The URL can be used to link to this page

Home My WebLink About06122017 City Council PacketSeward City Council Agenda Packet June 12, 2017 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} June 12, 2017 7:00 p.m. Council Chambers Jean Bardarson CALL TO ORDER Mayor PLEDGE OF ALLEGIANCE Term Expires 2017 ROLL CALL CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMSSCHEDULED FORPUBLIC HEARING Vice Mayor \[Thosewhohavesignedin will begiventhefirstopportunityto Term Expires 2018speak. Time is limited to3minutesper speaker and36minutes to tal time for this agenda item.\] Ristine Casagranda APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agendaitems are not considered separately unless Term Expires 2018 a council memberso requests.Intheevent of such arequest,theitem is returned to the Regular Agenda\] David Squires SPECIAL ORDERS, PRESENTATIONS AND REPORTS Council Member Term Expires 2017 Proclamationsand Awards Sue McClure Seward Parks and RecreationAdelmann Appreciation CouncilMember Awardto Eli Davis, Tia Miranda, and Sullivan Hauze. Term Expires 2017 RecognizingSpring Creek CorrectionalCenter’sEmployee Deborah Altermatt of the Year, DebBarmer. Council Member Term Expires 2017 Borough Assembly Report CityManagerReport Erik Slater City Attorney Report Council Member OtherReportsand Presentations Term Expires 2018 PUBLIC HEARINGS– None James Hunt City Manager Johanna Kinney City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda June 12, 2017 Page 1 UNFINISHED BUSINESS– None NEW BUSINESS Resolutions Resolution 2017-032, Accepting The2017 Volunteer Fire Assistance Grant (VFA) In The AmountOf $6,367.46 AndAuthorizingTheMatchingFunds Of $2,000.00 And Appropriating Funds. Resolution 2017-033,AuthorizingTheCityManagerToApproveFerrara FireApparatusInc. To Present TrainingOnOperationsAndMaintenanceOf Our 2001 Ferrara Igniter QuintAndHireULServices ForAnnual Ladder Inspection/Testing For An Amount Of$10,215.00FromTheMotorPool Fund, And Appropriating Funds. Resolution 2017-034,AuthorizingTheCityManagerToEnter Into A Contract WithKnikConstruction For AdditionalRoad Improvements And PavingUtilizing The 2017 Road Bonds ToFinanceThe Planning, Design And Construction Of TheRoadImprovementProjectsIn The AmountOf $3,000,000, And Appropriating Funds. Resolution 2017-035,AuthorizingReplacementOfTheRoofOfTheSeward AnimalShelter,In An Amount NotToExceed $6,851.00, And Appropriating Funds. Other New Business Items 1.ApprovalofMay 22, 2017 RegularCityCouncilMeetingMinutesand the May 2017 Special Meeting minutes. 30, *2.Non-objectionto the PremisesChangeforLiquorLicenseforTacoDan’s LLC d/b/a Gulfof Alaska Food Court #4915. *3. Appointing TanguyLibbrechttotheSewardHistoricPreservationCommission with a term expiring in May, 2020. INFORMATIONAL ITEMSAND REPORTS(No Action Required) On-going City Projectand Goal List. LettertotheNationalParkSystemregardingdeferredmaintenanceneedsin America’sNationalParkSystem.(Bardarson) Letter toUnited States ArmyCorpsofEngineersinsupportofLowellCanyonTunnel Operation and Maintenance Authority. (Bardarson) CityClerk Procedural Memo on the Consent Agenda and Unanimous Consent. COUNCIL COMMENTS CITIZEN COMMENTS COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS ADJOURNMENT City of Seward, Alaska Council Agenda June 12, 2017 Page 2 3 4 5 PROCLAMATION WHEREAS, Spring Creek Correctional Center started the Employee of the Month and Employee of the Year program in 1991 to show appreciation and recognize those who display high levels of professionalism; and WHEREAS,Deb Barmer,Correctional Officer II, was chosen as Spring Creek Correctional Center’s 2017 Employee of the Year; and WHEREAS,Barmer’sdedication to Spring Creek Correctional Center and to the Department of Corrections is commendable and deserves recognition; and WHEREAS,Barmer will behonored at a luncheon at noon on Friday, June 16, 2017 at the Peking Restaurant for this great achievement. NOW THEREFORE, I, Jean Bardarson, Mayor of the City of Seward, Alaska, do hereby recognize and congratulate Deb Barmeron this fine accomplishment as SPRING CREEK CORRECTIONAL CENTER EMPLOYEE OF THE YEAR FOR 2017 th day of June, 2017. Dated this 12 THE CITY OF SEWARD, ALASKA ______________________________ Jean Bardarson, Mayor 6 7 8 9 10 Handicap ramp work starts the road projects. 11 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE 2017VOLUNTEER FIRE ASSISTANCE GRANT (VFA)IN THE AMOUNT OF $6,367.46AND AUTHORIZING THE MATCHINGFUNDS OF $2,000.00AND APPROPRIATING FUNDS WHEREAS, the Seward Fire Department applied for and was awarded a Volunteer Fire Assistance grant from the Alaska Departmentof Natural Resources in the amount of $6,367.46;and WHEREAS, the City is required to provide a cash match and will spend $2,000.00in local funds as a condition of the grant and these funds are included in the Fire Department Volunteer 2017 budget; and WHEREAS, the grant must be used for purchasing equipment identified in the grant application (LEDheadlamps, handheld spotlights, chainsaws, acircular saw, various electrical adapters and one set of turnout gear) for a total project value of $8,367.46; and WHEREAS, these purchases will provide our firefighterswith the maximum protection and interoperabilityneededtoprotectthe lives and property of the citizens of Seward, and furtherfulfill equipment needs identified in our mutual aid agreement withthe Alaska Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The 2017Volunteer Fire Assistance Grant award in the amount of $6,367.46is hereby accepted and appropriatedalong with the required cash match of $2,000.00to the Volunteer Small tools account number 01000-1221-7217-0022. Section 2.This resolution shall take effect immediately upon its adoption. th PASSED AND APPROVEDby the City Council of the city of Seward, Alaska, this 12day of June, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 12 CITY OF SEWARD, ALASKA RESOLUTION 2016-032 ___________________________ AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 13 14 15 16 17 18 19 20 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPROVE FERRARAFIRE APPARATUS INC. TO PRESENT TRAINING ON OPERATIONS AND MAINTENANCE OF OUR2001 FERRARA IGNITER QUINT AND HIREUL SERVICES FOR ANNUAL LADDER INSPECTION/TESTINGFOR AN AMOUNT OF $10,215.00 FROM THE MOTOR POOL FUND, AND APPROPRIATING FUNDS WHEREAS, in January 2016 the Seward City Council passed Resolution 2016-006 authorizing the purchase of a 2001 Ferrara Igniter Quint Aerial apparatusto replacea1985 E-One engine that could not be cost-effectively refurbished; and WHEREAS,Council authorized $280,000for the purchase of an aerial apparatus and equipment to maintain NFPA/ISOcompliance. When this project was completed thetotal of $214,295.67was spent, returning $65,704.33 in unused funds to the Motor Pool Fund;and WHEREAS,the unanticipated departure of a number of critical staffand volunteers has resulted inagap in training and maintenance for the aerialapparatus; and WHEREAS,a quote was received for threedays of specialized training provided by the manufacturer on operations and routine maintenance, at a cost of $6,715; and WHEREAS,another unbudgeted expense for 2017 is the annual UL certified inspection/testingof the aerial ladders at the cost of $3,500.00; and WHEREAS, this request for $10,215.00 will complete the aerial project for 2017 and future expenses to be incurred for these services will be included in the bi-annual budgeting process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City Manager is authorized to approve training expenses with Ferrara Fire Apparatus, Inc. in the amount of $6,715.00. Section 2.Ladder inspection/testing by UL Service is authorized in the amount of $3,500.00. Section 3. Funding in the amount of $10,215 is hereby appropriated from the Motor Pool Fund undesignated reserves account no. 03000-0000-3400 to education/training account no. 03000- 1220-7303. 21 CITY OF SEWARD, ALASKA RESOLUTION 2017-033 ___________________________ Section 4. This resolution shall take effect immediately upon adoption. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 12dayof June, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 22 23 24 UL In-Service Testing 2017 Price Sheet Aerial Inspection Services: Annual Aerial Inspection $2,156.00 (each) Annual with Non-Destructive Testing (NDT) $2,500.00(each) Aerial Re-Inspection* $145.00per Hour ($815.00 Min Fee) *Note: The above re-inspection pricing is only valid when there is other work scheduled in the area. Special trips for re-inspection will be priced on travel time and expenses. Bronto, Schwing, and Metz (2 Day $2,760.00 (each) for Annual Test Inspection) $3,197.00 (each) for Annual Test with NDT Ground Ladder Inspection Service: Price (Per Foot)$3.67 per linear foot Heat Sensor Labels $2.85 (each) Minimum Fee (See NoteBelow)$1,065.00 Note: Minimum Fee Waived If Pump or Aerial is Tested with Ground Ladders in consecutive days. Pump Test Inspection Service: 1 Pump Test$1,535.00 2 Pump Tests$880.00 (each) 3 Pump Tests$570.00 (each) 4 or more Pump Tests $550.00 (each) Generator (See Note Below) $100.00 (each) Note: If the vehicle has a fixed power source (generator) that takes its power off of the same engine that drives the pump and was built after 1996, the generator must be run at 50% of the Power Source Specification Label (PSSL) or the generator nameplate if no PSSL is present. 25 What sets UL apart? •Accredited to ISO 17020 •UL Field Representatives certified as Level II NDT to ASNT CP-189 •Local UL Field Representatives •Dedicated to Public Safety and the Fire Safety Industry for over 118 years •The leading US Safety Certification Organization. Information regarding each of our services is provided below. Aerial Devices: UL offers an Annual Aerial Inspection Service, with optional Non-Destructive Tests (NDT). All inspections and tests are conducted in accordance with NFPA Standard 1911; “Standard for the Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus.” The Annual Aerial Inspection Service includes, but is not limited to, a load test, all operational tests, water tests, and the hydraulic fluid analysis. Non-Destructive Tests (NDT) when conducted in conjunction with the Annual Aerial Inspection includes: ultrasonic, magnetic particle, visual and dyepenetrant inspection where applicable. Our Annual Aerial Inspection Services are aimed at helping fire departments across the country keep their equipment in serviceable condition. A level area with electricity and water should be available for the inspection. UL PERSONNEL ARE NOT AUTHORIZED TO OPERATE FIRE DEPARTMENT AERIALS. A trained and qualified operator MUST be available during the aerial testing. Ground Ladders: Ground ladders are tested in accordance with NFPA Standard 1932; “Standard on Use, Maintenance, and Service Testing of In-Service Fire Department Ground Ladders.” UL Field Representatives are equipped to test up to 500 feet of ground ladders per day. 26 Pumps: In-service pumps are tested in accordance with NFPA 1911; “Standard for the Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus.” UL has fully equipped trailers with a 3000-gallon portable water tank and associated equipment that provide for ease of testing at your fire department or local designated facility. UL Field Representatives are equipped to inspect up to 4 pumps in one day. Report and Certificate: After completion of our work, a copy of our inspection and test Report will be provided to you. If the equipment is found to comply with the applicable requirements, UL will also issue a Certificate. Although a Certificate is not required by the aforementioned NFPA Standards, this service is provided by UL. If non-compliant items are found during an inspection, a re-inspection would be required in order to obtain a Certificate. We know that you rely on this apparatus to protect your fire fighters and your community. Let UL utilize our experience, training and equipment to provide you with the most comprehensive fire apparatus inspection services in the industry. 27 GSA6000527706 12/07/2016 Party No.: 5326127 Agreement No.:6000527706 GLOBAL SERVICES AGREEMENT Processor ID No.:19518 (For Internal Use Only) ThetermsofthisGlobalServicesAgreement("GSA")effectiveasof17-APR-2017("EffectiveDate")willapplytoall ServicestobeprovidedtoCityofSewardFireDepartment("Client"or"you")bytheUL Companyidentifiedorreferred toinaQuotationorProjectConfirmation("UL ContractingParty,""we"or"us"). "UL ContractingParty"and "Client" may becollectivelyreferredtoas"Parties"orindividuallyas"Party." Yourprincipalplaceofbusinessis3164thAve,POBox 167,Seward,AK,99664,US. "UL Company"meansaUL ContractingPartyoranentitycontrolledby,controlling,orundercommoncontrolwiththat UL ContractingParty,and"UL Companies"meansallofthem,collectively."Control"meansthepossession,directlyor indirectly,ofthepowertodirectorcausethedirectionofthemanagementandpoliciesofanentity,whetherthrough ownershipofmorethan50%oftheinterestsinsuchentity,bycontract,orotherwise. 1.Services.Theterm"Service(s)"meanstheservicesthatareidentifiedinaQuotationorProjectConfirmationwhich byitstermsincorporatesthisGSA.EachtypeofServicehasitsownspecificadditionalrequirements("ServiceTerms ")whichwemayamendfromtimetotime.Anyamendmentwillapplyprospectivelyfromthedatetheamendment(s) arepostedtothewebsitereferredtointhenextsentence.Theyareavailableatwww.ul.com/ServiceTermsandwill beprovidedtoyouinprintorelectronicformatuponrequest.ThecapitalizedtermsusedbutnotdefinedinthisGSA willhavethesamemeaningasintheapplicableServiceTerms. 2.ServiceAgreements.Aserviceagreement("ServiceAgreement")willbeformedby:(i) youracceptanceofawritten offer(includingbyemail)madebyusoronourbehalftoprovideServices(a"Quotation");(ii) theissuanceofawritten acceptance(includingbyemail)ofyourorderbyusoronourbehalf(a"ProjectConfirmation");or(iii) yourwrittenor oralrequestforServicesandourcommencementofsuchServicesifneitheraQuotationnorProjectConfirmationis issued.InthecaseofFollow-UpServices,theFollow-UpServiceProcedureisourQuotationtoallSubscribersfor Follow-UpServicesregardlessofwhichSubscriberreceivestheQuotation;andacceptance(inthemannersetforthin theFollow-UpServiceTerms)byanySubscriberofaQuotationforFollow-UpServicesshallbindallSubscribersand formyourServiceAgreementforFollow-UpServices.Theterms"Subscriber,""Follow-UpServices"and"Follow-Up ServiceProcedure"aredefinedintheFollow-UpServiceTerms.EachServiceAgreementwillincorporateboththe applicableServiceTermsineffectonthedatetheServiceAgreementisformedandthisGSA. MorethanoneServiceAgreementmaybeformedwhichincorporatethetermsofthisGSA.Ifyouobtainmorethan oneServiceunderseparateQuotationsorProjectConfirmations,yourServiceAgreementsmaybewithdifferent UL ContractingParties,asidentifiedineachQuotationorProjectConfirmation. 3.Scheduling,PricingandPaymentTerms.AnypricinganddeliveryschedulesquotedforServicesareestimates only,andmaybesubjecttochangebyusuponpriornoticetoyou,dependingontherequirementsofthespecific project.BeforewebeginServices,wemayrequireyoutomakeadeposit(tobecreditedagainstthetotalcharges). Youwillpayourfeesandrelatedexpensespromptlyuponreceiptofaninvoice.Youwillberesponsibleforalltaxes, dutiesorimpostswhichmaybeleviedbyagovernmentalbody("Taxes")otherthantaxesmeasuredbya UL Company'snetincomerelatedtoanyServiceAgreement.WemayaddsuchTaxestoourinvoicesandcollect themfromyou.Youwillnotdeductanywireortransferfeesorotheroffsets.Wemaychargeinterestat1%per month(12%peryear),orthemaximumlegalrate,whicheverisless,onalloutstandingbalances,fromtheduedate untilpaidinfull.Youagreetopayreasonablecollectioncosts,includingattorneys'fees,ifnecessary,intheeventof untimelypaymentornon-payment.Ifchargesarenotpaidwhendue,wemaydenyorwithdrawanyServicestoyou. 4.YourInformation.Yourepresentandwarrantthatallinformationand/ordataprovidedtousoranotherUL Company byyou,oronyourbehalf("YourInformation"),willbecompleteandaccurateandthatyouareincompliancewithany relevantdataprotectionlawsinfurnishingittous,andagreethatwemayrelyuponandprocesssuch i nformation whenprovidingyouServices.Inaddition,yourepresentandwarrantthatallofYourInformationisownedorlicensed byyou,anddoesnotinfringeontheintellectualpropertyrightsofanythirdparty.IfanyofYourInformationis inaccurate,wewillnotbeliableforanyperformanceorallegednon-performanceofServices.Youagreethatwemay shareYourInformation(totheextentpermittedbyapplicablelawsandcontractualobligations)withotherUL Companies,agents,subcontractorsorthirdparties,inorderforusto:(i)performtheServices;(ii) conductsurveysfor inputaboutusandourServicesortheimprovementofourServices;(iii)provideadditionalinformationaboutour Servicestoyou;or(iv)actintheinterestofpublicsafety. 5.ConfidentialInformation.EachPartyacknowledgesthatinconnectionwiththeServicesitmayhaveaccesstoor otherwisereceiveorobserveconfidentialorproprietaryinformationormaterialsoftheotherParty("Confidential 28 Page1 of 5 GSA6000527706 12/07/2016 Information").ConfidentialInformationincludes:(a)businessandmarketingplansandfinancialinformation;(b)plans, designs,sketches,andprototypesforproductsandservices;(c)engineeringandtechnicalinformationsuchas software,testprocessesandmethodologies,data,andtestequipmentandfixtures;(d)tradesecrets;and(e) informationconcerningthedisclosingParty'scustomers,businesspartners,oraffiliatesandtheirproductsorservices. ConfidentialInformation,however,doesnotincludeinformationormaterialsthatare:(i) alreadyknowntothe receivingPartyatthetimeofdisclosure;(ii) publiclyavailableorthatbecomepubliclyavailableotherthanthroughthe actsoromissionsofthereceivingParty;or(iii) subsequentlyacquiredbythereceivingPartyfromothersourcesnotin violationofanyconfidentialityobligations.EachPartyagreesthatitwillnot,inwholeorinpart,disclose,transfer,use, reverseengineer,orotherwisemakeavailablethedisclosingParty'sConfidentialInformation,exceptasnecessaryby theULCompaniesortheirsubcontractorstoperformtheServices.EachPartyagreestotreatallConfidential InformationofthedisclosingPartywiththesamedegreeofcareitemploystoprotectitsownConfidentialInformation andinnoeventlessthanareasonablestandardofcare.WemaydiscloseyourConfidentialInformation:(i)toother UL Companies,agents,subcontractorsorotherthirdpartiesinconnectionwithperformingtheServices;(ii)when deemedinourdiscretiontobeintheinterestofpublicsafety;(iii) whenrequiredtobeproducedpursuanttoanorder orcommandofanyjudicial,regulatory,oraccreditationauthority;or(iv) whenrequiredbyanycommonlawor statutoryduty.EachPartyagreesatitsexpensetoreturnordestroy,asinstructedbythedisclosingParty,all ConfidentialInformationuponrequestfromthedisclosingParty,exceptthatonecopymayberetainedsolelyfor recordkeepingoraccreditationpurposes.EachdisclosingPartyretainsexclusiveownershipofallright,titleand interestinitsConfidentialInformation. 6.Samples.IfServicesrequiresampleexamination,youwillshiprepresentativesamplestousatyourexpense.Upon completionoftheexamination,suchsamplesmaybedestroyed,unlessotherarrangementsareagreedtoinwriting forthereturnofsamplesatyourexpense.Theshipping,testingandsamplepreparationmaydamageordestroyany sampleandyouagreethatyouwillnotholdanyUL Companyliableforanysuchdamageordestruction. 7.Subcontracting.YouagreethatwemaysubcontractServicestoanyUL Companyorotherthirdpartiessubjectto ourrequirements.Wewillprovideasatermofanysuchsubcontractthatthesubcontractorwillmeetourcurrent qualificationrequirements,includingcomplyingwithourconfidentialityrequirements.ULwillberesponsibleforany breachofthisGSAbyitssubcontractors. 8.ULNameorMarks.OneormoreoftheUL Companiesowntherightstoafamilyoftrademarks,servicemarks, certificationmarks,tradenames,logos,domainnames,corporateidentifiersandotherintellectualpropertyrightsthat containorinclude"UL,""UnderwritersLaboratories"andvariationsandderivativesthereof(collectively,the"Marks"). ExceptforyourrightsasspecificallygrantedinaServiceAgreementtousetheMarks,youhavenorightsinthe Marks.YouwillcooperatewiththeUL Companiesinmaintaining,renewing,enforcing,andprotectingtheMarks. YouwillnotdirectlyorindirectlychallengetheMarksortheUL Companies'ownershipofthem.Youwillnotseekto registeranyoftheMarks,oranyconfusinglysimilarmarks,anywhereintheworld.Youagreetonotifyuspromptlyif youareawareofanyinfringementormisuseinvolvinganyoftheMarksoranyconflictingtrademark,servicemark,or certificationmark.YouagreethatanymisuseoftheMarks,orotherUL Companies'intellectualproperty,willcause irreparableharmthatcannotbecompensatedbymoneyonly.AServiceAgreementmayincludeadditionalobligations regardingtheMarks. 9.ExportControl.Yourepresentandwarrantthatyou:(i) willnotcauseanyUL Companytoviolateanyexport,trade orothereconomicsanctionlaw;(ii) willpromptlyadviseusifaprojectinvolvestechnologythatissubjecttoany governmentcontrols,including,withoutlimitation,U.S.exportcontrols,andwillpromptlysupplyallinformationneeded tocomplywiththosecontrols;and(iii) willmakepaymenttousforServicesrenderedunderaServiceAgreementwith fundsobtainedandthroughfinancialinstitutionsandaccountsincompliancewithapplicablelawsconcerningthe preventionofmoneylaundering,terroristfinancingandotherillicitactivities,including,withoutlimitation,those enforcedbytheUnitedStates. 10.ClientRemedies.WewillprovideServicesinaccordancewithprofessionalstandardsofconductgenerally applicabletoconformityassessmentorganizationsandwewillnothaveanyresponsibilityotherthantoexercise reasonableskill,careanddiligenceintheperformanceofServices.IntheeventatribunaldescribedinSection 19 determinesthatwehavefailedtocomplywithsuchstandardsofconductinprovidingServicesandthatsuchfailure directlycausedyouharm,wewillcompensateyouforsuchdirectharm,PROVIDED,HOWEVER,thattheamountof suchcompensationwillnotexceedthefeespaidbyyoutousforthespecificportionoftheServicesrenderedthat directlycausedyouharm,andthat,undernocircumstanceswillwebeliabletoyouforanyincidental,consequential, orpunitivedamages.EXCEPTASOTHERWISEPROVIDEDINTHISSECTION 10,WEMAKENOOTHER REPRESENTATIONORWARRANTYOFANYKIND,WHETHEREXPRESSORIMPLIED,WITHRESPECTTO THESERVICES,INCLUDING,BUTNOTLIMITEDTO,ANY"IMPLIEDWARRANTYOFMERCHANTABILITY"OR" FITNESSFORAPARTICULARPURPOSE."ForthepurposesofthisSection10andSections 11,12and19,the term"Services"alsoincludestheconception,development,promulgation,review,publication,modification, withdrawal,interpretation,use,orapplicationofanytestingstandardorrequirementatanytimebyanyUL Company. 29 Page2 of 5 GSA6000527706 12/07/2016 Anylimitationsandexclusionsofliabilityshallapplytothefullestextentpermittedbylaw. 11.THIRDPARTYCLAIMS.YOUAGREETOINDEMNIFYANDHOLDHARMLESSTHEULCOMPANIESANDTHEIR TRUSTEES,DIRECTORS,OFFICERS,EMPLOYEES,MEMBERS,AFFILIATES,AGENTSAND SUBCONTRACTORS(EACHAN"INDEMNIFIEDPARTY")FROMALLLOSSESANDEXPENSES(INCLUDING REASONABLEATTORNEYS'FEES)ARISINGOUTOF,ORRELATEDTO,CLAIMSASSERTEDBYTHIRD PARTIESTHATRELATETOTHEDESIGN,TESTINGORDATAPROVIDEDBYYOU,ORTHEMANUFACTURE, MARKETING,ORSALEOFYOURPRODUCTSORSERVICES(INCLUDINGYOURUSEOFANYOFTHE MARKS),ORTHATRELATETOTHESERVICES,UNLESSCAUSEDBYANINDEMNIFIEDPARTY'SSOLE NEGLIGENCE.IFANINDEMNIFIEDPARTYBECOMESSUBJECTTOATHIRDPARTYCLAIM,ITMAYDEFEND ITSELFATYOUREXPENSEWITHCOUNSELOFITSOWNCHOOSING. 12.RELEASEANDWAIVER.TOTHEEXTENTPERMITTEDBYLAW,YOUWAIVEANDRELEASEALLOFTHE UL COMPANIESANDTHEIRTRUSTEES,DIRECTORS,OFFICERS,EMPLOYEES,MEMBERS,AFFILIATES, AGENTSANDSUBCONTRACTORSFROMALLLIABILITY,CLAIMS,DEMANDS,ACTIONS,ORCAUSESOF ACTIONFORANYALLEGEDLOSS,DAMAGE,ORINJURY,OTHERTHANACLAIMFORCOMPENSATION FROMUSPURSUANTTOSECTION 10.THISRELEASEANDWAIVERCOVERSALLCLAIMSARISINGINTORT ASWELLASTHOSEARISINGUNDERANYSTATEORFEDERALSTATUTE,THATINANYWAYARISEOUTOF, ORRELATETO,THESERVICESORPERFORMANCEORALLEGEDNON-PERFORMANCEUNDERANY SERVICEAGREEMENT. 13.OurFunctions.Youacknowledgeandagreethatwearenotadesigner,manufacturer,marketer,seller,endorser, guarantor,orinsurerofyourproductsorsystemsofanykind.ByprovidingtheServiceswearenotassumingandwe disclaimanyobligation,includinganydutyofcaretowardyouoranythirdpartyrelatedtothedesign,testingby entitiesotherthanaUL Company,orthemanufacture,marketing,orsaleofanyproduct(s)orsystem(s)thatyou submittousforServices.Youagreethat:(a) ourprovisionofServicesisnotintendedtosupplantyourexamination andtestingofsuchproduct(s)orsystem(s);(b) byourperformanceofServices,wearenotassuminganydutythat youhavetoexamineortestthedesignofsuchproduct(s)orsystem(s),eitherbeforeoraftermanufactureorsale; (c)wearenotendorsing,orwarrantingthesafetyorperformanceofsuchproduct(s)orsystem(s);and(d) in renderingServices,wearenotsupplying,informationforyourguidanceandconductofyourbusiness. 14.OurDocumentation.Weretainallownership,rights,title,andinterest,inandtoanyreports,procedures,data, calculations,notes,orothermaterialsinanyformconceived,prepared,orgeneratedororiginatedbyany UL Company("ULDocumentation").YouareprohibitedfromdistributinganyULDocumentationbywayofany medium,paperorelectronic,tothirdpartieswithoutourpriorwrittenconsent.Notwithstandingtheforegoing,youmay distributeULreportsintheirentiretyinternallyandtoregulatoryauthoritiesifrequiredtodoso.Allsuchreportsmust containthefollowinglegend:"ULLLCauthorizestheabovenamedcompanytoreproducethisReportprovideditisin itsentirety." 15.Assignment.YoucannotassignanyofyourrightsorobligationsunderaServiceAgreementtoanyotherperson withoutourwrittenconsent.Wemay,uponpriornoticetoyou,assignaServiceAgreementoranyofourrightsor obligationsunderaServiceAgreementtoanyotherUL Company. 16.Termination.ExceptasotherwisespecificallyprovidedintheServiceTerms,aServiceAgreementwillcontinueuntil terminatedbyeitherPartyuponthirty (30)days'priorwrittennoticetotheotherParty.Intheeventofyourmaterial breachofanyServiceAgreementwithusoranyotherUL Company,wemayimmediatelyterminateanyorallService Agreements.Yourfailureorinabilitytopayyourdebtsandobligationsinthenormalcourseofbusinessaswellas anyfilingofapetitioninbankruptcyoranysimilarfilingforprotectionfromcreditorswillbeamaterialbreachbyyouof allServiceAgreements.UponnoticeofterminationofaServiceAgreement,wewilltakeimmediatestepstobringthe Servicestoacloseinapromptmanner.Upontermination,weareentitledtoreimbursementinfullforallServices providedandanyothersumsduepursuanttotheServiceAgreementuptotheeffectivedateoftermination,including anyotherdirectcostsandexpensesincurredbyusinconnectionwiththetermination. 17.ThirdPartyBeneficiaries.AllotherUL Companies,includingUL LLC,areintendedthirdpartybeneficiariesofeach oftheServiceAgreementsforpurposesofenforcingallprovisionsoftheServiceAgreements,otherthanthose provisionsthatcreaterightstoreceiveincomerelatedtotheServices.Exceptasprovidedabove,eachPartyintends thatnoprovisionofaServiceAgreementwillinanywaybenefitanyotherthirdpartyoraccordanythirdpartyany rightsorremedies. 18.WaiverorModification.AnyfailurebyaPartytoinsistupontheperformanceofanyprovisionofaService Agreementwillnotconstituteawaiverofanyrightsorawaiverofanyrighttofutureperformanceofthatprovision. ForanywaiverormodificationofanyprovisionofaServiceAgreementtobeeffective,itmustbesetforthinawriting executedbybothParties'authorizedagents. 30 Page3 of 5 GSA6000527706 12/07/2016 19.DisputeResolution.Anydisputeordisagreement,otherthannonpaymentoffees,relatingtothisGSA,anyService AgreemententeredintopursuanttothisGSA,oranyServicesprovidedunderanysuchServiceAgreement,willbe settledbyconfidential,bindingarbitrationadministeredbytheInternationalCentreforDisputeResolutionofthe AmericanArbitrationAssociation("AAA")pursuanttotheAAA CommercialArbitrationRulesandtheProceduresfor Large,ComplexCommercialDisputes.ThearbitrationvenuewillbeChicago,Illinois,exceptif:(i) yourprincipalplace ofbusinessisinEurope,thevenuewillbeLondon,UK;and(ii) yourprincipalplaceofbusinessisinAsia,Australiaor NewZealand,thevenuewillbeSingapore,RepublicofSingapore.Thearbitrationwillbeconductedbeforeapanelof three (3)arbitrators.Eacharbitratorwillbeanindividualwithsubstantialcommercialtransactionalexperienceofat leastfifteen (15)yearsinacorporateorjudiciallegalsetting.Thearbitrationpanelwillbeselectedasfollows:the Partieswillrequestalistoften (10)arbitratorsdrawnfromtheAAA's panelofcommercialarbitrators(whoare experiencedinandfamiliarwiththeAAA's ProceduresforLarge,ComplexCommercialDisputes).Fromthislist,both Partieswilleachchooseonearbitrator.Aftertheyhavebeennotifiedoftheirpanelselection,thetwo (2)arbitrators willagreeonathirdarbitratorfromthelistoften (10),whowillbethechairofthepanel,andthepanelwillbefinal. Thedecisionofthemajorityofthearbitratorswillbethepanel'sdecision.Thearbitratorswillnothavetheauthorityto add,change,ordisregardanytermofthisGSAoranyServiceAgreemententeredintopursuanttothisGSA,award incidental,consequential,orpunitivedamages(including,butnotlimitedto,lossofuse,unjustenrichment,and/orlost profits),orexceedtheremediesprovidedbySection 10above,orthelimitationofliabilityandreleaseandwaiver describedinSections 10and12above.Thepanel'sdecisionwillbebindingandjudgmentonthearbitrationaward maybeenteredbyacourtofcompetentjurisdiction.Arbitrationwillbethefinalremedyforanydisputebetweenthe PartiesarisingoutofthisGSAoranyServiceAgreemententeredintopursuanttothisGSA,provided,however,that nothinghereinshallpreventanyPartyfromseekingacourtorderforinjunctiverelief(inadditiontootherremedies)to stoporpreventmisuseormisappropriationofitsMarks,confidentialorproprietaryinformation,orinfringementofits intellectualproperty,inacourtoflaw.AllarbitrationsshallbeconductedinEnglish. 20.Notice.Anynoticetoyoumustbemadebyhanddelivery,courierservice,mail,electronicmailorfacsimileatyour principalplaceofbusiness.AnynoticetousoranyotherUL Companymustbemadebyhanddelivery,courier service,electronicmail,U.S.mailorfacsimilec/oUL LLC,Attention:GeneralCounsel,333 PfingstenRoad, Northbrook,Illinois,60062,U.S.A.Noticeswillbeeffectiveuponreceipt. 21.Severability.IfanyprovisionofaServiceAgreementisheldinvalid,void,orunenforceable,theremainderofthe ServiceAgreementwillnotbeaffected,andeachremainingprovisionoftheServiceAgreementwillbevalidand enforcedtothefullextentpermittedbylaw. 22.GoverningLaw/Jurisdiction.ThisGSA,anyServiceAgreemententeredintopursuanttothisGSAandany ServicesprovidedunderanysuchServiceAgreementwillbegovernedbythelawsoftheStateofIllinois,United StatesofAmerica,withoutreferencetoitschoiceoflawprinciples.Youacknowledgethatyoumaybepurchasing ServicesfromUL ContractingPartieslocatedbothinsideandoutsideofyourhomecountry,thatUL Companiesin othercountriesarethirdpartybeneficiariesofmanyofyouragreements,andthatweandyouhaveasharedinterest inasingleuniformgoverninglawforallServiceAgreementsinordertoachievegreaterpredictabilityinour relationships. 23.Insurance.Wereservetherighttorequireyoutoproduceevidencethatyoumaintainsatisfactoryinsurance coverageforthepurposeofmeetinganythirdpartyliability. 24.SurvivalofTerms.TheprovisionsinaServiceAgreementthatbytheirnatureprescribecontinuingrightsand obligationsshallsurvivetheterminationoftheServiceAgreement,includingthefollowingprovisionsofthisGSA: Sections3 (Scheduling,PricingandPaymentTerms);4 (YourInformation);5 (ConfidentialInformation);8(ULName orMarks,includingprovisionsinanyServiceTermsthatrelatetotheMarks;);10 (ClientRemedies);11 (ThirdParty Claims);12 (ReleaseandWaiver);14 (OurDocumentation);17 (ThirdPartyBeneficiaries);18 (Waiveror Modification);19 (DisputeResolution);and22 (GoverningLaw/Jurisdiction). 25.EnglishLanguage.AlldocumentationrelatingtoaServiceAgreementwillbeinEnglish.Anytranslationsofa ServiceAgreementprovidedtoyouareforyourconvenienceonlyand,inallcases,theEnglishversionwillgovern. 26.CompleteAgreement.UnlessotherwiseprovidedinSection 27ofthisGSA,eachServiceAgreementwillconstitute thecompleteandfullyintegratedunderstandingbetweenthePartieswithrespecttoourperformanceofServices. TheapplicableServiceTermstakeprecedenceoveranyconflictingprovisionsinaQuotation,ProjectConfirmationor thisGSA.Undernocircumstanceswillanypreprinted,additional,ordifferenttermsorconditionsonyourrequestsfor Quotation,purchaseorders,invoices,salesormarketingmaterials,orotherbusinessdocumentsapplyto any Services,modifyanyServiceAgreementorbindus. 27.EffectonPriorAgreements."PriorAgreements"meansagreementstoprovideServicestoyoueffectivepriorto January1,2012with:(i) UnderwritersLaboratoriesInc.otherthanresearchpursuanttogovernmentandothergrants, 31 Page4 of 5 GSA6000527706 12/07/2016 developmentanddistributionofsafetystandards(eitherdirectlyorthroughanagent),educationofthepublicon safetyissues,distributionofgrantstootherorganizations,advocacyforconsumerprotectionandsuchactivities relatedtosuchactivities;(ii) ULdeArgentinaS.r.l.performedunderaGlobalServiceAgreement;(iii) Underwriters LaboratoriesofCanadaInc.;(iv) ULInternationalServicesB.V.;(v) ULIndiaPvt.Ltd.;or(vi) ULdoBrasilLtda. a.Except as provided in subparagraph (b) below, your Prior Agreements are terminated as of the Effective Date. For any Follow-Up Services that you are currently receiving, your execution of this GSA creates new separate ServiceAgreement(s) for Follow-Up Services with the applicable UL Contracting Party based on your Manufacturing Location. If your Manufacturing Location for a Covered Product is in: (i) one of the fifty states of the United States or the District of Columbia, your applicable UL Contracting Party will be UL LLC; (ii) Argentina, your UL Contracting Party will be UL de Argentina S.r.l.; (iii) Brazil, your UL Contracting Party will be UL do Brasil Ltda.; (iv) Canada, your UL Contracting Party will be Underwriters Laboratories of Canada Inc.; (v) India, your UL Contracting Party will be UL India Pvt. Ltd.; or (vi) anywhere else, your UL Contracting Party will be UL AG. More than one separate Service Agreement for Follow-Up Services may be formed. Each such separate Service Agreementfor Follow-Up Services will be effective on the Effective Date and incorporates the terms of this GSA and the Follow-Up Service Terms. The terms "Manufacturing Location" and "Covered Product" are defined in the Follow-Up Service Terms. b.Any services, except Follow-Up Services, that you previously ordered but that have not been completed (work-in-process) as of the Effective Date will continue to be governed by your Prior Agreements and any existing Quotation or Project Confirmation. c.Agreements with Underwriters Laboratories Inc. for research pursuant to government and other grants, development of standards for testing for public safety and advocacy for consumer protection and with UL de Argentina S.r.l. for services performed under an agreement other than a Global Services Agreement will remain in effect. 28.AdditionalUL ContractingParties.AnyUL Company,whethercurrentlyinexistenceorformedatalaterdate, whichisnotapartytothisGSAmayenterintoaGSAwithyouintheformofthisGSAbyagreeinginwritingtoaccept thetermsofthisGSAandsubmittingsuchsignedagreementtous. 29.ElectronicSignature.ThisGSAandServiceAgreementsmaybeexecutedanddeliveredbyfacsimile,PDForby meansofotherelectronicsignatureandsuchfacsimile.PDForotherelectronicsignatureswillbedeemedtobevalid andoriginal. 30.ForceMajeure.NeitherPartyshallbeliableforanyfailureordelayintheperformanceofitsobligationsduetofire, flood,earthquake,elementsofnature,actsofGod,actsofwar,terrorism,riots,civildisorder,rebellions,orother similarcausebeyondthereasonablecontrolofthePartyaffected,providedthatsuchdefaultordelaycouldnothave beenpreventedbyreasonableprecautionsandcannotreasonablybecircumvented,and,providedfurther,thatthe PartyhinderedordelayedimmediatelynotifiestheotherPartydescribingthecircumstancescausingthedelay.This provisionshallnotacttodelayordeferthepaymentofanysumswhichmaybedueandowing. YOUAGREETOTHETERMSOFTHISGSAANDWARRANTTHATYOUHAVEMADENOALTERATIONSTOITSTEXT, UNLESSSETFORTHSEPARATELYINANADDENDUMTHATHASBEENEXECUTEDBYUS.YOUREPRESENTAND WARRANTTHATTHEUNDERSIGNEDISAUTHORIZEDTOEXECUTETHISGSAONBEHALFOFTHECLIENTNAMEDBELOW. UL Contracting Parties City of Seward Fire Department (Client's Full Legal Name) By:By: Signature of Authorized Representative of Client Sajeev Jesudas Name:Name: Signature of Authorized Representative of all UL Contracting Parties Title:Title: 32 Page5 of 5 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KNIK CONSTRUCTIONFOR ADDITIONAL ROAD IMPROVEMENTS AND PAVING UTILIZING THE 2017 ROAD BONDS TO FINANCE THE PLANNING, DESIGN AND CONSTRUCTION OF THE ROAD IMPROVEMENT PROJECTSIN THE AMOUNT OF $3,000,000, AND APPROPRIATING FUNDS WHEREAS,there is a substantial and immediate need for repair and repaving many streets within the City;and WHEREAS,On October 4, 2016 the citizens of Seward voted in favor of the issuance of general obligation bonds in a principle amount not to exceed $3,000,000 to finance capital improvements to roads in the City; and WHEREAS, the City Council authorized those bonds in Resolution 2017-003, January 9, 2017; and WHEREAS, the City has created a road paving priority map and road paving plan; and WHEREAS, the State of Alaska is currently administering a road paving contract in Seward as a condition of a federal grant with contractor Knik Construction; and WHEREAS, Knik Construction was awarded the repaving contract in acompetitivebidding process through the above-referenced State of Alaska paving contract;and WHEREAS, the City has an opportunity to realize substantial savings through the economies of scale, time and location by also utilizing Knik Construction to repave, improve and upgrade roads not scheduled, utilizing the State contract; WHEREAS, Seward City Code 6.10.120(B) allows the City to utilize competitive bids by other governmental units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKAthat: Section 1.The City Manager is hereby authorized to enter into a contract with Knik Construction for a total sum not to exceed $3,000,000 according to the 2017 Seward priority map for necessary road improvements to be performed this year utilizing the pricing and specifications of the State road contract while Knik Construction is present in Seward with its equipment, personnel, and 33 CITY OF SEWARD, ALASKA RESOLUTION 2017-034 ___________________________ supplies. Section 2.It is in the public interest to authorize competitive bids obtained by the State of Alaska, as authorized in Seward City Code 6.10.120(b). Section 3.Funding in anamount not-to-exceed $3,000,000 is hereby appropriated as follows: 1) $2,962,858.18 from bond proceeds account no. 80020-0000-3400; and 2) $37,141.82 from the General Fund undesignated reserves account no. 01000-0000-3710-0000-80020, to infrastructure account number 80020-1310-8101. Section 4. This resolution shall take effect immediately upon approval. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 12 dayof June 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 34 35 36 CONSTRUCTION AGREEMENT AGREEMENT 1.DEFINITIONS 37 2.SCOPE OF WORK 3.DATE OF COMMENCEMENT AND COMPLETION 4.COMPENSATION OF CONTRACTOR 38 39 5.ADMINISTRATION OF THE AGREEMENT 6.PERFORMANCE OF THE WORK 40 et seq 41 7.CHANGES IN THE WORK 42 8.DISPUTES 9.RIGHTS AND REMEDIES 43 10.INSURANCE AND INDEMNIFICATION 44 45 11.MISCELLANEOUS 46 47 48 49 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING REPLACEMENT OF THE ROOF OF THE SEWARD ANIMAL SHELTER, IN AN AMOUNT NOT TO EXCEED $6,851.00, AND APPROPRIATING FUNDS WHEREAS,there has been expressed interest by various parties to relocateandbuild a new Seward Animal Shelter which would lead the City to minimize resources directed at shelter improvements at the existing shelter location;and WHEREAS, the City has received requests for improvement to the current animal shelter to ensure the safety and well-being of employees, citizens, and animals until a long-term solution can be found; and WHEREAS,the City Council approved appropriations from the General Fund in the amount of $20,000.00 in Resolution 2017-10 passed on February 13, 2017, for improvements to the animal shelter; and WHEREAS,during the repair process to the animal shelter it was discovered that roof repairs would not be sufficient, and that the shelter would instead need a new roof; and WHEREAS, the City has received a bid to replace the roof at a cost of $6,851.00, which is in addition to the costs previously approved by Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to expend up to $6,851.00 for a new roof for the Seward Animal Shelter. Section 2.Funding in the amount of $6,851.00 is hereby appropriated from the Capital Acquisition Fund undesignated reserves account no. 80010-0000-3400 to the buildings account no. 80010-1212-8102. Section 3. This resolution shall take effect immediately upon adoption. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 12day of June, 2017. 50 CITY OF SEWARD, ALASKA RESOLUTION 2017-035 ___________________________ THE CITY OF SEWARD, ALASKA _______________________________ Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 51 52 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page L TO ORDER CAL The May 22, 2017 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY olice Chief Tom Clemonsled the Pledge of Allegiance to the flag. P LL CALL RO There werepresent: Jean Bardarson presiding and Marianna KeilRistine Casagranda Dave Squires Sue McClure Deborah Altermatt Erik Slater comprising a quorum of the Council; and Ron Long, Acting City Manager Brenda Ballou, Acting City Clerk Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Linda Lasotathanked council for presenting the Historic Preservation Award tonight, and said it was Historic Preservation Month. On behalf of the Resurrection Bay Historical Society (RBHS), she announced that the new city flags were for sale in the museum gift shop at cost. Doug Caprathanked council for considering the resolution on Rockwell Kenttonight, and followed with a brief history about Rockwell Kent. Edgar Blatchfordannounced he had sold the Seward Phoenix Log newspaper, and introduced Tommy Wells as the new owner. Annette Shacklett had previously been theeditor and had done a wonderful job. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil added Resolution 2017-029 and Resolution 2017-030 to the consent agenda. 53 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page Casagranda added an item to Other New Business to schedule a work session to discuss housing. Casagranda removed scheduling a work session to discuss audit results from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2017-029 , Adopting Recommendations From The Port And Commerce Advisory Board For Development Of The South Harbor Uplands. th Resolution 2017-030, Supporting The Efforts To Help Celebrate The 100Anniversary Of The Publication Of Wilderness By Artist Rockwell Kent Who Painted Resurrection Bay And What Later Became Kenai Fjords National Park During 1918-1919.(Casagranda, Slater) Approval of the May 8, 2017 Regular City Council Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Older Americans Month. Recognizing Bill Williamson and his many years of service on the Seward Bear Creek Flood Service Area Board. 2017 Historic Preservation Award to Jacquelin Pels. Chamber of Commerce Report. Cindy Clockintroduced chamber board member Von Terry.She thanked Shelly Shank and Elle Zernia for the work they did organizing the Mermaid Festival.Clock reported that the Military Appreciation Picnic was a greatsuccess; theyserved 450 hot dogs. The Xtra Puffsmural was unveiled on Saturdayon the north end of the Harbor 360 Hotel. The kick-off party for the Halibut Tournament would be May 31, 2017at 5:30 p.m. at the Derby Booth. The Combat Fishing Tournament would be May 25, 2017. City ManagerReport. Ron Longreported there had been one purchase order between $10,000 and $50,000 approved by the city manager since the last council meeting in the amount of $10,780 to White Spruce Trailer Sales for a 20-foot equipment trailer. The Mermaid Festival was a huge success. The launch last week of SAK Town Talk on Seward public radio 91.7FMkicked off last week and was being well received. McClure requested an update on the boardwalk repairs. Long said he would have something nextweek. 54 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page In response toSquires, Long said administration had asked staff to come up with a plan to move the handicap parking space at the east corner of Fifth Avenueand AdamsStreet down so that it was more easily accessible. In response to Keil, Public Works Director Doug Schoesslersaid Knik Construction would beholding anopen house public meeting at the library on Wednesday, May 24, 2017. Knik had already started preparationsfor the road paving project. In response to Bardarson, Schoessler said there would be a large updated map at the open house, and he would also provide a small hand-held version of the map for council. Other Reports, Announcements and Presentations – None PUBLIC HEARINGS Ordinance 2017-002 , Amending Portions Of Seward City Code §15.10.220 Development Requirements Table –Notes; To Extend The Maximum 26 Foot Building Height Area To Include The South Harbor Uplands, Tract H, Waterfront Park Replat. Motion (Keil/Casagranda) Enact Ordinance 2017-002 Long said the ground of the South Harbor Uplands(SHU) was approximately 6-8 feet higher than the harbor boardwalk area, so the buildingserected on the SHU would be a maximum height of 26 feet, but may appear higher than the boardwalk buildings. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion Passed Unanimous Resolution 2017-028, Adopting And Recommending The Kenai Peninsula Borough Approve Volumes I And II Of The Seward 2030 Comprehensive Plan To Include The Land Use Plan Map.(Clerk’s Note: second of two public hearings, intended to come for public hearing and adoption tonight) - REVISED Motion (Keil/Squires) Approve Resolution 2017-028 *The main resolution was originally made by Keil and seconded by Squires at the May 8, 2017 meeting. Long said there had been some clerical items that had been corrected from the original version. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. John Frenchreferenced comments he provided as a laydown, most of which were corrections to terminology. 55 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page Carol Griswoldsaid although everyoneappreciated how beautiful our community was,there was an environmental stewardship sectionmissing from the Comprehensive Plan. She provided a laydown and thought including this language would be an appropriate addition to the plan. No one else appeared to address the Council and the public hearing was closed. Council suspended the rules to continue the conversation with Carol Griswold.In response to Squires, Griswold suggested adding the language she provided to Volume I. Council went back on the rules. Council directed administrationto incorporate the environmental stewardship language, as appropriate. Motion To Amend (Squires/Casagranda) Amend Resolution 2017-028 by adding a new bullet point to Section 3.1.1.7, “Support the construction of a new annex fire station in the Forest Acres subdivision.” Motion To Amend Failed Yes: Squires, Casagranda No: McClure, Keil, Slater, Altermatt, Bardarson Motion To Amend (Casagranda/Keil) Amend Resolution 2017-028 in the first bullet point of Section 3.1.1.6 by striking the words, “expand the Institute of Marine Science (IMS) facility” and replacing it with, “enhance research and instructional activities in Seward.” Motion To Amend Passed Unanimous Motion To Amend (Squires/Keil) Amend Resolution 2017-028 by adding a new Bullet point to Section 2.2.11, “Support expansion course and degree offerings in Seward by the University of Alaska through either UAF-CFOS or UAA-KPC.” Motion To Amend Passed Unanimous Motion To Amend (Casagranda/McClure)Amend Resolution 2017-028 in the second sentence of the first paragraph of Section 1.2so it reads, “…and intermittent coal shipments to various locations, primarily Korea.” Motion To Amend Passed Unanimous 56 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page Motion To Amend (Casagranda/Slater) Amend Resolution 2017-028by adding a new bullet point in Section 2.2.10, “Enable a more viable property use at the site of the existing Public Works facility by encouraging the relocation of the Public Works facility.” Motion To Amend Passed Unanimous Motion To Amend (Casagranda/Squires) Amend Resolution 2017-028 by adding a new Bullet point in Section 3.1.1.4, “Support and encourage the growth of small business.” Motion To Amend Passed Unanimous Motion To Amend (Casagranda/Keil) Amend Resolution 2017-028 by changing the title of Section 3.1.1.4 to read, “Support private sector business, employment, and programs.” Motion To Amend Passed Unanimous Motion To Amend (Casagranda) Amend Resolution 2017-028 in Section 3.2.1.1 in the fourth bullet point by adding the words, “and encourage development” to the end of the sentence. Motion to Amend died for lack of second. Motion to Postpone (Keil/Casagranda) Postpone Resolution 2017-028 to the Special Meeting on May 30, 2017 at 5:00 p.m. Motion to Postpone Passed Unanimous UNFINISHED BUSINESS –None NEW BUSINESS Resolution 2017-031, Authorizing The City Manager To Purchase A Replacement Boom Mower-Loader Attachment From Craig Taylor Equipment, In The Amount Of $67,175.00, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2017-031 57 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page Long said the current mower machine was 20-plus years old. The attachment proposed in this resolution had the advantage of attaching to a bucket loader, and allowed the operator to mow the road sides. In response to Squires, Schoessler said the city’s current mower was an attachment to the grader, and had been broken for the last two years. Motion Passed Unanimous Other New Business Items Schedule a Work Session for June 26 2017 at 5:00 p.m. to review 2016 audit results. Schedule a Work Session for June 12, 2017 at 5:00 p.m. to discuss housing. Schedule a Special Meeting on May 30, 2017 at 5:00 p.m. INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List. City of Seward and Providence Seward Medical and Care Center Financial Reports for March 2017. th Invitation to City of Obihiro to celebrate 50Anniversary of the Seward-Obihiro Sister City Friendship in 2018. Memorandum from City Clerk on May 8, 2017 Work Session regarding Executive Session procedures. Memoriam Proclamation for former Mayor and City Council Member Don Cripps. COUNCIL COMMENTS Casagrandasaw the parade today for the high school seniorsand thought it was fun.She thanked everyone for attending the housing work sessionearlier this evening.She said the Mermaid Festival was a great hit. Altermattsaid the Mermaid Festival was fabulous and put a new twist on Harbor Opening weekend.She thanked the Seward Ministerial Foundation for blessing the Mariners Memorial and a small 6-boat Blessing of the Fleet. She thanked all the mariners in Seward and elsewhere. Slaterechoed the Mermaid Festival successcomments.He congratulated Jackie Pels on her award and thanked her for coming. Keil congratulated graduating seniors and wished them the fulfillment of their dreams. 58 City of Seward, AlaskaCity Council Minutes May 22, 2017 Volume 40, Page Squires announced he would not be here for the June 12, 2017 meeting, and may possibly not return in time for the June 26, 2017 meeting either.He welcomed Tommy Wells to the community, and thanked the public for coming tonight. He thanked John French for his Comprehensive Plan comments. McCluresaid the second grader visit to City Hall on May 11, 2017was fun. Graduation would be tomorrow night,and tonight was the scholarship awards night. She congratulated Bill Williamson and thanked him for his service. She encouraged communityresidents to round out the SBCFSAB;there were two seats were open. The final assembly budget hearing would be June 6, 2017. Bardarsonreiterated there were two open seats on SBCFSAB, and four on the Historic Preservation Commission.She thanked the volunteers for Super Saturday Clean Up and the Terry’s Tires Bike Rodeo. She thought the Mermaid Festival was well organized. Bardarson thanked the public for coming to the housing work sessiontonight, and congratulatedthe Seward High School seniors. Long thanked Bill Williamson for his service, and encouragedpeople to sign up for vacancies. CITIZEN COMMENTS Doug Schoesslersaid the housing work session was well attendedtonight, and suggested council move to a larger venue for the next one. Carol Griswoldappreciated council’s consideration for her suggestions to the Comprehensive Plan.She thanked all three news outlets for attendingthe work session and meeting tonight. COUNCIL AND ADMINISTRATION Bardarsonalso appreciated the news coverage. ADJOURNMENT The meeting was adjourned at 9:02 p.m. ____________________________________ ____________________________________ Brenda Ballou,MMC Jean Bardarson Acting City Clerk Mayor (City Seal) 59 City of Seward, AlaskaCity Council Special Meeting Minutes May 30,2017 Volume 40, Page L TO ORDER CAL The May 30, 2017 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Jean Bardarson OPENING CEREMONY ssistantCity ManagerRon Long led the Pledge of Allegiance to the flag. A LL CALL RO There were present: Jean Bardarson presiding and Marianna KeilSue McClure Deborah Altermatt comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent – Casagranda, Slater, Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING–None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/McClure) Approval of Agenda and Consent Agenda Motion Passed Unanimous PUBLIC HEARING Resolution 2017-028, Adopting And Recommending The Kenai Peninsula Borough Approve Volumes I And II Of The Seward 2030 Comprehensive Plan To Include The Land Use Plan Map.(Clerk’s Note: third of threepublic hearings, intended to come for public hearing and adoption tonight) - REVISED Motion (Keil/Squires)Approve Resolution 2017-028 *The main resolution was originally made by Keil and seconded by Squires at the May 8, 2017 meeting. Long said the changes proposed fromthe last meeting were now incorporated into the draft Comprehensive Plan as proposed in the meeting’s agenda packet. 60 City of Seward, AlaskaCity Council Special Meeting Minutes May 30,2017 Volume 40, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Keil/McClure) Amend Resolution 2017-028 by inserting the word “Future” in front of the term thth “Land Use Map” in the title, 7 and 9 Whereas’, and Section 1. Motion to Amend Passed Unanimous Motion (Keil/McClure) Adopt the versions of the Seward 2030 Comprehensive Plans as incorporated in the May 30, 2017 Special Meeting Agenda Packet. Motion to Amend (Bardarson/McClure) Amend Volume I of the Seward 2030 Comprehensive Plan, striking the following bullet from Section 2.2.2: “Actively seek funding for and promote restoration of formerly developed parcels within the city.” Motion to Amend Passed Unanimous Motion to Amend (Bardarson/Keil) Amend Volume I of the Seward 2030 Comprehensive Plan, striking the word “small” in the second bullet of Section 3.1.1.4. Motion to Amend Passed Unanimous It was noted that the duplicate bullet points listed in Section 2.2.2 would be corrected. Main Motion Passed Unanimous COUNCIL COMMENTS Keilsaid she would be on the local radio station Friday and noted she would be gone June 4- 12, 2017. Bardarsonsaid she received a letter from State of Alaska Deputy Chief of Staff John Hozey soliciting infrastructure projects for consideration for federal funding. CITIZEN COMMENTS 61 City of Seward, AlaskaCity Council Special Meeting Minutes May 30,2017 Volume 40, Page Dwayne Atwood thankedstaff and council for catching some of the redundancies in the plan tonight. COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS– None ADJOURNMENT The meeting was adjourned at 5:15 p.m. ____________________________________ ____________________________________ Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) 62 63 64 65 66 67 68 MEMORANDUM TO: City Council FROM: Johanna Kinney, City Clerk DATE:May 22, 2017 RE:City projects and goals - REVISED The following list of City Council projects and goals wasreviewedand discussed at the March 20, 2017 City Council Work Session, and revisedasfollows: 1 1.New ADA accessible parking location on west side of City Hall – construction underway as of 6/2017 1 2.Set location for Satellite Fire Station and Public Works Building 3.Expand current Council Chambers 4 4.Discussion on Air Force Rec Camp Site 5.Harbor crane 6.Saltwater Heat Pump Project 7.Energy Efficiency of City Hall 8.Ground Transportation for Ambulance Services 4 9.Animal Shelter Improvements – council passed a resolution 2/13/2017 4 10.City Hall Elevator – council passed a resolution 6/24/2017 3 11.Research elected/appointed official tele-conferencing possibilitiesfor meetings 3 12.Refine Executive Session Procedures–work session held on May 8, 2017, Clerk prepared memo in May 22, 2017 packet 13.Update the KPB Tsunami Warning message toinclude specific reference to the local radio station (91.7/106.1) 4 14.Incentivize family entertainment-type businesses to come to Seward 1 15.Affordable Housing (including Summer Worker Housing) –work sessions held May 22, 2017, June 12, 2017 16.Develop South Harbor Uplands – council supported PACAB recommendations, set building height limit 17.Seward Community Health Center Expansion 2 18.Building Maintenance 2 19.LED Light Conversions 1 Potential Work Session 2 Address as a budget consideration 3 Awaiting City Attorney input - #11 will be scratched unless City Attorney advises differently 4 Currently underway 69 Johanna Kinney From:Jean Bardarson Sent:Tuesday, May 30, 2017 4:23 PM To:Johanna Kinney Subject:Fwd: Draft Seward Letter on park funding Attachments: Draft Seward City News Letter 5-30-17.docx; ATT00001.htm Follow Up Flag:Follow up Flag Status:Flagged PleaseforwardtocouncilIwouldliketheirinputonsendingaletterofsupport. Thanks JB SentfrommyiPad Beginforwardedmessage: CƩƚƒʹJoanFrankevich<jfrankevich@npca.org> 5ğƷĻʹMay30,2017at11:49:13AMAKDT ƚʹ"jbardarson@cityofseward.net"<jbardarson@cityofseward.net> {ǒĬƆĻĭƷʹ5ƩğŅƷ{ĻǞğƩķ\[ĻƷƷĻƩƚƓƦğƩƉŅǒƓķźƓŭ HiJean, Thanksforconsideringsubmittingthisletteronparkfundingtothelocalnewspaper.Pleaseletme knowwhattheCouncildecides,andifyouhaveanyquestions. Solong, Joan Joan Frankevich Program Manager, Alaska Regional Office | National Parks Conservation Association 907-538-2693 |jfrankevich@npca.org | npca.org tƩĻƭĻƩǝźƓŭhǒƩtğƭƷ͵tƩƚƷĻĭƷźƓŭhǒƩCǒƷǒƩĻ͵ Speakupfornationalparks.Joinusatnpca.org Spam Phish/Fraud Not spam Forget previous vote 70 An Open Letter of Support for National Park Infrastructure Maintenance 71 June 1, 2017 Lt. General Todd T. Semonite Chief of Engineers U.S. Army Corps of Engineers 441 G St. NW Washington, D.C. 20314 Dear General Semonite: I am writing on behalf of the City of Seward, Alaska in support of the proposal being submitted to the U.S. Army Corps pursuant to Section 7001 of WRDA ’14 and titled “Lowell Canyon Tunnel O&M Authority”. Section 5032 of the Water Resources Development Act of 2007 requires the Secretary of the Army to evaluate an alternative method of flood diversion for Lowell Canyon in Seward, Alaska. The objectives underlying a new approach include reducing the risk of flooding, and reducing the long-term costs to the USACE of maintaining the system. Section 5032 also transferred the “long term” maintenance responsibility back to the Army Corps for a period of fifteen years. This authority expires on November 8, 2022. The City of Seward, Alaska has partneredwith the Army Corps to develop a feasible alternative to the existing flood control diversion system. The City does not have the financial resourcesto maintain and repair the existing tunnel structure due to the substantial flood events that are occurring every year in the Lowell Canyon watershedabove the city. The City is requesting a change to Section 5032 to extend the long-term maintenance authority until a technically viable and economically achievable alternative is constructed. The City of Sewardis requesting that this legislative request be included in the Section 7001 Report to Congress. Thank you in advance for considering our views. Sincerely, Jean Bardarson, Mayor City of Seward, Alaska P. O. Box 167 Seward, Alaska 99664 72 Memorandum Date: June 12, 2017 To:City Council, Historical Preservation Commission, Planning and Zoning Commission, and Port and Commerce Advisory Board From: Johanna Kinney, City Clerk Subj: Procedural Memo on Consent Agenda and Unanimous Consent Consent Agenda According to Seward City Code 2.10.055 (b): Those items on the council agenda which are considered routine by the city manager and the city clerk shall be indicated by an asterisk on the agenda. Unless the mayor or councilmember specifically requests that such an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent calendar and considered separately on the regular agenda, these items so designated shall be approved, adopted, accepted, etc. by motion of the council to approve the agenda and consent agenda. Those items so approved shall appear in the council minutes as if acted upon individually. City Council Rules of Procedure Rule 26 also adds: The Clerk shall read into the record the consent agenda, including the titles of any ordinances or resolutions contained therein. While preparing the agenda, the City Clerk or City Manager may place items on the consent agenda, but this does not mean the body is obligated to keep them there. If there is any discussion to be made such as amendments, a declaration of a conflict of interest, or just general discussion, it is recommended the item be pulled from the consent agenda and placed on the regular agenda. One member has the right to remove an item from the consent agenda and to place it on the regular agenda. Conversely, one member also has the right to object to a regular agenda item to being placed on the consent agenda. The chair can help by asking if there is any objection to adding an item to, or removing an item from, the consent agenda. These measures are in place to ensure that any individual’s voice does not get hidden in the procedures. Bottom line: you have the right to discuss your agenda items, but you have to speak up! 73 Unanimous Consent A body can approve motions by unanimous consent, otherwise known as general consent. Instead of calling for a roll call vote (or a voice vote –calling out each member’s name), the presiding officer or a member of council can request the agenda item be approved by unanimous consent. This means individuals are not called upon to vote, and the entire body is consenting to the same affirmative position. Some things that should happen if unanimous consent is used: ·The chair/presiding officer should alwaysask if there is any objection to voting by unanimous consent. ·If there is anysingleobjection to a vote by unanimous consent, the chair should put the motion to a vote. It only takes one person to object, and this is to ensure no rights are being violated. Again, you have the right to be heard, but you have to speak up! ·It is only advisable to use voting by unanimous consent for items of little importance,or when there appears to be no opposition to the motion. It is notadvisable to use unanimous consent for everything, or for items of higher importance. Presiding Officers – the phrases you will find extremely helpful to use are,“If there is no objection….” or “Is there any objection?” Please use them! Questions? Let me know, please! Johanna Kinney, CMC City Clerk, City of Seward Post Office Box 167 Seward, Alaska 99664 p: 907.224.4045 e: clerk@cityofseward.net f: 907.224.4038 w: www.cityofseward.us 74 June 2017July 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa June 2017 1231 456789102345678 111213141516179101112131415 1819202122232416171819202122 25262728293023242526272829 3031 SunMonTueWedThuFriSat May 28293031Jun 123 May 28 - Jun 3 45678910 6:00pm 7:00pm P&Z/Flood Board WS (City Annex Bldg) Jun 4 - 10 11121314151617 5:00pm 7:00pm CC WS (KM Rae Building ) 7:00pm 10:30p m CC Mtg Jun 11 - 17 (Chambers) 18192021222324 6:00pm 9:30pm P&Z WS (City Annex Building) Jun 18 - 24 252627282930Jul 1 5:00pm 7:00pm CC WS 7:00pm 10:30p m CC Mtg (Chambers) Jun 25 - Jul 1 Nanci Richey16/7/2017 10:56 AM 75 July 2017August 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa July 2017 112345 23456786789101112 910111213141513141516171819 1617181920212220212223242526 232425262728292728293031 3031 SunMonTueWedThuFriSat Jun 252627282930Jul 1 Jun 25 - Jul 1 2345678 Holiday (Offices Jul 2 - 8 9101112131415 7:00pm 10:30p m CC Mtg (Chambers) Jul 9 - 15 16171819202122 6:00pm 9:30pm P&Z WS (City Annex Building) Jul 16 - 22 23242526272829 7:00pm 10:30p m CC Mtg (Chambers) Jul 23 - 29 3031Aug 12345 Jul 30 - Aug 5 Nanci Richey16/7/2017 10:58 AM 76