia irm , CMC ty Clerk (City Seal) 36 aaD"' City of Seward, Alaska City Council Minutes Septemberl0 2012 Volume 39, Page Resolution 2012-071, Recommending Kenai Peninsula Borough Approval Of The Forest Acres Subdivision Levee Replat; Creating Four (4) Parcels; Vacating Undeveloped Rights -Of -Way And Utility Easements While Dedicating New Rights -Of -Way And Utility Easements; Located South Of The North Forest Acres Levee And Predominantly Within The Resource Management Zoning District. 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 (Terry/Keil) Approve Resolution 2012-071 Long said this survey work was combined with another project in order to reap cost savings for the city. They were able to move the cable easement as well. In response to Valdatta, Long confirmed that there would be no construction on this acreage and it would remain as conservation land. Motion Passed Unanimous ,7 a;l Agenda Statement Meeting Date: September 10, 2012 TO: City Council Through: Jim Hunt, City Manager Ron Long, Assistant City Manager .From: Doanna.Glenz, Planner Agenda .Item: Resolution 2012- 011 i recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision, Levee Rep.lat BACKGROUND & JI STIFICATION. Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the Cite of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Conunission for approval without the prior consent of the City Council." Cline and Associates was hired to survey and establish the boundary of the new Lot B-1 as defined by the Settlement Agreement approved by City Council Resolution 2012-025 and to .re-establish and combine areas affected by themew North Forest Acres Levee project. This replat contains an area totaling approximately 54.59 acres and is located abutting the -North. Forest Acres Levee. This platting action vacates all interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements. The replat also dedicate additional lands to Lot B 1 as per the Settlement Agreement approved by City Council in Resolution 2012-025, dedicates a 100 foot Right - of -Way for the new North Forest Acres Levee and DiecicgraeffRoad, cul-de-sac Rights -of -Way for Laurel, Spruce and Fir Streets, and provide easements for existing and planned utilities. SUBDIVLSIGN RE, VIE, w. Zoning: This replat contains Three (3) zoning districts. The vast majority of the area is currently zoned Resource Management (RN1); approximately 1 acre is zoned Single Family (R1) and just tinder 2 acres is zoned Rural Residential (RR). Once the platting action has 'been completed and recorded the Community Development Staff intends to bring a rezone reconzniendation before the Planning and Zoning Commission and the Council to "clean-up" the small areas of Rural Residential and Single Family Zoning. This replat does not create any non-co.nforn-ling lots or structures. Utilities: There are no public utilities available to these parcels. The proposed platting action provides utility easements for all existing utilities and planned utilities. Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot B l is governed by a settlement agreement signed by Council Resolution 2012-025. Therefore no subdivision agreement is required. ��A 38 Existing Uses: The new Forest Acres Levee« -as built running East and West through a portion of the current parcels. The levee contains the new drive surface of Dieckgraeff Road which provides direct access from the Seward Highway to the Kenai Peninsula Borough Transier Station and other conirnercial holdings. Flood Zone: Most of this area is located within a Special Flood Hazard Area. INTENT: To establ..ish the boundary of the new Lot B-1 as defined by the Settlement Agreement approved by City Council Resolution 2012-025 and to re-establish and combine areas affected by the new North Forest Acres Levee project CONSISTENCY CHECKLIST: Yes No I 1 N/A prehensiveflanral Hazards:alue T a safe community and a feeling of security. � 1 3.8.1. (page 28) Protect citizens from natural hazards by using appropriate 1 Land use policies and regulations- 1 i ! i 3.8.1.2 (page 28) (Bullets 2) Use potentially hazardous public lands for i low risk uses such as open space, wildlife and bird habitat protection, ' j and recreation activities (document source here): Strategic Plan: Mlitig_ate Flood H zards 2. i Secw:e finding to implement the comprehensive flood mitigation plan for X the Resurrection River and Japanese Creek j f All Hazard Mitigation Plata (April 2010): The North Forest Acres Levee area is noted In the All Hazard Mitigation 1 3. Plan in many places as a potential hazard area for flood immdation hazard ; X area. The plan recommends the Levee and as an open safety zone. FISCAL NOTE: Costs for surveying were $8,900.00 from 666-6664-5390, Levee Project fund and 101.-1150-5390 Community Development Contracted Services Budget. Engineering fees for State of Alaska Department of Transportation Seward Highway driveway access permit S3,500.00 from. 666-6664- 5390-0000-00000-000, Levee Project fund r Approved by .Finance Department: ATTORNEY RE VIEW: Yes No RECOMMENDATION: Approve Resolution 2012-OIA� recommending Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat. tq Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-14 A RESOLUTION OF THE PLANNING AND ZONING COMMIS , OF THE CITY OF SEWARD, ALASKA RECOMMENDING CI IL AND KENAI PENINSULA BOROUGH APPROVAL OF ACRES SUBDIVISION LEVEE REPLAT; CREATING FOUR ( ARCE VACATING UNDEVELOPED RIGHTS -OF —WA IL EASEMENTS WHILE DEDICATING NEW RI S- UTILITY EASEMENTS; LOCATED NORTH �1ORTH FOREST ACRES LEVEE AND PREDO THE RESOURCE MANAGEMENT ZONING DISTRIC , WHEREAS, administration hired C preliminary plat of the City owned and one Forest Acers Levee; and & WHEREAS, Cline and Acres Subdivision, Levee Repl WHEREAS, this and undeveloped provide and Surveyors to prepare a parcels lying south of the North preliminary plat to be known as Forest ate interior lot lines, undeveloped Rights -of -Way, (4) parcels totaling 54.59 acres; and dedicate additional lands to Lot 131 as per the in Resolution 2012-025; and action will also dedicate additional Rights -of -way for Dieckgraeff for Laurel, Spruce and Fir Streets and the additional easements S, Cline and Associates has worked diligently with City staff to protect and for existing and planned utilities throughout the replat area; and WHEREAS, City staff have reviewed, commented and support the proposed Forest Acres Levee Replat; and WHEREAS, the vast majority of the area included within this replat is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 11 Seward Planning and Zoning Commission Resolution 2012-14 Page 2 of 3 acres is zoned Rural Residential (RR); this replat does not create any non -conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre arcel and Lot Blis governed by a settlement agreement signed by Council Resolution 2012-02 '., , d WHEREAS, it is the Planning and Zoning Commission's respon capacity to the Seward City Council and the Kenai Peninsula Borough proposals; and WHEREAS, as required by Seward City Code § 16.01.0 property owners within 300 feet of the requested replat were gitr and the property was posted with public notice signage. IIL NOW, T Commission that: Section 1. The Commission 16.01.015 (B), the City Council appi Peninsula Borough for approva Section 2. ' undeveloped Right Forest Acres advisory lion plat 'fitapproval, subdivision, and Zoning grdance with Seward City Code Section Forest Acres Levee Replat to the Kenai :commends the City Council approve the vacation of all as proposed by the Forest Acres Levee Replat. further recommends the City Council approve the dedication of raeffRoad, the cul-de-sac turnarounds for Laurel, Spruce and Fir as proposed by the Forest Acres Levee Replat. The Commission further recommends Kenai Peninsula Borough approval of the Replat. Section 5. This resolution shall take effect immediately upon its adoption. Xa� it Seward Planning and Zoning Commission Resolution 2012-14 Page 3 of 3 PASSED AND APPROVED by the Seward Planning and Zoning Co ssion this e day of September 2012. AYES NOES Morgan, McClure, Butts, None Johanna Kinney, City qWL THE C= OF t 32 City of Seward, Alaska September A, 2012 Planning Commission Minutes Volume G Page 505 Resolution 2012-14 of the Seward Planning and Zoning Commission of the City of Seward, Alaska recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat, creating four (4) parcels; vacating undeveloped rights -of -way and utility easements while dedicating new rights -of -way and utility easements; located north and south of the North Forest Acres Levee and predominately within the Resource Management Zoning District Glenz noted the replat had been prepared by Nick Cline of Cline & Associates and identified the location of the included parcels. Glenz explained the details of the replat, including proposed easements. Once completed, City staff would bring forward any required rezone actions, Glenz stated. Some members of the public had asked for clarification of lot lines and the nature of the easements being granted. All of those questions were answered, Glenz said. Roach' asked administration if an amendment might be added to better describe the replat location noted in the resolution. Glenz said it would be helpful to include north and south as part of the location. Commissioners asked Administration to explain the history of the replat and the negotiations that took place. Glenz explained the history and referred to the maps on the wall to indicate what portions of land were included. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Surveyor Nick Cline stated his support for the replat and said he would be available to answer any technical questions regarding the platting. Motion (Butts/Ecklund) Approve Resolution 2012-14 Motion (Morgan/Ecklund) Amend Ordinance 2012-12, adding "north and," to the location description to read "Resolution 2012-14 of the Seward Planning and Zoning Commission of the City of Seward, Alaska recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat, creating four (4) parcels; vacating undeveloped rights -of -way and utility easements while dedicating new 13 M City of Seward, Alaska Planning Commission Minutes September ¢, 2012 Yolume 6, Page 506 Motion Passed rights -of -way and utility easements; located north and south of the North Forest Acres Levee and predominately within the Resource Management Zoning District." Unanimous Main Motion Passed, as Amended Unanimous a3O i4 P&Z Agenda Statement Meeting Date: September 4, 2012 To: Planning and Zoning Commission Through Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2012-14 recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to City Council and the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." Cline and Associates was hired to survey and establish the boundary of the new Lot B-1 as defined by the Settlement Agreement approved by City Council Resolution 2012-025 and to re- establish and combine areas affected by the new North Forest Acres Levee project. This replat contains an area totaling approximately 54.59 acres and is located abutting the North Forest Acres Levee. This platting action vacates all interior lot lines, undeveloped Rights -of - Way and undeveloped utility easements. The replat also dedicate additional lands to Lot B 1 as per the Settlement Agreement approved by City Council in Resolution 2012-025, dedicates a 100 foot Right -of -Way for the new North Forest Acres Levee and Dieckgraeff Road, cul-de-sac Rights -of -Way for Laurel, Spruce and Fir Streets, and provide easements for existing and planned utilities. SUBDIVISION REVIEW: Zonine: This replat contains Three (3) zoning districts. The vast majority of the area is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (RI) and just under 2 acres is zoned Rural Residential (RR). Once the platting action has been completed and recorded the Community Development Staff intends to bring a rezone recommendation before the Planning and Zoning Commission and the Council to "clean-up" the small areas of Rural Residential and Single Family Zoning. This replat does not create any non -conforming lots or structures. al, I_1; Seward Planning and Zoning Commission Agenda Statement — Resolution 2012-14 Page 2 of 3 Utilities: There are no public utilities available to these parcels. The proposed platting action provides utility easements for all existing utilities and planned utilities. Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot B 1 is governed by a settlement agreement signed by Council Resolution 2012-025. Existing Uses: The new Forest Acres Levee was built running East and West through a portion of the current parcels. The levee contains the new drive surface of Dieckgraeff Road which provides direct access from the Seward Highway to the Kenai Peninsula Borough Transfer Station and other commercial holdings. Flood Zone: Most of this area is located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X _ Natural Hazards: We value a safe community and a feeling of security. 3.8.1. (page 28) Protect citizens from natural hazards by using appropriate land use policies and regulations.. 3.8.1.2 (page 28) (Bullets 2) Use potentially hazardous public lands for low risk uses such as open space, wildlife and bird habitat protection, and recreation activities. 2. Strategic Plan (1999) X _ Mitigate Flood Hazards Secure funding to implement the comprehensive flood mitigation plan for the Resurrection River and Japanese Creek 3. All Hazard Mitigation Plan (April 2010) X The North Forest Acres Levee area is noted in the All Hazard Mitigation Plan in many places as a potential hazard area for flood inundation hazard area. The plan recommends the Levee and as an open safety zone. Staff Comments: All staff and administration concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received three 16 �� Seward Planning and Zoning Commission Agenda Statement — Resolution 2012-14 Page 3 of 3 public inquiries. One voiced disapproval of the naming of Dieckgraeff Road and requested that other areas outside of this replat be included. Staff explained the naming process of Dieckgraeff Road and that areas outside of the replat could not be included at this time. Both other inquiries needed explanation of the interior lot line vacations and the dedication of the utility easements. Both were satisfied with the information provided. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the Commission meeting. RECOMNMNDATION: Approve Planning and Zoning Resolution 2012-14 recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat. 17 aE3 38 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 Toll free within the Borough 1-800-478-4441, extension 2200 (907) 714-2200 Petition to Vacate Public Right-of-Way/Section Line Easement Public Hearing Required Upon receipt of complete application with fees and all required attachments a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. X Fees - $300 non-refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to vacation fees. X City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. X Name of public right-of-way proposed to be vacated are portions of: POPLAR STREET, LAUREL STREET, SPRUCE STREET, FIR STREET AND WILLOW STREET; dedicated by plat of FOREST ACRES SUBDIVISION, filed as Plat Numbers 17 and 78-4 in Seward Recording District. X Are there associated utility easements to be vacated? X Yes No EASEMENTS BEING VACATED: SEWER EASEMENT BOOK 37R PAGE 356 SEWER EASEMENT VOLUME 39R PAGE 37 SEWER EASEMENT VOLUME 37R PAGE 368 UTILITY EASEMENTS VOLUME 16, PAGE 214 STREET AND UTILITY EASEMENT BOOK 16, PAGE 85 X Are easements in use by any utility company; if so which? PORTIONS OF THE EASMENT CONTAIN A PUBLIC SEWER LINE, OPERATED BY SEWARD D.O.P.W. ADDITIONAL EASEMENTS ARE BEING DEDICATED BY THIS PLAT TO CONTAIN THE EXISTING SEWER N/A Easement for public road or right-of-way as set out in (specify type of document) as recorded in Book Page of the Recording District. (Copy of recorded document must be submitted with petition) N/A Section Line Easement. Width of easement must be shown on sketch. X Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size. In the case of public right-of-way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. Has right-of-way been fully or partially constructed? Yes No X Is right-of-way used by vehicles/pedestrians/other? Yes No X Has section line easement been constructed? Yes N/A No Is section line easement being used? Yes N/A No Is alternative right-of-way being provided? Yes X No A 100' R.O.W. FOR DEICKGRAEFF ROAD AND A 50' PUBLIC ACCESS EASMENT ALONG THE NORTH BOUNDARY OF THIS SUBDIVISION ARE BEING DEDICATED/GRANTED BY THIS PLAT. KPB Ste? 17 7a12 a3� The petitioner must provide reasonable justification for the vacation. Reason for vacating: This vacation request is being submitted in conjunction with a replat being undertaken by the City of Seward in order to finalize the North Forest Acres Levee and Road construction project. This plat consolidates multiple parcels in City ownership, dedicates R.O.W. for the levee and road as constructed, facilitates a land swap with an adjoining land owner, and vacates unused R.O.W.s and utility easements. The right of ways being vacated have not been constructed and are partially within the Resurrection River Floodway and a Zone A flood hazard area. The vacated R.O.W.s terminate at the north boundary of the City property. The parcel to the north is unsubdivided land owned by the State of Alaska, it has existing legal access by section line easements and will have additional legal access by the R.O.W. and public access easements created by this plat. Most of the city owned parcels adjoining this R.O.W. vacation are subject to exisiing non -development covenents that were required by the Corps of Engineers for approval of the'levee construction permits. The utility easments being vacated in conjunction with this application are being replaced with easements that contain the existing utility as constructed and provide for service access and possible future utility construction. The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of right-ofway or section line easement proposed to be vacated. Each must include mailing address and legal description of his/her property. Submitted by: Si afore E As: Representative lm Name: Wm. Nicholas Cline L.S. Cline and Associates Address: P.O. Box 2703 Seward, AK 99664 Phone: 907-224-7324 Sign Name: James H , City Manager City of Seward Address: P.O. Box 167 Seward, AK 99664 Owner of: LOTS: DB,DC,DE,DF,DG,SS,QQ TRACTS: 1,2,3,4 & 5 (EXCEPTING R.O.W. DEED BOOK 121, PAGE 485) FOREST ACRES SUBDIVISION, PLAT 78-4 LOT RR, FOREST ACRES SUBDIVISION, PLAT 17 H November 2012 November 2012 December 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 4 5 6 7 8 910 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Oct 29 30 31 Nov 1 2 7:00pm Fish & Game F N 0 z rn N v 0 5 6 7 8 9 6:00pm CC Budget WS General Election 12:00pm PACAB Mtg 7:00pm P&Z Mtg 6:00pm CC Budget WS 6:00pm CC Budget WS �+ 9:00pm CC Spc Mtg; Fi u, 0 z 12 13 14 15 16 N '-I O z 19 20 21 22 23 6:00pm HP WS rn rn 0 z 26 27 28 29 30 6:00pm TYC Council M 6:30pm HP Work Sessi 7:00pm CC Mtg N O z Nanci Richey 1 11/20/2012 2:21 PM 0 Decembe-Th F January WeTh3 December 2012 SuMo TuWe Fr Sa SuMo TuFr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9101112 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 Monday Tuesday Wednesday Thursday Friday Dec 3 4 5 6 7 7:00pm P&Z Mtg 12:00pm PACAB Mtg 6:30pm HP MTG n m v it 12 13 14 6:OOpm CC WS 7:OOpm CC Mtg 0 17 18 19 20 21 6:00pm HP WS N n '-1 v 24 25 26 27 28 00 N V N G1 31 Jan 1,13 2 3 4 v m Nanci Richey 1 11/20/2012 2:21 PM a1-� January 2013 January 2013 February 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 Monday Tuesday Wednesday Thursday Friday Dec 31 Jan 1, 13 2 3 4 12:00pm PACAB Mtg 7:00pm P&Z Mtg 6:30pm HP MTG c rn m v 7 8 9 10 11 c 15 16 17 18 7:00pm CC Mtg 6:00pm P&Z WS 6:00pm HP WS 00 v c 21 22 23 24 25 6:00pm Prevention Co; 7:00pm Prevention Co; Ln rN N 29 30 31 Feb 1 7:00pm CC Mtg Q) v LL 00 N N Nanci Richey 1 11/20/2012 2:21 PM a-�2