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HomeMy WebLinkAbout07122010 City Council Packet Seward City Council Agenda Packet tr dor " lir • un1Y/ 4' r N tea ... ! - a . Resurrection Bay July 12 2010 City Council Chambers Beginning at 7:30 p.m. 1963 1965 2005 The City of Seward, Alaska biking CITY COUNCIL MEETING AGENDA ° 5e t All-America Clly I ' I II ) • ' {Please silence all cellular phones and pagers during the meeting} July 12, 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 THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those Jean Bardarson who have signed in will be given the first opportunity to speak. Time is limited to 2 Vice Mayor minutes per speaker and 30 minutes total time for this agenda item] Term Expires 2010 5 • APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk ( *). Consent Agenda items are not considered separately unless a council member so requests. Robert Valdatta In the event of such a request, the item is returned to the Regular Agenda] Council Member Term Expires 2011 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards Tom Smith Council Member 1. Memoriam for Mike Meehan p 3 Term Expires 2011 2. Welcome AML /JIA Proclamation P 4 3. Certificate of Appreciation for Rotary Club's Community Vanta Shafer Service p 5 Council Member 4. Plaque presented to Jolund Luther for serving the people of Seward Term Expires 2011 from September 2006 to June 2010 on the Historic Preservation Commission. Marianna Keil B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2010 D. Mayor Report E. Other Reports and Presentations Linda Amberg 1. Presentation by ARR on their "Portwatch" neighborhood watch Council Member program for the harbor and port area. Term Expires 2010 7. PUBLIC HEARINGS - None Phillip Oates 8. UNFINISHED BUSINESS — None City Manager Jean Lewis 9. NEW BUSINESS City Clerk A. Resolutions Cheryl Brooking 1. Resolution 2010 -058, Endorsing The South Harbor Uplands Tryck City Attorney Nyman Hayes Conceptual Development Plan Option Two As Attached Pg. 6 City of Seward, Alaska Council Agenda July 12, 2010 Page 1 2. Resolution 2010 -059, Authorizing The City Manager To Direct City Staff To Develop A Plan To Transfer The Seward Museum Operation And Maintenance To The City Of Seward From The Resurrection Bay Historical Society And Present The Plan To Council For Consideration And Approval In October 2010 ..Pg. 39 *3. Resolution 2010 -060, Accepting A Grant From The Alaska Energy Authority In The Amount Of $115,800 And Authorizing The City Manager To Proceed With The Procurement Of Supplies And Equipment And Appropriate Funds Pg. 45 • *4. Resolution 2010 -061, Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward ' Area For $48,500.00 .Pg. 89 B. Other New Business Items *1. Approval Of The June 28, 2010 City Council Regular Meeting Minutes........... Pg. 95 2. Schedule another work session on Title 7 questions to August 9, 2010. 3. Scheduling a work session to discuss proposed refuse tariff increase 4. Approve and authorize the signing of a letter to Mayor Carey addressing the outcomes to achieve from the October 8, 2010 Summit meeting in Seward re: navigability and flood control issues Pg. 99 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda July 12, 2010 Page 2 ` S s , S �i y it , 4 I; t :n! t41 SM1lp „„ t ' 1 ih . .4 t v, . ... .. t I.a { , 7c At rq ': aF + ,5 ,. , + fi. .ri 7 . i �' I tai - l t 1 . t x, St Idly �� L 1 1 } a {t 11 { r t I x r a t d + Y , a a itu j a a I i Y ! t ti ar I } i� { � f it + +� I 1 , , . r , In Memo r am „.,,,, ' R ,, , . ,. • 1 lq DIY �S S� �. 1 ` ' { ,� un - � ! 1`� _ The Seward City Counci is gathered together in memoriam to v honor Michael J. Meehan. He served on the Seward City Council from 1981 till 1992 as ,,, ,:: : •,; , : i, ... , ; ,,,,',.;";,,,,,' � �� both a councilmember, vice mayor and representative to the t Community Hospital Board. The City Council was saddened to hear of the lo o f suc a S .. l o-: I l i i i devoted Alaskan. On behalf of the Seward City Council, rehis ,� � Special Recognition in Memoriam to the we family heby of M present ichael t J. i,'” 1 (� F n e h 1 f Illt�l i ' dl„ l {•� c n )� { � 6 I t y Meeha ,1 ` I t 1 , r s I� 9 IY >,� 1 t 1.:,,,,,' aY J h Yd S qc 1 ,� , { ��i �: i C ? t,,,,' t +l o-:l I. � "` , „ 40 ; ,. : :„. 4 „„,,,,,,...,„,„,,„ r ,,,„,,„ 1 „ 1 „,,,,,,,,, Dated this 12th day extend of our July sincer 2010. condolences, �. y Y�� +!(r ill�r t ti h �..e.7 I e . 1 y I , r } �.. , , da � r i ` bia { a �* f .�� ¢i4 r r I . P 1 , lull Y� t {f ����M1t� r R l 1 v F j l ti Y >tlaa I . i , i a ,,, r, '. t r ”' ya'� a n, its ii k q I i y l !P � S � t 1 i „ I rt -. ,o- p1 1 aa 4�,,It4 :��`,�� i lqu a pIW�al +l��i ' 4 �; a� d t a l h il I ' G � . a ( t ,r� d'u) �d (i dO ,,y 4 ,1 .�I ' ,•, ,r,1 r t t }' } �yN. '+.' d li' � � " A P�" '.. + ''pp ' }. I i i+ da t1 A, P j t {la � 1 y dc aV >tieJ ,7 1 ,, l' ' ti m x ° ' `' Bob Valdatta, Councihuember Marianna Keil, Councihnember ., • P , ,� +q lb M f ll f ' ,v> iKT , . .4eIC1l ��Ik 1h k' t tin "rh 4{fa,�Yl� 1 ' I�'r� l iP,''' a s� h t s� ai ,� I N y J�a e a ' 1 au , Vanta Shafer, Councihnember � '( e { Idt�n�l Sla I(� �q r+ Linda Amberg Councilmember • I tl � 1 � , '' �u e _ d Sri' a + �, ` +� e a' yt+ .,,:,:,::00,-.. I I Jean Bardarson, Vice Mayor F �' qqt T �, a : 1 a �i > A T ',' ,, , °I �, ' 2 n ` , v �, ? �� s � ' t" " T o m Smith, Councihnember y t� r ^ �,6R �� l a'." i s' , 14 "� �,I t r 0 �P � � + `f 1� t r � , Y i 1 2 � w� 1 °ri n: { � I t x �; ..,;:' 'S e y�N r�� 4i: y I, Willard E. Dunham, Mayor !.. a 3 o- a ry Iii • .t k, v I , "e 1 • 1,410',P � a �'� Ep J I h S a iu ` '' ' , [� "rv �? % � tai • "gin it ��[.,,u.,d�,i,.a rs inn, ?'ifs City of Seward rl of s �k�,q Certificate of Welcome v ; dolt Awarded To: r Alaska Municipal League ^'7 �r rtef$�}lti�81 pn r . Joint Insurance Association The Seward City Council would like to welcome the Alaska Municipal League Joint Insurance Association to Seward for its Board of Trustees Quarterly Meeting on July 26, 2010. Thank you for choosing Seward as your meeting destination. We hope your visit will be a successful and productive one and that you consider us as a location again in the future. Now therefore I, Willard E. Dunham, Mayor on behalf of the Seward City Council, wish to personally welcome the Alaska Municipal League Joint Insurance Association to Seward and thank them for their dedication to providing stable, cost - effective risk financing and quality loss control services designed to meet the needs of local governments throughout the State of Alaska, including Seward. Dated this 12 day of July 2010. Willard E. Dunham, Mayor A laska MunicipMunicipal League ATI 4, E Joint Insurance 1 \,., IA:: I- _ _ • h R r . ta r y 9 � ' !h 7 i g. (Ilk t . i� i ;1f 4� � E � � � l � � � � � " � � THE CITY OF SEWARD WOULD LIKE TO THANK , THE SEWARD ROTARY CLUB FOR ITS REGENT COMMUNITY SERVICE INCLUDING THE LAGOON CLEANUP, THE WORK ON THE LOCAL CEMETERY AND THE MANY OTHER PROJECTS COMPLETED TO IMPROVE OUR COMMUNITY. ON BEHALF OF THE SEWARD CITY COUNCIL, WE ARE PROUD TO HONOR • AND RECOGNIZE THE SEWARD ROTARY CLUB FOR THEIR CONSTANT c..)1 SERVICE IN HELPING TO MAKE SEWARD A BETTER PLACE TO LIVE. DATED THIS 1 2 DAY OF JULY, 201 0. 4 WILLARD E. DUNHAM, MAYOR • 6, AW • emi4L • ilk Sponsored by: PZ Commission and PACAB CITY OF SEWARD, ALASKA RESOLUTION 2010 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED WHEREAS, Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17; and WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory Board recommend that the first projects that should receive initial funding efforts include the Fishing Pier and Boardwalk, both with ADA accessibility; and WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial; and WHEREAS, the attached conceptual plan and recommendations shall be incorporated into the update of the Small Boat Harbor Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting is hereby endorsed as attached hereto. Section 2. The structure types on the Harbor Commercial north side of the uplands are excluded from the conceptual development plan endorsement and will be reviewed for appropriate improvement types during later development stages. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of June, 2010. 6 Council Agenda Statement Date: July 12, 2010 Through: City Manager Phillip Oates �Q From: Community Development Director Christy Terry Agenda Item: ENDORSING THE SOUTH HARBOR UPLANDS TRYC NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED BACKGROUND & JUSTIFICATION Under the June 2003 Project Cooperation Agreement between the Department of Army and the City of Seward for Construction of the Harbor Improvements, dredged and excavated material was deposited behind the newly extended Breakwater creating approximately 3.5 acres of filled land described by the Corps as "BOD Disposal Area 1." On February 12, 2007 the City of Seward authorized the approval of the Department of Army memorandum for record and accepting Disposal Area 1. This area is owned by the City of Seward, but also remains subject to the federal doctrine of navigational servitude. Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands. Both Bodies had developed and sent their recommendations to Council on various aspects of development of this newly created parcel. The Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council including Resolution 2008 -03. The Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17. Also, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial. A Joint Planning and Zoning Commission and Port and Commerce Advisory Board Meeting was held on May 11, 2010 with many Council Members, Administration and public also in attendance. Recommendations developed at the meeting are included in the resolution including: Tryck Nyman Hayes Conceptual Development Plan Option Two should be adopted as the development plan; initial funding should be sought for the development of the Fishing Pier and Boardwalk, both with ADA accessibility; the current zoning should remain as it is in harmony with the development plan; and the structure types on the Harbor Commercial north side of the uplands should be excluded from the conceptual development plan approval and should be reviewed for appropriate improvement types during later development stages. The Planning and Zoning Commission and the Port and Commerce Advisory Board disagree regarding the zoning recommendation for this parcel. This Resolution before Council tonight only 7 endorses the TNH Conceptual Development Plan Option Two, excluding the structure types, and does not recommend a zoning designation. INTENT: This resolution proposes to endorse the South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting as attached excluding the structure types. • This plan will be used to guide future development and supports initial funding efforts be placed on the ADA Fishing Pier and Boardwalk. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Small Boat Harbor Development Plan FISCAL NOTE: No fiscal impact with the approval of this plan. Approved by the Finance Department: tJ��.�.07.� ATTORNEY REVIEW: Yes: No: X RECOMMENDATION Approve RESOLUTION 2010 -058 ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED 8 ha. r S °�,F , , t ,' u a t ! 5 F 3 { j - t ce;h vff' t' d ,... P ,,. S E , it U k yy 1 . ',- . , , . ).:- . - ' ...' 5 I F I1 W w �' , t. r a{{ t t C t A +� rt Y*rk g far d /,, l ■s w' :. f T a, , e t + 6 1 v r lr ,.,fi 4141 i M M' ., . S oh 99 M.ahwc N'1 ; r f r nn 4�.' ; a;� ', '' is• ,. t:: R v.7 RG V � y � i S f la• �i�'i'+,hL �tir ;/ � .ft f ' . ' f t�, I ! ...[ r :u $ *'" 6 YTs , ., t I �, & >Kn a I 1'A J: E� f�.. � >e! 3 ."4"'''-,', � '� 1p w �� r r x r .,1 •- vS A r 4} j • i s r ? r� (I L 1 EI .. L ] j � C � U yr I �� I � �� ] ,F � y ^ ;P 1 y 4,^, ) 7"'�, (f � + !' ' L +. r 1 } r�l� M � aa . ,'s' � � { } y y I .,., ._ �. a'� .,t ol '+&Ff .. t 1 ,F' %' � f y( . I, :. �„ a� ?t 'tr • 1 , '+ ' o l i I' . al I a c * � S',f4? , ' ""C xY y. . 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F I, ; Lu ER HER SIDE OF WATER DR WASTEWATER LINE ( ) d F I r l ,s °- -Kx 15' 30' TOT � } �� `G� , j PRIMARY ELECTRICAL LINES SECONOAR'f ELECTRICAL LINES 1 M + a ` h4i t + ,f..,:,,,,,,,,,,,,,,.,.,:,,.,..-.,,- .+ _ 1 .. .1. " '"� I - y °` �� � f"' , a , • 4 �k� _ . ;, :... a[s ,.._. un:,,c�k" ', :14' y - )v:? _ mss:, f_ 6 I 3 a 3 • Sponsorrfl by: PACAB CITY OF SEWARD, ALASKA � = RESOLUTION 2010 -05 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED WHEREAS, Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17; and WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory Board recommend that the first projects that should receive initial funding efforts include the Fishing Pier and Boardwalk, both with ADA accessibility; and WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial; and WHEREAS, the attached recommendations shall be incorporated into the update ofthe Small Boat Harbor Development Plan; and WHEREAS, at it's September 2008 meeting Seward's Port and Commerce Advisory Board passed resolution 2008 -03 which included the following: 1: The Harbor Uplands Area should be designated Harbor Commercial Zoning District. 2: The South Harbor Uplands Area should be used for a variety of uses consistent with the Harbor Commercial District zoning designation. 3: Development of the south Harbor Uplands Area should be included in municipal areas reserved for landscaped public use. 4: All development of the South Harbor Uplands Area must comply with all land use, building, fire and electrical regulations in the Seward City Code. 5: Development ofthe South Harbor Uplands Area should include continuance ofthe existing board walk and completion ofthe Mariners Memorial with strong consideration of continuing the bike path. CITY OF SEWARD, ALASKA RESOLUTION 2010- 05 NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVIOSORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting is hereby endorsed as attached hereto. Section 2. The structure types on the Harbor Commercial north side ofthe uplands are excluded from the conceptual development plan endorsement and will be reviewed for appropriate improvement types during later development stages. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 2nd day of June, 2010. THE CITY OF SEWARD, ALASKA Ron Long, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) s I 1 Sponsored b, : PZ Commission : d PACAB CITY OF SEWARD, ALASKA RESOLUTION 2010 -07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED WHEREAS, Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17; and WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory Board recommend that the first projects that should receive initial funding efforts include the Fishing Pier and Boardwalk, both with ADA accessibility; and WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial; and WHEREAS, the attached recommendations shall be incorporated into the update of the Small Boat Harbor Development Plan; and WHEREAS, the parcel is zoned both Harbor Commercial to the north and Park to the south, which is appropriate for the planned development. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting is hereby endorsed as attached hereto. Section 2. The structure types on the Harbor Commercial north side of the uplands are excluded from the conceptual development plan endorsement and will be reviewed for appropriate improvement types during later development stages. Section 3. This resolution shall take affect immediately upon its adoption. 0 a. " CITY OF SEWARD, ALASKA RESOLUTION 2010- 07 PASSED AND APPROVED by the Planning and Zoning Commission of the City of Seward, Alaska, this 1 S ` day of June, 2010. THE CITY OF SEWARD, ALASKA ..u )tiL 9 Sandie Roach', Chair AYES: Morgan, DeMarco, Heinrich, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Two ATTEST: an Lewis, i • so ns ...,,. `ity Clerlr ''4 ° V s ;. o voito (City Seal) of 3 v •. • SEAL • • • vtit -- 14, OFA t:s j Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -013 A RESOLUTION OF THE SEWA CITY COUNC ECOMMENDING SF KENAI PENINSULA BOROUGH AP - THE SEWARD SMALL BOAT HARBOR, SOUTH HARBOR ADDITION, REPLAT, LOCATED • WITHIN THE HARBOR COMMERCIAL. AND PARK ZONING DISTRICTS WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the new City -owned lands commonly known as the south harbor uplands; and WHEREAS, Cline and Associates submitted, on behalfofthe City of Seward, a preliminary plat combining the newly formed area known as the south harbor uplands with portions of the existing Small Boat Harbor subdivision, the Laubner Addition and the Alaska Tidelands Survey 174 creating Lot 17A, Block 6, Seward Small Boat .Harbor South Harbor Addition; and WHEREAS, this platting action will vacate interior lot lines creating a single lot of approximately 9.63 acres in size which will provide legal access from the Fourth Avenue right -of- way; and IMMO WHEREAS, this property is currently zoned Harbor Commercial (HC) and Park (P) the rcplat does not create any non- conforming structures or lots; and WI IEREAS, no subdivision installation agreement is necessary because this lot is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, the proposed platting action provides utility and access easements for all existing utilities and current accesses; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2009 -02, recommending the Seward City Council and the Kenai Peninsula Borough approval of the replat. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council recommends the Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition Replat. Section 2. This resolution shall take effect immediately upon its adoption MEM City of Seward, Alaska Resolution No. 2009 -013 Page 2 of 2 MININ PASSED AND APPROVED by the City Council ofthc City of Seward, Alaska this 9`" day of March 2009. THE CITY OF SEWARD, ALASKA (6)L Clark Corbridge, Mayor AYES: Dunham, Bardarson, Kellar, Smith, Keil, Corbridge NOES: None ABSENT: Valdatta ABSTAIN: None ATTEST: Jean Lewis, CMC CityClerk (City Seall Sejsr • • (� ra fir' .. C. Y • l0 D • •• r �7. , 1 A "lie MI a �►oo�a 4.. City Council Agenda Statement Meeting Date: March 9, 2009 ' yof stir, Through Phillip Oates, City Manager 1 ' Q4.AS�P Christy Terry, Community Development Director From: Donna Glenz, Associate Planner Agenda Item: Recommending Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition, replat, located within the Harbor Commercial and Park Zoning Districts BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City Council. The resolution before the Council today deals solely with the platting action of the South Harbor Uplands and access area. This area which has become known as the south harbor uplands was built by the Army Corp of Engineers from the dredging spoils of the work done in the Seward Small Boat Harbor. SUBDIVISION REVIEW: Zoning: This platting action contains areas in both the Harbor Commercial and Park Zoning Districts. Once the platting action has been completed the zoning of the uplands will continue in a cardinal line across the fill area to the center of Resurrection Bay per SCC 15.01.030 (e)(7) Official maps. Size: This platting action will vacate interior lot lines creating a single parcel of approximately 9.63 acres in size which will provide legal access to the Fourth Avenue right -of -way. Lot 17A exceeds the development requirements required in SCC Table 15.10.220 for both the portions within Harbor Commercial and the Park Zoning Districts. The replat does not create any • nonconforming or encroachment issues. Utilities: The property is served by all necessary utilities; therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing utilities and current .accesses. Page 1 of 2 i6 Exislin2 Uses: The property currently contains the City boat launch, parking lot areas, a summer RV camping area, access to the south uplands fill area, access ramps for S and Q floats, restrooms, the oil collection site and numerous City utilities. Flood Zone: Portions of the property are located within a FEMA mapped High Velocity Hazard Zone (V- Zone). Areas determined to be within the V -Zone are detailed on the plat 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. Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and the City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this platting action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At the time of the Planning and Zoning public hearing, one public comment had been received. A verbal question on location was clarified and the inquirer voiced no other concerns with the replat. FISCAL NOTE: 4 Approved by Finance Department: j,J,i,, ;�� ctil ,Ir.4• ; ATTORNEY REVIEW: 0 RECOMMENDATION: • Approve Resolution 2009 -13, recommending Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition platting action. Page2of2 Sponsored by: Port and Commerce Advisory Boar`d-., CITY OF SEWARD, ALASKA .. ,_. - -- PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2008 -03 A RESOLUTION OF THE SEWARD PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING TO THE PLANNING AND ZONING COMMISSION, CITY COUNCIL AND ADMINISTRATION THE ZONING DISTRICTAND USE OF THE SOUTH HARBOR UPLANDS AREA WHEREAS, under the June 2003 Project Cooperation Agreement between the Department of Army and the City of Seward for Construction of the Harbor Improvements, dredged material was deposited behind the newly extended breakwater creating approximately 3.5 acres of filled tidelands described by the Corps as `BOD Disposal Area 1;" and WHEREAS, on February 12, 2007, the City of Seward authorized the approval of the Department of Army Memorandum for record and accepting Disposal Area 1; and WHEREAS, the City of Seward has designated the BOD Disposal Area 1 as the South Harbor Uplands Area; and WHEREAS, the City of Seward has received inquiries about using the South Harbor Uplands Area for a wide variety of uses; and WHEREAS, no long -term plan exists for consideration by the Planning and Zoning Commission or the City Council; and WHEREAS, discussing the development of the South Harbor Uplands Area and providing a recommendation on the zoning district and use of the area is a function of the Port and Commerce Advisory Board per Seward City Code Section 2.30.325; and WHEREAS, the Port and Commerce Advisory Board discussed the South Harbor Uplands Area at the February 20, 2008 Work Session, the June 4, 2008 Regular Meeting and the September 3, 2008 Regular Meeting. NOW, THEREFORE, BE IT RESOLVED, that the Seward Port and Commerce Advisory Board, recommends the following for the zoning and use of the South Harbor Uplands Area: L The South Harbor Uplands Area should be designated Harbor Commercial Zoning District. � Port and Commerce Advisory Board Resolution 2008 -03 Page 2 of 2 • 2. The South Harbor Uplands Area should be used for a variety of uses consistent with the Harbor Commercial District zoning designation. 3. Development of the South Harbor Uplands Area should include municipal areas reserved for landscaped public use. 4. All development on the South Harbor Uplands Area must comply with all land use, building, fire and electrical regulations in the Seward City Code. 5. Development of the South Harbor Uplands Area should include continuance of the existing boardwalk and completion of the boardwalk up to the Mariner's Memorial with strong consideration of continuing it to the bike path. BE IT FURTHER RESOLVED their recommendation be forwarded to the Planning and Zoning Commission and Seward City Council. BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board this 3` day of September 2008. THE_CITY - SEW ' D ALASKA Ron Long, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: 'LZ �, F SEA Lewis, O ! O•,I i ! ity Clerk : s `; •: ` �' (City Seal) WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING A PROFESSIONAL CORPORATION ERIC A. AUTEN - TELEPHONE JULIUS J. BRECHT SOT.276.6401 CHERYL RAWLS BROOKING ATTORNEYS AT LAW CYNTHIA L. CARTLEDGE FACSIMILE MICHAEL GATTI 900 W E57 5TH AVENUE, SUITE 600 907.276.5093 • ROBERT M. JOHNSON BRADLEY E. MEYER ANCHORAGE, ALASKA 99501 -2043 WEBSITE ERIC E. WOHLFORTH www.wvjb.co CONFIDENTIAL/ATTORNEY- CLIENT PRIVILEGED This is a PRIVILEGED COMMUNICATION In respect to a confidential matter between attorney and client, is not subject to subpoena, and cannot be received in evidence in a court action. However, we suggest that you retain this material under your personal control rather than in general files. MEMORANDUM TO: Scott Ransom, Harborrnaste FROM: Brad Meyen, City Attome DATE: July 28, 2005 SUBJECT: Small Boat Harbor South Breakwater and Filled Land; Our File No. 4337.4102 This memorandum provides general comments on the land ownership status for the south breakwater ("Breakwater") and adjacent filled land and discusses limitations on their use. Nothing contained in this memorandum may be considered an admission of fact by the City of Seward ( "City") concerning title to the filled land, and it shall not be used for or considered a title opinion. Title insurance and a land survey should be obtained prior to making significant improvements on the filled land. Hereinafter "Corps" is used to referto the United States government in general and when the federal government is acting through the Department of the Army. Summary Under the June 2003 Project Cooperation Agreement between the Department of • Army and the City of Seward for Construction of the Harbor improvements (the "Agreement "), dredged.and excavated material was deposited behind the newly extended Breakwater creating approximately 3.5 acres of filled and described by the Corps as "BOD 1 :1Docs1433710011General 20051M2Ransom re Harbor Breakwater.wpd 1 Scott Ransom, Harbormaster • Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 2 Disposal Area 1." You have asked who owns and controls the Breakwater and the filled land created by the deposit of dredged materials by the Corps and what use may be made of the Breakwater and the filled land in particular, given the May 25, 2005 "Memorandum For Record" prepared by the Corps which, upon signing by the City, will indicate the City's acceptance of BOD Disposal Area 1. COhNFI .'1_•,.: Based on the assumptions described below, we believe the area containing the Breakwater and filled land to be owned by the City but remains subject to the federal doctrine of navigational servitude ( "Navigational Servitude "). We strongly recommend that the area containing the Breakwater and filled land be surveyed and a preliminary commitment for title insurance obtained based on that survey before any significant improvements are made by the City on the filled land. The City may make limited use of the filled land subject to applicable land use restrictions, City ordinances, and other governmental regulations. However, for the reasons described below, this filled land should not be considered available for sale or lease. The Breakwater is a separate general navigation feature that continues to be operated and maintained by the Corps under the Agreement, and use of the Breakwater must be coordinated with the Corps. Discussion In regard to coastal lands generally, the State of Alaska received tide and submerged lands at Statehood under the Equal Footing Doctrine and the Submerged Lands Act. The State then transferred some of these lands to its political subdivisions. For the most part, uplands, tidelands, and submerged lands in Alaska are subject to the Alaska Land Act, AS 38.05. It appears that the City received title to the tidelands and submerged lands beneath the general harbor area through the Tidelands Preference Right Act and a state grant of ATS 174. This general area also appears to be covered by Tract No. 100 reconveyed to the City by the Corps in 1999. CONFID N TILL 1 The City has not signed this document pending completion of a topographical survey by the Corps. Discussion on use of the filled land assumes the City will eventually sign this document accepting the Corps work resulting in the filled land. 2 ATS 174 was conveyed to the City as a preference right pursuant to Tidelands Patent No. 232 under AS 38.05.320 which is now AS 38.05.820. 3 The survey is important because the Breakwater and filled and appear to be close to the southwest boundary of Tract No. 100. A title report dated September 5, 2000 by First American Title Insurance Company indicates thatthe land generally within the Seward small boat harbor is owned by the City (excepting the Alaska Railroad properties). The locations and boundaries of the Breakwater and filled land should be determined by a survey. A title report, based on a current survey, would confirm title. I: lDocs1433710011General 20051M2Ransom re Harbor Breakwater.wpd 21 2 • Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337_4102 July 28, 2005 CONFIDENTIAL Page 3 The 1964 earthquake and subsequent seismic waves completely destroyed the Seward small boat harbor, and reconstruction of the harbor was authorized by the River and Harbor Act of 1964. The submerged lands comprising the harbor were conveyed by the City to the Corps in August 1965 as part of the harbor reconstruction process. The adjacent uplands owned by the City were not conveyed. CONFIDENTIAL • . During the 1993 North Pacific Division Command inspection, the Corps determined that for local cooperation projects such as the post earthquake harbor reconstruction in Seward, the local government sponsor (the City in this case) need not actually convey its real property interests to the United States; rather, the local govemment sponsor need only certify that it has adequate land holdings and that it will make the lands available to the federal government for such projects. Because it was determined that no authority existed for the Corps to acquire title to the submerged lands for the post earthquake reconstruction project, the underlying property which the City conveyed to the Corps in 1965 was reconveyed to the City by two quitclaim deeds executed on September 23, 1999 (deeds covered Tract No. 100 and Tract Nos. 101E and 102E). These deeds were recorded February 8, 2000. It therefore appears, and we assume for purposes of this memorandum, that the City owns the tidelands and submerged lands under the Breakwater and the filled land. That ownership and use of the areas are subject to the following: 1. Navigational Servitude. • CDRIDE1`TIAL Since the City owns the adjacent uplands, it would have rights of a littoral landowner. A littoral landowner (particularly if the owner also holds title to the adjacent submerged lands) generally has the littoral right to wharf-out or create filled areas, subject to proper permitting requirements. However, this right is subordinate to Navigational Servitude. Navigational Servitude is a federal right to use tide and submerged lands for navigational purposes, which, if not exercised by the federal government, may be exercised by the state or a political subdivision. Navigational Servitude is a dominant servitude which extends to all lands below the ordinary highwater mark and is grounded in the power of the • federal government to regulate commerce. Where it applies, Navigational Servitude continues regardless of ownership of tide and submerged lands, and under this doctrine the federal government may, at any time, construct levees and breakwaters, dredge channels, deposit dredged materials, and make other improvements to aid navigation. The use of tide or submerged lands by the Corps under Navigational Servitude is not considered a governmental taking and no compensation is required. To waive or abandon this right takes specific action by the federal government. Waiver of Navigational Servitude may not be implied but must be surrendered in unmistakable terms. United States v. Cherokee Nation of Oklahoma, 480 U.S. 700 (1987). Such a waiver has not occurred in this case. 1:\Docs143371001lGeneral 2005W2Ransom re Harbor Breakwater.wpd • C1.. ::_. 7 . ' ' (a Fr 3 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 4 • 2. Construction and Access Under the Agreement. CCl•r'ILIEW1l�1.t, The Corps may supplement its authority to create aids to navigation under Navigational Servitude by seeking local cooperation by agreement to provide necessary lands, easements, or rights -of -way for navigational improvements. In addition to the authority assumed by the Corps under Navigational Servitude, use of the Breakwater and filled and is also covered by the Agreement. The Breakwater is one of the "general navigation features" under the 1�greemen an an item the Corps has agreed to construct and operate to aid navigation. The City agreed to provide access to the property it owns or controls for federal operation and maintenance of the Breakwater. Notwithstanding the lack of Corps ownership of the tide and submerged lands on which the Breakwater is constructed, both the Agreement and Navigational Servitude give. the Corps access to the Breakwater, and the use of the Breakwater must be coordinated with the Corps. , X.,... As part of the current harbor improvements, the City approved the Agreement providing the Corps access to the land necessary to complete the navigational ( improvements. The local contributions to the project included not only access to lands to construct the Breakwater but also for disposal of dredged materials. Under the Agreement, the Corps did not want title to land: "However, nothing contained herein, shall convey to the Government any interest in real property owned or controlled by the Non - Federal Sponsor.n Furthermore, the actions by the Corps to extend the Breakwater, dredge the channel, and incidently create dry land through the deposit of dredged materials did not f give the Corps title to such land or material deposited. The City's acceptance of BOD Disposal Area 1 returns day to day control of the filled land to the City but does not waive Navigational Servitude. With this in mind, the City may otherwise make use of the filled land subject to the caveats contained in this memorandum. 3. Patent Restrictions. COfIriuttyiIAi Use of the filled area may also be subject to reservations and exceptions as contained in the U. 5. Patent and any other valid existing rights, reservations, easements and use restrictions (including state patent). An updated survey and title report are necessary to determine reservations and exceptions of. record. For example, Tidelands ¢ The City is referred to as the Non - Federal Sponsor in the Agreement. 1:1Docs1433710011Genera( 20051M2Ransom re Harbor Breakwater.wpd 4 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 5 Patent No. 232 expressly reserves to the State of Alaska all mineral rights and is subject to the restriction that no one can take herring spawn in the waters or over the tidelands conveyed nor can anyone on the property engage in the sale, barter or exchange of the herring spawn for profit except that herring spawn can be used by state residents for personal consumption or "barter or exchange for the necessities of life, pursuant to AS 16.10.140 -170 as amended." 4. Miscellaneous Federal and City Restrictions. CONFIDENTIAL Absent other restrictions by law or agreement, the City, does have power to operate the harbor as a public facility in a manner consistent with Navigational Servitude. Charter ■• § 4.10 provides: "The council shall regulate the use and development of all waters and submerged lands which are subject to the jurisdiction of the ci . "..However,:please not: C hat of er oca sae, arid federal laws ma a `ect use of the fill • - nd. The Har•or Improvements Final lnterirri ify Report, Volume 2,'September 1998, indicates that the area is in the high risk seismic hazard area and that there may be restrictions on the use of federal funds in such areas for certain new construction. _.Any use of the filled land . must also comply with Seward City Code ( "SCC ") 15.25, Floodplain Management. The Breakwater and the filled land appear to be located in the coastal high hazard area under SCC § 15.25.050 D and special restrictions apply to construction in such areas in addition to the general provisions of SCC § 15.25.030. Most notably, the use of fill for the support of buildings within zones V1 -V30 on the Flood Insurance Rate Map is prohibited. SCC § 15.25.050 D(4). Other planning and zoning provisions may also apply depending on the proposed use. For example, camping areas must be designated by City Council resolution under SCC § 7.15.010 and SCC § 11.15.100. 5. Geophysical and Other Considerations. CONFIDENTIAL The preceding comments refer to only legal restrictions. The City provided the Corps access to the area now comprising the filled land only for deposit of dredged materials. It was not the intention of the project to create land for any particular purpose and, therefore, the type of dredged materials deposited and the extent of compaction may not meet engineering specifications for construction of improvements. s a ractical matter, soil stability should be tested prior to any use and consideration should be given to the cost of any improvements and allocation of risk in the event improvements must be removed to allow additional use of the area by the Corp for navigational maintenance or improvemen s. -- , • I:1Docs1433710011General 20051■2Ransom re Harbor Breakwater.wpd 4 5 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 6 For all these reasons, the Breakwater and filled land should not be considered available for disposition by sale or lease in the same manner as other City lands. And, as noted, even use by the City of the filled land may be limited to uses such as parking and other uses not involving significant structures and any improvements made are subject to removal if the Corps again requires use of the filled land for navigational aid purposes. CONFIDENTIAL I: Docs1433710011General 20051M2Ransom re Harbor Breakwater.wpd r. 6 ¢ / DEPARTMENT OF THE ARMY LAT _ ,_ U.S. ARMY ENGINEER DISTRICT, ALASKA la -:t i r M) P.O. BOX 6898 ELMENDORF AFB, ALASKA 99506 -0898 REPLY TO ATT on District Commander ECE OWE 21 SEP 24 2007 Philip Oates, City Manager ° City of Seward P.O. Box 167 CITY OF SEWARD Seward, Alaska 99664 CITY MANAGER Dear Mr. Oates: I am writing in response to your request to surrender the Federal government's right to Navigational Servitude on the 3.5 acres of disposal area created by the Seward Harbor Navigational Improvements Project. - Regrettably I cannot surrender this right. This is a right embedded in the Constitution that the U.S. Army Corps of Engineers cannot waive. Under the provisions of Navigational Servitude, if future operations by the United States require the removal, relocation, or other alteration of this disposal site, the City of Seward will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. However, like an encumbered lease, you may make further improvements or conduct other uses for this property as long as you recognize the risk associated should the Federal government exercise its Navigational Servitude authority at a later date. I need to emphasize that the Corps has no responsibility to maintain this disposal area including the rock slope protection on the outside perimeter of the disposal area. Also, the Corps will need access to inspect the former entrance channel and breakwater. That said, at the present time I do not see any circumstance where we would exercise our Navigational Servitude again on this property. — - - -- plan _ -City _ _. Shou1T we lan to do so, the - " of Seward wou b - recognized as - either the local cost sharing sponsor or as a stakeholder and be invited to any discussions on any project affecting this area. Please feel free to contact me on this matter. .Any technical questions should be directed to Mr. Bo Wierzbicki, Project Manager, at (907) 753 -5778. Sincerely, Kevin J. ilson Colonel, Corps of Engineers District Commander �. rt 0 7 911 West Eighth Avenue Anchorage, Alaska 99501 907.279.0543 • 800.770.0543 Fax: 907.276.7679 TRYCK NYMAN HAYES, INC Email: tedt@tnh- inc.com MEMORANDUM TO: Kari Anderson PAGES: 2 FROM: Kim Nielsen DATE: 8/13/08 SUBJECT: South Harbor Fill Area I understand that the City is interested in moving forward with creating a development plan for the new South Harbor Fill Area and has a few questions regarding engineering foundation considerations and other requirements in this new area. The following is an attempt to answer and briefly explain these concerns as we understand them. 1. Question Regarding Navigational Servitude and the Corps of Engineer's Restrictions on Use: As far as I know there are no restrictions on developing the south fill other than the potential for "Navigational Servitude ". This term refers to the Federal Government's right to claim land within waters of the U.S. in the interest of navigation. Technically the south fill area is still considered "waters of the US" and is subject to Navigational Servitude if for some reason it was ever needed. So, it does apply, but it is a very remote possibility that it would ever be exerdsed. I believe the Corps sent the City a letter in August of 2007 that addressed their request for the Federal Government to waive Navigation Servitude for the south fill area. The letter said that the Corps cannot waive this; however it is very unlikely that the City would ever be asked to remove any improvements constructed on the fill area. The US Army Corps of Engineers (Corps) designed, built, and paid for a significant portion of the South Fill Area /breakwater. Maintenance of the breakwaters and entrance channel is the Corps' responsibility. The south fill uplands area and other non - federal features are local sponsor responsibility for maintenance. This means that the Corps will need access to the edge of the breakwater on all sides in order to perform maintenance to the armor rock slopes. I talked to Alan Jeffries at the Corps about the O &M requirements on the breakwater. He consulted with the O &M branch chief, who indicated that they don't require the City to provide an easement to allow access for land -based maintenance on the breakwater or entrance channel. However, you should clarify whether it is the City or Corps responsibility for maintaining the north and south rock slopes of the fill area. If it is the City's responsibility to maintain those, you may want to consider an easement of sufficient width to facilitate land - based maintenance work. The "boardwalk" shown in TNH's concept plan could be designed to - accommodate these loads. The City should contact the Corps and /or the City Attorney to confirm this and any additional requirements or restrictions. However, if restrictions do apply, one outlet you may want to investigate is the federal requirement for beneficial use of dredged material. The federal government encourages beneficial use of dredged material for things such as restored wetlands, fish habitat, and parks, etc. The conceptual development plan for the South Fill Area which includes a portion of the area being used for recreation —with a fishing pier, pavilion, mariner's memorial, etc. More information can be found at http://el.erdc.usace.armv.mil/dots/budm/budm.ofrn 2. Question Regarding Geotechnical Considerations for Building Foundations at the South Fill Area: It is known that the South Fill Area consists of dredge spoils which were placed during the US Army Corps of Engineers' breakwater project (2005). Because this was essentially a dredged material disposal area, Engineering Surveying Landscape Architecture ` s !► 911 West Eighth Avenue Anchorage, Alaska 99501 907.279.0543 800.770.0543 Fax: 907.276.7679 Email: tedt@tnh- inc.com TRYCK NYMAN HAYES, INC. the Corps did not conduct any compaction of the material as it was being placed. The material, primarily sand, was pumped into the area and dewatered on its own without any spedal measures taken. We understand that there is some concern within the City that this fill will continue to settle over the years and that adequate compaction may not be achieved during construction. As part of the design of the South Harbor access trestle, road, utilities, and restroom facilities, TNH, Inc. subcontracted geotechnical engineers from Shannon & Wilson, Inc. (S &W) in 2006 to conduct a subsurface geotechnical investigation induding four soil borings at several locations in the new fill area. Their foundation design recommendations were followed in the design of these facilities. Note that it has been over 3 years since placement of the fill and 2 years since this investigation was conducted. Most natural settlement and compaction of new fill areas are generally expected to occur over 2 -3 years. We do not expect significant additional natural settlement of the existing granular fill. During the 2006 geotechnical investigation, the soil borings encountered 17.5 to 20.5 feet of granular fill overlying native silty sand. The relative density ranged from loose to medium dense with moisture contents between 3 and 12 %. Below the fill, the borings encountered loose to dense, dean to slightly silty sand with moisture contents between 18 to 22 %. Water was encountered in the borings between 15 and 21 feet below ground surface. These levels are expected to change as tidal changes are experienced. The design of building foundations must consider the bearing support capabilities of the soils as well as the expected settlements and the effects of seasonal frost action. The 2006 borings indicated that the interlayered slightly silty, gravelly, sandy soils that were encountered in the area of the restroom fadiity were already relatively compact. It is likely that because the dredged sediments used to create this fill area were saturated with water when they were placed, a significant amount of compaction occurred very quickly. S &W's recommendations indicated that the existing medium dense fill would provide adequate support for the restroom facility. The restroom facility was designed accordingly using adequately sized continuous strip footings and a concrete floor slab. We do recommend a new geotechnical investigation prior to design /construction of new building foundation(s), to obtain information specific to the area and cater the foundation design appropriately. 3. Ouestion Regarding a Requirement for Pile Foundations: I recall that this question came up previously when we were permitting the South Harbor Restroom facility with the City of Seward. The City indicated that the City code follows FEMA requirements regarding flood zones. There is a City code that references construction in "Coastal high hazard areas" which are located in a flood hazard area per FEMA. These areas have special flood hazards assodated with high velocity waters from tidal surges. These are usually areas located below the high water mark and are related to FEMA's flood hazard insurance maps which identify these areas. The problem is the new fill area did not exist when the flood map was created —this area was navigable ocean at the time the map was last updated and therefore it was included in the flood hazard zone. Obviously, a structure build over the water must be on piling. So, the confusion about the requirement for piling foundation in flood hazard areas results from this outdated map designation. Again, from a geotechnical /engineering standpoint a pile foundation is not required for any structure constructed sufficiently above the recorded extreme high tide line of 15- ft elevation (MLLW) in this area. In this case, it is recommended that the City allow for a variance. However, there may be a need within the City to get the FEMA maps updated to adequately reflect the flood designation for the south fill area and other new fill areas around the harbor. (Note that the new south fill area is at the same elevation as the former breakwaters, which are not designated as flood zones in the old flood map). Engineerin Surveying Landscape Architecture 8 � 9 I 1_ - - -_i : -_. SOWN HARBOR sT. a� NOTES WASTEWATER DISPOSAL 1 „ yt i tt_ ►9Y- 1 These parcels we subject fo the City of Seword's zoning 99 �! 3 W �` 75 s- and land use regulations. Plops for wastewater disposal, that meet regulatory �t p!o: requirements are on file of the Deportment of TIN fog 2 No permanent structure may be constructed or placed � . h t Lor I I 1f � within o utility easement which would infer /ere with the Environmental Conservation. �.4' - _ - �: 1 _ + I / J ability or a Utility to use the easement. 06 T1S 4 ' ,TAI D 3 2 I BLOCK 6 J 16 L — — — / SEwaea 54460 8091 HARBOR � '�r i i P/af - r - I - I I / u ' is is g, . �'d Re- urrection Boy M ' ......... r r 9 2; ' J 11 12 BLOCw e `) ( '': S r na':- : :7: : : .::............. ATS 174 .. 4 3 #4 1 .. .......:. . � .....r.v� r 2 VICINITY MAP I".---1 MILE 1 • " �. . Seward Boat Harbor . = 1 Of 111111 CERTIFICATE OF O,4IVERSHIP AND DEDICATION •• , ° br ar wir ' • We hereby certify that we are the owners of the red property LOT 2 1 ::':::: ` - Q •Z � •• a T , ; T =v ( shown and tlescr/bed , hereon and that we hereby adopt fAls plan `::..A: "1 '::1' • :1 ...." :: :::. 1 \; ' -i - - o/ subdivision and grant all easements by our free cansmt. 22 0 .. ra). y f' °.:: pp 7 �L':- ,,,,,,���ttt "'S i. City of Sew 0 ..: Saal ....... ........ ��% -a city o/ Seward � i I . L Ili_ / C_ mo i s 0 0 P.O. Box 167 1 E :: :::: ::::" ..:: .. "a �C — " i / Erd .r t. 9 Seward, AK 99669 5 - 1 -- ` .. Ih .... / ---------------- --- --- ------ s------- "-- -- -- - } �' ' . ' NOTARY'S ACKNOWLEDGEMENT 4 1 N 454* / ) ________________ _ __ I . ''i FOR: 80' — '''I v,•:.• SUBSCRIBED AND SWORN TO BEFORE M£ THIS — _ ; LOT 17A H - --- DAY OF 20 _ _1 I \ BLOCK 6 s _ `� ; , 2 4i fi r' . a F . y W - ` - e\ OCf —14 I r ` R 9' 6 AC _' 1 6 7 NOTARY FOR ALASKA MY COMMISSIt.., .FIRES — A y. 11 S j r. \ w r r a -1 r l l, CD 1 �� — _.I q r _ \ ------ ♦ i'� 4 .V" , ♦ i t -.. r moor 7 F. — Je • .•v 3' ?3 8 r W r " "" Al , 4. s Mr d e� ATS 174 — - 1: ''- z 1- . + .x++7: 0 7 z 6 ;,T). N' - -I „ / Resurrection Boy — BL OCK B 2 3 \ ' ' �- — -- 1 1 --- w o RRRN J I �r V t '^^` 14 w PLAT APPROVAL w This plot was approved by the Kenai Peninsula Borough _ _L — _ _4. I " --0-, .: }' . - ,r \ 1 UPLANDS LINE TABLE Planning Commission of the meeting of: i ' / , Al. Cop LINE BEARING DISTANCE L VAN BUREN ST. 4 ` . . . ;r` 00 \ 1 L1 55371738"£, 85.58' �� - A \ l,2 58945'05 5 29.31' Borough Official F.; « " '• N. \'. LJ N68'0693`E 6744' LEGEND 9 2 �\ L4 N29JB30 "E 1582' Found Monument 1 f= _ =1 I� ; L5 500'44'12 "E 74.90' 41 F ound PK um PRELIMINARY PLAT 1 L — -J —\ L6 S295744'4 3540' SEWARD SMALL BOAT HARBOR J 1_ A Found RB e: 7 80 I BLOC 6 1 I I I 80' 'moor 7\ MEANDER LINE TABLE' 0 Set 88 & PL Cop SOUTH HARBOR ADDITION LINE BEARING DISTANCE a Found Rebor A RESUBDIV/SION OF M7 563'08'23'£ .53.96' Uplands Parcel Boundary LOT 17, BLOCK 6 SEWARD SMALL BOAT HARBOR M2 53352'21"E 74.25' - - - - -- Tidelands Parcel Boundary PLAT NUMBER 2000 - SURVEYOR'S CERTIFICATE 11.3 88.41' • . . Vacated Property Lines LOTS B THROUGH 20, BLOCK B, LAUBN£R ADDITION M4 N89'18'47"£ 767.79'_ Existing Eosments PLAT NUMBER 2 I hereby certify (hot; I om properly registered and licensed 145 631'14'23T 379.72' Proposed AND A PORTION OF ALASKA TIDELANDS SURVEY 174 10 practice land surveying in Inc State of Alaska, this plot M6 65959'20`£ 21.95' Sanitary Easement Sewer PLAT NUMBER 39 represents o survey mode by me or under my direct supervision, M7 S63'44'491' 19 Waterline LOCATED IN THE SW 1/4 SECTION 3 the monuments shown hereon actually exist as described, and M8 5017635"£ 26.90' v^ all dimensions and other details ore correct to the normal '08 "' — •o Storm Groin TIS, R1W, SEWARD MERIDIAN, ALASKA sfondw in M9 23024'08"W 42228 ds o/ practice of fond surveyors the State of Alaska. •— Underground Electric KENAI PENINSULA BOROUGH .�„",,, 6410 551543119 131.36' � pl. • q e MI1 SJJ ?333 "W 141.72' Overhead Uf6ify lines CITY OF SEWARD Dale Li:' y e . p, C •• " ""' : Qt e e M12 58037'09 "w 83.92' „, r9 sewer Manhole SEWARD RECORDING DISTRICT '��99 M73 57240'00 "W 538.14' Y Wafer Vo.lve Box % ° I' ' 49th * `;R ° , ;K Fire Hydrant CLINE AND ASSOCIATES CURVE DATA e Storm Drain Manhole LAND SURVEYORS CURVET RADIUS DELTA T LENGTH CHORD L BEARING err. Power Poles 416 4th AVENUE PO BOX 2703 SEWARD, Al( 99664 4 n. Nkn6ka Ci Gwei „.,•.".•.• .0 Cl 217.00' 1653'54” 64.00' 63.77' N087659"£ E- Guy Anchor p 7 ^o 4 j ' Wm. '+„ LS !# m Electric Facilities (907) 224 -7324 FAX (907) 224 -6088 � ..... pa DATE.: 12/31/2008 SCALE: I" = 100' p 'ry' '[ssiuw`'t �pe-p-� • DRAWN: (INC F.D. BK.: 08 -07 DRAWING ND.: 08 -46PP1 K.P.B. FILE 4t 2009- Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, • ALASKA, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SMALL BOAT HARBOR WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly influenced our history and economy, and WHEREAS, Seward currently does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a mainstay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners do not have a dedicated memorial for display; and WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual Blessing of the Fleet and other marine - oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai Fjords Yacht Club has started a Mariners Memorial Fund through the 2003 Seward Centennial non - profit account; and WHEREAS, resolutions of support for the concept of the Mariners Memorial have been passed by the Port and Commerce Advisory Board, the Seward Historic Preservation Commission and the Seward Planning and Zoning Commission; and WHEREAS, additional donations and grants to fund the design, construction, and maintenance of a Mariners Memorial will continue to be sought by local organizations and individuals. 30 20 CITY OF SEWARD, ALASKA RESOLUTION 2006 -49 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska that: Section 1. The Council of the City of Seward, Alaska supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Council of the City of Seward, Alaska this 8th day of May, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: Dunham, Valdatta, Lorenz, Thomas, Schafer, Bardarson, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: I 4_ .16hanna Dollerhide Actin •• sty OF sZ.11 : ' #i . SEAL . Os ', aGi . . t � vim= >ti 3► +h sA 4' 21 Council Agenda Statement Meeting Date: May 8, 2006 Through: Clark Corbridge, City Manager From: Malcolm Brown, Planner Agenda Item: Supporting the concept of the Mariners - Memorial for the Seward Small Boat Harbor BACKGROUND & JUSTIFICATION: The Kenai Fjords Yacht Club has submitted a request of support for the concept of a Mariners Memorial for the Seward Small Boat Harbor. This has been an ongoing project for several years. Numerous civic and social organizations throughout the community support the Mariners Memorial. Letters of support, including the Port and Commerce Advisory Board, Resolution 2004 -07 the Historic Preservation Commission, Resolution 2006 -01 and the Planning and Zoning Commission 2006 -10 are included in the packet for review. A Mariner's Memorial Fund has been established at the First National Bank. Local organizations and individuals will continue to pursue additional donations and grants to fund the design, construction and maintenance of the Mariner's Memorial. FISCAL NOTE This activity does not require appropriation of any funds. Approved by Finance Department RECOMMENDATION: Council approve Resolution 2006 -XX, supporting the concept of the Mariners Memorial for the Seward Small Boat Harbor. 32 22 CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004 -07 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE DESIGNATION OF A PORTION OF THE NEW SOUTH HARBOR UPLANDS ADDITION AS THE SITE FOR A MARINERS' MEMORIAL WHEREAS, Seward's history and economy are tied to its position as a seaport; and WHEREAS, Seward has no memorial representing the many locals who dedicated their lives to service at sea, and others who lost their lives in our local waters; and WHEREAS, survivors of local mariners have had memorial plaques made but have no where designated to display them; and WHEREAS, Seward has no good venue for its annual Blessing of the Fleet and other marine- oriented ceremonies; and WHEREAS, a mariners' memorial could also serve as a reminder of our maritime history and the importance of safe boating practices; and WHEREAS, the local Kenai Fjords Yacht Club donated $1000 (one - thousand dollars) in March 2004 to start a Mariner' Memorial Fund through the 2003 Seward Centennial non - profit account; and WHEREAS, other donations and grants would be sought by local residents and organizations to fund the design, construction, and maintenance of the mariner's memorial. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The Port and Commerce Advisory Board supports designating a portion of the new south harbor uplands addition for the location of a mariners' memorial. Section 2. The mariners' memorial would be funded by the Mariners' Memorial Fund. Section 3. Other donations and grants would be sought to fund the design, construction, and maintenance of the mariners' memorial. Section 4. This resolution shall take affect immediately upon its adoption. 23 CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004 -07 PASSED AND APPROVED by the Port and Commerce Advisory Board of Seward, Alaska, this 1st • day of September 2004. PORT AND COMMERCE ADVISORY BOARD DEBORAH ALTERMATT, CHAIR AYES : Alterman, Lechner, Tougas, Van Buskirk, Jordan, Waliezer, Whitman, NOES: None ABSENT Mercer ABSTAIN: None ATTEST: ity Seal) OF B / , ��y,, b s n i •••;TUV : iO . Vol , a , j /l V I 24 Sponsored by: Staff CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2006 -01 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION • COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SEWARD SMALL BOAT HARBOR WHEREAS, the first ship built in Alaska is believed to have been built in the Resurrection Bay area; and WHEREAS, the historic settlers of Resurrection Bay all arrived by boat; and WHEREAS, the first American pioneer settlers of Seward arrived by steamship; and WHEREAS, Seward's history and economy has continued to be directly influenced by its position as an ice -free seaport in south central Alaska; and WHEREAS, Seward does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a main stay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners currently do not have a dedicated memorial for display; and WHEREAS, Seward needs a good venue for its annual Blessing of the Fleet and other marine- oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, the Kenai Fjords Yacht Club donated $1000 (one thousand dollars) in March 2004 to start a Mariners' Memorial Fund through the 2003 Seward Centennial non-profit account; and WHEREAS, local organizations and individuals will pursue additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial; r rd al .3 25 Seward Historic Preservation Commission Resolution 2006 -01 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission that: Section 1. The Historic Preservation Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Historic Preservation Commission this 15 day of February 2006. THE CITY OF SEWARD, ALASKA om Swann, Vice -Chair AYES: Park, Rowell, Walker- Hettinger, Swann NOES: None ABSENT: Huber, Carpenter, Kovac ABSTAIN: None ATTEST: _ �, � . Jei Lewis, C r Clerk (City Seal) �, s V t' f 6 26 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION W RESOLUTION 2006 -10 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SMALL BOAT HARBOR WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly influenced our history and economy; and WHEREAS, Seward currently does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a mainstay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners do not have a dedicated memorial for display; and WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual Blessing of the Fleet and other marine- oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai Fjords Yacht Club has started a Mariners' Memorial Fund through the 2003 Seward Centennial non - profit account; and WHEREAS, additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial will continue to be sought by local organizations and individuals. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: J 27 Seward Planning and Zoning Commission Resolution No. 2006 -10 Page 2 Section 1. The Planning and Zoning Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of April, 2006. THE CITY OF SEWARD, ALASKA • r 1 i • M. 'anna Keil, C . AYES: Strobel, Roach', Hohl, Anderson, Clark, Smith NOES: None ABSENT: Keil ABSTAIN: None ATTEST: (k /e-itaeo•O(40 boll-e d?, `, City Clerk t A(, f, ti) 41 w i • � SEAL ; M p Yq j • O M r o - loecT �'ec 0.47 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO DIRECT CITY STAFF TO DEVELOP A PLAN TO TRANSFER THE SEWARD MUSEUM OPERATION AND MAINTENANCE TO THE CITY OF SEWARD FROM THE RESURRECTION BAY HISTORICAL SOCIETY AND PRESENT THE PLAN TO COUNCIL FOR CONSIDERATION AND APPROVAL IN OCTOBER 2010 WHEREAS, The City of Seward has supported the Seward Museum in -kind and fiscally since 1965 and: WHEREAS, the Seward Museum, as part of the Seward Community Center, operates in the street level floor of that building under a Joint Management Agreement with the City of Seward; and WHEREAS, The City has contributed an annual stipend to the Seward Museum for several years, varying between $1000 and $5000; and WHEREAS, The City has staffed the museum with a library museum assistant since 2008; and WHEREAS, The current volunteer director of the Museum, Lee Poleske, has indicated he will retire from his position as director and curator in 2011; WHEREAS, the transfer plan will include increased staffing of the museum by City employees as recommended in the Seward Community Library Museum Business plan; and WHEREAS, estimated cost to operate the Museum as is currently operated is $73820.48. including 2009 Expenses incurred by Resurrection Bay Historical Society totaling $17863.52, current city employee (.35FTE library museum aide) $7902.96 and proposed $48054.74 (Range 17A) for full time curator position to replace current volunteer manager; and WHEREAS, a complete plan will be brought to Council in October 2010 for consideration and approval; and WHEREAS, direction by Council to create a plan to continue the services and programs of the Seward Museum will insure a future for Seward's history, its preservation, protection and accessibility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: THE CITY OF SEWARD, ALASKA RESOLUTION 2010 - 059 Section 1. The City Council directs the City Manager and City staff to develop a plan to transfer the Seward Museum operation and maintenance to the City of Seward from the Resurrection Bay Historical Society. Section 2. The plan will be presented to Council for consideration and approval in October 2010. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12 day of July 2010. THE CITY OF SEWARD, ALASKA Willard E Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 40 COUNCIL AGENDA STATEMENT Meeting Date: July 12, 2010 Through: Phillip Oates, City Managei,.. From: Patricia Linville, Library Director SAP Agenda Item: A Resolution to Authorize the City Manager to direct City staff to develop a plan to transfer the Seward Museum operation and maintenance to the City of Seward from the Resurrection Bay Historical Society and present the plan to Council for consideration and approval in October 2010. BACKGROUND & JUSTIFICATION: This resolution requests that Council direct the City Manager and City Staff to create a plan to transfer the operation and maintenance of the Seward Museum from the Resurrection Bay Historical Society to the City. The plan to transfer will insure the museum's future and is in keeping with the current plan to build the Seward Community Library Museum. The City of Seward has supported the Seward Museum in -kind and fiscally since 1965. The City agreed to renovate an earthquake damaged building on Third and Railway known as the Peel House for the RBHS. When that project was deemed too expensive, the basement of City Hall was offered as a place to display artifacts. No rent or utilities were charged for the use, RBHS paid all other costs. When the post office moved to a new location the City proposed to the Senior Center and Historical Society that the old building be turned into a Senior Center /Museum/Community Center. Both groups agreed to the proposal. A bond issue to pay for the building and its remodeling was passed in 1987. The facility was ready for occupancy in 1989. Currently, the Seward Museum, as part of the Seward Community Center, operates in the street level floor of that building under a Joint Management Agreement with the City of Seward. The City has contributed an annual stipend to the Seward Museum for several years, varying between $1000 and $5000. The current volunteer director of the Museum, Lee Poleske, has indicated he will retire from his position after twenty odd years. Therefore, the transfer plan will include increased staffing of the museum by City employees as recommended in the Seward Community Library Museum Business plan. Estimated cost to operate the Museum as is currently operated is $73820.48. Estimate includes 2009 Expenses incurred by Resurrection Bay Historical Society totaling $17863.52, current city employee (.35FTE library museum aide) $7902.96 and proposed $48054.74 (Range 17A) for full time curator position to replace current volunteer manager. • These estimates will be more detailed in the proposed transfer plan. A complete plan will be brought to Council in October 2010 for consideration and approval. The direction by Council to create a plan to continue the services and programs of the Seward Museum will insure a future for Seward's history, its preservation, protection and accessibility. 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 direct the City Manager and City Staff to create a plan to transfer the operation and maintenance of the Seward Museum from the Resurrection Bay Historical Society. The plan will be presented to Council for consideration and approval in October 2010. ATTORNEY REVIEW: No FISCAL NOTE: Estimated cost to operate the Museum as is currently operated is $73820.48. Estimate includes 2009 Expenses incurred by Resurrection Bay Historical Society totaling $17863.52, current city employee (.35FTE library museum aide) $7902.96 and proposed $48054.74 (Range 17A) for full time curator position to replace current volunteer manager. Approved by Finance Department RECOMMENDATION: Approve Resolution 2010 -5°l that directs the City Manager and City Staff to create a plan to transfer the operation and maintenance of the Seward Museum from the Resurrection Bay Historical Society and present the plan to Council in October 2010 for consideration and approval. 42 City Council Work Session Museum Management June 29, 2010 6:00 pm Information Provided by Patricia Linville, Library Director Decision to be Discussed: To create and pass a resolution directing the City Manager to work with the Resurrection Bay Historical Society to outline the transfer of the operation and maintenance of the Seward Museum to the City of Seward. A second resolution will come before Council to approve the plan created. Assumptions: 1. Lee Poleske will retire from the Seward Museum in 2011. He has managed the museum for over 30 years on a volunteer basis. 2. The City currently funds a library museum aide who works 6 hours a week at the museum. 3. The City Council has approved numerous resolutions of support for the library museum project, indicating their intent to operate the Seward Museum. Benefits and desired results: 1. A Resolution to enter into negotiations with the RBHS gives planners clear direction and a common goal in completing their work. 2. Official acknowledgement of City management of the Seward Museum will assure uninterrupted operation of the program. 3. Official acknowledgement of City management of the Seward Museum will assure funders that the library museum project is proceeding as laid out in the business plan. Description of need: Two factors are driving this proposal. First, Lee Poleske has managed the Seward Museum for the Resurrection Bay Historical Society and is planning on retiring in 2011. Second, plans to build the Seward Community Library Museum are progressing and detailed plans for operation and maintenance of the Seward Museum are essential to show funders sustainability of the facility. Background of City support of the Seward Museum The City of Seward has supported the Resurrection Bay Historical Society (RBHS) and its efforts to develop the Seward Museum in -kind and fiscally since 1965. The City agreed to renovate an earthquake damaged building on Third and Railway known as the Peel House for the RBHS. When that project was deemed too expensive, the basement of City Hall was offered as a place to display artifacts. No rent or utilities were charged for the use, RBHS paid all other costs. When the post office moved to a new location the City proposed to the Senior Center and Historical Society that the vacated • building be turned into a Senior Center /Museum /Community Center. Both groups agreed to the proposal. A bond issue to pay for the building and its remodeling was passed in 1987. The facility was ready for occupancy in 1989. Currently, the Seward 4 3 Museum, as part of the Seward Community Center, operates in the street level floor of that building under a Joint Management Agreement with the City of Seward. The City has contributed an annual stipend to the Seward Museum for several years, varying between $1000 and $5000. How will the proposal be implemented? • City Staff will draft a Council Resolution to outline the transfer of the operation and . maintenance of the Seward Museum to the City of Seward. • Upon approval: o Museum Planning Team will draft details of City management to include: • Estimated costs projected for three years • Timeline • Staffing needs • Collection Management /Ownership • Other concerns as needed • Museum Planning Team will bring their work to RBHS for review and approval. • Final plan will be presented to Council for approval in October 2010. Alternatives 1. Upon retirement Lee Poleske closes the museum and gives the keys to the City of Seward. 2. RBHS forms plan of operation for Seward Museum without City support. 3. No other alternatives have been considered. Consequences if not approved • Future operation of Seward Museum will be unclear. • Transfer of operation and maintenance duties will be at time of need. • Future plans for proposed library museum facility will be in jeopardy of failure due to perception that City of Seward does not support assuming operation and maintenance of Seward Museum. Cost of required resources (breakdown of costs) The following costs are presented to give Council an idea of possible costs associated with approving the transfer of operation and maintenance of the Seward Museum to the City of Seward. They assume keeping the current status of the museum and are not projected for the new facility. 2009 Museum Financials Expenses Revenues $17863.52 $21647.72 Management (Lee) 0 Personnel Costs Libra Museum Aide •7902.96 •25.33 hr • 6 hrs week *52 includes benefits .. 3 .�3w�F'�t �e i.�I� I �?i_r t� ` -. _ Et,.ee r7°'Cf.l'rc;° Fhi .'F � 4�L _. Rough estimate to operate and $73.820.48: ' Possible revenues $21647.72 maintain Seward Museum 2 4 4 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -060 A RESOLUTION OF THE SEWARD CITY COUCIL OF THE CITY OF SEWARD, ACCEPTING A GRANT FROM THE ALASKA ENERGY AUTHORITY IN THE AMOUNT OF $115,800 AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PROCUREMENT OF SUPPLIES AND EQUIPMENT AND APPPROPRIATE FUNDS WHEREAS, the Alaska Energy Authority awarded a grant to the City of Seward for energy efficiency assistance in the amount of $115,800; and WHEREAS, this grant was funded by the Alaska Energy Authority distributed American Recovery and Reinvestment Act (ARRA) funding for energy efficiency projects; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward will submit a request for proposal for the contracted services portion of the scope of work outlined in this grant to include the window and door replacement and installation for the Fire Hall, City Hall and Public Works; and WHEREAS, the City Manager will present a subsequent resolution to the City Council to award a contract to the most qualified proposal; and WHEREAS, in accordance with the Alaska Energy Authority procurement guidelines and grant stipulations, the City will request quotes for all equipment and supplies included in the scope of work; and WHEREAS, the City will utilize city staff to meet the required $10,000 in -kind match. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Manager is authorized to enter into a Grant Agreement with the Alaska Energy Authority and to accept grant funds in the amount of $115,800 to the Energy Grant Fund number 306 - 3062 - 4680 -0100. Section 2. The City Manager is authorized to purchase the equipment and supplies included in the grant application scope of work and issue a request for proposal for contracted services. 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 12th day of July, 2010. 45 Council Agenda Statement Meeting Date: July 12, 2010 iof sett. q, A To: Phillip Oates, City Managed e 'i R From: William Casey, Public Works 'UAW Agenda Item: Accepting a grant from the Alaska Energy Authority for energy efficiency and appropriating funds On April 19, 2010 the City of Seward submitted a grant application to the Alaska Energy Authority for the Alaska Small City Energy Efficiency & Conservation Block Grant (EECBG). The scope of work included the replacement of City boilers, hot water heaters, a Toyo stove, a motion detector and a washer /dryer. The scope also included replacement of some windows and doors at three public facilities including the City Hall, Fire Hall, & Public Works. On April 30, 2010, the Alaska Energy Authority awarded a grant to the City of Seward for energy efficiency assistance in the amount of $115,800. The City Manager received a letter from the Alaska Energy Authority approving our grant application and authorizing the work to begin as early as May 1, 2010. Attached are the grant letter, agreement and application with the grant provisions and the funding announcement. This grant was funded by the Alaska Energy Authority distributed American Recovery and Reinvestment Act (ARRA) funding for energy efficiency projects. In accordance with Seward City Code 6.10.310 the City of Seward will submit a request for proposal for the contracted services portion of the scope of work outlined in this grant to include the window and door replacement and installation for the City Hall, Fire Hall and Public Works. The City Manager will present a subsequent resolution to the City Council to award a contract to the most qualified proposal. In accordance with the Alaska Energy Authority procurement guidelines and grant stipulations, the City intends to request quotes for all equipment and supplies included in the scope ofwork. The City will utilize city staff to meet the required $10,000 in -kind match. INTENT: This resolution proposes to achieve jwti'three objectives: 1) To accept grant funds from the Alaska Energy Authority in the amount of $115,800; 2) Authorize the procurement of supplies and equipment outlined in the grant scope ofwork; 3) obtain Council approval for the appropriation of funds. FISCAL NOTE: Funding in the total amount of $125,800 including matching in -kind funds in the amount of $10,000 is hereby appropriated into account no. 306 - 3062 -xxxx. In -kind contributions will include city staff time for the management of the grant and procurement of the goods and services. Approved by Finance Department 1(�; a .� � ATTORNEY REVIEW: Yes No X 6 CITY OF SEWARD, ALASKA RESOLUTION 2010 - RECOMMENDATION: Council supports Resolution 2010 - authorizing the city manager to enter into a Grant Agreement with the Alaska Energy Authority and to accept grant funds in the amount of $115,800 to the Energy Grant Fund number 306- 3062 - 4680 -0100 and authorizing the city manager to purchase the equipment and supplies included in the grant application scope of work and issue a request for proposal for contracted services. 47 * ALASKA D ENERGY AUTHORITY Alaska Industrial Development and Export Authority April 30, 2010 Dear Grantees, Thank you for your application for the Alaska Small Cities Energy Efficiency and Conservation Block Grants. I am pleased to report that your application has been approved and work may begin May 1, 2010. Attached please find the signed Grant Agreement and Application, the Grant Provisions, and the Funding Announcement. All three packages contain the parameters and rules about your EECBG project. Please read these documents carefully, as there are many important federal rules that must be met, such as paying Davis -Bacon wages and complying with the Buy American Act. There are also important reporting requirements and deadlines that must be met to ensure the continued use of your grant funds. We at Alaska Energy Authority are committed to helping ensure that all cities gain the maximum benefit from these funds in the form of the most energy saved per grant dollar invested to reduce your community's energy costs for years to come. To that end, we welcome you to contact us with any questions you have about your energy efficiency projects. We are pleased to offer any technical assistance that we can provide, and possibly even offer building science training for workers to ensure any building envelope changes are performed properly to avoid future building problems. We may also send ideas and tips via email to the primary contact listed on the Grant Agreement. In June we will be launching the first phase of a new energy efficiency web site at www.akenergyefficiency.org that may be helpful to you and your project. Please remember to take photographs of your project before and after and send them in with your quarterly reports. We are interested in sharing some of the success stories with other cities and with the public. Your first quarterly report is due June 15, 2010. Quarterly reports will be due every three months thereafter until the grant is closed out, as detailed in the Provisions. Quarterly report deadlines are as follows. • June 15 • September 15 • December 15 • March 15 All work must be completed by August 31, 2012. The reporting form will be posted to the EECBG web site soon http:// www. akenergyauthority .org/eecbg.html. Congratulations on your successful application. We look forward to working with you to start to achieve the new State goal of increasing energy efficiency by 15 percent by 2020. Sincerely, S ou\ 2 .):_ s Sean Skaling Energy Efficiency and Conservation Program Manager 48 t 813 West Northern Lights Boulevard • Anchorage, Alaska 99503 -2495 www.aidea.org • 907/771 -3000 • FAX 907/771 -3044 • Toll Free (Alaska Only) 888/300 -8534 • www.akenergyauthority.org 04- 20- 10 ;01:3OPM; ; 907- 224 -4038 •- 2/ 11 (ate SEWARD _ To save yourworkto your computer SEWARD 10-176 (6 pages) 6ubatit) To submit entire lam to AEA Alaska Small City Energy Efficiency & Conservation Block Grant (EECBG) fllgn L /\ f GRANT AGREEMENT all ENERGY AUTHORITY 1. SUB - GRANTEE INFORMATION a City or Borough City of Seward e. Sub - Grantee Principal Contact & Primary Addr b. Organization EIN 92- 6000086 Name Phillip E. Oates a Organization DUNS 037996634 - Title City Manager d. Pro Mena. er. Organization City of Seward Name ;Osten K. Vesel Telephone 907-224-4047 • Title Public Works Superintendent/ Project Mg Fax 807-224-4038 Organization City of Seward Email Poates@cityofsewani.riet Telephone 907-224-4004 Mail Address P.O. Box 167 Email kvesel @cityofseward.net City & Zip Seward 99664 2. SCOPE OF GRANT Select one of the following options, and complete the corresponding application package (see instructions): ❑ Option 1: Opt -in technical assistance program ❑ Option 2: Two -stage project: energy audit then energy efficiency and conservation measures © Option 3: Single -stage project energy efficiency and conservation measures �'.2 Project Name: I City of Seward EECBG single -stage project J 2.3 Requested Amount: I $ 115,800 t ject 3. PERIOD OF PERFORMANCE 3.1 Sub - grantee shall commence services under this Agreement as authorized and shall complete the services in accordance with the schedule required by Appendices. This Agreement is of no force or effect until executed by the SUB - GRANTEE and the GRANTING AGENCY. 3.2 The work will be completed within the time periods n oted in the application. A 11 work under this grant rn ust be completed no later than August 31, 2012. Final billing and final reports are due no later than Sept. 14, 2012. 4. APPENDICES The following Appendices are attached to this Grant Agreement and incorporated herein: Grant Application, Option 3 Funding Announcement & Instructions Budget Form Provisions W -9 5. AGREEMENT This grant is between the Alaska Energy Authority and the SUB - GRANTEE noted in section 1. By signing below, l attest that I am authorized by the city or borough named in Section I above to sign this grant application and agreement; that all the information contained within is true and complete; and that I commit to fulfill all the requirements of the grant, as outlined in this agreement and fts attachments. Authori ed Re • resentative Signature Date Name Titie / ��� 4/19/2010 Phillip E. Oates City Manager Blocks • -10 to be completed by the Alaska Energy Authority 16. Grant Number 151005 05 v. 7. GRANT AMOUNT The maximum amount payable under this Agreement shall not exceed: $ 11 S % ©O 8. Granting Agency Project Manager 9. Agency Approval 10. Grant Start Date Sean Skating, Project Manager sskalingt aidea.ora 5 1 1 110 Alaska Energy Authority 813 West Northern Lights Blvd. Anchorage, AK 99503 -2495 Steven Haagenson • Phone: 907 -771 -3079 Fax: 907-771-3930 Executive Director i �-ri � / Alaska Energy Authority j / ' ,jam . v G Pagel of 10 / 49 ;907- 224 -4038 # 3/ 11 ALASKA SEWARD 10 -176 (6 pages) ENERGY'AUTHOR /TY Alaska Small Cities Energy Efficiency and Conservation Block Grant (EECBG) Grant Application, Option 3 (For option 3 applicants only) Single -Stage Project: Energy Efficiency and Conservation Measures 1. Name of City or Borough: City of Seward • 2. Please list the buildings or facilities that will receive energy efficiency and conservation measures. # Name of Building or Facility Street Address Sa.Ft. Sector City Hall 410 Adams Street, Seward, Alaska Public Building 1. 99664 Il Fire Hal+. 316 4th Avenue, Seward, Alaska 99664 Public Buiiding 2. Public Works 434 6th Avenue, Seward, Alaska 99664 Public Building 3. Parks & Recreation 702 Aspen Lane, Seward, Alaska Public Building 4. 99664 Boat Harbor 13004th Avenue, Seward, Alaska Public Building 5. 99664 Library 238 5th Avenue, Seward, Alaska 99664 Public Building 6. 7. Public Building S Public Building g Public Building 10. Public Building If additional space is needed, please list other buildings in the "additional comments' box below. 3. Summary of Project The City of Seward has selected Option 3, Single -stage project energy efficiency and conservation measures. The City of Seward has committed to providing in -kind services, labor and storage for this project in conjunction with contracted labor for the window and door installation. The total estimated project cost is $125,800 to include $10,000 of in -kind contributions from the City staff. We have specified six public buildings or facilities that will receive energy efficient upgrades. The City has already completed an energy audit or assessment for two of these six buildings (the City Hall and Fire Hall). The City of Seward has developed a fist of the highest energy efficiency upgrades for these six facilities subsequent to the energy auditor assessment. These priorities are as follows (items are listed in no particular order). Boiler replacement (Senior Center, Community Library, Public Works) Hot water heater replacement (Parks & Recreation) Heater replacement (Parks & Recreation, Teen & Youth Center) Motion detectors in public resfrooms (Harbor) Efficient washer/ dryer replacement (Public Works) • Page 2 of 10 .) ; 907- 2 24 -403$ * 4/ 11 SEWARD 10 -176 (6 pages) 4. Description of the work to be conducted: (see instructions and sample application) Category Description of Work a. Building Envelope Replacement of all windows on three public facilities (City Hall, Fire Hall & Public (insulation, weatherstripping, Works). Replacement of four doors at the Public Works Department Necessary crack sealing, windows, doors, exterior window trim and painting around the windows and doors is included. etc.) Window and door replacement in 3 public facilities (City Hall, Fire Hail & Public Works). A total of the following quantities: 1. 17 (3x3') fiberglass triple pane windows in the Fire Department. Materials: $5,700 plus $1,000 exterior trim for a TOTAL of $6,700. 2. 5 (4x5) vinyl triple pane windows in The Public Works Department. Materials $2,070 plus $500 exterior trim for a TOTAL of: 32,570. 3. 4 sealed doors in the Public Works Department. Materials $2,500 plus $500 exterior trim for a TOTAL of $3,000. 4. 58 (3x5') triple pane windows in City Hall. Materials $24,000 plus 32,320 for trim .■ ..d..4., c... rn - A, _c. enc ./20 b. Building Heating System Senior Center complex: one (1) Energy Kinetics- System 2000, EK2 Boiler. Unit cost (and /or air conditioning and local vendor list, 36,000. installation and construction cost $3,500 for a TOTAL of ventilation) $9,500. Seward Community Library: 1) Energy Kinetics - System 2000, EK2 Boiler. Unit cost local vendor list, $6,000. Installation and construction cost $3,500 for a TOTAL of $9,500. Public Works building: one (1) Energy Logic EL-375 multi fuel boiler, unit cost local vendor list, 314,000. Installation and construction cost in house for a TOTAL of $14,000. Parks & Recreation: one (1) electric hot heater, at the Resurrection camp ground shower house, unit cost, $5,000. installation and construction in house for a TOTAL of $5,000. c. Building Lighting & Boat Harbor. installation of new motion detectors for switch and ceiling lights and f Controls (indoor and outdoor) fans in the men and women's public restrooms. (the main one in the Harbormaster's building) for labor and materials. Total Materials: $650 Total Contracted Labor. $1,682 Total Materials and Labor. $2,332 d. Electrical Equipment Public Works Department one (1) stackabie washer and dryer to replace old unit. (motors, pumps, refrigerators, Installation in house for a timers, controls, equipment, or any other allowable electric Total Equipment $1.500 toad retrofits) Total in -kind Labor. $150 Total Equipment and Labor. 31,650 Page 3 of 10 51 will. :907 -224 -4038 # 5/ 11 SEWARD 10 (6 pages) e. Energy Conservation Q Adopting workplace energy efficiency policies Measures (human behavior Installing power strips on phantom electric loads changes) E l Posting signage reminders about turning off equipment, etc. Other (describe): f. Other Measures Heat and electric utility cost savings in public facilities. 5. Will all fluorescent lamps and lighting ballasts be recycled? nYes El No © N/A 6. Will any refrigerants be generated? nYes © No If yes, will they be recycled? ri Yes El No 7. Waste Disposal: Describe your waste disposal or recycling plan for any wastes that will be generated by this project. The City will dispose of ail waste according to City, Borough, State and Federal standards. In May 1993, the Kenai Peninsula Borough began charging fees for solid waste disposal of commercial/business wastes when delivered in vehicles with caning capacity of five (5) cubic yards or more. Fees are charged only for specific wastes items, which include, but are not Limited to, construction /demolition, land clearing, junk vehicles, tires, etc. The Seward Transfer Facility (STF) does not have weigh scales, so disposal is charged by the vehicle size. Fees are charged based on the vehicles carrying capacity regardless of the size or content of the load. 8. Estimated Metrics for Entire Project a. Estimated energy saved per # Units Multiplier kBTUs year: 1,374 kWh electricity 10.3 14,152 4,872 Gai. of diesel or heating fuel 135.0 630,720 O Gal. of propane 91.0 0 O CCF of natural gas 100.0 0 O Other: 0 Total annual kBTUs saved 644,872 Page 4of10 52 04- 20- 10 : ; 907- 224 -4035 * ai 11 SEWARD 10 -176 (6 pages) Describe your calculation Boilers: Calculated average annual fuel consumption for 2009 on three 1 methodology: of public facilities for windows, doors and boilers. Estimated a 25% fuel savings with the assistance of Annual Fuel Utilization Estimates (AFUE). Windows: Calculated with AK Warm software program through energy audit. • Hot water heater and Toyo stove: Calculated annual electric utility consumption for two public facilities. Estimated a 20% cost savings for b. Estimated energy costs saved $ 12,574 per year Describe your calculation Converted cost per unit of heating fuel and electric based on methodology: calculations above. c. Estimated jobs created or 1 FTE (Full Time Equivalents) See instructions retained: d. Full project simple payback 10.0047717512 Years period calculation: e. Estimated annual kBTiJs saved 5.55884455958 kBIU /year /grant dollar savings per grant dollar. 9. Additional Comments d Calculations were based on estimated, average fuel costs and kWh costs in 2009_ The percentage of cost savings were based on material specs. , AK Warm software program, Annual Fuel Utilization Estimates (AFUE), and City historical data looking at the cost savings from previously installed boilers, hot water heaters and light sensors. Page 5 of 10 J 3 �.rr► 04- 20- 10;01:30PM; ;907- 224 -4038 * 7/ 11 SEWARD 10 -176 (6 pages) kV V ALASKA ) 0 , ENERGY AUTHORITY Alaska Small Cities Energy Efficiency and Conservation Block Grants Budget Form • Name of City or Borough: City of Seward Tab le A: Full Project Budget • Line Funding Source Budgeted Amount 1. EECBG funds requested $ 115,800 2. City/borough matching or in -kind contributions $10,000 • 3. Funding from other sources* $ 0 4. Estimated total project cost $125,800 * identify other sources from line 3, and whether sources are confirmed or pending: NA Table B: EECBG Funding Breakdown Please budget how the EECBG funding (Table A, line 1 above) breaks down between the following categories. Please note that the energy audit cost column may not be more than 50 percent of the total. Expense Categories ,Energy Audit Costs EEM /ECM Costs ** Total Personnel $ $ 10,000 $ 10,000 Travel $0 $o $0 Materials & Supplies $ $ 39,240 $ 39,240 Equipment $ $35,900 $ 35,900 Contractual $ $ 40,660 $40,660 Total $ 0 $125,800 $125,800 * *EEM: Energy Efficiency Measure, ECM: Energy Conservation Measure; defined in EECBG Funding Announcement and Instructions document. Budget Narrative Please briefly describe the use of EECBG funds and any matching funds, as categorized above: The City will use the EECBG funds to replace windows on three public buildings: the City Hall, Fire Hall and Public Works Department. The funds will also purchase boilers, hot water heaters, a toyo stove, washer /dryer and new tight motion sensors for the Harbor public restrooms. The City of Seward will commit at Least $10,000 of in -kind contributions towards this scope of work and will extend the energy savings through this project. In -kind contributions will include personnel time for the installation of a boiler, heaters and a washer /dryer unit. The City administration will develop and adopt workplace energy efficient policies to ensure leadership, employee and public buy -in to long -tern energy efficiencies. The EECBG funds will be managed and reported on by the City of Seward Finance Department. The City will provide timely updates of our cash and in -kind spending for each quarterly report. The EECBG funds will be used to develop, promote, implement, and manage energy efficiency and • conservation projects within the City of Seward to meet the following goals: Page 6 of 10 SEWARD: 10 -176 The City of Seward has selected Option 3, Single -stage project: energy efficiency and conservation measures. The City of Seward has committed to providing in -kind services, labor and storage for this project in conjunction with contracted labor for the window and door installation. The total estimated project cost is $125,800 to include $10,000 of in -kind contributions from the City staff. We have specified six public buildings or facilities that will receive energy efficient upgrades. The City has already completed an energy audit or assessment for two of these six buildings (the City Hall and Fire Hall). The City of Seward has developed a list of the highest energy efficiency upgrades for these six facilities subsequent to the energy audit or assessment. These priorities are as follows (items are listed in no particular order). Boiler replacement (Senior Center, Community Library, Public Works) Hot water heater replacement (Parks & Recreation) Heater replacement (Parks & Recreation, Teen & Youth Center) Motion detectors in public restrooms (Harbor) Efficient washer/ dryer replacement (Public Works)Window and door replacement in 3 public facilities (City Hall, Fire Hall & Public Works). If awarded full funding, the City will complete all work before the end of September 2010 to prepare for the winter months for the greatest energy cost savings. We would prefer to avoid the in -kind work in the months of June and July due to the lack of local labor during our high tourism and fishing season. If granted funding by June 2010, we could complete the RFP for contracted labor by July 2010 and award the contract by August 1, 2010. All work will be scheduled for completion by September 20, 2010. The City will use the EECBG funds to replace windows on three public buildings: the City Hall, Fire Hall and Public Works Department. The funds will also purchase boilers, hot water heaters, a toyo stove, washer /dryer and new light motion sensors for the Harbor public restrooms. The City of Seward will commit at least $10,000 of in -kind contributions towards this scope of work and will extend the energy savings through this project. In -kind contributions will include personnel time for the installation of a boiler, heaters and a washer /dryer unit. The City administration will develop and adopt workplace energy efficient policies to ensure leadership, employee and public buy -in to long -term energy efficiencies. The EECBG funds will be managed and reported on by the City of Seward Finance Department. The City will provide timely updates of our cash and in -kind spending for each quarterly report. Seward: Budget Narrative The EECBG funds will be used to develop, promote, implement, and manage energy efficiency and conservation projects within the City of Seward to meet the following goals: •Reduce the total energy use of the eligible entities; • •Improve energy efficiency in public buildings; and •Create contractual employment and help retain existing City employees. 55 With this funding the City of Seward will make strategic investments to meet the nation's Tong -term goals for energy independence and leadership on climate change. J0 /I& ALASKA Alaska Small Cities Energy Efficiency and Conservation Block Grant (EECBG) Funding Announcement & Instructions Announcement Date: March 24, 2010 Application Due Date: April 20, 2010 Amendment #1 3/30/2010: Under Deadline section on page 2, the word "Friday" was removed. The deadline is Tuesday, April20, 2010 FUNDING ANNOUNCEMENT Introduction The Alaska Energy Authority (AEA) has received American Recovery and Reinvestment Act (ARRA) funding to grant to qualifying local governments for energy efficiency and conservation improvements. The local grant funding totals $5,180,490 and is part of the Energy Efficiency and Conservation Block Grant (EECBG) program from the US Department of Energy (US DOE). This document provides guidance to eligible Cities about how to apply and what projects are eligible. Who is eligible? A list of eligible incorporated local Alaska units of government (hereafter referred to as Cities) is provided at the end of this document with the funding allocations for each. Important note: All grant recipients are required to be registered with Central Contractor Registration (CCR). A pre- requisite for registration with CCR is obtaining a Dun and Bradstreet Universal Numbering System (DUNS) number. If your City does not already have a DUNS number, please initiate this process as soon as possible to ensure no delays with the grant (http: / /dnb.com). Funding AEA developed a funding formula that provided a base funding of $10,000 per City and additional funding based upon population. Grants are expected to range from $10,900 to $227,800. There is no matching fund requirement, however for the purposes of reporting, applicants are required to report any matching contributions they will be making on their projects. Eligible Cities must submit an application by the deadline (see below) identifying qualifying energy efficiency and conservation projects they would perform under this grant program. In the event that some eligible Cities do not apply for the funding by the deadline or do not intend to fully utilize their allocation, any unused funding will be allocated on a population basis among the Option 1, Opt -In Technical Assistance program Cities. Alaska Small Cities EECBG Funding Announcement & Instructions Page 1 of 18 57 Eligible projects Cities may use their allocated funding for the following types of energy efficiency and conservation projects. 1. Energy efficiency audits of public buildings. No more than 50 percent of the funding may be used for energy audits. At least 50 percent of the funding must be used for energy efficiency or conservation measures (the implementation of the energy efficiency improvements), items 2 -4 below. 2. Energy efficiency measures* in public buildings. These include: a. Efficiency improvements to the building thermal envelope, including installing insulation, weather sealing, and replacement of windows and doors b. Efficiency improvements to the building heating, air conditioning and /or ventilation system c. Efficiency improvements to building lighting systems and controls, both indoor and outdoor d. Efficiency improvements to the building's electrical load, including replacing equipment with ENERGY STAR certified equipment, such as: appliances, vending machines, motors, pumps, fans, water heaters, control equipment (such as timers or occupancy sensors), exit signs, refrigeration, and other electric loads. 3. Energy efficiency measures* to other public facilities, such as street or trail lighting, or other public infrastructure. 4. Energy conservation measures *, such as establishing workplace policies or programs for employees regarding the conservation of energy. These measures are limited to the following activities: a. Design and operation of energy conservation programs b. Identifying the most effective methods for achieving the maximum participation and efficiency rates c. Public education d. Measurement and verification protocols e. Identification of energy efficient technologies * See Definitions section, below. Deadline Complete applications must be received by 4:30 pm April 20, 2010. Applicants are encouraged to submit applications by email and fax per the instructions. Applicants are encouraged to return applications at their earliest convenience. Review of Applications Applications will be reviewed and evaluated upon receipt and in the order received. Applications will be reviewed for: 1. Completeness and accuracy of forms 2. Adherence to ARRA and AEA project requirements Applications that are incomplete will result in a delay in the grant award or possible rejection of the application. Applicants whose applications are incomplete or fail to meet the program requirements will be notified by AEA regarding the deficiency in their application. Those applicants will have 30 days during which to amend their application, or they may select Option 1 (see Implementation Options, below). Alaska Small Cities EECBG Funding Announcement & instructions Page 2 of 18 58 If an applicant: (a) fails to submit an application by the April 20, 2010 deadline; or (b) fails to supplement its application as required within 30 days after notice by AEA that the application is incomplete or deficient; or (c) fails to propose a project that meets the requirements of the program and AEA is therefore unable to award a grant to that City; then the funds allocated for that City will be reallocated to the Option 1 program, by not later than July 1, 2010. Awarding of Grants Once evaluated and approved by AEA —and pending US DOE's determination on this grant program's NEPA categorical exclusion —the Grant Agreement will be signed, dated and returned to the City's Principal Contact. Work may begin on the date that Grant Agreement has been signed by both parties. Definitions and Acronyms Definitions For the purposes of the Application forms and the Funding Announcement and Instructions, the following definitions are provided: • Authority: The Alaska Energy Authority • City: The term City refers to units of local government that are eligible for the Alaska Small City Energy Efficiency and Conservation Block Grants, which includes both City and borough governments. • Energy audit or assessment: An energy audit or assessment is an inspection, survey and analysis of energy flows in a building, process, or system with the objective of understanding the energy dynamics of the system under study. For the purposes of these grants, energy audits are conducted to understand the opportunities to reduce the amount of energy used for the same or better energy service. • Energy conservation measures (ECM): An energy conservation measure is an action (measure) taken to reduce energy use through changing human behaviors, for example turning off equipment when not in use, or creating workplace policies that set a standard regarding employees and energy use. • Energy efficiency measure (EEM): An energy efficiency measure is an action (measure) taken to reduce energy use through the use of improved efficiency technology or equipment. For example, changing lighting from a less efficient incandescent lighting to more efficient fluorescent lighting; replacing a less efficient motor or appliance with a more efficient motor or appliance. • Retrofit: Replacing components of existing equipment with new equipment. For example, a lighting retrofit would typically involve replacing ballasts and lamps in existing lighting fixtures. A replacement or redesign, by comparison, would replace the entire fixture or would redesign the placement and light output of the new lighting fixtures. Acronyms • • AEA: Alaska Energy Authority • ARRA: American Recovery and Reinvestment Act • ASC EECBG: Alaska Small City Energy Efficiency and Conservation Block Grants • CCR: Central Contractor Registration http: / /www.ccr.gov • DUNS: Dun and Bradstreet Universal Numbering System http: / /dnb.com Alaska Small Cities EECBG Funding Announcement & Instructions Page 3 of 18 • EECBG: Energy Efficiency and Conservation Block Grants • FAQs: Frequently Asked Questions • NEPA: National Environmental Policy Act • PDF: Portable Document Format http: / /get.adobe.com /reader/ • TIN: Federal Tax Identification Number • US DOE: United States Department of Energy Implementation Options Cities applying for grants may select from one of three implementation options, which are described more fully below: 1. Opt -in technical assistance 2. Two -stage project: Energy audit then energy efficiency and conservation measures 3. Single -stage project: Energy efficiency and conservation measures Option 1: Opt -In Technical Assistance (Implementation Administered by a Third -Party Service Provider) The opt -in technical assistance program will provide your City with a service provider to assist your City in implementing this program. The service provider would work closely with designated City officials to identify and implement the eligible projects that could be completed with the funds allocated for your City. Alaska Energy Authority has had positive results using this service provider arrangement for our Village End Use Efficiency Measures program. Since 2005, AEA, through a service provider, has served 51 Alaska villages very effectively. For example the services provider would: • Assess the energy efficiency and conservation in your public facilities and define improvements you could make to reduce your energy costs • Purchase materials • Implement identified measures either by the service provider, using City staff, or by the service provider hiring qualified companies or individuals to implement your program. • Provide administrative assistance to include accounting for expenditure of funds, completing quarterly reports and providing other necessary support to the service provider to ensure an efficient and effective project implementation and compliance with all grant requirements. Any City can opt -in to this program, though the program is designed especially for small Cities receiving Tess than $50,000 in EECBG funding. Below are some of the potential benefits and negatives from the City's perspective. Potentially positive attributes of the Opt -In Technical Assistance Program • Obtain technical assistance to identify the largest energy savings measures to create the largest long -term cost savings for the City • The City's quarterly reporting will be performed by the service provider • Service provider will work closely with City to identify needs Alaska Small Cities EECBG Funding Announcement & Instructions Page 4 of 18 60 • More cost - effective measures are likely to be identified • Service provider will have or have access to engineers, electricians, and other resources, if needed • AEA selects qualified service providers, which may save Cities this effort • Service providers will be hired for regions of the state to save on expenses and to be in -tune with the regional projects and needs • Service providers may obtain better pricing on purchased supplies and equipment (such as lights) through quantity purchasing for many Cities at the same time • Service providers may save on shipping costs by consolidating shipments for a region • AEA will not use any City funding to administer this program • Any City allocations that are not applied for or fully utilized will be divided on a population basis to the Opt -In Technical Assistance Program Cities. Potential negative attributes of Opt -in • City does not receive funding directly, instead funding is applied to the City's project through the selected service provider • Cities will have less control of the timing of their projects • Cities that already know their greatest energy efficiency needs and who have the staff or contractors to initiate the project may be better served to skip the audit step and perform the energy efficiency measures directly Option 2: Two -Stage Energy Audit then Energy Efficiency and Conservation Measures (Implementation Administered by the City) Select this option if the City would like to use a portion of the funding to conduct energy audits or assessments of their buildings or facilities prior to determining the energy efficiency and conservation measures to implement. Up to 50 percent of the funds available to the City may be used for the energy audits, and at least half of the funding must be used for energy efficiency and conservation measures. The City should ensure that the selected energy auditor is qualified to work in the areas he /she is auditing (lighting, building envelope, HVAC). Especially where building envelope and HVAC are concerned, it is important that the auditor have a thorough knowledge of building science so as not to inadvertently cause detrimental impacts to the building or its occupants. Examples of approved building science qualifications include Certified Energy Manager; Weatherization Tech I; a combination of Cold Climate Retrofit, Blower Door, and Building Analyst certifications; or other appropriate trainings, certifications, or experience with building- systems science. The application form for Option 2 asks for details about the energy audit or assessment work that will be conducted. If the City's application is approved and signed by AEA, the City will be allowed to proceed on the first stage of their work, the energy audits. Once the audits are complete and the City has identified the energy efficiency measures to complete, the City must submit the Request to Proceed form to AEA for • approval to proceed. The Request to Proceed form asks for the same information as the Option 3 application. Under Option 2 (and Option 3), the City is responsible for all work performed, meeting the requirements of the provisions, and meeting all reporting requirements and deadlines. Alaska Small Cities EECBG Funding Announcement & Instructions Page S of 18 1 Option 3: Single -Stage Energy Efficiency and Conservation Measures (Implementation Administered by the City) Cities should select this option if they know what energy efficiency and conservation measures they would like to implement by the grant application deadline, and if no additional energy audits or assessments are needed. Cities selecting this option will specify their plans on the Option 3 Application Form. Work may commence once the Grant Agreement is approved and signed by both parties (AEA and the City). If performing work that affects the building envelope or building heating, air conditioning and ventilation systems, the City must ensure that qualified building science staff are overseeing the project so as not to inadvertently cause detrimental impacts to the building or its occupants. Examples of approved building science qualifications include Certified Energy Manager; Weatherization Tech I; a combination of Cold Climate Retrofit, Blower Door, and Building Analyst certifications; or other appropriate trainings, certifications or experience. If training is needed in your City or region, please note the need in your application, or contact Alaska Energy Authority's energy efficiency program manager (see contacts below) or Alaska Housing Finance Corporation (http: / /www.ahfc.state.ak.us) for training opportunities. Training prior to implementation may be required. Timeline and Reporting Timeline • March 24, 2010 Application process opens • April 20, 2010 Application deadline • April -May 2010 AEA review of applications, notification of awards • June 15, 2010 First quarterly report due • September 15, 2010 Quarterly report due • December 15, 2010 Quarterly report due • March 15, 2011 Quarterly report due • June 15, 2011 Quarterly report due • September 15, 2011 Quarterly report due • December 15, 2011 Quarterly report due • March 15, 2012 Quarterly report due • June 15, 2012 Quarterly report due • August 31, 2012 Deadline for all work to be completed • September 14, 2012 Final reports and grant closeout, if not conducted sooner NEPA AEA has applied to US DOE for categorical exclusion from the NEPA (National Environmental Policy Act) reporting requirements for all activities that may be conducted under this sub -grant arrangement. At the time this Grant Application was released, a determination has not yet been made by US DOE. We expect to receive a categorical exclusion by early April. If US DOE does not grant a categorical exclusion, sub - grantees, or some sub - grantees may have to either file paperwork concerning environmental impacts of their projects, or may have to alter the scope of their work. AEA will alert any Cities if this is the case. Alaska Small Cities EECBG Funding Announcement & Instructions Page 6 of 18 62 Reporting Option 2 and 3 grant recipients will be required to file on -time quarterly reports by the deadlines provided above and on a form specified by AEA. The Quarterly Reporting Form will be posted to AEA's EECBG web page: ht tp: // www. akenergyauthority .org /eecbg.html. Option 1 grant recipients must support the selected service provider to meet quarterly deadlines by providing them the information needed, such as matching funds spent, square footage of buildings, etc. • Payments Grant funds will be paid on a reimbursement basis for eligible costs upon receipt of a complete Pay Request Form accompanying a quarterly report. If the City elects to be reimbursed before a quarterly report is prepared, then requests for reimbursement may be made up to once per month using the Pay Request Form. Regardless whether any monthly payment requests are made, quarterly reports are due by the specified day each quarter, from initiation until the project is closed out. Photographs Recipients are encouraged to take before and after photographs of their projects to include in their quarterly and /or close -out reports. Digital photographs and brief descriptions may be emailed to eecbgPaidea.org, along with a photo release form if individuals are pictured. The release form is located at http: // www. akenergvauthority .org /eecbg.html. Grant Provisions Applicants should review the Grant Provisions prior to submitting their application. The applicant is required to comply with these provisions in the expenditure of funds and reporting of activities under the grant. The provisions are both standard provisions the Authority incorporates into most grant agreements in addition to specific provisions required by the Federal Government that are required for ARRA funded projects. Alaska Small Cities EECBG Funding Announcement & Instructions Page 7 of 18 63 INSTRUCTIONS How to Submit an Application Please submit a completed Alaska Small City Energy Efficiency and Conservation Block Grant Application to Alaska Energy Authority as described below by the stated deadline. The Grant Applications, as well as these instructions and any updates to these documents can be found at AEA's web site: htto:// www. akenergvauthority .org /eecbg.html. Please be as accurate and concise as possible to avoid delays in processing or disqualification. 1. Select an Option Prior to completing an application, please decide which "Option" your City will select: 1, 2, or 3. Each option has a separate application form that is specific to the option. The options are described in the Implementation Options section above. 2. Download the Application Form Download the correct Grant Application Form for the Option you selected. http: // www. akenergvauthority .org /eecbg.html. 3. Complete and Submit the Application by the Preferred Method a) Complete Form: The Grant Applications are PDF fill -in forms. Please use a computer and the free Adobe Reader software to enter your answers in the fields provided. Refer to the Line Instructions in the pages below as you complete the form. b) Click Save button at the top of the document to save it to your computer. c) Click Print button to print a copy for your records and for signatures. d) Click Submit button once the application form is complete. This will prepare an email with the unsigned document attached. Do not change the subject line or the To' field to ensure it is received and that you receive an automatically generated confirmation of receipt by email. If you do not receive a confirmation within an hour, please contact AEA staff at the numbers given below. Web mail users only: create a new email message, attach the application, address it to eecbqPaidea.orq, and ensure that the subject line starts with "Form Returned" to ensure a confirmation of receipt by email. e) Fax the signed pages (Grant Agreement and first page of W -9) to 907 - 771 -3930. Alternatively the signed pages may be mailed. A confirmation of receipt will riot be sent for the faxed signature pages. However, we will notify you if we received an electronic application, but no faxed signatures. • Troubleshooting If you are unable to open the PDF fill -in document, or are experiencing other difficulties with the form, check that the version of Adobe Reader that you are using is the most up to date (version 9.3 or newer). If not, Alaska Small Cities EECBG Funding Announcement & Instructions Page 8 of 18 64 download the most recent free version of Adobe Reader by clicking on this logo Get att0.06e REAM. .., or by going to http: / /get.adobe.com /reader /. Alternative Methods of Submittal 1. Complete the application form on a computer (PDF fill -in form), typing responses in the spaces given. If entering the information on a computer is not possible, print the form and neatly handwrite or type on it. 2. Sign. 3. Fax, mail, hand deliver, or scan and email the application form to the address below. 4. Please keep a copy for your records. 5. Submit Applications to Email: eecbg @aidea.org Fax: (907) 771 -3930 Mail: Alaska Energy Authority Attn: EECBG Application 813 W. Northern Lights Blvd. Anchorage, AK 99503 -2495 Confirmation of Receipt If the application is submitted using the preferred electronic method, an automatic confirmation message will be emailed to the sender. If submitted by one of the alternative methods of submittal, a confirmation of the receipt of your application will be made via email to the primary contact within two work days of receiving your application. If you do not receive a confirmation, contact AEA staff. Contact information For confirmation of receipt of applications: Marge Cabanski, (907) 771 -3081, mcabanskiPaidea.org For application form or energy efficiency activity questions: See Frequently Asked Questions: www. akenergyauthority .org /eecbg.html Sean Skating, EE &C Program Manager, (907) 771 -3079, sskalingPaidea.org Katie Conway, EE &C Asst. Prgm. Manager, (907) 771 -3078, kconway@aidea.org For reporting and ARRA requirements: Rebecca Garrett, (907) 771 -3042, rgarrettt aidea.org In -State toll free number (ask for the individual listed above): 1- 888 - 300 -8534 More Information More information can be found at the Alaska Energy Authority web site ( www. akenergyauthority .org /eecbg.html ), including links to US DOE materials about these grants, updates, frequently asked questions (FAQs), energy efficiency project ideas, and additional information. The content of this web page will continue to be updated as new information is available. Alaska Small Cities EECBG funding Announcement & Instructions Page 9 of 18 65 Instructions for Completing the Application Forms Below are specific line instructions for the Application Forms. Each form contains a Grant Agreement Form, a Budget Form, a W -9 Form, and an Grant Application Form specific to the Option selected. Please refer to sample applications posted on AEA's web site. I. Grant Agreement Form The Grant Agreement is the first page of each of the Application Form. Please note that buttons have been placed at the top and bottom of the document to help applicants save, print signature pages and submit the form. Refer to the How to Submit an Application section above for instructions. 1. Sub - Grantee Information a. Name of the City or Borough applying for funding. Eligible Cities are listed in the section, "Eligible Local Governments and Allocation Amounts" below. Please provide the proper name of the City or Borough as you would like it to be listed in program materials and on checks. b. Organization EIN is the City's Federal Employer Identification Number, also known as a Federal Tax Identification Number (TIN). c. The Organization DUNS is the City's Dun and Bradstreet Universal Numbering System. If not known, your City's finance department or similar department should be able to provide EIN and DUNS numbers, which are both required. If the City does not have a DUNS number, the City should apply immediately for a number at http: / /dnb.com, as the process can take time. A DUNS number is one of the requirements for registration in the Central Contractor Registration, which is an ARRA requirement (http: / /www.ccr.gov). If a DUNS number has been applied for, but has not been received by the application deadline, please write "Applied on (insert date here)" in line lc, and fax evidence of application and date to AEA at (907) 771 -3930. d. Project Manager: Complete all information for the project manager for this project. For Option 1 applicants, the Project Manager will be the primary contact for the selected service provider. The Project Manager may be the same person as the Principal contact and the Signatory, if needed. e. Sub - Grantee Principal Contact and Primary Address: This is the primary contact for this grant, and is the person and address to which official notices and checks about this grant will be mailed, or emailed. Please complete all fields. 2. Scope of Grant This option is pre - checked based upon the Option selected. 2.2 Project Name: Give the program a descriptive name. For example: Option 1 example • Akhiok EECBG opt -in project Option 2 example • Thorne Bay City building energy audit and retrofit project Option 3 examples • Elim City Hall insulation and weatherization project • Point Hope building and street lighting retrofit project Alaska Small Cities EECBG Funding Announcement & Instructions Page 10 of 18 66 • Newhalen Teen Center heating system efficiency upgrade project 2.3 Requested Amount: Enter the allocation listed with your City name in the eligible Cities section below. Cities may request less funding than is listed, but not more. Enter whole dollar amounts without a comma separator or cents. 3. Period of Performance: Self explanatory. 4. Appendices: The listed appendices are incorporated into the Grant Agreement. The Grantee must be aware of and agree to all provisions, requirements, and information contained in the listed appendices. 5. Agreement: This section to be signed by an authorized City representative. List also the • name, date and title. Blocks 6 through 10 are to be completed by the Alaska Energy Authority 6. Grant Number: Each Sub - Grantee will be given a grant number by the Authority. 7. Grant Amount: The Authority will enter the final approved grant amount, which will be the maximum amount payable to the Sub - Grantee. 8. Granting Agency Project Manager: Self- explanatory. 9. Agency Approval: To be signed by the Authority's Executive Director or designee. Once signed by both parties, the grant agreement is considered complete and work may begin on the date signed in 10. 10. Grant Start Date: The grant start date will be the day the grant is signed by the Authority. Work and expenses should not start prior to the Grant Start Date. II. Grant Application Form Each application will contain one Grant Application Form specific to the Option chosen. Instructions for each of these forms are provided below. You will only fill out the form for the option your City has selected. A. Grant Application Form, Option 1, Opt -In Technical Assistance (Implementation Administered by a Third -Party Service Provider) 1. Name of City or Borough: This line pre -fills the City name from the Grant Agreement Page. 2. Under this option, Alaska Energy Authority will be hiring a service provider to assist the City in implementing the program. The City is expected to provide support to the service provider including, but not limited to: providing a single point of contact for the provider to work with, providing guidance on selecting priority projects, meeting with the service provider both on the phone and in person when they are in your City, obtaining needed local resources for the service provider, performing work under the guidance of the service provider, and /or other forms of support. Please describe the level of support your City will provide to this project. See Sample Application Forms on AEA's web site. The statements on this application form will be part of your scope of work. 3. Please list the types and extent of in -kind support the City will provide to the project. Where applicable, this in -kind support should be listed on the budget form with an estimated value of the in -kind. 4. If known, list buildings or facilities the service provider should consider. If not known, this section may be left blank. Include a building or facility name (e.g. "city hall ", or "Main Street lighting "), and the address or location description (e.g. "25 Alaska Avenue ", or "along Main St. from 1 to 9th Ave. "). Include approximate or known square footage, Alaska Small Cities EECBG Funding Announcement & Instructions Page 11 of 18 and select a sector from the pop -up menu. The sectors are public building, school, or other public facility. 5. Summary of project: The summary you provide in this field will be extracted from your application and forwarded to US DOE, along with your City name, DUNS number, and grant amount. Please summarize your project even if it is duplicative of the information provided elsewhere on the application form. See Samples Applications Forms. 6. Additional comments. Add additional comments, or continue descriptions or lists of buildings that did not fit in the fields above. If listing more buildings, please continue numbering the buildings. If providing comments about the buildings listed in #4 above, you may refer to the buildings using their line numbers. B. Grant Application Form, Option 2, Two -Stage Project: Energy Audit then Energy Efficiency & Conservation Measures (Implementation Administered by the City) 1. Name of City or Borough: This line pre -fills the City name from the Grant Agreement Page. 2. Self- explanatory. 3. List the buildings or facilities that will be audited. Include a building or facility name (e.g. "city hall ", or "Main Street lighting "), and the address or location description (e.g. "25 Alaska Avenue ", or "along Main St. from 1 to 9 Ave. "). Include approximate or known square footage, and select a sector from the pop -up menu. The sectors are public building, school, or other public facility. 4. Identify the scope of the audit by checking the appropriate audit -level box for each audit area. No one audit level is right in all situations. Depending upon the funding available, the condition of the buildings, and the extent to which the City needs assurance of energy savings, different levels of audits are appropriate in different situations. • Walk- through audit should be checked if the auditor is conducting a general assessment of a building or facility. A general assessment would include looking for general insulation levels, lighting technologies, age and type of equipment, etc., to identify areas of known efficiency opportunities based upon their experience. • General audit should be checked if in addition to the walk - through audit, the auditor conducts further examination or research to determine the cost effectiveness of particular energy efficiency or conservation measures, or any other deeper analysis, modeling, testing, measurement or other more detailed study. • Investment grade audit should be checked if the audit provided a level of detail and analysis sufficient to obtain financing or a guarantee of savings. 5. Self- explanatory. 6. Once the audit is complete, the City must submit the Request to Proceed form to initiate the energy efficiency and conservation measures. By what date do you anticipate submitting this form? 7. Under Option 2, no more than 50% of the funding may be used for the audit stage of the grant. Applicants must mark 'Yes'. 8. Summary of project: The summary you provide in this field will be extracted from your application and forwarded to US DOE, along with your City name, DUNS number, and grant amount. Please summarize your project even if it is duplicative of the information provided elsewhere on the application form. See Sample Application Forms for examples. Alaska Small Cities EECBG Funding Announcement & Instructions Page 12 of 18 68 9. Additional Comments: Add any additional comments or continue comments from previous questions if not enough space was provided. C. Grant Application Form, Option 3: Single -Stage Energy Efficiency and Conservation Measures (Implementation Administered by the City) 1. Name of City or Borough: This line auto -fills the City name from the Grant Agreement Page. 2. List the buildings or facilities that will receive energy efficiency or conservation measures. Include a building or facility name (e.g. "city hall ", or "Main Street lighting "), and the address or location description (e.g. "25 Alaska Avenue ", or "along Main St. from 1 to 9th Ave. "). Include approximate or known square footage, and select a sector from the pop -up menu. The sectors are public building, school, or other public facility. 3. Summary of project: The summary you provide in this field will be extracted from your application and forwarded to US DOE, along with your City name, DUNS number, and grant amount. Please summarize the extent of your project to the greatest extent possible, even if it is duplicative of the information provided elsewhere on the application form. Samples of completed Applications are posted at AEA's web site http://www.akenergyauthority.org/eecbg.html. 4. Description of work to be conducted: Please describe the energy efficiency measures or energy conservation measures that will be conducted in each category of work. If referring to specific buildings or facilities, you may refer to the building number given in section 2 above. The description of the work should be in sufficient detail that the review team can understand the project to determine whether it qualifies, and whether it is an effective energy- saving measure. If specifics are not yet known, provide as much information as possible. For example, if conducting lighting retrofits but the new equipment has not been selected, at least state the intended improvement. For example, state that T -12s will be replaced with similar light output high efficiency T -8s and matching ballast. a. For insulation, include the area in square feet to be upgraded, whether it is floor, wall or ceiling /roof, and the R value before and after. For windows or doors include the area in square feet and the U value before and after. For weather stripping, describe the number of doors, windows, and other penetrations to receive weather stripping or other insulating or hole - filling repair. If a before - retrofit blower -door test was performed on the building, please give the pre - measures and provide the post- measures in a quarterly reports. b. Describe the pre and post status of the building heating, ventilation and air conditioning improvement. Describe what measures will be taken and the pre - and post - efficiency rating of the equipment. For example, "The boiler in building #2 will be improved from a 1970s 65% efficient boiler made by X to a sealed combustion 92% efficient boiler made by Y, model number 123. c. Describe the pre and post state of the lighting retrofits to be made, including • number of lamps or fixtures, pre and post wattages, the location of the retrofits, and fisting manufacturer names and model numbers if available. Include any lighting controls improvements to be made. d. List any other electrical equipment improvements here in sufficient detail and including any pre- measurements that are known or have been taken (the energy consumption of a refrigerator to be replaced, for example.) Alaska Small Cities EECBG Funding Announcement & Instructions Page 13 of 18 69 e. Check any of the energy conservation measures that will be taken. Include sufficient detail, as available. If a workplace energy efficiency policy will be adopted, please include as attachment in a quarterly report when adopted. f. Describe any other energy efficiency measures. This space may also be used to detail any integration issues, for example, resizing a building heating system after insulation and weather sealing has been implemented. 5. Self- explanatory 6. Self- explanatory 7. Waste Disposal: Briefly describe how any expected waste materials will be handled. 8. Estimated Metrics a. Estimate the annual energy saved by type. The form will automatically convert the different forms of energy into kBTUs and will total the amount. The total annual kBTUs saved number will automatically be used in a calculation in 8e. Describe your calculation methodology in the space provided. b. Estimated energy costs saved per year. Convert the units of energy in 8a into cost using approximate local energy costs. c. Estimated jobs created and retained. Use the calculation sheet provided on the AEA web site called Jobs Calculator: http:// www. akenergyauthority .org /eecbg.html. d. Simple payback: This is an automatic calculation field that uses the formula: total project cost (from budget form) divided by total estimated annual energy cost savings. It is expressed in years. The budget page of the application must be completed for the calculation to show correctly. e. Energy saved per grant dollar per year: This is an automatic calculation field that uses the formula: kBTU saved per year (from 8a) divided by EECBG grant dollars provided (from Grant Agreement form 2.3). 9. Additional Comments: Add any additional comments or continue comments from other questions if not enough space was. provided. Additional pages may also be attached if more space is needed. III. Budget Form Line Instructions Option 1 Applicants do not need to complete Table B of this form. Options 2 and 3 must complete all parts of this form. Name of City or Borough: This field self - populates from the Grant Agreement form. Table A: 1. The EECBG funds requested should match the request on the Grant Agreement form. The maximum amount each City may request is listed in the Eligible Local Governments section below. 2. List any City or borough matching or in -kind contributions. No matching funds are required. 3. List funding from any other source and detail the source and whether it is confirmed or pending in the space provided below Table A. 4. This field self - calculates. Table B: • Option 1 applicants should not complete Table B. Alaska Small Cities EECBG Funding Announcement & Instructions Page 14 of 18 t°+ r^ 4 1..1 • Specify the program budget according to the expense categories listed and split among the two primary categories of energy audit costs and energy efficiency and conservation measure (EEM /ECM) costs. • The total of the Energy Audit Cost column should not exceed 50% of the total expenses. Budget Narrative: • Please provide a brief narrative describing the budget provided in Tables A and B above. Any additional considerations or comments may be added here. IV. W -9 Request for Taxpayer Identification Number The instructions for the IRS form W -9 are attached to the form. The signature page should be printed, signed and faxed along with the Grant Agreement Form at the time the application is submitted. Alaska Small Cities EECBG Funding Announcement & Instructions Page 15 of 18 I ELIGIBLE LOCAL GOVERNMENTS AND ALLOCATION AMOUNTS Incorporated local units of government (cities and boroughs, herein called Cities) within Alaska are eligible for this funding opportunity so long as they were not eligible for direct formula grant funding from US DOE under the EECBG program. The ten largest cities and ten largest boroughs are ineligible because they were eligible to receive funds directly through US DOE under the EECBG program. Likewise, all Native, Tribal and Village entities are not eligible as they were also eligible for funding directly from US DOE. In total, 142 city and /or borough governments are eligible for funding. The formula for allocations uses a base funding of $10,000 for each City, and the remaining funding is divided by population. Below is the list of eligible Cities. Other • entities that were eligible for direct funding from US DOE are listed on the AEA web site under 'Ineligible Communities' at http:// www. akenergvauthority .org /eecbg.html. Adak $17,200 Dillingham $104,800 Akhiok $11,900 Diomede $15,200 Akiak $23,800 Eagle $15,200 Akutan $42,200 Eek $21,000 Alakanuk $37,100 Egegik $12,500 Aleknagik $19,800 Ekwok $14,900 Allakaket $13,900 Elim $22,000 Ambler $20,500 Emmonak $42,100 Anaktuvuk Pass $21,500 False Pass $11,600 Anderson $21,900 Fort Yukon $33,700 Angoon $27,400 Galena $33,400 Aniak $30,000 Gambell $37,200 Anvik $13,400 Golovin $16,500 Atka $12,900 Goodnews Bay $19,100 Atqasuk $18,800 Grayling $16,800 Barrow $173,800 Gustavus $28,100 Betties $10,900 Holy Cross $17,800 Brevig Mission $24,100 Horner $227,800 Bristol Bay Borough $51,600 Hoonah $43,300 Buckland $28,500 Hooper Bay $56,900 Chefornak $29,000 Houston $80,900 Chevak $47,300 Hughes $13,300 Chignik $12,400 Huslia $21,200 Chuathbaluk $14,500 Hydaburg $23,800 Clark's Point $12,200 Kachemak $28,300 Coffman Cove $15,700 Kake $31,000 • Cold Bay $13,600 Kaktovik $21,000 Cordova $97,300 Kaltag $17,600 • Craig $55,100 Kasaan $12,200 Deering $15,400 Kiana $25,500 Delta Junction $52,800 King Cove $40,300 Alaska Small Cities EECBG Funding Announcement & Instructions Page 16 of 18 P 7 9 i f Kivalina $26,400 Port Heiden $13,600 Klawock $41,700 • Port Lions $17,700 Kobuk $14,400 Quinhagak $36,700 Kotlik $34,600 Ruby $16,500 Kotzebue $136,300 Russian Mission $24,600 Koyuk $23,500 Saint George $14,500 Koyukuk $13,600 Saint Mary's $32,200 Kupreanof $11,100 Saint Michael $27,500 Kwethluk $40,900 Saint Paul $28,200 Lake & Peninsula Borough $72,700 Sand Point $48,700 Larsen Bay $12,700 Savoonga $39,200 Lower Kalskag $20,300 Saxman $27,000 Manokotak $27,400 Scammon Bay $31,500 Marshall $26,900 Selawik $44,200 McGrath $22,800 Seldovia $21,500 Mekoryuk $17,900 Seward $115,800 Mountain Village $40,900 Shageluk $14,100 Napakiak $24,100 Shaktoolik $19,000 Napaskiak $27,600 Shishmaref $33,700 Nenana $29,400 Shungnak $21,000 New Stuyahok $29,800 Skagway $44,200 Newhalen $16,500 Soldotna $174,100 Nightmute $20,100 Stebbins $33,300 Nikolai $13,600 Tanana $20,200 Nome $154,300 Teller $20,500 Nondalton $18,200 Tenakee Springs $14,000 Noorvik $35,900 Thorne Bay $27,800 North Pole $94,800 Togiak $42,400 Nuiqsut $27,100 Toksook Bay $34,400 Nulato $21,100 Unalakleet $39,200 Nunam Iqua $18,400 Unalaska $153,500 Nunapitchuk $31,800 Upper Kalskag $19,500 Old Harbor $17,400 Valdez $191,800 Ouzinkie $16,700 Wainwright $31,600 Pelican $14,600 Wales $15,600 Petersburg $131,600 White Mountain $17,700 • Pilot Point $12,900 Whittier $16,500 Pilot Station $33,700 Wrangell $95,300 Platinum $11,900 Yakutat, City & Borough $33,800 Point Hope $38,800 Port Alexander $12,100 Alaska Small Cities EECBG Funding Announcement & Instructions Page 17 of 18 73 ,ALASKA } ENERGY AUTHORITY Alaska Small Cities Energy Efficiency & Conservation Block Grants (EECBG) PROVISIONS Table of Contents GENERAL PROVISIONS 3 1. DEFINITIONS 3 2. AUTHORITY SAVED HARMLESS 3 3. WORKERS' COMPENSATION INSURANCE 3 4, INSURANCE 4 5. EQUAL EMPLOYMENT OPPORTUNITY (EEO) 4 6. PUBLIC PURPOSES 4 7. OFFICIALS NOT TO BENEFIT 4 8. GOVERNING LAW 4 9. SEVERABILITY 4 10. NON - WAIVER 5 11. INTEGRATION 5 12. SUB - GRANTEE NOT AGENT OF AUTHORITY 5 13. GRANTEE PROJECT MANAGER 5 14. DISPUTES 5 15. TERMINATION 5 16. TERMINATION DUE TO LACK OF FUNDING 6 17. No ASSIGNMENT OR DELEGATION 6 18. No THIRD PARTY BENEFICIARIES 6 19. NO ADDITIONAL WORK OR MATERIAL 6 20. CHANGES 6 21. RIGHT TO WITHHOLD FUNDS 6 22. REMISSION OF UNEXPENDED FUNDS 6 23. TAX COMPLIANCE RESPONSIBILITIES OF SUB - GRANTEE 7 24. LOBBYING ACTIVITIES 7 25. REPORTING REQUIREMENTS 7 26. OWNERSHIP OF DOCUMENTS AND PRODUCTS 7 27. LEGAL AUTHORITY 7 28. APPROVAL TO PROCEED WITH NEXT PHASE 7 29. SITE CONTROL 7 30. PERMITS 8 31. OWNERSHIP OF FACILITIES 8 32. GRANT CLOSE OUT 8 33. GRANT FUNDING SOURCES 8 34. GOVERNING LAWS 8 35. ELIGIBLE COSTS 8 36. INSURANCE REQUIREMENTS 9 3 7. DISPOSITION OF EQUIPMENT 9 • APPENDIX A AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) PROVISIONS 10 �. 1. REGISTRATION REQUIREMENTS 10 Alaska Small Cities EECBG Provisions Page 1 of 15 e+ 2. REPORTING REQUIREMENTS 3. SINGLE AUDIT REQUIREMENTS 10 4. AVAILABILITY OF FUNDING 10 5. SEGREGATION OF FUNDS 11 6. BUY AMERICAN REQUIREMENT 11 7. WAGE RATES REQUIREMENTS. 11 8. SPECIAL CONTRACTING PROVISIONS 11 9. WHISTLEBLOWER PROTECTION 11 10. INSPECTION OF RECORDS 12 11. FALSE CLAIMS ACT 12 12. ENVIRONMENTAL IMPACT REQUIREMENTS 12 13. PROHIBITION ON USE OF ARRA FUNDS 12 14. SUB - RECIPIENT REQUIREMENTS 12 15. ENFORCEABILITY 12 12 APPENDIX B PROJECT MANAGEMENT & REPORTING REQUIREMENTS 14 1. QUARTERLY PROGRESS AND FINANCIAL REPORTS 14 2. DOCUMENTATION AND RECORD KEEPING 14 3. GRANT DISBURSEMENTS 15 4. WITHHOLDING OF GRANT FUNDS 15 Alaska Small Cities EECBG Provisions Page 2 of 15 Y GgNERA . ?FtPlI IO..NS 1, Definitions In this Grant Agreement, attachments and amendments: a) "Authority" means the Alaska Energy Authority, a public corporation of the State of • Alaska. b) "Authorized Representatives" means those individuals or entities authorized by an entity to act on its behalf, with delegated authority sufficient to accomplish the purposes for which action is needed. c) "ARRA" means the American Recovery and Reinvestment Act of 2009. d) "City" means the City or Borough receiving the grant. e) "Executive Director" means the Executive Director of the Authority or the Executive Director's authorized representative. f) "Matching contributions" or "match" means the cash, loan proceeds, in -kind labor, equipment, land, other goods, materials, or services a Sub - grantee provides to satisfy any match requirements of a grant or to complete the Project. g) "Project" means the work to be completed as defined in the Scope of Work and /or on the Grant Application Parts A and B for which funds have been made available. h) "Project Manager" means the employee of the Authority responsible for assisting the Sub- grantee with technical aspects of the Project and is one of the Grantor's contacts for the Sub - grantee during all phases of the Project. i) "Sub- grantee" means the City or Borough receiving the grant. j) "State" means the State of Alaska. 2. Authority Saved Harm less As a condition of this Grant, the Sub- grantee agrees to defend, indemnify, and hold harmless the Authority and the State of Alaska, and their agents, servants, contractors, and employees, from and against any and all claims, demands, causes of action, actions, and liabilities arising out of, or in any way connected with this grant or the project for which the grant is made, howsoever caused, except to the extent that such claims, demands, causes of action, actions or liabilities are the proximate result of the sole negligence or willful misconduct of the Authority or the State of Alaska. 3. Workers' Compensation Insurance The Sub - grantee shall provide and maintain Workers' Compensation Insurance as required by . AS 23.30 for all employees engaged in work under this Grant Agreement. The Sub - grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. Alaska Small Cities EECBG Provisions Page 3 of 15 4. Insurance The Sub - grantee is responsible for obtaining any necessary insurance and endorsements as defined in General Provisions No. 35. 5. Equal Employment Opportunity (EEO) The Sub - grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Sub - grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Sub- grantee shall state in all solicitations or advertisements for employees to work on Authority funded projects, that it is an Equal Opportunity Employer and that all qualified applications will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Sub - grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor and subcontractor. 6. Public Purposes The Sub - grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to public purposes and any project constructed or equipment or facilities acquired, shall be owned and operated for the benefit of the general public. The Sub - grantee shall spend monies appropriated under this grant only for the purposes specified in the Grant Agreement. The benefits of the Project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. 7. Officials Not To Benefit No member of or delegate to Congress or the Legislature, or officials or employees of the Authority, the grantee, or Federal government may share any part of this agreement or any benefit to arise from it. S. Governing Law This Grant Agreement is governed by ARRA and the laws of the State of Alaska. Any civil action arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. 9. Severability If any section, paragraph, clause or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall be unaffected and enforced to the fullest extent possible, and the invalid or unenforceable provision shall be deemed replaced with a valid and enforceable provision that is as similar as possible to such invalid or unenforceable provision. Alaska Small Cities EECBG Provisions Page 4 of 15 f"' ?. 10. Non - waiver The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement, or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. 11. Integration This instrument and all appendices, amendments, and attachments hereto embody the entire Agreement of the parties concerning the grant funds granted hereunder. There are no • promises, terms, conditions, or obligations regarding said funds other than those contained in the documents described above; and such documents shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. To the extent there is any conflict between the provisions of Appendix A and B and the Sub- grantee's application or proposal, the provisions of Appendix A and B prevail. 12. Sub - grantee Not Agent of Authority The Sub - grantee and any agents and employees of the Sub - grantee act in an independent capacity and are not officers or employees or agents of the Authority in the performance of this Grant Agreement. 13. Grantee Project Manager For construction projects, the Grantee will contract or hire competent persons to manage all phases of the Project subject to approval of the Authority. Work at a minimum will include: management of Sub - Grantee's labor for the project, engineering firms and consultants, procurement, management of construction contractors, selection of equipment, review of plans and specifications, on -site inspections and review and approval of work, and other duties to ensure that the completed work conforms with the requirements of the grant. 14. Disputes Any dispute arising under this Grant Agreement which is not disposed of by mutual agreement must be dealt with in accordance with 3 AAC 108.915. 15. Termination a) The Sub - grantee shall have no rights to compensation or damages for termination except as provided in this Section. b) In addition to all other rights available under law, the Authority may terminate this Agreement or stop work on the Project for cause upon ten (10) days written notice. c) "Cause" for termination shall exist when the Sub - grantee has failed to perform under this Agreement, has provided incorrect or misleading information or has failed to provide information which would have influenced the Authority's actions. In order for termination to be for cause, the Sub- grantee's failure to perform or the Sub - grantee's provision of incorrect, misleading, or omitted information must be material. d) If this Agreement is terminated for cause, the Sub - grantee shall be entitled to no compensation. The Sub - grantee shall reimburse the Authority for all grant funds expended under this Agreement by the Sub - grantee or on the Sub - grantee's behalf including interest accrued from the date of disbursement. The Sub - grantee shall also reimburse the Authority for any costs incurred to collect funds subject to reimbursement, and for any damages incurred by the Authority as a result of the Sub- grantee's failure to perform or provision of incorrect or Alaska Small Cities EECBG Provisions Page 5 of 15 misleading information. The Authority may require the Sub - grantee to return to the Authority some or all of the Project assets if this Agreement is terminated for cause. e) If this Agreement is terminated at the sole request of the Authority for the sole reason of its convenience, the Sub - grantee is not required to reimburse the Authority for funds expended prior to the date of termination. If the Sub - grantee has incurred costs under this agreement, the Sub- grantee shall only be reimbursed by the Authority for eligible costs the Sub - grantee incurred prior to the date of termination of the Agreement. However, prior to making any claim or demand for such reimbursement, the Sub - grantee shall use its best effort to reduce the amount of such reimbursement through any means legally available to it. The Authority's reimbursement to the Sub - grantee shall be limited to the encumbered, unexpended amount of funds available under this Agreement. 16. Termination Due to Lack of Funding In the event funding from the Authority, federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, the Authority may terminate the agreement, reduce funding, or re- negotiate subject to those new funding conditions. 17. No Assignment or Delegation The Sub - grantee may not assign or delegate this Grant Agreement, or any part of it, or any right to any of the money to be paid under it, except with the written consent of the Executive Director or Designee. 18. No Third Party Beneficiaries Except as otherwise specified in this agreement, no person is a third party beneficiary of this Agreement and this Agreement creates no third party rights. Specifically, any person who is not a party to this Agreement shall be precluded from bringing any action asserting the liability of a party or asserting any right against a party to this Agreement, through the terms of this Agreement. No person, other than a party to this Agreement, may bring any action based upon this Agreement for personal injuries, property damages, or otherwise. 19. No Additional Work or Material No claims will be allowed for additional work, materials, or equipment, not specifically authorized in this Grant Agreement, which are performed or furnished by the Sub - grantee. 20. Changes Any changes which have been agreed to by both parties will be attached and made a part of this Grant Agreement by use of a written Amendment. Any such Amendment must be dated and signed by Authorized Representatives of the Authority and the Sub - grantee. 21. Right to Withhold Funds The Authority may withhold payments under this Grant Agreement for non - compliance with any of the provisions of this Grant Agreement. 22. Remission of Unexpended Funds The Sub - grantee shall return all unexpended grant monies to the Authority within 90 days of the Project completion. Alaska Small Cities EECBG Provisions Page 6 of 15 w =: i 23. Tax Compliance Responsibilities of Sub - grantee The Sub - grantee is responsible for determining applicable federal, state, and local tax requirements, for complying with all applicable tax requirements, and for paying all applicable taxes. The Authority may report the grant to the Internal Revenue Service on an appropriate information reporting form. The Sub - grantee shall pay all federal, state and local taxes incurred by the Sub - grantee and shall require the payment of all applicable taxes by any contractor or any other persons in the performance of this Grant Agreement. • 24. Lobbying Activities In accepting these funds, the Sub- grantee agrees and assures that none of the funds will be used for the purpose of lobbying activities before the United States Congress or Alaska _ Legislature. No portion of these funds may be used for lobbying or propaganda purposes as prohibited in AS 37.05.321, 18 U.S.C. 1913, 31 U.S.C. 1352, or other laws as applicable. 25. Reporting Requirements The Sub - grantee shall submit progress reports to the Authority according to the schedule established in Appendix B of this Grant Agreement. 26. Ownership of Documents and Products All designs, drawings, specifications, notes, artwork, computer programs, reports and other work developed with grant funds in the performance of this agreement are public domain and may be used by the Authority and /or public without notice or compensation to the Sub - grantee. The Sub - grantee agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. Except as otherwise specifically agreed, and without limiting any Intellectual Property requirements of a federal funding agency, the Authority shall have unlimited rights to use and to disseminate any data produced or delivered in the performance of this grant. 27. Legal Authority The Sub - grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the Project described in this Grant Agreement by signing the Grant Agreement document. The Sub - grantee's relation to the Authority and the State of Alaska shall be at all times as an independent Sub - grantee. • 28. Approval to Proceed With Next Phase A grant award may be for one or more phases of a project. A Sub - grantee that selected Option 2, Two -Stage Project, must submit a Request to Proceed form and receive approval from the Authority prior to- proceeding -to the next stage -of -work: 29. Site Control If the grant Project involves the occupancy and use of real property, the Sub - grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. The Sub - grantee is responsible for securing the real property interests necessary for the construction and operation of the Project, through ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the Authority that it has secured these real property interests. Alaska Small Cities EECBG Provisions Page 7 of 15 80 30. Permits it is the responsibility of the Sub - grantee to identify and ensure that all permits required for the construction and operation of this Project by the Federal, State, or Local governments have been obtained. These permits may include, but are not limited to, Air Quality Permits, Corps of Engineers' Wetlands Permit, State Historic Preservation Office, State Fire Marshal approval, rights -of -way for the pipelines, aad site control, including any necessary Coastal Zone Management coordination through the Office of Project Management and Permitting (DNR). 31. Ownership of Facilities The Sub - grantee shall assume all liabilities arising from the ownership and operation of the Project. Sub - grantee will not sell, transfer, encumber, or dispose of any of its interest in the facilities constructed with this grant funding. 32. Grant Close out Sub- grantee will provide notice via final billing and grant will be closed. If the Sub- grantee fails to provide notice the Authority will provide written notice to the Sub - grantee that the Grant will be closed. The Sub - grantee shall sign the Notice of Project Closeout within 30 days after it is delivered by the Authority. The Grant will be considered closed upon receipt of the signed Notice of Project Closeout. The Grant will be administratively closed if the Sub - grantee fails to return the Notice of Project Closeout within 30 days after it is delivered by the Authority. If the Sub - grantee has a valid reason for the Grant to remain open, they must contact the Authority in writing within 30 days. No additional reimbursements will be made to the Sub - grantee after the grant is closed out. 33. Grant Funding Sources This Grant is subject to appropriation and availability of funds as listed below: State of Alaska, Department of Revenue, AHFC Grant Agreement # ADN# 400091, ARRA CFDA 81.127 Sub - grantee acknowledges that if additional grant funds are made available they are subject to the terms and conditions of this Agreement and any amendment. 34. Governing Laws The Sub - grantee shall perform all aspects of this Project in compliance with all applicable state, federal and local .laws, including. provisions of the Arrmerican.Recovery and Reinvestment Act of 2009 (ARRA). 35. Eligible Costs The Authority, as Grantor, shall have sole discretion to determine which project costs are eligible to be paid from Grant monies under this agreement. Only direct costs of the Project are eligible for payment or reimbursement from grant funds. Refer to Title 48 of the Code of Federal Regulations "Federal Acquisition Regulations System ", Part 31, "Contract Cost Principles and Procedures." Alaska Small Cities EECBG Provisions Page 8 of 15 8 A 36. Insurance Requirements The following policies of insurance shall be maintained by the Sub - grantee during the period of performance of this grant. In accepting the funds the Sub - grantee certifies and warrants that they have the following minimum insurance for the project under this grant. 1. Workers' Compensation: as required by AS 23.30.045, for all employees engaged in work under this Project. Waiver of subrogation against the State of Alaska is required. 2. Commercial General Liability, or Public Liability: Covering all operations under this Grant. 37. Disposition of Equipment Equipment purchased in part or wholly with federal funds shall be used by the Sub - grantee in the Project for which it was acquired as long as needed, whether or not the Project or program continues to be supported by federal funds. When no longer needed for the original program or Project, the equipment may be used in other activities currently or previously supported by a Federal agency. The Sub - grantee will not use the equipment to provide services for a fee on the grant- funded Project. The Sub - grantee shall be responsible for the operation and maintenance of equipment acquired with this grant. The Sub - grantee must keep records which will include a description, serial number, source and title, cost and percentage of federal participation in cost, location, use and condition, and sale price and date of disposal. Disposition of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation. • Alaska Small Cities EECBG Provisions Page 9 of 15 82 APPENDIX A AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) PROVISIONS Standard Terms and Conditions for Financial Assistance Awards (giants, cooperative agreements, and loans) under ARRA The Sub - Grantee will comply with ARRA requirements for this financial assistance award contained in these terms and conditions, or as modified by the federal government. If Sub- Grantee fails to comply with the reporting requirements or other award terms, the State agency official shall take the appropriate enforcement or termination action. The State agency official shall make failure to comply with the reporting requirements or other award terms a part of the Sub - Grantee's performance record. 1. Registration Requirements The Sub - grantee, and the Sub - grantee's contractors must maintain current registrations in the Central Contractor Registration (http: / /www.ccr.gov) at all times during which they have active federal awards funded with ARRA funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http: / /www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 2. Reporting Requirements U.S. OMB continues to issue additional guidance regarding ARRA reporting requirements. Please refer to the following website, http: / /www.whitehouse.gov /omb /recovery default/, where this guidance is posted. Included on this site is U.S. OMB memorandum M- 09 -21, Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009, and M- 10 -08, Updated Guidance on the American Recovery and Reinvestment Act —Data Quality, Non - Reporting Recipients, and Reporting of Job Estimates. Pursuant to Section 1512 of ARRA, State agencies receiving ARRA funds must submit a report to the federal government no later than ten calendar days after the end of each calendar quarter. The report must contain the information described in section 1512(c) of ARRA. Accordingly, the Sub- Grantee agrees to provide the Authority, the information described in section 1512 of ARRA using the reporting instructions and data elements that will be provided online at http: / /www.FederalReportinq.gov and ensure that any information that is pre - filled is corrected or updated as needed. 3. Single Audit Requirements The Sub-Grantee agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA). This shall be accomplished by identifying expenditures for Federal awards made under ARRA separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the Federal program on • the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. Sub - Grantee agrees to separately identify to each subcontractor and document at the time of award and at the time of disbursement of funds, the Federal award number, CFDA number, and Alaska Small Cities EECBG Provisions Page 10 61 15 83 amount of ARRA funds. Should the Authority sub -award ARRA funds for an existing program, the information furnished to Sub - Grantee or subcontractor shall distinguish the awards of incremental ARRA funds from regular awards under the existing program. The Authority agrees to require their sub - grantees to include on their SEFA information to specifically identify ARRA funding similar to the requirements for the Authority SEFA described above. This information is needed to allow the Authority to properly monitor sub - recipient expenditure of ARRA. funds as well as oversight by the Federal awarding agencies, Office of Inspector General and the Government Accountability Office. 4. Availability of Funding Sub- Grantee agrees that programs supported with temporary federal funds made available by ARRA will not be continued with State - financed appropriations once the temporary federal funds are expended. 5. Segregation of Funds Sub- Grantee agrees that it shall segregate revenues, obligations, and expenditures of ARRA funds from other funding. No part of funds available under ARRA may be commingled in accounting records with any other funds or used for a purpose other than that of making payment for costs allowable under ARRA and this agreement. 6. Buy American Requirement In accordance with ARRA section 1605, the Sub - Grantee assures that it, and its subcontractors, will not use ARRA funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United State in a manner consistent with United States obligations under international agreements. The Sub - Grantee understands that this requirement may only be waived by the applicable federal agency in limited situations as set out in ARRA, section 1605. Specific exclusions to this requirement are posted on the Authority's web site at http://www.akenerpvauthority.orWeecbcr.htrnl. 7. Wage Rates Requirements. In accordance with ARRA section 1606, the Sub - Grantee assures that it, and its subcontractors, will fully comply with this section in that, notwithstanding any other provision of law, and in a manner consistent with the other provisions of ARRA, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part with funds under ARRA, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the United States Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (Davis -Bacon Act). 8. Special Contracting Provisions In accordance with ARRA section 1554, the Sub - Grantee agrees that it, and its subcontractors, will award contracts as fixed -price contracts through the use of competitive procedures to the extent possible. The Sub - Grantee further agrees that it will provide a summary of any contract awarded with ARRA funds that is not fixed -price and not awarded using competitive procedures to be posted in a special section of the website established in accordance with ARRA section 1526. Alaska Small Cities EECBG Provisions Page 11 of 15 84 9. Whistleblower Protection In accordance with ARRA section 1553, the Sub - Grantee assures that it, and its subcontractors, will fully comply with this section, including, but not limited to, assuring that employees will not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosures by the employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract or granted relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to implementation or use of ARRA funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, award or issued relating to ARRA funds. In accordance with ARRA section 1553 (e), the Sub - Grantee assures that it, and its subcontractors, will post notice of the rights and remedies provided in ARRA section 1553. The required placard is available at the Authority's web site http:/ Iwww. akenergvauthority .orq /eecbq.html. 10. Inspection of Records The Sub - Grantee agrees that it, and its subcontractors, will cooperate with any representative of the State of Alaska, the United States Comptroller General or his representative, or the appropriated inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 or his representative in the examination of records that pertain to, or involve transactions relating to this grant, and agrees that it, and its personnel can be interviewed by these entities regarding this grant and related program. 11. False Claims Act The Sub- Grantee agrees that it, and its subcontractors, shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, sub - grantee, subcontractor or other person has committed a false claim or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. 12. Environmental Impact Requirements In accordance with ARRA section 1609, the Sub - Grantee assures that it, and its subcontractors, will comply with any applicable environmental impact requirements of the National Environmental Policy Act of 1970 (NEPA), as amended. 13. Prohibition on Use of ARRA Funds The Sub - Grantee agrees that none of the funds made available under this grant may be used for any casino or other gambling establishment, aquarium, zoo, golf course, swimming pool, or similar projects. 14. Sub - recipient Requirements The Sub - Grantee agrees that it will include these standard terms and conditions, including this requirement, in any of its subcontracts or sub - grants in connection with projects funded in whole or in part with funds available under ARRA. 15. Enforceability If the Sub- Grantee, or any of its subcontractors fails to comply with all applicable federal and State requirements governing the use of these funds, the State of Alaska may withhold or suspend, in whole or in part, funds awarded under the program, or recover misspent funds Alaska S,nall Cifies EECBG Provisions Page 12 of 15 85 following an audit. This provision is in addition to all other remedies provided to the State of Alaska under all applicable federal and State laws. PLEASE NOTE THAT COMPLIANCE WITH APPLICABLE SECTIONS OF THE AMERICAN RECOERY AND REINVESTMENT ACT (ARRA) WILL BE STRICTLY ENFORCED BY THE STATE AND FEDIRAL GOVERNMENT. THEREFORE, ALL GRANTEES AND SUBRECIPIENTS SHOULD BECOME FAMILIAR WITH THE SPECIFIC TERMS AND REPORTING REQUIREMENTS OF ARRA AS MAY BE APPLICABLE TO FUNDS RECEIVED. • Alaska Small Cities EECBG Provisions Page 13 of 15 %t0 Appendix B Project Management & Reporting Requirements 1. Quarterly Progress and Financial Reports The Sub- grantee will provide quarterly status reports on the provided reporting forms (available at http:// www. akenergyauthority .orq /eecbq.html) by email (or other method allowed by the Authority, if email is not available) to the Authority's Project Manager. These Quarterly Progress Reports must summarize the progress made on grant tasks during the quarter and identify any difficulties in completing tasks or meeting goals or deadlines. The Sub - grantee must also include with the report copies of any work products due to the Authority during this period, and may voluntarily submit photographs and captions of the Project. These reports are due according to the schedule below starting with the first deadline after the award of the grant and continuing until the final report is submitted or until September 15, 2012, whichever is sooner. If the due date falls on a weekend or state or federal holiday, the reports will be due the following work day. Repeated failure to submit reports in a timely manner could result in suspension or termination of the grant. Quarterly Report Due Dates • June 15, 2010 • September 15, 2010 • December 15, 2010 • March 15, 2011 • June 15, 2011 • September 15, 2011 • December 15, 2011 • March 15, 2012 • June 15, 2012 • September 15, 2012 (All Final Reports Due, if not completed earlier) All reports and deliverables required in this agreement must have been submitted and approved by the Authority prior to the final payment being released. 2. Documentation and Record Keeping The Sub - grantee shall maintain the following in their files: • Grant application, • Grant agreement and any amendments, • All written correspondence or copies of emalls relating to the Grant, • Reports, including any consultant work products, • A separate accounting of grant income and expenditures, • Supporting documentation for the expenditures charged to the grant (including supporting documentation for all required matching contributions). The Authority and any authorized federal representative may inspect, in the manner and at any reasonable time either considers appropriate, the Sub- grantee's facilities, records, and activities funded by this Grant Agreement. Alaska Small Cities EECBG � Provisions Page 14 of 15 8 g 3. Grant Disbursements The Sub - grantee must request disbursement of grant funds in the form and format required by the Authority with appropriate back -up documentation and certifications. The form is provided at http://www.akenerqvauthoritv.orq/eecbq.html A Reimbursement Request Form may be submitted by the Sub - grantee to the Authority with the Quarterly Report or as frequently as monthly. The back -up documentation must demonstrate the total costs incurred are allowable, and reflect the amount being billed. Documentation must include: • A summary of direct labor costs supported by timesheets or other valid time record to document proof of payment • Travel and per diem reimbursement documentation • Contractor or vendor pay requests • Invoices Payment of grant funds will be subject to the Sub - grantee complying with its requirements of the Grant. Payment of grant funds will be made by the Authority to the Sub - grantee within 30 days from receipt of a properly completed, supported, and certified Reimbursement Request. 4. Withholding of Grant Funds If, upon review of a Request for Reimbursement, the Authority discovers errors or omissions in the billings it will notify the Sub- grantee within thirty (30) days of receipt of the billing. Payment for the portion of billings for which there is an error or omission may be withheld pending clarification by Sub - grantee. Grant funds may be withheld for the following reasons: • The Sub - grantee fails to provide adequate back -up documentation. • The Authority determines that a specific expense is not allowed under the grant. Up to 10% of the Authority's contribution of grant funds may be retained by the Authority until the Project is completed and all required final documentation and reports are received and accepted by the Authority. Alaska Small Cities It Provisions Page 15 of 15 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN AN EXTENSION OF A SPECIAL SERVICES CONTRACT BETWEEN THE CITY OF SEWARD AND THE DEPARTMENT OF PUBLIC SAFETY PROVIDING DISPATCH AND CLERICAL SERVICES TO PUBLIC SAFETY EMPLOYEES IN THE SEWARD AREA FOR FORTY EIGHT THOUSAND AND FIVE HUNDRED DOLLARS ($48,500.00) WHEREAS, the City of Seward has entered into an agreement for the past fourteen (14) fiscal years to provide dispatch and clerical services to Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward Community; and WHEREAS, the amount of compensation for dispatch services has been Forty Eight Thousand and Five Hundred Dollars ($48,500.00); and WHEREAS, the attached extension would continue the services at the current rate through June 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for Forty Eight Thousand and Five Hundred Dollars ($48,500.00). Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12 day of July 2010. THE CITY OF SEWARD, ALASKA Willard E Dunham, Mayor �9 Council Agenda Statement Meeting Date: July 12th, 2010 �� Of SF�q From: Tom Clemons Chief of Police t 41 4:As -P Through: Phillip Oates, City Manage Agenda Item: Extension of Special Services Contract between the Department of Public Safety and the City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has entered into an agreement for the past 13 fiscal years to provide dispatch and clerical services to the Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward community. The amount of compensation for that contract has been $48,500. The attached extension would continue the services at the current rate through June 30, 2011. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable X FISCAL NOTE: The City of Seward will receive the sum of $48,500 from the State of Alaska for this contract. These funds have been anticipated and are already include. : 010 budget. Ammo Approved by Finance Department , i , j_.,_ �Al r ,„�, �y; ATTORNEY REVIEW: Yes: No: X RECOMMENDATION: Recommend approval of Resolution 20104/authorizing the city manager to sign an extension of a - Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for $48,500. 9 9 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2010 to June 30, 2011 GENERAL PROVISIONS The parties. The parties to this contract are the Alaska Department of Public • Safety (hereinafter referred to as the "Department ") and the City of Seward (hereinafter referred to as the "City "). Sole Agreement. The City and the Department undertake this contract under the terms set forth below. This contract is the sole agreement between the parties relating to special services, and there are no other agreements, express or implied. Effective Date/Termination /Amendments. This contract is effective July 1, 2010 and continues in force until June 30, 2011. Either party may terminate the agreement with thirty (30) days written notice to the other party. This agreement may be amended by written agreement of the parties. The Department will pay the City for services provided in accordance with, and under the terms of, this contract. Payments will be made quarterly in the amount of $12,125.00, for a total of $48,500.00. Payment for services provided under this contract will be made in four payments in the amount of and covering the period indicated below: Period Covered Amount Payment Process Can Be Initiated 07/01/10 - 09/30/10 $12,125.00 10/01/10 10/01/10 - 12/31/10 $12,125.00 01/01/11 01/01/11 - 03/31/11 $12,125.00 04/01/11 04/01/11 - 06/30/11 $12,125.00 06/01/11 12 Month Total $48,500.00 2. The City will provide and perform the services specified in this contract to the satisfaction of the Department, in support of Department personnel and operations. SPECIFIC PROVISIONS • 3. The City will: a. Provide full dispatch services, APSIN /NCIC services, telephone answering and message taking services, and public reception services relative to Department business 24 hours each day for the Department and Department Personnel working in vehicle, vessel or foot, in aircraft or any other means in the greater Seward and Lower Kenai Peninsula Region; Page 10 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2010 to June 30, 2011 b. Provide full clerical services and support to Department personnel, including access to and use of the office copying machine and fax machine; to include typing of criminal complaints, transcription of taped statements, typing services as needed for completion of police reports; • c. Permit continued access to and utilization of professional facilities and equipment instrumental to the overall efficient and effective operation of law enforcement and emergency response component, i.e.; squad room, kitchen, weight and exercise room, interview rooms, storage rooms, evidence processing room and equipment, a secure locked evidence room accessible only by authorized AST personnel, Data Master, video and training material, other general building facilities including parking for state vehicles, ATV and snow machines. d. Permit continued transport and security of prisoners from the Seward City Jail to Seward Court for hearings and arraignments. IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their names on behalf of the City and the Department respectively. For the City of Seward: For the Department of Public Safety: By By Printed Name Printed Name Official Title Official Title Date Date Page 2 of 2 2 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2010 to June 30, 2011 GENERAL PROVISIONS The parties. The parties to this contract are the Alaska Department of Public Safety (hereinafter referred to as the "Department ") and the City of Seward (hereinafter referred to as the "City "). Sole Agreement. The City and the Department undertake this contract under the terms set forth below. This contract is the sole agreement between the parties relating to special services, and there are no other agreements, express or implied. Effective Date/Termination /Amendments. This contract is effective July 1, 2010 and continues in force until June 30, 2011. Either party may terminate the agreement with thirty (30) days written notice to the other party. This agreement may be amended by written agreement of the parties. The Department will pay the City for services provided in accordance with, and under the terms of, this contract. Payments will be made quarterly in the amount of $12,125.00, for a total of $48,500.00. Payment for services provided under this contract will be made in four payments in the amount of and covering the period indicated below: Period Covered Amount Payment Process Can Be Initiated 07/01/10 - 09/30/10 $12,125.00 10/01/10 10/01/10 - 12/31/10 $12,125.00 01/01/11 01/01/11 - 03/31/11 $12,125.00 04/01/11 04/01/11 - 06/30/11 $12,125.00 06/01/11 12 Month Total $48,500.00 2. The City will provide and perform the services specified in this contract to the satisfaction of the Department, in support of Department personnel and operations. SPECIFIC PROVISIONS 3. The City will: a. Provide full dispatch services, APSIN /NCIC services, telephone answering and message taking services, and public reception services relative to Department business 24 hours each day for the Department and Department Personnel working in vehicle, vessel or foot, in aircraft or any other means in the greater Seward and Lower Kenai Peninsula Region; Page 1 of 2 3 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2010 to June 30, 2011 b. Provide full clerical services and support to Department personnel, including access to and use of the office copying machine and fax machine; to include typing of criminal complaints, transcription of taped statements, typing services as needed for completion of police reports; c. Permit continued access to and utilization of professional facilities and equipment instrumental to the overall efficient and effective operation of law enforcement and emergency response component, i.e.; squad room, kitchen, weight and exercise room, interview rooms, storage rooms, evidence processing room and equipment, a secure locked evidence room accessible only by authorized AST personnel, Data Master, video and training material, other general building facilities including parking for state vehicles, ATV and snow machines. d. Permit continued transport and security of prisoners from the Seward City Jail to Seward Court for hearings and arraignments. IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their names on behalf of the City and the Department respectively. For the City of Seward: For the Department of Public Safety: By By Printed Name Printed Name Official Title Official Title Date Date Page 2 of 2 94 City of Seward, Alaska City Council Minutes June 28, 2010 Volume 38, Page CALL TO ORDER The June 28, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice -Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Valdatta Jean Bardarson presiding and Tom Smith Linda Amberg Marianna Keil Vanta Shafer comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — Willard E. Dunham CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jill Simpson, spoke in favor of the wellness initiative on smoking cessation and hoped that someday down the road all businesses and areas within the community would be smoke -free. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Amberg) Approval of Agenda and Consent Agenda Motion Passed >? Unanimous The following was pulled from the agenda by the administration. Resolution 2010 -058, Endorsing The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two As Attached. The following was added to the agenda: Discussion on cancelling and re- scheduling of the Thursday, July 1, 2010 work session on land policies and lease procedures. C 5 City of Seward, Alaska City Council Minutes June 28, 2010 Volume 38, Page The clerk read the following approved consent agenda items: The June 14, 2010 Regular City Council Meeting Minutes Were Approved. As AML /JIA membership, accept the Board of Trustees' recommended changes to the Cooperative Participation Agreement and Bylaws by authorizing the signing of signatory page 11. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Tom Swann was awarded a gold pan for his almost ten years of service on the Historic Preservation Board. July is National Parks and Recreation Month. The Rasmussen Foundation was welcomed celebrating their 55 Anniversary. City Manager's Report, City Manager Phillip Oates stated a purchase order had been issued to Peninsula Asphalt and Paving, Inc, for $17,000 for repairs to the waterfront bike path, damaged in the storm surge event December 2009, and costs for the repairs would be reimbursed through the State of Alaska DHS Emergency Management. He said based on recent legislation passed, the City of Seward could expect to receive approximately $228,000 in State revenue sharing in the upcoming year This was not included in the budget, but Oates suggested funds be used for the purposes of funding general government related capital needs, or alternatively, given the financial status of the electric fund, Council may prefer to use these one -time monies to reimburse the electric fund a portion of what the electric fund had paid to subsidize the SMIC debt over the past fifteen years. > Harbor. Staff completed improvements to the northeast fish cleaning station and repair to the northeast launch ramp would be finished in the next few days. Preventative maintenance on that launch ramp would continue into the fall. Repairs and adjustments were being made on the fish cleaning station on B -dock to discourage sea lions from feeding in the area Funding recommendations had been finalized, and the Seward Harbor was the #1 Tier 2 project for a new fish cleaning station in the northeast harbor, similar to those currently located at B and J floats. The Tier 1 projects would utilize the entire available funding allocation of $13,710,857. Tier 2 projects would be submitted for approval as back -up projects, in the event that a Tier 1 project could not be carried out. > Community Development. FEMA meetings were facilitated where important information was provided on the new FIRM maps. The Corps of Engineers visited and began the scope of work on the requested 103 Coastal Erosion Authority and Corps Continuing Authorities Program process to discuss the effects of ecosystem restoration, recreation elements, budget, matching requirements and took a tour of the problem areas along the coast. An initial City of Seward, Alaska City Council Minutes June 28, 2010 Volume 38, Page $100,000 had been approved by the Corps to begin the study, with staff assisting with data collection. The city was on track to install air monitors in August or September of this year. Troy Ritter, with ANTHC, was working with the City on funding possibilities for installation costs and filter shipping. > Public Works. Staff had been busy working with the Harbor on Z -float to extend water, sewer and storm water for the north harbor expansion, drafting an RFP for windows and doors and gathering bids for boilers, preparing for the 4 of July road closures and waste management, working on water and sewer design for the north upland harbor, attended a meeting with the Department of Homeland Security in regards to the Lowell Creek bridge repair project and also participated in the Corp of Engineers meeting to explore coastal planning and mitigation. The North Seward Water Storage Tank Project Phase 1 was nearly completed. The contractor was cleaning up the site in preparation for the 4 of July. In response to questions, Council was inclined to put the $228,000 of revenue sharing monies to the electric department, but requested a resolution brought forward. Oates stated the impound lot should be cleaned up soon and the area would be turned into additional space for the Public Works Department. NEW BUSINESS Resolution 2010 -057, Authorizing The City Manager To Enter Into A Contract With Northern Geotechnical Engineering, Inc. /Terra Firma Testing To Provide Geotechnical Explorations At The Site Of The New Seward Community Library And Museum And Appropriating Funds. Oates stated there were three quotes that were received and explained, and non -city funds would be utilized and transferred to the city. He clarified this was to find out how suitable the ground foundation was to build a structure on Motion (Keil/Shafer) Approve Resolution 2010 -057 Motion Passed Unanimous OTHER NEW BUSINESS Discussed and prioritized the council travel budget for 2010/11, and the remaining commitments ie; paying $750 for the Conference of Mayors on the Peninsula if they organize it, Wada commitments, any trips to Japan, mural society, Korean invites, newly elected for AML, etc. Council hoped we could use airline miles for the Japan trip, agreed to invite the Yeosu City, Korea Mayor to Seward if not this year, next; and wanted the Clerk and Mayor to come up with a travel plan ahead of time for the rest of the year. Discussed developing an action plan on navigability. 57 City of Seward, Alaska City Council Minutes June 28, 2010 Volume 38, Page Council wanted to stay on top of this issue and not forget about it. Discussed whether to appropriate money for the purposes of copying materials to "Vote NO on Proposition #1" referred to as the Gag Law that will be on the Alaska primary ballot. Council wished Administration find out the intent and bring back a resolution to possibly appropriate • money if needed. The work session set for July 1 on land policies and lease procedures was rescheduled to be set on the July 26, 2010 agenda to reschedule. INFORMATIONAL ITEMS AND REPORTS (No action required) COUNCILS' COMMENTS Amberg wished Mayor Dunham to get better soon. She noted the bikers had hit Homer. Keil also wanted Mayor Dunham to get better soon. Shafer hoped for a good 4th of July and noted it would be crowded with all the cruise ships in She too hoped Mayor Dunham felt better soon. Smith stated that the Kenai Peninsula Borough Economic Development District had met in Seward this past week and wished everyone a good 4th of July. Valdatta had received a lot of compliments on the latest murals and wanted lights shown on them in the dark winters. Bardarson again thanked Tom Swann for his 10 years of service on the Historic Preservation Commission and also thought the murals were beautiful. She hoped the 4th of July was a safe one CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 7:57 p.m. Jean Lewis, CMC Jean Bardarson City Clerk Vice -Mayor (City Seal) City of Seward, Alaska 4of se City of Seward 1963 1965 2005 -k:,") P.O. Box 167 hitd Seward, Alaska 99664 -0167 All•America City icASKP Main Office (907) 224 -4050 1 1 Facsimile (907) 224 -4038 The Honorable Dave Carey Kenai Peninsula Borough 144 N. Binldey St. Soldotna, Alaska, 99669 Dear Mayor Carey, Thank you for taking the lead in organizing the October 8, 2010 Summit in Seward to address Seward Area Navigability and Flood Control Issues with State officials. These are issues that impact the entire Seward Area Watershed and go across existing City and Borough boundaries. The Seward City Council is supportive of achieving the following outcomes from the Summit: 1. Recognition that the State of Alaska does not have title to rivers, streams, or creeks within the City of Seward that are navigable based on tidal actions of Resurrection Bay when the City has ownership of the tidelands where those waterways flow into the Bay 2. Recognition that the State of Alaska receives value for its resources when gravel is removed for flood mitigation purposes from navigable waterways 3. Agreement that the State of Alaska will not impose a cost for gravel removed from navigable waterways when the removal is a valid flood mitigation measure performed or directed by the City of Seward, Seward Bear Creek Flood Service Area Board, or Kenai Peninsula Borough 4. Agreement that contractors would pay the State of Alaska a percentage of profits (such as 3 percent) instead of a set fee for gravel removed from navigable waterways when the removal is a valid flood mitigation measure approved by the City of Seward, Seward Bear Creek Flood Service Area Board, or Kenai Peninsula Borough and the gravel is used to defray the cost of removing the gravel 5. Legal recognition of pre - statehood titles and patents of land ownership when that ownership is within the existing or historical alluvial fan of a navigable waterway 6. Agreement to research and consider implementing statutory and regulatory practices of other western states pertaining to navigability and flood mitigation c9 7. Agreement of all participants at the Summit to assist efforts to revise and support the statutory and regulatory changes that are consistent with the outcomes of the summit Additionally, the City of Seward continues to monitor Hunz v. Alaska and because the question of pre- statehood titles could be decided with this court decision; Seward would like to incorporate time to discuss the status of this case and any updates. The desired outcome would be for the Alaska Department of Natural Resources to acknowledge title transfers and patents of Pre - Statehood land in the Seward area. We appreciate your consideration of our recommendations for desired accomplishments. Please contact City Manager Phillip Oates, via email at poates @cityofseward.net or via phone at (907) 224 -4047 for further information. Written mail can be sent to PO Box 167, Seward, AK 99664. Sincerely, Willard Dunham, Mayor City of Seward I. n0 KENAI PENINSULA BOROUGH E3 144 North Binkley St., Soldotna, Alaska 99669 -7520 1 -800- 478 -4441, Ext. 2153 • 907- 714 -2153 • Fax 907 - 714 -2377 www.borough.kenai.ak.us • bahlberg @borough.kenai.ak.us DAVID R. CAREY BOROUGH MAYOR • 30 June 2010 — Seward Summit Planning Meeting DRAFT ACTION ITEMS Attendance: City of Seward BCSFSA KPB Phillip Oates, Mgr. Bob White, Board Sue McClure, Assembly Marianna Keil, Council Christina Stauffer, Asst. David Carey, Mayor Christy Terry, Planning John Mohorcich, KRC Dir. Dan Nelson, Planner Max Best, Planning Dir. Dan Mahalak, Hydrologist Sue Wilcox, Spc. Asst. Eric Mohrmann, OEM Brenda Ahlberg, Grants Consent direction and representation will aim to achieve state statue and /or regulation changes emphasizing the following: • Flood mitigation and gravel removal • Tidelands and pre- statehood titles • Definition determinations, i.e. what citations constrain terms that affect decisions Immediate Tasks: • KPB shall draft letter to the Governor citing the above. The letter shall be endorsed by the City, SBCFSA and KPB officials. • The City shall present to Council for validation and support of Summit direction. • BCSFSA shall draft resolution ( ?) recognizing the Summit direction. • KPB Legal Department shall be tasked with statue and /or regulation review, research other states' statues and generate appropriate draft language for • proposed changes. • KPB to generate possible attendees and route to City and SBCFSA for review (invitations to follow). Invited Audience: • Governor /administration and appropriate legislators /staffers • Assembly members 1 30 June 2010 — Seward Summit Planning Meeting DRAFT ACTION ITEMS Page Two • City Council members • Congressional Delegation /staffers • State agencies • Business sector Prospective Agenda — Overview taken from talking points... 08 October 2010 @ Rae Building 0800 — 0950 Bus tour with specific government /elected officials BCSFSA to identify tour route and sites City to assist with physical logistic needs — specifics yet to be fixed 1000 Merge bus tour invitees with remaining group at the Rae Bldg S Welcome speaker(s): Education /Historical information presenters: .fl Lunch served in -house Draft language for statue /reg. chgs. moderator: - Directives that generated changes? as Floor plan shall be round table? Hotel options and touring information will be included in invitation request (contact Chamber). See attached "Tasks" chart for additional input 1_ n 2 Cost Vendor Com onent/Total Task Oversi • ht Notes Local/KPB representation Invitation list sent for review to City /SBCFSA Gov /State Legislators Congressional Delegation Agencies AK Statue/Regulation changes KPB Legal Dept Includes other states' actions Education SBCFSA Slide show Tour route and identified sites Individual Presentations Identify goal and speakers to present ? ?? CY: Facility UAA - Rae Bldg General venue - roundtable format ? ?? Catering - bkfst KPB Cont. Bkfst, beverage service Catering - lunch KPB Buffet or served - per plate cost External resources needed Transportation City Bus, sound equipment, staging ? ?? Invitations KPB Scheduled and later FYI targeted Printing Fact sheets, agendas, supporting docs /prez material etc Audio/video UAA - Rae Bldg Podium, wireless, PP prez, etc Tech support In -house or needed Agenda jockey moderator to transition thru agenda topics Indv. agencies' needs Lodging options FYI packet emailed to attendees Public Information KPB /City clerk's offices / SBCFSA Public Safety OEM office, local law enforcement notification Legislation - regular contact Supporting docs / actions / meetings FY11 Legislation Capital/Federal Requests • �� Q I � SEAN PARNELL, GOVERNOR v).) / DIRECTOR'S OFFICE / 550 W. 7 AVE., SUITE 1070 ANCHORAGE, ALASKA 99501 -3579 DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER PHONE (907) 269-8600 (907) 269 -8904 April 19, 2010 Mayor David Carey • Kenai Peninsula Borough 144 North Binkley St. Soldotna, AK 99669 -7520 Re: Seward area navigability and flood control issues Dear Mayor Carey, We met on November 2nd to discuss items you included in your October 30, 2009 letter regarding Seward flooding. I believe we provided sufficient information to answer the questions in that correspondence. At a subsequent meeting on March 5, 2009 you requested that DNR provide written response to your October 30, 2009 so that you could have some written documentation when you are communicating with interested parties. Therefore this letter will provide brief responses to the requests in that letter. 1. Has the state decided which streams in the Seward Bear Creek areas are navigable per AS 38.04.062? In 2006, the state responded to Mr. Jim McCraken, Chair of the Seward /Bear Creek Flood Service Area Board with a Navigability Determination of the navigable water bodies in the Seward area. In this determination, dated March 20, 2006, there was one river, the Salmon Creek that had conflicting state navigability determinations due to conflicts between the official USGS names and the locally known names. The state is continuing it's re- evaluation of the navigability of this water body, and will be doing field work as part of a new analyses. The State will provide a determination to the Kenai Peninsula Borough by September, 2010. a. Is there a process for adding or deleting streams from the navigability determination based on stream changes over time? Navigability for title purposes is set as the date of Statehood, January 3, _ 1959. All navigability determinations relate to the status of the river on that date. For the purpose of ownership (navigability for title purposes) changes are only made when additional information is found which change the factual basis of the river navigability at the time of statehood. The subsequent natural meandering of the stream typically changes the location, but not the ownership of the stream bed. , "Develop, Conserve, and Enhance Natural Resources for .Present and Future Alaskans." 104 Seward Gravel 4/19/10 Page 2 of 7 b. Has a final decision document been issued regarding the state's determination of navigability of the streams in the Seward area? And can we have a copy? Navigability Decisions are not final decision documents. They are administrative determinations which are incorporated into decision documents, i.e. gravel extraction permits, conveyances etc. The current navigability documents (which were previously sent) are attached, and any redetermination documents for the Salmon Creek will be transmitted to the • KPB when completed this September. c. We understand the general terms for navigability referenced in your letter, but respectfully request that your office provide a specific description of the decision making process followed when determining navigability. What specific standards are used, and do you use riparian experts? Navigability determinations for title purposes are based on federal case law. A water body is considered navigable for title purposes when it is either 1) influenced by tidal action, 2) navigable in fact or 3) susceptible to navigation. When there is insufficient historical use information, the state will consider physical characteristics of the water body and compare this to other known or adjudicated navigable water bodies. In order to prepare a navigability determination, staff will start by investigating the historical use of each waterbody. They will also collect all available information in relation to decisions made about the river. They will then collect hydrological and physical characteristic information. The State may also send 'a team to investigate the current status of the waterbody. Staff will have backgrounds in navigable waters criteria, historical research, surveying of boundaries, and hydrology. Staff will then complete a report on the findings of the research and will prepare a navigability determination for review and approval. All reports will be based upon scientific and historical research, legal analysis and possibly physical characterisics. Any determination will be made upon consistent criteria. As previously noted, some of the important Alaska cases are: State of Alaska v. Ahtna, Inc., 891 F.2d 1401 (9th Cir. 1989), cert. denied, Ahtna, Inc. v. Alaska, 495 U.S. 919 (1990); and Alaska v. United States, 201 F.3d 1154 (9th Cir. 2000). In those court decisions, the Daniel Ball standard for determining title navigability referred to in Resolution 2009 -062 was found satisfied by the streams' use in inflatable rafts, canoes and riverboats, which having a capacity for "commercial" loads of about 1,000 lb. According to other case law cited in those decisions, a stream's 105 Seward Gravel 4/19/10 Page 3 of 7 susceptibility to floating logs downstream also supports the stream's navigability for title purposes. That case law, and the longstanding principles on which it relies, including the federal Submerged Lands Act of 1953, also provide that the beds of all tidally - influenced waters, belong to the State. DNR has applied these criteria and principles for many years. d. Both the US Army Corps of Engineers and the Alaska Bureau of land Management have historically denied navigability on Seward area streams. If the Department of Natural Resources reaches a different final decision, please describe in detail the basis for this decision and its application for Seward areas streams. Navigability determinations on various waterbodies throughout the state issued by different agencies are generally for a different purpose and using different criteria. The State is also aware the BLM has previously made non - navigability determinations in the Seward area. These BLM navigability determinations were made by that agency solely in connection with calculating acreage related to State and Native corporation entitlements under the Statehood Act and the Alaska Native Claims Settlement Act. Ultimately, only a Federal Recordable Disclaimer of Interest or a court of competent jurisdiction can bring finality of title to water bodies. 2. Ordinary high water (OHW) of the streams in the Seward area is uncertain and ambiguous due to the constantly changing alluvial system. a. How would the state determine the OHW for this system? The Ordinary High Water Mark (OHWM) is determined based on various factors, and can be in a different location on the bank, depending on the purposes and criteria used. For example, as determined for regulatory boundaries vs for title purposes. A detailed discussion would be too lengthy to address here. However, the point to remember is that the boundaries of navigable water bodies are meandered - and thus moving boundaries. Thus, the title to the submerged lands moves with the meandering river and are defined by that ever changing riverbed. The entire area of an active alluvial system is generally considered river bed for title purposes. Defining the legal boundaries of some portions of the Seward streams are complex because of the affects of certain avulsive events, such as the extraction, berming, diking activities and possibly flooding. The State does not intend to survey the OHWM of these water bodies at this time. b. How is the state going to portray those boundaries? Seward Gravel 4/19/10 Page 4 of 7 Navigability determinations are generally portrayed in written form and just generalized maps. The first step is to determine navigability in fact, or susceptibility to navigation, according to aforementioned standards. Because we are evaluating the navigability status of what is officially known as Salmon Creek this summer, we are most interested in obtaining any historical maps and aerial pictures of the Seward area rivers at statehood as well as relevant newspaper articles to help us evaluate the history and location of the area rivers. You may have noticed that the state does not attempt to produce a map that shows every extent of ownership because rivers boundaries move over time, causing maps and surveys to rapidly be outdated and inaccurate. If found navigable, the boundaries of the river exist wherever there is an OHWM, including the outer OHWM of an alluvial fan. Examples can be seen on the Navigability website at http: / /dnr. alaska. qov /mlw /nav /. c. Please provide the boundaries of the areas encompassed by the decision document that the state will use to establish state ownership. Please refer to the answers above. 3. Does the state intend to apply the navigability standards used in Seward to the rest of the state? If so, has the state established a timeline for further application of those standards? The state uses the same federal case -law standard for all title navigability determinations throughout the state. The state has and continues to use navigability for title standards which have been established by the federal courts. These standards continue to evolve as legal precedents are made, and any future determination will follow current law. a. We understand that these navigability decisions could have private, borough -wide and state -wide implications. Can we expect more decisions from the state regarding this in the near future? The State continues to make navigability determination for title purposes throughout the State for lands under state jurisdiction. The state is also filing for Recordable Disclaimers of Interest from BLM to clear clouds of title on navigable waterbodies throughout the State. In certain instances, the state may or is currently pursuing quiet title actions in court to resolve ownership of submerged lands. A consistent criteria is and will continue to be the standard for any and all navigability determinations made by the state. 107 Seward Gravel 4/19/10 Page 5 of 7 b. As many properties in the Seward area were patented before statehood, how does the state plan to make whole the property owners affected by the state's recent decisions on navigability? Upon the date of purchase from Russia, the future State of Alaska was entitled to the bed of navigable waters. This reservation, based on the equal footing doctrine, was confirmed by Congress in the Railroad Right of Way Act of 1898. It was later affirmed by the Submerged Lands Act of 1953, the Alaska Statehood Act, the Alaska Native Claims Settlement Act (ANCSA), Alaska National Interest Land Conservation Act (ANILCA), and the Submerged Lands Act of 1988. Since federal patents can only transfer property interests of the federal government, not state submerged lands, the State of Alaska has always owned the beds of the navigable streams. Therefore, there is no taking of private property. While the State is sensitive to this issue, it was the federal government who had the responsibility to hold these lands in trust, and the responsibility to properly meander and document these boundaries. c. In claiming ownership of the underlying gravel by concluding that these streams are navigable, is the state preparing to assume responsibility for stream maintenance and for any damages caused to private property and local infrastructure by the state -owned gravel? The state does not assume any responsibility for naturally caused damages that involve state owned natural resources. Owners of land that build in a flood prone area take a risk of natural flooding events. 3. The unique aspects of Seward require that it be viewed differently than other areas of the borough and state. How can the fair market value of gravel be modified to show the unique differences between gravel removed because it has use as gravel, and the gravel removed from Seward area streams for emergency response or mitigation purposes? What other ways might be available to dispose of this dangerous material, which is a threat to health, safety, life, and property, without paying a fee which is based on the incorrect concept that it has any value whatsoever? Under existing statutes and regulations, there is not a provision to treat this gravel differently in cost because it is extracted in emergency response. The state has offered to issue an extraction permit and material sale contract to the borough that allows extraction without payment until it is put to beneficial use; in essence creating a delayed cost that could continue indefinitely. Statutory changes would be necessary to create a reduced cost waiver for emergency material removal. a. Please explain how the "fair market value" for gravel already removed from navigable Seward area streams was determined. This question applies to the various charges imposed on the borough, including $3.25 per cubic yard to $0.50 per cubic yard with no charge for the 108 Seward Gravel 4/19/10 Page 6 of 7 first 5,000 cubic feet, and any other charges imposed regarding the gravel removed for flood mitigation and response purposes. The state follows 11AAC 71.090 for material sale pricing. The Division of Mining, Land and Water reevaluated representative sale prices in 2008. Staff contacted various private operators to evaluate the cost of in situ materials. This evaluation produced a cost for private and commercial sales less than 25,000 cubic yards. Larger sales requires an appraisal. Material sales to federal, state, and municipal governments where the material is to be used on public projects are charged at a reduced value under AS 38.05.810. This is where the first 5,000 cubic yards are free and ,0.50 per cubic yard for the rest. b. The state has indicated that the gravel must remain in public use to qualify for the partial fee waiver. Please identify acceptable public uses in the Seward area; Would the state view gravel used to construct and support water diversion devises as subject to any fee? If the Kenai Peninsula Borough were to have certain public projects that they would like to use stockpiled materials for, DMLW will be willing to evaluate if the projects are considered public projects. Typical projects include roads, airports, and city water treatment sites. We should clarify that using the materials within the stream beds within the OHW is allowable without cost of materials if the borough obtains a permit. This could allow for water diversion devises within the river beds. The proposed material sale contract (ADL 230445) to the borough has been sent to public notice. This will provide the borough authority to extract material from the navigable areas of Salmon Creek. With appropriate cooperation of local property owners, flooding issues can be addressed at no additional material cost to the borough so long as the material remains in the creek bed or remains in place once moved on to borough or state land. Additional material costs will only be charged in the event that the material is put to beneficial use outside of the streambed. In addition DMLW will continue to work with the borough to craft potential language that could provide a statutory resolution to this long standing issue. We will continue to work cooperatively with the borough on these Seward issues. If you have further questions, please feel free to contact me at wyn.menefee@,alaska.gov or 269 -8501. Sincerely, v`- Wyn Menefee Chief of Operations • n 1 • • a Conclusion/Determination: Based on the information above the following navigability determinations have been made: Bear Creek - Non- navigable Box Canyon Creek - Non- navigable Fourth of July Creek - Navigable Glacier Creek - Non - navigable Godwin Creek - Non - navigable Grouse Creek - Non - navigable • Japp Creek - Non - navigable Lost Creek - Non - navigable Lowell Creek - Non - navigable Placer Creek - Non - navigable Resurrection River - Navigable Salmon Creek - Navigable Sawmill Creek - Navigable Scheffler Creek - Non- navigable Spruce Creek - Non- navigable Adam McCullough Natural Resource Specialist Department of Natural Resources Page 5 of 5 1 I 0 For purposes of making a navigability determination all tidal waters are considered navigable under the Submerged Lands Act 43 U.S.C.S. 1301(a)(2). Salmon Creek: Salmon Creek has its headwaters in Bear Lake Glacier melt and it runs approximately 7.6 mi to its confluence with Resurrection River. Blaine Bardarson stated on March 20, 2006 that Salmon Creek is often very shallow depending on the season and rainfall, but that it is floatable in most areas. Based on USGS maps and NHD data, Salmon Creek is shown to have significant width along most of its channel, in some places more than 400 ft. Based on the physical characteristics and Mr.. Bardarson comments, PAAD determines Salmon Creek to be navigable. Sawmill Creek: Sawmill Creek is fed by several glacial sources and runs 2.5 mi into Resurrection Bay at the mouth of Resurrection River. For purposes of making a navigability determination all tidal waters are considered navigable under the Submerged Lands Act 43 U.S.C.S. 1 301(a)(2). Scheffler Creek: Scheffler Creek runs 1.6 mi down Mt. Marathon into the Lagoon in the center of the city. i Because of its extreme gradient, Scheffler Creek is found to be non - navigable. Spruce Creek: Spruce Creek is a seasonal, non - anadromous creek that stems from a small glacial lake west of Bear Mountain. Kerry Martin stated on March 20, 2006 that Spruce Creek was non - navigable, and because of its extreme gradient PAAD agrees with this assessment. Page 4 of 5 ._1 Lost Creek before its confluence with Salmon Creek was determined to be Grouse Creek as stated in the flood plan proposal. Blaine Bardarson knows the location of Grouse Creek and stated on March 20, 2006 that the creek is non - navigable. Based on a lack of data for this creek, PAAD can find no evidence that Grouse Creek is a major waterway for commerce or trade, or that it is navigable in fact or susceptible of being navigable and concurs with Mr. Bardarson's negative assessment of navigability. Japp Creek: • Japp Creek is glacially fed and runs approximately 3 mi to its confluence with Resurrection River. Blaine Bardarson stated on March 20, 2006 that Japp Creek is incapable of being floated. PAAD agrees with Mr. Bardarson's assessment and can find no cartographic or documented evidence to suggest the contrary. Lost Creek: Lost Creek has its headwaters in Lost Lake and runs approximately 6.1 mi to its confluence with Salmon Creek. Blaine Bardarson stated on March 20, 2006 that Lost Creek is non - navigable. PAAD agrees with Mr. Bardarson's assessment and can find no cartographic or documented evidence to suggest the contrary. Lowell Creek: Lowell Creek is a non- anadromous creek running 3.2 mi through Lowell Canyon into an alluvial fan. Lowell Creek demonstrates an extreme gradient, in some areas averaging roughly 340 ft/mi. This gradient is far too steep to be floated and falls considerably beyond the 50 ft/mi standard used in determining navigability. Placer Creek: Placer Creek has its headwaters in the Kenai Fjords National Park where it is fed by glacial melt and runs 2.7 mi to its confluence with Resurrection River. Kerry Martin stated on March 20, 2006 that Placer Creek was non- navigable. PAAD agrees with Mr. Martin's assessment and can find no cartographic or documented evidence to suggest the contrary. Resurrection River: Resurrection River is a tidally influenced and braided glacial river that flows approximately twenty miles from its head waters near the Upper Russian River to tide water in Resurrection Bay north of Seward. Page 3 of 5 A P revious Department of Natural Resources study on to non-navigable. Scenl PAAD ofC Chugach 5 `vt National Forest dated June 24, 1997 finds Bear these previous determinations. Box Can Creek Box Canyon Creek is glacially fed and rams approximately 6.8 mi to its confluence with Resurrection River. Kerry Martin is a retired community de Box Canyon Creekis nonloper with over 2 PAAD agr ees with Seward area. He stated on -March 20, 2006 that Y eat the Mr. Martin's assessment and can find no cartographic or documented. evidence to sugg contrary. Fourth of July Creek: Fourth of July Creek is fed by glacial run off and runs approximately 1.14 mi into the east side of Resurrection Bay. The lower reaches of Fourth of July Creek are anadromous and tidally influenced. For purposes of making a navigability determination all tidal waters are considered navigable under the Submerged. Lands Act 43 U.S.C.S. 1301(a)(2). Glacier Creek: Glacier Creek does not appear on USGS 1:63K topographic maps nor was it included in the NHD dataset. Several aliases exist for this creek including Stony Creek. and Kwechak Creek. Blaine Bardarson of Bardy's Trail Rides is a licensed horseback riding guide in Seward and has a history of extensive use of the trails in the area of interest. He knows the location of Glacier Creek and also knows its Native alias Kwechak Creek: Mr. Bardarson stated on. March 20, 2006 that Glacier Creek is non - navigable and that one cannot float a boat on it. Based on a. lack of data for this creek, PAAD can find no evidence that Glacier Creek is a major waterway for commerce or trade, or that it is navigable in fact or susceptible of being navigable and concurs with Mr. Bardarson's negative assessment of navigability. Godwin Creek: Godwin Creek does not appear on USGS 1:63K topographic maps nor was it included in the NHD dataset. The location was confirmed by Blaine Bardarson as stemming from Godwin Glacier. Mr. Bardarson stated on March 20, 2006 that Godwin Creek is non - navigable because of its size and gradient. PAAD agrees with Mr. Bardarson's assessment and can find no cartographic or documented evidence to suggest the contrary. Grouse Creek: Grouse Creek does not appear on USGS 1:63K topographic maps nor was it included in the NHD dataset. Grouse Lake does appear on the maps, and the unnamed channel connecting the lake with Page 2 of 5 1 .t FRANK H. 89URKOWSK! GOVERNOR ' P UBLJC ACCESS ASSERTION B, DEPARTMENT OF NATURAL RESOURCES DEFENSE UNIT DIVISION OF MINING 550 W 7`"Ava., SuJte1330 LAND AND WATER Anchorage, AK 99501 -3514 PHONE: (907) 269 -8018 FAX: (9007) 289 -5043 STATE OF ALASKA NAVIGABILITY BETE BEAR CREEK, BOX CANYON CREEK, ATION CREEK, GODWIN CREEK, GROUSE CREEK, J OF KLOS GLACIER LOWELL CREEK, PLACER CREEK, RESURRECTION `� REEK, LOST CREEK, SAWMILL CREEK, SCHEFFLE REEK, PRU E�CREEKON CREEK, Date of Determination: March 20, 2006 Date of Request: February 13, 2006 Requested by: Jim McCraken, Chairman, Seward/Bear Creek Flood Service Area. Board Location: Seward Area Township 1 S Ranges 1W, 1 E Township IN Ranges 2W, 1W, 1E Township 2N Ranges 3W, 2W, 1W Township 3N Ranges 3W Quad: Seward A -6, A -7, A -8, B -7, B -8 HUC: 20202 Reason for Navigability Determination: The Seward / Bear Creek Service Board of the Kenai Peninsula Borough asked PAAD to determine the navigability of 15 rivers and streams in the Seward area for the implementation of a flood hazard plan. Evidence considered in making the determination: A Department of Natural Resources Memorandum dated April 12, 1995 makes an affirmative navigability determination for Resurrection River based on its tidal influence. The memo also includes details ofa hydrological team's field trip down Resurrection River starting upstream of the Exit Glacier Bridge on June 23, 1994. A Department of Natural Resources study on the Wild and Scenic Rivers of Chugach. National Forest dated June 24, 1997 contains a negative determination of navigability for Bear Creek. A BLM Navigability Report dated March 4, 1980 recommends that all waterbodies in T. IN R. 1E, T. IN R. 1W, T. 2N R. I W, T. IS R. 1W, T. IS R.1 E, with the exception of Bear Lake, be considered administratively non - navigable. These are only reports and not final decision documents. Two members of the Seward community were contacted to offer local expertise and input. Bea -- r k Bear Creek stems from Bear Lake and flows approximately 0.47 mi to its confluence with Salmon Creek. • Page 1 of 5 1 f � • Seward Gravel 4/19/10 Page 7 of 7 Attachment: March 20, 2006 Navigability Determination Cc: Dick Lefebvre. Deputy Commissioner - DNR Dick Mylius, Director DMLW - DNR Scott Ogan, PAAD DMLW - DNR Rick Thompson DMLW South Central Region Manager Willard Dunham, Mayor, City of Seward Phillip Oates, City Manager, City of Seward Bill Williamson, Chair, Seward -Bear Creek Flood Service Area Board 4 o - f � s 4 5 6 7;8 91Q 8 91Q11121314,' 11 I2'13'14 ;15 16 17 15 16 17 1819'20 1'" 18 19.20 21.22.23 24 22 23 24 25 26° 27 '28 , 2 Morfday . Tuesday . -; iWednesilay Thursday„ Fnd�y, . 4 July 4th Holiday (Offices Closer ' 7 App ;PP&Z Meeting 5127Q0_pt PACAB Meeting 11 , 1, 8 ;, . " • ...1'7 Q.Qp[Gty Council Meeting � tf ,., �� � .F. _„ , ' ':. �� : e19z. � a . _ .' P'� _�� � '. , a , > � s"... 2 � ?'`� � � � = a ��. ,�� �.,•`21z. ;qe.., � � . �,.. » `: �`�. k.t � >, �._ .t . - w . , .... x_ �.. -33 '","t`31pt%fP&Z Work Session " 22e " Qprri';PACAB Work 9K1;190_m Social Security Session Rep "` 30pnFHistoric Preservation Meeting . „i'E e ! 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