HomeMy WebLinkAbout06282010 City Council Packet Seward City Council
Agenda Packet
.....
, ..
4
1 Ir
oh w
Summertime!!
June 28, 2010
City Council Chambers Beginning at 7 :00 p.m.
1963 1965 2005 The City of Seward, Alaska
of se
1
Itiatirg CITY COUNCIL MEETING AGENDA -,
II
f ® {Please silence all cellular phones and pagers during the meeting} c 4
g} asv
June 28, 2010 7:00 p.m. Council Chambers
1. CALL TO ORDER
Willard E. Dunham 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have
Jean Bardarson signed in will be given the first opportunity to speak. Time is limited to
Vice Mayor 2 minutes per speaker and 30 minutes total time for this agenda item.]
Term Expires 2010 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
of Consent Agenda passes all routine items indicated by asterisk ( *).
Robert Valdatta Consent Agenda items are not considered separately unless a council
Council Member member so requests. In the event of such a request, the item is returned
Term Expires 2011 to the Regular Agenda]
Tom Smith 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Council Member A. Proclamations and Awards
Term Expires 2011 1. Award Gold Pan To Tom Swann For Almost Ten Years Of
Service On The Historic Preservation Commission.
Vanta Shafer 2. July Is National Parks And Recreation Month Pg. 3
Council Member 3. A Welcome For The Rasmuson Foundation Celebrating Their
Term Expires 2011 55 Anniversary p 5
Marianna Keil B. Borough Assembly Report
Council Member C. City Manager's Report
Term Expires 2010 D. Mayor Report
E. Other Reports and Presentations
Linda Amberg
Council Member 7. PUBLIC HEARINGS - None
Term Expires 2010 8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
Phillip Oates A. Resolutions
City Manager
*1. Resolution 2010 -057, Authorizing The City Manager To Enter Into A
Jean Lewis Contract With Northern Geotechnical Engineering, Inc. /Terra Firma
City Clerk Testing To Provide Geotechnical Explorations At The Site Of The New
Seward Community Library And Museum And Appropriating
Cheryl Brooking Funds Pg.6
City Attorney
*2. Resolution 2010 -058, Endorsing The South Harbor Uplands Tryck
Nyman Hayes Conceptual Development Plan Option Two As Attached.
Pg 19
City of Seward, Alaska Council Agenda
June 28, 2010 Page 1
B. Other New Business Items
*1. Approval Of The June 14, 2010 City Council Regular Meeting Minutes Pg. 52
2. Discuss And Prioritize The Council Travel Budget For 2010 /11, And The Remaining
Commitments ie; Paying $750 For The Conference Of Mayors On The Peninsula If
They Organize It, Wada Commitments, Any Trips To Japan, Mural Society, Korean
Invites, Newly Elected For AML, etc .Pg. 60
3. Discussion For Developing An Action Plan On Navigability Pg. 71.
4. Discussion Whether To Appropriate Funds For The Purposes Of Copying Materials
To "Vote No On Proposition #1" Referred To As The Gag Law, That Will Be On The
Alaska Primary Ballot.
*5. As AML /JIA Membership, Accept The Board Of Trustees' Recommended Changes
To The Cooperative Participation Agreement And Bylaws By Authorizing The
Signing Of Signatory Page 11 Pg. 72
10. INFORMATIONAL ITEMS AND REPORTS (No action required)
11. COUNCIL COMMENTS
12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak]
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
14. ADJOURNMENT
City of Seward, Alaska Council Agenda
June 28, 2010 Page 2
JULY IS RECREATION
AND PARKS MONTH
WHEREAS, physical recreation and meaningful leisure experience
contribute to physical and mental well -being as well as the
overall quality of life; and
WHEREAS, community recreation and leisure opportunities create
socially beneficial connections between and among
individuals, groups, and communities; and
WHEREAS, parks and recreations services provide preventive health
benefits, support more productive workforces, enhance
the desirability of locations for business and families, and
stimulate tourism revenues to increase a total community
economic development model; and
WHEREAS, the provision and preservation of parks and open spaces
are both an investment and insurance plan for our
collective quality of life,
NOW, THEREFORE, BE IT RESOLVED THAT JULY HAS BEEN
DESIGNATED AS RECREATION AND PARKS MONTH by the National
Recreation and Park Association; and
BE IT FURTHER RESOLVED THAT all citizens of this great city join in
this nationwide celebration bringing recognition to all the benefits derived
from quality public and private recreation and park resources at the local
level.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska,
this 28th day of June, 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
3
Agenda Statement
Meeting Date: June 24, 2010 ' � °� sEk
From Karin Sturdy, Parks & Recreation Director
Through: Phillip Oates, City Manager 4144---
Agenda Item: July is National Recreation & Parks Month
The National Recreation and Parks Association (NRPA) 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 of today's most
pressing social issues. NRPA 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 a job 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, enjoy the view from the Obihiro Gazebo, grind in the Skate Park, play some tennis
or outdoor hoops, barbecue, fish at First Lake, climb Mount 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
Giving 110% in 2040!
PROCLAMATION
WHEREAS, the Rasmuson Foundation was formed in 1955 by Jenny Rasmuson
and son Elmer Rasmuson; and
WHEREAS, since the time of inception the Rasmuson Foundation has lived by the
mission statement "to promote a better life for Alaskans "; and
WHEREAS, the Rasmuson Foundation invests in individuals and organizations
who wish to improve the quality of life for Alaskans through financial support; and
WHEREAS, 18 awards totaling $622,174 have been given to the Seward
community, as well as $100,000 in matching grant funds to the Seward Community
Foundation; and
WHEREAS, Seward is very appreciative of all support given by the Rasmuson
Foundation over the years including the Foundation's support of the PickClickGive
program, which had participation from five Seward nonprofits this year; and
WHEREAS, the Rasmuson Foundation will be in Seward June 30 and July 1, 2010
to conduct a board meeting and celebrate its 55 anniversary; and
WHEREAS, the City Council is honored to welcome the Rasmuson Foundation to
Seward. We wish them a successful event and congratulate them on this terrific
accomplishment.
NOW THEREFORE I, Willard E. Dunham, Mayor of the City of Seward, do
hereby welcome the Rasmuson Foundation to Seward, extend well wishes and
congratulations on their 55 Anniversary, and thank them for their constant service and
dedication to promote a better life for Alaskans.
Dated this 1st day of July, 2010.
Willard E. Dunham, Mayor
._ 5
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -057
A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF
SEWARD, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH NORTHERN GEOTECHNICAL ENGINEERING,
INC. /TERRA FIRMA TESTING TO PROVIDE GEOTECHNICAL
EXPLORATIONS AT THE SITE OF THE NEW SEWARD COMMUNITY
LIBRARY AND MUSEUM AND APPROPRIATING FUNDS
WHEREAS, in accordance with Seward City Code 6.05.020 Minor Purchase
Procedures, the City of Seward, through RISE Alaska, obtained four quotations for geotechnical
explorations at the new Seward Community Library and Museum site; and
WHEREAS, Northern Geotechnical Engineering, Inc. /Terra Firma Testing (Northern
Geotechnical) submitted the lowest bid; and
WHEREAS, RISE Alaska and ECI /Hyer, Inc. reviewed the boring plan and deemed the
bid qualified and responsive; and
WHEREAS, Northern Geotechnical's proposal was for a project total cost not -to- exceed
without prior written approval $9005.00; and
WHEREAS, the scope of work includes 1) Field Explorations including four borings, 2)
Laboratory Testing of the samples obtained, and 3) a final written report of the laboratory
analyses and site recommendations; and
WHEREAS, the Seward Community Library Museum Building Committee (SCLMBC)
will transfer the required funds to the City's designated account to finance this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is authorized to enter into a contract with Northern
Geotechnical Engineering, Inc. /Terra Firma Testing in the amount of $9,005.00.
Section 2. A contingency of ten (10) percent of the contract is hereby authorized for a
total price not -to- exceed $9905.50 for the Field Explorations, Laboratory Testing and Report.
Section 3. Funding in the amount between $9,005.00 and $9,905.50 will be provided by
the SCLMBC to cover the cost to conduct geotechnical explorations and appropriated to the
Seward Community Library Museum Project fund account number 826- 8264 -4100.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day
of June, 2010.
Council Agenda Statement �of sets,
Meeting Date: i.,,vn e ZS 2_0%o
o
Through: City anager, Phillip Oates
From: Community Development Director, Christy Terry
Agenda Item: Resolution 2010- Terra Firma Testing at the site of
the new Seward Community Library and Museum
BACKGROUND & JUSTIFICATION:
Since 2003, the City of Seward, Seward Community Library Association and the Resurrection Bay
Historical Society have been planning to co- locate the Community Library and the Seward Museum to a
new facility. Co- location will create efficiencies of service and space as well as providing the amount of
space needed to meet the existing and future needs of these organizations.
The Council approved the Library Museum Schematic Design Concept with a 16,295 sq ft two story
building comprised of a footprint of approximately 8,700 sq ft and associated utilities, parking, landscape
and concrete pedestrian footpath. At this phase of the project geotechnical work is the next step required
before additional design work. The Project Executive Committee approved funding this work and moving
forward with obtaining Council approval.
The quotations received where as follows: Northern Geotechnical: $9,005.00; Golder Associates:
$14,000.00; Shannon & Wilson: $10,735.00 and Dowl HKM: $12,251.00. Seward City Code §6.05.020 B
Minor purchase procedures requires, when possible, at least three written or oral quotations and for the
purchase to be awarded to the lowest qualified bidder. While this dollar amount is within the City
Manager's purchasing authority, the Council must approve the appropriation of funds.
Northern Geotechnical's proposal was judged responsive and qualified by RISE Alaska and ECl/Hyer, Inc.
Northern Geotechnical's scope of work includes three tasks: 1) Field Explorations to include four 10 -35
foot borings, 2) Laboratory Testing ofthe samples obtained, and 3) a final written report ofthe laboratory
analyses and site recommendations. The scope of work is described in greater detail in their attached
proposal.
INTENT: Approve a contract with Northern Geotechnical Engineering, Inc. /Terra Firma Testing for
Geotechnical Explorations at the site for the new Seward Community Library.
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 ofProcedures.
Other: SCC §6.05.020 B Minor purchase procedures.
FISCAL NOTE: This action proposes to utilize non -City funds for the purpose of the required
geotechnical work. This action proposeOy at these funds will be transferred by the SCLMBC to the City.
Approved by Finance Department: Je , 1 6 /2 0
ATTORNEY REVIEW: No
RECOMMENDATION:
Approve Resolution 2010 - into a contract with Northern Geotechnical Engineering, Inc./ Terra
Firma Testing at the site of the new Seward Community Library and Museum and appropriating funds.
7
NORTHERN GEOTECHNICAL ENGINEERING, INC. / TERRA FIRMA TESTING
Laboratory Testing Geotechnical Engineering Instrumentation Construction Monitoring Services Thermal Analysis
April 13, 2010 Proposal 10 -69
Rise Alaska, LLC
880 H Street, Suite 101
Anchorage, AK 99501
Attn: Kent Crandall
RE: COST PROPOSAL TO CONDUCT GEOTECHNICAL EXPLORATIONS
AT THE SITE OF THE PROPOSED SEWARD COMMUNITY LIBRARY
AND MUSEUM, SEWARD, ALASKA
Kent,
Per your request, Northern Geotechnical Engineering, Inc. (NGE) is pleased to present
this cost proposal to conduct geotechnical explorations at the above referenced site.
The site is located at the southwest corner of the intersection of Adams Street and Sixth
Avenue in Seward, Alaska. The legal description of the site is Lot 1A, Block 8 of the
Seward Original Townsite. The site is relatively flat and clear and currently contains two
small buildings, a concrete slab, and associated fences (Figure 1). The existing buildings,
concrete slab, and portions of the existing fence are to be demolished in preparation for
construction.
Proposed improvements to the site include the construction of a multi -story building with
a footprint of approximately 8,700 ft and associated utilities, paved parking areas, and
concrete pedestrian footpath.
Scope of Work
The proposed work is divided into the tasks described below.
• Task 1 — Field Explorations. Four borings are proposed as shown on the
attached drawing (Figure 1). The borings will be extended to 10 -35 feet below
the existing ground surface (bgs). A representative of NGE will be onsite to
select the borehole locations and collect appropriate samples for laboratory
analysis. Samples will be obtained at 2.5 ft intervals to 10 ft and then at 5 ft
intervals to the depth of exploration. Soil samples collected during the drilling
3
Seward Community Library & Museum Proposal 10 -69
Rise Alaska
April 13, 2010
activities will be sealed in air -tight bags (to preserve the natural moisture content
of the samples), labeled accordingly, and returned to our lab for further
identification and testing. The boreholes will be subsequently backfilled with
drill cuttings.
• Task 2 — Laboratory Testing. All of the samples obtained in the field will be
returned to the lab for further identification and testing. The soil samples will be
tested for index properties and frost classification as appropriate. The index
property tests may include moisture content, particle size distribution, and organic
content. Frost classification testing will be performed on the siltier, near surface
soils that may affect the performance of paved areas on the site. The numbers of
each test may be altered depending on the materials encountered.
• Task 3 — Report. A final report will be prepared which will present the data
collected in the field; including graphical borehole logs depicting the subsurface
conditions encountered at each borehole. The report will also include the results
of the laboratory analyses, as well as engineering recommendations for future
foundations, pavement sections, and utilities based on the lab results and
observations made in the field. Seismic design parameters based on the 2006
code will also be provided.
Schedule
The tasks described above can commence immediately upon receipt of written approval
to proceed. Field activities can usually be completed in about 10 business days,
depending upon drilling contractor availability and resolution of any utility conflicts.
The lab work can usually be finished in about 10 days, depending on the backlog in the
lab at the time. Interpretation of the laboratory data, preparation of the boring logs and
figures, and finalizing the report will be completed about two to three weeks following
receipt of the laboratory test data.
Assumptions and Cost
Cost to complete the work is presented on the table below. These costs include a 10%
markup for outside services handled through this office. The costs assume that the
borehole locations can be accessed using a truck- mounted drill rig and that all of the
drilling can be completed in one, 10 -hour work day (including mobilization of drill rig
to /from Seward). Any additional time spent drilling or mobilizing to /from the site will be
billed at the standard hourly drilling rate of $295 /hr. The costs assume that the field
NGE -TFT Page 2
11301 Olive Lane, Anchorage, AK 99515
Seward Community Library & Museum Proposal 10 -69
Rise Alaska
April 13, 2010
representative for NGE will need to mobilize to Seward a day in advance to verify utility
locates and site access (some of the existing fencing may need to be removed to access
the proposed drill sites). The costs include a per diem rate to cover lodging and meals for
the NGE field representative. NGE is not responsible for surveying the proposed
building comers or boring locations, and boring locations will be estimated from the
drawings provided by the client. Billing will be on a time and material basis, using the
rates shown below. The total cost will not be exceeded without prior written approval.
COST ESTIMATE
Quantity Rate Subtotal Total
TASK 1 - FIELD EXPLORATIONS $5,313
Site Evaluation /Utility Locates 0.75 $1,000 day $750
Drilling (includes Mob /Demob) 1.0 $3,300 day $3,300
Geotech Geologist 1.0 $1,000 day $1,000
Per Diem 1.0 $263 day $263
TASK 2 - LABORATORY TESTING $1,172
Geotechnical Analysis
Moisture Content 28.0 $14 ea $392
Grainsize 2.0 $90 ea $180
Frost Classification 2.0 $185 ea $370
Percent Passing #200 4.0 $45 ea $180
Organic content 1.0 $50 ea $50
TASK 3 - REPORT $2,520
Engineering Analysis 2.0 $160 hr $320
Laboratory Compilation 4.0 $100 hr $400
Drafting Logs and Figures 6.0 $100 hr $600
Report 12.0 $100 hr $1,200
PROJECT TOTAL $9,005
NGE -TFT Page 3
11301 Olive Lane, Anchorage, AK 99515
Seward Community Library & Museum Proposal 10 -69
Rise Alaska
April 13, 2010
The work will be completed in accordance with the attached terms and conditions.
Approval of the above scope and cost can be authorized by signature below. A fax copy
(344 -5993) of this signed last page of the proposal returned to this office will constitute a
notice to proceed.
This opportunity to propose on this work is greatly appreciated. If you wish to change the
scope or have any questions, please do not hesitate to contact me at your convenience at
(907) 344 -5934.
Sincerely,
Northern Geotechnical Engineering, Inc.
/
Y �4414
Andy Smith Keith F. Mobley, P.E.
Project Geologist President
Client Signature: Date:
NGE -TFT Page 4
11301 Olive Lane, Anchorage, AK 99515
r
3 J.
Okil
1 1 .'Building v -
ALLEY
OWN. SWUM
O. -. _.ae 4a - -0. .._ -. ._NoTtes1 "W !? 8 _.. _w-_ __. _ -.- : —ow - _ __- -aa -__ ... .. _..
_ —. ` oam�auocwcE
— _ _ ...
I i voa�oaanw
re u fASEMENT i C CO . j _
avow ammo ' j Irmrruno��rtse �'
uw ormeale1 nox •—J °0N0 oerwu,,,w r
, 'F 1'
. e , I MOWING I
■ vas, . .l
�o...b�tl
.o v r.vraan
0.
FINISH FLOOR lo
g 1 ELEV:18.75 1 g O 1.
e. roMMaro Q 1.
ma. wnrooloaimpa 7 ; -
h.•
/''. acd°"mnwoai Iw �.i•
M
d \• rnon111.w0ai0 anuN
e .A ` 50070 `59`E 179.66' ••• T
. o.icMO.nanwm '.'
� 4I
l ' 4.67 PM
c
a
BMW pelaBeKr
s
S1XT7-1 AVENUE
- = Approximate Location of Proposed Borehole PROPOSED BOREHOLE
LOCATION MAP
F ` Seward Community Library & Museum
4 0 -69 Seward, A K FIG 1
NORTHERN GEOTECHNICAL ENGINEERING, INC. / TERRA FIRMA TESTING
•
Laboratcr} Testing Gcotcchnical Englticering Intrununtation Con,truction Monitoring Services Thermal .Aualvsi
TERMS AND CONDITIONS
Page 1 of 6
1. CLIENT DEFINITION
CLIENT as used herein shall include and apply to all parties equally, be they individuals, corporations, partnerships, associations,
government agencies, or other entities, whether acting alone or collectively as a group where the services of this Agreement are being
provided to, or on behalf of, the group.
2. STANDARD OF CARE
Services performed by Northem Geotechnical Engineering, Inc / Terra Firma Testing will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by other members of the engineering and science professions currently practicing
under similar conditions subject to the time limits and financial and physical constraints applicable to the Services. No warranty,
express or implied is made.
3. INVOICES AND PAYMENT TERMS
Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) will submit monthly invoices to CLIENT and a final bill upon
completion of Services. CLIENT shall notify NGE within ten (10) days of receipt of invoice of any dispute with the invoice.
CLIENT and NGE will promptly resolve any disputed items. Payment on undisputed invoice amounts is due upon receipt of invoice
by CLIENT and is past due thirty (30) days from the date of the invoice. CLIENT agrees to pay a finance charge of one and one -half
percent (1 -1/2 %) per month, or the maximum rate allowed by law, on past due accounts. If payment remains past due sixty (60) days
from the date of the invoice, then NGE shall have the right to suspend all work under this Agreement, without prejudice, and all
reasonable demobilization and other suspension costs will be paid by CLIENT. CLIENT agrees to pay attorneys' fees, legal costs
and all other collection costs incurred by NGE in pursuit of past due payments.
Where the cost estimate for the scope of Services is "not to exceed" a specified sum, NGE shall notify CLIENT before each limit is
exceeded, and shall not continue to provide Service beyond such limit unless CLIENT authorizes an increase in the amount of the
limitation. If a "not to exceed" limitation is broken down into budgets for specific tasks, the task budget may be exceeded without
CLIENT authorization as long as the total limitation is not exceeded.
4. CHANGES
CLIENT and Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) recognize that it may be necessary to modify the
scope of Services, the schedule, and/or the cost estimate proposed in this Agreement. NGE shall notify CLIENT in a timely manner
when it has reason to believe a change to the Agreement is warranted. NGE shall prepare a Change Order request outlining the
required changes to the scope, schedule, and/or cost of the project. CLIENT has a duty to investigate or consider the Change Order
request and advise NGE in a timely manner in writing on how to proceed. If after a good faith effort by NGE to negotiate
modifications to the scope of Services, the schedule, and/or the cost estimate, an agreement has not been reached with the CLIENT,
then NGE shall have the right to terminate this Agreement upon written notice to the CLIENT.
• 5. DATA AND INFORMATION
CLIENT shall provide to Northern Geotechnical Engineering, Inc /Terra Firma Testing (NGE) all the reports, data, studies, plans,
specifications, documents and other information which are relevant to the Services. NGE shall be entitled to rely upon the reports,
data, studies, plans, specifications, documents and other information provided by CLIENT or others in performing the Services and,
NGE assumes no responsibility or liability for the accuracy or completeness of such. CLIENT waives any claim against NGE, and
agrees to defend, indemnify and hold NGE harmless from any claim or liability for injury or loss allegedly arising from errors,
omissions, or inaccuracies in reports, data, studies, plans, specifications, documents or other information provided to NGE by
CLIENT. NGE shall be responsible only for the accuracy of the data, interpretations and recommendations it generates or makes.
NGE will not be responsible for any interpretations or recommendations generated or made by others, which are based, whole or in
part, on NGE's data, interpretations or recommendations.
L J
Page 2 of 6
6. PROFESSIONAL WORK PRODUCT
The Service provided by Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) is intended for one time use only. All
documents, including but not limited to, reports, plans, designs, boring logs, field data, field notes, laboratory test data, calculations,
and estimates (the "Documents ") and all electronic media prepared by NGE are considered its professional work product. NGE
retains all rights to its professional work product. CLIENT acknowledges that electronic media is susceptible to unauthorized
modification, deterioration, and incompatibility and therefore CLIENT cannot rely upon the electronic media version of NGE's
professional work product. Copies of Documents shall be provided to CLIENT upon written request and at CLIENT's expense.
NGE shall retain these Documents for a period of two (2) years following submission of its report, during which period they will be
made available to CLIENT at all reasonable times.
CLIENT understands that the professional work product is not intended or represented by NGE to be suitable for reuse by CLIENT,
its employees, agents, subcontractors or subsequent owners on any extension of a specific project not covered by this Agreement or
on any other project, whether CLIENT's or otherwise, without NGE's prior written permission. CLIENT agrees that any reuse
unauthorized by NGE will be at CLIENT's sole risk and that CLIENT will defend, indemnify and hold NGE harmless from any loss
or liability resulting from the reuse, misuse or negligent use of the professional work product.
7. INDEMNITY
Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) shall, at all times, indemnify and save harmless CLIENT and
its officers, directors, agents and employees from and against all claims, damages, losses and expenses, including, but not limited to
attorneys' fees, court and arbitration costs, to the extent directly attributable to the negligent acts, errors or omissions of NGE while
performing Services under this Agreement.
CLIENT shall, at all times, defend, indemnify and save harmless NGE and its subcontractors, consultants, agents, officers, directors
and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, court and
arbitration costs, arising out of or resulting from the Services of NGE, inclusive of claims made by third parties, or any claims against
NGE arising from the acts, errors or omissions of CLIENT, its employees, agents, contractors and subcontractors. To the fullest
extent permitted by law, such indemnification shall apply regardless of strict liability of NGE. Such indemnification shall not apply
to the extent such claims, damages, losses or expenses are finally determined to result from NGE's negligence.
8. LIMITATION OF LIABILITY
CLIENT shall immediately notify Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) of any defects or suspected
defects arising directly or indirectly from NGE's negligent acts, errors or omissions. Failure by CLIENT to notify NGE shall relieve
NGE of any further responsibility and liability for such defects. CLIENT and NGE agree that all claims and legal actions arising
directly or indirectly from this Agreement or the Services of NGE shall be filed no later than one (1) year from the date of NGE's
substantial completion of the Services or prior to the last date allowed in the applicable statute of limitation, whichever occurs first in
time.
Further, CLIENT agrees to limit the liability of NGE, its employees, officers, directors, agents, consultants and subcontractors to
CLIENT, its employees, officers, directors, agents, consultants and subcontractors, whether in contract or tort, which arises directly
or indirectly from NGE's acts, errors or omissions, such that the total aggregate liability of NGE to all those named shall not exceed
$50,000 or NGE's total fee for the Services rendered under this Agreement, whichever is greater.
Neither party shall be responsible to the other for lost revenues, lost profits, cost of capital, claims of customers, or other special,
indirect, consequential or punitive damages.
9. DELAYS AND FORCE MAJEURE
If site conditions prevent or inhibit performance of Services or if unrevealed hazardous waste materials or conditions are encountered,
Services under this Agreement may be delayed. Any such delays, and any delays caused by CLIENT and its subcontractors,
consultants, agents, officers, directors and employees, shall extend the contract completion date and Northern Geotechnical
Engineering, Inc / Terra Firma Testing (NGE) shall be paid for Services performed to the delay commencement date plus reasonable
delay charges. Delay charges shall include personnel and equipment rescheduling and/or reassignment adjustments and all other
related costs incurred including but not limited to, labor and material escalation, and extended overhead costs, attributable to such
delays. Delays within the scope of this Article shall, at the option of either party, make the Agreement subject to renegotiation or to
termination.
CLIENT shall not hold NGE responsible for damages or delays in performance caused by acts of God, acts and/or omissions of
Federal, State and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of
NGE and which could not have been reasonably foreseen or prevented. For this purpose, such acts or events shall include storms,
Page 3 of 6
floods, epidemics, war, riot, strikes, lockouts or other industrial disturbances, and inability with reasonable diligence to supply
personnel, information, or material to the project. Should such acts or events occur, it is agreed that NGE shall use reasonable efforts
to overcome all difficulties arising and to resume as soon as reasonably possible the normal pursuit and schedule of the Services
covered by this Agreement. Delays in excess of thirty (30) days within the scope of this Article shall, at the option of either party,
make this Agreement subject to termination or to renegotiation.
10. SUBSURFACE RISKS
Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive
sampling and testing program implemented in accordance with a professional Standard of Care may fail to detect certain conditions.
The environmental, geologic, geotechnical, geochemical and hydrogeologic conditions that Northern Geotechnical Engineering, Inc /
Terra Firma Testing (NGE) interprets to exist between sampling points may differ from those that actually exist. Furthermore,
CLIENT recognizes that, passage of time, natural occurrences, direct or indirect human intervention at or near the site may
substantially alter discovered conditions.
In the prosecution of the Services, NGE will take all reasonable precautions to avoid damage or injury to subterranean structures or
utilities. CLIENT agrees to defend, indemnify and hold NGE harmless for any damage to subterranean structures or utilities and for
any impact this damage may cause where the subterranean structures and utilities are not called to NGE's attention and correctly
shown on the plans furnished.
Subsurface sampling may result in unavoidable contamination of certain subsurface areas not known to be previously contaminated
such as, but not limited to, an aquifer, underground stream, or other hydrous body. NGE will adhere to the Standard of Care during
the conduct of any subsurface investigation. Because subsurface sampling is a necessary aspect of the work which NGE may
perform on CLIENT's behalf, CLIENT waives any claim against NGE, and agrees to defend, indemnify and hold NGE harmless
from any claim or liability for injury or loss which may arise as a result of alleged cross - contamination caused by any subsurface
investigation except to the extent finally determined to result from NGE's negligence. CLIENT further agrees to compensate NGE
for any time spent or expenses incurred by NGE in defense of any such claim, in accordance with NGE's prevailing fee schedule and
expense reimbursement policy.
11. RIGHT OF ENTRY
CLIENT will provide for the right of entry for Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE), its
subcontractors, and all necessary equipment in order to complete the Services under this Agreement. While NGE will take all
reasonable precautions to minimize any damage to the property, it is understood by CLIENT that in the normal course of work some
surface damage may occur, the restoration of which is not part of this Agreement.
12. DISPOSAL OF SAMPLES, MATERIALS AND CONTAMINATED EOUIPMENT
All uncontaminated samples obtained pursuant to this Agreement remain the property and responsibility of CLIENT. These soil and
rock samples or other specimens will be disposed of 60 days after submission of the report. Upon written request, Northern
Geotechnical Engineering, Inc / Terra Firma Testing (NGE) will store samples for longer periods of time or transmit the samples to
CLIENT for a mutually acceptable charge.
All contaminated samples and materials (containing or potentially containing hazardous constituents) obtained pursuant to this
Agreement remain the property and responsibility of CLIENT and shall be returned to CLIENT for proper disposal. All laboratory
and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall become the property and
responsibility of CLIENT. All such equipment shall be charged and turned over to CLIENT for proper disposal. Altemate
arrangements to turn such equipment, materials and/or samples directly over to a licensed hazardous waste disposal facility may be
made at CLIENT's direction and expense. It is understood and agreed that NGE is not, and has no responsibility as, a handler,
generator, operator, treater, storer, transporter, or disposer of hazardous or toxic substances, waste or materials found or identified at
the site. CLIENT agrees to indemnify and hold NGE harmless from and against all loss, damage, expense, and claims arising out of
the disposal of all such samples, materials and equipment.
13. CONTROL OF WORK AND JOB -SITE SAFETY
Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) shall be responsible only for its activities and that of its
employees and subcontractors. NGE's Services under this Agreement are performed for the sole benefit of the CLIENT and no other
entity shall have any claim against NGE because of this Agreement or the performance or nonperformance of Services hereunder.
NGE will not direct, supervise or control the work of other consultants and contractors or their subcontractors. NGE does not
guarantee the performance of, and shall have no responsibility for, the acts or omissions of any other contractor, subcontractor,
supplier or other entities furnishing materials or performing any work on the project.
1 %)
Page 4 of 6
Insofar as job site safety is concerned, NGE is responsible only for the health and safety of its employees and subcontractors. Nothing
herein shall be construed to relieve CLIENT or any other consultants or contractors from their responsibilities for maintaining a safe
job site. NGE shall not advise on, issue directions regarding, or assume control over safety conditions and programs for others at the
job site. Neither the professional activities of NGE, nor the presence of NGE or its employees and subcontractors, shall be construed
to imply that NGE controls the operations of others or has any responsibility for job site safety.
14. COMPLIANCE WITH CODES AND STANDARDS
Professional Services by Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) shall be consistent with the Standard
of Care and shall incorporate those publicly known federal, state and local laws, regulations, codes and standards that are applicable
at the time NGE rendered its services. However, it is understood by the parties that the Services performed by NGE do not include
rendering of any legal advice. In any event, CLIENT waives any claim against NGE, and agrees to defend, indemnify and hold NGE
harmless from any claim or liability for injury or loss allegedly arising from NGE's failure to abide by federal, state or local laws,
regulations, codes and standards that were not in effect or publicly announced at the time when NGE otherwise would have
incorporated their intent into the Services. CLIENT further agrees to compensate NGE for any time spent or expenses incurred by
NGE in defense of any such claim, in accordance with NGE's prevailing fee schedule and expense reimbursement policy.
15. PUBLIC RESPONSIBILITY
CLIENT has a duty to conform to applicable codes, standards, regulations and ordinances, with regard to public health and safety.
Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) will at all times endeavor to alert CLIENT to any matter of
which NGE becomes aware and believes requires CLIENT's immediate attention to help protect public health and safety, or which
NGE believes requires CLIENT to issue a notice or report to certain public officials, or to otherwise conform with applicable codes,
standards, regulations or ordinances. If CLIENT decides to disregard NGE's recommendations in these respects, NGE shall employ
its best judgment in deciding whether or not it should notify public officials. Accordingly, CLIENT waives any claim against NGE,
and agrees to defend, indemnify and hold NGE harmless from any claim or liability for injury or Loss allegedly arising from NGE's
notifying or not notifying public officials about conditions existing at the project site. Further, CLIENT agrees to compensate NGE
for any time spent or expenses incurred by NGE in defense of any such claim, with such compensation to be based upon NGE's
prevailing fee schedule and expense reimbursement policy. If CLIENT decides to disregard NGE's recommendations regarding
public health and safety, NGE shall have the right to immediately terminate this Agreement upon written notice to the CLIENT.
16. DISCOVERY OF HAZARDOUS MATERIALS
CLIENT recognizes that anticipated or unanticipated hazardous materials or suspected hazardous materials may be discovered on the
project site property, whether or not owned by CLIENT, or on any adjacent property to the site. CLIENT recognizes that it is
CLIENT's responsibility, and not the responsibility of Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE), to
inform the Owner of any affected property not owned by CLIENT of such discovery. CLIENT also recognizes that any such
discovery may result in a significant reduction of the property's value. CLIENT waives any claim against NGE and agrees to defend,
indemnify and hold harmless NGE from any claim or liability for injury or loss of any type arising from the discovery of anticipated
or unanticipated hazardous materials or suspected hazardous materials on CLIENT's property or on property not owned by CLIENT.
CLIENT also agrees to compensate NGE for any time spent and expenses incurred by NGE including legal costs, in defense of any
such claim. Furthermore, CLIENT agrees that discovery of unanticipated hazardous materials shall constitute a changed condition for
which NGE shall be fairly compensated. If after a good faith effort by NGE to negotiate modifications to the scope of Services, the
schedule, and/or the cost estimate, an agreement has not been reached with the CLIENT, then NGE shall have the right to terminate
this Agreement upon written notice to the CLIENT.
17. NOTIFICATION AND LOCATION OF HAZARDOUS MATERIALS
When hazardous materials are known, assumed or suspected to exist at a site, Northern Geotechnical Engineering, Inc / Terra Firma
Testing (NGE) will take those precautions it deems appropriate to protect the health and safety of its personnel, to comply with
applicable laws and regulations, and to follow any procedures that NGE deems prudent. CLIENT hereby warrants that, if it knows or
has any reason to assume or suspect that hazardous materials may exist at the project site, it has so informed NGE.
CLIENT shall famish to NGE all documents and information known to CLIENT that relate to the identity, location, quantity, nature
or characteristics of any hazardous materials or suspected hazardous materials, on or under the site.
18. INDEPENDENT JUDGMENTS OF CLIENT
If the Services include the collection of samples and data relative to CLIENT's contemplated purchase or sale of certain property,
then the Services are performed by Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) with CLIENT's
understanding of the Subsurface Risks. Therefore, although NGE will be responsible for data which is directly the product of its
sampling effort, NGE will not be responsible for the independent conclusions, interpretations, interpolations and/or decisions of
CLIENT, or others, which are the result of this effort. NGE does not undertake any Services which would result in any
At IN
.J
Page 5 of 6
recommendation, advice or direction by NGE as to whether CLIENT should or should not proceed to purchase or sell the site in
question, but it is understood that CLIENT intends to utilize the data provided by NGE to make its own independent judgment in this
respect.
19. TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform
in accordance with terms hereof. Such termination shall not be effective if that substantial failure has been remedied before
expiration of the period specified in the written notice, such period shall not be less than seven (7) calendar days. In the event of
termination, Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) shall be paid for services perfonned to the
termination notice date, reasonable termination expenses, and a portion of its anticipated profits not less than the percentage of the
contract services performed as of the termination notice date. NGE may complete such analyses and records as are necessary to
complete their files and may also complete a report on the Services performed to the date of notice of termination or suspension. The
expenses of termination or suspension shall include all direct costs of NGE in completing such analyses, records and reports.
20. DISPUTES
All disputes, claims, and causes one party makes against the other, at law or otherwise, including third party or "pass- through" claims
for indemnification and/or contribution, shall be initiated, determined, and resolved by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof.
In the event that one party makes a claim against the other, at law or otherwise, and then fails to prove such claim, then the prevailing
party shall be entitled to all costs, including attorneys' fees incurred in defending against the claim.
21. CLIENT LITIGATION
If Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) is requested to produce documents, witnesses or general
assistance pursuant to a litigation, arbitration or mediation in support of CLIENT litigation to which NGE is not an adverse party,
CLIENT shall reimburse NGE for all direct expenses and time in accordance with NGE's current rate schedule.
22. CONFIDENTIALITY
Northern Geotechnical Engineering, Inc / Terra Firma Testing (NGE) shall use reasonable efforts to keep confidential all data and
information which is marked confidential and furnished to NGE by CLIENT under this Agreement. NGE's confidentiality
obligations shall not apply if such data or information is within the public domain, previously known to NGE, obtained from third
parties without violating any confidentiality agreement, required to be produced by NGE pursuant to any law, subpoena, or court
order or required by NGE in the defense of any claim. NGE may use and publish the CLIENT's name and give a general description
of the Services rendered by NGE for the purpose of informing other clients and potential clients of NGE's experience and
qualifications.
23. INTELLECTUAL PROPERTY
All rights to patents, trademarks, copyrights, and trade secrets owned by Northern Geotechnical Engineering, Inc / Terra Firma
Testing (NGE) remain the property of NGE, and NGE does not grant CLIENT any right or license to such intellectual property.
NGE shall use reasonable efforts to provide the Services without infringing on any valid patent or copyright and without the use of
any confidential information that is the property of others, unless NGE or its agents, employees or subcontractors are licensed or
otherwise have the right to use and dispose of such information. NGE shall also use reasonable efforts to inform the CLIENT of any
patent infringement that may be reasonably expected to result from the Services. However, reasonable efforts of NGE shall not
include a duty to conduct or prepare a patent or copyright search and/or opinion. If NGE performs its Services in a manner consistent
with the above, then to the fullest extent permitted by law, CLIENT shall indemnify, defend and hold harmless then NGE and its
officers, directors, agents and employees against all liability, cost, expense, attorneys' fees, claims, loss or damage arising from any
alleged or actual patent or copyright infringement resulting from the Services under this Agreement.
24. MISCELLANEOUS
a) This Agreement supersedes all other agreements, oral or written, and contains the entire agreement of the parties. No
cancellation, modification, amendment, deletion, addition, waiver or other change in this Agreement shall have effect unless
specifically set forth in writing signed by the party to be bound thereby. Titles in this Agreement are for convenience only.
b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns provided that it may not be assigned by either party without consent of the other. It is expressly intended and agreed that no
4. .4
Page 6 of 6
third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the
benefit of the parties to this Agreement.
c) No waiver of any right or remedy in respect of any occurrence on one occasion shall be deemed a waiver of such right or
remedy in respect of such occurrence on any other occasion.
d) All representations and obligations (including without limitation the obligation of CLIENT to indemnify Northern
Geotechnical Engineering) shall survive indefinitely the termination of the Agreement.
e) Any provision, to the extent it is found to be, unlawful or unenforceable shall be ineffective without affecting any other
provision of the Agreement, so that the Agreement will be deemed to be a valid and binding agreement enforceable in accordance
with its terms.
f) All questions concerning the validity and operation of this Agreement and the performance of the obligations imposed
upon the parties hereunder shall be governed by the laws of Alaska, unless the law of another jurisdiction must apply for this
Agreement to be enforceable.
L L7
Sponsored by: PZ Commission and PACAB
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ENDORSING THE SOUTH HARBOR UPLANDS TRYCK
NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS
ATTACHED
WHEREAS, Council directed the Planning and Zoning Commission and the Port and
Commerce Advisory Board to hold a joint work session to provide development recommendations
for the new South Harbor Uplands; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce
Advisory Board held additional work sessions and provided recommendations to Council; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning
Commission, Seward City Council and the Kenai Peninsula Planning Commission made
recommendations and approved South Harbor Uplands Plat 2009 -17; and
WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory
Board recommend that the first projects that should receive initial funding efforts include the
Fishing Pier and Boardwalk, both with ADA accessibility; and
WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board,
Planning and Zoning Commission, and Council have all approved Resolutions supporting the
concept of the Mariners Memorial; and
WHEREAS, the attached conceptual plan and recommendations shall be incorporated into
the update of the Small Boat Harbor Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan
Option Two as presented at this meeting is hereby endorsed as attached hereto.
Section 2. The structure types on the Harbor Commercial north side of the uplands are
excluded from the conceptual development plan endorsement and will be reviewed for appropriate
improvement types during later development stages.
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of
June, 2010.
r'' -.'"''''';'
I al
.,..,. . ,
..„ _ Ira g 4 1
rr
0111 ,,, , ' '',',■• '",,, ',,;,":„ „: ,
',
7
1 1111
. ,
4600 tO, ,,, ,-.., ..1, ,,,,,,,,,, ,, ,,,..,,,. .,?4,,;;;e=(&i./,`e'•,,,1?4,14.9,,
', ''1".11.0:M
, ,;-' ' 04' . ,, ','',''''.,'":::.:::,1,:' 'o;',4 * .h.` !;: f, ' " *,'' '' ',1, - , , ef:""L.:t,,f: , ?,., 0 „ A -T.se.. ,, - .L, ;,■L ,i,g., -. . 0 40j , ,, ',lc" • „', :
1 ,1 tl. , f, '.::*‘' Ir .i1,"1.■`. :■,..!`'''`';':' /t ' r -.414,1",,,„:;',4,4...:i'''2'4, IVX7,44,i 't ,,,...,„ - ,. .i .,,„ , ...,77,7,I_o..,ie,: 7 1, 1t,, .,, ,..t,,N...■,,,
— „„ 1 w,, :1`i•,, ..,.., *g4,,,,If*,,,,,-,' /''',",t,,,' A''',„1.1. '''''. , ..a . ri - rj 1 ,'„'"a....? '''' '''.." ' ' -- - u u , [,1,.. 17..r:-.41.-,..r, ,,.„..,,', tkper,,„ , ,...gor ; , 46.'t,
WW * ,t 1 ; .t. ‘," ' ''''.». ' • F" ,..,, ,, ,...= --, -.— . . rl , 11 -.',,--,,, s , . ,It..\$v ;' F.I' '-- '.,,;'
:1 . - — - '
1
i .7r - rot, .7 - °';',,i " :,'' ,. , -..' .. . . ; '.- rf.,,l'.'44etk-4t14"- ye,' :°''..kt"e1°P3.1!1 ":, ■ ° v : 1' ' f / '*;"; '''' °t°,* ' 77' 1: 7 ' 1.; •(''' ' ' ' .." ° - ; 5.‘.41; 1; r : ;' ' -'''' '
■ 3 C1 rk, - . - 3 - '.' ,,---- -Ra.-.; ..':' , , : i "1 Ilii:5) k , .1 -',,-. , -,' '.' . / , :,-:
IIC • N li.' 0 , ' , , i-:‘, , .., ., ''',, , 1 iiiil ,-, 4pt ::,-. :: , ,•..t.,',..',.2 . ,„4 :: . : , .4ii■... , • ,, ,:.. -..:---•,!., _,_
-..:,,,,.-- ,1, ii irt, „,: . ::' '''' ''''t '''4-i4".7,...A:kti .. ,1 ,.. ,2±4i,..,-'''''',.';,c
1, 77 ' 1-,., f e,4, .Li--ri.z,.- .. --*7_' ,A, -, :;7) - 4 , . ,:irli....', 1 , ..,...,,,,,,o0L.,+/:414,z1,1,t.,
4 „ r ; ,r-' 'Lk 'Ali FV1 n n 4
i r 1 rl , -T p .:`,„:.,.,'", ./ji.:,,,,.cx,./,,,,,,.:- . ,.,,-,* ,
,-, „1[,il.,..ii,,,if,IL11 t - 1- . . -`• - . - ''. `'. , r ,,,,..:_,-It=i.1
, ,
,.. ,
i.
p,
,
....
,..,„ gisfigraliiiiiiiii
/ .„ , ..„ vl, .„ .„, 4.. ,,, , , , 7'i. ,,,,,„, 4,4, ;,k ,„..,, :„. „.„ , , •. , „.„,,,,
.-1:-.1FRihrqr1115. „
7 ' r Pflw° '...i.. "t" „,,,'”' N' ;...14",°;".;f;4` '. ' '''' 1 " • :' !" 'CI :,,o ' ' '0'. ' 7 ' s. . t' '' ' .1° . ' ° ' 4 ' • r'
1/, 1 ' ', I.:, t'141a r...:Li" iti -----'1 11•.'1‘i'1,A,Y4A:*4"'"A*"'Ll'11'..,",'41;?,141.1'4I \ ' ''''''11'''111; V ' r ". e21'', ■I ''‘ • ; '.. 7 ° , ^ ''' '. ' . * ' - t ^
,, '''' ' ..,, ', ,, „,' . '., 1 , ■.,. '-. '' : 1. 7 1 . ' 4. 't 1 ' .1 -- ' r'' eA■,11'' 4, ' ■ 1‘ ." • S . ''''''' . 14 , ''''Y i'/'',4''''t,It; 104.Y4'r .1,,,c44'.1''' ' ' . ' i ' 4 .
- '. ' ,'**/ ": ';- ' *;-'1 ,:;-- ,=.„-i,,,4.4.,,,. ,.,,./.",,,,,, ,,,-,,„,. ,-- , , it:s. ' ' . ' , ' . ' f • '...,
CC
r '''' it' 61;t1f}1}1111/HHICIMHI'''Shl 11 "...•`',1,: Tri., ,11.•T• 'T - ^ " '' .r■ .,11.1 -.0",t,'-i"",. "k ' - , . ,, '
*IC
.'Al ' ' t ;' ''';;;-."*.'`'; i " ' 2 * * **' - '** ' ' L - ,.';' -' t itr'- - - ' "'''''`•;,!,,-*-;:i''''''‘.*•?,,,.-ii.,;;;. ,,,`&,.. . ';',. , ' ". • ,,,, ' ,
' .. f• .. ' " 4 '. , .;.;■ . 1 ',. _,_,_,.--- ,...t:5-7117, -:' ,..--- : "..I. *2 .;".' ,;*.. t' ;*': e.l. ii 4 : ''' ; ' ' ' .1 j ' a' i
1 '., l', -',,',,k1:1,41,'„' '1 64,:;'. 1 -'' ,, -_,i: ..2'.;;. '-'==*7.r.i 0,`, ; ■;;`,.../* . ; ' `* , , * .
1 „,,' „ '''!.c --'''' ' -; , , ' ”
,,,;,,, :' .. , .,-
1 ) ' P,:' ‘,.4.,4,. ''' „., ''', ''' ,-, ''...'
, !i" -. :"..*."-g.-- ' : '
, ” ' ' , ,.,,,,.., 0 `
1 I
..,'‘':- i . , -. ,a,,,, ' -, --,-,--:... '-' ...4=i11-144T
4,11-'1'4"..t` ' ' ''''‘,. ' '.' • ....
TOTAL VEHICLE STALLS
.41-,, , ,-.... .„. -.-„, ,.. . , .,_ ,;,,,,',,,•,,,,-,;-,- .,. ' ' , , ; \ , ; '
m
"... „I
Q
I 4,,t ,-, 4 . t '-'''.. ' aa-..a' . 'kait' -° °, 5 '= ,,,r11177117...- wiyi .. , .° „c".-4, -.,, ', __ .,) ' TRAILER 11 18
' - ^' 7' ' ''' ■ ' ,11#,41,,,,i.' ..ttkw ,. - , - ,.- .,. ‘.. - _ - - 0 . , .
8
i ''':' , . t ''' "i'''1..,','4,-'• , 4" ''' '"" - ,:' ''''' '' '':'' --' ' - ' HANDICAP
12 , ,.h ,r,.=:
.i .r,,. -,, 1,I , ,,,I. P. '`, -,',.,,,ts.,-ri..., - " r i•- cFsS ' ■
' 1 ' 1 .* '
• 1 ' '''1;r1I,...***,•'51'411t^rg''111 FrANDICAP AC ' ' , D 108 i ' I;p..), ,* ....0,309672,5008
• 1 7 1°. 'I'. ' 4 ' ' t. ■ .' 7 . ' ' ' ' ". , STANDAR , k,
. ' "-' i. !, ,.. 44) 26
i w- irit -• ' ' -1 ',A"'''' . Q. - ,' ."„4.t. 4,1 .?:::,k;" r -:'. - , . - , " . . '.,' ,, ,`,J r, ; , : - . ,` .,. - --. ,..
, 1 *,..• „,°4 PARALLEL ' '-',, -- VIP `, i' 4; *''‘V.' ..--, ' '.. ',...`'. _. ,* . ' ;
It 3
1 , .,-,.. , - _ ,,, , 7.-.,--... , ,- . '.:.,,,..
I ' EASEMENTS
15' k ,. ' .-----7*,/ , ..; '''''-' ..;.****';' ' - ' "' 3
1 '4ta':'r . — — ' .
I
AROUND FIRE HYDIWITS
„;,, ',,,j,_: ... 4, "- ''
. ,
_ —
I EITHER SI WA
SECONDARY ELECTRICAL LINES
AST UNE 15' (3012i707AL, , ,,, ,, ,:.•. . ,, ,
.1.
i
•
Council Agenda Statement Ik/f AC".48, •
e iqt„ Meeting Date: June 28, 2010
Through: City Manager Phillip Oates "Itasw�
From: Community Development Director Christy Terry
Agenda Item: ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN
HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS
ATTACHED
BACKGROUND & JUSTIFICATION
Under the June 2003 Project Cooperation Agreement between the Department of Army and the City
of Seward for Construction of the Harbor Improvements, dredged and excavated material was
deposited behind the newly extended Breakwater creating approximately 3.5 acres of filled land
described by the Corps as "BOD Disposal Area 1." On February 12, 2007 the City of Seward
authorized the approval ofthe Department of Army memorandum for record and accepting Disposal
Area 1. This area is owned by the City of Seward, but also remains subject to the federal doctrine of
navigational servitude.
Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board
to hold a joint work session to provide development recommendations for the new South Harbor
Uplands. Both Bodies had developed and sent their recommendations to Council on various aspects
of development of this newly created parcel. The Port and Commerce Advisory Board held
additional work sessions and provided recommendations to Council including Resolution 2008 -03.
The Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning
Commission made recommendations and approved South Harbor Uplands Plat 2009 -17. Also, the
Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning
Commission, and Council have all approved Resolutions supporting the concept of the Mariners
Memorial.
A Joint Planning and Zoning Commission and Port and Commerce Advisory Board Meeting was held
• on May 11, 2010 with many Council Members, Administration and public also in attendance.
Recommendations developed at the meeting are included in the resolution including: Tryck Nyman
Hayes Conceptual Development Plan Option Two should be adopted as the development plan; initial
funding should be sought for the development of the Fishing Pier and Boardwalk, both with ADA
accessibility; the current zoning should remain as it is in harmony with the development plan; and
the structure types on the Harbor Commercial north side of the uplands should be excluded from the
conceptual development plan approval and should be reviewed for appropriate improvement types
during later development stages.
The Planning and Zoning Commission and the Port and Commerce Advisory Board disagree
regarding the zoning recommendation for this parcel. This Resolution before Council tonight only
r} 4
■ x
endorses the TNH Conceptual Development Plan Option Two, excluding the structure types, and
does not recommend a zoning designation.
INTENT:
This resolution proposes to endorse the South Harbor Uplands Tryck Nyman Hayes Conceptual
Development Plan Option Two as presented at this meeting as attached excluding the structure types.
This plan will be used to guide future development and supports initial funding efforts be placed on
the ADA Fishing Pier and Boardwalk.
CONSISTENCY CHECKLIST
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Other: Small Boat Harbor Development Plan
FISCAL NOTE:
No fiscal impact with the approval of this plan.
Approved by the Finance Department:
ATTORNEY REVIEW:
Yes: No: X
RECOMMENDATION
Approve RESOLUTION 2010- 05gENDORSING THE SOUTH HARBOR UPLANDS TRYCK
NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED
4 ,A)
Sponsored by: PACAB
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -05
A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD
OF THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH
HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL
DEVELOPMENT PLAN OPTION TWO AS ATTACHED
WHEREAS, Council directed the Planning and Zoning Commission and the Port and
Commerce Advisory Board to hold a joint work session to provide development recommendations
for the new South Harbor Uplands; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce
Advisory Board held additional work sessions and provided recommendations to Council; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning
Commission, Seward City Council and the Kenai Peninsula Planning Commission made
recommendations and approved South Harbor Uplands Plat 2009 -17; and
WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory
Board recommend that the first projects that should receive initial funding efforts include the Fishing
Pier and Boardwalk, both with ADA accessibility; and
WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board,
Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept
of the Mariners Memorial; and
WHEREAS, the attached recommendations shall be incorporated into the update ofthe Small
Boat Harbor Development Plan; and
WHEREAS, at it's September 2008 meeting Seward's Port and Commerce Advisory Board
passed resolution 2008 -03 which included the following:
1: The Harbor Uplands Area should be designated Harbor Commercial Zoning District.
2: The South Harbor Uplands Area should be used for a variety of uses consistent with the
Harbor Commercial District zoning designation.
3: Development of the south Harbor Uplands Area should be included in municipal
areas reserved for landscaped public use.
4: All development of the South Harbor Uplands Area must comply with all land use,
building, fire and electrical regulations in the Seward City Code.
5: Development of the South Harbor Uplands Area should include continuance ofthe existing
board walk and completion ofthe Mariners Memorial with strong consideration of continuing
the bike path.
CITY OF SEWARD, ALASKA
RESOLUTION 2010- 05
NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE
ADVIOSORY BOARD OF THE CITY OF SEWARD, ALASKA that:
Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development
Plan Option Two as presented at this meeting is hereby endorsed as attached hereto.
Section 2. The structure types on the Harbor Commercial north side ofthe uplands are
excluded from the conceptual development plan endorsement and will be reviewed for
appropriate improvement types during later development stages.
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward,
Alaska, this 2n day of June, 2010.
THE CITY OF SEWARD, ALASKA
Ron Long, Chair
AYES:
NOES:
•
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
r .
Sponsored b, : PZ Commission : d PACAB
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -07
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH HARBOR
UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT
PLAN OPTION TWO AS ATTACHED
WHEREAS, Council directed the Planning and Zoning Commission and the Port and
Commerce Advisory Board to hold a joint work session to provide development recommendations
for the new South Harbor Uplands; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce
Advisory Board held additional work sessions and provided recommendations to Council; and
WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning
Commission, Seward City Council and the Kenai Peninsula Planning Commission made
recommendations and approved South Harbor Uplands Plat 2009 -17; and
WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory
Board recommend that the first projects that should receive initial funding efforts include the
Fishing Pier and Boardwalk, both with ADA accessibility; and
r
WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board,
Planning and Zoning Commission, and Council have all approved Resolutions supporting the
concept of the Mariners Memorial; and
WHEREAS, the attached recommendations shall be incorporated into the update of the
Small Boat Harbor Development Plan; and
WHEREAS, the parcel is zoned both Harbor Commercial to the north and Park to the south,
which is appropriate for the planned development.
• NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA that:
Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan
Option Two as presented at this meeting is hereby endorsed as attached hereto.
Section 2. The structure types on the Harbor Commercial north side of the uplands are
excluded from the conceptual development plan endorsement and will be reviewed for appropriate
improvement types during later development stages.
Section 3. This resolution shall take affect immediately upon its adoption.
r ,.,
.J
CITY OF SEWARD, ALASKA
RESOLUTION 2010- 07
PASSED AND APPROVED by the Planning and Zoning Commission of the City of Seward,
Alaska, this 1" day of June, 2010.
THE CITY OF SEWARD, ALASKA •
, c ep t_of f v
Sandie Roach', Chair
AYES: Morgan, DeMarco, Heinrich, Ecklund, Roach'
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: Two
ATTEST:
s ari Le s, I '��s�..u..,•
`ity Clerk: OF $E� ••.�
(City Seal) : V oolk .
3 t
• SEAL • e
•� I ). Itittei A iry 4.0 �,•
r
4. v
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009 -013
A RESOLUTION OF THE SEWARDJATY COUNCIL- >RECOMMENDING
KENAI PENINSULA BOROUGH AP VAC°WF THE SEWARD SMALL
BOAT HARBOR, SOUTH HARBOR ADDITION, REPLAT, LOCATED
WITHIN THE HARBOR COMMERCIAL, AND PARK ZONING DISTRICTS
WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a
preliminary plat of the new City -owned lands commonly known as the south harbor uplands; and
WHEREAS, Cline and Associates submitted, on behalf of the City of Seward, a preliminary
plat combining the newly formed area known as the south harbor uplands with portions of the
existing Small Boat Harbor subdivision, the Laubner Addition and the Alaska Tidelands Survey 174
creating Lot 17A, Block 6, Seward Small Boat Harbor South Harbor Addition; and
WHEREAS, this platting action will vacate interior lot lines creating a single lot of
approximately 9.63 acres in size which will provide legal access from the Fourth Avenue right -of-
way; and
WHEREAS, this property is currently zoned Harbor Commercial (HC) and Park (P) the
rcplat does not create any non- conforming structures or lots; and
WI1EREAS, no subdivision installation agreement is necessary because this lot is currently
serviced by municipal roads, water, sewer, electric and other utilities; and
WHEREAS, the proposed platting action provides utility and access easements for all
existing utilities and current accesses; and
WHEREAS, the Seward Planning and Zoning Commission held a public hearing and
approved Resolution 2009 -02, recommending the Seward City Council and the Kenai Peninsula
Borough approval of the replat.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council recommends the Kenai Peninsula Borough approval of the
Seward Small Boat Harbor, South Harbor Addition Replat.
Section 2. This resolution shall take effect immediately upon its adoption
MEER
r
City of Seward, Alaska
Resolution No. 2009 -013
Page2of2
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 9th day
of March 2009.
THE CITY OF SEWARD, ALASKA
(0_
Clark Corbridge, Mayor
AYES: Dunham, Bardarson, Kellar, Smith, Keil, Corbridge
NOES: None
ABSENT: Valdatta
ABSTAIN: None
ATTEST:
?\ -
.lean Lewis, CMC
City' Clerk
(City SeaD
++ •w
+
•
•
• ▪ t W
• �''' . +
• • • I . +r+'
r
City Council Agenda Statement
Meeting Date: March 9, 2009 e of s4-4.
Through Phillip Oates, City Manager
Christy Terry, Community Development Director
From: Donna Glcnz, Associate Planner,
Agenda Item: Recommending Kenai Peninsula Borough approval of the Seward Small
Boat Harbor, South Harbor Addition, replat, located within the Harbor
Commercial and Park Zoning Districts
BACKGROUND & JUSTIFICATION:
Attached for the Council's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the
City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat
of city -owned property may be submitted to the Kenai Peninsula Borough Planning Commission
for approval without the prior consent of the City Council.
The resolution before the Council today deals solely with the platting action of the South Harbor
Uplands and access area. This area which has become known as the south harbor uplands was
built by the Army Corp of Engineers from the dredging spoils of the work done in the Seward
Small Boat Harbor.
SUBDIVISION REVIEW:
ZoninE:
This platting action contains areas in both the Harbor Commercial and Park Zoning Districts.
Once the platting action has been completed the zoning of the uplands will continue in a cardinal
line across the fill area to the center of Resurrection Bay per SCC 15.01.030 (e)(7) Official maps.
Size:
This platting action will vacate interior lot lines creating a single parcel of approximately 9.63
acres in size which will provide legal access to the Fourth Avenue right -of -way. Lot 17A
exceeds the development requirements required in SCC Table 15.10.220 for both the portions
within Harbor Commercial and the Park Zoning Districts. The replat does not create any
nonconforming or encroachment issues.
Utilities:
The property is served by all necessary utilities; therefore a subdivision agreement is not
required. The proposed platting action provides utility easements for all existing utilities and
current accesses.
Page 1 of 2 r
Existing Uses:
The property currently contains the City boat launch, parking lot areas, a summer RV camping
area, access to the south uplands fill area, access ramps for S and Q floats, restrooms, the oil
collection site and numerous City utilities.
Flood Zone:
Portions of the property are located within a FEMA mapped High Velocity Hazard Zone (V-
Zone). Areas determined to be within the V -Zone are detailed on the plat
CONSISTENCY CHECKLIST:
Where applicable this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Staff Comments:
Community Development staff has held several meetings with department heads to review and
discuss this platting action. All concerns have been addressed and the City department heads
recommend approval of this preliminary replat.
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of
this platting action. Public notice signs were posted on the property, and all other public hearing
requirements of Seward City Code §15. 01.040 were complied with.
At the time of the Planning and Zoning public hearing, one public comment had been received.
A verbal question on location was clarified and the inquirer voiced no other concerns with the
replat.
FISCAL NOTE:
Approved by Finance Department: etc , x , , 1 4 4 .4.4,
ATTORNEY REVIEW:
RECOMMENDATION:
Approve Resolution 2009 -13, recommending Kenai Peninsula Borough approval of the Seward
Small Boat Harbor, South Harbor Addition platting action.
Page 2of2 30
Sponsored by: Port and Commerce Advisory Board .,
CITY OF SEWARD, ALASKA
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2008 -03
A RESOLUTION OF THE SEWARD PORT AND COMMERCE ADVISORY
BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING TO
THE PLANNING AND ZONING COMMISSION, CITY COUNCIL AND
ADMINISTRATION THE ZONING DISTRICTAND USE OF THE SOUTH
HARBOR UPLANDS AREA
WHEREAS, under the June 2003 Project Cooperation Agreement between the Department
of Army and the City of Seward for Construction of the Harbor Improvements, dredged material was
deposited behind the newly extended breakwater creating approximately 3.5 acres of filled tidelands
described by the Corps as `BOD Disposal Area 1;" and
WHEREAS, on February 12, 2007, the City of Seward authorized the approval of the
Department of Army Memorandum for record and accepting Disposal Area 1; and
WHEREAS, the City of Seward has designated the BOD Disposal Area 1 as the South
Harbor Uplands Area; and
WHEREAS, the City of Seward has received inquiries about using the South Harbor
Uplands Area for a wide variety of uses; and
WHEREAS, no long -term plan exists for consideration by the Planning and Zoning
Commission or the City Council; and
WHEREAS, discussing the development of the South Harbor Uplands Area and providing a
recommendation on the zoning district and use of the area is a function of the Port and Commerce
Advisory Board per Seward City Code Section 2.30.325; and
WHEREAS, the Port and Commerce Advisory Board discussed the South Harbor
Uplands Area at the February 20, 2008 Work Session, the June 4, 2008 Regular Meeting and the
September 3, 2008 Regular Meeting.
NOW, THEREFORE, BE IT RESOLVED, that the Seward Port and Commerce Advisory
Board, recommends the following for the zoning and use of the South Harbor Uplands Area:
1. The South Harbor Uplands Area should be designated Harbor Commercial Zoning
District.
r .
J
Port and Commerce Advisory Board
Resolution 2008 -03
Page 2 of 2
2. The South Harbor Uplands Area should be used for a variety of uses consistent with
the Harbor Commercial District zoning designation.
3. Development of the South Harbor Uplands Area should include municipal areas
reserved for landscaped public use.
4. All development on the South Harbor Uplands Area must comply with all land use,
building, fire and electrical regulations in the Seward City Code.
5. Development of the South Harbor Uplands Area should include continuance of the
existing boardwalk and completion of the boardwalk up to the Mariner's Memorial
with strong consideration of continuing it to the bike path.
BE IT FURTHER RESOLVED their recommendation be forwarded to the Planning and Zoning
Commission and Seward City Council.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Port and Commerce Advisory Board this 3` day of
September 2008.
THE,CITY SEW - ' D ALASKA
Ron Long, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
1
.1l .n Lewis, , 4 OF SE &p ', "
. .• ' �.•a.:.:
ity Clerk •' �
•
(City Seal) •
•
i t •
. f1 / V.., 44 4 r
••• DIII J o
WOHLFORTH, JOHNSON, BRECHT,
CARTLEDGE & BROOKING
A PROFESSIONAL CORPORATION
ERIC A. AUTEN TELEPHONE
JULIUS J. BRECHT 907.276.6401
CHERYL RAWLS BROOKING ATTORNEYS AT LAW
CYNTHIA L. CARTLEDGE FACSIMILE
MICHAEL GATTI 900 WEST 5TH AVENUE, SUITE 600 907.276.5093
ROBERT M. JOHNSON
BRADLEY E. MEYEN ANCHORAGE, ALASKA 99501 -2040 WEBSITE
ERIC E. WOHLFORTH www.wvlb.com
•
CONFIDENTIAL/ATTORNEY- CLIENT PRIVILEGED
This is a PRIVILEGED COMMUNICATION in respect to a
confidential matter between attorney and client, Is not subject to subpoena,
and cannot be received in evidence in a court action. However,
we suggest that you retain this material under your
personal control rather than in general files.
MEMORANDUM
TO: Scott Ransom, Harbormaste
FROM: Brad Meyen, City Attome
DATE: July 28, 2005
SUBJECT: Small Boat Harbor South Breakwater and Filled Land;
Our File No. 4337.4102
This memorandum provides general comments on the and ownership status
for the south breakwater ( "Breakwater") and adjacent filled land and discusses
limitations on their use. Nothing contained in this memorandum may be considered
an admission of fact by the City of Seward ( "City") concerning title to the filled land,
and it shall not be used for or considered a title opinion. Title insurance and a land
survey should be obtained prior to making significant improvements on the filled
land. Hereinafter "Corps" is used to refer to the United States government in general
•
and when the federal government is acting through the Department of the Army.
Summary
Under the June 2003 Project Cooperation Agreement between the Department of
Army and the City of Seward for Construction of the Harbor Improvements (the
"Agreement "), dredged_and excavated material was deposited behind the newly extended
Breakwater creating approximately 3.5 acres of filled land described by the Corps as "BOD
I :1Docs1433710011General 20051M2Ransorn re Harbor Breakwater.wpd
r,
•
Scott Ransom, Harbormaster
Re: Small Boat Harbor Breakwater Fill Area
Our File No. 4337.4102
July 28, 2005
Page 2
Disposal Area 1." You have asked who owns and controls the Breakwater and the filled
land created by the deposit of dredged materials by the Corps and what use may be made
of the Breakwater and the filled land in particular, given the May 25, 2005 "Memorandum
For Record" prepared by the Corps which, upon signing by the City, will indicate the City's
acceptance of BOD Disposal Area 1.'
Based on the assumptions described below, we believe the area containing the
Breakwater and filled land to be owned by the City but remains subject to the federal
doctrine of navigational servitude ( "Navigational Servitude "). We strongly recommend that
the area containing the Breakwater and filled land be surveyed and a preliminary
commitment for title insurance obtained based on that survey before any significant
improvements are made by the City on the filled land. The City may make limited use of
the filled land subject to applicable land use restrictions, City ordinances, and other
governmental regulations. However, for the reasons described below, this filled land
should not be considered available for sale or lease. The Breakwater is a separate general
navigation feature that continues to be operated and maintained by the Corps under the
Agreement, and use of the Breakwater must be coordinated with the Corps.
Discussion
In regard to coastal lands generally, the State of Alaska received tide and
submerged lands at Statehood under the Equal Footing Doctrine and the Submerged
Lands Act. The State then transferred some of these lands to its political subdivisions. For
the most part, uplands, tidelands, and submerged lands in Alaska are subject to the Alaska
Land Act, AS 38.05. It appears that the City received title to the tidelands and submerged
lands beneath the general harbor area through the Tidelands Preference Right Act and a
state grant of ATS 174. This general area also appears to be covered by Tract No. 100
reconveyed to the City by the Corps in 1999.
CONFIDENTIAL
1 The City has not signed this document pending com pletion of a topographical survey by the
Corps. Discussion on use of the filled land assumes the City wilt eventually sign this document accepting the
Corps work resulting in the filled land.
2 ATS 174 was conveyed to the City as a preference right pursuant to Tidelands Patent No.
232 under AS 38.05.320 which is now AS 38.05.820.
3 The survey is important because the Breakwater and filled land appear to be close to the
southwest boundary of Tract No. 100. A title report dated September 5, 2000 by First American Title
Insurance Company indicates that the land generally within the Seward small boat harbor is owned by the City
(excepting the Alaska Railroad properties). The locations and boundaries of the Breakwater and filled land
should be determined by a survey. A title report, based on a current survey, would confirm title.
1:,Docs 433710011General 20051M2Ransom re Harbor Breakwater.wpd
j r-
f
2
Scott Ransom, Harbormaster
Re: Small Boat Harbor Breakwater Fill Area
Our File No. 4337.4102
July 28, 2005
Page 3 CONFIDENTIAL
The 1964 earthquake and subsequent seismic waves completely destroyed the
Seward small boat harbor, and reconstruction of the harbor was authorized by the River
• and Harbor Act of 1964. The submerged lands comprising the harbor were conveyed by
the City to the Corps in August 1965 as part of the harbor reconstruction process. The
adjacent uplands owned by the City were not conveyed.
CONFIDENTIAL •
During the 1993 North Pacific Division Command Inspection, the Corps determined
that for local cooperation projects such as the post earthquake harbor reconstruction in
Seward, the local government sponsor (the City in this case) need not actually convey its
real property interests to the United States; rather, the local govemment sponsor need only
certify that it has adequate land holdings and that it will make the lands available to the
federal government for such projects. Because it was determined that no authority existed
for the Corps to acquire title to the submerged lands for the post earthquake reconstruction
project, the underlying property which the City conveyed to the Corps in 1965 was
reconveyed to the City by two quitclaim deeds executed on September 23, 1999 (deeds
covered Tract No. 100 and Tract Nos. 101E and 102E). These deeds were recorded
February 8, 2000. It therefore appears, and we assume for purposes of this memorandum,
that the City owns the tidelands and submerged lands under the Breakwater and the filled
land. That ownership and use of the areas are subject to the following:
1. Navigational Servitude.
CONFIDENTIAL
Since the City owns the adjacent uplands, it would have rights of a littoral
landowner. A littoral landowner (particularly if the owner also holds title to the adjacent
submerged lands) generally has the littoral right to wharf-out or create filed areas, subject
to proper permitting requirements. However, this right is subordinate to Navigational
Servitude. Navigational Servitude is a federal right to use tide and submerged lands for .
navigational purposes, which, if not exercised by the federal government, may be exercised
by the state ora political subdivision. Navigational Servitude is a dominant servitude which
extends to all lands below the ordinary highwater mark and is grounded in the power of the
• federal government to regulate commerce. Where it applies, Navigational Servitude
continues regardless of ownership of tide and submerged lands, and under this doctrine
the federal government may, at any time, construct levees and breakwaters, dredge
channels, deposit dredged materials, and make other improvements to aid navigation. The
use of tide or submerged lands by the Corps under Navigational Servitude is not
considered a governmental taking and no compensation is required. To waive or abandon
this right takes specific action by the federal government. Waiver of Navigational Servitude
may not be implied but must be surrendered in unmistakable terms. United States v.
Cherokee Nation of Oklahoma, 480 U.S. 700 (1987). Such a waiver has not occurred in
this case.
1: 1Docs re Harbor Breakwater.wpd
— y
3
Scott Ransom, Harbormaster
Re: Small Boat Harbor Breakwater Fill Area •
Our File No. 4337.4102
Ju1y28, 2005
Page 4
•
2. Construction and Access Under the Agreement. COId1'iJ I Nflf�t
The Corps may supplement its authority to create aids to navigation under
Navigational Servitude by seeking local cooperation by agreement to provide necessary
lands, easements, or rights -of -way for navigational improvements.
In addition to the authority assumed by the Corps under Navigational Servitude, use
of the Breakwater and filled land is also covered by the Agreement. The Breakwater is one
of the "general navigation features" under the greemen an an item the Corps has
agreed to construct and operate to aid navigation. The City agreed to provide access to
the property it owns or controls for federal operation and maintenance of the Breakwater.
Notwithstanding the lack of Corps ownership of the tide and submerged lands on which the
Breakwater is constructed, both the Agreement and Navigational Servitude give. the Corps
access to the Breakwater, and the use of the Breakwater must be coordinated with the
Corps.
As part of the current harbor improvements, the City approved the Agreement
providing the Corps access to the land necessary to complete the navigational
improvements. The local contributions to the project included not only access to lands to
construct the Breakwater but also for disposal of dredged materials. Under the Agreement,
the Corps did not want title to land: "However, nothing contained herein, shall convey to
the Govemment any interest in real property owned or controlled by the Non- Federal
Sponsor." Furthermore, the actions by the Corps to extend the Breakwater, dredge the
channel, and incidently create dry land through the deposit of dredged materials did not
✓f give the Corps title to such land or material deposited.
The City's acceptance of BOD Disposal Area 1 returns day to day control of the
filled land to the City but does not waive Navigational Servitude. With this in mind, the City
may otherwise make use of the filled land subject to the caveats contained in this
memorandum.
3. Patent Restrictions. CONrfbttviiM
Use of the filled area may also be subject to reservations and exceptions as
contained in the U. S. Patent and any other valid existing rights, reservations, easements
and use restrictions (including state patent). An updated survey and title report are
necessary to determine reservations and exceptions of record. For example, Tidelands
•
4 The City is referred to as the Non - Federal Sponsor in the Agreement.
•
I:Oocs1433710011Generaf 20051M2Ransom re Harbor Breakwater.wpd
•
�oi
4
Scott Ransom, Harbormaster
Re: Small Boat Harbor Breakwater Fill Area
Our File No. 4337.4102
July 28, 2005
Page 5
Patent No. 232 expressly reserves to the State of Alaska all mineral rights and is subject
to the restriction that no one can take herring spawn in the waters or over the tidelands
conveyed nor can anyone on the property engage in the sale, barter or exchange of the
herring spawn for profit except that herring spawn can be used by state residents for
personal consumption or "barter or exchange for the necessities of life, pursuant to AS
16.10.140 -170 as amended."
4. Miscellaneous Federal and City Restrictions.
r CONFIDENTIAL
Absent other restrictions by law or agreement, the City, does have power to operate
t he harbor as a public facility in a manner consistent with Navigational Servitude. Charter
� !'- § 4.10 provides: "The council shalt regulate the use and development of all waters and
submerged lands which are subject to the jurisdiction of the city." However :please notes
that o e locaTstate, and federal .laws ma erect use of the fill d. The Harbor
improvements Final Interim - Feasi• i ity ' eport, Volu 2, `September 1998, indicates that
the area is in the high risk seismic hazard area and that there may be restrictions on the
use of federal funds in such areas for certain new construction. _.Any use of the filled land
. must also comply with Seward City Code ( "SCC ") 15.25, Floodplain Management. The
Breakwater and the filled land appear to be located in the coastal high hazard area under
SCC § 15.25.050 D and special restrictions apply to construction in such areas in addition
to the general provisions of SCC § 15.25.030. Most notably, the use of fill for the support
of buildings within zones V1 -V30 on the Flood Insurance Rate Map is prohibited. SCC §
15.25.050 D(4). Other planning and zoning provisions may also apply depending on the
proposed use. For example, camping areas must be designated by City Council resolution
`., under SCC § 7.15.010 and SCC § 11.15.100.
5. Geophysical and Other Considerations.
CONFIDENTIAL
The preceding comments refer to only legal restrictions. The City provided the
Corps access to the area now comprising the filled land only for deposit of dredged
materials. It was not the intention of the project to create land for any particular purpose
and, therefore, the type of dredged materials deposited and the extent of compaction may
not meet engineering specifications for construction of improvements. Asapraclil
matter, soil stability should be tested prior to any use and consideration should be given
to the cost of any improvements and ailocationof risk in the event improvements must be
removed to allow additional use of the area by the Corps for navigational maintenance or
improvemen s.
I:1Qocs1433710011General 20051M2Ransom re Harbor Breakwater.wpd
r 1-1
J r
5
Scott Ransom, Harbormaster
Re: Small Boat Harbor Breakwater Fill Area
Our File No. 4337.4102
July 28, 2005
Page 6
*t*
For all these reasons, the Breakwater and filed land should not be considered
available for disposition by sale or lease in the same manner as other City lands. And, as
noted, even use by the City of the filled land may be limited to uses such as parking and
other uses not involving significant structures and any improvements made are subject to
removal if the Corps again requires use of the filled land for navigational aid purposes.
•
CONFIDENTIAL
I:1Docs1433710011General 20051M2Ransom re Harbor Breakwater.wpd
6
�� `, DEPARTMENT OF THE ARMY
- - . 121.1'
U.S, ARMY ENGINEER DISTRICT, ALASKA
s e ,: n
'° it „� "' P.O. BOX 6898
ELMENDORF AFB, ALASKA 99506 -0898
.. ;,4
ti rflrl ti in.: REPLY TO
ATTENTION OF:
District Commander ,E V ?
Philip Oates, City Manager
SEP 2 L 2007
City of Seward
P.Q. Box 167 CITYOFSEWARD
Seward, Alaska 99664 CITYMANAGER
Dear Mr. Oates:
I am writing in response to your request to surrender the Federal
government's right to Navigational Servitude on the 3.5 acres of
disposal area created by the Seward Harbor Navigational Improvements
Project. -_ _ —
Regrettably I cannot surrender this right. This is a right embedded
in the Constitution that the U.S. Army Corps of Engineers cannot waive.
Under the provisions of Navigational Servitude, if future operations
by the United States require the removal, relocation, or other
alteration of this disposal site, the City of Seward will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work, without expense to the United States. No
claim shall be made against the United States on account of any such
removal or alteration. However, like an encumbered lease, you may make
further improvements or conduct other uses for this property as long as
you recognize the risk associated should the Federal government exercise
its Navigational Servitude authority at a later date.
I need to emphasize that the Corps has no responsibility to maintain
this disposal area including the rock slope protection on the outside
perimeter of the disposal area. Also, the Corps will need access to
inspect the former entrance channel and breakwater.
That said, at the present time I do not see any circumstance where
we would exercise our Navigational Servitude again on this property.
S- - i6u13 - we pran to ao sd, - TFi.e -- City of Seward u recognized
either the local cost sharing sponsor or as a stakeholder and be invited
to any discussions on any project affecting this area.
• Please feel free to contact me on this matter. Any technical
questions should be directed to Mr. Bo Wierzbicki, Project Manager, at
(907) 753 -5778.
Sincerely,
Kevin J. Wilson
Colonel, Corps of Engineers
District Commander
o ti
7
"INT4 911 West Eighth Avenue
Anchorage, Alaska 99501
907.279.0543 • 800.770.0543
Fax: 907.276.7679
Email: tedt@tnh- inc.com
TAYCK NYMAN HAYES, INC.
MEMORANDUM
TO: Kari Anderson PAGES: 2
FROM: Kim Nielsen
DATE: 8/13/08
SUBJECT: South Harbor Fill Area
I understand that the City is interested in moving forward with creating a development plan for the new
South Harbor Fill Area and has a few questions regarding engineering foundation considerations and
other requirements in this new area. The following is an attempt to answer and briefly explain these
concerns as we understand them.
1. Question Regarding Navigational Servitude and the Corps of Engineer's Restrictions on Use:
As far as I know there are no restrictions on developing the south fill other than the potential for
"Navigational Servitude ". This term refers to the Federal Government's right to .claim land within waters
of the U.S. in the interest of navigation. Technically the south fill area is still considered "waters of the
US" and is subject to Navigational Servitude if for some reason it was ever needed. So, it does apply, but
it is a very remote possibility that it would ever be exercised.
I believe the Corps sent the City a letter in August of 2007 that addressed their request for the Federal
Government to waive Navigation Servitude for the south fill area. The letter said that the Corps cannot
waive this; however it is very unlikely that the City would ever be asked to remove any improvements
constructed on the fill area.
The US Army Corps of Engineers (Corps) designed, built, and paid for a significant portion of the South
Fill Area /breakwater. Maintenance of the breakwaters and entrance channel is the Corps' responsibility.
The south fill uplands area and other non - federal features are local sponsor responsibility for
maintenance. This means that the Corps will need access to the edge of the breakwater on all sides in
order to perform maintenance to the armor rock slopes.
I talked to Alan Jeffries at the Corps about the O &M requirements on the breakwater. He consulted with the
O &M branch chief, who indicated that they don't require the City to provide an easement to allow access for
land -based maintenance on the breakwater or entrance channel. However, you should clarify whether it is the
City or Corps responsibility for maintaining the north and south rock slopes of the fill area. If it is the Oty's
responsibility to maintain those, you may want to consider an easement of sufficient width to fadlitate land -
based maintenance work. The "boardwalk" shown in TNH's concept plan could be designed to
accommodate these loads. The City should contact the Corps and /or the City Attorney to confirm this
and any additional requirements or restrictions.
However, if restrictions do apply, one outlet you may want to investigate is the federal requirement for
beneficial use of dredged material. The federal government encourages beneficial use of dredged
material for things such as restored wetlands, fish habitat, and parks, etc. The conceptual development
plan for the South Fill Area which includes a portion of the area being used for recreation —with a fishing
pier, pavilion, mariner's memorial, etc. More information can be found at
http://eterdc.usace.arrnv.mil/dots/budm/budm.cfm
2. Question Regarding Geotechnical Considerations for Building Foundations at the South Fill Area:
It is known that the South Fill Area consists of dredge spoils which were placed during the US Army Corps
of Engineers' breakwater project (2005). Because this was essentially a dredged material disposal area,
Engineering Surveying Landscape Architecture
4 0
8
911 West Eighth Avenue
Anchorage, Alaska 99501
907.279.0543 800.770.0543
Fax: 907276.7679
TRYCK NYMAN HAYES, INC. Email: tedt@tnh- inacom
the Corps did not conduct any compaction of the material as it was being placed. The material, primarily
sand, was pumped into the area and dewatered on its own without any special measures taken. We
understand that there is some concern within the City that this fill will continue to settle over the years
and that adequate compaction may not be achieved during construction.
As part of the design of the South Harbor access trestle, road, utilities, and restroom facilities, TNH, Inc.
subcontracted geotechnical engineers from Shannon & Wilson, Inc. (S &W) in 2006 to conduct a
subsurface geotechnical investigation induding four soil borings at several locations in the new fill area.
Their foundation design recommendations were followed in the design of these facilities. Note that it has
been over 3 years since placement of the fill and 2 years since this investigation was conducted. Most
natural settlement and compaction of new fill areas are generally expected to occur over 2 -3 years. We
do not expect significant additional natural settlement of the existing granular fill.
During the 2006 geotechnical investigation, the soil borings encountered 17.5 to 20.5 feet of granular fill
overlying native silty sand. The relative density ranged from loose to medium dense with moisture
contents between 3 and 12 %. Below the fill, the borings encountered loose to dense, clean to slightly
silty sand with moisture contents between 18 to 22 %. Water was encountered in the borings between
15 and 21 feet below ground surface. These levels are expected to change as tidal changes are
experienced.
The design of building foundations must consider the bearing support capabilities of the soils as well as
the expected settlements and the effects of seasonal frost action. The 2006 borings indicated that the
interlayered slightly silty, gravelly,_ sandy soils that were encountered in the area of the restroom facility
were already relatively compact. It is likely that because the dredged sediments used to create this fill
area were saturated with water when they were placed, a significant amount of compaction occurred
very quickly. S &W's recommendations indicated that the existing medium dense fill would provide
adequate support for the restroom facility. The restroom facility was designed accordingly using
adequately sized continuous strip footings and a concrete floor slab.
We do recommend a new geotechnical investigation prior to design /construction of new building
foundation(s), to obtain information specific to the area and cater the foundation design appropriately.
3. Question Regarding a Requirement for Pile Foundations:
I recall that this question came up previously when we were permitting the South Harbor Restroom
facility with the City of Seward. The City indicated that the City code follows FEMA requirements
regarding flood zones.
There is a City code that references construction in "Coastal high hazard areas" which are located in a
flood hazard area per FEMA. These areas have special flood hazards associated with high velocity waters
from tidal surges. These are usually areas located below the high water mark and are related to FEMA's
flood hazard insurance maps which identify these areas. The problem is the new fill area did not exist
• when the flood map was created —this area was navigable ocean at the time the map was last updated
and therefore it was induded in the flood hazard zone. Obviously, a structure build over the water must
be on piling. So, the confusion about the requirement for piling foundation in flood hazard areas results
from this outdated map designation. Again, from a geotechnical /engineering standpoint a pile foundation
is not required for any structure constructed sufficiently above the recorded extreme high tide line of 15-
ft elevation (MLLW) in this area. In this case, it is recommended that the City allow for a variance.
However, there may be a need within the City to get the FEMA maps updated to adequately reflect the
flood designation for the south fill area and other new fill areas around the harbor. (Note that the new
south fill area is at the same elevation as the former breakwaters, which are not designated as flood
zones in the old flood map).
Engineering Surveying
Landscape Architecture
41
9
NOTES WASTEWATER DISPOSAL i €3t s'i i i G %
SOWN NANBOR ST. 1 I 61 1 These parcels are gulat f fo fhe City o/ Sewad's Toning
and land use re 33 � 1
3w
r6 s� regulations. Plans for wastewater disposal, that meet regulatory n / R' Y
—\ requirements ore on Tole of the Department o/ TIN -�� GI,
1 0 2 No permanent structure may be constructed or placed Environmental Conservation. i� 0I ! V t I
LOT 1 ' — I within a utility easement which would interfere with the L„ h -
J ri� ability of o Utility to use the easement. 06 c M : � q � � 1 \
L -- sc BLOCK 6 J 76 $A i m r rnh }
/ wA6o SMALL 6087 080800 a i 1 Plot lJ
r a ( R-- urrection Boy
/.._. 1+ I u i 1
,.j 9 � 1 i . , 11 12
t0
BLOCK 8 ' .. I � 1 '
L2 . J 4 , 1 7r,' o
w a.. A TS 174 2
VICINITY MAP 1 " =1 MILE
�: - n e" Seward Boat Harbor 4 '1 _ ,•
.... uxuYr eigZi3 CERTIFICATE OF OWNERSHIP AND DEDICATION
g
1 d . _ — ' ° C We hereby certify that we are the owners of the real property
' "' 4H,! -I shown an described hereon and that we hereby adopt this plan
y LOT 2 � {.. � I r C of subdivision. and grant all easements by our free consent.
e
.i 1 I .: I M3 M4
.
i� '47x• S t y` � .. " I , MC . 0- %�.:..'4 , a >d.4 aa� fe,- = . v '", - � , , r ? 3
f .Ii' :. "' I�' . � ` r D .. y .. " . z .i.:r�� i f�,i' , r ' M
bi s � (
" . • leW ... .. �. l /- � �t r r�`i City Manager
. iK:':.. 1 . I" pn �, Lr 4 �i; ^.r "N., City o/ Seward
2 . ,..... 7 I.... .T , /� t ' ' r 0 P.O. Box 167
....... . .4eC'� ..s.... �.LL vJ . t JV Seward, AK 99664
Et
44
5 j !7_... . r ``~ y ' " ' - ` y� ' NOTARY'S ACKNOWLEDGEMENT ■ _ may _ __ __ ---- _________ I 3
_ � . 66' ::iYXeq� ______
0 1:: Y" / _ " 1 � ' xa - f FOR:
H ' 7 7 9 .d / '7 � ((I • . SUBSCRIBED AND SWORN TO BEFORE ME THIS
4 80' — . w I LOT 178 ,,— 1, `"° ' DAY OF .20
fi 1 BLOCK 6 , 7'; r.1 i �. — �ti t ' 't \ P 9 Ac•� ` YS ,., „ 1� NOTARY FOR ALASKA MY COMMISSION_ PIRfS
BD w �- — H k I y 4' .,- 'rn ',,, a _ }° . v h Cf .: y ` : ' `v Q� i.
� J tiE � i 4- a r d .
BLOCK 7 1 1- ' ' 8 E ATS 174
F. — —13 t . 0 426 71w Resurrection Bay
i. BLOCK H 8 I .. . \
- — — t _ II #� �� _ PLAT APPROVAL
0 r : . f L fA1'Lyr'y> $ .� '•4 This plat was approved by the Kenai Peninsula Borough
— 1 — — -e I "' 1 Q 'J27"W UPLANDS LINE TABLE Planning Commission at the meeting ok
l E �, 7 DD � - LINE BEARING DISTANCE
VAN BUREN ST.
. . - . a• ' \1 L 1 S53'07'38` - 8558'
— a
•. L2 N08V6 '05'£ 29.37'
D L3
N6B 06'13 E 67 +4' LEGEND Borough Official _ � _ "" 5
'
L4 00'34'32 "E 15.82' 4' Found Monument PRELIMINARY PLAT
1 I — 1 I u x Z L5 0014'I2`E 14.90'
- C ® Found PK Nail
L6 S2957'44 "W 35.40' SEWARD SMALL BOAT HARBOR
" 9 I 7' -\ • Found RB & Al. Cap
1 80' 1 &OM 6 1 1 Aa0l TION 1 80' 'BLOCK 7\ MEANDER LINE TABLE o se ea & Pi. cop SOUTH HARBOR ADDITION
LINE BEARING DISTANCE • Found Rebor A RESUBDIVISION OF
MI 563'08'23 "E 53.96' Uplands Parcel Boundary LOT 17, BLOCK 6 SEWARD SMALL BOAT HARBOR
M2 533 74.25' - - -- Tidelands Parcel Boundary PLAT NUMBER 2000 -
SURVEYOR'S CERTIFICATE 1,13 S7955 88.41' r • • • Vacated Property Lines LOTS 8 THROUGH 20, BLOCK 8, LAUBNER ADDITION
144 N8978 £ 767.79' Existing Easmenfs PLAT NUMBER 2
1 hereby certify that; I am properly registered and licensed M5 N31'14'23 "E 379.72' Proposed Easement AND A PORTION OF ALASKA TIDELANDS SURVEY 174
to practice land surveying in the State of Alaska, this plot 416 N5959'20 "E 21.95' —s Sanitary Sewer PLAT NUMBER 39
represents a survey made by me or under my direct supervision. M7 563'44 "E 19.33' —v— Waterline LOCATED IN THE SW 1/4 SECAON 3
the monuments shown hereon actually exist as described, and M8 501'16'35 "E 26.90' — —a— Storm Drain T1$ R1W, SEWARD MERIDIAN, ALASKA
all dimensions and other details are correct 70 the normal M9 S3024'08'14' 42228' Electric KfNAI PENINSULA BOROUGH
standards of practice of land surveyors in the State of Alaska. M10 S5154'31`W 137.36'
cr
...� WI 5317)'33 'W 141.12' Overhead UtNify lines CITY OF SEWARD
� - 44 9 Sewer Manhole SEWARD RECORDING DISTRICT
012 58057'09 "W 83.92'
�� ab MiJ 57270'00 "W 538.74' Water Vadve Box CLINE AND ASSOCIATES
Dote = � •lP..• r•••.•••••••• ••... lace AS Fire Hydrant
h el Storm Drain Ma nhole
•
° 09th ` a r e CURVE DATA LAND SURVEYORS
CURVE RADIUS DELTA LENGTH CHORD BEARING Power Poles
;.. .. -.. en. 416 4th AVENUE PD BOX 2703 SEWARD, AK 99664
e-•• i•W - ........... iwi C7 21700' 16'57'54` 64.00' 63.77' N0876'S9 "E F' Guy Anchor
a:wm. Wiwi. Wiwi. her (907) 224 -7324 FAX (907) 224 -6088
� a,
ea L5 - 7569 DATE 12/31/2008 SCALE 7" w 100'
4 Electric FocNlties
4. ''
. .....„.:11 " DRAWN: WNC F.D. BK.: 08 -07
DRAWING NO.: 08 -46PP7 , K.P.B. nLE p. 2009-
Sponsored by: Corbridge
CITY OF SEWARD, ALASKA
RESOLUTION 2006 -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUPPORTING THE CONCEPT OF THE MARINERS
MEMORIAL FOR THE SMALL BOAT HARBOR
WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and
WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and
WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly
influenced our history and economy, and
WHEREAS, Seward currently does not have a memorial honoring those who have
risked hazardous sea voyages in the course of building our community and others who lost their
lives in our local waters; and
century; Wand HEREAS, the fishing industry has been a mainstay of the community for more than a
WHEREAS, memorial plaques commemorating local mariners do not have a dedicated
memorial for display; and
WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual
Blessing of the Fleet and other marine - oriented ceremonies, and
WHEREAS, a Mariners Memorial will serve as a monument to our maritime history;
and
WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai
Fjords Yacht Club has started a Mariners Memorial Fund through the 2003 Seward Centennial
non - profit account; and
WHEREAS, resolutions of support for the concept of the Mariners Memorial have been
passed by the Port and Commerce Advisory Board, the Seward Historic Preservation
Commission and the Seward Planning and Zoning Commission; and
WHEREAS, additional donations and grants to fund the design, construction, and
maintenance of a Mariners Memorial will continue to be sought by local organizations and
individuals.
43
20
rrr►
r soninw
CITY OF SEWARD, ALASKA
RESOLUTION 2006 -49
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward,
Alaska that:
Section 1. The Council of the City of Seward, Alaska supports the concept of a Mariners
Memorial for the Seward Small Boat Harbor.
Section 2. The design, construction, and maintenance of the memorial will be funded by
grants and donations to the Mariners' Memorial Fund.
Section 3. This resolution shall take effect immediately upon its adoption
PASSED AND APPROVED by the Council of the City of Seward, Alaska this 8th day
of May, 2006.
THE CITY OF SEWARD, ALASKA
C
Vanta Shafer, Mayor
AYES: Dunham, Valdatta, Lorenz, Thomas, Schafer, Bardarson, Shafer
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
•
Manna Dollerhide
"Acting Ng �C lerk
0 7..t pli Se # •
•I SEAL lei
i
• -F- s
•q � OF 4 �' 4
21
Council Agenda Statement
Meeting Date: May 8, 2006
Through: Clark Corbridge, City Manager
From: Malcolm Brown, Planner
Agenda Item: Supporting the concept of the Mariners -
Memorial for the Seward Small Boat Harbor
BACKGROUND & JUSTIFICATION:
The Kenai Fjords Yacht Club has submitted a request of support for the concept of a
Mariners Memorial for the Seward Small Boat Harbor. This has been an ongoing project for
several years.
Numerous civic and social organizations throughout the community support the Mariners
Memorial. Letters of support, including the Port and Commerce Advisory Board, Resolution
2004 -07 the Historic Preservation Commission, Resolution 2006 -01 and the Planning and
Zoning Commission 2006 -10 are included in the packet for review.
A Mariner's Memorial Fund has been established at the First National Bank. Local
organizations and individuals will continue to pursue additional donations and grants to fund the
design, construction and maintenance of the Mariner's Memorial.
FISCAL NOTE
This activity does not require appropriation of any funds.
Approved by Finance Department
RECOMMENDATION:
Council approve Resolution 2006 -XX, supporting the concept of the Mariners Memorial for the
Seward Small Boat Harbor.
4 5
22
.rr►
CITY OF SEWARD, ALASKA
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2004 -07
A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD
OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE DESIGNATION
OF A PORTION OF THE NEW SOUTH HARBOR UPLANDS ADDITION AS
THE SITE FOR A MARINERS' MEMORIAL
WHEREAS, Seward's history and economy are tied to its position as a seaport; and
WHEREAS, Seward has no memorial representing the many locals who dedicated their lives
to service at sea, and others who lost their lives in our local waters; and
WHEREAS, survivors of local mariners have had memorial plaques made but have no
where designated to display them; and
WHEREAS, Seward has no good venue for its annual Blessing of the Fleet and other
marine- oriented ceremonies; and
WHEREAS, a mariners' memorial could also serve as a reminder of our maritime history
and the importance of safe boating practices; and
WHEREAS, the local Kenai Fjords Yacht Club donated $1000 (one- thousand dollars) in
March 2004 to start a Mariner' Memorial Fund through the 2003 Seward Centennial non - profit
account; and
WHEREAS, other donations and grants would be sought by local residents and
organizations to fund the design, construction, and maintenance of the mariner's memorial.
NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE
ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, THAT:
Section 1. The Port and Commerce Advisory Board supports designating a portion of the
new south harbor uplands addition for the location of a mariners' memorial.
Section 2. The mariners' memorial would be funded by the Mariners' Memorial Fund.
Section 3. Other donations and grants would be sought to fund the design, construction, and
maintenance of the mariners' memorial.
Section 4. This resolution shall take affect immediately upon its adoption.
23
CITY OF SEWARD, ALASKA
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2004 -07
PASSED AND APPROVED by the Port and Commerce Advisory Board of Seward, Alaska, this 1
day of September 2004.
PORT AND COMMERCE ADVISORY BOARD
DEBORAH ALTERMATT, CHAIR
AYES : Altermatt, Lechner, Tougas, Van Buskirk, Jordan, Waliezer, Whitman,
NOES: None
ABSENT Mercer
ABSTAIN: None
ATTEST:
tom. /t 1111
IIIV � t ovae rrrr
ity Seal) O ".7 r' ��
®
� Oy �vf � L��t
N •• '�'; • °
'0% 4
tom: ,.•' L-Ld
• e cr
� b
A rt.
•
4 7
24
e.
Sponsored by: Staff
CITY OF SEWARD, ALASKA
HISTORIC PRESERVATION COMMISSION
RESOLUTION 2006 -01
A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION
COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS
MEMORIAL FOR THE SEWARD SMALL BOAT HARBOR
WHEREAS, the first ship built in Alaska is believed to have been built in the Resurrection
Bay area; and
WHEREAS, the historic settlers of Resurrection Bay all arrived by boat; and
WHEREAS, the first American pioneer settlers of Seward arrived by steamship; and
WHEREAS, Seward's history and economy has continued to be directly influenced by its
position as an ice -free seaport in south central Alaska; and
WHEREAS, Seward does not have a memorial honoring those who have risked hazardous
sea voyages in the course of building our community and others who lost their lives in our local
waters; and
WHEREAS, the fishing industry has been a main stay of the community for more than a
century; and
WHEREAS, memorial plaques commemorating local mariners currently do not have a
dedicated memorial for display; and
WHEREAS, Seward needs a good venue for its annual Blessing of the Fleet and other
marine - oriented ceremonies, and
WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and
WHEREAS, the Kenai Fjords Yacht Club donated $1000 (one thousand dollars) in March
2004 to start a Mariners' Memorial Fund through the 2003 Seward Centennial non -profit account;
and
WHEREAS, local organizations and individuals will pursue additional donations and grants
to fund the design, construction, and maintenance of a mariners' memorial;
4 3
25
Seward Historic Preservation Commission
Resolution 2006 -01
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation
•
Commission that:
Section 1. The Historic Preservation Commission supports the concept of a Mariners
Memorial for the Seward Small Boat Harbor.
Section 2. The design, construction, and maintenance of the memorial will be funded by
grants and donations to the Mariners' Memorial Fund.
Section 3. This resolution shall take effect immediately upon its adoption
PASSED AND APPROVED by the Seward Historic Preservation Commission this 15 clay
of February 2006.
THE CITY OF SEWARD, ALASKA
t om Swann, Vice -Chair
AYES: Park, Rowell, Walker- Hettinger, Swann
NOES: None
ABSENT: Huber, Carpenter, Kovac
ABSTAIN: None
ATTEST:
.le i f Lewis, .z' "_•:
C r Clerk,
(City Seal) .
0 V
1 i
1
26
rrr►
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2006 -10
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS
MEMORIAL FOR THE SMALL BOAT HARBOR
WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and
WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and
WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly
influenced our history and economy; and
WHEREAS, Seward currently does not have a memorial honoring those who have
risked hazardous sea voyages in the course of building our community and others who lost their
lives in our local waters; and
WHEREAS, the fishing industry has been a mainstay of the community for more than a
century; and
WHEREAS, memorial plaques commemorating local mariners do not have a dedicated
memorial for display; and
WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual
Blessing of the Fleet and other marine- oriented ceremonies, and
WHEREAS, a Mariners Memorial will serve as a monument to our maritime history;
and
WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai
Fjords Yacht Club has started a Mariners' Memorial Fund through the 2003 Seward Centennial
non-profit account; and
WHEREAS, additional donations and grants to fund the design, construction, and
maintenance of a mariners' memorial will continue to be sought by local organizations and
individuals.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
27
Seward Planning and Zoning Commission
Resolution No. 2006 -10
Page 2
Section 1. The Planning and Zoning Commission supports the concept of a Mariners
Memorial for the Seward Small Boat Harbor.
Section 2. The design, construction, and maintenance of the memorial will be funded by
grants and donations to the Mariners' Memorial Fund.
Section 3. This resolution shall take effect immediately upon its adoption
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th
day of April, 2006.
THE CITY OF SEWARD, ALASKA
M., 'anna Keil, C s _ 7
AYES: Strobel, Roach', Hohl, Anderson, Clark, Smith
NOES: None
ABSENT: Keil
ABSTAIN: None
ATTEST:
. (i i o
City Clerk Ache)
.ti S'r`►
4 0: 4" 11;554 ;:\ e '` )
28
..mi.
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
CALL TO ORDER
The June 14, 2010 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Vice Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to
ROLL CALL
There were resent: Jean Bardarson presiding and ari�1
Linda Amberg ®ob ldatta� ��
Vanta Shafer S "
comprising a quorum of the Council; and
Kris Erchinger, Actin � . , ager
g g
Jean Lewis, City Clerk, „
Johanna Dollerhide, Depu ,, s
w
ABSENT — Mayor W 1 , am , ,,
CITIZENS' C I, �� ,. 0 `' `, BJE -'EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEA � �
,/, , , Preservation Commission tonight
�� , har � � °�� ' cans i� ate for the Historic Prese g
and $ $.„ $ ed °,,c, o � " • % • rt on $ N SSlon.
' d . er Hea'g . d Dot : ardarson briefly spoke on the recent murals both placed in the
comm n . 0• a last ' = They were happy to be a part of the mural exchange with Seward's
Sister Ci 4 _ c w e . e Pro ":4 and supported the resolution on the agenda before the council tonight.
They woul . ??;,,',,,,',44'414.,!, . a port later in the agenda. .
Jack Wal ski, local cab owner, had questions about the shuttle busses for cruise ship
passengers. He thought the busses were doing more than was supposed to and felt they were taking
the whole volume of cab income. Walganski wished cabs would have been part of the process an d
were more than willing to help with the cruise ship transportation.
By unanimous consent, council suspended the rules to allow for comment by the Acting
City Manager Kris Erchinger and Community Development Director Christy Terry to
respond. Erchinger stated this was in response to cruise ship grant monies dedicated from the state
cruise sh tax. Terry echoed these comments, elaborating that the RFP for this service occurred, but
also agreed with Walganski's suggestion of a voucher plan for the cabs. She also addressed the issue
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
of the bus running on non cruise ship days and that was because they could keep cruise ship goers in
town, hopefully. Terry did not know if the capacity of the taxis in town would satisfy the need.
Overall the response was good; cruise ship companies had reported to the city that they were
addressing the biggest, most major need, which was transportation. Terry also noted the grant was
for two years, but only funded through this year and they certainly could evaluate for the next year.
Shafer confirmed Terry's comments that this was a need identified by the cruise ship industry.
Amberg hoped administration could look at amending the contract fo ` ; cab companies. Smith
liked the voucher system idea.
Michael Stewart, driver for PJ's taxi, stated they pull 'it" > - ship terminal and there
would be no activity of cruise ship goers for cabs — all loo Vii, e b' m. ;,t it should have been
�"
looked at in the beginning. It was a huge impact on th- Q ` •wn � � a there year round
and felt they should be considered. p
APPROVAL OF AGENDA AND CONSE , 1 A _
Motion (Keil/Shafer) 0 t ofgenda and Consent Agenda
The following was placed on the re da:
Appointed candidates Ryan Reynolds, r s ' and . therine Richardson to fill three
vacancies on the Histori - '
„ rvation a C: e a ; ifirms to expire May 2011 and May
2013.
e
Motion Passed ° ' ynanimous
The followin: was adder y.
Und o ther p + • ss ite o r t tiling a work session for T Line emergency repair was
Izotott
The c e foil: i'Vg approved consent agenda items:
The May 2 l'gr, gulaar City Council Meeting Minutes Were Approved.
Resolution 2010:K6., 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.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A memoriam was read for Donald McCloud.
irk
City Council Minutes
City of Seward, Alaska Volume 38, Page
June 14, 2010
Borough Assembly Report, Sue McClure stated the Assembly passed the budget and
amended the mayor's budget by cutting approximately $2 million dollars. The teacher jobs that were
put on hold were reinstated, thankfully. The mill rate would stay the same. Locally, the contract for
replacing the elementary school floors was awarded. The seats in the Seward High School
auditorium would be replaced. The Assembly had to authorize more funds for the smart boards in
the school system as a result of federal grant money, but needed installation funds. McClure thanked
council for the navigability work session last week. She invited p . o come to the Seward
Historical Society Annual Cemetery Walk on June 21, 2010.
City Manager's Report, Acting City Manager Kr*- � � stated the city manager
would return from his summer travels on June 27, 2010. T • bore a transformer for Z-
float at a cost of $11,700.00 using Denali Commission , x dditi • 4 0 was spent on the
destruction of unsold derelict vessels at SMIC, an e as .4 1 $13, • s s • ent on the
transport and processing of the contaminated soil the ash • oad spill s � ' •ublic works
department had engaged the services of M. o c duct an assess of the City's
wastewater system (to evaluate the condition an �< g ,'f the syste in the amount of
$20,000. The electric department was spending $22,• j ' hase 14 treated wood power poles.
Council was also given a lay down o w more items � not included in this report.
On Friday, June 11, 2010, the ci opy of a s oc . rk order by the Department of
Labor that was served on Godwin Glacier Q° : : • win ': cier Tours was given a short term
lease on property at SMI k �� e city for 1 1 i i 'which expired November 28, 2009.
Godwin Glacier Tours r ai s, t - i ' to vacate s he pr s * and remove all their equipment to no
avail. Connexes, fu- ,s, et e still on the site as of today, accruing daily yard storage fees.
When the owner 4 6 • he k 6 8 : lel o = Is bye the equipment and pay the city the fees, he
now stated the city owes ; i ® ' ' 1 0 e Ater rescues of 2009, which tallied over $8,000.
A final decisio, had yet to 4 "; � an e City should pay for the rescues. At issue was the
fact that w+ ® � .1 dated ` -�, es a announced such at a City Council meeting, but then
withs the . �� - r the , ,,Ito approve his requested lease. In any case, the City would
at ; et any r • the ci a ;ti: any; against charges the company owes the City for storage
f s.
In tot • i ty fil • w the courts of eminent domain for the final property
acquisition fo rest Acres Levee Road, Attorney Bill Cummings was served on May 29,
2010. An answer d m on the complaint, made on behalf of all owners, was due on or before June
18, 2010.
Governor Parnell did not veto any of Seward's projects in the State's budget process. The list
of approved projects included the following: $1 million for Alaska Sealife Center Biofouling
Remediation, $150,000 for Alutiq Pride Shellfish Hatchery Repairs and Upgrades, $1.5 million for
Jesse Lee Home Restoration, $1.5 million for Mooring Dolphins and Dock Improvements at SMC,
$300,000 for Coast Guard Building Relocation, $2 million for Security Float in the Small Boat
Harbor, and $4.7 million for the Seward Community Library. In total with other awards to the
community, Seward received approximately $49.67M for projects that impacted Seward.
0 '
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
West construction was setting up operations to begin blasting quarry rock for the harbor
breakwater extension. They had set up an office trailer in the south uplands parking lot. They
started blasting last week and will continue until August. Actual work to extend the breakwater was
scheduled to begin after the Salmon Derby. A chain link fence was installed around the Q -float gut
• barge in an attempt to keep our friendly sea lions out as a test project. The Harbor was currently in
the process of upgrading the northeast fish cleaning station.
The finance department was working with the City's refuse c • t � ::.0 ,bring forward a new
contract for the City Council's review and approval. If approve _ e Co cil, administration
intended to put request that Council this before the voters at
q p P - election in October, as
required by the Seward City Code and Charter, which re' fr. ` 7 ,t eements to be voter-
,
approved.
The draft RFP for construction of the No „ft s rest cres Aevee /Roar . g finalized.
The next task would be to begin preparation t.-- i �' services contra =sr the City.
Public Works was busy with Phase 1 of the Wat . r tl % ojec was ahead of schedule and the
contractor should be completed by en ' une. The tie i`" e cur early in the week. There was
ongoing hydrant repair, replacement + '° . maintenan i'cates had been done at the
request of summer contractors. In the s ° d s ent, pain ° 'lWas almost complete. The new
CAT tractor D6 was in sho and read " �
� ) p y' � ���� g� ew surge ork on the beachfront had been
completed and staff was ! ` " with P &' .. 6 , replete the bike path paving in June.
They had also been pr;.. ° - pt. of Ho ee -lans "
- ty inspection on June 24`
The El me � e i : .
M g `' e process of relocating the transmission line in
conjunction with the ' : ' , . d project. Minimizing the amount of time spent
with this line down was c e. •, au � e would be on generation as long as the transmission
line wa . fi e ectri , come eted installing the new electric service to the AT &T cell
pho ower • 2010 i��r� es were ordered to use on the North Forest Acres Levee
p . • to rep i e ages 's on the transmission line.
k's C 1 , City Clerk Jean Lewis stated in May she attended the International
Institute o' ` . ; `'. ; • al Cl : in Reno, NV which helped with clerk certifications and recertification.
She attendee ` ffi : . dersh ethics, customer service, motivation, records management and
more. Lewis no ocus was on records management as it was a big problem currently in their
office. A resoluti • "would come forward to the council regarding this. She sent an email around
today stating Se and had been announced as a runner up for the Civic Plus website makeover
contest. Lewis thanked council and citizens to allow her to go to training in these economic times
and it was much needed. Both she and Deputy Clerk Johanna Dollerhide were both on committees
for the Alaska Association of Municipal Clerks and both were chairs of committees. Lastly, Lewis
noted the trophies displayed tonight were from Obihiro, Japan for the Mount Marathon Race and the
Silver Salmon Derby.
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
Mayoral Report, Vice Mayor Bardarson referred council to the written report in the packet
as provided before the Mayor. She briefly listed the many events the mayor had attended for the
month of May.
Other Reports, Announcements and Presentations
A report was given on the International Friendship mural) 4;ect by Dot Bardarson
and Jennifer Headtke.
NEW BUSINESS
�� � �
Resolution 2010 -053, Authorizing The City Manage ° d _ r Int ent Agreement
With Chugach Electric Association. K -•
Motion (Keil/Amberg) ' ro ` ' esolution 201 111 3
Erchinger noted during budget approval, rates : by ive percent as well as an interim
rate increase for Chu g ach's customer , 1 , > s e city had bee - to team up with fellow utilities
against Chugach with their rate increl -ward increase as a part of this
interim rate. The settlement agreement �� , slight dec in what Seward was currently
paying. To individual customers, it wo �� chang necessarily, but this was being
assessed. Erchinger felt e to ha a - study, but not with this resolution
tonight.
In respo P te _ ti 'te' •te study would probably cost about $80,000.
In res •onse to S ctrl , -' Manager John Foutz stated expanding services
y
would a �� _ �t • and '�r tilities. There would be more cost associated with the
mars ance, : � • � • nues 0 inly out weigh the costs. Erchinger stated this was just the
doin.. and "` ` othing to do with fuel charges. The bottom line was there
o egati t to ' customers with this rate settlement.
, „
In �« � gi � to V tta, Erchinger said the fuel costs were what was really hurting users.
Shafer echo 4 s +t the city's fuel charge; it was Chugach' fuel charge. The Regulatory
Commission o '. 4-4 (RCA) considered the price of fuel in their reviews.
Foutz sta ed the RCA at one point did review Chugach' rates presented for fuel. Because
there was such a fluctuation in costs, they went to the RCA and requested to be able to break out the
energy charge from the fuel charge. RCA noted the fuel charge was to be just for the cost of fuel.
Shafer wanted to know what Chugach was doing about gas supply being limited in
Southcentral Alaska. Foutz said they were putting in new generation, but it would be natural gas.
Basically they were at a standstill. GRETC addressed more of the long term issues rather than the
short term. The task force he and the mayor were on was attempting to address the short term issues
- one was gas storage — where a company would come in and pump natural gas into the ground as a
r
O J
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
reserve tank. He thought that was the best solution at the moment, hydro electric was another
possibility but wouldn't be ready for many years. The gas pipeline was another long term solution.
Motion Passed Unanimous
Resolution 2010 -054, Approve The Seward Area Public Transit Human Services Community
. Coordination Plan For Submission To The Alaska Department Of., sportation And Public
Facilities.
Motion (Keil/Shafer) Approv o 2010 -054
er stated the purpose of this resolution i t`:
g P � �I ®a ehgi.
Erchinger al�. t funds with the
ultimate goal to reduce redundant services in the co ` Ifni •..:* was a lV w . rocess with a
goal of getting entities together to provide transpo v . n. She poin ed out no .
�� a mmitting to
specific funding in this resolution. Terry add -,I , ‘.7t. A q the ,■ups participatin 'ere the Seward
Senior Center, Providence, Seaview Community - . endent Livin• Center, as well as
the Mayor and city staff. Several public meetings were .. These were strictly proposals and
a draft to submit to the state.
Smith wanted to know if they wo p .. o the fire . , e recommendations. Terry did
not know if they could ask for something q :' '� ; w. me ®`.tion.
By unanimous conse ' , i% pended ,rule ' ` +v ow Jennifer Beckmann with Central
Area Rural Trans' ° em, ARTS) to eak.A eckmann called the report conceptual and
that CARTS nee .•= ; - . , ; ng . . . th s t to apply for grant funds. CARTS had tried to
spend funds in the pa ° « �i , !:. e it required a match. The requirement for this
coordinated Ilan involve f ii ' ds for transportation. Approving this would allow
funds t.: Yt,
a " • exp. q :: ea. y in place voucher program that the Independent Living
Cen - ', ad w t - ®°= omp 9 - report was a draft; and Beckmann hoped to meet again in
t was n - _ one n ® . , s it carry any fiscal note. She stated the plan would like to
iiti , Mrs ; -s in th= 4,° .,. ity .ther than put new vehicles on the road.
Motion ° p r Unanimous
3
. N .
Resolution 201 s upporting The Seward Mural Society's Proposal To Oversee Japanese
Artists Paint An l i"iternational Friendship Mural In Obihiro Japan In 2010 And Inviting
Artists To Paint A Similar Mural In Seward In 2013 As City Birthday Gifts In Honor Of The
Withstanding Sister City Relationship.
Motion (Keil/Shafer) Approve Resolution 2010 -055
Erchinger spoke in support of this concept. This agenda statement noted the individuals from
the community who would travel, but she thought the city would do what they could to support the
mural society.
City of Seward, Alaska City Council Minutes Volume 38, Page
June 14, 2010
Bardarson didn't think they could commit funds.
Motion to Amend (Shafer/Keil) Amend Resolution 2010 -055, by striking "a
couple Seward artists" and adding "a small
group of Seward artists" in the 4th
Whereas, and replacing "resurrect" with
"erect" in the 5 ereas.
Motion to Amend Passed Unanimo
Motion to Amend ( Shafer/Keil) Ame k so ' 0 -055, by striking
ccr a e" an Q Cl a t "! ', "participate in a
:nge "i :4 ! 2.
Motion to Amend Passed � iri ni u s
,
Main Motion Passed as Amended 9 a . a: s
OTHER NEW BUSINESS
Appoint three applicants to the Histori 1 I Com ssion.
pP PP o °�
Motion Shafer /Amb . ' s ? ,. n t Ryan Reynolds, Catherine
4 �� ardson, and Tim Sczawinski to the
ltommission with two terms expiring May
2013 and one term expiring May 2011.
Motio � _ Unanimous Consent
4
sessio l emergency repairs to the T -line for June 21, 2010 at 5:30
Y €
INFO ' L I S AND REPORTS (No action required)
CITIZENS' , t TS — None
COUNCILS' COMMENTS
Shafer said it was her bookstore's second year anniversary today and thanked the citizen's
for their support.
Smith said Seward did well on the governor's budget, and the city manager and mayor spent
a lot of time on this.
Valdatta complimented all involved with the combat fishing tournament.
J3
City of Seward, Alaska City Council Minutes
June 14, 2010 Volume 38, Page
Amberg echoed Valdatta's comments and noted disappointment on the lack of coverage in
the media on this combat fishing event. She hoped next year there would be more involvement.
Bardarson thanked all volunteers in Seward.
. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZE " OMMENTS - None
ADJOURNMENT
The meeting was adjourned at 9:22 p.m. .
, n
Jean Lewis, CMC d -l�-. s , , n
City Clerk , � r
'.
'
(City Seal)'
C
O 3
Council Agenda Statement
Meeting Date: June 28, 2010 a �Of S
To: Mayor Dunham, City Council Members 0
From: Jean Lewis, City Cle 01 diCe►syP
Agenda Item: Prioritization of 2010/2011 Travel budget and
commitments
BACKGROUND & JUSTIFICATION:
It is halfway through the 2010 budget year, so balances are provided in a couple of Mayor /Council
accounts to frame your discussion.
Attached is a copy of an excel spreadsheet the City Clerk's Office keeps on each of your travel
accounts. The three accounts listed are council travel, promotions and contingency. The annual
budget is at the top and the approximate total is at the bottom.
Also attached is the actual spreadsheet from the Finance Department on how much was actually in
those accounts as of June 18, 2010. The approximate balances are:
Travel - -- $5,800
Promotion - - -- $1,900
Contingency - - -- $6,200 (Finance has $11,493.00 but we have penciled out $5,000 for Wada Tour)
INTENT: To prioritize and keep informed on upcoming travel plans and obligations.
CONSISTENCY CHECKLIST: Where applicable, this resolution /ordinance is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures.
Other:
ATTORNEY REVIEW: No
FISCAL NOTE: Advisory agenda statement. No fiscal impact at this time.
Approved by Finance Department:
RECOMMENDATION:
Discuss upcoming travel plans and prioritize if needed.
Travel Subsistance Prepared by Nanci Richey 6/21/2010 Page 1
2010 BUDGET
-
AC
TOTAL BUDGET
ravel/Subsistence 101 -1110 -5140 $17,000.00 .-
DATE Brief Description Amt. Deducted Amt. Remaing
$17,000.00
01/06/10 Dunham/Breeze Inn /Obihiro Mtg. $36.17 $16,963.83
01/13/10 Christos /Qutecak Luncheon $193.05 $16,770.78
• 01/13/10 Dunham/EDD Mtg/Kenai $310.00 $16,460.78
01/21/10 AK Air/Reservation Change $263.40 $16,197.38
01/30/10 Bardarson /Jun -DC -Green Bay $2,439.93 $13,757.45
01/30/10 Dunham /Jun -DC -Green Bay $2,909.33 $10,848.12
02/26/10 Soda & Supplies $44.97 $10,803.15
03/08/10 Dunham /Anc/Wada Reception $130.00 $10,673.15
03/15/10 Dunham /Juneau $261.48 $10,411.67
03/10/10 Dunham /Soldotna/UAA Reception $100.00 $10,311.67
03/19/10 Safeway /water and soda $47.92 $10,363.75
03/22/10 Dunham /Seattle /Cruise Ship Mtgs. $1,989.12 $8,374.63
04/27/10 Breeze Inn/Hotel Owners Lunch $39.32 $8,335.31
04/28/10 _ Dunham/Kodiak/AML /ACoM _ $1,350.00 $6,985.31 Pending
—
05/10/10 Dunham /Soldotna /Mayor Mtg 5100.00 $6,885.31
05/14/10 Dunham/Nome/Wada /Canceled $75.00 $6,810.31
05/24/10 Safeway /CC Work Session Dinner $74.30 $6,736.01
06/04/10 Dunham/Nome/Wada $638.00 $6,098.01 Pending
06/17/10 Safeway /food for worksession j $20.65 6
06/21/10 Safeway /soda, ws supplies $72.71 $6,004.
Promotions 6/21/2010 Prepared by Nanci Richey
Budget 2010 .
ACCOUNT NAME A C['OUN ► BER TOTAL BUDGET
PROMOTION 101 -1110 -5730 D $5,000.00 a ___.../'
Vendor BRIEF DESCRIPTION TOTAL AMOUNT TOTAL REMAINING
$5,000.00
Brown & Hawkins Japan Wada Delegation /Chocolate $47.50 $4,952.50
Alaska Shop Japan Wada Delegation /Gift Wr $16.46 $4,936.04
Hotel Seward Japan Delegation/Wada $575.25 $4,360.79
RBHS DVD's Wada Delegation $119.70 $4,241.09
Pin Center City Pins $990.00 $3,251.09
Starbird Postcards $300.00 $2,951.09
Sweet Darlings Candy for KPB Assembley $35.00 $2,916.09
Bovey Trophies Japan $210.00 $2,706.09
Apollo KPB Dinner $745.53 (2 Bovey Tropies Plaque Princess Cruise Line $41.60 1,918.96
62
Contingency 6/23/2010
Prepared by Nanci Richey
2010 BUDGET
ACCOUNT NAME A.CCOU► - TOTAL BUDGET
Contingency 101- 1110 -5690 ' $15,000.00
DATE BRIEF DESCRIPTION AMOUNT DEDUCTED AMT. REMAINING
01/08/10 Pat Williams Sign $1,200.00 $13,800.00
$13,800.00
03/22/10
Mayors Cup Donation $100.00 $13,700.00
04/02/10 Wada Marathoners Tour $5,000.00 $8 700 i
Silver Salmon Derby $2,500.00 '.6,200.00 .._1_3b\,..16 .._1_3b\,..16 b
�t�
GLINQR BUD 22- Jun -10 08:36 AM [KIM]S PAGE 1
C i t y of S e w a r d
Summary Inquiry by Account Number
Part Code Description Part Code Description
GL 5140 Travel /Subsistence GRANT: 000 Not used
FUND: • ener
SBACCT: 0000 Not used •
DEPT: 1110 Mayor and Council
PROJ: 00000 NONE
PER Rev Budg Amt CP balance Encumbrance
0110 17,000.00 539.22 0.00
0210 0.00 2,530.94 0.00
0310 0.00 6,255.33 0.00
0410 0.00 8,467.37 0.00
0510 0.00 10,161.89 0.00
0610 0.00 11,122.79 0.00
0710 0.00 11,122.79 0.00
0810 0.00 11,122.79 0.00
0910 0.00 11,122.79 0.00
1010 0.00 11,122.79 0.00
1110 0.00 11,122.79 0.00
1210 0.00 11,122.79 0.00
f1 $
61
GLRDES DES 22- Jun -10 08:38 AM
General Ledger Report
C i t y of S e w a r d
For accounting periods 0110 -0610
FUND selection: 101 AND DEPT selection: 1110 AND GL selection: 5140
FUND: 101 General Fund
DEPT: 1110 Mayor and Council
GL: 5140 Travel /Subsistence
PARTS:; PROJ: 0000 NONE
Acct Primary
Grt Src Per SY Batch Reference Description
Debits Credits Balance
• 000 PJ 0110 AP 26542 479 OBIHIRO EXCHANGE MEETING LUNCHEON
36.17
000 PJ 0110 AP 26563 479 CHRISTO'S PALACE LUNCHEON W /QUTECAK 193.05
000 PJ 0110 AP 26628 479 ECONOMIC DEVELOPMENT DISTRICT FORUM
310.00
TOTAL 539.22 0.00 539.22
000 PJ 0210 AP 26707 287 ALASKA A 0272145009567 31.70
000 PJ 0210 AP 26707 287 ALASKA A 0272145009565 31.70
000 PJ 0210 AP 26707 287 ALASKA A 0272145009563 100.00
000 PJ 0210 AP 26707 287 ALASKA A 0272145009564 100.00
000 PJ 0210 AP 26788 1580 MTGS W /LOBBYISTS AND UNVEILING OF N 755.06
000 PJ 0210 AP 26788 479 MTGS W /LOBBYISTS & UNVEILING OF NEW 973.26
TOTAL 1,991.72 0.00 2,530.94
000 PJ 0310 AP 26930 287 WESTMARK BARANOF HOTEL 632.00
000 PJ 0310 AP 26930 287 HILTON GARDEN INN ARLI 1,134.47
000 PJ 0310 AP 26930 287 HILTON GARDEN INN ARLI 1,134.47
000 PJ 0310 AP 26930 287 WESTMARK BARANOF HOTEL 387.00
000 PJ 0310 AP 26930 479 JAPANESSE DELEGATION RECEPTION 130.00
000 PJ 0310 AP 26973 12 SODAS,CLOROX WIPES 44.97
000 PJ 0310 AP 26973 479 MTG W /GARY STEVENS 261.48
TOTAL 3,724.39 0.00 6,255.33
000 PJ 0410 AP 27098 479 UAA RECEPTION 100.00
000 PJ 0410 AP 27098 287 ALASKA A 0272147358898 75.00
000 PJ 0410 AP 27140 12 WATER,SODAS 47.92
000 PJ 0410 AP 27196 479 CRUISE SHIP MEETINGS 1,989.12
TOTAL 2,212.04 0.00 8,467.37
000 PJ 0510 AP 27271 287 IVARS ACAS OF CLAMS #1 41.65
000 PJ 0510 AP 27271 287 DIAMOND ARPT PARKING 5 25.20
000 PJ 0510 AP 27271 287 INTERNATIONAL PARKING 19.90
000 PJ 0510 AP 27271 287 DIAMOND PARKING 5080 20.00
000 PJ 0510 AP 27271 287 SEATTLE 684 -PARK 5.00
000 PJ 0510 AP 27271 287 425 QUEEN ANNE LLC 268.90
000 PJ 0510 AP 27271 287 HANGAR ON THE WHARF & 133.89
000 PJ 0510 AP 27271 287 THRIFTY CAR RENT -SEA 195.97
000 PJ 0510 AP 27271 287 UNION 76 60313640 22.44
000 PJ 0510 AP 27271 287 DIAMOND ARPT PARKING 5 50.40
000 PJ 0510 AP 27271 287 425 QUEEN ANNE LLC 280.46
000 PJ 0510 AP 27271 287 BREEZE INN RESTAURANT 39.32
000 PJ 0510 AP 27271 287 0 ASIAN KITCHEN 117.83
000 PJ 0510 AP 27271 287 APOLLO RESTAURANT 53.35
000 PJ 0510 AP 27271 287 WESTMARK BARANOF HOTEL 320.21
65
GLRDES DES 22- Jun -10 08:38 AM General Ledger Report
C i t y of S e w a r d
For accounting periods 0110 -0610
FUND selection: 101 AND DEPT selection: 1110 AND GL selection: 5140
FUND: 101 General Fund
DEPT: 1110 Mayor and Council
GL: 5140 Travel /Subsistence
PART3:; PROJ: 00000 NONE
Acct Primary •
Grt Src Per SY Batch Reference Description Debits Credits Balance
(Continued)
000 PJ 0510 AP 27271 479 KPEDD - MAYOR MEETING 100.00
TOTAL 1,694.52 0.00 10,161.89
000 PJ 0610 AP 27379 12 COOKIES ,OLIVES,CHIPS,NAPKINS,WATERM 74.30
000 PJ 0610 AP 27379 287 ALASKA A 0272150213832 365.50
000 PJ 0610 AP 27379 287 ALASKA A 0272150595414 512.00
000 PJ 0610 AP 27379 287 THE RANTING RAVEN 9.10
TOTAL 960.90 0.00 11,122.79
TOTAL PROD: 00000 11,122.79 0.00 11,122.79
TOTAL PART3 11,122.79 0.00 11,122.79
TOTAL GL: 5140 11,122.79 0.00 11,122.79
TOTAL DEPT: 1110 11,122.79 0.00 11,122.79
TOTAL FUND: 101 11,122.79 0.00 11,122.79
TOTAL Report: 11,122.79 0.00 11,122.79
6 U
GLINQR BUD 22- Jun -10 08 :35 AM [KIM]S PAGE 1
C i t y of S e w a r d
Summary Inquiry by Account Number
Part Code Description Part Code Description
CIE: - 5730 Promotion
) GRANT: 000 Not used
FUND: 101 General Fund
SBACCT: 0000 Not used
DEPT: 1110 Mayor and Council
PROJ: 00000 NONE
PER Rev Budg Amt CP balance Encumbrance
0110 5,000.00 0.00 0.00
0210 0.00 0.00 0.00
0310 0.00 694.95 0.00
0410 0.00 758.81 0.00
0510 0.00 1,748.81 0.00
0610 0.00 2,335.96 0.00
0710 0.00 2,335.96 0.00
0810 0.00 2,335.96 0.00
0910 0.00 2,335.96 0.00
1010 0.00 2,335.96 0.00
1110 0.00 2,335.96 0.00
1210 0.00 2,335.96 0.00
GLRDES DES 22- Jun -10 08:38 AM General Ledger Report
C i t y of S e w a r d
For accounting periods 0110 -0610
FUND selection: 101 AND DEPT selection: 1110 AND GL selection: 5730
FUND: 101 General Fund
DEPT: 1110 Ma or and Council
GL: 5730 Promotion
PART3:; PROJ: 00000 NONE
Acct Primary
Grt Src Per SY Batch Reference Description Debits Credits Balance
000 PJ 0310 AP 26973 429 FOOD, ROOM RENTAL & GRATUITY FOR JA 575.25
000 PJ 0310 AP 27039 903 DVD'S FOR THE WADA DELEGATION 119.70
TOTAL 694.95 0.00 694.95
000 PJ 0410 AP 27098 287 ALASKA SHOP INC 16.46
000 PJ 0410 AP 27098 287 BROWN & HAWKINS CORP 47.40
TOTAL 63.86 0.00 758.81
000 PJ 0510 AP 27228 1214 CITY OF SEWARD PINS 990.00
TOTAL 990.00 0.00 1,748.81
000 PJ 0610 AP 27355 377 POSTCARDS 300.00
000 PJ 0610 AP 27379 287 BOVEY TROPHIES 41.60
000 PJ 0610 AP 27379 287 BOVEY TROPHIES 210.00
000 PJ 0610 AP 27379 287 BROWN & HAWKINS CORP 35.55
TOTAL 587.15 0.00 2,335.96
TOTAL PROJ: 00000 2,335.96 0.00 2,335.96
TOTAL PART3: 2,335.96 0.00 2,335.96
TOTAL GL: 5730 2,335.96 0.00 2,335.96
TOTAL DEPT: 1110 2,335.96 0.00 2,335.96
TOTAL FUND: 101 2,335.96 0.00 2,335.96
TOTAL Report: 2,335.96 0.00 2,335.96
68
GLINQR BUD 22- Jun -10 08:37 AM
C i t y of S e w a r d [KIM] S PAGE 1
Summary Inquiry by Account Number
Part Code Description Part Code
Description
GL: 5690 Contingency GRANT: 000
F 01 enera and Not used
SBACCT: 0000 Not used
DEPT: 1110 Mayor and Council
PROJ: 00000 NONE
PER Rev Budg Amt CP balance Encumbrance
0110 15,000.00 0.00 0.00
0210 0.00 0.00 0.00
0310 0.00 557.00 0.00
0410 0.00 3,057.00 0.00
0510 0.00 3,057.00 0.00
0610 0.00 3,507.00 0.00
0710 0.00 3,507.00 0.00
0810 0.00 3,507.00 0.00
0910 0.00 3,507.00 0.00
1010 0.00 3,507.00 0.00
1110 0.00 3,507.00 0.00
1210 0.00 3,507.00 0.00
L! $I1,f'3.
63
GLADES DES 22- Jun -10 08:39 AM General Ledger Report
C i t y of S e w a r d
For accounting periods 0110 -0610
FUND selection: 101 AND DEPT selection: 1110 AND GL selection: 5690
FUND: 101 General Fund
DEPT: 1110 or and Council
(Z 5690 Contingency
PART3:; PROJ: 00000 NONE
Acct Primary •
Grt Src Per SY Batch Reference Description Debits Credits Balance
000 PJ 0210 AP 26788 2755 DONATION FOR MAYOR'S CUP RACE 100.00
000 PJ 0210 AP 26830 2755 DONATION FOR MAYOR'S CUP RACE 100.00
TOTAL 100.00 100.00 0.00
000 GJ 0310 GL 27142 AJE03 -29 I ZONE -PAT WILLIAMS PARK SIGN 557.00
TOTAL 557.00 0.00 557.00
000 PJ 0410 AP 27169 217 DONATION FOR 2010 SILVER SALMON DER 2,500.00
TOTAL 2,500.00 0.00 3,057.00
000 PJ 0610 AP 27355 1118 PAT RAY WILLIAMS SIGN 450.00
TOTAL 450.00 0.00 3,507.00
TOTAL PROJ: 00000 3,607.00 100.00 3,507.00
TOTAL PARTS: 3,607.00 100.00 3,507.00
TOTAL GL: 5690 3,607.00 100.00 3,507.00
TOTAL DEPT: 1110 3,607.00 100.00 3,507.00
TOTAL FUND: 101 3,607.00 100.00 3,507.00
TOTAL Report: 3,607.00 100.00 3,507.00
4
0
Page 1 of 1
• • •
Afartf;.,i.!r t
From: Christy Terry
Sent: Tuesday, June 22, 2010 2:41 PM
To: Jean Lewis
= • • - : nex - „- . . • -nning meeting
Save the Date!
30 June 2010 @ 10 :00 Seward SeaLife Center
Seward Summit Discussion
.A.ttendees include KPB, City of Seward, SBCFSA representatives, administration. and staff
Agenda forthcoming
Kind regards, Brenda
Brenda Ahlberg
Community & Fiscal Projects Manager
Kenai Peninsula Borough
144 N. Binkley St., Soldotna Alaska 99669
907 -714 -2153 office
907 - 714 -2377 fax
907 -394 -8385 mobile
Christy Terry
Community Development Director
City of Seward
PO Box 167
Seward, Alaska 99664
907 - 224 -4020
fax 907 - 224 -4085
re; 4
y +a.
6/22/2010
Arirk uc,„AGispKuAAE Alaska Municipal League Joint Insurance Association, Inc.
JIA o I N T INSURANCE 807 G Street, Suite 356 • Anchorage, Alaska 99501 • Phone 800 -337 -3682 • Fax (907) 279 -3615
ASSOCIATION. INC.
June 15, 2010
Willard Dunham, Mayor
City of Seward
PO Box 167
Seward, AK 99664
Dear Mayor Dunahm:
Over two- thirds of the AMLJIA membership has passed resolutions accepting the Board of
Trustees' recommended changes to the Cooperative Participation Agreement (CPA) and Bylaws.
Now comes phase 2. Each member needs to sign and return the signature page of the
Cooperative Participation Agreement. It is the last page of the CPA (page 11).
As a member of the Alaska Municipal League Joint Insurance Association (AMLJIA), you probably
know that it is a cooperative of municipalities and school districts that pool together to cover each
other for property, liability and workers' compensation losses.
Two of the essential documents that make this possible are the Cooperative Participation
Agreement and Bylaws. Required by statute (AS 21.76.030), these documents provide for the
proper operation of the pool and must pass review by the Division of Insurance and AMLJIA
membership. These documents are the contracts between the members of the pool.
The AMLJIA has previously sent out draft versions of the CPA and Bylaws for approval from the
membership to move forward with the changes. We asked for resolutions granting approval and are
happy to report that more than the required two- thirds of the membership returned resolutions
approving the changes.
We are now able to move forward with second phase of incorporation. This phase requires each
member to sign the last page of the CPA. The member signature should come from the Mayor,
Superintendent, Administrator /Manager, or Clerk if necessary. Only one signature is needed for
each document; we simply need the signature page returned to the AMLJIA.
These are important legal documents. Please sign the last page of the CPA (page 11), make a
copy for your records, and fax, mail or e-mail the signatory page back to the AMLJIA at 907-
279 -3615, the address above or tammvk amliia.orq. Be sure your entity name is filled in.
Thank you very much for your attention to this detail.
Cordially,
Kevin Smith
Executive Director
enclosures
cc: 0
•
Alaska Municipal League
Joint Insurance Association, Inc.
COOPERATIVE
PARTICIPATION
AGREEMENT
July 1, 2010
TABLE OF CONTENTS
COOPERATIVE PARTICIPATION AGREEMENT
Introduction 1
Section 1: General Provision and Definitions 1
Section 2: Purposes 2
Section 3: Parties to Agreement 2
Section 4: Term of Agreement 2
Section 5: Liability of Association 2
Section 6: Powers of Association 3
Section 7: Board of Trustees 3
Section 8: Powers of the Board of Trustees 3
Section 9: Insurance Coverage 3
Section 10: Development of the Joint Insurance Arrangement 3
Section 11: Method of Apportioning Costs 4
Section 12: Accounts and Records 5
Section 13: Responsibility for Monies 6
Section 14: Responsibilities of the Association 6
Section 15: Responsibilities of Participants 7
Section 16: Claims Administration and Payment of Losses 8
Section 17: Coverage Determination and Appeal 8
Section 18: New Members 8
Section 19: Withdrawal 9
Section 20: Cancellation 9
Section 21: Termination and Distribution 9
Section 22: Bylaws 9
Section 23: Notices 10
Section 24: Amendment 10
Section 25: Prohibition Against Assignment 10
Section 26: Agreement Complete 10
Section 27: Governing Law 10
Section 28: Severability 10
Section 29: Construction of Contract 10 •
Section 30: Conformity to Statute 11
Signatory Page 11
Exhibit #1: Roster of Participants
Exhibit #2: Board of Trustees list
AML /JIA: Cooperative Participation Agreement
Adopted July 1, 2010
i
COOPERATIVE PARTICIPATION AGREEMENT
THIS AGREEMENT is made and entered into in the State of Alaska by and among the Alaska
Municipal League Joint Insurance Association, Inc., and the participating local public entities,
hereinafter collectively referred to as "Participants" or "Participating Members," and individually as
"Participant," which are parties signatory to this Agreement.
WHEREAS, AS 21.76.010 provides that two or more local governmental entities may, by
Cooperative Agreement, enter into joint insurance arrangements for certain purposes by any one or
more of certain specified methods; and
WHEREAS, each of the parties to this Agreement desires to join together with the other parties for
the purpose of pooling self - insured losses and the group purchase of insurance, excess insurance,
reinsurance or other reserve funding mechanisms, and administrative services in connection with a
Joint Insurance Arrangement; and
WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do
so;
NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and
agreements contained herein, the parties hereto agree as follows:
SECTION 1: General Provisions and Definitions.
The following definitions shall apply to the provisions of the Agreement:
(1) "Administrator" shall mean the person appointed by the Board of Trustees to serve as chief
executive officer (executive director) of the Association.
(2) "Association" or "JIA" shall mean the Alaska Municipal League Joint Insurance
Association, Inc., a nonprofit corporation organized under the laws of the State of Alaska.
(3) "Board of Trustees" or "Board" shall mean the governing body of the Association acting as
a board of directors.
(4) "Bylaws" shall mean those bylaws of the Alaska Municipal League Joint Insurance
Association, Inc., as adopted by the Board of Trustees of such Association, and as thereafter
duly amended. The bylaws, including without limitation, all definitions set out therein, are
incorporated herein by this reference.
(5) "Claim" shall mean a demand made against the Association arising out of an occurrence that
is within the scope of coverage of the Association's Joint Insurance Arrangement as
developed by the Board.
(6) "Excess insurance" or "reinsurance" shall mean that insurance coverage purchased on
behalf of the Association to protect the funds of the Association against catastrophes or an
unusual frequency of losses during a single year.
AML/JIA: Cooperative Participation Agreement Page 1 of 11
Adopted July 1, 2010
•.)
(7) "Fiscal Year" shall mean that period of twelve months that is established as the fiscal year of
the Association.
(8) "Insurance" shall mean and include self - insurance through a funded program and/or any
commercial insurance contract. This joint insurance arrangement shall not be considered
insurance for any other purpose, pursuant to AS 21.76.020(a).
Notwithstanding the foregoing definitions, the parties hereto agree that the words and phrases
defined above shall be interpreted as defined by the policy of excess insurance or reinsurance in
effect at the time of the occurrence that gives rise to the question of interpretation. This Agreement
is not intended to be a contract for insurance.
SECTION 2: Purposes.
This Agreement is entered into by the Participants in order to provide more comprehensive and
economical coverage, to provide for the pooling of contributions in order to assume risks from losses
to the Participants on a group basis, to provide self - insurance coverage to the Participants for all
forms of insurance available or required by law for local public agencies and for which state law
authorizes the formation of joint insurance arrangements to provide such insurance, to reduce the
amount and frequency of Participants' losses, and to decrease the cost incurred by Participants in the
handling and litigation of claims. This purpose shall be accomplished through the exercise of the
powers of the Participants jointly in the creation of the Association to administer a Joint Insurance
Arrangement wherein Participants will pool their losses and claims, jointly purchase insurance, and
provide reserve funding mechanisms and administrative and other services, including claims
adjusting, risk management consulting, loss prevention, legal and related services, as authorized
pursuant to AS 21.76.
SECTION 3: Parties to the Agreement.
Each Participant certifies that it intends to, and does, contract with all other Participants and, in
addition, with such other parties as may later be added to and become signatories of this Agreement.
Each Participant also certifies that the deletion of any Participant from this Agreement, shall not
affect the validity of this Agreement or such Participant's intent to contract as described above with
the other Participants to the Agreement then remaining. A roster of Participants to the Agreement is
attached hereto as Exhibit 1..
SECTION 4: Term of Agreement.
This Agreement shall become effective on the date coverage commences for the Participant. The
Agreement shall continue in effect unless canceled, nonrenewed, or otherwise terminated in -
accordance with this Agreement and the Association bylaws.
SECTION 5: Liability of the Association.
Pursuant to Alaska law, the debts, liabilities, and obligations of the Association shall not constitute
debts, liabilities, or obligations of any Participant, except as hereinafter expressly set forth.
AML/JIA: Cooperative Participation Agreement Page 2 of 11
Adopted July 1, 2010
•
Specifically, all debts, liabilities, and obligations of the Participants shall be several and not joint,
except to the extent of contractually obligated payments provided hereunder for purposes of risk
pooling.
SECTION 6: Powers of the Association.
The Association shall have the powers common to the Participants and is hereby authorized to do all
acts necessary for the exercise of said common powers pursuant to the terms hereof and in the
manner provided by law, including, but not limited to, any or all of the following:
(1) to make and enter into contracts;
(2) to incur debts, liabilities or obligations;
(3) to acquire, hold or dispose of real and personal property, funds, services, and other forms of
assistance from persons, firms, corporations, and governmental entities;
(4) to sue and be sued in its own name;
(5) to exercise all powers necessary and proper to carry out the terms and provisions of this
Agreement, or otherwise authorized by law; and
(6) all other and further powers that may be authorized by the Articles of Incorporation and
bylaws of the Association and permitted or not otherwise prohibited by law.
SECTION 7: Board of Trustees.
The Association shall be governed by the Board of Trustees, which is hereby established and which
shall be composed according to the bylaws. Each member of the Board shall have one vote. A list
of members of the Board of Trustees is attached hereto as Exhibit 2.
SECTION 8: Powers of the Board of Trustees.
The Board of Trustees of the Association shall have the powers and duties set out in the bylaws and
such other powers and functions as are provided for in this Agreement.
SECTION 9: Insurance Coverage.
The Association may provide any kind of insurance for Participants required by law or regulation or
as the Board shall determine, and not otherwise prohibited under AS 21.76.010(b). All applicable
insurance policy forms, as they may be adopted and amended from time to time by duly- approved
motion of the Board, are incorporated herein by this reference.
SECTION 10: Development of the Joint Insurance Arrangement.
(1) The Board has adopted the Association's Joint Insurance Arrangement, including the
insurance coverage provided for in Section 9, the amount of initial contributions, the cost
allocation plan and formula, and the amount and type of insurance to be procured.
(2) The Joint Insurance Arrangement provided by the Association shall extend to all Participant
operations, unless otherwise expressly excluded by the Board, or by the provisions of such
policy or policies of insurance as are obtained.
AML/JIA: Cooperative Participation Agreement Page 3 of 11
Adopted July 1, 2010
I
(3) The initial contribution for each Participant shall be determined by the Board, in its
discretion, based upon a fair formula which shall consider, but not be limited to, total
Participant payroll, administrative experience of the Participant, the previous loss experience
of the Participant, the liability risks of the Participant, if the Participant has a self - insured
retention or deductible, and the costs to the Association of adding the Participant as a
member. The initial contribution is an estimate and may be revised at any time by the
Association based on actual pooled loss experience, individual exposure or other factors.
(4) The Board shall adopt reasonable criteria for determining each Participant's annual share of
pooled expenses, which may include the Participant's payroll as compared to the total payroll
of all Participating members, the Participant's individual loss experience, and such other
criteria as the Board may determine to be relevant.
(5) The Board, by an affirmative vote of the majority, shall have the authority to intercept State
revenue- sharing, municipal assistance, and other funds due to be paid by the State to any
Participant that has failed to pay its annual deposit as agreed herein as and when due, in an
amount equal to the unpaid portion of the deposit, plus interest, from the due date until paid,
at the rate of 10.5 percent per annum or a lesser rate set by the Board or required by law.
SECTION 11: Method of Apportioning Costs
(1) Contribution Calculation. The cost allocation plan and formula adopted by the Board shall
provide for review of the Participants' contributions in order to produce a contribution for the
following year for each Participant that is derived by consideration of the following factors:
(a) the amount of losses borne individually by the Participant, if determined by the Board;
(b) the amount of pooled losses and other expenses, if determined by the Board; and
(c) the Participant's contribution to reserves for incurred- but - not - reported losses, the amount
of such reserves to be determined by the Board;
(d) the amount of the Participant's self - insured retention or deductible;
(e) the cost of reinsurance, excess insurance or other costs of coverages purchased for, and on
behalf of, the Participants;
(f) rating criteria and other factors such as, but not limited to, fire protection, risk
management programs, and the nature of risk to be insured;
(g) any adjustments based on experience or exposure audit provisions in the Participant
Coverage Memorandum or any reinsurance, excess insurance or other insurance policies
obtained pursuant to this Agreement; and
(h) any funds set aside by the Board to fund any catastrophic loss reserve fund, rate
stabilization fund, or excess loss fund established by the Board.
(2) Members' Equity and Dividend Distribution. Unallocated surplus, Participants' retained
earnings, or Participants' equity are amounts considered to be funds in excess of the amount
set aside each year for reserves and incurred- but - not - reported losses.
(a) The Board in its sole discretion may utilize the unallocated surpluses from any policy year
to provide for funding capital reserves, purchasing personal and real property beneficial to
the Association, stabilizing rates, developing loss programs for members, and furthering
any other legitimate Association purpose.
AML/JIA: Cooperative Participation Agreement Page 4 of 11
Adopted July 1, 2010
(b) The Board in its sole discretion may transfer surplus funds to any program year that is
actuarially unsound in order to supplement funds needed to provide coverage for that
program year.
(c) At its annual meeting, the Board, by affirmative action, may determine an amount (if any)
of excess funds that may be distributed to Participants based on their pro -rata portion of
contribution for those years from which those excess funds are selected.
(d) Adjustments to the cost allocation formula may be made to account for Participants with
varying levels of self - insured retentions and /or deductibles.
(e) Dividend payments shall be paid after July 1 each year, but only to eligible Participants
who are Participants after July 1 of the current policy year.
(f) Participants who withdraw from membership shall not again be eligible for dividend
distributions until after July 1 of the third year of their renewed membership.
(g) Except for dividend payments determined by the Board, no assets of the Association
designated as unallocated surplus, Participants' retained earnings, or Participants' equity
shall be available for use by any Participant.
(h) Participants who withdraw from membership in the Association or Participants whose
membership is terminated shall forfeit all interest in any dividend, unallocated surplus,
Participants' retained earnings, or Participants' equity in the Association.
SECTION 12: Accounts and Records.
(1) The Board shall establish a joint insurance fund and administer the fund as required by
statute.
(2) Annual Budget. The Association shall annually adopt an operating budget pursuant to this
Agreement.
(3) Funds and Accounts. The Association shall establish and maintain such funds and accounts
as may be required by the Legislative Budget and Audit Committee, applicable law or
regulation, or generally accepted accounting practices. Financial books and records of the
Association shall be in the hands of the Treasurer or his or her designee and shall be open to
inspection at all reasonable times by representatives of the Participants.
(4) Administrator's Report. Within 150 days of the end of the fiscal year of the Association, the
Administrator shall furnish a detailed report of the operation and condition of the joint
insurance fund to the Board and the Director of the Division of Insurance.
(5) Annual Audit and Actuarial Determination. The Association shall require an annual
determination by a casualty actuary who is a member of the American Academy of Actuaries
that procedures for establishing reserves for losses of the Association are actuarially sound.
The Board shall provide for an annual independent audit of the accounts and records of the
Association. The audit shall conform to generally accepted auditing standards, and include a
review of the actuarial assumptions used for establishing the reserves for losses of the
Association by a casualty actuary who is a member of the American Academy of Actuaries.
The audit report shall include certification from a casualty actuary who is a member of the
American Academy of Actuaries that the actuarial assumptions used by the Association
continue to be sound and the level of the reserves of the Association are adequate. By
October 1 of each year, the Administrator shall prepare and deliver to the Legislative Budget
and Audit Committee and the Director of the Division of Insurance a report of the true and
AML/JIA: Cooperative Participation Agreement Page 5 of 11
Adopted July 1, 2010
accurate financial condition of the Association. The report shall be attested to by the
Administrator and the Board; include an analysis, certified by a member of the American
Academy of Actuaries of the sufficiency of the loss reserves of the Association; and be certi-
fied by a certified public accountant. The report shall also be filed as a public record with
each of the Participants.
SECTION 13: Responsibility for Monies.
(1) The Treasurer of the Association or his or her designee shall have the custody of and disburse
the Association's funds subject to Board approval. He or she shall have the authority to
delegate the signatory function to such persons as are authorized by the Board. The Treasurer
may also serve in such other official or employee status as the Board may direct.
(2) A fidelity bond or comparable security in an amount set by the Board, but not less than
$1,000,000 shall be required of all officers and personnel authorized to disburse funds of the
Association. This bond shall be purchased by the Association.
(3) The Treasurer's duties shall include:
(a) receiving all money of the Association and place it in the treasury to the credit of the
Association;
(b) being responsible upon his or her official bond for the safekeeping and disbursement of
all of the Association's money so held by him or her;
(c) paying, when due, out of money of the Association so held by him or her, all sums
payable on outstanding debts of the Association; and
(d) paying any other sums due from the Association only upon request for payment signed by
the Chairman of the Board or the Administrator. The Board may designate alternate
persons to sign payment requests by the Chairman of the Board or the Administrator.
SECTION 14: Responsibilities of the Association.
The Association shall perform the following functions in discharging its responsibilities under this
Agreement:
(1) Provide insurance coverage as necessary including, but not limited to, a self - insurance fund
and commercial insurance, as well as excess or reinsurance coverage and umbrella insurance,
by negotiation or bid, and purchase, as necessary;
(2) Assist each Participant's assigned risk manager with the implementation of that function;
(3) Provide loss prevention and safety and consulting services to Participants as required;
(4) Provide claims adjusting and subrogation services for claims covered by the Association's
Joint Insurance Arrangement;
(5) Provide loss analysis by the use of statistical analysis, data processing, and record and file -
keeping services, in order to identify high exposure operations and to evaluate proper levels
of self - retention and deductibles;
(6) Provide for Participants, as needed, a review of their contracts to determine sufficiency of
indemnity and insurance provisions; and
.(7) Undertake all other responsibilities deemed necessary by the Board in order to carry out the
purposes of this Agreement.
AML/JIA: Cooperative Participation Agreement Page 6 of 11
Adopted July 1, 2010
SECTION 15: Responsibilities of Participants.
Participants shall have the following responsibilities:
(1) Each Participant shall appoint a representative as provided in Article 5, Section 2 of the
Bylaws.
(2) Each Participant shall appoint an employee of the Participant to be responsible for the risk
management function within that entity, and to serve as a liaison between the Participant and
the Association as to risk management.
(3) Each Participant shall maintain an active safety officer and/or committee, and shall comply
with all recommendations of the Association concerning the development and implemen-
• tation of a loss control policy to prevent unsafe practices.
(4) Each Participant shall maintain its own set of records in all categories of loss to ensure
accuracy of the Association's loss reporting system.
(5) Each Participant shall pay its contribution to the Association when due. The Association may
cancel a Participant's coverage pursuant to applicable law if a contribution for any insurance
policy obtained pursuant to this Agreement for that Participant is not paid when due.
(6) Upon withdrawal, cancellation by the Board, or other termination, each Participant shall
immediately pay to the Association its share of contribution, calculated pro rata to the date of
withdrawal, cancellation, or other termination, plus accrued interest at the rate of 10.5 percent
per annum or a lesser rate set by the Board or required by law. When and if required of it by
the Board pursuant to Sections 21 or 22 of this Agreement, plus, in the case of a Participant
that terminates its participation for any reason before the end of the term of this Agreement,
liquidated damages in an amount equal to 20 percent of the Participant's estimated deposit for
each year remaining in the term of this Agreement, to compensate the Association for the loss
of its contribution to the Association's surplus for the remainder of the term of this Agree-
ment.
(7) No Participant shall enter into an agreement to purchase insurance for the risks as to which
insurance will be provided under this Agreement, for coverage during the period that the
Participant is a member of the program except with the express written permission of the
Administrator.
(8) Each Participant shall provide the Association with such other information or assistance as
may be necessary for the Association to carry out the Joint Insurance Arrangement under this
Agreement.
(9) Each Participant shall in all ways cooperate with and assist the Association, and any insurer
of the Association, in all matters relating to this Agreement and covered losses, and will
comply with all bylaws, rules, regulations, and policies adopted by the Board.
(10) Participants who withdraw from membership in the Association or Participants whose
membership in the Association is terminated shall remain liable for their proportionate share of
additional contribution or assessments for losses and expenses attributable to the time periods of
their participation in the Association. There shall be no time limitation on former Participant
liability under this section.
AML/JIA: Cooperative Participation Agreement
Adopted July 1, 2010 Page 7 of 11
SECTION 16: Claims Administration and Payment of Losses.
(1) Each Participant shall give prompt notice of any claims to the Association, and failure to give
immediate written notice of claims shall constitute a waiver of coverage.
(2) The Association will investigate all potentially covered claims against the Participants and
will attempt to adjust or settle such claims. Subject to the provisions of this Agreement and
rules and regulations promulgated by the Board, legal counsel selected by the Association
will defend such claims against the Participants. The Participants shall have the right to hire,
at its own expense, its own co- counsel to work with defense counsel employed by the
Association. The Participant agrees to provide and make available to the Association all
information and all personnel as may be reasonably required to fully investigate and defend
each claim.
(3) The Association shall pay claims according to the provisions set forth in this Agreement and
the rules and regulations promulgated by the Board, and all applicable coverage agreements
or policies.
(4) In the event the Association or its counsel wishes to settle a claim, the Participant and its co-
counsel (if any) will accept the Association's recommendation and judgment and enter into
such settlements as the Association determines to be appropriate.
(5) Participants with a self - insured retention, with the express written permission of the
Association, may be entitled to administer, defend and adjust claims within its own self -
insured retention, in a manner consistent with the Participant Coverage Memorandum and
Association approved claims policies and procedures. Such written permission does not
relieve the Participant from notice requirements as defined in the Participant Coverage
Memorandum. Once the self - insured retention is reached, all remaining defense and
adjustment of the claim will be handled by the Association pursuant to paragraphs (1) -(4)
above.
SECTION 17: Coverage Determination and Appeal.
(1) It shall be the duty and responsibility of the Association, to make all initial determinations
regarding rights to coverage protections provided under the joint insurance arrangement.
Upon making a determination of coverage or non - coverage, the Association shall notify the
Participant of its determination in writing. In the written determination of coverage or non-
coverage, the Association shall advise the Participant whether the Association will defend the
claim and/or indemnify the Participant, whether the Association is reserving any rights to
make any subsequent determinations regarding coverage, or whether the Association is
denying coverage.
(2) The Board shall promulgate rules and procedures whereby a determination by the Association
denying coverage shall be reviewed by the Board upon appeal by the aggrieved Participant.
SECTION 18: New Members.
Additional Participants may be permitted, in the complete discretion of the Administrator, to
become signatories to this Agreement or a similar agreement.
AML/JIA: Cooperative Participation Agreement Page 8 of 11
Adopted July 1, 2010
SECTION 19: Withdrawal.
(1) Any withdrawal by a Participant shall be effective only at the end of the fiscal year, and only
after the Participant gave the Association not less than six months' written notice of intent to
withdraw. The first opportunity to provide such notice of intent to withdraw shall be as
provided in the Bylaws.
(2) Any Participant who gives written notice of intent to withdraw as provided herein shall
deliver it to the Association by mail, by facsimile, or by hand delivery, and shall obtain and,
if requested, proffer proof of timely delivery.
(3) After withdrawal, the former Participant shall remain liable to the Association for additional
contribution or assessments as described in the Bylaws or elsewhere in the CPA.
(4) The withdrawal of any Participant from this Agreement shall not terminate it.
SECTION 20: Cancellation.
The Association shall have the right to cancel any Participant's membership in the Joint Insurance
Arrangement as provided in the Bylaws. Any Participant so cancelled shall be given 30 days' notice
before the effective date of the cancellation. If cancellation is due to nonpayment of amounts owing
or any other default by a Participant, the notice period for the default (with notice indicating possible
cancellation due thereto) may be included within the 30 -day notice period provided by this section.
After cancellation, the former Participant shall remain liable for additional contributions or
assessments as described in the Bylaws or elsewhere in the CPA.
SECTION 21: Termination and Distribution.
(1) This Agreement may be terminated by the written consent of three- fourths of the Participants;
provided, however, that this Agreement and the Association shall continue to exist for the
purpose of disposing of all claims, distribution of assets and all other functions necessary to
wind up the affairs of the Association.
(2) Upon termination of this Agreement, all assets of the Association shall be distributed after
the payment of, or provision for, all debts, claims, and liabilities, only among the
Participants, in accordance with and proportionate to their pro -rata share of contributions.
The Board shall determine any such distribution within six months after the last pending
claim or loss covered by this Agreement has been finally disposed of.
(3) The Board is vested with all powers of the Association for the purpose of winding up and
dissolving the business affairs of the Association.
SECTION 22: Bylaws.
The Board has caused to be developed and maintained Association bylaws to govern the day -to -day
operations of the Association. Each Participant shall receive a copy of the bylaws, and shall be
bound by the provisions thereof.
AML/JIA: Cooperative Participation Agreement Page 9 of 11
Adopted July 1, 2010
A
SECTION 23: Notices.
Notices to Participants hereunder shall be sufficient if mailed to the address listed on the application
form of the respective Participant. A Participant may change such address from time to time by
providing written notice of such change to the Association, at its registered office at: 807 G Street,
Suite 356, Anchorage, Alaska 99501.
SECTION 24: Amendment.
This Agreement may be amended by a vote of two - thirds (2/3) of the Trustees present at any annual
meeting, regular meeting, or special meeting of the Trustees called at least in part for the purpose of
amending this Agreement. Any amendment to this Agreement shall be effective immediately unless
otherwise stated therein..
SECTION 25: Prohibition Against Assignment.
No Participant may assign any right, claim or interest it may have under this Agreement, and no
creditor, assignee or third -party beneficiary of any Participant shall have any right, claim, or title to
any part, share, interest, fund, premium, contribution, or asset of the Association.
SECTION 26: Agreement Complete.
This Agreement, along with the exhibits hereto and documents incorporated by reference herein,
constitutes the full and complete Agreement of the parties. There are no oral understandings or
agreements not set forth in writing herein.
SECTION 27: Governing Law.
This Agreement shall be interpreted according to the laws of the State of Alaska. If suit is brought
relating to any dispute arising hereunder or related hereto, such shall be filed in the Superior Courts
of Alaska in Anchorage, Fairbanks, or Juneau, and in no other place.
SECTION 28: S ever ability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable, the remainder of this
Agreement shall remain valid and enforceable.
SECTION 29: Construction of Contract.
Separate agreements shall be executed by all Participants and all such agreements shall be construed
as a single collective contract.
AML /JIA: Cooperative Participation Agreement Page 10 of 11
Adopted July 1, 2010
6
SECTION 30: Conformity to Statute.
In the event any term or provision of this Agreement is found to be in conflict with the statutes of the
State of Alaska, such term or provision shall be construed so as to conform to such statutes.
IN WITNESS WHEREOF, the parties hereto, acting through properly authorized officials, hereb
execute this Agreement. y
DATED this day of
City/Borough/School District
By:
Name
Its:
Title
ATTEST
* ** To be completed by AML /JIA * **
DATED this day of 20
Alaska Municipal League Joint Insurance Association, Inc.
By:
Name
Its: Executive Director
Title
ATTEST
AML /JIA: Cooperative Participation Agreement
Adopted July 1, 2010 Page 11 of 11
rrr
Alaska Municipal League
Joint Insurance Association, Inc.
BYLAWS
As Amended Julyl, 2010
.I. ALASKA
I�M U NICIPAL
LEAGUE
J IA O INT URAN
ASS OCIATI INCE C
TABLE OF CONTENTS
BYLAWS
ARTICLE 1 - NAME
ARTICLE 2 - DEFINITIONS 1
ARTICLE 3 - PURPOSE AND OBJECTIVES 1
2
ARTICLE 4 - NATURE OF THE ORGANIZATION
3
ARTICLE 5 - PARTICIPATION
ARTICLE 6 - BOARD OF TRUSTEES 6
ARTICLE 7 - POWERS AND DUTIES OF THE BOARD OF TRUSTEES 9
9
ARTICLE 8 - CONTRIBUTION OF MEMBERS,
12
ARTICLE 9 - ADMINISTRATION 14
ARTICLE 10 - COMMITTEES 14
ARTICLE 11 - INDEMNIFICATION OF 15
ARTICLE 12 - FISCAL YEAR 16
ARTICLE 13 - ENROLLMENT 16
ARTICLE 14 - WITHDRAWAL FROM PARTICIPATION 16
ARTICLE 15 - DISSOLUTION 16
ARTICLE 16 - AMENDMENTS 17
ARTICLE 17 - OFFICE 17
ARTICLE 18 - OFFICIAL SEAL 17
AML /JIA Bylaws
7/1/10
Saar.
ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC.
BYLAWS
ARTICLE 1 - NAME
The name of this association shall be ALASKA MUNICIPAL LEAGUE JOINT
INSURANCE ASSOCIATION, INC.
ARTICLE 2 - DEFINITIONS
The following terms have the following meanings for the purpose of these bylaws:
(a) "AML" means Alaska Municipal League.
(b) "Annual Deposit Contribution" means the amount of contribution payable by
a member of the Association for a particular type of risk coverage for a one -year period as
determined by the Trustees of the Association, exclusive of entry fee and supplemental
contributions, if any.
(c) "Association" or "JIA" means the Alaska Municipal League Joint Insurance
Association, Inc., an Alaska non -profit corporation established pursuant to AS 10.20.
(d) "Cooperative Participation Agreement" or "CPA" means a written
agreement entered into by two or more local public agencies for the purpose of establishing,
operating, or participating in a joint insurance arrangement. For the purpose of these bylaws, the
phrase does not refer to any specific agreement but is a reference to whichever agreement applies
for a particular program or Participant.
(e) "Director of Insurance" shall mean the Director of the Division of Insurance
of the State of Alaska.
(f) "Joint Insurance Arrangement" means a joint insurance arrangement
authorized under AS 21.76.010 to enable the participants to pool contributions of public monies,
grants, loans, and income from investment of the same in joint insurance funds as are authorized by
AS 21.76.010, in order to either assume such risks from losses to the participants as it may
determine shall be assumed, or purchase any and all insurance coverage for the participants on a
group basis, as authorized by statute.
(g) "Local public agency" means any political subdivision of the state, including
any municipality, school district or regional educational attendance area as defined in AS 21.76.010
AML /JIA Bylaws Page 1
10/29/90 C Q
or such other public entity as may be permitted under AS 21.76, and which is a member in good
standing of the Alaska Municipal League ( "AML ").
(h) "Municipality" means a political subdivision incorporated under the laws of
the State of Alaska as a home rule or general law city, a home rule or general law borough, or a
unified municipality, and for purposes of the joint insurance arrangement, shall include pursuant to
AS 21.76.010 school districts and regional educational attendance areas and all agencies or political
subdivisions thereof, including without limitation, municipally -owned hospitals, utilities, service
areas, port authorities or facilities, airports, and similar entities, agencies or services.
(i) "Participant" or "participating member" means a local public agency which
has joined the Association and is in good standing with the AML and the JIA, as set forth in Article
5, Section 1, below.
(j) "Public liability" means any liability to which a political subdivision may be
subject pursuant to the agreement.
(k) "Trustees" means the Board of Trustees of the Association, as provided in
the Cooperative Participation Agreement, and as defined in AS 21.76.900(3) as the board of
directors.
(1) The terms "administrator" and "fund" or "joint insurance fund" shall have the
meanings ascribed in AS 21.76.900.
ARTICLE 3 - PURPOSE AND OBJECTIVES
Section 1 - General Purpose
These bylaws are promulgated to create a joint insurance arrangement which may
establish and operate such joint insurance funds under the Association as permitted by Alaska
statutes, as an essential governmental service to members of the AML and Participants in the
•
Association.
Section 2 - General Objectives
The general objectives of the Association are to formulate, develop and administer a
joint insurance arrangement for the Participants, to facilitate the availability of adequate coverage
for, without limitation, property, liability, automobile and workers' compensation, and such lines as
are authorized by statute and the Trustees, to lower costs and assure availability of such coverage, to
provide a program of loss prevention and control services, and to provide claims administration and
AML /JIA Bylaws Page 2
10/29/90 '�
covered insurance claim defense services. Risks which may be pooled include, but are not limited
to, public liability; automobile liability, including liability to pay basic reparation benefits;
automobile collision losses and losses customarily covered by the comprehensive coverage
provisions of automobile insurance policies; property loss or damage; and workers' compensation.
The joint insurance arrangement to be established pursuant hereto shall not be for disability
insurance, health insurance, life insurance or title insurance, so long as such insurance is prohibited
by AS 21.76.010(b).
Section 3 - Activities of Association/Ownership of Assets
It is intended that the Association shall perform those risk management activities
with the assistance and cooperation of its Participants, including pooling of risks, self-insurance
management, joint purchase of insurance, claims administration, insurance defense, loss prevention
and control, and all other related activities which are essential governmental functions of the
Participants. All income and assets of the Association shall be dedicated to the benefit of the
Participants as provided by the Cooperative Participation Agreement. Former Participants shall
have no ownership interest in the assets of the Association.
Section 4 - Use of Funds
The Trustees shall use Association funds to fulfill the duties set forth in Article 7. In
addition, the Trustees may in their discretion establish such catastrophic loss reserve funds, rate
stabilization funds, or excess loss funds as they may deem necessary. The Trustees may elect, but
are not required, to allocate Participant retained earnings among policy years. Any additional funds
in excess of expenses and costs of loss control activities and reasonable resetves required by law or
greater, as established by the Trustees, may be used to reduce the cost of insurance or increase risk
protection for the Participants. Finally, retained earnings may, at the determination of the Trustees,
be distributed to the Participants as provided by the Cooperative Participation Agreement.
ARTICLE 4 - NATURE OF THE ORGANIZATION
The Association is a nonprofit corporation whose members are local public agencies
of the State of Alaska, as defined in Article 2 hereof. Any local public agency in the state may
become a member of the Association provided it is a member in good standing of the AML and
agrees to comply with these bylaws and the rules, regulations and contractual commitments of the
Association. Any local public agency that becomes a Participant of the Association may continue to
AML /JIA Bylaws Page 3
10/29/90
•
be a Participant so long as it complies with these bylaws and the rules, regulations and contractual
commitments of the Association including payment of annual deposit contributions, unless
membership is canceled or otherwise terminated in accordance with these bylaws and the
Cooperative Participation Agreement.
Participation in the Association commences upon the effective date of any risk
coverage provided by the Association, and as provided in the Cooperative Participation Agreement.
ARTICLE 5 - PARTICIPATION
Section 1 - Composition
The Participants of the Association shall be the local public agencies which are
members in good standing of the AML, which complete the form of application which the Trustees
shall specify, which upon approval of said application by the Trustees shall execute the Cooperative
Participation Agreement (provided the JIA shall have received written notice of the execution of
said agreement), and which thereafter comply with all of the requirements of the Association.
Section 2 - Representation
Each Participant shall be represented by a permanent representative who shall be the
chief executive officer of each local public agency or his or her designee.
Section 3 - Annual Meeting
Annual meetings of the Participants shall be held each year, in conjunction with the
AML Annual Conference. The purpose of these annual meetings is for the Trustees to present an
annual report to the Participants concerning the fiscal year just ended. This meeting will include
discussion and review of the program, and will be open to all Participating Members.
Section 4 - Special Meetings
Special meetings of the Participants may be called at any time by the Trustees or by
the chairman and shall be called by the chairman or secretary at the written request of at least one -
third of the Participants or four Trustees.
Section 5 - Place of Meetings
All meetings of the Participants shall be held at such place in the State of Alaska as
shall be designated in the notices or waivers of notice of such meetings, as determined by the
Trustees.
Section 6 - Notice
AML /JIA Bylaws Page 4
10/29/90 ' .nf
;err
Written notice of each meeting of Participants, whether annual or special, stating the
time when, and the place where it is to be held shall be served either personally or by mail,
telegraph or other form of electronic written communication, not less than 10 nor more than 50 days
before the meeting. Notice of a special meeting that is called shall indicate that it is being issued by
or at the direction of the person or persons calling the meeting. Each notice shall be directed to the
representative of each Participant at his or her address as it appears on the application to participate
in the Association, unless he or she shall have previously filed with the Administrator a written
request that notices intended for him or her be sent to some other address, in which case it shall be
sent to the address designated in such request.
Section 7 - Quorum and Proxy
A quorum shall consist of a majority of the designated representatives of the
Participants in good standing, attending the meeting in person or by proxy, for purposes of
conducting matters upon which a vote of members is required or permitted, provided that a proxy
shall be counted only for purposes of establishing a quorum and voting on issues specifically set
forth in the proxy. As to matters not specifically set forth in a proxy, the majority vote of the
Participants in attendance shall be required for passage. No quorum shall be required to conduct a
meeting of Participant members at which no vote is taken.
Section 8 - Cancellation of Participation
The Board of Trustees shall have the right to cancel a Participant's membership in
the Association upon a two- thirds (2/3) vote of the entire Board of Trustees for those Participants
taking part in any program whereby Participants assume risks from losses on a pooled basis.
Grounds for such cancellation shall include failure to conform to loss prevention or safety
programs; failure to adhere to material provisions of the Cooperative Participation Agreement or
default in performance of obligations under said Agreement; failure to meet underwriting standards
established by the Association; insolvency of the Participant; or such other condition as the
Association, acting through the Trustees, shall determine and incorporate by agreement. For any
program whereby Participants purchase coverage on a group basis, the Participant's membership in
that program may be canceled in accordance with the applicable insurance policy and Cooperative
Participation Agreement.
AML /JIA Bylaws Page 5
10/29/90 C 3
ARTICLE 6 - BOARD OF TRUSTEES
Section 1 - Function
The Association shall be governed by a Board of Trustees. The Trustees shall
operate the Association and administer the joint insurance arrangement on behalf of the Participants
pursuant to these bylaws and the CPA and shall be composed of the number of trustees appointed in
the manner hereinafter set out, and shall have the functions, powers, and duties hereinafter set forth.
Section 2 - Membership
(a) The Board of Trustees will consist of seven members appointed by the AML
Board of Directors for two -year staggered terms, and two members appointed by the AML /JIA
Board of Trustees for two -year staggered terms. Each Trustee shall hold office until the annual
meeting at which his or her successor is appointed. The Trustees will consist of the following:
(i) Two (2) AML Board members; and
(ii) seven (7) individuals, including appointed or elected officials from
local public agencies appointed for their expertise in insurance, finance administration, risk manage-
ment, law, or other areas of expertise deemed appropriate by the AML Board.
(b) The Executive Director of the AML shall serve as an ex- officio, nonvoting
member of the Board of Trustees for a term concurrent with his or her tenure as the AML Executive
Director.
(c) Not fewer than five members of the Board of Trustees, including at least one
of the Trustees appointed by the AML /JIA Board of Trustees, shall be representatives of
Participants. Consideration shall be given to geographic and population distribution when Trustees
are appointed.
(d) Individuals interested in serving on the Board of Trustees must submit a
completed application in a form approved by the Trustees not less than ninety (90) days before the
annual meeting.
Section 3 - Officers of the Association
(a) Chairman and Vice Chairman. The Trustees shall elect a Chairman and Vice
Chairman of the Association at its first meeting, each to hold office for a one -year term and until a
successor is elected. Thereafter at the annual meeting of each succeeding calendar year, the
AML /JIA Bylaws Page 6
10/29/90
Trustees shall elect or re -elect the Chairman and Vice Chairman for the ensuing year. In the event
the Chairman or Vice Chairman so elected ceases to be a member of the Board of Trustees, the
resulting vacancy in the office of Chairman or Vice Chairman shall be filled at the next regular or
special meeting of the Trustees held after such vacancy occurs. In the absence or inability of the
Chairman to act, the Vice Chairman shall act as Chairman. The Chairman, or in his or her absence,
the Vice Chairman, shall preside at and conduct all meetings of the Trustees and shall be a member
and the Chairman of the Executive Committee.
(b) Administrator. The Administrator shall have the general administrative
responsibility for the activities of the Joint Insurance Arrangement and shall retain all necessary
employees thereof. The Administrator need not be a member of the Board of Trustees.
(c) Treasurer. The Treasurer shall be appointed by the Trustees and shall be a
person other than the Administrator and shall not be a member of the Board of Trustees. The duties
of the Treasurer are set forth in the Cooperative Participation Agreement.
(d) Secretary. The Secretary of the Board of Trustees shall be appointed by the
Trustees and shall be a person other than the Chairman or Vice Chairman, and need not be a
member of the Board of Trustees. The Secretary shall be responsible for keeping and maintaining
minutes of the meetings of the Participants and Trustees of the Association, and other records,
contracts, and documents pertaining to the Association.
Section 4 - Quorum
At all meetings of the Trustees, the presence of a simple majority of the membership
of the Board of Trustees shall constitute a quorum. An affirmative vote of a simple majority of the
membership of the Board of Trustees shall be required to pass any motion, except as to those
matters for which a greater majority is specified in these bylaws or by contract.
Section 5 - Meetings
The Trustees shall meet at least once per calendar quarter and at such other times as
determined by the Trustees. Special meetings shall be held whenever called by the Chairman or at
the request of three Trustees.
(a) Minutes. The Trustees of the Association shall cause minutes of regular,
adjourned regular and special meetings to be kept and shall, as soon as possible after each meeting,
AML /JIA Bylaws Page 7
10/29/90
cause a copy of the minutes to be forwarded to each member of the Board of Trustees. Copies of
the minutes shall be made available to each participant upon request.
Section 6 - Notice
Written or telephonic notice of at least five working days shall be sent to each
Trustee prior to any meeting, unless waived. Notice shall be deemed given on the day notice is sent.
Telephonic notice shall be confirmed by letter, telegram or other comparable electronic or written
communication. Any Trustee may waive notice in writing either before or after the date of the
meeting, and if such waivers are received from all Trustees not present, any action taken at the
meeting shall be valid as though due notice had been given.
Section 7 - Open Meetings
Meetings of the Trustees shall be open to all participating members except the
Trustees may hold closed, executive sessions for claims, personnel, litigation or any matter the
immediate knowledge of which would adversely affect the finances of the JIA or any of its
Participants, or subjects that tend to prejudice the reputation and character of any person, or matters
which are required to be confidential pursuant to law.
Section 8 - Telephonic Meetings
Any meeting which has been duly noticed and which could properly be held by
Trustees attending in person, may, at the discretion of the Chairman, or at the request of at least
three Trustees, be conducted via conference telephone or similar means of simultaneous electronic
communication.
Section 9 - Vacancy
Any vacancy on the Board of Trustees occurring by reason of an increase in the
number of Trustees or the death, resignation, removal, the inability to act of any Trustee or
otherwise, shall be filled for the unexpired portion of the term by a majority vote of the body (either
the AML Board of Directors or the AML /JIA board of Trustees) that appointed the Trustee whose
vacancy is to be filled or that is otherwise charged by these Bylaws with appointing the Trustee, at
any regular or special meeting of the appointing body.
Section 10 - Resignation
Any Trustee may resign at any time by giving written notice to the Board of
Trustees, to the chairman or secretary of the Association, and to the Executive Director of the AML.
AML /JIA Bylaws Page 8
10/29/90 t R
Unless otherwise specified in such written notice, such resignation shall take effect upon receipt
thereof by the Trustees or such officer, and the acceptance of such resignation shall not be necessary
to make it effective.
Section 11 - Removal
Any Trustee appointed by the AML Board of Directors may be removed with or
without cause at any time by an affirmative vote of three- quarters (3/4) of the AML Board of
Directors at a regular or special meeting called for that purpose. Any Trustee appointed by the
AML /JIA Board of Trustees may be removed with or without cause at any time by an affirmative
vote of three- quarters (3/4) of the AML /JIA Board of Trustees at a regular or special meeting called
for that purpose. Any Trustee subject to such removal shall be given not less than 10 days written
notice of the fact that the issue of his or her removal shall be decided, and of the date, time and place
of such meeting, and shall be afforded an opportunity to present written or verbal comment upon the
proposed action prior to any decision thereon.
Section 12 - Compensation
The Trustees shall serve without compensation, but shall be entitled to
reimbursement of actual and reasonable expenses incurred in the performance of their official duties
upon approval of the Trustees. The Association reserves the right to make reservations or prior
arrangements for such expense items as airlines and hotels, and to establish a per diem rate or
allowance to cover other incidental expenses.
Section 13 - Bonding
The Trustees may obtain, and expend Association funds to maintain such fidelity
bonding or employee or directors' errors and omissions, malfeasance or misfeasance insurance
coverage as is deemed appropriate.
ARTICLE 7 - POWERS AND DUTIES OF THE BOARD OF TRUSTEES
The Trustees may establish and manage any joint insurance funds, pools, policies
and other services contemplated in these bylaws, and may:
(a) Prepare specifications, request bids, and enter into any contract for the
purpose of underwriting, administering or providing any services to the joint insurance funds or
their Participants, policies or services contemplated in these bylaws.
AML /JL4 Bylaws
Page 9
10/29/90 C 7
(b) Determine the rates, risks, benefits and terms of participation in the joint
insurance funds, policies or services contemplated in these bylaws; adjust the rates and benefits
based on claim experience and file such rates and terms as required by law.
(c) Provide for individual or collective underwriting or other agreements for
Participants in any joint insurance fund, policy or service contemplated by these bylaws; serve as
the policyholder of any group policies; determine the methods of claims administration and
payment, consistent with law; determine extent of loss prevention required; provide claims
experience reports for Participants collectively or separately; pool or purchase excess insurance and
reinsurance.
(d) Determine the amount of contributions or appropriations required from
Participants for the purpose of participating in any part or all of the joint insurance funds, policies or
services established pursuant to these bylaws.
(e) Establish standards for eligibility of Participants in any joint insurance fund,
policy or service, and procedures for enrollment and withdrawal in any joint insurance fund, policy
or service; and establish effective dates of coverage.
(f) In accordance with a Cooperative Participation Agreement filed with the
Director of Insurance, provide for the administration of any joint insurance fund established
hereunder, for the manner of payments to such joint insurance fund or funds, policies or services
which may be established, and establish procedures for safekeeping, handling and investing such
joint insurance fund or funds and any monies received or paid. With respect to each fund, claim
reserves are to be accounted for by policy year for incurred but not yet paid, as well as incurred but
not reported, losses.
(g) Define the duties of the employees of the Association, particularly an
Administrator or Insurance Manager and establish record requirements for the Association to enable
the correct billing of contributions and fees, enrollment of Participants and their employees, and
payment of claims.
(h) Serve as or appoint an appeals body for complaints of Participants and their
employees regarding allowance and payment of claims, eligibility and other matters (subject to the
jurisdiction of the workers' compensation commission and other governmental agencies having
jurisdiction), and establish procedures for grievances of Participants and their employees.
AML /JIA Bylaws " Page 10
10/29/90 `� ''
(i) Study the operation of joint insurance funds, policies or services, gross and
net costs, administrative costs, benefits, utilization of benefits and claims administration.
(j) Incur expenses, acquire and hold personal and real property, and enter into
agreements necessary to accomplish the purposes of these bylaws; exercise the full power and
authority of any Participant of the Association with respect to risk management matters when
required to do so by contract with the Participant; or otherwise provide for necessary activities to
accomplish the purposes of these bylaws.
(k) Contract for such professional services as it may deem necessary and fix the
time, manner, and payment therefore.
(1) Contract with any qualified organization to perform any of the functions
necessary for the carrying out of a joint insurance arrangement, including excess loss insurance or
reinsurance, handling of claims, loss prevention and control services, administrative services and
any and all other services that the Trustees shall deem expedient for the proper servicing of those
Participants who use the services of the Association.
(m) Provide for proper accounting and reporting procedures for each of the
Participants so that it shall be apprised at all times of the nature of the claims arising within its
jurisdiction, the manner in which these claims are being handled, and the impact of the same upon
the joint insurance.
(n) Provide for annual audit of the books of the Association by certified public
accountants and provide a copy of such audit to each Participant and to the Legislative Budget and
Audit Committee pursuant to statute.
(o) Annually provide for a review of its operations and general condition by a
recognized, independent, actuary who is a member in good standing of the American Academy of
Actuaries, including a determination that the actuarial assumptions used for establishing reserves in
any joint insurance fund are sound, and provide a copy of such review to the Legislative Budget and
Audit Committee.
(p) Provide for a detailed report of the operation and condition of each joint
insurance fund or funds, within sixty (60) days of the end of the fiscal year, to be filed with the
Director of Insurance, in accordance with accounting principles established by AS 21.76, and be
available for public inspection, pursuant to AS 21.76.080.
AML /JIA Bylaws Page 11
10/29/90
(q) Terminate membership of any Participant which fails to abide by the
requirements of the Board concerning: payment of the annual deposit contribution and any other
contributions, installation of safety requirements, accounting and reporting, claims administration,
compliance with other risk management standards, cooperation with the claims agents or attorneys
representing the Association or any of the Participants; or terminate membership of any Participant
which, in the judgment of the Trustees, acts in a manner detrimental to the fiscal soundness or
effectiveness of the Association.
(r) Develop and prepare Cooperative Participation Agreements to be signed by
each Participant as it joins the Association.
(s) Determine the amount of insurance, if any, that shall be purchased by the
Association insofar as catastrophic coverage, excess loss coverage, stop loss or other types of
coverage.
(t) Require the securing of a fidelity bond or similar insurance coverage upon
each and all of the employees of the Association and upon other persons charged with the duty of
handling any of the monies or investments of the Association.
(u) Pay claims by, to, or on the behalf of Participants, including claims made
against Participants.
(v) Borrow money to carry out purposes of these bylaws and of the Association.
(w) Lend money from one joint insurance fund it administers to another it
administers on such terms and conditions as it may determine.
(x) Review, modify, if necessary, and approve the annual operating budget of
the Association.
(y) Invest money held by a joint insurance fund as reserves and money not
needed for daily operations.
(z) Exercise all of the powers necessary or desirable to carry out the purposes of
• the Association or the specific powers enumerated in this article.
ARTICLE 8 - CONTRIBUTION OF MEMBERS,
COVERAGE LIMITS, RETENTIONS AND EXCESS INSURANCE
The Trustees shall establish a method for determining contributions to joint
insurance funds using the following guidelines:
AML /JIA Bylaws Page 12
10/29/90 r q
(a) No joint insurance fund shall commence sharing of risks until the
Association shall have received contributions from Participants in the amount required by the Board
of Directors.
(b) The Trustees may establish a deductible or retention for each Participant.
(c) The Trustees shall establish the amount of liability with respect to claims
•
against its Participants which each fund shall assume.
(d) Each joint insurance fund may obtain excess insurance or reinsurance with
respect to claims against its Participants which each joint insurance fund shall assume.
(e) Each joint insurance fund may obtain excess insurance against aggregate
fund liability for all claims as determined by the Trustees.
(f) Each Participant or former Participant of a joint insurance fund shall be
responsible as determined by the Board of Trustees for additional contributions or assessments to
the fund in the event as to any coverage year, losses (including incurred but unreported or unpaid
losses) and expenses exceed the annual deposit contribution and income earned on such contribu-
tions. A former Participant shall be responsible, under this section, for its proportionate share of
additional contributions or assessments only for losses and expenses attributable to the time period
of its participation in the program; however, there shall be no time limitation on former Participant
liability under this section. Participants taking part only in a group purchase program, however,
shall not be responsible for additional contributions due to a deficit in the risk - sharing program.
Such additional contributions shall be determined by the Trustees based upon each Participant's
proportionate annual deposit contribution in comparison to the aggregate annual deposit
contributions of all Participants for those Participants taking part in a program whereby risks from
loss are shared on a group basis. For Participants taking part only in a group purchase program,
such additional contributions, if any, may be based on their proportionate annual deposit
contribution or other factors. The Trustees shall establish the amount of additional contributions
which may be required from any Participant. .
(g) Annual deposit contributions of Participants shall be determined by the
Trustees on the basis of each joint insurance fund's insurance provided, reserve for contingencies,
reserve for losses, cost of excess insurance, cost of conventional insurance for each Participant,
AML /JIA Bylaws Page 13
10/29/90
j
claims experience, administrative costs, any catastrophic loss reserve funds, rate stabilization funds,
or excess loss funds established by the Trustees, and other pertinent factors.
ARTICLE 9 - ADMINISTRATION
Section 1 - Administrator
The Trustees shall appoint an Administrator to serve as chief executive officer of the
Association. The Administrator shall have the general supervisory control over the day -to -day
decisions and administrative activities of the Association.
Section 2 - Employees /Contracts for Services
The Trustees may appoint such other officers or employees and employ or contract
with the AML or other persons or entities for such administrative, planning, research or other
services upon such terms as may be necessary or in the Trustees' judgment desirable to carry out the
purposes of these bylaws and of the cooperative participation agreements.
Section 3 - Hiring/ "Borrowing" of Employees
The Administrator shall have the power to hire such persons as the Trustees
authorize for the administration of the Association, including the "borrowing" of management -level
or clerical employees from the AML and/or one or more of the Participants to assist in the
development phase or subsequent administration of the Joint Insurance Arrangement of the
Association, subject to the approval of the Participant. Any Participant whose employee is so
"borrowed" according to this provision shall be reimbursed by the Association for that employee's
time spent or services rendered on behalf of the Association.
ARTICLE 10 - COMMITTEES
Section 1 - Executive Committee
The Board of Trustees may appoint an Executive Committee of the Board of
Trustees which shall consist of an odd number of not less than three nor more than five Trustees, as
determined by the Board of Trustees. Two of the members of the Executive Committee, if
established, shall be the Chairman of the Board of Trustees, and the nonvoting, ex- officio member
from the AML; the remainder of the members, after their original election, shall be elected by the
Trustees at the same time the officers of the Board of Trustees are elected at the annual Association
meeting each calendar year. The Chairman of the Association shall serve as the Chairman of the
AML /JIA Bylaws Page 14
10/29/90 10 1
Executive Committee. The Board of Trustees may delegate certain powers of the Trustees as
outlined in Article 7 to the Executive Committee, as it deems appropriate.
The Executive Committee or any other Board committee established by the Trustees
may not take any action contrary to previous action of the full Board of Trustees nor make any
decisions that would require an amendment of, or be inconsistent with, the Bylaws or Cooperative
Participation Agreement. The Trustees may review all acts of the Executive Committee, or any
other Board committee established by the Trustees and shall have the power to modify and/or
override any decision or action of the Executive Committee or any other committee upon a majority
vote of the Board of Trustees.
Section 2 - Other Committees.
In addition to an Executive Committee, the Board of Trustees may establish and
appoint Trustees to such other committees as the Board from time to time may deem necessary.
Any committees other than the Executive Committee shall consist of an odd number of not less than
three nor more than five Trustees as determined by the Board. The Board of Trustees may delegate
certain powers of the Trustees as outlined in Article 7 to any such committee established by the
Trustees as it may deem appropriate.
ARTICLE 11 - INDEMNIFICATION OF
TRUSTEES, OFFICERS, EMPLOYEES, AND AML
The members of the Board of Trustees and officers and employees of the
Association shall use ordinary care and reasonable diligence in the exercise of their powers and in
the performance of their duties for the Association and shall not be liable for any mistakes of
judgment or other action, taken or omitted by them in good faith; nor for any action taken or omitted
by an agent, employee or independent contractor selected in good faith by them or any of them; nor
for loss incurred through investment of Association funds or failure to invest. No trustee, officer or
employee shall be liable for any action taken or omitted by any other officer, Trustee, or employee.
The Association shall defend, indemnify and hold harmless each Trustee, officer, and employee for
expenses, including attorney's fees, and the amount of any judgment, money decree, fine, penalty or
settlement for which he may become liable by reason of his being, or having been, a Trustee, officer
or employee of the Association who exercises powers or performs duties for the Association, except
in relation to matters as to which said Trustee, officer of employee is finally adjudged in any action,
AML /JIA Bylaws Page 15
10/29/90
suit or proceeding to be liable for failure to act in good faith in the performance of his or her duties
as such Trustee, officer, or employee.
ARTICLE 12 - FISCAL YEAR
The fiscal year of the Association shall commence July 1 of each year and end June
• 30 of the succeeding year, or as determined by the Board.
ARTICLE 13 - ENROLLMENT
Any local public agency that is a member in good standing of the AML and is
otherwise qualified to participate in the Cooperative Participation Agreement may enroll as a
Participant of the AML Joint Insurance Association. A prospective Participant must sign the
Cooperative Participation Agreement in order to become a Participant. The Trustees may provide
such incentives to encourage participation as it deems appropriate.
ARTICLE 14 - WITHDRAWAL FROM PARTICIPATION
A Participant may withdraw from the Association, subject to the provisions of these
bylaws and of the Cooperative Participation Agreement, , except that Participants enrolled only in a
group purchase program may withdraw in accordance with the applicable insurance policy and
Cooperative Participation Agreement. . Any withdrawal by a Participant shall be effective only at
the end of the fiscal year, and only after giving the Association not less than six (6) months written
notice of intent to withdraw. These limitations on the time and notice required for withdrawal shall
not apply to Participants taking part only in a group purchase program. Those Participants may
withdraw according to the applicable Cooperative Participation Agreement and insurance policy.
Such withdrawal shall not exonerate a withdrawing Participant from liability incurred during the
term of its participation, or pursuant to the Cooperative Participation Agreement.
ARTICLE 15 - DISSOLUTION
In the event of a dissolution of the Association, but only after the payment, or
provision for, all debts, claims and liabilities, any remaining assets shall be paid to the Participants
at the time of the dissolution date established by the Trustees, in proportion to their respective total
contributions to the Association and as provided in the Cooperative Participation Agreement.
AML /JIA Bylaws Page 16
10/29/90 • 0
Participants who have taken part only in a group purchase program shall not share in the distribution
of assets upon dissolution.
ARTICLE 16 - AMENDMENTS
These bylaws may be amended by a vote of two- thirds (2/3) of the Trustees present
at any annual meeting, regular meeting, or special meeting of the Trustees called at least in part for
the purpose of amending the bylaws. Any bylaw amendment shall become effective immediately
unless otherwise stated therein.
ARTICLE 17 - OFFICE
The principal office of the Association shall be in such location as the Trustees shall
decide within the State of Alaska. The Association may also maintain offices at such other places
within Alaska as the Trustees may from time to time determine.
ARTICLE 18 - OFFICIAL SEAL
The Trustees of the Association may adopt an official seal in such form as they may
determine, which seal may be affixed to official documents of the Association.
The undersigned certifies the foregoing bylaws have been adopted as the amended
bylaws of the Association.
DATED this 1 day of July, 2010.
CHAIRMAN
ATTEST:
Secretary
AML /JIA Bylaws Page 17
10/29/90 3. � J L
: .,,, ', ,,,., ,, , ' , , ,, ' " ', '' ,,;,'-', ' ,, Jtii le201.0' JuiY2010- ,
J n , . ,,. 201 . 0 ,,,,., ...„,,,,,,.,,,,,,,,,,, ,......,,.....:,,,,,,,,,..,,,,„,,,,,, ,:, ... .,.., , .., .,. ,,
. . .. ,..,....„,,,, , ‘,.... , sm,T WTFS -SMTWTFS
1,, ,2 3 4 5 123
, .
„6 7 8 9 1011 12 4 5 6 7 8 9 10
1314 15 16 18 19 11 12 13 14 15 16 17
, 20 2,1. 2223 24 25 26 18 19 20 21 22 23 24
27 28 2930 ' 25 26 27 28 29 30 31
Monday ,' ,' Tuesda c' '' • ,,, Wedhe,§da ' • , ' ' ' ' Thi.1 d ' " Fr
:,,,,,,,,,,,,:,,,,,,,,,,,,, , r;!,!y ,.,
a ,-,-,,,,, 3 4
';','':."'':'''''''''',- -'''''''''''' ' '' ; '''' '1< ' '''-';' 'j''' ''''' '"
Zi$Q1;i6,,',',1D&Z Meeting '''..1!()01*,p;iPACAB Meeting k-,‘
. •
- ws
,,.,.... . ,,..„,.. `
74,..,, ,;.`,- ;',.■
6:b0PM, CC WS (Library ' '''63'0Pir)P&Z Work Session' Work A, 00n'i'''''social Security
Museum) (Canceled) Session Rep
7:00Pni Council '„ 6:30pOr: Historic
Meeting Preservation
Meeting & Work
Session
,21c.:-:;V,:,',.,IL'4'-':!;:,io',i,L,'iliMi''-f'(4,-1-il'',:,-';''..:::',Iiiir'..:;;i'4.-;Zfol'f:;,i"'51;girsei2:.,,,ri',-;,--:i*,tsiii.rtl,.'''''''4 ''''';''''''
''',--''-';'''
5:30p litCC WS - , WS (PACAB '
(Emergency
Title 7)
T-Line Repair)
, ,-7:00Pm'CC WS (PACAB ,•.
Title 7)
,_ „_,, '''
4;09,0MICC WS (Wellness' ',',;',,OtpOpe:i CC WS (Library/
,,, ,..
' Initiative) Museum Funding))
7:0015m City Council
Meeting
...„..,........0
N •,,, ---.'"-
---.....,_....„..--,...,-,......,--
Nanci Richey
1 6/23/2010 12:05 PM
.... ..._ ,, •
7ul 2Q10 u
Au�
S M TW T! F S S M T114 T ''"F '-5''''..
,3' ''''', '''''''''':''' ' '' ''' " ' '- ' - ''''' -''--<
91 91011l2134
':11 12,43:14:i1.5 1617 15 16,17 18 1920 21
18 19 20,21 22 23'24 25 26 27 28
25 26'27 29;30.31'.. 29 30 31
Monda Tuesda Wednesda Thursda .Fnda
a�� ,
' : ►n;'CC WS (Land
Policies and
Procedures)
•
5 6 7 8 9
�
uly4th Holiday (Offices Close 7:30pm P&Z Meeting 12;00pm PACAB Meeting 11:30am
'_
�2 13 14 15' 16
4 7 ; O0pm City Council 9;QOam Social Security
Meeting Rep
19 20 21 22 - ! 23
6:30pm P&Z Work Session 12:OOpm;PACAB Work
Session
6:30pm;Historic
Preservation
Meeting
6 27. 28 29 30
,,7:'i7 pm City Council
Meeting �f
Nanci Richey 2 1
6/23/2010 8:55 AM 3 f