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Home My WebLink About04232007 City Council Packet The City of Seward, Alaska Monday, April 23, 2007 Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta Council Member Term Expires 2007 Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Tern1 Expires 2007 Jean Bardarson Council Member Term Expires 2008 Linda Amberg Council Member Term Expires 2008 Marvin Yoder Interim City Manager Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney City Council Meeting 7:30 p.m. Council Chambers 1. 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Proclamation awarded to Melissa Witzler-Stone for her appointment as Behavioral Health Director for the state of Alaska............................................... ...Pg 4 2. Proclamation for Historic Preservation Month..... .Pg 5 3. Proclamation awarded to Brian Hutchinson, Spring Creek Correctional Center Employee of the Year. Pg 6 4. The big read - Library................................ .Pg 7 5. Proclamation for Super Saturday Clean Up Day Saturday, May 5....... .... ..... .... ..... ... ......... ....Pg 8 6. Proclamation for Terry's Tires Bike Rodeo Day Saturday, May 12.......................................Pg 9 7. Proclamation welcoming participants of the state American Legion Convention................... .....Pg 10 B. Borough Assembly Report C. City Manager's Report D. Chamber of Commerce Report E. Seward Planning and Zoning Commission Report F. Mayor's Report on Trip to Juneau City of Seward, Alaska April 23, 2007 Council Agenda Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring a Public Hearing 1. Resolution 2007-032. Confirming The Special Assessment Roll Of The Afognak Acres Electric Improvement District And Providing For The Levy, Payment Terms, And Penalties Of The Special Assessment District............................. ...Pg 11 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions 1. Resolution 2007-037, Authorizing The Negotiation For The Conveyance Of Block 6 Also Described As: TlS, RI W, Section 10 Seward Meridian SW 0000004 Original Townsite Of Seward Federal Addition (School Reserve) Block 6 To The State Of Alaska Department Of Labor Alaska Vocational Technical Center (A VTEC) For Educational Facilities................................... ...Pg 18 2. Resolution 2007-038, Recommending Kenai Peninsula Borough Approval Of The Vacation Of"B" Street Between First Avenue And Second Avenue.. ..Pg 32 * 3. Resolution 2007-039, Supporting The Qutekcak Native Tribe Federal Recognition Efforts. . . . . .. . .. . .. . .. . .. . .. . ... .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . . . . . . .. . .. . . . . . . . . . . ..Pg 44 * 4. Resolution 2007-040, Authorizing Change Order #6 To The Contract With Wm. 1. Nelson And Associates For Engineering And Consulting Services On The Japanese Creek Levee, And Appropriating Funds............................. ..Pg 47 5. Resolution 2007-041, Authorizing The City Manager To Pursue Environmental Permits For The "2007 Red Line" Alignment For The North Forest Acres Levee/Road Project, And To Pursue Property Acquisition. . ...... .. ... . ... ... .Pg 56 * 6. Resolution 2007-042, Amending Resolution 97-003 To Provide For A Waiver Of Land Management, Sign And Platting Fees For City Of Seward Departments. . .. . .. . .. . .. . .. .. .. .. . .. . .. . . . . .. . . . . . . . .. . . . . .. . . . . . . . .. . . . . .. . .. . . . . . . . . Pg 66 *7. Resolution 2007-043, Opposing HB 193 Which Seeks To Change The Composition Of The Alaska Police Standards Council. . ., . .. . . . . .. . ., . . . . . . . . .Pg 70 8. Resolution 2007-044, Approving A Contract With Colaska Incorporated, Dba Quality Asphalt Paving, Utilizing The State Of Alaska Competitive Bid Process, For Paving Various Sections Of City Streets, And Appropriating Funds In An Amount NTE $936,500........................................................... ..Pg 72 City of Seward. Alaska April 23, 2007 Council Agenda Page 2 B. Other New Business Items *1. Approval of the April 9, 2007 regular city council meeting minutes..... ..Pg 80 *2. Non-Objection for the liquor license renewal for the following businesses: American Legion Post #5, Apollo Restaurant, Christo's Palace, The Crab Pot Restaurant, Oaken Keg #2728, Ray's Waterfront & Grill, Tony's Bar, and Tony's Liquor Store....................................................................... .Pg 86 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. September 30, 2006 financial report for SAAMS. ............................ ...Pg 93 B. Thank you letter addressed to the city of Seward by The Alaska Community Foundation for our donation to the Alaska Meth Education Project Fund.. .Pg 106 C. Hospital Financial Reports from December of 2006 through March of 2007................................................................................... .Pg 107 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.} 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSION A. Go Into Executive Session To Discuss Information About the Forest Acres Levee That May Have A Negative Impact On The Finances Of The City. 15. ADJOURNMENT City of Seward, Alaska April 23, 2007 Council Agenda Page 3 ~ mfl'JjllJllUflUr1lJnUnI Iii JriUl1J1UilLIflunu11Ur1J nLfnlJ11JrnIlUllUg 2 ~ 2 PROCLAMA TION 9 E ~' ~ ~ : -~ I Month v;;,'::m~;'::;'h~':!; ;;:;~~'::;:~; ",,'e4 the Employee of the ~~ 1 ~ ~ r L WHEREAS, ffom the twelve Employees of the MOl7th the Employee =:J " "I h'ist,nce PmgKlm oelede4 Officer Br/'n Hutchl,on" the" 2007 Employee of the I: ~ ~~ ~ ~.I: -JI WHEREAS, Btiqt} wotks it} the Youth offel7c/er Ptogrqm with q cqlm qt}c/ rr: _.--"..J: pJ pqt/ent c/emeqnor; qnc/ !~ WHEREAS, Hutch"on I' cile4 hy hi' pee" " o"pedfu! hwmnc, ~. ':1 'll~: camNN"n,te, pw;;'Noml ,n4, gre,t =mple to new ""I experimce4 ,tqft qn4 ~ ~: i WHEREAS, Officer Hutch/sons c/eqfCqtiol7 to the Youth offenc/er Ptogrqm I~_J I!c ~: qn41v the Delwtment of Conedlon' l>commen4,blC4n44eome> recognitlw" qn4 :, 'I I."~I WHEREAS, Hutchison will he honore4 qt q luncheon ,t noon on hi4,y, M,y ~:,I ~: J 1 18, 2oo7,tthe Pdi ng Rest,ue,nt 10, thi' gre,t ,ch,evemen/. 1 ~ !I_l, NOW THEREFORE, I, Vqntq shqfer, MCJYot of the Oty ofSewCJrd AICJsh c/o i ~~ ~ :;;:::;pll;~:;;;:: CJnc/ congrCJtulCJte Officer Bt/4n Hutchison 017 thiS fine ; ~ 1~1 I~ II . ; SPRING CREEK CORREcnONAL CENTER ~ I~-J: EMPLOYEE OF THE YEAR FOR 2007 15] Ic:'l D,te4th,"8'4'yofApn!,2oo7 :~-:I ~.. ~ ~ i THE CITY OF SEWARP- AL.A51<A ~I ~ $ ~ ~ Sl Vqntq shqfet, Mqyor ;?~ I~ S=:J ~--::J II ~ ~ uiB lw I !11LlnlJn1JJ1LrlUJ1LJnlJnlJnLJnlJllln Jn111UnlJnl~Fful1UrLlruTIUnUnUJ III ". ~ PROCLAMATION WHEREAS, The Big Read is a new national program by the NEA, in partnership with the Institute of Museum and Library Services (IMLS) and Arts Midwest, that encourages literary reading by asking communities to come together to read and discuss one book.; and WHEREAS, The Big Read objectives include revitalizing the role of literature in American society and encouraging Americans, young and old, to read for pleasure and enlightenment; and WHEREAS, The Kachemak Bay Campus of Kenai Peninsula College was one of 72 organizations selected by the National Endowment for the Arts and Arts Midwest to receive a $ 9,000 grant and grants from The Homer Foundation and Kellogg Foundation to sponsor The Big Read; and WHEREAS, the book selected as the Kenai Peninsula's Big Read is The Jov Luck Club by Amy Tan; and WHEREAS, Seward Community Library joins with the Pratt Museum, Homer Public Library, Bunnell Street Gallery, Pier One Theater, Kachemak Bay Campus English literature and Adult Basic Education classes, Kenai Community Library and Kenai Peninsula School District Flex and Connections High Schools in planning local events for the Big Read centered around the themes of the Jov Luck Club; and WHEREAS, The Big Read program has provided copies of the Jov Luck Club for distribution throughout Seward and can be found in local establishments throughout town; and WHEREAS, Seward Big Read events include local book clubs reading and discussing The Jov Luck Club. Seward Community Library Classic Book Club discussion on May 9 and a community wide Joy Luck Club Party on May 25; and WHEREAS, Holland America Community Advisory Board has donated a bus trip to Homer for Seward's Big Read participants so they may attend Amy Tan's reading and discussion of her work on June 9. NOW THEREFORE, L Vanta Shafer, Mayor of the City of Seward, Alaska. do hereby proclaim May 2007 as Big Read Month in Seward Dated this 23rd day of April,2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor ~ ~ II "1 II I Whereas, the Seward Police Department will again host their Open House to provide youth ~ . i and adults an opportunity to meet and greet peace officers in an informal setting and enjoy f I ! a hot dog; and ~~ ~ I ~~ g 1 M~ 'I I.; I ~: I ,. f::~ ,-i,fi~H1\':t~t~(~f~~~~~&1~g:t~~~Jl~i~~~~~:~f~~A~,~?;li;A~ . """"""A''''_.'','''","""''j~''''U"",,,,,,,,,,,,,,,,,,.,'.'',(\>j'L,,,,.;_~.:',"Th:~''''""'k"'''''''''._~-",', ,,,,,,,,,_o~,,,,,,,,,~,,",,. .,_,.'~.'.'b",,,^"" i I PROCLAMATION it i ,~;~ ,! Whereas, the City of Seward Parks and Recreation Department organizes a youth safety, ~ :ifu ! Bike Rodeo each spring; and , i I Whereas, through the partnerships of key agencies: Terry's Tires and Lube, Providence ; Seward Medical Center, Seward Police Department, Seward Bike Shop, Boy Scouts of America, Stylin' Stitches, SeaView Community Services, Seward Fire Department and Alaska Safe Kids, this event includes professional support and the promise of cool bike prizes for the first 75 participants; and Whereas, kids can purchase a brand new, youth-size helmet for only $5 or an adult-size helmet for only $10; and :\ Whereas, the following stations will be hosted for kids and their bikes: bike maintenance I check; safety education; bike registration; helmet fitting; free bike safety prizes; Kid ID & i fingerprinting and the favorite, the obstacle course; and J Whereas, we expect to serve over 100 kids and impact their safety habits in the future. I Now Therefore, I, Vanta Shafer, Mayor of the City of Seward, Alaska do hereby proclaim , ! Saturday, May 12, 2007 to be "Terry's Tires Bike Rodeo Day" in the City of Seward, and I urge all citizens to participate in the Police Department Open House and Bike Rodeo at City Hall. Dated this 23rd day of April, 2007 The City of Seward, Alaska Vanta Shafer, Mayor City of Seward, Alaska ~''''''''"''~'''';;''''''''<-'''''''''''.''''''_'_'.'=''''.''"'",,,.,.-,"'" . ,'""".",",'..',.:'.....'~"",_.,,, >''-''''-''-'' '~:::H ~.~}:;' !i1~ "~",:''''':I ?,:":':": , ,,;.,... ,;"q; I 'i?~"'b ...~~, \\:f~~~ ~~j.; \f#Q.f..t.'!'!' ''!;/(:'-'' ,1~~~.1 (f:'::::,~'''', \~i\~i ~ff~.., (iff! f~{~~. \\~,..' m. .. ~.:.;r(. ~. /~~." J.~~7?" ll~t~\i i~~? lf~; ~{{~l 1''''';.t''0:~.. 'tifl/: . ~, .:..;.\\-,-,:: ,"''"''','. I.'~';:'''~;'~'\: ; .~"'~::~~>-.I' ~~""" "C.~" . \''''':.~~ ~~:;~ .' 10';;";:. Ii'"........ ,,,.;~ ! ~;;~; ; \IIF..,,~ ~7.:~' '~. j."....\~,.. au,.... .,. ~I::::::.;;::;,~ \0~~.: :~~:..I.' }.\~,,-::. ':~~~ .." J';{tff ft~~, \,..~q~ "$'I!."~' ~",f';.,~:,~. '.... .~.. "':(!.~:;'" ;g;\.> {I:,~~~'-. . ::~y~~ ~~: :*:' ~\~~~'::};~(~....I /;.;; ;;.:, l.;;~:::~ ~~-;;', '.~~~:i;;7 .?;;!-: PROCLAMATION WHEREAS, April 26 - 28, 2007 marks the 8RIIl Annual Convention 01' the American Legion, Department of Alaska; and 'WHEREAS, national, state, and local members of the American Lcgiun, the Sons of the American Legion, the American Legion Auxiliary, and the AIl1(:rican Legioll Junior Auxiliary will gather for a three day conference at Seward's own Post:) American Legiun: and WHEREAS, I would like to personally welcome each uf these m,:mbers tu Seward, including American Legion National Commander Paul Morin, Dcpartm<:i1t Commander Gary Smart, National Executive Committeeman Jim Van Horn. Sons of the American Legion National Commander Earl Ruttkofsky, Detachment Commander Gary Rieth, American Legion Auxiliary National President JoAnn Cronin, Department Prcsidcnt Jill Pawson, and American Legion Junior Auxiliary Honorary President Jennie Merritt; and "VHEREAS, sincere appreciation is expressed to Post 5 Commander John Moline, the members of Seward's Post 5, and volunteers for their hard work and tren1l'nduus dedication in preparing tu host this event; and WHEREAS, the American Legion is the veterans largest service urganil.ation dedicated to upholding the Constitution of the United States and Patriotism in cummunities throughout America. The American Legion shows support for all branches of the military and strives for the well being of veterans and provides assistance to thosc in need: and 'WHEREAS, the Seward American Legion participates in events and services that contribute to the betterment of our community, state, and country such as American Lxgiun BasebalL Boys and Girls State, providing scholarships to help further education, decorating the Veteran's Cemetery on Mcmorial Day, the annual nag burning ccremony, Toys for Tots, various parades, and much more: and WHEREAS, Seward is grateful for their American Legion Post ." and the openhandcd services they provide veterans and citizens alikc; and WHEREAS, the City of Seward is honored to have such esteemed guests m our community, ane! wish the American Legion a successful and productive convention_ NOW THEREFORE I, Vanta Sharer, Mayor of the City uf Seward, do hcrcby welcome members of the American Legion Family to Seward and commend all melnbers for the great scrvice they provide to this country. '//;";'". :!~;!~ I ,;:2l; :~~~~. '....'~-7 :::",W' i ,";.,,~ A"";'':'" I ':l:::~::" .~'0::'~fi;\ ':;~:;,.:~ .;", '/'-J ~~{r:@ -;c>' ""\) . ::~: :.~;~ ;./ ,: ~~..~ ~\1'..'" .1 ... ',,- ~...~\$' '1 .,,,...."',. ,',-\," ;~)!~;~ '~~~~: :~:~,j ;;,; ,;;h ..,,,.,,~ ;i:~ ~:~~:l 1.."<.~~v;::;'!>""1 .,,,,,~ ..~~.., -,~:,\~~';' >t;;;"~\ ;y'.i.~'~.;.?) I.~tt; ~~~~ \..... ''''''~II ~~t~~ 1-' il :;~~;.,\ I' -,.-' .,,"~\ .-,'. '\~~}i}fn j"1 ~"~,,'.~ri~ I..... . .::;~; :~~~ ;.. . .,,"'...... ~"'~'I!.'./ ~~~~., Dated this 2,)rd day of April, 2007. Vanta Shafer, Mayor Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONFIRMING THE SPECIAL ASSESSMENT ROLL OF THE AFOGNAK ACRES ELECTRIC IMPROVEMENT DISTRICT, AND PROVIDING FOR THE LEVY, PAYMENT TERMS, AND PENALTIES OF THE SPECIAL ASSESSMENT DISTRCT WHEREAS, following a public hearing held on September 12, 2005, the Seward City Council authorized the construction of electrical improvements described as the Afognak Acres Electrical Improvement District; and WHEREAS, a special assessment district was created and will apportion the total cost of the improvements equally among the 24 properties to benefit from the improvements; and WHEREAS, Resolution 2005-78 authorized and appropriated $111,973.32 as the estimated costs of the improvements; and WHEREAS, the total costs of the improvements came in at $103,820.87, below the estimated costs, and when apportioned among the 24 properties, results in total assessments to each property of$4,325.87; and WHEREAS, after conducting a public hearing, the Seward City Council hereby finds that the method of apportioning costs as attached hereto, is fair, and hereby establishes the Special Assessment Roll as attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1~ The Special Assessment Roll for the Improvement District known as the Afognak Acres Electrical Improvement District, a copy of which is attached hereto and incorporated herein by reference, is hereby approved and confirmed. Section 2. Assessments are hereby levied against the properties set forth in the Special Assessment Roll in the amounts listed opposite each property listed in said roll. Section 3~ Installment payments are hereby declared acceptable, with payments required pursuant to the following schedule: 11 CITY OF SEWARD RESOLUTION 2007-032 Annual Payment Date: Rate of Interest: July 1 Deferred or installment payments of special assessments shall bear interest at an annualized rate of the lesser of (1) the prime rate plus 2%, as the prime rate is published in the Wall Street Journal's Consumer Money Rates for the date the resolution confirming the special assessment roll is adopted; or (2) 15 percent (15%). Maximum Annual Installments: 10 Penalty for Late Payment: 12% Section 4. This resolution shall be effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ] ean Lewis City Clerk, CMC (City Seal) 12 Council Agenda Statement Through: Marvin Yoder, Interim City Manager From: April 23, 2007 Kristin Erchinger, Finance Director tJVv Meeting Date: Agenda Item: Assessment Roll for Afognak Acres Electric Improvement District BACKGROUND & JUSTIFICATION: In January, 2005, the City of Seward received a request from Steve Schafer, Secretary of Afognak Construction and Excavation, Inc., to extend electrical services to Afognak Acres. The electric department provided cost estimates -- including contingency for unforeseen expenditures -- to provide service to the area. The estimated cost was $111,973.32, to be divided among twenty four (24) parcels. Resolution 2005-78 was approved by the Seward City Council on September 12,2005. This Resolution authorized creation of a special improvement district for the following lots: Lots CA, CB, CS, CT, CU, CV, CW, CX, CY, CZ of Forest Acres Subdivision shown on Plat 78-6, and Lots 1 through 14 of Afognak Acres Subdivision No.1. The project was completed at a total cost of$1 03,820.87, coming in $8,152.45 under the original cost estimate. These costs will now be assessed to the property owners benefiting from the improvements, upon approval of the assessment roll by the City Council. With a total of twenty four properties being assessed, assessments will be $4,325.87 per lot. Attached is the assessment roll for the Afognak Acres Electric Improvement District containing property descriptions, names of owners of record, and assessment amounts. Seward City Code 5.20.035 states that "the costs of an improvement shall be the actual costs of the improvement, including acquisition of interests in land for the improvement, design, engineering, administration, overhead, professional services, guarantee fund, bond costs, and interests accrued as a result ofthe improvement and all other costs resulting from the construction ofthe improvement." The backup documentation supporting the costs of the improvement district is available in the finance department. A public hearing has been scheduled for the April 9, 2007 Council meeting to allow the affected property owners an opportunity to comment on the method used to apportion costs of the improvement district. In this case, properties are being equally assessed for the total cost of the improvements. Following the public hearing, Council shall determine the assessment roll. The resolution shall provide for the levy, repayment terms including interest rate, and proposed penalties for late payment. No payment shall be required within sixty days after the resolution. Deferred or installment payments shall bear such interest as the City Code may prescribe in the resolution. It should be noted that per sce 5.20.092, if an assessment installation payment is delinquent for more than six months after the due 13 RESOLUTION 2007-032 Page Two date, the entire principal balance ofthe assessment, plus accrued interest and penalty on the principal balance, shall be immediately due and payable. In the event the balance remains unpaid, the property then becomes subject to foreclosure by the City. The administration recommends that the interest rate be set at 2% above the prime rate as quoted in the Wallstreet Journal Consumer Money Rates section, on the day Council approves the assessment roll. As of January April 1, the prime rate was 8.25%. The maximum rate allowed by State law for real property taxes is 15%, per AS 29.45.250. The administration recommends that the interest rate for special assessments not exceed the maximum rate allowed for property taxes. The administration further recommends that the penalty rate be set at 12% which is the same rate used by the Kenai Peninsula Borough for delinquent payment of property taxes, and the same rate used for the City's other special assessment districts. It is also recommended that individuals desiring to finance their assessments, be allowed to finance them over ten years, with annual installment payments beginning July 1,2007. Annual payments for a $4,325.87 assessment repaid over ten years at an interest rate of 10.25%, are $711.59. 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: FISCAL NOTE: Council approved Resolution 2005-78 on September 12, 2005, appropriating $111,973.32 for the Afognak Acres Electric Improvement District. Total costs for the improvements are $103,820.87, to be divided among 24 properties. No additional appropriations are necessary. Payments from the special assessment district will be credited to the Electric Enterprise Fund assessment revenue account. Approved by Finance Department: ~~ RF('OMMFNDATTON' Approve Resolution 2007-032 confirming the special assessment roll of the Afognak Acres Electric Improvement District, providing for the levy, terms of repayment, and penalties of the special improvement district. 14 ern' of Sf>W"'ll.l), ",L",SRA d 1\.1 1<.a tOr the cost 1 'd b'j the Cit'j ot Sev-Iar , n. as , . d thdollo"''''' "",,,,,eo" have b:'" e,^e D,,~'et. ~be co,t of the" p""o""t to Cha~t<" 5.20 of the S""t~~cdt~;n~~e:~ribed as theM ..ognak ~cres Bflec;n~c~:=:::oftbe ",Wruve",eo'<' J>,ll~rul?""v . t ",bleb w"e cons '" ' . b'" ""II \jCne ,t "0- of ",,,,,aI ",,~rov""co' rt oncd ",uallv """", the 24 \,ro9""'" wC." C oil w,th _oct to the "",,,,,co'" , rove"'co" bavo b"'" al'l'o , . d et'ons ofth' S",ard "'1 oon . :,,;,,'" ",e<< ~ro~"'v noticed of aI\ b,,,,,ng' "" . ^ " nl23 1001. The alJ"tcd progerW own":.\ . S d R""lot,On 2001.03. on ~. foond on tbe attaChed "'" e. ~be """,,,,co" we<< leV'cd by the ~~:~:~~;; ;;":~~f ,oaf yro~crtv' and the """,,,,ent ,,",000" are _co ""d edd,e'seS, tbe legal d""n~t,on' 0 Dated tb" ~d>.v of Mnl, 2001. NOlie< of Vvy of M",ssmenls pSognal< p,cres f,\eetrie \ro\'to",menl District Jean. l,ev-lis, Cit'j Clerk .... CJ1 Mter recording, return to', sev-Iard City Clerk City ot sev-Iard p,o,BO")l167 sev-Iard, pJZ 99664-0167 p..ttachn1ent \ 1 'Page) !0-4 CJ) Lot Description Lot CA, Forest Acres Subdivision Lot CB, Forest Acres Subdivision Lot CS, Forest Acres Subdivision Lot CT, Forest Acres Subdivision Lot CU, Forest Acres Subdivision Lot CV, Forest Acres Subdivision Lot CW, Forest Acres Subdivision Lot CX, Forest Acres Subdivision Lot CY, Forest Acres Subdivision Lot CZ, Forest Acres Subdivision Lot 1, Afognak Acres Sub No.1 Lot 2, Afognak Acres Sub No. 1 Lot 3, Afognak Acres Sub No. 1 Lot 4, Afognak Acres Sub No.1 Lot 5, Afognak Acres Sub No.1 Lot 6 Afognak Acres Sub No. 1 Lot 7 Afognak Acres Sub No. 1 Lot 8 Afognak Acres Sub No.1 Lot 9, Afognak Acres Sub No.1 Lot 10, Afognak Acres Sub No. 1 Lot 11 Afognak Acres Sub No. 1 Lot 12 Afognak Acres Sub No.1 Lot 13, Afognak Acres Sub No.1 Lot 14, Afognak Acres Sub No.1 After recording, return to: CITY OF SEWARD SPECIAL ASSESSMENT ROLL FOR THE IMPROVEMENT DISTRICT KNOWN AS AFOGNAK ACRES ELECTRIC IMPROVEMENT DISTRICT Owner of Record Mailing Address William J. Hearn Box 1927, Seward, AK 99664 Richard A. Worabel Box 2072, Seward, AK 99664 Ryan McDonald Box 2805, Seward, AK 99664 Richard A. Worabel Box 2072, Seward, AK 99664 Daniel & Lori Krier Box 3632, Seward, AK 99664 John W. & Joyce L. Bell 26 Birnum Woods, Stratham, NH 03885-2204 Catherine Byars Box 1528, Seward, AK 99664 Mike Ruohey 11916 Wilderness Dr., Anchorage, AK 99516-2238 Todd Starr & C. Marie Hermon Box 3177, Palmer, AK 99645-3177 John & Catherine Reimer 16320 NE Multnomah St., Portland, OR 97230-5735 Richard & Marica Noren 17350 Toakoana Way, Eagle River, AK 99577-8510 William & Margaret Giles 31 N Seasons Trace, The Woodlands, TX 77382-5909 Paula F. Gibbs P.O. Box 2802, Seward, AK 99664 Jeffrey & Kelly Brooks P.O. Box 61143, Fairbanks, AK 99706-1143 Peter F. Savage 6820 Howard Ave., Anchorage, AK 99504-1870 Peter F. Savage 6820 Howard Ave., Anchorage, AK 99504-1870 Amy & Kent Dukowitz P.O. Box 3384, Seward, AK 99664 Vernon G. Orange 18651 Snowy Plover Cir., Anchorage, AK 99516-6121 Teneal Jensen P.O. Box 565, Seward, AK 99664 Carol J. Hancock 2306 Keel Ct., Willis, TX 77318-9112 Ethan Reed & Cathy Spencer P.O. Box 2425, Hillsboro, OR 97123-1925 Conrad & Joni Zobel 3928 Arsenal St., S1. Louis, MO 63116-3902 Conrad & Joni Zobel 3928 Arsenal St., 8t. Louis, MO 63116-3902 James & Virgi Allen 2220 North Star S1. #4, Anchorage, AK 99503-1883 Total all assessments: Seward City Clerk City of Seward P.O. Box 167, Seward, AK 99664-0167 Assessment Amt $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $ 4,325.87 $103.820.88 City Clerk's Office Seward, Alaska To whom it may concern RECEIVED APR 1 6 2007 OFFICE OF THE CITY CLERK 13 April 2007 I am not in favor of the property improvements unless, the costs are directly identified, limited and assessed upon sale of the property with no interest attached. Further, that property improvements do not exceed 1 % of assessed tax value over a 5 year period. In other words, $100 per year on a 50,000 lot, for 5 years. I have no control over the costs the City charges or who the city contracts with, if the city doesn't do the job it's self. I'm at the mercy of the City or the local developer and his profit margin. When I purchased the property I was told that my two lots had water, electrical, and sewer. I want to know exactly the nature of these electrical costs and how they relate directly to my property? Sincerely, PS: Request letter be read at hearing as it has been mailed and e-mailed to your office with return verification 17 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007- 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE NEGOTIATION FOR THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: TIS R lW SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA DEPARTMENT OF LABOR ALASKA VOCATIONAL TECHNICAL CENTER (A VTEC) FOR EDUCATIONAL FACILITIES WHEREAS, the State of Alaska ("State") through the Alaska Vocational Technical Center (A VTEC) has formally requested the conveyance of the real property described as "Block 6" T IS R lW SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, the State desires to consolidate their underlying land holdings for the A VTEC facility to further support the mission of their educational programs; and WHEREAS, the subject property is currently occupied with the Old Armory Building in use by the A VTEC program and the new Distance Learning Center Building also used by the A VTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, the City of Seward, finds that ownership of Block 6 by A VTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, the public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes negotiation for the conveyance of Block 6, also described as: T IS R lW SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 to the State of Alaska, Alaska Vocational Technical Center, for educational facilities. 18 CITY OF SEWARD, ALASKA RESOLUTION 2007-037 Section 2. The Seward City Council authorizes the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 OTS to achieve terms satisfactory to both parties for the transfer of the parcel subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right-of-way, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 19 Council Agenda Statement Through: Marvin Yoder, Interim City Manager , Meeting Date: April 23, 2007 From: D. Scott Williams, City Planner Agenda Item: Negotiate Conveyance of Block 6 of Original Townsite BACKGROUND & JUSTIFICATION: The State of Alaska (State) through the Alaska Vocational Technical Center (A VTEC) has submitted a formal request to the City of Seward to convey the real property known as "Block 6 of the Original Townsite of Seward Federal Addition." The platting and details ofthe conveyance will occur after Planning and Zoning Commission and Council approval to negotiate the terms of the proposed conveyance. The property is currently occupied with the "Old Armory" Building and Distant Learning Center and being used as classrooms and offices for the A VTEC program and is located between A and B Streets, and First and Second A venues. Block 6 is currently owned by the City of Seward and leased to the State at no cost through June 30,2054. The City acquired the parcel from the federal government in 1954, for construction of a National Guard Armory. The Armory was used jointly by the adjacent high school as a gymnasium. When the Kenai Peninsula Borough was created and assumed school powers in 1964, the property (land and building) was transferred to them. After the new high school was constructed in 1979, the building(s) remained empty for a few years. Subsequently, the Borough leased it to the U.S. Forest Service as headquarters for the Young Adult Conservation Corps and then transferred the property to the State for refurbishment into the A VTEC facility."l The ownership of the property apparently reverted back to the City of Seward sometime after the abandonment by the KPB school district. (However, a title report is needed to confirm title to the property, and it is recommended that the State obtain a title report and provide a copy to the City. Any conveyance by the City should be made only by quitclaim deed.) Previous analysis of the property known as Block 6 reveals that the original transfer of ownership by patent from the federal government to the City of Seward requires that the parcel be used for "educational" purposes or the parcel would revert back to the federal government. Additionally, the land is occupied with a building currently used for the A VTEC program. The City of Seward has no other planned use for the property, and it seems reasonable to commit the land to educational 1 Excerpted from a Memo from Kerry Martin to Scott Janke 10/05/99 20 purposes by others. The ownership of Block 6 by the State will allow for further site development in the future based on regulations that require land ownership by a grantee/program. The Seward Planning and Zoning Commission recommended the conveyance of Block 6, OTS to the State by Resolution 2007-07 (attached). Items to be negotiated with the State include, but are not limited to, compensation to the City for the transfer and/or payment of the City's costs to complete the transfer, the need for inspection of the property for any environmental concerns, and addressing any issues concerning easements, drainage, and utilities. Council approval of another resolution containing the essential terms and conditions of the transfer will be required following a public hearing. If the City does not obtain an appraisal, that resolution will need findings stating that the public interest will not by an appmisal, and if not sold for fair market value, a fmding is needed stating that it is in the public interest to dispose of the property for less than fair market value. Upon completing the transfer, the existing lease will be terminated. RECOMMENDATION: The administration recommends Council authorize the City Manager to begin negotiations for the transfer of ownership of Block 6, OTS as described subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features on the parcel, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to fmal platting. In the event that public utilities must be relocated as a result of this conveyance, the cost of such relocation will be borne by the State of Alaska. 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: FISCAL NOTE: The negotiation of conveyance of this property is not expected to result in additional costs to the City, nor affect the tax-exempt status of the property. Approved by Finance Department: J!/KIo RECOMMENDATION: 0-,1 City Council approves Resolution 2007~ 21 Sponsored by: Yoder CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEW ARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCIL APPROVE THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: TIS R lW SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEW ARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA (AVTEC) FOR EDUCATIONAL FACILITIES WHEREAS, The State of Alaska through the Alaska V ocarional Technical Center (A VTEq has formally requested the conveyance of the real property described as "Block 6" T IS R 1W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, The State desires to consolidate their underlying land holdings for the A VTEC facility to further support the mission of their educational programs; and WHEREAS, The subject property is currently occupied with the Old Armory Building in use by the A VTEC program and the new Distant Learning Building also used by the A VTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska tor purposes of operating an educational facility with a term through the year 2054; and WHEREAS, The City of Seward after public hearing, finds that ownership of Block 6 by A VTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, Public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The conveyance, as proposed, is in the public's interest. The City is urged to request other lands in exchange for this transfer, such as the State Shop Site, Fifth and B Street parcel, and acreage behind Forest Acres; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the conveyance of municipal lands. 22 Sevv'ard Planning and Zoning Commission Resolution 2007 - o~ Page ::: 'i0\", THEREFORE, BE IT RESOLVED by the Seward Plannmg and Zoning Commission that Section 1. The Planning and Zoning Commission has re\-!ewed the request and recommends that the Seward City Council approve the conveyance of Block 6 and finds the transfer of ovvnership is in the public's interest and the public health, safety and >velfare will be preserved through such action Section 2. The Planning and Zoning Commission tlnds the conveyance of Block b ] S not contrary to the Sev,'ard Comprehensive Plan 2020 or to the Seward Strategic Plan of 1999 and is generally supported by the goals, objectives, visions and values concerning educational facilities, stated therein Section 3. The Planning and Zoning Commission finds that ce11ain utilities that eXISI, or may be required in the future, on the subject parcel and, drainage features associated \Vith the proper drainage of adjacent priv'ate properties and public rights of 'way require preservation by easement in the platting process The transfer shalL therefore, be subject to the fulJowing Drovision ~ . 1 The State of Alaska shall provide, or cause to be provided, a fIeld assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to Hna] platting. Section 4. This resolution shall take effect immediately follov"ing its adoption PASSED AND APPROVED by the Se\Yard Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD Marianna KeiL Chair 23 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 3 AYES NOES: ABSENT ABST AIN: ATTEST (City Seal) Anderson, Clark, Hohl, Keil, Roach', Smith None Hicks None ,to.\i~'&~n~~i1!JJ;!lfI> ~"fj,- F'> C'l ~ ~, .... OF vf-" 'A . #a :-f:j....;>_~ -. ~- ,/'.04 'C'"" ....'p ,I...' ,,""~"I!>.~ ...v,..... ~j> "'" ......... ,~e OeQ '". ~#,,~. ~. .,;: (l ':\l~O'f\~ ~~'", ~~..') ~~.~ ': tJ","'~.;r:,) Ue."'lle""~.g ~ !~. -+- 0\ ~ ~ . " l:;f. , . S"~)~ T llo i~ ~ ~;} : - - k," .},tll.J ~.~ = ,'~ ~ : ~ \ . ~ (t l:.>;t '~~ co"", f e~~ ::: \"-~ '\) ol~t.~...t 4~1",....,~ ~ \~., ""'-' A ~f1'd'...i:,I.~ 1 '\~ ~~" .)\) .~ J~~.,..,~y:",","~$,;;",,&~~e"'"''''l>_ !:":~:"",,,';~ ~~~~?:~,f.~' Of: f;'j,~?~:~~~~ $$f;:f;~&.~t.~~;\ " " '-~.. .' \ ~Jl),--~,' ,LL"J Jean 'Lewis. / City Clerk 24 CITY OF SEWARD p.o. BOX 167 SEWARD. ALASKA 99664-0167 . Main Office (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . City Clerk (907) 224-4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907) 224-4038 Mayor Vanta Shafer Council Members City of Seward P.O. Box 167 Seward, Alaska 99664 April 18, 2007 Re: A VTEC Land Conveyance The Seward Planning and Zoning Commission at their regular April 5th meeting adopted Resolution 2007-07 approving the conveyance of Block 6 OTS to the State of Alaska A VTEC program. Although the Commission recommends the transfer of ownership, we would like to convey our strong urging to the Council that the City derive some form of tangible benefit from the transaction. We recommend the Council consider cash or a trade for state-owned property of reasonably equal value elsewhere in the community suitable to develop city facilities or to be used in the future to leverage other land development. We understand and value the importance of the A VTEC program in Seward as a longstanding employment base, educational institution and contributor to the community. It would not be our intent to jeopardize the viability of the A VTEC program by requiring a land trade or cash for the Block 6 property. However, the scarcity of use able land in the Seward community for all uses is in short supply and we believe that the City should derive the highest value from its land disposals on behalf of the citizens of Seward. We hope the Council will carefully consider its options prior to this land transfer and we would be pleased to meet with the Council to discuss our views. Sincerely, /) UJ " f.51' /" ' I:Jl~~' ....... Mdrlanna Keil, Chair~ d on behalf of all the members of the Seward City Planning and Zoning Commission 25 Great careersfor Alaskdsfuture January 10,2007 Mr. Marvin Yoder, Acti n g Ci ty Manager City of Seward P.O. Box 167 Seward, AK 99664-0167 RE: A VTEC Distance Training Center 57642/ EDA 07-01-05582 Dear Mr. Yoder: As you may be aware, over the past 30 years, the Alaska Vocational Technical Center (A VTEC) has expanded to encompass three separate campuses within the City of Seward, each with its own distinctive facilities, classes, training, and activities. Unfortunately, A VTEC's current facility is under capacity and simply has not kept pace with the growth of our training cuniculum and our student body. We do not wish to risk or compromise the quality of our students' education, the safety of all who use A VTEC facilities, or A VTEC's compliance with all applicable codes, laws, and regulations. As a result in 2001, a comprehensive, multi-year Capital Improvement Plan (CIP) was prepared that included several life-safety and code improvements for A VTEC facilities. Some of the first improvements being contemplated by the plan include improvements to the First Lake Campus. These improvements consist of ADA upgrades, fire sprinkler systems, mechanical & electrical upgrades for administration and classroom buildings, landscaping and site enhancements, and handicap access. As we move forward with our plans, we recognize the importance of including the City in our discussions and understand the benefits of being able to address your comments and concerns early in the process. We hope to create a plan that the City will support. To that end, please review the attached drawings showing the First Lake Campus. We wish to move forward on a fonnal plat to officially vacate the portion of B Street that was contemplated and approved under City of Seward Resolution 54-49. Since the vacation of that portion of B Street was never completed with the required replat, our existing improvements extend across lot lines. In addition, future plans for the First Lake Campus include the integration and merger of the buildings on Blocks 6 and 15 of the Federal Addition to the Townsite of Seward. These plans would further exacerbate the situation created by the failure to formalize the vacation of B Street. 26 Alaska Vocational Technical Center. PO BOX 889. 2nd Avenue. Seward, Alaska 99664-0889 AdrrJssions Office (907) 224-3322 . 1-(800J 478-5389 . FAX (907) 224-4143 . http:/ /avtec.labor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. A vrEC is a division of the Alaska Department of Labor and Workforce In addition, we will request vacation of the west half of that portion of the First A venue right of way between B and C Streets. This vacation will allow us to control the circulation of vehicles and pedestrians within our facility and provide more open space. In order to facilitate both the existing and new improvements to the First Lake Campus, we also propose that the City of Seward quitclaim its interest in Block 6 of the Federal Addition to the Townsite of Seward to the Department of Transportation and Public Facilities who will hold title until such time as it is possible to transfer it to A VTEC. We envision the cumulative effect of our requests enabling us to consolidate the ownership of Blocks 6 and 15 of the Federal Addition to the Townsite of Seward and those portions of the vacated lights of way for B Street and First A venue, so that future improvements and existing operations can continue in compliance with all applicable codes, laws, and regulations. We thank you in advance for your time in considering our proposal and we look forward to continuing to work with you to match the strengths and distinctive charactelistics of the school with the unique and emerging needs of its students and the City of Seward. Sincerely, jl!l!/~ Fred Esposito A VTEC Director cc: Kimberly Mahoney, P.E., Project Manager, DOT&PF, PO Box 196900, Anchorage AK, 99519 Al Burton, DOT&PF, PO Box 196900, Anchorage AK, 99519 Alaska Vocational Technical Center. PO BOX 889. 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX (907) 224-4143 . http:/ /avtec.labor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. AVTEC is a diVision of the Alaska Department of Labor and Workforce 27 ., Anchorage 018558 4-1040 (Octoberl!l48) \!tbe Itntteb ~tate5 of ~mtttta, w;o all to wf;om t!Je.se pte.sent.s .sball rome, fl9tteting: vYHEHEAS, a Certificate of the Land Office at Anchorage, Alaska, is now de- posited in the Bureau of Land Management, whereby it appears that the City of Seward, Alaska, is entitled to a patent for the following lots and parcels of land: Block 6, School Reserve and Block 15, Park Reserve, in the Federal Addition to the Tovffisite of Seward, Alaska; Lots 1,2,17,18,19,20,21 and 22, of Block 5, School Reserve, in the Cliff Addition to the Townsite of Seward, Alaska, according to the approved Plat of the Surve:ys of said Townsi tes on file in the Bureau of Land Management, containing 167,993 square feet: NOW KNOW YE, That the UNlTED STATES OF AMERICA, in consideration of the premises, HAS GI~2N AND GRANTED, and by these presents DOES GIVE AND G~~JT, unto the said City of Seward, Alaska, and to its successors, the tracts of Land above described; TO HAVI1~ AND TO HOLD the said tracts of Land with the appurtenances thereof, unto the said City of Seward, Alaska, and to its successors and assigns forever, for the purposes designated as aforesaid. Provided, That should the lands hereby granted cease to be needed or used for the purposes herein specified, the same shall revert to the United States. Subject to any vested and aoorued water rights for mining, agricultural, manufacturing, or other purposes, and rights to di tohes and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and deoisions of courts; and there is reserved from the lands hereby granted, a right-of-way thereon for ditohes or canals oonstructed by the authority of the United States. There is also reserved to the United states a right-of-way for the construction of railroads, telegraph and telephone lines, in accordanoe with section 1 of the Act of March 12, 1914 (38 stat., 305, 48 U.S.c. sec. 305). 28 l~ I'.J:; \ \ <:f <;) ')--. ~ ,-, , c_ <:1.' ;>~ ~ E ~~:~ -0 'E ::~ l1;> 0) t-' ~I-'- r::: ':oJ ,.:-\ ,'~ e -~ : ~ ,~~' ~ ~'_ ~: 1.1 ~:c, ...~ )........~ ~ . 0:- ~ ~ t; ~ :2 , l..; 'f;J t',.,.,~.~- ;:-\. \-. 'oJ,.. * 2 ~~; .: - - ~ _, ,~c,' '. ~. -. ~:, -~ ]!m (;,. Patent No. \~lt"'Ll .) 1,' f t ~ . ..)~'xd~t , l: . '\ IIl-" t.:S. ", " \ 1.v~ :.; "{! IN TESTIMONY WHEREOF, the undertigned a\\thori..d officer of the Bureau of Land Management, in llccordance with the l'rovi.ion. of the Act of Jun. 11, 1948 (6~ Stat., 476), hll., In the name of the United State.. cau.cd thele !ett.,1 to b. made Patent, and the Seal of the Bureau to be hereunto affi~ed: GIVEN under illY hand, in the Diltrict of Columbia. the FIFTEENTH day of JANUARY in the yt:Qf of out Lord one thou.and nine and of the Independence of the hundred and FIFTY-THREE SEVENTY-8EVENTH. United States the one hundred and For tpe Director, B~re"u of Land Managem~nt. By ,.,~,lS~j;~ ,.__..."., ~; Sur Ill. t. -.ovnlflMIOI'f 1'~IIt1\N. Ctfrlcr 800k ~ Page l-i5 Anchorage 018558 !F J of<, 7/".' <<,," c-.. "1:1..;" Ths wit.j~n l:it$t'rnment wa.1l ..fifr.:rI jr.)r re.r"rwd <<.t.~__ '-I k'f.:: M ~...u9.. . :,':rr'"t,'(.~"e.t..r: 0" oc i!}~ ";;;:-:5~C!n:! _ ..... ! d in BfIOk. =-~~~..~=:::.... '~~-~....'.:Z{(:;:;:"'~,"'~ --'. J, S U)!,~:""H~;~,i'}l~t'( c. HJ L ",_l~. f;~~?ii)ltf)ER 4,-104,0 (October 1\l48) mbt Wntttb ~tatt5 of ~mtrfta, l!:o aU to wbom tbeie preienti ibaU tome, ~reeting: ~, a Certificate of the Land Office at Anchorage, Alaska, is now deposited in the Bureau of Ie.nd Managanent, and alse an Order of the Associate DLrector of said Bureau, whereby, it. appears that the City of Sew-ard, Alaska, is entitled to a patent for the foJ.lowi.ng parcels of landJ All of Blocks 6 and 25 in t~e I ! Federa.l Addition to the Townsite of Seward, Alaska, according to the approved P.l.at of the Survey of said Townsite on file in the Bureau of land Management, containing 132,000 square feet. NCJK KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, HAS GIVEN AND GRANTED, and by these presents roES GIVE AND CRANT, unto the said City of Seward, Alaska, and to its sucoessors, the tracts of land above described;; TO HAVE AND TO HOLD the said tracts of land with the appurtenances thereof, unto the said City of Seward, ~J.aska, and to its successors and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to 6itches and reservoirs used in connection with such water rights. as m3-Y be recognized and acknowledged by the local custOll1l'l, lalfti, and deciSions of courts; a.'1d there is reserved from the lands h€:ireby granted GL right of way thereon. for ditches or canals constructed by the authority of the United states. There is also reserved to the United states a right of- way for the construction of railroads, telegraph and telephone lines, in accordance with section 1 of the Act of March 12, 1914 (38 stat. 305, 48 U.S.c. sec. 305);. This patent is issued supplemental to Patent No. 1l3?469, dated January ~5, 1953', for the purpose of removing the reversionary restriction \ in said patent. 30 . ~ ::> <: ~ ifl ~ ...... ~ PARK RESERVE wo#____ JO 2506 7-3-01 (15) / I I / 'f}Df()9?cV ~ ~~{fjL u_~ ~..>.J Iii III'.. '1 i>>...<1 I <i....l I' : '.. .. I'j ['1 l. .>."1 I>> . ......1 2i;i IN1 :'~"1 I 11 1':\ 1111 f. .. I, "'11 ~>I ::';::'::1' "1> I Irlrl! l .... "d... 1;/ /' <:'11< I I I I I - -, <II j;r:: ~, .... , <II +' Q) ~, . ~ ::> < Q Z o u ~ ifl SCHOOL RESERVE ~ "'~ ~'" ;-~ ~ <v..}'?' 0~ s <v~ ",<> ~ 'i" I t , I i ..---) '. '11":" 1 <l 1 .~;,;;~+~~~........'.' ;; .. / I . i /; II ~ . ~ ::> <' E-< ifl ~ ...... ~ A 1(5) Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-038 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE V ACA TION OF "B" STREET BETWEEN FIRST A VENUE AND SECOND A VENUE WHEREAS, the State of Alaska Department of Labor Alaska Vocational Technical Center has formally requested the vacation of "B" Street in downtown Seward and conveyance of the right-of-way to the State; and WHEREAS, the Seward Planning and Zoning Commission has reviewed the request and recommends that the City Council proceed with the vacation and transfer of title to the State for the purpose of maintaining educational facilities; and WHEREAS, the Seward Common Council previously approved the "B" Street vacation by Resolution #49 February 15th, 1954 but the vacation was never perfected; and WHEREAS, the "B" street right-of-way between First Avenue and Second Avenue serves no public access function for local traffic circulation and the A VTEC First Lake Complex currently occupies much of the right-of-way area. Vacation of the "B" Street right of way serves an essential public purpose and supports the A VTEC program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. City Council recommends that the Kenai Peninsula Borough approve the vacation of "B" Street right-of-way between First Avenue and Second Avenue rights-of-way subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right-of-way, in cooperation with the City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 2. Further, the City Council authorizes the City Manager to negotiate the transfer of ownership of the city's portion of the vacated "B" Street right of way, subject to the successful negotiation of the transfer of Block 6 OTS to the State. Section 3. This resolution shall take affect immediately after its adoption. 32 Council Agenda Statement From: D. Scott Williams, City Planner 4 Meeting Date: April 23, 2007 Through: Marvin Yoder, Interim City Manager Agenda Item: Vacation of"B" Street and Conveyance of Land BACKGROUND & JUSTIFICATION: The State of Alaska Department of Labor (State) operating the Alaska Vocational Technical Center (A VTEC) has formally requested that the City of Seward vacate the "B" Street right-of-way from First Avenue to the west, to Second Avenue to the east to consolidate their property holdings for the Seward A VTEC facility. The right-of-way was previously approved for vacation by Resolution No. 49 by the Seward Common Council February 151\ 1954. The vacation was not completed at that time. The subject right-of-way was established during the creation of the Federal Addition to the Original Seward Townsite. The portion of the "B" Street right-of-way between First and Second Avenues is physically occupied with the old high school, now the First Lake Complex used by A VTEC. Although there is a separation between the First Lake Building and the Old Armory Building located on the adjoining parcel to the south, no motorized traffic can physically use the right-of-way; pedestrian traffic can use the passageway but no "traditional" corridor exists for pedestrian traffic between the buildings. The Seward Planning and Zoning Commission approved the vacation of the "B" Street right of way by Resolution 2007-XX. (attached) Zoning: The area adjacent to the "B" Street right-of-way is Institutional (INS) and the proposed vacation will present no current or future change or affect on the principal uses of the adjacent lands. Comprehensive Plan: The Comp Plan makes no specific mention concerning existing rights-of-way. Street creation and development generally are viewed only in the context of future land use including subdivisions. In this case, the zoning and affected land areas are established and the vacation action would have little or no influence on future land uses in the area. Drainage: Other than on-site drainage for Blocks 6 and 15, no drainage structures or features are thought to exist along, or across the subject right-of-way. Prior to final platting, the State will be required to conduct a field assessment in cooperation with city staff to verify what drainage features, if any, that need to be preserved. 33 CITY OF SEWARD, ALASKA RESOLUTION 2007- 0 ':J'b PAGE20F2 Access: No public thoroughfare access exists along or across the "B" Street right-of-way between First and Second Avenue. The area of the right-of-way is used by A VTEC for structures, on-site pedestrian circulation, parking and landscape. Access does exist along the Second A venue and some degree the First Avenue rights-of-way which will be preserved through the platting action. Traffic: No motorized access exists within the subject right-of-way and therefore discussion of traffic is not applicable. Utilities: According to city staff, several utilities including electrical and underground sewer and water appurtenances may exist within the "B" Street right-of-way and the State will be required to conduct a field assessment in cooperation with the appropriate utility representatives to verify utility features that need to be preserved. If it is necessary to relocate any public utilities as a result of this vacation, the cost of such relocation will be borne by the State. RECOMMENDATION: The administration recommends the approval of the vacation of"B" Street between First Avenue and Second A venue and authorizes the City Manager to negotiate the transfer of ownership ofthe city's portion of the vacated "B" Street right of way, subject to the successful negotiation of the transfer of Block 6 OTS to the State of Alaska (A VTEC) subject to the following: 1. The State of Alaska shall provide, or cause to be provided, a field asse;>sment for existing and potentially required drainage features, utilities and other features of the right-of-way to be preserved by easement or other forms of reservation. If it is necessary to relocate any public utilities as a result of this vacation, the cost of such relocation will be borne by the State. 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: FISCAL NOTE: The City is not expected to incur any costs as a result of the conveyance of title, or as a result of the approval of the vacation of"B" Street between First and Second Avenue. Approved by Finance Department: l!htt./ RECOMMENDATION: City Council approve Resolution 2007-~. 34 Sponsored by: Yoder CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCIL APPROVE THE VACATION OF "B" STREET BETWEEN FIRST A VENUE AND SECOND AVENUE AND CONVEY TITLE TO THE STATE OF ALASKA (A VTEC) FOR EDUCATIONAL FACILITIES. WHEREAS, the State of Alaska through the Alaska Vocational Technical Center (A VTEC) has formally requested the vacation of "B" Street to consolidate the ownership of the property underlying their educational campus; and WHEREAS, the Seward Common Council adopted Resolution No. 49 in 1954 to vacate the subject portion of"B" Street (First Ave. to Second Ave.) but the vacation was never perfected; and WHEREAS, the subject portion of "B" Street and adjacent land has been occupied with educational facility (old high school) starting in the mid-fifties; and WHEREAS, the "B" Street right-of-way was established during the original platting of the Federal Addition of the Original Townsite of Seward; and WHEREAS, the City of Seward after public hearing finds that there is no longer a public interest in preserving that portion of the "B" Street right-of-way for access purposes since it is occupied with structures and is not used for local motorized or pedestrian access purposes. Public utilities exist across and/or within the subject right of way as well as drainage features that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The adjoining property owners are the State of Alaska (Block 15) and the City of Seward (Block 6) and both parties have agreed to convey title of the entire subject right-of-way to the State for educational purposes; and WHEREAS, The street vacation, as proposed, is in the public's interest; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the request for street vacation. NOW, THEREFORE, BE IT RESOL YED by the Seward Planning and Zoning Commission that 35 Seward Planning and Zoning Commisslon Resolution 2007-06 Page ::2 Section L The Planning and Zoning Commission has reviewed the request for street vacation for "B" Street and finds that the vacation is in the public's interest and the public health, safety and welfare will be preserved through such action. The Commission also fjnds that certain utilities that exist, or may be required in the future, in the subject right of vvay and, drainage features associated with the proper drainage of adjacent private properties and public rights of way require preservation by easement in the platting process, Therefore, the Commission recommends that the Seward City Council approve the vacation of the "B" Street right of way, as described, subject to the following prOViSion: 1 The State of Alaska shall provide, or cause to be provided, a tleld assessment for existing and potentially required drainage teatures, utilities and other features of the right of way, in cooperation with City of Seward statl~ to be preserved by easement or other forms of reservation prior to final platting. Section 2. The Planning and Zoning Commission finds the vacation of "B" Street is not contrary to the Seward Comprehensive Plan 2020 nor to the Sevy ard Strategic Plan of 1999 and this action generally supports the goals, objectives, visions and values stated therein, Section 4. This resolution shall take eHect immediately follo'Wing its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD - '_.~, Marianna Keit Chair AYES NOES ABSENT ABSTAIN: Anderson, Clark, Hohl, Keil, Roach', Smith None Hicks None ATTEST <l" -_~. ", ~ ,. - ~ ,;-:;:;'" . i-,,",_ \ -~-1. jr,-- -'" ~-__1t..-...(t.... L- ,~. JeaniLewis, I) City Clerk :.-,.. \..: =-.,,-.... (City Seal) ''<.5: 36 Great CJJTeers for Alaska's future January 10,2007 Mr. Marvin Yoder, Acting City Manager City of Seward P.O. Box 167 Seward, AK 99664-0167 RE: A VTEC Distance Training Center 57642/ EDA 07-01-05582 Dear Mr. Yoder: As you may be aware, over the past 30 years, the Alaska Vocational Technical Center (A VTEC) has expanded to encompass three separate campuses within the City of Seward, each with its own distinctive facilities, classes, training, and activities. Unfortunately, A VTEC's current facility is under capacity and simply has not kept pace with the growth of our training cuniculum and our student body. We do not wish to risk or compromise the quality of our students' education, the safety of all who use A VTEC facilities, or A VTEC's compliance with all applicable codes, laws, and regulations. As a result in 2001, a comprehensive, multi-year Capital Improvement Plan (CIP) was prepared that included several life-safety and code improvements for A VTEC facilities. Some of the first improvements being contemplated by the plan include improvements to the First Lake Campus. These improvements consist of ADA upgrades, fire sprinkler systems, mechanical & electrical upgrades for administration and classroom buildings, landscaping and site enhancements, and handicap access. As we move forward with our plans, we recognize the importance of including the City in our discussions and understand the benefits of being able to address your comments and concerns early in the process. We hope to create a plan that the City will support. To that end, please review the attached drawings showing the First Lake Campus. We wish to move forward on a formal plat to officially vacate the portion of B Street that was contemplated and approved under City of Seward Resolution 54-49. Since the vacation of that portion of B Street was never completed with the required replat, our existing improvements extend across lot lines. In addition, future plans for the First Lake Campus include the integration and merger of the buildings on Blocks 6 and 15 of the Federal Addition to the Townsite of Seward. These plans would further exacerbate the situation created by the failure to formalize the vacation of B Street. Alaska Vocational Technical Center. PO BOX 889 . 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX~e,7) 224-4143 . http://avtec.laboLstate.ak.us Alaska Vocational Technical Center does not disCri~rfate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. AVTEC is a division of the Alaska Department of Labor and Workforce In addition, we wi]] request vacation of the west half of that portion of the First A venue right of way between B and C Streets. This vacation will allow us to control the circulation of vehicles and pedestrians within our facility and provide more open space. In order to facilitate both the existing and new improvements to the First Lake Campus, we also propose that the City of Seward quitclaim its interest in Block 6 of the Federal Addition to the Townsite of Seward to the Department of Transportation and Public Facilities who will hold title until such time as it is possible to transfer it to A VTEC. We envision the cumulative effect of our requests enabling us to consolidate the ownership of Blocks 6 and 15 of the Federal Addition to the Townsite of Seward and those portions of the vacated lights of way for B Street and First Avenue, so that future improvements and existing operations can continue in compliance with all applicable codes, laws, and regulations. We thank you in advance for your time in considering our proposal and we look fonvard to continuing to work with you to match the strengths and distinctive characteristics of the school with the unique and emerging needs of its students and the City of Seward. Fred Esposito A VTEC Director cc: Kimberly Mahoney, P.E., Project Manager, DOT &PF, PO Box 196900, Anchorage AK, 99519 Al Burton, DOT&PF, PO Box 196900, Anchorage AK, 99519 38 Alaska Vocational Technical Center. PO BOX 889 . 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907J 224-3322 . 1-(800J 478-5389 . FAX (907) 224-4143 . http:j javtec.labor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. AVTEC is a division of the Alaska Department of Labor and Workforce ~~ ---~' ,'1\'')/_1.' . ?-; ,,,,,,,.-r .." l RESOLt~ION NO. 49 /' " il'- Deed File Recorded Tax Ledger Y-.PB Cb.airman I~B School District Happing Pending A REOOLUTION OF THE OOMH:JN CDUNCIL OF THE CIT:{ OF SEHf..RD, P.LAfKA, VACATING A PORTION OF "B" Sl'REET FOR SCHOOL PURFDSES.. \'ffiEREAS, The Comnon Co.mcil of the City of Seward, AlAska has been petitioned to vacate a port~on of "B'" street, all lying within the City of Seward, Alaska, for school purposes, and, WHEREAS, The Common Council of the City of Seward, Alaska has caused to be publ ished notices of a hearing to be held on this date, all in accordance with Chapter III of Chapter 115, Session Laws of Alaska, 1953, and, "mEREAS, Said hearing has been held this date and the Common Council of the City of Seward, _~aska have determined that the vacating of "B" street for school purposes is in the interest of the public welfarq, NCM, THEREFORE, Be it Resal Ted iT,' the Common Council of the City of Seward, Al~ska, that the foll~~i~g described portion of "B" street be vacated ror school purposes, to-wit: B~~nning at the point of intersection of the west property line of Second Avenu,e and the north property line of "ER Street, theno$ in a westerly direction a distance of 220.00 feet, thence in a southerly direction a distance of 60.00 feet, thence in an easterly direction a distance of 220.00 feet, thence in a northerly direction a distance of 60.00 feet to point of beginning; commonly described as that portion of RB" Street lying between First Avenue and Second Avenue within the City of Seward, lU:ud:a. Passed and approved by the Common Council this 15th day 1954. l\.ttellt: - 0~ ~~._-------- Ci ty Cle rk RECORDING DATA: #114 "THe wi thin ins"trument was filed for record at 4:05 o'clock P".M., February 17, 1954 at request of City of Seward and duly recorded in Book 20 or Records at Page 198. , "1" ?,-Ji 7-'.... ",.,.]\;.. 39" S/AnnaB.Southard u. $. .Corrmi~siQner r:-._~-+:'_ .........,...... n......"...,J::/,"'''''M,.....,V- and e;r:- J I -1 --1 -. I J l () I ~J) I 'k '\ (, ~ i~ I k I -J I I !-.-.----.----.'. I I , I i I r 1 C (.' ,.y , }'"-1' _ C., / --, ( " (1 () E , 'l' rT \,:'~' _;i './'-, Ou ")< ~:. I ".".- ! i I I i ~ ! ,. , ~ I. ff ii i I -J, . -'-r-~- ~ ~ . , ;1 UJ ",-, ~ V) ),; ,I ~\, (:);1 ! '(''1 '\. n I~-----..._---" ." - -,,_.- {' ,~ ~~) A I.~_c,' r"- - C ;-,j 0 L------------ l";::j Cr.t--:'i ,-;- \. .,; ....L l,,'.:~ l~~_ l-.-_._~_._.._~_ 09 - :; ,"-{-. L' /: J <~~ ,'\ ~,' :? ,,,- 7 (!1! 9 () (../ .7 .5"' <3oot' --_.__._~_......_---'-- , . , I .~ c' ~:..\. .........--..11 . ---J -. I ! ~l "I -,J ,.. Co k I , ,j ~I' "t ~I il ---! Co '-' i i , I I L I- I ~ I 't i , , '\\ I j ..L '/ Seward Seaport Record SEW ARD. ALASKA SEW ARD SEAPORT RECORD, Seward, Alaska PROOF OF PUBLICATION PROOF OF PUBUCATION United States ,of America'l Territory of Alaska, ( SS Third Division, , Seward, Alaska John M, Coleman, being first duly sworn, on oath deposes and says: That he is publisher of the SEWARD SEAPORT RECORD, a newspaper of general circula- Hon, published on Friday of each week, at Seward, Alaska; That a publication of the at- tached notice was published for a period of at Jeast once a week for ;2'-,______ weeks-for a period of at least.('/~__in the said SEWARD SEMlORT RECORD, the date of first publication being the 'J,f- day o~ 1951 and the date of last pub- lication, the (~ day of ff!~ 195-1 and that such publication ~,'~ Subscribed and sworn to be- fore me this /5day ot/~ 19~_'n~ Notary Public in and for the Territory of Alaska. My Commission Expires ______mn_ ~-k,--~;:m/-?-Q..::c 41 CITY OF SEWARD GA TEWA Y TO INTERIOR ALASKA. SEWARD. AL.ASKA January 13, 1954 1# Sigrid b~earns, City Clerk for the City of Seward, HEREBY CERTIFY that a petition ha~ been filed in this office by Raymond F. O'Hara, City Manager, City of Seward, on January 12, 1954, for vacation of the following described property: Beginning at the point of intersection of the west property line of Second Avenue and the north property line of "B" Street, thence in a westerly direction a distance of 220qOO feet, thence in a southerly direction a distance of 60.00 feet, thence in an easterly direction a distance of 220#00 feet, thence in a northerly direction a distance of 60~00 feet to point of beginning; commonly described as that portion of "B" Street lying between First Avenue and Second Avenue "vi thin the City of Sa;vard, Alaska. A hearing will be held in the Council Cp.aITbers, City Hall, Seward, Alaska at 8:00 o'clock P.R.; on l>1Onday, February 15, 1954. ~)~' City erk 42 CITY OF SEWARD GATEWAY TO INTERIOR ALASKA SEWARD. ALASKA January 12, 1954 TO: SUBJECT: FRON: Mrs. Sigrid stearns, City Clerk Petition to Vacate a portion of "B" Street Raymond F. O'Hara, City }~nager I, the undersigned, authorized agent for the City of Seward, Alaska, owner of the street, and the land contiguous thereto, hereby petition that the following described real property located in the Federal Addition, City of Seward, and now being used for street purposes be vacated: Beginning at the point of intersection of the lvest property line of Second Avenue and the north property line of "B" Street, thence in a westerly direction a distance of 220.00 feet, thence in a southerly direction a dis- tance of 60.00 feet, thenoe in an easterly direction a distanoe of 220.00 feet, thenoe in a northerly direction a distance of 60#00 feet to point of beginning; commonly described as that portion of "B" Street lying between First Avenue and Second Avenue within the City of Se.vard, Alaska. ~;{~ Ci ty 1-:fanager 43 Sponsored by: Mayor Shafer CITY OF SEWARD, ALASKA RESOLUTION 2007-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE QUTEKCAK NATIVE TRIBE FEDERAL RECOGNITION EFFORTS WHEREAS, the Qutekcak Native Tribe Council is the democratically elected governing body of the Alaska Native Community in Seward, Alaska; and WHEREAS, the Qutekcak Native Tribe's administrative offices are located in Seward and the majority of its membership resides within the Seward area; and WHEREAS, the Alaska Native Community has played a vital role in Seward's history including Seward's earliest homesteader Mary Forgal Lowell, a well known Alaskan Native residing in this area previous to 1902, the establishment of the Jesse Lee Home in 1925 after the relocation of the orphanage for Alaskan Native children from Unalaska, Alaska and the establishment of the Bureau ofIndian Affairs, Bayview School in 1926; and WHEREAS, the Indian Reorganization Act provides for federal recogmtlOn of previously unrecognized groups of Alaska Natives "having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district" (25 U.S.c. S 473a); and WHEREAS, the Qutekcak Native Tribe would qualify as an Indian tribe under this or any other legal description; and WHEREAS, the Qutekcak Native Tribe is recognized as an Alaska Native tribe by Chugachmiut, (regional social service corporation servicing Chugach region tribes), Chugach Alaska Corporation, Chugach Regional Resources Commission and the North Pacific Rim Housing Authority and holds a seat on all these boards of directors and is routinely treated as an Alaska Native Tribe; and WHEREAS, the Qutekcak Native Tribe and City of Seward have collaborated on a number of projects, including the Seward Community Library, Special Alaska Native/American Indian section, the All-American City award and the Shellfish Hatchery, which have contributed to the long standing partnership between the Tribe and the City of Seward; and WHEREAS, federal recognition would entitle the Qutekcak Native Tribe to significant privileges as an independent entity and access to special programs of the Bureau of Indian Affairs, Indian Health Service (IHS) and the Institute of Library and Museum Services that are made available only to recognized tribes and their members as well as to funds that are set aside for tribes within certain federal programs; and WHEREAS, the inaction of the federal government on Qutekcak Native Tribe's repeated requests for federal recognition have prevented the Tribe from fully realizing efforts to promote the health and well-being of their tribal members and to protect their tribal heritage. 44 CITY OF SEWARD, ALASKA RESOLUTION 2007-039 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 fully supports federal recognition of the Qutekcak Native Tribe. Section 2. The City Council of the City of Seward urges that Alaska's elected Senators and Representative serving in the United States Congress introduce and build support for legislation to recognize the Qutekcak Native Tribe and to appropriately use their good offices to encourage the Bureau of Indian Affairs to place the Tribe on the list of Indian Entities Recognized and Eligible to Receive Services from the United States. Section 3. This resolution takes place immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 45 Memorandum To: Mayor Shafer and Seward City Council From: Qutekcak Native Tribe Council Date: 4/17/2007 Re: Support of Federal Recognition for the Qutekcak Native Tribe The Qutekcak Native Tribe (QNT) would like to request the SUPPOlt of the City Council of the City of Seward for our efforts to be acknowledged as a Federally Recognized tribe. The QNT Council is the democratically elected governing body of the Alaska Native community in Seward. The Alaska Native community has played a vital role in Seward's history including the purchase of land from Mary Forgal Lowell in 1903 for what ultimately would become the city of Seward. The Jesse Lee Home established in 1925 after the relocation from Unalaska supported Alaskan Native children orphaned by the epidemics of the era and the establishment of the Bureau of Indian Affair's Bayview School in 1926 for the Alaska Native children residing in the community. QNT is eligible as an Indian Tribe under the Indian Reorganization Act which provides for federal recognition of previously unrecognized groups of Alaska Natives "having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district". (25 U.S.c. 473a) Chguachmiut (a regional social service corporation servicing Chugach region tribes), Chugach Alaska Corporation, Chugach Regional Resources Commission and the North Pacific Rim Housing Authority all recognize QNT as a tribe. Council members participate on each of these Boards as a Board of Director. QNT is routinely identified and treated as an Alaska Native Tribe. The City of Seward and QNT have collaborated on several different projects over the years including the Seward Community Library, Special Alaska Native/American Indian section, the All-American City award and the Shellfish Hatchery. With federal recognition, QNT would be allowed significant privileges and access to Bureau of Indian Affairs, Indian Health Service and the Institute of Museum and Library Services; programs that are made available only to recognized tribes and their members. QNT requests the City Council of the City of Seward, Alaska support our federal recognition and urges the Alaska's elected Senators and Representative in the U.S. Congress introduce and build support for legislation to recognize QNT to be placed on the Bureau of Indian Affairs list of Indian Entities Recognized and Eligible to Receive Services from the United States. Thank you for your consideration. 1 46 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING CHANGE ORDER #6 TO THE CONTRACT WITH WM. J. NELSON AND ASSOCIATES FOR ENGINEERING AND CONSULTING SERVICES ON THE JAPANESE CREEK LEVEE, AND APPROPRIATING FUNDS WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi-agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of Seward, with said task force comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, US. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; and WHEREAS, this FEMA task force released a final report in 1998, identifying five projects which, when implemented together, would protect Seward from future flooding in this area, with the construction of Japanese Creek levee being one ofthe critical components of a successful flood mitigation plan; and WHEREAS, William 1. Nelson and Associates ("Nelson") has been the engineer on Seward's levee project since 1999, and facilitated the successful completion of Phase I ofthe levee project which flows from north to south along Japanese Creek, intersecting along the western boundary of Dimond Boulevard. The contract with Nelson has been modified five times to add environmental assessment services, to account for re-engineering required as a result of multiple changes to the proposed alignment, to amend the project Environmental Assessment, to participate in ongoing negotiations with numerous permitting agencies and stakeholders in the project, and other material matters involved in project design and implementation; and WHEREAS, Nelson completed 100% engineering documents on the alignment that was approved by the Seward City Council in October, 2004; and WHEREAS, since 2004, the city administration has continued to negotiate with affected state and federal agencies to seek agreement on the specific alignment, and believes that the most recent alignment proposal will be approved for permitting; and WHEREAS, the new alignment proposes to re-align Japanese Creek, eliminate three large arch culverts, floodgates, and headwalls, and will eliminate the need for gabion walls, resulting in an overall estimated cost reduction of $1.4 million, bringing the construction cost down from the previously estimated $3.6 million to approximately $2.2 million; and WHEREAS, Nelson is prepared to complete engineering based on the new 2007 proposed alignment and to direct the preparation of a new limited-scope Environmental Assessment resulting from the re- alignment of Japanese Creek, and complete the permitting process. 47 CITY OF SEWARD RESOLUTION 2007-040 PAGE 2 OF2 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 approve contract change order number 6 as attached hereto, with William J. Nelson and Associates to reflect an increase of $50,000, including a contingency of$6,25 7, to cover additional engineering and consulting costs associated with the 2007 proposed alignment. Section 2. The amount of$50,000.00 is hereby appropriated from the NRCS Flood Mitigation Project grant account no. 666-6660-3050 to the contracted services account no. 666-6660-5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA. Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk, CMC (City Seal) 48 Council Agenda Statement Agenda Item: April 23, 2007 Marvin Yoder, Interim City Manager W} Change Order No.6 to William J. Nelson ~ Associates Contract Meeting Date: From: BACKGROUND & JUSTIFICATION: Following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi-agency task force to develop a flood mitigation plan to reduce flood risks in Seward. The flood mitigation task force released a final report in 1998, identifying construction of a levee along north and west Forest Acres, as the most significant mitigation effort. Bill Nelson of William J. Nelson and Associates has been the engineer on the levee projects since 1999. His contract with the City has been modified five times to add environmental assessment ("EA") services, permit acquisition, public information workshops, agency negotiations, and re- engineering and staking as a result of multiple changes to the proposed alignment. Mr. Nelson has more longevity on this project than any other single individual, and his knowledge and expertise relative to the project is invaluable to the City's successful completion of this project. Mr. Nelson completed the 100% engineering documents on the Seward City Council's October 2004 alignment, and facilitated permit application revisions and an addendum to the environmental assessment. However, certain agencies continue to be concerned with wetland impacts from the project. After numerous attempts to negotiate a compromise, an agreement was made between the administration, NRCS (federal sponsor), and DNR, regarding the alignment. This compromise agreement requires Council approval before the agencies will agree to move forward. The compromise will re-route Japanese Creek entirely to the north of the levee into one of its historic channels, and will shift a portion of the levee South along Poplar Street. This new alignment is reflected in the original EA, but the re-routing of the Creek requires a new limited-scope EA. The benefit to the City of this compromise is that it allows for re-routing the Creek, which was originally rejected by the agencies, and it eliminates the need for very costly flood gates, headwalls, culverts, and gabion walls, reducing the estimated project cost by $1.4 million. The drawback to the City is that we must agree to purchase a number of lots directly south of the proposed levee, and preserve these lots in conservation easements to protect the wetlands. Mr. Nelson's ongoing assistance is needed to engineer the Creek re-route, to re-submit a new limited-scope EA that addresses only the re-routing of the creek, and to finalize permit applications based on this newest alignment. Mr. Nelson estimates the cost of these services to be $43,743, and with a contingency of$6,257, we request an appropriation of $50,000 to complete this work. 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. 49 CITY OF SRW ARn RESOLUTION 2007-0L.{D PAGE 2 OF 2 ------------------------------------- FISCAL NOTE The City has $1,729,783.70 remaining in grant funds from the National Resource Conservation Service to pay the remaining costs of the levee project. Total costs are estimated at $2.65 million, including construction costs and property acquisition costs (not covered by grants). The City has requested both state and federal funds to complete this project, but has not been awarded additional funding. Approved by Finance: ~ RECOMMENDATION City Council authorize change order no. 6 to the contract with William 1. Nelson and Associates, and appropriate funds in the amount of $50,000. 50 CONTRACT NO: c.qq - II ~ AMENDMENT NUMBER: 006 Agreement Between the CITY OF SEWARD And WILLIAM J. NELSON AND ASSOCIATES SUBJECT: Amendment No.6 to the Project Agreement between the City of Seward, Alaska and William J. Nelson and Associates, authorized by Resolution No. 1999-118, approved by the Seward City Council on August 23, 1999, and subsequently amended as follows: Amendment No.1: By Resolution 2001-088 on July 23,2001 Amendment No.2: By Resolution 2002-026 on March 25, 2002 Amendment No.3: By Resolution 2004-010 on January 26, 2004 Amendment No.4: By Resolution 2004-100 on October 25, 2004 Amendment No.5: By Resolution 2006-68 on June 12,2006 RELATIVE TO: Japanese Creek Levee and Access Road Project - pursue alignment of Japanese Creek as articulated by DNR letter to City of Seward dated March 2, 2007, following meeting between NRCS; City of Seward; DNR; HDR, Inc.; and William J. Nelson and Associates, as approved by the Seward City Council on April 23, 2007. FURTHER AMENDED AS FOLLOWS: The purpose of this agreement is to complete additional design work, permit application work, and new Environmental Assessment work necessitated by the alignment attached hereto and labeled "2007 Red Option", resulting in re-routing Japanese Creek to the north of the entire levee, and requiring the following contract modifications: 1. Design the re-routing of Japanese Creek to the north ("2007 Red Option") approximately as shown on the attached map, eliminating three sets oflarge pipe arch culverts, eliminating flood gates and headwalls, and eliminating gabions. Cost: 23,400 2. Stake levee centerline according to alignment attached hereto. Cost: 3,300 3. Prepare new limited-scope Environmental Assessment to address re-routing Japanese Creek. Cost: $7,275 4. Prepare new permit applications and approvals. Cost: $9,768 51 Amendment No.6 to the Agreement Between the City of Seward and William J. Nelson and Associates Page Two Total Budget Amendment Authorized in Amendment No.6: $ 43,743 All other terms and conditions of the contract remain in effect and are unchanged. IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE TIllS AGREEMENT: William 1. Nelson & Associates Date CITY OF SEWARD Marvin Yoder, Interim City Manager Date ATTEST: Jean Lewis, City Clerk Date 52 Wm, J, Nelson & Associates .11,.:dlli,;...~J*8Uii;':.H,;n(",,,,,""'rl'\iPw';'''"'',,',1\~,,v:,:~:'i~'''*.j{t.J'ie.'\W-',',,".._"~",U;;),:t.M<~." ,.,7i~,'iI\<,'~:?:' ';'''t''''''';,''<'*'','I.t:L'''''i~';0'''(rn~'.'I#.,i;>-c-(f.\"1;<,ffi'.tw:~Wi"?~';'+S:,j/,.';:~'iVli!'~':%-~l'l-~;W!J!\")C~".,<&t.~,.,., ;",.,:"".,.,P,''''''':'';';>~'''''.&'~'''''f'''~'''''''':'' ";.J$UF'--" CONSULTING ENGINEERS 155 BIDARKA STREET (907) 283-3583 STRUCTURAL CIVIL ENVIRONMENTAL KENAI, ALASKA 99611 FAX (907) 283-4514 April 6, 2007 Kris Erchinger City of Seward PO Box 167 Seward, Alaska 99664 RE: Levee/Bypass Road Design Change Order No.6 Dear Ms. Erchinger, I understand that the City would like to have the project re-designed as required to move the levee north to the 2007 'Red Option as shown on the attached drawing. The revised alignment will include re-aligning Jap Creek and eliminating the three sets of large pipe arch culverts, flood gates and headwalls as well as gabions. Eliminating these items will reduce the estimated cost of the project by approximately $1.4 million, from $3.6 million down to $2.2 million. Changing the alignment will require us to re-design and re-draft the levee. We will also need to design the stream re-alignment and revise project details. HDR will need to prepare a revised EA and prepare and re-submit permit applications. I also propose to have Cline & Associates stake the new alignment centerline in the field so that regulatory agencies can see the actual centerline is they choose to during the permit review process. Our proposed change order fee is as follows: Stake alignment centerline: Prepare EA Prepare permits and Approvals Engineering/Redesign $ 3,300 $ 7,275 $ 9,768 $23.400 $43,743 Total A breakdown is attached. Sincerely, U 4-' 7 #(9 / Bill Nelson 53 North Forest Acres Access Road and Japanese Creek Levee Extension Wm. J. Nelson & Associates-Proposed Change Order NO.6 April 2007 J I 1. Surveyilll"MaDDin~ (Cline Surveyi~ ! 1 I L -----=--- Expense . $3,300 1------- ----------------------~---------- ------1------- ----1---------- I---------~----- -" -------- 1--------- - - 1--__ --------- --I---~-- -----:-;::~------ --- ,,_ $3000 ____ __ _ $3,000 Subtotal _ ~Q~kuL___ $3,300 Total Expense $17,043 Stake Alignment Centerline ------- --- ---1--- 1. PennittiD~ 3. ED~iDeeriDWDrawin~s ---c------- -- Wm. J. Nelson &Associates Coordination! Administration Plan and profile drawings ~- QuantitiesfBid Schedules/Soecificabons ~-- Labor Expense HDR To'blt---- 1----- '------- -- - $6,231 $383 $.s61:~__1--__ __ _$6,614'-----__________ $8,436 $444 $8,880 j---------_ _ $8,880 _ ____ __1---__ ___j---------__ $15,494Subtotal______ $1,549 Mark-'!L__ $17,043 Total Expense ProfEngr Staff En"" CAD Clerical $13,400 $140 $99 $75 $40 __ __ _ ______ _ _ -- ---r--- ------ - -- --- -------- - --- ---- ------- ---- --- - -------- --- ----- --,,- -- --- -- 16 40 40 24 --- 40 24 24 HDR Prepare an Environmental Assessment Prepare Permits and Approval" )------ $43,743 54 LEGEND - 2007 RED OPTION EXISTING JAP CREEK - Ui CJl NORTH FOREST ACRES LEVEE ALIGNMENT COMPARISONS SCALE: 1 "=200' WILLIAM J. NELSON &. ASSOCIATES CONSULTING ENGINEERS - STRUCTURAL/CIVIL 155 BIOARKA STREET\ . 1'/ ., 1/ 1 (907) 283-3583 KENAI. ALASKA " -,'\ " _)\ Jt. j 99611 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURSUE ENVIRONMENTAL PERMITS FOR THE "2007 RED LINE" ALIGNMENT FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, AND TO PURSUE PROPERTY ACQUISITION WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi -agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of Seward, with said task force comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; and WHEREAS, this FEMA task force released a final report in 1998, identifying five projects that would need to be implemented together to protect Seward from future flooding in this area, with the construction of the Japanese Creek levee being one of the critical components of a successful flood mitigation plan; and WHEREAS, construction of a levee to the north of Forest Acres subdivision provided a valuable opportunity to accomplish one of the community's long-standing goals of developing an alternative access route to the landfill from the Seward Highway to avoid heavy truck traffic through the Forest Acres Subdivision (SCC Reso. 90-099 and Kenai Peninsula Borough Ord. 90-66), and thus resulted in the decision to construct a dual-purpose levee/road; and WHEREAS, the City has worked diligently since 1999 with representatives from the Natural Resource Conservation Service, State of Alaska Department of Natural Resources - Office of Habitat Management and Permitting, the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, and the National Marine Fisheries Service, to determine a levee alignment that is acceptable to each of the agencies charged with protecting habitat, wildlife, and resources, as part of three distinct permitting processes; and WHEREAS, the City of Seward completed construction of Phase I of the levee in 2002, resulting in construction of a north-south levee along the westerly side of Forest Acres Subdivision, connecting at the north end with Dimond Boulevard; and WHEREAS, the Seward City Council, at its August 9, 2004 meeting, rejected the compromise alignment negotiated and agreed to on May 21,2004, between the City administration and the participating agencies, to construct the final phase of the levee from Dimond Boulevard to the Seward Highway. The City Council directed the administration to pursue a more northerly alignment as explained in the April 4, 2005 letter from Mayor Vanta Shafer to Mr. Bill Nelson, which is reflected on the attached engineered drawings dated 7/7/06; and 56 CITY OF SEWARD RESOLUTION 2007-041 PAGE20F3 WHEREAS, subsequent negotiations with agencies have resulted in a requested modification to Council's proposed alignment, reflected on the attached map and labeled "2007 Red Option", where the levee is moved south approximately 120', adjacent to parcels DB to DG, along Poplar Street and to the east; and WHEREAS, in this new proposal, Japanese Creek is re-routed entirely to the north of the levee/road, into one of its historic channels, eliminating the need for costly floodgates, headwalls, three large culverts, and gabion walls, and saving approximately $1.4 million in construction costs on the project, bringing the remaining estimated total project cost to $2.7 million, including construction costs of $2.2 million, and property acquisition costs of $500,000; and WHEREAS, in exchange for the anticipated impact on wetlands by re-routing Japanese Creek, DNR requests the City purchase and preserve nine specific parcels in order to maintain the functional values of the wetlands; and WHEREAS, the proposed alignment of the levee/road was examined in the various altematives presented in the original Environmental Assessment ("EA") and the alignment does not need a new EA, but re-routing Japanese Creek was not anticipated in the original EA, and therefore a new limited-scope EA will be needed to address the specific impacts of re-routing the Creek; and WHEREAS, a number of agencies have indicated a willingness to move forward with the permitting process if the City Council approves this alignment and agrees to purchase and preserve wetlands, and the administration finds this compromise to be in the overall public interest due to the following: I) preservation of wetland properties directly to the north of existing homes satisfies adjacent property owners by preventing future development of parcels directly to the north of their homes and minimizing impacts to them from the leveelroad; 2) re-routing Japanese Creek to the north ofthe levee/road without installation of floodgates and culverts, provides the highest level of flood protection to residents and infrastructure; 3) elimination of floodgates, culverts, and gabion walls, reduces the need for future costly maintenance efforts, and reduces the overall project cost by $1.4 million. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City administration is hereby authorized to pursue environmental permits for the "2007 Red Line" alignment of the North Forest Acres Levee/Road Project. Section 2. The City Manager is hereby authorized to negotiate with property owners to acquire nine parcels identified by DNR for preservation, and to pursue easements and/or rights-of-way as necessary for the remainder of the levee project. Section 3. This resolution shall take effect immediately upon adoption. 57 CITY OF SEWARD RESOLUTION 2007-041 PAGE30F3 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk CMC (City Seal) 58 Council Agenda Statement Agenda Item: April 23, 2007 Marvin Yoder, Interim City Manager ~ Alignment of Japanese Creek Levee/Road Meeting Date: From: BACKGROUND & JUSTIFICATION: The City Council provided direction to the administration to pursue a more northerly alignment of the Japanese Creek levee/road, in a letter from Mayor Shafer to Bill Nelson dated April 4, 2005. Mr. Nelson has since completed 100% engineering documents on that alignment. In addition, the City's contractors completed an addendum to the original Environmental Assessment, and revised permit applications. However, the federal sponsor of the project, National Resource Conservation Service ("NRCS", did not distribute the addendum to the EA, based on concern that there remained a lack of support for the proposed alignment among agencies. NRCS requested additional meetings in an effort to reach a compromise. After further meetings, it appears that we have achieved a compromise which will be less costly for the City, and will achieve the objective of the agencies to minimize impacts to wetlands and habitat. However, this compromise requires re-aligning the levee approximately 120' to the south, along the central portion of the levee. The proposed compromise re-routes Japanese Creek entirely to the north of the levee/road. This is an alternative that the agencies were adamantly opposed to in the beginning of the project, but which the City favored. The primary benefit of this re-route is that it provides maximum protection to residents, property, and infrastructure, by not allowing any flowing water south of the levee. Further, there is no longer a need to construct costly flood gates, headwaIls, culverts, and gabion walls, and results approximately $1.4 million in construction cost savings. The downside to re-routing the Creek is that because this alternative was not included in the original Environmental Assessment, the City is required to submit an additional limited-scope EA. In order to agree to this compromise, the State Department of Natural Resources Office of Habitat Management and Permitting, requires that the City purchase and preserve nine parcels, to maintain the functional value of the wetlands. They further require the levee be moved approximately 120' to the south (putting the levee into the Poplar Street right-of-way). By moving the levee to the south, it is moved closer to existing homes. However, by preserving the parcels immediately north of the homes, there remains one entire parcel between existing homes and the levee/road, and those parcels will now be protected from future development. This compromise agreement requires Council approval before the agencies will agree to move forward. Once approved, administration will forward Property Purchase Agreements to Council for 59 CITY OF SEWARD RESOLUTION 2007-0'ii PAGE20F2 approval. The City's contractors will finalize a new limited-scope EA for distribution, will complete design of the final alignment, and will re-submit permit applications based on the alignment. The estimated timeframe for completing the EA is approximately 90 days from Council approval. Once the EA is complete, it will be distributed for a 30-day public comment period. Once approved, the permit applications can be submitted. 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: FISCAL NOTE The City has $1,729,783.70 remaining in grant funds from the National Resource Conservation Service to pay the remaining costs of the levee project. Total costs are estimated at $2.7 million, including construction costs ($2.2 million) and property acquisition costs ($500,000). The City has requested both state and federal funds to complete this project, but has not been awarded additional funding. Approved by Finance: ~ RECOMMENDATION City Council authorize the 2007 Red Line alignment for the Japanese Creek Levee/Road, and authorize the administration to pursue property acquisition. 60 ABBREVIATIONS APF"R'j): C, CI.lF C(;r'lST COF GET W ". Dwe; " EL,ELEV EO? " [Sin [XIS7 Fe f&1 n '" G/..LV CD GR c;, 1-i~'<iZ j.... " ,],T IN" -' LT IJ;~. , Mill I~O" "rs ':T$ 0e 0" " PW " " f>VI.': ;'~l>"O;':IW.T( ca.m::p. UNLC~~SS CORRUGA7EO M<T.o.L PIPE COI,,$lR;JCT .::Of>'IEP CU,<,ll !:.....11EifP {)~.IVEw;., i)~AWlflG USl eLeCT"'..... U... E-"CH <:LE-I.' TlO!~ EM: cr P",C.'E(;, [Q(;[ or P~.'!WEl-_l E4SEM!::I:T <:/:IS'ING rO'JHO rIN.SI1C,F.o,DE ,1Jf(NiS" &: n'~Sl,\LL ~OOT, FEET GAS G"'L'GE C-A....'!<I-lIZf.O "ROUllG GP....O[ HO!<IZONT~L i1'1VE~: ELE\',"'TK':~ !N"'E"l::EC~iOI< iNVERT LE',CT" ~ilitt<fi ,EE" LEr: w.xa~UI,; MI,NUrACWREp. ~lINrMUM ~'.0i..iJM::1F I'IO<;TH ImN FRJSl SLSCEPn~L!: "lOT TO SCJ..l[ 01, C[fHE;:; JV[F,HEAD "Olin OF CUR""~ TURf:: ~EOt:STK POINT Of INTt:RSECliOt>: PROPER'!':" ~J.I[ POWER P'JLE FLVEM[IH R/lOIUS,RC::OF.{: ,/ ~/ , ( Z$ 21 -'--j~T;~- : , , , )' / RC' ",:J'/! SO^ s:.;.; 5cl~O S'-<i SPEC ST.:" Teli TEl.T 1t!~P TR~NS TYl'" " WI '1</0 -T----- --,- I ~o,..s Rlo;;H- OF I<.oDIVSPOI"" RIGH; SOl 'H. 5l::JPE SEC~IOH S.::;HEDVLE SriO'JL:JER <;;riECT ";P\:';I"lCA:IQ,",S 5T<110" 1n<POR~p.~ 6ENCH MARK TELE?H()I,j~ TEM"OR~P"- ;?Al'S!1"lCN, TP.AI-lsnjR~1EF' T1'?tCAl UNDE'<'"..;RO'JND wesT WATi;:R WITH WITHVUT CURVE c' C' C3 C' ",r,"~~1'~~." (.~..., ,.. , \~~) ~ ~ E ~ i" , < " 0 0 I ~ ~ ~ < ~ .. -----..-- z 0 ~ z -; ~ "< < " :1 !;~ 3' r-------n-n-n-n- I LEGEND 0H"--- PROPOSED CEKT'ERUNE LME/ROAO OAYUGHT c.-.TCH POINT (APPROXIMATE) RCW>/lEYEt SHOIJlOER RQAD/lEVEC PAVEMENT EXISTING OVERHEAD POWER LINE EXISTING POWER POLE EXISTING TREE UNE (APPROXIMATE) RIGHT Of WAY/PROPERTY UNE SIGN "" SEE SCHEDULE SHEET 22 PROPOSED RIGHT Of WAY FEMA-FIRM 100 YEAR flOOD LIMIT EDGE Of WATER -... '. tl /,' / II , (' . / / ----::;/ CPI21 ,I PRO..ECT &NO<lolAllK -.~/~~CotITRCX. R'II.il>\. EB .0970 \ I I ( I I "- "- \ -'- / -'- PRELIMINARY-NOT FOR CONSTRUCTION G)~c~V!.%7~~!.,~~D / SHEET INDEX AND ABBREVIATIONS ,I a t:J ~ ~ 8 ---Ja -J ~ l/) <({ ~ ~ ~~ ~ ~ ~tg~ lL. tnt58 Ow" 0:: <;( x' 6 G.:~C5 ::t<;(~ tt t ~ ~ VJ c ~1!VJtC'l w.:. 9940 D"...."1i B" ." CH::t..war ." OAT(:07/07/% ~C~.:..ES HOTtO l<ORlZ ~TEO V~fr NOlrD Sl<~L! 201' 2: z (J) 29 ~ ~ a \ \ t" ~,8, 5 c )...j ~ ~ ~~ ~ ~~ -c: April 4, 2005 Wm. J. Nelson & Associates 215 Fidalgo, Suite 204 Kenai, AK 99611 RE: Direction given on the North Forest Acres Levee Alignment Alternatives Dear Mr. Nelson: This is a written letter outlining the direction the Seward City Council gave you at the March 29 city council meeting. We have attached your 3 pages of graphics for reference. In pursuit of alignment alternatives for our North Forest Acres Levee Project, our understanding is we will pursue the yellow alignment as noted on sheet 1 of3. We will then pursue the yellow alignment as noted on sheet 200. We then want to pursue the northernmost, or red alignment as indicated on sheet 3 of 3. One portion of the route that was not discussed that night was from the last portion indicated on sheet 3 of 3 to the Seward highway. Since this will be coordinated with DOT, please know our wishes are to take this last portion as far north as we can. I hope this clarifies what we decided as a group on March 29. If you have any concerns or questions with this letter, please forward them to our city clerk, Jean Lewis, who will make sure we are notified. Sincerely, Vanta Shafer, Mayor City of Seward, Alaska 63 c~~&~~ @~ &~~~ DEPARTMENT OF NATURAL RESOURCES OFFICE OF HABITA T MANAGEMENT AND PERMITTING SARAH PALIN, GOVERNOR 550 WEST 7TH AVENUE, SUITE 1420 ANCHORAGE, ALASKA 99501-3566 PHONE: (907) 269-8690 FAX. (907) 269-5673 March 2, 2007 Ms. Kristin Erchinger City of Seward PO Box 167 Seward, AX 99664 Dear Ms, Erchinger: Re: Forest Acres Levee/Road - Seward Flood Mitigation Project On February 9,2007, representatives from the Alaska Department of Natural Resources, Office of Habitat Management and Permitting (OHMP) met with City of Seward staff to discuss the Forest Acres Levee/Road proj ect. A list of meeting attendees and a meeting summary is attached. As a result of that meeting, OHMP is providing the City of Seward with possible mitigation options for this project. From a fisheries perspective, OHMP biologists continue to recommend that the road/levee alignment be located as far to the southwest (as close to the edge of the floodplain) as possible. The alignment has been the issue that has created the most controversy with this project. After discussing this with the City of Seward, it is clear that OHMP's recommended alignment is not acceptable to the Seward City Council. The City of Seward proposes an alignment to the northeast that is further into the floodplain. This proposed alignment would require the relocation of Japanese Creek into a historical channel. This would also significantly reduce the length of the Japanese Creek stream channel. Should this be deemed the only acceptable alternative to the City of Seward, OHMP would expect compensatory mitigation, in accordance with Alaska Statute 41.14.870. OHMP recommends the following compensatory mitigation be considered. . Purcl\\lse and preserve existing wetlands along the floodplain in areas that would be southwest of the proposed road/levee. These parcels have been identified as DB, DC; DE, DF, DG, SS, RR, QQ and TR 4. Although surface water flow from these wetland areas would be isolated from the Japanese Creek and the Resurrection River, the functional values ofthese wetlands (such as groundwater recharge, storm water attenuation and filtering) would remain if these wetlands were preserved. . Align the new levee/road to a location that would allow the realignment of the entire length of Japanese Creek. The new channel realignment should be constructed with fish habitat components and should be approximately the same length as the existing channel. "Develop, Conserve, alld Enhance Natural Resofiis for Present and Future Alaskans." Jistin Erchinger 2 lVlarCI1 L, LVV / . Should the realignment of the entire length of Japanese Creek not be possible, OHMP recommends that fish habitat enhancements be added to the new channel and the downstream end of the existing channel. These enhancements could consist of off-channel rearing ponds and possible spawning habitat improvements. ADF&G and OHMP biologists have been involved in successful fish habitat enhancement projects in the Seward area and can provide assistance in enhancement design. . Off-site enhancements and/or wetland protection measures could also be considered as compensatory mitigation. In general, off-site compensatory mitigation is only considered if there are no reasonable on-site, in-kind, mitigation alternatives. OHMP continues to recommend that every effort be made to locate the alignment near the edge of the floodplain. However, OHMP understands that with any of the alignment alternatives there would likely be significant impacts to Japanese Creek. All alignments would require some realignment of Japanese Creek or the placement of floodgates on the Japanese Creek culverts through the dike. This would be extremely costly and it is somewhat questionable how effective these flood gates would be in protecting Forest Acres Subdivision. Please be aware that other agencies may not necessarily agree with our recommendations in accordance with their own authorities. OHMP is providing you with these comments and recommendation in a good faith effort to allow the City of Seward to continue project planning and design in a manner that does not negatively impact the important resources ofthe area. Thank you for your efforts on this project. We recognize that this proposal has had a tremendous amount of community interest and resource agency issues. Please contact me at (907)269-6987 or Habitat Biologist Lee McKinley at (907)260-4882 if you have any questions. Sincerely, .~.1t~K Stewart Seaberg U Habitat Biologist Office of Habitat Management and Permitting cc: L. Harnmarstrom, ADF&G M. Miller, ADF&G M. Fink, ADF&G L. McKinley, OHMP J. He\yitt, COE W. Nelson, Wm. J. Nelson and Associates R. Reich, HDR Alaska P. Neagle, NRCS Attachment 65 Sponsored by: Yoder Date first reading: April 23. 2007 Approved: CITY OF SEWARD, ALASKA RESOLUTION 2007-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RESOLUTION #97-003 TO PROVIDE FOR A WAIVER OF LAND MANAGEMENT, SIGN AND PLATTING FEES FOR CITY OF SEWARD DEPARTMENTS WHEREAS, departments of the City of Seward occasionally require certain land use-related permits and approvals that require fees to be paid; and WHEREAS, as a matter of policy, land use permit and approval fees have been heretofore waived for City of Seward projects without explicit authority; and WHEREAS, a formal waiver of fees is appropriate to avoid administrative and accounting paperwork to shift funds from one City of Seward account to another; and WHEREAS, this action is an administrative housekeeping measure requested by the Community Development Department; and WHEREAS, no fiscal impact is anticipated as a result of this action due to current practices and the infrequent permit requirements of the City of Seward; and WHEREAS, agreeing to waive such fees can make the projects more affordable, and require less shifting of monies between City Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The "Schedule of Filing Fees" is hereby amended by adding the following: "The City of Seward and all Funds and Departments of the City are exempt from any fees otherwise payable to the City for land management. signs, zoning and platting." Section 2. The revised "Schedule of Filing Fees" "Attachment A" is hereby adopted in the form presented at this meeting. Section 3. This resolution shall take effect immediately following adoption and posting. 68 CITY OF SEWARD RESOLUTION 2007-042 PAGE20F2 PASSED AND APPROVED by the city council of the city of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 67 Council Agenda Statement Through: April 23, 2007 Marvin Yoder, Interim City Manager W\ D. Scott Williams, City Planner Meeting Date: From: Agenda Item: Waiver to various permit fees for City departments BACKGROUND & JUSTIFICATION: As a housekeeping measure, the community development and city manager's departments are proposing to waive land management, sign and platting fees for City of Seward departments for permits and approvals requests associated with city projects. In the past, the City has not charged fees to City projects and it has been pointed out that in order to be consistent with the Ordinance, the waiver of fees for City departments should be made explicit. This measure will make the land use code consistent with current practices. 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: FISCAL NOTE: The City has not previously charged fees to City projects, so there will be no additional loss of revenues. However, this measure will ensure that City projects do not incur added costs as a result of the need to acquire various City permits. Approved by Finance Department: ~ RECOMMENDATION: City Council adopt Resolution 2007-0L{~ waiving land use fees for city departments for land I management, signs, zoning and platting. 68 Attachment "p:' Fee Schedule Resolution 2007-042 Schedule of Filing Fees Land Management, Signs, Zoning and Platting Conditional Use Permit ................................................................. .... .... ........ $250.00 Campground Permit - Employee (annual fee)............................................. $150.00 Encroachment Permit ..................................................... $50.00 + Recording Fees Land Use (Map) Amendment ........................................................................ $250.00 Lease Amendment ............................................................ $100.00 + Recording Fee Lease Assignment............................................................... $50.00 + Recording Fee Lease Sublet Consent............................................................... ............ $50.00 Non-Conforming Certificate .................................... .................. ....... .... ... ....... $50.00 Preliminary Plat Review.......................................... ........ ... ...................... ...... $50.00 RV, Mobile Home/Camper Park Permit (annual fee) ................................. $150.00 Recording Fees ................................................. (actual- established by State of Alaska) Sign Permit......................................................................................................... $15.00 Site Plan Review....................................................... (included in Building Permit fee) Street Address Assignment ...................................................................... (N 0 Charge) Variance (Land Development Requirement) ............................................ $250.00 Variance (sign) ....................................................................... .......... .... '" ......... $100.00 Zoning District Change (Rezone) ................................................................... $250.00 Zoning Code Appe al........................................................................................ $300.00 'The Citv of Seward and all Funds and Departments of the City are exempt from any fees otherwise payable to the City for land management. signs. zoning and platting." 69 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEW AD, ALASKA, OPPOSING HB 193 WHICH SEEKS TO CHANGE THE COMPOSITION OF THE ALASKA POLICE STANDARDS COUNCIL WHEREAS, the composition of the Council is essential in ensuring that the mission ofthe Alaska Police Standards Council (APSC) is carried out; and WHEREAS, the mission of APSC is to produce highly trained and postively motivated professionals capable of meeting contemporary law enforcement standards of performance; and WHEREAS, having diversity of members from different geographic and demographic areas of Alaska is paramount in meeting this goal; and WHEREAS, HB 193 was introduced, and if passed, would remove three members from the eleven member council, and replace them with three union nominated employees; and WHEREAS, this would change the complexity of the council, and cause a shift in the balance which would favor labor organizations, who may not focus on APSe's mission as their primary concern; and WHEREAS, passage of HB 193 will change the dynamics of the council from an impartial group of professionals who are interested in preserving the integrity of Alaska's law enforcement system and the public trust, to one weighted towards special interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby declares their opposition to the passage of HB 193. Section 2. This Resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of April, 2007. 70 Council Agenda Statement Agenda Item: Marvin Yoder, Interim City Manager Thomas Clemons, Chief OfPOli~ Declaring Opposition to the Passage ofHB 193 Meeting Date: April 23, 2007 Through: From: BACKGROUND & JUSTIFICATION: Senator French is sponsoring, HB 193, which seeks to change the composition of the Alaska Police Standards Council (APSe). The composition ofthe Council is essential in ensuring that the mission ofthe APSC is carried out, which is to produce highly trained and postively motivated professionals capable of meeting contemporary law enforcement standards of performance. Having diversity within the council is paramount in meeting this goal. Currently the council has members from a wide demographic in Alaska, which allows for the consideration of many different perspectives. The bill, if passed, would remove three members from the eleven member council, and replace them with three union nominated employees. This would cause a shift in the balance which would favor labor organiations, who may not focus on APSC's mission as their primary concern. I believe that the primary reason HB 193 was introduced is to affect this type of change, with the ultimate goal of opposing the amendment to 13 AAC 85.090. It has become apparent that certain labor organizations are opposed to amending 13 AAC 85.090, which would mandate that Police agencies report serious misconduct to APSe. Some organizations have negotiated with Officers, that in return for a voluntary resignation they will not disclose the offense to the APSe. That way the individual's certification is not at risk and they are free to apply fot work at a different department. While this may make the problem employee go away for the union and/or employer, it is inexcusable and in effect just pushes the problem onto other communities. This actually enables individuals to continue in their unprofessional and sometimes criminal behavior, which definitely is not in the best interest of the public or other law enforcement professionals. Passage ofthis bill will change the dynamics of the council from an impartial group of professionals who are interested in preserving the integrity of Alaska's law enforcement system and the public trust, to one heavily weighted towards special interests. Other communities in the state are also proposing the same resolution in opposition to HB 193. 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: FISCAL NOTE~Ao1" '7---. .k.ud,~ None ~-v~Tw RECOMMENDATION: Council approve resolution 2007-043, declarin&,?pposition to the passage ofHB 193. . '{1 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A CONTRACT WITH COLASKA INCORPORATED, DBA QUALITY ASPHALT PAVING, UTILIZING THE STATE OF ALASKA COMPETITIVE BID PROCESS, FOR PAVING VARIOUS SECTIONS OF CITY STREETS, AND APPROPRIATING FUNDS IN AN AMOUNT NTE $936,500 WHEREAS, the City of Seward' s Capital Budget has identified $8 million dollars in needed road repairs where the condition of identified roads are considered to be poor; and WHEREAS, on May 8, 2006, the Seward City Council approved Resolution 2006-51, authorizing the city manager to negotiate and execute a contract with Colaska Incorporated, dba Quality Asphalt Paving ("Quality") to pave select side streets, and appropriating $500,000; and WHEREAS, the road repairs were not completed in 2006 due to the contractor's recommendation to wait until the final lift of the paving of Third Avenue during Spring 2007, such that the tie-in of the projects would be seamless, and the City Council hereby determines it is in the public's interest to utilize the services of Quality while they are mobilized in Seward for the final phase of the Mile 0-8 Seward Highway Project; and WHEREAS, Quality has agreed to provide paving improvements to the City of Seward at the same rate as the State of Alaska competitive bid price for the Mile 0-8 Seward Highway Project; and WHEREAS, the proposed project will pave Fourth Avenue from VanBuren to Railway and Dimond Boulevard from Sea Lion Avenue to the end ofthe pavement, in addition to paving the side streets west from Third Avenue to Second Avenue, and east from Third Avenue to Fourth Avenue, as contemplated by Resolution 2006-51; and WHEREAS, Seward City Code 6.10.120 (1 O)(b) authorizes the City of Seward to utilize competitive bids obtained by other governmental units, and Quality participated in an extensive request for proposals with the State of Alaska when awarded the contract for road construction services for Mile 0-8 of the Seward Highway, and Quality has agreed to provide services to the City at the same rate as that competitive bid price offered to the State of Alaska, which is a rate substantially lower than what the City would expect to obtain if submitting their own request for proposals for road repairs, due to the magnitude ofthe project being done on behalf of the State. 72 CITY OF SEWARD, ALASKA RESOLUTION 2007-044 PAGE 2 OF 2 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 negotiate and execute a contract for the road repairs with Colaska Incorporated dba Quality Asphalt Paving, in an amount not-to-exceed $936,500, in substantially the form as attached hereto, Section 2. The Seward City Council hereby finds that it is in the public interest to authorize this contract based on the State of Alaska' competitive procurement process, as authorized by Seward City Code Section 3. Funding in the amount of$936,500 is hereby appropriated as follows: $574,500 is appropriated from the Street Capital Project retained earnings account no, 203-0000-3050; $228,301,79 from the Capital Acquisition Fund retained earnings account no, 103-0000-3050; and $133,698,21 from the General Fund reserves account no. 101-0000-3050, for a total appropriation to the Street Capital Project contract services account no. 203-2030-5390. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Vanta Shafer, Mayor ATTEST: Jean Lewis, CMC City Clerk (City Seal) 73 Council Agenda Statement Meeting Date: April 23, 2007 Marvin Yoder, Interim City Manager f11 W.C. Casey, Public Works Director JL~' I 2007 Paving Schedule Through: From: Agenda Item: BACKGROUND & JUSTIFICATION: In May of 2006, the Seward City Council passed Resolution 2006-51, authorizing the paving of various sections of roads in the Seward City Limits by Colaska Incorporated, DBA Quality Asphalt Paving (QAP). Due to the October 9, 2006 flood event, the $500,000 authorized by Resolution 2006- 51 for paving of Seward's streets was not spent. Again, QAP has offered to pave portions of the City's streets while they have their batch plant set up in the Seward area and are finishing the top lift (2 in.) on the 0-8 Mile State Highway Project. The 2006 Capital Budget identified $8 million in needed road repairs where the condition of specific roads were considered to be poor. Public Works staff has continued to fix potholes and use the asphalt reclaimer machine in an attempt to keep roads and streets in a safe driving condition. Prioritizing specific roadways that appear to be experiencing asphalt failure has been an ongoing process. The scope of work increases with every new year that we delay necessary paving. The Public Works Department has updated their paving prioritization list for 2007. This list has identified 4541 additional feet of deteriorated roadways that need immediate attention. The new scope of work includes additional grinding and paving that can be completed at an additional cost of $436,500, requiring a total expenditure of $936,500. If the City Council authorizes the $936,500 paving expenditure, QAP has offered to complete this scope of work on behalf of the City in conjunction with their final scope of work for the 0-8 Mile Highway Project. With fluctuating oil prices, increasing labor costs, and logistical! transportation challenges (hauling asphalt from Anchorage), Public Works feels that it is in the public's best interest to utilize the expertise of QAP' s services for paving these additional sections of deteriorated roadway in the summer of 2007. 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: FISCAL NOTE: Approved by Finance Department: J!Ivu 74 CITY OF SEWARD RESOLUTION 2007-04'-1 PAGE 2 OF2 RECOMMENDATION: City Council approve Resolution 2007..lfL.J authorizing the City Manager to enter into a contract with Colaska Incorporated, DBA Quality Asphalt Paving, and appropriating funds for a total of $936,500. 75 PAVING AND GRINDING AGREEMENT BETWEEN THE CITY OF SEWARD AND COLASKA INCORPORATED, DBA QUALITY ASPHALT PAVING This Paving Agreement ("Agreement") is entered into by and between the City of Seward, Alaska ("City") whose address is P.O. Box 167, Seward, Alaska 99664, and Colaska, Inc., dba Quality Asphalt Paving (the "Contractor" or "Quality"), whose address is 240 W. 68th, Anchorage, Alaska 99518, (collectively, the "Parties'). RECITALS A. WHEREAS, the Contractor has entered into a contract with a third party, the State of Alaska Department of Transportation and Public Facilities ("State"), wherein the Contractor has agreed to provide road construction and paving services for the State of Alaska's Mile 0-8 Seward Highway Project; and B. WHEREAS, Contractor's contract with the State of Alaska Department of Transportation and Public Facilities was the result of a competitive bid procurement process, and said Contractor has agreed to provide paving and grinding services to the City of Seward at the same price offered to the State of Alaska in its Mile 0-8 Seward Highway Project, for numerous paving projects located within the City limits of the City of Seward, Alaska; and C. WHEREAS, Contractor has further agreed to provide traffic control necessary to complete the project, and to complete the project by June 1,2007. NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants and conditions herein contained, the Parties agree as follows: CONTRACT PROVISIONS 1. Contractor hereby agrees to provide paving and grinding services to the City of Seward at the prices offered to the State of Alaska on the Mile 0-8 Seward Highway Project, according to the attached "Scope of Work". 2. Contractor hereby commits to providing all traffic control for the work they perform under this Agreement, within the quoted price. 3. Contractor hereby agrees to complete the paving and grinding for the City of Seward prior to June 1, 2007, based on the attached "Scope of Work", to include installation or repair of all downtown curb ramps for wheelchair access. 4. The City of Seward hereby agrees to be responsible for leveling and preparing water mainline valves and manholes on Fourth Avenue. PAVING AND GRINDING AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND COLASKA, INCORPORATED Page 1 76 5. The City of Seward hereby agrees to pay Contractor within 30 days of receipt of invoice for all completed work, provided the Parties are in agreement on the portion of work completed. The total project cost will not exceed $890,269, without written authorization in the form of a change order. 6. Parties hereby agree that any surplus Recycled Asphalt Pavement resulting from grinding and leveling will be used as sub-base material on Phoenix Street. 7. This Agreement may be executed in any number of counterparts and by each party on a separate counterpart or counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute but one and the same instrument. ADDITIONAL PROVISIONS 1. Contracting Officer: The Contracting Officer and the only person authorized by the City to administer, modify, or change this Agreement is the City Manager or his designee. 2. Term of Work. The Contractor is authorized to commence work immediately. This Agreement shall become effective when the last required signature is affixed hereto, and shall continue in full force and effect through the earlier of June 1, 2007, or 60 days following approval of the Resolution authorizing this Agreement. 3. Insurance. The Contractor shall provide workers' compensation insurance at statutory limits, general liability and contractual liability insurance in the amount of Two Million Dollars ($2,000,000) total and One Million Dollars ($1,000,000) per occurrence, and comprehensive automobile liability insurance (covering bodily injury and property damage including all owned, hired, and non-owned vehicles) in the amount of One Million Dollars ($1,000,000) per occurrence, with the City as an additional named insured. The Contractor shall provide certificates documenting all required insurance to the City prior to execution of this Agreement. Such insurance must provide that City shall be given Thirty (30) days' notice prior to any cancellation, termination, or non-renewal of the policy. 4. Indemnification. The Contractor agrees to indemnify, defend, and hold harmless the City (including its employees, officers, and agents) from any and all claims, liabilities, causes of action, and demands, of any character or nature whatsoever, arising in favor of third parties and arising out of or relating to this Agreement or the performance of any Work or obligations hereunder. 5. No Assignment. The Contractor may not assign its rights and benefits under this Agreement without the express prior written consent of the City. PAVING AND GRINDING AGREEMENT BETWEEN CITY OF SEWARD. ALASKA AND COLASKA. INCORPORATED Page 2 77 6. Amendment. This Agreement may be amended, modified, or extended at any time by mutual agreement of the Parties. Any such amendment must be in writing, dated, signed by the Parties, as attached hereto. 7. Choice of Law and Venue. The Parties agree that this Agreement shall be governed by the laws of the State of Alaska, and venue for any dispute shall be in Anchorage, Alaska. 8. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to this matter. There are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained herein, and any prior oral or written understandings are hereby extinguished. 9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered by their respective representatives, thereunto duly authorized. CITY: CONTRACTOR: CITY OF SEWARD, ALASKA COLASKA, INCORPORATED BY Marvin Yoder, Interim City Manager BY Its ATTEST: Jean Lewis City Clerk, CM BY Its PAVING AND GRINDING AGREEMENT BE1WEEN CITY OF SEWARD, ALASKA AND COLASKA, INCORPORATED Page 3 78 ~:n I\C"U.t\e.~T "fI(' scope. Of ""OR"- $ 79,3~3 $~~~,658 $ 9,926 $232,750 $ 20,000 PlU",A"'! p~All \_olIpd in 2006)' Plioeni~ Road \pa\l\ng) Side street \pa\ling) Side street \grinding) 4\'f1 f,\\Ienue, \Ian euren to Jefferson Drainage structures 0"" \0 Qc\obO' 2006 \IQOd, ,0<\0"'" ,,,,,,\\09 t' A,.nue Eas\ \0" A,enue, an~ frofO 310 f,\\Ienue E.ast to 4 f,\\Ienue t' A,enue 8>s\ \0 3" A,enoe, a~ frofO 310 f,\\Ienue E.ast to 4 f,\\Ienue Q\lerla)l four eacli at $5,000 per structure subtotals: pa\ling @ $2.40IS(\, ft Grinding @ $2.001S(\' )ld:. Drainage @ $5,000 per $423,72~ $ 9,926 ~ $453,647 $2~9,240 $ ~9,488 To\a\~ pa\ling Grinding I\dded l\\tefOate #"\ : . ," A,.nue, JeIIelson \0 "a"way (pa"ng) ," A"""oe, jel\elSon \0 ....ilW8Y (gnndI09) To\a\~ $238,728 $~8~,740 $ ~6,~54 -J. (j;) Added AI...n'" #2' . ,e \0 end 01 pa,e",e'" DifOond eoule\lardd' ssea ~:~\I~' to end of pa\lefOen\ DifOond eoule\lar , ea pa\ling Grinding $"\97,894 Tota\: pri..at'/ + ""ded AI...nate #\ = $~:~1.\...,269 pri"ary + Added Alte...... #I: 10' contingencY = $936.500 pri..at'/ + !lOll> Added Alterna e' p page' . "sW'- />-NO coLAsW'- INCORPOAAiF-O BE"""" CIT! Of sow"'o, A~ ' p/>-\I\NG />-NO GRINOING />-GREEt.AEN1 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37, Page CALL TO ORDER The April 9, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. APPROVAL OF A There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson ROLL CALL comprising a quorum of the Council; and Marvin Yoder, Interim City Manager Jean Lewis, City Clerk ABSENT - None CITIZENS' COMMENT FOR PUBLIC HEARl Approval of Agenda and Consent Agenda the School Board Report to be added onto the agenda. Unanimous ng approved consent agenda items: The March 27,2007 regular city council meeting minutes were approved. John French was re-appointed to the Prince William Sound Regional Citizens' Advisory Council, with a term to expire May, 2009. Resolution 2007-034, accepting a grant in the amount of $2,430.24 from the Alaska Highway Safety Office for 2007 third quarter ASTEP Seatbelt Enforcement Campaign and appropriating funds. 80 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37, Page Resolution 2007-035, accepting a grant in the amount of $1,518.90 from the Alaska Highway Safety Office for 2007 third quarter ASTEP Driving Under the Influence (DUI) Enforcement Campaign and appropriating funds. Resolution 2007-036, appropriating lapsed matching grant funds back to the general fund undesignated fund balance account in the amount of $50,000. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read for National Telecommuni Judy Parris was presented with a Police Office Allen King was presented with a Correcti Certificates of completion for the first Citizen's P Chief Tom Clemons. nn H stated budget and funding were hamber of Commerce wrote a letter t to approve the budget as presented e reinstatement of as many staff as possible ational budgets in both the House and Senate e distric s conducting an annual review of its Wellness site. Hohl stated that resignations were accepted chers Herb Wottlin and Steve Pautz. Work sessions had been ka School Public Land Trust. o orough Assembly Representative Ron Long thanked the counCl or school funding. He thought it was important to remember when lobbying in J area cost differentials not just formula funding, and to convince legislators from 0 s. An ordinance forming a motor pool to appropriate funds for a nine vehicle pool failed as being reconsidered. Long did not feel the votes would be there to overturn it. There much debate in changing the sales tax from 2% to 3% and reducing the mill rate to gain a net positive of $4 million dollars for the Borough. It was feared there would be a potential to lose the Agrium and Conoco-Phillips plants. A proposed amendment failed and a 3% sales tax passed by a narrow margin. A resolution setting the mill levy would be coming soon. Although PIL T had been dwindling for the past few years, Long was optimistic that it would be funded at lOO% this budget cycle. Other upcoming ordinances being proposed were the annual ordinance to set contributions to the school district, and requiring all roads be built to specifications 81 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37, Page before subdivisions and platting. He reminded the council that Seward would be hosting the Assembly for their annual meeting May 1, 2007. In response to questions, Long spoke ofthe computer and dispatch system and frequencies project, flood service area mitigation plans, funding for the Kenai River Center programs, and building expansion of the Kenai River Center. City Manager's Report. Interim City Manager Marvin Yoder state,d a community task force was being created for coal dust emissions control. Concerns with the A lease were with the city attorney and should be ready for an upcoming agenda soon. He al ed council he had sent a letter and was keeping apprised of House Bill 222, which dealt w' cruise ship fee. Other items of interest were: ~ Fourth Avenue Paving. Yoder had met with paving of Fourth Avenue through Jefferso 2007. Two alternatives were suggested: including side streets, and paving a p so funding was the issue. ~ Forest Acres Levee. The permitting process was cumbersome with all the various agencies like FE and the State. ed like a private firm would have to be hired which ou and ification of the existing levee would be tough. He was not d be easily completed and would have more answers at a later da ee route was still on the north side of the creek, bu t would g the old red line route. The creek would have to be relo mond t rrection Creek, and the city would have to purcha lots to tu mto conservation to keep wetlands. ... ~ ment De artment. Planner Scott Williams had resigned and . the Director position was not funded in the budget. He ription and council would have to make decisions on how re ization. Since quite a few ordinances had conflicts, Williams , g on cleaning some of those up from his home in Fairbanks on an ent or contract. ~ IC Rim. Yoder had met with Mr. Harris, Director of North Pacific Rim Hou . Mr. Harris and said North Pacific Rim was very interested in constructing housing in Seward and there may be a way to tie in public safety housing. Harris also mentioned they were interested in land at SMIC for a secondary home manufacturing business. Yoder stated further talks would be required. Yoder also spoke of a grant application from USDA received for utility construction, and thought a Community Development Director could be a possibility to put a package together. He notified that a citizen wished to purchase land from the city across the bay, and stated council would have to look at the comprehensive plan and decide whether to sell or not. Yoder also mentioned that 82 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37. Page insurance claims were higher than expected and the city would possibly have to pay additional premiums. In response to questions, Yoder stated sidewalk repairs were not part of the paving proj ect. Police Chief Tom Clemons stated the Alaska mobile radio project was trying to get on line, and that it was true the State Troopers had went digital and was now totally dispatched out of Soldotna. A system upgrade was in the works, but it would still only be able to contact the Troopers when they wanted the city to. PUBLIC HEARINGS - None Resolutions Port and Commerce Advisory Board Report. Board member Ro made their final draft ofthe SMIC Development Plan, and it was heading Commission for their comments. After a joint work session it should final approval. UNFINISHED BUSINESS - None NEW BUSINESS Resolution 2007-033, authorizing the professional services for the Gateway t appropriating funds. enter i n agreement with CRW for ater storage tank project and Yoder wanted to continuing the work w' ady for next grant application this fall. By for this grant. Approve Resolution 2007-033 h the timeframe involved, he thought the design should go give the city more points for the application before it was ready for a Motion Passed Unanimous OTHER NEW BUSINESS Council set a work session to discuss procedures, ideas, funding and site location for the electric and public works shops for Monday, April 23 at 6:00 p.m. It was decided that no council member would attend the Rural Energy Conference sponsored by Alaska Energy Authority (AEA) in Fairbanks April 24-26, 2007. 83 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37, Page A discussion ensued on eventual repair ofthe boardwalk by the lagoon. No decisions were made. INFORMATIONAL ITEMS AND REPORTS ()VO action required) Fourth Quarter of 2006 City Financial Reports. Bardarson gave her condolences to the residents of the Seavi She commended the fire department for their quick response. Sh s addressing the coal dust issue and thought it was a great step fo he infi that Seward had just been rated the #1 drop offport in the wor Celebrit Caribbean Tours. Schafer had a nice Easter and hoped everyo COUNCIL COMMENTS to see the city financials back in ed to pass an ordinance y. Valdatta complimented Long and th borough subdivisions. g house numbers on homes in the Dunham notifie Easter. He had trav consulate. Dunham be nice to invite directors to ber Thomas had a half-century birthday on Issue 0 the postmistr soon. Shafer disp of, during the May had a greater resp fundraiser. er ould be a task force established by the ARR to examine the sday, Aprilll, 2007 at the Edgewater Hotel. She had spoke with Ice and was informed that the Seward stamp would be coming back ugly witch on a pedestal that she had recently been the proud recipient p race held last weekend. After her tumbles from the dog sled, she now for sled dog racers! She thanked the lditarod Trail Committee for their CITIZENS' COMMENTS Ron Long stated there had been a lot of public testimony during the process of updating the SMIC Development Plan and he appreciated it. 84 City of Seward, Alaska April 9, 2007 City Council Minutes Volume 37, Page Lynn Hohl, referring to the property on the bench across the bay, stated the comprehensive plan requested a development plan for that area so it was not piece-mealed, and urged the council to subdivide now and figure out the best use of the land. She thought it would then generate more interest. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT Jean Lewis City Clerk The meeting was adjourned at 9:00 p.m. (City Seal) 85 AGENDA STATEMENT Meeting Date: April 9, 2007 l ,- -" Johanna Dollerhide, Assistant City Clerk A ~)-. J Non-objection to the Liquor License Renewal for the following businesses: American Legion Post #5, Apollo Restaurant, Christo's Palace, The Crab Pot Restaurant, Oaken Keg #2728, Ray's Waterfront & Grill, Tony's Bar, Tony's Liquor Store From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the application for the liquor license renewal for the following businesses: * American Legion Post #5 (Club License) * Apollo Restaurant (Restaurant/Eating Place License) *Christo's Palace (Beverage Dispensary License) *The Crab Pot Restaurant (Restaurant/Eating Place License) *Oaken Keg #2728 (Package Store License) *Ray's Waterfront & Grill (Beverage Dispensary License) *Tony's Bar (Beverage Dispensary License) *Tony's Liquor Store (Package Store License) The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the renewal liquor licenses for the businesses listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Council expresses no objection to the Liquor License Renewal Application for the American Legion Post #5, Apollo Restaurant, Christo's Palace, The Crab Pot Restaurant, Oaken Keg #2728, Ray's Waterfront & Grill, Tony's Bar, and Tony's Liquor Store. 86 Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Chief Tom Clemons - Police Department Chief David Squires - Fire Department Johanna Dollerhide, Assistant City Cler~~ V Verifying Compliance for the renewal of the Liquor License for the American Legion Post #5, Apollo Restaurant, Christo's Palace, The Crab Pot Restaurant, Oaken Keg #2728, Ray's Waterfront Bar & Grill, Tony's Bar, Tony's Liquor Store MEMORANDUM Date: April 9, 2007 To: From: Subj: L' APR 9 Z007 ~----~ The following businesses have applied for a renewal for Alaska State Liquor License. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials American Legion Post #5, #53 (Club License) Finance/Leases FinancelUtilities Police Chief Fire Chief Apollo Restaurant, #3230 (RestaurantJEating Place License) Finance/Leases FinancelUtilities Police Chief Fire Chief Christo's Palace, #822 (Beverage Dispensary License) Finance/Leases Finance/Utilities m- Police Chief tJ It Fire Chief tit The Crab Pot Restaurant, #4496 (RestaurantJEating Place License~ Finance/Leases ~ FinancelUtilities Q.!.L Police Chief f7 rc. Fire Chief ~ 87 b"~U 6)k- OJe. nt:- cJ_ OiL die'" ot t~ j(l-\ ~ tuL ~ ~tt- ~'-\ ~ tic IGKJZ ~ Oaken Keg #2728 (Package Store License) _ J. Finance/Leases 15tL FinancelUtilities G-1L Police Chief (J (t.- Fire Chief () IL Ray's Waterfront Bar & Grill, #2790 (Beverage Dispensary - Se~ License) Finance/Leases FinancelUtilities (i.I- Police Chief ~ It- Fire Chief 0 t- Tony's Bar, #1153 (Beverage Dispensary License) Finance/Leases Finance/Utilities Police Chief Fire Chief Tony's Liquor Store, #1154 (Package Store License) Finance/Leases Finance/Utilities Police Chief Fire Chief &fG ~. pt:; Of tiL ~"'-- ~IL 'Of:.- 88 ~ It1 ~ ru- ~ ~ ~ <(-I ~ J:6 , ttIL- ~ 1;G-. --- ntllt-jU-cUUI t'ltl Ul:l; It> AI1 l\I:.NAI t'I:.NN tlUl\UUliH GU.l<K fAX NO. 907 262 8615 p, 01/01 -. " '........... -.~~ .. KENAI PENINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA. ALASKA . 99669-7599 BUSINESS (907) 714-2160 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us ~ ~ March 30, 2007 RECEIVED MAP <( \ " ()?{'{'1 ,-Ul) Of:F "' .". iCE Of: T (,lfv CII- Hr:: " . - -Rv '" ......," f\ SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor Licences #53, #882, #3230, #4496, #4334, #1154, #1153,#2709 Dear Ms. Williams; Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the establislunent(s) located within the City of Seward, Alaska: Club American Legion Post (#5) #53 Bevera~c Di~pensarv Christo's Palace #882 Resta.nrantlEatinS! Plaee Apollo Restaurant #3230 Re!ltaurant/EatiD~ Place Public Convenience Crab Pot, Inc. #4496 Packal!e Store Beveral!e Dispensarv Seasonal Eagle Quality Center #4334 Ray's Waterfront #2709 Tony's Bar & Liquor #1154 & #1153 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no obj ection based on unpaid or delinquent taxes. Sincerely, Sherry Biggs, Borough Clerk cc: Applicant City of Seward KPB Finance Department 89 Page 1 ot L Johanna Dollerhide From: Dawn R. Holland-Williams [dawn_holland-williams@dps.state.ak.us] Sent: Monday, March 19,20071:19 PM To: Yakutat (1 of3); Yakutat (3); Yakutat 2; Sitka; Petersburg; Juneau; Beth McEwen; Craig; Duke, Jacqueline C.; Susan Lee; Mat-Su Borough; Lake & Peninsula Borough; Kodaik; Ketchikan; Ketchikan (2); Ketchikan GB; Ketchikan@claalaska.com; Kenai Pen Bor; Wasilla; Palmer; Houston; Homer; Kachemak; Seldovia; Johanna Dollerhide; Jean Lewis; Soldotna; Haines; FNSB; Fairbanks; Fairbanks (alternate); Nome; North Pole; Denali Borough; Bristol BB; Valdez; Coffman Cove; Cordova; Delta Junction; Dillingham; Gustavus; Hoonah; McGrath; pelikan@ptialaska.net; Skagway Subject: Renewal Notification - Multi Use Follow Up Flag: Follow up Flag Status: Red Attachments: Renewal List - LGB Notification List.xls Dear Local Governing Body: First, I must apologize for the lateness of this email notification. Due to staffing issues, the ABC Board has not had the opportunity to notify you of a large portion of the renewal applications that have been accepted for renewal for the 2007/2008 renewal period. You may have been notified of some of the license renewals listed previously, please either disregard, or, respond a second time. For your convenience, I've included a column on each attached spreadsheet for either approval or denial of renewal. For those that you wish to "Protest", you must submit a reason for protest within 60 days of this notification. Municipality of Anchorage; City & Borough of Juneau: I'm aware that this is not your normal way of receiving notification. Please bear with me and my limited (non-existent) staff. I1we will get your information to you as soon as possible. We have received the following application(s) for renewal of liquor licensees) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included (attached). A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.51 O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.1 1.420(a), the board may not issue a license or permit for premises in a municipality where 90 3/29/2007 Page 2 of2 a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation Of ordinance has been approved. Under AS 04.1lA20(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11A20(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11 AOO(g), 15 AAC 104.335(a)(3), AS 04.l1.090(e), and 15 AAC 104.660(e) must be approved by the governing body. 91 3/29/2007 Seward Seward Seward Seward Seward Seward Seward Seward Seward Seward Club Restaurant/Eating Place Beverage Dispensary Restaurant/EatIng Place-Public Convenience Beverage Dispensary-Tourism AS 04.11.400(d) Package Store Beverage Dispensary-Seasonal Beverage Dispensary Package Store Beverage Dispensary to N 53 Amencan Legion Post #5 402 5th Avenue 3230 Apollo Reslaruant 229 4th Ave 822 Christo's Palace 133 4th Avenue 4496 Crab Pot Restaurant, The 303 Adams St 2346 New Seward Hotel/New Seward SaloorV Lot 16 Block 9 4334 Oaken Keg #2728 Mile 1.5 Seward Hwy 2790 Rays Watertront Bar & Grill 1316 4th Ave. 1153 Tony's Bar 135 4th Avenue 1154 Tony's Liquor Store 135 4th Ave 1245 Yukon Bar ~ 4th & Washington American Legion Club Post #5 Konstantinos Kanaras Manolakakis Inc Crab Pot Inc. Snow Den Enterprises tnc Carr-Gottstein Foods Co Janaska Corporation Seward Alaska Ventures Inc. Seward Alaska Ventures Inc. Yukon Tender loc PO Box 306 PO Box 1443 PO Box 830 PO Box 2447 PO Box 670 PO Box 29096 MS 6531 PO Box 1750 PO Box 110625 PO Box 110625 PO Box 992 Seward AK Seward AK Seward AK Seward AK Seward AK Phoenix AZ Seward AK Anchorage AK Anchorage AK Seward AK 99664 2008 99664 2008 99664 2008 99664 2008 99664 2008 85038-9096 2008 99664 2008 99511 2008 99511 2008 99664 2008 nJ KPMG LLP Suite 600 701 West Eighth Avenue Anchorage, AK 99501 Independent Auditors' Report The Board of Directors Seward Association for the Advancement of Marine Science: We have audited the accompanying statements of financial posltion of the Seward Association for the Advancement of Manne Science (Association) as of September 30, 2006 and 2005, and the related statements of activities and cash flows for the years then ended, These financIal statements are the responsibility of the Association's management. Our responsibility is to express an opmion on these financial statements based on our audits. We conQucted our audIts m accordance with auditing standards generally accepted in the Umted States of America and the standards applicable to financial audits contained in Government Auditing Standards, lssued by the Comptroller General of the United States. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of matenal mIsstatement. An audit includes consideration of internal control over finanCIal reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opimon on the effectiveness of the Association's mternal control over financial reportmg. Accordmgly, we express no such opinion. A.n audit also includes examining, on a test basis, evidence supportmg the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estJmates made by management, as well as evaluating the overall financial statement presentation. We beheve that our audits provide a reasonable basis for our opinion. In our opimon, the financial statements referred to above present fairly, lD all material respects, the financial positlOn of the Se\vard Association for the Advancement of Marine SCIence as of September 30, 2006 and 2005, and change m its net assets and Its cash flows fOT the years then ended in conformity with U.S. generally accepted accounting pnnciples. In accordance with Government Auditing Standards, we have also Issued our report dated December 6,2006, on our conslderatlOn of the Association's internal control over financlal reporting and our tests of its comphance with certain laws, regulations, contracts and grant agreements and other matters. The purpose of that Teport IS to describe the scope of our testing of internal control over financial reporting and comphance and the results of that testing, and not to provide an opmion on the internal controls over financial Teporting or on compliance. That report IS an integral part of an audIt performed in accordance with Government Auditing Standards and should be considered 1D assessing the results of our audlts. 93 :<.PivlG LLP Q U.S limited liability ;J<!rtne(sh,p, is ti~e U,S ;)1ember firm of KPMG IntematiQrlal, a SV1:.SS cooperative , I , i IMJ , 1 1 1 Our audits were made for the purpose of forming an opinion on the basIc financial statements taken as a whole. The supplementary mformation presented in the schedule is for the purposes of additional analysis and is not a required part of the basic financial statements. Such infonnation has been subjected to the auditing procedures applied in the audits of the basic financIal statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. 1 j KPMG- LCP 1 December 6, 2006 1 J '1 I i 'i . j ~ '~ ',~ ~ , 'I j , j 1 J '2 94 SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE Statements of Financial Position September 30, 2006 and 2005 Assets Current assets: Cash and cash equivalents Restricted cash (note 5) Investments (note 2) Receivables, net (note 3) "" Prepaid expenses Inventory .., Total current assets Facilities and equipment, net (note 4) Restricted investments (note 2) ..,;J.~ ,:\ ,,," I Liabilities and Net Assets Current liabilities: Current portion of notes payable (note 7) Accounts payable and accrued expenses Accrued salaries and related taxes payable Deferred revenue Total current liabilities Notes payable, less current portion (note 7) Total liabilities Net assets: Unrestricted Temporarily restricted (note 5) Total net assets Commitments and contingencies (notes 8, 9, and 10) See accompanying notes to financial statements. 3 95 2006 2005 $ 327,483 292,516 1,042,155 1,680,914 68,862 32,938 1,504,814 1,954,328 156,742 126,725 80,469 340,017 3,180,525 4,427,438 46,823,408 47,084,920 781,645 1,262,812 $ 50,785,578 52,775,170 $ 24,197 23,089 812,321 440,903 490,546 760,247 245,178 452,265 ] ,572,242 ],676,504 332,871 356,730 1.905,113 2,O33~234 12,063,228 12.,837,946 36,817,237 37,903,990 48,880,465 50,741,936 $ 50,785,578 52,775,170 "1 SEWARD ASSOCIA nON FOR THE ADVANCEMENT OF MARINE SCIENCE Statements of Activities 1 I Years ended September 30, 2006 and 2005 2006 2005 i Temporarily Temporarily Unrestricted restricted Total Unrestricted restricted Total Support and revenues: l. Membership, gate entry, and parking fees, net $ 2,246,502 2,246,502 1,978,516 1,978,516 I Retail sales, net (35,206) (35)06) 44\ ,790 441,790 Research bench fees 33,000 33,000 33,000 33,000 Grants: .. Federal 9,316,477 162,880 9,479,357 9,622,029 ] 36,989 9,759,0]8 I Other 556,333 556,333 303,698 303,698 I , Cash contributions \ note 5) 389,834 389,834 454,600 454,600 Federal appropriation \,680,914 1,680,914 Investment and interest income l! 5,783 1 ]5,783 48,182 48,182 , Other 88,429 88,429 50,859 50,859 j Net assets released from restriction (note 6) 1,249,633 (1,249,633 ) 817,068 (817,068) T oral support and revenues 13,960,785 (],086,753) 12,874,032 13,74'7,742 1,000,835 14,750,577 Expenses: Program. Re~earch 4,989)64 4,989,264 5)02,460 5,202,'\60 " Rehabilitation 474,353 474,353 522,798 522,798 Education programs 512,045 512,045 478,!38 478.1 38 Conservation programs 474,029 474,029 651,340 651,340 Support services: Visitor education 1,534,3lD 1,534,310 1,669,620 1,669,620 Investment programs 156,784 156,784 Centerv.iide services 6,594,718 6,594,718 5,678,644 5,678,644 Total expenses 14,735,503 14,735,503 14,203,000 14,203,000 Change in net assets (774,718) (],086,753) (1,861,471) l453,258) 1,000,835 547,577 Net assets at beginning of year 12,837,946 37,903,990 50,741,936 13,29 I ,204 36,903,155 50,194,359 Net assets at end of year $ 12,063,228 36,817,237 48,880,465 ]2,837,946 37,903,990 50,741,936 See accompanying notes to financial statements 496 SEWARD ASSOCIATION FOR THE ADVANCEMENT OF lVIARINE SCIENCE Statements of Cash Flows Years ended September 30,2006 and 2005 2006 2005 Cash flows from operating activities: Change in net assets $ (1,861,471) 547,577 Reconciliation of change in net assets to net cash (used in) provided by operating activities: Depreciation 662,149 648,263 Contributed occupancy costs 572,834 517,871 Decrease (increase) in receivables 449,514 (907,594) Increase in prepaid expenses (30,016) ( 17,532) Decrease in inventory 259,548 6,233 Increase (decrease) in accounts payable 371,418 (285,963) Decrease in accrued salaries and related taxes payable (269,702) (150,643) Increase (decrease) in deferred revenue (207,087) 156,299 Net cash (used in) provided by operating activities (52,813) 514,511 Cash flows from investing activities: Purchase of facilities and equipment (973,471) (369,004) Net sale of investment securities 445,243 238,320 Net cash used in investing activities (528,228) (130,684) Cash flo,vs from financing activities: Payments on notes payable (22,751) (17285) Net increase (decrease) in cash and cash equivalents (603,792) 366,542 Cash and cash equivalents at beginning of year 1,973,430 1,606,888 Cash and cash equivalents at end of year $ 1,369,638 1,973,430 See accompanying notes to financial statements. 5 97 SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE Notes to Financial Statements September 30,2006 and 2005 (1) Summary of Significant Accounting Policies (a) Operations The Seward Associatlon for the Advancement of Marine Science (SAAMS) was incorporated m February 1990. The primary goal of the organization is to build and operate the Alaska SeaLife Center (ASLC), a world-class cold water marine research and rehabilitation facility. The ASLC's mission is dedicated to understanding and maintaining the integrity of the marine ecosystem of Alaska through research, rehabilitation, education and conservation. ConstructlOn of the facility commenced during 1995 and the ASLC opened for operations on May 12, 1998. The primary financial resources for operations are research bench fees and grants, donations and visitor-related revenues. Resources for construction were provided by grants from the State of Alaska and various Federal agencles, fundraising and proceeds of revenue bonds loaned to SAAMS by the City of Seward (City). (b) Use of Estimates and Assumptions In order to prepare the financial statements, management has made a number of estimates and assumptions relating to the reporting of assets and liabilities and the disclosure of contingent assets and liabilities as of the date of the financial statements and support and revenues and expenses for the reporting period. Actual results could differ from those estimates. (c) Basis of Presentation Net assets and revenues, expenses, gains and losses are classified based on the existence or absence of donor-imposed restrictions. Accordingly, net assets of SAAMS and changes therein are reported as follows: Unrestricted j'y'et Assets - Net assets that are not subject to donor-imposed stlpulatlOns. Temporarily Restricted Net Assets - Temporarily restricted resources that are restricted by the donor, grantor or other outside parties whose restrictions either expire by the passage of time or can be fulfilled and removed by actions of SAAMS. Revenues associated with these resources are earned when SAAMS undenakes the necessary actlOn or other restrictions are met. When a donor restnction expires, that is, when a stipulated time restriction ends or a purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restriction. (d) Cash and Cash Equivalents Cash and cash equivalents consist of moneys m checkmg and savings accounts and other hlghly liquid mvestments with ongmal maturities of 90 days or less and restricted cash to be used m the near future. 6 98 ( Continued) SEWARD ASSOCIATION FOR THE ADV A1~CElVIENT OF lVIARINE SCIENCE Notes to Financial Statements September 30, 2006 and 2005 (e) Investments Investments consist of money market accounts, recorded at cost that approximates market value, and guaranteed investment contracts, recorded at cost, which do not have a readily determinable market value. (f) Inventory Inventory IS stated at the lower of weighted average cost or market. (g) Facilities and Equipment Facilities and equipment are recorded at cost or, if acquired by donation, at fair market value at the date of acquisition. FacilitIes and equipment costs were funded both from grant moneys passed through the City and from external sources, including donations and bond proceeds. Depreciation of facilities and equipment funded by external sources is provided over the estimated useful lives of the assets, ranging from five to 40 years, using the straight-line method. The City's contribution of the use of facilities and equipment is amortized over the estimated useful hves of the assets contributed, ranging from five to 40 years. (h) Deferred Revenue Deferred revenue consists of contributions received, but not yet earned. (i) Support and Revenues Contributions restricted by the donor, grantor or other outside party with imposed condItIons are deemed to be earned and reported as revenues when SAAMS has incurred costs in compliance with the specific conditions. Such amounts received but not earned are reported as deferred revenue. Contributions of fixed assets received without stipulation as to how long the donated assets must be used are reported as restricted support with an implied useful life. Contributions whose restrictions are met in the same reporting period as the contribution is received are reported as unrestricted. Cost reimbursable grants are recognized as support and revenues to the extent of allowable expenses and additrons to facilities and eqUlpment in the period in which the expenses or additIOns to facilities and equipment were incurred. Unconditronal pledges are recognized as support and revenue in the penod the pledge is made by the donor. Pledges to be received WIthin one year or less are recognized as unrestricted support and revenue. Pledges to be received beyond one year are discounted to their present value. 0) Fundraising Fundraising costs, mcluding the costs of special events and dIrect response campaigns, are expensed as Incurred. 7 99 (Continued) SEWARD ASSOCIA nON FOR THE ADVANCEMENT OF MARINE SCIENCE Notes to Financial Statements September 30, 2006 and 2005 (k) Income Ta.:'Ces SAAMS is a nonprofit charitable organization exempt from income taxes under Section 50l(c)(3) of the Internal Revenue Code. Certain operations of the ASLC are subject to unrelated business income tax, however, income taxes for these operations are not material. (2) Investments Investments consist of common stock. Restricted investments consist of money market flL'1ds and are held under the requirements of restricted contributions and lease agreements. Investments consist of the following at September 30,2006 and 2005: 2006 2005 UnrestrIcted investments: Investment in common stock $ 68,862 32,938 Restricted investments: Long-term research contributions $ 81,645 119,685 Restricted under operating lease agreement 700,000 1,143,127 $ 781,645 1,262,812 On November 9, 2006, SAAi\1S entered into an amended and restated lease agreement WIth the City of Seward. Under the new lease agreement, SAAMS is required to maintain cash reserves of $700,000 and $1,221,000 at September 30,2006 and 2007, respectively, with annual escalations of3% thereafter. (3) Receivables Receivables consist of the following at September 30,2006 and 2005: 2006 2005 Grants $ 1,185,069 1,670,029 Pledges 417,535 470,509 Accounts 197,960 109,540 1,800,564 2,250,078 Less allowance for doubtful pledges 295,750 295,750 $ 1,504,814 1,954,328 8 100 (Contmued) SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARII'Ii'E SCIENCE Notes to Fmancial Statements September 30, 2006 and 2005 (4) Facilities and Equipment On April 28, 1996, SAt\MS entered into an agreement with the City for the financing, lease, construction, operation and maintenance ofthe ASLC. The City owns the ASLC and the property on WhlCh it is located. The City used State of Alaska grants for the partial construction of the ASLC. The term of the lease runs through the practical 11fe of the project but no longer than 50 years. Annual rent payable to the City is $1 per year. Grant-funded construction and lmprovements totaled $162,880 and $136,989 dunng the years ended September 30, 2006 and 2005, respectively, and is reflected as federal grant revenue in the statement of actlVities. The total contributions toward the construction were $39,848,698 at September 30, 2006 and will be amortized over the useful life of the assets, net of a 7% discount. Net amortization of the contribution was as follows for the years ended September 30, 2006 and 2005: Contributed use of facility Less interest income Net contributed occupancy cost $ 2006 3,099,818 (2,526,984) 572,834 2005 3,071,771 (2,553,900) 517,871 s Facilities and eqUlpment, which consists of both the contributed use of facility through the City and assets purchased with external sources, are as follows at September 30, 2006 and 2005: Contributed Externally use of facility funded Total 2006: Land $ 2,214,400 620,905 2,835,305 Building 34,779,200 12,627,426 47,406,626 Exhibits 1,163,757 1,274,804 2,438,561 Furniture and equipment 1,647,796 1,572,874 3,220,670 Construction in process 196,093 196,093 Vehicles 43,545 126,764 170,309 39,848,698 16,418,866 56,267,564 Less accumulated depreciation 4,155,261 5,288,895 9,444,156 $ 35,693,437 11,129,971 46,823,408 9 101 (Contmued) SEWARD ASSOCIATION FOR THE ADVANCEMENT OF IVlARIl'I'E SCIENCE Notes to Financial Statements September 30, 2006 and 2005 Contributed Externally use of facility funded Total 2005: Land $ 2,214,400 42,180 2,256,580 Building 34,779,201 12,542,775 47,321,976 Exhibits 1,147,564 1,274,804 2,422,368 Furniture and equipment 1,501,109 1,518,944 3,020,053 Construction in process 104,404 104,404 Vehic1es 43,545 126,764 170)09 39,685,819 15,609,871 55,295,690 Less accumulated depreciation 3,582,428 4,628,342 8,210,770 $ 36,103,391 10,981,529 47,084,920 The contributed use of facility will be recognized as follows: One year or less Two to five years More than five years $ 623,752 1,996,438 33,073,247 35,693,437 $ (5) Temporarily Restricted Net Assets Temporarily restricted net assets conSIst of the following at September 30,2006 and 2005: Long-term research contributIons Restricted contributions Contributed use of facility $ 2006 81,645 1,042,155 35,693,437 36,817,237 2005 119,685 1,680,914 36,103,391 37,903,990 $ In 2005, SAA"~S received 51,680,914 from the National Park Service to be used for vanous property acquisitions, waterfront improvements and facilities around the ASLC. In 2006, SA.AM:S expended $638,759 for costs associated with this project. (6) Net Assets Released from Restriction Net assets were released from restrIction by mcurring expenses satIsfying the restricted purpose or by occurrence of other events specified by donors. 10 102 (Continued) SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE Notes to FinanCIal Statements September 30, 2006 and 2005 SAAMS incurred expenses related to the following programs as required by the donor or grantor as follows for the years ended September 30, 2006 and 2005: Contributed occupancy costs Use of restricted cash (note 5) Long-term research contributions (7) Notes Payable Long-term debt at September 30 is as follows: Note payable to a financial instItution, with a maturity in 2008, no interest is accrued, secured by a vehicle. $ Note payable to a financial institution, with a maturity in 2020, interest rate is 3.10% over the US Treasury rate (6.75% at September 30, 2006), secured by land. Future minimum payments on the long-term debt are as follows: Year ending September 30: 2007 $ 2008 2009 2010 2011 Thereafter Less current portion 11 103 $ 2006 2005 572,834 517,871 638,759 38,040 299,197 1,249,633 817,068 s $ 2006 2005 7,766 14,935 349,302 364,884 357,068 379,819 Long-term debt $ 24,197 18,811 19,482 20,838 22,289 251,451 357,068 (24,197) 332,871 ( Continued) SEWARD ASSOCIATION FOR THE ADV Al'iCEiVIENT OF lVL~RII'IE SCIENCE Notes to Financial Statements September 30, 2006 and 2005 (8) Operating Lease SAAlVIS leases certain property and equipment under various operating leases. Rental expense was $157,992 and $148,927 for the years ended September 30, 2006 and 2005, respectively. Future minimum payments under noncancelable operating leases are as follows: Year ending September 30: 2007 2008 2009 2010 2011 $ 166,318 64,152 30,985 30,985 12,910 305,350 $ (9) Defined Contribution Plan SAA.MS partiClpates m a qualified defined contributlOn 401(k) retirement plan. There were no contribuhons charged to expense during the years ended September 30, 2006 and 2005. (10) Contingencies (a) Legal Matters In the ordinary cause of business, SAAMS may be involved in various clalms and dlsputes. Management believes that none of these matters will have an adverse impact on the financial condition ofSAAMS. (b) Grants and Contracts Amounts received or receivable from State of Alaska or Federal agenCIes are subject to audit and adjustment by the grantor agencies. i\1lY disallowed claims, including amounts already collected, could become a liability of SAAMS. In management's opinion the amount that might be disallowed, if any, will not have a material effect on the financial statements. 12 104 ~ .,0 Ul Salaries Hnd wages COlltraclual services Frillge bCllClllS l!lilitic:; ReproduGliull ctlll! cilpymg Depl'CciHli(Hl COltLribuLed lll:cLl\lancy C{)sL':i Travel Building 111ainlenl.HlCe Risk Managelllcnt Fundraisillg ProCessional services Animal care Relll Marketing Telephone Postage and lh:;ighl MiscellHllcoLlS Bank charges Educallon Prog,Hun expenses Equipment rcnW! Interest expense See accompanying indepellllelll <luditors' n.:port. 13 Invcstmmcllt progranls 42,223 15,494 1'1)5'} 53,'167 2,504 2H,%8 494 (627) 156,184 Centcnvidc sc."viccs 2 1,926,106 'H,119 864.13 I 9lJ,64:C 175,925 662,149 572,834 77,246 346,'133 264, 105 249,495 136,657 114,848 381 93,737 30,983 51,983 8,546 36,911 24,487 6,59'1,718 Selle""le Total 4,661,3(l2 2,642,58(, 1,875,585 '1I4,1J42 848,257 662,149 572,83'1 529,577 346,433 264,105 255,348 250,844 222,950 157,992 123,186 113,665 74,8()I 69,184 47,567 41,068 37,421 24,'187 14,735,503 ~w~ Th, ~~ Alaska Community ~ I-' Foundation ~~A~R~:~~~ 30 I IV. ~IORTHERN LIGHTS BLVD., SUITE 408 ANCHORAGE, ALASKA 99503 P: 907.334.6700 F. 907.334.5780 CITY OF SEWARD CITY MANAGER April 12,2007 City of Seward P.O. Box 167 Seward, AK 99664 Dear Sir or Madam: Thank you for your gift of $2,500.00 on April 10, 2007 to the Alaska Meth Education Project Fund at The Alaska Community Foundation. Your gift exemplifies private giving for public good, and supports the mission and ongoing efforts of the Foundation to promote personal philanthropy and create permanent endowments to sustain, in perpetuity, quality oflife resources important to all Alaskans. Sincerely, ,? ~t /' / ~ ,;/-";1 -c< ,;.:/'/; A'V' . / ! ~ V'H~C'7U Vl(' . Carol G. Simonetti President and CEO No f?oods or services were provided in return for your contribution. Please retain this letter as a receivt for your records. It is documentation necessary for any federal income tax deduction for this contribution. The Alaska Community Foundation tax identification number is 92-0155067. rogethel I'Ve creote co/l]rnumfy. 106 4/17/2007 11:47 AM Run Date - 4/17/07 @ 11 :47 AM Providence Health & Services DET _ OPS 110. MGD. PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of March 2007 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 180 136 32.4% Acute Care-Inpatient 390 354 10.2% 334 16.8% 414 372 11.3% Acute Care-Outpatient 1,238 1,093 13.3% 854 45.0% 100 145 (31.0%) Primary Care 313 398 (21.4%) 328 (4.6%) 481 586 (17.9%) Long-term Care 1,486 1,699 (12.5%) 1,518 (2.1%) 9 Homecare & Hospice 33 53 (37.7%) Housing & Assist. Living 1,184 1,239 (4.4%) Total Gross Service Revenues 3,460 3,544 (2.4%) 3,087 12.1% Revenue Deductions: (1) 6 116.7% Charity Care 51 17 (200.0%) 14 (264.3%) Medicaid Charity 145 234 38.0% Medicare & Medicaid 375 668 43.9% 438 14.4% 1 9 88.9% Negotiated Contracts 9 27 66.7% 27 66.7% (9) 44 120.5% Other 121 127 4.7% 72 (68.1%) 136 293 53.6% Total Deductions 556 839 33.7% 551 (0.9%) 1,048 946 10.8% Net Service Revenue 2,904 2,705 7.4% 2,536 14.5% Premium Revenue ~ Rental and Education Revenue 29 75 (61.3%) Other Operating Revenue 53 226 (76.5%) 30 76.7% Cl 1,077 1,021 5.5% Total Net Operating Revenues 2,957 2,931 0.9% 2,566 15.2% ~ Exoenses from Ooerations: Purchased and Healthcare Expenses Other Exoenses from Ooerations: 503 553 9.0% Salaries & Wages 1,522 1,605 5.2% 1,458 (4.4%) 170 160 (6.3%) Employee Benefits 438 475 7.8% 398 (10.1%) Professional Fees 1 100.0% 39 47 17.0% Supplies 137 141 2.8% 132 (3.8%) 197 183 (7.7%) Purchased Service 516 551 6.4% 500 (3.2%) 31 28 (10.7%) Depreciation 104 84 (23.8%) Interest and Amortization 129 52 (148.1%) Bad Debts 203 149 (36.2%) 132 (53.8%) Healthcare Taxes 43 32 (34.4%) Other Expenses 103 86 (19.8%) 108 4.6% 1,112 1,055 (5.4%) Total Other Exp from Operations 3,023 3,091 2.2% 2,729 (10.8%) 1,112 1,055 (5.4%) Total Operating Expenses 3,023 3,091 2.2% 2,729 (10.8%) (35) (34) (2.9%) Excess of Rev Over Exp from OPS (66) (160) 58.8% (163) 59.5% Non-Operating Gain (Loss) 1 1 0.0% 1 0.0% (35) (34) (2.9%) Excess of Revenues Over Expenses (65) (159) 59.1% (162) 59.9% Other Activity-Unrestricted 5,340 (1) 534,100.0% Increase (Decrease) In UR Net Assets 5275 /163\ 3 336 2% 11:47 AM BAL_SHT 4/17/2007 PRELIM _ Run Date - 4/17/07 @ 11 :47 AM Providence Health & Services 110 -MGD .PROV SEWARD MED CTR Balance Sheet (In Thousands) Reported as of March 2007 March 2007 December 2006 March 2007 December 2006 Actual Last Year Actual Last Year ASSETS LIABILITIES & NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents 1,141 1,358 Accounts Payable 175 133 Temporary Investments Accrued Compensation 736 683 Assets Held Under Securities Lending Affiliates Payable Accounts Receivable, Net 1,572 1,406 Payable to Contractual Agencies 243 242 Affiliate Receivable Deferred Revenue/Unearned Premiums Premiums Receivable LiabUity for Unpaid Medical Claims Other Receivables 98 255 Liabitity for Risk-Sharing Supplies Inventory at Cost Liabilities Under Securities Lending Other Current Assets 35 36 Other Current Liabilities 941 1,080 Current Port. of Assets-Use is L TO Current portion of Long-term Debt Total Current Assets 2,846 3,055 Total Current Liabilities 2,095 2,138 l-" Assets Whose Use is Limited: Cl Board Designated Cash and Investments Lana- T enn Debt: 00 Funds Held for Long-term Purposes 245 251 Master Trust Debt Gift Annuity and Trust Funds Loans from Affiliates Funds Held by Trustees Other Non-Current Assets Limited as to Use 245 251 Long-Term Debt Prooertv Plant & Eauioment: Gross Property, Plant & Equipment 9,230 Other Long-Term LiabUities 245 251 Less: Accumulated Depreciation (3,789} Net Property, Plant & Equipment 5,441 T atal Liabilities 2,340 2.389 Other Assets: Net Assets: Unamortized Financing Cost Unrestricted 6,192 917 Interaffiliate Notes Receivable Temporarily Restricted Other (Incl. Long-term Investments) Permanently Restricted T atal Other Assets Total Net Assets 6,192 917 Total Assets 8532 3306 Total liabilities and Net Assets 8532 3306 4/17/2007 2:39 PM Run Date - 4/17/07 @ 2:39 PM Providence Healtll & Services DET_OPS 110. MGD - PROY SEWARD MED CTR Detail Statement of Operations (in TIlousands) Reported as of February 2007 % Variance % Variance last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 33 99 (66.7%) Acute Care-Inpatient 209 218 (4.1%) 200 4.5% 381 345 10.4% Acute Care-Outpatient 824 721 14.3% 535 54.0% 106 115 (7.8%) Primary Care 213 252 (15.5%) 199 7.0% 484 529 (8.5%) long-term Care 1,006 1,114 (9.7%) 973 3.4% 8 Homecare & HOspice 24 34 (2M%) Housing & Assist. Living 1,012 1,088 (7.0%) Total Gross Service Revenues 2,276 2,305 (1.3%) 1,941 17.3% Revenue Deductions: 28 5 (460.0%) Charity Care 51 11 (363.6%) (5,000.0%) Medicaid Charity 170 206 17.5% Medicare & Medicaid 232 434 46.5% 285 18.6% 3 9 66.7% Negotiated Contracts 7 18 61.1% 21 66.7% 51 39 (30.8%) Other 130 83 (56.6%) 62 (109.7%) 252 259 2.7% Total Deductions 420 546 23.1% 369 (13.8%) 760 829 (8.3%) Net Service Revenue 1,856 1,759 5.5% 1,572 18.1% Premium Revenue Rental and Education Revenue 1-4 11 76 (85.5%) Other Operating Revenue 24 151 (84.1%) 8 200.0% Cl 771 905 (14.8%) Total Net Operating Revenues 1,880 1,910 (1.6%) 1,580 19.0% c.o Expenses from Operations: Purchased and Heallhcare Expenses Other Expenses from Operations: 471 499 5.6% Salaries & Wages 1,019 1,052 3.1% 939 (8.5%) 139 156 10.9% Employee Benefits 268 315 14.9% 274 2.2% Professional Fees 1 100.0% 54 46 (17.4%) Supplies 98 94 (4.3%) 80 (22.5%) 176 186 5.4% Purchased Service 319 368 13.3% 332 3.9% 44 28 (57.1%) Depreciation 73 56 (30.4%) Interest and Amortization (19) 46 141.3% Bad Debts 74 97 23.7% 84 11.9% Heanhcare Taxes 34 27 (25.9%) Other Expenses 60 54 (11.1%) 58 (3.4%) 899 988 9.0% Total Other Exp from Operations 1,911 2,036 6.1% 1,768 (8.1%) 899 988 9.0% Total Operating Expenses 1,911 2,036 6.1% 1,768 (8.1%) (128) (83) (54.2%) Excess of Rev Over Exp from OPS (31) (126) 75.4% (188) 83.5% 1 Non-Operating Gain (Loss) 1 1 0.0% 1 0.0% (127) (83) (53.0%) Excess of Revenues Over Expenses (30) (125) 76.0% (187) 84.0% Other Activity-Unrestricted 5,340 Increase (Decrease) in UR Net Assets 5310 1187\ 2 939 6% 2:39 PM BAL_SHT 4/17/2007 PRELIM _ Run Date - 4/17/07 @ 2:39 PM Providence Health & Services 110 _ MGD _ PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of February 2007 February 2007 December 2006 February 2007 December 2006 Actual Last Year Actual Last Year ASSETS LIABILITIES & NET ASSETS Current Assets: Current Liabmties: Cash and Cash Equivalents 1,266 1,358 Accounts payable 148 133 Temporary Investments Accrued compensation 772 683 Assets Held Under Securities Lending Affiliates payable Accounts Receivable. Net 1 ,408 1,406 payable to contractual Agencies 284 242 Affiliate Receivable Deferred RevenuelUneamed Premiums Premiums Receivable Liability for Unpaid Medical Claims Other Receivables 149 255 Liability for Risk-Sharing supplies Inventory at Cost Liab~lties Under Securities Lending Other Current Assets 42 36 Other Current Liab~ities 869 1,080 Current Port. of Assets-Use is L TO current portion of Long-term Debt l-I> Total Current Assets 2,865 3,055 Total Current Liabilities 2,07!- 2.,138 ~ Assets Whose Use is Limited: <::> Board Designated Cash and Investments Lono- T erm Debt: Funds Held for Long-term Purposes 250 251 Master Trust Debt Gilt Annuity and Trust Funds Loans from Affiliates Funds Held by Trustees Other Non-Current Assets Limited as to Use 250 251 Long-Term Debt Property Piant & EQuloment GroSs Property, Plant & Equipment 9.201 Other Long-Term liabilities 250 251 Less: Accumulated Depreciation (3.76ill Net Property, Plant & Equipment 5,435 Total Liabilities -~-~ Other Assets: Net Assets: Unamortized Financing Cost Unrestricted 6,227 917 lnteraffiliate Notes Receivable T emporarlly Restricted Other (Incl. Long-term Investments) permanently Restricted Total Other Assets Total Net Assets 6,227 917 Total Assets 8.5~ 330~ T alaI Liabilities and Net Assets 8S5~ 3.305 4/17/2007 2:37 PM Run Date - 4/17/07 @ 2:37 PM Providence Health & Services DET_OPS 110 - MGD - PROV SEWARD MED eTR Detail Statement of Operations (In Thousands} Reported as of Jan uary 2007 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 178 119 49.6% Acute Care-Inpatient 178 119 49.6% 113 57.5% 442 376 17.6% Acute Care-Outpatient 442 376 17.6% 280 57.9% 107 138 (22.5%) Primary Care 107 138 (22.5%) 116 (7.8%) 521 585 (10.9%) Long-term Care 521 585 (10.9%) 511 2.0% 16 Homecare & Hospice 16 15 6.7% Housing & Assist. Living 1,264 1,218 3.8% Total Gross Service Revenues 1,264 1,218 3.8% 1,035 22.1% Revenue Deductions: 23 6 (283.3%) Charity Care 23 6 (283.3%) Medicaid Charity 60 230 73.9% Medicare & Medicaid 60 230 73.9% 151 60.3% 5 9 44.4% Negotiated Contracts 5 9 44.4% 14 64.3% 79 43 (83.7%) Other 79 43 (83.7%) 23 (243.5%) 167 288 42.0% Total Deductions 167 288 42.0% 188 11.2% 1,097 930 18.0% Net Service Revenue 1,097 930 18.0% 847 29.5% I-" Premium Revenue i-'- Rental and Education Revenue ~ 12 75 (84.0%) Other Operating Revenue 12 75 (84.0%) 9 33.3% 1,109 1,005 10.3% Total Net Operating Revenues 1,109 1,005 10.3% 856 29.6% Exoenses from Ooerations: Purchased and Healthcare Expenses Other Exoenses from Ooerations: 550 552 0.4% Salaries & Wages 550 552 0.4% 502 (9.6%) 129 159 18.9% Employee Benefits 129 159 18.9% 124 (4.0%) Professional Fees 1 100.0% 44 48 8.3% Supplies 44 48 8.3% 41 (7.3%) 143 183 21.9% Purchased Service 143 183 21.9% 134 (6.7%) 28 28 Depreciation 28 28 Interest and Amortization 92 51 (80.4%) Bad Debts 92 51 (80.4%) 21 (338.1%) Healthcare Taxes 26 27 3.7% Other Expenses 26 27 3.7% 24 (8.3%) 1,012 1,048 3.4% Total Other Exp from Operations 1,012 1,Q48 3.4% 847 (19.5%) 1,012 1,048 3.4% Total Operating Expenses 1,012 1,048 3.4% 847 (19.5%) 97 (43) 325.6% Excess of Rev Over Exp from OPS 97 (43) 325.6% 9 977.8% 1 Non-Operating Gain (Loss) 1 97 (42) 331.0% Excess of Revenues Over Expenses 97 (42) 331.0% 9 977.8% Other Activity-Unrestricted 5,065 Increase (Decrease) In UR Net Assets 5.162 9 57.255.6% 2:37 PM BAl_SHT 4/17/2007 PRELIM - Run Date - 4/17/07 @ 2:37 PM Providence Health & Services 110 _ MGD - PROV SEWARD MED eTR Balance Sheet (in Thousands) Reported as 01 January 2007 January 2007 December 2006 January 2007 December 2006 Actual Last Year Actual Last Year ASSETS LIABILITIES & NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents 2,344 1,358 Accounts Payable 145 133 Temporary Investments Accrued Compensation 755 683 Assets Held Under Securities Lending Affiliates Payable Accounts Receivable, Net 1,466 1,406 Payable to Contractual AgencieS 262 242 Affiliate Receivable Delerred Revenue/Uneamed Premiums Premiums Receivable Liability lor Unpaid Medical Claims Other Receivables (13) 255 Liability for Risk-Sharing Supplies Inventory at Cost Liabilities Under Securities Lending Other Current Assets 47 36 Other Current Liabilities 1,915 1,080 Current Port. of Assets-Use is L TO Current portion of Long-term Deb1 Total Current Assets 3,844 3,055 Total Current Liabilities 3,077 2,138 ,..... Asse1s Whose Use is Limited: ~ Board Designated Cash and Investments Lona- Term Debt rv Funds Held for Long-term Purposes 249 251 Master Trust Debt Gift Annuity and Trust Funds Loans from Affiliates Funds Held by Trustees Other Non-Current Assets Limited as to Use 249 251 Lang-Term Debt prooertv Plant & Eouiomeflt Gross Property, Plant & Equipment 9,045 Other long-Term Liabilities 249 251 Less: Accumulated Depreciation (3,733) Net Property , Plant & Equipment 5;312 Total Liabilities 3,326 2,389 Other Assets: Net Assets'. Unamortized Financing Cost Unrestricted 6,079 917 Interaffiliate Notes Receivable Temporarily Restricted Other (Incl. long-term Investments) Permanently Restricted Total Other Assets Total Net Assets 6,079 917 Total Assets 9405 3.306 Total Liabilities and Net Assets 9.405 3 30IL 411712007 2:42 PM CATEGORY = L Y ACT Providence Health & Services DET_OPS1 Run Date - 4/17/07 @ 2:42 PM 110 - MGD - PROV SEWARD MED eTR Detail Statement of Operations (in Thousands) Reported as of December 2006 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 104 96 8.3% Acute Care-Inpatient 1.145 1,126 1.7% 1,351 (15.2%) 366 341 7.3% Acute Care-Outpatient 4,688 4,343 7.9% 4,022 16.6% 95 100 (5.0%) Primary Care 1,404 1,574 (10.8%) 1,595 (12.0%) 496 623 (20.4%) Long-term Care 6,243 7,353 (15.1%) 6,263 (0.3%) 27 16 68.8% Homecare & Hospice 226 212 6.6% 212 6.6% Housing & Assist. Living 1,088 1,176 (7.6%) Total Gross Service Revenues 13,706 14,608 (6.2%) 13,443 2.0% Revenue Deductions: (25) 20 225.0% Charity Care 136 251 45.8% 164 17.1% Medicaid Charity (223) 172 229.7% Medicare & Medicaid 1,253 2,046 38.8% 2,149 41.7% 6 3 (100.0%) Negotiated Contracts 99 54 (83.3%) 65 (52.3%) 25 31 19.4% Other 488 431 (13.2%) 432 (13.0%) .... (217) 226 196.0% Total Deductions 1,976 2,782 29.0% 2,810 29.7% 1,306 950 37.4% Net Service Revenue 11,730 11,826 (0.8%) 10,633 10.3% I-'- W Premium Revenue Rental and Education Revenue 19 14 35.7% Other Operating Revenue 247 143 72.7% 146 69.2% 1,324 964 37.3% Total Net Operating Revenues 11,977 11,969 0.1% 10,779 11.1% Exoenses from Ooerations: Purchased and Healthcare Expenses Other Expenses from Operations: 594 523 (13.6%) Salaries & Wages 6,195 6,399 3.2% 5,794 (6.9%) 181 129 (40.3%) Employee Benefits 1,680 1,709 1.7% 1,539 (9.2%) Professional Fees 2 55 57 3.5% Supplies 579 649 10.8% 643 10.0% 190 169 (12.4%) Purchased Service 2,021 2,039 0.9% 2,014 (0.3%) Depreciation Interest and Amortization 68 56 (21.4%) Bad Debts 668 702 4.8% 709 5.8% Healthcare Taxes 27 28 3.6% Other Expenses 494 423 (16.8%) 486 (1.6%) 1,116 962 (16.9%) Total Other Exp from Operations 11,639 11,921 2.4% 11,185 (4.1%) 1,116 962 (15.9%) Total Operating Expenses 11,639 11,921 2.4% 11,185 (4.1%) 209 2 10,350.0% Excess of Rev Over Exp from OPS 338 48 604.2% (406) 183.3% Non-Operating Gain (Loss) 5 3 66.7% 4 25.0% 209 2 10,350.0% Excess of Revenues Over Expenses 343 51 572.5% (402) 185.3% Other Activity-Unrestricted Increase (Decrease) In UR Net Assets 343 1402\ 185.3% 4117/2007 LYAC1_RunDate-4117107@ 2:42PM ,... ,... ~ ASSE1S current Msets: Cash and Cash Equivalents 1 emporary Investments Assets Held Under securities Lending Accounts Receivable LesS: contractual Allowance LesS: J>,Uowance for Doubtful Accounts AfIi\iate Receivable premiumS Receivable Other Receivables Supplies Inventory at Cost Other current Assets current porL of Assets-Use Is LID 10tal current Assets ~s<lts Whose Use is lim'Ite.<t. Board Designated Cash and Investments FundS Held for Long-term purposes Gift Annuity and Trust Funds Funds \-Ield by lrustees Non-Current Assets Limited as to use E!.ooeill', Plant & EouJll!1le!JL Gross propertY, Plant & Equipl1l"nt LesS: Accumutated DeplllCiation Net property. Ptant & Equipment illMr MS~ Unamortized Financing Cost Interaffiliate Notes Receivable GtMr (Incl. Long-term Investments) Total Other Assets Total Assets providence Health & servtces 110 . MGD _ PROV SEWARD MED eTR 6alance Sheet (In ThOusands) Reported as of December 2006 December 2006 December 2005 ~~ 1,358 1,772 2,145 (112) (627) 2,142 (193) (414) 255 36 45 ~~ ~~ 251 ~~ ~--------- ~-----:- ~~ ~~ ~~ 3.~_ 80 LIA61\.1TIES & NET ASSETS g.urrent liabiliti~ Accounts payable Accrued Compensation Afl"<liateS payable payable to contractual Agencies Deferred Revenuef\Jneamed Premiums Liabmty for unpaid Medical Claims liability for Risl<_Sharing Liabilities Under Securities Lending Other current Liab"<lities current portion of Long-term Debt 'T otal current Liabilities 169 \.2!'o-lerm Debi. Master TNSt Debt Loans from Aff~iates OtMr Long-Term Debt Other Long-lerm liabilities 'Total \.labilitIeS Net Assets: iJnrestricted lemporarily Restricted permanently Restricted Total Net ASsets 3.~ Total Liabilities and Net Assets 2:42 pM BAL_SHTl oecember 2006 oecember 2005 ~~ 133 683 156 634 372 242 1,080 1,810 ~~ ~~ ~~ ~~ 55 251 -~~ 574 917 ~~ ~ ----------- 3.6~ 3.3~_ -