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Home My WebLink About06252007 City Council Packet The City of Seward, Alaska June 25, 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 Term Expires 2007 Jean Bardarson Council Member Term Expires 2008 Linda Amberg Council Member Term Expires 2008 Phillip Oates 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 B. Borough Assembly Report C. City Manager's Report D. Chamber of Commerce Report E. Seward Planning and Zoning Commission Report F. Other Reports, Announcements, and Presentations 1. Report on the process for home deaths by Police Chief Tom Clemons. City of Seward, Alaska June 25, 2007 Council Agenda Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring a Public Hearing 1. Resolution 2007-060. Authorizing The City Manager To Proceed With The Acquisition Of Land (Griswold property), Comprising Approximately 9.11 (+/_) Acres Of The Southwest Comer Of The Unsubdivided Remainder OfU.S.S. 1864, As Reflected In The U.S.S. 1864 KPB Replat, Plat No. 2004-03, Inclusive Of Right- Of- Ways Of Approximately 1.11 (+/-) Acres Extending South From The Intersection Of Oak Street And Hemlock Street And Such Additional Right-Of-Ways To Provide Connecting Access To The 8 Acre Portion Of The Property, And Appropriating Funds For The Future Long Term Care Site For A Purchase Price Of $830,000.00................... ............. .................. ..........,.......... .......... Pg. 4 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2007-003. An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending The Land Use Plan And The Rezoning OfL()ts 1-9 Block 8, Original Townsite Of Seward, From Auto Commercial (AC) To Central Business District (CBD).. ..... ....... ...... ............................................................... ...... .Pg. 21 B. Resolutions *1. Resolution 2007-061. Authorizing The City Manager To Enter Into A Mutual Aid Agreement Between The City Of Seward And The Lowell Point Emergency Service Area For The Purpose Of Firefighting And Rescue Operations.. ....... ........................Pg. 32 C. Executive Session 1. Go Into Executive Session To Discuss Strategy For Negotiation Of A Settlement Agreement. 2. Resolution 2007-062. Authorizing The City Manager To ~nter Into A Settlement Agreement To Resolve An Employment Dispute For A Total Of $50,000.00..... ..Pg. 49 D. Other New Business Items * 1. Approval of the June 11,2007 regular city council meeting minutes........ .Pg. SS 2. Schedule A Work Session On The Library/Museum Project. 3. Discussion On The Lowell Canyon Tunnel Hydro Project.................... .Pg. 61 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS City of Seward, Alaska June 25, 2007 Council Agenda Page 2 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' · CO~ENTS 14. ADJOURNMENT City of Seward, Alaska June 25, 2007 Council Agenda Page 3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITION OF LAND (GRISWOLD PROPERTY), COMPRISING APPROXlMA TEL Y 9.11 (+/-) ACRES OF THE SOUTHWEST CORNER OF THE UNSUBDlVIDED REMAINDER OF U.S.S. 1864, AS REFLECTED IN THE U.S.S. 1864 KPB REPLAT, PLAT NO. 2004-03, INCLUSIVE OF RlGHT-OF-WAYS OF APPROXIMATELY 1.11 (+/-) ACRES EXTENDING SOUTH FROM THE INTERSECTION OF OAK STREET AND HEMLOCK STREET AND SUCH ADDITIONAL RlGHT-OF-WAYS TO PROVIDE CONNECTING ACCESS TO THE 8 ACRE PORTION OF TIlE PROPERTY, AND APPROPRIATING FUNDS FOR THE FUTURE LONG TERM CARE SITE FOR A PURCHASE PRICE OF $830,000.00 WHEREAS, the proposed acquisition is a crucial component necessary to move forward with the construction phase for the future Long Term Care Facility ("L TCF") in the City of Seward; and WHEREAS, in comparing alternative sites for the LTC, the Seward City Council has weighed the issues of safety, suitability, timing, and price, where the total cost of property acquisition, site preparation, on-site building and landscape design, road and utility design, and installation of paved roads, water, sewer, and electric utility infrastructure; and WHEREAS, time is of the essence in acquiring a site for the construction of the LICF and the City has located land owned by Carol Griswold and Frank Griswold ("Sellers") who have agreed to sell to the City sufficient land for constructing the LICF on the terms l.Uid conditions set forth in the accompanying Purchase and Sale Agreement ("Agreement"); and WHEREAS, considering all of the evaluation criteria including cost, the proposed eight acres of property located directly west of the Seward Middle School ("Griswold property") is equal or superior to all other sites in terms of safety (seismic, soils, proximity W flooding, road access), suitability (soils, sloping, views, access, neighboring properties), timing (6.-9 months to construction) and overall price; and WHEREAS, the total estimated cost of preparing the Griswold property for construction is $2,395,000, including the following: 1) property acquisition = $830,000; 2) design costs = $525,000; 3) site work = $400,000; and utility installation (paved roads, water, sewer, electric) = $620,000, and this total package price is lower than any of the other site alternatives considered by the City; and WHEREAS, the total cost of this property relative to all other properties considered by the City results in a minimum cost savings of$300,000, in addition to being eqllal or superior in terms of nearly all of the other evaluation criteria; and Li SEWARD, ALASKA RESOLUTION 2007-060 PAGE 2 OF 3 . WHEREAS, the total aforementioned costs are within the original project cost estimates and are expected to be repaid through the issuance of revenue bonds which were approved by the Seward City Council by Resolution 2006-28 on March 13,2006, as amended in Resolution 2007-50 on May 14,2007; and WHEREAS, considering the nature of this project and factors of time, cost, and development requisites, the land and right-of-ways described above and in the Agreement will best meet the City's needs; aIlO WHEREAS, Seward City Code Section 7.05.120 permits the acquisition of real property by negotiation; and WHEREAS, the essential terms and conditions contained in the form of purchase and sale agreement (the "Purchase and Sale Agreement") have been available for public inspection for at least (10) days in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OF SEWARD, ALASKA that: Section 1. The recitals are hereby incorporated by this reference as findings in support of this resolution. The City Cotilicil further finds it is in the best interest of the City of Seward ("City") to purchase, by negotiation, and develop private property including right-of -ways in an amount of approximately 9.11 acres as substantially described in the accompanying Purchase and Sale Agreement (the "Agreernent") for the future site location of a Long Term Care Facility in the City, subject to capital financirtg and other conditional terms contained in the Agreement attached hereto. The City Council also finds that the essential terms and conditions in the Agreement and the method of acquisition are in the public interest. Section 2. The City Manager is hereby authorized to proceed with the acquisition ofland and right-of-ways (together, the "Property") described as comprising approximately 9.11 (+/ -) acres of the southwest comer ofurtsubdivided remainder of U.S.S. 1864, as reflected in the U.S.S. 1864 KPB Replat, Plat No. :1004-03, inclusive of right-of-ways of approximately 1.11 (+/-) acres extending south from the intersection of Oak Street and Hemlock Street and such additional right-of- ways to provide connecting access to the 8 acre portion of the Property (all more specifically described in the Agreement), with such Property to be surveyed and platted pursuant to the terms of the Agreement, and to execute the Agreement for a purchase price of $830,000.00 in substantially the form as presented at this meeting, and any other necessary legal documents to acquire fee simple title to the Property together with certain right-of-ways and to take all such action necessary under the Agreement to complete the purchase. ~ SEWARD, ALASKA RESOLUTION 2007-060 PAGE 3 OF 3 Section 3. The City hereby assumes Seller's road and utility development requirements as described in Seward City Code Title 16 for the City's purchase of the Property. Section 4. Funds in the amount of $10,000.00 are hereby appropriated from the General Fund fund balance account 101-0000-3050 to the Seward Long Term Care Facility Project Land Account 670-6700-5910 as an earnest money payment to be made in accordance with the Agreement, and additional funding in the amount of$830,000.00 is hereby appropriated from capital financing proceeds, provided revenue bonds are approved and issued by the Alaska Municipal Bond Banle Section S. This resolution shall take effect (30) days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of June 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk, CMC (City Seal) 6 Council Agenda Statement Meeting Date: June 25, 2007 Phillip Oates, City Manager Kit. V . From: Agenda Item: Purchase 9.11 (+/-) acres of the southwest corner of the unsubdivided remainder ofV.S.S. 1864, as reflected in the V.S.S. 1864 KPB Replat, Plat No. 2004-03, inclusion of right-of-ways of approximately 1.11 (+/-) acres extending south from the intersection of Oak Street and Hemlock Street and such additional right-of-ways to provide connecting access to the 8 acre portion of the property, and appropriating funds for a Long Term Care Facility in Seward for a purchase price of $830,000.00 BACKGROUND & JUSTIFICATION In early 2005, the City of Seward began considering potential sites for a new long term care facility (L TCF) in Seward. At that time, it was understood that a requirement existed to collocate any new hospital with the L TCF. This required a site of approximately 12 to 14 acres. On July 13, 2005, the City Council approved Resolution 2005-65, authorizing the use of Lots llA and 12A of the FortRaymond Subdivision #1 as the site for the new L TCF. In November, 2005, the City Council authorized fimding to proceed with an application for the Certificate of Need with the State of Alaska. On November 28, 2005, the City Council approved resolution 2005-131 establi!;hing a contract with Architects Alaska as the L TCF design firm. Since healthcare faCilities in Alaska cannot be constructed without the State's prior approval, the City Council authorized Providence to hire a hospital consultant to gather all of the information necessary to submit an application with the State. This process took 10 months, followed by 5 months for review by the State, for a total of 15 months. The application process required proof of support for the LTCF from the community, as well as financialjustification for the project. These requirements generated many meetings with the public, healthcare providers, staff, and residents of the current Wesley LTCF. " The design for the project officially began on December 5,2005. Detailed site analysis was conducted and included two extensive geotechnical analyses" wetlands studies, a phase 1 environmental assessment, and a flood hazard analysis. The results of these studies were finalized March 14,2006. These studies revealed that:fill in the amount of$1.5 million would be required to get the site adequately above the base flood plain elevation set by FEMA. In addition, the geotechnical analysis determined that the soils at the Fort Raymond site were prone to liquefaction in a seismic event to depths of 80'. After a preliminary foundation design was completed, it was determined that seismic mitigation costs would be appropriately $2 million. The combined cost to make the site buildable was estimated to be $3.5 million. These factors offset the advantages ofusing existing City land for construction of the facility. In a letter dated March 31, 2006, Mognak Construction & Excavating, Inc. offered appro"imately 27.5 acres for sale to the City in and near Forest Acres for a price of $871,500. 1 RESOLUTION 2007- PAGE 2 00 The sale agreement presented at that meeting was subject to a geotechnical analysis, availability of bond funds, and other stated conditions that the L TCF could be built on the property. On July 12, 2006, this agreement was signed with Afognak Construction & Excavating, Inc. to purchase approximately 27.5 acres of land and meet certain conditions. The application to construct the LTCF was submitted to the State on September 21,2006. . Fourteen days after the application was submitted to the State of Alaska, the City submitted an application to the Alaska Municipal Bond Bank seeking bond financing. The Bond Bank could not take action on the City's request until the State approved the Certificate of Need. The State Department of Health and Social Services administration originally anticipated State approval for the Certificate of Need application by November, 2006. However, approval took 5 months. Reasons for the delay included: 1) the magnitude of the project. 2) the fact that the proposed facility would be the first Green House facility in the state and therefore required additional review time, and 3) the outcome of the October elections. Specifically, the staff of DHSS requested that the Commissioner hire an outside third-party consultant to thoroughly review the City's application, which caused delay in receiving approval. The City received approval from the State for its Certificate of Need on February 22, 2007. On the following day, the City staff submitted a request to the Alaska Municipal Bond Bank, asking them to take action on the City's application for revenue bon<ls. The Bond Bank typically meets quarterly, but to accommodate the City's loan application, the board met on April 9, 2007. At that meeting, the City's application for bond financing was approved. Ultimately, the Certificate of Need process took a total of 15 months, and the bond process took an additional 7 weeks. City staffhad little control over the timeline, since the Certificate of Need approval rested with the State. Two other factors had an impact on purchasing the property from Afognak Construction & Excavating, Inc. The first was the October 2006 flooding that significantly damaged the Japp Creek levy adjacent to the proposed L TCF site. The second was the expirntion of the purchase and sale agreement in January 2007 (180 days from July 12, 2006). As a result of the flood. building the L TCF on the Forest Acres site now required repairing and certification by FEMA of the Japp Creek Levy or repairing the Japp Creek Levy, elevating the L TCF site above the flood plain, and redesigning plans for utility connections to the site. Certification of the levee by federal authorities would have been a difficult. time consmning, and uncertain process. Elevating the site and redesigning the utility infrastructure would add considerable time and expense to the project. As a result of these developments, the City Council directed the City Manager to develop and compare alternative LTCF sites with the site near Forest Acres. Other factors became know at that time that had an impact on a comparison of possible sites for the facility. Clarification was given by the State that a LTCF did not require collocation with a hospital. The size of the site could therefore be reduced to approximately 8 acres. In addition, it was determined that the bond issue was not site specific. As a result of a consideration of all of these factors, three alternative sites were compared to the site near Forest Acres. 1) RESOLUTION 2007- PAGE 3 on In comparing alternative sites for the L TCF, the City Manager considered the issues of safety, suitability, time, and cost. The cost considerations included the total costs of property acquisition, site preparation, on-site building, landscape design. road and utility design. and installation of paved roads, water, sewer, and electric infrastructure. The time required to complete the project was another factor impacting cost tX:cause the existing facility began to lose revenue in JanUary 2007 because of the age of the facility. As a result of a comprehensive comparison, property owned by Carol Griswold and Frank Griswold was assessed as the most desirable location for the LTCF. Their property, located directly west of the Seward Middle School, was superior to all other sites in terms of safety (seismic, proximity to flooding, road access), suitability (soils, slope, access, neighboring properties), time (6-9 months to construction) and overall price. Considering the nature of this project and the factors of safety, suitability, time, and total cost, the Carol Griswold and Frank Griswold property and right-of-way will best meet the City's needs. CONSISTENCY CHECKLIST: Where applicable, this Resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE The total estimated cost of preparing the Griswold property for construction is $2,395,000, including the following: 1) property acquisition = $830,000; 2) design costs = $525,000; 3) site work = $400,000; and utility installation (paved roads, water, sewer, electric) = $620,000. The total cost of the property, relative to the other properties considered by the City, results in a minimum cost savings of$3oo,OOO. In addition, the site is equal or superior in terms of nearly all evaluation criteria. The total aforementioned costs are within the original project cost estimates and are expected to be repaid through the issuance of revenue bonds which were approved by the Seward City Council by Resolution 2006-28 on March 13, 2006, as amended in Resolution 2007- 50 on May 14, 2007. Purchase of this private property is contingent on the positive outcome of remaining site analyses, as well as obtaining capital financing from the Alaska Municipal Bond Bank. Approved by Finance:....~ is., - \ 't -01 RECOMMENDATION City Council approve the purchase of9.11 (+/-) acres of the southwest comer of the unsubdivided remainder ofU.S.S. 1864, as reflected in the D.S.S. 1864 KPB Replat, Plat No. 2004-03, inclusion of right-of-ways of approximately 1.11 (+/-) acres extending south from the intersection of Oak Street and Hemlock Street and such additional right-of-ways to provide connecting access to the 8 acre portion of the property, and appropriating funds for a L TCF in Seward for a purchase price of $830,000.00. 9 PURCHASE AND SALE AGREEMENT (Approx. 9.11 acres of property immediately west and adjacent to Seward Middle School) This PW"Chase and Sale Agreement ("Agreement") is made as of July _, 2007, between CAROL GRISWOLD, a single woman, whose address is P.O. Box 1342, Seward, AK 99664- 1342 and FRANK GRISWOLD, a single man, whose address is 519 Klondike Avenue, Homer, AI( 99603 (collectively- hereinafter referred to as "Seller") and The City of Seward, a home-rule municipality under the laws of the State of Alaska, whose address is 410 Adams Street, Seward, AI( 99664 (hereinafter referred to as "Purchaser"). Purchaser and Seller agree as follows: 1. Purchase and Sale: Subject to the tenns and conditions of this Agreement, Sel1ec agrees to sell and Pmcbaser agrees to purchase good and marlc:etable title in fee simple the real property described as follows (the "Property"): A total of approximately 9.11(+/-) acres of property to include 8 acres of the southwest comer of the unsubdivided remainder ofU.S.S. 1864 as depiqted on U.S.S. 1864 KPB REPLAT, K.P.B. file #2004-031, plus a right-of-way of approximately 1.11(+/-) acres which encompasses a 6O-foot right-of-way exteoding south from the intersection of Oak Street and Hemlock Street to the northern most boundary of Tract A as depicted on U.s.S. 1864 KPB REPLAT, K.P.B. file #2004-031, plus such additional right-of-way to provide connecting access to the 8 acre portion of the Property: These quantities are close approximations for total acreage. Total acreage is contingent on the final plat agreed llp9D. by both parties as stated in 8(B). The Propecty (including the rights-of-way) is further described on Exhibit A (CRW Engineering Concept Drawing, June 2007) and on Exhibit B (V.8.S. 1864 KPB Replat, 3/04/04, as amended by Purchaser), each attached and incorporated by this refm::nce. 2. Purchase Price and Pavment Terms: The purchase price for the Property shall be $830,000 payable in immediately available funds. The amount of $10,000 (the "Earnest Money") shall be paid to the Escrow Agent described in Section 3 upon Purchaser signing and delivering this Agreement to Seller. After all other terms and conditions of this Agreement bavebeen satisfied, the balance of the purchase price shall be due to Sellec at Closing. The purchase of the Property and 8WIupriation for the purchase are subject to City Council approval. 3. Closing: The parties shall cause an escrow (the "Escrow") to be established with First American Title Company of Alaska - Seward Office ("Escrow Agent"). ConsnmmAtion of the sale (the -Purchase and Sale Agreement- -2007- -Page 1 of9- 10 "Closing") shall take place through the Escrow at the offices of the Escrow Agent, or such other place as Seller and PUrchaser agree in writing. Closing of the transaction shall occur within thirty (30) days following recording of the plat described in Section 8 unless extended in writing by mutual agreement of the parties. Seller and Purchaser shall cause the following to occur at Closing: (A) Completion of all contingencies listed in Section 8; (B) The Deed described in Section 5 shall be recorded in the records of the Seward Recording District, Third Judicial District, State of Alaska; (C) Purchaser shall pay to Seller the amount set forth in Section 2 of this Agreement; and (D) The underwriter for the Escrow Agent shall issue to Purchaser the title insurance policy described in Section 4. 4. Title: A standard owner's title insurance policy shall be paid for by Seller and delivered to Purchaser at Closing. If Purchaser elects to obtain an extended coverage ALTA Owner's Title Insurance Policy or any title endorsements, Purchaser shall pay the additional title insurance charges to obtain the endorsements or extended coverage. Purchaser shall be responsible for obtaining and paying the cost of any ALT A survey required to obtain extended coverage. Within fifteen (15) days of the date of this Agreement, Seller shall provide to Purchaser a preliminary commitment for title insurance.. Purchaser shall be entitled to review the preliminary commitment and shall have twenty (20) days to specify to Seller in writing any matters to which Purchaser objects. If Purchaser objects to any matters, Seller shall have thirty (30) days after written notice from Purchaser to attempt to eliminate the matters to which Purchaser has objected or to cause the underwriter for the Escrow Agent to insure over such matters.. SeIler shall notify Purchaser in writing, within the thirty (30) day period, if Seller is unable or unwilling to eliminate, or cause Escrow Agent to insure over, said matters.. Purchaser may then elect, by written notice to SeIler, either to waive the objectionable matters and proceed to Closing or to terminate this Agreement In the event this Agreement is terminated, the Earnest Money shall be refunded to Purchaser in full and the parties shall have DO further obligations to each other under this Agreement -Purchase and Sale Agreement- -2007- -Page 2 of9- \ \ 5. Deed: Marketable fee simple title to the Property, subject to those exceptions and reservations acceptable to Pm-chaser, shall be conveyed to Purchaser by a statutory warranty deed (the "Deed") duly executed by Seller and recorded at Closing. 6. Closinl! Costs: At Closing, Purchaser and Seller shall each pay half of the closing costs of the transaction, unless otherwise provided in this Agreement. Such closing costs shall include but not necessarily be limited to: Recording fees Document preparation fees Escrow closing fees PW'chaser shall pay at Closing the Purchase Price described in Section 2. Seller shall pay for standard owner's policy of title insurance and any outstanding as~ents or liens. Each party shall pay its own attorney fees and costs. . Real property taxes will be prorated to date of Closing and, if applicable, paid through Escrow. Any special assessments owed on the Property shall be paid in :full by Seller at Closing. 7. Seller's Representations and Warranties: The representations and waiTanties of Seller herein are a material inducement for Purchaser t~ enter into this Agreement Seller represents and warrants that: (A) Seller has not assigned or transferred, or agreed to assign or tomsfer, any right, title or interest in or to the Property to any person other than Purchaser; (B) Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; (C) Seller has not received any presently effective notices of any investigations, actions, suits, proceedings or claims pending against Seller in relation to the Property; (0) No legal claims are pending or, to the best of Seller's actual knowledge, threatened, concerning or affecting title to the Property or any condition existing on, in or under the Property, and that all approvals required by any federal. state, or local governmental authority or court that are necessary to consummate the transactions contemplated by this Agreement have been obtained; -Purchase and Sale Agreement- -2007- -Page 3 of9- \~ (E) To the best of Seller's actual knowledge, no above-ground or underground fuel storage tanks are or have been located on the Property; and (F) To the best of Seller's actual knowledge, Seller has not caused or allowed the placement of any hazardous substance on the Property, and to the best of Seller's actual knowledge, Seller has not caused or allowed the violation of any environmentaIlaw, regulation, or ordinance with respect to the Property. To the best of Seller's actua1 knowledge, Seller has not released, compromised, or waived any claim as to the liability of any party who may be potentially responsible for the presence of hazardous substances on or affecting the Property in violation of any environmentaIlaw, regulation or ordinance. Seller has not made any promises of indemnification regarding hazardous substances to any other person or persons relating to the Property. 8. Purchase and Sale Conditions Ptecedent and Special Provisions: The parties acknowledge that Purchaser and Seller's obligations to close on the purchase of the Property shall be subject to the following: (A) Approval of this Agreement by the City Council for the City of Seward; (B) Seller agrees to provide the necessary rights-of-way on the Oak Street extension (defined as where Oak Street intersects on the North at Hemlock: and proceeding south to the intersection of Oak Street and the northern most boundary of Tract A depicted in U.S.S. 1864 KPB REPLAT, K.P.B. file #2004-031), through Seller's property as shown on Exhibit B attached hereto. The right-of-way extension will be centered with the current Oak Street - Hemlock intersection. Seller finther agrees to provide an additional right-of- way as needed to gain access into the Property at the NE oomer of the 8 acre portion as described in Section 1 and depicted on Exhibits A and B. Total acreage is contingent on the final plat agreed upon by both parties; (C) Purchaser agrees not to consbuct a helipad on property; (D) Purchaser agrees to provide a vegetated buffer of 20 feet around the perimeter of the property, with the exception of access points to the property; (E) No litigation or other claim which has any probability or reasonable likelihood of success, challenges or controverts the Purchase.r's action to acquire the Property; (F) Purchaser's satisfaction that Seller can provide m8Iketable fee simple title to the Property. Final description of all real prope...ty to be conveyed is subject to Purchaser approval. Seller is to provide legal description for the Property; -Purchase and Sale Agreement- -2007- -Page 4 of 9- 13 (G) At Purchaser's cost, Purchaser may begin process to subdivide, rezone and replat the Property in any manner necessary to meet Purchaser's needs and Seller agrees to cooperate with this process and the parties will proceed diligently and in good faith to seek all approvals necessary. This process may begin on the date of this Agreement but no rezoning or replat shall be completed or recorded prior to Closing without Seller's approval ofsilch rezoning or replatting; (H) Seller may elect to participate in the IRe Section 1031 Tax Dererred Exchange. In such case, Purchaser agrees to cooperate in the exchange closing procedure and sign any documentation n€;CCSSary to conclude the IRe 1031 Tax Deferred Exchange. Purchaser shall incur no costs or liability for participating in the exchange process; (I) Purcbaser's acquisition of a rigbt.of-way from Kenai Peninsula ijorough as necessary to provide acCClls to the Property at the boundaIy of the NE comer of the Property (8.0 acre portion) and the the most northern. NW comer of Tract A depic~ in V.S.S. 1864 KPB REPLAT, KP.B. file #2004-031; and . . (J) At Purchaser's election, Purchaser may install underground utilities and construct access roads over the rights-of-way portions of the Property, beginning on the effective date of this Agreement. In the event that Closing does not occur, the Purchaser may either (1) remove all improvements from and restore the rights-of-way portions of the Property to substantially their original condition or (2) leave any roads constructed and utilities installed in place and leave the rights-of-way portions of the Property in reasonably clean and useable condition. All such constIUcti.on or restoration shall be at Purchasers cost. 9. Hazardous Material Seller covenants to the best of the Seller's knowledge, that as of the date of this Agreement, except as specifically identified herein, the Property is free of all contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state or federa11aw, and there are no underground storage tanks or associated piping on the Property. Seller agrees that no hazardous substances or wastes shall be located on, or stored on the Property, or any adjacent property by Seller, owner or contractors, nor shall any such substance be owned, stored, used, or disposed on the Property or any adjacent property by Seller, its agents, employees, contractors. or invitees, prior to Purchaser's ownership, possession, or control of the Property. . 10. Grant of License: Seller agrees that Purchaser may enter upon the Property during the period that this Agreement is effective to make any and all examinations, investigations, surface and subsurface -Purchase and Sale Agreement- -2007- -Page 5 of9- \L\ investigations, audits, reviews, inspections, tests, surveys and appraisals and to conduct and carry out any and all engineering studies and operations that Purchaser may desire, at Purchaser's sole cost and expense. This license for entry includes any constIUction by Purchaser or its agents and contractors under Section 8(1) above. 11. Remedies: In the event of ll11Y default by either of the parties hereto, the other party shall have the right to terminate this Agreement by written notice to the defaulting party and the Escrow Agent. If Seller defaults and Purchaser elects to temrinate this Agreement, the Earnest Money shall be immediately returned to Purchaser. If Purchaser defaults hereunder, actual damages to Seller will be difficult to calculate, but Purchaser and Seller agree that the amount of the Earnest Money designated above is a reasonable approximation thereof Accordingly, if Purchaser defaults, Seller shall be entitled to terminAte this Agreement and retain, as Seller's sole remedy, the Earnest Money. Lack of approval by the Seward City Council shall not be an act of default. This Agreement, while in good standing, may be canceled in whole or in part, at any time, upon mutual agreement by Seller and the Seward City Manager. The Agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. 12. Costs and Fees: If either party institutes suit concerning this Agreement, the substantially prevailing party shall be entitled to its attorneys' fees and costs. 13. Waiver: No delay in exercising any right or remedy shall constitute a waiver thereo~ and no waiver by Seller or Purchaser of a breach of any covenant or condition of this Agreement shall be construed as a waiver of any ~ing or ~ing breach of the same or any other covenant or condition of this Agreement 14. Assi~ment: This Agreement is binding on the heirs, successors, and assigns of the parties, but shall not be voluntarily assigned by either party without prior written consent of the oilier party. 15. Commissions: Each party represents and warrants to the other that it has not engaged the services of any broker, finder or other person who would be entitled to any commission or fee in respect to the -Purchase aud Sale Agreement- -2007- -Page 6 of 9- \!5 subject matter of this Agreement and each shall indemnify the other against any loss, cost, liability or expense incurred by the other as a result of any claim asserted by any such broker, finder or other person on the basis of any brokerage or similar arrangement or agreement made or alleged to have been made. 16. Notices: No notice, consent, approval or other commlD1ication provided for herein or given in connection with this Agreement shall be validly given, made, delivered or served unless it is in writing and delivered personally, sent by overnight courier or sent by express United States mail, postage prepaid, with return receipt requested, to: Purchaser: City of Seward ATTN: City Manager Phillip Oates P. O. Box 167 Seward, Alaska 99664 Seller: Frank Griswold 519 Klondike Avenue Homer, Alaska 99603 and Carol Griswold P.O. Box 1342 Seward, Alaska 99664-1342 or to such other addresses as either party may from time to time designate in writing and deliver in a like manner to the other party. Notices, consent, approvals, and communications given by mail shall be deemed delivered upon the earlier of three days after deposit in the United States mail in the.manner provided above or immediately upon delivery to the respective addresses seteforth above, if delivered personally or sent by overnight courier. 17. Entire Agreement: This docwnent and Exhibit A and B contain the entire Agreement between the parties. It may not be modified except by a written document signed by all parties. .Purchase and Sale Agreement- -2007- -Page 7 of9- \6 18. Construction of Agreement: The captions of the sections of this Agreement are for convenience only and shall not govern or influence the interpretation hereof This Agreement is the result of negotiations between the parties and, accordingly, shall not be construed for or against either party regardless of which party drafted this Agreement or any portion thereof 19. Surviving Covenants: The provisions of this Agreement shall survive the delivery of the Deed. 20. Time is of the Essence: Time is of the essence in performance of this Agreement 21. ControllinlI Law and Venue: This Agreement shall be governed by, construed under and enforced in accordance with the laws of the State of Alaska, and venue for actions between the parties arising out of or related to this Agreement shall be in the Alaska Superior Court, Third Judicial District, Anchorage, Alaska. 22. Further Assurances: Whenever requested to do so by the other party, SeUer or Purchaser promptly and expeditiously shall execute, acknowledge and deliver any and all such conveyances, assignments, confirmations, satisfactions, releases, instruments of further assurance, approvals, consents and any and all further instruments and documents as may be reasonably necessary, expedient, or proper in order to complete any and all conveyances, transfers, sales, and assignments herein provided, and to do any and all other reasonable acts and to execute, acknowledge and deliver any and all documents reasonably requested in order to carry out the intent and pwpose of this Agreement. including but not limited to subdividing and platting the land contlrining the Property. 23. Possession: Purchaser shall receive possession of the Property at the Closing and recording of the Deed. -Purchase and Sale Agreemcnt- -2007- -Page 8 of9- \1 FRCtl : FRFN< S GRISWOLD FAX NO. : 907 235 7627 Jun. 11 2007 04: 43PM Pi Executed this day of July. 2007. .Pnn:haser: Sellen: The City of Seward, Alaska Fnulk Griswold and Carol Griswold By: Phillip Oates, C~ty Manager By: &-~/1MGw4 Frank Griswold ~da~~ Carol GrisWQld By: A'ITBST: Jean Lewist CMC, City CleD: -Purolwe aDd Sale AgreemllUt- .2007. .Pap 9 of 9- \"Z ~lf~1~!l ," :J '!-~,':,:'s 11.lg it:;! ol!ilf; l "f;': U .I! \'~ . J HJ~ 1. !' I a i J J;.t! ~ ; I .i. j ul.. 111 ~I I . JAIl I Ii t . ~~ .lh ft~ ,) 1 i\~j illf n; tJ8 ; I ~. fl ~]lt Ii! I I 1 _. i Ii Ili1. r:~ f!; : ." n d:b :n hi J ft . ft ~ .. s ... ~ 1/ ~ . i8~~ ... ~. ;, I -~-~ ~ in~ llts.l8! "".....~~t!~Ii!S p;;S ! ldnl ~~~;;;~~~I ;~ Hn id Inn ~~~in~~ I! II! I ~~ d I" f 11 ~~~~-~13Sil . . .. . .e.1! f! J d . a~l~ .;t ! ~ ! ! ! li':l , I J i l ll!~illl ~ "'.;<i.e. 0(0 .. tiI . <> · .. g i ~ ~. ~ ! e; ... ~ JI ~ '. ~ I 1 I J~ J 11fe + ~ i ~ i 1____... #OO'!)J~.I~ zua'7. ... tI' ........ e........... Irftl ~..... .. t"r NDU.~ J 107 I . ON cx:;r, OBIFS AVM.!..lf9 ~o VI.l1 i i:!! ~ I . .c 'dt g~~it.iI! ~~ ii ~ ~ o~! ~512a ~ ~ .. !);! i: t a .- >>ii ! Hi' -u Sponsored by: PlanniD!! and Zooin!! Commission Introduction Date: June 25,2007 Public Hearing Date: July 9, 2007 Enactment Date: July 9, 2007 CITY OF SEWARD, ALASKA ORDINANCE 2007-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND THE REZONING OF LOTS 1-9 BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development a comtrtunity library / museum and to establish greater contiguity of CBD zoning on Block 8; llIid WHEREAS, the applicant submitted an application requesting Lots 1-6, Block 8, OTS be rezoned froni Auto Commercial (Ae) to Central Business District (CBD); and WHEREAS, the owners of the adjoining properties, Lots 7-9, Block 8, OTS, applied to be included in the rezone request; and WHEREAS, the current zoning designation of the properties is Auto Commercial (Ae) and the Land Use Plan designation is Office Residential (OR); and WHEREAS, the official maps described in SCC 15.01.030 will have to be amended from Office Residential (OR) to Central Business District (CBD) in response to this zoning change; llIid WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD) and two of the lots to the south of the subject land on Sixth Avenue are also zoned Central Business District; and WHEREAS, the adjoining lot to the South on Sixth Avenue, the lots to the East across Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (Ae); and WHEREAS, changing the zoning to Central Business is generally consistent with land use goals in both the Comprehensive and Strategic Plans; and ~\ City of Seward Ordinance No. 2007-003 Page 2 of2 WHEREAS, at their May 15,2007 and June 5,2007 meetings, the Planning and Zoning Commission reviewed the applications, held public hearings and recommended City Council approval of the proposed zoning amendment included ill this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Land Use Map of the City is hereby llll1ended by changing the land use designation of Lots 1-9 Block 8, Original Townsite of Seward from Auto Commercial (Ae) to Central Business District (CBD). (see attached map) Section 2. The official Zoning Map of the City is hereby llll1ended by changing the zoning designation of the Lots 1-9 Block 8, Original Townsite of Seward from Auto Commercial (Ae) to Central Business (CB).(see attached map) Section 4. This ordinance shall take effect thirty (30) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SE';W ARD, ALASKA, THIS. DAY OF 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~~ Council Agenda Statement Meeting Date: June 25, 2007 Through: Phillip Oates, City Manager ~K.V From: Donna Glenz, Planning Assistant Agenda Item: Amending the Land Use Plan and rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Ordinance 2007-xx, amending the Land Use Plan and Rezone of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central. Business District (CBD) (see attached maps). In 2006, the City purchased six lots on the West side of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development of a community library/museum. These six (6) lots are currently zoned Auto Commercial (AC). The property owners of Lots 7-9, located to the south of Lots 1-6, requested to be included in the rezone application. These three (3) lots are also currently zoiled Auto Commercial (AC). The current use on Lots 1-6, Block 8, OTS is a commercial building used as a second hand store on Lot 1 and an unoccupied single family home on lots 2-6. Lots 7-9 are developed with single family homes and with an established Bed and Breakfast business on Lots 7 & 8. The current zoning of the lots to the West are Central Business District (CBD) and the lots to North, South and East are Auto Commercial (AC). The current uses on the lots to the West consist of the current Seward City Libriuy, an apartment building and a single family home. The uses to the South are an established lodge and commercial use buildings. The uses to the East are an established Bed and Breakfast business and a single family home. The use to the North is anaute commercial garage and shop. Each of the nine (9) lots being considered for rezone is approximately 30 feet by 100 feet, each at approximately 3,000 square feet. The total land area of the requested rezone is approximately 27,000 square feet, which is slightly less than 2/3 of an acre. The land area meets the minimum size required for a rezone request, as per see 15.01.035, Amendments, (b) (3) "Exceptfor an ordinonce altering the boundaries of existing, contiguous zoning districts or an ordinonce which brings a parcel into conformance with the land use plan, no ordinance altering zoningwithin the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley tight-of-ways." The area requested in this zoning change is contiguous to ~3 SEWARD, ALASKA RESOLUTION 2007-3 PAGE 2 OF 3 the Central Business Zoning District by the lots directly to the West. In order for the lots to be rezoned, the underlying Land Use Plan will also have to be amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area become zoned Office Residential (OR). . see 15.05.025. Land use districts-Established, def'mitions a) Established The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This offiCial map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. The current zoning of the area requested for rezone is Auto Commercial (AC) defined in sec ~15.05.025 (b) (8) as: Intended to provide areas to accommodate highway oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The requested zoning change of the area for rezone is Central Business District (CBD) defined in SCC ~ 15.05.025 (b) (9) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail. financial. entertainment and professional services occurring within enclosedstructures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type, which are mutually beneficial and located close enough together to encourage walk-in trade. No off-street parking or setbacks are required in the CBD. The Land Use Map, as adopted by the 2020 Comprehensive Plan, desigJUltes the area requested for rezone as Office Residential (OR) defined in SCC ~15.05.025 (b) (6)~: Intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. CONSISTENCY CHECKLIST: Where applicable, this Resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Proced:ures. Recognizine the primary concern of all zoning actions is to promote public health, safety and general welfare (SCC ~ 15.01.01 0), Community Development recommends this rezone for several reasons: 1. This rezone will allow for the maximum use of the property currently planned for the community library/museum. There are limitations involved with attempting to prioritize community needs and desires ~L\ SEWARD, ALASKA lffiSOLtrrION 2007-3 PAGE 3 OF 3 2. with the land use needs for single family homes verses other activities. At this time the area has a very limited selection of land available for the community library/museum facility, whereas more options ofland are available for single family homes. 3. Both the 2020 Comprehensive Plan and the 1999 Strategic Plan support the construction of a new library/museum facility of the community. 4. Changing the zoning to Central Business is generally consistent with land use goals in both the Comprehensive and Strategic Plans. No objections or concerns were expressed from City staff other than providing information on the overhead electric lines l1.IlUling along the alley on the West property edge. A utility easement often (10) feet and fifteen (15) feet at the pole will be required at the time ofreplat. A public Planning and Zoning Work Session was held on April 17 ,2007 where several members of the public voice support for the rezone and the community library/museum project. At the time of this review staff has received several public verbal comments and two written letters from neighboring. property owners, all in support of the rezone. Staffhas received no objections to the rezone at the time of this review. As required by the Seward City Code ~ 15.01.040 (2), neighboring property owners within 300 feet of the area subject to review were notified of the proposed rezone and amendment to the Land Use Plan prior to the public hearings held by the Seward Planning and Zoning Commission on May 15 and June 5, 2007. The Commission unanimously approved Resolutions 2007-09 and 2007-11 recommending City Council approval of attached Ordinance 2007-xx, amending the Land Use Plan and Rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) FISCAL NOTE: Approved by Finance Department~ In-\q. -01 RECOMMENDATION: City Council approve Ordinance 2007- 3 , amending the Land Use Plan and Rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD). ;).5' Legend _ ""rol Resldonllsl 102?b1Single F.amily Residential _ Two Family _01 _ wtIFomllyResidontiol _U!'*'_ _OlIIco_oI _ HorborCommerclol _ Auto Commordol ~ Central Business Oistriet _M.JstrflIl _lnlltitutianol _...... _ ResoIRe MonogernonI Rezone of Lot 1-9, Block 8 OTS Current Zoning Map o 87.5 175 Feet I I 6 N Drawn By: Ordinance 2007-XX DGlenz Sheet No. Alaska Map Company Checked by: DGlenz Date: CC Mtg 6-25-2007 r. Rezone of Lots 1-9, Block 8, OTS .. .,,,,,"~,,,,.,,,,~,,,<~.,,,,"., :.;ii'::;~;,~~~,i.;0)~~,:;,~;~h,,:_it!;l~i%, Current Land Use Map CITY OF SEWARD PO Box 167 Seward AK., 99664 '.~." TwuF~Il..!derlli. + "'" "",.."",.-.. z U~ Raidel'llial Olllc:eRnidCllilll "",- HnorCo~ .....Com_ ~".; c.nHI~tliSbt:t ,-- .-.- "]I) Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RE(::PMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND JJSE PLAN AND THE REZONING OF LOTS 1-6, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, in 2006 the City purchased six lots on the northwest sjde of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the d~velopment a community library and museum; and WHEREAS, the current zoning designation of the property is A]J.to Commercial (AC) and the Land Use Plan designation is Office Residential (OR); and WHEREAS, the applicant submitted an application requesting LgtS 1-6, Block 8, OTS be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD) and two of the lots to the south of the subject land on Sixth A venue are also zoned Central Business District; and WHEREAS, the adjoining lots to the South on Sixth Avenue, the lots to the East across Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (AC); and WHEREAS, the Central Business District (CBD) was established to provide areas of convenient, concentrated commercial development primarily intended for retail, financial, entertainment and professional services, to encourage a compact group of businesses that encourage walk-in trade; and WHEREAS, the public notification process was complied with ll,Ild the appropriate public hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission on May 15, 2007. ~'A Seward Planning and Zoning Resolution 2007-09 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission finds that the rezone request meets the criteria ofthe Land Use Code for consideration of a rezone and recommends that Ordinance 2007 -xx be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th day of May, 2007. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: HoW, Clark, Roach', Hicks, Anderson, Smith, Keil None None None ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~~ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-11 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEW ARD,ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND THE REWNING OF LOTS 7-9, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTllAL BUSINESS DISTRICT (CBD) WHEREAS, the owners of Lots 7 & 8, and the owner of Lot 9, Blpck 8, Original Townsite of Seward have applied to amend the Land Use Map and change the zoning from Auto Commercial to Central Business District; and WHEREAS, the current zoning designation of the property is Auto Commercial (AC) and the current Land Use Plan designation is Office Residential (OR); and WHEREAS, the applicants of Lots 7-9, Block 8, OTS submitted an application requesting to be included with the rezone application of Lots 1-6, Block 8 OTS, from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the Planning and Zoning Commission held a public hearing on May 15, 2007 and approved Resolution 2007-09 recommending Council approve a rezone of Lots 1-6, Block 8, OTS from Auto Commercial (AC) to Central Business District; and WHEREAS, the Central Business District (CBD) was established to provide areas of convenient, concentrated commercial development primarily intende4 for retail, financial, entertainment and professional services, to encourage a compact group of businesses that encourage walk-in trade; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission on June 5, 2007. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 20 Seward Plarming and Zoriing Resolution 2007-11 Page 2 Section 1. The Commission finds that the rezone request meets the criteria of the Land Use Code for consideration of a rezone and requests staff include Lots 7-9, Block 8 Original Townsite of Seward in Ordinance 2007-xx to be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planriing and Zoriing Commission this 5th day of June, 2007. THE CITY OF SEWARD, ALASKA Tom Smith, Vice Chair AYES: NOES: ABSENT: ABSTAIN: Ariderson, Clark, Hicks, Roach', Smith None Hohl, Keil None ATTEST: Jean Lewis, CMt City Clerk (City Seal) ~\ Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEEMENT BETWEEN THE CITY OF SEWARD AND THE LoWELL POINT EMERGENCY SERVICE AREA FOR THE PURPOSE OF FIREFIGHTING AND RESCUE OPERATIONS WHEREAS, the City of Seward, the Bear Creek Volunteer Fire Department, the Moose Pass Volunteer Fire Company and the Lowell Point Emergency Servic~ Area are the emergency responders for the Eastern side of the Kenai Peninsula; and WHEREAS, the City of Seward currently has mutual aid agreements in place with the Bear Creek Volunteer Fire Department, the Moose Pass Volunteer Fire Company and both State and Federal Forest Services; and. WHEREAS, AS 18.70.150 permits a city to adopt an ordinance or resolution authorizing and permitting their fire department to go to the aid of another city, incorporated entity, fire protection group or territory outside of it; and WHEREAS, having a mutual aid agreement in place will clarify the two agencies roles, responsibilities and dispatch procedures, as well as facilitate joint training exercises and communications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CQUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Mutual Aid Agreement, in accordance with the terms and conditions and in substantial form as attached hereto with the Lowell Point Emergency Service Area. Section 2. The City Manager and Seward Fire Chief are authorized to execute and amend the Operations Plan pursuant to this Agreement without further review by the Council so long as they do not conflict with the Mutual Aid Agreement. 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 25th day of June, 2007. ~~ Council Agenda Statement Meeting Date: June 25th, 2007 To: Mayor and Council Members r of' SE"'s< l~',\,~~ ~"'P'O' ~ '-I "V~" ".~ ;;;~i;~ . r, ~ ...... From: Edward Athey, Deputy Fire Chief Phillip Oates, City Manager Klt,i David Squires, Fire Chief Thru: Agenda Item: Mutual Aid Agreement with the Lowell Point Emergency Service Area BACKGROUND & JUSTIFICATION: In the past, the City of Seward has been requested to respond to fire and rescue events in the Lowell Point Emergency Service Area without having a formal mutual aid agreement in place. The Lowell Point Emergency Service Area currently lacks the necessary personnel and equipment to safely fight fires and depends on assistance from the City of Seward and the Bear Creek Fire Service Area. The Lowell Point Emergency Service Area Board has approached us requesting a formal mutual aid agreement. Many of the Lowell Point Emergency Service Area responders work in the Seward area and can be called upon for additional trained personnel in the event of large scale emergency within City limits. The City of Seward currently has similar mutual aid agreements with the Bear Creek Volunteer Fire Department, the Moose Pass Volunteer Fire Company, the US Forest Service and the State of Alaska Division of Forestry. The Kenai Peninsula Borough has passed Resolution 2007-039, approving a mutual aid agreement between the Lowell Point Emergency Service Area and the City of Seward. This Agreement with the Lowell Point Emergency Service Area is a logical addition to our current Mutual Aid Agreements. INTENT: To provide a responsible solution to an identified problem without affecting the current level of service provided to the residents of the City of Seward. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Little to no additional operational cost anticipated as a result of this Agreement. Approved by Finance Department: ~~~ lP ~ ~ q -01 3~ RESOLUTION 2007- PAGE 2 of2 RECOMMENDATION: Council approve Resolution 2007- [p I approving the City Manager to enter into an Agreement between the City of Seward and the Lowell Point Emergency Service Area ~-; L\ II.....JI ,\,............... .... II....... ..................... I jJjl JI..... LVV I'"-V'"-'-'V........ J. VI.....I V"; '-'. ._.;'~,. Introduced by: Date: Action: Vote: Mayor 06/05107 Adopted as Amended 9 Yes, 0 No, 0 Absent KENAI PENINSULA BOROUGH RESOLUTION 2007-039 A RESOLUTION APPROVING A MUTUAL-AID AGREEMENT BETWEEN THE LOWELL POINT EMERGENCY SERVICE AREA AND THE SEWARD VOLUNTEER FIRE DEPARTMENT WHEREAS, mutual aid agreements provide for additional resources to residents of the affected areas in the fOlm of fire and emergency personnel when needed; and WHEREAS, mutual-aid agreements are common in the fire and emergency medical services professions; arid WHEREAS, Alaska Statute 18.70.150 provides that: "a city, other incorporated entity, and other rue protecti01'1 groups may organize a mutual~aid program by adopting an ordinance or resolution authorizing and permitting their rlIe department, fire company, emergency relief squad, fire police squad, or f1!e patrol to go to the aid of another city, incorporated entity, or fire protection group or territory outside ofit."; and WHEREAS, all associated costs are borne by each responding agency, and in this manner costs for manpower, materials, supplies and equipment are exchanged between the agencies, ultimately resulting in service area funds being expended for the benefit of the service area; and WHEREAS, upon approval of this resolution and execution of the mutual aid agreement, the fire chiefs of each agency will execute operations plans detailing the available equipment and coordination of response with the Mayor's and City of Seward's approval; and WIlEREAS, Lowell Point Emergency Service Area does not currently have the necessary trained personnel or equipment .to .effectively. fight fires without assistance from other agencies; and . WHEREAS, it has been past practice for the Seward Volunteer Fire Department to respond within the Lowell Point Emergency Service Area without a mutual-aid agreement in place; and WHEREAS, having a mutual-aid agreement in place would clarify the two agencies' roles, responsibilities and dispatch procedures, as well as facilitate joint training exercises andcorrununications;and Kenai PeninsLlla Borough, Alaska Resolution 2007-039 Page 1 Qf2 '2.(" I I III IIVI J. VV r L'VL-UVUU I, U.J/ U.J WHEREAS, at a special meeting held on June 1,2007, the Lowell Point Emergency Service Area Board recommended approval of the mutual aid agreement and that the agreement be revised to continue indefinitely until terminated; and WHEREAS, the Council for the City of Seward will consider approviIig this mutual-aid agreement with Lowell Point Emergency Service Area as soon as reasonably practical; and WHEREAS, because the risk of fires will likely increase as the swnmer season matures it is important to have a mutual-aid agreement in place as soon as possible, and, due to scheduled meeting times, approval by the Assembly of the mutual-aid agreement is necessitated prior to approval by the City of Seward; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The attached mutual-aid agreement is in the best interest of the taxpayers of the Lowell Point Emergency Service Area and is hereby approved by the assembly. SECTION 2. The Mayor and Lowell Point Emergency Fire Chief are authorized to execute and amend Operations Plans pursuant to this agreement without further review by the Assembly so long as they do not conflict with the mutual-aid agreement. SECTION 3. That this resolution shall take effect upon jts adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BO;ROUGH THIS 5TH DAY OF JUNE >007. ~<~ Ron Long, Assembly Pre sid nt Yes: Fischer, Germano, Gilman, Knopp, Martin, Merkes, Sprague, Superman, Long None No: Absent: None Resolution 2007-039 Page 2 of2 K~nai I:'oninsula Borough. Alaska '"2.~ ......,'-. ,J '--.. ~ "'''j '<;. ~rr;Q. I ~j.."".'" , / .. a:a " i M) ~._._, i ~\.. ' ! ;,'~ , ~fJ' '~ ",.,---~ ; ~"J KENAI PENINSULA BOROUGH Office of the Borough Mayor 144 North Binkley Street _ Soldotna, Alaska 99669-7599 Toll-free within the Borough: 1-800-478-4441, Ex!. 2150 PHONE: (907) 714-2150 _ FAX: (907) 714-2377 www.borough.kenei.ek.us JOHN J, WILLIAMS BOROUGH MAYOR To: Ron Lohg, Assembly President Assembly Members From: Mayor John J. Williams Date: May 23, 2007 Subject: Resolutibn 2007-039, and Resolution 2007-040 Approving Mutual-Aid Agreements Between the Lowell Point Emergency Service Area and Bear Creek Fire Service Area and Between the Lowell Point Emergency Service Area and the Seward Volunteer Fire Department, respectively. The Lowell Point Emergency Service Area (LPESA) currently lacks the necessary personnel and equipment to fight fires on its own and relies on the Bear Creek Fire Service Area and/or the Seward Volunteer Fire Department to fight fires within the LPESA. Currently, the LPESA does not have a mutual-aid agreement with either entity. A recent house fire within the LPESA has highlighted the need for such agreements to be in place. Mutual-aid agreements between the LPESA and Bear Creek Fire Service Area and Seward Volunteer Fire Department will clarify the roles and responsibilities of the parties when emergencies occur, foster joint training exercises and improve communications. Mutual-aid agreements are authorized by state statute upon approval by assembly resolution and are common within the industry. Due to recent events in LPESA and the impending fire season it is important to have the agreements in place sooher than later. For this reason, the administration asks that the assembly respectively consider these agreements before they are approved by the Bear Creek Fire Service Area and the City of Seward. The Agreements, if approved by the Assembly, would become effective upon approval by the Bear Creek Fire Service Area and the City of Seward. 3'1 KENAI PENINSULA BOROUGH Legal Department 144 North Binkley Street. Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-4784441, Ex!. 2120 PHONE: (907) 714-2120 . FAX: (907) 714-2379 www.borough.kenaLak.us JOHN J. WILLIAMS BOROUGH MAYOR MEMORANDUM TO: FROM: Ron {.{}ng, Assembly President Members, Kenai Peninsula Borough Assembly John J. Williams, K~sula Borough Mayor Scott Bloom, ~~ Attorney THRU: DATE: June 4, 2007 SUBJECT: {.{}well Point Emergency Service Area's Request for an Amendment to Resolution 2007-039, A Resolution Approving a Mutual-Aid Agreement Between the {.{}well Point Emergency Service Area and the Seward Vplunteer Fire Department The Lowell Point Emergency Service Area Board met at a special meeting Oil June I, 2007, and recommended approval of Resolution 2007-039. The Board requested that the assembly make one change to the subject Mutual Aid Agreement. Section 9 ofthe Agreement currently states that it shall continue for four years. The Board would like the Agreement to continue indefinitely, The Board's recomniendation can be accommodated by striking the term "for four years" from Section 9 as follows: 9) This Agreement shall continue from year to year[ FOR FOUR YEARS], or until such time as either party hereto serves thirty (30) days' written notice of the intent to withdraw from or change the said Agreement. All notices regarding withdrawal or amendment of the Operations Plan shall be mailed via certified mail to the other agency at the address listed above. I I i I I . The administration requests that the assembly amend this resolution as follows: · WHEREAS, at a special meeting held on June 1. 2007, the Lowell Point Emergency Service Area Board recommended aooroval of the mutual aid aereement and that the agreement be revised to continue indefinitely until terminated; and Agendaltem p _ \ . e., CommitteE;! V,\'u-O\P""-, ~ ?rc\CQd.\.;\\~i I Page Number \ I il'S I 3'8 Operations Plan Seward Fire Department And Lowell Point Fire Service Area This Operations Plan is authorized by the City of Seward through the Seward Fire Department (SFD) and the Lowell Point Emergency Service Area (LPESA), ~ice area of the Kenai Peninsula Borough, in the Mutual Aid Agreement dated the I).. dayof'l ",;J v:i<- , 2007. The purpose ofthls Operations Plan is to outline the procedures for conducting a mutual aid response between the SFD and the LPESA. This Operations Plan will be a guide for the normal operations of each agency when requesting fire and rescue assistance. This Operations Plan may be revised, amended, or altered only in conformance with the procedures set out in the Mutual Aid Agreement. 1) RESPONSE AREAS i) LPESA personnel may provide fire/rescue services as requested by the SFD at the location of a fire/rescue emergency to which the SFD has been dispatched and located within the boundaries of the City of Seward. ii) SFD personI1el may provide fire/rescue services as requested by LPESA personnel at the location of any emergency to which the LPESA have been dispatched and located within the boundaries bfthe LPESA response area. 2) COMMAND i) The incident commander in whose jurisdiction the emergency exists, and who places a request for aid shall iiJ. all instances be in command of the emergency response as to the aspects of strategy, fire control tactics, and overall direction of the operation. ii) Upon arrival dfthe requested agency at the scene of the emergency, all personnel, materials, and equipment shall remain in command of the requested agency's Officer in Charge (Ole). The requested agency's OIC shall report to the requesting agency's OIC for assignment following standard Incident Command Procedures outlined by the National Incident Management System (NIMS). 3) EMERGENCY RESPONSE i) Each agency shall supply qualified Driver-Operators for requested vehicles or equipment. ii) Neither agency shall respond to any emergency in the other agency's jurisdiction without an official request for mutual aid from that agency's OIC. A declared East Zone or Borough wide disaster or emergency and any agreement between both parties for automatic mutual aid to be provided for identified target hazards shall be excluded from this requirement. 4) COMMUNICATIONS AND CORRESPONDENCE i) Radio communications during emergency responses shall be on the requesting agency's frequency, or an agreed established mutual aid frequency. Each agency agrees to allow the use of their radio frequencies during emergency operations. ii) Correspondence regarding day-to-day business or problem resolution will be routed through the Chief, Deputy Chief or Assistant Chief, of the respective agency. If the matter cannot be resolved on that level, the matter shall be forwarded to the Lowell Point Emergency Service Area's Board bfDirectors, the Kenai Peninsula Borough Mayor and the Seward City Manager. Page 1 of3 3~ Operations Plan Seward Fire Department And Lowell Point Fire Service Area 5) TRAINING i) Each agency may participate in either agency's scheduled training with prior notice. Joint training exercises shall be conducted at least once a year within each jurisdiction to upgrade operational procedures in frrefighting and communications, etc. This will help ensure that both agencies work as a single coordinated force during emergency operations. 6) FIRE/RESCUE INCIDENT REPORTING i) Each agency shall be responsible for the reporting of any incident in accordance with its own established procedures and shall provide copies of reports involving IIllltual aid to the other agency upon request. 7) WATER SUPPLY SYSTEMS i) The requesting agency shall identify water sources to be used by the requested agency during a response. If there are special adapters or fittings that are required to llse the water source and the requested agency does not normally use such devices, the requesting agency shall supply such adapters or fittings for use. ii) In the event of tankers being used as a water supply system the requesting agency shall designate a Water Supply Officer (WSO). 8) CLEANUP RESPONSIBILITY . . i) Cleaning of equipment and apparatus following a mutual aid response shall be the responsibility of the agency providing the equipment and apparatus. 9) COST REIMBURSEMENT i) Any special firefighting chemicals used by the responding agency from their own supply, at the request of the requesting agency, shall be paid for or replaced at cost by the agency requesting the mutual aid. An itemized statement of costs shall be provided by the requested agency to facilitate this replacement. 10) EMERGENCY MEDICAL SERVICES i) Emergency medical response service shall be requested by each agency in accordance with their normal operating guidelines for their area. ATTACHMENTS TO OPERATIONS PLAN The following shall be attached to this plan and updated annually: A PERSONNEL ROSTER B. VEHICLE TYPE AND CAPACITY C. RESCUE EQUIPMENT LIST D. CHAIN OF COMMAND E. RESPONSE AREA Page 2 of3 L\[) Operations Plan Seward Fire Department And Lowell Point Fire Service Area LOWELL POINT EM:ERGENCY s~ By: ~~ Fire C oef '\ Date: J'3....J lA.ntr l-t.;o7 SEWARD FIRE DEPARTMENT .0 ... /) /J (By: ['\ ~ e~~ ~ Chief _ Date: I 7~ ...(.......1.<.-- ocoo::;- KENAI PENINSULA BOROUGH By: Borough Mayor Date: ATTEST: By: Borough Clerk Page 3 of3 L\\ Mutual Aid Agreement Between The City of Seward And the Lowell Point Emergency Service Area This Agreement is made and entered into as of this &. day oflCli1L.___, 2007, by and between the City of Seward, a municipal corporation. whose address is P.O. Box 167. Seward, Alaska 99664, and the Kenai Peninsula Borough. a municipal corporation, on behalf of the Lowell Point Emergency Service Area (LPESA), whose address is 144 N. Binkley St., Soldotna, Alaska 99669, to provide for mutual aid fire protection and emergency services as requested. The parties agree as follows: I) That the officer in charge (arC) of any of the participants in this Agreement may solicit the aid of any or all of the other members hereto in the form of personnel, equipment, or materials in order to provide tIre protectiOtl, emergency services and/or to render such other assistance as may be necessary during an emergency. 2) That the requesting agency shall give concise directions as to the location of the emergency, the personnel, equipment, and materials requested. along with a full and complete disclosure as to the current circumstances and nature of the emergency. The requested agency may also respond with additional equipment, persQnnel. or materials, although'not specitIcally requested but deemed necessary, to mitigate the emergency. 3) A request for fire department equipment, materials, and personnel may be denied in part or in whole if, in his/her absolute discretion, it is determined by the ore of the requested agency that ii is in the best interests of the area normally served by the requested agency to deny such a request. Should it be determined by ole of the requested agency that the requested level of aid cannot be rendered, the Ole will immediately, as practical, notify the requesting agency that the requested level of aid cannot be supplied and at what level, ifany, assistance can be provided. 4) Upon arrival of the requested agency at the scene of the emergency, all personnel, materials, and equipment shall remain under the command of the requested agency's arc The requested agency's Ole shall report to and operate under the direction of the requesting agency's Ole. 5) That should it become necessary to withdraw a portion or all personneL materials, or equipment in order to meet an emergency situation in the requested agency's service area, such withdrawal shall be at the sole discretion of the ole of the requested agency. Withdrawal may also be made at the sole discretion by the Ole of the requested agency if they determine that the requested agency's personnel and equipment are being subjected to unnecessary or unreasonable danger. Any such withdrawals shall pe coordinated with the requesting agency's ole. 6) That each participant herein shall be responsible for providing their own insurance and workers compensation coverage while traveling to. operating at or s~Lpporting operation of, and returning tram the scene of the emergency. 7) No equipment shall be loaned for use by pcrsollno;;] who have not been trained in the proper operation of the equipment. Any equipment loaned to either "geney, whieh is in its care, custody, and controL shall he t'eturned in the same Ct)llditioll as when it was loaned. The replacement cost of any equipmenl 10,[ or dill11<1gcd by rhe requested agency Page I L\~ Mutual Aid Agreement Between The City of Seward And the Lowell Point Emergency Service Area shall be borne by the requested agency. so long as the loss or damage occuri-ed while it was under the control of the requested agency's Ole. Consumable materials used by the requested agency shaH be replaced by the requesting agency_ 8) The provision of mutual aid under this Agreement will follow guidelines as set forth in the Operations Plan, attached hereto and incorporated by this reference, as it may be amended from time to time_ A review board, consisting of the two highest ranking officers available from each agency. shall meet annually prior to the anniversary of this Agreement to review that year's mutual aid activity and the Operations Plan. Minutes of this meeting shail be kept for review throughout the duration of this Agreement. If deficiencies in the Operations Plan are discovered, both agencies must agree to correct those deficiencies before the a1miversary of the subsequent agreement. 9) This Agreement shall continue from year to year, or until such time as either party hereto serves thirty (30) days' written notice of the intent to withdraw from or change the said Agreement. All notices regarding withdrawal or amendment of the Operations Plan shall be mailed via certified mail to the other agency at the address listed above. 10) This Agreement inay not be assigned. Regardless of the date each party signs, the effective date for purposes of this Agreement shall be the date stated in the introductory paragraph on page one. CITY OF SEWARD KENAI PENINSULA BOROUGH By: Its: City Manager Date By: Its: Mayor Date ATTEST: ATTEST: Jean Lewis, City Clerk Borough Clerk Approved As To Fonn And Legal Sufficiency: LOWELL POINT EMERGENCY SERVICE AREA BY~~(G!O~u, S,.,,) Its: .. L pt,sA Date: cd/ ~ /07 , , Scott Bloom, Asst. Borough Attorney Page 2 L\'3 PERSONNEL ROSTER NAME "'.." ti."l"'.. j~.. .if='" \'It@',1~~~:0~~ Athey, Eddie Butts, Dale Campbell, Jilian Chapman, Austin Corrigan, Kathleen Corrigan, Karen Corrigan, Sean Corrigan, Walter Edlin, Michelle Flowers, Jacob Gage, Jonathan Gibbs, Arthur Jacobson, Curt Lau, Chris McHone, Mike McHone, Susan Moon, Terry Nelson, Andrew Sewall, Cordelia Schultz, Eric Sheldon, River Simons, Clifton Smith, Richard Squires, David Sutherland, Marilyn Sutherland, Don Turner, Curtis Tuthill, Jerry Watsjold, Oscar White, Robyn Willey, Sean CITY OF SEWARD FIRE DEPARTMENT TlTLE/ POSITION Wl~" :;~ , :'1'.;:. % c Deputy Fire Chief Captain Firefighter Firefighter Firefighter Firefighter Assistant Chief Chaplain! Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter CaptainlEngineer/ Firefighter Firefighter Firefighter Firefighter Firefighter Assistant Chief Firefighter Fire Chief Firefighter Engineer Firefighter Engineer Station Captain Firefighter Firefighter L\L\ RADIO ID NUMBER c~, #{~fr~l?!t~~?,~ ~~}~:41~~~[%~i~~0F D81 D84 D93 D93A D95A D91A D91A HB64 D97A D91B D88 D94 FM29 D96A D29 029A D85 087A 096 D89A D94A 098 D99 D80 D90B D90B 087A 083 082 092A 090A Excel Rev 7/25/2006 UNIT Call Water # Description Hose Pump les Seated 2003 Sign Capacity Type Positions 352 Engine 1 KME Custom Pumper- 1996 KME MFD 1000' of 5" , top mount pumping engine with hale 1500 1250' of3" gpm Pump, 750 gallon water tank 500' of 1.75" 750 Gallons 1500 GPM 1 5 . 30' 6" suction 351 Engine 2 1965 Ford Pumper Truck - Lefrance- 800' of 5" Location SMIC- 1250 gpm pump - 500 750' of3" gallon water tank 300' of 1.75" 500 Gallons 1250 GPM 1 3 150' 1" booster 30' 6" suction 359 Engine 3 1985 Federal pump truck - 1500 gpm 1000' of 5" pump - 500 gallon water tank 1350' of3" 500 Gallons 1500 GPM 1 5 450' of 1.75" 361 Engine 4 Fire Truck - 1982 Ward - 1250 gmp 1000' of 5" pump, 1000 gallon water tank 1150'of3" 400' of 1.75" 1 000 Gallons 1250 GPM 1 5 150' 1" booster 30' 6" suction 354 Rescue 1 1981 Chev Van 32421 - Location SMIC Light Rescue 2 360 Rescue 2 KME Heavy Duty Rescue - 1996 freight1iner chassis with 18' KME rescue 7 358 Squad 1989 Ford F350 Squad 1 1 Brush Unit 2 : 353 Comman 2006 Dodge 3500 Ram Quadcab 4 door d 1 Command 1 Support 5 355 Comman 2006 Dodge 3500 Ram Quadcab 4 door 0 d 2 Command 1 Support 5 363 Boat 1 Calkins Trai1erl Inflatable Boat Fire Boat 2004 MetalCraft Marine Fire/ Rescue/ 75' of3" . Police Vessel 30 Foot, 364 John 150' of 1 3/4" 1500 GPM 6 Foster Aluminum 2-Honda masterstream . 225 HP gas enPines . 367 Squad 2 2005 Jeep Wrangler Unlimited 4 Support & Back Country Vehicle Seward Fire Department Vehicles L\S Rescue 1 Equipment: Amkus hydraulic generator Amkus Cutters, Ram, Spreaders Hydraulic hand pump Chains, Hand tools for extrication Electrical generator wi lights Air packs wi spare cylinders Fans Chainsaw K-12 saw Blocking materials Rescue 2 Equipment: Amkus hydraulic generator Amkus Cutters, Ram, Spreaders Amkus hydraulic hand pump Chains Air Bags (high and low pressure) Electrical generator wi lights Air packs wi spare cylinders Cascade system Mountain rescue equipment (rope, climbing equipment, sked unit, etc.) for a team of 4 + Full compliment of salvage and overhaul equipment (tarps, runners, plastic,) Fans Chainsaw K-12 saw Air monitoring equipment Radios (portable) 2-.\\0 ASSISTANT CHIEF Clif Simons CAPTAIN "A" Terry Moon ENGINEER Donald Sutherland FIREFIGHTERS Jacob Flowers Curtis Turner Karen Corrigan Richard Smith River Sheldon Katie Corrigan Wally Corrigan Sean Willey Dane Melvin Marilyn Sutherland Christopher Squires Nena Butts Tom Callahan Per David OS/2007 SEWARD FIRE DEPARTMENT CHIEF David Squires DEPUTY CHIEF Eddie Athey STATION CAPTAIN Oscar Watsjold Assistant Station Captain Andrew Nelson ENGINEER ASSISTANT CHIEF Sean Corrigan CAPTAIN "B" Dale Butts ENGINEER Jerry Tuthill FIREFIGHTERS Curt Jacobson Chris Lau Cordelia Sewall Jilian Campbell Eric Schultz Austin Chapman Art Gibbs Michelle Edlin SEASONAL & INACTIVE RESERVE Robyn White L\, James Collman Jonathan Gage Mike McHone Susan McHone 4@ Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT TO RESOLVE AN EMPLOYMENT DISPUTE FOR A TOTAL OF $50,000.00 WHEREAS, the City is actively working to resolve all outstanding disputes with the IBEW and Boyd Morris arising from Mr. Morris' employment with the City as a lineman under a collective bargaining agreement with the IBEW; and WHEREAS, these disputes are both costly, time consuming and include filings with the Local Union (IBEW 1547), other forums, and Worker's Compensation; and WHEREAS, Boyd Morris and IBEW have offered settlement terms to the City for $50,000.00 in exchange ror dismissal of all claims against the City; and WHEREAS, it is in the City's best interest to settle under these terms; and WHEREAS, the settlement agreement provides for payment by the City of $30,000.00 as follows: $1,500.00 to IBEW for related Union dues and $28,500 to reimburse AMUJIA for payments in a compromise and release agreement ( C & R). An additional $20,000.00 will be payable by AMUJIA in the C & R. 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 pay a total of $30,000.00, in conjunction with a $20,000 payment by AMUJIA, pursuant to a settlement agreement with Boyd Morris, which settlemerit agreement is also hereby approved. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of June, 2007. '-\~ Council Agenda Statement From: Tim Barnum, Electric Utility Manager Meeting Date: June 25, 2007 Through: Phillip Oates, City Manager /(.Ky' Agenda Item: Authorizing the City Manager to enter into a settlement agreement to resolve an employment dispute BACKGROUND & JUSTIFICATION: This is a global settlement pursuant to a settlement agreement pertaining to all outstanding grievances, complaints and workers compensation claims relating to Boyd Morris, who had been employed by the City as a lineman pursuant to a collective bargaining agreement with mEW. CONSISTENCY CHECKLIST: Where applicable, this Resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: ~ Approved by Finance Department: . lQ-\o...~o1 RECOMMENDATION: City Council approve Resolution 2007-'2. authorizing the City Manager to pay a total of $30,000.00, in conjunction with $20,000 to be paid by AML/JIA, pursuant to a global settlement agreement with Boyd Morris and mEW. so SETTLEMENT AGREEMENT The parties to this Settlement Agreement ("Agreement") are BOYD MORRIS ("Morris"), the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1547 ("Union"), and the CITY OF SEWARD ("City"), and said parties agree to the terms of this Agreement subject to satisfaction of the conditions set forth herein. 1. Puroose. The parties enter into this Agreement in order to settle all differences between them and to take all steps necessary to expedite satisfaction of the terms herein. Any disputes in the interpretation of this Agreement or the actions or documents contemplated hereunder will be resolved in order to accomplish the purpose of this Agreement. 2. Exchange of Consideration. (a) Actions by the City. The City will payor cause to be paid the sum of $50,000 to Morris and the Union as follows: (1) $1500 will be paid by the City to the Union; (2) $48,500 will be paid to Monis pursuant to the allocation set forth in a Compromise and Release ("C&R") approved by the Alaska Workers Compensation Board, which allocation shall be substantially as follows: (A) $5000 for TTO; (B) $7500 for PPI; (C) $26,000 for rehabilitation; and (D) $10,000 for transportation. (b) Morris will withdraw and dismiss or cause to be dismissed with prejudice the following actions (1) Grievances COS 06-09, 06-11, and 07-01; (2) EEOC action 551-2006-02471 and any state or local agency referral thereof, including ASCHR No. E-06-033; Settlement Agreement Page 1 ~\ (3) Any and all claims (pursuant to the Compromise and Release) against the City arising under the workers compensation statutes and rules of the State of Alaska, except that claims by Morris for medicals shall remain open excepting therefrom transportation and narcotics. (c) The Union will withdraw and dismiss with prejudice Grievances cas 06-09.06-11. and 07-01. 3. Necessarv Aoorovals. The representatives of the parties will recommend and take actions to obtain all necessary approvals of the actions contemplated under this Agreement, including but not limited to: (a) Approval by the City Council of City at the next available Council meeting (currently scheduled to be June 25,2007); (b) Approval of a C&R by the Alaska Workers Compensation Board. containing substantially the terms described in paragraph 2(a)(2) above. 4. Documents Prepared Prior to Final Closin9. (a) Morris and the Union shall upon execution of this Agreement promptly prepare and execute withdrawal/dismissal documents necessary to implement the actions described in paragraph 2(b)(2) above and provide copies of the executed documents to City counsel Robert M. Johnson. (b) A C&R shall be prepared by the City and approved by Morris and Bill Wielechowski. 5. Actions Uoon ComDletion of Approvals. Upon obtaining the approvals described in paragraph 3 above, payments by or on behalf of the City described in paragraph 2 above shall be promptly made to Morris and Union and consistent with the C&R. Concurrently with such payments, the signed withdrawal and dismissal documents (and any other necessary documents) described in paragraph 4(a) shall be delivered to Robert M. Johnson and filed with the appropriate agencies. 6. No Inconsistent Actions. The parties will take no action inconsistent with the purpose of this Agreement and in particular the provisions of paragraph 2; for purposes of clarity, no party will bring or assist in the bringing of claims or actions Settlement Agreement Page 2 5~ based on the facts underlying the matters set forth in paragraph 2. The provisions of this paragraph 6 do not apply to any action to enforce this Agreement. 7. Emolovment Status of Morris. Upon completion of the actions in paragraph 5, Morris shall be deemed to have resigned his employment with the City. Any requests to the City from potential employers of Morris shall be responded to solely with information as to the fact of his resignation and the dates of his employment as a joumeyman lineman. 8. Careful Review. The parties to this Agreement have been assisted by counsel and/or have been afforded the opportunity of seeking advice of counsel, and enter into this Agreement and agree to take the actions contemplated hereunder willingly, voluntarily and in good faith. 9. Execution and Aooroval. The parties to this Agreement execute this document directly and through counsel, subject to the approval requirements noted in paragraph 3 above, and acknowledge that arbitrator Robert W. Landau has also executed this document as a witness to the parties intentions to agree to it. DATED G -- If. (j 7 DATED C. ((. c --, WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING Attomeys for the City of Seward CITY OF SEWARD ~ '~&-- ROb~ Alaska Bar 10 No. 7410086 _.J..~ vL ~ By Its ffl<<-.+r.'c.- V/..; 1;1y tYlt:<"",'1~/ Settlement Agreement Page 3 S3 DATED hk ~-1 DATED~ -//-C? 7 Attorney for IBEW Local 1547 ~. Associate General Counsel Alaska Bar 10 No. 0505035 IBEW LOCAL 1547 ~r5~ BY. ~ e..A;' T5 tS is Y'h. c= Af'- Its T.ItAfft'eIY fiE'PRt5,f15/,-,r.&-7/V'G DATED ~ - {I ~ 0 7 ~~ BOYD MORRIS ARBITRATOR ~~ ROBERT W. LANDAU Dated hIll / D 1- Settlement Agreement Page 4 sL\ City of Seward, Alaska June II, 2007 City Council Minutes Volume 37, Page CALL TO ORDER The June 11,2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Lieutenant Louis Tiner led the pledge of allegiance to the flag. ROLL CALL There were preseht: Vanta Shafer presiding and Willard DUIlham Bob Valdatta Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT - None EXCEPT THOSE ITEMS SCHEDULED ....eas surrounding the city limits was a good idea and the State of Alaska to speak to the community about the th City of Seward was not sponsoring or involved. She s were advocating bringing more of Seward area under a so ther businesses out the road. Anderson thought annexation tion for the area and hoped all would come and listen to the talk. AND CONSENT AGENDA Motion (Thomas! Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The May 24, 2007 And June 5, 2007 Special City Council Meeting Minutes And The May 29, 2007 Regular City Council Meeting Minutes Were Approved. 55 City of Seward, Alaska June 11, 2007 City Council Minutes Volume 37, Page Resolution 2007-056. Authorizing The City Council To Donate Twenty Five Hundred Dollars (2,500.00) To The National Ocean Sciences Bowl. Resolution 2007-057. Authorizing The Discharge Of Fireworks JJY The Chamber Of Commerce During The 2007 Independence Day Celebration. Resolution 2007-058. Authorizing The City Manager To Enter Into A purchase Agreement For A 225 KV A Transformer, For A Total Amount Not- To-Exceed $11,761.20. Proclamations and Awards Resolution 2007-059. Authorizing Payment In The Computers For Utility Billing Software Contract. SPECIAL ORDERS, PRESENTATIONS AND REPORTS · A proclamation was read for Watch able ort. City Manager Phillip Oates stated the new website was up and e Liaison position had been filled. He notified council of the dates for the canopy appeal, that MT AB meeting would be participated by teleconference, and that A VTEC training facility lease was still pending state approval. Borough Assembly Report. Borough Assembly Assembly passed their budget with one minute left before the reduction of the mill rate but an increas I tax in an effort t burden that has not kept up with increas d ~T . Yo, fr~ to 3%, beginning January 1, 2008, ext tax year. The roag service area budget was these changes would offset increases in their d they h eived good assistap.ce from the State which . ~ the area cost differential for education. He hoped ng-term predictable fix for education~l funding. The Borough th Lowell Point and Bear Creek Fire Service area. g urged the public to continue contaqting their legislators in Cruise Ship Head Tax. The State of Alaska Dept. of Revenue h~d not completed the legal review of procedures. As soon as the letter was received it would be forwarded to the council. He informed that John Binkley, President of the Alaska Cruise Line Association, could corne to Seward and speak on the Alaska cruise ship line and future projects perspective. 5b City of Seward, Alaska June J J, 2007 City Council Minutes Volume 37, Page Long-Term Care Facility (LTCF). Oates would be updating the public on all circumstances surrounding the Long Term Care Facility at noon on Friday, June 22, 2007, and urged the public to attend. Electric CustoDier Service Charge. Oates notified this name would change to the Operations and Infrastructure Fee because this charge paid for the infrastructure that must be available. He stated there were reasons this fee could not be included in the kilowatt charge, with the most compelling argument being year round consumers would be subsidizing seasonal consumers. Oates felt after careful analysis of all circumstances, it was more appropriate ame the fee than to disperse it. Oates also reported that the Senior Center was operational, June 26, 2007 and the Library/Museum re-zone would be mov council agenda. Oates laid down a budget report with graphs xplain He thought the spent and encumbered column would uable e council and informed the enclosures would show the specific breakdowns. He plann ow graphical representation of the Enterprise' Funds in the future. In response to questions, Oates s the boat harbor to see if it met the city's of the traffic crosswalks in Other Reports, Announcements an The 2007 Sewar Steward, Cheresey C dents Erin Moore, Tyler Haddow, Dutch y seasonal businesses didn't return or get their mail in time for the city's seasonal deadline. . s change would assure seasonal business owners would have another month to prepare paperwork and past research showed no reason this could not be implemented. Oates felt the public goodwill more than outweighed the monetary value to the City for charging late fees in this circumstance. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. s'l City of Seward. Alaska June ll, 2007 City Council Minutes Volume 37, Page Motion (Dunbam/Bardarson) Enact Ordinance 2007-002 Motion Passed Unanimous Resolutions Requiring a Public Hearing. Resolution 2007-055. A Resolution Of Tbe City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter Into A Lease Agreement With Dale & Carol Lindsey To Lease 1706 Square Feet Of Office Space In Tbe Petro Plaza Buil or A Period Of Three Years Witb Two One-Year Options To Extend At A Rate Of /S . Oates informed that two responses were received and R $2.10 a square foot. He mentioned the City had leased space in have no additional costs associated with moving. He reco Notice of the public hearing being posted and published hearing was opened. No one appeared to address th y law was not d the public public hearing was closed. Motion (Dunham/Bardarson) Motion Passed Providence Seward Medical ed the police department for their response and the citizen who saw and reported the black s e coming from the Episcopal Church. He also commended the committee who picked the four exchange students who would be our student embassadors in Obihiro, Japan, because he thought they would represent the city well. Valdatta was dissatisfied with the delay in ordering transformers for the Breeze Inn expansIOn.. Dunbam also congratulated the students going to Obihiro Japan. He thanked the Administration for the harbor fix for boat owners. He found a machine for the state highway systems h:D City of Seward, Alaska June 11, 2007 City Council Minutes Volume 37, Page that took credit cards and wanted the Administration to look into this again. He congratulated Blazy Construction for doing such a good job on the A VTEC distant learning center, wanted Japanese Creek looked at because of water running straight for the road, wanted the city to invite the Forest Service to speak of planning projects that affected the Seward area, and wanted STIP to push forward their roadwork from Mile 20 through 36. Mayor Shafer was happy to see all the enthusiasm for the student exchange program this year. She suggested the city not payDNR the $3.50 a yard for material remov , and urged the city to help with installation of the Kawabe Park mural. Mayor Shafer was tool see the sunshine agalll. Lynn Ho Commission properly p. report CITIZENS' COMMENTS Carl Norman had come from a meeting at Bear opposition of "annexing into Seward." He stated this category for EMS, fire, police, etc., and did not think th how annexation was being imposed and stated it wo citizens outside city limits lived there for a reason, and expensive. He mentioned HB 133 which proposed annexatio would be one of fiscal responsibility instead of sucking in more annexation issue and wanted to voice his RATION RESPONSE TO CITIZENS' COMMENTS Mayor Sha citizens and not th ssed to the public that the annexation meeting was generated by private She thought a major issue for annexation would be flood control. Tbomas stated this issue was generated solely by public citizens and the council had no control over the public. He said he would not be in favor of even looking at the annexation issue until a group from outside the city wanted this to go forward. Dunham reiterated that annexation was not high on council's agenda. He urged the public to address their points and Concerns to the persons who generated the meeting, not the city council. Dunham was dissatisfied with the school system and losing all the people. 5~ City of Seward, Alaska June 11, 2007 City Council Minutes Volume 37, Page In response to questions from Dunham, Hohl stated enrollment was declining. Mayor Shafer thanked Hohl for all her years of service on the Seward Planning & Zoning Commission. EXECUTIVE SESSION Mayor Shafer stated the city council gave direction to the viable option for property that might e purchased to en Project. Motion (ThomaslBardarson) Motion Passed Went into executive session at 8:39 p.m. Came out of executive session at 9:45 p.m. ADJOURNMENT ~ Vanta Shafer Mayor (City 100 Sponsored by: Board CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2007-02 RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, PROVIDING A RECOMMENDATION TO COUNCIL FOR PURSUIT OF ANDY BAKER'S YOURCLEANENERGY LLC, LOWELL CREEK AND MARATHON CREEK IN-STREAM HYDROELECTRIC PROJECTS AS A SOURCE OF ALTERNATIVE ENERGY FOR THE SEWARD UTILITY DISTRICT WHEREAS, the Seward City Council has tasked the Port and Commerce Advisory Board to research possible sources of alternative energy for the community; and WHEREAS, future costs of fuel-based electricity are uncertain and this project offers a potential to sell fixed-cost hydroelectric power profitably over time; and WHEREAS, a diverse, stable, fixed-price energy supply is becoming a vital component of economic health and independence; and WHEREAS, hydroelectric power generated from Lowell Creek may be feasible as affordable, reliable and safe energy for Seward; and WHEREAS, Andy Baker, P.E., d/b/a, YourCleanEnergy, LLC. has submitted a proposal dated March 6, 2007 to perform a pre-design study of Lowell Creek to determine its feasibility to support a hydroelectric generation facility; and WHEREAS, the Port and Commerce Advisory Board finds sufficient merit in the proposal to recommend it to the City Council for consideration and funding; and WHEREAS, the Board acknowledges that the construction and maintenance portions oftrus proposal may be underestimated; and WHEREAS, the proposed project has the potential to be NOT feasible at all, it also has the potential to be VERY beneficial to this community; and WHEREAS, the engineering costs proposed are quite reasonable; and WHEREAS, this project's feasibility hinges on the flow-analysis of the creeks and other key factors; and co\ Port and Commerce Advisory Board Resolution 2007-02 Page 2 of2 WHEREAS, the City may be able to reduce the amount of money at stake by minimizing or alternately re-structuring the proposed contract; and NOW, THEREFORE, BE IT RESOLVED by the Seward Port and Commerce Advisory Board that: Section 1. The Board recommends the Seward City Council undertake the necessary steps to make Seward's electrical future safe, secure, reliable and stable in cost. Section 2. The Board Recommends that the Seward City Council authorize the Administration to enter into fixed price contract negotiations with Y ourCleanEnergy LLC for engineering services outlined in the proposal. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board this 6th day of June 2007. THE CITY OF SEWARD, ALASKA d~~~ AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk (City Seal) b~ MEMORANDUM Date: June 18, 2007 To: Phillip Oates, City Manager Tim Barnum, Electric Utility Manager j8 Lowell Creek Hydro: Proposal by Andy Baker, Your Clean Energy LLC. From: Subject: Statement of Facts: >- Construction and maintenance portions of this proposal may be underestimated. >- Project feasibility hinges on flow analyses of creeks and other unknown factors. >- PACAB recommends "sole sourcing" the entire project to Your Clean Energy LLC. >- Proposal assumes total Capital Cost, of construction, will be funded by grants totaling $6,000,000.00. >- Flow analysis was conducted by CH2M Hill and concluded insufficient flow from Lowell Creek to sustain a hydro project. >- Sighting new facility in campground area will introduce high noise levels into the camping area and places the generation infrastructure in a Tsunami zone, built on property that is unstable. >- Current energy cost is $0.0401 per KWH. >- Projected energy cost from.hydro is $0.097 per KWH. >- Total project cost is estimated at $10,277,600.00. ~ Total projected production of project is 6,273,300 KWH per year. >- Current average monthly usage is 5,320,869 KWH. Opinion: >- Lowell Creek has insufficient flow to sustain an affordable hydro project. >- A $10,000,000.00 hydro project with a projected $0.097 KWH cost is not a viable candidate to reoeive grant funding, to be a viable project the KWH cost needs to be in the $0.04-0.05 range and offset existing generation. >- Lowell Creek hydro would not offset any of the generation used to supply power to Seward. In fact. it could reduce the efficiency of CEA generation, causing our rates to increase. .. >- Our cost of the power generated by Lowell Creek hydro would be at least $105,000.00 per year more than what we currently pay (including fuel surcharge) for the same amount of power. >- Your Clean Energy LLC. Has no experience developing a hydro project. >- If the goal is to have more "renewable energy" for our customers, the City can enter into negotiations with another buyer of the power produced by the Bradley Lake hydro project and purchase more of the output. >- It is my recommendation that the City Of Seward NOT continue with this proposal, at this time. ~0 . 1ZI III Celebrate The Power Of Nature TM with... YourCleanEnergy LLC Port And Commerce Advisory Board City Of Seward, Alaska PO Box 167 Seward AK 99664 April 4, 2007 RE: Comments on Draft Resolution - Lowell Creek Hydro Project Dear PACAB Members, In review of the draft resolution forwarded to me by Christy Terry on March 30, 2007, I respectfully respond to the following items: PACAB - "the Board recommends the Seward City Council examine closely if the proposal might be minimized into basic steps to verify feasibility" - I understand this to mean "let's see how much flow we measure before we spend money on other aspects of the pre-design study' - perhaps a lesson learned from the 1997 study. It is true that this project is mostly about getting as much flow into the screen intake at high elevation - this is where the power will come from that will make the project economically feasible. Including the Marathon creek flow in the study is important because this flow may supplement Lowell Creek flow year round and increase feasibility. I do not think there is much question that there is enough flow to have a hydroelectric facility, it's more a question of what the fixed cost of power will be onCe the project is completed, given the flow characteristics. Aside from the flow characteristics, there are other preliminary challenges that must be addressed, specifically: Securing a preliminary FERC permit. Securing cooperation and acceptance from other agencies, 8l)pecially Army Corps of Engineers. Establishing base topo and geologic mapping of stream channel in area of proposed intake - the flow monitoring points will have to be located strategically. There is efficiency in addressing secondary considerations in the study scope parallel with the flow monitoring exercise. This is because many of these t~sks can be addressed during the same site visits and these tasks may also have significant impacts on construction costs. Further, completion of the pre-design stUdy can be expedited as soon as the one-year flow study matures. The sooner you complete the entire study, the sooner you may apply for grant funding, moving ahead will give you some priority and momentum that will work in favor of getting in line for revolving funds ,:md appropriations. PACAB - YourCleanEnergy LLC would supply all services including subcontractors, and would provide a final product to include cqmplete engineering studies and permitting - this is a good klea, it will be most efficient to get it all done in one year as the subcontractors can be coordinated more effectively. In summary, I ask you to consider the above and I will be available for a conference call during the meeting today if you would like to this discuss more. Sincerely, Andy Baker, PE YourCleanEnergy LLC 308G Street #212, Anchorage, Alaska 99501 907-274-2007 ~L\. liim [J. mi r'~' 't -' p ('," 1\1 t D' !!!iJ l.t;;ieOra e I ne ower 'JY ,Q ure '"" \rvitrJ,.. \{ourC~eanEl.ll~:::rgy L':.: March 6, 2007 Port And Commerce Advisory Board City Of Seward, Alaska PO Box 167 Seward AK 99664 RE: Estimation Of Benefits And Financial Analysis - Lowell Creek Hydro Project Dear PACAB Members, As presented to you at your February 21, 2007 workshop,'the attached handout outlines benefits to the City for a hydro project on Lowell Creek; an estimation of probable design and construction costs; and a preliminary evaluation of financial analysis for the same. The evaluation indicates that it may be possible to fix hydroelectric po\l\ier generated from Lowell Creek under $0.1 O/kwh for 40 years. This evaluation is based on components that have been estimated with the best information available to me at this time. Cost component assumptions presented here in which I bring to your attention at this time are as follows: Federal and state grants secured prior to final design for $6,000,000 Base construction cost of $6,000,000 Municipal Bond issued @4% interest for 40 year term Annual O&M costs of $180,000 (two full time hydro operators) Annual administration cost of $90,000 (one full time project administrator) Annual Energy Cost = $0,097 per KWH produced from Lowell Creek In view of rising electric grid costs, rising diesel fuel costs and the increasing potential to sell fixed cost hydroelectric power profitably over time, the Lowell Creek Hydro and Marathon Creek Hydro projects are worthy of consideration. If you have any questions regarding the attached, please feel free to contact me. Again I am willing to make one final summary presentation of this project information to City Council, the City Manager and the Mayor if requested. Sincerely, Andy Baker, PE andybaker@yourcleanenergy.us YourCjeanEnE=.:f"9'i;' IJ..: 308 G Street #212, Anch,;rage: Alaska 99S01 907-274--2007 105 03/01/2007 22:58 FAX 8073448770 FEDEX KINKOS @"002l008 . 11. Celebrate The power Of Nature TM with... YourCleanEnergy LLC March 1, 2007 Port And Commerce Advisory Board City Of Sew_ard, Alaska PO Box 167 Seward AK 99664 RE: Scope, Schedule & Budget Proposal - Pre-Design Study · Lowell Creek Hydro Project ,;'J.,..... Dear PACAB Members, I have enjoyed the two presentations that we have had together discussl~g the potential of Lowell Creek as an affordable, reliable and safe source of clean elElclrlCa1 energy for the City of Seward. As I have disclosed in the presentations, the viai;lility of developing this independent and fixed cost energy supply in Seward is worthy of your consideration. With more rising grid electricity and diesel1uel costs inevitable in the near future, this project will enable the City to apply for various grants and loans to significantly lower the initial capital costs of final design and construction. This will in tum ,lower the fixed unit cost of power generated over the 40 year design life of the hydro proj~ct In order to secure permits and funding far this project, it will be ne~~ry to conduct stream flow monitoring for at least one year, and re-evaluate the design aspects covered by previous studies as well as the new concepts presented. The int~nt of this proposal is to provide the City with the hard data and analysis required to undElrtake such a project reS'ponsibly and profitably. -Further, the completed Pre-Design"Study will place the City in a favorable position to secure funding to advance the hyqfo project to final design and construction. I have included the option of a Aehabilitlon Study of the existing Marathon Creek Hydro Project which can be done cost effectjvely in parallel with the Lowell Creek Hydro Project Pre-Design Study as they are in the same project area. I am pleased to submit the following items for your review and consiqeration for the Lowell Creek Hydro Project Pre-Design Study: . Exhibit C: Scope of Content of Pre-Design Study (2 pages) Schedule To Complete Flow Monitoring & Study (1 Page) Budget Estimate To Complete Pre-Design st!Jdy (3 pages) Exhibit A: Exhibit 8: I trust that you will find the scope, budget and schedule reasonable and that you will consider recommending them to City Council. If you have any questions regarding these items, please feel free to contact me. I am willing to make one final summary presentation of this proposal to City Council, City Manager and the Mayor. if requested. Sincerely, n J ttr.:Ir ~ Andy Baker, PE andybaker@yourcleanenergy.us ...1:..-- YourCieanEnergy LlC 308G Street #212, Anchorage, Alaslca 99501 907-274-2007 0-10. 03/01/2007 22:58 FAX 8073448770 FEDEX KINKOS III 003/008 . II. Celebrate The Power Of Nature TM with... YourCleanEnergy ILC LOWELL CREEK HYDRO PROJECT - PROJECT SCOPE - PAGE 1 OF 2 03101107 EXHIBIT A. SCOPE OF CONTENT FOR PRE-DESIGN STUDY REPORT STUDY SCOPE: 1. INTRO A.. B. C. D. PROJECT HISTORY EXISTING GENERATION FACILITIES CURRENT PPA WITH CHUGACH BASE MAPPING ~.!;:...l 2. POTENTIAL HYDRO.ELECTRIC FACILITIES & POWER A. PROJECT AREA GEOLOGY & SNOW FIELDS B. SURFACE HYDROLOGY C. SUB.SURFACE HYDROLOGY D. ESTIMATE OF AVAILABLE HYDRO ENERGY E. OPERATIONS 1. INTAKE SCREENING OPTIONS 2. INFILTRATION GALLERY OPTIONS 3. PENSTOCK DESIGN OPTIONS A. PIPE MATERIAL SELECTION B. CORROSION CONTROL C. THRUST RESTRAINT I SEISMIC DESIGN D. FREEZE PROTECTION I INSULATION E. POTENTIAL UTILITY CONFLICTS F. ANCHORING! FLOOD EROSION I FLOATING G. ACCESS FOR INSPECTION I MAINTENANCE 4. SEASONAL FLOW TURBINE OPERATIONS 5. TURBINE WHEEL MA/NTENANCE/REPAIR OPTIONS 6. NOISE MITIGATION ". 7. DOWNSTREAM GRAVEL DEPOSITION/REMOVAL F. WATER RIGHTS 3. DESIGN ALTERNATIVES - INT AKE LOCATIONS & HYDRO-PLANT SITES 'or , A. ALTERNATIVE LAYOUTS 1. UPPER INTAKE + CAMPGRo.UND HYDRO PLANT sITe 2. UPPER INTAKE + AlTERNATE HYDRO PLANT SITE 3. LOWER INTAKE + CAMPGROUND HYDRO PLANT 4. LOWER INTAKE 0/- ALTERNATE HYDRO PLANT SITE YourCleanEnergy u.c 308 G Street #212, Anchorage, Alaska 99501 907-274-2007 b' 03/01/2007 22:58 FAX g~73448770 FEDEX KINKOS 1ll 004/008 . Q. Celebrate The Power Of Nature TM with... YourCleanEnergy LLC LOWELL CREEK HYDRO PROJECT ~ PROJECT SCOPE - pAGE:! OF 2 03/01/07 EXHIBIT A. SCOPE OF CONTENT FOR PRE-DESIGN STUDY REPORT (CONT'D} rt:.....~ . i B. EQUIPMENT & FACILITY OPTIONS 1. IMPULSE TURBINE SELECTION 2. ELECTRICAL EQUIPMENT & CONTROLS 3. CONNECTION TO CITY uTILITY GRID 4. HYDRO BLDG DESIGN CONSIDERATIONS A. EQUIPMENT FOOTPRINT B. OVERHEAD TRAVELING CRANE I LOll<OING BA V C. NOISE & VIBRATION MITIGATION D. fLOOD & TSUNAMI PROTECTION E. SEISMIC DESIGN F. OPERATION & MAINTENANCE REQ'TS G. VISITOR ACCESS OPTIONS H. TAILRACE TO RESURECTION BA V I. SALMON RELEASE I RECREA.TIONAL qe.TIONS 4. PROBABLE PROJECT IMPLEMENTATION SCHEDULE 5. DAM SAFETY. ENVIRONMENTAL IMPACTS, REQUIRED PERMITS A. DAM SAFETY 8. ENVIRONMENTAL IMPACTS C. SEISMICITY D. FISH & WILDLIFE E. FORESTRY & MINING F. RECREATION G. PERMITS 6. POWER MARKET ANAL VSIS 7. COST AND BENefiT ANALYSIS 8. RECOMMENDED ALTERNATIVE 9. STRATEGIES FOR PROJECT FINAL DESIGN & CONSTRUCTION FUNDING A. FEDERAL CLEAN ENERGY GRANTS (DOE. USDA) .. B. FEDERAL CONGRESSIONAL APPROPRIATION c. STATE OF ALASKA - RENEWABLE ENERGY-GAAN'/FUNDS D. 5T ATE OF ALASKA - ALASKA ENERGY AUTHORITY GRANT E. DENALI COMMISSION GRANTS & LOANS F. LOW IMPACT HYDRO DESIGNATION G. MUNICIPAL BONDS H. GREEN TAGS L CRUISE SHIP POWER PURCHASE AGREEMENT YourCleanEnel'9Y LLC 308 G Street #212, ,AnChorage. A~ska 99501 907-274-2.007 ~s 03/01/20G7 22:58 FAX 8073448170 FEOEX KINKOS l4I 0013/008 . Ii!i. Celebrate The power Of Nature TM with... YourCleanEnergy u.c EXHIBIT C: PROPOSED BUDGET OF PRE-DESIGN STUD\' Lowell Creek Hydro Project Page 1 of 3 03/01/07 The following is a summary of budget estimates to complete a Pre-Design Study that will enable the City to seek grant funding for final design and construction of this project. It will be economically effICient and recommended to include the . Marathon Creek Hydro Project in this process as many tasks can be done dunng site visits for the Lowell Creek Project. A summary of the budget is as follows: 1. LOWELL CREEK HYDRO PRE-DESIGN STUDY: A.. CONTRACT WITH YourCleanEnergy LLC PRE-DESIGN STUDY LABOR COSTS DIRECTCOSTS . TRAVEL EXPENSES DIRECT COSTS - OFFICE EXPENSES $29,800 $3,510 $1,040 ---- TOTAL BASE CONTRACT - YourCleanEnergy LLC $34,350 B. MINOR GOODS & SERVICES PURCHASED DIRECTLY BY THE CITY STREAM FLOW DATA COLLECTION SUB-SURFACE TEST BORING AND MONITORING WELLS BASE MAPPING TOPO SURVEY (RECOMMENDED) TOTAL MINOR PURCHASE CONTRACTS $9,500 $9,600 $9,800 $28,900 C. TOTAL TO COMPLE1'E PRE-DESIGN STUDY (A +B) $63,250 ';,,:-- 2. MARATHON CREEK HYDRO PROJECT REHAB STUDY: PREPARE PRE-DESIGN STUDY - YourCleanEnergy LlC STREAM FLOW DATA COllECTION -Minor Purchase TOTAL TO COMPLETE MARATHON CREEK HYDRO STUDY $9,600 $ 6,000 --.... $15,600 Y~urCleanEnergy ~~c 308 G street #212, Anchorage, Alaska 99501 907-274-2007 ,e-- 03/01/2007 22:59 FAX 9073449770 FEDEX KINKDS Lowell Creek Hydro Project Celebrate the power of nature TIJ EXHIBIT C: PROPOSED BUDGET - ITEMIZED. PRE-DESIGN STUDY III 007/006 Wil!1... YourCleanEnergy u.c 03/01/07 Paqe 2 of 3 TASK PERFORMED BY YourCleanEnerav Ll.C HOURS RATe COST PREPARE & SUBMIT FERC PRELIMINARY APPLICATION 8 $100 $800 ",. ..::,...,.... NOTIFY & COORDINATE WITH FEDERAL & STATE AGENCIES PREPARE LETTERS OF INTENT TO AGENCIES a $iOO $800 CONDUCT SCOPING MEETINGS 20 $100 $2,000 BEGIN STREAM MONITOitlNG PROGAM SECURE STREAM MONITORING PERMIT 8 $100 $800 SECURE EQUIPMENT AND SUPPUES 8 $100 5800 SUPERVISE INSTALLATION OF DATA MONITORS 8 $100 $600 SUPERVISE DATA COLLECTION FOR FIRST SIX MONTHS 8 $100 $800 BEGIN SUBSURFACE FLOW MONITORING PROGRAM seCURE SUB-SURFACE FLOW MONITORING PERMIT 8 $100 $800 SECURe GEO-TECH CONTRACTOR AND SUPPLIES 6 $100 $800 SUPERVISE FJELD WORK OF GEO-TECH CONTRACTOR B $100 $800 SUPERVISE OAT A COLLECTION FOR F'IRST SIX MONTHS 8 $100 $800 BEGIN BASE MAPPING SURVEY SECURE PERMISSION FROM DNR, COE 8 $100 $BOD SECURE SERVICES OF LAND SURVEYOR 8 $100 $800 SUPERVise SURVEYiNG ACTIVITIES B $100 $800 PREPARE PRE-DeSIGN STUDY - LOWELL CREEK HYDRO PROJECT '0:,' PROJECT HISTORY 6 $100 $600 EXISTING GENERATION FAclUTIES 6 $100 $600 CURRENT F>OWER AGREEMENT WITH CHUGACH ELECTRIC 6 $100 lSooO BASE MAPPING 6 S100 $800 PROJECT AREA GEOLOGY & SNOW AELDS 8 $100 $800 SURFACE HYDROLOGY 8 $100 $800 SUB-SURFACE HYDROLOGY 8 $100 $800 ESTIMATE OF AVAILABLE HYORO ENERGY 8 $100 $BOO OPERATIONS 16 $100 $1,600 WATER RIGHTS 2 $100 $200 ALTERNATIVE LAYOUTS 8 $100 $800 EQUIPMENT & FACIUTY OPTIONS 20 $100 $2,000 PROBABLE PROJECT IMPLEMENTATION SCHEDUL.E 6 $100 $600 DAM SAFETY, ENVIRONMENTAl IMPACTS. REQUIRED PERMITS 16 $100 $1,600 POWER MARKET ANAL YBIS 16 $100 $1,600 COSTS AND B!;NEFITS 16 $100 $1,600 RECOMMENDED ALTERNATIVE 8 $100 $800 STRATEGIES FOR PROJECT DESIGN/CONSTRUCTION FUNDING 6 $100 $800 TOTAL TIME EFFORT 298 $100 $29,800 . ill,.', YourCleanEnergy u.c 308 G street 1f212. Anchorage, AK 99501 '1\ 907-274-2007 03/01/2007 22:59 FAX 9073448770 FEOEX KINKOS IliOO8/008 Lowell Creek Hydro Project Celebrate the power of nature Tto\ wil.h... YourCleanE.nergy LLC EXH 8lT c: PROPOSED BUDGET - ITEMIZED - PRE- ESIGN STUDY 03I01f07 Pa 30f3 DIRECT EXPENSISS - VourClcanEnergy I.L.C UNIT QUANT UNITS COST TOTAL TRAVEL EXPENSES (RECEIPTS REQUIRED) $910 TRAVEl. _ AUTO MILES - ANCHORAGE-SEW ARD - 10 ROUND TRIPS 2600 MILES $0 TRAVEL- LODGING IN SEWARD 20 NIGHTS $100 $2,000 TRAVEL - MEALS IN SEWARD 40 MEALS $15 $600 SUB-TOTAL $3,510 OfFICE EXPENSES (REceiPTS REQUIRED) $2 $240 OFFICE exPENSE. MAILING 120 ITEMS OfFICE EXPENSE - COMPUTER TECH SUPPORT 4 HRS $50 $200 OFFICE EXPENSE - PHOTOCOPYING & PAINTING REPORTS 1200 PAGES $1 $600 SUB-TOTAL 51,040 I..ABOR (pags 1) + DIRECT EXPENSES - YourCleanEnergy LLC $34,350 ~~.- MINOR SERVICES TO BE PURCHASED DIRECTLY BY THE CITY S1'REAM FLOW DATA COLLECTION STREAM MONITORING -INSTALL DATA LOGGERS LS $3,500 $3,500 STREAM MONITORING. 12 MONTH DATA LOGGING 12 MO $500 $6,000 SUB-TOTAL $9,500 SUB-SURFACE TEST BORING AND MONITORING WELLS GEe-TECH CONTRACTOR SERVICE 4 WELLS $900 $3,600 GROUNDWATER TEST WELL - 12 MONTH DATA LOGGING 12 MO $500 56.000 SUB-TOTAL $9,600 BASE MAPPING TOPO SURVEY (OPTIONAL BUT RECOMMENDED) LAND SURVEYING CREW CONTRACT LS $8,000 $8,000 CAD TECH SERVice TO ASSEMBLE BASE MAPPING PLOTS 24 HOURS $75 $1,800 SUB-TOTAL $9,800 TOTAl MINOR GOODS & SERVICES COSTS $28,900 (ITEMS BELOW ARE FOR MARATHON CREEK HYDRO PLANT REHAB STUDY OPTION) PREPARE PRE-DESIGN STUDY. MARATHON HYDRO REHA13 HOURS RATE COST . HISTORY, HYDROLOGY, ENERGY ESTIMATES 24 $100 $2.400 OPERATIONS, WATER RIGHTS, REHAB ALTERNATIVES 24 $100 $2,400 PERMITS, SCHEDULE, POWER MARKET ANALYSIS 24 $100 $2.400 COSTIBENEFITS, RECOMMENDATIONS. FUNDING STRATEGIES 24 $100 $2.400 TOTAL TIME EFFORT - YourCleanEnergy LLC 96 $100 $9,600 UNIT MARATHON CREEK STREAM FLOW DATA COLl.EC110N QUANT U....ITS COST TOTAL STREAM MONITORING - 12 MONTH DATA lOGGING 12 MO $500 $6,000 YourCleanEnergy ltC 308G Street #212, AnehOf'age, AI< 99501 907-274-2007 '\~ ESTIMATION OF BENEFITS AND FINANCIAL ANALYSIS AS PRESENTED TO PACAB FEBRUARY 21, 2007 Lowell Creek Hydro Project Affordable, Reliable, & Safe Energy for Seward Warmer temperatures and heavy rains will increase flood melt from the snow fields - a 2nd conduit Is needed to supplement capacity of existing tunnel Project concept that allows maximum hydro power to be harnessed \)'3 BENEFITS TO CITY FROM LOWELL CREEK HYDRO PROJECT _ Additional flood capacity of 100 cfs is made available in 48 inch penstock _ Maintenance costs from tunnel damage, dredging, flooding are reduced _ Public safety is increased in uncertain future of climate change and floods _ Seward develops Its own source of affordable, reliable and ~afe electrical power to hedge off increasing cost of grid power from fossil fliel sources _ Marathon Creek Hydro Project can be rehabilitated when Lowell Creek project is constructed to reduce costs of study, permits, & flow monitoring _ Electrical costs in Seward will be reduced and stabilized OVer the 40 year project life with local hydro power, especially if capital costs fllnded by grants _ Reduced cost in emergency power generation when hydro is available, every unit of hydro power produced from Lowell Creek will offset expensive fuel consumption by City's back up diesel generators _ Hydro project will create several new permanent year round jobs in Seward, and seasonal work to perform routine maintenance BENEFITS TO CITY FROM LOWELL CREEK HYDRO PROJECT - Hydro power does not have the liabilities of pollution, and low impact hydro projects like Lowell Creek are favorable to the publiC & agencies - City may be eligible for congressional appropriations/grants for clean energy - State of Alaska will soon establish a Renewable Energy Fund to be administired by the Alaska Energy Authority, fund will start with $10 million - City will generate the most power when population is highest in summer months and cruise ships are in Seward harbor - City can negotiate agreements with cruise ship companies tp supply clean power for retail rates while ships are in port, as done successflilly in Juneau - Lowell Creek Waterfall can retain minimum flow even when hydro is operating, this will keep its historic and scenic character preserved - Hydro plant tail race outfall can create a new salmon release area and increase recreation value of waterfront - Hydro turbine building could create additional revenue as a visitors center by presenting clean energy science and technology displays, gift shop, etc. 'lL\ PROJECTED FLOWS BASED ON EXISTING DATA Duration CUNe of 1979 study was based on flow measured at tunnel entrance, not at higher elevations (guaging of stream flows was not done at upper intake locations proposed in the study) 1979 Study obseNed that 60% of flow is lost to underground gravel aquifer before it ever reaches the tunnel entrance, some of this underground flow can be intercepted year round with an infiltration gallery It appears possible to collect @50 cfs at least half the year (6 months), with normal rainfall and snow melt flows allowing @75 cfs for up to 2 months in summer PROJECTED FLOWS BASED ON EXISTING DATA Initial turbine sizing would be two pelton wheels, each rated for 50 cfs flow (1.2 MW capacity each turbine) During low flow periods in winter, a single turbine can be run as low as 20% capacity and still produce efficient power (10 tfs == 0.24 MW = 240 KW) Groundwater infiltration gallery at stream intake may allow continuous minimum winter flows of 10 cfs, enough to keep one turbine running from December through March and keep intake and penstock from freezing ~g Hvdro Power = Elevation Drop x Flow Thru Turbine specifically: Theoretical Power (kW) = HEAD (feet) x FLOW (cfs) 11.81 Actual power must account for: Energy losses thru screen intake & collection channel Energy losses thru penstock, bends, valves, nozzles Energy losses in turbine, shaft, drives, generator, wiring ESTIMATED POWER BASED ON PROJECTED FLOWS Net head available at turbine = 360 ft elevation minus screen intake loss (5 ft), minus pipe friction (35ft). minus tailrace drop to MSL (20ft) ::: @300ft net h!!ad Hydro mechanical/electrical system efficiency (turbine to grid) ::: 85% (turbine) x 90% (alternator) x 90% (grid tie) = @70% For 6 months avg flow @ 50cts For 4 winter months. avg flow @1Ocfs For remaining two months, avg f1ow@75cfs = 3,840,800kwh ::: 512,100kwh ::: 1,920,400kwh TOTAL ANNUAL HYDRO POWER ::: 6,273,;300kwh Market value of this power @ $0. 12/kwh ::: $752,800/year 'llo EVALUATING HYDRO PROJECT COSTS vs BENEFITS Hydroelectric projects can be evaluated two ways: A. Life cycle cost (how many years to fully pay back initial capital investment?) B. Annual energy costs ($ per kwh over project life) Typically, once a hydro power resource is developed, they are run as long as the community can maintain them! What is most important is keeping the annual enerQV costs as low as possible to stabilize overall grid power costs. Use 40 year project life to evaluate annual energy costs ESTIMATE PROBABLE CAPITAL COSTS Land and land rights $0 Access road to new intake site $100,000 Intake screens and collection channel $350,000 Groundwater Infiltration gallery piping and collection $200,000 Penstock (6,400fl x 48 inch diameter}, inc utility relocation and road resurfacing $2,560,000 Power plant building $1,500,000 Turbine and generator equipment $600,000 Electrical control equipment $400,000 Misc power plant equipment $100,000 Substation equipment $60,000 Poles and fixtures $20,000 Overhead conductors and devices $30,000 Communications equipment $20,000 Tailrace and jetty structure $50,000 CONSTRUCTION SUB TOTAL @ $6,000,000 '1'1 ESTIMATION OF PROBABLE CAPITAL COSTS (cont.} CONSTRUCTION COST SUB.TOTAL $6,000,000 CONTINGENCY AND UNLISTED ITEMS (2{)%} $1,200,000 TOTAL DIRECT COST $7,200,000 INDIRECT COSTS: TEMP FACiliTIES, BOND, INSURANCE, OHEAD (17%) $1,224,000 TOTAL CONSTRUCTION COSTS $8,424,000 ENGINEERING,lEGAL, ADMINISTRATION (15%) NET INTEREST DURING CONSTRUCTION (7%) lESS STATE (@$2 MilLION) AND FEDERAL (@$4MllLlON) GRANT FUNDS $1,263,600 $590,000 ($6,000,000) TOTAL INVESTMENT $4,277,600 BOND ISSUE (110% OF TOTAL INVESTMENT) $4,705,360 ESTIMATION OF PROBABLE ANNUAL COSTS BOND ISSUE (110% OF TOTAL INVESTMENT) $4,705,360 INTEREST & AMORTIZATION (40 YEARS @4% INTEREST RATE) INTERIM REPLACEMENTS (1.0% OF TOTAL CONSTRUCTION COSTS) INSURANCE (0.4% OF TOTAL CONSTRUCTION COSTS) OPERATION AND MAINTENANCE ADMINISTRATIVE AND GENERAL (50% OF O&M COSTS) lESS INTEREST EARNED ON RESERVE FUNDS (@ 6%) $237,600 $84,000 $34,000 $180,000 $90,000 ($14,200) TOTAL ANNUAL COSTS $611,400 TOTAL KWH PRODUCED PER YEAR (FROM PREVIOUS SLIDE) 6,273,300 KWH ANNUAL ENERGY COSTS = TOTAL ANNUAL COSTS / KWH PER YEAR $0.097 per KWH lZ HOW TO GET YOUR HYDRO PROJECT MOVING AHEAD SUGGESTED PLAN OF ACTION FOR HYDRO PROJECT Secure services of professional energy consultant to prepare permit applications, coordinate with agencies, supervise flow data collection and prepare pre~design report. Include rehabilitation of the City's existing 200kw Marathon Creek Hydro system in this scope to increase efficiency of permitting & flow monitoring and eligibility for small hydro grant funds. Prepare and submit Preliminary Applications with Federal Energy Regulatory Commission Schedule scoping and coordination meeting(s) with state and federal agencies that may be involved in the hydro permitting process Once Preliminary FERC permit is issued, begin stream flow and underground flow monitoring program to collect data 1~ COORDINATION WITH AGENCIES IS CRITICAL Federal Aaencies: Federal Energy Regulatory Commission (FERC) U.S. Fish & Wildlife Service Environmental Protection Agency Army Corps Of Engineers National Marine Fisheries Service Interior Department Environmental Divi$ion National Park Service COORDINATION WITH AGENCIES IS CRITICAL State Of Alaska: Department Of Environmental Conservation (DEC) - master permit application/stream discharge Department Of Natural Resources (DNR)- water rights & dam protection Department Of Fish & Game - habitat protection Office Of Management & Budget - coastal management Alaska Public Utilities Commission - utility interconnection Regulatory Commission of Alaska (RCA) -,. power purchase agreement with Chugach Electric Associlition ~o Proposal For Professional Engineering Services from YourCleanEnergy"c . Oil! .O~ Andy Baker, PE - Independent Clean Energy Consultant Committed and motivated to achieve a successful project for the City Extensive experience in municipal projects and project management Organizing and communicating with agencies, other disciplines Independent, creative and efficient approach to work Office based in downtown Anchorage, easy travel to Seward Close to most federal and state agency offices Cost advantage over medium and large size consulting firms - lower management costs and overhead - Base rate of $100/hour + expenses Proposal For Professional Engineering Services from YourCleanEnergy LLC .OB .Oil Andy Baker, PE - Independent Clean Energy Consultant Scope, Schedule & BudQet . submitted to City on March 1, 2007 Scope of engineering services to the City will begin from present point and continue through completion of a pre-design report The intent is to provide documentation and planning so that grant and/or Joan funds for final deSign & construction can be secured by the City Coordination with other specialty consultants and City departments Coordination with local, state and federal agencies on behalf of the City Consulting services could begin in April so that FERC Preliminary Permit and flow monitoring can be started this summer Flow monitoring will require one year so that flow data can be fully utilized ~\ I.; Reconnaissance Feasibility Study HYDROELECTRIC. POTENTIAL ON LOWELL CREEK . Prepared for City Of Seward, Alaska CH2MIIHILL March 1979 ~~ , ~ K12181.AO 13 February 1979 Mr. C. E. JOhnSOll, City Manager City of Seward Box 337 Seward, Alaska 99664 Dear Mr. Johnson: CH2M HILL is pleased to submit this report on our Reconnaissance Feasi- bility Study of Hydroelectric Potential on Lowell Creek. Eight copies plus the camera-ready masters should be forwarded to the Idaho Operations Office of the Department of Energy. We recommend that further action on Lowell Creek be held in abeyance pend- ing alternative source studies such as at Grant Lake. We believe that development of Lowell Creek is not in the city's best interest at this time. The apparent nOllfeasibility of a Lowell Creek project was recognized at the midpoint of the study and discussed with the city and the representative of the Department of Energy. The recommendation was made, and all agreed, to shorten the study, thereby avoiding further expenditure of the grant monies supporting this study. The study was then brought to a conclusion with the preparation of this report. This report documents streamflow, energy potential, and other data that might be useful to the city if Lowell Creek is reconsidered for power or other uses at some future date. If you have any questions, we will be pleased to meet for further dis- cussion. It has been a pleasure serving the ci ty on this assignment. We regret that the project did not prove feasible. Yours truly, Thomas S. Small Project Administrator gh ~3 1111 .. PREFACE This report on a study of reconnaissance feasibility of a low-head hydro- electric project on Lowell Creek has been.prepared by CH2M HILL for the city of Seward under an agreement dated 12 September 1978. The study was conducted under and in accordance with cooperative Agreement No. EW-78-F-07-l768 between the U.S. Department of Energy and the City of Seward. '8l:\ - iii .. .. SUMMARY AND CONCLUSIONS The feasibility of hydroelectric power development on Lowell Creek near Seward has been investigated at a reconnaissance level. The study was conducted because the physical characteristics of the creek and surround- .ing terrain initially appeared suitable for hydroelectric power. The creek has a steep gradient (about 400 feet per mile), is fed from a large snowfield, and has two significant drops. One drop is formed by the presence of a dam that was constructed to divert the creek through a mountain and around the town. The second drop of about 65 feet is at the termination of the diversion tunnel. Three alternative sites for hydroelectric plants were considered, one each at the two drops and one farther upstream at the site of an old abandoned intake and valve house. Two of the sites were considered for 250-kw plants and one for a lOO-kW plant. All were limited to a low head, less than 66 feet. Use of an existing dam and tunneL-and an abandoned diver- sion dam and valve house was considered as part of the project alterna- tives. None of the three alternatives approaches feasibility at this time. Major influencing factors are the .high cost of energy at over 13 cents per kWh, the winter freezeup resulting in plant shutdown from November to April, and a large amount of rock sediment carried by the stream. and requiring expensive intake structures to skim off the rocks. The most promising alternative (alternative el, which would have a capac- ity of 250 kW and would produce about 800,000 kWh per year, would fill less than 5 percent of the. city's present energy needs. The plant would cost nearly $1 million and produce energy at about 137 mills per kWh. This alternative is the best of the three from the standpoint of its lower cost, best access via existing all-weather road, least exposure to ava- lanche and rockslides, and proximity to existing powerlines. . 85 v CONTENTS Page Hi Preface summary and Conclusions v 1 Introduction History of Seward Power. Existing Facilities 1-1 1-1 1-2 2 potential Facility operation and Power Production Hydrelogy Energy operations Water Rights 2-1 2-1 2-1 2-2 2-2 3 Alternative Plant Sites and Designs Alternative Layouts Equipment:selection Construction Schedule Summary 3-1 3-1 3-4 3-5 3-5 4 Dam Safety, Enviromnental Impacts, and Required Permits Dam Safety Environmental Impacts Permits 4-1 4-1 4-1 4-2 5 power Market 5-1 6 Costs and Benefits 6-1 Appendix. Wa ter Right Claims vii <l {_ '. TABLES Page 3-6 3-1 Alternative Plant Characteristics 5-1 Seward Electrical system Demand, October 1975 to September 1978 5-2 Value of Alternative Power Sources 6-1 A1terntive A Preliminary Cost Estimate 6-2 Alternative B preliminary Cost Estimate 6-3 Alternative C Preliminary Cost Estimate FIGURES 1-1 2-1 2-2 2-3 2-4 2-5 2-6 2,",7 3-1 3-2 3-3 3-4 3-5 5-1 5-2 5-3 6-2 6-3 6-4 Existing and potential Facilities on Lowell Creek Lowell Creek Flows 1966 Hydrologic Year Lowell Creek Flows 1967 Hydrologic Year Lowell Creek Flows 1968 Hydrologic Year Thirty-Year Monthly precipitation, 1948-1977 Lowell Creek Flow-Duration Curve potential Power & Energy vs Flow Mean Monthly Temperatures Alternative A Schematic Layout Typical Induction Generator Alternative B schematic Layout Alternative C Schematic Layout Typical Cons truction Iii ",l:<_a ti-e "> c /...c..{ ..J:.<.. Seward Electrical System Oemand October 1975 to September 1978 1-4 2-3 2-4 2-5 2-6 2-7 2-8 2-9 3-7 3-8 3-9 3-10 3-11 5-4 y~ .. Chapter 1 II. INTRODUCTION This study of the feasibility of a hydroelectric power development on Lowell Creek haS been conducted to assist the city of Seward in its search for additional energy sources. Lowell Creek was selected as a possible site for hydroelectric development because of its steep gradient and resulting head potential as well as its proximity to the city. The study began with compilation and research of maps, data, and other reports to develop concept designs and establish the available head. The hydrologic data were analyzed to estimate available ~ergy throughout the year. Long-terlli temperature and rainfall data were examined to correlate the available streamflow data to the long-term average. From the head arid flow for alternative sites, the energy potential was computed for each site. Concepts and layouts were then developed for each site. The concept development included a study of dam safety, environ- mental impacts, and permit requirements. Project costs were approximated from cost quotations for major equipment items and general reconnaissance~ level unit priCE! cost data for the construction work. Finally, annual costs were estimated and applied to the project energy output. This chapter describes the history and present status of electric power supply in seward. Also, the existing facilities on Lowell Creek are assessed for the possible use in a new hydroelectric project. HISTORY OF SEWARD POWER Seward was founded in 1903 as the terminus of the Alaska Railroad, linking interior Alaska to a year-round port. Seward Light and Power began supplying electricity in 1905 using water from Lowell Creek. A valve house and penstock were located approximately one-half mile up Lowell Creek, and a powerplant was located at the foot of the canyc:m. The powerplant was flooded ye~:tly. Snowslides often badly damaged the penstock, and outages were frequent. The city began its own electric system in 1938, competing with privately owned Seward Light and power. That same year, the U.S. Army Corps of Engineers began construction of the Lowell Creek diversion dam and tunnel for flood contrel (figure 1-1). During World War II, the military pro- vided power for their own needs. In 1951, the city gained control of the entire electric system in Seward. . From 1934 to 1936, plans were made to bring water from Lost Lake, 12 miles . north of Seward. The cost was estimated at $249,000. The application for license was not approved. The city then built its diesel plant at Resur- rection Bay, but in 6 years the cost of diesel fuel alone was more than $254,000. In the 1950's, the city applied for a power permit at Crescent Lake, about 32 miles north of Seward. Feasibility studies and engineering plans were developed for the project, and in 1955 the Federal Power Commission (FPC) 1-1 ~~ issued a permit. The city then began building transmission lines to Mile 25 on the seward-Anchorage Highway. The next step would have been to incor- porate a small Crescent Lake powerplant into the Seward system. About this time, the Chugach Electric System (CEA) applied for a power permit at Cooper Lake, about 25 miles northwest of Seward. The project was approved and developed. In June 1961, Seward entered into an agree- ment with the CEA to purchase wholesale power, with the delivery point at Mile 25 on the Seward-Anchorage Highway. The Crescent. Lake project was then abandoned by Seward. Seward I s seven diesel units in the municipal plant near Resurrection Bay were put on standby in case of a CEA outage. The 1964 earthquake and subsequent fire totally destroyed the seward diesel plant. Through insurance, the city rebuilt the plant to provide the standby power. The plant's existing capability is 5,500 kilowatts (kW), including 2,500 kW provided by Louisiana Pacific's chipping mill diesel plant under contract to the City of Seward. EXISTING FACILITIES Few, if any, of the hydroelectric pwoer facilities remaining on Lowell creek might be useful in a new development. Figure 1-1 shows the location of the existing facilities on the creek as well as the sites of the alterna- tive project layouts described in chapter 3. The remains of the uppermost facility, a valve house and penstock built by Seward Light and Power, are located about 1 mile from .the west edge of Seward. A reinforced concrete building that formerly housed screens, valves, and an intake for three steel pipelines is intact, as are the ruins of a low dam, a diversion wingwall, and the abutment of a concrete weir upstream. The 30- by 11- foot concrete building, plus a 12- by l2-foot side room, might be useful if an intake were developed at this site. The l;"emains of the dam, wing- walls, and pipelines al;"e not useful. The pipes extend intact only a few feet from the in-iZake building. From there to the tunnel diversion, short sections of pipe are visible among the boulders and debris as a twisted, smashed mass of o1d steel pipe, none of which is salvageable. No l;"ecords or drawings have been found of the previous hydroe1ectric power faci1ities. A second diversion dam is thought to have once existed about midway between the Corps. tunnel diversion and the o1d valve house and intake bui1ding. surveys. 'conducted in the fall of 1978 as part of this study found only a short section of a concrete rubble weir, which is apparent1y still intact at the abutment. Nothing was found that would be useful for a new development. The existing corps of Engineers flood control project was constructed partly before arid partly after World War II. It consists of a diversion dam across Lowell Creek and a tunnel about one-half mile long through the mountain emerging on the shore of Resurrection Bay south of the city (figure 1-1). The purpose of the diversion dam and tunnel is to divert flood waters and the large bedload of sediment (estimated at 27,000 cubic yards per year) from passin'1 through the town. The tunnel is lined with steel rails to withstand the wear and tear from the rock debris during flood stage. 1-2 ~o. The existing streambed from the Corps tunnel diversion upstream about 4,000 feet to the old intake structure has a steep grCidient (about 6 percent). Boulders, gravel, and debris fill the vall~y bottom to a depth of 15 or 20 feet at the upper end and up to 100 feet at the tunnel diver- sion.. stream meandering is only slight. .because of the very steep grade and rapid velocity. The canyon sides are steep, with several avalanche chutes containing rock fragments on unstable slopes. Each chute has formed a delta of rock fragments at the valley floor. Wherever the stream inter- cepts the deltas, rock fr.agments have been washed awCiY by. the stream. During high water periodS, vast quantities of rock d.ebris are washed down the channel. Corps of Engineers feasibility reports on the diversion tunnel show estimates of 27,000 cubic yards per year of material moved downstream by the rampaging creek. The present appearance of the creek suggests that the recent annual flow of rock is no \TI6re than a few hundred cubic yards, but this is still sub- stantial. No intake or diversion could be considered without a means to handle the bedload of rock, gravel, and sand. Generally, there is little bedload for flaws of 60 cubic feet per second (cfs) or lessi so if the design flow for a new facility is 60 cfs, excess flows could be used to convey the bedload or to flush sediments from the sediment traps. A short distance upstream from the tunnel diversion dam are four city wells consisting of corrugated metal pipe encasements and concentric steel pipe well casings about 35 feet deep. Each well contains a Jacuzzi sub- mersible pump with a 3-horsepower, 3-phase, 220-volt~3,450-rpm ~ranklin motor. Wells number 3 and 4 are no longer operated because of loss of capacity. Wells 1 and 2 produce a total of 365 gallc>ns per minute (gpm). when drilled in 1964, each well had a rated capacity of 200 gpm. The wells are located in the middle of the valley flgor on the rock frag- ment alluvium, which is probably 100 feet thick at this location. These wells are not the main source of water supply for Seward. There is reason to believe that a substantial percentage of the Lowe~l Creek runoff dis- appears into the alluvium and flows below the surface the remaining distance to Resurrection Bay. Crude measurements of width, depth, and velocity showed a surface discharge of 100 cfs at the old intake structure and 40 cfs at the tunnel. If a project some day proves feasible, a slurry trench or similar cutoff to maximize surface flow should be considered. The depth of alluvium and the numbers of large boulders would make con- struction of a seepage barrier difficult. <40 EXISTING OUSE_ VALVE H . A Intake AlternatIve Diversion '. A Pipeline Alternative . A Powerhouse Alternative CORPS EXISTlSNI~N DAM DIVER . e B Alternatlv Powerhollse ~ Intake & "" ./ ./ ./ ./ ./ NNEL <EXISTING TU ./ "" ./ ./ . e C ./ Alternatlv Powerhouse Intake & E 1. 1 TENTIAL F1GU.r.NG AND PgWELL CREEK ~ \ ~~~LITIES ON L .11 Chapter 2 .. POTENTIAL FACILITY OPERATION AND POWER PRODUCTION HYDROLOGY Lowell Creek has been gaged for 3-1/2 years, from May 1965 through Sep- tember 1968. The streamflow was measured at the outlet of Lowell Creek near Resurrection Bay. The drainage area is 4.02 squ~e miles. Plots of the minimum, mean, and maximum monthly flows ~or the three hydrologic years are shown on figures 2-1, 2-2, and 2..,,3. The maximum flow was 1,200 cfs on 21 August 1965, and the minimum flow was 1.0 cfs for several days in January 1966. The flow records might be affected by pumpage from city water wells in the alluvium of Lowell Creek. Also, as noted in chapter 1, a substantial amount of the total runoff could be lost to subterranean flow through the rock fragment gravel deposits in the valley floor along Lowell Creek. To extrapolate the 1966-68 flow records to a longer period, a correlation was made with the long-term rainfall records. The precipitation was plotted on the basis of monthly normal derived flows from 30 years of record, as shown in figure 2-4. The monthly precipit~tion for the years 1966 to 1968 was compared to the 3D-year normal and found to average about 86 percent of the 30-year precipitation. Thus, it was assumed that the average streamflow for Lowell Creek might be proportionally higher than the 1966 to 1968 records. Daily streamflow data for 1966 through 1968 were used to compile a flow- duration curve. The derived curve was assumed to be 86 percent of the 30- year average, and a second curve was developed to represent the estimated 30-year average. These curves are shown in figure 2-5. An examination of the flow-duration curves shows that the low flows during winter freezeup are too low for operation of a plant 30 to 40 percent of the time. A plant would be shut down from about November to April each winter. In addition, abbut 10 percent of the time the flows are high enough to carry a considerable bedload of gravel and rock fragments. No volumetric measurements have been made of the amount of bedload for a given flow, but visual observations found considerable amounts of particles moving with flows between 75 and 100 cfs. In this study, it was assumed that the bedload would be too large for a plant to be operate4 when flows exceed 75 cfs, or about 10 percent of the time. ENERGY using the "flow-duration data, the potential power and energy production was computed for several sizes of powerplants. This ~nformation is plotted in figure 2-6 ahd shows that flows larger than 60 cfs would provide almost no gain in energy prOduction. Data from this figure were used to arrive at the plant sizes discussed in chapter 3. 9~ An examination of total potential energy production versus net production reveals losses of about 20 percent for a small, 100-kW plant and up to 30 percent for a 250-kW plant as a result of shutdown caused by low flows or high flows and resulting heavy bedload. The lOO-kW plant would be shut down about 26 perceilt of the time and the 250-kW plant would be down about 50 percent of the time during an average year. OPERATIONS The projects that were considered are all run-of-river types. They. would have no storage, not even for daily peaking operation. Usually hydroelectric powerplants are not designed to operate when the flow drops to less thari 20 or 30 percent of design flow. Under this condition, the plants could riot be operated during the winter from about 1 November to about 15 April because mid-winter flows get down to 2 or 3 cfs. At 3 cfs and 60-foot head, the power potential would be only about 12 kW. During winter shutdown, the penstock and powerhouse would need to be dewatered to avoid damage from freezing. Some items of equipment would be maintained with a low heat source to avoid moisture and associated cor- rosion. The intake and tailrace must be designed to withstand the freezing condi tions . Average monthly temperatures from 30 years of record are shown in figure 2-7. WATER RIGHTS Two certificates are reprinted in the appendix showing the claim by the city of Seward to the entire output of Lowell Creek. There are no other known claims to tilie runoff from Lowell Creek. ~~. 1000 100 .. - 2 ~ ..J u.. 10 1 ......-\ \ \ Max. Oct Nav Dee: Jan I Feb' Mar .Apr May Jun; Jul Aug Sept Oct MONTH CiL\ FIGURE 2 - 1 LOWELL CREEK flOWS 1966 HYDROLOGIC YEAR 1000 10 100 M - 2 ~ o ...l u.. Oct I Nov Dee Jan .. Feb Mar Apr May Jun .-" . Jul Aug Sept Oct 1 MONTH <:1< FIGURE 2.2 LOWELL CREEK FLOWS 1967 HYDROLOGIC YEAR , I 1000 100 Max. M - 2 Mean s: 0 ....I lJ.. I I I I 10 1 Oct Nov Dee Jan Feb. Mar Apr May Jilin Jul AlJg Sept Oct MONTH ~8 FIGURE 2.3 LOWELL CREEK FLOWS 1968 HYDROLOGIC YEAR " 30 .. .. '5 c z 20 0 ~ l- ii: C3 iii a: ll.. Z <( iii ~ ~ :I: I- Z 0 10 == Mean /--, ~ M" _ F 10,'__ "-- ...- - ... .... -- - o Jan Feb Mar Apr May Jun Jul Aug Sept Oct Noy Dee MONTH FIGURE 2.4 SEWARD THIRTY. YEAR MONTHLY PRECIPITATION, 1948.1977 ~ "7"1 70 60 50, Measured Flow ... ... ~ 40 :: Estimate For Normal 0 ~ R'ainfall LI.. :: <I: w a: I- CI) 30 20 10 o '0 20 40 ao 100 60 PERCENT OF TIME FIGURE 2" 5 LOWELL CREEK FLOW- DURATION CURVE \~ CO) o .- x &; s: .~ . 1200. . .1000 >- Cl a: ILl Z ILl ..3 <t ::l Z Z <t flOW AT RATED OUTPUT ( aR i h:hl 10. 20 30 40 50 60 70 800 .e;,----- ;; / ~e~/ f>~~ ~ 600 400 200 o 100 200 300 RATED OUTPUT (kW I NOTES: Net Head (~NI ,=56ft Total Effic:ienc:y](Etl = 84 % Adjusted flow based on plant shutdown when 0>100 cfs because of heavy transport of sediment. FIGURE 2 - 6 POTENTIAL POWER & ENERGY VS FLOW qq, 70 . 60 . .. . .. .. .. e. . . . . . . . . . . 50 . 1>. . . . . . . . . . LL ..ef .' e.. 40 . w a: Max. Monthly Mean :) I t- 1947 to 1978 Mean c( Cl: /. I.U Min. Monthly Mean Cl. sf :E I.U 30 --, t- I \ I \ I \. ~ , 10 . -0 Jan Feb Mar May Dee Jun Jul Sept Oct Apr Aug Noy MONTH FIGURE 2 - 7 SEWARD MEAN MONTHLY TEMPERATURES \ ()~ .. Chapter 3 .. ALTERNATIVE PLANT SITES AND DESIGNS preliminary concept designs have been prepared for three alternative sites. Basic components common to each alternative include an intake with rock separation arid a sediment trap, a penstock pipeline, a turbine and generator, accessory equipment, buildings, a tailrace, and power trans- mission. The three designs are: . Alternative A. A 250-kW powerplant near the old abandoned intake and power structure . Alternative B. A lOO-kW powerplant at the existing Corps diver- sion dam and entrance. to the tunnel . A7,ternattve C. A 250-kW powerplant with the powerhouse located between the rock cliff and the road at the outlet of the Corps diversion tunnel. The locations of the major facilities of each alternative are shown in figure 1-1. ALTERNATIVE LAYOUTS Alternative A The powerplant for this alternative is farthest upstream of the three alternatives considered. It is located at the site of the abandoned Seward Light and Power intake and valve structure about 1 mile upstream from the .west edge of Seward. The design consists of rebuilding the old intake (only the 61d valve house is partly useful), constructing a 36-inch pipeline running about 0.25 mile downstream, and building a new powerhouse close to the north side of the valley (figure 3-1). This alternative has about 60 feet of head available. For construction use, a gravel access road would be extended from the existing tunnel diversion daIli up to the powerhouse and intake. This road would also be maintained for operation and maintenance vehicles. The powerlin~ would be extended about one-half mile, from the vicinity of the Seward Water Works up to the powerhouse. No power supply is anticipated for the intake works because all facilities there would be manually operated. The pipeline from the intake to the powerhouse would be concrete cylinder- type with an extra thickness of concrete for protection against damage from the rock backfill. The pipe would be buried with at least 5 feet of cover, using the natural slope debris and river gravel for backfill. In addition, heavy rock fragments and boulders would be bulldozed from the valley floor to form a berm for protecting the pipeline against erosion .damage from the stream and avalanche damage from the canyon slopes above. The powerhouse would be a simple but sturdy reinforced concrete building to house the valve, turbine, generator, switchgear, and controls. The \(1,\ turbine could be packaged reaction unit of bulb or tube type or one of the more conventional types with horizontal shaft. The proposed generator would be the induction type (figure 3-2) with horizontal shaft, probably direct connected at 720 revolutions per minute (rpm). The .generator voltage would be 480 volts. A low-voltage breaker would be provided ahead of the 480j12,SOO-volt, 300-kVA, 3-phase trans- former. The pull-off structure above the transformer would have a fused disconnect switch. The power transmission line would be an extension of the existing line serving. the city water works. Wood poles with standoff insulators are proposed. . The control system would be austerely simple but would include safety devices to shut down the plant in the event of a malfunction. Following a shutdown, the plant would be restarted manually after the problem had been identified ahd corrected. A control circuit would extend from the powerhouse to city Hall to indicate normal plant output and to show an alarm if the plant trips off the. line. Consideration of a dam for impounding pondage for daily peaking was ruled out because the large quantity of bedload sediments carried by the stream would soon fill the reservoir. Also, the stream gradient is steep, so that the dam would be large and the reservoir relatively small. In addi- tion, the sediments forming the valley floor are pervipus, thus requiring a deep impervious cutoff under the dam. This valley w01.:.l1d be a poor site for dam construction. Alternative B For Alternative B, the powerplant would be located at the diversion dam and entrance to the tunnel (figure 3-3). This plan wOl.lld use the head of about 30 feet between the stream level and tunnel invert. The bedload sediment would be as heavy here as for the other alternatives. Several options were considered for separating the water and sediment. A system of underground pipes similar to those used for.a sand filter or drainage collection gallery could suffice, with a total area of about one- half acre for maXimum flows up to 50 cfs. However, thi.s system could become plugged by fines or damaged by erosion. Also, the porosity of the gravels might be so great as to lose the water entir~ly, as has happened to two of the city wells. A second option for the intake would be a concrete basin for sett1in9 out the particles plUS a gated outlet for flushing the sedi.~ent downstream through the tunnel. Factors against this option f3h0u+9. include the large amount of labor associated with sediment removal, the qhance of not being able to flush out the sediment whenever desired; and the damage likely to occur to the structure and gate from large boulders and ice. The third option for an intake consists of a reinforced concrete drop inlet with steel bar screens having l-inch-wide opening, a hopper for collecting sediment, and a blowoff pipe for removing the sediment from \~ . the hopper. Only the l-inch-minus particles passing the bar screen would be collected in the hopper. Coarser rock would tumble over the bars and continue downstream through the tunnel as they now do during high stream- flow. Visual observations revealed that very little sediment is moving when the streamflow is 60 ers or less and that the sediment is transported most during the highest streamflow. Thus, whenever flows are 60 cfs or less, power operation could continue. When flows exceed 60 cfs,. a portion of the excess over 60 could De discharged through the blowoff pipe to keep the sediment removed from the hopper. As flows increase to several hundred cfs, most of the sediment would be larger than l-inch diameter and would carry over the bar screen.' If the smaller I-inch rocks were to carry through the hopper and cause problems with machine operation, the plant would be shut down for the duration of the storm and restarted as the floodwaters recede. Because of the restricted space around the tunnel entrance, the powerhouse for Alternative B would be sited on the south side. It would be a rein- forced concrete structure with a vertical shaft casing, housing an axial flow or mixed flOW turbine, and driving a vertical shaft induction generator at 720 rpm. The Ijenerator would be rated 100 kw. A 36-inch steel-iined tunnel would extend from the bottom of the powerhouse shaft laterally t.o the tunnel about 10 feet downstream of the portal. The total static head would be about 30 feet, and the. net operating head about 26 feet. Problems associated with Alternative B include: . The small size (100 kW) would have as many operational problems as the iarger sized alternatives. . The powerhouse location would be dangerously close to the tunnel entrance. During high flows the powerhouse would be inaccessible to heavy equipment and difficult if not dangerous to reach by foot. . Extreme precautions would be necessary during construction to avoid having equipment swept into the tunnel by freshets. . The shaft and lateral tunnel type of construction would be expen- sive and perhaps hard to justify for such a small powerhouse. . winter freezeup would probably damage the sediment trap and blowoff pipe. Alternative C This alternative would take water from the tunnel exit through a bar screen, rock trap, and penstock to the powerhouse sited between the rock cliff and the road, for a total head of about 60 feet. The tailrace would then be through a culvert under the road to the beach (figure 3-4). \03 The intake located in the bottom of the tunnel exit channel would have a bar screen with I-inch openings, The bars would be parallel to the direc- tion of flow to permit rocks and boulders to rollover the top. Small gravel under l-inch diameter would pass through the bar screen and collect in the rock trap. The penstock entrance would be from near the top and downstream side of the rock trap. As the trap is filled with sediment, the shear gate could be opened to flush the sediment through a pipe and onto the beach. Whenever the flow exceeds the turbine capacity, excess water could be passed through the blowoff pipe to keep the rock trap continuously clean. The penstock entrance in the upper downstream wall of the rock trap would be flared to provide a smooth transition of flow and to minimize the possibility of sucking rocks from the trap. The 36-inch pipe penstock would handle a design flow of 50 cfs at a velocity of about 7 feet per second (fps). EQUIPMENT SELECTIO~ The following equipment items are common to all three alternatives. Intake. The bar screens would be conventional welded-steel flat bar screens. Gates and valves would be common catalog items produced by several com- petitive manufacturers. Pipe. C~ncrete cylinder pipe was considered in the preliminary designs and cost estimates . In final design, competitive types such as ductile iron and welded steel should also be considered. TuPbine. Recommendations were solicited from manufac~urers in regard to tube, bulb, and cross-flow-type units. Inquiries were also made about using conventionally designed pumps as the prime mover. The extreme variation in streamflow would make it desirable to have a turbine qapable of operating over a wide range of flow. In this head range, the Kaplan or the Ossberger cross-flow type turbines are most common for wide flow variations. Multiple-reaction turbine units were not considered in detail because of the added cost'for two units in lieu of one. Genel'ator's. This i tern would be of standard manufacture produced by sev- eral competitive suppliers. . AccessopY Mechanical.. cmd EZectncal.. Items. It would be desirable to purchase turbine~generator package units with almost all of the accessory gear included in the package. The switchgear and transformers would be standard i terns. Package Units. A complete package unit such as the mini-Hydel station offered by ~arber Hydraulic Turbine Ltd., Ontario, Canada, appears best suited to this project. The turbine, generator, and al:J.. controls are packaged in a unit designed especially for small northern sites with minimum requirements for operation and maintenance. Support facilities required to accommodate the package unit would include the intake, \O~ penstock, fabricated scroll case, mounting foundation, tailrace, and electric power substation. . other semi-package units considered include Nohal:> units, and the Ossberger cross-flow. to offer a cost quotation. Allis-Chalmers units, Bofors- Barber was the only alternative CONSTRUCTION SCHEPULE Figure 3-5 is a typical schedule for a small hydroelectric power project. This schedule is based on a fast-track approach in which the studies, designs, equipmert~ manufacturing, and construction run concurrently to the greatest extent possible to expedite completion. It is assumed the Federal Energy Regulatory Commission (FERC) license process would take 8 months after the application is submitted. FERC has publicly said they expect to shorten the process to 6 or 8 months for small projects. This might be optimistic, because present licenses have been in the process about 18 months and, with the surge of small hydro projects now being studied, we expect FERC to be flooded with applications. The schedule also is based on equipment design being concurrent with the licensing and bofid sale so that the major items can be ordered soon after bond sale. The manufacturing process is shown as 2 years. Current manu- facturing times are running. 24 to 30 months for special machines, and some manufacturers are estimating 1 year or less on standard design units. This project does not fit the commonly offered standard design units, so that 2 years is probably a practical estimate for turbine-generator pro- curement. Embedded parts would be available in the interim period. The powerhouse design would be performed after basic information on the turbine and generator is received from the manufacturer. constructi.on of the powerhouse foundation and appurtenances can then commence and be coordinated with delivery of turbine and generator embedded parts. startup and testing would conclude the work. The total elapsed time from a decision to proceed with licensing would be about 39 months. If the manu- facture of small hydropower units is developed to standard designs allowing a I-year delivery, the project schedule could be shortened to about 27 months. SUMMARY The advantage of a hydroelectric power development on Lowell Creek i.s that it is close to the city. The transmission line would be a very short extension of the distribution system and the plant would be close by for operation and maintenance. The disadvantages of such a hydroelectric development are common to all the alternatives.. The major disadvantages would be: . Plant size and energy production would be small, less than 5 percent of the city's energy needs. )t\5 @ The streamflow is such that winter freezeup would make the plant inoperable from about November to April. . . The amount of sediment carried by the stream would require an extensive rock skimmer and sediment trap with considerable 1abor- intensive operational requirements. The plant characteristics of the three alternatives considered are sum- marized in table 3-1. TahZe 3-1. ALTERNATIVE PIANT CHARACTERISTICS Alternative A Alternative B Alternative C Flow (cfs) Design 60 60 Usable minimum 12 12 Head (ft) Maximum static 65 30 Net rated 60 25 Net minimum 60 25 Capacity (kW) Rated (kW = QH/14 approx.) 250 100 Rated (HP = 4/3 kW) 330 133 Speed (rpm) 720 720 Specific Speed (N ) 78 148 Power Conduit s Length (ft) 1,300 100 Diameter (in. ) 42 36 60 12 65 56 51 250 330 720 85 100 36 tob ~. Pipeline Lowell Cr. Valley Floor PLAN Intake Pipeline PROFILE \ol To Stream FIGURE 3.1 ALTERNATIVE A SCHEMATIC LAYOUT , . . . z ... 0 ,E ill .. o. = . I- ~-e u .. .. .. () .. ~ 'i :I C .. ::) .... . B 8. CIl . ::E NCCC Z.= U ~ o. . .. . II 0 .. $ .. :I .~O en "0 .. .. 0 .. .. ::E C 1: > E E ::I: M I- 'c t! o. ~ ~ ~ i: W..J<t C .. E E .. a:<tCC :I > II: C 0 <( <( 3: 3: :;,52w 1:" @]~@0@0[I] e"Cl..Z 00 _>w .- .. u..1-e1 tiE :I .. "CI: I: co -~ . .... .- "" ".. .g f UlXl .. M "C "0 '" J:; as 6 j~ U;!Hi ! d,.~'o''5 ::;:c,j.:3::E 0 C .. o u .~ 'f i .. .. ~ ~ ~ > Cl co or ..... > Cl Cl \l) N" ... J WllUAS J8MOd \O~ , , , . . Existing Diversion Dam Intake PLAN S -b-d ~ &._, tream _ .e '\ --- . ===.-'::::~ Sedi"'!ent Trap - --~~ "- "- ......... -- ~~J --T:: PROFILE FIGURE 3 - 3 ALTERNATIVE B SCHEMATIC LAYOUT \fr\~ ., " Intake & Rock Skimmer I / / / :roe of Slope I I Face of Cliff ______ / Transformer & ~ Primary Switchgear / I Foundation for / Package Power Unit I i I I ~IJ 1. ~--=:--"" . / r / I / I / I .::::-..::::: - _TaLaes Co / ----::;:.::::-::::;g~ I I --.:::: I / I / I / Powerline (', " " " " ,,,- " " , " " " " " """- Existing Bridge PLAN Intake & Rock Skimmer Packaged Turbine, Generator & Controls Transformer & Primary Switchgear t Tailrace Pipe PROFILE FIGURE 3.4 ALTERNATIVE C SGHEMATIC LAYOUT l\~ . <! ~~ .., . ._ GI I oC:. ... u:: N ~ ~~ CI) en < - ~ u. ~ ~ I ... " GI~ Q .!e~ z .Ecf~ ~I 0 .. .. c en = ,:. 8 < Q GI._ ....- U c:3 .. - ... en Q CI) ... en - ~ .. " < = ~ c;; c u. .2 " ...... ... c.-.- I>> a;Q. Q E.'!:: 0- ._~ :I Z .. QUen .. = 0 'U .. en .... I = < c .. I i ... ~ en ... I ... ::e I < .. I .. I " ::e .. I 0 u. , ... 0 I i z I 0 I en I c( I en .., I r-- .., en ... ::e <C ~ ::e .- :. U. ~ ... 0 GI Z C CD -.= r-- en 0 ~ ... '" > ow z ~ z z .~ C z..J 0 Z 0 0 en ::l - .c( 0 w 0 ~ w ~ en ~ ~ )0- w w U en w C Q Cl. C ::l oZl U Z ~ S w a: a.. - 0 0 ~ ::l ~ CI) z II) en w w ::l Z ~ l 0 a: a: 0 c( w :r U u. S a: ti 0 .1&1 1&1 W ~ II) ::l 0 :r a: w ~ \ \'t\ z o I- U :> a:: I- eI) Il)~ 'U C") w..J a::<t :;:)~ ~Cl. ->- Ll..1- li.J -J :S ~ \U :t V VI .. Chapter 4 .. DAM SAFETY, ENVIRONMENTAL IMPACTS, AND REQUIRED PERMITS . DAM SAFETY . The U.S. Army Corps of Engineers has recently completed a Dam Safety Inspection Report. on the Lowell Creek flood control facilities. They report the dam to be safe and in good condition. They were not able to inspect the tunnel at that time, but propose to do so when the streamflow is lO~'l. ENVIRONMENTAL IMPACTS The development of a low-head hydroelectric generation facility would not adversely affect the natural or manrnade elements of the environment in the Lowell creek drainage or in the City of Seward. Environmental topics of special note are briefly discussed below. Seismicity A recurrence of an earthquake similar to the 1964 event would be expected to damage a poWerhouse located on the beach, as planned for Alternative C. However, the cost of construction to prevent such damage could exceed the cost of the damage itself. It would be most cost-effective to accept the risk of damage rather than try to prevent it. Fish and Wildlife Lowell Creek does not support any fisheries, and the state of Alaska has placed no restrictions on the creek to protect the wildlife habitat. The valley supports some moose and an occasional black bear. Forestry and Mining No forestry activity is present in the area. However, any construe tion that would clear trees should be planned to avoid areas of unstable slopes, or to stabilize the slope during construction. The Alaska State Division of Lands has no record of ~nY subsurface claims or mining rights. Recreation Lowell Creek is not classified as a wild and scenic river nor for any recreational use by the Alaska State Division of Par~s. However, the area above the diversion dam is used sporadically for camping and hiking, although no support facilities for these activities are available in the immediate area. * U.S. Army Corps of Engineers. Phase 1, Inspection Report, National Dam Safety Program Lowell Creek Dam AX 0,060, Seward, A~aska. 30 September 1978. IY'J " ) . ; , .. _.J i;. r' ," l .". / I J' . ",...,- - . ~ ~ =-$ S. ";l'.r .;\.,. ~. ---~ .- . - -, ; ';)LJ!~' ':~nZ. /.J... i \:.1: ./ .... ~.-....;:;-t1 n. ":I~.:l;:t.": l)id:Hi Im!CE OF A~ursmoN OF It'AJ.~ RIGHTS . : . ZDTrC3 IS :m:P..E:m( GIVEN tba~ . the CITY OF S~~~. ~ mmic!pal cOrporation ~r~:i:ed. ~er' a~ oPerat:tng 'purst:.a:!:1t to the'lawS of " . - the State of Alaska. HEP..EEI CLAn1S AliJ A~UIRES (mdha~ cbimed m;C acquired) al~ tha t.;ater fl~~-Ilg through and out of Lm;ell . . -. . . .. ,. -. '-~' ~. CCuJ' '-.1 frm its. sourea and -loC3t:ed in T~p 1 SO"t:t1l. Poange l' ".-.- .... ... ",.. -. " - t-?cst t ~el:ard '!-:Jzd.dian. Al.aska. constituting ona and one-half . . . -.>. , . ". - .- - - '.. nilliOn b-IUon.s; per day; FOR 'L-iE PUR.."P05E of public ttSe b-j" and for ue ciJ::izens of the City ,of ~e-.;ard. This notice is posted ~t ..- point of tG!:~. said ~:a tar. ..ne . " . ..,.,/" Dated this .$- ~ of I~o~~r" 1964. CITY OF s::t;rAP.D D</ . -1 '/.....- /' -=-- :' .- A: I (/{ L.U -..), V F~ I. Hc:iltz: C::":"z/l~n.ccc.r ;, '1': ~..;., ~,... ::- Whose aCc:-ess is: Bo~ 15 6 Set.:cr.:-d. Ale $;..:1 . \ r;;:f':;,'i'.:.~ - ~~ I .. .....!W.JS"v_u 2_____~~ _ll=c.. ;: isl. \ ,- .-:: ~.~:-!~ - J~(~s:.'-l' s"'--':;;;;'-:-:'..' ..,...y. ...; I'",..J':-~:"'_ '-'~ . ,/J ~.. ..- .Jt?'i _ ~ e. ~ L_ _. -;:~~... _--I . \' _.,_.,~= .... --:C} -j9' - . .- .- -.~ -.. /'f..-,-,,=,,-~. _ _ - ,~--.......,.:...=~~.. ~ ""-<<"~.t - - ......s ~ Jf ~"-. ':'t"'= :__" ., B? \'-~.." ,-, ~~... f~. 'l~; 1 I: ~"M l'.:t ".;.... .,-" ~'.7. :- ' . ~.1 ,-:. of: ; -. :'(<<:.11 ,,-~\)II" II: ~ ~ ~;- ~",-, ,:~) It, ..... ~ f;...,., t".~'.. ~ P( . '11 f". t_....1 &; . .... t L1 ." . -:'_.'::"oi.o.l.~,&_""",""'.""'-=-:"-a:""'--- . -~ . :."..b"'&....~'J./-~ --- \ \U " . .' ...t. IJZ\':1::~I:':1 UF J.J:.~jS Eranch o! l:~t~r ~~~ou=CCg Fot1ll 236 66 . DECL;~w\TIO~ Ci APPRO?RL~TIO~ ~al:le of Appropriator Ttle ci.cy of S-::-,...ard 2. Addr~ss Box 337, Seward. A1as!~a Location of: 11. Stream or spring ;["0:1 \Jhich diversion is bzing ..:oace Lo....e~1--Ca.";:.1C)~L.....a.: . L~....el-l-Cree~lS';-R1W.;-. SM:;Nort:;.'1 a.."1d-Northeast ~'laters~ect 01: .!)::;!ar doi~:'l'::.au all_o~_!.Iaratno~:.~ounk~in-.and~R.udol:;ih-Creek,all.02 Jap.- Creek, all -of-Iro} Ground ....ater velles) from-which l:ater is being withdralol1l Old Ft. Ravmond '\'lel1s 1, Lot 2, Trac~.A, Survey ~149& 242; Lowell Canyon we~~s, TlS, RIW, S.M. Area of use of :vater.appropriated ~r->c.H ens 1. 2. - 3. 4. 9. , O. 15. ' 6, 28, 33, . . and S.w. '/2 of. 27 &_~5 (presently supplies 10,.3, .34) Q~antity of vater app~opriated. (see table of equiv~lents) See attached sneet Quantit~ of undevelo~~d is. unkno~m. 7 .Z~ ,.lA.: 1~ ~- Use of the ~ater appropriated To s\.1':>;:>l'/ municipal "iater svste:-n. Engineering structures planned or constructed to effect diversion of stream and/or ~ith, I . ground yater "- P1~nnpA ~r~)ctures a~e not ve~ enqineQred. Briefly descril.>e legal basis on vhich you claim existing vater rights Public . ...; ~'''' :;. ...~- .:. ;', - . . . .' . ~-ater supply,o~e.d"anC!.,operated by The city of Seward under authority oE 29.10.135 & ~apter 13 ot Tne Home Rule Charter of The ci~y of Seward. ..9\ f-ave you e':'lclosed your filing fee of $ft180? Yes .0 k -0 Othe. pertinent aata or remar's If required copies bfrnaps of water system can be made and ~ent in. 9. D:dll logs and pump tests :F.::1(:lo what we now have available ~~j)~ Date '/11 /^" ~1tness t t'i ~)dt!.../JJ4 , ' gned Kester T ... . D:)tt~ . Ci ty l~;mager \ \ < June 2007 Monthly Planner . 12:00 PM Historic PreselVation Work Session (Hoben Park Restoration) 3 4 5 6 7 8 5:00 PM CC Spec Mtg. (L TCF Sne) 6:30PM P &Z WO<k Session 12:00 PM PACAB Meeting 7:30 PM P & Z Meeting 10 11 12 13 14 15 7:30 PM City CouncU Meeting 6:30 PM P & Z Appeal Hearing 17 18 19 20 21 22 23 6:30 PM P & Z 6:30 PM Historic 9:00 AM -1:00 PM Work Session Preservation Social Security Rep Meeling 7:30 PM P & Z Special Meellng 12:00 PM L TCF PublicMIg. 24 25 26 27 28 29 7:30 PM City CouncD Meeting 7:00 PM CC WO<k Session (Future location of Public WorkslElectric & Generator Replacement \ \ I 9 16 ~ 30