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07272009 City Council Packet
Seward City Council Agenda Packet The rrFen's Handcycle Longseat racers at starting tine Challenge Alaska Race, Seward, Alaska 1u6y zo, zooq ®cgriswold July 27, 2009 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska ~d CITY COUNCIL MEETING AGENDA All-Amer(caCity • ~ ` ~ ~ ~ ~ {Please silence all cellular phones and pagers during the meeting} ~~ ~ ~ Note N>N,W time. July 27, 2009 7:00 p.m. Council Chambers Clark Corbridge Mayor Term Expires 2009 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITI7ENS' 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.) 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 membe~° so requests. In the event of such a request, the item is returned to the Regular Agenda) Willard E. Dunham Vice Mayor Term Expires 2010 Robert Valdatta Council Member Term Expires 2009 Tom Smith Council Member Term Expires 2009 Betsy Kellar Council Member Term Expires 2009 Jean Bardarson Council Member Term Expires 2010 Marianna Keil Council Member Term Expires 2010 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Sea Otter Awareness Week Proclamation .....................Pg. 4 7. B. Borough Assembly Report C. City Manager's Report D. Chamber of Commerce Report E. Other Reports, Announcements and presentations. PUBLIC HEARINGS A. Ordinances Requiring a Public Hearing 1. Non-Code Ordinance 2009-004, Appropriating Funds In An Amount Not To Exceed $500 To Make Expenditures Which Could Influence The Outcome Of An Election Concerning 2009 Advisory Ballot Proposition # 1 Which Addresses The Addition Of Fluoride To The City Of Seward Drinking Water To The Level Of 0.7-1.2 Parts Per Million As Recommended By The U.S. Public Health Service ..............................................Pg. 5 City of Seward, Alaska Council Agenda July 27, 2009 Page 1 2. Non-Code Ordinance 2009-005, Appropriating $500 To Make Expenditures That Could Influence The Outcome Of An Election Concerning Advisory Ballot Proposition #2 Which Asks The Qualified Voters If The City Should Increase The Sales Tax From 4.0% To 4.5% With The Understanding That The Additional Funds Are Expected To Be In An Amount Sufficient To Cover A Portion Of The Proposed Library/Museum Operating And Construction Costs . .........................................................Pg. 15 3. Non-Code Ordinance 2009-006, Appropriating $500 To Make Expenditures That Could Influence The Outcome Of An Election Concerning Ballot Proposition #3 Which Asks The Qualified Voters If The City Should Pursue The Issuance Of General Obligation (GO) Bonds Not To Exceed $5 Million Dollars To Finance The Library/Museum Construction And Capital Costs . .......................................Pg. 20 8. UNFINISHED BUSINESS -None 9. NEW BUSINESS A. Resolutions * 1. Resolution 2009-064, Recommending Kenai Peninsula Borough Approval Of The City Owned Lots 1-6, Block 8, Seward Original Townsite, Library Replat, Located At The Southwest Corner Of Adams Street & Sixth Avenue. ............................Pg. 24 *2. Resolution 2009-065, Authorizing Emergency Repairs To The Basement Floor In City Hall In An Amount Not To Exceed $30,000, And Appropriating Funds. ......Pg. 33 3. Resolution 2009-066, Authorizing Purchase Of A Used Rather Than New Water Tanker Truck From Cascadia International, Previously Authorized By Resolution 2008- 134 . .............................................................................................Pg. 35 4. Resolution 2009-067, Authorizing The City Manager To Enter Into An Agreement With Transpac Marinas, Inc. To Provide Timber Floats For The Seward Small Boat Harbor East Harbor Expansion Project (Z Float) For An Amount Not To Exceed $704,817.00, And Appropriating Funcls . ..................................................Pg. 37 *5. Resolution 2009-068, Exercising The Option To Extend The Contract For External Audit Services With Mikunda, Cottrell & Co. For Two Years ..........................Pg. 45 6. Resolution 2009-069, Authorizing The City Manager To Enter Into A Purchase Agreement With General Switchgear Inc. For The Purchase Of Switchgear To Be Used In The Fort Raymond Substation -Generation Addition Project For A Total Amount Not- To-Exceed $213,074.00 And Appropriating Funds . ....................................Pg. 51 B. Other New Business Items City of Seward, Alaska Council Agenda July 27, 2009 Page 2 1. Vote and appoint three to the Port and Commerce Advisory Board with terms to expire July, 2012. Applicants are: Daryl Schaefermeyer, Russ Maddox, Theresa Butts, and Robert Buck. ....................................................................................Pg. 65 10. INFORMATIONAL ITEMS AND IZEPOR'I'S (No action required) A. National League of Cities Conference Report by Council Member Kellar. B. City Financial Report ...............................................................Pg. 70 C. Providence Financial Report .......................................................Pg. 71 D. Certificate of Completion for Johanna Dollerhide for the Northwest Clerks Institute Master Academy . .........................................................Pg. 74 11. COUNCIL COMMENTS 12. CITIZENS' COMMEN"TS [~ minartes per individual -Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTI2A'I'1ON RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda July 27, 2009 Page 3 PR O CLAMA T'ION WHEREAS, the sea otter is a symbol of wilderness, an integral part of Alaska's natural ecosystem, and serves as an indicator for the overall health of Alaska's near shore marine ecosystem; and WHEREAS, a growing awareness of the benefits ofmaintaining the health of the near shore marine ecosystem has raised public interest in the sea otter; and WHEREAS, disease from a variety of sources, including land-based bio%gical pathogens, accounts for mortality for sea otters in a given year; and WHEREAS, the survival of the sea otter in Alaska remains dependent upon continued public support and increased understanding of the essential role sea otters play in nature; and WHEREAS, the Alaska Sealife Center is dedicated to the research and preservation of sea otters and has participated in Sea Otter Awareness Week for many years; and WHEREAS, every year, the organization Defenders of Wildlife promotes Sea OtterAwareness Week to teach people about the integral role that sea otters play in the near shore marine ecosystem and to promote research and conservation programs; and WHEREAS, this proclamation will be sent to Defenders of Wildlife to show Seward's support for Sea OtterAwareness. NOW, THEREFORE I, Clark Corbridge, Mayor ofthe City of Seward, on behalf of the City Council and citizens, from this day forward, hereby proclaims September 27, 2009 through October 3, 2009 to be: SEA OTTER A WARENESS WEEK in Seward, Alaska, and commend this observance to the people ofthis city. Dated this 27`h day ofJuly, 2009. Clark Corbridge, Mayor Sponsored by: Oates Introduction: July 13, 2009 Public Hearing: July 27, 2009 Enactment: July 27, 2009 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-004 A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $500 TO MAKE EXPENDITURES WHICH COULD INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING 2009 ADVISORY BALLOT PROPOSITION #1 WHICH ADDRESSES THE ADDITION OF FLUORIDE TO THE CITY OF SEWARD DRINKING WATER TO THE LEVEL OF 0.7-1.2 PARTS PER MILLION AS RECOMMENDED BY THE U.S. PUBLIC HEALTH SERVICE WHEREAS, the Seward City Council passed Resolution 2009-043 on May 26, 2009 to submit Advisory Proposition # 1 to the qualified voters at the October 6, 2009 regular municipal election advising whether to fluoridate the city's drinking water; and WHEREAS, there are pros and cons to adding fluoride to community water supplies and there is passion among both the proponents and opponents of fluoridation; and WHEREAS, in an attempt to remain neutral in this debate and let the voters decide, it may be necessary for the city to put out a pro and con statement to educate voters on both sides of this issue; and WHEREAS, some money may be used to put out a neutral statement; and WHEREAS, the city council has determined it is in the public interest this issue be submitted to the qualified voters of the city; and WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election and require registering and reporting under AS 15.13.040 and AS 15.13.050; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 50.360(b), the City Council must appropriate funds since the education process may influence the outcome of an election; and WHEREAS, under AS 15.13.145, a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body. 5 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-004 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby appropriates and authorizes expenditures in an amount not to exceed $500 from the city manager's training and education account number 101-1120-5160 for the purposes of educating the public, if needed, about the pros and cons of adding fluoride to the city's water supply that may have the potential to influence the outcome of the election. Section 2. The City Council further directs and authorizes the city manager and other City officers, officials, and employees, as may be appropriate, to register and to complete and file all necessary reports, forms, and notices relating to election-related expenditures as required by law. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 27th day of July, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 6 Council Agenda Statement 1V[eeting Date: July 13, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk. . Agenda Item: Expending public funds that could influence the outcome _ of an election -Fluoride Advisory Proposition #1 BACKGROUND & JUSTIFICATION: Advisory Proposition # 1 will submit to the qualified voters the question of whether to add fluoride to the City of Seward drinking water to the level of 0.7-1.2 parts per million as recommended by the U.S. Public Health Service. AS 15.13.145 states that money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if those funds have been specifically appropriated for that purpose by state law or municipal ordinance. On the issue of fluoride, the city wishes to remain neutral in its position. In the event the city bf;lieves it should disseminate neutral bipartisan information on this subject to the public, this ordinance provides flexibility and allows for the funds to be expended, if needed, to educate the p~zblic, which could influence the outcome of the election on this matter. The City is allowed to prepare and distribute neutral materials to educate the public on the proposition before them. The city would have to follow state reporting requirements in 2AAC 50.360 and AS 15.13.140-155 if bipartisan materials and public funds are used. If the city were to use these funds to disseminate bipartisan materials, we would have to follow state reporting requirements in 2AAC 50.360 and AS 15.13.140-155. iT1TENT: The city council wishes to remain neutral on this subject and let the public decide this issue. If the city council decided it needed to expend funds for anon-partisan ballot summary related to this Advisory Proposition # 1, this non-code ordinance provides the flexibility to allow the city council to do so. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: If the council decides it needs to disseminate non-partisan information to educate the public, these funds would come out of the City Manager training and education fund account # 101-1120-5160. Approved by Finance Department: '~,,~ ~~e~,~-c.~J ~ RECOMMENDATION: City Council introduce and enact Non-Code Ordinance 2009-004 appropriating funds for the purpose of possible expenditures to educate the public which could influence the outcome of an election concerning advisory ballot proposition #1, which addresses the addition of fluoride to the City of Seward Drinking water to the level of 0.7-1.2 parts per million as recommended by the U.S. Public Health Service. _g ~ 15.lii.U4U ELECTIONS 692 groups which have registered with commission pursuant to AS 15:13.050. VECO Intl, Inc. v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988), appeal dismissed, 488 U.S. 919, 109 S. Ct. 298, 102 L. Ed. 2d 317 (1988). Applied in Messerli v. State, 626 P.2d 81 (Alaska 1980). II. REGULATIONS. No regulations were necessary to implement the mandatory provisions for filing an appoint- ment of campaign treasurer established by AS 15.13.060(c). Silides v. Thomas, 559 P.2d 80 (Alaska 1977). Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported. (a) [See delayed amendment note.] Except as provided in (g) and (Z) of this section, each candidate shall make a full report, upon a form prescribed by the commission, (I) listing (A) the date and amount of all expenditures made by the candidate; (B) the total amount of all contributions, including all funds contributed by the candidate; (C) the name, address, date, and amount contributed by each contributor; and (D) for contributions in excess of $50 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and (2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer. (b) Each group shall make a full report upon a form prescribed by the commission, listing (1) the name and address of each officer and director; (2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, "contributor" means the true source of the funds, property, or services being contributed; and (3) the date and amount of all contributions made by it and all expenditures made, incurred, or authorized by it. (c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group's treasurer. ~ (d) Every individual, person, nongroup entity, or group making an expenditure shall make a full report of expenditures, upon a form prescribed by the commission, unless exempt from reporting. (e) The report required under (d) of this section must contain the name, address, principal occupation, and employer of the individual filing the report, and an itemized list of expenditures. The report shall be filed with the commission no later than 10 days after the expenditure is made. '~ (f) During each year in which an election occurs, all businesses, persons, or groups that furnish any of the following services, facilities, or supplies to a candidate or group shall maintain a record of each transaction: newspapers, radio, television, advertising, advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation or management, media production or preparation, or computer services. Records of provision of services, facilities, or supplies shall be available for inspection by the commission. (g) The provisions of (a) and (Z) of this section do not apply to a delegate to a constitutional convention, a judge seeking judicial retention, or a candidate for election to a municipal office under AS 15.13.010, if that delegate, judge, or candidate (1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seeking election to office, including both the primary and general elections; (2) accepts contributions totaling not more than $5,000 in seeking election to office, including both the primary and general elections; and J 692 693 ~ STATE ELECTION CAMpaic?vs § 15.13.040 (3) makes expenditures totaling not more than $5,000 in seeking election to office implement , including both the primary and general elections an appoint- fished by AS . (h) The provisions of (d) of this section do not apply to one or more expenditures made d 80 (Alaska '~- by an individual acting independently of any group or nongroup entity and independently ' of any other individual if the expenditures ces to b (1) cumulatively do not exceed $500 during a calendar year; and e 1(d) of this (2) are made only for billboards si s or ~ ~ ~ printed material concerning a ballot proposition as that term is defined by AS 15 13 065(c) 'd by the . . . (i) The permission of the owner of real or personal property to post political signs , including bumper stickers, or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter unless 'd by the the owner customarily charges a fee or receives payment for that activity. The fact that the owner customarily charges a fee or rec i e ves a ment for ostin si ' p Y p g gns that are not political signs is not determinative of whether th and e owner customarily does so for political ~• signs. year, the _ (j) Except as provided in (l) of this section, each nongroup entity shall make a full ididate o report in accordance with AS 15.13.110 upon a form prescribed by the commission and r certified by the nongroup entity's treasurer, listing nmissi (1) the name and address of each officer and director of the nongroup entity; on, (2) the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election; ~utions in - (3) for all contributions described in (2) of this subsection, the name, address date and tion and , , amount contributed by each contributor and, for all contributions described in (2) of this , butor; for subsection in excess of $250 in the a ggregate during a calendar year, the principal occupation and employer of the contributor; and operty, or (4) the date and amount of all contributions made b the non n •es made, as provided for certain independent expenditures in AS 15.1335 a), all expenditures made inc d h , urre , or aut orized by the nongroup entity, for the purpose of influencing the with AS outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expendi- ure shall tures made on behalf of a different nongroup entity for the purpose of influencing the n unless outcome of an election as soon as the total contributions and expenditures to that , nongroup entity for the purpose of influencing the outcome of an election reach $500 in ~\ address a year and for all subsequent contributions and expenditures to that nongroup entity in , nized list a year whenever the total contributions and expenditures to that nongroup entity for the ays after purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500. pups that (k) Every individual, person, nongroup entity, or group contributing a total of $500 or pup shall more to a group organized for the rinci al - A p purpose of influencing the outcome of a ~ertising proposition shall report the contribution or contributions on a form prescribed by the , opinion commission not later than 30 days after the contribution that requires the contributor to ,, media report under this subsection is made. The report must include the name, address, principal occupation and employer of the indi id l fili services, , v ua ng the report and the amount of the contribution, as well as the total amount of contributions made to that group by that ate to a individual, person, nongroup entity, or group during the calendar year. (l) Notwithstandin (b) and (j) of thi g (a) ti f ection to , ~ s sec on, or any fund-raising activity in which contributions are in amounts or values that do not exceed $50 a person the id not to , candidate, group, or nongroup entity shall report contributions and expenditures and supplying of services under this subs ti f ll iary anal ec on as o ows: (1) a report under this subsection must (A) describe the fund-raising activity; to office, (B) include the number of persons making contributions and the total proceeds from the activity; ~~ ~ o § ].5.13.045 ELECTIONS Sec. 15.13.045. Investigations, hearings. (a) The commission may.; nas, administer oaths, hold hearings, and conduct investigations. (b) In conjunction with (a) of this section, the commission may compel. t of witnesses and production of papers, books, records, accounts, documei moray, and may have the deposition of witnesses taken in a manner presci rule or law for the taking of depositions in civil actions when consistent w anal duties assigned to the commission by this chapter. (c) The commission may examine the papers, books, records, accounts, a3 of any person subject to this chapter to ascertain the correctness of a report commission, or in conjunction with an investigation or inspection conducts this section. (d) Subpoenas may be issued and shall be served in the manner prey 44.Ei2.430 and court rule. The failure, refusal, or neglect to obey a subpoenas as contempt in the manner prescribed by law or court rule. The super compel obedience to the commission's subpoena in the same manner as: obedience to a subpoena issued by the court. (§ 14 ch 189 SLA 1975) NOTES TO DECISIONS Cited in Silides v. Thomas, 559 P.2d 80 (Alaska 1977). i ~~~ Sec. 15.13.050. Registration before expenditure. (a) Before making ture in support of or in opposition to a candidate or before making an ei ~ support of or in opposition to a ballot proposition or question, each person individual shall register, on forms provided by the commission, with the c~ (b) If a group intends to support only one candidate or to contribute. to behalf of one candidate 33 1/s percent or more of its funds, the name of theca be a part of the name of the group. If the group intends to oppose only one to contribute its funds in opposition to or make expenditures in opposition t( the group's name must clearly state that it opposes that candidate by using as "opposes," "opposing," "in opposition to," or "against" in the group's naz upon receiving the registration, the commission shall notify the candidate c organization and intent. A candidate may register more than one group t~ candidate; however, multiple groups controlled by a single candidate shall a single group for purposes of the contribution limit in AS 1513.070(b)(1). (§ 1971; am § 15 ch 189 SLA 1975; am § 8 ch 48 SLA 1996; am § 1 ch 3 SL. Effect of amendments. -The 1996 amendment, subsection (b) added the last sente; effective January 1, 1997, rewrote this section. minor stylistic changes. The 2002 amendment, effective April 16, 2002, in NOTES TO DECISIONS Disclosure requirements constitutional. - 753 P.2d 703 (Alaska 1988), appe< The disclosure requirements of this chapter are not U.S. 919, 109 S. Ct. 298, 102 L. Ed. unconstitutionally vague or overbroad, nor do they Cited in Alaska Right to Life Coi violate the constitutional right of the people to pri- F.3d 773 (9th Cir. 2006). vacy. VECO Int'1, Inc. v. Alaska Pub. Offices Comm'n, Sec. 15.13.060. Campaign treasurers. (a) Each candidate and group a campaign treasurer who is responsible for receiving, holding, and c contributions and expenditures, and for filing all reports and statements re. A candidate may be a campaign treasurer. (b ~ Each group shall file the name and address of its campaign treas' commission at the time it registers with the commission under AS 15.13.( 1~ 712 Civil Liberties art. denied, 528 2d 1069 (2000). rtes. (a) Only expenditure j indent expen- ce, except 'an Ming budget of L 15.13.100 -' xpendituxes tor.; >,levision, radio; >, iat supports or': vertisement, or ~rtify that this pproved by the ide by a nongrouy ; budget of $250 or ce of business corpo- '> Liberties Union, 978 ' vied, 528 U.S. 1153, X69 (2000). 13.040(d), (e) and: (]), 110, and this section he state's interest in; ms and expenditures ents are not particu- Life Comm. v. Miles, entities. -Compel- g the electorate with rruption and avoiding ~thering the data nec- tive electioneering re- >n of AS 15.13.090 and s. Alaska`l~ight to Life, 9th Cir. 2006). ~-group entities. - STATE ELECTION CAMPAIGNS § 15.13.155 713 - Nothing prevents individual organizers of non-group may communicate their endorsements to their em- entities from either forming a "group" to collect con- ployees or members. State v. Alaska Civil Liberties tributions and make expenditures, or soliciting indi- Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 vidual contributions from other members without U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (2000). relying on treasury funds; further, non-group entities Sec. 15.13.140. Independent expenditures for or against ballot proposition or question. (a) This chapter does not prohibit a person from making independent expenditures in support of or in opposition to a ballot proposition or question. (b) An independent expenditure for or against a ballot proposition or question (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other requirements of this chapter; and (2) may not be made if the expenditure is prohibited by AS 15.13.145. (§ 24 ch 48 SLA 1996) ~ec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b) and (c) of this section, each of the following may not use money held by the entity to influence the outcome of the election of a candidate to a state or municipal oi1`ice: (1) the state, its agencies, and its corporations; (2) the University of Alaska and its Board of Regents; ~ (3) municipalities, school districts, and regional educational attendance areas, or another political subdivision of the state; and (4) an officer or employee of an entity identified in (1) - (3) of this subsection. (b) Money held by an entity identified in (a)(1) - (3) of this section may be used to 'influence the outcome of an election concernin edbf ll that purpose by a state aw orla if the funds have been specifically appropriat ' municipal ordinance. c) Money held by an entity identified in (a)(1) - (3) of this section may be used ~l) to disseminate information about the time and place of an election and to hold an election; n (2) to provide the public with nonpartisan information about a ballot proposition or ~' question or about all the candidates seeking election to a particular public office. (d) When expenditure of money is authorized by (b) or (c) of this section and is used to influence the outcome of an election, the expenditures shall be reported to the commission `? in the same manner as an individual is required to report under AS 15.13.040. (§ 24 ch 48 SLA 1996) Sec. 15.13.150. Election edueationan ed c tional lect onorelateddcommurii atpons does not prohibit a person from engaging and activities, including (1) the publication of the date and location of an election; (2) the education of students about voting and elections; (3) the sponsorship of open candidate debate forums; (4) participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party, or political position; (5) the dissemination of the views of all candidates running for a particular office. (§ 24 ch 48 SLA 1996) Sec. 15.13.155. Il,estrictions on earned income and honoraria. (a) A candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write-in candidate for the office, may not (1) seek or accept compensation for personal services that involves payments that are not commensurate with the services rendered taking into account the higher rates generally charged by specialists in a profession; or ,.,, ,,_ ~, 2 AAC 50.351 ALASKA ADMINISTRATIVE CODE 2 AAC ~ ~ ,` 2 AAC 5C 2 AAC 50.351. Independent expenditures. Repealed~;;,~ 5114/80, Register 74; am 6/29/84, Register 90; repealed 1/,1/2 Register 156) Editor's note: The substance of 2 AAC ;10.351 was relocated to 2 AAC 50.270. 2 AAC 50.352. Ballot measure activity. (a) Aperson, includiu corporation or labor union, may make contributions to influenc~ outcome of a ballot proposition. (b) Aperson who makes contributions to influence the outcome ballot proposition (I) must report those contributions as required by AS 15.1:3 and , (2) may not make • (A) anonymous contributions; or i (B) contributions using the name of another, as set qut~;~ 2 AAC 50.258. (c) A cor oration com an ~~~~ P ~ p y, partnership, firm, association, orgari$ Lion, business trust, labor union, or publicly funded entity may repj its contributions and expenditures under AS 15.13.040(d) and (~3 an individual if (1) all contributions and expenditures to influence the outcome a ballot measure election are made from the organization's Belie: day-to-day operating account; and ' (2) the organization does not assess, collect, pool, or solicit ino or anything of value for the purpose of influencing a ballot me~~, election. ' (d) A corporation, company, partnership, firm, association, or,~a nation, business trust, labor union, or publicly funded entity that: di not meet the requirements in (c) of this section must register''.a report as a group. (e) An individual who makes expenditures to influence the outcoi of a ballot proposition election need not report those expenditures if` individual makes them in accordance with AS 15.13.040(h). (F 1/7/2001, Register 157) ' ~~; Authority: AS 15.13.010 AS 15.13.040 AS 15.13.065 AS 15.13.030 2 AAC 50.355. Loans. Repealed 1/4/86. f 2 AAC 50.356. Use of public money. (a} Funds are spec appropriated for the purposes of AS 15.13.145(b) if the approl k~ody provides notice on the public record that the funds will be influence the outcome of an election. (b) In the absence of a specific appropriation, an officer or er of an entity who is identified in AS 15.13.145(a)(4) may use 338 13 ~~, ~„ 1 AAC.;~.~ ~~~~ < 2 AAC 50.357 ADMINISTRATION 2 AAC 50.361 ~peale. 'held by that entity to communicate about a ballot proposition or tied ~/,.' question if the communication is made in the usual and customary performance of the officer's or employee's duties. (c) For the purposes of AS 15.13.145(c)(2), information is nonparti- "' san if it does not advocate a position in an election. Nonpartisan ,~ information includes the official language of a ballot question, a ri, inclu neutral ballot summary, or if provided for all candidates seeking a influ_.~}c 'particular office, the candidates' names, contact information, or state- ~~ ments. ~.outc~''"' (d) If an entity or individual identified in AS 1513.145(a)(1)-(4) uses money held by the entity to make an election-related expenditure, -S 1 :l`. ~ the expenditure must be. disclosed on a report of contributions or ~"~3 'independent expenditures under AS 15.13.040(d) and (e) unless the t{;: *r expenditure is made only to disseminate information about the time ~ and place of an election or to hold an election. (Eff. 1/1/2001, Register `r ~ ` set, ; ,q* 156) Authority: AS 15.13.010 AS 15.13.030 AS 15.13.145 on, orgy;., y may,, ~,;' 2 AAC 50.357. Contributions in tlae name of another. Re- d) ancl„ ~' ;pealed. (Eff. 1/4/86, Register 97; repealed 1/1/2001, Register 156) to outco~ Editor's note: The substance of 2 AAC `-` 3 ;ion's g~,. 50.357 was relocated to 2 AAC 50258. ?°~ 2 AAC 50.360. N~unicipalities. (a) If a municipality seeks to 'Oi iy~t~: ~ influence the outcome of an election, using budgeted municipal funds, 11,~tme~ it shall report as an individual under AS 15.13.040(d) and (e). (b) All communications which are paid for by a municipality and tion or ity Ilia which are related to an election are considered to be intended to .- influence the outcome of an election unless they are only notices of registers= .., the election or unless they are required by statute, charter, or ordi- -, ; the o~ ~ .° nance. (c) The municipality shall file with the commission a list of candi- iiture5} dates and their mailing addresses within seven days fallowing the ~4O~ h J'; ~? deadline for filing for municipal office. ~~`' y' (d) If a municipality seeks to influence the outcome of an election .13.06<, ~.~Gne using funds contributed to it for that purpose, it shall register and ,r report as a group under AS 15.13.040(b) and (c) and AS 15.13.050. '~ (Eff. 5/16/76, Register 58; am 1/4/86, Register 97; am 8/22/97, Register ~~ 143) ~~ .~,,,~ g ? ~~ Authority: AS 15.13.010 AS 15.13.040 AS 15.13.090 tpropr . '.. AS 15.13.030 AS 15.13.050 11 be used 2 AAC 50.361. Reporting by special interest groups. Repealed 10/18/81. ~r eiri~~ use;.: u a `' ~, 339 ~_ nn ~. ~t Sponsored by: Oates Introduction: July 13, 2009 Public Hearing: July 27, 2009 Enactment: July 27, 2009 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $500 TO MAKE EXPENDITURES THAT COULD INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING ADVISORY BALLOT PROPOSITION #2 WHICH ASKS THE QUALIFIED VOTERS IF THE CITY SHOULD INCREASE THE SALES TAX FROM 4.0% TO 4.5% WITH THE UNDERSTANDING THAT THE ADDITIONAL FUNDS ARE EXPECTED TO BE IN AN AMOUNT SUFFICIENT TO COVER A PORTION OF THE PROPOSED LIBRARY/MUSEUM OPERATING AND CONSTRUCTION COSTS WHEREAS, in 2003, the community selected a new library/museum project as part of the Seward Centennial celebration to reach completion by 2012, the 100`" anniversary of the incorporation of the city; and WHEREASI, the estimated cost of the new library/museum including planning, design, construction, project management, furniture and fixtures is $10 million; and WHEREAS, on June 22, 2009 Resolution 2009-054 was approved by the city council which will submit Advisory Proposition #2 to the qualified voters asking whether to increase the sales tax rate by 0.5% to fund operating and capital costs of the new library/museum, with the understanding that sales tax revenues cannot be dedicated for a specific purpose; and WHEREAS, a 0.5% increase in sales tax is expected to generate approximately $500,000 per year that could assist paying the annual general obligation (GO) bond payments; and WHEREAS, the intent for the increase in sales tax is expected to fund operating and capital costs associated with the construction and ongoing maintenance of a new library/museum; and WHEREAS., over $1 million has been committed to this project through private donations, grants, city contributions and professional in-kind services; and WHEREAS, the library/museum building committee plan includes raising $1 million from private and individual foundations and donations, and $4-5 million from state and federal funding; and WHEREAS, the remaining $5 million would come from general obligation (GO) bonds if approved by the voters; and ~J CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 WHEREAS, the estimated annual debt service on general obligation (GO) bonds fora 25-year period with an assumed 5.75% borrowing rate is approximately $380,000 per year, with the remainder of the additional sales tax available to be used to pay for increased operating, repairs, and maintenance costs; and WHEREAS, choosing to increase the sales tax places the burden of the new library/museum capital and operating costs on all individuals who benefit from city services, whether they live outside the boundaries of the City of Seward or are visitors; and WHEREAS, the city may need to expend municipal funds in order to educate the public about this project; and WHEREAS, the city council has determined it is in the public interest this issue be submitted to the qualified voters of the city; and WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election and require registering and reporting under AS 14.13.040 and AS 15.13.050; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 50.360(b), the City Council must appropriate funds since the education process may influence the outcome of an election; and WHEREAS, under AS 15.13.145, a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby appropriates and authorizes for expenditure $500, if needed, from the city manager's training and education account #101-1120-5160 to be used to influence the outcome of an advisory vote regarding a proposed increase in sales tax of 0.5%. Section 2. The City Council further directs and authorizes the city manager and other City officers, officials, and employees, as may be appropriate, to register and to complete and file all necessary reports, forms, and notices relating to election-related expenditures as required by law. Section 3. This ordinance shall take effect ten (10) days following enactment. CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 ENACTED by the City Council of the City of Seward, Alaska this 27`h day of July, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) -1 `~ Council Agenda Statement Meeting Date: July 13, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk Agenda Item: Expending public funds that could influence the outcome of an election -Library/Museum Sales Tax Increase Advisory Proposition #2 BACKGROUND & JUSTIFICATION: Advisory Proposition #2 will submit to the qualified voters the question of whether the city should increase the sales tax from 4.0% to 4.5% with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed Library/Museum operating and construction costs. AS 15.13.145 states that money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if those funds have been specifically appropriated for that purpose by state law or municipal ordinance. The city foresees material possibly being disseminated by the Library/Museum Building Committee. Although the city is asking the qualified voters of the community to decide this issue, the city may find it needs to disseminate information on this subject to educate the public, therefore, this non-code ordinance authorizes the expenditure of public funds and provides the flexibility to expend funds if needed. Such information could influence the outcome of the election. The City is allowed to prepare and distribute neutral materials to educate the public on the proposition before them. However, under AS 15.13.145, a municipality may not use money to influence the outcome of an election unless the funds have been specifically appropriated for that purpose by the elected body. Since dissemination and postage would cost money, and the City may wish to educate the public on this matter, this non-code ordinance is needed to use budgeted municipal funds and follow the reporting requirements as stated in 2 AAC 50.360 and AS 15.13.140-155. INTENT: To have budgeted funds available in case the city council found it needed to put out educational materials related to this matter and the new Library/Museum Project for Advisory Proposition #2. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 1~ FISCAL NOTE: If needed, funds would come from the City Manager Training and Education account # 101-1120- 5160. Approved by Finance Department: ~~ ~~ RECOMMENDATION: City Council introduce and enact Non-Code Ordinance 2009-005 appropriating funds for the purpose of possible expenditures to educate the public which could influence the outcome of an election concerning advisory ballot proposition #2, which would increase the sales tax from 4.0 to 4.5% with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed Library/Museum operating and construction costs. ~~ Sponsored by: Oates Introduction: July 13, 2009 Public Hearing: July 27, 2009 Enactment: July 27, 2009 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-006 A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $500 TO MAKE EXPENDITURES THAT COULD INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING BALLOT PROPOSITION #3 WHICH ASKS THE QUALIFIED VOTERS IF THE CITY SHOULD PURSUE THE ISSUANCE OF GENERAL OBLIGATION (GO) BONDS NOT TO EXCEED $5 MILLION DOLLARS TO FINANCE THE LIBRARY/MUSEUM CONSTRUCTION AND CAPITAL COSTS WHEREAS, in 2003, the community selected a new library/museum project as part of the Seward Centennial celebration to reach completion by 2012, the 100th anniversary of the incorporation of the city; and WHEREAS, the estimated cost of the new library/museum including planning, design, construction, project management, furniture and fixtures is $10 million; and WHEREAS, on June 22, 2009, Resolution 2009-053 was approved by the city council which will submit Proposition #3 to the qualified voters asking whether to incur debt and issue general obligation bonds not to exceed $5 million dollars to finance the construction and other capital costs of the Library/Museum Project; and WHEREAS, general obligation bonds may only be issued following approval by the qualified voters of the city; and WHEREAS, after raising half of the estimated total cost of the project from other sources, the remaining $5 million would come from the issuance of general obligation (GO) bonds; and WHEREAS, the estimated annual debt service on general obligation (GO) bonds fora 25-year period at an assumed 5.75% borrowing rate is approximately $380,000 per year; and WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election and require registering and reporting under AS 15.13.040 and AS 15.13.050; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 50.360(b), the City Council must appropriate funds since the education process may influence the outcome of an election; and _a `~ CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-006 WHEREAS, under AS 15.13.145, a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. 'The City Council hereby appropriates and authorizes for expenditure $500, if needed, from the city manager's training and education account # 101-1120-5160 that may be used to influence the outcome of the election for the purpose of educating the public on the issuance of general obligation bonds for the Library/Museum Project. Section 2. 1'he City Council further directs and authorizes the city manager and other City officers, officials, and employees, as may be appropriate, to register and to complete and file all necessary reports, forms, and notices relating to election-related expenditures as required by law. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska this 27`" day of July, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) ~, ~~ Council Agenda Statement Meeting Date: July 13, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk` Agenda Item: Expending public funds that could influence the outcome of an election -Library/Museum GO bond issuance Proposition #3 BACKGROUND & JUSTIFICATION: Proposition #3 will submit to the qualified voters the question of whether the city should pursue the issuance of general obligation (GO) bonds not to exceed $5 million dollars to finance the Library/Museum Construction and capital costs. The city foresees material being disseminated by the Library/Museum Building Committee. In the event the city found it needed to disseminate information on this subject to educate the public, this non-code ordinance authorizes the expenditure of public funds and provides the flexibility to expend funds if needed. Such information could influence the outcome of an election, therefore the city would need to follow state reporting requirements in 2 AAC 50.360 and AS 15.13.140-155. AS 15.13.145 states that money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if those funds have been specifically appropriated for that purpose by state law or municipal ordinance. The City is allowed to prepare and distribute neutral materials to educate the public on the proposition before them. However, under AS 15.13.145, a municipality may not use money to influence the outcome of an election unless the funds have been specifically appropriated for that purpose by the elected body. If the city distributed materials, they would need to follow the reporting requirements as stated in INTENT: To have budgeted funds available in case the city council found it needed to put out educational materials related to this matter and the new Library/Museum Project for Proposition #3. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: If needed, funds would come from the City Manager Training and Education account #101-1120- 5160. G~ Approved by Finance Department: RECOMMENDATION: ~v City Council introduce and enact Non-Code Ordinance 2009-006 appropriating funds for the purpose of possible expenditures to educate the public which could influence the outcome of an election concerning ballot p~°oposition #3, which pursues the issuance of general obligation (GO) bonds not to exceed $5 million dollars to finance the Library/Museum construction and capital costs. 23 Sponsored by: Oates SEWARD CITY COUNCIL RESOLUTION 2009-064 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED LOTS 1-6, BLOCK 8, SEWARD ORIGINAL TOWNSITE, LIBRARY REPEAT, LOCATED A'I' TIIE SOUTHWEST CORNER OF ADAMS STREET & SIXTH AVENUE WHEREAS, administration hired Cline and Associates Land Surveyors to prepare areplat of city-owned property described as Lots 1-G, Bloclc 8, Original Townsite of Seward, into a single parcel; and WHEREAS, Lots 1-6, Block 8, Original Townsite of Seward were purchase in preparation for the proposed new Library/Museum Facility; and WHEREAS, the replat vacates the interior lot lines of Lots 1-6, Block 8, Original Townsite of Seward creating one lot approximately 17,90 square feet, to be known as Lot lA, Block 8, Original Townsite of Seward; and WHEREAS, the property is zoned Central Business District (CBD); and WHEREAS, the new lot meets tl~e minimum lot size and width requirement of the Seward City Code; and WHEREAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of t6c Seward Subdivision Code; and WHEREAS, the existing structures l~~cated on this property are currently vacant and planned to be demolished in preparati~~n for the new Library/Museum project; and WHEREAS, at their July 7, 2009 muting the Planning and Zoning Commission approved Resolution 2009-17 recommending the City Council and the Kenai Peninsula Borough approve the Seward Original Townsite, Library ReplaL subject to certain conditions; and WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat ofcity- owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the city council. ~~ CITY OF SEWARD, ALASKA RESOLUTION 2009-064 NOW, THEREFORE, Ill; I7' RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby recommends Kenai Peninsula Borough approval of the Seward Original To~wnsite, I_,ibraiy Replat, subject to the following conditions: A• The title ~f the repl.~~ be changed to Library/Museum Replat. Section 2. This resoh~tioi7 shall taf:e effect immediately upon its adoption. PASSED AND APPROVED by ~I~c City Counei] of Seward, Alaska this 27'~ day of Jul 2009. y THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~ rJ COUNCIL AGENDA STATEMENT Meeting Date: July 27, 2009 Throu h: Phillip Oates, City Manage~'~~~~ v g From: Donna Glenz, Assocate Planner A enda Item: Resolution 2009 ~ Recommending Ci Plat of Lotsnl 6, B ock 8pOriginal g Borough Approval of the Prehmmary Townsite of Seward, Library Replat BACKGROUND & JUSTIFICATION: Attached for Council's review and recommendation to tlo lines of Lots 116, Block 8, O g nal Commission is the preliminary plat to vacate the interior Townsite of Seward. These lot line vacations will combine Lots 1-6 into a single parcel of approximately 17,990 square feet. These lots were purchased as the site location for thevn~cl S ~e d 1~ d / o beu demrolished hn lots currently contain several vacant structures p preparation for the new facility. The vacation of interior lot lines is in accordance with the following sections of City Code: § 12.01.030. No building, except a single family residence may be constructed across platted lot lines; and § l 5.10.140. Lot. 4.... in the case of multiple lots or portions thereof, the property shall be replatted to eliminate interior lot lines. City Code § 16.01.015 (B) stipulates that no preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the City Council. And in accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. It is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the City Council and the Kenai Peninsula Borough regarding subdivision plat proposals. The Planning and Zoning Commission reviewed the preliminary plat at its July 7, 2009 regular meeting and approved Resolution 2009-17 recommending City Council and Kenai Peninsula Borough approval of the Library /Museum Replat. Subdivision Review: Zoning: The parcel is zoned Central Business District (CBD) which allows for the planned Library/Museum project and the current subdivision request meets the minimum lot size and width requirements of the Seward Zoning Code. Utilities: The property is served by the existing public utilities and maintained streets, therefore a ~~ subdivision agreement is not required. Existing water, sewer and electric lines are locate adjacent rights-of--way. There are several fire hydrants within an approved distance. C d m the reviewed the replat and made one recommendation as follows: qty staff t • Change the title of the replat to read Library/Museum replat. Size: The new lot will contain approximately 17,990 square feet. The new lot will have width on Sixth Avenue of approximately 180 feet and a frontage on Adams Street of frontage both of which meet the requirement for lot widths in the Central Business District. 100 feet Existing Use: Currently the parcel contains three (3) structures which are to be demolished for Library/Museum facility. the new Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: These lots were purchased as the project site location of the new Seward Library/Museum Facility. The current Seward City Code requires the vacation of all interior lot lines prior to the development of any structure other than a single family home; therefore the administration has requested this replat move forward. ATTORNEY REVIEW: N/A FISCAL NOTE: The surveying and associated fees to complete the re at w e included in the current Community Development budget. Approved by Finance Department ~~~ RECOMMENDATION: ~~ Council approves Resolution 2009 ;`recommending the Kenai Peninsula Borough approval of Lots 1-6, Block 8, Original Townsite of Seward, Library Replat subject to the following condition: 1. Change the title of the replat to read Library/Museum replat. ~~ N { -. o Y m ~i ~ ^ 2 m ~ ~ ~ ~ U] ~ .. _ ~o~J ~ {{(LION ~~ `~A P~ ----" V ~ ~ i ~ o ~ i I I I ~ ~ I m I I ~ ~ ~~ _ _ _ 1 ~ _. -- _a v I I~ I, I, - I - - -. -.- o ___ -_. -I I vE - o - v~ ~ EO I O ° ` .t 0 O O ~ ~ ~~ - - - ~" ~ '' ° `~ Y 3 ;,~~ - o U ~ ` U - O m (n ~ 3 ~_"B 3 ~ c O ~ ~ ~ I 4 m W i - ~_ ICI y I .. Ul ~ °y d. ~ I p ° m0 ° ~ ~ ~ i~'' ~. ° o ~ X w U `o ~ v ~ ~? c~n W~ G ~i II q is Q ~, ° ti O p n ~ v °~ ~m _ ~_ U ~ { ~ '^ i o ~ `` ~ ~ ^o Y t< ~ ~ ~ Z Z N ~ ~ ~ ~ W ~QO 3 O o~¢ m°~ OO J m WN o ~ ~3 ~p p p \~Z~u n ~) N vl ~: Y w > v ~~ ° Q ~ j m Z ~ ~ZO~~ ~o Q~ ~~_ p ~ W y H ° ` ~3 h Z O O io C7 ~ ~ w ~~= 2 Q~ ~ W O 0 _. ° _ p ~ ey ~ I~ Q cn ~ F~ W 2 Z Q [i ~ _ 3 J o ~ = ° ~ ~ ~_ .. ~.~ W O~ Q O 3' g m m ~ y ° Z ' ~. o ~' o oQ ~V 3 ~, x ~, _ ~ - ° J ~ O ~( z Q U z ° '° - m ° z ¢ Q o° ~° E°° Y, 3 ti ° v ~ L L I Q ° z o w S r r .^. 4 ~ 0 3~Y ~ ¢ o m ~ ~ Eo a z'so Q p p 0 W ° 3 ~ ~.p RURIn ome t~ln° o z ~ \~G ALL B AINE BLVD. _ __ - - - - ~~ P - ~ BASIS OF BEARIN _ G PLAT - 2009-3 N00'00'03"W 7096.97 ~ ~ ~ \Z~ _ -. _ Y Q_ r I ~ ~ ~ i \ ~ I ~ ~ j ~~ I I ~ ~ ~ ~ ~ ~~ ~, ~~ ~ I~ I / ~ 1 ~ ~ ~ / ° N ~-_ - - r- - i m-1 - --I -- - i - y ~ I ~~/ b ~ _ n ~ O ~ v~ a ~ ~ ~, ~, , ~ ,T ~ ~ a q ~' C ° ~ ~q ~ ~ ~ I ~ ~ O Ob j I ~ W h b 4 ~ Y dl m~ ~" ~ ~ ° ~- -. W ~ °° .. ' o a° .°° " o- ._ _ - - - __ _. - -- - -_ - i ~ ,~ ,~ p m u o ~ \° a o b o m~ .Z c ~ °' h ~ ~ ~ ~ ~ vl4 Ra ~ ~ SIXTH AVENUE ~ ~ g ~ ~®~e o 1 °1 m S00'10'S9"E 239.55' _ _ _ ~ _ - S00'10'S9'E 179.66' S9.8B ~ m ~ o rn °' Q Y O n ~ O v D.: O N nyc ~`am ~~ c~ m i m o ~ mb a 3 °i -o 0 ' Vqo ~ ~ `o a ~ c 3 m o F~ Q O Q ss' n 0 °j ~ ~~~~~ voo~Es .•o~ ~~~ ~ m q m o ~ ~ m: o ~ Q ~ u •~`•.~ •~ ~ ~^ I I ao ~ ~ =~aav~ 1 i t'--~L ] i 0 . . 11' UTILITY EASEMENT o L ° 1 - _~. - ° N m .c b L~ O z ~ ~~ Ot t i~~ ~~ i a ° O f m _ ' " ' ~ in u 6 ~~ w v9.9e Noo~os 3, ALLEY „ ° ~ ¢ ~ , ~; • ;~: oa I ~ ~ O °c ~+ G U mom i ~ ' ~, ~ ~ Y~ ~ ~~> o~°°. i ~ f ~ ~ Q ~ oa ~ ~ oti ~-c E o b _. I ~ o' °j ~ ~ -. ~ ~ ~ '"~ ~ ~' '' ° ~ Q d ° ; ~ °' n ~ O ~ ~ ° ~ J b .c °~ O ~ j U ~ ~ ~ ~ ~ o ~~ `o a m j ~ Q ~ ° c v ° y E o b u ~ ~ i i ~ i ~ m ° _ ~ II y F j 3 U ' _ C° j y - U '~ ~. ° v y ~ p ° ° N E N ' O_ ad Q ~._ ° ~ U ~ ~ c Za E _ c 2 Y O ~' m bc .. uR:' t o v~c ~ N ° _ o W Lots 1-6, Block 8 ~ Original Townsite of Seward W DAMS STREET W Z W Q 2 LL L!_ Lots 1-6, Block 8 Original Townsite of Seward N 0 55 110 Feet Mapping Assistan Provided by I ~ I Alaska Map Co. X City Council Review City Council Mtg 7/27/2009 Library /Museum Replat D.Glenz Sponsored by: Start _ CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMF,NDING CITY COtINCiL AND KENAI PENINSULA BOROUGH APPROVAL OF THE SEWARU ORIGINAL TOWNSITE, L1gRARY REPEAT, CONSISTING OF LOTS 1-6, BLOCK 8, LOCATED AT THE SOUTHWEST CORNER OF ADAMS STREET & SIXTH AVENUE WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a replat of city-owned property described as Lots 1-6, Block 8, Original Townsite of Seward, into a single parcel; and WHEREAS, Lots 1-6, Block 8, Original "l~ownsitc of Seward were purchase in preparation for the proposed new Library/Museum project; and WHEREAS, the replat vacates the interior lot lines of Lots 1-6, Block 8, Original Townsite "'~ of Seward creating one lot approximately 17,90 square feet, to he known as Lot 1 A, Block 8, Original Townsite of Seward; and WHEREAS, the property is zoned Central Business District (CBD); and WHEREAS, the new lot meets the minimum lot size and width requirement of the Seward City Code; and WHF,REAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of the Seward Subdivision Code; and WHF,REAS, the existing structures located on this property are currently vacant and planned to be demolished for the new library/museum project; and WHF,REAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat ofcity- owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the city council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Toning Commission that: So Seward Planning and Zoning Commission Resolution ?009-17 Yage 2 o t' 2 Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.01 S (B), the City Council consent to the submittal of the Seward Original Townsit Library Replat to the Kenai Peninsula Borough. e, Section 2. The Commission further recommends Kenai Peninsula Borough approval of the Seward Original Townsite, Library Replat, subject to the following conditions: A• The title of the replat he changed to Library/Museum Replat. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of July ?009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair -- AYES: Ecklund, McClure, Morgan, Roach', Stauffer NOES: None ABSENT: Heinrich ABSTAIN: None VACAN"I': One ATTEST: ~ /~ dean Lewis. C:MC City Clerk .~.r ~~ ,~y (City Scal) r 2G G ~`~, ~ ~~ ('~~tA ~( ~ ~ 1JLI~L ' + r ~ t ~~ ~ OF A~~;~ '•. . ~~Nsnn~+~~ ~ .~. ~" City of Seward, Alaska July 7, 2009 The following items were approved on the Consent Agenda: 1-~ Planning Commission Minutes Volume 6, Page 2 3 8 Ci Council and Kenai Peninsula Resolution 2009-17 Recommending tY Block 8, Original A royal of the Preliminary Replat of Lots 1-6, Borough PP Re lat, Located Between 229 and 239 Sixth Townsite of Seward, Library P Avenue May 7, 2009 Regular Meeting Minutes and May 19, 2009 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - the Kenai Peninsula Borough Approval of Resolution 2009-15 Recommending the Preliminary Replat of Lots 1 & 2 of USS 241, Clearview Manoximatele Bears Replat, Vacation of Internal Lot Line and DedicatinLocated at 1711 461 Square Feet of Dedicated Iron Drive Right-Of--Way, Seward Highway, Within the Auto Commercial Zoning District Terry reviewed Resolution 2009-15 and explained the differences between the original and substitute resolution. She stated the owners of Three Bears were considering a remodel and they were required to vacate the internal lot lines and were dedicating additional right-of--way of Iron Drive. She explained why this was not on the consent agenda. In response to Ecklund, Terry stated the owners of Three Bears had paid for the survey. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (McClure/Stauffer) Approve Resolution 2009-15 Substitute Motion Passed Unanimous Resolution 2009-16 Recommending Seward City Council and the Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 4A Block 2, Marina Subdivision, Coast Guard Replat, Located South of Port Avenue at Approximately 1509 X-Float Road, within the harbor Commercial Zoning District Terry reviewed Resolution 2009-16 and explained Lot 4A, Block 2 was being created for the planned relocation of the Coast Guard building. She stated prior to final approval the plat should provide access and utility easements for all existing and proposed utilities and accesses. ~~ Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLU'T'ION 2009-065 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING EMERGENCY REPAIRS TO THE BASEMENT FLOOR IN CITY I TALL IN AN AMOUNT NOT TO EXCEED $30,000, AND APPROPRIATING FUNDS WHEREAS, the City of Seward periodically participates in voluntary OSHA inspections in order to promote a safe work environment and to demonstrate our commitment to safety; and WHEREAS, a recent OSHA inspection revealed the need to remove asbestos-containing floor tiles in the basement, i n order to prevent potential contamination; and WHEREAS, the City staff will obtain bids from firms with experience in asbestos abatement, and conduct immediate repairs to the floor to ensure the prevention of exposure to asbestos; and WHEREAS, although this project falls under the purchasing threshold of $50,000 above which Council approval is required, the administration seeks an appropriation since this project was not included in the 2009 Budget. NOW, THEREFORE, BL IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA ti~iat: Section 1. The City Manager is hereby authorized to spend an amount not to exceed $30,000 for the purpose of conducting immediate floor repairs to the basement of City Hall. Section 2. Funding in the amount of $30,000 is hereby appropriated from the General Fund fund balance account no. 10 I -0000-3050 to the Municipal Building repairs account no. 101-1350- 5380. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVL;U by the City Council of the City of Seward, Alaska, this 27`" day of July, 2009. I'HE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor ~3 Council Agenda Statement Meeting Date: July 27, 2009 To: Phillip Oates, City Manager ~/~; From: Kristin Erchinger, Finance Director A enda Item: Emer enc Floor Re airs at Cit Hall BACKGROUND & JUSTIFICATION: p oses of The City of Seward recently participated in a t 1 Durin 1 the course of tOhat~mspechon, inspectors ensuring the safety of our work environmen g identified the existence of asbestos in the mastic used to adhs not considered detrime al, s long basement of City Hall. The existence of asbestos m this form as the floor tiles are not damaged or disturbed. Due to the age and condition of the floor tiles, it is necessary to replace them before they have the potential to cause contamination. In response to the inspection, staff immediately began contacting contractors to identify firms with the required training, capability and experience to perform asbestos abatement. Although the cost of this prof ect is estimated at $30,000, well below the threshold of $50,000 which requires Council approval, the administration is seeking an appropriation for this project because it was not identified in the capital budget, and there is therefore no funding available for this major repair. INTENT: Inform Council of the existence of asbestos in the floor mastic, obtain approval to engage the services of a firm with expertise in asbestos abatement, and appropriate funds. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding for this project will come frorm the General Fund's fund balance. Approved by Finance Department: t;~1~%~'~-r' e RECOMMENDATION: City Council approve the appropriation of funds to repair the basement floor at City Hall. ~~ Sponsored by: Oates CITY Ol+ SEWARD, ALASKA RESOLUTION 2009-066 A RESOLUTION 01+ 'THF, CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORI%ING PURCHASE OF A i1SED RATHER THAN NEW WATER TANKER "TRUCK FROM CASCADIA INTERNATIONAL, PREVIOUSLY AiITIIORIIED I3Y RESOLUTION 2008-134 WHEREAS, the Public Works Department received Council approval to lease/purchase a water tanker truck (NTE $165,1 ~4) on Decen~iber 8, 2008, in accordance with Resolution 2008-134; and WHEREAS, the Public Works Department was able to obtain less expensive equipment than the specific equipment previously authorized, by purchasing a used, rather than new water tanker truck; and WHEREAS, the City will purchase a used International 7600 Truck with water tanker with less than 2,000 miles, for the price of $106, ] 93; and WHEREAS, the City will pay for the water tanker truck in advance, to be reimbursed through capital financing proceeds at such a time as the City can aggregate the financing of both the water tanker truck and plow/sander truck into a single financing transaction; and WHEREAS, in accordance with Seward City Code 6.10.125, the City Council hereby finds that it is in the public interest to waive corripetitive procurement requirements and purchase used, rather than new, equipment. NOW, THEREFORE, 13E I'T RIa~:~~OLVF,D BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that Section 1. The City Manager is hereby authorized to purchase a used water tanker truck from Cascadia International, in the amount of $106,193 plus a contingency not to exceed 10% ($10,619) for shipping, tires, or other extr~u~c.ous costs. Section 2. The Seward City Council hereby finds it in the public interest to waive the competitive procurement requirements per Seward City Code 6.10.125 which exempts the procurement of used equipment ki-onl con~pctitive procurement, for the purchase of a used water tanker truck. Section 3. The city manager is hereby authorized to purchase the water tanker truck and accessories outright, and to proceed with capital financing of the equipment in order to be reimbursed through capital lease proceeds. Section 4. This resolution shall t~~l:c affect immediately upon its adoption. Council Agenda Statement Meeting Date: July 27, 2009 To: Phillip Oates, City Manageri'~ From: Kristin Erchinger, Finance Director Agenda Item• Purchase of Used Water Tanker Truck BACKGROUND & JUSTIFICATION: The Seward City Council previously authorized the purchase of a new water tanker truck in Resolution 2008-134 passed on December 8, 2008. This resolution authorized purchase of a water tanker in an amount not to exceed $165,154. In the process of researching equipment purchases, Kevin Towsley identified and recommended the purchase of an International Water Tanker Truck with less than 2,000 miles, for the price of $106,193. Staff put a hold on this equipment, hoping to purchase this equipment together with aplow/sander truck which had been included in a State bid contract. However, delays associated with the plow/sander truck purchase have made it necessary to ask Council approval to purchase this equipment separate from the plow/sander. To avoid the duplicate costs of financing however, staff intends to purchase both pieces of equipment through a capital lease/purchase, as authorized by Resolution 2008-134. Therefore, the City will pay for the water tanker truck outright, and request reimbursement at completion of financing both pieces of equipment, to prevent the duplicated efforts required to pursue two separate financing transactions. INTENT: Seek Council approval to amend the previous authorization to purchase a new water tanker truck, by purchasing a used water tanker truck, and to pay for the equipment outright utilizing City cash, with the intent to be reimbursed through capital lease proceeds at the completion of financing. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding for this purchase was previously appropriated in Resolution 2008-134. Approved by Finance Department: l~(/ RECOMMENDATION: City Council approve the purchase of a used water tanker truck from Cascadia International. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TRANSPAC MARINAS, INC. TO PROVIDE TIMBER FLOATS FOR THE SEWARD SMALL BOAT HARBOR EAST HARBOR EXPANSION PROJECT (Z FLOAT) FOR AN AMOUNT NOT TO EXCEED $704,817.00, AND APPROPRIATING FUNDS WHEREAS, on December 10, 2007, the City of Seward Council approved Resolution 2007- 134and authorized the City Manager to proceed with Phase 3 of the East Harbor Expansion Project including design, bid support, and engineering services for Z float in the small boat harbor; and WHEREAS, Resolution 2007-134 also authorized the City Manager to accept a grant in the amount of $1 million from the Denali Commission for Phase 3 of the East Harbor Expansion Project; and WHEREAS, the City of Seward issued a Request for Bids to construct and deliver timber floats for the East Harbor Expansion Project (Z Float); and WHEREAS, as a result of the competitive bid process, Transpac Marinas, Inc. was determined be the lowest responsible bidder with a bid of $612,884.00; and WHEREAS, the City of Seward has had a positive experience working with floats constructed by Transpac Marinas, Inc. in previous harbor construction projects, and the administration recommends approval of a Z float procurement contract with Transpac Marinas, Inc. 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 an agreement in substantially the form as attached hereto to purchase timber floats for Z float with Transpac Marinas, Inc. of Anacortes, Washington for the bid amount of $612,884.00. Section 2. Funding for this contract in the amount of $704, 817.00 (the bid amount of $612,884.00, plus a 15% contingency) is hereby appropriated from the Denali Commission Grant account number 274-2745-4680-0100 to the Infrastructure account no. 274-2745-5925. Said contingency can be utilized only upon prior written approval of the city manager. Section 3. This resolution shall take effect immediately after adoption. ~~ COUNCIL AGENDA STATEMENT r ' ~' ~l `/~ _ i~~ / Ji'~ Meeting Date: July 27, 2009 Through: Phillip Oates, City Manager ~~~ From: Kari Anderson, Harbormaster Subject: Authorizing the City Manager to Negotiate and Execute an agreement with Transpac Marinas, Inc. to manufacture and deliver timber floats for Phase 3 of the East Harbor Expansion Project (Z Float) BACKGROUND & JUSTIFICATION In December of 2007 the SewardCiry Council authorized the City Manager to enter into an agreement with Tryck Nyman Hayes, Inc. (now URS) for engineering services for bid and construction purposes related to Phase 3 of the City's East Harbor Expansion Project (Z Float). Resolution 2007-134 also authorized the acceptance of a $1 million dollar grant from the Denali Commission for Z float. Phase 3 consists of the Z float and related infrastructure, including fire suppression, utilities, upland improvements and a gangway. The proposed float purchase will provide for 870 linear feet of floats to be delivered to Seward. Future funding will provide for the installation of these floats and possible expansion to include approximately 60 new slips for vessels ranging from 40 to 150 feet in length. The City of Seward advertised a request for bids for Z float procurement (the fabrication and delivery of heavy duty timber mooring floats) during the month of June. On July 1, 2009 the three submitted bids were opened and Transpac Marinas, Inc provided the lowest bid in the amount of $612,884.00. A committee of representatives from the City and URS reviewed each bid. The City of Seward has enjoyed a successful working relationship with Transpac Marinas, Inc and they have provided high-quality floats for the Seward Harbor in the past. The City has reviewed the bid from Transpac Marinas, Inc. and recommends awarding the contract for Z Float procurement immediately to meet the March 2010 delivery deadline. The total cost to the City would not exceed $704,817.00 (the bid amount of $612,884.00, plus a 15% contingency). CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X Economic Development, Small Boat Harbor Development, expand and maximize potential of the existing harbor. 2. Strategic Plan X Economic Base, Improve and Expand Maritime Facilities: complete eastward expansion of the Small Boat Harbor. ~~ CITY OF SEWARD RESOLUTION 2009- Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE An appropriation of $704,817.00 is required from a $1 million Denali Commission grant awarded for the Z- Float Project account number 274-2745-5925. It is necessary for the City to seek additional grant funds to complete this project. A portion of the State's commercial passenger vessel tax funds will likely to be used for this project also, but additional as-yet uni ' ied grant funds are still required for completion. Finance Department: o¢~~,'~ ~/1?~. «t1~' .> ~~i~f ATTORNEY REVIEW: X RECOMMENDATION Council approve Resolution 2009- ~(~ authorizing the City Manager to negotiate and enter into a contract with Transpac Marinas, Inc. for construction and delivery of timber floats. 39 PLRCHASE AND SALE :3GREEwIENT BETWEEN TH.E CITY OF SEWARD AND TR.ANSPaC MARINAS, INC. BETWEEN the City: and: CITY OF SE~~'ARD, ALASKA THE ("CITY") Post Office Box 167 Seward, Alaska 99664 Phone: 907.224.4077 Fax: 907.224.7187 TRANSPAC MARINAS, INC. ("MANUFACTURER") PO Box 1169 Anacortes. WA 98221 Phone: 360.293.8888 Fax: 360.293.8880 The Project is: MANUFACTURE AND DELIVER IN SEWARD, ALASKA HEAVY DUTY TIMBER MOORING FLnATS. The City's Engineer is: URS CORP02~T10N {"URS") 91 1 West Eight Avenue, Suite 300 Anchora;e, Alaska 99501 Phone: 907.279.0543 Fax: 907.276.7679 The City and Manufacturcr agree as follows SCOPE OF WORK Manufacturer shall furnish ali materials, labor and equipment necessary to fabricate, deliver and properly store approxunately 12,240 sq ft of new, high quality, heavy-duty timber mooring floats in accordance with the Contract Documents. These floats will be installed at the Seward Small Boat Harbor under a separate contract at a later date. The completed floats and specified equipment will he delivered to, offloaded, and safely stored in Seward, Alaska by the Manufacturer. The completed floats shall be delivered to the designated storage location nearby the Seward Small Boat Harbor, Seward, Alaska between February 1 ~, 2010 and March 15, 2010, as specified in the Special Provisions. P~.~rhasc and Sale .Agreement Between the City of Seward and Transpac Marinas, Inc. June 2009 Page 1 of ~ ~o TERM Manufacturer agrees to commence the Scope of Work of this Agreement immediately upon receipt of the initial progress payment, which shall constitute the Notice to Proceed. Work and delivery shall be complete on or before ?vlarch 15, 2010 ("Completion Date"1. DELIVERY Manufacturer shall deliver the floats that are the subject of this Agreement in Seward, Alaska as specified in the Contract .Documents. Manufacturer specifically accepts the full and complete risk for any delays caused by shipping schedules, weather or rough seas. Manufacturer is expressly allocated the risk of any loss associated with the delivery of the floats including injury to third parties until the City or its contractor takes possession of al] floats. DELIVERY INSPECTION Upon physical delivery of the floats to Seward, Alaska, the City, URS and/or their employees or agents will perform an vzspection ofeach individual float component as specified in the Contract Documents. After any and all deficiencies noted by the City or URS have been corrected by the Manufacturer to the City's satisfaction, the City shall provide written notice of acceptance of the floats to the Manufacturer ("Notice ofAcceptance"). ON SITE INSPECTION The City, URS or ttleir employees or agents will visit Manufacturer's facilities and perform an on site inspection of the facilities and the progress of the fabrication and manufacture of the floats ("Site Visit") The Site Visit should he scheduled when the floats are at least 8~% complete and prior to loading on trucks, rail, or vessel for delivery. CONTRACT PRICE The City agrees to pay 1~]anufacturer the fixed sum ofsix hundred twelve thousand, eight hundred and eighty four Dollars (561 2,884.00}, ("Contract Price"). Payment to the Manufacturer shall be made in progress payments as follows: Payment I : City shall pay Manufacturer 2S% of the Contract Price upon the execution of this Agreement by both parties. Payment 2: City shall pay Manufacturer 25% ofthe Contract Price upon completion of the Site Visit. Payment 3 City shall pay Manufacturer 2~% of the Contract Price upon Manufacturer's written notice that the completed floats, including all parts thereof required by the Contract Documents, have been loaded onto trucks, rail, or a vessel and are en route to Seward, Alaska. Payment 4: City shall pay Manufacturer 25% of the Contract Price upon City's Notice of -lcceptance. Purchase and Sale Agreement Between the City of Seward and Transpac Ivtarinas, Inc. June 2009 Page 2 of 5 ~~ PRIORITY OF CONTRACT DOClii\IEVTS The Contract Documents a.re listed below in order of priority in the event of conflict, errors or discrepancies and by this reference made a part of this Agreement: 1. This Agreement. 2. SEWARDi7_ Float Timber Floats Procurement Invitation for Bids dated June 2009. 3. Special Provisions 4. Technical Specifications. 5. Drawings. 6. Manufacturer Bid dated July 1, 2009. 7. Resolution No. 2009- _ 8. Certificates of Insurance. MATERIALS AND WORKMANSHIP All eyuipment and materials furnished by Manufacturer shall be new and suitable for the intended purposes. No substitutions shall be made unless pursuant to a Change Order signed by the City. CHANGE ORDERS No changes shall be made in the Scope of Work without prior written authorization by the City, approved by URS ("Change Order"). Adjustments, if any, to the Contract Price shall be negotiated by the undersigned or other person designated in writing on behalf of the parties and agreed to in advance in writing. Requests for cl-range orders shall be reviewed promptly upon receipt. SUBCONTRAC"TORS / TIIIRD PARTIES Manufacturer shall be as fully responsible for the acts or omissions of its subcontractors and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by Manufacturer. Nothing contained in this Agreement shall create any contractual relationship between the City and any subcontractor to Manufacturer. It is specifically understood between the patties that this Agreement does not make anyone a third party beneficiary, nor does this Agreement authorize anyone not an authorized party to maintain a lawsuit for personal injuries or property damage. TIIE CITY'S RIGHT OF INSPECTION The City, URS or their employees or agents may, at any time during Manufacturer's hours of operation, inspect the Scope of Work and services provided under [his Agreement. Such inspections are solely for the benefit of the City and not for any third person. The exercise by the City or URS on behalf of the City, of its rights under this paragraph, shall not imply any obligation to inspect nor an obligation to inspect in any particular manner. The City reserves the right to refuse any damaged or unusable materials not of equal or better quality than the specifications. Purchase aid Sale Agreement Between the City of Seward and Transpac Marinas, lnc. Iune ?009 Page 3 v£5 42 A1~IENDMENT This Agreement shall only be amended, modified or changed in a writing, signed or executed by an authorized representative of each of the parties. JURISDICTION, CHOICE OF LAW The law of the State of Alaska shall govern the rights and obligations of the parties a.nd interpretation of this Agreement. Any legal actions arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. C011~IPLIANCE WITH hAWS Manufacturer shall obtani, at its own expense, all necessary permits, rights-of--way or other consents from all governmental agencies and shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances. Manufacturer shall also obtain a City of Seward business license. DEFAULT, REI~IEDIF.S, LIQUIDATED DAMAGES Manufacturer's failure to comply with any representation or warranty made in this Agreement or the Manufacturer Bid dated July 1, ?009 shall be considered an event of default. In addition, Manufacturer's failure to perform any other term, covenant or agreement contained in any of the Contract Documents shall be considered an event of default. An event of default by Manufacturer and its refusal or inability to cure or diligently pursue a cure within the time authorized by the City, shall give the City the right, but not the obligation to terminate this Agreement upon ten (10) days written notice to Manufacturer. The City, upon termination of this Agreement, shall have the right but not the obligation to accept performance of the Scope of Work up to the date of termination. Upon termination as a result of Manufacturer' breach, the City shall be entitled to a full refund of all amounts paid under this Agreement provided that in the event that the City exercises its ability to accept delivery of the Work, as completed to the date of termination, the City shall pay Manufacturer for the Scope of Work completed to such date to the extent that such Work conforn~s to this Agreement. At the City's option, said amount payable to Manufacturer for accepting delivery of a partially completed Scope of Work pursuant to this paragraph shall be deemed to be the Contract Price minus the actual cost of completing the Scope of Work through another contractor, mucus amounts previously paid to Manufacturer. Amounts owed to either party pursuant to this paragraph may be offset. Remedies described herein are not exclusive and the City retains all other rights and remedies at law or in equity. NO WAIVER The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the same shall continue and remarn in lull force and effect as if no such forbearance or waiver had occun-ed. Purchase and Sale Aereemcnt Between the City of Seward and Transpac Marinas, Inc. June 2009 Page 4 of S 43 TIMELINESS Time is of the essence for this contract. RELEASE AND INDEMJVIFICATION Manufacturer agrees to release, indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, demands, losses, defense costs or liability of any kind or nature which the City, its oi~ticers, agents and employees may sustain or incur or which may be imposed upon them or injury to or death of persons or damage to property as a result of, arising out of or in any manner connected with ~lanufactw~er's performance under the terms of this Agreement, excepting only liability arising out of the sole, gross negligence of the City. ASSIGNMENT PROHIBITED Any assignment by Manufacturer of its interest or responsibilities in any part of this Agreement or any delegation of duties under this Agreement shall be void and any attempt by Manufacturer to assign any part of its interest or delegate duties under this Agreement shall give the City the right to terminate this Agreement immediately. This Agreement is entered into and effective when executed by both parties. CITY OF SEWAItI~, ALASKA 'I'RANSPAC MARINAS, INC. ----.. Phillip E. Oates, City Manager DATE: ti /G y /'~a`F~vYYT DATE: /6 ~'v` ~ y ATTEST: Jean Lewis, CMC, City Clerk Date: Purchase and Sale Agreement Between the City of Seward and Transpac Marinas, Inc. Jmie 2009 Pale ~ oF~ 44 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, EXERCISING THE OPTION TO EXTEND THE CONTRACT FOR EXTERNAL AUDIT SERVICES WITH MIKUNDA, COTTRELL & CO. FOR TWO YEARS WHEREAS, the City of Seward issued a request for proposals ("RFP") for external audit services in accordance with standard City bid procedures in January, 2007, and received two responses; and WHEREAS, the Seward City Council approved Resolution 2007-010 on February 26, 2007, authorizing athree-year contract with Mikunda, Cottrell & Co. with options to extend for up to two additional years, at the discretion of the City Council; and WHEREAS, since the time of the RFP, Alaska's largest auditing firm of KPMG has significantly reduced its client base of governmental entities in Alaska in order to focus on audits of private sector firms, leaving only two Alaskan firms in the pool of qualified external audit firms, both of which were the original respondents to the City's RFP; and WHEREAS, it is highly unlikely that the City would obtain bids from additional respondents, were it to advertise a new request for proposals, and the extension of the current contract is considered appropriate and cost-effective, and is consistent with the City's positive experience in working with this firm; and WHEREAS, the firm conducting the annual audit of the City has experienced turnover of key personnel participating in the audit of the City's accounting records, serving to provide a new set of eyes conducting the review, which provides for some level of auditor rotation without the disruption caused by a full-scale change in accounting firms. NOW, THEREFORE, BE IT RESOLVEll BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to extend the contract with Mikunda, Cottrell & Co. for an additional two years, to include conducting the financial audits for 2009 and 2010, and to negotiate a cost for the audit not to exceed the current audit contract adjusted to reflect changes in the annual consumer price index for Anchorage. Section 2. Funding is included in the annual operating budget. Section 3. This resolution shall take affect immediately upon its adoption. ~J Council Agenda Statement Meeting Date: July 27, 2009 To: Phillip Oates, City Manager ~~~ From: Kristin Erchinger, Finance Director Nrv Agenda Item: Exercising Option to Extend Audit Contract BACKGROUND & JUSTIFICATION: The City of Seward issued a request for proposals for external audit services in 2007 and received two responses. At that time, it was determined that there was a pool of only three qualified Alaskan certified public accounting firms conducting audits of governmental entities in Alaska. A letter from KPMG indicated that they were not interested in bidding on the proposal. This left two firms, Mikunda, Cottrell & Co. and Altman Rogers. Since that time, it appears as though KPMG has reduced its participation in the public sector auditing market, focusing instead, on the private sector. The City switched accounting firms in 1997, from KPMG Peat Marwick, to Mikunda, Cottrell & Co. Since that time, Mikunda has served as the City's external auditors, providing excellent audit services to the City. The firm has provided consistency and cost-effective services, at a significantly lower cost than the City previously paid for auditing services. Generally speaking, it is important to consider rotating auditors on a periodic basis, to ensure a "fresh look" at the financial records of the City. The need for auditor rotation should be balanced against the likelihood of qualified competition, as well as efficiencies to be gained from auditors who have a good grasp of an entity's business entities. In short, auditor consistency and auditor rotation both have distinct advantages, assuming the existence of qualified competition. Due to the lack of qualified competitors in Alaska, the City is not likely to see different respondents vie to provide audit services. Rather than to consider rotation of the auditing firm at this time, the administration recommends utilizing the same firm, but ensuring that different individuals are assigned at both the lower and higher levels of the firm, to ensure a "fresh perspective". The current contract allows for two one-year extensions to the existing contract. INTENT: Exercise the option to extend the existing audit contract for two additional years. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding is available in the operating budget Approved by Finance Department: ~~`'~/ RECOMMENDATION: City Council authorize an extension of the audit contract for two additional years. 40 Sponsored by: Yoder Motion to Reconsider 2/13/2007 r Reconsidered, Amended and Approved 2/26/07 CITY OF SEWARD, ALASKA RESOLUTION 2007-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A CONTRACT FOR EXTERNAL AUDIT SERVICES FOR THE YEARS 2006, 2007, AND 2008 WHEREAS, the City of Seward issued a request for proposals for external audit services in accordance with standard City bid procedures; and WHEREAS, two qualified and responsive proposals were received in response to the request for proposals; and WHEREAS, proposals were scored on the basis of four basic criteria (worth 100 points) and price (worth 60 points) for a total of 160 available points, where basic criteria included: 1) understanding the scope of work; 2) firm's size and evidence of adequate planning and labor hours required to complete the work; 3) firm's experience with similar engagements; and 4) firm's and audit staff's technical qualifications; and r""' WHEREAS, Mikunda, Cottrell & Co. ("Mikunda") received the highest overall score, scoring 153.54 points out of 160 total points available, with Altman, Rogers & Co. ("Altman") receiving 148 total points, with Mikunda scoring the highest on each of the four basic criteria and Altman scoring the highest on the price criteria; and WHEREAS, cost is not the sole factor in the selection of the City's external audit firm, which is the reason that the four basic criteria listed above are assigned 100 of the 160 available points. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized and directed to execute an agreement with Mikunda, Cottrell & Co. in substantially the form as attached hereto, to provide external audit services to the City of Seward for 2006, 2007 and 2008, with two one-year options to extend at the sole discretion of the city council. Section 2. This resolution shall take effect immediately upon its adoption. 4'~ CITY OF SEWARD, ALASKA RESOLUTION 2007-010 PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 26`h day of February, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: Valdatta, Thomas, Shafer, Bardarson NOES: Dunham, Amberg, Schafer ABSENT: None ABSTAIN: None ATTEST: - ~ _ _ - ~~ ,,~~ ~ Z ~. ~ . ~ T, JeariiLewis, CIWIC / 'A~1~0 ~ ~ Cit~Clerk ~~,~,~.* ,b~~s - . A~4 ,~ ~~ ~~t"~ ~.>~a ~ ~:<? -~ ~ `'~ " ~ ~ (City Seal) 9;; :3 '. ~~ :;-~, m -.••_ ., ~:, .~ m c.,.Y; a ~. ~ •v a~ --s.. v -' ", + . 1f~ ~ _ .tip ~J~ {•. ~k, ' ~: ~r' • tl~djB1,17ii~L~~~ ~~ Council Agenda Statement Meeting Date: February ] 2, 2007 From: Kristin Erchinger, Finance Director Through: Marvin Yoder, Interim City Manager Agenda Item: External Audit Proposals BACKGROUND & JUSTIFICATION The City of Seward received two proposals for external audit services for years 2006, 2007, and 2008, with two one-year options to renew. Proposals were received from Altman, Rogers & Co. ("Altman") and Mikunda, Cottrell & Co. ("Mikunda"), and both proposals were found to be responsive and qualified. One additional firm, KPMG LLP, declined to submit a proposal based on insufficient resources to assume additional client workloads at this time. The proposals were reviewed by a committee of four; including: Marvin Yoder, Interim City Manager; David Squires, Fire Chief; Christy Terry, Executive Liaison; and Scott Ransom, Harbormaster. The review committee reviewed and scored the proposals on four basic criteria: 1) understanding of the scope of work; 2) firm's size and evidence of adequate planning regarding labor-hours required to complete the work; 3) firm's experience with similar engagements; 4) firm's technical qualifications and qualifications of individuals assigned to the audit. The reviewers awarded up to 25 points for each of the four criteria, for a total possible "criteria" points of 100. After scoring the proposals, the fee proposals were opened separately. There were a total of 60 "fee" points available, with the lowest-bidding firm receiving all 60 points. The other firm's score was based on a ratio of their fee to the lowest fee, multiplied by 60. This methodology was used in order to score the more subjective portion of the proposals without knowledge of the bid price, to provide a more fair scoring process. There were 160 total points available in the scoring process. Mikunda received the highest overall score with 153.54 points, while Altman received 148 points out of a total possible 160 points. Attached is a spreadsheet summarizing the analysis of each firm's proposal. The score sheet indicates that Mikunda received the highest overall score, rating highest on the four basic criteria and lowest on the fee rating. Altman received the highest fee rating (coming in $2,000 to $2,500 lower cost per year) but scored lower on each of the other four criteria. The primary difference in the cost proposals appears to be the number of hours estimated to perform the audit. Altman's proposal estimates 369 total hours to complete the audit, reflecting an hourly rate of $116.53. Mikunda's proposal estimates 450 total hours, reflecting an hourly rate of $100.00. Given Mikunda's recent experience with the City's audit, it would appear that they have a better understanding of the time required to complete the audit, thus resulting in a higher estimate of hours. Following is an analysis of each firm's proposal: ~g RESOLUTION 2007- Page Two Altman Rogers & Co. This firm is an Alaskan based Certified Public Accounting (CPA) firm which performs more than 90 governmental and non-profit audits, representing 69% of their practice. The bulk of their governmental clients are smaller school districts and communities such as Kodiak, Bethel, Pelican, Hoonah, and Unalaska. The firm employs more than 3 5 people and has branch offices in Anchorage, Kodiak, Juneau, and Soldotna. The principals in the firm have experience auditing governmental entities, serve on the national Government Finance Officer's Association ("GFOA") review committees, and are qualified to perform the City's audit. Altman's three-year fee is $135,000, representing $43,000 for 2006 audit, $45,000 for 2007, and $47,000 for 2008. Mikunda Cottrell & Co. This firm is an Alaskan based CPA firm which audits approximately 100 governmental and utility entities in Alaska including 9 of the 12 home rule cities (Seward is a home rule City). Mikunda is the only CPA accounting firm with a local Seward office. The bulk of their clients are school districts, utilities, and communities such as Soldotna, Kenai, Kotzebue, Homer, and Wasilla. They also audit the Kenai Peninsula Borough and KPB School District. The firm has eight partners and employs more than 50 people. Mikunda joined the McGladrey Network in 1997, becoming part of the fifth largest accounting and consulting firm in the United States. Mikunda's principals have experience auditing governments, serve on national GFOA review committees, and are qualified to perform the City's audit. Mikunda's three-year fee is $142,000 ($45,000 for 2006, $47,500 for 2007, and $49,500 for 2008). It is our opinion that Mikunda, Cottrell & Co. is the most qualified firm to perform the City's audit based on the outcome of the RFP process, their extensive list of larger governmental clients, and their familiarity and positive history with the City of Seward. This firm's experience with the City is expected to reduce the amount of staff time required to commit to the audit, especially in a year of anticipated critical staff turnover. While Mikunda's annual audit bid is slightly higher than Altman's, Mikunda is a local firm subject to "local preference" and their cost estimates are based on historical experience auditing the City. Thus, their bid includes 81 additional audit hours over Altman's. Mikunda's bid for 2007 is $45,000, and the 2007 Budget includes $48,000 to complete the audit. The auditors work for the city council rather than management. There are advantages to retaining a firm with significant Seward experience, and advantages to having a perspective from other experienced firms. Management believes that we can work well with either firm. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The 2007 Budget includes $48,000 for the audit, and both of these proposals come in under budget. Approved by Finance Department: 1f rL.1J1~J ATRTTI A TTII~~T• _ Approve Resolution 2007- awarding a contract for external audit services to the firm of for the 2006, 2007, and 2008 annual audits, with two one year options to extend at the sole discretion of the city manager. ~0 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH GENERAL SWITCHGEAR INC. FOR THE PURCHASE OF SWITCHGEAR TO BE USED IN THE FORT RAYMOND SUBSTATION -GENERATION ADDITION PROJECT FOR A TOTAL AMOUNT NOT-TO-EXCEED $213,074.00 AND APPROPRIATING FUNDS WHEREAS, the City Council approved Resolution 2008-136, authorizing the City Manager to enter into adesign/build contract with Unit Company for design and construction of the Fort Raymond Substation -Generation Addition project; and WHEREAS, pursuant to the design/build contract, the switchgear specifications were part of the scope of the project, but were not required to be manufactured as part of the project; and WHEREAS, new generators will be installed this fall pursuant to the design build contract and will not function without switchgear, and more specifically three switchgear cabinets; and WHEREAS, if the switchgear is not designed, constructed and delivered in conjunction with the installation of the new generators, the completion of the design/build contract will be delayed, thereby increasing the cost of the project; and WHEREAS, there is no time for the City's standard competitive bid procedure for the purchase of the switchgear due to the necessity of ensuring that construction and delivery of the switchgear coincides with the delivery of the new generators; and WHEREAS, Unit Company, through its engineering subcontractor, obtained expedited bids for construction and delivery of the switchgear pursuant to the specifications created under the design/build contract and the lowest bid that ensured timely delivery of switchgear and complied with the quality of product required by the specifications was made by General switchgear Inc.; and ~1 CITY OF SEWARD, ALASKA RESOLUTION 2009-069 WHEREAS, by adopting this resolution, the City will directly purchase the switchgear from the supplier and in so doing, will eliminate additional overhead costs which would have been added on from Unit Company; and WHEREAS, the actual cost of the switchgear is below the initial cost estimate; and WHEREAS, the supplier with the lowest cost has a lead time that will not fit into the established timeline for expediting the installation of the new generators prior to the winter season, and the administration therefore recommends a purchase from General Switchgear Inc.; and WHEREAS, Seward City Code § 6.10.130 exempts the City from the requirements of competitive procurement procedures where the public interest would best be served by not requiring a competitive bid procedure; and WHEREAS, the City Council finds that it is in the public interest to waive the normal bid process per Seward City Code § 6.10.130 to enter into an agreement with General Switchgear Inc., to purchase three switchgear cabinets constructed in accordance with the specifications; and WHEREAS, Seward City Code § 6.10.120 exempts the City from the requirements of competitive procurement procedures where professional services are procured; and WHEREAS, the City Council finds that General Switchgear, Inc., would be providing professional services per Seward City Code § 6.10.120 by designing and constructing the switchgear cabinets for the new generators in accordance with the specifications. 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 an agreement with General Switchgear Inc. for the purchase of three switchgear cabinets in an amount not to exceed $213,074.00. J~ CITY OF SEWARD, ALASKA RESOLUTION 2009-069 Section 2: The Seward City Council hereby finds that the public interest is best served by waiving the formal bid procedures as required by Seward City Code, based on the recitals above which are incorporated herein. Section 3: Funding for this contract is appropriated as follows: $213,074.00 from the Electric Generator Project account no. 505-5050-5930. Section 4: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`" day of July, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~~ Council Agenda Statement Meeting Date: July 27, 2009 Through: Phillip Oates, City Manager/~ From: John Foutz, Electric Utility Manager Agenda Item: Switchgear for New Generator Building BACKGROUND & JUSTIFICATION: As part of the generator replacement project, we will need to purchase three (3) electrical cabinets called switchgear. The purpose of the switchgear is to control the new generators in the new building. This is part of the Generator Project that was passed in December 2008. These materials are required for this project to be completed. After lengthy discussions it was concluded that, primarily to save the city money, the decision was made to directly purchase the switchgear from a manufacture. Doing so would cut the cost of overhead by Electric Power Systems (EPS) and Unit. The purchase would occur after EPS engineered the switchgear and then bid the materials out to four (4) separate suppliers, with a projected purchase price to be about $225,000. The supplier is being chosen on three primary criteria. The first consideration is price. The second consideration is a timetable that will fit within the timeframe for which we need the materials on location. The third criteria is based on the advice of EPS. With these criteria in mind we have chosen to purchase switchgear by a company called General switchgear Inc. The total purchase price for the switchgear is approximately $199,074 and a shipping cost of $14,000. The least expensive option has a delivery time that is too long to be considered. The second option is considered inferior equipment and therefore is also discarded. The recommended actions are legal and come under Title section 6.10.120 (a8). This allows the City of Seward to enter into contract with General Switchgear Inc. who has special knowledge and will require some engineering of the requirements for this project. The recommended actions also come under Title section 6.10.130, This allows the City of Seward to an alternate procurement procedure to best serve the needs and public interests of the city. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Funding in the amount of $213,074 is appropriated from the Electric Generator 54 project account number 505-5050-5930. Approved by Finance Department: ~,~~ ATTORNEY REVIEW: ~o~ic~a~ ~~ a~~ ~ ~ ~fkr~j~vs RECOMMENDATION: //°l~~~,5~ v~tis~~, .~~c~f ~~~~ G,;,~ ~e City Council approve Resoluti 1a2009~ author zin ~fhe s~~t~ ~"- ~ ~~cv'~~,~~,.,~ g purchase of swrtChgear from General Switchgear Inc. in the amount of $213,074. ~J electric .over stems ©p C Consulting Engineers ~. CITY OF SEWARD FORT RAYMOND SUBSTATION Bid Comparison: 75,622 VALID 'PING EST. DELIVERY (ADA) FOB FACTORY TOTAL* MANF. FACILITY CERTIFICATE OF COMPLIANCE ADDENDUM AGK PRELIM DWGS PROVIDED Induded 8 Weeks 12 Weeks 11/30/09 20 Weeks Omaha, Nebraska Yes Yes 12/18 Months Cutler-Hammer MANUFACTURER BROCHURE MYER ~ POWER PRODIICTS, INC. $1!x5,107 3G Days $4,000 Induded -Any additional will be billed. 4 Weeks 7 Weeks 10/2109' 1'I Weeks Coron,~, California Yes Yes Yes _~2J'f 8 MOflthS'- ;= ` General Electric SWITCHGEAR, iNC. $199,074 $14,000 estimated Billed Actual 4-6 Weeks 16-18 Weeks std. Late Oct Early Nov 2 20 - 24 Weeks Santa Fe Springs, Cal'rfomia Yes Yes No 12/18 CON' INC. Induded 3 Weeks 7 Weeks 11/13/09 s 10 Weeks Mountlake Terrace, Washington Yes Yes Yes 12 Months date of ship '`Total does not indude drawing approval time for City ofi Seward. Shipping times will vary depending on location ofi manufacturer fiadlity. *"Warranty from Energization/Shipment ' Myers must receive PO with Notice to Proceed by July 17, 2009 with full release to order long lead time items by 7/22!09, and 1 week allowed #or customer approval of drawings to meet 10/2J09 ship date. z GSI requires PO with Notice to Proceed by Juty 20, 2009 vrith full release to order long lead time items, and 2 weeks drawing approval to meet end of October, early November ship date. s Lloyds requires PO wrth NTP and release of long lead tirne items by 813/09 for 11!13!09 ship date. ARO -After Receipt of Order ADA-After Drawing Approval PHONE (907) 522-1953 • 3305 ARCTC BLVD., SUITE 201, ANCHORAGE, ALASKA 99503 • FAX (90i~ 522-1182 • WWW-EPSINCCOM PHONE (425) 883-2833 •4020148TM AVE, R;IDMOND, WASHINGTON 98052 • FAX {424) 883-0464 PHONE (208) 788-6086. 1660 N. 2ND AVE, HAII.Ei', IDAHO 83333 o~iisizoas i9:ir rax lectrk war Consulting Eng(neers c r~ Juiy 15, 2009 Mr. Charlie Forrest City of Seward Seward, Alaska Via email: cforrest@cityofseward.net RE: Switchgear bid -Results ~iuui Electric Power Systems, Inc. 3305 Arctic Blvd, Suite 201. Anchorage. AK 99503 Phone: 967.522.1953 Fax: 907.522.1182 drogers~:epsinc.com Electric Power Systems, inc. (EPS) is in receipt of the proposals from four Switchgear manufacturers, and has evaluated these proposals, on behalf of the City of :>eward. A summary of the proposals are attached. EPS' recommendations are as follows: (1) Pederson Power Products is the lowest apparent bidder. It should be noted that Pederson is the only supplier that Is including shipping in their proposal. (2) Meyers Power Products has the most favorable schedule for delivery, and i<_ the second lowest bidder. Myers has included an allowance in their bid of $4,000 for shipping to Seward. Shipping costs above the allowance is additional cost to Seward. (3) General Switchgear has provided an expedited schedule, with delivery in late: October. (4) EPS has no concerns regarding the breakers and equipment provided by Pederson, General Switchgear, or Lloyd. We have concerns regarding the GE breakers, as we have had, and continue to have problems with the a/b contacts at a project in Nome. This problem has been addressed by both GE and Meyers, but currently we are siill not convinced that GE has adequately addressed the problem. Pederson Power Products has historically constructed a quality lineup of switchgear, they have provided the lowest sell price, and they have included shipping in their quote. Economically, their proposal is the most desirable, and their product is more than acceptable. EPS has worked with General Switchgear on a number of projects recently, and has been satisfied with their product and deliveries. In this case, their delivery is significantly better, but at a higher cost. The building is scheduled to be erected and ready to receive the Switchgear in October. The Pederson gear would not, per the schedule provided, likely arrive in Seward until the third week of December. With the holidays, the delay resulting from this delivery schedule (vs. the General Switchgear expedited delivery) will likely be two months. Estimating the shipping, the cost differential between the General Switchgear proposal and the Pederson proposal is approximately 540,000 or 23°/ . Page 2 of 2 We are willing and available to discuss the pros and cons of the Switchgear bids with Seward, but we believe, at this time, that the decision should be Seward's, based or the value of maintaining the cunent schedule If you have any questions, please feel free to call me at (907) X44-7584 (cell). Sincerely, ELECTRIC POWER SfSTEM, INC. ~~r~~~ Daniel C. Rogers. P.E. Principal Cc: Mike Fall, Unii Company John Foutz, City of Seward. ~~ ~ Dead front Switchboards 14729 Spring Avenue ~ Low Voltage Power Circuit Santa Fe Springs, CA &eakerSwifchgear 90670-51 \' Switehgear Inc • general ~~ - Metal-Clod 5witchgear ~ Metal-Enclosed Switchgeor Tel 562 921 0605 x222 800 652 Ol 18x222 562 921 0872 F , ---- - Unrf Substations ax _ '~ - - ~ Retrofit Circuit &eakers ~ Utility Metering 8, Pull Sections E-Mail vbeltran@generalswitchgeaccom July 13, 2009 ELECTRICAL POWER SYSTEMS PO BOX 3901 HAILEY, ID 83333 208-788-6086 Attn: BILL BRIMSTEIN, P.E. Sub: CITY OF SEWARD Ref: GSI Quote Number: 090710VB1 (Rev A) l 5witchgear Inc. (GSI) is pleased to quote the abo G ve referenced project per the attached Bill of enera Material. Pricing is per the following table. Description Unit Price Total Price Item Qh' 1 1 SKV 5witchgear $ 199,074 $ 199,074 $199,074 Total Estimated Freight Costs to Soatthern California 514, 000 (Freight tivill be billed ut time ojshipment at nctual cost.) Freight, FOB-Factory, is not included in selling price. Freight with insurance will be billed at time of shipment at actual cost or customer may arrange own ri•ansportation. Freight, FOB-Jobsite, is available for an adder of 2% of the selling price plus the actual freight with insurance cost at the time of shipment. Progress Payments Required: 10% on Approval Drawing Submittal. 35% on Release for Production. 55% on Shipment. Payment Terms: 1%-10 Days /Net 30 Days on approval of credit. Payment to GSI is express obligation of the buyer and is not the condition of the buyer receiving funds from other sources- No contract retention accepted by GSI. Sale per GSI's Standard Conditions of Sale located at w~~°°« veneralstvitch~Tc•lr com; lit~Sale.pdf on the Internet. Taxes, fees, or permits, if applicable, are not included in selling price. Proposal is only for services, material, and ratings detailed in the attached bill of material. Clarifications and exceptions listed on the bill of material are incorporated in this proposal. GSI reserves the right to substitute material of equivalent quality and function that meet project specifications. Project Schedule: ghipment in 161 8rweeks after return of approval drawingsSP o ect may ship mid Visit our Web site at: www.generalswitchgear.com J8 BILL OF MATERIAL CITY OF SEWARD CITY OF SEWARD, ALASI{A EQUIPMENT DESCRIPTION REV ITEM QTY DESCRIPTION TYPE MANUFACTURER Item 1 1 FORT RAYMOND SUBSTATION UPGRADE SKV, 2000A, 30, 4W, 65KAIC, NEMA 3R NQN-WALK-IN, CONSISTING OF (4) VERTICAL SECTION WITH THE FOL LOWING MAJOR COMPONENTS 1 Load Interrupter Switch Enclosure, Copper GSI Bus (Station Service) 2 Switchgear Enclosure, 2000A, 3Q~, 4W, GSI Copper Bus (Generator Breakers and Controls) 1 PT/PLC Enclosure with Hinged Door & GSI Back-Pan (PLC By Others) 5 PT Drawer Compartment Kit, Glass VCP-W Cutler-Hammer Polyester 2 Vacuum Circuit Breaker, SKV, IZOOA, VCP-W Cutler-Hammer 3-Pole, 250MVA, 5-Cycle Motor: 120VAC Close: 120VAC Trip: 125 VDC 1 Load Interrupter Switch, SKV, 600A, 3-Pole HVL030506UL Square D Fault Close-40KAIC ASYM Momentary Current-40KAIC ASYM Short Time - 25KAIC 3 100E, SKV Current Limiting Fuses 2 TOC Switch - Sa/Sb VCP-W Cutler-Hammer 2 MOC Switch - Sa/Sb VCP-W Cutler-Hammer ~ Potential Transformer 35:1 (fused) 2 Potential Transformer 4160/240v 2000VA (fused) 14 Current Transformer 600/5, C200 785-601 ITI/General Electric 2 Neutral Current Transformer 50/5 780-500 ITI1General Electric Drawing: 090710VB1-BM Revision: New - 7/13/2009 GSI Quote No. 090710VB1 GENERAL SWITCHGEAR INC. 14729 Spring Avenue, Santa Fe Springs, CA 90670 Visit GSI on the Internet at www.generalswitchgear.com Page 1 ~9 BILL OF MATERIAL REV ITEM QTY CITY OF SEWARD CITY OF SEWARD, ALASKA E ~pMENT DESCRIPTION TYPE MANUFACTURER DESCRIPTION Breaker Control Switch with Integral Red 74PC203D and Green Indicating Lights Electroswitch 2 2 2 2 2 2 2 2 4 4 4 8 2 lector Switch (Unload-Load) d S 74202D e Loa Load Selector Switch (Raise-Lower) 74202 D Voltage Selector Switch (Raise-Lower) 74202D 65MCS Selector Switch with Indicating 74201D Light (ISOCH/Base) Differential Lock-Out Relay with (ntegral 78PB03D Red and Green Indicating Lights Syncroscope with 360 degree LED Indicating PO¢ ~HG- Light Unit Control Selector Switch (Local-Remote) 24205B SpMD Digital Synchronizer SPM- D1010B/X Resistor 1.0 ohm, 25 W Neutral Grounding Resistor, 120ohm, 20amps, 10 seconds (To be Mounted on Top of the Switchgear) Generator Protection Relay SR-489 Multi Function Power Meter EPM 6000 Test Switch for Current & Potential FT-1 Auxiliary Relays (65MR, 52X) 700-PK Auxiliary Relays (74UX, 52T) Auxiliary Relay, 2-Pole (52-C, 52-T, 74UX/SPMD, 74UX/230]D) PSSR-Q24 Power Supply Electroswitch Electroswitch Electroswitch Electroswitch Electroswitch Crompton Electroswitch Woodward General Electric GE/Multilin ABB Allen-Bradley IDEC GST Quote No. 090710VB1 Drawing: 090710VB1-BM Revision: New - 7/13/2009 GENERAL SWITCHGEAR INC. 14729 Spring Avenue, Santa Fe Springs, CA 90670 Visit GSI on the Internet at N,N,N,.generalswitchgear.com Page 2 60 BILL OF MATERTAL CITY OF SEWARD CITY OF SEWARD, ALASKA EQUIPMENT DESCRIl'TION REV ITEM QTY DESCRIPTION TYPE MANUFACTURER Z Emergency Stop Pushbutton As Shorting Type Terminal Blocks Req' d As Terminal Blocks Req'd As Nameplates Req'd I Thermostat 5 Space Heaters I GFCI 120 Volt Receptacle 1 Standard Set of Accessories VCP-W Cutler-Hammer Standard Levering-In Crank Rail Extensions Set of Clamps manual Charging Handle 1 Remote Racking Device VCP-W Cutler-Hammer 2 Breaker Test Jumpers VCP-W Cutler-I-Iammer I Breaker Test Cabinet VCP-Vd Cutler-Hammer 1 Breaker Ramp VCP-W Cutler-Hammer (for roll in/out of circuit breaker) Drawing: 090710VB1-BM Revision: New - 7/13/2009 GSI Quote No. 090710VB1 GENERAL SWITCHGEAR INC. 14729 Spring Avenue, Santa Fe Springs, CA 90670 Visit GSI on the Internet at www.generalswitchgear.com Page 3 ~~ BILL OF MATERIAL CITY OF SEWARD CITY OF SEWARD, ALASKA EQUIPMENT DESCRIPTION REV ITEM QTY DESCRIPTION TYPE MANUFACTURER Clarifications and Exceptions: l . Proposal is only for material and ratings detailed in this bill of material. 2. Control Power provided by others. 3. 10 ations onseach panel)1(2))Wooldward 230 D LS C's and (2) rtwotPLC1I/O rae ks. the established cut out 4. For shipment Mid October -Early November GSI must receive a release of long lead items along with the Purchase order. Drawing for approval must be returned no more than (2) two weeks after drawing submittal. GSI Quote No. 090710VB1 Drawing: 090710VB1-BM Revision: New - 7/13/2009 GENERAL SWITCHGEAR INC. 14729 Spring Avenue, Santa Fe Springs, CA 90670 Visit GSI on the Internet at www.generalswitchgear.com Page 4 ~~ REQUEST FOR SWITCHC-EAR PROFOSALS FORT RAY410NDSUBSTATION UFG-BADE PROJECT CII~'~`~'ICATE fl~ Ct~1VT~A~; i' Cfli'rI~L~.ANCE Contractor ~~~.2~,C.. StJ,~"rc.KcoEl~~ ~~~. Contractor's Address t ~'? 2`'~ S~T.P1C~. l~y6 SANrtA FE Sf'l~z. CGS C'fl 970 Name of Certifying Individual VSLTO~ [~CL't' R-A ~' (type orprint) Title of Certirying Individual ~~« / ~.S-r~M A °rStJ ~ (type or print) I hereby certi~~ that the proposal submitted by C~ SS meets or exceeds the requirements of the specification. AIl material specified on the drawings or within the contract documents shall be supplied as stated wi#hin the contract documents unless specifically listed as an exception or material substitution. All exceptions to the specification for the Seward Switchgear are listz;d below SEWARDSWITCHGEARREPLACEMENTExceptions: ~~ ~~L ~F H~z~~~A`, o9a7lOV$I-~ Sienature of Certifying Off vial G~.~~~./~ Date O 7~~.3~09 FOI?i RAYfv10ND NEYV SN,f ITCHG-EAR SPEC PAGE 2 6132009 63 ~idrl~g Addenda ADDENNI~ITM AC~I®WLEIDGEMENT The undersigned acknowledges receipt of the following Addenda to the Plans and Specifications. If no Addenda were r b ivmedII ~ ~ hh ~ T ~a ~g " on the first line. Note that this completed form must ro~ectTitle: Fort ~ayrnond Substation -City of Seward P ~ 6/23/09 Bid Opening Date._________ ADDENDUM NO. 1 DATE ISSUED 6/26/09 Ca~N~f~A~- -54's-~c~-tGFAt~ s~.sc. Company Name l~~G-Td2 L~~~--7~,A N Authorized Representative ~~ .~~~ Authorized Representative's Signature The signature directly above shall be the same individual who signed the Bid Proposal. ~~ MEMO Meeting Date: July 27, 2009 From: Joh anna Dollerhide, Assistant City Clerk J Agenda Item: Appointments to the Port & Commerce Advisory Board BACKGROUND & JUSTIFICATION: At the end of July, the terms of Seward Port and Commerce Advisory Board members Darryl Schaefermeyer and Theresa Butts will expire. With an additional seat vacant, there are currently three seats open for council appointment. The Seward City Clerk's Office posted notices of these PACAB vacancies in City Hall, the Post Office, the Harbormaster's Office and the Seward Phoenix Log beginning June 17, 2009 through the deadline for application on July 17, 2009. Four citizens have submitted their applications: Darryl Schaefermeyer, Theresa Butts, Russ Maddox and Robert Buck. Their applications are included in the packet for your review. Council will need to appoint three from the four applicants that will serve a term that expires July, 2012. The mayor and council will have ballots with all four names on them. Each member will vote for not more than three. The top vote getters will need a motion to appoint, a second, and four affirmative votes to be appointed. In the case of one name receiving enough votes right away, but the others are split, the council could then vote for two from the remaining three for the top vote getter, then motion to appoint them, second, and affirm by four votes. Pass the voted ballots to the city clerk and they will be read aloud and tallied. In accordance with Seward City Code 2.10.40 and the Seward Charter 3.5, the winning applicants must receive four of the votes to be appointed. SCC 2.30.310 states the council appoints by ballot voting. RECOMMENDATION: Council conducts a vote to determine which applicants should fill the vacancies on the Port & Commerce Advisory Board with terms to expire July, 2012. ~~ ®~ ~~ ~~~ X009 CITY OF SEWARD, ALASKA ~ ~~~ 15 ~N~ APPLICATION FOR THE OFF~G~GL E PORT & COMMERCE ADVISORY BOARD G~~ NAME: Darryl Schaefermeyer sTREET ADDRESS: 214 Bluefield Drive MAILING ADDRESS: P• ~• Box 1743 HOME TELEPHONE: 224-3597 BUSINESS PHONE: 224'-6309 FAX NUMBER: 224''6320 LENGTH OF RESIDENCY IN THE SEWARD AREA: 57 years PRESENLY EMPLOYED As: General Manager -Alaska SeaLife Center List any special training, education or background you have which may help you as a Inelnber Of the Board. Former Deputy City Manager and City Manager for the City of Seward (1997-93). Project Administrator and General Manager of the Alaska SeaLife Center (1993-Present). KPB Assembly 1980-82. PACAB 2006-Present. Have you ever been involved in port operations? If so, briefly describe your 117VOIVelnel7t: As Deputy City Manager and City Manager I supervised Seward Harbor and SMIC facilities and operations. I am specifically interested in serving on the Port and Commerce Advisory Board beClUSe: I desire to continue to serve as a member of the Board. Have you ever served on a similar board elsewhere? Yes or No If so, where? Seward PACAB And when? 2006-Present Are you available for meetings at noon (second Wednesday of each month)? Yes If appointed, are you willing to travel occasionally? G A Yes ~uiy ~4, 2009 DATE ~~ JUI. 1 ~ 2009 CITY OF SEWARD, ALASKA UFFIGE o~ ~~ APPLICATION FOR THE CITY CLEI~R HE PORT & COMMERCE ADVISORY BOARD NAME: ,~{.~~5 (~''I ~C~L(~C~7~ STREET ADDRESS: ~~ ~ S ~cd,5' ~ ~. . MAILING ADDRESS: ~rWt C'., HOME TELEPHONE: ,~ ~ ' 7L~ ~ ~ BUSINESS PHONE: ~ a 1'1't ~- FAX NUMBER: ~/ ~ LENGTH OF RESIDENCY IN THE SEWARD AREA: ~ ~ y~~ PRESENLY EMPLOYED AS:_ ~~', ~ --2 ~'l~y.~~ 1 ~ ~ ~ ~ apq,t~l1~'tq `J List any special training, education or background you have which may help you as a member of the Board. ~ +~v ~ ~~ -~ d~~ ~ Ly~•yi ~e/ o~ l ~{czY~O 4'" St~YI l ~, d" c t',~'c, 11'tryt`~ /SSA' e~y ' yr S, ~ ~. ~! .~ Have you ever been involved in port operations? If so, briefly describe your involvement: ,~/~ I am specifically interested in s because: :T ~., ~ c~c°fiv~e Have you ever served on a If so, where? on the Port and Commerce Advisory _ . _ .~ . y ~ _ ~ ,~ ar board elsewhere? S'''~- ~~~ And when? %~. ~- `~ (~+~-~ a~ ~ ~`~ a ~ ~~~~ ~~ ~~-~~ ~~ ~'1 ., ~~z, :~. ~~~~~ Cer l/Il~t ~ S~ ~~,~ R ~ ~~- Are you available for meetings at noon (second Wednesday of each month)? If appointed, are you willing to travel occasionally? ~/ ~~' SIGNATURE DATE ~~ ~l~°h~ ~ tn~e-w~'~.~ ~~ R ~C ~f~~ ~~as~ c C~~~~~. ~~~- ,~as~ c~~~ ~~ ~~ CITY OF SEWARD, ALASKA APPLICATION FOR THE RECE~~~I~ JUL 1 7 2009 OFFICE OF 7I-IE CITY CI FRt~ FOR THE PORT & COMMERCE ADVISORY BOARD NAME: 1'~U~~-~- ~ ~ i y ~ ~ ~ -.- ~. STREET ADDRESS: ~ ~1 S~ 5 ~ ~ MAILING ADDRESS: ~ 1 /~'~ ~ ~' ~ z z ~--( ~~ BUSINESS PHONE: -- Z~~ ~ HOME TELEPHONE: - 1 ~~~' FAX NUMBER: Z ~~~ LENGTH OF RESIDENCY IN THE SEWARD AREA:1 PRESENLY EMPLOYED AS: ~`~~ Q ~~~ ~ ~~1a -f ~ ~`'e List any special training, education or background you have which may help you as a member of the Board. ~.S ~ ~.,~.~ ~- ~~~n-i~- S Mr-c~ ~ ~ " Have you ever been involved in port operations? If so, briefly describe your involvement: ~.~bz~ ~* -tvz~c-~-~.-1 ~-~- ~SN~~C~ ~G~-1- I am specifically interested in serving on the Port and Commerce Advisory Board because: ~. ~ ~ f ~e.r-~ ; ~~ ~-c'r.~ ~ ~,_.r b~~ l L Have you ever served on a similar board elsewhere? Yes or~l~ If so, where? And when? Are you available for meetings at noon (second Wednesday of each month)? If appointed, are you willing to travel occasionally? ~/ -~ ~ ~ SIGNATURE ~/~ ~ DATE ~--. , ~~ RG~.sI~~~~~ CITY OF SEWARD, ALASKA JUL 1 7 2009 APPLICATION FOR THE UFFICE Cyr TFiE FOR THE PORT & COMMERCE ADVISORY BOA CITY CLERK NAME: C~~C-~. \ ~ U STREET ADDRESS: ~(~3Ly' ~E~~ P,~w ~ ~ MAILING ADDRESS: ~~ 3~p~ 5~J~4-Q~ ~ ~ ~tq~by HOME TELEPHONE: 2Z~ ~ ~ 4 i S BUSINESS PHONE: 22~ -a'Cl~ ~ FAX NUMBER: .N LENGTH OF RESIDENCY IN THE SEWARD AREA: ~ ~j2 yr~-~S PRESENLY EMPLOYED AS:_ ~~irC ~`~ ~ ~1 U,E(Z ~`' S1+~2~5.~ ~ ~C ~TR~~'L~ ~ ~, List any special training, education or background you have which may help you as a member of the Board. iMt9 L.T~p~~ ~c~ • ~,,~ ~,~ ~~,~-~ C3~ S~w~~~ AQ ~-A- . Have you ever been involved in port operations? If so, briefly describe your involvement: ~ D ~~R~~~ ~v,R R ,6.5 .Fd,2 3 • C I am specifically interested in serving on the Port and Commerce Advisory Board because: Dec i N~V1,~>,- Q ~~~zL7 -~-~-T ~Ti~L 13~C I~S,Q.~ ~R /•4 L,~-^'~' T 1 w-~ I t,~,' R~Z ~ ~ t~ ~ S l~ w~ ~~p (s- '~,,,~ i~ A~% C~ , r-~c9 ^~~'~- ~N i ~1- l Y ,'~ ~~ C(.o.~v~w.Y'LA~~, "~L4ST~~niAF~~~ uv~r4,vc.7-2, Have you ever served on a similar board elsewhere? Yes or 1~0 If so, where? And when? Are you available for meetings at noon (second Wednesday of each month)? G- If appointed, are you willing to travel occasionally? '~ u~ .~ ~~ ,-'~ ~7 ~ ~~~~ SIGNATURE DATE ~~ CITY OF SEWARD Budgeted Summary Revenue and ExpenselExpenditure by Fund For the Month Ending May 31, 2009 (Through May, 41.7% of the year has expired) Through May Actual YTD Budget Annual Annual '/e of 2008 2009 Variance Budget Variance Budget Budget Revenue General Fund $ 2,565,859 $ 1,287,063 $ (1,278,796) $ 4,045,935 $ (2,758,872) 817 $ $ 9,710,244 2 13. ° Small Boat Harbor Enterprise Fund $ 1,062,711 $ 1,135,411 $ 72,700 663 0 $ 1,125,594 250 $ 109 $ $ 9, 160) (76 $ '262,200 12.6% Parking Enterprise Fund $ 43,753 865 7 $ $ 33,090 155 359 $ $ ) (1 , 21 290 , $ 348,161 $ , 10,994 $ 835,587 43.0% S.M.I.C. Enterprise Fund , $ 33 645 809 $ 3 $ , 179,808 4 $ , 370,163 $ 4,276,925 $ (97,117) $ 10,264,620 40.7% Electric Fund , , 090 $ 359 $ , 000 352 $ (7,090) $ 497,382 $ (145,382) $ 1,193,717 29.5% Water Enterprise Fund Wastewater Enterprise Fund , $ 403,798 $ , 397,404 $ (6,394) $ 431,713 $ (34,309) $ 1,036,111 38.4% Expenses General Fund General Government Mayor and Council $ 125,201 $ 143,718 $ 18,517 $ 147,640 $ 3,922 $ 354,336 000 135 40.6% 22 3% General Fund Legal 34,333 30,158 354 2 (4,176) 185 61 $ $ 56,250 636 446 26,092 282 44 , 1,071,926 . 37.5% City Manager 341,169 740 86 40 , 367 92 , 5,627 $ , 106,247 , 13,880 254,992 36.2% City Clerk Finance Administration , 257,603 , 262,502 4,899 $ 290,105 47 858 27,603 245 21 696,253 858 114 37.7% 23.2% General Services 36,650 94 443 26,613 180 591 (10,038) 86 149 $ $ , 125 575 , (55 016) , 301,381 59.9% Contributions Total General Government $ 976,140 $ 1,138,302 $ 162,163 $ 1,220,311 $ 82,008 $ 2,928,746 38.9% Public Safety Police Department 844,637 873,513 28,875 $ 992,628 119,116 2,382,308 36.7% Fire Department 209,883 206,499 (3,384) $ 235,351 28,853 277 564,843 75 857 36.6% 21 5% Engineer/Utility Manager 27,495 1 279 16,330 35 389 (11,165) (15 890) $ $ 31,607 56 868 15, 21 479 , 136,484 . 25.9% Building Inspection Total Public Safety 5 $ 1,133,294 $ 1,131,731 $ (1,563) $ 1,316,455 $ 184,725 $ 3,159,492 35.8% Public Works Roads and Streets 447,029 281,311 (165,718) $ 420,640 139,329 1,009,537 27.9% City Shop 121,134 142,225 21,091 $ 119,712 (22,513) 287,308 49.5% Municipal Building 107 163 103 223 (3 940) $ 120 577 929 60 $ 17 354 134 170 $ 289,385 230 1 586 35.7% 33.2% Total Public Works $ 675,325 $ 526,759 $ (148,566) $ , 6 , , , Parks & Recreation $ 405,099 $ 384,283 $ (20,816) $ 515,061 $ 130,778 $ 1,236,146 31.1% 39 6% Library $ 150,268 $ 156,373 $ 6,105 $ 164,505 $ 8,132 $ 394,812 . Debt Service $ 207,050 $ 104,742 $ (102,308) $ 286,281 $ 181,539 $ 687,074 15.2% Total General Fund $ 3,547,175 $ 3,442,190 $ (104,985) $ 4,163,542 $ 721,352 $ 9,992,500 34.4% Small Boat Harbor Enterprise Fund $ 1,473,662 $ 1,057,591 $ (1,473,662) $ 1,525,566 $ 467,975 $ 3,661,358 28.9% 4 2% Parking Enterprise Fund $ 32,823 $ 20,903 $ (32,823) $ 206,633 922 463 $ $ 185,730 020 86 $ $ 495,919 113 412 1 . 33.9% S.M.I.C. Enterprise Fund $ 446,929 580 435 $ 3 $ $ 377,902 033 845 3 $ $ (446,929) (3,435,580) $ $ , 4,105,470 $ , 260,437 $ , , 9,853,127 39.0% Electric Fund Water Enterprise Fund , , $ 400,642 $ , , 222,542 $ (400,642) $ 554,225 $ 331,683 $ 1,330,139 16.7% Wastewater Enterprise Fund $ 322,384 $ 291,196 $ (322,384) $ 434,975 $ 143,779 $ 1,043,939 27.9% mAy_Financial_Report_Council.xls ~ ~ Page 1 of 1 Date Printed: 7/22/2009 4:52 PM ~N o ~~ a p v ~ C U N p O (n ~ ~ oN N ot{ Q o ~ 'f ~ N E o ~ ~ o y~ c a `o P v c m Q ~ N ~ a ~ ~ o N g ~~ eoo°o 'g mMnnco o 'oae e. cone o$ rn~ ~ ~ a ~ g n ~ o e e ~ ... ~~i0'hr' ~ m~ °~iO ~~n , . g ~ c°.- o o . 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W m ~ ~ I ~ ~ ~ ~ ~ /~ ~I ~ _ N ~ i I ~ ~ i i i~ II ~ N ~~ C ~ ~ ~ O p ~ ~ r N O ~ 7 ~ O U fp O ~ ~- Z ~ O ~ Z N v1 H UJ ~ ~ ~ ~ y o p •o w g c ~a wa w•~ mo ~~°.~ w ~ va tf Q Q ~ ~ ~ o W _ v w ~ m '~ ~ -' w J ~ ~ d a~ ~ .0. ~ ~ in N ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ J F- m Z ~ ~ ~ d'~ "a p i a . ~ O ` v ~ "~ ~ o ~ p p o ~ ~ ~ W p Z , Q~U~ 1° ~ a ~ m o Q ~ a c w } ~ w y°', ~ af6i a >' ~- ~ ~ ~ d ~ ~ c U ~ ~ N ;a U U d M ~~' y N ~ ~ N ~ N N V °~ N x~ °> E ~ ` a ca a~ E c c w O m~ ~ i W w O ~ ~ W ~ o ° a~i w C7 ~ ~ otf ~ ~ fn ~ Q O ~ ~ O f L y Q ~ °~ ~ O O Q N N ~' ; ` C LL O ~ a O ~ N p a N ~ w _~.~ Oa2S d N Z O O.O N' m N N N ~ a~ .a? o oZS m C LL A g a p L 7 L N d ~ N __ ~ ~ fl •C ` 0 7 N ~ ~-- _~ N Z E N y N C ~ N ~• C C~ ' ~ .~ G1 y ~ C N C L V) lC C w ~ 7 -fl m e C '~. O N ~ ~ O O(~~ ~ C~C~ ~`C N ~C ~ w y O~ O U F'v ~ ~ C U ~' C _ ~ c `~ N O S ~' ~ ~ O w ~ `~- ~ C O N N ~ ~ C L N N N N m ~ N I O VJ -p lII f0 . c L ~ ~ O ~ U C w O ~ ' ~ N J N U N C h . ~ a U . > N- ~. ~ C O N •= N V V! N N N •~ tq ,N 'O U m ~«- a _C O N N .~ • _ C N C rA U N > cDa ~ _ m WIZ ~Z~W W m WO:Z c Z ~W~ m WIZ C W ~.) B e , • rpranny ~1 ` ~,: W :~ ~ ® .~ ~ . q.~ "VC •~~}~, ,-•LA oLd T ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ lj '; 1j + ,. .. f ~' r: -hf yf ,. y ~ ~ ~ ~ fi e 1 ~(r f 1 l ,___. i, ~ k f ~ _ , .. 1 ~, t k< ~ ~~; ~. } ~ ~ ~r ,~'y ~ t ~':~a '~a. r~ 33Y yam, ~.. ~- - ~~ i-~ s3 ~ ~ ~ I; k~ ~c ~ o~ r '~;•'~ ~ ~ i N ~~ s j 7 ~~ ~ ~ ~~ ~~.. ~ ~, p ,.- U C~a ~Z y~ ~_.~ ~®' `;, \ ~", ~k..~,~ O V Q~ Q) -0-~ N QJ L) 0 a z a ti 0 I~ F. .{ d ~ ~ w.! I}, I' ~ r;w~ 1 ~: lr~ }~ ~ ~ r 'r~, ! h ~ Y=~v ~ ~~" k r ~ wul, ~ ` ~ ~ ~ y ~A j <I~..a ~ ~. ~._~.} 1 A 4 Gene dv'~ ~~~• J ~' ~ ~ O O ~ July 2009 August 2009 S M T W T F S S M T W T F S 1 2 3 4 ~ 1 5 b 7 8 910 I1 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 Monday _ _ _Tuesday _ Wednesda _ Thursday Friday __ -- --- - ]ulv 1i - ----_ - __ 6' 7~ 8 _ 1 _ 9 -- -- - ~I 7:30pm PB~Z Meeting ! 6:OOpm Kenai Peninsula ~ `11:30am Seward Borough Task Community Force Meeting Library. & Museum I Building Committee - -- -- --- 13i _ 1 15 - 16~ - 6:OOpm CC WS ! 6:30pm P&Z Work Session 12:OOpm PACAB Work 9.OOam Social Security EVALUATIONS ~ Session.. Rep 7:OOpm City Council ! 6:30pm Historic Meeting ~ Preservation Meeting - __ -- - ! - - - -- _. _ _. 20. -._ ___ _ _ ___ _- - _ __ -~-- _ S:OOpm Town Hall Forum with Council on I Floride 7:OOpm City Council Meeting j "' '"" "r 1 7/22/2009 10:15 A( ~wh ~- (.` ~~ ~ o o ~ August 2009 September 2009 g S M T W T F -S S M T W T F S 1 L 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9101112 9 10 1112 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26'27 28 29 27 28 29 30 30 31 7:30pm P&Z Meeting 12:OOpm PACAB Meeting I ~ 'I i _ i ~ - - --- 10' - - l ll -- -- -- - 12 - - _ 13'..-. _ _ - -- - - 7:OOpm City Council ~ 111:30am Seward Meeting Community. ~ ~ L3praty & Museum Building.... ', Committee i I ____ 1.71 ----- 181-- _ 19i - ---- --- - -- 20I -- - __ 21 6:30pm F$Z Work Session ~ 12:OOpm PACA6 Work 9:OOam Social Security ~ i Session Rep ', 6:30pm Historic Preservation ~ ' ~ Meeting '~ -- -_ ~ _ -_ 24~ - -- --_ _ _ 7:OOpm City Council Meeting II -- -- -- 26! ' --- - - _ -- 311 - - ---- _ ---- --_-- -_ Nanci Richey 2 ~ ~ 7/22/2009 10:15 AM