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HomeMy WebLinkAbout08132007 City Council Packet The City of Seward, Alaska August 13, 2007 Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Tenn Expires 2008 Robert Valdatta Council Member Tenn Expires 2007 Robert Thomas Council Member Tenn Expires 2007 Steve Schafer Council Member Tenn Expires 2007 Jean Bardarson Council Member Tenn Expires 2008 Linda Amberg Council Member Tenn Expires 2008 PhiJlip Oates City Manager Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney 1. 2. 3. 4. City Council Meeting 7:30 p.m. Council Chambers Call to Order Pledge of Allegiance Roll Call Citizens' Comments On Any Subject Except Those Items Scheduled For Public Hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.} 5. Approval Of Agenda And Consent Agenda [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) 6. Special Orders, Presentations And Reports A. Proclamations and Awards 1. Recognition of 30 years of Excellent Service for Sue Magyar who has retired from the City of Seward.. ...Pg 4 2. Recognition of 50 years of business for the Liberty Theatre.................................................... ...Pg 5 3. Plaqlie of .^..pflfeeiati61l preselltes 16 Lyoo HeW fer ever seyen years af leaseFShi13 aHa aeaie&tes ser:-i.ee all the Seward Plar.niBg & Z6mag CetmBissieB. (Postponed until August 27, 2007 council agenda.) B. Sehesl Bsare R6J3ert C. Borough Assembly Report D. City Manager's Report E. Seward Port and Commerce Advisory Board Report F. Other Reports, Special Presentations City of Seward, Alaska August 13, 2007 Council Agenda Page 1 7. Public Hearings A. Items Not Required But Set For Public Hearing 1. Resolution 2007-076. Authorizing The City Manager To Appropriate Funds In The Amount Of $5000 To The Community Built Playgrounds Project And Authorizing The Use Of A Portion Of The Park On Ballaine As A New Community Built Playground..................................................... ..Pg 6 2. Resolution 2007-077. Authorizing The City Manager To Appropriate Funds In The Amount Of $5000 To The Community Built Playgrounds Project And Authorizing The Use Of The Third Avenue Playground As A New Community Built Playground. ... ... .............................. .......... .. . ..... . ............ ..Pg 8 8. Unfinished Business - None 9. New Business A. Resolutions 1. Resolution 2007-079. Authorizing The City Manager To Take Specific Actions To Remove Existing Structures In Japp (Japanese) Creek; Accomplish Repair Of The Damage To The Japanese Creek Levee; Seek To Manage Bed Loading In Japanese Creek; Minimize The Potential For Flood Damage In The Forest Acres Afognak Subdivision Addition And Other Areas That Are Now Undeveloped; And, Develop A Plan And Budget For Bed-Load Removal In Japanese Creek That Will Provide A Model For Future Flood Plain Management........... .Pg 13 *2. Resolution 2007-080. Authorizing The City Manager To Execute A Grant Agreement Between The State Of Alaska And The City Of Seward For The Purpose Of Restoring Or Replacing The Historic Fountain In Hoben Park, And Appropriating Funds.............................................................. .Pg 21 *3. Resolution 2007-081. Accepting A Grant In The Amount Of $2980.00 From Rasmuson Foundation For Furniture Replacement In The Teen And Adult Reading Areas Of The Seward Community Library And Appropriating Funds................................................................................ .Pg 36 *4. Resolution 2007-082. Authorizing The City Manager To Enter Into A Purchase Agreement With Wesco For 3 Reels 4/0 Primary Cable, For A Total Amount Not- To-Exceed $25,162.50........................................................... ..Pg 42 B. Other New Business Items * 1. Approval Of The July 9 And July 23, 2007 Regular City Council Meeting Minutes And The August 1,2007 Special Meeting Minutes....................... ...Pg 51 10. Informational Items And Reports (No action required) City of Seward, Alaska August 13, 2007 Council Agenda Page 2 11. Council Comments 12. Citizens' Comments [5 minutes per individual - Each individual has one opportunity to speak.} 13. Council And Administration Response To Citizens' Comments 14. Adjournment City of Seward, Alaska August 13, 2007 Council Agenda. Page 3 .. ..8 "2 C'l 'B C'l ~ ~ (/) C) .S rJJ -4-J rJJ Q) .: ~ .- rJJ .E d C) gp. 0 .- .e.- ..0 ~ ~ .~ t--.. .,..-1 ~ ~ ~ ~ ~ ..... .. .. Q) 0 .., 0 0 .....u ~ ~ ~ 0 -l-' o tr; ::t "'" ] ""':fj ~ ~ U CEO ..' ~ V C'l ..... ~ (j .. c G'> ~ .D 0 "1;;l 1l -Cl~ ~ "Jj 50 Q) :;j i! (/) ~ u.D "'" ~ .... ~ .... :>.. o .~ .., U 0 .D C) i ~ ~ :> ~ ~ .. 0 ~ V Cl.l Q) U ~ 4-l ..s::: ~-Bgp I;: C'\.l .... '.0 ~ ~ rn ."..-1 ~ tr; '\ ~ U ...... ~ ~-: to ~~ .p ~ g V C) U 0.. ~ :12 (/) 0 .... ~ rJJ 8 .- ..... C'l ] ~ .: 0 U Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN THE AMOUNT OF $5000 TO PARKS FOR THE COMMUNITY BUILT PLAYGROUNDS PROJECT AND AUTHORIZING THE USE OF A PORTION OF THE PARK ON BALLAlNE AS A NEW COMMUNITY BUILT PLAYGROUND WHEREAS, a grassroots community group, Parents Advocating Recreational Kids' Stuff (PARKS), presented their request to raise funds privately and construct a new, custom-designed playground for all kids ages 0 to 12 on City land.; and WHEREAS, all Seward playgrounds are designed for children ages five to 12, so the need for younger kids' recreation is great; and WHEREAS, PARKS voted to present their top two City site locations to the City Council for Council's authorization for use, and their first choice is the Adams Street Recreation Area, off Ballaine Boulevard; and WHEREAS, the PARKS organization commits to: A. Build a safe playground for all kids ages two to 12 years; B. Raise money to build the playground; C. Professionally coordinate the entire project, including design through construction; D. Supply volunteers to construct the playground; E. Supply "Special Event" insurance or "Volunteer Insurance" through a non-profit, or purchased to add on to the city's existing policy; F. Bring the community of Seward together and create special bonds between people of all walks of life; G. Provide a family-friendly place for locals as well as tourists; H. Send the message to visitors that Seward is a place that values children; I. Provide a "survey" topographic to Leathers, Assoc.; and J. File the applications for requisite Digging and/or Building permits with the City of Seward; and WHEREAS, PARKS is requesting $5,000 "seed money" to contract with Leathers Assoc. for Seward's "Design Day" cost and to purchase fundraising supplies; the City to own and maintain, and assume liability of the park after construction; the City to prepare the site for construction (example: fill for Ballaine site); the City Council to authorize or approve of City employees to assist in loaning of tools and equipment and skilled operators during Build Week; the City to waive fees for digging permit and/or building permits and plan reviews fees; and the City Council to authorize or approve City "donation" of a temporary electric service during 5-days of construction; and WHEREAS, the PARKS group has worked with Seward Parks and Recreation Department to select an appropriate site and develop a plan for success. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 6 Section 1. The site ofthe sand volleyball court at Adams Street Recreation Area offBallaine Boulevard is authorized for a community built playground. Section 2. $5,000.00 is appropriated from Kawabe Park. Section 3. The City will own and maintain, and assume maintenance and liability of the park after construction and acceptance. Section 4. The City will prepare the Ballaine site for construction by removing the sand volleyball court and providing and grading needed fill. Section 5. City employees are authorized to assist in loaning of tools and equipment and skilled operators during Build Week Section 6. The City does hereby waive fees for digging permit and/or building permits and plan reviews fees. Section 7. A "donation" is hereby authorized of the installation, use and removal ofa temporary electric service to the Ballaine site during the approximate five days of construction (for use of electric tools, etc...) Section 8. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of August, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAlN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ., Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN THE AMOUNT OF $5000 TO PARKS FOR THE COMMUNITY BUILT PLAYGROUNDS PROJECT AND AUTHORIZING THE USE OF THE THIRD A VENUE PLAYGROUND AS A NEW COMMUNITY BUILT PLAYGROUND WHEREAS, a grassroots community group, Parents Advocating Recreational Kids' Stuff (PARKS), presented their request to raise funds privately and construct a new, custom-designed playground for all kids ages 0 to 12 on City land.; and WHEREAS, all Seward playgrounds are designed for children ages five to 12, so the need for younger kids' recreation is great; and WHEREAS, PARKS voted to present their top two City site locations to the City Council for Council's authorization for use, and their second choice is the existing Third Avenue Playground; and WHEREAS, the PARKS organization commits to: A. Build a safe playground for all kids ages two to 12 years; B. Raise money to build the playground; C. Professionally coordinate the entire project, including design through construction; D. Supply volunteers to construct the playground; E. Supply "Special Event" insurance or "Volunteer Insurance" through a non-profit, or purchased to add on to the city's existing policy; F. Bring the community of Seward together and create special bonds between people of all walks oflife; G. Provide a farnily-friendlyplace for locals as well as tourists; H. Send the message to visitors that Seward is a place that values children; 1. Provide a "survey" topographic to Leathers, Assoc.; and J. File the applications for requisite Digging and/or Building permits with the City of Seward; and WHEREAS, PARKS is requesting $5,000 "seed money" to contract with Leathers Assoc. for Seward's "Design Day" cost and to purchase fundraising supplies; the City to own and maintain, . and assume liability of the park after construction; the City to prepare the site for construction (example: removal of existing old playground and chain-link fencing); the City Council to authorize or approve of City employees to assist in loaning of tools and equipment and skilled operators during Build Week; the City to waive fees for digging permit and/or building permits and plan reviews fees; and the City Council to authorize or approve City "donation" of a temporary electric service during 5-days of construction; and WHEREAS, the PARKS group has worked with Seward Parks and Recreation Department to select an appropriate site and develop a plan for success. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The site of the Third Avenue Playground is authorized for a community built playground. Section 2. $5,000.00 is appropriated from Kawabe Park. Section 3. The City will own and maintain, and assume maintenance and liability of the park after construction and acceptance. Section 4. The City will prepare the Third A venue site for construction by removing the existing playground equipment, chain link fences and grading fill. Section 5. City employees are authorized to assist in loaning of tools and equipment and skilled operators during Build Week Section 6. The City does hereby waive fees for digging permit and/or building permits and plan reviews fees. Section 7. A "donation" is hereby authorized of the installation, use and removal ofa temporary electric service to the Ballaine site during the approximate five days of construction (for use of electric tools, etc...) Section 8. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of August, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 9 Council Agenda Statement Meeting Date: July 23, 2007 . Cind <jll'?lc'/ Phillip Oates, City Manager ~ Karin Sturdy, Parks & Recreation Director To: From: Agenda Item: PARKS Orgairization Community Built Playground Commitment & Request BACKGROUND & JUSTIFICATION: A grassroots community group, Parents Advocating Recreational Kids' Stuff (pARKS) presented their request to raise funds privately and construct a new, qIstom-designed playground for all kids ages 0 to 12 on City land. Attached please fmd an email and site selection spreadsheet from PARKS coordinators Christine Shepard and Father Emmanuel Williamson. The email outlines the specific, immediate and long-term requests of the City as well as the items the group will provide. The concept for this playground came from a group of parents with young children who discovered the Girdwood community-built playground. The group researched information and discovered that Girdwood community members worked with Leather, Associates who assists in designing custom- built playgrounds to fit the needs of the kids in a: given area. One of the favored features of the Girdwood playground is the special area designated for children under the age of five. Currently, all our Seward playgrounds are designed for children ages five to 12, so the need for younger kids' recreation is great. Site Selection: After weeks of brainstorming and idea brewing, the pARKS organization toured various City parks and recreation possible sites with SPRD (Seward Parks and Recreation Department) staff. They narrowed their scope to nine locations, then to three locations. They voted to present their top two, City site locations to the City Council for your authorization for use. Their first choice is the Adams Street Recreation Area, off Ballaine Boulevard. The sand volleyball court currently resides here. Their second choice is the location of our current Third Avenue playground, behind Stylin' Stitches, just immediately south of the Crab Pot Restaurant. The attached comparison spreadsheet details the pros and cons of various concepts, issues and impacts. After discussion, the Council should be prepared to offer a motion to select one site. Specific Requests: In addition to selecting and authorizing the use of City land for the future playground, the attached email requests the following commitment from the City Council tonight: 1. Land (Ballaine is their first choice, based on site-selection data gathered, as well as ADA parking) . . 2. $5,000 "seed money" to PARKS and allow PARKS to contract with Leathers Assoc. for Seward's "Design Day" cost and to purchase fundraising supplies 3. The City to own and maintain, and assume liability of the park aftci construction. 4. To prepare the site for construction (example: fill for Ballaine site; Remove fencing and existing playground equipment on 3rd Ave playground lot) 10 5. City Council authorize or approve of City employees to assist in loaning of tools and equipment and skilled operators during Build Week (5 days): auger, backhoe, etc... shovels, hammers, specialty tools, etc... 6. Waive fees digging permit and/or building permits and plan reviews fees. (Approximate value not exceeding $2,575.00) 7. City Council authorize or approve City "donation" of temp. electric service installation, use and removal during 5-days of "build week" construction (for use of electric tools, etc...). The timeframe shall be detennined by Leathers and PARKS. In exchange, the PARKS organization commits to: A. Build a safe playground for all kids ages two to 12 years; B. Raise money to build the playground; C. Professionally coordinate the entire project, including design through construction; D. Supply volunteers to construct the playground; E. Supply "Special Event" insurance or "Volunteer Insurance" through a non-profit, or purchased to add on to the city's existing policy; F. Bring the community of Seward together and create special bonds between people of all walks oflife; G. Provide a family-friendly place for locals as well as tourists; H. Send the message to visitors that Seward is a place that values children; I. Provide a "survey" topographic to Leathers, Assoc.; and J. File the applications for requisite Digging and/or Building permits with the City of Seward. INTENT: If accepted, the Council would authorize the use of certain park land for an updated, ADA accessible playground. The City of Seward would assume ownership and maintenance of the finished product. 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: Funding in the amount of$5,000 is available from the Kawabe Park capital project, and will be used to pay this cost. Approved by Finance Department: ~ ..&A~/..~ RECOMMENDATION: "f 1\'1 Approve Resolution 2007- ? f., 1. Authorizing the use of Ballaine or Third Ave Playground as a new community built playground. 2 Appropriating $5,000 to Community Built Playground Project Expenditures, Account Numbers 600-6000-5390. 3. Agree to items #1 through #7. , above. .. 1 c o i "i rJ) ~ rJ) " C :I 2 a>> i;- 0: . . Ol li' e :5 III !l!-e e ii~ fA-e :J Ill. ;::;QJ -e ~ ~- 8 G ~ Ol ~ III '0 III ~.~ ~ " ~ W~ ~ .9 -e 'iij :J " e: IU~ e: ~ 0. e: ~ ~~. 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U ... .... 0 . 0 Q E ;I III -, en :> a. 0..(.) c( :::) ii: rJ) tn~ -.. ~- Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO TAKE SPECIFIC ACTIONS TO REMOVE EXISTING STRUCTURES IN JAPP (JAPANESE) CREEK; ACCOMPLISH REPAIR OF THE DAMAGE TO THE JAPANESE CREEK LEVEE; SEEK TO MANAGE BED LOADING IN JAPANESE CREEK; MINIMIZE THE POTENTIAL FOR FLOOD DAMAGE IN THE FOREST ACRES AFOGNAK SUBDIVISION ADDITION AND OTHER AREAS THAT ARE NOW UNDEVELOPED; AND, DEVELOP A PLAN AND BUDGET FOR BED- LOAD REMOVAL IN JAPANESE CREEK THAT WILL PROVIDE A MODEL FOR FUTURE FLOOD PLAIN MANAGEMENT WHEREAS, Japp Creek (also known as Japanese Creek) has experienced major flooding events in 1986 and 1995; and WHERAS, The Forest Acres Afognak Subdivision Addition is designated as Zone C (no requirement for federal flood insurance) in the 1981 Flood Insurance Rate Map (FIRM) but the designation is under review, and expected to change, as a result of major flooding in the Japanese Creek area in 1986, 1995, and 2006; and WHEREAS, Japanese Creek has been determined a non-navigable waterway by the State of Alaska; and WHEREAS, the proper maintenance of stream bed-loading in Japanese Creek, by the City of Seward, requires the cooperation of a private property owner; and WHEREAS, in response to the flooding events, the City of Seward obtained federal funding from the U.S. Department of Agriculture through. the National Resource Conservation Service (NRCS) in 1999 to build the Japanese Creek levee extension; and WHEREAS, on November 22, 2000 a grantor and private landowner conveyed to the City of Seward a levee easement, containing certain terms and conditions for construction of the Japanese Creek levee extension; and WHEREAS, the easement grantor/private landowner has the right to also use the land provided such use shall not in any way interfere with the purpose for which the easements have been granted or compromise the integrity of the levee; and WHEREAS, the easement grantor/private landowner built a road, bridge and culvert in the Japanese Creek floodway without a permit from the City of Seward; and WHEREAS, during the 2006 major flooding event the levee sustained damage in three sections ofthe levee; and 13 CITY OF SEWARD, ALASKA RESOLUTION 2007-079 WHEREAS, the City of Seward received a letter dated December 8, 2006 from the State of Alaska Department of Commerce Floodplain Management Program Coordinator identifying serious floodplain management concerns about the unregulated development in Japanese Creek that included the access road, culvert and bridge extending across and blocking the floodplain; and WHEREAS, two separate engineering assessments (William J. Nelson & Associates in November 2006 and Shannon & Wilson, Inc. in June 2007) indicated that primary contributing causes for the damage to the Japanese Creek Levee were the road, culvert, and bridge extending across the floodplain; and WHEREAS, William 1. Nelson & Associates found that floodwater being temporarily slowed down upstream ofthe road and bridge was to allow deposition ofa large volume of rock and gravel sediment in the bypass channel, thereby decreasing the capacity of the channel and reducing levee freeboard; and WHEREAS, the City of Seward has been requested by a developer to enter into a subdivision agreement for the Forest Acres Afognak Addition that is adjacent to Japanese Creek; and WHEREAS, SCC 15.25.050.4.(a) directs that all subdivision proposals shall be consistent with the need to minimize flood damage; and WHEREAS, SCC 15.25.050.4.( d). directs that where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain fifty lots or five acres, or greater; and WHEREAS, an accurate Base Flood Elevation (BFE) in an alluvial fan streambed requires annual bed loading removal and maintenance to a consistent level; and WHEREAS, the National Flood Insurance Program rules do not permit development in the floodway that increases flood levels; and WHEREAS, the City of Seward faces the loss of federal disaster assistance funds if federal or state guidelines for floodplain management are not followed (44 CFR, Ch. I, 10-1-90 Edition, FEMA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: 14 CITY OF SEWARD, ALASKA RESOLUTION 2007-079 Section 1. Authorize the City Manager to pursue the following courses of action: 1. Require removal of the road, bridge and culvert in Japanese Creek, as previously agreed to by the developer. 2. Require the developer to repair damaged sections of the Japanese Creek levee in accordance with the original design specifications of the levee. 3. If the developer does not repair the levee, the City of Seward will repair the levee and pursue reimbursement of the repair costs from the developer. 4. Require private property owners of non-navigable streams, as riparian owners, to remove stream bed loading as legally required. 5. Do not enter into a subdivision agreement for the Forest Acres Afognak Addition until the City of Seward and/or the developer, in accordance with SewaniCity Code, establish a Base Flood Elevation (BFE); provisions in the subdivision agreement to minimize the likelihood of flood damage; and, revise the City Code to establish the long-term obligations of the City of Seward, developers and property owners for bed- load maintenance in new development areas that are prone to flooding. Section 2. Direct the City Manager to develop a plan and budget for annual inspection and maintenance ofthe Japanese Creek Levee and bed-load removal in Japanese Creek that will provide a model for future flood plain management in the City of Seward. 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 13th day of August, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk (City Seal) 15 Council Agenda Statement Meeting Date: August 13,2007 From: Phillip Oates, City Manager ~ Agenda Item: AUTHORIZING THE CITY MANAGER TO TAKE SPECIFIC ACTIONS TO REMOVE EXISTING STRUCTURES IN JAPP (JAPANESE) CREEK; ACCOMPLISH REPAIR OF THE DAMAGE TO THE JAPANESE CREEK LEVEE; SEEK TO MANAGE BED LOADING IN JAPANESE CREEK; MINIMIZE THE POTENTIAL FOR FLOOD DAMAGE IN.. THE FOREST ACRES AFOGNAK SUBDIVISIONADDmON AND OTHER AREAS THAT ARE NOW UNDEVELOPED; AND, DEVELOP A PLAN AND BUDGET FOR BED-LOAD REMOVAL IN JAPANESE CREEK THAT WILL PROVIDE A MODEL FOR FUTURE FLOOD PLAIN MANAGEMENT BACKGROUND & JUSTIFICATION: Seward has experienced three major flood events since .1986, which have caused extensive damage to public and private infrastructure. As a result of flooding and upon recommendations from the multi-agency task force charged with developing a plan to mitigate future flood events (including FEMA, Kenai Peninsula Borough, State of Alaska Division of Emergency Services, State DOT, City of Seward, National Resource Conservation Service, Alaska Railroad Corporation, and other interested parties), the City constructed the Japanese Creek levee. In order to ensure the continued safety of the Seward community from risks of future flooding, the City administration is proposing specific measures to mitigate flooding. These measures include recommendations to address the ongoing need to reduce bed loading in local streams, to repair damage caused to the levee, and to enforce floodplain mnnngement requirements aimed at minimizing the potential for future flood damage to life and property. 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 City has received estimates relative to the costs to repair damage to the existing levee, to upgrade the levee, and to remove a portion of the bed loading in the northwest bypass channel only. Funding for these projects may be available from a grant from the State of Alaska. Each of these issues will be brought forward to the Seward City Council for approval and appropriation prior to proceeding with ~Jiga!ion and/or l"ePairs. Approved by Finance: ~~ 16 RECOMMENDATION City Council authorize the City Manager to pursue the following courses of action: 1. Require removal of the road, bridge and culvert in Japanese Creek, as previously agreed to by the developer. 2. Require the developer to repair damaged sections of the Japanese Creek levee in accordance with the original design specifications of the levee. 3. If the developer does not repair the levee, the City of Seward will repair the levee and pursue reimbursement of the repair costs from the developer. 4. Require private property owners of non-navigable streams, as riparian owners, to remove stream bed loading as legally required. 5. Do not enter into a subdivision agreement for the Forest Acres Mognak Addition until the City of Seward and/or the developer, in accordance with Seward City Code, establish a Base Flood Elevation (BFE); provisions in the subdivision agreement to minimize the likelihood offlood damage; and, revise the City Code to establish the long-term obligations of the City of Seward, developers and property owners for bed-load maintenance in new development areas that are prone to flooding. Direct the City Manager to develop a plan and budget for annual inspection and maintenance of the Japanese Creek Levee and bed-load removal in Japanese Creek that will provide a model for future flood plain management in the City of Seward. 17 Fact Sheet SUBJECT: Japanese Creek Levee & Forest Acres Afognak Addition Subdivision Agreement PURPOSE: To provide the City Council facts regarding the Japanese Creek Levee and the October 2006 flooding and their impact on the Forest Acres Afognak Addition Subdivision Agreement. FACTS BEARING ON THE ISSUE: I. The National Flood Insurance Program (NFIP) Guidebook states "Traditional solution to flood problems has been to construct protection works such as dams, diversions, levees and floodwalls. Despite tremendous expenditures for structural projects, flood losses have continued to increase year after year. Structures also build a false sense of security and can result in greater damage' and higher casualty rates if they fail." 2. The FEMA guidebook on Reducing Losses in High Risk Flood Areas states: "Levees are the most common type of flood control works. They do not reduce flood losses. Overtime, a levee's history - and the limitations on its protective capability - are easily forgotten. Levee overtopping or failure is involved in approximately one-third of all flood disasters." . 3. The NFIP Guidebook states "Government now sees the solution to avoiding flood damages lies in not keeping the water away from people but to keep people away from the water." 4. Participation in NFIP requires the community to adopt and enforce floodplain ordinances that regulate development in the community's floodplains. . 5. Two fundamental objectives of NFIP are to enSure new buildings will be free from flood dllmllge and to prevent new developments from increasing flood damages on existing properties. 6. Four goals of NFIP are to provide flood insurance coverage not generally available; stimulate local floodplain management to guide future development;. emphasis less costly flood control regulatory measures over structural measures; and reduce' federal disaster costs by shifting the burden from taxpayers to floodplain occupants. 7. Federal flood insurance is only available to those communities that participate and are in good standing with NFIP. Flood insurance is required for federally backed loans to purchase or build structures located in any special flood hazard area (floodplain). 8. The Forest Acres Afognak Addition Subdivision property is currently Zoned C (no flood hazard) on the FIRM, but is being revised based on the 1986 and 1995 flood events. 9. The City, under Ordinance 98-11, amended Seward City Code Title 15 Planning and Zoning, by adding Chapter 15.25 Floodplain Management. Section 15.25.050.A.4. that states: "When base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain fifty lots or five acres, or greater." 19 10. NFIP and City Code require buildings in a floodplain to have the lowest floor elevated (including basement) elevated at least to or above the Base Flood Elevation. 11. NFIP & City Code both require development permits, Which includeS mining; dredging, filling, grading, excavating, roads, bridges, culverts and altering or relocating stream channels within a regulatory floodplain. 12. If base flood elevation is not available from Flood Insurance Rate Map (FIRM) or Flood Insurance Study then the best available data from Federal, state or local source should be used. 13. Japanese Creek levee extension was built in response to 1986 and 1995 flooding events. The extension was built on the creek's alluvial fan and bed loading will consistently.change the creek's hydraulics unless evaluated annually and removed as required. Levee has constricted the alluvial fan by approximately 90%, thus normal process of stream migration can't occur making bed load removal critical and continuous. 14. The FEMA guidebook entitled Reducinl! Losses in Hilili Risk Flood Areas states: "Flooding on alluvial fans causes greater damage than clear water flooding for several. reasons: a. Floodwaters move at higher velocities due to steep slopes and lack of vegetation. . b. Floodwaters contain large amounts of sediment and debris including boulders and trees. c. Floodwaters are not confmed to a single channel." It further states: "Often alluvial fans are mapped and regulated as shallow flooding areas...under.estimate actual risk on fans because they are based on depth of flooding alone. ..do not reflect potential damage." 15. The FEMA guidebook on Reducing Losses in HilZh Risk Flood Areas states: "Fans may be kept in an undeveloped condition through public purchase rather than regulation. Fans can be used as parks, recreation areas or open space where public access is desirable. Such an approach is expensive but avoids constitutional problems and allows active public use of the fan." 16. The City was considering purchasing the Forest Acres Mognak Addition Subdivision property for constructing a Long Term Care Facility (LTCF). 17. The Alaska Department of Commerce Floodplain Management Program Coordinator identified serious concerns. with the lack of enforcement and compliance with the City's Title 15.25 Floodplain Management Ordinance during a September 2006 visit. The serious concerns were the unregulated development in the floodplain behind the Japanese Creek levee, specifically, the access road, culvert and. bridge extending across and blocking the floodplain, gravel piles . encroached in the floodplain, and evidence of heavy equipment work within the floodplain corridor. 18. During the October 2006 flooding event, the Japanese Creek levee extension kept water from areas previously flooded during the 1986 and 1995 floods, but sustained damage in three sections. 19. In a letter dated December 8, 2006, the Alaska Department of Commerce Floodplain Management. Program Coordinator stated that the unregulated J9 development in the floodplain appears to have added to the damage to the Japanese Creek levee and regarding the LTCF that the City "Avoid future development in the areas below the levee that have been illustrated as having flooded in 1986 and 1995, until such time as: a The levee bas been certified as providing 1 % flood protection + 3 feet freeboard height above the Base Elevation (1 % flood), or b. The critical facility site can be determined to be adequately filled and armored to the Base Flood Elevation = 2 feet or the Design Flood Elevation (whichever is higher). 20. The Corps of Engineers and Natural Resources Conservation Service have both declined to certify the levee. FEMA regulations address a procedure for recognizing a levee which requires all the documentation including a maintenance plan be evaluated by an independent engineering firm. 21. After the October 2006 flood event, Wm. J. Nelson & Associates, Japanese Creek levee extension designer, was contracted to perform a damage study that recommended: repairs to the levee include reconstruction to match the original design cross section in three locations and to remove 70,000 cubic yards of material from the bypass channel (estimated cost - $360,000) (private property with sole ownership). Also as an option to [reinforce rip rap in the lower portions of the levee (estimated cost - $806,000)]. 22. Mr. Nelson further stated: "The levee was designed with ':freeboard' that provides additional flow capacity in excess of the capacity calculated for the 100 year design flood event Provision of freeboard allows sediment to accumulate during a flood without causing the flood water level to breach the level, however, the potential exists for sediment to accumulate to the extent that the capacity of the levee would be reduced and the levee's ability to resist floods would be exceeded." In order to prevent this eventuality, it is necessary to maintain the flow capacity of the levee by periodically removing the accumulated sediment" 23. Shannon & Wilson, Inc. was contracted on 19 Jan 07 with three tasks one of which was to provide an opinion regarding contributing factors to the observed levee damage. The Shannon & Wilson assessment was received on 29 June and their conclusions were a That the ".. . access road and bridge impounded water upstream.. . drainage path beneath the bridge was clogged... water was able to flow over the bridge access road...erode a new channel that generally flows...against the levee...because ofimpoundment....flowed at significantly higher rates...combination of high flow rates in the rerouted sections of the channel are responsible for the levee damage observed in October 2006." b. That... "the shape (alignment) of the levee may also have made the levee more prone to erosion... two areas of damage downstream...are on the upstream side convex curve apexes in the levee alignment. " 24. The majority of the main channel, bypass channel and the levee itself are on privately owned property (Mognak), with the levee built through an easement. 20 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-080 A RESOLUTION OF THE CITY COUNCIL OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT BETWEEN THE STATE OF ALASKA AND THE CITY OF SEWARD FOR THE PURPOSE OF RESTORING OR REPLACING THE HISTORIC FOUNTAIN IN HOBEN PARK, AND APPROPRIATING MATCHING FUNDS WHEREAS, the State of Alaska, Historic Preservation Office has provided the City of Seward with a Historic Preservation Fund Grant for the purpose of restoring or replacing the historic Hoben Park fountain; and WHEREAS, the total project cost is anticipated at $47,300.00 with a Federal share of $28,380.00 and a local match of $18,920.00, of which, the City's match for this project will be provided by funds already dedicated to the Hoben Park Capital Project Fund for the reconstruction; and WHEREAS, Hoben Park is currently on the National Register of Historic Places and the local Seward Register of Historic Places; and WHEREAS, the community will benefit from the historic Hoben Park restoration project; and WHEREAS, the City of Seward is currently in the process of restoring the historic Hoben Park, in accordance with the historic restoration plan approved by Council Resolution 2003-85; and WHEREAS, on September 27, 2006 the Seward Historic Preservation Commission approved Resolution 2006-06 recommending the City apply for the Historic Preservation Fund grant to assist with the historic reconstruction of Hoben Park. NOW, THEREFORE, BE IT RESOLVED BY THE SEWARD CITY COUNCIL CITY OF SEWARD, ALASKA, that: Seward City Council Resolution 2007-080 Page 2 of2 Section 1. The City Manager is hereby authorized to execute the Historic Preservation Fund grant agreement, as presented at this meeting, from the State of Alaska Historic Preservation Office of the Department of Natural Resources in order to restore or replace the historic Hoben Park fountain. Section 2. The City Manager is hereby authorized to accept a grant from the Historic Preservation grant in the amount of $28,380 to grant account no. 81-8100-4680- 0200, and to provide matching funds in the amount of $18,980.00 from the Hoben Park Capital Project Fund, and appropriate the entire amount of $47,300 to the Hoben Park Capital Project Fund account no. 810-8100-5390. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of August, 2007. . THE CITY OF SEWARD, ALASKA Vanta Shafer Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ..,"-j ;0..4.- Council Agenda Statement Meeting Date: August 13,2007 ~ O~S"1s< ~~'f> !:~~.. '" ~ " "~""'--l b;~~;~ 'l{4S"'~ Through: Phillip Oates, City Manager ~ Donna Glenz, Planning Assistant From: Agenda Item: Authorizing the City Manager to execute a grant agreement between the State of Alaska and the City of Seward for the purpose of restoring or replacing the historic fountain in Hoben Park, and appropriating funds BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources Office of Historic Preservation has awarded a grant to the City of Seward to restore or replace the historic Hoben Park Fountain. The commumty will benefit from the historic Hoben Park restoration project. The Hoben Park restoration project dates back to 1995 when the Ad Hoc Committee was formed and discussions were held regarding naming the park. The most recent restoration projects, in the effort to bring the park back to its historic significance of 1922-1940, were the installation of historic lamp posts and continuing efforts to refurbish and install historic wrought iron fencing along Hoben Park's North and West boundaries. Hoben Park is currently on the National Register of Historic Places and the Seward Register of Historic Places. This project will continue to raise awareness of Seward's history and the ongoing need to preserve it. These activities are beneficial in maintaining community spirit and to the visitor industry. The total project cost is anticipated at $47,300.00 with a Federal share of $28,380.00 and a local match of $18,920.00, of which, the City's match for this project will be provided by funds already dedicated to the Hoben Park Capital Project Fund for the reconstruction 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 project cost is estimated at Forty-seven Thousand Three Hundred Dollars ($47,300.00) with a federal share of Twenty-eight Thousand Three Hundred and Eighty Dollars ($28,380.00) and a local match of Eighteen Thousand Nine Hundred and Twenty. Dollars ($18,920.00). The City match for this project will be by funds which have already been dedicated to the Hoben Park Capital Project Fund reconstruction of Hoben Park. 23 Finance Approval ~ JU.l"~;'" RECOMMENDATION: ~O Council approve Reso]ution 2007-_ authorizing the City Manager to execute a grant agreement between the State of Alaska and the City of Seward, accept grant funds in the amount of $28,380.00 to grant revenue account no. 8]0-8100-4680-0200, appropriate $18,920.00 from the Hoben Park Restoration fund balance account no. 810-0000-3050 to the project no. 810- 8]00-5390, and authorizing expenditures totaling $47,300.00 in order to restore or replace the Historic Fountain in Hoben Park. ~41 Sponsored by: Staff CITY OF SEWARD, ALASKA mSTORIC PRESERVATION COMMISSION RESOLUTION 2006-06 A RESOLUTION OF THE SEWARD mSTORIC PRESERVATION COMMISSION, PROPOSING THE REPLACEMENT OF TIlE PARK FOUNTAIN IN SUPPORT OF THE HOBEN PARK RESTORATION MISSION AS THE GRANT PROJECT FOR TIlE FY-07 5010 STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, mSTORIC PRESERVATION FUND GRANT WHEREAS, each year the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a Historic Preservation Fund Grant to Certified Local Governments; and WHEREAS, the City of Seward, Historic Preservation Commission has applied for and has been awarded several of the annual Historic Preservation Fund Grants; and WHEREAS, the Hoben Park restoration project dates back to 1995 when the Ad-hoc committee was formed and discussions were held regarding the naming of the park; and WHEREAS, Hoben Park is on the Seward Register of Historical Places and the National Register of Historic Places; and WHEREAS, the community will benefit from the historic Hoben Park restoration project; and WHEREAS, the Seward Historic Preservation Commission held a work session for the discussion and selection of a FY -07 grant project on September 22, 2006; and WHEREAS, the Hoben Park fountain replacement under the restoration mission was supported as the FY07 CLG grant project of choice. NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission of the City of Seward, Alaska that: 25 Seward Historic Preservation Commission Resolution 2006-06 Page 2 of2 Section 1. The Seward Historic Preservation Commission hereby selects the Hoben Park fountain replacement as the project specified for the FY -2007 Historic Preservation Fund grant through the State of Alaska, Department of Natural Resources. Section 2. The Seward Historical Preservation Commission will collaborate with City Staff in the preparation of the grant documents and provide historical oversight during the project. Section 3. The Seward Historical Preservation Commission urges the Seward City Council to adopt its own resolution in support and in acceptance of the 2007 5010 Certified Local Government - CLG grant if I when issued, using matching funds available from an appropriation by resolution to Hoben's Park dated: July 1, 1998: Res. 98-069 (FY 99 General Fund Capital Budget). Section 4. This resolution shall take effect immediately upon its adoption. P ASS~D AND APPROVED by the City of Seward, Alaska this 27th day of September, 2006. THE CITY OF SEWARD Historical Presen'ation Commission AYES: NOES: ABSENT: ABSTAIN: Carpenter, Hershock, Huber, Luther, Swann None Kovac None ATTEST: ,\\,UIII1'1 ,..", OF SEt?"" .... :-\00{ ......... ~....." $ U:....o?J'o~..~() ~ .. . ,'.u (<:: . ;:, ~ :~ ___ 0-. .. (CitfSaaJ) SEAL \ : =: ~ Ie: as \ . - - ~ -+- ::: ~ -.WoO ~... ~ " <SlX"y.1'~ 1 ,\~~.., ~.; .... '1x: .....10.. t;;)~ ~ "#4,~ 1::" OF p..\.~\...".... "'ltiln'i\\' ':eft ! ) ~/ ~-/;{!.(2/t', " )(AA~ Jean hWlS ' City tIerk ' :>In. HISTORIC PRESERVATION FUND STATE~OCALGRANTAGREEMENT Project #07482 is grant agreement is between the State of Alaska, by and through the State Historic reservation Officer for purposes ofthe Nationa] Historic Preservation Act of ] 966, as amended, P.L. 96-5]5) HEREAFTER, THE STATE, AND, HEREAFTER, THE GRANTEE, Address Street or P.O. Box], City, State, Zip Code) Article]. Grant Project Title: Hoben Park Fountain Restoration ic]e 2. Appendices: Appendices referred to in this agreement and attached to it are considered part of it. Performance of Services 3.1 Appendix A sets forth the services to be performed by the Grantee. 3.2 Appendix B sets forth the project budget. 3.3 Appendix C sets forth the project progress and final reports which must be supplied to the State, and special conditions of the grant. 3.4 Appendix D sets forth the financial reports that must be supplied to the State, the payment schedule for the disbursement offunds to the Grantee, and audit requirements. 3.5 Appendix E sets forth required amendment procedures. 3.6 Appendix F - Assurances Non-Construction Programs or Assurances Construction Programs (as applicable); DI-201 0 Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying; Statement of Willingness to Comply; and any other applicable Federal or State statutes, and the requirements of the National Park Service govern the performance of services under this grant. 3.7 Appendix G - project proposal as submitted by the Grantee is made a part of this agreement by this reference. icle 4. Period of Performance: The period of performance of the grant agreement begins and ends 9/30/08 . There 04/07 can be no extensions of time. Consideration 5.1 The estimated total cost of the project is $ 47.300.00 The Federa] share of the project is $ 28,38000 The estimated non-federal share of the project is $ 1 R, Q.,o 00 5.2 In full consideration of the Grantee's performance under this grant agree- ment, the State shall apply to the National Park Service for sixty percent (60%) of the estimated total cost of the project or sixty percent (60%) of the actual total cost of the project, whichever is less, in accordance with Appen- dix B and Appendix D of this agreement. 5.3 An administrative surcharge in the amount of 10 % of the total direct costs shall be assessed and retained by the State. 5.4 Twenty percent (20%) of the total payment to Grantee will be withheld until final products and completion reports have been sl)bmitted and approved. HFP State/Local Agreement -'- ?7 Page 1 5.5 When billing the State, the Grantee shall refer to the State Grant Number and send the billing to mailing address: Department of Natural Resources Division of Parks and Outdoor Recreation Office of History and Archaeology . 550 West 7th Avenue, Suite 1310 Anchorage, AK 99501-3561 SIGNATURE BLOCKS FOR DNR USE ONLY GRANTEE . GRANT TRACKING DATA Name of Entity AWD LOC Signature UWA GRT Typed or Printed Name and Title Authority ADMlNISTERING AGENCY Source RD Department of Natural Resources Encumbrance No. Division of Parks and Outdoor Recreation Financial Coding Office of Historv and Archaeolol!V Vendor No. Signature Project Name Typed or Printed Name and Title Purpose of Grant Judith E. Bittner, State Historic Preservation Officer NOTARY STATEMENT This certifies that on the day of , 2007, before me a Notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared ' to me known and known to me to be the person described in and who executed and acknowledged the foregoing instrument on behalf of the . The said ' after being duly sworn according to law, stated to me under oath that he is the for the and that he executed and acknowledged the same freely and voluntarily as the free and voluntary act and deed of the WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of Alaska Commission expires: n4/07 HFP StateILocaI Agreement 2B Page 2 APPENDIX A - SCOPE OF WORK Grant Project Name: Hoben Park Fountain Restoration Grant Project Number 07482 Grant Period: October 1. 2006 to September 30. 2008 Federal share: $28.380. Recipient agrees to restore the historic fountain in Hoben. All work will comply with Thf! Secretary of the Interior's Standards for the Treatment of Historic Properties. 1995 (htto://www.cr.nos.gov/hos/tos/standguide/index.htm ). Monk .'.flFil 2007 Q,,~ .. S~pt Submit to the Office of History and Archaeology (OHA) a protective covenant updated to be in effect for 10 years. This must be done before disbursement of any Historic Preservation Junds. ~ Oct, Jan, April, July. Submit to OHA a quarterly progress report for the previous three (3) months, describing project activities and referencing this Scope of Work. April2y( :2008 Complete Section 106 review process. The submission must identify the type of treatment and treatment standards to be met and include a draft design for fountain's repair/replacement. This must be done before any construction work begins. May~ eP.oog . . Prepare request for proposals, advertise, and selectcontractor(s) for the project. The RFP must indicate the contractor(s) will use The Secretary of the Interior's Standards for the Treatment of Historic Properties, 1995 (htto://www.cr.nps.govlhos/tos/standguide/index.htm) in planning and doing the work. Additional grant funds cannot be spent on the project until OHA has determined qualified contractors will do the project work. June~ ~oo 6 Document conditions before starting work with photographs; send copies of proof sheets or photographs to OHA with a photo log providing a description, the direction each photograph was taken from, date, photographer, and location of the negative or digital file. June-September).9tl1.1DOS Restore or replace, as appropriate, the historic fountain in Hoben Park. September~ ;200! Arrange and make a site visit and inspection to the park for the Seward Historic Preservation Commission. September30~ ).oog Submit final products to OR-\.: 1) 3 copies of a narrative project report that describes activities Ii (who, what, where, when, why) done with the grant funds. a1J- cl..o.J:i, ~ ~ The report must detail how the work met The Secretary of the .1Ei. ~lti~~r'l Interior's Standardsfor the Treatment ofHis~ori~ Properties, P,wA U/ . ~A) 1995 (htto://www.cr.nos.govlhos/tos/standgUldelmdex..htm). .,.. c..+" cu- The report must include the date of the Seward Historic 71 (pI' 1 Preservation Commission site visit, and representative photographs taken during the grant period with a photograph HFP StatelLocal Agreement J '", 2 9 Page 3 04/07 log providing a description for each photo, direction of the camera, date, photographer, and location of the negative or digital file. If digital, submit a CD of each photo. 2) minutes of the Seward Historic Preservation Commission meeting(s) showing its awareness and participation in the project. 3) final billing. 04/07 HFP State/Local Agreement ~ Page 4 APPENDIX B - BUDGET Grant Project Name: Hoben Park Restoration Grant Project Number: 07482 COST CATEGORIES: Personal Services* Travel/Per Diem Materials/Supplies Contractual Other Direct Costs X 10% State admin surcharge Total Project Costs 40% Grantee Match 60% Federal share less surcharge Maximum Grantee Payment 43000.00 43,000.00 4,300.00 47,300.00 18,920.00 28,380.00 (4,300.00) 24080.00 * Services shall be valued at the employee's regular mte of pay provided these services are for the same skill for which the employee is normally paid. If the services are not for the same skill for which the employee is normally paid the person must be professionally skilled in the work being performed. When this is the case, the wage rate used will be consistent with those paid for similar work in the labor market in which the grantee competes. If a volunteer performs services outside his profession or trade, volunteer time must be valued at the Federal minimum wage rate unless a higher rate can be documented as applicable and is approved by the SHPO. In no case may an employee or consultant services be charged at a rate of more than $80.37 per hour to the grant. If employee or consultant services exceed this rate, only the amount up to and including $80.37 may be charged to the HPF grant or used as matching expenses. 04/07 HFP StateILocal Agreement - J ,~l Page 5 '11 APPENDIX C - SPECIAL CONDITIONS Grant Project Name: Hoben Park Restoration Grant Project Number: 07482 1. Quarterly progress reports detailing project activity to date will be due on or before October 31, 2007, January 31, 2008, April 30,2008, and July 31, 2008 or until a final narrative project report, financial reports, and final products as identified in Appendix A - Scope of Work are submitted to and accepted by the State Historic Preservation Officer. The final narrative report is distinct from the final products. It details the methodology. activities and timeline over the life of the grant - See Appendix D. 2. A1I project products must comply with the Secretary of the Interior's "Standards and Guidelines for History and Archaeology". The final products must detail how the work complied. 3. A1I publications using information gathered under this grant must acknowledge support by the National Park Service and the Alaska Division of Parks and Outdoor Recreation, Office of History and Archaeology in the following manner: The research for this publication has been financed in part with Federal funds from the National Park Service, Department of the Interior, and through the assistance of the Office of History and Archaeology, Department of Natural Resources. However, the contents and opinions expressed do not necessarily reflect the views or policies of the Department of the Interior or the Department of Natural Resources, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Department of Natural Resources. 4. Appendix D - Reporting Requirements, Payment Schedule and Audit Requirements, Appendix E - Amendment Procedures, Appendix F - Assurances and Certifications, and Appendix G - Project Proposal as submitted by Grantee are made a part of this Agreement by reference. 5. In addition to the terms detailed in this Subgrant Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-87 or A-122, A-102 or A-I 10, and A-128) are applicable. 6. This Sub grant Agreement provides for the voluntary and involuntary suspension or termination of said Agreement consistent with a1l Federal requirements governing grants. 04/07 HFP StateILocal Agreement Page 6 32 APPENDIX D - FINANCIAL REPORTING REQUIREMENTS, PAYMENT SCHEDULE AND AUDIT REQUIREMENT Grant Project Name: Hoben Park Restoration Grant Project Number: 074R? Section I: FINANCIAL REPORTING REQUIREMENTS Financial progress shall be monitored by the State. Project billings may be submitted as often as quarterly. Each billing request must be accompanied by a narrative progress report for the corresponding period. A careful financial accounting of the grant project will be maintained by the Grantee, copies of which must be submitted to the State Historic Preservation Officer to document reimbursement requests. Failure by the Grantee to provide adequate financial reports or required documentation will provide cause for withholding reimbursement. Appendix B of this agreement lists eligible work items for the project. Use this itemization as a basis for reporting. The following items must be included with all requests for reimbursement: A. A signed. completed Summarv of Documentation with attached source documentation for federal and non-federal costs must be submitted to request cost reimbursement and to document matching share. Source documentation consists of paid bills, payrolls, invoices with canceled check copies, receipts of payment by vendor/contractor, donated service documentation forms signed by person donating and a supervisor, equipment use forms, etc. B. Where required,justification for charges should accompany the invoices. For example, payment of salaries should be supported by time sheets and justification of rate of pay. Rental equipment must be supported by time or use statements with appraisal letter. Where work has been done under contract, include a copy of the contract with statement for choice of contractor and fee for consultant service. Section II: PAYMENT SCHEDULE Payment requests will be generated by the State Historic Preservation Office on a quarterly basis. So that federal billing deadlines may be met, reimbursement requests from the grantee must reach this office by July 31, October 31, January 31, and April 30. Reimbursement will be forwarded to the grantee approximately thirty (30) days following the quarterly deadline dates. Ouarterly payments will not be made if acceptable narrative progress reports are not received for the corresponding period. (See Appendix D, Section I). Payments are made on a cost reimbursement basis. Twenty percent (20) of the total payment to Grantee will be withheld as a retainer until completion of the project and acceptance of the final project documentation by the State Historic Preservation Officer. Final reimbursement will be made upon receipt of acceptable final products, acceptable performance and completion reports, financial reports, expenditure documentation, plus any special conditions of the grant. The Office of History and Archaeology must be notified at least three (3) months prior to the project completion date should the grantee anticipate any unexpended funds. 04/07 HFP StatelLocal Agreement 33 Page 7 Section III: FINAL NARRATIVE PROJECT REPORT The final narrative project report is required as part of the grant closure documents. Use the following format: I) Project title/name 2) Grant number 3) National Register property name/address (if applicable) 4) Detail the work (by whom, when, what) accomplished with the grant. All items in APPENDIX A - Scope of Work must be discussed. 5) Describe how project work complied with the Secretary of the Interior's "Standards and Guidelines for History and Archaeology". 6) Describe how the local historic preservation commission was kept advised of the project. 7) Describe differences between planned and actual major work items and explain. 8) Provide dates, list of participants and minutes of all public meetings. 9) Provide any other data required by special conditions or instructions applicable to this grant. Section IV: AUDIT REQUlREMENTS Grantee must make all records relevant to this grant available for audit for a period of three (3) years after the term of the project. In addition, governmental entities are required to comply with the State of Alaska, Single Audit Regulations 2 Me 45.010 and the Federal Single Audit Act of 1984 P.L. 98-502. 04/07 HFP StatelLocal Agreement Page 8 34 APPENDIX E - AMENDMENT PROCEDURES Grant Project Name: Hoben Park Restoration Grant Project Number: 07482 Any modification of the project work, budget or time period, problems or adverse conditions must immediately be brought to the attention of the State Historic Preservation Officer, in writing. It may be necessary to receive prior National Park Service approval before the changes may take place. The Office of History and Archaeology will notify the grant recipient in writing when the approval has been obtained in the form of an amendment to the grant award. Failure to obtain such approval prior to implementation of changes will jeopardize reimbursement. 04/07 HFP StatelLocal Agreement 35 Page 9 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $2980.00 FROM RASMUSON FOUNDATION FOR FURNITURE REPLACEMENT IN THE TEEN AND ADULT READING AREAS OF THE SEWARD COMMUNITY LIBRARY, AND APPROPRIATING FUNDS WHEREAS, the Seward Community Library was awarded a Tier I Grant from Rasmuson Foundation in the amount $2980.00; and WHEREAS, $750.00 from the Alaska Railroad through the Seward Community Library Association and $600.00 from the library operating budget are earmarked for the project; and WHEREAS, the funds will be used to replace and refurbish old and soiled furniture in the reading areas of the library; and WHEREAS, the four couches will be replaced with new couches made by the Alaska Correctional Industries furniture division located in Seward; and WHEREAS, combined funds will also enable purchase of an ADA table for the teen section and recover three chairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to accept the Tier I Rasmuson Foundation Grant #3807 in the amount of$2980.00 and enter into a grant agreement. Section 2. Funding in the amount of $2980.00 is hereby accepted to grant revenues account 101-0-4680-0200, and appropriated to the 2007 budget, account number 101- 1500-5640. Section 3. This resolution to take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of August, 2007. , '- 36 Council Agenda Statement From: Patricia Linville, Library Director Through: August 13,2007 Phillip Oates, City Manager ~ Meeting Date: Agenda Item: Accept Rasmuson Tier I Grant #3807 of $2980 for furniture replacement in the teen and adult areas of Seward Community Library BACKGROUND & JUSTIFICATION: The four couches housed in the Seward Community Library are providing a valuable service to our patrons. Two couches in the front reading area and fifties era sofas in the teen/children area are in dire need of attention. They have supported readers, nappers, visitors, children and adults of various sizes and shapes during their long tenure in the library. Rasmuson has donated $2980.00 to assist in replacing the above mentioned furniture with new, industrially built pieces. $750.00 from the Alaska Railroad, through the Seward Community Library Association, and $600.00 from the library opemting budget will be used to complete the project. Terms of the gmnt and grant budget are attached. INTENT: The intent is to replace the four couches with new couches made by the Alaska Correctional Industries furniture division located in Seward. In addition, we will order an ADA table for the teen section and recover three chairs. This work can all be done by ACI. 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. Other: FISCAL NOTE: In addition to the $2980.00 from Rasmuson, $750.00 from the Alaska Railroad through the Seward Community Library Association and $600.00 from the library opemting budget are earmarked for this project. Rasmuson Funds will be appropriated to the library equipment budget. Approved by the Finance Department: Jtt~~ALI~ 37 RECOMMENDATION: City Council approve Resolution 2007- ~I , accepting a Tier I Grant from Rasmuson Foundation in the amount of $2980.00, and appropriating funds. 38 - b G> '~ ~ - c: G> e Gl b ..!! Q. GlQi l1::Cl e-g aID ,- ti EGl ~'~ L1.e ~Q. " e CD .Q .!:::! 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N.....CO fit T""T"" ~ g ~.- ,- E ""E c: c: CD CD 0 a.Q.O 7.07.OE CD CD CD ~ ~= CDQ)~ O:::O:::~ C:C:" o 0 j IIlIllID j j .,., E E ~ III (/) .... lIIlII.a 0:::0::::::i 00 00 cici CON N..... T"" T"" o o ci It) ..... 000 000 cioo CONO N.....CO T"" T"" T"" NN('I') o C! o It) ..... 000 000 cicici ('I') COO COCDN i3 4: Q) :0 III - " c: j o 0::: ~ 'm lIIl'U~ __0 00.... (/) III CD > 1ii~8 E .... Q) cnjo::: o o o C") C") ~ ~ :g c .. .., ii a: o o ci 00 m N ~ -I ::!: e 'lQ Narrative Seward Community Library Tier I Grant Request Library Furniture Replacement Project Submitted by: Patricia Linville, Library Director Brief history of the organization Since 1930, the Seward Community Library Association has worked to provide library services to Seward. In 1963, the group gained ownership of the current building though local fundraising and the generosity of Viola Swetmann. After the 1964 earthquake, the building was remodeled and a new wing was added. Since then, the former butcher shop has drawn Seward's citizens in to get the latest reading materials and be introduced to the newest technology while visiting with friends and neighbors. Services provided Library services include public access computers, wireless, notary public, test proctors, faxing and copying. The library hosts story hour weeldy, summer reading and adult programming throughout the year. Seward Community Library has also collaborated with the Alaska State Ubrary Digital Archive, scanning and cataloging the library's historic photos for web access. The library also provides library service for Moose Pass and Cooper Landing as well as the Spring Creek CorrecNona/Cente~ Geographical area served/Number of beneficiaries Seward Community Library currently has 31.314 volumes tor 4,855 cardholders. During summer months at least half of the library users are from elsewhere using the services while touring or worldng in Seward. 2.830 (2000 census) people live in Seward. The library is a department of the City of Seward with 3 full time and 2 part time employees. It is open Monday-Friday 10-9 and Saturday 10-7. Description and Identify a need for the project The four couches housed in Seward Community Library are providing a valuable service to our patrons. Two couches are in the front reading area. Daily around 1:30 pm Tony comes in to read the Wall Street Journal and plot investment strategies while seated in his favorite spot near the window. Kelly, a former commercial fisherman who valiantly tries to stay away from the bars, reads the latest National FisheTTTlan from cover to cover at least twice a week. Bob, who spends time waiting for his wife to finish work:, reads the newspaper and visits with anyone who happens to be seated next to him. His conversation is usually with one of the parents who take a seat to go through the latest magazines while waiting for their kids in after school programs. Closer to the children's room there are two couches that provide another type of living area for our patrons. The two fifties era sofas seat wireless users, nursing mothers during story hours and Seward Community Library Box 2389 Seward, AK 99664 Phone 907-224-4008 Fax 907-224-3521 ptinville@citvofseward.net 40 2 teens, visiting, reading and even napping after school. Each evening, the couches support a variety of users and uses from official meetings to chance encounters; music lovers and mystery buffs alike. These four couches have supported a lot of the community throughout their tenure at the library and they are ready for a rest. Current Status As you can well imagine, the couches are showing signs of their constant service. The story hour couches were present for the 1964 Earthquake and the reading area couches were there for the 1989 Oil Spill. Though the janitor has cleaned them at least twice a year, the toughest stains refuse to budge. And when someone sits on the story hour couch they need to call for assistance to stand up again. This Tier I request is for assistance in replacing this fumiture with new, industrially built furniture that will continue to support our library users in the manner to which they are accustom. The library wishes to replace the four couches with new couches made by the Alaska Correctional Industries furniture division located in Seward. In addition we will order an ADA table for the teen section and recover three chairs. This work can all be done by ACI. Once this project is complete the library will seek funding through the Seward Community Ubrory Association to recover the two reading area couches. These couches will then be placed in the downstairs conference room. Timellne for Implementation March 2007 Apply for project funding May 2007 Order couches, table and chair recovers from ACI October 2007 Install new fumiture November 2007 Seek funding to clean/recover old furniture for downstairs conference room Seward Community Library Box 2389 Seward, AK 99664 Phone 907-224-4008 Fax 907-224-3521 pli nville@citvofseward.net "1 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH WESCO FOR 3 REELS 4/0 PRIMARY CABLE, FOR A TOTAL AMOUNT NOT - TO- EXCEED $25,162.50 WHEREAS, the Electric Department needs three (3) reels of 4/0 primary cable to serve the South Harbor Expansion and various other projects; and WHEREAS, the cost of the cable will be paid for by the customers requesting the work; and WHEREAS, the Electric Department requested quotes from our regular suppliers and received 2 quotes meeting the specifications; and WHEREAS, the Electric Department recommends purchasing the cable through Wesco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into an agreement with Wesco to purchase three (3) reels of 4/0 primary cable for a price not-to-exceed $25,162.50 from Account 501-5300-5440. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of August 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor 42 Council Agenda Statement From: August 13, 2007 Phillip Oates, City Manager ~ Tim Barnum, Manager Electric Utility Meeting Date: To: Agenda Item: Wire Purchase BACKGROUND & JUSTIFICATION: The Electric Utility needs to order three (3) reels of 4/0 primary cable for construction of the South Harbor Expansion and various other projects. The wire will be used on individual jobs and will be paid for by the customers requesting the work. The Electric Department published a request for quotes on this wire, including freight, to be delivered to Seward. The City of Seward received 2 quotes. pote1com Supply Wesco $3.30 per foot $3.05 per foot 1 week delivery 2 - 3 weeks delivery Wesco provided the low quote. A copy of the Request for Quotes and the responses are attached. 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. Other: FISCAL NOTE: Charge the cost to purchase three (3) reels of 4/0 primary cable from Wesco in the amount of $22,875.00 + 10% contingency due to fluctuations in reel lengths to "Electric Fund", Account 501- 5300-5440. Approved by Finance Department: ~~ RECOMMENDATION: Seward City Council approve Resolution 2007- ~~ authorizing the City Manager to purchase three (3) reels of 4/0 primary cable from Wesco, FOB Seward, for a price not-to-exceed $25,162.50. Funding is available in account no. 501-5300-5440. A"l CITY OF SEWARD P.o. BOX 167 SEWARD, ALASKA 99664-0167 .r ."~\(~,, TELECOPIER COVER LETTER June 01, 2007 TO: JERRY SUE/ROB GWEN TOM JIMMI JASON POTELCOM SUPPLY WESTINGHOUSE ELECTRIC SUPPLY HUGHES UTILITIES STUSSER ELECTRIC ~~ GRAYBAR G.E. SUPPLY COMPANY: Various LOCATION: Various FROM: Kathy Shipe, Engineering Office Assistant Electric Department COMMENTS: Request for price quotes TOTAL NUMBER OF PAGES TRANSMITTING 2 (INCLUDES COVER SHEET) IF TRANSMISSION IS INCOMPLETE, PLEASE CALL: (907) 224-4073 44 UTILITIES & FINANCE . Main Office (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224.3138 . Fire (907) 224-3445 . City Clerk (907) 224-4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907) 224-4038 276-1939V\ 563-3134 X 562-6726~ 563-8525~ 562-3314 ..- CITY OF SEWARD P.o. BOX 167 SEWARD, ALASKA 99664,0167 ! 1. ,1'.:# UTILITIES & FINANCE . Main OffICe (907) 224-4050 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . City Cieri< (907) 224-4046 . Engineering (907) 224-4049 . Utilities (907) 224-4050 . Fax (907) 224-4038 .", June 01, 2007 The City of Seward would like prices on the following items. I need to know price and availability as soon as possible, with all prices FOB Seward. If you have any questions, please give me a call. My direct line is (907) 224-4073. Thank you for your prompt response. Our fax number is (907) 224-4085. Sin!!:r- Kathy Shipe Seward Electric Department Ouantitv Item 3 reels 4/0 15KV Primary, 220mil, EPR Jacketed, Concentric Neutral - Copper 2. 3. 4. 5. 6. 7. I will be out of the office from June 4th thru June 22nd. 8. Back in on the 25th. Jeff will also be gone from the 12th 9. thru the 28th. Tim Barnum (Utility Manager) may be calling 10. desperately for help if necessary. :11, ..12. ~3_ 14. 15. 16. 17. 18. 19. 45 06/12/2007 07:56 907-563-3134 : JUN-01-2007 FRl 03: 19 PM ENGINEERING .i 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. . :.: .11.p . .,);.,2_ . '.:.1'3- '14. 15. 16. 17. 18. 1.9. WESCO ANCHORAGE FAX No. 907 224 4085 PAGE 02 p. 002/002 CITY OF SEWARD P.O. BOX 167 SEWARD, AlASKA 99664..0167 UTlLmES & FINANCE I Main 0Ill0ll (907) 224-4050 . POlice (807) ~I!+llaa . Harbor (907) 2.2403138 . Fir. (907) Z240J448 . elly Clelk (907) 22A-4046 . Enlllnterlng (907) 224-4049 . llb1ities (907) 224-4050 . !'ex (907) 224-4038 '..0 ." WaS (,0 June 01, 2007 The City of Seward would like prices on the following items. I need to know price and availability as soon as possible, with .11 pr~ce~ fOB Seward. If you have any questions, please give me a call. My direct line is (907) 224-4073. Thank you for your prompt response. OUr fa~ number is (907) 224-4085. S1n~;r- Kathy Shipe Seward ~lectric Department Ouantitv ll..iml :3 reels 4/0 15KVFrimary, 220mil, EPR Jacketed, Concent~ic Neutral - Copper +0'5 n n(;l;~'~OlJ I~ ~ ~e;u;."" ~;.Q5/F-r 1-.3 WII-i I will be out: of the office from June 4tb thru June 22nd. Eack in on th. 25m, Jeff will also be gone from th~ 12th thru the 28'n. Tim Barnum (utility Manager) may be calling desperately for help if necessary. 7r;oo' 1(': "1/0 tlWi1 (r,w) u>,..,t'~~,& m.. ~"'rz.A~f1L"t..~ 0.1,-1-0" E'jlll. 1t..f~"'l..A110'" I I pCt.. I NHt"k1lC7N DIA'ke.-16' MltJ. c?t1<<" MA1t.. I. ~l{('" \I)ot.\,,\ AWe, ~<\~ CMt U~~T~ ..,~ Wt1l-Gf; O.oSo\' 1..U)P6 JA~1' WI'11A '\-uo -e"T~1)O (',I~,e~ \<;'~ M1"tlO, \""'7. ltolt"IoolV"\..oC"~r(k'o"'tyl.l!?1f1.'-<. ~oP \ C,..11-.'V1'l ~QN'P4o(\.f,G-tJA"~ VoJ~1) -t\o {' !~~ " U.lPI.\.~f""'f c..pe;v. A~I" {hI' ~ \~ ~-~'1- t,"''l '\\1A S u. - , fI;<, 1(\1 P Ut.-A-A \.o€. 46 06/06/07 15:18 FAX 907 276 1939 POTELCO)l SUPPLY ~uu~ ~ Potelcom Supply PO'!M:R . TELEPHON~ . COMtAUNICATlONS ..... 1125 Orca Street . Anchorage, AI< 99501. . (907) 274-6525 . Fax (907) 276-1939 Oat~: June 6, 2007 CITY OF SEWARD Job: To lUqi: Quotdl: Attn: JEFF E Fax#: QUOTATION # Qty um . Dcscription Polc1coml# Price Extension ] - 2 7,500 FT 4/0 AL 15KV 220 WL EPR JCN POWER CABLE $3.30 $24,750.00 - 3 3 X 2500 FT REELS . - .. . - . 4 ANCH STOCK ., --- --.. S - 6 -. 7 - ~ 8 _.~- - 9 -.- -.. 10 ~ 11 ~ .-!~ -. .. . - - .' '. 13 )4 - ..-'" . ... 15 .0' ... .- 16 --- -... .. ...- 17 .-- ".... .... 18 /i Signatuce~ J ," ~ Total: $24,750.00 TeTJll.'!l: NET 30 Validated L [rry Zentmire F.O.B.: SEWARD Shipment: 1 WEEK Mu.<lbc validlllcd by.. CDrp officer DVCr $50,000.00 Finn tbru: PricOll firm .~-.:tpl for ..cNlIliDnld.....csla%lDn of motal.. 0 + S% l~glh 1Oh",nc.. CDpper b..c per/Lb. il'i.< '1uou.tion L. valid tor 30 <lny' unless Dlherwi.e specifiCally slated. Shipments quoled are :subj.<:t to change. Pot.ICD~.;.~~ no liability fQf $luI'Pinf, ..:hod"".. l3idf""" 1 1 otI 47 MEMORANDUM Date: March 14,2007 From: Marvin Yoder, Interim eity Manager Tim Barnum, Electric Utility Manager ~/3 To: Subject: see 6.10.310, Alternate procurement procedures BackQround: In January 2007, the electric department submitted resolution 2007-004 for approval by council. This was for the purchase of transformers. Department staff solicited quotes from 5 suppliers, 2 of which did not quote the order. The use of quotes vs. bids has been standard practice for the electric department and the electric utility industry. Council made it very clear that they wanted us to solicit bids in the future. In February 2007, the electric department advertised for bid, wire products. Only 1 bid was received and it was non- responsive. Recommendation: I recommend that the City Manager, authorize the electric department to use quotes as an alternate procurement procedure (See 6.10.310) for acquisition of materials, in lieu of see 6.10.210, Use of competitive bids. The request for quotes from multiple suppliers preserves the competitive environment, which is the intent of SCC 6.10.210. APP"'Ved:~ . .lnterimC, M ger Date: 3- I'I-Cl r 48 MEMORANDUM Date: March 14, 2007 From: Marvin Yoder, Interim eity Manager Tim Barnum, Electric Utility Manager JB To: Subject: see 6.10.310, Alternate procurement procedures Backqround: . In January 2007, the electric department submitted resolution 2007-004 for approval by council. This was for the purchase of transformers. Department staff solicited quotes from 5 suppliers, 2 of which did not quote the order. The use of quotes vs. bids has been standard practice for the electric department and the electric utility industry. Council made it very clear that they wanted us to solicit bids in the future. In February 2007, the electric department advertised for bid, wire products. Only 1 bid was received and it was non- responsive. Recommendation: I recommend that the City Manager, authorize the electric department to use quotes as an alternate procurement procedure (See 6.10.310) for acquisition of materials, in lieu of see 6.10.210, Use of competitive bids. The request for quotes from multiple suppliers preserves the competitive environment, which is the intent of sec 6.10.210. App'Dved:~ . Interim CI M ger Date:3..../~-d ?- 49 'i :l j 4 i I: :t If ,i -J ~ 4 1 fnrrd ~.. , , Sponsored by:Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' SEWARD, ALASKA, AUTHORIZING THE CITY ,MANAGER TO ENTER INTO TWO PURCHASE AGREEMENTS ,FOR WIRE PRODUCTS, FORA TOTAL AMOUNT NOT TO EXCEED S108~S .~ I ! : ! !:: WHEREAS, lead times to purchase wire varies greatly due to supplier and factory stQck;", 'and WHEREAS, in order to meet the demand for new eleCtrical services for jobs during the, 2007 construction season as well as to have sufficient stock on hand to facilitate repairs to the , , tranSmission line; and ' WHEREAS, the majority of the costs of the wire will be rel;Overed through new sCfVice' installations reimbursed by customers through work orders; and WHEREAS, the Electric Department issued a Formal Invitation to Bid on February 22, 2007 and received only one bid which was found to be non-responsive, and subsequently, upon approval of the city manager, issued a request for quotes as an alternate method of procurement as allowed in sce 6.10.310, to acquire the wire while maintaining a competitive environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into two pUrchaSe agreements as, follows: l)Potelcoin in the amount of $19,500 plus 10% contingency; and 2) Hughes Industries in the amount of$79,176.50 plus 10010 contingency. " Section 2. The City Council of the City of Seward, Alaska hereby finds in the publieinterest to authorize an alternate procurement method as allowed in SCC 6.10.310 (authorizing competitive quotes) due to the inability to receive competitive quotes during the competitive bid process. Section 3. The City Council further finds that SCC 6.10.120 (a)(10) states that, "when competitive procurement procedures have been followed, but no bids, quotations or proposals are timely received....the city manager may proceed to have the services performed or the supplies purchased without further competitive bidding or quotation." , Section 4. This resolution shall take affect immediately upon its adoption. 50 City of Seward, Alaska July 9, 2007 City Council Minutes Volume 37, Page CALL TO ORDER The July 9,2007 regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ABSENT - None There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson ROLL CALL comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Dollerhide, Ass' EXCEPT THOSE ITEMS SCHEDULED ound (PWS) contingency plan was in the public year review. He encouraged anyone to look at the website and an. He had hoped for a more detailed response plan for . stream oil spill prevention and response. n the moratorium resolution about the property aCross the bay. He d and mentioned that the Seward Planning and Zoning Commission ow this. He was well aware of the expense ahead of him. . Randolf W hal was a world traveling cyclist and cancer survivor who traveled and spoke of overcoming obstacles in life. Westphal spoke at colleges and would be willing to speak to the public in Seward. He participated in the Fourth of July parade and would speak to any group that wanted to listen while he was in town. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Bardarson) Approval of Agenda and Consent Agenda 51 City of Seward, Alaska July 9, 2007 City Council Minutes Volume 37. Page Councilmember Schafer abstained from voting on the approval of the agenda and consent agenda due to a conflict of interest with an item. Motion Passed Unanimous The clerk read the following approved consent agenda items: The June 25, 2007 Regular City Council Meeting Minutes Were Approve Resolution 2007-064. Accepting A Grant In The Amount Of $1,8 Highway Safety Office For 2007 Fourth Quarter ASTEP Seatbelt E . Appropriating Funds. Resolution 2007-065. Accepting A Grant In The Amou Highway Safety Office For 2007 Fourth Quarter AST Enforcement Campaign And Appropriating Funds Alaska ce (DUI) Resolution 2007-066. Authorizing The City Manager Services Contract Between The City Of Seward And Providing Dispatch And Clerical Dispatch And Clerical Se In The Seward Area For $48,500. Land Us an And Rezoning Of Lots 15, 16, 17, 18, 19, 1, And BD2, Forest Acres Subdivision From idential (RR) (24 Parcels); Tract A Forest Acres, Afognak W, And A V From Institutional (INS) To Resource ~uced and set for public hearing on July 23,2007) n was presented by Friends ofthe Jesse Lee Home for Alaska Flag Day. A proclamation was read for National Parks and Recreation Month. The top Mt. Marathon runners and volunteers appreciation proclamation was read. A certificate of appreciation was read for Shannon Huber, serving almost two years on the Historic Preservation Commission. *.f\ "\")..... City of Seward, Alaska July 9, 2007 City Council Minutes Volume 37, Page Borough Assembly Report. Borough Assembly Representative Ron Long stated the assembly met on the 19th of June, had held work sessions, and discussed the operating and maintenance agreement for the South Peninsula General Hospital. It passed and would be a proposition on the ballot. A two-part question regarding the Bear Creek Fire Service Area would be introduced at a hearing on August 7, 2007 for voters, on the $3 million dollar station project, and whether to commit to a $1.4 million general obligation (GO) bond to fund the remainder of the capital improvements. Final adoption of the coastal zone management plan was on the agenda for August 7, 2007. Long noted an ordinance would be introduced soon, addressin assembly authority to rescind by resolution, authority of service area boards. City Manager's Report. City Manager Phillip Oates wished a happy birthday as well as his own anniversary. A public meetin discuss access and all the advantages and disadvantages on the The state budget was announced last week and the city r construction and repairs, $198,412 for municipal energy as . ce, $ 1 million dollars for electrical generators. Oates noted 4th of and thanked the Chamber of Commerce and city s pr health insurance trust, APUIT, was forced to increase the 2007, and all departments would try and absorb the increase City of Attorney continued their assist eyen stated during this period, the attorneys act drafting, issues with the Long-Term Care eyen didn't know the actual court dates for the Trustees t could prevent the court date. ellfish Hatchery was given by Jeff Hetrick. Introducti f P.A.R.K.S. (Parents Advocating Recreational Kid's Stuft) by Crissy Shepard & Emanuel Williamson. PUBLIC HEARINGS Ordinance Requiring a Public Hearing 53 City of Seward, Alaska July 9, 2007 City Council Minutes Volume 37, Page Ordinance 2007-003. An Ordinance Of The City Council Of The City Of Seward, Alaska, 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). Oates stated the city purchased this land in preparation of development for the library/ museum. Additional property owners had requested to be a part of this rezone. Staff recommended enactment of this ordinance. Notice of the public hearing being posted and published as required by law w hearing was opened. Keith Campbell, spoke as the chair of the library steerin support for the rezone ordinance before the council. Motion (Thomasillunham) Motion Passed UNFINISHED BUSINESS - None NEW BUSINESS Resolutions Resolution 2007-063. Auth For The Site Re-Desi Construction Manag ger To Appropriate An Additional $254,000 are Facility And $333,000 For On-Site Alaska's Contract For Regarding The New fU.S.S.1864 Which Is West An Adjacent To chitects Alaska would include: re-worked geotechnical att' rocess, and detailed onsite construction management services nstruction, oversight, general inspection, scheduling and other ed that construction project managers were absolutely vital to provide e feedback. Oates recommended approval of this re-design which hitects Alaska as $1,876,200.00. Approve Resolution 2007-063 In response to Valdatta's concerns on oversight, Oates agreed on the importance ofa project manager to catch problems as they happen. He pointed out these costs were well within the budget established for the facility. Dunham was pleased to hear the city would hire a project manager, but was not satisfied with the high cost of the re-design. 54 City of Seward, Alaska July 9, 2007 City Council Minutes Volume 37, Page Motion Passed Unanimous Resolution 2007-068. Adopting A Moratorium Of All Property Lease And Sales Of City Owned Land In The Nash Road Ben Area Until A Development Study Of The Area Is Completed And Reviewed By Council; The Moratorium Includes The Request By Brad Snowden To Purchase An Approximate Five (5) Acre Portion Of City Owned Property Which Has A Legal Description Of Tract HI Fourth Of July Creek Subdivision, Roberts Replat. 4~ tpone pa:\, BUSINES~ generator replacement and public works and electric shops was 007 at 6:30 p.m. Another work session on the Forest Acres levee for p.m. and up to the property owner er or developer. He personally owden's request since the Seward Oates stated this was a sensitive issue. With concerns on safe infrastructure, it made it difficult to sell portions of this land without a pI help the city determine the usage ofthe land in the area. Motion (Dunham/Amberg) Oates was not able to locate the bench study~ Schafer said as far as snow removal, it would to maintain, and the infrastructure was the responsib lty was against the resolution as it stood. He was inclined to hon Planning & Zoning Commission had approved it. Dunham wanted to know if there er seemed like a lot more research needed to be In response to Amber council by the end of Au Motion to Postpone Postpone to September 24, 2007 Council Meeting Unanimous INFORMATIONAL ITEMS AND REPORTS (No action required) Providence Seward Medical Center May 2007 Financial Statements. ~~ City afSeward, Alaska July 9, 2007 City Council Minutes Volume 37, PaKe COUNCIL COMMENTS Amberg said the chamber and city staff did a great job during the fourth of July and congratulated the Mount Marathon winners as well as all runners. Bardarson echoed Ambergs' comments and wished City Clerk Jean Lewis a Happy Birthday. on the tanker contingency plan. The plan represented a 500-page ire more deliberation. He noted it was a very short timeline, and he was trying to move fo as quickly as possible with the comment period ending July 28. It was an important issue to Seward and French suggested more discussion. Schafer said it was important to let pedestrians cross the road while tr city streets, especially the boat harbor area. on our crowded Thomas also said great job on the fourth of July to all invo the town insisted on fireworks when it was too light out at mi i Valdatta remarked unfavorably on situations on th clerical services. Police Chief Tom Clemons spoke on the new iss through Soldotna before being transferred. It amounted to situation would change eventually. Clemo s assured council h change this. een center in winning the first prize in the float contest, and n their 50 year anniversary of the Liberty Theatre. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None S~ City afSeward. Alaska July 9. 2007 ADJOURNMENT The meeting was adjourned at 9:11 p.m. City Council Minutes Volume 37, Page Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) , '. 51 ~ City of Seward, Alaska July 23, 2007 City Council Minutes Volume 37, Page CALL TO ORDER The July 23,2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City A 0 ABSENT - None XCEPT THOSE ITEMS SCHEDULED Approval of Agenda and Consent Agenda the agenda by the Administration to secure insurance and be added st 13, 2007 city council meeting: . thorizing The City Manager To Appropriate Funds For $5000 To The Community Built ygrounds Project And Authorizing The Use Of A Portion Of The Park On Ballaine As A New Community Built Playground. Resolution 2007-077. Authorizing The City Manager To Appropriate Funds For $5000 To The Community Built Playgrounds Project And Authorizing The Use Of The Third Avenue Playground As A New Community Built Playground. The following was removed from the consent agenda and placed on the regular agenda: S8 City of Seward, Alaska July 23, 2007 City Council Minutes Volume 37, Page Resolution 2007-072. Authorizing The City Manager To Re-Appropriate Funds To Provide Site Closure At Fort Raymond Subdivision For Diesel Spill For An Amount Not To Exceed $21,684.30. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2007-069. Accepting The 2007 Volunteer Fire Assistan Authorizing The 10% Matching Funds From The Volunteer Budge Resolution 2007-070. Authorizing The City Manager To En Management Between The Forest Service, United States Dep'a City Of Seward. Resolution 2007-071. Authorizing The City Manag And Larue Inc., For The Purpose Of Relocating . al F Mile 0-8 Seward Highway Project, Including Sub-Con Be Reimbursed By The State Of Alaska Department Of Resolution 2007-073. Accepting Gran And Seaview Community Services d Litter Patrol As Creating Opportunities F enai Peninsula Borough or A Parks And Recreation onservation Community Program To Help SPECIAL ORDE ed to the U;S. Coast Guard for National Coast Guard Day ch National Forest proclamation and presentation was given. City Mana s Report. City Manager Phillip Oates stated the new hire for the DMV office would start August 9, 2007. The Seward Risk Management/Safety Committee qualified for the 2007 AMUJIA Loss Control Incentive Program and was awarded $9,209.00 for their ongoing work to mitigate risk and enhance city safety. He noted Federal lobbyist Brad Gilman was having problems getting revised language in the final conference agreement which would give the Army Corps. of Engineers the authority to extend the breakwater. Other items of interest were: ~, City of Seward, Alaska July 23,2007 City Council Minutes Volume 37, Page · Ferrv Service. The city and chamber both testified at the Marine Transportation Advisory Board (MTAB) meeting on July 17, 2007 in support of restoring ferry service in Seward. . The city manager agreed to construct a frame to hang a downtown association mural in Kawabe Park. · Fire Department. The vehicle exhaust system obtained from a Homeland Security grant was installed and completed. The department had resp numerous times to individuals setting bails of hay on fire at Phoenix Drive was king the public for information. The city's automated external defi r (AED) was used to resuscitate an 84 year old man, thus resulting i turn. for the initial investment. Wesley. hing success with 50 students and lunteers. ouncil member Thomas commended Oates for his work on effort to bring the ferry Tustumenaback to Seward. Cham ce Report. Chamber Director Laura Cloward stated updated statistics were sti or the year with 374 members, which was increasing by 2% each month. She informed that e hits and visitor guide requests were also up. Cloward notified that a Japanese crew wo e in Seward, August 2 through 8, 2007 to shoot a film. She spoke of two projects, the branding program, and the coffee with the branding logo that were being used as promotional tools. Other Reports, Announcements and Presentations The 2007 Japanese adult and student exchange program students from Obihiro gave speeches and were introduced. The city council presented gifts. The four female exchange students from Japan were: Yuka Kudo, Julia Kaneko, Shuli Omori and Asami Iritani. The two GO City of Seward, Alaska July 23, 2007 City Council Minutes Volume 37, Page female visiting adults were: Kiyomi Takahashi and Michiko Muneoka with her two children Gouma (5) and Noiko (2). A presentation was given by John French on the oil discharge and prevention and tanker contingency plan for Prince William Sound (PWS). He spoke of tethered escorts, double hull requirements, the establishment of citizen advisory councils and response plans which had all added a greater level of safety. PUBLIC HEARINGS Ordinance Requiring a Public Hearing Ordinance 2007-004. Amending The Land Use Plan And Rez 20, 21, CP1, CP2, CG1, CG2, BC1, BC2, BD1, And BD Institutional (INS) To Rural Residential (RR) (24 Par Addition And Lots CM, CL, CK, A W, And A V Management (RM) (6 Parcels). Council member Schafer declared a Council member Schafer abstained. Motion (Thomas/Dunham) Motion Passed Amberg, Bardarson, Thomas, Dunham, Valdatta, Mayor Shafer Abstain: Schafer Resol Resolution 20 Site Closure At $21,684.30. rizing The City Manager To Re-Appropriate Funds To Provide ond Subdivision For Diesel Spill For An Amount Not To Exceed Motion (Thomas/Amberg) Approve Resolution 2007-072 Motion Passed Unanimous '-\ City of Seward, Alaska July 23, 2007 City Council Minutes Volume 37, Page Resolution 2007-075. Approving The Access Route (s) For The New Long-Term Care Facility Site. Oates infonned council that this resolution limited itselfto only the Oak Street right-of-way extension at this time. This route goes from the Long- Tenn Care Facility, north to the Oak/Hemlock Street intersection and establishes itself as the primary access route into the center. He limited the route because it was essential to put utilities in this summer, and would allow finalization of the layout of the buildings on the property. Additional infonnation on the other route extensions were needed. Oates spoke that the further extension north up Oak to Ash Stre (ROW) with some 45 and 50 foot ROW sections. Additional prop from roughly 15 owners for this route to be chosen. This route w and it was not possible to have all the infonnation provided highway. He this was the st costly and had an adverse er building, but the City had the it separated the schools from the er ded to be installed and it la1 parcels vs. the 38 on the olut and finalize the route by adding the known what funds would be available, then the facility. He requested this resolution be Approve Resolution 2007-075 tow. extending up north through Ash Street. He thought the litigation and was still galled the primary route could not be Sea could go down an undeveloped road to the facility. Schafer thought the undeveloped road had a 40 foot ROW which would require property acquisition, and was in favor of passing the resolution tonight as is. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS (No action required) City of Seward Monthly Budget Summary. 62 City of Seward, Alaska July 23,2007 City Council Minutes Volume 37, Page COUNCIL COMMENTS Bardarson welcomed the exchange students from Japan and thanked Debbie Bond and the City Clerk's office for administering the program. Schafer thanked the city manager for the added items in the budget report. Jean Lewis City Clerk Thomas also welcomed the exchange students and gave congratulatio for their commendations. He hoped some of the public would discontinue bl they may not be totally iinformed about. to the Coast Guard uncil for things Dunham was delighted to see the exchange students, and Fletcher's on their 50 years in business. He wanted the 35 mph the city had more time to work on ferry verbiage for the permitting of old buildings. With the added costs to up enhance them and keep them on the tax roles. Mayor Shafer thanked the Coast Guard for their Library staff ofTember Eliason and Maureen Callahan for the the kids an alternate place to go. TO CITIZENS' COMMENTS - None ... 5 p.m. Vanta Shafer Mayor (City Seal) 63 City of Seward, Alaska AUf(USt 1,2007 City Council Minutes Volume 37, Page CALL TO ORDER The August 1, 2007 special meeting ofthe Seward City Council was called to order at 5 :30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Council member Steve Schafer led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Steve Schafer Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT - None EXCEPT THOSE ITEMS SCHEDULED APPROVAL OF A 6A2 pulled and requested clarification. ain to threatened or pending litigation, therefore an execu Mayo Approval of Agenda Motion Passed Unanimous NEW BUSINESS EXECUTIVE SESSION Motion (Thomas/Bardarson) Go Into Executive Session To Evaluate And Discuss Electric Utility Rate Increases That Pertain To Pending Litigation. 64 City of Seward, Alaska August 1,2007 City Council Minutes Volume 37, Page (Present was: Tim Barnum) Motion Passed Unanimous Council went into executive session at 5:34 p.m. Council came out of executive session and went back into open session at 6:02 p.rn. Council gave direc acres area, and br' ent Agreement ed By Chugach Resolution 2007-078. Authorizing The City Manager To Enter Into A S With CEA In The Matter Of The Tariff Revision Designated As T A -8 Electric Association, Inc. For A Rate Increase And Rate Redesig Motion (Thomas/Dunham) Motion Passed Schafer questioned the pending litigation issue. \Y.' possible, Council member Schafer withdrew his prior Mayor Shafer ruled a conflict existed. Council memti meeting. Motion (Bardarson/Amberg) Into Ex tive Session To Evaluate And bdivision Agreements And Flood sue n The North Forest Acres Area That Could Lead To Litigation. emporary Planner John Bird) Yes: Thomas, Amberg, Bardarson, Valdatta, Dunham, Mayor Shafer Abstain/conflict: Schafer ssion at 6:04 p.m. e session at 7:09 p.m. the Administration to delay the subdivision agreement in the forest a resolution before the council at the next meeting on August 13, 2007. COUNCIL COMMENTS Valdatta did not like the grass that DOT planted in front of businesses along 3rd avenue because the businesses would not cut it and it was not appealing to the eye. CITIZENS' COMMENTS - None 65 City of Seward, Alaska August J. 2007 City Council Minutes Volume 37, PaKe COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 7: 10 p.m. Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) 66 August 2007 Monthly Planner 5 6 7 7:30PMP&Z Meeting 12 6:30 PM P &Z Special Meeting 14 19 20 21 6:30 PM P & Z Work Session 26 12:00 PM PACAB Meeting 5:30 PM Special City CouncB Meeting 6:30 PM HP Meeting 8 15 12:00 PM PACAB WS 22 29 9 16 12:00 PM Hlslone Pres.eNatlon Work Session (2007-2008 Priority List) 23 30 67 10 17 9:00 AM -1:00 PM Social Securlly Rep 24 31 11 18 25 ~ September 2007 Monthly Planner 2 3 4 5 6 7 8 Labor Day 7:30 PM P &Z 12:00 PM PACAB 6:30 PM Historic Offices Closed Meeting Meoting Preservation Mooting H 9 12 13 14 15 16 19 20 21 22 6:30 PM P & Z Work Session 12:00 PM PACAB Work Session 9:00 AM .1:00 PM Social Security Rap 23 26 27 28 29 30 fi~