Loading...
HomeMy WebLinkAbout04232012 City Council Packet Seward City Council Agenda Packet .,,,,,,,,,, .,,, '-' , ,.„ a Alt" .. ,, ,. ., , ,.. . t ', I ,.,-. . , ,. st ''' ' '' ' '' '..1;"' '''''-- } e; � ,.. . 'Y : 4,'-. �.- _, ' is72,, rp r9' A, 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 l~u 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 ,A , ;;p. T 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 ll,, r a __ 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 4 .2-( - ') i s L NOTES: I 11• 1 Q 24' A. CMP CULVERT 1 * CI 1 % m i 1 a O 34• WIDE DRIVEWAY 1 � + . 03 40' RADIUS. TYPICAL I 1 1 1 0 SEWARD HIGHWAY-45 MPH I ; 3 WIWI I LEGAL DESCRIPTION: : �.\ t PARCEL 01 TRACT B DIECKGRAEFF- GILLESPIW L 1 REPLAT. KPB • 14502132 �. I 11 \ PARCEL ® BK R. PAGE 172, KPB • 14502133 N. 1 9WNER: N I I THOMAS W. GILLESPIE 1 1 ROAD NOD K, PO 802 1514 I 1 1 to SEWARD. AK 99664 1 / I oa s 1. to to i � � / ' \ 2 1 \. W ;; i r I I mar OF PAMOpIT I # ...CS 0 N. N . I TR B I zt - • O I u1C1 \ 4 i I 1 O . ` (n 1 I a MKT, MU To ma[ v I O 1 rx w Haar I TOO ar !LOPE MPPRWIOATO I ../.... ' uawlo>OYaTU 1 I -,—• I ' Tw amwn ■ To 4 v y ' ms a Wert Of WA O - 1 Oa rr rreoice ' mr EWE TO ms ! .1 1 8 _ W>a ...a EN[ a PAMOIOR� ROAD WWW.prR -� \' [ .. 1 1 1 1 1: ;: n . ' ® — — — — — — ' --—- - - - SEWARD HIGHWAY ODO MR. MUD. TO PROPOSED NORM MOST ACROSS ACCESS ROAE.S.AO TTr WAN* SS =EATER TVA NOA0' SRC DS7AMSES D MATER TOAD 100.04 PROJECT M0. X TM — YAWS RAAROAD *4551 EER Q OF RAT OE Dry: Wa y DATE 07 /10 /N =WES. NOTED NORM NOTED PROPOSED DRIVEWAY PLAN CERT. NOTED SCALE 1•- 4o1Y11134). 1•- ecr(It11177 9 T la t I MacSwain Associates LLC • le , Line Data g ,. .. _ - - LINE BEARING' Lfr.STANCE .• _,-.. Li J N61'29 20.00' L2 I N28'57'121 1 9000 . 1 4 : - 9 4 2& O / — L.1 N61'19 6168' 1:4 I iii9'06 , I L5 S8179 1 E 2000' Le • .S.211 .... _ . ....t...., Inui ... ....... ..... ....... tra , , t 4 . .. . , Wilt; A'omoinant 'fit .L121.r.y6. .‘ • V. I . .0.1 / • f, , . ....., -7- ,I I CI C t 8 * - • , Reliant North Parcel 1. Wm. Nicholas Cline i LS-769 rb g . , *• ..- i .., a ..„.... II ''..•' 3 / I z / I a ••• 07 4 ,. r 46 ,,,,. ............... ..... , , - 1(0 tssior40- ' :1 , -Illtassoo ' V ,, .., 0 • *"....,.. . e-.,,,--(. II ) .`. f (.1)Ii'L. I il . ... ' e , . Reliant .. ,„--7. ' 3 • south Parcel ---- .',%: ,.._ - 0 ,i Pli■ , i 6 • • o - - t . i 5 '' ''. • 4 ' , 5 €5' ,' lad tas ,C4 ,,. -., 6)%/..-- LEGEND .. ...s, Found Reber ik P1. Cop LS 7328 + Found Monument 610-S, 1964 4 ) , Q4 0 0 , , , PARCEL MAP 1 PUBLIC USE EASEMENT Unsubdivided . -;')' TR4CT 8 DIECKGRAEff-GILLESP/E REPLAr ' , ,) .11 CM' OF SEWARD ' l •r- NORTH FOREST ACRES tivEr PROJECT i 41 . . FARM NUMBER RES 017 i ._ •e• 4 , NOTES within Sedan 14 TIN. Rile, SM., .4k. I '''' 1. Boundary Location for Tract 8 is per Plot CL/NE & ASSOCIATES PO. Number 94-12, Seward Recording District BOX 2705 SEWARD, ALASXA 99664 2. Basis of Bearing is per Record of Survey to7-224-73,14 Number 2008-22, Seward Recording District 3. Driveway locations provided by Nelson Man BOOK: 08 -6 DATE. 03/72/10 and Associates. DWG:08 - 34PAR17PLIE2 SCALE: 1"-• WO' . 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. 31 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) April 2012 April 2012 May 2012 SuMo SuMo TuWe Th Fr Sa TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 Monday Tuesday Wednesday Thursday Y Friday Apr 2 3 4 5 6 7:O0pm P &Z Meeting 12:OOpm PACAB Meetin (N a a 9 10 11 1 2 13 6:OOpm CC WS; Anima 7:00pm KPB Road Sery 11:30am Seward Comm 7:OOpm City Council M m rn a a 16 17 18 119 20 [ KPB Assembley Meetii] 6:30pm Historic Preser 9:OOam Social Security o N N LD r-1 Q a 23 _— 24 25 26 27 C 1-- J 00pm City Council M) 6:OOpm P&Z WS N m N a a 30 May 1 2 3 4 v 5 m a a Nanci Richey 1 4/18/2012 12:52 PM 3a May 2012 May 2012 Th June 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Apr 30 May 1 2 3 4 7:OOpm P &Z Meeting 12:OOpm PACAB Meetin 0 m a 7 8 9 10 11 11:30am Seward Comm a 15 16 17 18 7 :OOpm City Council M > 6:OOpm P &Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:30pm Historic Preser co 2 21 22 23 24 25 N r-1 T 2 28 29 30 31 Jun 1 Offices Closed; Memor 7:00pm City Council M CO T f0 Nanci Richey 1 4/18/2012 12:52 PM 35