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Home My WebLink About07092007 City Council Packet The City of Seward, Alaska July 9, 2007 City Council Meeting 7:30 p.m.. , .'.. Council Chambers Vanta Shafer Mayor Term Expires 2007 1. CALL TO ORDER. 2. . PLEDGE OF ALLEGIANCE 3. ROLL CALL . . , 4. ' CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT , THOSE ITEMS SCHED'PLF;:D FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. .. Time is, limi!ed to 2 minutes per speaker and 30 minutes total timeforthis agenda item.) Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta .council Member Term Expires 2007 5; APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Term Expires 2007 Jean Bardarson Council Member Term Expires 2008 A.' Proclamations and Awards Linda Amberg Council Member Term Expires 2008 1. Alaska Flag Day July 9, 2007 proclamation and presentation by Friends of the Jesse Lee Home..... .Pg 4 2. National Parks & Recreation Month.............. .Pg 5 3. Top Mt. Marathon runners and volunteers appreciation proclamation...........................:................ ..Pg 7 4. Certificate of Appreciation for Shannon Huber, serving almost two years on the ltistoric Preservation Commission.............. ..'............................. ...Pg 8 B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Seward Port and Commerce Advisory Board Report F. Other Reports, Special Presentations Phillip Oates City Manager Jean Lewis City Clerk . Brad Meyen Cheryl Brooking City Attorney 1. Shellfish Hatchery Presentation by Jeff Hetrick. 2. Introduction of P.A.R.K.S. (Parents Advocating Recreational Kid's Stuff) by Crissy Shepard & Emanuel Williamson. City of Seward. Alaska July 9, 2007 Council Agenda Page 1 7. PUBLIC HEARINGS A. Ordinance Requiring a Public Hearing 1. Ordinance 2007-003, An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending The Land Use Plan And The Rezoning Of Lots 1-9 Block 8, Original Townsite Of Seward, From Auto Commercial (AC) To Central Business District (CBD)....................................................... ....Pg 9 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2003-004. Amending The Land Use Plan And Rezoning Of Lots 15, 16, 17, 18, 19,20,21, CPl, CP2, CGl, CG2, BCl, BC2, BDl, And BD2, Forest Acres, Afognak Addition; And Lots AZ, A Y, BA., AX, CH, CI, CJ, CO, And CN Forest Acres Subdivision From Institutional (INS) To Rural Reside~tial (RR) (24 Parcels); Tract A Forest Acres, Afognak Addition And Lots CM, CL, CK, A W, And A V From Institutional (INS) To Resource Management (RM) (6 Parcels).............. ...Pg 20 B. Resolutions 1. Resolution 2007-063. Authorizing The City Manager To Appropriate An Additional. $254,000 For The Site Re-Design Of The Long Term Care Facility And $330,000 For. On-Site Construction Management Services To Architects AlaSka's Contract Regarding The New LTCF Site On The Unsubdivided Remainder Of U.S.S 1864 Which Is West And Adjacent To The Seward Middle School. ............... ...Pg 30 *2. Resolution 2007-064. Accepting A Grant In The Amount Of $1,822.66 From The Alaska Highway Safety Office For 2007 Fourth Quarter ASTEP Seatbelt Enforcement Campaign And Appropriating Funds.. ......... ........ ......... ....Pg 41 *3. Resolution 2007-065. Accepting A Grant In The Amount Of $4,050.40 From The Alaska Highway Safety Office For 2007 Fourth Quarter ASTEP Driving Under The Influence (Dill) Enforcement Campaign And Appropriating Funds........... .Pg 43 *4. Resolution 2007-066, 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.....;........................................... ...Pg 45 *5. Resolution 2007-067, Authorizing A One-Year Contract For $449,472.00 With The . State Of Alaska, Department Of Corrections To Provide For operating The Seward Community Jail And Housing Prisoners Charged And/Or Sentenced Under Alaska Statutes......................................;......................................... .Pg 49 City of Seward, Alaska July 9, 20m Council Agenda Page 2 6. Resolution 2007-068. Adopting A Moratorium Of All Property Lease And Sales Of City Owned Land In The Nash Road Bench Area Until A Development Study Of The Area Is Completed And Reviewed By Council; The Moratorium Includes The Request By Brad Snowden To Purchase An Approximate Five (5) Acre Portion Of City Owned Property Which Has A Legal Description Of Tract HI Fourth Of July Creek Subdivision, Roberts RepIat..................................................... .Pg 63 C. Other New Business Items . *1. Approval Of The June 25, 2007 Regular City Council Meeting Minutes...Pg 72 2. Schedule A Work Session To Discuss The Generator Replacement And Public Works And Electric Shops the week beginning August 6, 2007. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Providence Seward Medical Center May 2007 Financial Statement.............. .Pg 80 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 July 9, 2007 Council Agenda Page 3 Agenda Statement Agenda Item: Phillip Oates, City Manager July is National Recreation & Parks Month Meeting Date: July 9, 2007 From: Karin Sturdy, Parks & Recreation Director Through: The National Recreation and Parks Association (NRP A) has accepted the responsibility of recognizing the creativity, time and effort which professionals and volunteers provide each day to serve community members. Parks and recreation events and programs have proven to help resolve some oftoday's most pressing social issues. NRP A is engaged is shining the spotlight on the benefits of parks and recreation through a national awareness campaign: "July is National Recreation & Parks Month." July is the month to recognize that the efforts which professionals contribute each day go beyond simple "fun and games." Today our work is as diverse as crisis counseling, computer training and skate park court construction or park design, with many unique tasks and programs in between. We appreciate this opportunity to sincerely thank our Seward Parks & Recreation Department team, community leaders and partners, volunteer coaches, business sponsors, and the many, many volunteers. We congratulate them on ajob well done and challenge them to keep up the good work. This July in Seward, community members and visitors can look for these events, programs, activities and parks to celebrate recreation and parks locally: Adult Coed Softball Leagues Pet Parade Soccer Play League TYC Summer Day Camps Adopt-A-Park Program Hike the Two Lakes Trail, bike the National Historic Iditarod Trail, volunteer in the cemetery, fish Resurrection Bay, feed the ducks at Benny Benson Memorial Park, enjoy the view from the Obihiro Gazebo, grind in the Skate Park, play some tennis or outdoor hoops, barbecue, fish at First Lake, climb Mt. Marathon, enjoy Seward... . ...And - on those rare rainy days - remember our indoor programs: Indoor Park, roller skating, Summer Day Camps, weight room, racquetball, sauna, basketball, volleyball and Resurrection Readers Book Group or volunteer on any number of historic preservation projects. Seward Parks & Recreation: Mountains of Recreation The future is fantastic! 06 tentetpiece fspectators . by ~II volunteers, nd city employees who wotk nnu~1 4th of July celebt~tions, is Sponsored by: PlanniDl! and Zonin!! Commission Introduction Date: June 25, 2007 Public Hearing Date: July 9, 2007 Enactment Date: July 9, 2007 ~ CITY OF SEWARD, ALASKA ORDINANCE 2007-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND THEREZONING OF LOTS 1-9 BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development a community library / museum and to establish. greater contiguity of CBD zoning on Block 8; and WHEREAS, the applicant submitted an application requesting Lots 1-6, Block 8, OTS be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the owners of the adjoining properties, Lots 7-9, Block 8, OTS, applied to be included in the rezone request; and WHEREAS, the current zoning designation of the properties is Auto Commercial (AC) and the Land Use Plan designation is Office Residential (OR); and WHEREAS, the official maps described in SCC 15.01.030 will have to be amended from Office Residential (OR) to Central Business District (CBD) in response to this zoning change; and WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD) and two of the lots to the south of the subject land on Sixth Avenue are also zoned Central Business District; and WHEREAS, the adjoining lot to the South on Sixth Avenue, the lots to the East across Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (AC); and WHEREAS, changing the zoning to Central Business is generally consistent with land use goals in both the Comprehensive and Strategic Plans; and 09 City of Seward Ordinance No. 2007-003 Page 2 of2 WHEREAS, at their May 15, 2007 and June 5, 2007 meetings, the Planning and Zoning Commission reviewed the applications, held public hearings and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Land Use Map of the City is hereby amended by changing the land use designation of Lots 1-9 Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD). (see attached map) Section 2. The official Zoning Map of the City is hereby amended by changing the zoning designation of the Lots 1-9 Block 8, Original Townsite of Seward from Auto Commercial (Ae) to Central Business (CB). (see attached map) Section 4. This ordinance shall take effect thirty (30) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 9th DAY OF JULY 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABST AlN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 1\) Council Agenda Statement Meeting Date: June 25, 2007 Through: Phillip Oates, City Manager ~K.V From: Donna Glenz, Planning Assistant Agenda Item: Amending the Land Use Plan and rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: 03 Attached for City Council review and adoption is Ordinance 2007~amending the Land Use Plan and Rezone of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) (see attached maps). In 2006, the City purchased six lots on the West side of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development of a community library/museum. These six (6) lots are currently zoned Auto Commercial (AC). The property owners of Lots 7-9, located to the south of Lots 1-6, requested to be included in the rezone application. These three (3) lots are also currently zoned Auto Commercial (AC). The current use on Lots 1-6, Block 8, OTS is a commercial building used as a second hand store on Lot I and an unoccupied single family home on lots 2-6. Lots 7-9 are developed with single family homes and with an established Bed and Breakfast business on Lots 7 & 8. The current zoning of the lots to the West are Central Business District (CBD) and the lots to North, South and East are Auto Commercial (Ae). The current uses on the lots to the West consist of the current Seward City Library, an apartment building and a single family home. The uses to the South are an established lodge and commercial use buildings. The uses to the East are an established Bed and Breakfast business and a single family home. The use to the North is an auto commercial garage and shop. Each of the nine (9) lots being considered for rezone is approximately 30 feet by 100 feet, each at approximately 3,000 square feet The total land area of the requested rezone is approximately 27,000 square feet, which is slightly less than 2/3 of an acre. The land area meets the minimum size required for a rezone request, as per see 15. OJ. 035, Amendments, (b) (3) "Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley right-of-ways." The area requested in this zoning change is contiguous to .~ 11 SEWARD, ALASKA RESOLUTION 2007-3 PAGE 2 OF 3 the Central Business Zoning District by the lots directly to the West. In order for the lots to be rezoned, the underlying Land Use Plan will also have to be amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area become zoned Office Residential (OR). see 15.0~i.025. Land use districts-Established, defmitioDs a) Established. The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory mailer thereon. as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. The current zoning of the area requested for rezone is Auto Commercial (AC) defined in SCC 915.05.025 (b) (8) as: Intended to provide areas to accommodate highway oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The requested zoning change of the area for rezone is Central Business District (CBD) defined in SCC 915.05.025 (b) (9) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and proftssional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type, which are mutually beneficial and located close enough together to encourage walk-in trade. No off-street parking or setbacks are required in the CBD. The Land Use Map, as adopted by the 2020 Comprehensive Plan. designates the area requested for rezone as Office Residential (OR) defined in SCC 915.05.025 (b) (6) as: Intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. .-- CONSISTENCY CHECKLIST: Where applicable, this Resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Recognizing the primary concern of all zoning actions is to promote public health, safety and general welfare (SCC 915.01.010), Community Development recommends this rezone for several reasons: 1. This rezone will allow for the maximum use of the property currently planned for the community library/museum. There are limitations involved with attempting to prioritize community needs and desires ,,-,, 12 SEWARD, ALASKA RESOLUTION 2007-3 PAGE 3 OF 3 2. with the land use needs for single family homes verses other activities. At this time the area has a very limited selection of land available for the community library/museum facility, whereas more options of land are available for single family homes. 3. Both the 2020 Comprehensive Plan and the 1999 Strategic Plan support the construction of a new library/museum facility of the community. 4. Changing tile zoning to Central Business is generally consistent with land use goals in both the Comprehensive and Strategic Plans. No objections or concerns were expressed from City staff other than providing information on the overhead electric lines running along the alley on the West property edge. A utility easement of ten (10) feet and fifteen (15) feet at the pole will be required at the time ofreplat. A public Planning and Zoning Work Session was held on April 17 ,2007 where several members of the public voice support for the rezone and the community library/museum project At the time of this review staff has received several public verbal comments and two written letters from neighboring.property owners, all in support of the rezone. Staff has received no objections to the rezone at the time of this review. As required by the Seward City Code ~ 15.0 1.040 (2), neighboring property owners within 300 feet of the area subject to review were notified of the proposed rezone and amendment to the Land Use Plan prior to the public hearings held by the Seward Planning and Zoning Commission on May 15 and June 5, 2007. The Commission unanimously approved Resolutions 2007-09 and 2007-11 recommending City Council approval of attached Ordinance 2oo7-xx, amending the Land Use Plan and Rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) FISCAL NOTE: Approved by Finance Department~ Io:\~ -o~ RECOMMENDATION: City Council approve Ordinance 2007- 3 , amending the Land Use Plan and Rezoning of Lots 1-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD). 13 Legend _ RurII_ 1"'::.1 SWIg" F.mIy_at __F...Iy_ __FomIy_ _lktlon_ . _0lIIce_ _ _ Cammon:IaI _"",,,Cam_ _ CenlnlIS_ 0II1rtCt _1- _1- _ Pal< _Ros<uco_ Rezone of Lot 1-9, Block 8 OTS Current Zoning Map o 87.5 175 Feet I I ~ N Dnown 8y: Ordinance 2007-XX DGlenz Sheet No. Alaska Map Company Checked by: Date: DGlenz CC Mtg 6-25-2007 ,," t',~ Lots 1-9, Block 8 . Original Townsite ~_v.h.b~"~ kLl~1.f': Rezone of Lots 1-9, Block 8, OTS Current Land Use Map CITY OF SEWARD PO Box 167 Se.ward AK, 99664 +~ .- 15 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND THE REZONING OF LOTS 1-6, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development a community library and museum; and WHEREAS, the current zoning designation of the property is Auto Commercial (AC) and the Land Use Plan designation is Office Residential (OR); and WHEREAS, the applicant submitted an application requesting Lots 1-6, Block 8, OTS be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD) and two of the lots to the south of the subject land on Sixth Avenue are also zoned Central Business District; and WHEREAS, the adjoining lots to the South on Sixth Avenue, the lots to the East across Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (AC); and WHEREAS, the Central Business District (CBD) was established to provide areas of convenient, concentrated commercial development primarily intended for retail, financial, entertainment and professional services, to encourage a compact group of businesses that encourage walk-in trade; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission on May IS, 2007. 16 Seward Planning and Zoning Resolution 2006-16 Page 2 -dJ.; ~ .'Ii , ;:'At ~ NOW, THEREFORE. BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section t. The Commission finds that the rezone request meets the criteria of the Land Use Code for consideration of a rezone and recommends that Ordinance 2oo7-xx be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15111 day of May, 2007. THE, CITY OF SEWARD, ALASKA /1 ~ ~C;f.~J.~ rianna Ken. Chair J AYES: NOES: ABSENT: ABSTAIN: Hobl, Clark, Roach', Hicks, Anderson, Smith, Keil None None None ATTEST: /) L" y{;~)O City CI ' \..~;ail'", .........\..J... OF GCJ~~'!'" (City Seal) ..,1> _"\; ..........' <f '. ..... .:- CJ',';:C~OR'.-", ',;,> ~ :' .,~u "~'. ,", -:. :: l~ -0- '6". ~ :; i s~ A \ ~ ... . . l~ .I.-~ T . .. ~ \ .:.:..JL ~ : C) :: '~ .. --- ::: " . . IlII '.'~ ..y~.. ,ro" ..' ~ .;. ,~...:....e-1 "I~..'" ~ ~ .. :..X.....l... ."~~~ ~". "." 0'" ^ \ ~;;; .... "''''''''... . r i-',..' ,'\' 1 r.. . -:. n,"'" :c .~ .~,.,"l' -~,':~ . '-,:';'-:' , '. 17 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2007-11 A RESOLUTION OF THE SEWARD PLANNING AND WNING COMMISSION OF THE CITY OF SEWARD,ALASKA,RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND THE REZONING OF LOTS 7-9, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, the owners of Lots 7 & 8, and the owner of Lot 9, Block 8, Original Townsite of Seward have applied to amend the Land Use Map and change the zoning from Auto Commercial to Central Business District; and WHEREAS, the current zoning designation of the property is Auto Commercial (AC) and the current Land Use Plan designation is Office Residential (OR); and WHEREAS, the applicants of Lots 7-9, Block 8, OTS submitted an application requesting to be included with the rezone application of Lots 1-6, Block 8 OTS, from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the Planning and Zoning Commission held a public hearing on May IS, 2007 and approved Resolution 2007-09 recommending Council approve a rezone of Lots 1-6, Block 8, OTS from Auto Commercial (AC) to Central Business District; and WHEREAS, the Central Business District (CBD) was established to provide areas of convenient, concentrated commercial development primarily intended for retail, financial, entertainment and professional services, to encourage a compact group of businesses that encourage walk-in trade; and . WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission on June S, 2007. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 18 Seward Planning and Zoning Resolution 2007-11 Page 2 Section 1. The Commission fmds that the rezone request meets the criteria of the Land Use Code for consideration of a rezone and requests staff include Lots 7-9, Block 8 Original Townsite of Seward in Ordinance 2007-xx to be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by theSeward Planning and Zoning Commission this 5th day ofJune,2007. THE CITY OF SEWARD, ALASKA Tom Smith, Vice Chair AYES: NOES: ABSENT: ABSTAIN: Anderson, Clark, Hicks, R-oach', Smith None Hohl, Keil None ATTEST: Jean Lewis, CMC City Clerk (City Seal) 19 Sponsored by: Oates Introduction Date: July 9, 2007 Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2007-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING OF LOTS 15, 16, 17, 18, 19,20, 21, CPl, CP2, CGl, CG2, BCl, BC2, BDl, AND BD2, FOREST ACRES, AFOGNAK ADDITION; AND LOTS AZ, AY, BA, AX, CH, CI, CJ, CO, AND CN FOREST ACRES SUBDIVISION FROM INSTITUTIONAL (INS) TO RURAL RESIDENTIAL (RR) (24 PARCELS); TRACT A, FOREST ACRES, AFOGNAK ADDITION AND LOTS CM, CL, CK, A W, AND A V FROM INSTITUTIONAL (INS) TO RESOURCE MANAGEMENT (RM) (6 PARCELS) WHEREAS, October 9, 2006 City Council Ordinance 2006-11 amended the Land Use Plan and rezoned the approximate 27.5 acre area then known as Forest Acres Tract A, Long Term Care Preliminary Replat from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) in preparation for the community's new Long Term Care Facility; and WHEREAS, this area is no longer the proposed development site of the Long Term Care Facility; and WHEREAS, the property owner has submitted a request that this area be returned to the previous Zoning and Land Use Plan designations; and WHEREAS, the current zoning designation of the properties is Institutional (INS) and the Land Use Plan designation is Institutional (INS); and WHEREAS, the official Zoning Map and Land Use Map described in SCC 15.01.030 will have to be amended from Institutional (INS) to Rural Residential (RR) and Resource Management (RM) in response to this zoning change; and WHEREAS, the amount of the land being rezoned is approximately 27.5 acres, subdivided into thirty (30) individual, undeveloped lots; and WHEREAS, the properties to the South and East are zoned Rural Residential, the properties to the West and North are zoned Resource Management; and WHEREAS, providing land for residential development is supported in both the Comprehensive and Strategic Plans and will be beneficial for the community at large; and 20 City of Seward Ordinance 2007-004 WHEREAS, as required by Title 15 of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet and in addition all local property owners who use the Forest Acres road network were notified of the proposed zoning and land use change, and the property was posted with public notice signs; and WHEREAS, at the June 19, 2007 meeting the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Land Use Map of the City is hereby amended by changing the land use designation of Lots 15, 16, 17, 18, 19,20,21, CPl, cn, CGl, CG2, BCl, BC2, BDl, and BD2, Forest Acres, Mognak Addition; and Lots AZ, AY, BA, AX, CH, CI, CJ, CO, and CN Forest Acres Subdivision from Institutional (INS) to Rural Residential (RR) (24 PARCELS); and Tract A, Forest Acres, Mognak Addition and Lots CM, CL, CK, A W, AND A V From Institutional (INS) To Resource Management (RM) (6 PARCELS). (see attached map) Section 2. The official Zoning Map of the City is hereby amended by changing the zoning designation of Lots 15, 16, 17, 18, 19,20,21, CP1, cn, CGl, CG2, BC1, BC2, BDl, and BD2, Forest Acres, Mognak Addition; and Lots AZ, A Y, BA, AX, CH, CI, CJ, CO, and CN Forest Acres Subdivision from Institutional (INS) to Rural Residential (RR) (24 PARCELS); and Tract A, Forest Acres, Mognak Addition and Lots CM, CL, CK, A W, AND A V From Institutional (INS) To Resource Management (RM) (6 PARCELS). (see attached map) Section 4. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this _ day of July 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor 21 Council Agenda Statement From: July 9, 2007 Phillip Oates, City Manager~ Donna Glenz, Planning Assistant ~ o'fSE"&,; ~"t'll ...,,~o ... "~, '. 'I " "1~",',<c. " '~\=.>.. ~i"" "{AS"'''' Meeting Date: Through: Agenda Item: Amending the Land Use Plan and rezone 27.5 acres in the North Forest Acres area from Institutional (INS) to Rural Residential (RR) and Resource Management (RM) BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Ordinance 2007-XX amending the Land Use Plan and rezone Lots 15, 16, 17, 18, 19,20,21, CP1, cn, COl, CG2, BC1, BC2, BDl, and BD2, Forest Acres, Afognak Addition; and Lots AZ, AY, BA, AX, CH, CI, CJ, CO, and CN Forest Acres Subdivision from Institutional (INS) to Rural Residential (RR) (24 parcels); and Tract A, Forest Acres, Afognak Addition and Lots CM, CL, CK, A W, and A V From Institutional (INS) To Resource Management (RM) (6 parcels). (see attached maps). On October 9, 2006 by Ordinance 2006-11 the Seward City Council amended the Land Use Plan and rezoned the approximate 27.5 acre area then knOWD as Forest Acres Tract A, Long Term Care Preliminary Replat from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) in preparation for the community's new Long Term Care Facility (Facility). This area is no longer being considered as a development site for the Facility and therefore the property OWDer bas requested the Zoning and Land Use Plan be returned to the previous designations. The area requested for rezone contains approximately 27.5 acres and is subdivided into thirty (30) individual lots. Rural Residential zoning borders this area to the South and East while the area is boarder to the West and North by Resource Management zoning. Rural Residential areas to the South and East are designed for larger lots and single-family homes. Resource Management areas to the North and West are generally large undeveloped areas with no public services or utilities. The Seward City Code ~15.05.025 defines: Rural residential district (RR) Intended to provide for stable. quiet, low density (one or two dwelling units per acre) detached single-family residential development. free from other uses except those which are both compatible and convenient to residents of such a district including recreational. religious and educational facilities of an appropriate scale and design complementary to the neighborhood character. Resource management district (RM) Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; 22 the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration. Recognizing the primary concern of all land use regulatory actions including zoning, is to promote public health, safety, and general welfare, as per SCC 15.01.010, Community Development and the Planning and Zoning Commission recommends this rezone for several reasons: 1. This rezone will return twenty four (24) individual lots to Rural Residential zoning which will encourage low-density development in a quiet rural setting, a development option which is limited in City limits. 2. Rural Residential zoning requires a minimum lot size of 20,000 sq. ft. For point of reference, an acre has 43,560 sq. ft. 3. The opportunity to have livestock, particularly horses, is an attractive option for people and has initiated rezones to Rural Residential over the years in Forest Acres Subdivision. The Code has restrictions on livestock which prevent them from becoming a nuisance to neighboring property owners. 4. The 2020 Comprehensive Plan and the 1999 Strategic Plan encourage development of new housing in Seward. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. As required by the Seward City Code ~15.01.040 (2), neighboring property owners within 300 feet of the area and in addition allloca1 property OWDers who use the Forest Acres road network were notified of the proposed rezone and Land Use Map amendment, in order to provide more opportunity for public involvement, and the property was posted with public notice signs prior to the public hearing held by the Planning and Zoning Commission on June 19, 2007. The Commission unanimously approved Resolution 2007-13 recommending City Council approval of attached Ordinance 2oo7-xx., amending the Land Use Plan and Rezoning of 27.5 acres in the North Forest Acres area from Institutional (INS) to Rural Residential (RR) and Resource Management (RM). FISCAL NOTE: Approved by Finance Department: ~ ~ RECOMMENDATION: 04- City Council approve Ordinance 2007-**, Amending the Land Use Plan and Rezoning from Institutional (INS) to Rural Residential (RR) and Resource Management (RM) approximate 27.5 acres of the north Forest Acres area. (as depicted on the attached maps) 23 North Forest Acres .. Current Zoning & Land Use Map . o 125 250 Feet I I Sheet No. Alaska Map Company - \,. 24 City Council Ordinance 2007-XX Dr8wn By: DGlenz CMck8d by: DGlenz Dele: City Council meeting July 9, 2007 North Forest Acres Zoning & Land Use Map Amendment - _No. A..... Map Company o I 145 , 290FIIIII I 25 City Council Ordinance 2007-XX Ilr8wn By: DGlenz Checked by: DGlenz tint: City Council meeting, July 09, 2007 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-13 A RESOLUTION OF THE SEWARD PLANNING AND WNING COMMISSION OF TIlE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING TIlE LAND USE PLAN AND REWNING OF LOTS 15, 16,17,18,19,20,21, CP1, CP2, CG1, CG2, BC1, BC2, BD1, AND BD2, FOREST ACRES, AFOGNAK ADDmON; AND WTS AZ, AV, BA, AX, CR, CI, CJ, CO, AND CN FOREST ACRES SUBDIVISION FROM INSTITUTIONAL (INS) TO RURAL RESIDENTIAL (RR) (24 PARCELS); TRACT A, FOREST ACRES, AFOGNAK ADDITION AND LOTS CM, CL, CK, A W, AND A V FROM INSTITUTIONAL (INS) TO RESOURCE MANAGEMENT (RM) (6 PARCELS) WHEREAS, October 9, 2006 City Council Ordinance 2006-11 amended the Land Use Plan and rezoned the approximate 27.5 acre area then known as Forest Acres Tract A, Long Term. Care Replat from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) in preparation for the community's new Long Term Care facility; and WHEREAS, this area is no longer the proposed development site of the Long Term Care facility; and WHEREAS, the property owner has submitted a request that this area be returned to the previous zoning and Land Use Plan designations; and WHEREAS, as required by Title 15 of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet and in addition all local property owners who use the Forest Acres road network were notified of the proposed zoning and land use change, and the property was posted with public notice signs. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 26 Seward Planning and Zoning Resolution No. 2007-13 Page 2 Section 1. The Commission recommends Ordinance 2007-xx be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19111 day of June 2007. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: Nq~~: Aij~J:I~ M~rrnt~l VACANT: Chlfj, RQlWh', Hicks, Keil NQl~lil " ~d9fliigH, !il~tP- JI{~"f;; One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 27 ... Sponsored by: PlaDDIDI! aDd ZoalDI! Commission Introduction Date: 9115/06 Public Bearing Date: October 10, 2006 Enactment Date: October 10, 2006 CITY OF SEWARD, ALASKA ORDINANCE 2006-011 AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING OF FOREST ACRES TRACT A, SEWARD LONG TERM CARE FACILITY SUBDIVISION (pRELIMINARY PLAT) WHEREAS, the City of Seward has requested a rezone of Forest Acres Tract A, Seward Long Term Care Facility Subdivision (PreliminaJy Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS); and WHEREAS, the single parcel known as Tract A, Seward Long Tenn Care Facility Subdivision (Preliminary Plat) is proposed to provide land for the development of the community Long Tenn Care (LTC) facility and other hea1thcare expansion opportunities; and iI... WHEREAS, the size of the land being rezoned is approximately 27.5 acres; and WHEREAS, the properties to the South and East are zoned Rural Residential, the properties to the West and North are zoned Resource Management; and WHEREAS, providing land for the development of the community health care needs is supported in both the Comprehensive and Strategic Plans 6Jld will be beneficial for the community at large; and WHEREAS, the official Zoning Map and Land Use Map described in SCC 15.01.030 will have to be amended from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) in response to this zoning and land use map change; and WHEREAS, as required by Title IS of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet and in addition all local property owners who use the Forest Acres road network were notified of the proposed zoning and land use change, and the property was posted with public notice signs; and ... WHEREAS, at the September 5, 2006 meeting, the Planning and Zoning Commission, held the public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. 28 City of Seward. Alaska Ordinance 2006-011 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: J Section 1. Changing the land use designation of the Forest Acres, Tract A, Seward Long Term Care Facility (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) hereby amends the official Land Use map of the City. (as displayed in attached preliminary replat) Section 2. Changing the zoning designation of the Forest Acres, Tract A, Seward Long Term Care Facility (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) hereby amends the official Zoning map of the City. (as displayed in attached preliminary replat) Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of October, 2006. THE CITY OF SEWARD, ALASKA --(~ p+- J Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: Dunham, Valdatta, Lorenz, Schafer, Bardarson, Thomas, Shafer None None None ArrEST: "","",,, (City Seal) ~"","4. OF S~/~~"#. ~,~ ......... ...~~..#. ~ .... p.. ~pod~. ~ ~ ,,- ~..,.:... ~ ~ ... l~ '~~'.v ~ ~. ........ u . ~ :: · \: SEAL 1 0 s -.... I = ~ .'YG-. /! ~ ...1\re-1 '\9''!:'. ~ .. . i)-It......&......0~..i'~ OF A\..~ \..~ ,..,,,,,, I I J 29 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPROPRIATE AN ADDITIONAL $254,000 FOR THE SITE RE-DESIGN OF THE LONG TERM CARE FACILITY AND $330,000 FOR ON-SITE CONSTRUCTION MANAGEMENT SERVICES TO ARCHITECTS ALASKA'S CONTRACT REGARDING THE NEW LTCF SITE ON THE UNSUBDIVIDED REMAINDER OF U.S.S 1864 WHICH IS WEST AND ADJACENT TO THE SEWARD MIDDLE SCHOOL WHEREAS, on July 13, 2005 Council approved Resolution 2005-65 authorizing the use of Lots llA and 12A of the Fort Raymond Subdivision #1 as the site for the new Long Term Care Facility (LTCF); and WHEREAS, on November 28, 2005 Council approved Resolution 2005-131 appropriating $1.2 million for design work and entering the city into a contract with Architects Alaska to conduct the LTCF design; and WHEREAS, as a result of numerous studies, it was determined that the LTCF would be better suited elsewhere due to the high cost involved to off-set deficient natural soil characteristics as well as overcoming the cost of elevating the site above the floodplain; and WHEREAS, Council approved Resolution 2006-71 authorizing the City Manager to proceed with the acquisition ofland in Forest Acres Subdivision for the new site of the future LTCF; and WHEREAS, Council approved Resolution 2006-77 updating Architects Alaska's design contract to continue their site study and L TCF design efforts on the new North Forest Acres site; and WHEREAS, in October 2006, flooding significantly damaged the J app Creek levy adjacent to the new LTCF site; making building the LTCF on the Forest Acres site problematic, Council decided to move forward with acquiring a new site for the LTCF; and WHEREAS, on June 25, 2007, through Resolution 2007- 60 Council started the process of purchasing ~9.11 acres of the unsubdivided remainder ofU.S.S 1864 which is west and adjacent to the Seward Middle School; and WHEREAS, with the change in location of our new LTCF it will be necessary for all services to include geotechnical work, surveying and site design, City of Seward Planning and Zoning Commission Conditional Use Permit Process, re-platting through the Kenai Peninsula Borough and detailed on-site construction management services; and WHEREAS, staff is requesting City Council appropriate an additional $584,000 to 30 CITY OF SEWARD, ALASKA RESOLUTION 2007-063 Architects Alaska's contract for the site re-design of the LTCF and for on-site construction management services regarding the new L TCF site west and adj acent to the Seward. Middle School; and WHEREAS, per the original contract with" ~chitects Alaska the City has the right to terminate the contract without penalties at anytime;',the City will exercise this right if the land acquisition of the Unsubdivided remainder ofU.S.S 1864 does not take place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: ' ,,' Section 1. The City Council of the City of Seward, Alaska hereby approves the appropriation of an additional $254,000 for the site re-design ofthe LTCF and $330,000 for on-site construction management services to Architects Alaska's contractregarding thenew LTCF site located on the Unsubdivided Remainder ofU.S.S 1864 which is west and adjacent to the Seward Middle School. Section 2. Funds in the amount of$584,000arehereby appropriated from the proceeds of future revenue bonds to the contracted services account no. ~70-6700-5390. Section 3. This resolution shall take affect i#unediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of July, 2007. THE CITY OF SEWARD, ALASKA , Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 31 Council Agenda Statement Meeting Date: July 9, 2007 Through: Phillip Oates, City Manager~ Tom Shepard, Project Manager From: Agenda Item: City Council appropriate an additional $254,000 for the site re-design of the Long Term Care Facility (LTCF) and $330,000 for on-site construction management services to Architects Alaska's contract regarding the new L TCF site located on the Unsubdivided Remainder of U.S.S 1864 which is west and adjacent to the Seward Middle School. BACKGROUND & JUSTIFICATION In early 200S, the City of Seward began considering potential sites for a new LongTerm Care Facility (LTCF) in Seward. On July 13, 200S, the City Council approved Resolution 2005-65, authorizing the use of Lots llA and 12A of the Fort Raymond Subdivision #1 as the site for the new LTCF. On November 28, 200S, the City Council approved resolution 2005-131 establishlng a contract with Architects Alaska as the L TCF design firm. The design for the project officially began on December 5, 2005. Detailed site analysis was conducted and included two extensive geotechnical analyses, wetlands studies, a phase 1 environmental assessment, flood hazard analysis and site and facility design. As a result of the studies, it was determined that the L TCF would be better suited elsewhere due to the high cost involved to off-set deficient natural soil characteristics as well as overcoming the cost of elevating the site above the floodplain. On March 31,2006, Afognak Construction & Excavating, Inc. offered approximately 27.5 acres for sale to the City in and near Forest Acres. Architects Alaska's design contract was upgraded through Resolution 2006-77 to continue their site study and L TCF design efforts on the new North Forest Acres site. In October 2006, flooding significantly damaged the Japp Creek levy adjacent to the new L TCF site. As a result of the flood, building the LTCF on the Forest Acres site became problematic. The City Council decided to go forward and acquire a new site for the L TCF. On June 25, 2007, through Resolution 2007- 60 Council started the process of purchasing -9.11 acres of the unsubdivided remainder ofU.S.S. 1864 which is west and adjacent to the Seward Middle School. Although the facility design of the five L TCF structures is complete, the gotechnical work, surveying and site design must be re-worked for the new site. Architects Alaska's work will also include the Conditional Use Permit process and any re-platting efforts through the planning and zoning process, including any Kenai Peninsula Borough approvals. 32 RESOLUTION 2007- 01"" PAGE 2 of2 Also included in this resolution is for Architects Alaska to provide the detailed on-site construction management services required for a project of this magnitude. This service entails procurement, construction over-site, general inspections, scheduling, construction lldministration and other similar tasks. The construction manager will be on-site for the duration of the project, (18 months), ensuring that the City's best interests are met. The fee for construction management services is $330,000, all per diem expenses included. Staff is requesting City Council to appropriate an additional $584,000 to Architects Alaska's contract for the site re-design and for on-site construction management services regarding the . new LTC site west and adjacent to the Seward Middle School. This will bring Architects Alaska's total contract price to $1,876,200. Note: Per the original contract the City has the right to terminate the contract without penalties at anytime. The City will exercise this right if the land acquisition of the Unsubdivided remainder of U.S.S. 1864 does not take place. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE Funding for this cost will be paid from bond proceeds to be issued for construction of the L TCF and construction management costs were anticipated within the scope of the overall project budget. Approved by Finance: J/Mc~A-I"~ RECOMMENDATION City Council appropriate an additional $254,000 for the site re-design of the Long Term Care Facility and $330,000 for on-site construction management services to Architects Alaska's contract regarding the new LTC site located on the Unsubdivided Remainder ofU.S.S 1864 which is west and adjacent to the Seward Middle School. 33 June 26, 2007 Architects Alaska@ An Alaskan Corpotlltlon ArchltectuRl Facility Planning Interior AlChileclul'l/ City of Seward City Clerk Office POBox 167 Seward, Alaska 99664 Subject: Seward Long Term Care Facility Attention: Mr. Tom Shepard Project Coordinator Dear Tom: As requested we have prepared a fee proposal to conduct Geo-technical services and the necessaiy design services for the new site being considered for the Seward Long Term Care Facility. The following is a brief scope of services and associated fee. SCOPE OF SERVICES The new site being considered for the facility is a site roughly described as 8 acres directly west of the current Seward Middle School property. Off-Site Goo-technical InvestigatiOll: Perform a geo-technical investigation to provide recommendations for design of planned City of Seward roadway upgrades. The upgrades will serve as infrastructure for the planned Long Term Care Facility (LTCF) and other future development in the area. The project will extend Hemlock Street, west from Cedar Street to Oak Street, turning south, at the Oak Street intersection, through the utility easement to the proposed LTCF site. The geo-technical program is limited to the portion of the proposed Hemlock Street improvements (approximately 770 feet) from Cedar Street to Oak Street We propose to drill and log three borings to a depth of 15' in the roadway right of way. Each boring will be sampled at 5-foot intervals, with laboratory tests for soil properties being conducted on selected samples. A geo-technical report will be prepared showing test boring logs, and providing recommendations for design of the street structural section. The fee is based on performing the fieldwork under a separate mobilization from the on-site geo-technical investigation. We assume the test boring will be staked by CRW Engineering Group, prior to drilling, to accurately locate the boring and establish the ground elevation. We will coordinate with the City of Seward to obtain utility locates prior to drilling. We will issue a surnmaiy letter of findings that presents our preliminary geo-technical investigation recommendation within seven days after the fieldwork is completed. A formal report will be provided within 2 weeks after the laboratory tests are completed. On-Sit e Geo-technical Investigation: The final investigation will be used for design of the facilities and will consist of 4 borings to 30 feet and 4 borings to 15 feet. The fieldwork for the final investigation can begin within one to two weeks after the facility footprint and location has been identified. A geo-technical report will be provided including recommendations for foundation and pavement designs. The report will be submitted within three to four weeks after the final fieldwork and laboratory testing is complete. 900 W. 5th AlIllnue. Suite 4Q3 Anchorage, AIMka 99501-2029 (907) 272-3567 FAX (907) 277-1732 34 191 E. SWlIn5O/l Avenue Wasill8. Alaska 99654-7025 (907) 373-7503 FAX (907) 376-3166 Seward Long Tenn Care Facility Change Order Proposal Letter June 26, 2007 Page 2 Re-PlatlOn-Site Survey: Sentec will provide surveying services to replat the property. The scope of work includes preparing a preliminary subdivision plat, obtaining the City of Seward Planning and Zoning approval, Kenai Peninsula Borough Planning Commission approval, field surveying required to establish the new property comers, and preparation/recordation of the final subdivision plat. The platting services include attending public meetings required to gain approval of the replat - one meeting for obtaining City of Seward approval, and one meeting for obtaining Kenai Peninsula Borough approval. The fee is exclusive of state filing fees, certificate of plat preparation and KPB plat submittal fees. At this time the number of final Tracts bas not been established. We have assumed the various lots/parcels will be combined into three new tracts, one for the LTCF, one for the Seward Middle School and remaining undeveloped parcels. Planning and Zoning ApplicationIHearing: The design team will provide engineering support services to obtain City of Seward Planning and Zoning Commission approval of the L TCF design. The design team will assist in preparation of the application documentation and will attend public meetings (assume I required) to gain approval of the project through the City of Seward review process. The City of Seward Planning Department will be responsible for presenting the project to the Conunission and will take the lead role in gaining approvals. We will provide assistance related to the civil engineering aspects of the project. Conditional Use AppllcationIHearing: Architects Alaska will assist the City of Seward in presenting the proposed site development to the P&Z Commission for the Conditional Use Permit (CUP). The scope of services shall include providing documentation of the site development and attend a preliminary P&Z work session and a public bearing (2 separate meetings). All permit fees required shall be paid by the City of Seward New Off-8ite Street Design: Provide design services for the new planned City of Seward roadway upgrades. The upgrades will serve as infrastructure for the planned Long Term Care Facility (LTCF) and other future development in the area. The project will extend Hemlock Street, west from Cedar Street to Oak Street, twning south, at the Oak Street intersection, through the utility easement to the proposed LTCF site. The design shall consist of regarding and leveling course of a new road base (to be designed by CRW Engineering) and the design of new asphalt topping. New Site Adaptation Design: General: The scope of services shall include the efforts required for the new site design and slight modifications to the commons building and Green House design. It is anticipated that the current design for the Commons Building and Green Houses can be utilized mostly in their entirety for the new site configuration. The scope includes design efforts through 100"10 design completion. Conceot Desil[ll: The design team will assist in evaluating vehicular,pedestrian and utility access to the site for the use of the Seward Long Term Care Facility. The design team will conduct a design charette to explore and develop multiple site concept ideas. The appropriate Site Concepts will be presented to the Seward LTC Steering Committee for consideration. The selected concept will be further developed and presented to the Seward City Council upon request. Incorporating comments from the City Council Members a final Site Concept will be developed. which will be the basis of the Site Development Design Documents. Civil Desim: EEl will provide civil engineering design services for the Long Term Care Facility. Civil design to include access drives and paved parking, sidewalks, fencing, site signage, grading and drainage, and on-site wet (water, sewer, and stonn) utility services. All off-site infrastructure (gravel road base, water, sewer and stonn systems) will be designed by others. Permitting required for site drainage and water and sewer x:\OS044.0IldoclOl owner-meeting notes\change order letter-22r.doc '"' '- 35 Seward Long Term Care Facility Change Order Proposal Letter June 26, 2007 Page 3 services will be required from the City of Seward. Design oflandscaping and dry utilities wil\ be by others (location of dry utilities will be shown on civil). Mechanical Desilm: Revise water service pressure and flow data, redesign storm drainage outfall and redesign snowmelt system layout and heating requirements. It is anticipated that adequate water pressure will be provide at the LTC site and fire suppression water booster pumps will not be required. Electrical Desil!ll: Redesign site lighting and redesign power and telecom distribution system for the new site. This may require new on site transformers for adequate power distribution. Architectural Landscaoe Desil!ll: Redesign the site layout and landscape design at roads and walks. It is anticipated that re.design of the Green House patios and adjacent vicinity is not required Cost Estimatinl!:: Provide 35% and 95% design cost estimates of site development and utility cost required for new site layout. Desil!ll Review Meetinl!:S: The design team will present the concept design to the Seward LTC Steering Committee/Community and City of Seward Council (in Seward) as indicated above. It is anticipated that the 35% design and 95% design review meeting will take place in Anchorage. FEE PROPOSAL: Off.Site Goo.technical Investigation: On.Site Gee-technical Investigation: Re.PlatlOn-Site Survey: Planning and Zoning Application/Hearing: Conditional Use Application/Hearing: New Off-Site Street Design: Site Adaptation Design: . Concept Design: . 35% Design: . Final Design: $ 12,000 $ 23,500 $ 9,200 $ 2,400 $ 5,400 $ 15,500 $ 44,000 $ 48,000 $ 94.000 Total Site Adaptation Design Fee: S 254,000 If you have any questions, please contact me. Sincerely; Mark A. Kneedler, AIA President x:\OS044.OI\doc101 owner-meeting 1lO1eS\change order 1_-22r.doc - '- 36 Architects Alaska@ An AllISkan Corpol'/ltlon Architecture FacHtty Planning Interior Arch/tectU~ June 26, 2007 City of Seward City Clerk Office PO Box 167 Seward, Alaska 99664 Subject: Seward Long Term Care Facility Attention: Mr. Tom Shepard Project Coordinator Dear Tom: As requested we have prepared a fee proposal to conduct the necessary Professional Construction Observation Service and On-Site Representative Services for the new Seward Long Term Care Facility. The following is a brief scope of services and associated fee. SCOPE OF SERVICES Professional Services shall consist of2 separate categories. Professional Construction Observation Services and On-Site Representation Services as follows; Professional Construction Observation Services: . Site observation trips to the project site shall be conducted by the professional Architectural and Engineering Team. (30 - I day trips are anticipated) . Commissioning of Mechanical and Electrical Building Systems. (2-day trip for MIE Engineers). . Anticipated durations of Construction (18 months beginning in spring of2oo8) On-site Representation Services: General Duties and Responsibilities . Project Representative shall be stationed at the site throughout the duration of the Construction. It is anticipated that the construction will begin spring of2008 and be completed by fall of2009 (approximately 18 months). The Representative shall be responsible in assisting the City of Seward in the administration of the construction contract . Perform on-site observations of the progress and quality of work. . Monitor the Contractor's construction schedule . Receive and respond to Contractor's request for information . Receive and review request for change by the Contractor. . Attend on-site construction meetings . Observe on-site test performed by contractor and special inspection firm. . Maintain construction related records at the construction site. . Maintain a logbook of activities at the site. . Assist in review of Shop Drawing, Product Data and Samples . Review the Contractor's record copy of Drawing, Specifications, Addenda, Change Orders and other Modifications at appropriate intervals. . Review Application for Payment . Review and verify Substantial Completion punch list items to be completed or corrected by the contractor. 900 W. 5th AWtnue, Sutte 403 Anchorage, Alaska 99501-2029 (907) 272-3567 FAX (907) 277-1732 191 E. Swanson Avenue Wasilla, Alaska 99654-7025 (907) 373-7503 FAX (907) 37~11J1J 37 Seward Long Tenn Care Facility Change Order Proposal Letter June 26, 2007 Page 2 Genera] Provision: . Project Site office shall be provided by the Contractor for the use of the Project Representative during the construction duration. . Office supplies, long distance phone charges, special delivery charges and associated expenses are included in the fee proposal cost. FEE PROPOSAL: Professional Construction Admlnistntion Services: On-Site Representative Services: Total Fee: $ 70,000 $ 260.000 $ 330,000 If you have any questions, please contact me. Sincerely; Mark A. Kneed]er, AlA President x:\05044.0I\doc101 owner-meeting notes\change order letter-23r.doc 38 Change Order #: 023r Change Order Date: June 27,2007 Agreement Date: Nov. 29 2005 Resolution #: 2005-131 CITY OF SEWARD CHANGE ORDER FORM Project Name: Seward Lona Term Care Facilitv Owner: Citv of Seward Contractor: Architects Alaska Inc. The following changes are hereby made to the contract documents: Conduct Professional Construction Observation Services and orovide On-Site Reoresentation Services as Der SCODe of Service and Fee Prooosal Letter dated June 26.2007 Justification: Contract No.: C05-131 Original Contract Price: Change to the contract price: $ $ $ 975.500.00 330.000.00 1.546.200.00 Current Contract price: (adjusted by previous change order) New Contract PRICE due to change order: $ 1.876.200.00 N/A calendar days. Contract TIME will be Dincreased or Ddecreased by Note: if change order brings total contract amount above amount approved by council resolution, it must be brought before council for approval. The date for completion of all work will be Sect 15. 2009 (Date) Accepted by: Name: Mark A. Kneedler Title: President Date: June 27. 2007 Firm/Contractor Name: Architects Alaska Inc. ~~ Firm/Contractor Signature Authorized by: Project Manager Date City Manager Date Exhibit D 39 Change Order #: 022r Change Order Date: June 26, 2007 Agreement Date: Nov. 29. 2005 Resolution#: 2005-131 CITY OF SEWARD CHANGE ORDER FORM Contract No.: C05-131 Project Name: Seward Lona Term Care Facilitv Owner: Citv of Seward Contractor: Architects Alaska Inc. The following changes are hereby made to the contract documents: Conduct Gee-technical services and the necessary desian services to locate the LTC facilitv on a new site as addressed in the Scoce of Services and Fee Procosal Letter dated June 26. 2007 Justification: Original Contract Price: $ Change to the contract price: $ Current Contract price: $ (adjusted by previous change order) New Contract PRICE due to change order: $ Contract :rJM& will be Dincreased or Ddecreased by 975.500.00 254.000.00 1.292.200.00 1.546.200.00 N/A calendar days. Note: if change order brings total contract amount above amount approved by council resolution, it must be brought before council for approval. The date for completion of all work will be Nov 15. 2007 (Date) Accepted by: Name: Mark A. Kneedler Title: President Firm/Contractor Name: Architects Alaska Inc. Date: June 26. 2007 ~~ Firm/Contractor Signature Authorized by: Project Manager Date Exhibit D 40 Date City Manager Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $1,822.66 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR 2007 FOURTH QUARTER ASTEP SEATBELT ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office inthe amount of$I,822.66; and WHEREAS, the City is not required to provide any cash or in-kind match; and WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department for the enforcement of seatbelt violations during July, August and September 2007; and WHEREAS, these funds are essential to the Seward Police Department's ability to enforce seatbelt violations. 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 accept the 2007 ASTEP Seatbelt Enforcement, Alaska Highway Safety Office and enter into a grant agreement in substantial form as attached in the amount of$I,822.66 and enter into a grant agreement. Section 2. Funding in the amount of$I,822.66 is hereby accepted to grant revenue account no. 101-0000-4680-0200 and appropriated to the Police Department's overtime account, no. 101- 1210-5020. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of July, 2007. 41 Council Agenda Statement From: Phillip Oates, City Manager ~ Tom Clemons, Chief of Police Meeting Date: July 9,2007 To: Agenda Item: Alaska Highway Safety Grant (ASTEP SEA TBEL T Fourth Quarter Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office, ARSO, has requested that the City of Seward continue to participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, Seatbelt Overtime Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and assigned weekends, the Seward Police Department will conduct high-visibility Seatbelt enforcement patrols. ARSO has awarded a grant in the amount of $1,822.66 for July, August and September 2007. This program is a 100010 grant funded project with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is intended to reduce deaths and injuries by increasing compliance with Alaska's primary seat belt law. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: ~ ..ItAf~ RECOMMENDATION: City Council approve Resolution 2007 -~, accepting a grant from the Alaska Highway Safety Office in the amount of$1,822.66 and appropriating funds. 42 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $4,050.40 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR 2007 FOURTH QUARTER ASTEP DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office in the amount of $4,050.40; and WHEREAS, the City is not required to provide any cash or in kind match; and WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department for the enforcement ofDUl violations during July, August, and September of2007; and WHEREAS, these funds will be of essential assistance to the Seward Police Department in the enforcement ofDUl violations. 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 accept the 2007 ASTEP DUl Enforcement, Alaska Highway Safety Office and enter into a grant agreement in substantial form as attached in the amount of $4,050.40 and enter into a grant agreement. Section 2. Funding in the amount of $4,050.40 is accepted to grant revenue account no. 101-0000-4680-0200 and appropriated to the Police Department's overtime account, no. 101-1210- 5020. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day ofJuly, 2007. -' 43 Council Agenda Statement From: Phillip Oates, City Manager ~ Tom Clemons, Chief of Police Meeting Date: July 9,2007 To: Agenda Item: Alaska Highway Safety Grant (ASTEP DUl Fourth Quarter Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office, ARSO, has requested that the City of Seward continue to participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, DUl Overtime Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and assigned weekends, the Seward Police Department will conduct high-visibility DUl enforcement patrols. ARSO has awarded a grant in the amount of $4,050.40 for July, August and July 2007. . This program is a 100% grant funded project with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is to save lives by arresting and punishing alcohol and drug impaired drivers and maintain current public perceptions ofDUl enforcement issues. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: ~ JA./'9 RECOMMENDATION: City Council approve Resolution 2007- "'5 , accepting a grant from the Alaska Highway Safety Office in the amount of$4,050.40 and appropriating funds. 44 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-066 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) WHEREAS, the City of Seward has entered into an Agreement for the past twelve (12) 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); and WHEREAS, the attached extension would continue the services at the current rate through June 30, 2008. 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). 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 9th day of July, 2007. 45 Council Agenda Statement From: Phillip Oates, City Manag~ Tom Clemons, Chief of Police Meeting Date: July 9, 2007 To: 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 ten 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, 2008. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: 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 included in the 2007 budget. Approved by Finance Department Jtu...~.j-~ RECOMMENDATION: Recommend approval of Resolution 2007iPbauthorizing 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. 46 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2007 to June 30, 2008 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 Aareement. 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 DatefTermination/Amendments. This contract is effective July 1, 2007, and continues in force until June 30, 2008. 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 07/01/07 - 09/30/07 $12,125.00 10/01/07 10/01/07 - 12/31/07 $12,125.00 01/01/08 01/01/08 - 03/31/08 $12,125.00 04/01/08 04/01/08 - 06/30/08 $12,125.00 06/01/08 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 of2 47 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2007 to June 30, 2008 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, Le.; 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 of2 48 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A ONE YEAR CONTRACT FOR $449,472.00 WITH THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND HOUSING PRISONERS CHARGED AND/OR SENTENCED UNDER ALASKA STATUTES WHEREAS, the City of Seward has received a proposed one year contract from the State of Alaska for the operation of the Seward community Jail; and WHEREAS, the contract amount for the City of Seward is $449,472.00, to operate the Seward Community Jail in accordance with the attached contract from July I, 2007 through June 30, 2008; and WHEREAS, the $449,472.00 is the same amount as the FY 2006 budget; and WHEREAS, the amount of$449,472.00 falls short of covering even the City's direct cost by $43,672.00, does not cover any of the City's indirect costs of $64,096.00 and does not include compensation or reimbursement for the lease of space for the jail facility. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby approves Resolution 2007-067, authorizing the city manager to enter into a one year contract for $449,472.00 with the State of Alaska, Department of Corrections, to provide for operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska Statutes. 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 day of 9th of July 2007. 49 Council Agenda Statement From: Tom Clemons, Chief of Police To: July 9, 2007 Phillip Oates, City Manager ~ Meeting Date: Agenda Item: Renewal of Jail Contract between the Department of Corrections and the City of Seward BACKGROUND & JUSTIFICATION: The city of Seward has entered into contracts with the Department of Corrections for many years and this renewal is being presented for adoption. The State of Alaska will pay the City of Seward $449,472.00 to operate the Seward community Jail in accordance with the conditions set forth in the attached contact. This contract will be in force from July 1, 2007 through June 30, 2008. CONSISTENCY CHECKLIST: Where applicable, this Resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The City of Seward will receive the sum of $449,472.00 from the State of Alaska for this contract. This is the same amount the City received in FY2006. The City's FY2007 budget estimates for operating the jail were about $493,144.00. Therefore, the appropriation from the State falls approximately $43,472.00 short of covering the direct cost of operating the jail. In addition, the City estimates the indirect cost of operating the jail at approximately $64,096.00 and the State does not cover this cost. Approved by Finance Department .%A:>-b..JA./' ~ RECOMMENDATION: Recommend approval of Resolution 2oo7-foF7. authoring a contact between the City of Seward and the State of Alaska, Department of Corrections that provides for the City of Seward to operate the Seward Community jail, and house prisoners charged and/or sentenced under Alaska Statutes. The State will pay the City $449,472.00 to provide the service. 50 STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES ,. Agency Contract Number 2. ASPS Number 3. Financial Coding 4. Agency AssIgned Encumbrance 2081010 2008-2000-7235 20665500-15905-76900011-73076 2081010 5. Vendor Number 6. ProjectlCase Number 7. Alaska Business UcenlSll Number COS84266 Community Jail: Seward not applicable This contract Is between the Stale of Alaska. 8. Department of Division Corrections Institutions hereafter the SIaI&, and 9. Contractor City of Seward, Police Department hereafter the Contractor Mailing Address Street or P.O. Box City state ZIP+4 PO Box 167 410 Adams st. Seward AK 99664 10. ARTiCLE 1. Appendices: Appendices referred to in this conlractand attached to It are considered part of It ARTICLE 2. Pelformance of Service; 2.1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this contract. 2.2 '\ppeA_ilI &lse18 f~flG&1lI'Ov~ See Appendix C for indemnity and Insurance related language. 2.3 Appendix C sets forth the services to be performed by the contraCtor. ARTICLE 3. Period of Performanca: The period of performance for this contract begins Julv 1.2007 . and ends June 30,2008 ARTICLE 4. Considerations: 4.1 In full consideration of the contrecto(e performance under this contract, the Stale shall pay the contractor a sum not to exceed $ 449.472.00 in accordance with the provisions of Appendix D. 4.2 When billing the Stale, the contractor shall refer to the AulhorlIy Number or the Agency Contract Number and send the billing to: 1 t. Department of Attention: Oivlalon of Corrections Administrative Services, Accounting Mailing Address Attention: PO Box 112000, Juneau, AK 99811-2000 Mary Engdahl (ph. 907~5-3478) 12- CONTRACTOR 14. CERTIFICATION: I certify that the facts herein and on supporting Name of Firm documents are correct, that tllis voucl1er constitutes a legal charge against funds and appropriations cited, that sufficient funds are City of Seward encumbered to pay this obligation, or that there is a sufficient balance Signature of Authorized Representative Data In the appropriation cited to cover this obligatfon. I am aware that to knowingly make or allow false entries or alterations on a pubic record. or knowingly destroy, mutilate, suppress, conceal, remove or Typed or Printed Name of Authorized Representative otherwise impair the verity, legibility or avaHlIbility of a public record constitutes tampering with public records punfsllable under AS Phillip E. Oates u. I. 11.56..815-.820. Other disciplinary action may be taken up to and including dismissal. TlUe ~..." I.~S, eJIIIl(,ct+-ycfcl' I( City Manager (ph. 907.224-3338; fax 907-224-8480) 13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date Department/Division Dale Corrections {Institutions Signature of Project Director Typed or Printed Name Sharon Frascati Typed or Printed Name of Project Director Title Garland Armstrong Procurement Officer TIlle Dept. of Corrections Director, Division of Institutions (ph. 907.269-7409) Anchorage Procurement Section NOTICE: This contra&! has no effect until signed by the head of contracting agency or designee. 02..093 (12/03102) SAF.DOC 51 ,\I'I'F.NI)IX A G1,l'lERAI.I'ROYISIONS Al1id~ I. Defiaitlons. 1.1 111 this con1met and l\PI1CUdiCCS, "ProJect DireclOl" 0.. "AbOCllC)' Hcad" or "procurement Officer" mcal\S the l)CI'$()'ll who siGns Ibis contract m. bch."\H' of the Requestiug Agency and ilH:lude5 a successor or aUlhorizcd l'Cpres.cntali\'C. 1.2 "State Contracting AgcncY"I'IICilJl$ lhe dcpm1nlCllt ror which this contract is to be pafornttd and for which the Commissioner or ^Plhorized Designee 1K:tcd in a 5icning this eontrac\. Artlde 2.1 2.2 2.lnspeelio. and RqlOrts. 'n1e dcpartnteltt tlUl)'I1lSpCC11 ill dlC manner ItDd al rcnsonablc times it cOlIsidcl'S approprillc, all Ule contnctor's facililicslllId activit\cs lindeI' lhi~ .:onlrKl. The eontraaor ShAD make IJrogfC$S and other repo.t.'\ illlhc manner and at lhe limes the depnnmcl11 rcasonAbty rcquil'CS. Arti,l. J. D1spalos. 3.1 Any di'I". c:onceming a qucsliOlI orract ari$i1>tl under II1iJ _ whicb i. naI diJjJOsc<l ofby mulual.JlRlOlI.... shan be decid.d in occordancc witb AS 36_10.62G-6.U. Artlde 4. Equal E.pIoJ.....I Oppo......Uy. 4.1 Tho COI1lrac1or may 110I dis.rimi.... agai... lay cnlploycc or lJ""icant f... cmpioymcnt because ofracc. rcIision, ....... ua\ionIII ori.... '" bcoausc of age, -lily. sex, mariud ....... dRI", in ..ariW SIaIUS. prcgnanc:y 0< pa_tbcod when Iho ........AbI. dcJnaods oflbe pooition(.) do... rcqnirc dillinclion OIl 111D bosis ofage, di$abiliIY. .......mal status, chao... in ntarilal SIlIIIISp p_.ney. or porcnlhood. Tbe ....ractor .h,1I tako .mnnatiyc adion 10 insure Ihlllbe ,pt,lico." ore ODI..idcrcd for cmpIoymenl ond thoc cmpIoycc:s.re Ircaled dllling OInploymcnl wi~ unl.wful rcgIK'd 10 lheir ,.... .01.... ..ligi..~ national origin, 1IICCS1I)'. disability, age,.... maril,l Slat"'. .hanUC' in marilllsta.1IS, .1....... ., marital.taluS, p"llIaney 0< """,.Ihood. rbi, action III'" include, b11111CCd not bo limited 10, Ih. followins: omployln."'. upgrading. dcmolion. tronsf.r. rccruitmcnl... re.rnlunenl _ilinl. 1ayuIi' or ..nni11lIlon. notes of pay or other f..... of colnpel"".on, and scIcction C", treining illCluding .pprcolliccollip. The COnI_ sllln posI in COlIspicuous plocos. ....nablc 10 employees and aptllicanll for cmpIoyI1IClll. notices ....lIg Old lbe provisions oflhis paragraph. 4.2 Tho .outractor .holl st.... in III sotic:itotion. or adv.l'Iisom.nlS for CIIIJ>Ioyccs \0 work on SIal. of A1askl COIIIracI jobs. thai it i. an eq"a1 opport...ty ...ployer.ad lbat all quallflCd 1J'P1i<a1IU willrccciYC ooosidcraliOlI f... cmploymenl witheRa ..ganllo _. ..Iigion, color. lIlIIio"al oriJin. age. dislbllilY, acx, maritll .1aIus, ......... in marital "otus, pregnaney... parenthood. 4.3 'I"1'to contractor shall send to each labor ~ or representalM ofworlters. wiO_ Mlich the conlrnCtor has a oollcctiYC ~inil1l Darco1nol" Of' Gibe.. conlrac:t or undcrslandinc a notice adYisine lbe labor union or workOl$' CQlnpcnslllion rcpre.sentativc oftltc oontractor's COI1MmUI'lCnll under Ihi, artidc and post copies of the nOlico in conspicuoul places 8W11able to aD etnployccs and lJlplicantS for OI""'-It. 4.4 Tbe cou......... shall includc.1te provisions ofthis al'liclo in CWI)' COIIlI'lIC1. and shall rcqoi"'he ;uclu.ion oflh... provisions in.vety coRtI'lCl .1II.red illlo by IUY ofil. ..1bconIraCl..... so lhal Ihose provisiOl" WIll be biuding upon CACh snbcontnc..... F... tllD ptllpOSC of in.b"'i.g UIOSO provi.iOllS in allY coolll1lCl ... subconlnct, as rcquirDd by Ibis -. .0001........ and ...lbconlraCl.... may be clunl@Cd 10 rclkcl appropriately tbe aamc or designation oflbc potties of tho ...tract ... subcoallllCl. 4.S ''be 'OII1'nc:1or shall cooperat. fully w~b Slate cfforl. whi.h seck 10 deal \Vith .be pt'obIcm of ...lawrul di5CIintioation, Ind with .11 otber Slate .tIbr1. 10 &U8l11a.. Iiir cmploylncnl practi.es under Ihis _, alld pronlplly comply wilh all fOCI..... and din:clion. from the Sial. Coomnission for Human RiBbts or Ill)' of its omccn '" "\ICldS ..Ialiog \0 pmIOI1lion of discrinlinlllory clnploytncnl pradiccs. 4.6 Full coopcralion in _ph 4.5 illCludcs, bul ia nOlIimi'ed to. being 0 witness in any ptoc:ccdiug involvinl qucslions .f unlawn. diocriolinalion iflhal i. rcqllD.ted by auy oII'lCial '" .\ICl1CY of the State or Alosko: pcnnilling employee. oflbe canIIOClOr \0 be wit....... ... comploinani. in .uy pro..ed;u. involving qllDsliooll 0( unlowl'u1 discrimination, if IhaI is req.....d by Ill)' 0II'1Cial or alll""'Y of lh. Slale of Alaska: participaling in meetin..; .ubonilling periodic rcpcr1' on the equal cmpIoymcl. _'IS ofplCSCnt...d Culure .mploymen.: assisting inspediou oflhe .01011lClOl". focilities; and JlfOIlI1.1y .nmplying with all SI... di.....i>a ooaaidcrcd ......i.. by any 011'... '" &pIC)' oflhe 51... of Aloskl '0 insu", compli.... wilh all fcdcnland SlalO laws. "'I!ulatioo... Ind poli.ies pertaining \0 tbe prcwntiOlI of diacrimillllOry cmploymenl practices. 4.7 Failu", to pcrfOl1ll under lhi. article COIU11il1llCS a 1..lcriaI-.h of thc ODIIlracl. Arlicle 5. Termit,.'I... ''be Pnljecl DI......... bywrillen lIOlico. may lenninat.ll.s....-. in whoIc..., part. when it is ill.bebcsl il....." of the Slo... 111D SIal. i.liable only forpoy1l.... iu..........,..wilb the poymoal prewision! orthis ~r8CI for services rc:ndorcd before lhe offective dale of tcamil\Dlion. "rlide 6. No Asslgnmenl or D<teptiool. ,lie COI.nel... may... assign ordclcgol.Uti. oontnCl, orAllY pDI1 ofil. ... illY rig" \0 811)' oflbe UIOllC)' 10 be p.id under il. .'ccpI with the ..nllen .011_ orlllD ProjcCl Din:clor....tbc AJlOIICY Hood. Article 1. No Additioaol Work" MlltriaL No claim fo< Idditioo,,1 services. llOllJlCCillc:aIIy """oidcd in lbi. COlItracl. IlCIfonnad... fll'1lisllCd by lho ...a_. WIll be allowed. nor may Ih. conI_or do Iny woric ... fumi.h any matcrialllOl C<IYCfcd by IIID contract unl... lbe work '" material is ordered iu writing by IIIcI'lojcCl 01_ aad approved by Un: Agen.y 1IDad. Arlide .. Indep.od... Cont....tor. Tho coot....,or and auy Igcut. IlId cmploycc:s of lhe _... acl in III in"-'<lcnl capacity .nd an: ... oIliccn or .mployees ... agent. of the 5111. in IIID pcrfOllllllllCC ofUtis -_. Artl... 9. Poy.....tof,...... A. . conditi"" of perfonllao.. oftl.. .......1. the ....,...... sllall pay all federal. Stat'. ....local I.'" ;".II".d by tbe COl.""'" aud ,ball rcqui", II";" pAyment by "'Y SUbCOlll....... or AnY other........ ., lb. pcrfonnoncc orlhis COIl1raCl. Sali.fOClory performo.... oftbi. parql'llph i.. coad~", precedent to payIllCI1l by lbe Stoic under litis 0DII1r0Cl. . ArtloIe 10. Ownership ofD........15. All dcsi..... dnwiugs. spccif......... noles. art\<Olt, and other work devclopod in .ho pcrfoanancc oflbis agn:a.... ... produced f... h... and remain the sole pmperty oflbe Slate of Alaska and may be ,1SDd by the Slat. r... Illy Olher pulJlOSC without additiooud compel......IIO IIID ............ Tho DOnIl'OCto< _ ... to - any righl. and ... to establish lIIl)' cl,im under thc dcsill palen! ... copyrighI laws. ll1e coo.......... f... 8 period oftbrcc years In... f..., paYUlCl1l _,bis COlItract, _ 10 fnmisb and "",,-ide ac:ccss to all rctaillCd nllllClQ at the rcqucsl oflbc ProjccI DilecI.... Unloss oIbcnvisc dirccled by the Project 0iI'CCl0r. .be COlIk'llC1or may rcIain ccpics of all the .......... Artlde 11. Goventi_.1..8"'. 'Ibis ........1 i. _m.d by the laws oflhc SI.le of Alaska. AllaClions.........ug thi. conlract .1..,11 be brougl. in tbe S,~>crior CO\1rt of II.. Slnte of Ala.ka. Artlel. 11. Connietin. Provisl.... Unless specifically amended alld approved by the IkpartnlCn1 of Law lhe 'General ,JnMsions of this conlract supersede AnY ()fO\risiOll5. in ofller appendiecs. Article 13. Off...... Not to 0....61. ConltaClOr 111US1 comply mill aU IptJlicable federal or SiDle buys n:gulatin, ethic.1 con,hw:1 or public offlCCfI .nd ClllI:.&oyees. Arlidf 14. CoveRaut AllliRlI (:OBtI~nt "'Ct's. '!'he Il;OfItractor \Yanllnls.,lhat no person or aaeDCY has ~I employed or rctailtCd 10 solicit or soaR lIu~ ronlmd upon aD R~l'CICInent or Ilnderslandu'l fa,,, cotlllniuion, s~agel brokCl';I@C or cmlingeN ~~ e"~plellqTlO)'CCS or ngencics 'nn~llaincd by .11lC' ~~n1ractor ro.-the PUfJx* or lIOCuling husincss. for Ihe breach or violation or Ilris ",armnIY, the s._ my lenninaCe this conlract witllPlllliabililV or in ils ascrchon ~1tc.1 frotl'llhc cOnlmcll>ncc OI"cons*rallon lhe filII amounl ortM colllmis.1ion.I:ICIWI~.. ~~ or conlill@Cl" fee:. IL\<:K 02.093 (04,01"3) ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAILS SERVICES July 1, 2007 through June 30, 2008 Appendix C General Terms Parties The parties to this contract are the Alaska Department of Corrections, and the Borough/City of Seward, herein referred to as the "Borough/City". 1. Services This is a contract for the Borough/City to operate a jail facility and hold prisoners in accordance with this contract and The Standards for Jail Operations adopted by the Governor's Task Force on Community Jails (November 18,1994 edition), hereafter referred to as "The Standards", The Standards and the final report ofthe Governor's Task Force are attached as Appendix E to this contract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter 13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any legal proceeding to establish a "duty of care", or evidence of a legal duty to any person or entity. Rather, these standards were and are intended: a. as a statement of professional goals to be achieved; b. to promote recognition of needed improvements, both as to facilities and operations; c. to promote efficiency; and d. to encourage professionalism In the operations of Alaska jails. As used in this contract, "community jail administrator" has the meaning given in Chapter 13 of The Standards. As used in this contract, "prisoner" has the meaning given in AS 33.30.900, and specifically excludes persons detained under authority of AS 47. This contract allows the Borough/City to hold persons detained under AS 47 in its jail facility, however the Department is authorized to, and will not, compensate the Borough/City for any direct or indirect costs related as AS 47 detainees, including medical or transportation costs. 2. Sole Agreement This contract is the sole agreement between the parties relating to jail services. There are no other agreements, expressed or Implied. 3. Effective DateITermination/Amendments This contract is effective July 1, 2007 and continues in force through June 30,2008 except that it may be terminated by either party upon ninety (90) days written notice from the terminating party. Contract amendments can be incorporated through appendices or attachments mutually agreed upon and signed by both parties. #2008-2000-7235/2081010 3 Seward Community Jail 53 4. Responsibilities of the parties General Responsibilities of the Borough/City The Borough/City Shall a. Operate a facility for the care and confinement of prisoners in accordance with this contract and with goals set out in The Standards, including any additions or deletions to The Standards by the Commissioner of Corrections following notice to all community jail administrators and an opportunity to comment. b. Comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88.35-42 USC secs. 20008-2 and 200Qe-3) and Federal regulations implementing the act in the hiring and treatment of its employees and will not subject any prisoner to discrimination on the grounds of race, creed, color, religion. national origin, sex. c. Permit reasonable visitation for prisoners as set out In The Standards. A record or log of all prisoner visitors will be kept indicating date, time and identity of each visitor. d. Protect prisoner property by taking proper precautions and providing the necessary policies and procedures to protect the property from loss or destruction. . e. Not accept a prisoner Into the facility under this contract if the person is unconscious or In immediate need of medical attention, and shalt not be entitled to reimbursement for immediate medical services provided to such a person. The Borough/City shall provide necessary medical care for prisoners accepted into the facility under this contract, and shall be entitled to reimbursement by the Department for the cost of such care, per Section C6 of this contract. f. Immediately notify the Department of Corrections, the nearest post of the Alaska State Troopers, and any police agencies in the general vicinity of the jail facility if a prisoner escapes or leaves the premises of the facility without authority. The Borough/City shall make every reasonable effort to return the prisoner to the facility without cost to the Department of Corrections, as long as there are reasonable grounds to believe the prisoner is within the Borough/City limits. g. Adopt and enforce rules concerning smoking by prisoners and staff consistent with State statutes and regulations, keeping in mind the health and welfare of all prisoners and staff personnel. h. Maintain prisoner records showing the prisoner's time served, the date and time the prisoner was booked in, the date and time of changes to custody, notations about the prisoner's institutional adjustment. and records of medical and dental treatment. These prisoner records must be in a prisoner's file when they are transferred from the community jail facility to another state correctional facility. i. Immediately, but, in no event more than 24 hours following receipt of notice, report to the Department of Corrections all claims conceming the jail facility that could foreseeably affect the legal liability of either party to this contract and cooperate with the Department of Corrections in the defense and/or settlement of the claim. #2008-2000-7235/2081010 4 Seward Community Jail 54 j. Purchase and maintain in force at all times during the performance of services under this agreement the policies of insurance listed in the contract. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Borough's/City's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. k. Provide current certificates of insurance to the Department of Corrections prior to the performance of services under this contract and shall provide for a 3O-day prior notice of cancellation, non-renewal or material change to any insurance policy. Failure to furnish satisfactory evidence of insurance or lapse of the polley is a material breach and grounds for termination of the Borough/CIty's services. I. Provide and maintain Worker's Compensation Insurance as required by AS 23.30.045 for all employees engaged in work under this contract. The Borough/City shall be responsible for insuring that any subcontractor who directly or indirectly provides services under this contract will maintain Worker's Compensation Insurance. Coverage must Include all states in which employees are engaging in work and must include employer's liability protection of not less than $100,000.00 per person and $100,000.00 per occurrence. m. Provide and maintain comprehensive general liability insurance, with a combined single limit per occurrence of not less than $1,000,000.00 covering activities associated with or arising out of this contract, to include jail keeper's legal liability coverage. The State shall be added as an additional insured under such policies. The Borough/City shall be solely responsible for the payment of claims or losses to the extent they fall within the deductible amount of such insurance. This Insurance shall be primary to any other insurance or self insurance carried by the State. n. Provide and maintain comprehensive automobile liability insurance, covering all owned, hired and non-owned vehicles used during the provision of services under this contract with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury and $50,000.00 property damage. o. Provide a monthly accounting of prisoner statistics by the 15th day of the month following the monthly period covered on forms provided by the Department of Corrections. The forms shall Include specific information on each prisoner housed during the reporting period to include the prisoner's name, the number of man-days, the charge or reason for incarceration, the dates of incarceration, the arresting agency and other information as requested on the forms. 'Man-day" indicates a prisoner was confined for more than four (4) hours in one twenty-four hour calendar day. If a prisoner had been confined for less than or equal to (4) hours in one calendar day, the accounting shall Indicate one-half man-day. Not operate furlough or release programs for pre-sentenced prisoners held, unless ordered by a court. The Borough/City shall not permit a furlough or release for any sentenced prisoners without the consent of the Department of Corrections. p. q. Community Jails accessing the Agency's Offender Tracking Information System (OTIS) will require all jail personnel using the OTIS System to undergo a DOC security check. The Community Jail Administrator will submit the following information for each person accessing the OTIS System for security review by DOC: #2008-2000-7235 f 2081 01 0 5 Seward Community Jail 55 (1) Full name (2) Residence address (3) Telephone (4) Date of birth (5) Valid drivers license and state of issue, or other photo identification (6) Social Security number The Jail Administrator, with assistance from the Community Jail Coordinator. will develop Policy and Procedures for monitoring jail staff to ensure system security, confidentiality and the use of the OTIS system only for Community Jail business. The Jail Administrator will immediately notify the Community Jail Coordinator if jail staff with access to the OTIS System leave their employment. Community Jails will be responsible for ongoing telecommunications costs such as line charges, connection fees and internet service provider fees, etc. 5. General Responsibilities of the Department of Corrections The Department of COrrections shall: a. Reimburse the Borough/City for necessary medical care under section C6 of this Contract. b. Not be responsible for the management of local jail facility prisoner population. It is the policy of the Department of Corrections to detain and confine only prisoners from the normally serviced region of the respective facilities. However, in the case of an emergency or for necessary population or security management purposes, prisoners may be transferred from other areas of the State. Conversely, for the same purposes, prisoners may be transferred from the respective facilities to other areas of the State. c. Through the Division of Risk Management, provide excess legal liability coverage from claims directly resulting from the Borough/City's services under this contract, that are covered by the primary jail keeper's legal liability policy carried by the Borough/City. excluding any damages awarded as a result of intentional or malicious misconduct, criminal conduct, or outrageous conduct on the part of the Borough/City or its employees or agents. The state will provide coverage of $4,000,000.00 excess of $1.000,000.00 per occurrence and annual aggregate as an excess insurer. All conditions of the primary jail keeper's legal liability policy are considered a part of this excess liability protection. As an additional condition precedent to this excess liability coverage, the Borough/City agrees to immediately report to the State all claims that could foreseeably penetrate to this excess policy level and cooperate with the State in the defense and/or settlement of the claim. d. Be permitted to inspect, at all reasonable times, any facility used by the Borough/City to house prisoners that are confined, in order to determine if that facility is complying with The Standards and with this agreement. #2008-2000-7235/2081010 6 Seward Community Jail 56 e. Provide on-going technical assistance and training for community jails requesting access to the OTIS System. The Department of Corrections will conduct security checks, with information provided by the Jail Administrator, for all jail staff requesting access to the OTIS System. All related telecommunications charges (such as telephone company lines fees or tolls and internet service provider fees, or special charges for initial line installation) will be the responsibility of the community jail. 6. Medical and Dental Care and Reimbursement The Borough/City shall: a. Provide necessary medical care to prisoners accepted Into the community jail facility under this contract. PrIsoners who require medical attention are to be provided treatment as soon as possible, taking into consideration the nature of the illness or injury. If medical care is provided outside of the jail facility, the community jail administrator shall provide necessary security as required by paragraph 7a of this contract. As used in this contract, "necessary medical care" has the meaning given in Chapter 13 of The Standards. If requirements of this definition are otherwise met, the following are included within the term "necessary medical care" and subject to reimbursement: (1) psychological or psychiatric care; and (2) dental care to: i. control bleeding; ii. relieve pain; ill. eliminate acute infection; iv. prevent pulp decay and imminent loss of teeth through operative procedures; and v. treat injuries to teeth or repair supporting dental structures, caused by accident or injury. b. Maintain control of and dispense medicines to prisoners in compliance with The Standards and directions specified by a physician or other qualified health care provider, and take reasonable steps to guard against misuse or overdose of medicines by prisoners. c. Adopt emergency medical procedures and make available telephone numbers for medical, psychiatric, or other health services, so that staff will have ready access to such Information. d. Obtain approval from the Department before incurring liability for medical care which reimbursement is sought, except in the case of emergency care that must be provided to the prisoner before approval from the Department of Corrections can be obtained. The Borough/City shall make a reasonable effort to obtain approval from the Department of Corrections and shall promptly. but in no event later than the next working business day, notify the Department of Corrections of any emergency for which medical care was provided before such approval could be obtained. Approval from the Department of Corrections will not be unreasonably withheld. #2008-2000-72351 2081010 7 Seward Community Jail 57 To obtain approval Borough/City staff should contact the Deparbnent of Corrections Central Office during normal working hours Monday through Friday 8:00am to 4:30pm at (907) 269-7300, after hours. weekends and holidays contact the Anchorage Correctional Complex Medical Unit at (907) 269-4233. e. Be entitled to reimbursement from the Department of Corrections for expenses of necessary medical care provided under paragraph 6a and approved under paragraph 6d. In applying for reimbursement, the Borough/City must follow the procedure set out in paragraph 6f. The Borough/City will not be entitled to reimbursement for the hiring of emergency guards or other medically related security costs, or for medical care for persons (1) held under the authority of AS 47, (2) accepted into the facility while unconscious or in immediate need of medical attention, (3) receiving medical services for elective, cosmetic or other medical services that are not necessary medical care, or (4) not approved by the Department under paragraph 7d. Medical services provided to prisoners who have been properly accepted into the Borough/City jail facilities under this contract shall not, however, be challenged by the Department merely because they were rendered immediately or shortly after the prisoner was accepted. f. Request reimbursement by submitting to the Department of Corrections a properly certified accounting containing: (1) a copy of the medical bill with the prisoner's name and a description of the services rendered, (2) a copy of the monthly booking form showing the prisoner's date and time of booking, and (3) a copy of the medical payment request form. The community jail administrator will make reasonable effort and take appropriate steps to assure that the Department of Corrections is billed only for necessary and required medical services beyond the payment limits of the prisoner or any insurance carrier or other third-party payer. 7. Transfers and Transportation of Prisoners The parties agree that: a. The Borough/City shall provide transportation and supervision of prisoners within local boundaries when the prisoners are outside of the jail facility, other than pursuant to court-ordered release. Supervision must be adequate to prevent escapes, prevent inappropriate contact with others, prevent possession of contraband and provide security for the prisoner and the public. 8 Seward Community Jail #2008-2000-7235/2081010 58 b. The Borough/City shall immediately notify the Department of Corrections to request that a prisoner be transferred from the facility to one outside of local boundaries because; (1) a court has ordered the transportation; (2) the prisoner has been incarcerated in the facility for 30 consecutive davs. unless a court has ordered that the prisoner remain In the facility or the prisoner has signed a written waiver requesting to remain in the facility; or (3) the community jail administrator believes a transfer is necessary for security or population management reasons. c. The Borough/City shall continue to hold prisoners, notwithstanding the existence of grounds for a transfer, until the Department of Corrections arranges transportation for the prisoner. d. The Department of Corrections (1) may contact the Department of Public Safety to make arrangements for the transportatfon of prisoners requested under paragraphs 7b(1) or (2), or may request the community jail administrator to directly contact the Department of Public Safety to make transportation arrangements; and (2) will contact the Department of Public Safety to make arrangements for the transportation of prisoners requested under paragraph 7b(3) when the Department finds that it can reasonably accommodate the request and the community jail administrator cleariy demonstrates to the satisfaction of the Department that the transportation is necessary and that it will not Interfere with the prisoner's attendance at legal proceedings or create any undue hardship on the prisoner. The Department will not unreasonably deny a request for transfer under this subsection. e. The Borough/City shall, when the prisoner leaves the facility, furnish the transporting officer with the prisoner's file described in paragraph 4h of this agreement. #2008-2000-7235/2081010 9 Seward Community Jail 59 ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAIL SERVICES July 1, 2007 through June 30, 2008 AppendIx D Payment Provisions 1. The total contract amount for the Borough/City of Seward is $449,472.00 for the period from July 1,2007 through June 30,2008 and represents the total payment due. 14 Beds 2. The Department of Corrections will pay the Borough/City one quarter of the amount specified above, Appendix D paragraph 1. on the first day of each quarter of the fiscal year. 3. It is specifically agreed by the parties that the Department of Corrections is not funded for and will not provide annual in-service training as set out in Section 10.01 of The Standards. unless funding is provided by the Alaska Legislature or the Borough/City. 4. The Borough/City shall be prohibited from utilizing funds received under this contract for any purpose other than operation of community Jail facility. Any funds received by the Borough/City under this contract that are utilized for purposes other than those authorized by this contract shall be reimbursed to the State and deposited to the general fund. G:\ConlractsIFY08ICommunily Jailslfy08 conlractsISeward-n.doc #2008-2000-7235/2081010 10 Seward Community Jail 60 Appendix List: A General Provisions 8 IAElemAity SAG IAGl:JFaRGEl See Appendix C for indemnity and insurance related language C General Terms D Payment Provisions . D2 breakdown of funding E State of Alaska, Community Jails Program: Standards for Jail Operation As produced and adopted by the Governor's Task Force on Community Jails, November 1994 #2008-2000-7235 I 2081 010 11 Seward Community Jail 61 ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAIL SERVICES July 1, 2007 through June 30, 2008 Borough/City of Seward Appendix 02 The following is a breakdown of the total contract amount for FY2008 for the indicated facility. The contract requires that the funding be used only for the operation of the jail facility and not for any other purpose. It also requires an accounting to specific line items within the jail facility budget. These are the areas intended to be funded by the total contract amount for each fiscal year, unless otherwise amended: Personnel Position Annual Salary % 12 Month Cost Jail Supervisor 55,476.00 100 55,476.00 CJO 44,475.00 100 44,475.00 CJO 47,053.00 100 47,053.00 CJO 44,475.00 100 44,475.00 CJO 36.013.00 100 . 36,013.00 CJO 45,462.00 100 45,462.00 $ 272,954.00 Non-Personnel Item 12 Month Cost Utilities 6,466.74 Telephone 945.06 Insurance 2,361.95 Vehicle 2,400.00 Publications 180.97 Supolies 8,600.00 Food 25,360.00 Unallocated 8,000.00 $ 54,314.72 Summary 12 Month Contract Amount Personnel Costs 272,954.00 Non-Personnel 54,314.72 Costs Subtotal 327,268.72 Admin Overhead 44,195.95 Total (FY2005) $ 371,464.67 Note: +10% for FY2006 FY 2006 Contract Total + 10% increase for FY07 FY2007 Contract Total: FY2008 Contract Total: 37.146.47 $ 408,611.14 40,860.86 $449,472.00 $449,472.00 #2008-2000-7235/2081010 12 Seward Community JaB 62 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING A MORATORIUM OF ALL PROPERTY LEASE AND SALES OF CITY OWNED LAND IN THE NASH ROAD BENCH AREA UNTIL A DEVELOPMENT STUDY OF THE AREA IS COMPLETED AND REVIEWED BY COUNCIL; THE MORATORIUM INCLUDES THE REQUEST BY BRAD SNOWDEN TO PURCHASE AN APPROXIMATE FIVE (5) ACRE PORTION OF CITY OWNED PROPERTY WHICH HAS A LEGAL DESCRIPTION OF TRACT HI FOURTH OF JULY CREEK SUBDIVISION, ROBERTS REPLAT WHEREAS, Brad Snowden has applied to purchase a portion (approximately five (5) acres) of Tract HI, Fourth of July Creek Subdivision, Roberts Replat for future development and his residence; and WHEREAS, Tract HI is located in the Resource Management Zoning District which allows for residential and commercial uses; and WHEREAS, Tract HI is not specifically mentioned in the Municipal Lands Management Plan (1995), which is the primary document for determining status for disposal of City owned lands; and WHEREAS, the Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 15, 2007 and approved Resolution 2007-10, recommending City Council dispose of a portion of Tract HI and the Commission found the Request for Proposal (RFP) process was in the best interest of the City and recommended that the RFP process be followed; and WHEREAS, on June 5, 2007 the Planning and Zoning Commission approved Resolution 2007-12 recommending Council support and fund a study of potential development options for the "Bench" area on the East side of Resurrection Bay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The sale of an approximate five (5) acre portion of Tract HI, Fourth of July Creek Subdivision Roberts Replat is not in the best interest of the public and/or the 63 CITY OF SEWARD, ALASKA RESOLUTION 2007-068 PAGE 2 OF2 City at this time. Section 2. The public interest prior to completing a study of the impact on City services of such land lease and sales and the City shall be best served by completing a study of potential development options for the City owned parcels lmown as the "Bench" area, both abQve and below Nash Road, on the East side of Resurrection Bay before leasing or selling any further City owned property within the "Nash Road Bench" area. (see attached map) Section 3. There shall be a moratorium on consideration of unsolicited proposals for the purchase of City owned land within the "Nash Road Bench" area (both above and below Nash Road) in order to allow the City to complete a Nash Road Bench study to consider the impact of land sales and development options to City services and any needed infrastructure improvements. This moratorium shall end on the earlier of twenty four (24) months from this date or the completion of the Nash Road Bench study and reviewed by the City Council, whichever occurs first. Section 3. This resolution shall take effect ten (10) days following its adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 9th DAY OF July 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 64 Council Agenda Statement Meeting Date: July 9, 2007 r ot'S"l,; ~'7-? "" ~l... - ~,.......o (j ::~~,.l "'~AS"'I': Through: Phillip Oates, City Manager From: Donna Glenz, Planning Assistant Agenda Item: Adopting a moratorium of all property lease and sales of City owned Land in the Nash Road Bench Area until a development study of the area is completed and reviewed by council; the moratorium includes the request by Brad Snowden to purchase an approximate five (5) acre portion ofland owned by the City, which has a legal description of Tract HI, Fourth of July Creek Subdivision, Roberts Replat. BACKGROUND & JUSTIFICA nON: The City has received a proposal from Brad Snowden to purchase approximately five (5) acres of Tract HI, Fourth of July Creek Subdivision, Roberts Replat Tract HI is a 9.4 acre parcel located on the east side of Resurrection Bay. Tract HI has frontage along Nash Road on the east and beach frontage on the West sides of the parcel. There is an old cat trail traversing through the parcel and into a gully at the South portion of the property. The gully has a history of being inundated during flood events. There is a high bluff along the West side of the property above Resurrection Bay. Tract HI is in the Resource Management zoning district. The applicant has requested to purchase approximately five (5) acres of the Northern portion of Tract HI for future development and a single family home. The staff review has focused on infrastructure concerns with development in this area. The Fire, Electric and Public Works Departments have expressed concerns regarding the lack of public infrastructure to support current development of properties along Nash Road. Specific concerns voiced by the Fire and Police Departments were line of site issues for driveway access to Nash Road and general snow removal. Public Works voiced concerns with the lack of public services, including water, sewer and electric. The Electric Department voiced strong concerns with allowing development without subdivision agreements being in place. Increased development in this area will require additional public infrastructure. The Planning and Zoning Commission approved Resolution 2007-10, recommending disposal of a portion of Tract HI, Fourth of July Creek Subdivision, Roberts Replat, at the May 15,2007 meeting; however they voiced concern for the lack of a development plan of the Nash Road Bench area. At the June 5, 2007 Planning and Zoning meeting the Commission approved Resolution 2007-12, recommending the Council support and fund a study of potential development options for the "Bench" area on the East side of Resurrection Bay. 65 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. The Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management. FISCAL NOTE: Approved by Finance Department: y~~~ RECOMMENDATION: Council approve Resolution 2007-Co~, adopting a moratorium of all lease and land sales of City owned land in the in the Nash Road Bench Area until a development study of the area is completed and reviewed by Council; the moratorium includes the request by Brad Snowden to purchase an approximate five (5) acre portion of City owned property which has a legal description of Tract HI Fourth of July Creek Subdivision, Roberts replat. 66 Nash Roard Bench Study Area Above & Below Nash Road - Sheet No. Alaska Map Compal'l)' o I 750 1,500 Feet I 67 CC Resolution 2007-XX er.wn By: D.Glenz Check8d by: D.Glenz o.tIt: CC Mtg. July 9, 2007 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-10 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING A STATUS FOR DISPOSAL OF LAND OWNED BY THE CITY, WlDCH HAS A LEGAL DESCRIPTION OF TRACT H1, FOURTH OF JULY CREEK SUBDMSION, ROBERTS REPLAT . WHEREAS, Brad Snowden has applied to buy a portion (approximately five acres) of Tract HI, Fourth of July Creek Subdivision, Roberts Replat; and WHEREAS, Tract HI is not mentioned in the Municipal Lands Management Plan (1995), which is the primary document for determining status for disposal of City owned lands; and WHEREAS, the Planning and Zoning Commission reviews and makes recommendations to the City Council regarding the pros and cons of disposing of a nominated parcel as provided for in the Seward Lease Policies and Procedures; and WHEREAS, the applicant has stated that he plans to build a single family home on the approximate five (5) acre parcel; and WHEREAS, the City encourages the development of property within City limits; and WHEREAS, public access to the beach would not be affected by the purchase of the approximate five (5) acre portion of Tract HI requested by the applicant; and WHEREAS, Tract HI is located in the Resource Management Zoning District which allows for residential and commercial uses; and WHEREAS, the disposal of City land can be done most fairly through the Request for · Proposal process; and WHEREAS, having complied with the public notification process on May 15,2007, the Seward Planning and Zoning Commission held the required public hearing on the disposal options for Tract HI, Fourth of July Creek Subdivision, Roberts Replat. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 68 ~ Seward Planning and Zoning Commission Resolution No. 2007-10 Page 2 Section 1. The Planning and Zoning Commission finds that selling a portion of Tract HI, Fourth of July Creek Subdivision, Roberts Replat is in the best interest of the City. Section 2. The Planning and Zoning Commission finds that the Request for Proposal (RFP) process is in the best interest of the City and recommends that the RFP process be followed. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and zOning Commission this 15th day of May 2007. THE CITY OF SEWARD ~ #:P ' , .( tl/V"J , . M anna Keil, C AYES: NOES: ABSENT: ABSTAIN: Clark, Anderson, Hicks, Roach', Hohl, Smith, Keil None None None ATIEST: (City Seal) ...."..~..."" ~",,,, ... 1':'1;: '1 .."+ Or" .;;...t'ico", """, ~"+ ~~ ........ -"'l.l.:i if, ~.. CJ ..-::n?<?O~).:..:O ~ ~ ..~cr ~..~:. :: l.... -0- ~ ~ .. . t""'t"'l"""':' "'!..L ~ .. : .! .... :;-1,:1"' : 0 : . . ~_. .- ':\ --- /: ~ ., . .. ~ ". V.r. ,,"'..": ~ U~".YNc1 ..tfJ....~~~ ~ 'A:J'fj .......1.... ~ca ~.. 4>"'1 1: 0 F p..\..r-;~~"''' ""11111"" 69 Sponsored by: Planning andZonjng Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-12 A RESOLUTION OF THE SEWARD . PLANNING AND .. ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL SUPPORT AND FUND A STUDY OF POTENTIAL DEVELOPMEI~T OPTIONS FOR TIlE "BENCH" AREA ON TIlE EAST SIDE OF RESURRECTION BAY . WHEREAS, Seward City Code 2.30.225 charges the Seward Planning and Zoning Commission ("Commission") with responsibility for promoting the public interest and understanding of comprehensive planning,zomng,land management and other issues related to community planning and development; and WHEREAS, the Commission has identified the "bench area" located on the East side of Resurrection Bay as a potential opportunity for development, as it would expand the availability of developable land within City boundaries; and . WHEREAS, in recent years, the Commission and the Seward CityCouncilbave taken action to recommend and authorize disposition of individual parcels on the East side of Resurrection Bay, without a comprehensive and organized plan for future development in these areas, which may limit the potential for achieving the highest and best use of these properties for the community's overall benefit; and WHEREAS, in considering potential development options for the "bench area", the Commission recommends that every effort be made to recognize the valuable role that this area plays in protecting the community's view-shed, and that potential development in this area proceed in a manner that minimizes adverse impacts to the view-shed. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission hereby recommends that the Seward City Council pursue a study of the "bench area" located on the East side of Resurrection Bay, to consider potential development options for this area, and to encourage orderly and planned development to meet the highest and best use of this land for the community benefit, recognizing the value that this area plays in protecting the community's view-shed. Section 2. This resolution shall take effect immediately upon adoption. 70 Seward Planning and Zoning Resolution 2007-12 Page 2 of 2 PASSED AND APPROVED by the Seward Planning and Zoning Conunissipn this Sib day of June, 2007. . .' THE CITY OF SEWARD ~ ' . (//~ ~ Tom smith, a AYES: NOES: ABSENT: ABSTAIN: Anderson, Clark, Hicks, Roach', Smith None Hohl, Keil None ATIEST: 's,C C IUIII1, lerk ~"" OF Sf::: '''~" ,,-<Ii .L...{ ... /1' ",:.. ~~, .............~ #~ ... ,.~ ~n~mo~;..., 'A') ,- (City Seal~ ~""u-"r . -.;.....:<.> ~ ::.~ ~~'... .. . ....-. -0 ~ IJlI .:S ." .. · . PAL'" : i ~ :0: : \ : :: . . -..... .... -": ..~ .." '- ~ cS".l. ...'l/A. "fI,..':: ~ '..9~"'~1 '\,....J..~ ~ '~ "~c:' .....1... ~""' ':tit" ###. OF A\;.P' ......... ."lIr..""'" 71 City of Seward, Alaska June 25, 2007 City Council Minutes Volume 37, Page CALL TO ORDER The June 25, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City A 0 Rob Johnson, City Attorney ABSENT - None CITIZENS' COM FOR PUBLIC HE XCEPT THOSE ITEMS SCHEDULED Ther be 9.6 ce excludi save ne the WWEC e increase 50% by a Lowell Creek hydro design proj ect. Estimated cost would years. She said once built, this facility would be free, sts. tts thought this could generate 20% of the city's power and ught the city was paying 12 cents a kilowatt hour now. Butts stated e by 2030, and the commodity index project natural gas prices to . Kerry Ma , spoke in favor of the ordinance to rezone the property for the new Library/Museum and would be free to answer any questions. Dale Hoogland, explained his son Travis was an exchange student with Japan last year and was invited back for a 6-month period. The City of Obihiro and the Resurrection Bay Lions Club were willing to have a direct exchange and created a spot for him. Hoogland asked the City for a letter of support for this exchange. 72 City of Seward, Alaska June 25, 2007 City Council Minutes Volume 37, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (ThomaslBardarson) Approval of Agenda and Consent Agenda The June 11, 2007 regular city counc' To add, "Approval of the restaurant designation permit for Apollo Restaurant" as a consent agenda item. Motion (ThomaslBardarson) City Clerk Jean Lewis explained that the liquor license was already Restaurant back in April of 2007, but the owners had just discovered filed which allowed them to employ persons under the age of19, in their establishment. All city personnel had signed off on it. Motion to Add Passed Main Motion Passed Ordinance 2007-003. An Ordinance Of T Amending The Land Use Plan And Rezo Seward, From Auto Com C) To f The City Of Seward, Alaska, Lo -9 Block 8, Original Townsite Of al Business District (CBD). Resolution 2007-061 Between The City Of Firefightin A e City M ger To Enter Into A Mutual Aid Agreement ~oint Emergency Service Area For The Purpose rations. or Apollo Restaurant was added to the agenda and NTATIONS AND REPORTS City Manager's Report. City Manager Phillip Oates stated staff had been collaborating with the Chamber in preparation of the 4th of July celebration. He notified that their trip to Washington D.C. was successful with meetings held with the Army Corps of Engineers, the Alaska Governor's office, congressional delegations and the University of Alaska. Oates was told the State would not provide written information about the cruise ship head tax until regulations were drafted within the next couple of months. A public meeting was held on June 22, 2007 on the Long-Term Care Facility, with the public's primary concern being access. Oates addressed questions from the last council meeting which included; GPS in electric trucks, fence and crosswalks in the harbor, sign '13 City of Seward, Alaska June 25, 2007 City Council Minutes Volume 37, Page replacement on the state right of way, a letter being sent to MT AB asking ferry service be restored to the city, transformer delay, and a credit card system for parking lots. Oates also stated a letter was written to the State and Borough addressing the cost differential and supporting education in Seward. Senior Citizens Center. All repairs were on schedule and should be completed in time for the 4th of July, Electric. The electric department operated its generators on two evenings last week as a result of interruptions of electrical transmissions caused by the recent fires eninsula. Staff was also discussing GCI fiber optic cable pole attachments. Public Works. Timberline should complete its waterfall de averaged 21 cubic yards of material per load, The ARR would cre Canyon gravel which would be applied to the lease payment. .... Chamber of Commerce Report. Chamber P halibut was leading the derby. In near future the 've D' resolutioninyolving the property and the train car. Hewitt would be performing Thursday, June 28, 2007 at noon in the orted on the process for home deaths. Resolution 2007-0 f\uthorizing The City Manager To Proceed With The Acquisition Of Land (Griswold P operty), Comprising Approximately 9.11 (+/-) Acres Of The Southwest Corner Of The Unsubdivided Remainder OfU.S.S.1864, As Reflected In The U.S.S.1864 KPB Replat, Plat No. 2004-03, Inclusive Right-Of-Ways Of Approximately 1.11 (+/-) Acres Extending South From The Intersection Of Oak Street And Hemlock Street And Such Additional Right-Of-Ways To Provide Connecting Access To The 8 Acre Portion Of The Property, And Appropriating Funds For The Future Long Term Care Site For A Purchase Price Of $830,000.00. 74 City of Seward, Alaska June 25, 2007 City Council Minutes Volume 37, Page Oates held a public meeting last Friday to discuss reasons for the change in direction about site selection for the Long-Term Care Facility. Most public concerns were of access. He explained the lengthy process for approval, the certificate of need taking 15 months, the bond process and two complicating factors of expensive land surveys and stabilization on the original city-owned site. The second site in north Forest Acres (Schafer property) was made problematic after the October 2006 flood. The levy was damaged and FEMA wanted it certified or elevated above flood level. This FEMA assessment took 5 months. Meanwhile, Hurricane Katrina made it almost impossible to certify levees and the purchase agreement with the Schafer's had expire. With these new developments the city revisited the issue and had three courses of action. ify the levy, 2) elevate the site, or 3) consider a new site. Oates found the levy coul fix but the federal government would not certify it, elevating the site would require more to re-design, thus the city was back to considering a new site. Safety, suitability, cost ere the four factors looked at. Oates stated other factors were investigated such as' be on the same site which reduced the original footprin of the age of the existing facility, bonding was not si time became linked to cost because of lost revenue. est in terms of previous e least slope and the closest cha a right-of-way for a city property that portant for utilities, would open up other areas d two access points. Oates related that this allift sta . e built for sewer. He requested the council e p . t-of-way now, and he would hold a work session at ptions into the facility. and published as required by law was noted and the public Bran ad a prepared letter, even though some issues had been covered by the city manager. H cil to consider this, as it would greatly alter the subdivision and the access was a disaste stated 18 months of construction and staff traffic was a concern to the people in the area. erson thought the process itself was flawed and suspicious, and asked this to be postponed until homeowners could be better informed. Peggy Ventura, was speechless and bought property in the area because of the residential neighborhood. She never expected to have huge trucks driving on those streets. Ventura wanted the routes carefully considered because of the icy roads. She thought a direct route on Sea Lion would be best. She thought this was a good choice for the Long-Term Care Facility but not for the people that lived in the area. 75 City of Seward, Alaska June 25. 2007 City Council Minutes Volume 37, Page Marianna Keil, thought the purchase price was too high and might affect the price of raw land and property taxes. She requested a detailed plan before it came before the Planning & Zoning Commission again. Keil hoped Medicaid was still funding the .facility and questioned fiscal responsibility piling up. Sandie Roach', thanked the public for appearing. Her concern was with the schools and transportation. With bus budget cuts, she feared for children walking along the streets and paths in Forest Acres and reminded council to please think of ingress, egress and sa Dale Hoogland, stated the way this site was selected behind thought an RFP was a better way and that the Lechner property h Hoogland did not feel there was enough discussion or public co actual or potential loss of revenue by sacrificing smart decisio there. He thought access was wrong and did not want to e access of the Long-Term of the school campus's. Safety going through the school Kathy Kloster, strongly supported the for the long term care facility. Kloster stated appreciated the commitm ouncil supported the purchase. roperty stating it would work nicely e sues e up with every site selection: She administration to work out access issues and She understood there would be was concerned with the cross country running trail and . S ared concern of the icy streets and informed that most streets ot wide instead of 60 foot wide. She would rather not have roads . I stated middle school access was more a sidewalk instead of a road, e to be frontage once it was subdivided. Approve Resolution 2007-060 Schafer also felt too much of the process was conducted in executive session. He thought Sea Lion was not an option, but down Oak and Hemlock would cost more money to build. He agreed there needed to be a work session on access. Schafer mentioned a substantial cut would have to be made through the hills for the sewer line and thought this needed more work before decisions could be made. 76 City of Seward. Alaska June 25. 2007 City Council Minutes Volume 37. Page Dunham agreed partially about access, but disagreed not to move with the purchase. He noted the city was now two years behind schedule. He understood the residents concerns about traffic and wanted views discussed and time spent on working out the access. Amberg agreed with Dunham to proceed with purchase but public comments were needed for access. She felt employee and service traffic should not be much and thought by working with the school district a lot could be accomplished to make it safer for students. Council takes a break at 9:05 p.m. Council back in open session at 9:10 p.m. now and had no complaints given day and each day was like Bardarson concurred to proceed with the purchase but look carefu wanted to know if access through Phoenix had been looked into. Oates stated all sites had access issues, but reiterated the risk the hospital if the Long-Term Care Facility was not built. He potential losses daily and that all executive sessions held we exclusion. Mayor Shafer noted Wesley was situated in generated other than the helicopter. Traffic was mimm "going on a wing and a prayer" with current conditions at Motion Passed Motion (Bardarso .. Go Into Executive Session To Discuss Strategy For Negotiation Of A Settlement Agreement. Unanimous at 9:13 p.m. on at 9:47 p.m. Resolution 2007-0 ~utborizing The City Manager To Enter Into A Settlement Agreement To Resolve An Employment Dispute For A Total Of $50,000.00. Oates stated since the city had a partner with the settlement, and a termination would resolve with no more arbitration, he recommended approval. Motion (Tbomas/Dunbam) Approve Resolution 2007-062 Motion Passed Unanimous 77 City afSeward, Alaska June 25, 2007 City Council Minutes Volume 37, Page OTHER NEW BUSINESS A work session for the Library/Museum Project was not deemed urgent and scheduled on September 24, 2007 at 6:30 p.m. Discussion ensued on the Lowell Canyon Tunnel Hydro Project. they met with a congressional staffer to explore grant money options on were too many big projects out there to compete with. She felt they had great meetings, met John Katz, and spoke of economic development projects and how education funding was affecting our community. Oates agreed to make sure PACAB had all of the same infonnation and Tim Barnum would add actual kilowatt hour costs. Council Member Thomas had a concern for bed loading go' INFORMATIONAL ITEMS AND REPORTS (No action COUNCIL COMMENTS Amberg stated the Senior Center was 100 . ng attending the LTeF meeting on Friday and tonight's public Bardarson also thanked the co were also important. stressed funding for schools on ~ss with the Borough and thought Valdatta co Touchstone. randing which was mentioned in the AML by andie Roach' on school bus budget cuts were disturbing. ding since educational opportunities for children were less 1l1ingim had passed away in Seattle and services would be July . " CITIZENS' COMMENTS Theresa Butts said P ACAB had been concentrating on giving good infonnation to the city council. A lot of issues brought up had already been looked at. She encouraged department heads to attend their meetings. She stated those invitations had been politely declined in the past. Butts agreed the more infonnation they had the better and she emphasized the engineers portion of the bid 78 City of Seward, Alaska June 25, 2007 City Council Minutes Volume 37, Page was less than $50,000. It was obvious to PACAB it was a good deal on labor and Baker was not charging for personal studies or his research. She stated the CHM2 study had been looked at, and did not want to feel like they were wasting their time COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Dunham discussed old Seward Light and Power records could possibly be used. (City Seal) Lake should be Valdatta thought the waterfall output was inconsistent and thought looked into. ADJOURNMENT The meeting was adjourned at 10:10 p.m. Jean Lewis City Clerk 79 ::;;(1) 11.11. ",0 ~ 1-' "'LU o Ii ~5 ~ ~ ~ !I~g o1l~;-" .~~i .&:[ij:l.... :<01: :I:~8'. !'I1i:'O'" i! l1. .. ! It . c: 0 "'C!c, >1-'.&1 '!, ... - ... - .l!I .!l fiO li!;: "C ~ 1/!. 1/!.'ifl.1/!.~~'1ft ~::d;id ~ _C') -t:!. 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