HomeMy WebLinkAbout07102006 City Council PacketSeward City Council
Agenda Packet 4
Boredom at the San Diego Zoo
July 10, 2006
City Council Chambers Beginning at 7:30 p.m.
The City of Seward, Alaska
City Council Meetin
July 10, 2006 7:30 p.m. Council Chambers
Vanta Shafer
Mayor
Term Expires 2007
Willard E. Dunham
Vice Mayor
Term Expires 2006
Robert Valdatta
Council Member
Term Expires 2007
Robert Thomas
Council Member
Term Expires 2007
Steve Schafer
Council Member
Term Expires 2007
Dorene M. Lorenz
Council Member
Term Expires 2006
Jean Bardarson
Council Member
Term Expires 2006
Clark Corbridge
City Manager
Jean Lewis
City Clerk
Brad Meyen
Cheryl Brooking
City Attorney
City of Seward, Alaska
July 10, 2006
1. Call to order
2. Pledge of allegiance
3. Roll call
4. Special orders, presentations and reports
A. Proclamations and Awards
B. Borough Assembly Report
C. City Manager's Report
D. City Attorney Report
E. Port & Commerce Advisory Board Report
F. Other Reports, Announcements and Presentations
1. Mile 0-8 update by DOT Project Engineer Allen
Drake
2. Presentation by VISTA Volunteer Rob Rance
5. Citizens' comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to speak. Time is limited
to 2 minutes per speaker and 30 minutes total time for this
agenda item.]
6. Approval of agenda and consent agenda [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a council member so requests. In the
event of such a request, the item is returned to the Regular
Agenda]
Council Agenda
Page 1
7. Public Hearings - None
8. Unfinished business - None
9. New Business
A. Ordinances for Introduction
*1. Ordinance 2006-05, amending Seward City Code, making the necessary changes to
Title 2, Administration, to create a Community Development Department.
A. Resolutions
*1. Resolution 2006-81, authorizing a one year contract for $449,422 with the State of
Alaska, Department of Corrections, to provide for operating the Seward
Community Jail and housing prisoners charged and/or sentenced under Alaska
statutes.
2. Resolution 2006-82, authorizing the city manager to enter into a permit agreement
with Kodiak -Kenai Cable Company, LLC for purposes of laying fiber optic cables
and related improvements across land owned by the City of Seward.
B. Other New Business Items
*1. Approval of the May 22, 2006 and June 12, 2006 regular city council meeting
minutes.
2. Schedule a work session on planning and permitting no earlier than July 17, 2006.
10. Informational items and reports (No action required)
11. Council comments
12. Citizens' comments [5 minutes per individual - Each individual has one opportunity to
speak.]
13. Council and administration response to citizens' comments
14. Executive Session
A. Go into executive session to discuss performance expectations of the city
manager. (The city manager has the option of making this executive session public.)
15. Adjournment
City of Seward, Alaska Council Agenda
July 10, 2006 Page 2
Sponsored by: Corbridge
Introduction Date: July 10, 2006
Public Hearing Date: July 24, 2006
Enactment Date: July 24, 2006
CITY OF SEWARD, ALASKA
ORDINANCE 2006-05
AN ORDINANCE AMENDING SEWARD CITY CODE, MAKING THE
NECESSARY CHANGES TO TITLE 2, ADMINISTRATION, TO CREATE
A COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, in October 1999 certain changes were made to Title 2 and Title 15 of the
Seward City Code eliminating the Community Development Department and placing community
development duties under the duties of the City Manager; and
WHEREAS, the demands for services relating to community development are such that
creating a department of community development, including a director as the principal officer of
that department, is in the best interest of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. Seward City Code Title 2 is amended to read as follows:
(4vilce = deletions; bold italic-- additions)
2.20.035 City manager duties
The city manager shall have the following duties:
1. He shall be the chief administrative officer of the council and shall perform the duties
of his office under authority of and shall be accountable to the council. He shall supervise and
coordinate the work of the appointed officers and departments of the city, except the city
attorney, city clerk and city clerk department, and he shall act as coordinator between those
officers and other administrative officers.
2. He shall sign for the city -approved contracts, leases and agreements as authorized by
the city council.
3. He may recommend the council's sale and lease of materials, property, equipment and
real estate of the city.
4. He shall negotiate such contracts and leases as the council may authorize.
5. He shall recommend to the council a schedule of fees and rates of all types of services
performed by the city departments.
6. He may recommend to the council any basic organization and plans for the city
departments and enforce changes as approved by the council.
7. He shall prescribe and enforce such rules and regulations as may be deemed necessary
for the operation and management of all offices and departments of the city under his control.
3
CITY OF SEWARD, ALASKA
ORDINANCE NO.2006-05
8. He shall submit annually a report on the preceding year's financial and administrative
activities of the city to the council.
9. He shall present to council an annual budget proposal for the city, pursuant to
§5.05.010 of the Seward city code.
10. He shall appoint the personnel officer and provide for the management and
administration of the city personnel regulations pursuant to Ordinance No. 437, as amended.
!I. He shall ra o n'd F 1 d sheft td e1pal plamiing with regard to tl,e
eity eempr-eheasive pian, !and use plan aad other- iatemA plaffs for- the use of eity Owned 1-
1-2 47 shall provide it MaRageffiefit, as Beer-difla4ed .;th etl,e- de ...-t...ents
ev�qied laads and tidelands to inelude their- use, > ,
..d platting.
12 H shall F 1 t rzeeemmend, d dmiaiste« peke;°s and p ..edu-es peftaining
:t. zoning r-eg,l.,t;.,
1 A rr shall developiffl;A_ M—ame demegr-a 4i ..d ether- e e ififeFmatiefl About
15. H shall pr-e'd to FF the field of ;tl.
e e, yr etio eAs
displays,development of eity and •
businesses,16. He shag provide stag senciees in the field ef eeeaemie develepiRofft byweFkkig with
in Seward by supp!54fig !and
> and individuals iRter-ested iff '
He t �
!:7 1. ll F lib eF plans, e rei4s .,d de me to abo .t
r-r—a
pei4ainiag;F:eell y to Seward_
4-911. He shall perform the duties as set forth in the charter.
4112. He shall perform such other duties as may be required of him by the council. (Ord.
483, § l(part), 1980; Ord. 94-49; Ord. 96-07)
Section 2. Seward City Code Title 2 is amended by adding the following code sections
to establish a community development department and describe the department powers and
duties: (strike out = deletions; bold italic-- additions)
2.25.140 Community development department — established.
There is established the city of Seward community development department. The
principal officer shall be the community development director who shall fulfill the duties and
have the responsibilities as set forth in the employee's job description and who shall be subject
to the direction and supervision of the city manager. (Ord. 660, 1991)
2.25.145 Community development department —powers and duties.
The community development department shall. -
A. Provide for long and short term and municipal planning with regard to the city
CITY OF SEWARD, ALASKA
ORDINANCE NO.2006-05
comprehensive plan, land use plan and other internal plans for the use of city owned lands;
B. Provide overall management, as coordinated with other departments, of city owned
lands and tidelands to include their use, development, lease, acquisition, sale, appraisal and
platting;
C. Formulate, recommend and administer policies and procedures pertaining to city
Zoning regulations;
D. Develop and maintain demographic and other resource information about Seward;
E. Provide staff services in the field of community promotions such as development of
city displays, graphics and brochures;
F. Provide staff services in the field of economic development by working with
businesses, groups and individuals interested in locating in Seward by supplying land use,
permitting and statistical information;
G. Maintain a reference library of plans, reports and documents about or pertaining
specifically to Seward, and
H. Provide other services and duties as directed by the city manager.
Section 3. This ordinance shall take effect 10 days following its enactment.
ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 101h
day of July, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
J
COUNCIL AGENDA STATEMENT
Meeting Date: July 10, 2006
Through: Clark Corbridge, City Manager
Agenda Item: Proposed Changes to Title 2, Administration, to
establish the Community Development Department
BACKGROUND & JUSTIFICATION:
At the September 13, 1999 meeting, Council approved Resolution 99-123
authorizing the elimination of the Community Development Department effective January 1, 2000.
At that time, the Community Development Department became a division of the Administration and
the Development Director position was eliminated. The responsibilities of the eliminated position
were divided between Administration, a Planning & Zoning Technician, and a Planning & Zoning
Clerk.
The current Administration is proposing to re-establish the Community Development Department.
The current planning staff has consistently been overwhelmed with demands, largely consisting of
applicant driven projects. Since March 2005, it has become apparent that the planning staff was
unable to meet the ongoing demands of Council. Council and Administration have identified
numerous, proactive planning goals that cannot be fulfilled without obtaining additional staff.
The position is progressive between a Range 23 to 25. The salary and benefits included will start at
$72,581.00 per year.
Administration recommends reestablishing the Community Development Department and hiring a
full-time, permanent Development Director. Administration believes this restructure is in the best
interest of the community and is essential to upgrading the responsibilities of planning operations in
the City.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE:
Funding for this position will come out of the 2006 fiscal year budget.
Approved by Finance Department
RECOMMENDATION:
Council enact Ordinance 2006- 05 making the necessary changes to Title 2, Administration, to
establish a Community Development Department and allow a new Development Director Position.
r%
U
COUNCIL AGENDA STATEMENT
Meeting Date: September 27, 1999 (Introduction)
October 11, 1999 (Enactment)
Through: Scott Janke, City Manager
Agenda Item: Proposed Changes to Title 2, Administration,
and Title 15, Planning and Land Use
Regulations, to allow for the elimination of
the Community Development Department
BACKGROUND & JUSTIFICATION:
At the September 13 meeting, Council approved Resolution 99-123 authorizing the
elimination of the Community Development Department effective January 1, 2000. The
current Community Development Department will become a division of the Administration.
The director position will be eliminated and the duties and responsibilities will be divided
between the Assistant City Manager and the Planning & Zoning Technician. A new
position, Planning & Zoning Clerk, will take over responsibility of the less complex duties
currently handled by the Planning Assistant.
The City Code contains several references to the Community Development Department.
In order for the department to be eliminated, these references must also be eliminated.
Following are the relevant sections of Title 2, Administration and Title 15, Planning and
Land Use Regulations and the proposed changes.
New text is in italics, deleted text is in strikeout.
2.20.036 City manager duties
The city manager shall have the following duties:
1. He shall be the chief administrative officer of the council and shall perform the duties of
his office under authority of and shall be accountable to the council. He shall supervise
and coordinate the work of the appointed officers and departments of the city, except the
city attorney, city clerk and city clerk department, and he shall act as coordinator between
those officers and other administrative officers.
2. He shall sign for the city -approved contracts, leases and agreements as authorized by
the city council.
3. He may recommend the council's sale and lease of materials, property, equipment and
real estate of the city.
4. He shall negotiate such contracts and leases as the council may authorize.
AMUDWC
•
DRAFT September 16,1999
5. He shall recommend to the council a schedule of fees and rates of all types of services
performed by the city departments.
6. He may recommend to the council any basic organization and plans for the city
departments and enforce changes as approved by the council.
7. He shall prescribe and enforce such rules and regulations as may be deemed necessary
for the operation and management of all offices and departments of the city under his
control.
8. He shall submit annually a report on the preceding year's financial and administrative
activities of the city to the council.
9. He shall present to council an annual budget proposal for the city, pursuant to §5.05.010
of the Seward city code.
4-2- 10. He shall appoint the. personnel officer and provide for the management and
administration of the city personnel regulations pursuant to Ordinance No. 437, as
11. He shall provide for long and short term and municipal planning with regard to the city
comprehensive plan, land use plan and other internal plans for the use of city owned lands,
12. He shall provide overall management, as coordinated with other departments, of city
owned lands and tidelands to include their use, development, lease, acquisition, sale,
appraisal, and platting,
13. He shall formulate, recommend, and administer policies and procedures pertaining to
city zoning regulations,
14. He shall develop and maintain demographic and other resource information about
Seward;
15. He shall provide staff services in the field of community promotions such as
development of city displays, graphics and brochures;
16. He shall provide staff services in the field of economic development by working with
businesses, groups, and individuals interested in locating in Seward by supplying land use,
permitting, and statistical information;
17. He shall maintain a reference library of plans, reports, and documents about or
ertaining specifically to Seward.
18. He shall perform the duties as set forth in the charter.
4} 19. He shall perform such other duties as may be required of him by the council.
(Ord. 483, § 1(part), 1980; Ord. 94-49; Ord. 96-07)
u
0
plan,comprehensive
land use plan and ether internal plans for the use of eity ewned landw,
B. Previde overall management, as eeefdinated with other departments, of eity owned
'ends and tidelands to inelude their use, development, lease-, appraisal
, sale,
and platHng:
fegulatierm,'
displays, graphies and breehuress,
and Statisbeal information;
or peg tctll III SU
if Ily to Seward-, and
15.01.030 Official maps.
A. Management. Official land use and zoning maps of 8.city
shall be
maintained by the c► and made
available for public review. Each map is adopted by reference and declared o be part of
this title in the exact form as it existed in April 1988, with all subsequent amendments
adopted by the city council. These official maps shall be the final authority as to the current
land use and zoning status of land and water areas, buildings and other structures in the
city.
CONSISTENCY CHECKLIST: Yes No
1. Comprehensive Plan
2. Strategic Plan
3. Other
4. Not applicable
FISCAL NOTE:
There is no fiscal impact of the ordinance.
Approved by Finance Department
RECOMMENDATION:
Council enact Ordinance 99- making the necessary changes to Title 2, Administration,
and Title 15, Planning and Land Use Regulations, to allow for the elimination of the
AMM004FC 9
Community Development Department as approved with Resolution 99-123.
AMM004FC (�
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$ 2.20-035 ADMINISTRATION
2.20.035 City manager duties."
The city manager shall have the following duties:
1. He shall be the chief administrative officer of the council and shall perform the duties of
his office under authority of and shall be accountable to the council. He shall supervise and
coordinate the work of the appointed officers and departments of the city, except the city attorney,
city clerk and city clerk department, and he shall act as coordinator between those officers and
other administrative officers.
2. He shall sign for the city -approved contracts, leases and agreements as authorized by the
city council.
3_ He may recommend the council's sale and lease of materials, property, equipment and real
estate of the city.
4. He shall negotiate such contracts and leases as the council may authorize.
5. He shall recommend to the council a schedule of fees and rates of all types of services
performed by the city departments.
6. He may recommend to the council any basic organization and plans for the city
departments and enforce changes as approved by the council.
7_ He shall prescribe and enforce such rules and regulations as may be deemed necessary for
the operation and management of all offices and departments of the city under his control_
8. He shall submit annually a report on the preceding year's financial and administrative
activities of the city to the council.
9_ He shallpresent to council an annual budget proposal for the city, pursuant to § 5.05.010
of the Seward city code.
10. He shall perform the duties as set forth in the charter.
11. He shall perform such other duties as may be required of him by the council.
12. He shall appoint the personnel officer and provide for the management and
administration of the city personnel regulations pursuant to Ordinance No. 437, as amended.
(Ord. 483, § 1(part), 1980; Ord. 94-49; Ord. 96-07)
2.20.040 City attorney.''
The position of city attorney is henry established and the individual appointed by council shall
have the foUowiug duties:
1. He shall advise the council and the city manager, and boards, commissions and all offices
and departments of the city, on all matters of law.
2. He shall draft and assist in the drafting of all ordinances, resolutions, contracts and
agreements to be made or entered into by the city, and approve the form of such instruments.
ie See charter § 5.4 for provisions as to the city manager; see Title 3 of this code for city
manager duties as to personnel; see § 7.10.125 for duties relating to operation of the small boat
harbor; see § 9.10.020 et seq. for city manager duties as civil defense and disaster director; see
§ 2.01.020 requiring city manager to comply with provisions of AS 39.50.
" See charter § 5.6 for provisions on the city attorney.
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ADMINISTRATION S 2.25.145
2.25.125 Parks and recreation department --powers and duties.
The parks and recreation department shall:
1. organize various recreational programs for individuals of all ages within the city;
2. coordinate recreational activities and programs with the Kenai Peninsula Borough
community schools programs and other local recreational entities;
3. maintain city recreational facilities;
4_ provide other services and duties as directed by the city manager_ (Ord. 493, § 1(part),
1980; Ord. 96-07)
2.25.130 Library department --established.
There is established the city library department. The principal officer shall be the library
director, who shall faM the duties and have the responsibilities as set forth in the employee's job
description and who shall be subject to the direction and supervision of the city manager. (Ord.
603, § 1, 1988; Ord. 96-07)
2.25.135 Library department --powers and duties.
The library department shall:
1. assemble, preserve and administer, in organized collections, books and related educational
and recreational material in order to promote the communication.of ideas and enrich the personal
lives of residents of the city of Seward;
2. organize various library programs for residents of the city of Seward;
3. consult with the Seward Community Library Association, Inc_, a nonprofit Alaska
corporation, which may serve in an advisory capacity to the library director and the city council
on matters of interest to the community with respect to the operation of the city library and its
programs;
4. manage, operate and maintain the city's hbrary facilities and programs, including materials
and collections. (Ord. 603, § 1, 1988; Ord. 96-07)
2.25.140 Community development department - establisbed.
There is established the city of Seward community development department. The principal
officer shall be the community development director who shall fulfill the duties and have the
responsibilities as set forth in the employee's job description and who shall be subject to the
direction and supervision of the city manager. (Ord. 660, 1991)
2.25.145 Community development department - powers and duties.
The community development department shall:
A. Provide for long and short term and municipal planning with regard to the city
comprehensive plan, land use plan and other internal plans for the use of city owned lands;
B_ Provide overall management, as coordinated with other departments, of city owned lands
and tidelands to include their use, development, lease, acquisition, sale, appraisal and platting;
C. Formulate, recommend and administer policies and procedures pertaining to city zoning
regulations;
D. Develop and maintain demographic and other resource information about Seward;
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§ 2.25-150 ADMINISTRATION
E. Provide staff services in the field of community promotions such as development of city
displays, graphics and brochures;
F_ Provide staff services in the field of economic development by wozldng with businesses,
groups and individuals interested in locating in Seward by supplying land use, permitting and
statistical information;
G. Maintain a reference library of plans, reports and documents about or pertaining
specifically to Seward; and
H_ Provide other services and duties as directed by the city manager. (Ord_ 660, 1991)
2.2S.00 City clerk department - established.
There is established the City of Seward city clerk department. The principal officer shall be
the city clerk who shall fulfill the duties and have the responsibilities as set forth in Section
2.20.045 of this code and who shall be subject to the direction and supervision of the city council.
(Ord. 94-49)
2.25-155 City clerk department - powers and duties -
The city clerk department shall perform the duties of the city clerk set forth in Section
2.20.045 of this code. (Ord. 94-49)
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Sponsored by: Corbridge
CITY OF SEWARD, ALASKA
RESOLUTION 2006-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A ONE YEAR CONTRACT FOR $4499472 WITH
THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO
PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND
HOUSING PRISONERS CHARGED AND/OR SENTENCED UNDER
ALASKA STATUTES
WHEREAS, the City of Seward has received a proposed one year contract from the State of
Alaska for the operation of the Seward community Jail; and
WHEREAS, the contract amount for the City of Seward is $449,472, to operate the Seward
Community Jail in accordance with the attached contract from July 1, 2006 through June 30, 2007;
and
WHEREAS, the $449,472 is a 10% increase over the FY 2005 budget; and
WHEREAS, the amount of $449,472 falls short of covering the City's direct cost by
$43,672, does not cover any of the City's indirect costs of $64,096, and does not include
compensation or reimbursement for the lease of space for the jail facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City of Seward hereby approves Resolution 2006-81, authorizing the city
manager to enter into a one year contract for $449,472 with the State of Alaska, Department of
Corrections, to provide for operating the Seward Community Jail and housing prisoners charged
and/or sentenced under Alaska Statutes.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 h day of July
2006.
THE CITY OF SEWAR% ALASKA
Vanta Shafer, Mayor
1 ��
Council Agenda Statement
Meeting Date: July 10, 2006
To: Clark Corbridge, City Manager W G To —Ob
From: Tom Clemons, Chief of Police
Agenda Item: Renewal of Jail Contract between the Department
C of Corrections and the City of Seward
BACKGROUND & JUSTIFICATION:
The city of Seward has entered into contracts with the Department of Corrections for many years and
this renewal is being presented for adoption. The State of Alaska will pay the City of Seward
$449,472 to operate the Seward community Jail in accordance with the conditions set forth in the
attached contact. This contract will be in force from July 1, 2006 through June 30, 2007.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE:
The City of Seward will receive the sum of $449,472.00 from the State of Alaska for this contract.
This is an increase of $40,860.86 from the amount the City received in FY2005. The City's FY2006
budget estimates for operating the jail were about $493,144.00. Therefore, the appropriation from
the State falls approximately $43,472.00 short of covering the direct cost of operating the jail. In
addition, the City estimates the indirect cost of operating the jail at approximately $64,096.00 and the
State does not cover this cost.
Approved by Finance Department )%Z t4�
RECOMMENDATION:
Recommend approval of Resolution 2006- $ J _, authoring the city manager to enter into a one year
contact for $449,472.00 between the City of Seward and the State of Alaska, Department of
Corrections that provides for the City of Seward to operate the Seward Community jail, and house
prisoners charged and/or sentenced under Alaska Statutes.
STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES
1. Agency Contract Number
2. ASPS Number
3. Financial Coding
4. Agency Assigned Encumbrance
2071010
2007-2000-6348
20665500-15905-76900011-73076
2071010
5. Vendor Number
6. Project/Case Number
7. Alaska Business License Number
COS84266
Community Jail: Seward
not applicable
This contract is between the State of Alaska,
8. Department of
Division
Corrections
Institutions
hereafter the State, and
9. Contractor
City Of Seward, Police Department hereafter the Contractor
Mailing Address Street or P.O. Box City State ZIP+4
PO Box 167 410 Adams St. Seward AK 99664
10.
ARTICLE 1. Appendices: Appendices referred to in this contract and attached to it are considered part of it.
ARTICLE 2. Performance of Service:
2.1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this contract,
2:2 -Appe"' sets `a �+h4he;iabikty and insuranse pre ' "—ens of this GGAIFRO. See Appendix C for indemnity and insurance related
language.
2.3 Appendix C sets forth the services to be performed by the contractor.
ARTICLE 3. Period of Performance: The period of performance for this contract begins JUIV 1, 2006 and
ends June 30, 2007
ARTICLE 4. Considerations:
4.1 In full consideration of the contractor's performance under this contract, the State shall pay the contractor a sum not to exceed
$ 449,472.00 in accordance with the provisions of Appendix D.
4.2 When billing the State, the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to:
11. Department of
Attention: Division of
Corrections
Administrative Services, Accounting
Mailing Address
Attention:
PO Box 112000, Juneau, AK 99811-2000
Mary Engdahl (ph. 907-465-3478)
12. CONTRACTOR
14. CERTIFICATION: I certify that the facts herein and on supporting
documents are correct, that this voucher constitutes a legal charge
Name of Firm
against funds and appropriations cited, that sufficient funds are
City of Seward
encumbered to pay this obligation, or that there is a sufficient balance
in the appropriation cited to cover this obligation. I am aware that to
Signature of Authorized Representative
Date
knowingly make or allow false entries or alterations on a public
record, or knowingly destroy, mutilate, suppress, conceal, remove or
otherwise impair the verity, legibility or availability of a public record
Typed or Printed Name of Authorized Representative
constitutes tampering with public records punishable under AS
Clark Corbridge
11.56.815-.820. Other disciplinary action may be taken up to and
including dismissal.
Title
City Manager (ph. 907-224-3338; fax 907-224-8480)
13. CONTRACTING AGENCY
Signature of Head of Contracting Agency or Designee
Date
Department/Division
Date
Corrections / Institutions
Signature of Project Director
Typed or Printed Name
Sharon Frascati
Typed or Printed Name of Project Director
Title
Leitoni Tupou
Procurement Officer
Title
Director, Division of Institutions (ph. 907-269-7409)
NOTICE: This contract has no effect until signed by the head of contracting agency or designee.
02-093 (12/03/02)
SAF.DO(
APPENDIX A
GENHRAI. PROVISIONS
Article 1. Definitions.
IA in this contract and appendices, "Pmject Nmetor" or "Agency Head" or "Procumnent Officer" means the person who signs ]his contract on bebalf of the Requesting Agency and includes a
successor or authorized representative.
1.2 "State Contracting Agency" means to department for which this contract is to be performed and for which the Commissioner or Authorized Designee acted in a signing this contract.
Article 2. inspection and Reports.
2.1 The department only inspect, in the manner and at reasonable limes it considers appropriate, all the contractor's facilities and activities under this contract.
2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.
Article 3. Disputes.
3.1 Any dispute concerning a question of fact arising under this contract which is not disposed of by ruin*] agreement shall be decided in accordance with AS 36,30.620-632.
Article 4. Equal Employment Opportunity.
4.1 The contractor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, disability, sex, marital status. change!
in marilal status, pregnancy or parenthood when die reasonable demands of the position(s) do not require distinction on the basis of age, disability, sex, marital status, changes in marital status,
pregnancy, or parenthood. The contractor shall take affirmative action to insure that the applicants are considered for employment and that employees are treated during employment without
unlawful regard to their race, color, religion, national origin, ancestry, disability, age, sex, marital status, changes in marital status, changes in marital status, pregnancy or parenthood. This
action must include, but need not be limited an, the following: employment, upgrading, demotion, transfer, recmimmern or recruitment advertising, layoff or termination, rates ofpay or other
forms of compensation, and selection for training including apprenticeship. 'rim contractor shall post in conspicuous places, available to employees and applicants for employment, notices
setting out the provisions Of this paragraph.
4.2 Tic contractor shall state, in all solicitations or advertisements for employees to work on Slate of Alaska contract jobs, that it is an equal opportunity employer and that all qualified applicants
will receive consideration for employment without regard to race, religion, color, national origin, age, disability, sex, marital status, changes in marital status, pregnancy or parenthood.
4.3 The contractor shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising
the labor minion or workers' compensation representative of the contractot"s conmmiinnnis tinder this article and post copies of the notice in conspicuous places available to all employees and
applicants for employment.
4.4 Tin contractor shall include the provisions of this article in every contract, and shall require the inclusion of these provisions in every contract entered into by any of its subcontractors, so that
those provisions Mil be binding upon each subcontractor. For the i upose of including those provisions in any contract or subcontract, as required by this contract, "contractor' and
"subcontractor" may be changed to reflect appropriately the name or designation of the parties of the contract or subcontract.
4.5 The contractor siail cooperate fully with State efforts which seek to deal with the problem of unhawrul discrimination, and with all other Stale efforts to guarantee fair enrploynnea practices
order this contract, and promptly comply with all requests and directions front the State Commission for Hunan Rights or any of its officers or agents rotating to prevention of discriminatory
employntent practices.
4.6 Pull cooperation in paragraph 4.5 includes, but is not limited to, being a witness in any proceeding involving questions ofuntawful discrimination if that is requested by any official or agerrcy of
lice State of Alaska; permitting employees of the contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrinthation, if that is requested by any official
or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and inure employment assisting inspection of the
contractors facilities; and promptly complying with all Stan; directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and State laws,
regulations, and policies pertaining to the prevention of discriminatory employment practices
-
4.7 Failure to perform under this article constitutes a material breach of fine contract.
Article 5. Termination.
'fie Project Director, by wriltent notice, may terminate this contract, in whole or in part, when it is in the best inlerest of the Stale. The State is liable only for paynncnt in accordance with tic payment
provisions of this contract for services rendered before the effective date oftermination.
Article 6. No Assignmeut or Delegation.
'rile contractor may act assign or delegate this contract, or any part of in, or any right to any of the nmoney to be paid under if, except with the written consent of the Project Director and the Agency Ilead,
Article 7. No Additional Work or Material.
No claim for additional services, not specifically provided in this contract, performed or furnished by tic contractor, will be allowed, nor may the contractor do any work or famish any material not covered
by the contract unless file work or material is ordered in writing by the Project Director and approved by the Agency Head,
Article 8. Independent Contractor.
The contractor and any agents and employees Orrin contactor act in an independent capacity and are not officems or employees or agents of the State in tin performance of this wntrlia
Article 9. Payment of Taxes.
As a condition of performance of this contract, the contractor shall pay all federal, State, and local taxes incurred by the contractor and shall require their payment by any Subcontractor or any other persons
in the performance of this contract. Satisfactory performance of ibis paragraph is a condition precedent to paynmeat by the State under this contract.
Article 10. Ownership of Documents.
All designs, drawings, specifications, notes, artwork, and other work developed in the person ance of this agreement are produced for hire and remain file sole property of the State of Alaska and may be
used by the State for any other purpose without additional compensation to the contractor. The contractor agrees not to assert any rights and not to establish any claim under (lie design patent or copyright
laws. 'flu contractor, for a period of three years after final payment miler this contract, agrees to furnish and provide access to all retained materials at the request of tln Proicet Director. tlnless otherwise
directed by Ili Project Director, the contractor may retain copies of all the materials.
Article 11. ' Governing Law.
This contract is governed by to laws of the Slate of Alaska. All actions concerning this contract shall be brought in the Superior Court of tin Slate of Alaska.
Article 12. Conflicting Provisions.
Unless specifically amended and approved by the Deparbneut oflaw the General Pro%isios oftbis contract supersede any provisions in other appendices.
Article 13. Officials Not to Benefit.
Contractor must comply with afl applicable federal or Stale laws regulating ethical conduct of public officers and employees.
Article 14. Covenant Against Contingent Fees.
'rise contractor warrants that no person or agency has been employed or retained to solicit or secure ]his contract upon an agreement or understanding for a commission, percentage, brokerage o contingent
fee except employees or agencies naintained by the contractor for the purpose ofsecuring business. For the breach or violation of this wanamy, the State illy terminate this contract without liability or in it
discretion deduct from tin contract price or consideration the full anown of the c000nission. pemcntage. brokerage or contingent fee. BACK 02-093 (0410"3)
1 e
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAILS SERVICES
July 1, 2006 through June 30, 2007
Appendix C
General Terms
Parties
The parties to this contract are the Alaska Department of Corrections, and the Borough/City of
Seward, herein referred to as the "Borough/City".
1. Services
This is a contract for the Borough/City to operate a jail facility and hold prisoners in accordance with
this contract and The Standards for Jail Operations adopted by the Governor's Task Force on
Community Jails (November 18, 1994 edition), hereafter referred to as "The Standards".
The Standards and the final report of the Governor's Task Force are attached as Appendix E to this
contract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter
13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any
legal proceeding to establish a "duty of care", or evidence of a legal duty to any person or entity.
Rather, these standards were and are intended:
a. as a statement of professional goals to be achieved;
b. to promote recognition of needed improvements, both as to facilities and operations;
C. to promote efficiency; and
d. to encourage professionalism in the operations of Alaska jails.
As used in this contract, "community jail administrator" has the meaning given in Chapter 13 of The
Standards.
As used in this contract, "prisoner' has the meaning given in AS 33.30.900, and specifically
excludes persons detained under authority of AS 47. This contract allows the Borough/City to hold
persons detained under AS 47 in its jail facility, however the Department is authorized to, and will
not, compensate the Borough/City for any direct or indirect costs related as AS 47 detainees,
including medical or transportation costs.
2. Sole Agreement
This contract is the sole agreement between the parties relating to jail services. There are no other
agreements, expressed or implied.
3. Effective Date/Termination/Amendments
This contract is effective July 1, 2006 and continues in force through June 30, 2007 except that it
may be terminated by either party upon ninety (90) days written notice from the terminating party.
Contract amendments can be incorporated through appendices or attachments mutually agreed
upon and signed by both parties.
-2000-6348 / 2071010
Seward Community Jail
4. Responsibilities of the parties
General Responsibilities of the Borough/City
The Borough/City Shall
a. Operate a facility for the care and confinement of prisoners in accordance with this
contract and with goals set out in The Standards, including any additions or deletions
to The Standards by the Commissioner of Corrections following notice to all
community jail administrators and an opportunity to comment.
b. Comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88-35-42 USC
secs. 2000e-2 and 2000e-3) and Federal regulations implementing the act in the
hiring and treatment of its employees and will not subject any prisoner to
discrimination on the grounds of race, creed, color, religion, national origin, sex.
C. Permit reasonable visitation for prisoners as set out in The Standards. A record or
log of all prisoner visitors will be kept indicating date, time and identity of each visitor.
d. Protect prisoner property by taking proper precautions and providing the necessary
policies and procedures to protect the property from loss or destruction.
e. Not accept a prisoner into the facility under this contract if the person is unconscious
or in immediate need of medical attention, and shall not be entitled to reimbursement
for immediate medical services provided to such a person. The Borough/City shall
provide necessary medical care for prisoners accepted into the facility under this
contract, and shall be entitled to reimbursement by the Department for the cost of
such care, per Section C6 of this contract.
Immediately notify the Department of Corrections, the nearest post of the Alaska
State Troopers, and any police agencies in the general vicinity of the jail facility if a
prisoner escapes or leaves the premises of the facility without authority. The
Borough/City shall make every reasonable effort to return the prisoner to the facility
without cost to the Department of Corrections, as long as there are reasonable
grounds to believe the prisoner is within the Borough/City limits.
g. Adopt and enforce rules concerning smoking by prisoners and staff consistent with
State statutes and regulations, keeping in mind the health and welfare of all
prisoners and staff personnel.
Maintain prisoner records showing the prisoner's time served, the date and time the
prisoner was booked in, the date and time of changes to custody, notations about the
prisoner's institutional adjustment, and records of medical and dental treatment.
These prisoner records must be in a prisoner's file when they are transferred from
the community jail facility to another state correctional facility.
Immediately, but, in no event more than 24 hours following receipt of notice, report to
the Department of Corrections all claims concerning the jail facility that could
foreseeably affect the legal liability of either party to this contract and cooperate with
the Department of Corrections in the defense and/or settlement of the claim.
#2007-2000-6348 / 2071010
Community Jail
i�
Purchase and maintain in force at all times during the performance of services under
this agreement the policies of insurance listed in the contract. Where specific limits
are shown, it is understood that they shall be the minimum acceptable limits. If the
Borough's/City's policy contains higher limits, the State shall be entitled to coverage
to the extent of such higher limits.
k. Provide current certificates of insurance to the Department of Corrections prior to the
performance of services under this contract and shall provide for a 30-day prior
notice of cancellation, non -renewal or material change to any insurance policy.
Failure to furnish satisfactory evidence of insurance or lapse of the policy is a
material breach and grounds for termination of the Borough/City's services.
Provide and maintain Worker's Compensation Insurance as required by
AS 23.30.045 for all employees engaged in work under this contract. The
Borough/City shall be responsible for insuring that any subcontractor who directly or
indirectly provides services under this contract will maintain Worker's Compensation
Insurance. Coverage must include all states in which employees are engaging in
work and must include employers liability protection of not less than $100,000.00 per
person and $100,000.00 per occurrence.
m. Provide and maintain comprehensive general liability insurance, with a combined
single limit per occurrence of not less than $1,000,000.00 covering activities
associated with or arising out of this contract, to include jail keeper's legal liability
coverage. The State shall be added as an additional insured under such policies.
The Borough/City shall be solely responsible for the payment of claims or losses to
the extent they fall within the deductible amount of such insurance. This insurance
shall be primary to any other insurance or self insurance carried by the State.
n. Provide and maintain comprehensive automobile liability insurance, covering all
owned, hired and non -owned vehicles used during the provision of services under
this contract with coverage limits not less than $100,000.00 per person, $300,000,00
per occurrence bodily injury and $50,000.00 property damage.
o. Provide a monthly accounting of prisoner statistics by the 151h day of the month
following the monthly period covered on forms provided by the Department of
Corrections. The forms shall include specific information on each prisoner housed
during the reporting period to include the prisoners name, the number of man -days,
the charge or reason for incarceration, the dates of incarceration, the arresting
agency and other information as requested on the forms.
"Man -day" indicates a prisoner was confined for more than four (4) hours in one
twenty-four hour calendar day. If a prisoner had been confined for less than or equal
to (4) hours in one calendar day, the accounting shall indicate one-half man -day.
p. Not operate furlough or release programs for pre -sentenced prisoners held, unless
ordered by a court. The Borough/City shall not permit a furlough or release for any
sentenced prisoners without the consent of the Department of Corrections.
q. Community Jails accessing the Agency's Offender Tracking Information System
(OTIS) will require all jail personnel using the OTIS System to undergo a DOC
security check. The Community Jail Administrator will submit the following
information for each person accessing the OTIS System for security review by DOC:
#2007-2000-6348 / 2071010 5 Seward Community Jail
>� 1
(1) Full name
(2) Residence address
(3) Telephone
(4) Date of birth
(5) Valid drivers license and state of issue, or other photo identification
(6) Social Security number
The Jail Administrator, with assistance from the Community Jail Coordinator, will
develop Policy and Procedures for monitoring jail staff to ensure system security,
confidentiality and the use of the OTIS System only for Community Jail business.
The Jail Administrator will immediately notify the Community Jail Coordinator if jail
staff with access to the OTIS System leave their employment.
Community Jails will be responsible for ongoing telecommunications costs such as
line charges, connection fees and Internet service provider fees, etc.
5. General Responsibilities of the Department of Corrections
The Department of Corrections shall:
a. Reimburse the Borough/City for necessary medical care under section C6 of this
Contract.
b. Not be responsible for the management of local jail facility prisoner population. It is
the policy of the Department of Corrections to detain and confine only prisoners from
the normally serviced region of the respective facilities. However, in the case of an
emergency or for necessary population or security management purposes, prisoners
may be transferred from other areas of the State. Conversely, for the same
purposes, prisoners may be transferred from the respective facilities to other areas of
the State.
C. Through the Division of Risk Management, provide excess legal liability coverage
from claims directly resulting from the Borough/City's services under this contract,
that are covered by the primary jail keeper's legal liability policy carried by the
Borough/City, excluding any damages awarded as a result of intentional or malicious
misconduct, criminal conduct, or outrageous conduct on the part of the Borough/City
or its employees or agents. The state will provide coverage of $4,000,000.00 excess
of $1,000,000.00 per occurrence and annual aggregate as an excess insurer. All
conditions of the primary jail keeper's legal liability policy are considered a part of this
excess liability protection. As an additional condition precedent to this excess liability
coverage, the Borough/City agrees to immediately report to the State all claims that
could foreseeably penetrate to this excess policy level and cooperate with the State
in the defense and/or settlement of the claim.
d. Be permitted to inspect, at all reasonable times, any facility used by the Borough/City
to house prisoners that are confined, in order to determine if that facility is complying
with The Standards and with this agreement.
#2007-2000-6348 / 2071010 6 Seward Community Jail
e. Provide on -going technical assistance and training for community jails requesting
access to the OTIS System. The Department of Corrections will conduct security
checks, with information provided by the Jail Administrator, for all jail staff requesting
access to the OTIS System. All related telecommunications charges (such as
telephone company lines fees or tolls and internet service provider fees, or special
charges for initial line installation) will be the responsibility of the community jail.
6. Medical and Dental Care and Reimbursement
The Borough/City shall:
a. Provide necessary medical care to prisoners accepted into the community jail facility
under this contract. Prisoners who require medical attention are to be provided
treatment as soon as possible, taking into consideration the nature of the illness or
injury. If medical care is provided outside of the jail facility, the community jail
administrator shall provide necessary security as required by paragraph 7a of this
contract.
As used in this contract, "necessary medical care" has the meaning given in Chapter
13 of The Standards. If requirements of this definition are otherwise met, the
following are included within the term "necessary medical care" and subject to
reimbursement:
(1) psychological or psychiatric care; and
(2) dental care to:
L control bleeding;
ii. relieve pain;
iii. eliminate acute infection;
iv. prevent pulp decay and imminent loss of teeth through operative
procedures; and
V. treat injuries to teeth or repair supporting dental structures,
caused by accident or injury.
Maintain control of and dispense medicines to prisoners in compliance with The
Standards and directions specified by a physician or other qualified health care
provider, and take reasonable steps to guard against misuse or overdose of
medicines by prisoners.
C. Adopt emergency medical procedures and make available telephone numbers for
medical, psychiatric, or other health services, so that staff will have ready access to
such information.
d. Obtain approval from the Department before incurring liability for medical care which
reimbursement is sought, except in the case of emergency care that must be
provided to the prisoner before approval from the Department of Corrections can be
obtained. The Borough/City shall make a reasonable effort to obtain approval from
the Department of Corrections and shall promptly, but in no event later than the next
working business day, notify the Department of Corrections of any emergency for
which medical care was provided before such approval could be obtained. Approval
from the Department of Corrections will not be unreasonably withheld.
#2007-2000-6348 / 2071010 7 Seward Community Jail
n
To obtain approval Borough/City staff should contact the Department of Corrections
Central Office during normal working hours Monday through Friday 8:00am to
4:30pm at (907) 269-7300, after hours, weekends and holidays contact the
Anchorage Correctional Complex Medical Unit at (907) 269-4233.
e. Be entitled to reimbursement from the Department of Corrections for expenses of
necessary medical care provided under paragraph 6a and approved under
paragraph 6d. In applying for reimbursement, the Borough/City must follow the
procedure set out in paragraph 6f. The Borough/City will not be entitled to
reimbursement for the hiring of emergency guards or other medically related security
costs, or for medical care for persons
(1) held under the authority of AS 47,
(2) accepted into the facility while unconscious or in immediate need of medical
attention,
(3) receiving medical services for elective, cosmetic or other medical services
that are not necessary medical care, or
(4) not approved by the Department under paragraph 7d.
Medical services provided to prisoners who have been properly accepted into the
Borough/City jail facilities under this contract shall not, however, be challenged by
the Department merely because they were rendered immediately or shortly after the
prisoner was accepted.
Request reimbursement by submitting to the Department of Corrections a properly
certified accounting containing:
(1) a copy of the medical bill with the prisoner's name and a description of the
services rendered,
(2) a copy of the monthly booking form showing the prisoner's date and time of
booking, and
(3) a copy of the medical payment request form
The community jail administrator will make reasonable effort and take appropriate
steps to assure that the Department of Corrections is billed only for necessary and
required medical services beyond the payment limits of the prisoner or any insurance
carrier or other third -party payer.
7. Transfers and Transportation of Prisoners
The parties agree that:
The Borough/City shall provide transportation and supervision of prisoners within
local boundaries when the prisoners are outside of the jail facility, other than
pursuant to court -ordered release. Supervision must be adequate to prevent
escapes, prevent inappropriate contact with others, prevent possession of
contraband and provide security for the prisoner and the public.
#2007-2000-6348
Seward Community Jail
b. The Borough/City shall immediately notify the Department of Corrections to request
that a prisoner be transferred from the facility to one outside of local boundaries
because;
(1) a court has ordered the transportation;
(2) the prisoner has been incarcerated in the facility for 30 consecutive days,
unless a court has ordered that the prisoner remain in the facility or the
prisoner has signed a written waiver requesting to remain in the facility; or
(3) the community jail administrator believes a transfer is necessary for security
or population management reasons.
C. The Borough/City shall continue to hold prisoners, notwithstanding the existence of
grounds for a transfer, until the Department of Corrections arranges transportation
for the prisoner.
d. The Department of Corrections
(1) may contact the Department of Public Safety to make arrangements for the
transportation of prisoners requested under paragraphs 7b(1) or (2), or may
request the community jail administrator to directly contact the Department of
Public Safety to make transportation arrangements; and
(2) will contact the Department of Public Safety to make arrangements for the
transportation of prisoners requested under paragraph 7b(3) when the
Department finds that it can reasonably accommodate the request and the
community jail administrator clearly demonstrates to the satisfaction of the
Department that the transportation is necessary and that it will not interfere
with the prisoner's attendance at legal proceedings or create any undue
hardship on the prisoner. The Department will not unreasonably deny a
request for transfer under this subsection.
e. The Borough/City shall, when the prisoner leaves the facility, furnish the transporting
officer with the prisoner's file described in paragraph 4h of this agreement.
#2007-2000-6348 / 2071010 9 Seward Community Jail
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAIL SERVICES
July 1, 2006 through June 30, 2007
Appendix D
Payment Provisions
1. The total contract amount for the Borough/City of Seward is $449,472.00 for the period from
July 1, 2006 through June 30, 2007 and represents the total payment due. 14 Beds
2. The Department of Corrections will pay the Borough/City one quarter of the amount
specified above, Appendix D paragraph 1, on the first day of each quarter of the fiscal year.
3. It is specifically agreed by the parties that the Department of Corrections is not funded for
and will not provide annual in-service training as set out in Section 10.01 of The Standards,
unless funding is provided by the Alaska Legislature or the Borough/City.
4. The Borough/City shall be prohibited from utilizing funds received under this contract for any
purpose other than operation of community jail facility, Any funds received by the
Borough/City under this contract that are utilized for purposes other than those authorized
by this contract shall be reimbursed to the State and deposited to the general fund.
GAContracts1FYOACommunity JailWy07 contractslSeward-n.doc
#2007-2000-634812071010 10 Seward Community Jail
Appendix List:
A General Provisions
See Appendix C for indemnity and insurance related
language
C General Terms
D Payment Provisions
• D2 breakdown of funding
E State of Alaska, Community Jails Program: Standards for Jail Operation
As produced and adopted by the Governors Task Force on Community Jails,
November 1994
#2007-2000-6348 / 2071010 11 Seward Community Jail
r.n
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAIL SERVICES
July 1, 2006 through June 30, 2007
Borough/City of Seward
Appendix D2
The following is a breakdown of the total contract amount for FY2007 for the indicated facility. The
contract requires that the funding be used only for the operation of the jail facility and not for any
other purpose. It also requires an accounting to specific line items within the jail facility budget.
These are the areas intended to be funded by the total contract amount for each fiscal year, unless
otherwise amended:
Personnel
Position Annual Salary % 12 Month Cost
Jail Supervisor
55,476.00
100
55,476.00
CJO
44,475.00
100
44,475.00
CJO
47,053.00
100
47,053.00
CJO
44,475.00
100
44,475.00
CJO
36,013.00
100
36,013.00
CJO
1 45,462.00
100
45,462.00
$� 272,954.00�
Non -Personnel
Item
12 Month Cost
Utilities
6,466.74
Telephone
945.06
Insurance
2,361.95
Vehicle
2,400.00
Publications
180.97
Supplies
8,600.00
Food
25,360.00
Unallocated
8,000.00
$
54,314.72
Summary
12 Month Contract
Amount
Personnel Costs
272,954.00
Non -Personnel
Costs
54,314.72
Subtotal
327,268.72
Admin Overhead
44,195.95
Total $
371,464.67
Note: +10% for FY2006 37,146,47
FY 2006 Contract Total $ 408,611.14
+ 10% increase for FY07 40,860.86
FY2007 Contract Total: $449,472.00
#2007-2000-6348 12071010 12 Seward Community Jail
Sponsored by: Corbridge
CITY OF SEWARD, ALASKA
RESOLUTION 2006-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PERMIT AGREEMENT WITH KODIAK-KENAI CABLE COMPANY, LLC
FOR PURPOSES OF LAYING FIBER OPTIC CABLES AND RELATED
IMPROVEMENTS ACROSS LAND OWNED BY THE CITY OF SEWARD
WHEREAS, Kodiak -Kenai Cable Company, LLC, an Alaska limited liability company ("KKCC")
has requested permission to cross City land for purposes of constructing, laying, operating,
maintaining, replacing and removing fiber optic cables and incidental improvements; and
WHEREAS, the permission granted by the City applies to City land described in the attached
Permit Agreement, whether now owned or to be effective when such land is acquired by the City
during the term of the Permit Agreement; and
WHEREAS, the permit area covers substantially the same non-exclusive permit area as for GCI
Communication Corp ("GCI") 2003 Permit and GCI has consented to KKCC's similar permitted use
of the area; and
WHEREAS, the City and KKCC agree to the terms and conditions as outlined in the attached
Permit Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to enter into a Permit Agreement with Kodiak -
Kenai Cable Company, LLC ("KKCC"), to be effective upon approval of this resolution, signing by
the parties, and payment of fees, and continuing until August 31, 2031 with two subsequent 5 year
renewal periods in such form as substantially described in the accompanying permit.
Section 2. For purposes of this Resolution, the Council determines that KKCC may be
considered a public utility.
Section 3. This Resolution shall take effect immediately upon its adoption.
u
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this loth
day of July, 2006.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
Meeting Date:
From:
COUNCIL AGENDA STATEMENT
July 10, 2006
7-3�� _
Agenda Item: Authorizing the City Manager to enter into a
permit agreement with Kodiak -Kenai Cable
Company, LLC for purpose of laying fiber optic
cables and related improvements across land
owned by the City of Seward.
Clark Corbridge, City Manager
BACKGROUND & JUSTIFICATION:
Attached is a permit to allow Kodiak -Kenai Cable Company, LLC, an Alaska limited liability
company ("KKCC") to cross City of Seward lands for installation of a submarine cable in support of
the fiber optic cable project that is part of five segments: (1) Anchorage to Kenai; (2) Kenai to
Homer; (3) Homer to Kodiak; (4) Kodiak to AADC Launch Facility at Narrow Cape; and (5) AADC
Narrow Cape to Seward. The purpose of the cable is to provide the first fiber optic link connection
for Kodiak Island, Homer, and Kenai to current fiber optic links in the lower 48 states. This
document has been prepared as a permit rather than an easement to eliminate possible concerns about
conflicting charter and ordinance provisions relating to the grant of easement interest. This permit is
substantially similar to a non-exclusive Permit approved by Resolution 2003-111 for GCI
Communications Corp ("GCI") and will cover two of the three permit areas covered by the GCI
permit. GCI has agreed to shared use of the permitted areas.
Passage of the resolution authorizes the permit for 25 years with the right to extend for two
additional five year periods. The permit area covers permit areas No. 1 and No. 3 attached and
consists of slightly less than 1 /4 of an acre including City tide and submerged lands and a small piece
of land conveyed by BLM to the State of Alaska Department of Natural Resources ("DNR") which in
turn was conveyed to the City by DNR and is included as part of this permit. This permit area
extends off shore to the east of the waterfront campground and into the undeveloped portion of
Monroe Street utilizing an existing man hole under agreement with GCI. This cable runs to a one
story structure currently being built at the intersection of Resurrection Boulevard and the Seward
Highway. Right-of-way permits will be applied for as needed.
The term of this lease is for 25 years or August 31, 2031 and the fee paid by KKCC to the City is a
Jump sum payment of $75,000. In the event the KKCC extends the initial term by exercising the
options for the five year periods, KKCC shall pay an increased amount based on the increase
between 2006 and 2031 in the consumer price index (CPI). The annual permit fee for the second
five year period shall be the increased CPI between 2031 and 2036. KKCC will also cover City legal
fees expected to be $3,500.
CONSISTENCY CHECKLIST:
YES NO
2.
3.
4.
Comprehensive Plan
Strategic Plan
Other
Not applicable
X
FISCAL NOTE:
Revenues include $3,500 paid for City attorney fees as well as a lump sump payment of $75,000
which is the present worth of $5,000 per year at 4% annual increase, discounted by 5% with no
further expenses by the City. Any extensions in the permit period will require additional payment
based upon the CPI.
Approved by Finance Department: I s! -% _ t-Lch�
RECOMMENDATION:
Council approve Resolution 2006-82, authorizing the City Manager to enter into a permit agreement
with Kodiak -Kenai Cable Company, LLC for the purpose of laying fiber optic cables and related
improvements across land owned by the City of Seward.
PERMIT AGREEMENT
THE CITY OF SEWARD, ALASKA, a municipal corporation located in the Kenai
Peninsula Borough, State of Alaska ("Grantor"), whose address is P.O. Box 167,
Seward, Alaska 99664, for and in consideration of the mutual promises set forth in this
Permit Agreement (the "Permit"), does hereby grant to KODIAK-KENAI CABLE
COMPANY, LLC, an Alaska limited liability company ("Grantee"), whose address is
2702 Denali Street, Suite 100, Anchorage, Alaska 99503, for the term hereof a non-
exclusive permit for the purpose of constructing, laying, operating, maintaining,
repairing, reconstructing, using, replacing and removing fiber optic cables and all
incidental improvements thereto ("Cable") together with the right of ingress to and
egress across adjacent tidelands property owned by Grantor (the "Tidelands"), on,
under, over, across and through the following described real property (the "Permit
Area) located in the Seward Recording District, Third Judicial District, State of Alaska,
more particularly described as follows:
See attached "EXHIBIT A" incorporated by this reference. Only Permit
Areas 1 and 3 described in Exhibit A are covered by this Permit.
Grantee acknowledges that Grantor does not currently own fee title to all of the area
described in Exhibit A, and that this Permit is effective only for the land area owned by
the City or obtained by the City during the term of this Permit. Upon Grantor receiving
fee interest in such land, this Permit shall be deemed to convey all rights described in
this Permit to Grantee without further consideration or amendment.
1. Term. This Permit shall commence upon the effective date of a Resolution
authorizing the Permit and shall continue until August 31, 2031 (the "Term"). Grantee
shall have the right to extend the initial term of this Permit for two additional five year
periods; provided that: Grantee is not in default in any term or condition of this Permit,
and Grantee gives Grantor written notice of renewal at least thirty (30) days prior to the
expiration of the current term.
2. Plans. Prior to commencing any work in the Permit Area, Grantee shall submit to
the Grantor for prior approval a detailed plan of installation for the Cable and plan of
restoration for the Tidelands and Permit Area following construction and installation of
the Cable. Such plans shall include, but not be limited to, erosion control and shoreline
protection measures. Depth of the Cable, encasement and fill shall be subject to prior
approval of the City Engineer.
3. Consideration. Consideration paid by Grantee shall be as described in this
paragraph.
A. Initial Permit Fee. The initial Permit fee paid to the Grantor, receipt of
which is hereby acknowledged, is $3,500.
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B. Permit Fee. For the term beginning the effective date of this Permit until
August 31, 2031, the Permit fee paid to the Grantor, receipt of which is
hereby acknowledged, is $75,000.00 as a lump sum.
C. Option Years Annual Permit Fee. In the event Grantee extends the initial
term by exercising the options for the five year periods, Grantee shall pay
an annual Permit fee. The annual Permit fee for the first five year period
shall be $5,000 times the increase between August 31, 2006 and August
31, 2031 in the Consumer Price Index (CPI) for Anchorage, Alaska, all
items (Base Period 1982 —1984 =100), not seasonally adjusted, published
each August by the U.S. Department of Labor, Bureau of Labor Statistics,
The annual Permit fee for the second five year interval shall be increased
by the change in the CPI between August 31, 2031 and August 31, 2036,
if and to the extent that the index has increased over that five year period.
Should the Bureau of Labor Statistics discontinue publication of the above
index, or materially alters the method or timing of publication, Grantor and
Grantee shall adopt a substitute government index or procedure that
would obtain substantially the same result as if the index had not been
discontinued or materially altered. The annual Permit fee shall be payable
annually in advance on or before August 31 of each year.
4. Restoration of City Property. In lieu of a bond, Grantee has provided the
Grantor with a letter of fiscal responsibility of its financial ability to pay for
restoration of City property after construction. Grantee agrees to restore all
affected city property and public areas after completion of the construction, or, if
Grantee fails to complete the restoration within a reasonable time following written
notice from the Grantor, Grantee will pay the Grantor or its contractors the reasonable
costs and fees, including legal and administrative costs and fees incurred in enforcing
this Permit, of restoring the Tidelands and Permit Area to Grantor's satisfaction.
5. As -Built Survey. Within one hundred eighty (180) days from the date of the
Cable landing the Grantee, at its sole cost and direction, will deliver to Grantor an as -
built survey of the Permit Area in recordable form, prepared by a registered land
surveyor.
6. Locates. For locates within the intertidal zone and above mean high water,
Grantee will provide Cable locates on an on -call basis for emergency situations, and
within 48 hours as specified in state utility law for all other locates required by the
Grantor. For locates of the submarine cable below mean low water, Grantee will
provide a locate within 15 days after notice by Grantee or at a mutually agreeable time.
7. Coordination of Activities. Except in emergency, Grantee shall provide Grantor
at least five (5) days prior written notice of its intent to enter upon the Tidelands and
Permit Area to commence any construction, laying, removing, repairing or replacing of
the Cable. In the event of an emergency (including, without limitation, periods during
which the Cable is out of service) Grantee may immediately act to enter upon the
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Tidelands and Permit Area to take all necessary and reasonable steps to address the
emergency.
8. Use of the Permit Area by Grantor and Third Parties. During the Term, Grantor
shall not grant any easement, enter Into any lease, or otherwise provide any third party
with any right to occupy, use, possess or otherwise enjoy all or any portion of the Permit
Area if the exercise of any such right might interfere in any manner with the rights and
privileges granted to Grantee in this Permit. In no event shall Grantor or any third party
excavate any portion of the Permit Area or construct or maintain any building or
structure on any portion of the Permit Area except with prior permission of Grantee
which shall not be unreasonably withheld.
9. Relocation of Cable. In the event the Permit Area above the line of mean high
water, Permit Area 3 as described in Exhibit A, is required for capital projects or
construction by the Grantor, and subject to Grantee's right to receive reimbursement of
relocation costs if grant or project funding is available for utility relocation, Grantee
agrees to relocate its Cable within the Permit Area 3 at Grantee's expense provided
that:
A. For capital projects Grantor shall permit Grantee to use adjacent City
lands in the immediate vicinity for relocation of the Cable and Grantor shall
provide to Grantee a written notice one-year in advance of the time for
relocation.
B. For future City of Seward improvements and for maintenance, operation
and repair of existing utilities requiring minor relocation within the existing
right of way which can be accommodated with installed slack fiber optic
cable, the Grantor will provide reasonable written notice under the
circumstances.
10. Termination. After the following -described notice and opportunity to cure
periods, Grantor shall have the right to terminate the Permit for noncompliance with the
Permit conditions or any lawful requirement imposed by a regulatory agency of this
state which is applicable to the Permit or upon abandonment by Grantee. In the event
Grantee fails to comply with the Permit conditions or applicable regulatory agency
requirements, Grantor shall not be entitled to terminate this Permit for noncompliance of
Permit conditions or any requirement until such time as Grantor has notified Grantee in
writing and Grantee has had an opportunity to cure the alleged violation. Grantee shall
have forty-five (45) days from the date of receipt of the written notice within which to
address and correct the alleged violation, unless a cure cannot be effected within forty-
five (45) days despite the exercise of reasonable diligence, in which case Grantee shall
have such additional time to effect a cure as may reasonably be required, so long as
curative action is commenced within fifteen days and pursued with reasonable diligence
thereafter. If Grantee fails to cure the alleged violation within the required time, Grantor
may terminate this Permit upon written notice to Grantee.
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If Grantee does not use the Cable for a period of five (5) consecutive years, then
Grantor may terminate this Permit by written notice to Grantee provided that Grantee
has not resumed use of the Cable prior to or at the time of such notice.
Upon any termination of this Permit, Grantee shall leave the Cable in place,
unless the parties to this Permit agree to remove the Cable from the Permit Area. Such
removal shall be done at the sole cost and expense of Grantee and in a manner
reasonably satisfactory to Grantor.
No termination of this Permit shall release Grantee from any liability or obligation
with respect to any matter occurring prior to such termination but, in the event Grantee
or any other party removes the Cable in a manner reasonably satisfactory to Grantor,
including but not limited to leaving the Tidelands and Permit Area in a clean and safe
condition without threat of erosion, Grantee shall be released from any liability or
obligation arising after removal.
11. Liability; Indemnification. To the fullest extent permitted by law, Grantee shall
defend, indemnify and hold harmless Grantor and its agents, officers, directors,
employees and volunteers from and against claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting from use of the
Cable or Grantee's performance under this Permit, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property (other than the work itself) including loss of use
resulting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of the Grantee, anyone directly or indirectly employed by Grantee or anyone
for whose acts Grantee may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person described
in this paragraph.
In the event the Grantor intentionally damages the cable or damage to the cable
is the result of the Grantor or its contractors' negligence or gross negligence, Grantee
hereby agrees to limit damages to the actual cost of repair; economic losses will not be
considered or sought as part of any actual damages.
12. Insurance. Grantee, including its contractors and subcontractors, shall provide
the following insurance coverages as specified in Exhibit B attached hereto and made a
part of this Permit.
13. Taxes. Grantee shall promptly pay or reimburse Grantor for any taxes levied on
Grantor as a result of this Permit or relating to Grantee's improvements installed
pursuant to this Permit.
14. Remedies. In the event a party (or such party's successors or assigns) fails to
perform its obligations under this Permit, then the other party shall be entitled to require
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specific performance of such obligation, to obtain appropriate injunctive relief, to cure
the default of such obligation and recover the costs thereof from the party breaching
such obligation, or to pursue any other remedy available at law or in equity.
15. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this Permit, the prevailing party shall be entitled to recover such amount
as the court may adjudge reasonable as attorneys' or paralegal fees at trial or on any
appeal, in addition to all other amounts provided by law.
16. Amendment. This Permit may not be modified or amended except by written
agreement of the parties. No modification or amendment or attempted waiver of any
provision of this Permit shall be binding unless in writing and signed by the party to be
bound. This Permit may not be modified or amended orally.
17. Severability. If any term or provision of this Permit or the application thereof to
any person or circumstances shall to any extent be invalid or unenforceable, the
remainder of this Permit and the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby, and each term or provision of this Permit shall be valid and
enforceable to the fullest extent permitted by law.
18. Waiver. Failure of either party at any time to require performance of any
provision of this Permit shall not limit such party's right to enforce such provision, nor
shall any waiver of any breach of any provision of this Permit constitute a waiver of any
succeeding breach of such provision or a waiver of such provision itself.
19. Binding Effect Assignment. This Permit shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, assigns, and their
respective contractors, subcontractors, engineers and other business invitees, agents,
licensees, and employees. Grantee may assign its rights under this Permit, including its
interest in and to the Permit, at any time during the Term to an affiliate, parent, or
subsidiary of Grantee, or to the successor corporation in a merger or consolidation
involving Grantee or to an entity acquiring all or substantially all of Grantee's assets,
and to its lenders for security purposes. Grantee may not assign such rights to any
other third party without the prior written consent of Grantor, which consent shall not be
unreasonably withheld. Upon Grantee's assignment of its rights under this Permit, and
the Assignee's written assumption of all of Grantee's obligations under this Permit, then
Grantee shall be relieved from any further obligation or liability under this Permit,
including any further liability for termination.
20. Calculation Of Time. All periods of time referred to herein shall include
Saturdays, Sundays and legal holidays recognized in the State of Alaska, except that if
the last day of any such period falls on any Saturday, Sunday or a legal holiday, then
the period shall be extended to include the next day which is not a Saturday, Sunday or
legal holiday.
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21. Notices. Notices required to be in writing under this Permit shall be given as
follows:
Grantor Grantee
City Manager Kodiak -Kenai Cable Company, LLC
City of Seward ATTENTION: CEO
P. O. Box 167 2702 Denali Street, Suite 100
Seward, Alaska 99664 Anchorage, Alaska 99503
Notices shall be deemed effective, if mailed, upon the fifth day following deposit thereof
in the United States mail, postage prepaid, certified or registered mamare urn receipt a the
requested, or upon delivery thereof if otherwise given. Either party y g
address to which notices may be given by giving notice as above provided.
22. Integration. This Permit contains the entire agreement and understanding of the
hereof
parties contemporaneous respectth to the subject reements between hemrw with respectdto supchrsedes all subject matter.
and
contempora 9
23. Count s. of wlhich shall ormit may be cuted in counterparts, each ne and the same agreement.
f which shall
be an original
24. No Interest in Real Property. Grantor makes no representations or warranties
regarding ownership of the Tidelands or Permit Area, and no title of the Grantor is
conveyed by this Permit. This Permit does not convey any real property interest.
25. Recording. This Permit may be recorded in the Seward Recording District, State
of Alaska.
Dated this _ day of July, 2006.
GRANTOR:
City of Seward
By:
Clark Corbridge
City Manager
ATTEST:
Jean Lewis, CIVIC,
City Clerk
GRANTEE:
Kodiak -Kenai Cable Company, LLC
Its:
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STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of July, 2006, before me, the
undersigned Notary public in and for the State of Alaska, duly commissioned and sworn
as such, personally appeared Clark Corbridge, City Manager, City of Seward, known to
me and to me known to be the individual named in and who executed the foregoing
instrument, and he acknowledged to me that he did sign and seal the same on behalf of
the City of Seward as his voluntary act and deed for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first hereinabove written.
Notary Public in and for Alaska
My commission expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of July, 2006, before me, the
undersigned Notary public in and for the State of Alaska, duly commissioned ak--Kenai Cable
as such, personally appeared
Company, LLC, known to me and to me known to be the individual named in and who
executed the foregoing instrument, and he acknowledged to me that he did sign and
seal the same as his voluntary act and deed for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first hereinabove written.
Notary Public in and for Alaska
My commission expires:
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EXHIBIT A
Permit Area 2 described below is not included under this Permit. It is listed
because a similar permit covering all three areas is held by GCI
Communications Corp ("GCI") and Permittee shall coordinate its activities
with GCI. Those portions of Sections 4 and 9 of Township 1 South, Range 1
West, Seward Meridian, anTh �� �udic�allDistrictUStat rvey 1of A aska,74 (ATS l m4ore within the
Seward Recording District,
particularly described as follows:
Permit Area 1:
A permit area twenty feet wide ten feet each side of the following described line:
Commencing RM 7 of ATS 174 traverse South 370 32'43" East a distance
of 293.03 feet to a point;
Thence North 78' 38' 57" East, a distance of 115.26 feet to line of Mean
High Water and the TRUE POINT OF BEGINNING;
Thence continuing North 78' 38' 57" East, a distance of 445.15 feet to the
line of ATS 174 Director's Line.
Said Permit Area 1 containing 8,903 square feet or 0.20 acres, more or
less.
Permit Area 2 (NOT INCLUDED AS PART OF THIS PERMIT):
A permit area more particularly described as follows:
Commencing RM 7 of ATS 174 traverse South 37° 32'43" East a distance
of 293.03 feet to a point;
Thence North 78' 38' 57" East, a distance of 123.04 feet to a point (future
end of conduit);
Thence North 11 ° 21' 03" West a distance of 10.00 feet to the TRUE
POINT OF BEGINNING;
Thence continuing North 11° 21' 03" West a distance of 135.00 feet to a
point;
Thence North 78' 38' 57" East, a distance of 80.00 feet to a point;
Thence South 11 ° 21' 03" East a distance of 135.00 feet to a point;
Exhibit A to KKCC Permit Agreement
Page 1 of 2
Thence South 780 38' 57" West a distance of 80.00 feet to the TRUE
POINT OF BEGINNING.
Said Permit Area 2 containing 10,800 square feet or 0.25 acres, more or
less.
Permit Area 3:
A permit area twenty feet wide ten feet each side of the following described line:
Commencing RM 7 of ATS 174 traverse South 370 32'43" East a distance
of 293.03 feet to a point;
Thence North 780 38' 57" East, a distance of 82.96 feet to the TRUE
POINT OF BEGINNING;
Thence continuing North 78° 38' 57" East, a distance of 32.27 feet to the
line of Mean High Water.
Said Permit Area 3 containing 645 square feet or 0.015 acres, more or
less.
Exhibit A to KKCC Permit Agreement
Page 2 of 2
EXHIBIT B
KODIAK-KENAI CABLE COMPANY, LLC, an Alaska limited liability company
(hereinafter "KKCC") including its Contractors and subcontractors, shall provide
the following insurance coverages:
Workers' Compensation — KKCC shall ensure that, with respect to all
personnel performing work on the sites, KKCC shall maintain in effect at
all times during the term of this Project, coverage or insurance in
accordance with the applicable laws relating to workers' compensation
and employers' liability insurance, regardless of whether such coverage or
insurance is mandatory or merely elective under law. KKCC shall carry
Employers' Liability insurance with limits of not less than:
$500,000 Bodily Injury by Accident -Each Accident Limit
$500,000 Bodily Injury by Disease -Policy Limit
$500,000 Bodily Injury by Disease -Each Employee
Liability Insurance — Prior to the commencement of the work, KKCC
shall secure such liability insurance as will protect the KKCC and CITY OF
SEWARD from and against any and all claims and liabilities arising out of
bodily injury (including death) or property damage that may result from
such operations, construction, reconstruction and/or maintenance. All
such insurance shall be placed with such insurers and under forms of
policies as may be acceptable to CITY OF SEWARD. Such insurance
shall include the following:
Commercial General Liability insurance (including, but not limited to,
premises -operations, products, contractual, broad -form property damage
and independent contractors) with limits as follows:
$1,000,000 Each Occurrence Limit
$2,000,000 General Aggregate excluding Products/Completed
Operations
Aggregate Limit
$2,000,000 Products/Completed Operations Aggregate Limit
$1,000,000 Personal and Advertising Injury Limits
Business Automobile Liability insurance (including owned, hired and non -
owned) with a combined single limit of not less than $1,000,000 for bodily
injury (including death) and property damage.
Additional Insured / Waiver of Subrogation — KKCC shall ensure that
the Commercial General Liability and Business Automobile Liability
policies name CITY OF SEWARD as additional insured. KKCC's
Exhibit B — Permit Agreement
Page 1 of 2
insurance shall also be primary to any policies held by CITY OF SEWARD
and the coverage afforded CITY OF SEWARD under such policies shall
be the same coverage extended to the KKCC without exception or
limitation.
The KKCC waives all rights of subrogation against CITY OF SEWARD
and its agents, officers, directors and employees for recovery of damages
to the extent these damages are covered by the Commercial General
Liability, Business Automobile and/or Workers' Compensation policies.
Evidence of Insurance — Certificates of Insurance acceptable to CITY OF
SEWARD shall be filed with CITY OF SEWARD prior to commencement
of work under this Project. These Certificates and the insurance policies
required by the contract shall contain a provision that coverages afforded
under the policies will not be cancelled or allowed to expire until at least
30 days' prior written notice has been given to CITY OF SEWARD. The
KKCC shall furnish information concerning reduction of coverage with
reasonable promptness in accordance with the KKCC's information and
belief.
No Limitation — The insurance required within this contract shall be
written for not less than the limits of liability specified in the contract
documents or required by law, whichever is greater. Coverages shall be
maintained without interruption from date of commencement of work until
the termination of the Project.
Exhibit B — Permit Agreement
Page 2 of 2
BEARING & DISTANCE
WITHIN ATS 174
N78'38'57"E 341.67'
PERMIT
AREA #2
80' x 135' OCEAN
GROUND BED
PERMIT
AREA #3
20' WIDE PERMIT
AREA BETWEEN
MHW AND
MONROE ST ROW
I
ATS 174 DIRECTOR'S LINE
,1
1
,
,
,
,
1 1 1
1
ml,
o ,
1
1
,
11
174 (1964 Mf
ATS 174
PERMIT
AREA #1
20' WIDE PERMIT AREA
WITHIN ATS 174
RESURRECTION BAY
,TEMPORARY
STOPPER �_
BEARING & DISTANCE BETWEEN--�
2002 MHW & ATS 174 MHW
N78'38'57"E 103.47'
ANCHOR
T
END OF MONROE ST
RIGHT OF WAY
M
-I-7-T—I—T—I 7—r—I—�
I I
I I I I I I I I
I I k�+`3al
EASEYEN�
I I I I I I
I I I Bu4ED
(CONDUIT I
I I
BEARINd & IDISIIANCt FdOM I I I
LItt11ES
I I I I I I I
20 2 MHW 0 �EACN M{ NH(LE
I I N 77 •38'17:S 115L.26 L J— J
L1—LJ—J —I_J
1— _j—
L—I— BLOCK 33
BLOCK 34
—I-7—T1—T—I-T—r-1-1
F-7 ram—T— 7
I I I I I
4 BEAbH MINNHbLE I I I I I I
I I
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�QPe`�P I I I I I I I I I I I
�tij� A�4� I I IvP
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BALEEN AVE.
ATS 174
_ 11 (SEVENTH AVE.)
T u
RM 7 I
LOT 2A
I LOT 7A LOT 9A LOT 12A
I LOT BA
LOT IA
Ln v 03 BLOCK 4 ALLEY BLOCK 32
it
p m
O) N
c y
Z LOT 33A LOT 31A LOT
LOT 3 LOT 2 LOT 1 O LOT 40A LOT 37A LOT 35A
rcZ
O
SIXTH AVE.
ATS 174 1
RM 8 41
GRAPHIC SCALE
100 0 100 200
PERMIT
AREA SQ FTACRES
1 8903 0.20
2 10 800 5 O
3 645 0.0.015
DATE OF
PREPA7):
BEARINGS AND DISTANCES OF PERMIT
PREPARED BY:
TERRY P. IRWiN PLS
SURVEY
7/17/2002
CITRDKA
AREAS WITH ATS 174 AND CITY OF
PN&D ENGINEERS
THRU
SEWGC
PERCCI
SEWARD OWNED UPLANDS
1506 AGETHAK�
7/10/2002
SHEET NUMBER
NOTE:
ARE RECORD
GRID BEARINGS AS PER
EXHIBIT A
1
ALL BEARINGS SHOWN
ATS 174 PLAT No 40 (7/29/65) SEWARD RECORDING DISTRICT
1
43
Sponsored by: City Manager
CITY OF SEWARD, ALASKA
RESOLUTION 2003-114
A RESOLUTION OF THE SEWARD CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND ACCEPT ON BEHALF OF THE CITY
OF SEWARD, FEE TITLE TO CERTAIN TIDE AND SUBMERGED LANDS IN
TRACT C, SECTION 109 TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD
TELY
27 ACRES,
STATEOF ALASKA DEPARTMENT OF NATURAL . RAL RESOURCES FROM THE
WHEREAS, the City of Seward selected land under its municipal entitlement
pursuant to AS 29.65.010 through 140; and
WHEREAS, the United States Department of the Interior Bureau of Lands
Management has conveyed Section 10, Tract C of Township 1 South, Range 1 West,
Seward Meridian, Alaska, containing approximately 6.27 acres, according to the
supplemental survey plat accepted by the United States Department of the Interior B State
eau
of Lands Management in Anchorage, Alaska, February 3, 1999 ("Property's
to theof Alaska Department of Natural Resources; and
is WHEREAS, the land is submerged and is to the West of the Waterfront Park;
and
WHEREAS, the City of Seward has worked towards acquiring this land since
1982; and
WHEREAS, this transaction will have no cost to the City other than
approximately twenty one dollars ($21.00) for recording; and
WHEREAS, public notification procedures for this acquisition have been
complied with.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The City Council finds that it is in the best interests of the City
of Seward to authorize the City Manager to negotiate and accept on behalf of the
City of Seward, fee title, subject of valid existing rights, including notes in the
patent, to certain tide and submerged lands in Tract C, Section 10, Township 1
South, Range 1 West, Seward Meridian, containing approximately 6.27 acres,
from the State of Alaska Department of Natural Resources.
4 �4
CITY OF SEWARD, ALASKA
RESOLUTION 2003-114
Section 2. This resolution shall take effect thirty (30) days following adoption
and posting.
PASSED AND APPROVED by the City of Seward, Alaska this 3rd day of
November, 2003.
THE CITY OF SEWARD, ALASKA
David Brossow, Mayor
AYES: Branson, Clark, Valdatta, Amberg, Brossow
NOES: None
ABSENT: Shafer, Dunham
ABSTAIN: None
ATTEST:
Jea wis
Cit}� Clerk
,�S6yybIL3�tD►!Q A
(City Seal)!''
1:6
�
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RESOURCEASSESSMENT
_T t 6 DEVELOPMENT SECTION -
t11J +� FAX (907) 259-8915 550 W.7a Ave., SvI191050
Anchorage, Alacka 995013579
DEPARTMENT OF NATURAL RESOURCES PHONE (907) 269.0534
DIVISION OFMINING, LAND AND WATER b
CEp.77 sD MAIL
RETURN RECEIPT REQUESTED
7002 0860 0003 3539 0419
October 20, 2003
Phil Shealy, City Manager
City of Seward
POBoz 167
Seward, AK 99664
Re: Patent Issuance for Alaska State Lands - ADL 201288
waterfront Park Area
Dear Mr, Shealy:
Enclosed is State of Alaska Patent No. 19053 conveying lands within the city's waterfront park area
identified as Tract C and covered by the referenced ADL number.
interest in the subject property, we suggest that the enclosed patent be.
In order to protect the borough's
recorded in the Seward Recording District.
The recording fee for the patent is $15.00 for the first page and $3.00 for every additional page. The city's
check or money order, payable to the Alaska Department of Revenue, should accompany the Patent. Please
sure
be se to write on the parent the name and address of the person to whom the document is to be returned.
If you have any questions you stay contact me at 907-269-8529.
Sincerely, L4,:)
Ginger ,,us
Natural Resource Officer
Enclosure
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"Dcvelop, Conserve, and Enhance Natural Resources!
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Oct 21 03 12:37p Dan B ardsley, SR/WR
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iuiziixuva a.u:as rnx au7 xea sa _�,. xnus
907-222-4994
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This is to teddy that this is a
true and correct copy of the
original as executed by the
avthorizod lawful authority of
the Depedinent of Natural
Resources. .,
D9ps=Qn1 of n1a1U981 Resources
Oate za Z 0 — - 3
ga°fu -1e pq =Tess 11motids that the Grantor, the STATE OF ALASKA, DEPARTMENT OF
NATURAL RESOURCES, 550 West 7111 Avenue, Suite 105oA, Anchorage, Alaska 99501-579, pursuant
to AS 29.65.010-.140 and the regulations promulgated thereunder, and the Final Finding and Decision
dated March le. 1998, for good and valuable consideration, grants and conveys to the Grantee, the CITY
OF SEWARD, whose mailing address of record is P.O. Box 167, Seward, Alaska 99664, Grantee's
successors and assigns, all that real property situated in the Seward Recording District, State of Alaska,
and described as follows:
HIP 1 sC rrra RANGF. IIWEST SEWARD ulF , AN. AL
SECTION 10: TRACT C.
CONTAINING 6.27 ACRES, MORE OR LESS.
ACCORDING TO THE SUPPLEMENTAL SURVEY PLAT ACCEPTED BY THE UNITED
STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT IN
ANCHORAGE, ALASKA ON FEBRUARY 3.1999.
Subject to:
Valid existing rights, including reservations, easements, and exceptions in the U.S.
Patent or other state or federal conveyance, and in acts authortzing the issue thereof;
Page 1 of 3
p.3
t.1 7
Oct 21 03 12-37p Dan H ardsley907-222-4894
, SRlWR (dj004
10/21/2003 10:35 F4 907 289 88f DNR BADS
ti
easements, rights-ol-way, covenants, conditions, reservations, notes on the plat, and
restrictions o1 record, it any.
A continuous public
Casement,
high water me ofResurrection 13ayin accordance with AS 36 05127 and 11mean AAC
51.045.
Net chargeable acreage under AS 29.65.020 is 6.27 acres, more or less.
Tog grantor hereby expressly saves, excepts and reserves out of the grant hereby made, unto
Itself, Its lessees, successors, and assigns forever, all oils, gases, coal, ores, minerals, fissionable
materials, geothermal resources, and fossils i, and kind
Igha o crartcpplorne the sahme forasuchbe in or
elIS
upon said lands above described, or any pa
gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and it also hereby
expressly saves and reserves out of the grant hereby made, unto itself. Its lessees, successors, and
assigns forever, the right to enter by itself, its or their agents, attorneys, and servants upon said lands, or
any part or parts thereof, at any and all times for the purpose of opening, developing, drilling. and working
mines or wells on these or other lands and taking out and removing therefrom all such ous, gases, coal,
ores, minerals, flas'Ienable materials, geothermal resources, and fossils, and to that end It further
expressly reserves out of the grant hereby made, unto itself, its aess gs,nd all suc tcess successors,
and
d assi to ioMmaiVGf ,
the right by its or their agents, servants and attorneys at any
and use all such buildings, machinery, roads, pipelines, powerlines, a d railroads.
of for thenk such shalts, foregoing purpose
such wells, remove such soil, and to remain on said lands or any p
artand to occupy as much of said lands as may be necessary or convenient for such purposes hereby
expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, generally all rights and
power In, to, and over sold land. whether herein expressed or not, reasonably necessary
e nts hereby des tient o
render beneficial and efficlent the complete enjoyment of the properly 19 Y P y
reserved.
cc ts, and
appurtenances tthereunntto appertaining, unto the said Grantee and Grantee'eLv polb the said land, together with the eauccesso '1 and nassigns
forever.
pn $Iesti:t an P14emf the State of Alaska has caused these presents to be executed by the
Director of the Division of Mining, Land and Water, Department of Natural Resources. State or Alaska,
pursuant to delegated authority, this 20th day of October, 2003.
tag -
This is to oen'dy, that this is i
true and conect copy of the
erlglnal 35 executed bythe
authorized lawful authority of
the Deportment of Natural
N
;j;j�
Kwo eo
ralgesouroos
Dare io - a o - o 3
Patent No. 19053 Page 2 of 3
`62a t/�
Sandra J. Sin er
For Bob Loeffler, Director
Division of Mining, Land and Water
p.4
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Oct 21 03 12:37p Dan B ardsley907-222-4894
, SR/WA BOOS
10/21/2003 10:�6�07ILL."
DNR BADS
v
Abzfe af P lWwkx
) 66.
jMlftrb 31taTGSA1 C'LStYTLt
that on Me 20h day of October, 2003, appeared before me SANDRA J.
Z*5 ps o (ff= ifq delegated the authortry of Bob
SINGER, who is known to me to be the person who has been lawfully as, State
of Loeffler,
f1easka toexecute of the mDivision
foregoing d tm_enof 1; that Sandra Singe, Land and Water, r executed said documentent of Natural Un such
upon al authority
and with and knowledge
purposes contents;
therein. at Such act was performed freely and voluntarily
mises
Attu" my hand and official seat the day and year in this certificate first above written.
Notary public in and for the State of Alaska
This is to cvdKy mat this is a
true and correct copy of the
original as executed by the
authorized lawful authonly of
the aepatnent of Natural
Re$ourcee. /l
U artment of NatuW Flasowass
"Q.3
patent No.19053
ADL No. 201288
Location Index:
T. 1 S., R. 1 W., S.M.
Section 10
page 3 of 3
My commission expires: April 4, 2005
STATE OFFICIAL
CELESTE L. KINSER
14
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City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
Call to Order
The May 22, 2006, regular meeting of the Seward City Council was called to order at 7:30
p.m. by Mayor Vanta Shafer.
Opening Ceremony
Police Chief Clemons led the pledge of allegiance to the flag.
Roll Call
There were present:
Vanta Shafer presiding and
Willard Dunham
Steve Schafer
Bob Valdatta
comprising a quorum of the Council; and
Clark Corbridge, City Manager
Jean Lewis, City Clerk
Johanna Dollerhide, Assistant City Clerk
Absent — None
Special orders, presentations and reports
Proclamations and Awards
Dorene Lorenz
Robert Thomas
Jean Bardarson
A City flag was presented to Melissa Fouse and family of Margaret Branson.
A proclamation was given to Fred Yerbury Spring Creek Employee of the Year.
A certificate of appreciation was read for Matt Adams Eagle Scout.
Borough Assembly Report. Borough Assembly Representative Ron Long stated the
Assembly met on May 16, 2006 in Soldotna. There was a proposal before them to take $1 million
out of the general fund and deposit into Central Emergency Services. The Assembly voted against
the proposal, but Long believed a proposed substitute ordinance would come forward which would
parcel the $1 million out over the next several years. The material sites ordinance was postponed
until August 1, 2006. The motor vehicle tax was defeated and there would be no change in rates.
The Heritage Place acquisition for a long term, intensive care facility was approved on an 8-1 vote.
Budget sessions were still occurring, and the final budget would be adopted June 6, 2006 or during a
special meeting before June 14, 2006.
City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
City Manager's Report. City Manager Clark Corbridge report consisted of:
Harbor: The opening weekend was a success. It appeared the city would receive all of $2.2
million funding for T-Dock. The bond bank had approved the city's $4.5 million revenue bond for
the south harbor expansion. Construction of the timber floats on tonight's agenda would begin this
spring.
Public Works: The Department was working with DOT regarding the culvert on the levee
site. Corbridge thanked the public for their patience and tolerance with the Third Avenue paving and
waterline installation. Corbridge suggested homes increase their water supply for future water
outages as the waterline was being installed. When the weather permitted, the crosswalks and curbs
would be painted.
DMV: The Seward DMV was in jeopardy of closing permanently effective July 1, 2006
unless the city agreed to adopt the Department of Administration's one signature, MyAlaska payment
system by Friday. By resolution, the city's policy required two signatures to authorize any financial
transactions. Corbridge requested direction from Council on how to proceed.
LTCF — The city attorney's and Corbridge completed a draft contract for the new site. There
was concern that the city not incur any more delays, as it was extremely costly. Corbridge
recommended saving four to six weeks by sole sourcing the water and sewer design to CRW, as the
City Code did not require an RFP for professional design work.
Electric — IBEW filed a new grievance, claiming the city violated the collective bargaining
agreement when the State of Alaska contracted to cut all the brush within the Mile 0-8 project work
area. Corbridge noted the city was a permittee on DOT's right-of-way, and right-of-way clearing
was not within the scope of permitted work for which the city was allowed to do.
Seward Marine Center Dock — The city had been working with DOT to access funding
from the federal earmark for the SMC dock and ferry infrastructure project. They were in the
process of compiling information requested by DOT in order to begin securing funding.
Seward Middle School — A work session last week with KPB explored alternatives to save
the old middle school building. KPB gave compelling information and the general consensus was to
demolish the building but pursue further education programs possibly on that land.
Corbridge responded to questions from the council.
Chamber of Commerce Report. Chamber President Debra Carter stated the Chamber
was pleased with the military appreciation turnout this past weekend and thanked chamber workers
and council members who helped with the event, as well as other various participating entities. The
Chamber was moving into its summer hours, open 7 days a week. The first cruise ship came in
Sunday, and the Chamber would have someone greeting each boat and invited any business to join
them. Carter appreciated the DOT updates and reports. The Kenai Peninsula Tourism Marketing
City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
Council was doing a similar branding marketing program and seeking help from Chambers. Carter
announced this year's Chamber scholarship would be awarded to Alicia Friel.
Seward Planning and Zoning Commission Report. Commissioner Kay Strobel gave a
brief summary of the latest happenings with the commission. At the May 4, 2006 meeting,
Resolution 2006-12 was approved, which granted a Conditional Use Permit for the Elks Club. The
proposed use was consistent with Comprehensive and Strategic Plans. A May 18, 2006 work session
entailed a presentation on handicapped accessibility. The current code did not reflect the current
ADA standards. Strobel felt the code needed to be changed to bring the city in compliance with
federal law. The Planning and Zoning Commission would be having monthly work sessions in the
summer.
Other Reports, Announcements and Presentations.
DOT Project Engineer Allen Drake gave an update on the Mile 0-8 project.
A presentation by Tryck Nyman and Hayes on status of East and South Harbor
Expansion Project was given by Kim Nielsen.
Marc Marlow of Seward Co -Gen gave a presentation on a coal-fired power plant in
Seward.
Applicants for three vacancies on the Historic Preservation Commission: Incumbent
Greg Carpenter introduced himself and asked for council support. Incumbents Valerie Park
and Shannon Huber were not present.
Council recessed at 8:56 p.m.
Council resumed at 9:07 p.m.
Citizens' comments on any subject except those items scheduled for public hearing.
Diana Chavez, of Ultimate Tours, LLC dba Glacier Godwin Dogsled Tours stated their
business had the appropriate designation as a USA FAA Certified Air Carrier which gave them
exemption from paying sales tax. Ultimate Tours was in litigation with the Kenai Peninsula
Borough and did not feel they had to pay sales tax. The city was refusing to issue Ultimate Tours
their business license, and Chavez disagreed with this decision.
Bruce Sieminski, stated during the last meeting the health care center bonds were discussed
and he wanted to know who was liable for those bonds. Sieminski wanted to know if the recent
executive session with the Long Term Care Facility involving the project engineer and a
representative from Providence was legal or not, as their attendance was not noted in the minutes or
on the record.
City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
Jerry Waliezer, owner of Seward Heavy Industrial Power, said alternative energy was a
vague term, and it depended on where the location was. He hoped the council moved forward with
the Seward Co -Gen alternative energy proposal.
Kathy Kloster, Providence administrator, spoke on the Green House building for the Long
Term Care Facility. Staff from Providence traveled to Tupelo, Mississippi for a leadership
conference. She thanked the council for their support on this project.
Ron Long, stated the Port and Commerce Advisory Board understood alternative sources of
energy, but without exceptional grant funding, wind, tidal and wave action energy would not make a
difference. Long felt if the council did not want to approve the Co -Gen plan, they should just say so
and not spend any extra money on it.
Approval of agenda and consent agenda
Motion (Dunham/Thomas) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The following was added to the consent agenda:
Resolution 2006-061, authorizing the city manager to enter into a license agreement with Polar
Equipment, Incorporated for use of a temporary fish buying station.
Resolution 2006-062, authorizing the city manager to enter into an agreement with Transpac
Marinas, Inc. to provide timber floats for the South Harbor Capital Project in an amount not
to exceed $1,738,688.00, and appropriating funds.
Resolution 2006-65, approving repairs to the Seward Jail fire alarm in an amount not to
exceed $12,453.
The following was taken off the consent agenda and_placed on the regular agenda.
Resolution 2006-60, authorizing payment to the Alaska Railroad in the amount of $11,633.00
as lease for a portion of the Transmission Line from ARRC Mile Post 23 to 23.75.
The clerk read the following approved consent agenda items:
The City Council appointed Greg Carpenter, Valerie Park and Shannon Huber as Historic
Preservation Commissioners, with terms to expire May 2009.
The April 24, 2006 regular city council meeting minutes and the May 1, 2006 special city
council meeting minutes were approved.
Resolution 2006-59, supporting the Historic Preservation Commission Project to research and
:r 3
City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
develop a local register of historic trees and plants.
Resolution 2006-66, authorizing the City Manager to appropriate drug forfeiture funding in
the amount of $548.02 to the Police Department for drug training, investigation and
equipment.
Public Hearings
Resolutions requiring a Public Hearing
Resolution 2006- 557, recommends Kenai Peninsula Borough approval of the City owned
Fourth of July Creek Subdivision, Seward Marine Industrial Center, Polar Seafood's replat, a
replat of Lots 1 and 2 Block 9 and Tract A, Fourth of July Creek Subdivision, Seward Marine
Industrial Center. Notice of the public hearing being posted and published as required by law was
noted and the public hearing was opened.
City Manager Clark Corbridge reported this resolution had administration's recommendation
for approval. Polar Seafood's had complied with all steps and recommendations requested by the
city. If approved, this item would move forward to the Borough for review.
Jim Pruitt was in support of the lease to Polar Seafood's, but was concerned with the replat,
specifically the 60-foot pedestrian right-of-way between the water and the property. This area was
marine industrial and should not be considered as a pedestrian area.
Harbormaster Scott Ransom said if staff could take back the wording "public access," they
would. Ransom gave a brief history on the land in discussion. It was a city dock and would
someday get closed in. The city needed to be able to provide incentive for other new docks to go in
this area in the future. This 60-feet area would provide commercial access, city access, and other
opportunities down the road if someone wanted to propose a dock there. If the land was leased
without the 60 foot right-of-way easement, no one would have access at a later date.
Motion (Dunham/Lorenz)
Approve Resolution 2006-057
Mayor Shafer said the land was not intended for public access, which Ransom confirmed.
Schafer felt this lease should not include an area for future use. He thought a public easement
would open the city up to a lawsuit.
Thomas and Bardarson were in favor of the public easement included in the lease, especially
after easement problems that occurred in the Small Board Harbor.
Motion to Amend (Mayor Shafer/Lorenz) Amend Resolution 2006-57, section 1,
number 1 and in 4m Whereas from "public
access" to "commercial access."
City of Seward, Alaska City Council Minutes
May 22 2006 Volume 37, Page
Dunham was concerned over this whole access issue. If there was some sort of an addition to
make it possible for someone to build a dock, people would be going through Polar Seafood's
property and they would have no control over this.
Ransom said Polar Seafood's was fine with the lease as it stood.
Schafer was not in favor of the amendment, and did not want access included in the lease.
Valdatta thought the land should be open for future expansion.
Motion to Amend Passed
Motion to Amend (Dunham/Schafer)
Motion to Amend Failed
Main Motion Passed
Unfinished Business - None
New Business
Resolutions
Unanimous
Remove Section 1, item 1 and the 4tn
"Whereas," striking the commercial/public
easement from the Resolution altogether.
Yes: Dunham, Schafer
No: Bardarson, Valdatta, Thomas,
Lorenz, Mayor Shafer
Unanimous
Resolution 2006-60, authorizing payment to the Alaska Railroad in the amount of $11,633.00
as lease for a portion of the Transmission Line from ARRC Mile Post 23 to 23.75.
Corbridge said this resolution approved a payment increase on the land. Ever since the city
had a transmission line, they needed to lease this land from the railroad. Corbridge conveyed Utility
Manager Tim Barnum's opinion to the council that it would be extremely expensive to relocate the
transmission line. He recommended approval as there was no other realistic alternative.
Motion (LorenzBardarson) Approve Resolution 2006-60
Mayor Shafer wanted to know if other communities paid the Alaska Railroad for utilities to
cross their land and would like to see the rail belt communities start a legislative process to remove
this charge.
Valdatta said this added up to a lot of money over the years. He suggested reducing the
railroad's utility costs to compensate and get rid of this lease requirement.
:a J
City of Seward, Alaska City Council Minutes
May 22, 2006 Volume 37, Page
Motion Passed Unanimous
Resolution 2006- 663, authorizing the city manager to enter into an agreement with Alaska
Sales and Service for the purchase of a 2006 Chevrolet 4X4 truck, for an amount not to exceed
$29,656.00 and appropriating funds.
Corbridge stated during the budget process, city council approved a not to exceed $30,000
purchase of a replacement vehicle for the city's field engineer. The condition of the current vehicle
was due for replacement. The price $29,656.00 was a result of the city "piggybacking" on a State of
Alaska bid, so the city was getting the benefit of the state's bargaining power on this purchase.
Administration recommended approval of this purchase.
Motion (Dunham/Bardarson) Approve Resolution 2006-63
Corbridge stated the vehicle being replaced would be used by the line crew.
Dunham wanted to know why the city was buying a truck that was a "gas hog." He felt the
city should start looking into vehicles with better gas mileage with the costs of fuel right now. In
response to Dunham, Corbridge stated he did not believe the truck was a diesel engine.
Corbridge had not personally examined the maintenance records on these vehicles, but he had
been told in order to get the job done, a heavy duty vehicle was needed. A 1500 series was not the
heaviest duty, as it was a half -ton. A lighter duty vehicle could cause inaccessibility issues and the
maintenance on a lighter duty vehicle would be much higher due to the wear and tear caused on the
vehicle.
Corbridge advised an extended cab vehicle increased flexibility and allowed the department
to get double usage out of it. Valdatta added the vehicle needed to carry and protect survey gear.
Schafer stated until he was shown the need for a new pickup through the maintenance
records, he didn't see the need for a new pickup.
Corbridge responded the field engineer's vehicle received hard use on a regular basis. Used
vehicles or a lighter duty vehicle would have excessive, high repair costs and would not have the
level of reliability needed to carry out this type of work.
Motion Failed
Yes: Thomas, Valdatta
No: Lorenz, Bardarson, Schafer,
Dunham, Mayor Shafer
Resolution 2006-64, recommending further study of the Seward Co -Gen, LLC electrical
service as a potential source of alternative energy for the community of Seward.
Uv
City of Seward, Alaska City Council Minutes
May 22, 2006 Volume 37, Page
Corbridge said the Seward Co -Gen was a viable alternative for energy, but suggested the city
not close the door on any other alternative energy scenarios. Administration's suggestion was to
look at this proposal, but not commit to anything yet.
Motion (Lorenz/Thomas)
Approve Resolution 2006-64
Thomas did not like the last "Whereas" because it sounded so concrete.
Schafer said PACAB was dejected because they had done much research on this and on
alternative energy and felt they were not being listened to.
Valdatta felt the alternative energy list should include propane and methane.
Dunham asked about the $20,000 appropriation to research the proposal. Corbridge said this
would include the evaluation of proposals for this proposal and other alternative energy proposals.
Motion to Amend (Lorenz/Thomas)
Motion to Amend Passed
Motion to Postpone (Schafer/Thomas)
Motion to Postpone Passed
Other New Business Items
Under Section 2, Add language, "The
Mayor will appoint a committee which is
directed to evaluate and review the specific
proposal by Seward Co -Gen, LLC."
Unanimous
Postpone this resolution until the June 12,
2006 meeting so Council could hear a
presentation by PACAB.
Yes: Bardarson, Schafer, Valdatta,
Thomas, Mayor Shafer
No: Dunham, Lorenz
Discussion on a time line for the building permitting process. Council directed administration
to give a report on the current process.
Discussed and voted whether to accept the US Coast Guards safety zone proposal and reply to
them by email.
The rules were suspended by unanimous consent to allow Lieutenant Clint Prindle of the U.S.
Coast Guard to address this discussion item.
Motion (DunhamBardarson) Concur with the U.S. Coast Guard's
request to establish safety zones for water
training vessels and reply to them by email.
City of Seward, Alaska City Council Minutes
May 22, 2006 Volume 37, Page
Motion Passed Unanimous consent
Informational Items and Reports -None
Council Comments
Bardarson concurred with the idea of sole sourcing the new Long Term Care Facility's
sewer and water to CRW.
Schafer said when he was a flight operator he did not have to pay sales tax. If the borough
would let the people operate, he thought the city should allow Ultimate Tours to operate. The airport
was anticipating leasing office space to Ultimate Tours and this would seriously hinder their business
if they could not do business in the city. He said the sound system in chambers was in need of repair
or replacement. Schafer hoped staff could look into that.
Thomas concurred with Schafer's comments on Ultimate Tours/Godwin Glacier. If the issue
was in litigation, and the borough was allowing them to do business, the city should allow them to do
business as well. He thanked the community who helped with the congregation of the Episcopal
Church.
Lorenz thanked the Planning and Zoning Commission, and appreciated Kay Strobel
attending tonight's meeting and keeping the council informed. She also agreed if Ultimate Tours/
Godwin Glacier could demonstrate a proof of appeal to the city, they should suspend the requirement
until the issue had been resolved in the courts.
Dunham directed Corbridge to do what needed to be done to keep the DMV in Seward.
Dunham felt the issue with Godwin Glacier's sign was not of importance, however the code had
specific requirements for city business licenses and the city clerk was bound by those requirements.
Businesses on P Avenue had a problem with accessibility because of the road construction. He
wanted a bike path from Mile 0-8 and requested Corbridge bring his project list back to the council.
Valdatta had heartburn by the lack of courtesy for traffic control by the people on the
construction project.
Mayor Shafer wanted to know if council was willing to give $300 to Little League and
council agreed by unanimous consent. The Mary Lowell Center Committee met last week. The
Conference of Mayors met last week and they were going to work on getting the Legislature to put in
a community endowment fund that would go in perpetuity and not be allocated each year.
Citizens' Comments
Diana Chavez spoke regarding the executive session on Ultimate Tour's business license.
Josh Milligan of the Forest Service met with the Assistant City Manager, who pleaded with him to
not issue their permit. She wanted council to know these things and that they were unfair.
City of Seward, Alaska City Council Minutes
May 22, 2006 Volume 37, Page
Paul Carter commented on the Coast Guard's request. He believed this would shut down
the day harbor area in July and August, which concerned him. Carter was worried that people would
not have access in this area.
Mayor Shafer noted the Coast Guard activities would be done in the winter.
Lieutenant Prindle said it was the same zone they had been using for the last twenty years
and did not foresee any additional problems.
Rob Rance said coal-fired energy was not "alternative" energy, as it had been around since
1882. Wind, tidal, and gasification of coal were not feasible energy alternatives as they were too
costly. Coal fire might be the only choice, but Seward needed to decide if this was what they really
wanted. Rance understood the need for energy and growth, but Seward needed to look at the vision
of the community and its identity.
Mayor Shafer responded that there could be a global catastrophe if society didn't wean itself
from oil. Families were having difficulty paying oil bills. Seward was a forward thinking
community and she would like to have an energy source that was renewable and not dependent on
any fossil fuel.
Diana Chavez added that Ultimate Tours booked over 2,000 customers last season, bringing
a lot of people into Seward. They were the largest consumer of gasoline at the airport.
Doug Olsen said there was no mention of hydro -electric power in tonight's discussions
regarding alternative energy and it was worth looking at.
Council and administration response to citizens' comments - None
Adjournment
The meeting was adjourned at 10:56 p.m.
Jean Lewis
Vanta Shafer
t-
City of Seward, Alaska
June 12, 2006
City Council Minutes
Volume 37, Pa,Qe
In response to questions, Long reported sales had increased significantly for the Borough,
with taxable sales in Seward widening the gap. He figured a lot of that could be fuel, but knew of
increases in the tourism sector and light construction, also. He presented that non-taxable sales had
only increased a bit around the borough. Long confirmed there was no word on the Lowell Point
Road, but the bridge was slated for repair this year.
City Manager's Report. City Manager Clark Corbridge felt they were making excellent
progress on many on -going city projects, with the most time being spent on the Long -Term Care
Facility (LTCF).
❖ Lon2-Term Care Facility. A productive meeting was held June 7, 2006 with the
architects and engineers involved with the project. Resolutions were being drafted
and would be ready for the next council meeting. Once the location for the buildings
were decided, he anticipated re -zoning the prior site to include more park land.
❖ Harbor. Corbridge acknowledged a complaint on the procurement process and had
responded. The harbor revenue bands were scheduled to be signed June 20 in
Seattle. All floats, piling, trestle and gangway had been installed in the North Harbor
with final engineering inspections to be performed this week. A committee selected
Transpac Marinas Inc as the most qualified bidder and the city had entered into an
agreement with them. The floats were expected to arrive in Seward October 24,
2006. Survey work and geotechnical borings had been completed.
❖ Planning and Community Development. City Planner Malcolm Brown was
scheduled to be deployed July 6 for active duty in Iraq. Corbridge and staff had
addressed a one-time sign variance for people impacted by the Mile 0-8 road project.
Applications for variances were available in the clerk's office, and the Planning &
Zoning Commission would be addressing those at a special meeting. The
Commission also scheduled a'work session to review the preliminary plat to be
submitted for the vacation of Washington Street.
$• Personnel. There were many personnel changes. Recent hirings for ALPAR Leader,
Temporary Planning Assistant, Deputy Fire Chief, and Executive Liaison to name a
few.
❖ Parks &Recreation. The Community Schools office was being moved into the high
school. Emergency shelter supplies which were in the bomb shelter of the old middle
school were temporarily relocated to a rental storage, while exploring longer term
solutions. Softball leagues were playing two evenings a week with soccer league
beginning in July. The city flag was flown while the Navy's USS Chafee was in port.
A work crew of 17 sailors and officers cleared brush in the cemetery and rebuilt the
pitcher's mound on John Perry Field.
❖ Notice of Proposed Rulemaking. The Department of Agriculture has issued a notice
of proposed rulemaking which would allow the Forest Service to recover costs
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June 12, 2006 Volume 37, Page
associated with processing special use applications. If adopted, the effective date
proposed would be October 1, 2006.
❖ Mary Lowell Center. The first phase of the feasibility study would be available in
draft form during the week of June 19, 2006. A projected annual budget deficit of
$60,000 for the Mary Lowell Center needed to be addressed.
Other subjects were discussed. The Alaska Retirement Management Board would be
meeting in Anchorage this month. Corbridge mentioned that he upheld a city clerk decision to deny
Ultimate Tours, LLC dba/Godwin Glacier Dogsled Tours a 2006 business license. He understood
Godwin Glacier Tours would be appealing his decision to the city council at a future date. The
city's Comprehensive Annual Financial Report (CAFR) would be presented by John Bost at the
meeting on June 26, 2006. Corbridge said the city and AVTEC had reached an agreement regarding
the lease provisions of the Fire Training Center, and lastly, he was reminded by the Trustees of
Alaska that there was a June 20, 2006 deadline where they may filing a lawsuit against the city.
Their main topic of concern appeared to be stormwater permitting.
Project Manager Tom Shepard passed out a copy of the building permit packet they had
revamped by providing more information. He gave an overview of the building permit process.
Corbridge answered numerous questions from the council.
City Attorney's Report. Cheryl Brooking; stated they had successfully litigated the
vacation of Washington Street to the Superior Court. They dealt with land use questions, harbor
expansion and personnel issues. She notified that the $4.5 million in harbor bonds were being sold
at a competitive rate tomorrow morning. In response to the possible Trustees of Alaska lawsuit,
Brooking stated the city was not the operators of the shiplift, so, did not need a stormwater permit for
that. The EPA had agreed prior, that owning a harbor did not make the city responsible for
individual runoff, and therefore did not need a permit.
hi response to questions, Brooking stated the city could seek attorney fees if they prevailed,
but the litigants would argue they were representing the public interest. This would be a
constitutional issue the courts would decide.
Port & Commerce Advisory Board Report. Chair, Debra Altermatt thanked council for
the opportunity to address them. She reminded the council PACAB was tasked with researching
alternative energy resources. She was concerned the Board had not had any dialog with any of the
city employees or the administration. They had not found anything able to take place of the current
grid system and their support resolution did not endorse the coal generation project. It did however,
support the idea for further study and research of coal generation.
Jerry Waliezer, PACAB board member. Waliezer reiterated their task was to research
alternatives to the high cost of running generators at today's cost. The Board researched and studied
fuel cells, coal gasification, solar, wind, etc. Their initial synopsis was:
City of Seward, Alaska City Council Minutes
June 12, 2006 Volume 37, Page
❖ Solar was twice the cost of everything.
❖ Fuel cell was complex and an expensive process. Some test projects run on propane,
but would not run a household.
❖ Hydroelectric was studied to death and not feasible. Lowell Canyon had been
harnessed twice in its history. The turbine ran half of the old hospital and was not a
large source.
❖ Tidal required an area to be damned. It would be devastating to wildlife and Seward
didn't have a good area for that.
❖ Wind. This seemed perfectly suited for our area, but wind data collected by the
University of Alaska Anchorage stated that Seward had too much wind which would
exceed limitations on the generators, thus causing ice problems. Kotzebue had 14
wind generators which produced 8% of their power- successfully. Seward would need
70 generators to produce 8% power, so the cost of operating generators would be
equal to the diesel generators now in use.
❖ Coal gasification was a successful technique. It converted coal to natural gas. There
were byproducts of sulfur and ammonia. The smallest plants were 250 megawatts.
Anything under 100 megawatts would not be costeffective.
❖ Coal generation was the only one that seemed to fall into a possible category.
Waliezer encouraged council to appoint a committee to study and research further.
Other Reports, Announcements and Presentations.
Mile 0-8 update by DOT Project Engineer Allen Drake. He reported DOT was working
on curb and gutters and prepping for paving. They were shooting for June 26, 2006 to begin paving
downtown and the Bear Creek Fire Station. Road work would continue by the airport.
Council recessed at 8:45 p.m.
Council resumed at8:55 p.m.
Citizens' comments on any subject except those items scheduled for public hearing.
Carl Norman, had heard that the longshoreman had been accused of running off the cruise
ships. He read a letter .from an Alaska arbitrator who observed the operation. The arbitrator
explained an ongoing contract violation in the port which was a shortage of workers. He observed
operational problems such as; each piece of baggage being handled individually, shortage of baggage
cages, too few forklifts, and other delays. In every case, the blame was incorrectly blamed on the
backs of the longshoreman. He wanted to clarify the misinformation that was being spread around
the community about the local port facility.
Laura Cloward, stated the Chamber Board passed a resolution of support for the
investigation of feasibility of constructing a coal fired steam facility. She wanted advocates for the
process to fully research the pros and cons, including financial, community, and environmental
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Citv of Seward, Alaska City Council Minutes
June 12, 2006 Volume 37, Page
impacts. She supported continuing to look at all aspects to assess if this was the right move for
Seward.
Sara Nan, spoke of the impact of the Third Avenue construction. She stated with a small
economic base, it affected everyone in the community. Before construction started, DOT had said
they would work 24 hours a day to keep impact minimal. Nan said it seemed that they were only
working through the night. Because of that, overnight guests were leaving their B&B's because of
noise, and it was hurting the businesses financially.
Gina Fiore, also spoke about the impact of construction on Third Avenue. The only
information she received was from the city, and she thought the impact would be minimal. Her
business was greatly affected. There was no parking and business was down 50%. She wanted to
know who to complain to.
Ron Long, stated with the combined high costs of :fuel and rent now, it was good to reassess
alternative energy resources. He had the opportunity to be a reviewer for the city's''I and T dock
proposals. It was a refreshing experience that he enjoyed, and he thought the city had a superior
proposal on tonight's agenda. He was able to see the process clearly firsthand, and wished to point
out to the community that the city did do things right.
David Paperman, thought the coal generation idea was nutty. He did not want to be
awakened by buzzers, conveyers, and having to wipe off dust on everything. He thought it was a
horrible idea and wanted council to vote down the resolution, and did not want to spend $20,000 for
more studies.
Dave and Wendy Doughty, thanked city employees Non Adelmann and Steve Audette for
their prompt repair of a broken waterline. He did not think it was consumer friendly to make people
wait for the sign variances. He did not know where people would put signs up at. It was not
efficient or reasonable for businesses to have to wait until June 27,2006 to put up a sign.
Doug Olson, said the lack of due process and public process was what created controversies
in Seward. He requested'a presentation on the new Long -Term Care Facility so all the facts could be
presented. He did not see the return on this facility. Olson asked if the levee would be built. He
thought the Long -'Perm Care Facility building would be in an unprotected flood zone and that the
city had no consent from: the voters. He thanked the finance director and city manager on what they
attempted to do on informing the public on SAAMS issues.
Louie Bencardino, director of the economic development group, supported the coal
generation plant. The figures he had seen were way out of line and there was a lot of misinformation
going around. He urged a committee be appointed.
Mark Luttrell, President of the Resurrection Bay Alliance Association, thought coal
generation in Seward was a dumb idea. The resolution was worded poorly and was clearly weighted
for the coal plant proposed by Mr. Marlow. He felt all alternatives should be analyzed and
evaluated. Luttrell recommended ISER do a feasibility study on all resources. He stated the council
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City of Seward, Alaska City Council Minutes
June 12 2006 Volume 37, Page
had received over 150 emails stating this was a bad idea, along with negative information on the
Montana company. Luttrell pointed out Thompson Falls plant in Montana was nearly identical to the
one proposed in Seward.
Approval of agenda and consent agenda
Motion (Lorenz/Bardarson)
Approval of Agenda and Consent Agenda
Motion passed Unanimous
The clerk read the following approved consent agenda items:
The May 8, 2006 regular city council meeting minutes were approved.
The new restaurant eating place public convenienceliquor license request by the Harbor
Dinner Club was approved.
Resolution 2006-67, authorizing a single electronic signatory for electronic banking
transactions with the State of Alaska and other government entities.
Resolution 2006-70, authorizing the city manager to accept a grant in the amount of $9,491.04
from the Alaska Highway Safety Office for 2006 Impaired Driving and Occupant Protection
and appropriating funds.
Resolution 2006-72, authorizing the discharge of fireworks by the Chamber of Commerce
during the 2006 Independence Day Celebration.
Resolution 2006-73, supporting the Municipal Advisory Group Resolution 2006-01 that
amends Alaska Statute 43.82.505 by adding a new subsection to clarify proposed legislation of
the Stranded Gas Development.
Public hearings
Resolutions requiring a Public Hearing
Resolution 2006-071, authorizing the city manager to proceed with the acquisition of land,
Forest Acres Subdivision, Lots AW, AV, AX, AY, BA, AZ, BC, BD, CL, CK, CM, CJ, CN, CI,
CO, CH, CP, CG, and a portion of the unsubdivided remainder of the NE 1/a, NE 1/a of section
33, TIN, R1W, Seward Meridian, and appropriating funds for the future long term care site.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared to address the Council and the public hearing was closed.
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City of Seward, Alaska City Council Minutes
June 12 2006 Volume 37, Page
Council member Schafer declared a conflict because he owned the property in question.
Mayor Shafer ruled a conflict existed. Council member Schafer left the dais.
Motion (Dunham/Lorenz)
Resolution 2006-071
Corbridge stated this property was needed to purchase for the site of the Long -Term Care
Facility. With the possible addition of a new hospital to the area in the future, he explained why a
larger site would be better. This was a negotiated contract and the price per acre was substantially
below what others wanted.
Motion passed Unanimous
Unfinished business
Resolutions postponed from previous meeting
Resolution 2006-064, recommending further study of the Seward Co -Gen, LLC Electrical
Service as a potential source of alternative energy for the community of Seward.
Motion (Lorenz/Thomas) Approve Resolution 2006-064
(previously made at 5122106 meeting)
Corbridge stated this resolution did not involve any other comparisons, but did limit the
scope of further study.
Amendment (Lorenz/Bardarson) Insert "and PACAB" after the city
manager in Section 1.
Amendment Passed Unanimous
Amendment (LorenzNaldatta)
Amendment Passed
Amendment (Dunham/Shafer)
Add "resolve the community's questions
regarding" after the word proposal in
Section 2, and add the "Alaska Interstate
Gas Co." at the end of Section 2.
Yes: Lorenz, Bardarson, Valdatta,
Schafer, Mayor Shafer
No: Dunham
Add "but not limited to" after the word
"including", and include "coal gasification"
in the 41h Whereas.
Amendment Passed Unanimous
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City of Seward, Alaska City Council Minutes
June 12 2006 Volume 37, Page
Amendment (Schafer/Lorenz) Strike Section 3 altogether
Amendment Passed Unanimous
Main Motion Passed as Amended Unanimous
New business
Resolutions
Resolution 2006-68, authorizing change order #5 to the contract with Wm. I Nelson and
Associates for engineering and consulting services on the Japanese Creek Levee, and
appropriating funds.
Motion (LorenzBardarson) Approve Resolution 2006-68
Corbridge stated this change order would complete all the work that needed to be done to
find funding for the new alignment that council recently approved.
In response to questions, Corbridge stated each time the levee was relocated it needed to be re -
engineered and re -permitted.
Finance Director Kristin Erchinger stated that the city was trying to get this portion of the
levee project moving in conjunction with the paving of the Mile 0-8 project with DOT. A culvert
needed to be put in across the highway. She informed council there was a 5-year moratorium on
cutting into new asphalt. Erchinger said the levee culvert needed to be installed at this phase, or it
would delay the levee project further. With additional funding, the engineers could begin discussing
this process with DOT and the ARR. A location had been agreed to, and administration would try to
get a federal agency to pay for the culvert. She explained this work was completed last year, but
when the alignment was moved it needed to be re -engineered. New agencies and new players were
involved now, so it was back to square one with the hydrology, biology, geology and other issues.
Erchinger said the permit applications were submitted in February, but it had not gone out to public
comment yet because the agencies wanted more information.
In response to questions, Erchinger refreshed memories about the lack of funding of the
project and the new alignment escalating the costs. Construction funding for the new location would
be difficult. She stated an acceptable outfall of the culvert was negotiated, but it would be a very
expensive culvert in that location.
Motion passed
Unanimous
Resolution 2006-069, approving concept design for the Waterfront Pavilions.
Motion (Lorenz/Bardarson) Approve Resolution 2006-069
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City of Seward, Alaska City Council Minutes
June 12 2006 Volume 37, Page
Mayor Schafer wanted the community to get a chance to decide and wished to take extra time
to advertise this.
Motion (Schafer/Lorenz)
Motion Passed
Postpone to June 26
Unanimous
Resolution 2006- 774, authorizing the city manager to enter into an agreement with Tryck
Nyman Hayes, Inc. to provide engineering and design services for the I & T docks and the
travel lift / bulkhead in the Small Boat Harbor for an amount not to exceed;$130,000.00.
Motion (Bardarson/Dunham) Approve Resolution'2006-074
Ransom informed this service went out for a request for proposal (RFP). There were three
proposers with Ron Long, Kim Kowalski and the city's engineers as the selection committee.
Beforehand, Ransom had discussed potential needs with Icicle Seafoods.
Motion passed Unanimous
Other New Business Items
The City Attorney and City Clerk discussed and answered questions about the Open Meetings
Act and the mechanics of Executive Sessions.
The topic of naming the new Long -Term Care facility came up. Soliciting from public
participation at a later date was determined to be the best option.
Seating the city council in January instead of directly after the election because of budget
issues came up. ;City Clerk Lewis stated there was not enough time to get this on the ballot for
October since there were pre -clearance issues. Council would pursue this option next year.
Informational items and reports
Providence Seward Medical Center April 2006 financial report.
Council comments
Mayor Shafer appointed Ron Long or Jerry Waliezer, Tim Barnum, Clark Corbridge, Mark
Luttrell, Dorene Lorenz, and Steve Schafer to the Alternative Energy Exploration Committee. She
felt distress for the Third Avenue merchants. She thought these extenuating circumstances warranted
code suspensions for those businesses. Shafer remembered the VISTA worker would be working on
economic development and writing grants for the city. She wished to give him direction to research
grants for home winterization to cut energy costs.
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June 12 2006 Volume 37, Page
Bardarson wanted the city to do what they could for the sign variances for the next two
months and inquired which side streets would be paved.
Schafer commended the whole crew who were trying to make it work for people with the
Third Avenue project. He thought the rules should be suspended to put the signs somewhere. He
was afraid it was killing the smaller businesses and thought parking on the side streets should be
allowed and utilized.
Dunham thought the city should bend over backwards for the businesses affected by the road
project. He too thought the sign ordinance should be suspended. He informed that Seward had lost
Lucy Broughton and its second oldest citizen Wilma Lind this past week. He mentioned a memorial
would be held for ex -mayor Bob Richardson June 23rd. Dunham wanted an alternate route out of
town pursued again, and the Senior Citizen building fixed with the next budget. He thanked Carl
Norman for coming in and speaking in support for the longshoreman.
Lorenz thanked the city employees that assisted the road crews. She thanked PACAB and
the Planning & Zoning Commission for their efforts and work for this community. She thought
DOT should put up a big sign up for all the businesses. She requested the city manager to contact
DOT to address newer problems at a town meeting. Lorenz also wanted to lend support to the local
longshoreman.
Valdatta thought J dock was a mess and access needed to be paved. He thanked all who put
together the packets for the Navy and congressional delegation recently.
Citizens' comments
Carl Norman, stated the longshoreman in Seward were only 10 people compared to 30
working people in Southeast. They single handedly moved all luggage from the ships by hand. The
workload was tremendous on these employees, and he wanted the council to know the truth.
Gina Fiore, thanked the council for their support on the signage. This would be going on all
summer. She thought it was a good idea for DOT to make a billboard type of sign. Fiore thought
another meeting with DOT would be helpful. She was unprepared for this much disruption and was
issuing discounts for the business.
Sara Nan, came to get the attention for merchants of Third Avenue. This construction was
night time only, and employees Nort Adelmann and Steve Audette were out there constantly. She
stated city employees could be counted on, but this was not normal construction. There was no
equipment or manpower during the day.
Matt Gray, expressed his dissatisfaction with the coal generation consideration. The
environment was critical and could not be polluted. The impact needed to be studied. There were
other ways to handle power outages. He noted the coal generation was ruining China. Gray urged
council to keep open minds while trying to cut costs for everybody. He offered to be on the
Alternative Energy Committee.
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June 12, 2006 Volume 37, Page
Council and administration response to citizens' comments - None
Adjournment
The meeting was adjourned at 10:55 pm
Jean Lewis Vanta Shafer
City Clerk Mayor
(City Seal)
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