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HomeMy WebLinkAbout05102010 City Council PacketSeward City Council Agenda Packet Arbor Day May 14, 2010 May 10„ 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska MANNOd CITY COUNCIL MEETING AGENDA ' II{Please silence all cellular phones and pagers during the meeting} May 10, 2010 7:00 P.M. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT Jean Bardarson THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. National Fitness and Sports Month ............................ Pg 3 Vanta Shafer 2. Special Olympics Law Enforcement Torch Run on May 15, Council Member 2010..4 Term Expires 2011 ..................................................Pg 3. Arbor Day Proclamation.........................................Pg 5 4. Proclamation honoring Arliss Sturgelewski ...................Pg 6 Marianna Keil 5. Congratulations to Josh Kompkoff on his HS graduation ... Pg 7 Council Member 6. Welcome to The Alaska Dental Society .......................Pg 8 Term Expires 2010 7. Introduction of the 2010 Seward/Japan Exchange Students B. Borough Assembly Report Linda Amberg C. City Manager's Report Council Member D. Mayor Report Term Expires 2010 7. PUBLIC HEARINGS A. Resolution Requiring a Public Hearing Phillip Oates City Manager 1. Resolution 2010-044, Approving A Lease Of Property To The U.S. Coast Guard To Maintain And Operate A VHF -FM Distress Radio Jean Lewis Microwave -Telephone Link Site.............................................Pg 9 City Clerk B. Ordinances Requiring a Public Hearing. Cheryl Brooking City Attorney 1. Ordinance 2010-001, Amending The Zoning Map Designation Of Lots 2, 4 & 5, Block 2, Oceanview, From Single Family Residential (R1) To Auto Commercial (AC) In Compliance With The Land Use Plan, Located On The West Side Of Third Avenue Between Van Buren And D Streets ................................................. Pg 16 City of Seward, Alaska Council Agenda May 10, 2010 Page 1 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions *1. Resolution 2010-045, Appropriating $18,763.88 From The Capital Acquisition Fund And $11,236.12 From The Road/Streets Fund Net Assets For Contracted Services For Emergency Sidewalk Repair And Authorizing The City Manager To Enter Into An Agreement Not-To-Exceed$30,000...........................................................Pg 25 2. Resolution 2010-046, Appropriating An Additional $20,720 To Acquire Property Rights Necessary To Construct The North Forest Acres Levee/Road Project Across Tract B, Dieckgraeff-Gillespie Replat, For A Total Cost Not To Exceed $71,720................Pg 27 B. Other New Business Items *1. Approval Of The April 26, 2010 City Council Regular Meeting Minutes ...... Pg 40 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Mayor welcome letter to new Obihiro Mayor and mural society request ........ Pg 48 B. 11 letters thanking subcontractors by Mayor Dunham..............................Pg 49 C. 6 letters thanking businesses in Seattle by Mayor Dunham ........................Pg 60 D. Letter from Governor Parnell with attachments re: AES, ARRC, ADEC....... Pg 66 E. Memo describing the Extreme Makeover Website Contest ........................Pg 79 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda May 10, 2010 Page 2 VItOCLAMAT/ON WHEREAS, National Physical Fitness and Sports Month is our country's observance of fitness and sports; and WHEREAS, since 1983, May has been observed as National Physical Fitness and Sports Month, where individuals and organizations everywhere have joined in the fun to promote awareness of the value of physical activity in the pursuit of happier, healthier, more productive lives; and WHEREAS, many agencies have initiated programs designed to improve our quality of life. As partners, we can better help one another communicate the common message of improved health through physical activity more effectively; and WHEREAS, National Physical Fitness and Sports Month is a time when we can do something special to direct deserved national attention to the benefits of physical activity. NOW, THEREFORE, I, Willard E. Dunham, Mayor of the City of Seward Alaska, proclaim the Month of May as "Physical Fitness and Sports Month" and urge our community to promote physical activity in recognition of this National effort. Dated this 10th Day of May, 2010 03 Willard E. Dunham, Mayor City of Seward, Alaska PROCLAMATION WHEREAS, each year Law Enforcement officers join together with citizens and athletes to run the Special Olympics torch throughout the country; and WHEREAS, hundreds of thousands of law enforcement officers give their time to protect our communities every day; and WHEREAS, hundreds of thousands of athletes participate in Special Olympics activities annually; and WHEREAS, the efforts of countless volunteers make Special Olympics possible; and WHEREAS, on May 15, 2010 law enforcement officers and athletes will carry the Special Olympics torch during the annual Torch Run and send it on its way to open the Special Olympics Games; and WHEREAS, at this years games, many of our area's finest young people and adults will be competing in a variety of sports, enjoying the joy of athletic competition and learning the importance of "doing one's best" in the spirit of sportsmanship; and WHEREAS, Police Lieutenant Louis Tiner and Special Olympics Representative Marie Gage are organizing the Torn Run for Seward on May 15, 2010 at the Resurrection Roadhouse with a start time of 10:00 a.m. NOW THEREFORE I, Willard E. Dunham, Mayor of the City of Seward, do hereby proclaim May 15, 2010 as SPECIAL OL YMPICS LAW ENFORCEMENT TORCH RUN DAY and encourage all to participate either by running or making a pledge for those who do run. The City Council acknowledges the hard work of the event organizers and congratulates the athletes on their accomplishments. Dated this I Ofh day of May, 2010. AL A S K A THE CITY OF SEWARD, ALASKA L A W E N F O R C E M E N T TORCH RU No r4 Willard E. Dunham, Mayor PROCLAMATION Whereas, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal; and Whereas, in the 1960's, Seward Boy Scouts planted the spruce tree at city hall, on the southwest corner of the building on Arbor Day; and Whereas, the Seward Boys and Girls Club is celebrating Arbor Day this year by creating a mural and planting a memorial tree for Ann Knofel, the Seward Schools Psychologist that was tragically killed in a Seward Highway accident last summer. NOW, THEREFORE, 1, Willard E. Dunham, Mayor of the City of Seward, do hereby proclaim May 14, 2010 as Arbor Day in the City of Seward, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and encourage all citizens to plant and care for trees to gladden the heart and promote the well being of this and future generations. Dated this 101h day of May, 2010. Willard E. Dunham, Mayor C) 1Sir .� 0a l', c �t$':� ," +t.... i �F R`d R,.c C Each year Congregation Beth Sholom presents the Shining Lights Award in honor of an individual whose career has been dedicated to public service and who has demonstrated the highest level of character, integrity and ethics. This year that recipient is: wiss Sturgulewskj On behalf of the citizens of Seward, Alaska, we too, are proud to honor and recognize you for your contributions to the State of Alaska and wish to say a BIG THANK YOU! Dated this loth day of May, 2010. Willard E. Dunham, Mayor On behalf of the Mayor and the Seward City Council, we are honored to acknowledge and present this certificate of Congratulations to graduate: JOSHUA MYCKEL KOMPKOFF who has shown incredible determination in the face of immense adversity to complete and obtain his High School Diploma. Dated this 10* day of May, 2010. Willard E. Dunham, Mayor City of Seward, Alaska City of Seward Certificate of Welcome Awarded To: Alaska Dental Society The Seward City Council would like to welcome the Alaska Dental Society to Seward for their annual convention May 13-15, 2010. Thank you for choosing Seward as your convention destination. We hope your visit will be a successful and productive one and that you consider us as a location again in the future. c) 00 Now therefore I, Willard E. Dunham, Mayor on behalf of the Seward City Council, wish to personally welcome the Alaska Dental Society to Seward and thank them for their contributions to oral health and wellness in Alaska. Willard E. Dunham, Mayor Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEASE OF PROPERTY TO THE U.S. COAST GUARD TO MAINTAIN AND OPERATE A VHF -FM DISTRESS RADIO MICROWAVE -TELEPHONE LINK SITE WHEREAS, the U.S. Coast Guard has indicated its desire to continue operating a microwave -telephone link site at the Seward Marine Industrial Center for its Rugged Island remote VHF -FM distress radio communications site; and WHEREAS, it has been determined that the site and use requested fit the long term development plans for the Seward Marine Industrial Center; and WHEREAS, the City Council has determined that a lease of this property for the purposes set out herein would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. It is in the public interest to lease Lot 2, Block 8, Fourth of July Creek Subdivision, Seward Marine Industrial Center, to the U.S. Coast Guard at no cost and with the benefit of an appraisal of the property. Section 2. The City Manager is hereby authorized to execute a lease agreement, a copy of which is attached and incorporated herein by reference, with the U. S. Coast Guard. Section 3. This resolution shall take effect thirty (30) days following passage and posting as required by law. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of May, 2010. O Council Agenda Statement Meeting Date: May 10, 2010 Through: Phillip Oates, City Manager From: Jim Lewis, Deputy Harbormaster Agenda Item: Renew the lease with the U. S. Coast Guard for the established microwave -telephone link for its Rugged Island remote distress radio communications site at Lot 2, Block 8, Fourth of July Creek Subdivision, Seward Marine Industrial Center. BACKGROUND & JUSTIFICATION: On August 9, 1993 the City Council approved Resolution No. 93-111 authorizing the lease of a parcel of land located within U. S. Survey 4827 west ofNash Road, adjacent to Spring Creek for the purpose of establishing a microwave -telephone link site for its Rugged Island remote VHF -FM distress radio communications operations. Problems arose at that site and the Coast Guard requested relocation of its lease site to its present location at Lot 2, Block 8, Fourth of July Creek Subdivision. On May 22, 1995 the City Council approved the relocation with Resolution 95-049. This lease expired on June 30, 2005 and has yet to be renewed. The Coast Guard is requesting a no cost lease for a period of 15 years with an option to renew for an additional 5 years. The primary purpose of this site is to serve the City of Seward's maritime community with search and rescue support along Resurrection Bay. It is in the public's interest to renew this lease for the period suggested. INTENT: To enter into a Lease with the U.S. Coast Guard for a radio communications tower at the Seward Marine Industrial Center. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent withthe Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No Seward Marine Industrial Center Development Plan Land use: Uses allowed within SMIC should focus on strengthening and enhancing the area as a center for marine and other compatible industries. FISCAL NOTE: This is a no cost lease to the U. S. Coast Guard. Lease preparation fees were not charged. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: City Council approve Resolution 2010-lN authorizing the City Manager to renew the lease with the U. S. Coast Guard at Lot 2, Block 8, Fourth of July Creek Subdivision, Seward Marine Industrial Center for the purpose of operating the established microwave -telephone link site for its Rugged Island VHF -FM distress radio communications site. �o LEASE AGREEMENT THIS AGREEMENT made and entered into effective as of the day of 2010, by and between the CITY OF SEWARD, ALASKA, a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, at P.O. Box 167, Seward, Alaska 99664, and hereinafter referred to as "CITY" and UNITED STATES OF AMERICA, acting by and through the United States Coast Guard, Commander, Shore Infrastructure Logistics Center, Product Line Division, Portfolio Management Branch, 1301, Clay Street, Suite 700N, Oakland, CA 94612-5203, hereinafter referred to as "LESSEE." WHEREAS, LESSEE has indicated its desire to continue occupying the land at the Seward Marine Industrial Center, a microwave -telephone link site for its Rugged Island remote VHF -FM distress radio communications sites; and WHEREAS, the prior lease for Lot 2, Block 8, Fourth of July Creek Subdivision has expired; and WHEREAS, the City Council of the City of Seward has determined that a new lease of the land would be in the public interest; and WHEREAS, it is the intent of this lease to alleviate from CITY the entire burden of compliance with past, present or future environmental regulations or controls with respect to LESSEE's operations on the leased land during the lease term. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: 1. The CITY grants to LESSEE the nonexclusive right to use the following described premises together with the nonexclusive right of ingress and egress upon the property of the City of Seward. Lot 2, Block 8, Fourth of July Creek Subdivision at the Seward Marine Industrial Center, Seward Recording District, Third Judicial District, State of Alaska, for the purpose of constructing, operating and maintaining a Communications Site operating at 933.175 MHZ and 942.175 MHZ at 1 watt into a 24.5 DB dish. A total leased area 3,359 square feet more or less. 2. This lease shall be in effect for the period July 1, 2005 to June 30, 2020. the CITY or its successors may revoke this lease at any time by giving one hundred and eighty (180) days written notice or termination to the LESSEE at the above address. The LESSEE may terminate this lease at any time by giving one hundred and eighty (180) days written notice to the CITY at the above address. This lease may be terminated at any time my mutual consent of both parties. LESSEE may extend this lease for one additional five-year term ending June 30, 2025 provided that LESSEE must exercise this option to extend by providing written notice to the CITY no later than 180 days prior to June 30, 2020. 3. The LESSEE shall use the leased premises for the sole purpose of constructing, operating, and maintaining a Coast Guard Communications Site. Structures on this site will consist of a concrete pad to support a 2x2 meter fiberglass shelter, and a 20' self-supporting tower on a similar concrete pad as indicated on the attached plans which are incorporated herewith by reference and made a part of this agreement. The Construction of the subject Communications Site will be coordinated with the CITY and adjacent users of this property. 4. The LESSEE shall be allowed to bring utilities to this site without cost to the CITY. 5. This Agreement shall be neither assignable nor transferable by the LESSEE. No permanent interest in the real property subject to this Agreement shall vest in the LESSEE. 6. This lease shall be at no cost to the LESSEE. 7. Upon revocation, expiration, or surrender of this lease, and to the extent directed by the CITY, the LESSEE shall restore the premises or facilities to the same or as good condition as existed on the date of entry under this agreement, reasonable wear and tear excepted. 8. The use and Occupancy of said portion of land shall be without expense to the CITY. 9. This Agreement shall not be administered by profit. 10. The United States Government, in the manner and to the extent provided in the Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-2680) shall be liable for, and shall hold harmless from claims for damage or loss of property, personal injury or death caused by the acts or omissions of the United States Government, it's officers, employees and agents in the use of the granted premises. Nothing in this agreement shall constitute an obligation of funds of the United States in advance of an appropriation of those funds. 2 UNITED STATES OF AMERICA UNITED STATES COAST GUARD C'L �...� Leslie Decena Real Property Specialist Portfolio Management Branch USGC SILC — Product Line Division By direction ATTEST: Jean Lewis., City Clerk, CIVIC (City Seal) STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ss. CITY OF SEWARD, ALASKA Phillip Oates, City Manager THIS IS TO CERTIFY that on this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Phillip Oates, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: 3 -13 STATE OF CALIFORNIA ) ) ss. COUNTY OF ALAMEDA ) On /Sdeij before me, LINDA M. KRATOCHVIL, NOTARY PUBLIC per onally appeared LESLIE B. DECENA who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se Signature: (Seal) ------------------ UNQA M. KRATOCHVIL Commtssbo # 1e96756751 Notary POW - C&{HorMa Ahme0& County &Oes Feb 16. 2013 4 d� LURVC"OK� WE —.K6 0 W, bt- p(mob— K� 1b, bf (D4 -29, "'Ally \4L-1 YAP -- CERTIFICATE of OWNERSHIP and Q .-A.TIQN y PEEKARES TO USE ubS EbSEU,.11 10 ME USE N 0 Obb, ,g BlmPec— AP. ISS". 0�,-x 11 '2e NOTES, --ba'.— CKY bbS bb—b- pb— n 6) bbb—b br UbA. by 1h, 0.- A)— b, SO S IS S 17 S14 9 S 20 Ubb KPB FILE 1VO 97-108 Fourth of July Creek Subdivision Seward Marine Industrial renter A I— tw 0—t. b.x: 44, 0 Al, nTMGR= SIMVVYS Ilk, ", S,,,w-4 'Ma7 Sponsored by: Planning and Zoning Commission Introduction Date: April 26, 2010 Public Hearing Date: May 10, 2010 Enactment Date: May 10, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010-001 AN ORDINANCE OF THE CITY COUNCIL OF SEWARD, ALASKA, AMENDING THE ZONING MAP DESIGNATION OF LOTS 2,4 & 5, BLOCK 2, OCEANVIEW, FROM SINGLE FAMILY RESIDENTIAL (R1) TO AUTO COMMERCIAL (AC) IN COMPLIANCE WITH THE LAND USE PLAN, LOCATED ON THE WEST SIDE OF THIRD AVENUE BETWEEN VAN BUREN AND D STREETS WHEREAS, three applicants have requested the rezone of Lots 2, 4 and 5, Block 2, Oceanview Subdivision, from Single Family Residential (R1) to Auto Commercial (AC); and WHEREAS, the three lots being considered for rezone contain approximately 18,295 square feet of land; and WHEREAS, the Seward City Code SCC § 15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan; and WHEREAS, the official Zoning Map described in SCC 15.01.030 will be amended from Single Family Residential (R1); to Auto Commercial (AC) bring the parcels into conformance with the official Land Use map; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning district designations, as required by Title 15; and WHEREAS, at the April 6, 2010 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Zoning Map of the City is hereby amended by changing the zoning designation of Lots 2, 4 and 5, Oceanview Subdivision from Single Family Residential (Rl); to Auto Commercial (AC). City of Seward Ordinance No. 2010-001 Page 2 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 10" DAY OF MAY 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) s�y THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor Council Agenda Statement Meeting Date: April 26, 2010 Through: Christy Terry, Community Development Directo From: Donna Glenz, Associate Planner Agenda Item: Rezone of Lots 2, 4 and 5, Block 2, Oceanview Subdivision, located on the West side of Third Avenue between Van Buren and D Streets, from Single Family Residential (R1) to Auto Commercial (AC) BACKGROUND & JUSTIFICATION: 0\ Attached for the City Council's review and adoption is Ordinance 2010-- , amending the City of Seward Zoning Map by rezoning Lots 2, 4 and 5, Block 2, Oceanview Subdivision, from Single Family (RI) to Auto Commercial (AC) (see attached maps). The applicants are requesting this rezone in order to provide zoning suitable for possible future business uses as allowed within the Auto Commercial Zoning District and to bring the lots into conformance with the Land Use Plan. The Third Avenue corridor is largely commercial, which is reflected in the Land Use Plan. The older single family structures located on Lots 2, 4 and 5 are allowed to remain as single family homes but can be developed for light commercial purposes under a rezone to Auto Commercial. The parcel to the North contains the Seward Plumbing business and is currently zoned Central Business District. The parcels to the East, located across Third Avenue contain Bayside Apartment complex currently zoned Auto Commercial and No Sweatt Auto zoned Central Business district. Located to the South are a privately owned lot and structure and the Seaman's Mission at the corner of Third and D Street, both are currently zoned Auto Commercial. The parcels to the West across the alley are zoned Single Family Residential and generally contain single family homes. Seward City Code SCC § 15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested Auto Commercial Zoning District in both the East and South and is recommended by the Land Use Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Auto Commercial (AC) as defined in SCC 15.05.025 (b)( (8) Auto Commercial district (AC). Intended to provide areas to accommodate highway - oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. Development requirements for the Auto Commercial District were fully discussed with the applicant. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: Rezone of Lots 2, 4 and 5, Block 2, Oceanview Subdivision, located on the West side of Third Avenue between Van Buren and D Streets, from Single Family Residential (RI) to Auto Commercial (AC) ATTORNEY REVIEW: Yes PLANNING AND ZONING REVIEW As required by the City Code§ 15.01.040, neighboring property owners within 300 feet of the area subject to review were notified and the property was posted. The Planning and Zoning Commission held a public hearing on April 6, 2010 and approved Resolution 2010-03 recommending City Council adopt Ordinance 2010- oil rezoning Lots 2, 4 and 5, Block 2, Oceanview Subdivision, located on the West side of Third Avenue between Van Buren and D Streets, from Single Family Residential (RI) to Auto Commercial (AC). FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the change of zoning designation. Approved by Finance Department¢_, RECOMMENDATION: The Seward Planning and Zoning Commission recommends: April 26, 2010: Council introduces Ordinance 2010- 0Ul Rezoning Lots 2, 4 and 5, Block 2, Oceanview Subdivision, from Single Family Residential (R1) to Auto Commercial (AC). May 10, 2010: Council conducts a public hearing and adopts Ordinance 2010- Ub VAN BUREN STREET -��WW1Vi0 Central Business, District i ` Lot 2 I Auto Comm eraal Lot 4 D STREET Seward City Council Ordinance 2010- 0 50 100 Feet 1 I I Lot 5 F Auto Commercial Central Business District Current Zoning Map Rezone Lots 2, 4 & 5 from Single Family to Auto Commercial by Alaska Map Co. Intro: April 26, 2010, Enacted May 10, 2010 RECEIVED LAND USE PLAN AMENDMENT - REZONING APPLICATION Petitioner: d0TIO'Drr/ Address: aw 3 '9ol6L GJ Phone No: FEB 0 8 2010 Per _ -d- .1 "Y--- Legal Description: 131. �i•� ..,. ; 'cud 4-07-tf [j Al 4 �- /LET2- of Physical Location: /DOS" 3,1!/L Land Use Plan: Present: C Proposed: 19 C Zoning District: Present: Proposed: f� C Intended use and/or reason for rezoning: TO GpMi°L % aril 1,4AO L16:' PaA/ , 7-0 /Lij.oc.srL ",Gll.,fllt's 55:A&Q,4f. 7-0 /dvc. A-estt A map is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $250.00 (payable to the City of Seward) to the Community Development Office. Signatures of 51 % of property owners involved in the rezoned area. SIGNATURE ADDRESS (legal) DATE �% /Oo _ 33 n -/ro rd oX �8s % X407 3.04 A8 a t jV ® ;n --0 44�.k. City of Seward, Alaska Planning Commission Minutes April 6, 2010 Volume 6, Page 3 9 0 Motion Passed Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — Resolution 2010-03, recommending City Council Approval of the Rezoning of Lots 2, 4 & 5, Block 2, Oceanview, from Single Family Residential (R1) to Auto Commercial (AC) in compliance with the Land Use Plan, located on the West side of Third Avenue between Van Buren and D Streets Terry reviewed Resolution 2010-03. She noted the current zoning map had been provided to show the detail of the proposed rezone. Also, the proposed rezone would bring the lots into compliance with the City Land Use Plan. In response to commission questions Terry stated parking requirements for the Auto Commercial district were required by Code and were based on the particular use on the property. She noted that the applicant had been into the office and discussed uses and parking requirements. Terry continued noting the access for parking on the lots was from the alley. In response to Heinrich, Terry noted that no objections had been received. She also noted, in response to Morgan that single family homes were allowed within the Auto Commercial district. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Seward resident Blake Wooten, the primary applicant for the new zoning designation, said his ultimate goal was to relocate his hair cutting business to the property. Wooten said he was aware of the parking regulations and was confident the parcel had the required parking for the residence and the business. No one else requested to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2010-03 Heinrich said he believed the rezone was prudent in that it would bring the properties into compliance with the Land Use Plan. DeMarco said he had some concerns about the commercial operations that may occupy the rezoned lots in the future and the possible placement of parking along the Third Avenue frontage. Motion Passed Unanimous Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2010-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 2, 4 & 5, BLOCK 2, OCEANVIEW, FROM SINGLE FAMILY RESIDENTIAL (R1) TO AUTO COMMERCIAL (AC) IN COMPLIANCE WITH THE LAND USE PLAN, LOCATED ON THE WEST SIDE OF THIRD AVENUE BETWEEN VAN BUREN AND D STREETS WHEREAS, the owners of Lots 2, 4 and 5, Block 2 Oceanview Subdivision have submitted an application and the filing fee, requesting their lots be rezoned from Single Family Residential (RI) to Auto Commercial (AC); and WHEREAS, the current Zoning of the three parcels is Single Family Residential (RI) and the current Land Use Plan map designation recommends the parcels be rezoned to Auto Commercial (AC); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and the rezone is recommended by the Land Use Plan; and WHEREAS, the Auto Commercial district was established to provide areas to accommodate highway -oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic, and parking; and WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into conformance with the Land Use Plan; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 6, 2010. r, .?) & . J Seward Planning and Zoning Resolution 2010-03 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends the attached Ordinance 2010-_ be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6�' day of April 2010. THE CITY OF SEWARD, ALASKA Sandi Roach', Chair AYES: Ecklund, Morgan, DeMarco, Heinrich, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Two ATTEST: Ii an Levis,ty Cler (City Seal) VP oo�ooj� Lei OF Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $18,763.88 FROM THE CAPITAL ACQUISITION FUND AND $11,236.12 FROM THE ROAD/STREETS FUND NET ASSETS FOR CONTRACTED SERVICES FOR EMERGENCY SIDEWALK REPAIR AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT NOT -TO -EXCEED $30,000 WHEREAS, the high volume of pedestrian traffic on these sidewalks creates an emergency safety hazard to the residents and visitors in Seward; and WHEREAS, there is an urgent need to mitigate and reduce hazards to pedestrians; and WHEREAS, an injury occurring from any damaged area of sidewalks could present the City of Seward with liability; and WHEREAS, there are currently unused funds from the capital acquisition fund previously intended for dredging and remaining funds from road/street fund net assets that could be combined and used to mitigate these emergency sidewalk repairs; and WHEREAS, the appropriation of these funds to emergency sidewalk repair will reduce the hazards to pedestrians and visitors to Seward; and WHEREAS, the allocation of funds for emergency sidewalk repair is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council is appropriating $18,763.88 from the capital acquisition fund and $11,236.12 from the roads/streets fund net assets for contracted services for emergency sidewalk repair for a total $30,000. Section 2. The City Manager is authorized to enter into an agreement for emergency sidewalk repair for an amount not -to -exceed $30,000. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this loth day of May, 2010. 11. 4� 3 Council Agenda Statement Meeting Date: May 10, 2010 Through: Phillip Oates, City Manager From: William Casey, Public Works Agenda Item: Emergency sidewalk repair and authorizing the City Manager to enter into an agreement not -to -exceed $30,000 BACKGROUND & JUSTIFICATION: It is apparent to City staff and members of the community that the condition of some of the sidewalks downtown necessitate immediate attention. The high volume of pedestrian traffic on these sidewalks warrants an emergency need to mitigate and reduce slips, trips and fall hazards to pedestrians and visitors. The extensive damage to the sidewalks poses a hazard to pedestrians in Seward. There are currently unused funds in the capital acquisition fund previously intended for dredging. These funds were originally appropriated from the General Fund to the Capital Acquisition Fund. The appropriation of a portion of these funds to emergency sidewalk repair will reduce the hazards to pedestrians. In order to complete the work expediently, the city manager is seeking authorization to appropriate funds and enter into an agreement not -to -exceed $30,000 for emergency sidewalk repair. INTENT: To appropriate $18,763.88 from the capital acquisition fund and $11,236.12 from the roads/streets fund net assets to account no. 203-2030-5390 for emergency sidewalk repair and enter into an agreement not -to -exceed $30,000. FISCAL NOTE: Funding in the total amount of $30,000 is hereby appropriated into contracted services account no. 203-2030-5390 from the following: $11,236.12 from roads/streets fund net assets account no. 203-0000-3050, and the remaining $18,763.88 from the capital acquisition fund net assets account no. 103-0000-3071-0203. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council supports Resolution 2010-g5appropriate $18,763.88 from the capital acquisition fund and $11,236.12 from the roads/streets fund net assets to account no. 203- 2030-5390 for emergency sidewalk repair and enter into an agreement not -to -exceed $30,000. CITY OF SEWARD, ALASKA Sponsored by: RESOLUTION 2010-046 A RESOLUTION OF THE CITY OF SEWARD, ALASKA, APPROPRIATING AN ADDITIONAL $20,720 TO ACQUIRE PROPERTY RIGHTS NECESSARY TO CONSTRUCT THE NORTH FOREST ACRES LEVEE/ROAD PROJECT ACROSS TRACT B, DIECKGRAEFF-GILLESPIE REPLAT, FOR A TOTAL COST NOT TO EXCEED $71,720 WHEREAS the Seward City Council passed Resolution 2010-025 on March 22, 2010, authorizing eminent domain proceedings to acquire property rights necessary to construct the North Forest Acres Levee/Road Project; and WHEREAS, said Resolution expressed the willingness to pay the owners fair market value for a public use easement and in addition, an amount equal to fair market fee value for damages to the area north of the easement; and WHEREAS, said Resolution further expressed a willingness to pay the higher of two peer - reviewed independent appraisals aimed at determining the fair market value of the public use easement plus the fair market fee value for damages to the area north of the easement; and WHEREAS, the first appraisal report was dated April 6, 2009 by MacSwain Associates, LLC ("MacSwain") resulting in a total value of $46,300, and the second appraisal report was dated April 26, 2010 by Black -Smith, Bethard & Carlson (`BSBC"), resulting in a total value of $65,200 ($23,000 value of easement plus $42,200 damages); and WHEREAS, the purpose of this resolution is twofold; 1) to appropriate additional funding in the amount of $20,720 as necessary to pay the higher of the two appraisals ($65,200) plus an additional 10% of $6,520, for a total cost to the City of $71,720; and 2) to authorize the city manager to enter into a negotiated settlement by May 14, 2010, or to proceed as authorized by Resolution 2010-025, to institute eminent domain proceedings including the use of a declaration of taking. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The additional amount of $20,720 is hereby added to the $51,000 previously appropriated in Resolution 2010-025, for a total appropriation of $71,720, constituting the appraised fair market value for a public use easement plus the fair market value for damages to the remaining property Tract B, Dieckgraeff-Gillespie Replat, with said funding to come from net assets account no. 666-6664-3050 to account no. 666-6664-5790 for the purposes stated above. r; r r. CITY OF SEWARD, ALASKA RESOLUTION 2010-046 Section 2. The City Manager is hereby authorized, but not required, to seek a negotiated settlement with the owners to conclude no later than May 14, 2010, so long as the total cost to the City of any such settlement shall not exceed $71,720 and the owners provide the City with the immediate right to occupy and use the land. If a settlement agreement includes replatting to be paid for by the City, such agreement will require additional appropriations and further approval by the City Council Section 3. Failure to reach a negotiated settlement with owners by May 14, 2010 will result in the City Manager and City Attorney instituting eminent domain proceedings including the use of a declaration of taking against Tract B, Dieckgraeff-Gillespie Replat, as authorized by Resolution 2010-025. Section 4. This resolution shall take affect immediately upon adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this loth day of May, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 10, 2010 From: Phillip Oates, City Manager Agenda Item: Additional Appropriation to Acquire Property Rights for Tract B, Dieckgraeff-Gillespie Replat In An Amount Not To Exceed $71,720.00 BACKGROUND & JUSTIFICATION: For more than ten years, the City of Seward has been working with state and federal agencies to finalize permitting for construction of the North Forest Acres levee/road project. This project resulted from a flood mitigation task force developed at the request of FEMA, following major flood events in Seward during the past twenty years. In efforts to obtain permits to construct the North Forest Acres levee/ro ad, the City fought to construct the levee as far to the north as possible, in order to minimize the impact on property owners and provide as much protection of property as possible. The agencies preferred the levee to be further south, in order to minimize the impact on wetlands and fish habitat. This conflict resulted in a decade -long effort to determine the exact alignment of the levee/road that would gain acceptance from all agencies involved in the project. Given the protracted debate over alignment, it is clear that this final piece of property is key to proceeding with the project, and that an alternative alignment is not possible. At its meeting of March 22, 2010, the Seward City Council passed Resolution 2010-025 authorizing the City Manager and City Attorney to institute eminent domain proceedings, including the use of a declaration of taking against Tract B, Dieckgraeff-Gillespie Replat, in order to proceed with construction of the North Forest Acres Levee/Road Project. The resolution further authorized a second peer -reviewed appraisal to be conducted by an independent appraiser not previously involved in appraising this property on behalf of the City, in order to ensure that the City was offering to pay fair market value for the required easement, and fair market fee value for damages to the area north of the easement. The resolution authorized the City to pay the higher of two independent, peer - reviewed appraisals. The first independent peer -reviewed appraisal report by MacSwain Associates, LLC dated April 6, 2009, resulted in a value of $46,300 for the easement and the damages to the remainder resulting from the easement. The second independent appraisal report by Black -Smith, Bethard & Carlson assigned a value of $65,200 to the easement and the damages. After adding an additional ten percent (10%) to the higher of the two determined values the total cost to the City ($65,200 plus $6,520) is $71,720. The City Manager may seek to pursue a negotiated settlement with the owners, provided that such settlement is reached no later than May 14, 2010. The purpose of the settlement would be to see whether the parties can reach agreement on a settlement, based on the recent appraisal, without the need to proceed with eminent domain proceedings. Authorizing a settlement agreement may enable the parties to achieve a more mutually desirable outcome, without incurring additional costs to the City above the authorized $71,720. The authorized amount does not include the cost of the driveway relocation, which the City has agreed to pursue outside of this transaction. The owners have expressed the potential desire to "square -off' their remaining bow -tie property to the South of the proposed easement. It maybe possible for the City to trade a portion of its existing property east of the bow -tie property in exchange for a reduction in the cost paid for the easement and damages. The owners have also expressed a preference for the City to own the property to the north of the proposed easement in fee, rather than as an easement. The authorized settlement amount of $71,720.00 also excludes any costs associated with replatting property which the City might incur if a land exchange or replatting is part of a proposed settlement. If so, eminent domain proceedings will move forward while settlement negotiations continue CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: This resolution requests additional funding of $20,720 in order to pay the higher ofthe two appraisals conducted on Tract B, Dieckgraeff-Gillespie Replat, and provides a final opportunity to seek a negotiated settlement prior to the City instituting eminent domain proceedings. ATTORNEY REVIEW: Yes FISCAL NOTE: Funding for this acquisition will come from the North Forest Acres Levee/Road Project. Approved by Finance Department(,a_/4- 4 6� a 4 1 - P14 C RECOMMENDATION: Approve Resolution 201 O-q�huthorizing an additional appropriation of $20,720 for a not -to -exceed amount of $71,720, for the acquisition of property rights necessary to construct the North Forest Acres Levee/Road Project. CITY OF SEWARD, ALASKA Sponsored by: Oates RESOLUTION 2010-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PROPERTY RIGHTS NECESSARY FOR CONSTRUCTION OF THE NORTH FOREST ACRES LEVEE/ROAD PROJECT ACROSS TRACT B, DIECKGRAEFF-GILLESPIE REPLAT WHEREAS the administration has engaged in negotiations regarding the acquisition of Property rights for the North Forest Acres Levee/Road (the "Project"); and WHEREAS, successful negotiations have been completed with owners of 20 of the 21 Parcels needed to construct the Project; and WHEREAS, the City has made every reasonable effort to acquire Tract B, Dieckgraeff- Gillespie Replat by negotiated agreement in accordance with applicable law; and WHEREAS, the City offered to obtain a driveway permit from the Alaska Department of Transportation and Public Facilities and to relocate the existing unpermitted driveway, despite acknowledging that the Project will not touch the existing driveway (estimated value, approximately $8,500.00); and WHEREAS, further delay as a result of continued non -productive negotiations would have a detrimental effect upon the cost and scheduling of the Project; and WHEREAS, the Decisional Document presented at this meeting fairly summarizes the attempts to reach a negotiated settlement and the situation now faced by the City, supporting use of the City's power of eminent domain in this instance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The decisional document in the form presented at this meeting has been reviewed and accepted by the City Council and is approved for use in filing a declaration of taking for the property described at Tract B, Dieckgraeff-Gillespie Replat. Section 2. It is hereby determined that a public use easement is to be acquired across Tract B, Dieckgraeff-Gillespie Replat as further described in the attached decisional document. This acquisition is hereby determined to provide the greatest public good for the least private injury. Section 3. The City Manager and City Attorney are authorized to institute eminent domain proceedings including the use of a declaration of taking against Tract B, Dieckgraeff-Gillespie Replat to proceed with the construction of the North Forest Acres Levee/Road Project. 31 s CITY OF SEWARD, ALASKA RESOLUTION 2010-025 Section 4. The City is willing to pay to the owners (Ray Gillespie, Tom Gillespie, and Catherine Weiford) fair market value for the public use easement and in addition, an amount equal to fair market fee value for damages for the area north of the easement area. Fair market easement value and fair market fee value for the north remnant after the exercise of eminent domain is $46, 300, based on the appraisal report dated April 6, 2009 by MacSwain Associates, LLC, or as determined by a second appraisal to be obtained by the City, whichever is higher. Section 5. The amount of $51,000, constituting the appraised fair market value plus approximately 10%, is hereby appropriated from fund balance account no. 666-6664-3050 to account no. 666-6664-5790 for the purposes stated above. Section 6. This resolution shall take affect 30 days from adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d day of March, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor a2 COUNCIL AGENDA STATEMENT Meeting Date: March 22, 2010 From: Phillip Oates, City Manager Agenda Item: Resolution 2010-025, authorization to proceed with eminent domain for Tract B, Dieckgraeff-Gillespie Replat. BACKGROUND & JUSTIFICATION: For more than ten years, the City of Seward has been working with state and federal agencies to finalize permitting for construction of the North Forest Acres levee/road project. This project resulted from a flood mitigation task force developed at the request of FEMA, following major flood events in Seward during the past twenty years. The task force was comprised of many local, state, and federal agencies which all shared the goal of reducing future flooding impacts to public and private property. The agencies included FEMA, State of Alaska DOT, the City of Seward, Kenai Peninsula Borough, the State floodplain manager, the Alaska Railroad, and other agencies charged with providing for public safety and health. This task force identified a number of major infrastructure projects which would mitigate future flooding, protecting life and property. These projects included elevation of the Seward Highway, reconstruction of the railroad trestles to eliminate build-up of debris, and construction of a levee, to name a few. In efforts to obtain permits to construct the North Forest Acres levee/road, the City fought to construct the levee as far to the north as possible, in order to minimize the impact on property owners and provide as much protection of property as possible. The agencies preferred the levee to be further south, in order to minimize the impact on wetlands and fish habitat. This conflict resulted in a decade -long effort to determine the exact alignment of the levee/road that would gain acceptance from all agencies involved in the project. Given the protracted debate over alignment, it is clear that this final piece of property is key to proceeding with the project. This final piece of property is key to the project for a number of reasons. First, agencies debated for more than a decade before finally agreeing to the alignment which includes this parcel. Second, its location adjacent to the Seward Highway makes it subject to State of Alaska Department of Transportation and Public Facilities regulations, which maintains minimum distance requirements for siting a road south of the existing bridges. And third, its location to the extreme east of the project makes it critical due to the need to channel water as far to the north as possible, in order to prevent the same flood challenges experienced in the past (over -topping the highway, damage to the railroad, airport, etc.). After obtaining final permits for the project in 2009, the City began negotiating with property owners to purchase the property needed for the project. To date, the City 33 CITY OF SEWARD RESOLUTION 2010-025 Council has approved all necessary property purchases for this property, with the exception of this final piece of property. City representatives have been in discussions with the current property owners for more than six months, with the aim of reaching a negotiated settlement to purchase the property. After numerous offers to the owners based on a peer -reviewed fair market value appraisal, it is clear that a negotiated settlement is not possible. This forms the basis for recommending to the City Council, that the City exercise eminent domain authority in order to obtain a critical piece of property necessary for this major public project. Further delay of this project will not only impact the cost and scheduling of the project, but could result in the City losing the remaining federal funding to construct the project, due to the length of time it has already taken to finalize the project. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: This resolution requests that Council grant the City Manager and City Attorney authority: ( to pursue taking Tract B, Dieckgraeff-Gillespie Replat, using the City's power of eminent domain and paying the owners fair market value. ATTORNEY REVIEW: Yes FISCAL NOTE: The City will obtain another third -party appraisal in order to obtain updated appraisal information and will then proceed with eminent domain authority. Costs for the appraisal and the purchase of property at fair market value will be borne by the project. Approved by Finance Department J 4,.-& Z: A "Q RECOMMENDATION: Approve Resolution 2010-025 authorizing the City Manager and City Attorney to pursue use of eminent domain authority to acquire Tract B, Dieckgrae€f-Gillespie Replat. 3 4 Decisional Document North Forest Acres Levee/Road Part 2. Decision Making Process Prepared for: City of Seward P.O. Box 167 Seward, AK 99664 Prepared by: HDR Alaska 2525 C Street, Suite 305 Anchorage, AK 99503-2832 March 2010 35 Table of Contents Decisional Document Part 2. Property Owner Negotiations Summary Gillespie/Weiford Property................................................................................................1 Definition of Terms: FEE Total acquisition of property PUE Public Use Easement, City of Seward pays 100% of fair market value per foot for the easement. City has perpetual right to use or develop the PUE area for public streets, highway, levee, walkway, trails, utilities. Owner retains underlying fee ownership of easement area. Appendix A. Parcel Map of Proposed Public Use Easement e* n _ 4. 0 Tract B, Dieckgraeff-Gillespie Replat: Gillespie and Weiford Tract B, Dieckgraeff-Gillespie Replat is a 2.35 acre, undeveloped property located along the west side of the Seward Highway south of the Resurrection River and is owned by Raymond A. Gillespie, Tom Gillespie, and Catherine A. Weiford. The owners also own the adjacent 4.6 acre unsubdivided parcel south of Tract B. The City of Seward (City) is requesting eminent domain authority to acquire a 13,927 square foot public use easement (PUE) on Tract B. The PUE is required for construction of the Forest Acres Levee and Access Road Project. On September 9, 2009 the City offered to purchase an 11,927 square foot (so PUE on this property. Alternatively, because the owners stated they did not wish to retain ownership of the remnant area north of the project area, the City offered to purchase the entire Tract B in fee. The City's offer was based on independent fee appraisals and independent fee appraisal reviews procured by the City of Seward. The City also offered to process a Department of Transportation (DOT) driveway access permit. On September 29, 2009 the owners' attorney questioned the need for the 2000 sf "dogleg" portion of the PUE south of the project corridor (parallel to the Seward Highway), pointing out that the City had not requested a corresponding "dogleg" portion of the PUE north of the project corridor. On October 1, 2009 the City responded explaining that because the owners stated they did not wish to retain ownership of the area north of the road/levee the City offered to purchase all of Tract B. The City further explained that if the owners retained ownership of the area north of the levee/road a "dogleg" easement would also be required north of the levee/road to support the new levee/road in that area. On December 15, 2009 the property owners presented a counter-offer substantially higher than the City's offer. The City did not accept the counter-offer and on December 28, 2009 offered to purchase the PUE project corridor area and the remnant property north of the PUE area as easement area or in fee. The City of Seward's revised offer was not accepted by the owners. On January 28, 2010 the City made a settlement offer for an increased purchase price for easement or fee property rights and offered to decrease the size of the PUE or to acquire a portion of the PUE as a slope easement. This offer was rejected by the owners February 17, 2010. The City made a substantially increased final settlement offer February 22, 2010. This offer was rejected by the owners February 28, 2010 who presented a higher counter-offer that was rejected by the City. The City of Seward has made a diligent, conscientious effort to acquire the required property rights through good faith negotiations. The City remains amenable to reaching a mutually satisfactory settlement with the owners in lieu of litigation. Because no agreement has been reached on acquiring the remnant area north of the corridor area in easement or fee, it is necessary to acquire an additional 2,000 sf of PUE area north of the project corridor. The City is willing to pay the owners full fee value for the PUE area required, and in addition, full fee value for the north remnant area while allowing the owners to retain ownership of that area. The City is also continuing processing the DOT driveway permit and plans to relocate the existing driveway when the City has the right to begin construction on the property. In summary, failure to acquire this requested property would prohibit the necessary construction of the project. On the balance, this design, including the PUE acquisition of 11,997 sf and an additional 2,000 sf north of the project corridor as shown on the attached parcel map, is judged to best serve the greatest public good with the least private harm. The owners have stated they are willing to sell the required property rights for a fair price. The City and the owners have reached a negotiations impasse as of the writing of this document and this property is necessary for this project. This acquisition can be resolved in a fair and equitable manner through eminent domain proceedings. J 4 _ E Z16 S27 S34 TR A too o�52, 342 �'�� / IleO. f S7Go „W i /ice PG1- ♦ i P�••'• ♦♦�. 01- 60 UTILITY R.O.W. 0� th . • ♦/ North Remainder +� y...............,..:..../ 1.320 Ac. Tr t 0 LOT s Line Data 1 Wm. Nicholas Cline; i % LS-7569 i CA 1.3�tz/Jcr ,.•°•�• • ♦ w TR 5 FOREST ACRES SUBDI VISION LOT 4 A3ro P �0 •. LEGEND P Found Rebar & Pl. Cap LS 7328 ?9, South Remainder ry p^+•.sf� 0.709 Acreso9 44 Found Monument 610—S, 1964 �b(0/ PU PARCEL MAP Unsubdivided 0�O ' 4OSP NOTES ��Qy 1. Boundary Location for Tract B is per Plot Number 94-12, Seward Recording District 2. Basis of Bearing is per Record of Survey Number 2008-22, Seward Recording District. J. Driveway locations provided by Nelson and Associates. BLIL, USE EASEMENT TRACT B DIECKGRAEFF—GILLESPIE REPLAT CITY OF SEWARD NORTH FOREST ACRES LEVEE PROJECT PARCEL NUMBER RES 017 within Section 34, TIN, RTW, S.M., Ak. CLINE & ASSOCIATES P.O. BOX 2703 SEWARD, ALASKA 99664 907-224-7324 F/ELD BOOK. 08-6 DATE.•03/12/10 DWG.•08-34P4R 17PUE2 SCALE. 1 = 100' APPENDIX A r, 09 City of Seward, Alaska City Council Minutes April 26 2010 Volume 38, Page CALL TO ORDER The April 26, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Vanta Shafer Tom Smith comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — None Linda Amberg Bob Valdatta Marianna Keil CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Paul Tougas had published the city calendar for four years for the community and he thought it delivered value to the City of Seward. He was requesting to work and publish the city calendar for a fee now and asked for support. Lee Poleske was in favor of Resolution 2010-031, supporting the Wada Association. He was on the Iditarod Board, and was always reminding people that Seward was Mile 0 of the Iditarod and how important Seward was to the Iditarod. Jujiro Wada had pioneered the trail and he thought it would be an important site to visit for this association, and the city should take advantage of it for all the exchange activities. Poleske notified that the Iditarod Trailblazer Board members from around the state would be meeting in Seward for the first time May 7 and 8, 2010, with a public reception being held. Edgar Blatchford spoke in favor of Resolution 2010-031. He apologized for Dr. Nakazawa who could not make it down to Seward because of a new grandson. Blatchford would stay around to answer any questions on the Wada Association if needed. Tim McDonald spoke against the eminent domain on the Gillespie property. He disagreed that it was a safety issue and not a property issue and that the time frame of six months was not in City of Seward, Alaska City Council Minutes April26, 2010 Volume 38, Page line. He listed some property that was expensive to purchase in the past such as; Kawabe, Long Term Care Facility, and Coffee cup. He wanted the council to think seriously on prices and negotiations. Keith Campbell, also spoke in favor of Resolution 2010-031. He stated he had went to Japan on a trade mission before, and without them, Seward would not have the coal facility or the first instructional radar and bridge systems for AVTEC, which were fruits of these kinds of trips. Campbell thought these trade missions had paid off for the city over the years. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Bardarson) Approval of Agenda and Consent Agenda The following was added to the agenda: A discussion on navigability issues. Motion Passed Unanimous The clerk read the following approved consent agenda items: The April 12, 2010 Regular City Council Meeting Minutes Were Approved. Resolution 2010-042, Adopting The Planning And Zoning Commission Priorities From April 2010 To April 2011. The following Ordinance was introduced by consent and a public hearing was set for May 10, 2010. Ordinance 2010-001, Amending The Zoning Map Designation Of Lots 2, 4 & 5, Block 2, Oceanview, From Single Family Residential (R1) To Auto Commercial (AC) In Compliance With The Land Use Plan, Located On The West Side Of Third Avenue Between Van Buren And D Streets. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Proclamation Was Read And Presented Honoring Barry Bruning As Spring Creek Correctional Center's Employee Of The Year. The Seward City Council Recognized Doreen Valadez For Perseverance In Solving A 30-Year Cold Case. City of Seward, Alaska City Council Minutes April 26, 2010 Volume 38, Page A Meritorious Service Bar Was Presented To Doreen Valadez From Police Chief Tom Clemons From The Seward Police Department. (The only meritorious service bar ever awarded in Seward) A Proclamation Was Read Recognizing The Terry's Tires And Lube Sponsored Bike Rodeo. A Proclamation Was Read For Super Saturday Clean Up. A CROP Hunger Walk Day Proclamation Was Read And Presented To Jackie Campbell. A Proclamation For National Library Month Was Read And Presented To Patty Linville. City Manager's Report, City Manager Phillip Oates had met with the state lobbyist to go over all the projects and line item vetos that the Governor would be looking at. He noted Phase I was complete on redoing the electrical under Lowell Point Road. The Electric department stated the road was open for now and they would begin Phase II as soon as equipment arrived. Oates stated a job quote, not to exceed $12,000, had been accepted from Alaska Soil Recycling to remove, sample and dispose of -the. waste barrels abandoned on City property along Nash Road in May of 2008. Investigation into this illegal dumping was ongoing with the Police Department. Oates had attached a memo regarding scoring criteria for the security camera system for the Police department. He had traveled to Seattle with a contingent from Seward including Mayor Dunham, Laura Cloward, and other representatives from Seward area businesses. While there, they visited Holland America, Princess Tours, Northland Services Inc., TOTE, The Freezer Longline Coalition, and Crowley Maritime Corp to thank those businesses and review opportunities for improving partnerships with the. City. Oates reported on projects that department's were working on, read in depth all the programs the Parks and Recreation department were conducting, and stated FEMA/FIRM maps were posted for community review. The Community Development Office was moving from the Petro Plaza building into city hall next week, and Oates explained the changes of departments for some of the city's permits. He hoped to have a report on the issue of fluoride in the near future. Mayoral Report, Mayor Willard Dunham had a written report laid down before the council and spoke about a trip taken to Seattle, Washington where they spoke with representatives about the cruise industry, harbor business, and future partnerships. He had attended the culinary art training at AVTEC with a guest chef from the Glacier Brewhouse, who had graduated from AVTEC. Dunham thanked John Foutz for spending hours and hours for working on the GRETC and Lowell Point Road. He commended his tireless work ethic for the City. Other Reports, Announcements and Presentations City of Seward, Alaska City Council Minutes April 26, 2010 Volume 38, Page A Quarterly Report Was Given By Chair Ron Long of The Port And Commerce Advisory Board. A Seward Community Library Museum Building Committee Update By Keith Campbell Was Given. Council recessed at 8:32 p.m. Council resumed at 8:42 p.m. UNFINISHED BUSINESS Resolution 2010-031. Supporting Shared gponser-sWp The Concept Of The Japan And Alaska Jujiro Wada Memorial Association Trade Mission Exchanging Opportunities To Grow Travel Trade Via Tourism Market Promotion Of Marathon AndSportEvents And Approving The Submission Of A $5,000 Discretionary Grant And An Under $2,000 Alaska Humanities Forum Grant To Assist With Costs Associated With Travel For The Trade Mission Executive Delegates And Their Planned Proposal. Motion (Keil/Shafer) (As previously stated April 12, 2010) Amendment (Keil/Bardarson) Approve Resolution 2010-031 Accept the revised laydown version which removed- the words "shared sponsorship" and added "the concept" from the title; removed the word "sponsor" from the 4tn Whereas and added the word "support" instead; added wording to the P whereas; removed the words "in state travel and accommodations, project web site costs" from the 6`h whereas. In Section 2, remove the word "proposal" and add "concept proposed", and remove the words "and agrees to co-sponsor this event" and add "to promote cultural activities",- in Section 3, remove the words "any costs associated with the city share hosting this delegation in September, 2010, with costs not to exceed $5,000 coming out of the Mayor/council Contingency Fund #101-1110-5690" and added "air travel costs for the trade mission executive group and start up of the history project's website." Add a Section 4 that reads, "The City of Seward along with other private and non-profit sponsors agree to hold a reception and host the first inaugural 43 City of Seward, Alaska City Council Minutes April 26, 2010 Volume 38, Page Jujiro Wada Memorial Run over the Labor Day weekend here in Seward." Amberg wanted to know the actual costs. Shafer thought other non -profits could assist with putting on the run. Amendment Passed Unanimous Council unanimously suspended the rules to allow Edgar Blatchford to speak to Resolution 2010-031. Main Motion Passed As Amended Unanimous NEW BUSINESS Resolution 2010-039, Authorizing The City Manager To Enter Into An Agreement With PHT, LLC dba/Seward City News And Approving Additional Non -Required Electronic Publishing For The Weekly City Calendar At An Annual Rate Of $2,660 For The Year 2010 And An Annual Rate Of $3,952 Through December Of 2011. Motion (Keil/Bardarson) Approve Resolution 2010-039 Oates explained this was additional non: -required electronic publishing of the weekly city calendar only, to be posted in the Seward City News and recommended approval. Rules Were Suspended To Allow Questions Answered By Owner, Paul Tougas. Motion Passed Unanimous Resolution 2010-040, Selecting "Historic Preservation Exhibit Design For Seward Museum" As A Grant Project For A State Of Alaska, Department Of Natural Resources, Historic Preservation Fund Grant,. And Authorizing The City Manager To Submit The Grant Application To The Office Of History And Archaeology, Alaska Division Of Parks And Outdoor Recreation. Motion (Bardarson/Shafer) Approve Resolution 2010-040 Oates stated there were minor changes to the title of the agenda statement and an elimination to the last paragraph because of a proofreading error, but nothing else had changed. This grant funding must be endorsed by the city council. The focus of this grant was to work with community planners on museum themes, visitor experiences and interpretive techniques. The total cost of the project would be $16,050.00, with a local share of $6,420.00 provided by Resurrection Bay Historic Society as cash and in -kind services. ;, 4 City of Seward, Alaska City Council Minutes aril 26, 2010 Volume 38 Page The laydown agenda statement with changes was supplanted by unanimous consent. Motion Passed Unanimous Resolution 2010-041, Placing The Seward Light And Power Company Intake Building On The Seward Register Of Historic Places. Motion (Bardarson/Amberg) Approve Resolution 2010-041 Oates narrated the established history in 1995 of the addition of the Seward Register of Historic Places and the desire for local preservation and recognizing historic properties. This particular property was on DNR property high up Lowell Canyon and from 1923 to 1950, supported power to the community. Amendment (Bardarson/Keil) Add a Section 2 that says; "This designation is to recognize historical significance only, with no other legal ramifications. Oates thought that was a good amendment stating this building played a significant role in Seward's past, but placing it on this local historic register wasjust a recognition and was not binding. Amendment Passed Unanimous Main Motion Passed Yes: Valdatta, Amberg, Bardarson, Shafer, Keil, Mayor Dunham No: Smith Resolution 2010-043, Endorsing The Library Museum Schematic Design Concept As Attached Motion (Keil/Bardarson) Approve Resolution 2010-043 Oatesstatedthe library museum project was selected as the centennial project for 2012 from a list of community projects. It had gone through an extensive planning process and should be about 16,000 square feet of building. This was for supporting the 35% design concept and there was no fiscal impact associatedwith this resolution. Approving money would come in later stages and a work session would be needed soon. Motion Passed OTHER NEW BUSINESS Unanimous A Vt work session was scheduled for May 27, 2010 at 7:00 p.m. to work on Title 7 issues with PACAB. A 2nd work session would be on June 21, 2010 at 7:00 p.m. 4-0 City of Seward, Alaska City Council Minutes April 26, 2010 Volume 38, Page A work session was scheduled for May 27, 2010 at 5:00 p.m. on the library/museum project. The work session on wellness initiatives and programs was re -scheduled to June 28, 2010 at 5:00 p.m. Discussion On Navigability Issues. Keil spoke about recent meetings in Seward and was distressed about patents not mattering, how that would affect Metco, and state property ownership issues around meandering creeks such as 4`h of July Creek area. She thought if some of these areas were owned by the state, who was responsible for flood control? She cited the Hunz v SOA case in Juneau, and thought this subject had some disturbing aspects and ill affects for the community. She requested a work session because it was important to learn more about navigability issues. A work session on navigability issues was set for June7, 2010. INFORMATIONAL ITEMS AND REPORTS (No action required February 2010 City Financials February 2010 Providence Financials Mayor Dunham's letter sent to Attorney General, re: coal facility. COUNCILS' COMMENTS Amberg stated the Boy Scout Jamboree would be here in May with over 900 people and that historically they always assisted the community with trash pickup. Keil congratulated Doreen Valadez and Barry Bruning on their prestigious awards. She notified the community to attend the Borough Assembly meeting in Seward May 4, 2010 because a big issue was the Borough budget not funding the schools to cap this year. Bardarson thanked the public for their input on the sidewalks and streets. Shafer also congratulated Doreen Valadez and Barry Bruning. Smith thought the city needed to be involved with the Wada Association and thought another entity could pick up the organization of the running event. Valdatta asked about the pipeline project and found out it was the Trans -Canada one. Dunham congratulated the Chamber of Commerce on how many conferences were being held this year. He also spoke of the 212 military rescue team possibly coming to Seward in May. Dunham said $4 million dollars was taken off the school budget to cap and had passed by a 6-3 margin. He thought it was a terrible thing to happen and hoped people would come out in droves 14 a City of Seward, Alaska City Council Minutes April 26, 2010 Volume 38 Page while the Borough Assembly was in Seward May 4, 2010 because this really stressed the schools. Dunham had also spoken with Patricia Williams on the phone and stated how great it was to speak to her. CITIZENS' COMMENTS Tim McDonald thought it was a consensus among property owners that navigability was just a land grab that the State made money from. He thought the city of Seward was gravel rich. The Jujiro Wada Association he liked. He wanted the Association and city to fill the mile and half hole on the Iditarod trail from Mile 0 to Nash Road by building a bridge back by the runway at the airport to connect the meridian with the Iditarod trail. He thought they could also use it to protect the wetlands. He counted 300 ducks and numerous sandhill cranes at the head of the bay the other day and thought it could be a world famous spot. McDonald thought government "spending was out of control and they were out of touch with the citizens. He said the federal government was stretched too thin and the cookie jar would be shut down soon, so he didn't want new infrastructure the city couldn't pay for later. Kerry Martin thanked councilmember Keil for bringing up navigability. He had been surprised the city and borough had not been involved much before now. He stated this potentially clouded the ownership title. Martin also stated there would be over 1025 boy scouts in town on May 21, 2010 and they would be having a concert -on Friday night on the beach that would be open to the public. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 10:20 p:m. Jean Lewis CMC City Clerk (City Seal) Willard E. Dunham Mayor 117 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Honorable Mayor Norihisa Yonezawa Obihiro City Hall Nishi 5, Minami 7-1 Obihiro-Shi, Hokkaido 080-8670 Japan Dear Honorable Mayor Yonezawa; City of Seward, Alaska 1963 1965 2005 All -America City COPY Let me start by saying congratulations on your elected appointment as Mayor of the fine city of Obihiro, Japan! It has been an honor and a privilege working with your office and with your predecessor Mayor Toshifumi Sunagawa. My name is Willard E. Dunham, and I am the Mayor of the City of Seward, Alaska, where we have enjoyed over 35 years as your sister -city. We are in preparation for not only the annual student exchange program between our two cities, but are also exchanging adults this year for the Adult Citizen's Exchange that was paid for by Mr. Ohsono, and managed through your International and Domestic Relations Section and our small Seward International Friendship Association (SIFA). On another topic, both our cities have birthdays coming up in 2012 and 2013. We have sent a written proposal to see if Obihiro would be interested in a small artist delegation travelling and painting a mural in each other's sister city. Seward, Alaska has been designated the mural capital of Alaska, and we have a group of citizens that have contracted and painted some beautiful murals that are depicted throughout our community. I have attached the website for your information. It is www.sewardmuralsocieiy.com Gifting an Alaskan mural for our sister city of Obihiro would be an honor and quite an exciting project. A Japanese themed mural would be an incredible addition to our collection. Many travelers and Alaskans alike enjoy and learn from the historic and artistic content of these public mural projects. However, there are logistics and timelines to consider. Each city would have to select a location for the mural with sizes and dimensions, and whether it be freestanding or attached on a wall. Each city would provide homestays for the visiting artist delegations and bear the cost of materials. If Obihiro decides this is a worthy project to consider, locations, sizes and dimensions of murals for both cities would have to begin soon. So, please let us know soon if this sounds like a viable project for us to take on together. We look forward to your reply, and working with Obihiro on this unique endeavor to further enhance our cities longtime reciprocal friendship. Again, congratulations on your prestigious appointment as Mayor of Obihiro city. Sinccerejy, Willard E. Dunham Mayor of the City of Seward, Alaska City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Valley Power Systems Mike Stevens 425 South Hacienda Boulevard City Of Industry, California 91745 Dear Mr. Stevens; City of Seward, Alaska 1963 1965 2005 All -America City Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, t 4illard E. unham Mayor, City of Seward, Alaska 49 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Metco Dave Dieckgraeff 2701 Seward Highway Seward, AK 99664 Dear Mr. Dieckgraeff; City of Seward, Alaska 1963 1965 2005 All -America City 1 I 1 Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, illard E. Dunham Mayor, City of Seward, Alaska 51-0 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Whalen Construction Pat Whalen P.O. Box 112156 Anchorage, AK 99515 Dear Mr. Whalen; City of Seward, Alaska 1963 1965 2005 All -America City Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, ar timn Mayor, City of Seward, Alaska 51 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 John's General P.O. Box 870069 Wasilla, AK 99654 Dear Merle; City of Seward, Alaska 1963 1965 2005 kzftld All -America Citjy 1 Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, 7 illard E. unham Mayor, City of Seward, Alaska �w City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Larry Harmon Harmon Construction P.O. Box 1650 Seward, AK 99664 Dear Mr. Harmon; City of Seward, Alaska 1963 1965 2005 All -America City Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, :i illar . D am Mayor, City of Seward, Alaska 5 1 4�.45Y�P John Slater/Steve Berg Door Systems of AK 18727 Old Glenn Highway Chugiak, AK 99567 Dear Mr. Slater and Mr. Berg; City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 City of Seward, Alaska 1%3 1965 2005 All -America City 1 I 1 Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, lillard E. D Wham Mayor, City of Seward, Alaska 5.4 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038, April 26, 2010 Richard Mitchells Duane Miller Associates 5821 Arctic Blvd. Suite A Anchorage, AK 99518 Dear Mr. Mitchells; City of Seward, Alaska 1963 1965 2005 All -America City Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, Willard E. Dunham Mayor, City of Seward, Alaska J 4) City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Charles Kimmel Electric Power Systems 3305 Arctic Blvd. Suite 201 Anchorage, AK 99503 Dear Mr. Kimmel; City of Seward, Alaska 1963 1965 2005 All -America City 1 I f Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, Willard E. D am Mayor, City of Seward, Alaska J i7 • City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Mike Fall UNIT Company 620 E. Whitney Rd. Anchorage, AK 99501 Dear Mr. Fall; City of Seward, Alaska 1963 1965 2005 All -America City 1 Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. I would also like to express our thanks to your company and your subcontractors that built our long-term care facility, Seward Mountain Haven. It is quite an accomplishment to have that costly of a magnificent project and still keep it to budget. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, i f tilard E. unham Mayor, City of Seward, Alaska 57 d�asKP David Stchyrba Enterprise Engineering 2525 Gambell Street -Suite 200 Anchorage, AK 99503 Dear Mr. Stchyrba; City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 City of Seward, Abska 1963 1965 2005 All -America City Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely, ill ard E. Dunham Mayor, City of Seward, Alaska 58 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038. April 26, 2010 Chris Cole 61 Northarchitecs 3400 Spenard Road, Suite 12 Anchorage, AK 99503 Dear Mr. Cole; City of Seward, Alaska 1963 1%5 2005 All -America City 0 Your company's name has appeared on a design team and subcontractor list for one of our projects. On behalf of the City of Seward, I would like to thank you and your crew and staff for the conscientious and diligent work you performed on our Fort Raymond Substation Generation Plant project. We are happy to have this project nearing completion and we appreciate your willingness to work with us in Seward. Please feel free to call me if you have any questions or comments. Thank you again. Sincerely,. illard E. Dunham Mayor, City of Seward, Alaska 59 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038, April 26, 2010 Scott Hoggarth, General Manager Ship Assist and Escort Services 1102 S.W. Massachusetts Street Seattle, WA 98134-1030 Dear Scott; City of Seward, Alaska 1963 1965 2005 krlyll All -America City Thank you for taking the time to meet with our Seward group on our Seattle visit. It is always a pleasure meeting with your Company and talking about how we can work better with your crews here in Seward. We especially want to thank you for your past business, and look forward to more in the future. Your maintenance crews are very welcome each winter season to us and our local businesses. Our working relationship with Crowley is very important to us and any thing we can do to further it, please don't hesitate to ask. We have presently worked on upgrades to our harbor maintenance and repair procedures. If you or your crew chiefs have any thoughts or input which might be helpful to us in this process we would be pleased to receive them. Thanks again for meeting with us and we look forward to working with you more in the future. Sincerely, Will E. m Mayor, City of Seward, Alaska City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Charlie Ball, President Princess Cruise Lines Tours 800 Fifth Avenue, Suite 2600 Seattle, Washington 98104-3176 Dear Mr. Ball; Just a short note to thank you for meeting with our Seward group. It was enlightening and very helpful in our understanding where our city and your industry are headed into future business in Seward. Our community works with a variety of tourism related business's, day charters, National monument & Parks, and visiting recreational water users, such as; sailing, fishing, etc. Our small town has much to offer and we are pleased with the working relationship your industry and ours enjoy. Each year I believe we make improvements which make our guests and yours enjoy our City and wish to return at some future dates. The transportation service for visitors, which we have received bids on, should be in place this summer, and make it much easier for crews to get around. Thanks again to you and your staff for meeting with us. Seward is ready to help anyway we can and look forward to you visiting our City in the future. And Charlie, sorry about the mix up on where we were supposed to be. Your choice of restaurants really made a hit with all. I had never tried Dim Sum cuisine before and I will have to go back and do it again. Sincerely, Willard E. unham Mayor, City of Seward, Alaska 6 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Paul D. Goodwin, Senior V.P. Onboard Revenue Services 300 Elliott Ave. West Seattle, Washington 98119 Dear Mr. Goodwin; City of Seward, Alaska 1%3 1965 2005 kzftd All -America Ci101 y Just a short note to thank you for meeting with our Seward group. It was enlightening and very helpful in our understanding where our city and your industry are headed into future business in Seward. Our community works with a variety of tourism related business's, day charters, National monument & Parks, and visiting recreational water users, such as; sailing, fishing, etc. Our small town has much to offer and we are pleased with the working relationship your industry and ours enjoy. Each year I believe we make improvements which make our guests and yours enjoy our City and wish to return at some future dates. The transportation service for visitors, which we have received bids on, should be in place this summer, and make it much easier for crews too. Thanks again to you and your staff for meeting with us. Seward is ready to help in anyway we can, and we look forward to you visiting our City in the future. Sincerely, Willard E. Dunham Mayor, City of Seward, Alaska 62 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Bill Northey, Sr. Vice President Northland Services Inc. P.O. Box 24527 Seattle WA 98124 Dear Mr Northey; Thanks very much for taking the time to meet with our Seward group. It was very helpful for us in learning more of your company's planning on how Seward might provide services to your company in our port. As we stated on our visit, Seward is very interested in working with your company and anything we can do to help in your decision. Please do not hesitate to contact out City Manager Phillip Oates or myself for your needs or assistance. Thanks again for meeting with us on our visit to Seattle. I look forward to your using the Port of Seward in the future. Sincerely, Willard E. unham Mayor, City of Seward, Alaska 6 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 April 26, 2010 Kenny Down, Executive Director Freezer Longline Coalition 2303 West Commodore Way Suite 202 Seattle, WA 98199 Dear Mr Down; City of Seward, Alaska 1963 1965 2005 All -America City 1 Thank you for meeting with City Manager Phillip Oates and myself on our recent Seattle trip. Our discussions on how Seward might be able to assist your company's needs was very helpful. The meeting was also enlightening for us and what your company might use of Seward's facilities. Seward has much to offer the fishing industry, with an excellent harbor, highway, air, rail and water accessibility year round. Anchorage, our states largest supplier of goods, is just a couple of hours away for most all needs. The Alaska Railroad and city docks can accommodate any type of vessel and or supplies and utilities. Seward's ability to service a fleet like yours' is excellent. We are continually working on improvements to our harbor and services to the marine industry. AVTEC our vocational training center, has one of the most up to date marine training programs, and is in the process of expanding with another new building under construction. If there are special areas of harbor usage of major importance to a company such as yours, we would appreciate any input you could provide in this area. Seward is very interested in expanding our port service to the fishing industry. Thanks again for taking the time to meet with us. We look forward to you visiting Seward and viewing our harbor facilities. Sincerely, illard E. Dunham Mayor, City of Seward, Alaska Z Cityof Seward QtY of Seward, Alaska P.O. Box 167 1963 1965 2005 Seward, Alaska 99664-0167 bcall Main Office (907) 224-4050 All -America City Facsimile (907) 224-4038 April 26, 2010 David Kilbourn Director of Commercial TOTE 32001 32nd Ave S, Suite 200 Federal Way, Washington 98001 Dear David; Just a short note to thank you for meeting with our Seward group on our trip to Seattle. Our discussions were very enlightening as to your alternate planning and how we might play a part in them. Our present plans are directed toward building and expanding our port facilities. The additional dredging contract has been awarded and will be done this fall. Plans for the lengthening of the freight docks are being looked at now. We look for future funding of these plans to be accomplished in the near future. Also, our discussions of future changes in Alaska shipping were very timely. We too have our eye to the changes that are taking place in our northern waters and how Seward could play a role and grow with them.. Shipping schedules are bound to change the scope of many as the northern route is developed. We believe Seward is in the right spot to play in it. Thanks again for your candidness on TOTE's thoughts for the future. Seward is very interested in playing a part in your company's plans. Sincerely, illard E. Dunham Mayor, City of Seward, Alaska 6 15) STATE CAPITOL PO Boat 110001 ►uneau, Alaska 99811 907-465-3500 fax: 907-465-3532 r rnor Sean Parnell STATE OF ALASKA April 28, 2010 The Honorable William E. Dunham Mayor City of Seward P.O. Box 167 Seward, AK 99664-0167 Dear Mayor Dunham, 550 West 7th Avenue # 1700 Anchorage, Alaska 99501 907-269-7450 fax 907-269-7463 www.gov.alaska.gov Governor@alaska.gov Thank you for your letter regarding the pending citizen's suit brought against the Alaska Railroad Corporation (ARRC) and Aurora Energy Services (AES). As you noted, the State has intervened in several cases involving federal agency actions that threaten economic development. I can report that the Alaska Department of Environmental Conservation (ADEC), Division of Air Quality, is in the process of finalizing a settlement with the ARRC and AES involving notices of air violations issued by ADEC in 2007 and 2008. In addition, last month the ADEC Division of Water conducted a site inspection of the coal facility for storm water compliance (enclosure). ADEC is currently in the process of evaluating the results of its inspection to determine if any additional measures are needed at the facility. I appreciate that you took the time to write and share your concerns. As you requested, I will ask the Attorney General to determine whether our Department of Law might be of assistance. Please contact Attorney General Dan Sullivan at 907-465-2133 to discuss this case and the possibility of intervention by the State in the lawsuit you described. . I , Sean Parnell Governor Enclosure cc: The Honorable Dan Sullivan, Attorney General, Department of Law 66 2/19/2010 Inspection Report APDES INSPECTION REPORT Alaska Department of Environmental Conservation APDES # AKR05CC38 ADEC APDES Inspection Form Last updated (4/08) Division of Water Phone:(907) 451-2298 610 University Ave, Fairbanks, AK 99709 Fax_ (907) 451-2187 1S ection Date ; Permit # Section A: General Data I Facility T e Receivin Waters I Weather 2/1/10-2/2/10 AKR05CC38 Stormwater Current Conditions: 18°F Borou h WPC 900.44.002 ! MSGP Resurrection Bay 0 Days since last snowfall Kenai Discharges to: Surface Water ® Ground Water ❑ >0.1 inches: Peninsula ANNOUNCED Inspection Aurora Energy Services, LLC 903 Port Ave., Seward, AK 99664 On -Site Representative Robert Brown, Facility Manager, Usibelli Coal Mine Inc. Responsible Officia Robert Brown Contacted? ves i Phone: (907) 745-6028 Fax: (907) Email: I Phone: (907) rob@usibelii.com I Email: Loc: Lat: 60.1222 ° Long: 149.4335° Source: NOI - urm1T trrective Date 211 1000 hrs 2/2 0900 hrs Feb. 26, 2009 2/1 1700 /2 120rs Se t. 29, 2013 Additional Participants: Bartly Coiley, Environmental Mgr, AES David Mayberry, Atty, Crowell-Moring Paul Farnsworth, Dir. Facilities, APR Shelli Knopik, Office Mgr, AES Sean Lowther, ADEC Air Quality Yes No Contacted? Samples Taken? ® Z Photos Taken? El Fax: (907) Analytical Results? ❑ BACKGROUND Permit Authorization AKR05CC38 allows Aurora Energy Services, LLC (AES) to discharge storm water associated with its industrial coal transfer activities at the Seward Loading Facility under the National Pollutant Discharge Elimination (NPDES), Multi -Sector General Permit (MSGP): AKR05000. The EPA assigned the facility coverage under Sector AD of the MSGP, which authorizes AES to discharge storm water that has been managed through the implementation of a Storm Water Pollution Prevention Plan (SWPPP). Receiving waters for this discharge includes Resurrection Bay and other associated waters of the United States. REGULATORY STATUS/ COMPLIANCE HISTORY Records of NPDES permit compliance with EPA storm water regulations are publicly available on the EPA's Enforcement and Compliance History Online (ECHO) website at http://www epa-echo Qov/echo/. On October 31, 2009, the ADEC received Primacy (APDES) for Phase II facilities, which included authority over storm water permitting, compliance and enforcement programs. Since that time, ADEC has received one report of possible storm water related issues at AES. FIELD INSPECTION On February 1, 2010, at about 1000 hrs., Environmental Program Specialist (hereinafter "Inspector") Kim Speckman met with Rob Brown, Facility Manager for AES, at their main office located at 903 Port Ave., in Seward, AK. After formally identifying herself, the Inspector was introduced to AES's Environmental Manager Bartly Coiley, and David Mayberry, Attorney with Crowell-Moring. Mr. Brown advised that the loading of the C/V Yasa Fortune had just begun. The meeting opened with introductions and the exchange of business cards. Inspector Speckman explained that one purpose for her visit was to discuss ADEC's recent receipt of Primacy for storm water permitting, compliance and enforcement programs. The Inspector advised that main the focus of the inspection would be review of their SWPPP (detailed in the Records Review section of this report), including its implementation and any revisions that were made to address deficiencies. A short time later the group was later 'oined by joined b ADEC, Air Quality Inspector Sean Lowther. Aurora Energy Services, LLC Page 1 of 12 6'7 2/19/2010 °'"'' Inspection Report �, APDES # AKR05CC38 4_p In response to questions posed by Inspector Speckman, Mr. Brown and Ms. Coiley provided the following information: • Mr. Brown has served as the AES Facility Manager for about a year. Vic Stoltz is the General Foreman. • AES has a total of sixteen full time employees. • Five workers are on duty during loading operations. One person is assigned to "rove", and make observations relative to dust generation from various outdoor locations and radios are used for communication. • Nine workers are on duty during bypass loading (when the coal is transferred from the train directly to a ship). • AES presently transfers about 800,000 tons of coal per year (last year was their second busiest year on record). • AES has "spot sales" throughout the year, but winter tends to be their busiest season. • Mr. Brown became the General Manager while AES was operating under the Administrative Continuance of the 2000 MSGP. He was advised by the EPA to continue to utilize their 2000 MSGP SWPPP, until the 2008 MSGP was issued, when they would be required to submit a new SWPPP. • Mr. Brown submitted AES's new SWPPP to the EPA and ADEC during May 2009. • In August 2009, AES created SOP's to address coal dust issues (see Appendix 1). • In September of 2009, AES revised their 2008 MSGP SWPPP, to address dust generation, belt conveyor and railroad run-on issues, and to add benchmark sampling results (Images 34-36). • Spraying and weather conditions sometimes results in steam coming off the coal piles. • The average rate of transfer when they are loading a ship is between 800 and 1500 tons of coal per hour. • Scrapers have been installed to remove the build-up of coal dust along the belt conveyor (BC). According to Mr. Brown, there are a total of 25 scrapers throughout the facility, located as follows: 1. BC 1 through 10 —primary only 2. BC 11 primary & secondary 3. BC 12 primary & secondary 4. BC 13 primary & secondary 5. BC 14 primary & secondary 6. Tripper chute primary (located on the stacker/reclaimer) 7. Trailer primary (located on the stacker/reclaimer) 8. Feeder belt primary & secondary (located on the ship loader) 9. Boom belt primary & secondary (located on the ship loader) 10. Shuttle belt primary(located on the ship loader) • Most of the equipment is original (from the 1980's). Some of the rollers are presently due for replacement. • Shields have been installed on the stacker/reclaimer and the ship loader to reduce coal spillage. • The surface under the coal yard is a mixture of sand and silt that was dredged from the bay and there is about one foot of coal on top of that. The surface is porous and there is little run-off. • The "bag houses" which, in theory are supposed to collect dust, don't work so they use their other BMPs (scrapers, spraying and following SOPs for dust emissions instead. • Small sections of conveyor in the coal yard are not covered to allow for the removal of build-up of snow and ice. • A small bobcat is used to clean up snow, coal and coal dust deposits around the yard. • Their procedure for removing snow and debris from the dock entails driving out on top of it, then removing everything back to the main office area. Following the SWPPP review, the group went on a walk-through of the facility (refer to Images 1-3). Additionally, Mr. Brown provided the two DEC Inspectors with a follow-up tour during the morning hours of February 2nd. During the second walk- through, Alaska Railroad Director of Facilities, Paul Farnsworth joined the group. Observations documented by Inspector Speckman during the two tours included: • The control room windows provide good views (Images 5 & 6) of the conveyor coming from the stacker/reclaimer and to the ship loader. • Upper and lower sprayer bars were operating on the stacker/reclaimer (Image 9) as it reclaimed coal from the pile. No dust was observed to be generated. • Scrapers were being employed to remove coal dust from sections of belt conveyor in various locations (Images 10- 11) • Several sprinkler heads were situated along the east berm next to the coal piles (Image 12). • The entire site (coal yard and area surrounding the main office) was almost entirely covered with compacted snow and ice. The cover of snow was not fresh and in most areas it did not appear excessively dirty (Images 8-21). • Control structures (vegetated berms, RR grade and silt fence) served to surround the site on all four sides (Images 13-17) • A water filled ditch located outside (on the city side) of the site's west berm (image 13 appears from a pond which is located outside the site's north berm, and from several other business' located between thege highway and the coal loading facility. Both settling ponds were frozen over (Images 18-19). Aurora Energy Services, LLC W Page 2 of 12 2/19/2010 Inspection Report APDES # AKR05CC38 Fparagraph. er could be heard flowing at Outfall 1 (Image 20). all 2 (Image 22) was surrounded by a gravel filter, and Outfall 3 (Image 21) was covered with a fabric filter and unded by gravel. all 4 (Image 21) was the only area where signs of recent run-off were observed. This outfall can be acterized as a gravel road surface leading to the water -filled, vegetated ditch described in the previous ongs for the four outfalls were recorded as: . Outfall 1: 60°07'418"N, 149°25'.666"W . Outfall 2: 60007'423"N, 149025'.638"W. 3. Outfall 3: 60007'384"N, 149025'.718"W 4. Outfall 4: 60007'334"N, 149025'.755"W • Day 1 Tour (a few hours after the commencement of coal transfer, and at an average of 800 tons/hour): The dock alongside the conveyor was coated with coal dust, but there was not many coal chunks. An accumulation of coal dust was observed on the structure below the conveyor (Image 26). No visible dust was bein of the loading process and no coal debris was observed falling into the Bay. 9 generated at the end • Day 2 Tour (almost 24 hours after the commencement of coal transfer, and at an average of 900+ tons/hour) : Coal dust and chunks had accumulated on the dock below the ship loader and the conveyor catwalk near the ship loader (Images 28-29). No chunks of coal were observed falling into the water but flakes of "carry -back" (congealed coal dust) were observed falling from the conveyor near the ship loader, and from the ship loader itself, into the Bay (Image 31). No visible dust was being generated at the end of the ship loading process, but dust was visible on the ship's deck and hold cover (Image 33). Finally, on Day 2 (just prior to the second tour) Inspector Speckman walked the beach area just south of the south end of the facility, below the belt conveyor leading out to the ship. During this walk (which occurred at low tide) no dust or coal was observed on the beach, and no coal or coal debris was observed failing from the conveyor (Images 34 & 35). None SAMPLING ACTIVITIES RECORDS REVIEW Reviews of the on -site SWPPPs, including the AES 2000 MSGP SWPPP (with 2004 Revisions), and the AES 2008 MSGP SWPPP (with 2009 revisions) were conducted on Day 1 of the inspection. The review of these documents revealed that: • Copies of the pertinent MSGP Permits, Authorizations, and correspondences with the EPA were contained in their respective SWPPP Manuals. • Vic Stoltz has been the SWPPP Manager since about 2000. • SWPPP Revisions and Modifications were included with the 2009 SWPPP (Images 36 & 37) • Training in spill prevention, good housekeeping and materials management practices has been provided to AES employees at least twice per year (and more recently, several times per year) since 2000 (Image 38). • The results of Quarterly Facility Inspections were documented (including recommendations for revised and/or additional control measures). • Quarterly Visual Assessments of Storm Water Discharges were documented (Image 39), and one deviation from the schedule due to an oversight was properly logged. • Benchmark monitoring results reported on December 16, 2009 (Image 40) revealed the following exceedances of Benchmark Monitoring Concentrations (BMC): 1. Total Iron (where the BMC was 1.0 mg/L) Outfall 1 results: 5.42 mg/L Outfall 2 results: 1.69 mg/L Outfall 4 results: 1.35 mg/L 2. Total Suspended Solids (where the BMC was 50 mg/L) Outfall 1: 55.7 mg/L Outfall 3: 71.3 mg/L • The Control Room Operator's Log included entries (Images 41 & 42) concerning weather and dust observations, including those which resulted in the temporary suspension of operations due to the generation of dust. SUMMARY On February 1s` and 2nd, 2010, the ADEC, Division of Water, Compliance and Enforcement Program conducted a SWPPP review, and inspection of the AES coal transfer facility in Seward, AK. The inspection was part of what will (since the October 31, 2009, receipt of Primacy for storm water permitting, compliance and enforcement programs) now be routine compliance monitoring of MSGP permittees in the state. This inspection focused on the review of AES on SWPPP and the implementation of this Ian at the facility. A. •-• �• + �• •ci yy vci vR,CS, LLI, � Page 3 of 12 iI 2/19/2010 A, Inspection Report APDES # AKR05CC38 AREAS OF CONCERN The inspection revealed that, over the course of the past few years AES has continued to review their control measures and they have made several changes aimed at reducing dust generation and coal spillage during their coal transfer operations. The inspection also revealed that although the amounts of these pollutants being generated appear to have been substantially reduced, there is still room for improvement. Specifically: • Dust accumulates on and below equipment, and flakes of "carry -back" were observed dropping into Resurrection Bay. • Spilled coal was observed accumulating on the dock below the ship loader and on structural components under the belt conveyor next to the dock. • Benchmark monitoring results exceeded benchmark parameters for Total Iron and Total Suspended Solids. Part 2 of the 2008 MSGP stipulates that if a permittee finds that control measures are not achieving their intended effect of minimizing pollutant discharges, these control measures must be modified as expeditiously as practicable. The permit also states that "the term "minimize" means 'reduce and eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice" Part 6 of the permit addresses Benchmark Monitoring, and states "The benchmark concentrations are not effluent limitations; a benchmark exceedance, therefore is not a permit violation." It goes on to say that benchmark monitoring data are primarily for use in determining overall effectiveness of control measures and to assist the permittee in knowing when additional corrective action(s) may be necessary. Part 6 also stipulates, in pertinent part, that "After 4 quarterly samples, if the average of the 4 monitoring values for any parameter exceeds the benchmark, you must, in accordance with Part 3.2, review the selection, design, installation, and implementation of your control measures to determine if modifications are necessary to meet the effluent limits of this permit, and either: Make the necessary modifications and continue quarterly monitoring until you have completed 4 additional quarters of monitoring for which the average does not exceed the benchmark; or Make a determination that no further pollutant reductions are technologically available and economically practicable and achievable in light of best industry practice to meet technology -based effluent limits or are necessary to meet the water -quality -based effluent limitations in part 2 of this Permit, in which case you must continue monitoring once per year." Action Items 1. Industry research —Conduct research to determine if any additional control measures exist in similar industries, which might be implemented to further reduce carry -back and the spillage of coal during the transfer process. Recommendations notify the public that AES is operating under a storm water management plan. 1. Post a sign at the transfer facility's main entrance advising that a copy of the SWPPP is on file at the Main Office, to I. AES SOP for Dust Emissions II. AES Dust Observation Form III. AES Complaint Form IV. AES Dust Prevention Training Guidelines Kim W. Speckman, Inspector Division of Water/Wastewater Quality Compliance Signature only acknowledges receipt of this report. Inspection report given to: Forwarded Date Company (if applicable): Date Aurora Energy Services, LLC 70 Page 4 of 12 2/19/2010 Inspection Report r APDES # AKR05CC38 IMA( M E .__. PHOTO ADDENDUM - AURORA ENERGY -- - t - 11 — — , c wwr IMAGE 2: STORM WATER FLOW CHART (FROM 2009 IMAGE 3: STRUCTURAL' CONTROLS (FROM 2009 Aurora Energy Services, LLC 71 1 1 f" . 03l.it o n t... • outfalls oai and ens ca4 G 6ueaffs in Municipal Storm Drain and Pipe iouthha9 002, 003 Md Wa diacharap to stone ao.,m drama 1 $tortn Water Pipe * Surface water Flow Direction Page 5 of 12 IMAGE 4: AES CONTROL ROOM IMAGE 6: VIEW FROM THE CONTROL ROOM LOOKING NORTH TOWARD THE STACKER/RECLAIMER Aurora Energy Services, LLC 7 `2 APDES # AKR05CC38 LLC: 2/1 &2/10 IMAGE 5: VIEW FROM CONTROL ROOM LOOKING SOUTH TOWARD THE SHIP LOADER IMAGE 7: Operator's Login the control room IMAGE 9: STACKER/RECLAIMER: UPPER & LOWER SPRAYBARS Page 6 of 12 2/19/2010 Inspection Report Apnp:(z4 A VMnr--,- Page 7 of 12 pi: 3 2M8/2010 ' ` Inspection Report `` � APDEG#AKROGCC38 PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10 1 ' IMAGE 16: Vegetated berm & RR grade at e'a-si mm site IMAGE 17: Silt fe nce at south edge of site I. Ll`�li Fo-utfall 1 t MI-P IMAGE 18: West settling pond (looking N) IMAGE 19: East hmAas28� � a Outh1 �- ~~ kwAas2]: Aurora Energy Services, LLC � K ^� Page 8 of 12 2/19/2010 Inspection Report APDES # AKR05CC38 PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10 -r x " T . � -:. +:- •: Yoh +qp.,� Z = 9 T IMAGE 22: Outfall 2 IMAGE 23: Outfall 4 MAGE 24: Dock/Conveyor - view from ship loader IMAGE 25 AES and — view from ship loader IMAGE 26: Day 1 - coal uUJL U1 I L,1 u.,s-orace Deiow conveyor Aurora Energy Services, LLC IMAGE 27: Coal going into hold - view from ship loader Page 9 of 12 5 2/19/2010 Inspection Report APDES # AKR05CC38 PHOTO ADDENDUM - AURORA ENERGY SERVICES, LLC: 2/1&2/10 IMAGE 32: Coal below conveyor next to sh Aurora Energy Services, LLC IMAGE 33: End of loader inside hold & dust on deck Page 10 of 12 2/19/2010 Inspection Report APDES # AKR05CC38 PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2/10 IMAGE 34: DaV 2 - beach below conveyor As MACE 36: 2009 SWPPP Revisions IMAGE 38: 2009 SWPPP Employee Traini Aurora Energy Services, LLC MADE 35: Beach syor — low tide IMAGE 37: 77 2009 SWPPP Modifications IMAGE 39: 77 Page 11 of 12 2/1912010 Inspection Report APDES # AKR05CC38 PHOTO ADDENDUM -AURORA ENERGY SERVICES, LLC: 2/1 &2110 IMAGE 40: MDMR for Fall Quarter 2009 ,,�-'r,��rG' yi..i .)fit.^ .. b •.. 1 jo �'� .'t IMAGE 41: Operator's Log -1/24 strong winds, dust & suspense of Aurora Energy Services, LLC X" ,11 1c Nutise Eo weamer conditions Page 12 of 12 Memorandum Date: April 10, 2010 To: Mayor Dunham, City Council Members From: Jean Lewis, City Cler 1 Subj: Entered the Extreme Makeover Website Contest Mid -April, I found out via an email from AML about a contest called "Extreme Makeover Website" through a company called CivicPlus. Annually they offer this contest to local governments and others who apply. After speaking with one of the MIS staff about pricing, I sent in an application on May 3, 2010 for the City of Seward. We have been called back and have a website demo set up for June 3, 2010. If the City of Seward were to win this contest, there is no obligation or contracts to stay with this company. The details of the contest are: ■ The grand prize is a free set up of their Civic Plus Lite Package ($4,800 value) and the $180 monthly fee will be waived for one year. After a year, we have the option of staying on with Civic Plus for the $180 monthly hosting fee, or $2,160 a year. ■ There is also an award for a runner up who will receive % price discount on the set-up fee. The monthly $180 would still apply. Applications close for this contest on May 12, 2010, with the winner being announced June 14, 2010. We have already been called by CivicPlus and answered additional questions. The city clerk's office has signed up for a demonstration on how to update these websites on June 3, 2010. 1 have attached below a few examples of their work from other winners for you to check out. If we were lucky enough to win this award, the council would have to approve it at a subsequent meeting. View Past winners: 2009: Jackson County, Indiana (website is under development) 2008: New Rochelle, New York 2007: Cadillac, Michigan 2006: Wellington, Ohio 2005: Richmond, California There is a separate contest for cities and counties with a population of 5,500 and below, The 2"d Annual Extreme Lite Website Makeover Contest, will award one lucky small town, city or county the chance to win a website makeover that can be live in a month. Check out last year's winner Fenwick Island, Delaware! r9 3 "7ura'" hi, s 2Q1Q u,'July 20I0 6 784 i0 11 12 4 6 7$ 9 10, 13 14.1, 17 1$ 1� 11 1 _1 14;15 fi 1T 20 23 22 23 34 25 26 i8 19 20 21 22 23 24` 2193Q 25 26 27 28 29 30 31.' MQ da IN ednesld 7]Th Fnd'a June l 3 _ ... ` 3 7,30pm.P&Z Meeting 12:00pm PACAB Meeting 7 ...... _.._.._.....___...... 40 '12PM 0 7:QOpm CC WS 14 15167:OOp =�i 30pm P&Z Work Session° `12:QOpm PACAB Work9:00am Social Security Session Rep 6:30pm Historic Preservation Meeting 21 22 23 24 2 7:1000m CC WS (PACAB Title 7) G 28 9 30. 'CC GPM CiCouncil Meeting .m i I nisi icy 5/6/2010 3:10 PM