HomeMy WebLinkAbout04232012 City Council Packet Seward City Council
Agenda Packet
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April 23, 2012
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
All-America CITY COUNCIL MEETING AGENDA
1 111 r {Please silence all cellular phones and pagers during the meeting} 4 41aetP
April 23, 2012 7:00 p.m. Council Chambers
1. CALL TO ORDER
David Seaward 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2013 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
Vice Mayor to 3 minutes per speaker and 36 minutes total time for this agenda
Term Expires 2012 item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *).
Council Member Consent Agenda items are not considered separately unless a council
Term Expires 2013 member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
Christy Terry
Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2013 A. Proclamations and Awards
Vanta Shafer 1. April is National Library Month Pg. 3
Council Member 2. National Kids to Parks Day is May 19, 2012 ..Pg. 4
Term Expires 2013
B. Chamber of Commerce Report
Marianna Keil C. City Manager's Report
Council Member D. City Attorney's Report
Term Expires 2012 E. Mayor's Report
F. Other Reports and Presentations
Ristine Casagranda
Council Member
Term Expires 2012
James Hunt
City Manager
Johanna Kinney
City Clerk
Cheryl Brooking
City Attorney
City of Seward, Alaska Council Agenda
April 23, 2012 Page 1
7. PUBLIC HEARINGS
A. Resolutions Requiring Public Hearing
1. Resolution 2012 -025, Authorizing The City Manager To Enter Into A Settlement
Agreement In City Of Seward V. Gillespie, Case No. 3AN -10 -7550 CI, With Regard To
Condemnation Of Tract B Of Dieckgraff - Gillespie Subdivision For The North Forest Acres
Levee /Road Project, In Consideration For Payment Of $150,000, In Addition To $71,720
Already Paid, Construction Of A New Driveway By The City, And Conveyance Of A Portion
(Approximately 17,000 Square Feet) Of Tract 5 Of Forest Acres Subdivision In Seward,
Alaska Pg. 5
8. NEW BUSINESS
A. Resolutions
1. Resolution 2012 -026, Authorizing A Sole Source Contract With NBWS
Consulting For The Purchase, Installation And Training Of New Financial Accounting Software
In The Amount Of $214,766.25 And Appropriating Funds Pg. 19
B. Other New Business Items
*1. Approval of the April 9, 2012 City Council Regular Meeting Minutes Pg. 28
*2. Schedule a work session to review Public Works' Facility Plan for the Lowell Point
Wastewater Treatment Facility as required by the State of Alaska for Tuesday, May 29, 2012 at
6:00 p.m. (before the City Council Meeting)
3. Schedule a work session to discuss opting out of the Alaska Public Offices
Commission (APOC) Financial Disclosure Statement requirements and invite the Planning and
Zoning Commission to attend.
9. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
10. COUNCIL COMMENTS
11. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak.]
12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
13. ADJOURNMENT
City of Seward, Alaska Council Agenda
April 23, 2012 Page 2
PROCLAMATION
WHEREAS, libraries provide free access to all — from books and online
resources for families to library business centers — that help support entrepreneurship
and retraining; and
WHEREAS, our nation's school, academic, public and special libraries make a
difference in the lives of millions of Americans today, more than ever and
WHEREAS, librarians are trained professionals, helping people of all ages and
backgrounds find and interpret the information they need to live, learn and work in
a challenging economy; and
WHEREAS, libraries are places of opportunity providing programs that teach
all forms of literacy, promoting continuing education and encouraging lifelong
learning; and
WHEREAS, in times of economic hardship, Americans turn to, and depend
upon, their libraries and librarians; and
WHEREAS, libraries, librarians, library workers and supporters across America
are celebrating National Library Month; and
WHEREAS, in honor of National Library Month, the Seward Community
Library /Museum is forgiving overdue fines and has opened the annual book sale for
the month of April 2_01.2.
NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do
hereby proclaim April 201-2 as
National Library Month
and I encourage all residents to visit the library to take advantage of the wonderful
library resources available at the Seward Community Library /Museum.
Dated this 23rd day of April, 201.2.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
PROCLAMATION
WHEREAS, in 2011 nearly 200 mayors coast to coast signed official proclamations and more
than 15,300 families participated in events hosted in their community parks to celebrate National
Kids to Parks Day; and
WHEREAS, the vision is simply to remind adults to take a child to a park where they can
hike a trail, visit a national historic site, or even canoe on a river; and
WHEREAS, the mission of the National Park Trust is to preserve parks today and create park
stewards for tomorrow; and
WHEREAS, as America's population grows and demographics change, there continues to be
a steady decline in attendance at our nation's parks and a growing disconnect between children
and nature; and
WHEREAS, the National Park Trust is the nation's only organization dedicated to the
completion, and the full appreciation, of the American system of National and State Parks through
the identification of key land acquisition needs and opportunities; and
WHEREAS, since 1983, the National Park Trust has worked on over 200 projects and will
continue to be at the very heart of our nation's effort to preserve, protect and enhance the
nation's system of parks at the local, state and national level; and
WHEREAS, I support President Obama's sentiment that "The United States is blessed with
unparalleled natural beauty. From remote forests to urban parks, these spaces have inspired
visitors for generations. Today, these areas continue to raise the human spirit in those who
experience them."
NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska do hereby
proclaim Saturday, May 19, 2012 to be
National Kids To Parks Day
and I encourage all citizens to take a child in their lives to visit a national, state or local park and
play outdoors!
Dated this 23rd day of April, 2012 THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
1
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SETTLEMENT AGREEMENT IN CITY OF SEWARD v. GILLESPIE, CASE
NO. 3AN-10-7550 CI, WITH REGARD TO CONDEMNATION OF TRACT B
OF DIECKGRAFF - GILLESPIE SUBDIVISION FOR THE NORTH FOREST
ACRES LEVEE /ROAD PROJECT, IN CONSIDERATION FOR PAYMENT
OF $150,000, IN ADDITION TO $71,720 ALREADY PAID, CONSTRUCTION
OF A NEW DRIVEWAY BY THE CITY, AND CONVEYANCE OF A
PORTION (APPROXIMATELY 17,000 SQUARE FEET) OF TRACT 5 OF
FOREST ACRES SUBDIVISION IN SEWARD, ALASKA
WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002,
and began the process of acquiring permits for Phase II, known as the North Forest Acres
Levee /Road Project (the "Project "); and
WHEREAS, the City of Seward spent many years developing the design and location for a
levee /road to benefit the people of Seward; and
WHEREAS, in 2008 the Seward City Council accepted the alignment of the Project as
described in the Finding of No Significant Impact and authorized the administration to pursue
environmental permitting and to negotiate with property owners to acquire easements, rights -of -way
and /or ownership of parcels of land affected by the Project;
WHEREAS, in 2009 the US Army Corps of Engineers issued a permit to the City of Seward
to construct the Project in accordance with the conditions of the permit;
WHEREAS, at the direction of the City, appraisals were made of the fair market value of the
parcels of land, all of which were undeveloped parcels of land, and each appraisal received an
appraisal review; and
WHEREAS, acquisition of a public use easement across Tract B was determined to be
necessary to move forward with the construction of the Project; and
WHEREAS, the City was unable to reach an agreement with the owners of Tract B for
purchase of a public use easement and ultimately filed a Declaration of Taking in May 2010 to allow
the construction to occur within the timeframe requested by the Corps of Engineers; and
WHEREAS, litigation involves uncertainty and risk to both parties and the City finds that it
is in the public interest to enter into a settlement agreement to resolve the litigation, according to the
terms set forth in the agreement presented at this meeting; and
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -025
WHEREAS, Seward City Code Section 7.05.120 permits the disposition of real property by
negotiation; and
WHEREAS, Seward City Code Section 7.05.125 requires notice and a public hearing prior
to the acquisition or disposition of real property; and
WHEREAS, the essential terms and conditions contained in the settlement agreement (the
"Settlement Agreement ") have been available for public inspection for 10 days in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OF SEWARD, ALASKA that:
Section 1. The City Council finds it is in the best interest of the City of Seward to purchase
Property by negotiation for the North Forest Acres Levee /Road Project subject to conditional terms
contained in the agreement presented at this meeting.
Section 2. The City Manager is hereby authorized to enter into the Settlement Agreement in
substantially the form presented at this meeting and to proceed with the platting process with the goal
of satisfying the conditions stated in the Settlement Agreement. The City Manager is authorized take
all such action necessary under the agreement to complete the purchase.
Section 3. The City Council finds that the subdivision requirements of Seward City Code
Title 16 do not apply to the City's acquisition of a portion of Tract B because, among other things,
such real property will be owned by the City, is being acquired for the Project, and subdivision
development requirements are not necessary or desirable for the Project.
Section 4. Funds in the amount of $150,000.00 are hereby appropriated from the North
Forest Acres Levee /Road Fund fund balance to the Land expense account no. 666 - 6664 -5910 to be
paid into escrow in accordance with the Settlement Agreement presented at this meeting.
Section 5. This resolution shall take effect (30) days following passage and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of
April 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
b
COUNCIL AGENDA STATEMENT
Meeting Date: April 23, 2012
From: Jim Hunt, City Manager
Agenda Item: Approval of Settlement Agreement in Case No. 3AN -10-
7550 CI, relating to Tract B, Dieckgraeff - Gillespie Replat
BACKGROUND & JUSTIFICATION:
The City of Seward recently completed most of the work on the North Forest
Acres levee /road project. This project began in the late 1990's when the City began the
process of working with state and federal agencies to obtain permitting, and resulted from
a flood mitigation task force developed at the request of FEMA, following major flood
events in Seward during the past twenty years.
In efforts to obtain the necessary permits, the City fought to construct the levee as
far to the north as possible, in order to minimize the impact on property owners and
provide as much protection of property as possible. The agencies preferred the levee to
be further south, in order to minimize the impact on wetlands and fish habitat. This
conflict resulted in a decade -long effort to determine the exact alignment of the
levee /road that would gain acceptance from all agencies involved in the project.
Eventually the current route was approved and permits were issued.
In 2009 the City began to acquire property interests consistent with the permitted
route. Appraisals were made of the fair market value of the interests in the undeveloped
parcels of land to be acquired, and each appraisal received an appraisal review. The City
worked with the various landowners to reach agreement and to compensate the owners.
However, the City was unable to reach agreement with the owners of Tract B and
litigation was necessary to acquire a public use easement.
On March 22, 2010, the Seward City Council passed Resolution 2010 -025
authorizing the City Manager and City Attorney to institute eminent domain proceedings,
including the use of a declaration of taking, against Tract B and its owners, in order to
proceed with construction of the North Forest Acres Levee /Road Project. The resolution
further authorized a second peer- reviewed appraisal to be conducted by an independent
appraiser not previously involved in appraising this property on behalf of the City. The
resolution authorized the City to pay the higher of two independent, peer- reviewed
appraisals. In May 2010, the City filed a Declaration of Taking in Superior Court, along
with payment of $71,720.00, which included the value of the easement and the damages
r
to the remainder resulting from the easement. (This amount is ten percent higher than the
appraised value of $65,200 as determined by Black- Smith, Bethard & Carlson.)
The owners of Tract B have now agreed to a settlement of the eminent domain
proceedings. The owners expressed their desire to "square-off" their portion of Tract B
to the south of the easement. The settlement agreement presented at this meeting
authorizes a land exchange in fee, following replatting, whereby the City will trade a
portion of its existing property east of Tract B in exchange for transfer in fee to the City
of most of the area intended as an easement and the north remainder of Tract B. A
portion of the area in the south squared -off area would be a public use easement. A
drawing attached as Exhibit B illustrates the proposed land exchange.
In addition to the land exchange, the agreement provides that the City will apply
for the authority to construct a new driveway on the border of Tract B and the
unsubdivided property owned by Gillespie to the south of Tract B. The agreement
further provides that the City will deposit into escrow the amount of $150,000, of which
$50,000 will be paid within 5 days. The rest of the escrowed amount will be released to
Gillespies upon completion of the replat and fee transfer of titles reflecting the land
exchange. The City will be responsible for platting costs, but will not be responsible for
any development costs that may be required on the property to be transferred or retained
by Gillespies.
The settlement resolves the eminent domain lawsuit, in addition to all claims
between the parties, including attorney fees and costs. Each side is to bear its own costs
and fees.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
INTENT:
This resolution requests additional funding of $150,000, and provides a final settlement
of the eminent domain proceedings.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
Funding for this acquisition will come from the North Forest Acres Levee /Road Project.
Approved by Finance Department
RECOMMENDATION:
Approve Resolution 2012 -025, authorizing a settlement agreement regarding the Tract B
eminent domain litigation and an additional appropriation of $150,000.
SETTLEMENT AGREEMENT
The parties to this Settlement Agreement ( "Agreement ") are Cathy Weiford,
Thomas Gillespie, and Raymond Gillespie ( "Gillespie ") and the City of Seward ( "City ").
This Agreement is entered into for good and valuable consideration as recited herein
and is effective upon execution by all parties.
I. PURPOSE OF SETTLEMENT
A. All parties to this Agreement desire to end and resolve litigation and controversy
by and among each of them and respecting the matters described herein. It is intended
that, to the extent that interpretation of the terms of this Agreement is necessary, such
interpretation shall be based upon the presumption that all matters which have been or
could have been asserted or in controversy in City of Seward v. Gillespie, Case No.
3AN -10 -7550 CI prior to the date of execution of this Agreement have been definitively
resolved without additional recourse among the parties except as might be necessary to
enforce the terms of this Agreement.
B. The parties to this Agreement intend to fully and definitively settle all matters
raised or which could have been raised directly or indirectly by any party to this
Agreement, in a civil action entitled City of Seward v. Gillespie, Case No. 3AN -10 -7550
CI and any other invoices, claims, charges or allegations, however framed, against
either party and its respective agents or employees related to the subject matter of the
civil action, (all such claims, charges or allegations, brought directly or indirectly, are
referred to collectively herein as the "Litigation ").
C. All parties understand and specifically agree that execution of this Agreement
and resolution of the Litigation do not constitute any admission of wrongdoing,
misconduct, or liability on the part of any other party or on the part of any agent or
employee of either party. All parties understand and recognize that each party denies
any wrongdoing, misconduct, or liability and are agreeing to the terms of this Agreement
solely to terminate current Litigation or disputes, and the possibility of any further or
future litigation, arbitration or other dispute resolution process and the pursuit of any
charges against the parties or their employees or agents arising from the matters
described or alleged by the parties hereto. The parties to the Litigation desire to save
the cost and uncertainties of continuing the Litigation by settling these claims at the
present time.
II. CONSIDERATION
A. Gillespie and the City have executed a Stipulated Dismissal which provides for
dismissal of the Litigation, with prejudice, with each party to bear its own costs and
attorney's fees. The City shall arrange for the filing of the Stipulated Dismissal with the
superior court promptly.
Settlement Agreement 1
1
B. Construction of a driveway of the design as set forth in the driveway application
previously submitted to DOT /PF and shown on the attached Exhibit A. The City will
construct the driveway and bear the costs of its construction and permitting. The
construction of the driveway will be coordinated with the plat application; it will be
constructed no later than the next construction season following plat approval.
C. Gillespie will quit claim the fee interest of the PUE and the area between the PUE
and the creek in Tract B to the City. This area is the area highlighted in yellow on the
drawing attached as Exhibit B. Title will be transferred free and clear of covenants and
other restrictions and encumbrances other than what are disclosed in First American
Title Order #0227 - 1270530, as attached to the Bethard appraisal, plus the public use
easement encumbrance created by the City. The small stub of the PUE as shown in
the red cross -hatch will remain a PUE of the City and not deeded or platted to the City
in fee simple.
D. The City will quit claim to Gillespie the approximately 17,000 square feet
necessary to square out the south remainder of Tract B as shown on Exhibit B. The
actual square footage will be resolved by survey for the re -plat. However, the new lot to
be created from the south remainder of Tract B and a portion of Tract 5 will meet
minimum lot sizes for onsite water and septic. Gillespie has reviewed title documents
as of June 1, 2009 according to First American Title Order No. 0224 - 1420139. Gillespie
received a copy of the Permit Agreement between City of Seward and GCI
Communications Corp. effective May 25, 2011. Other than the GCI and utility
improvements, the portion of Tract 5 is to be transferred free of covenants and other
restrictions and encumbrances other than what are disclosed by the title report
delivered by the City.
E. Transfer of land by the deeds described in paragraphs C and D are subject to
replat. Both parties will process the plat or plats and the City will bear the costs of
platting and surveying for the conveyances as set forth in paragraphs C and
D above, as well as the title insurance charges required by law for the certificate to plat.
The plat and land transfers should be processed in a commercially reasonable and
expeditious manner. Each party shall quit claim their respective interest in the
respective final lots to the party to take title. Gillespie will cooperate in the platting
process. The City and its consultants will copy Gillespie on all submittals to the platting
board and staff and will allow Gillespie to review and approve any decisions made that
could affect development covenants being added to the plat or any requirements to
construct improvements. The City will name Gillespie as a party to the certificate to plat
policy.
F. In the event the Kenai Peninsula Borough imposes additional limitations or
restrictions on the re- platted Tract B through the platting process or requires the
construction of any further improvements, other than survey documentation and the
construction of the common driveway, Gillespie shall bear the financial cost of meeting
the requirements imposed as part of the plat approval on Tract B. The City will be
Settlement Agreement 2
10
responsible for any conditions imposed on the portion of Tract B conveyed to the City.
The City will not enact any new legal requirements nor impose any burdens not
otherwise required by existing law.
G. Immediately upon mutual execution of this Agreement by all parties, the City will
place $150,000 into escrow with Fidelity Title Agency of Alaska, along with a copy of
this Settlement Agreement. All funds on deposit plus accrued interest will be disbursed
to Gillespie in accordance with the instructions from Gillespie upon the recording of the
plat or plats described in paragraph E and the recording of the two quit claim deeds
described in paragraphs C and D, subject to the following provisions: (i) $50,000 of that
amount will be disbursed to Gillespie within 5 days following the execution of this
Settlement Agreement; and (ii) the funds in escrow will be deposited into an interest
bearing account with the interest to be paid at the standard bank savings account rate.
The City will provide its tax number for the opening of the account. The City will pay all
escrow and recording fees.
All parties to this Agreement agree to forbear any further claims or causes of
action alleged or which could be alleged to have arisen prior to the date of this
Agreement.
III. UNDERTAKINGS OF THE PARTIES
A. The parties will promptly undertake to execute, file, record, obtain court approval,
or otherwise take such steps as are necessary to effectuate the terms of this settlement
Agreement.
B. The parties hereto recognize that time is of the essence in accomplishing these
steps.
IV. UNDERSTANDINGS OF THE PARTIES
A. For and in consideration of the payment and actions described herein, the
execution of this Agreement, and other good and valuable consideration, the parties to
this Agreement, and their heirs, executors, administrators, and assigns, hereby release,
acquit, and forever discharge all parties to this Agreement who might be legally liable for
any damages in the Litigation.
B. The parties further specifically agree that, pursuant to this waiver and release, no
charges, action, process, or challenges of any kind shall be pursued or brought by any
of them against any of the other parties or the property at issue in the Litigation against
either party's agents or employees, directly or by and through any other party
concerning or arising out of the claims described in this Agreement or any allegations in
the Litigation.
C. All the terms and conditions of this Agreement have been reflected upon without
haste. No party is under any disadvantage, and no promise or inducement which is not
Settlement Agreement 3
11
herein expressed has been made to any party. Each party specifically warrants and
represents that he, she or it has had the opportunity to consult with counsel in a timely
fashion and with each and every person or entity with whom that party desired to
consult. It is further agreed that the fact that this Agreement may have been drafted in
whole or in part by one such party's counsel shall not cause all or any part of this
Agreement to be construed against such party. The parties agree that this Agreement is
the joint product of the parties and their respective counsel, and that there is no drafter
against whom ambiguities are to be resolved in the event of a dispute.
D. All parties have been informed of or are aware of the holding in the case of Witt
v. Watkins, 579 P.2d 1065 (Alaska 1978), and are familiar with the significance of the
supreme court decision in that case. Nevertheless, the protection, if any, of the holding
therein, is hereby expressly waived. Each party hereby acknowledges, understands,
and assumes just compensation, costs and damages to the remainder may be
substantially higher or lower than the settlement amount, may be greater in degree than
presently described or understood, and may be different in kind or character; and each
party understands and acknowledges the existence of that risk and nevertheless
accepts the above - mentioned consideration and gives this release.
E. The parties have been informed or are aware of the holding in the case of Young
v. State, 455 P.2d 889 (Alaska 1969), and are familiar with the significance of the
supreme court decision in that case. It is the parties' intent and desire herein to release
all individuals, firms, corporations, or entities, including the plaintiffs and defendants,
against whom they might possibly make a claim, demand, or suit as a result of the
actions giving rise to the litigation referred to in this Agreement and /or which allegedly
occurred with regard to the Litigation. This is so even though they may not be able to
name or identify those persons, firms, corporations, or other entities against whom they
might consider a claim, demand, or suit.
F. This Agreement constitutes the entire Agreement between the parties with
respect to the subject matter hereof, including claims for attorneys fees and litigation
costs, and supersedes any and all prior and contemporaneous contracts, Agreements,
promises, representations, warranties, inducements, covenants, or duties, oral or
written, conditional or unconditional, expressed or unexpressed which in any way arise
out of or result from the subject matter of this settlement Agreement and the Litigation.
G. In the event of breach of this Agreement, either party may move to enforce the
Agreement and may request fees, under Rule 82 of the civil rules, for fees incurred in
enforcing this Agreement.
H. By signing this Agreement, the undersigned represent that they are authorized to
execute this Agreement and bind the parties hereto, and that they have not assigned
any claim covered by this release.
For the convenience of the parties, this Agreement may be executed in
counterparts, each of which shall be deemed to be an original, and which together shall
Settlement Agreement 4
constitute one and the same instrument. In addition, a faxed signature shall be deemed
an original signature, provided that an original signature is received by the other party
within ten (10) days following the effective date of this Agreement.
DATED:
Cathy Weiford
DATED:
Thorrras GiUspie
DATED:
Raymond Gillespie
City of Seward
DATED By:
Jim Hunt, City Manager
ATTEST:
Johanna Kinney, CMC
City Clerk
(S E A I.)
Settlement Agreement 5
t3
04/10/2012 13:28 9072243514 METCO PAGE 06/09
constitute one and the same instrument. In addition, a faxed signature shall be deemed
an original signature, provided that an original signature is received by the other party
within ten (10) days following the effective date of this Agreement.
DATED: ``"� .,fit `'
Cathy ifor'd t0
DATED: :!.. c )'2
Thomas Gillespie
DATED:
Raymond Gillespie
City of Seward
DATED: By:
Jim Hunt, City Manager
ATTEST:
Johanna Kinney, CMC
City Clerk
(S E A L)
Settlement Agreement 5
STATE DFALASKA
) ss.
THIRD JUDICIAL DSTRICT )
The foregoing instrument was acknowledged before me this day of April,
2012 by Cathy Weiford.
Notary in and for Alaska
My commission expires:
STATE OF ALASKA
\ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of April,
2012 by Thomas Gillespie.
Notary in and for Alaska
My commission expires:
STATEOFALASKA
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of April,
2012 by Raymond Gillespie.
` ^ �~ ,
`�<�})(��� ]
Notary in and for Alaska
My commission expires: .-��^~
Settlement Agreement 6
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04/10/2012 13:28 9072243514 METCO PAGE 07/09
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The,,. l,r t i tJp ment was acknowledged before me thi§ /0 day of April,
2012 by -1 :,w • ` ' r 4. rll �i
h f
" c 4111
•
= < .1 No in and for Alaska l
,o " My commission expires: 1 /`,C rr
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14. '':' E O�
STATE OF ALASKA
)ss.
THIRD JUDICIAL DISTRICT )
Tile; t� r ,J fleet was acknowledged before me this ,(Q ay of April,
2012 by"' , . .512 f i p r
rte, /' % �'"'
*' • r Q r /
' = Notary in and for Alaska
(P OW: = My commission expires: 'Yt/ r /5
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ti
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of April,
2012 by Raymond Gillespie,
Notary in and for Alaska
My commission expires:
Settlement Agreement 6
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11-2256: Appraisal Review - Gillespie Proper01, Seward, Alaska
SEWARD 001883
Exhibit B
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A SOLE SOURCE CONTRACT WITH NWBS
CONSULTING FOR THE PURCHASE, INSTALLATION AND TRAINING
OF NEW FINANCIAL ACCOUNTING SOFTWARE IN THE AMOUNT OF
$214,766.25, AND APPROPRIATING FUNDS
WHEREAS, the City of Seward's existing financial accounting system was purchased and
installed in 1989 (23 years ago) at a cost of approximately $199,206 (hardware $73,269; software
$69,187; data conversion $6,000; installation/training $36,000; and annual maintenance $14,750);
and
WHEREAS, the City's software vendor, Timeline, Inc. significantly reduced support for the
product in the period leading up to the Year 2000, and now has only one employee remaining to
service existing customers, necessitating migration to a new accounting system; and
WHEREAS, the City's hardware vendor, HP, has notified the City that it no longer
maintains an inventory of parts to service the existing server hardware, and is only nominally able to
guarantee ongoing maintenance of the hardware which houses the City's financial accounting
system; and
WHEREAS, Seward City Code §6.10.120 (9) exempts from competitive procurement
procedures, the purchase of electronic data processing software and hardware systems; and
WI- IEREAS, City staff have evaluated a number of different financial accounting systems
aimed at meeting a number of goals, not limited to the following: 1) a suite of products capable of
replacing various stand -alone systems (general ledger, accounts payable, payroll, budgeting); 2) a
system capable of producing reports in .PDF and Excel formats with e -mail capability for greater
transparency and information sharing; 3) drill -down capability for department managers to view real -
time, detailed financial data; 4) user - friendly and Windows - compatible to facilitate cross - training;
and 5) report- writing capabilities that do not require programming knowledge; 6) reasonable cost; 7)
a system and vendor who has received good references from similar -sized governmental entities; and
8) a system that requires less dependence on individuals with unique knowledge sets; and
WIIEREAS, the finance department staff has selected Accu -Fund software as its financial
accounting software suite, and will work with Accu- Fund's software representative in Alaska,
NWBS Consulting, to facilitate software installation and training. The cost of the software is
$65,405 and includes the following modules: general ledger, budgeting, accounts payable, bank
reconciliation, cash receipting, financial reporting, financial dashboards, allocations, requisitions,
purchasing, grants management, payroll, human resources, accounts receivable, loan tracking, work
orders, building inspection, and fees and licenses. The cost of annual maintenance is $16,351.25.
\
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -026
The cost of professional services related to installation, training, and data conversion is estimated at
between $90,300 and $133,000, resulting in a not -to- exceed total price of $214,766.25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a contract with NWBS
Consulting for the purchase and installation of Accu -Fund software, in substantially the form as
attached hereto.
Section 2. The City Council finds that the public interest is served by authorizing a sole
source contract with NWBS Consulting, for the purchase of computer software and associated
training and implementation, and that this purchase meets the exemption from competitive
procurement requirements in accordance with Seward City Code §6.10.120(9).
Section 3. Funds in the amount of $214,766.25 are hereby appropriated as follows:
$147,484.02 from the General Fund reserves (account no. 101- 0000 - 3071 - 0103), representing one-
time project management fees collected in 2011 and the remaining $67,282.23 from the General
Fund reserves (account no. 101- 0000 - 3071- 0103), representing a portion of the one -time State
Revenue Sharing funds received in 2011, appropriated to the Capital Acquisition Fund equipment
account no. 103 -1030 -5930.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of
April 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney
City Clerk, CMC
(City Seal)
ab
Council Agenda Statement
l OF SFLt►
Meeting Date: April 23, 2012 '�
4 4:.4sKP
Through: James Hunt, City Manager 00 (
From: Kristin Erchinger, Finance Director Oki
Agenda Item: Purchase of financial accounting system software
BACKGROUND & JUSTIFICATION:
The City of Seward finance department has utilized the same financial accounting software package,
Timeline, Inc., since 1989, some 23 years ago. Since that time, the software has undergone a `patch'
migration to make it compatible with the Y2K conversion, but has had no major upgrades since 2000.
Due to the Year 2000 issue, the software vendor significantly scaled -back support for this product to the
point where today there remains a single individual providing software maintenance and support.
The finance department considered migrating to a new software package in preparation for Y2K, to
avoid potential problems associated with the impact of the Y2K programming `bug'. However,
Timeline, Inc. assured us that the software would accommodate the change without major problems, and
that was our experience. At the time, competition with hundreds of other entities seeking to migrate off
of their software to meet the Y2K deadline, imposed significant increases in costs, not to mention
potential for jumping in to a software system in its early infancy, and having to be a guinea pig during
the software maturity process. The City of Seward decided to hold off on migrating until this fierce
period of competition calmed down, and it would be easier to identify which software programs would
be sustainable, affordable, and meet our future needs.
The department evaluated various financial accounting systems with the aim of finding a program that
would meet the following needs, among others: 1) a governmental fund accounting system that would
replace a number of current stand -alone software systems with a single system; 2) a system that was
Windows - compatible and able to produce reports that could be shared with users and e- mailed to
facilitate transparency and provide better information - sharing; 3) a system that allowed department
heads to obtain real -time detailed financial information without reliance on finance department
personnel to run reports; 4) a system with in -house report- writing capabilities that did not require
computer programming knowledge; 5) a system at a reasonable cost; 6) a financial accounting package
and support vendor who come highly referred by other governmental entities; and 7) a system that
would replace the existing antiquated system with one not dependent on individuals with unique
knowledge sets, for ongoing maintenance.
The cost of the software is $65,405 and includes the following modules: general ledger, budgeting,
accounts payable, bank reconciliation, cash receipting, financial reporting, financial dashboards,
allocations, requisitions, purchasing, grants management, payroll, human resources, accounts receivable,
loan tracking, work orders, building inspection, and fees and licenses. The cost of annual maintenance
is $16,351.25. The cost of professional services related to installation, training, and data conversion is
estimated at between $90,300 and $133,000, resulting in a not -to- exceed total price of $214,766.25.
RESOLUTION 2012- OW
Page Two
INTENT:
The intent of this action is to authorize a contract for the purchase, installation, and training for new
general ledger financial accounting modules and software.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here): X
3. Other (list): X
ATTORNEY REVIEW: Yes X No
FISCAL NOTE:
One -time General Fund revenues received in 2011 from project management fees and State Revenue
Sharing are the intended source of funding for this project, since the City's budget policies recommend
the use of these one -time revenues for capital purposes. There are no costs associated with upgrading
hardware, since networking hardware is available in the finance department for this project
Approved by Finance Department: 1140,t;;) 4,4diti,•F
RECOMMENDATION:
City Council authorize the City Manager to enter into a contract with NWBS Consulting for the
purchase, installation, and training on Accu -Fund financial accounting software, at an amount not -to-
exceed $214,766.25.
a�.
PROFESSIONAL SERVICES AGREEMENT
This is an agreement between the NWBS Consulting, 520 E. 32 Avenue, Anchorage, Alaska 99503,
herein {fter referred to as NWBS, and City of Seward, hereinafter referred to as "Client ".
Purpose: NWBS will provide licensing, professional services, technical support, implementation
and training to "Client" on an as needed or contracted basis for the duration of this Agreement.
NWBS is a fully certified Value Added Reseller and technical support contact for AccuFund,
Inc., BlackBaud FundWare, BlackBaud Financial Edge and is a QuickBooks Pro Advisor.
NWBS will maintain certifications and required technical training for each of the products it
represents and will notify the "Client" in writing should any of the certifications lapse or are
cancelled for any reason.
2. Relationship of Parties: The parties intend that an independent Contractor relationship be
established by this Agreement. NWBS is retained only for the purpose and to the extent set forth
in this Agreement. NWBS is not to be considered an agent or employee of the "Client" for any
purpose and will not be eligible to participate in or receive any of the benefits to which
"Client's" employees are entitled.
Further, that NWBS will provide documentation to "Client" of Business Licensing, proof of
Professional Liability Insurance, W9 documentation and will sign and comply with any HIPAA
/Confidentiality agreements needed by "Client" in the regular course of conducting business with
"Client ".
3. Scope of Work: NWBS agrees to perform services or contracted services for "Client" as
outlined in signed proposal to the Client.
4. Financial. Upon receipt, the Client is responsible for the software investment of 81,766.25. The
implementation of the total system estimate is due on a monthly basis (as incurred) during
implementation of aforementioned software. A retainer for Professional Services is not required. Upon
acceptance and signature of this agreement the Client is responsible for the full cost of the software and 1
year of maintenance and enhancement.
5. Term: This agreement shall be effective upon signature by both parties and remain in effect until
terminated as provided in Section 7 below.
6. Changes in Protocol or Scope of work: Any changes in the terms, conditions or scope of work of this
agreement shall require the written consent of both parties and /or an approved Contract Services form.
The Contract Services form will be initiated by NWBS and sent to "Client" for written approval by an
authorized designee of the "Client ".
�3
7. Termination: Either party to this agreement may terminate the contract at any time by giving written 30
day notice of the intent to terminate.
In the event the "Client" requests termination of NWBS services, payment shall be made to NWBS for
work hours performed through date of termination of Agreement.
8. Privacy Act. NWE3S agrees to comply with any requirements of the Privacy Act of 1974, or other federal
or state law as they may apply to the operation of a system of records on individuals.
9. IN WITNESS WHEREOF, NWBS and City of Seward executed this agreement as indicated below.
NWB' Consulting, a division of Aleutian Housing Authority: Client Name: City of Seward
•
Kim oriano, Di ;tor of Business Services City of Seward Representative
DATE: 1 1//g/ / DATE:
Rev 411/2010 NWBS Consulting Professional Services Agreement Form
ay�
...
City of Seward
Kris Erchinger, Finance Director
Kim Rogers, Accounting Supervisor
Submitted by: Kim Soriano / NWBS Consulting
December 14, 2011
City of Seward
Proposal Summary
AccuFund Accounting Suite
Total AccuFund Accounting Modules $ 65,415.00 - $ 65,415.00
Total AccuFund Maintenance & Telephone Support $ 16,351.25 - $ 16,351.25
Total Professional Services * $ 90,300.00 - $ 133,000.00
Total System Investment $ 172,066.25 - $ 214,766.25
Payment Terms
100% of software and S /M &E due at contract acceptance
Consulting billed monthyl during the project
Additional Costs Related to implementation
Travel
Lodging
Per diem
Any other out of pocket expenses incurred by NWBS Consulting.
Ordered by: Date Ordered:
Authorized Representative of City of Seward
NWBS Consulting
520 East 32nd Street, Anchorage, Alaska 99503
Phone:1- 877 -892 -5702
As-
City of Seward
AccuFund Accounting Suite Proposal - Enterprise Governmental Suite
Application Software, Support & Consultation
City of Seward Support Basis
AccuFund Enterprise Government Suite - 25 User /Server Based including: 59,995.00
- General Ledger
- Budget Imports & Reporting -
- Accounts Payable -
- Bank Reconciliation -
- Cash Receipting -
- Financial Report Designer -
- Financial Report Excel Export -
- Report and Forms Designer -
- User Security System -
- Advanced Security System -
- Import/Export Capabilities -
-
Dashboards
Allocations
Requisitions
Purchasing with Inventory
Grants Management
Budget Development
Employee Portal - 250 Employees
Payroll
Human Resources
Accounts Receivable with Inventory
Loan Tracking
Work Orders
Building Inspection
Court Fine Management
Utility Billing
Fees, Taxes and Licenses
Personal and Property Taxes
AccuFund Access - Query/Requisitions /Budget 25 Users 5,410.00
Web Payment w /SSL Certificate - 5 Year Fee
Sub -Total $ 65,405.00 $ -
Software Cost $ 65,405.00
Software Maintenance & Enhancements at 25% of undiscounted cost $ 16,351.25
TOTAL SOFTWARE & SUPPORT $ 81,756.25
Shipping
$ 10.00
Sales Tax @ (Not Applicable with documentation) N/A
TOTAL SOFTWARE INVESTMENT $ 81,766.25
$ -
PROFESSIONAL SERVICES ESTIMATE *
64.50 - 95.00 days @ $1,400 per day($175 /hour) $ 90,300.00 to $ 133,000.00
TOTAL SYSTEM ESTIMATE $ 172,066.25 to $ 214,766.25
* Please note the range in Professional Services due to estimate in actual days.
ak4C3
NWBS Consulting
City of Seward
AccuFund Accounting System - Professional Services Estimate
Planning, Configuration, Data Conversion, Installation & Training
Professional Services Estimate
City of Seward
AccuFund Core Suite - 25 User Enterprise Edition Including: Days Cost
- General Ledger
Accounts Payable 15.00 - 20.00 21,000.00 - 28,000.00
- Bank Reconciliation 0.00 - 0.00
- Cash Receipting 0.00 - 0.00
- Financial Report Designer 0.00 - 0.00
- Financial Report Excel Export 0.00 - 0.00
- Report and Forms Designer 0.00 - 0.00
- User Security System with Task Level Security 0.00 - 0.00
0.00 - 0.00
- Import/Export Capabilities
-
3 Years General Ledger History Imports 0.00 - 0.00
Dashboards 6.00 10.00 8,400.00 - 14,000.00
0.50 1.00 700.00 - 1,400.00
Allocations 1.00 3.00 1,400.00 - 4,200.00
Requisitions 2.00 3.00 2,800.00 - 4,200.00
Purchasing with lnventory 2.00 3.00 2,800.00 - 4,200.00
Grants Management 3.00 4.00 4,200.00 -
Budget Development 5,600.00
Employee Portal 2.00 3.00 2,800.00 - 4,200.00
0.00 0.00 0.00 - 0.00
Payroll & Human Resources 0.00 - 0.00
Build Out
Parallel Testing 5.00 7.00 7,000.00 - 9,800.00
Reports 2.00 3.00 2,800.00 - 4,200.00
2.00 3.00 2,800.00 - 4,200.00
Training - Processing 5.00 5.00 7,000.00 - 7,000.00
Accounts Receivable with Inventory 2.00 3.00 2,800.00 - 4,200.00
Loan Tracking
2.00 3.00 2,800.00 - 4,200.00
Work Orders 2.00 3.00 2,800.00 - 4,200.00
Building Inspection 2.00 3.00 2,800.00 - 4,200.00
Court Fine Management 2.00 3.00 2,800.00 - 4,200.00
Utility Billing 3.00 5.00 4,200.00 - 7,000.00
Fees, Taxes and Licenses 3.00 5.00 4,200.00 - 7,000.00
Personal and Property Taxes 3.00 5.00 4,200.00 - 7,000.00
AccuFund Access - Query/Requisitions /Budget 25 0.00 - 0.00
Web Payment w /SSL Certificate 0.00 - 0.00 0.00 - 0.00
64.50 - 95.00 $ 90,300.00 - $ 133,000.00
PROFESSIONAL SERVICES ESTIMATE • : Implementation & Training
Estimated time: 64.50 - 95 days @ $1,400 /day ($175 /hour) 64.50 - 95.00 $ 90,300.00 to $ 133,000.00
Estimated Cost: $90,300.00 to 5133,000.00 516.00 - 760.00 Total hours
o 1
City of Seward, Alaska City Council Minutes
April 9, 2012 Volume 38, Page
CALL TO ORDER
The April 9, 2012 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Lieutenant Louis Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson Christy Terry
Vanta Shafer Marianna Keil
Bob Valdatta
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Absent — Ristine Casagranda
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Jill Simpson spoke on the Seward Prevention Coalition and noted recent polls showed there
was a tolerance or acceptance in underage substance abuse in Seward. She promoted the Town Hall
Meeting on April 17, 2012 from 6:30 to 8:30 p.m. at the Legends Building and hoped people would
attend. The coalition wanted to start a dialogue in the community to bring forward awareness and
help youth who were struggling and /or using substances. Alcohol was extremely dangerous in the
brain development of young people.
Jeff Mow spoke on his support as a citizen and as Superintendent of Kenai Fjords National
Park of green energy and renewable energy in Seward, even at an increased cost. He showed a press
release showing some of the proposed rehabilitation concepts for the Old Solly's building to be used
as the National Park Service administrative office building and asked the community to provide
feedback. The National Park Service would be accessing three properties in downtown Seward,
including the Legends building, the Mai property and the old Harbor Dinner Club property. The
National Park Service would also be retaining their building at the harbor.
Jim Herbert announced training would be held next week by Alyeska Pipeline Service
Company's Ship Escort/Response Vessel System (SERVS) in Seward. Money generated by the boats
was a good economic burst to the community. He informed council that two city members had been
oi�
City of Sewarcl, Alaska City Council Minutes
April 9, 2012 Volume 38, Page
selected to represent Seward in the adult exchange with Obihiro, Japan — Amy Carney and Tember
Eliason. The period for selecting students for their Japanese exchange program was still open and he
encouraged anyone interested to apply.
Brendan Ryan from Exit Glacier Guides was excited to be here. He was there regarding the
RFP for the city shuttle contract. Exit Glacier Guides submitted a proposal and received an email that
the RFP was disqualified due to lack of required references. He felt the requirements were rather
opaque and not consistent. Their proposal was approximately $30,000 less than the accepted
proposal. His company used renewal energy and he had proposed combining services to shuttle
people out to Exit Glacier that would save people money, as well as the city.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
The March 12, 2012 City Council Regular Meeting Minutes, the March 16, 2012 City Council
Special Meeting Minutes, and the March 27, 2012 City Council Regular Meeting Minutes were
approved.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Nora Hartmann from Seaview Community Services accepted a proclamation for Child
Abuse Prevention and Awareness & Sexual Assault Awareness Month.
Borough Assembly Report, Sue McClure stated the Certificate of Need that was submitted
for an ambulatory surgical center in Kenai had been denied. The assembly met on the March 13,
2012 regarding the Central Peninsula Hospital and appropriated $4,700,000 for a radiation/oncology
center. The assembly also appropriated $200,000 to hire a consultant to explore ways to stem health
care costs in the borough. Last Tuesday, Mayor Navarre proclaimed April as sexual assault
awareness month and said he participated in the Choose Respect March & Rally against domestic
violence. The assembly had a support resolution supporting Cooper Landing becoming a more
`walkable' community. There would be an ordinance to redefine the boundaries of the nine districts
within the borough as a result of the census and McClure's district would then extend into Sterling.
This redistricting was just for the borough based on population results from the census. The road
maintenance budget was supplemented by $1,400,000 due to the heavy snow this winter. Mayor
Navarre would be presenting the borough's budget at the May 1, 2012 meeting, and had stated he's
providing for what the school district asked for. The Borough Assembly would meet in Seward on
April 17, 2012 at 7:00 p.m. in the council chambers and encouraged people to attend. At that meeting
there would be ordinances up for public hearing that impacted Seward, including the appropriation
of the cruise ship head tax from 2011 ($357,522.50 to Seward), and an ordinance to accept a grant
a°\
City of Seward, Alaska City Council Minutes
April 9, 2012 Volume 38, Page
for $230,000 for the Seward /Bear Creek Flood Service Area Board (SBCFSAB) to complete a local
flood hazard mitigation plan. As well, there would be the second of three hearings for the ordinance
that would change all of the service area board members from being elected members to being
appointed, and an ordinance to amend the borough's anadromous stream protection ordinance. She
announced that there was still an opening on the SBCFSAB.
City Manager's Report, Jim Hunt stated he approved an expenditure in the amount of
$49,500 to develop the Lowell Point Wastewater Facility Treatment Plan to Michael L. Foster &
Associates which was a deliverable to the Alaska Department of Environmental Control (ADEC) by
August 2012. He appointed Finance Director Kris Erchinger as Acting City Manager while he was
traveling with Long and Bardarson to Washington, DC next week. The public was reminded and
encouraged to take part in an important survey being organized by Seward Wellness for All and
Providence on Saturday April 14, 2012. He would be negotiating a contract with First Student, Inc.
for the 2012 -2013 shuttle bus service in town. This was 100% paid for through tariffs paid by cruise
ship passengers and forwarded through the State of Alaska. The city was still seeking students for the
2012 Exchange Program with Obihiro, Japan. There were three student openings available. There
was a diesel spill in the harbor on April 6, 2012 and ADEC and the Coast Guard were both notified.
Harbor personnel responded swiftly to protect the area. The men's restroom at the harbor was
vandalized over the weekend and the cost to repair was estimated to be about $1,000.
There would be a Special Town Hall Meeting on April 17, 2012 from 6:30 — 8:30 p.m. hosted
by the Seward Prevention Coalition to discuss alcohol and drug use /abuse in Seward. Public Works
was trying to widen the streets by removing more snow, and they were working to improve drainage
and mitigating flooding. The cold mix for repairing potholes had not yet arrived. The department was
working towards totaling the needed appropriation for rectifying snow and ice budget. The Dairy Hill
Drainage Improvements RFP for engineering and design was nearly complete and would be
advertised soon. The proposed Lowell Point and SMIC Lagoons Sludge removal project was placed
on the Alaska Clean Water Fund Point Source Funding priority list for a total available amount of
$490,000 in a low interest loan. The proposed Lowell Canyon Water Storage Tank Refurbishment
project was placed highly on the Alaska Drinking Water Fund Point Source Funding Planning list so
it appeared there may be an opportunity to borrow money at 1.5 %.
In response to council, Hunt stated he would follow up to see if the infra -red pothole mixer
was working or not. He would consult with finance on the status of Medicaid's reimbursement rates.
Senator Begich's staff was in Seward last Friday and met with administration and Vice Mayor
Bardarson to discuss Coastal Villages and other Seward needs. They visited the Alaska SeaLife
Center and the Seward Mountain Haven while they were here. Seaward inquired about the possibility
of contracting out parking management. Assistant City Manager Ron Long stated it was too late in
this season to issue an RFP, but it could be looked at for the next season. Seaward reiterated that he
wanted to encourage private investment for the city. Hunt said he would evaluate the system over the
summer and bring alternatives back to council.
Mayoral Report, David Seaward wished everyone a Happy Easter. Last Friday, he spoke to
Governor Parnell and John Moller, Senior Advisor of Rural Affairs. They wanted to touch base with
Mayor Seaward, discussed an overview of important Seward projects and expressed the governor's
budgetary support of Seward. Seaward received an email from Senator Giessel informing him of the
ab
City of Seward, Alaska City Council Minutes
April 9, 2012 Volume 38, Page
Seward projects on the capital budget, including the North Seward Water Storage Tank and Pumping
Facility ($2,583,240), the Seward Vessel Wash -Down and Wastewater Recycling Facility
($641,300), the Seward Harbor ($1,180,000) and the Seward Marine Industrial Center Expansion
($10,000,000). Seaward attended the job fair held at AVTEC today to thank the employers and was
encouraged to hear that Seward's hospitality businesses were up 10 -20% so far this year and they
were looking for employees for this summer.
In response to council, Seaward said he discussed general Seward projects with the
Governor's office. Keil said it was a great idea for Seaward to go to the job fair and thank the
employers.
Other Reports, Announcements and Presentations
Library /Museum Director, Patty Linville, gave an update on the Seward Community
Library /Museum Project.
NEW BUSINESS
Resolution 2012 -023, Appropriating $222,601 For A Contract With First Student For
Operation Of The Seasonal Seward Shuttle Bus Service.
Motion (Bardarson /Keil) Approve Resolution 2012 -023
Long said the shuttles would arrive at each stop every half hour, and a stop at the Chamber of
Commerce had been added this year. This would be a two -year contract. Regarding Mr. Ryan's
earlier comments, Long said the Request For Proposals had been a two -step process: specifications
were one part (70 %) and cost was the other part (30 %). Two items caused one proposal to be non-
responsive: lack of references and a missing statement of non - collusion. He said they evaluated the
proposals submitted very carefully and recommended that the city award the contract to First
Student, Inc.
Terry asked if the shuttle service schedule for 2012 could include all types of licensed
transportation to expand the category and include other businesses besides taxis, and Long agreed to
make that change. In response to further council questions, Long conveyed that they had done
research on the vehicle requirements allowable by law and that there would be at least two busses
available on cruise ship days and one on non - cruise ship days. Seaward asked if any local companies
could help subcontract the handling of the luggage and Long said the proposers subcontracted their
services at their own discretion. Seaward would like to see coaches in the future instead of school
busses as any beautification and comfort in the future.
Motion Passed Unanimous
Resolution 2012 -024, Authorizing A Contract With CRW Engineering Group, LLC For
Engineering, Surveying, Design And Bid Services For The Northeast Harbor Uplands Grading
And Drainage Project And To Appropriate $49,320.00 From The FY 2010 Designated
Legislative Grant/ Z -Float Project.
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City of Seward, Alaska City Council Minutes
April 9, 2012 Volume 38, Page
Motion (Bardarson /Terry) Approve Resolution 2012 -024
Hunt stated the city had a discharge permit in place and the city could move forward
immediately.
Motion Passed Unanimous
OTHER NEW BUSINESS
The Mayor, with consent from the council, appointed Bev Dunham, Patty Linville, Margaret
Anderson, Cindy Clock and Dorothy Urbach to the Ad Hoc Incorporation Centennial
Committee. The members of the committee would be responsible for appointing their own
Chairperson. Council directed the committee to return with a proposed budget.
INFORMATIONAL ITEMS AND REPORTS (No action required) - None
COUNCILS' COMMENTS
Bardarson stated she would be traveling from April 11, 2012 through May 1, 2012, first for
city business with the Hunt and Long to Seattle and Washington, D.C. and then she would be taking
personal time. She encouraged everyone in the public to take the Seward Healthcare survey on April
14, 2012 as it was important to the city's healthcare needs. There would be a town hall meeting on
the April 17, 2012 and a library /museum fundraiser on April 28, 2012. The Animal Shelter would
have a fundraiser on May 5, 2012 to bathe, groom and brush animals.
Valdatta complimented the group for volunteering for the Ad Hoc Incorporation Centennial
Committee.
Terry said last week there had been a Mass Rescue Operation meeting with the U.S. Coast
Guard, cruise line and railroad representatives, and borough and city staff to review plans for
responding to cruise ship emergencies. There would be a swim meet at the high school this week.
She discovered that Cuno Hansen was back working for the Electric Department; she welcomed him
back and thanked all the electrical crew. She reiterated where the healthcare survey locations would
be found in town.
Seaward said the city would know at the end of April what funding they would receive from
the state. He thanked everyone for coming to the meeting and for watching on television.
CITIZENS' COMMENTS
Keith Campbell said the food bank at `He Will Provide' had a major flood last week, but
didn't lose any food. City crews were in the area and were able to divert the water flowing down the
hill into the building. They did a marvelous job on very short notice.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
City of Seward, Alaska
City Council Minutes
April 9, 2012 Volume 38, Page
ADJOURNMENT
The meeting was adjourned at 8:52 p.m.
Johanna Kinney, CMC David Seaward
City Clerk Mayor
(City Seal)
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