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HomeMy WebLinkAbout03122007 City Council Packet The City of Seward, Alaska Monday, March. 12, 2007 Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta Council Member Term Expires 2007 Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Term Expires 2007 Jean Bardarson Council Member Term Expires 2008 6. Linda Amberg Council Member Term Expires 2008 Marvin Yoder Interim City Manager Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney Ci~ Council Meeting 7:30 p.m. Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.} 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). CQnsent 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) SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Judy Parris police certification. 2. Alan King correctional certification 3 . Women's History Month Proclamation. ............ .Pg. 4 B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Seward Port and Commerce Advisory Board Report F. Other Reports, Announcements and Presentations 1. Chamber Report on Seward's Ocean Festival in May. 2. Report on the Library/Museum Project by Librarian Patricia Linville. 3. Brief overview of the new format of Emergency Operation Manual by Fire Chief David Squires. City of Seward, Alaska March 12, 2007 Council Agenda Page 1 7. NEW BUSINESS A. Resolutions 1. Resolution 2007-021. Authorizing The City Manage~ To Enter Into An Agreement With Skyline Steel, LLC For The I&T Dock Pilings For An Amount Not To Exceed $1,160,598.80 And Appropriating Funds. .................... ....Pg.5 *2. Resolution 2007-022. Accepting A Grant In The Amount Of$I,215.12 From The Alaska Highway Safety Office For 2007 ASTEP Seatbelt Enforcement Campaign And Appropriating Funds. ......................................................... .Pg. 16 *3. Resolution 2007-023. Accepting A Grant In The Amount Of$I,518.90 From The Alaska Highway Safety Office For 2007 ASTEP Driving Under The Influence (Dui) Enforcement Campaign And Appropriating Funds. .................... .Pg. 18 4. Resolution 2007-024. Appropriating $45,000 For Lift Station Control Reconfiguration Materials. .......... ... .... .............. ......................... .Pg. 20 B. Other New Business Items 1. Schedule a work session on the generator replacement. *2. Approval of the February 26, 2007 regular city council meeting minutes and the March 6, 2007 special city council meeting minutes. . . . . . . . . . . . . . . .. . . . . . . . . ..Pg. 23 3. Discuss and exchange ideas for Military Appreciation and Armed Forces Day the weekend of May 19. (Schafer) 4. Decide whether to accept or decline an invitation to the Turtle Ship Festival from Yeosu City Korea. . . .. . . . . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 33 8. INFORMATIONAL ITEMS AND REPORTS (No action required) 9. COUNCIL COMMENTS 10. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.} 11. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 12. EXECUTIVE SESSION A. Go into executive session to discuss matters pertaining to pending litigation. City of Seward, Alaska March J 2, 2007 Council Agenda Page 2 B. Go into executive session for the city attorney evaluations. 13. ADJOURNMENT City of Seward, Alaska March 12,2007 Council Agenda Page 3 PROCLAMATION WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; and WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, since 1987, March has been declared Women's History Month by the United States Congress; and WHEREAS, in honor of this month, the City Council has invited Alaska's first female Governor, Sarah Palin, to celebrate Women's History Month at the Senior Citizen's Center with honored guest Mary Barry on March 24, 2007. NOW THEREFORE, I, Vanta Shafer, Mayor of the City of Seward, Alaska, in concurrence with United States Government and the State of Alaska, do hereby proclaim March as: ......,.nwhp. 4/>-...... o~ Women's History Month Dated this 12th day of March, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor .J i. 4 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SKYLINE STEEL, LLC FOR THE I&T DOCK PILINGS FOR AN AMOUNT NOT TO EXCEED $1,160,598.80 AND APPROPRIATING FUNDS WHEREAS, in January 2007 the City, with the assistance of Tryck Nyman Hayes, issued a Request for Bids to manufacture and deliver pilings for construction of the Seward Travellift/I&T Dock Project ("Project"); and WHEREAS, the bids were opened and evaluated on February 22, 2007 by engineers frQm TNH as well as City administration; and WHEREAS, of the two bidders, Skyline Steel, LLC was determined to be the lowest responsive and responsible bidder; and WHEREAS, TNH and staff recommend an award of the procurement contract to Skyline Steel, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to negotiate and enter into an agreement with Skyline Steel, LLC to manufacture and deliver pilings for the Project for an amount not to exceed $1,160,598.80 in substantially the form presented at this meeting. Section 2. Funds in the amount of $1,160,598.80 are hereby approved and appropriated from State Grant funds account no. 315-3152-4680-0200 to the T-Dock and Bulkhead Capital Project account no. 315-3152-5925. 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 12th day of March 2007. ./ l: ..... 5 Council Agenda Statement From: Marvin Yoder, Interim City Manager Scott Ransom, Harbormaste~K Approving Skyline Steel, LLC Contract for Pilings Meeting Date: Through: March 12, 2007 Agenda Item: BACKGROUND & JUSTIFICATION: In January 2007, the City of Seward conducted a competitive procurement process for the purchase of new, galvanized steel pilings for the Traveliftll&T Dock Project in the harbor. Two bids were received by the deadline of February 21, 2007 and Skyline Steel, LLC provided the lowest bid. Based on the bid materials reviewed" Skyline is a qualified, responsible bidder in accordance with the City's competitive bid ordinances. . The pilings and associated metal fabrication will be manufactured and delivered to Seward to be used in construction of a new Travelift berth. The materials will be delivered on or before August 15, 2007, and are to be installed under a separate contract (along with other construction activities). The pilings, if ordered now, woulq allow construction to proceed as scheduled. Skyline has agreed to supply the pilings, including construction and delivery in Seward, at a price not-to- exceed $1, 160,598~80. 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 intends to fund the contract through a State of Alaska legislative grant in the amount of $1.2 million. /ItV RECOMMENDATION: Council approve Resolution 2007-~ authorizing the city manager to enter into an agreement to purchase new, galv(,inized steel pilings, with Skyline Steel, LLC of Fife, Washington, for an amount not- to-exceed $1,160,598.80, and appropriating funds. 6 1~1i TRYCK NYMAN HAYES, INC. 911 West Eighth Avenue Anchorage, Alaska 907.279.0543 Fax: 907.276.7679 Email: carls@tnh-inc.com March 1, 2007 Mr. Scott Ransom, Harbormaster City of Seward PO Box 167 Seward, AK. 99664: Re: North Harbor Travel Lift Dock, Piling Procurement, Recommendation for Award. Dear Scott: As requested we h3[ve reviewed the bids for the above referenced project for technical compliance and have reviewed the overaV project budget. Review of Bids: The bids for the pil~ng procurement project include Skyline Steel for $1,160,598.80 and Richards Pipe and Pile for $1,386,566100. Upon reviewing thl#r submittal, we feel that Skyline Steel, the apparent low bidder, meets all the technical requirements oftheirequest for bids and is therefore a responsive bidder. Budget: Our design study report dated November 2006 listed a cost estimate for option 2 (the alternative we are now designing) of just over $2 million. Typically the materials costs are about one half of the total cost of construction. In the: case of steel pile structures the piling can be more than this percentage. Based on these rough estimates the:piling procurement bid is within the project budget. Recommendation for Award: Based on the fact that the bid is technically responsive and with-in budget we recommend award to the apparent low biddef, Skyline Steel. Please contact me 'Yith any questions or comments. Sincerely, TRYCK NYMAN ~YES, INC. 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'" ~ '" r r ~ o o n ^ CD C ;= o Z c;) ~---- '" >< ~ 5' .0 CD C ;<' :r C1I o 0. CITY Of SEWARD SIWJi BOAT - 81.'.. ~li . .. LNi/ISICM't NtCHTECMIC - TRYCK NYMAN HAYES, INC, '.' .11...........SUtI.- NCMllMll.MtISOl .~.,.....,._e-m.-_ I & T DOCK AND TRAVEL LIFT DOCK wIARD, IUSXA TRAVEL LIFT OOGK OPTION 2 CONCEPT PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SEWARD AND SKYLINE STEEL, LLC. BETWEEN the City: CITY OF SEWARD, ALASKA THE ("CITY") Post Office Box 167 Seward, Alaska 99664 Phone: 907.224.4077 Fax: 907.224.7187 and: SKYLINE: STEEL, LLC ("SKYLINE") 301 54th Arenue East, Suite 100 Fife, Washington 98424 Phone: 253.922.2727 Fax: 253.922.2728 The Project is: MANUFACTURE AND DELIVER IN SEW ARD~ ALASKA SHEETPILE FOR SEWARD I&T DOCK AND TRAVEL LIFT BULKHEAD PROJECT IN THE SEWARD SMALL BOAT HARBOR The Owner's Engineer is: TRYCK NYMAN HAYES, INC. ("TNH") 911 West If:ight Avenue, Suite 300 Anchorage, Alaska 99501 Phone: 907.343.0212 Fax: 907.276.7879 The City and Skylfne agree as follows: SCOPE OF WOip( Skyline shall furn~sh all materials, labor and equipment necessary to furnish, deliver and properly store, new coated sheetpile, H-pile or pipe pile, galvanized steel pipe piling, coated tie rods and walers, and associated hardware and metal fabrication for use in construction in a new travel lift berth in Seward, Alaska. The sheetpile will be installed in the Seward Small Boat Harbor under a separate contract at a later date. Sheetpile and delivery shall be as indicated in the Request for Bids and Skyline's Bid. The completed ffia:terials shall be delivered to the project site and stored in Seward, Alaska on or before August 15, 2007. : ~urchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 Page 1 of6 10 .-' ;... TERM Skyline agrees to icommence the Scope of Work of this Agreement immediately upon execution of this Agreement, whic~ shall constitute the Notice to Proceed. Work and delivery shall be complete on or before August 15,:2007. DELIVERY Skyline shall deli'1'er the materials that are the subject of this agreement in Seward, Alaska as specified in the Request for ~ids and Skyline's Bid. Skyline is expressly allocated the risk of any loss associated with the delivery pf the materials, including injury to third parties until the City or its contractor takes possession of alll11aterials ("Completion Date"). CONTRACT PRjICE The City agrees to pay Skyline the fixed sum of $1,160,598.80 thirty (30) days following delivery of completed Work ~d acceptance by the City. PRIORITY OF ~ONTRACT DOCUMENTS The Contract Documents are listed below in order of priority in the event of conflict, errors or discrepancies and ~y this reference made a part of this Agreement: I This Agre~ment. 2 Request for Bids dated January 2007. 3 Skyline Bi~ dated February 21,2007. MATERIALS ~D WORKMANSHIP All equipment and materials furnished by Skyline shall be new and suitable for the intended purposes. No substitutions i shall be made unless pursuant to a Change Order signed by the City. CHANGE ORDERS No changes shall qe made in the Scope of Work without prior written authorization by the City, approved by TNH ("Chang~ Order"). Adjustments, if any, to the contract price shall be negotiated by the undersigned or oilier person designated in writing on behalf of the parties and agreed to in advance in writing. Requests lor change orders shall be reviewed promptly upon receipt. Purchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 Page 2 of6 .- \. 11 SUBCONTRACTORS / THIRD PARTIES Skyline shall be ~ fully responsible for the acts or omissions of its subcontractors and of persons either directly or indireGtly employed by them as for the acts or omissions of persons directly employed by Skyline. Nothing!contained in this Agreement shall create any contractual relationship between the City and any subcontraptor to Skyline. , It is specifically understood between the parties that this Agreement does not make anyone a third party beneficiary, nor dpes this Agreement authorize anyone not an authorized party to maintain a lawsuit for personal injuries ~r property damage. THE CITY'S RI~HT OF INSPECTION The City or TNRi or their employees or agents may, at any time during Skyline's hours of operation, inspect the Scope pf Work and services provided under this Agreement. Such inspections are solely for the benefit of the City and not for any third person. The exercise by the City, or TNR on behalf of the City, of its rights i under this paragraph, shall not imply any obligation to inspect nor an obligation to inspect in any pa.ti.cular manner. The City reserves the right to refuse any damaged or unusable materials not of equal or be~er quality than the specifications. AMENDMENT This Agreement shall only be amended, modified, or changed in writing, signed executed by an authorized represel1tative of each of the parties. I JURISDICTION; CHOICE OF LAW The law of the Sttljte of Alaska shall govern the rights and obligations of the parties and interpretation of this Agreement. ~y legal actions arising from this Agreement shall be brought in the Superior Court for the Third Judic~al District of the State of Alaska at Anchorage. COMPLIANCE WITH LAWS Skyline shall obtaiin, at its own expense, all necessary permits, rights-of-way, or other consents from all governmental agencies and shall comply with all applicable federal, state, and local laws, statutes, regulations, and orpinances. DEFAULT, REMjEDIES, LIQUIDATED DAMAGES Skyline's failure tq comply with any representation or warranty made in this Agreement or the Skyline Bid dated January! 21, 2007 shall be considered an event of default. In addition, Skyline's failure to Purchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 oJ i,,; . f~e 3 of 6 perform any other term, covenant or agreement contained in any of the Contract Documents shall be considered an ev~nt of default. Skyline shall pay the City the sum of One Thousand Four Hundred ($1,400.00) per d.y, not as a penalty but for liquidated damages, for each day following the completion date until such default is cured and the Work is complete to the City's satisfaction. An event of default by Skyline and its refusal or inability to cure or diligently pursue a cure within the time authorized by the City, shall give ~e City the right, but not the obligation, to terminate this Agreement upon 10 days written notice to Skyline. The City, upon termination of this Agreement, shall have the right but not the obligation to accept performance of the Scope of Work up to the date of termination. Upon termination as a result of SkyHne's breach, the City shall be entitled to a full refund of all amounts paid under this Agreement provided that in the event that the City exercises its ability to accept delivery of the Work, as completed to the 4ate of termination, Seward shall pay Skyline for the Scope of Work completed to such date to the extent ~hat such Work conforms to this Agreement. Amounts owed to either party pursuant to this paragraph maY be offset. Remedies described herein are not exclusive, and the City retains all other rights and remedi9s at law or in equity. TIMELINESS Time is of the ess~nce for this contract. REPAIR OF DAMAGES CAUSED BY SKYLINE All damage and mjury to property that is caused by, or that results from the carrying out of the Work, or from any act, om.ssion, or neglect of Skyline, its Subcontractors, or its employees, shall promptly be remedied by Skyline either by the repairing, rebuilding, or replacing of the property damaged or in some other manner sati~factory to the City and to the owner of such property. In case of failure on the part of Skyline to promptly and satisfactorily remedy such damage or injury, the City may proceed to repair, rebuild, or replac~ such property as required and the cost thereof will be deducted from any monies due or which may becpme due to Skyline. In applying the above provisions, the repairing, rebuilding, or replacing of damaged property shall be I understood to inqlude the providing of temporary facilities that may be needed to maintain normal service until the required repairing, rebuilding or replacing is accomplished. I RELEASE, IND~MNIFICATION AND INSURANCE Skyline agrees tq release, indemnify, defend and hold harmless the City, its officers, agents and employees from a,pd against any and all claims, demands, losses, defense costs or liability of any kind or nature which the ~ity, its officers, agents and employees may sustain or incur or which may be imposed upon them or injufy to or death of persons, or damage to property as a result of, arising out of, or in any manner connected! with Skyline performance under the terms of this Agreement, excepting only liability ! Purchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 IP~e 4 of6 arising out of the ~ole, gross negligence of the City. Without limiting Skyline indemnification, it is agreed that Skyline shall maintain in force, at all times, during the perfo:tmance of this Agreement the following policies of insurance, with deductibles acceptable to the <tity, covering its operations: iInsurance Minimum Limits Comprehensive G~neral Liability Worker's Compen~ation/Employer Liability Automobile Liabi~ity - Covering bodil~ injury and property damage, Including all ov6ed, hired and non-owned vehicles ' Professional Liabi~ity - Covering all errors, omissions, or negligent acts in the performance of services under this Agreement $2 Million combined limit each occurrence As required by statute $2 Million combined limit per accident $2 Million per occurrence/aggregate Skyline shall procpre insurance for full replacement value and to adequately insure against the loss of or damage to the pil~ngs during shipment and at all times in Skyline possession. Costs of shipping and other insurance arb covered by the contract price. Skyline insurance [policies shall contain the following clauses: I The City, i~s officers, employees and volunteers are added as additional insurer for operations of the named insured! performed under contract with the City. 2 Any insur~ce maintained by the City shall apply in excess, of and not contribute with, insurance provided by Skyli*e. 3 All insurarice policies required by this Agreement shall contain a clause that the insurance shall not be canceled, li~ited, or non-renewed without 30 days prior written notice delivered to the City. 4 All policie$ shall be written by insurance companies legally authorized or licensed to do business in the State of Ala~ka and acceptable to the City. 5 Skyline sh~ll furnish to the City, certificates evidencing that it has procured the insurance required herein prior to commencement of the contract term. 6 All of the i~surance policies described above shall provide that the insurers waive rights of subrogation again~t the City, its officers, agents and employees. Purchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 Page 5 of6 14 ASSIGNMENT PROHIBITED I Any assignment by Skyline of its interest or responsibilities in any part of this Agreement or any delegation of dutiys under this Agreement shall be void, and any attempt by Skyline to assign any part of its interest or delegate duties under this Agreement shall give the City the right to terminate this Agreement imme4iately. This Agreement is entered into and effective when executed by both p~rties. CITY OF SEW~, ALASKA Marvin Y oder, Int~rim City Manager DATE: ATTEST: Jean Lewis, CMC,j City Clerk Date: SKYLINE STEEL, LLC Russ Storaasli, President DATE: furchase and Sale Agreement Between the City of Seward and Skyline Steel, LLC March 2007 Page 6 of6 15 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-022 A RESOfLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALAS~, ACCEPTING A GRANT IN THE AMOUNT OF $1,215.12 FROM THE ALIASKA HIGHWAY SAFETY OFFICE FOR 2007 ASTEP SEATBEL T I ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS ! WHEREAS, the Seward Police Department has been awarded a Program Coordination I Grant from the ~laska Highway Safety Office, in the amount of $1 ,215 .12; and WHEREAS, the City is not required to provide any cash or in kind match; and WHEREfAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Sey.rard Police Department for the enforcement of seatbelt violations; and WHERElAS, these funds are essential to the Seward Police Department's ability to enforce seatbe1t violationis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, tLASKA, that: Section l. The City Manager is hereby authorized to accept the 2007 ASTEP Seatbelt Enforcement, Al:lska Highway Safety Office grant in the amount of$1 ,215 .12 and enter into a grant agreement. Section 2t Funding in the amount of$1 ,215 .12 is hereby accepted to grant revenue account no. 101-0000-46~0-0200 and appropriated to the police department's overtime account, no. 101- 1210-5020. Section 3~ This resolution shall take effect immediately upon its adoption. PASSEDiAND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of March, 2007. 16 Council Agenda Statement Meeting Date: February 12, 2007 Through: Marvin Yoder, Interim City Manager From: Tom Clemons, Chief of Police Agenda Item: Alaska Highway Safety Grant (ASTEP Seatbelt Enforcement) HArKGROTTNn /& TTT~TTFTrATTON' The Alaska Hi~way Safety Office, AHSO, has requested that the City of Seward continue to participate in th~ Alaska Strategic Traffic Enforcement Partnership, ASTEP, Seatbelt Overtime Enforcement carripaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and aSsigned weekends, the Seward Police Department will conduct high-visibility I Seatbelt enforcement patrols. AHSO has awarded a grant in the amount of $1,215.12 for Jan. - Mar. I 2007. ' This program is 4100% grant funded project, with no local matching funds required. The terms of the grant and the grant budget are attached. I INTENT: The intent ofthisi grant is intended to reduce deaths and injuries by increasing compliance with Alaska's primary seat belt law. ! CONSISTENCYI CHECKLIST: Where applicabl~, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive mans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: I FISCAL NOTE: . There is no local !funding required to match these grant funds. Grant funds will be appropriated to the police departtPent overtime account. i Approved by Finjmce Department: Mfkit:;:;, ~ RECOMMENDATION: City Council ap~rove Resolution 2007-022, accepting a grant from the Alaska Highway Safety Office in the amqunt of$1,215.l2, and appropriating funds. 17 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-023 A RESO,LUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, I ALAS~, ACCEPTING A GRANT IN THE AMOUNT OF $1,518.90 FROM THE iWASKA HIGHWAY SAFETY OFFICE FOR 2007 ASTEP DRIVING UNDER! THE INFLUENCE (DUI) ENFORCEMENT CAMPAIGN AND APPRO:tRIATING FUNDS i WHE~AS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office, in the amount of$I,518.90; and I 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 Se~ard Police Department for the enforcement ofDUI violations; and I WHEREjAS, these funds will be of essential assistance to the Seward Police Department in the enforcement pf DUI violations. . NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, tLASKA, that: Section~. The City Manager is hereby authorized to accept the 2007 ASTEP DUI Enforcement, Al4ska Highway Safety Office grant in the amount of$1 ,518.90 and enter into a grant agreennent. I Section Z. Funding in the amount of $1,518.90 is hereby accepted to grant revenues account no. 10 l-QOOO-4680-0200, and appropriated to the 2007 budget, account number 101-1210- 5020. I Section 3f This resolution shall take effect immediately upon its adoption. P ASSEDAND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of March, 2007. 18 Council Agenda Statement Meeting Date: March 12,2007 To: Marvin Yoder, Interim City Manager From: Tom Clemons, Chief of Police CONSISTENCY! CHECKLIST: Where applicabl~, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive ~lans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: i FISCAL NOTE: . There is no locall funding required to match these grant funds. Funds will be appropriated to the police departme9t's overtime budget. Approved by Finrce Deparbnenl: :Ji~ ~ RECOMMENDATION: City Council appfove Resolution 2007- 6~3 , accepting a grant from the Alaska Highway Safety Office in the am9unt of$1,518.90, and appropriating funds. 19 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-024 A!RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $45,000 FOR LIFT I STATION CONTROL RECONFIGURATION MATERIALS WHEREAS, the City of Seward was awarded two flood mitigation grants to mitigate flooding at the Nprth end ofthe lagoon along Dairy Hill Lane and to mitigate flood damage at #1 Lift Station in th~ North parking lot of the Small Boat Harbor (Resolution 2005-38 and Resolution 2005-39); and 1 WHEREJAS, the two projects were delayed due to the necessity of amending the grant; and WHEREjAS, the cost of completing both projects would require a significant amount of additional fundi~g and time for hydrological studies; and WHERE[AS, it was recommended by Scott Simmons (State of Alaska Hazard Mitigation Officer) to reque~t a transfer ofthe Dairy Hill Culvert grant to the Lift Station Project; and \ WHEREIAS, the City was required to submit a new scope of work, cost benefit analysis and grant amendment request to the Department of Military & Veterans Affairs Division of Home Land Security; and i WHEREfAS, the City of Seward has forwarded the necessary submittals to the Department of Military & V e~rans Affairs Division of Homeland Security and is waiting for final approval from FEMA Region 1 P for the transfer of funds from the Dairy Hill Culvert grant to the Lift Station grant project; and i WHEREiAS, to complete this project by the grant deadline of May 27, 2007 it is necessary for the City of Se!ward to procure the electrical components at an estimated cost of $45,000, which will allow the pr6j ect to be complete by the grant deadline. , NOW, TlIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: ! Section 1. The City Manager is hereby authorized to appropriate $45,000 from the Wastewater Reserves account no. 703-0000-3071-0866 to Lift Station Control Fund no. 866-8664- I 5440 to procure *e necessary electrical components needed to complete the Lift Station #1 control reconfiguration project. Section 2~ This resolution shall take affect immediately upon its adoption. PASSED AND ~PPROVED by the City Council of the City of Seward, Alaska, this 12th day of March, 2007. : ~ \.- 20 Council Agenda Statement Meeting Date: March 12, 2007 From: Marvin Yoder, City Manager W.e. Casey, Public Works Director j.e. Through: Agenda Item: Appropriating funds for #1 Lift Station Mitigation Grant materials procurement BACKGROUN~ & JUSTIFICATION: I I The City of Sew~d, as part of their ongoing efforts to mitigate flooding within City limits, applied for and was awmfied two flood mitigation grants in the spring of2005 (reference Resolution 2005-38 and Resolution 2005-39, May 2005). One of the grants was to mitigate flooding at the north end of the lagoon alon~glDairy Hill Road and the other grant was to mitigate flood damage .at th. e lift station in the north p 'ng lot in the Small Boat Harbor. Staff discussed these grants at length and determined that neither of these projects could be accomplished without the City of Seward contributing si ,ificant additional City funds, since the grant funds were not sufficient to fund the projects. I Th~se projects ~ere postpone~ as Public W~rks staffw~rked on pr~paring for ~he 3rd ~ve. wa~er mam upgrade th~t occurred dunng the 0-8 MIle Seward HIghway Project. Staff dId have dIalog WIth Mr. Scott Simmdns (State Hazard Mitigation Officer), and in the fall of2006, Mr. Simmons advised the City to requ~1 t a transfer of the Dairy Hill Culvert money to the Lift Station project (which staff identified as our priority) so as to enable us to utilize the grant funds before they lapsed (May 27, 2007). As a res ,It of the City of Seward requesting a transfer of funds, the City was required to submit a new sCcWe of work, cost benefit analysis, etc. The required protocol for the transfer of funds has been compl~ted and submitted to the Department of Military & Veterans Affairs, Division of Homeland Securtty and Emergency Management. We have been advised that FEMA Region 10 has received all ofth!e necessary documents and approval is imminent. I The City has fiIiished designing the flood mitigation improvements, prepared the construction documents, issu~d an invitation to bid, scheduled a pre-bid conference and set the date for the I opening ofbids.IIn order for us to meet our grant deadline we need to procure some of the major , electrical compoiIents now. Waiting and including the electrical components in the construction bid will not allow for completion of the project by the deadline of May 27,2007. Manufacture of the electrical components requires that it be done by a UL Listed manufacturer, and CRW, on the City's behalf, is soliciting quotes from three companies for this work. It is CR W' s estimate that procurement ofthese owner-supplied materials will cost approximately $40,000-45,000. Staffhas determined that i~ is in the City's best interest to procure the electrical components and make them owner-supplie~ raterials in the construction bid. The construction contract will be coming to the Council at the Ml'ITch 27th meeting for approval. , ,n 21 i CITY OF SEW ~ Resolution 2001-024 The engineers e$timate for the total project is $135,000. Contingent upon FEMA approval of the transfer of fund~, the $74,100 in grant funds will not be sufficient to complete the project. An additional appro~riation of funds from the Wastewater Department will be necessary for this project. The $45,000 appropriation being requested now, will procure electrical components and, upon FEMA approvali of the transfer of funds and submittal of construction bids, staff will bring the request for appiopriation of additional funds from the wastewater fund to Council with the authorization to ~ward Resolution on March 27th. ! CONSISTENCY CHECKLIST: Where applicabl~, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land UselPlans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Funding in the ainount of $46,000 from the State of Alaska Department of Military and Veterans Affairs was awmjded to the City of Seward in 2005 (account no. 866-8664-5930), for elevating the controls at #1 Li' Station. Funding for advance procurement of electrical components for the # 1 Lift Station Mitigatiol..n Project will require a transfer of funds from the wastewater reserves to account no. 866-8664-59~0 in the amount of$45,000. These funds were not anticipated in the 2007 budget. i Approved by Fi9ance Department: ~~ RECOMMENDATION: City Council app ove Resolution 2007-024, authorizing the appropriation and transfer of$45,000 from wastewater etained earnings account no. 703-0000-3071-0866 to account no.866-8664-5930 for the advance ~rocurement of electrical components for the #1 Lift Station Mitigation Project. I ,) i_, 22 , I I City of Seward, AldJca February 26, 2007 I I CALL TO O~ER I City Council Minutes Volume 37, Page The following w~ a ! The FebIilary 26,2007 regular meeting of the Seward City Council was called to order at I 7:30 p.m. by Mayor Vanta Shafer. [ i OPENING CEREMONY I i Police C*efTom Clemons led the pledge of allegiance to the ROLL CALL j There were present: V ~ta Shafer presiding and ~illard Dunham Bbb Valdatta J~ Bardarson ! comprising a qU9rum of the Council; Kirsten Vesel, Assistant J e~ Lewis, City Clerk i ABSENT - Nonf EXCEPT THOSE ITEMS SCHEDULED Approval of Agenda and Consent Agenda Resolution 2007+020. allowing the city manager to enter into a contract with Air Exchange Inc. for the project ~t the Seward Fire Department for a vehicle exhaust capture and removal system. I Motion Passed Unanimous The clerk read thF following approved consent agenda items: 23 City of Seward, Al$ka February 26,20071 ! City Council Minutes Volume 37, Page. The February 12, 2007 regular city council meeting minutes were approved. I I I The renewal of~he liquor license for the New Seward Hotel/New Seward Saloon was approved. ! Applicants Tom Smith, Marianna Keil and Sandra Roach were approved for another three year term on t~e Seward Planning and Zoning Commission to expire February 2010. . i Resolution 2007-020. allowing the city manager to enter into a con for the project lat the Seward Fire Department for a vehicle system. I with Air Exchange Inc. st capture and removal SPECIAL ORl{ERS, PRESENTATIONS AND REP Proclamrtions and Awards - None tative Ron L ported that ior citizen and disabled veteran t failed to be introduced. He said it . nance to change the sales tax rate was introduced and would have ave an executive session on anager Kirsten Vesel read the city manager FEMA had stated city staff did a fantastic job e also preparing to do 4th Avenue paving this ed for Saturday, March 3,2007 which would ectations, 0 well-being for the city, and tie into the recent Other mentioned items were: . There had been meetings with Fish & Game and other permi . ng process, and reported progress was made and some vailable in Juneau. ~ djustment hearing at the Kenai Peninsula Borough on the vacation of Street plat was March 15,2007 at 10:00 a.m. Staffwould be attending. ~ F~ends of Jesse Lee Home had received a Rasmussen grant for the school model, and h'l-d raised $100,000 so far this year. ! ~ T~e city was awarded the certificate of need by the state for the Long-Term Care F~cility. Chambe~ of Commerce Report. President Ron Hewitt stated they had met with officials in the halibut ind~stry to discuss the changes in the halibut limits. The Chamber was partnering with 24 i i City of Seward, AI~ka City Council Minutes February 26,20071 Volume 37, Page the Alaska Sealite Center in organizing an indoor golffundraiser, with the proceeds going towards fish restoration.lHewitt reported that Chamber Director Laura Cloward had went to the PAC COM Conference and ~ad presented new branding ideas to the Kenai Peninsula Borough in attempts to generate more v~sitors to the Peninsula. Another discussion about varied views with the newly formed Alaska qruise Ship Association had went well. esel stated this resolution was to approve the cost amount which ommended approval. Notice ofthe pu*ic h ng being posted and published as required by law was noted and the public hearing was ope~ed. No one appeared to address the Council and the public hearing was closed. ! , Seward :planning and Zoning Commission report. Commission Chair Marianna Keil thanked the staf~for the excellent job on organizing the community va eetings. She said it was a well attended ~eeting with good ideas that needed to be incorpora the Comprehensive Plan. She ParticularlY~.liked the booths of the Library and Parks & Rec . Keil notified the council of an upcoming wo k session with the Seward/Bear Creek Floo ea Board, and two public hearings which onsisted of possible removal of the heli ce, an 'ance to construct the restrooms on thel fill area in the small boat harbor. I ! were set to approve the teachers and 'bly 15 more in Juneau and had lobbied the for the school while theywere in base student allocation, adopting ther priorities addressed were; education, and revisiting the Hohl urged th I I PUBLIC HEARIN I he Special Assessment Roll Of The Elhard Electric For The Levy, Payment Terms, And Penalties Of Council member Bardarson disclosed a conflict ofinterest as being a co-signer on one ofthese parcels of prop~. Mayor Shafer d~clared a conflict existed, and Bardarson left the dais. ! 25 City of Seward, Al ka Februa 26, 2007 I Motion (Thom,s/ Amberg) I City Council Minutes Volume 37, Pa e Approve Resolution 2007-011 Motion Passed I I Yes: Schafer, Valdatta, Thomas, Amberg, Dunham, Mayor Shafer Abstain: Bardarson i UNFINISHED BUSINESS I Items for Recortsideration I ! Motion (May01 Shafer/Dunham) Schafer thOUght changing auditors was a good was qualified an~ he wanted to go with the cheaper ! . . Thomas ftated Mikunda was the succes cntena. i Amberg d>bjected with Mikund quote. She questioned local preference ! Valdatta stated Mi I I ers were qualified and had a lower was appropriate. time. 't believe in low bid all the Bardarson I rence was spread over a 3 year period. Yes: Dunham, Bardarson, Amberg, Schafer, Mayor Shafer No: Thomas, Valdatta g a contract with Mikunda, Cottrell & Co. for external audit 07 and 2008. I Motion (Thomar on) (motion from previors 2/12 7 council meeting) Approve Resolution 2007-010 as previously amended with Mikunda, Cottrell & Co. Dunham -yvanted to stick with the low bid and thought there was added cost to our staff time. . Bardarsoi' stated teaching new accounting firms how you do things would take up more staff tIme. Amberg ~aid the audit teams were young in any audit firm, so wasn't sure that was a valid argument. She t1}ought it was healthy for a new set of eyes and ears to conduct the audits. I 26 City of Seward, Alafka February 26, 2007 i ! City Council Minutes Volume 37, Page Bardarsop researched agencies in Kodiak and Unalaska who had experience with both firms. One place was n+t confident with Altman and Rogers, and felt Mikunda had a broader depth in their staffing and gav~ returns more expediently and on time. They also stated Bost was a great year- round resource, ~d with the new auditing standards being implemented within the next two years, Mikunda would be the best. Another stated they would change firms from Altman and Rogers to I Mikunda if the~ could. There were mistakes, the auditing price had increased, and they had problems receivtng their reports without hounding for them. They Altman and Rogers did mostly school dirtricts, therefore cities played second fiddle. Mayor Si' afer and Thomas agreed this was not a good always gave the eports on time. tion and noted John Bost Amendment (Arberg/Dunham) Amendment Pa~sed ! Main Motion Passed i , Valdatta, Thomas, Mayor NEW BUSINE~S The City Manager To Enter Into An Extension Of The es, Inc. To Provide Engineering And Design Services For ulkhead In The Small Boat Harbor For An Amount Harbo nsom stated this was an extension of fees for Tryck Nyman & Hayes (TNH) who were ign work for the I&T dock and travel lift bulkhead project. An RFP went out last sprin ing the City had two million dollars to work with. This RFP was reviewed, observ~d an NH won the bid. After the signing of the contract, another 2.2 million was secured from DE~ in Juneau. This expanded the project, thus allowing for bulkhead completion, 100 amp 3-phrase power to the T dock, and environmental cleanup of minimal amounts of diesel in I the comer. This fequires additional permitting. Motion (ThOmafBardarson) Approve Resolution 2007-019 In responSe to questions, Ransom explained this did not have to go out for an additional RFP. It was the same project that was contracted out earlier. With the receipt of additional funds, the 27 I City afSeward, Aldska February 26,20071 I scope of the work was being extended. work was needed. I I City Council Minutes Volume 37, Page With the change in the scope of work, additional design Motion Passed i i Unanimous OTHER NEW ~USINESS I An annual join~ work session with the Seward Planning & Zonin for Tuesday, Miarch 27, 2007 at 6:00 p.m. I I mission was scheduled INFORMATI9NAL ITEMS AND REPORTS (No actio A letter was prQposed by The Auction Block Co. ab uplands for devdIopment of a commercial fish proc ! I COUNCIL COrrMENTS Amberg I requested a welcome brochure. ation of additional sion project. t. He congratulated Assistant I who worked so hard getting Safari who was working with the base in oumament in May to show appreciation and T hoped more boats would donate time, and s offer to show appreciation for the veterans imp t to establish an energy program in Seward. He notified the Deve opment position for a citizen of Seward that was still being ommunity must do something because the staffing at our schools reflecting on the community to recruit families and the bleeding ort soon on the Library/Museum project. Mayor Sbafer ad just come back from a trip to Thailand. She also was disappointed I Siemens did not ~ome down to give a presentation. Mayor Shafer hoped to follow recommendations from other cities,! and start an energy policy of our own. She thought the senior siding would help with energy effiqency and that the city needed to come up with solutions ourselves. She stated global warming tas a discussion among tour guides in Thailand. i 28 i City of Seward, Ala~ka February 26, 2007 i City Council Minutes Volume 37, Page ; CITIZENS' CQMMENTS i ! Tim Mc~onald, had just come back from overseas. He thought countries in the world were way ahead of Seward. He offered a web site on wind power, www.windsave.com. which was a British Compan~ that makes a generator that cuts energy bills down 30%, with the government assisting. McDohald stated the United States uses twice the amount of juice with 110 power. He reiterated his sadpess and disappointment on not being able to vote on the vacation of Washington Street. He thou@1t this was an act of betrayal and was not what the . ority of the constituents wanted. I s; PERS/TRS and school h. He stated the new r legislators around the audit and yer dollars, s' research, and the conversation ision. She thought the community tioned that the revenue to expenses , COUNCIL AND ADMIN i S' COMMENTS Schafer ~ugg built, that would Is which stated the tev i rder, in case the Mary Lowell Center did not get ack to the city. He read a portion of the code be offered monthly. not blow $20,000 on the generators. These are tive report, Senator Stevens appeared to be endorsing a I Motion (Amberg; ! Go into executive session for city clerk evaluation. Motion Passed Unanimous Went into execu~ive session at 9:14 p.m. Came out of exe~utive session at 9:20 p.m. I 29 i i , City of Seward, Ala~ka February 26, 2007 I I i ADJOURNME~T I City Council Minutes Volume 37, Page , The meeting was adjourned at 9:20 pm. I I Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) 30 I I I I City of Seward, AlJpka March 6, 20071 City Council Minutes Volume 37, Page CALL TO ORfER ! The Marfh 6, 2007 special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor 'l'anta Shafer. i Review And D sc discussion ensue~. I ! EXECUTIVE S~SSION Motion (DunharAmberg) OPENING CEfEMONY i Linda ~berg led the pledge of allegiance to the flag. i I ROLLCALL I I There ~,re present: ~~Ianta Shafer presiding and 'Yillard Dunham Steve Schafer J ~an Bardarson I i comprising a qu~rum of the Council; and , Marvin Yoder, City M Jean Lewis, City Clerk i ABSENT - Bob! Valdatta : CITIZENS' cq FOR PUBLIC f APPROV EXCEPT THOSE ITEMS SCHEDULED Approval of Agenda Unanimous Manager Candidates And Their Essay Question Results - No Go Into Executive Session To Evaluate And Discuss Entering Into A Conditional Employment Offer With A Candidate For City Manager, Subject To Successful Negotiations And A Criminal Background Check. 31 I City of Seward, AIJka March 6, 2007 : City Council Minutes Volume 37, Page Motion Passed : Went into exec~tive session at 12:03 p.m. Came out of ex~cutive session at 12:34 p.m. ! Motion (Dunham/Bardarson) I Unanimous Enter Into An Employment Agreement For City Manager W' h Phillip Oates, Subject To Successfu tiations And Criminal Backgrou ck. Motion (Schafet/Thomas) I Steve Schafer And rd Dunham To reement With Manager COUNCIL CO~MENTS All members agreed, and were h I choose from. I ! Dunhamland and also thanked ~nt comments. The~ a good to have a diJfficu I CO RESPONSE TO CITIZENS' COMMENTS - None Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) 32 .- I . ---''-'''-.... J , r.1 ~EOSU I I ! C ITV SECTION OF INTERNATIONAL RI!LATIONS #100 Hakdong, Yeosu City, Republic of Korea Phone : (82)-(61)-ti9()..7228, FAX: 690-7229 ,,~~ FAX TRANSMITTAL ~ATE : TI 0: Feb. 23, 2007 Her Worship, Vanta Shafer, Seward City, Alaska, USA John Q. Yuh Intemational Coordinator Yeosu City, Korea Mayor 10M : LETTER OF INTENT i \/l::fJ "'~ 28 ()!-~:'\t:Je''\ ':. i'';,t'i-~:t:. o{:: .,..', , ~,'~f; 1, y. ^. r 1j ~.~ ~-~ . , , '.' ""I [[:ib.l.~' I't:;: '."""~"~'K Dear Ms. '1' anta Shafer: _t ,,~ Crcctings ftom Yeosu, Scenic City of Sea, Flowem and Light! As Interna10nal Coordinator of Yeosu City Govemment, I am hnnnnad to iconvey the Intention of the Organizing Committee for I OUl' annual ]Jinnamje Festival; should you accept lhis propu~ uf I Ule O.rgan~.s... you would he cordially invited with your city delegation ,*p to 5 persons induding yourself to our City of Yeosu as o~ specical guests for the 41st Tinnamie Yeosu Turtle Ship Festivat whit"h will be held from the 10th through 14th day ! , ,'~ 33 U~ ,."" . U,' t:Il.JI"",=, TLO'..;uclTY r.2 , , of this ! coming April, 2007. All the expenses for hotel I accomm~tlion5, meaIs_ and tcane.purtatiuntt during yuur e.tay in Yeosu snar be borne by the City Government of Yeosu. Please be lour guesbl and bt- a part of the Festival. It will be nice I to see yod and let's seek a better way to strengthen the sisterhood rclations ~ our two cities in the future. Should you accept this 5ugg~sLioll uf mine, please send me a Letter of Acceptance I , and then ~n Official Letter of Invitation by the Mayor of Yeosu City w0u11 be immediately sent to you. You will als~ be asked to send us a i list of your city delegation il.l1d of your Folklore Dance Team as 890n as pU!te.ible. l.nn1cing f~ard to having your .-eply at your ear1iest convenience. ! Best wishe~f ~~~ Jobo Q. Yoh I ! IntematioDfJ Coordinator of 'Yeosu City Republic of Korea i 34