Loading...
HomeMy WebLinkAbout04092012 City Council Packet 1963 1965 2005 The City of Seward, Alaska bald CITY COUNCIL MEETING AGENDA o'` All-America e 111 I ►r {Please silence all cellular phones and pagers during the meeting} i 4 1 00 , April 9, 2012 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be given the first opportunity to speak. Time is Vice Mayor limited to 3 minutes per speaker and 36 minutes total time for this Term Expires 2012 agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer 1. Child Abuse Prevention and Awareness & Sexual Assault Council Member Awareness Month P 3 Term Expires 2013 B. Borough Assembly Report Marianna Keil C. City Manager's Report Council Member D. Mayor Report Term Expires 2012 E. Other Reports and Presentations Ristine Casagranda 1. Seward Community Library /Museum Project Update Council Member Term Expires 2012 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda April 9, 2012 Page 1 7. NEW BUSINESS A. Resolutions 1. Resolution 2012 -023, Appropriating $222,601 For A Contract With First Student For Operation Of The Seasonal Seward Shuttle Bus Service P 4 2. Resolution 2012 -024, Authorizing A Contract With CRW Engineering Group, LLC For Engineering, Surveying, Design And Bid Services For The Northeast Harbor Uplands Grading And Drainage Project And To Appropriate $49,320.00 From The FY 2010 Designated Legislative Grant/ Z -Float Project Pg. 21 B. Other New Business Items *1. Approval Of The March 12, 2012 City Council Regular Meeting Minutes, the March 16, 2012 City Council Special Meeting Minutes, and the March 27, 2012 City Council Regular Meeting Minutes Pg. 33 2. Appoint Bev Dunham, Patty Linville, Margaret Anderson, Cindy Clock and Dorothy Urbach to the Ad Hoc Incorporation Centennial Committee Pg. 49 8. INFORMATIONAL ITEMS AND REPORTS (No action required) 9. COUNCIL COMMENTS 10. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 11. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 12. ADJOURNMENT City of Seward, Alaska Council Agenda April 9, 2012 Page 2 PROCLAMATION WHEREAS, every person is entitled to be protected from verbal, sexual, emotional, and physical abuse, exploitation and neglect; and WHEREAS, it is the responsibility of our society to protect every person's inalienable right to life and liberty; and WHEREAS, 70 percent of all reported sexual crimes in the United States involve children; and WHEREAS, one in four girls and one in six boys are sexually abused before the age of 18, and one in five children is solicited sexually while on the internet; and WHEREAS, by providing a safe and nurturing environment for our children, free of domestic violence, abuse, and neglect, we can ensure that Alaska's children grow to their full potential as leaders; and WHEREAS, the crime of sexual assault violates an individual's humanity, dignity, security, and privacy; and WHEREAS, no person has the right to force, coerce, threaten, or manipulate anyone into sexual activity; and WHEREAS, Alaska has an unacceptable rate of sexual violence against women, with 37 percent of Alaskan women having experienced sexual violence in their lifetime; and WHEREAS, with personal responsibility, education, courage, and encouragement we can be successful in preventing and reducing sexual violence in Alaska; and NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby proclaim April 2012 as: Child Abuse Prevention and Awareness Month & Sexual Assault Awareness Month in Seward, and call upon all citizens to join me in standing up against these evils and dedicating our energies to cherishing and protecting our children and supporting our families, ultimately strengthening the community in which we live and ending the cycle of violence. DATED this 9th day of April, 2012 The City of Seward, Alaska David Seaward, Mayor 3 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $222,601 FOR A CONTRACT WITH FIRST STUDENT FOR OPERATION OF THE SEASONAL SEWARD SHUTTLE BUS SERVICE WHEREAS, In 2010 Seward began providing a shuttle bus service between the cruise ship terminal, the harbor and historical downtown Seward with Resolution 2010 -037; and WHEREAS, the service has proved beneficial to the economic well -being of our community and is valued by the cruise ship industry; and WHEREAS, Seward intends to provide the same level of service in 2012 and 2013; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on March 14, 2012 to include all the cost associated with providing the services; and WHEREAS, First Student Inc. was the successful proposer earning the most points using criteria reported to the Seward City Council; and WHEREAS, the shuttle bus has been funded from Commercial Passenger Vessel Excise Tax receipts ( "Cruise Ship Tax ") and this is an appropriate use of the funds; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract between First Student Inc. and the City of Seward in substantial form as attached hereto, with 2012 and 2013 operations not to exceed $222,601. Section 2. The Seward City Council hereby appropriates the amount of $222,601 from the commercial passenger vessel proceeds account no. 807 - 0000 - 3071 -0805 to the Bus Transportation contracted services account no. 805- 8051 -5390. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2012 -023 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of April, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 Council Agenda Statement Meeting Date: April 9, 2012 seat, Through: Jim Hunt, City Manager u From: Ron Long, Assistant City Manager q��P Agenda Item: Shuttle bus service contract with First Student BACKGROUND & JUSTIFICATION: The City of Seward has contracted out for the operation of a shuttle bus service in 2010 and 2012, and desires to do the same for 2012 and 2013. The service benefited pedestrians in Seward including ship passengers and crew and was funded utilizing Commercial Passenger Vessel Excise Tax receipts ( "Cruise Ship Tax "). In accordance with Seward City Code and as reported to council, a Request for Proposals was prepared to issue the contract for the summers of 2012 and 2013. The request solicited qualified firms to provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Small Boat Harbor from May 14, 2012 through September 16, 2012, and then approximately equivalent dates in 2013. The RFP required no addenda. There were a total of six plan holders for the RFP. Three proposals were submitted by the deadline and two were judged to be responsive and reviewed by the selection team using the criteria reported to Council. First Student Inc. obtained the highest points and is the selection team's recommendation as the transportation services firm. The selection criteria rated by the selection team is as follows: Age, condition, quality of coaches 20 %; Customer Service 20 %; Safety Record 20 %; Seating capacity and ADA accessibility 10 %; and Cost 30 %. A draft contract is attached. Services for the shuttle are scheduled to begin May 14, 2012. INTENT: Approve a contract for shuttle bus services with First Student Inc. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Economic Development and X Transportation Pages 18, 23 and 24 2. Strategic Plan (document source here): Pages 3, 5, 13 and 16 X 3. Other (list): FISCAL NOTE: The total of funding required for the shuttle program, $ 222,601 will be appropriated from account 807- 0000 -3050 Commercial Passenger Vessel funds to the Bus Transportation Fund. Approved by Finance Department: 1 di 4,t Q ATTORNEY REVIEW: Yes X No The City Attorney assisted in the RFP process and provided comments for the draft contract. RECOMMENDATION: 1 j City Council approve Resolution 2012 - authorizing the City Manager to enter into a contract with First Student and appropriate $222,601 of cruise ship head tax funds for the 2012 -2013 shuttle bus service contract. CITY OF SEWARD Community Development P. U. Box 167 * " � '` Department 110 Adams Succl � 907.22 1.4020 Se Alaska 9966 March 29, 2012 RE: SEASONAL TRANSPORTATION SERVICES CONTRACT Regional Operations Manager - Alaska, Tom Hyatt First Student, Inc. 201 NE Plaza Drive #240 Vancouver, WA 98684 NOTICE OF INTENT TO AWARD Dear Mr. Hyatt, The City of Seward intends to award the Seasonal Transportation Services Contract to your firm, First Student, Inc. as the most qualified proposer earning the most points outlined in the request for proposals. Per the Request for Proposal the intent to award is for the following scope of services: provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Small Boat Harbor during the 2012 and 2013 summer tourism season from May 14, 2012 through September 16, 2012 and then approximately the equivalent dates in 2013. The award of the contract is also contingent upon City Council approval which is scheduled to take place on April 9, 2012. The City Council may reject any or all proposals and may waive minor irregularities in the proposals. I will be contacting you to begin discussing the proposed contract and further details. If you have questions, please don't hesitate contacting me at 224 -4020 or via email at rl ong @cityofseward.net. Sincer , Ron L g, - ommunit Development Director DRAFT Professional Services Agreement with for Seasonal Transportation Services and Related Services This AGREEMENT, made and entered into this th day of April, 2012 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and , a [sole proprietorship /limited liability company /corporation /partnership] authorized to do business in Alaska, with offices located at , hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide transportation services for cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska; and WHEREAS, in response to a request for proposals, submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A - proposal Exhibit B — City's request for proposals dated March 14, 2012, (collectively, "RFP "). 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Assistant City Manager, and include any q Page 1 of 10 1 DRAFT successor or authorized representative. 1.5 "Project" shall mean the transportation and other tasks related to the transportation of cruise ship passengers, crew and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska as further described in the RFP issued by the City of Seward on March 14, 2012. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. [ to be completed based on accepted proposal ] 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 14, 2012, to provide professional services based on approved standards and instructions as specifically described in the same RFP. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all services described herein shall be as follows: Beginning approximately May 14, 2012 and running the entire 2012 and 2013 tourist season, concluding at the end of the tourist season 2013 cruise ship schedule, or other date agreed to by both parties pursuant to section 26.2 of this agreement. 6.0 PERSONNEL /ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Ron Long, Assistant City Manager /Community Development Director. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel Page 2 of 10 DRAFT and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the services by May 14, 2012, Contractor shall pay as liquidated damages and not as penalty $ 500 per day for each day after May 14, 2012 the services are not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Contractor shall have a Seward and State of Alaska Business License. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, is extended to the Contractor. The Contractor shall at all times maintain adequate (commercially reasonable coverage levels) Page 3 of 10 1 DRAFT insurance covering Workers' Compensation, general commercial liability, automobile liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is named as an additional insured for all liability coverages, b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies, c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials, d. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts for each type of insurance shall be no Tess than the following: a. Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 5 Million per occurrence and $ 5 Million aggregate combined single limit, personal injury, bodily injury and property damage, b. Motor Vehicle Liability Insurance for all owned, hired and non -owned vehicles, including no -fault coverage with limits of liability not less than $5,000,000 per occurrence combined with single limit Bodily Injury and Property Damage, c. Workers Compensation as required by Alaska law, AS 23.30.045 and regulations adopted thereunder. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. The minimum amount and types of insurance provided by the contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. Page 4 of 10 DRAFT 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by Page 5 of 10 13 DRAFT either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. Page 6 of 10 DRAFT 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work, or the schedule for completion. Page 7 of 10 i5 DRAFT 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to Page 8 of 10 lb DRAFT the address noted below: City of Seward City Manager PO Box 167 Seward, Alaska 99664 -0167 Page 9 of 10 1� DRAFT IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward By: Jim Hunt By: Title: City Manager Title: Date: Date: ATTEST: Johanna Kinney, CMC City Clerk (city seal) Page 10 of 10 it / City of Seward City Manager's Office Nip Proposal Evaluation Form Qualifications and Criteria for Request for Proposal for a Seasonal Transportation Services Contract Proposer ft 6 Possible Awarded Criteria Points Points 1. Age condition and quality of coaches 20 2. Customer Service 20 3. Safety record 20 (-) 4. Seating capacity and ADA accessibility 10 5. Cost 30 100 Total Date Ranking Rater:, printed name Raters Signature \c\ W e l 0 City of Seward City Manager's Office Proposal Evaluation Form Qualifications and Criteria for Request for Proposal for a Seasonal Transportation Services Contract Proposer ,N)77,/ Possible Awarded Criteria Points Points 1. Age condition and quality of coaches 20 2. Customer Service 20 3. Safety record 20 (,) 4. Seating capacity and ADA accessibility 10 5. Cost 30 100 Total 76 Date Ranking Ratrs printed name Raters Signature ao Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT WITH CRW ENGINEERING GROUP, LLC FOR ENGINEERING, SURVEYING, DESIGN AND BID SERVICES FOR THE NORTHEAST HARBOR UPLANDS GRADING AND DRAINAGE PROJECT AND TO APPROPRIATE $49,320.00 FROM THE FY 2010 DESIGNATED LEGISLATIVE GRANT/ Z -FLOAT PROJECT WHEREAS, the FY2010 Designated Legislative Grant for Z -Float was accepted by council with Resolution 2010 -096; and WHEREAS, CRW has provided engineering and project management services to the City for several years with grading and drainage projects; and WHEREAS, the intent is to upgrade the drainage at the parking /Z -float area and repave the pavement that was removed for new water, sewer and electrical services to the Northeast boat ramp business's and adjoining floats (R, X, Z); and WHEREAS, professional services such as engineering are not required to be purchased through competitive procurement procedures (SCC 6.10.120(8)). The Harbor did look at three different engineering firms current year fee schedules and CRW was comparable in price; and WHEREAS, of the three firms consulted CRW had a competitive price and particular relevant experience in drainage projects such as this one; and WHEREAS, CRW has provided engineering and project management services to the City for several years with grading and drainage projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with CRW Engineering Group, LLC for engineering, surveying, design and bid support. Section 2. The amount of $49,320.00 is hereby appropriated from the FY2010 Designated Legislative Grant for Z -Float account number 274 - 2746 - 46800200 to Contracted Services account number 274 - 2745 -5390. Section 3. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2012 -024 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of April, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) as Agenda Statement r � 4.4 of SFi '9 Meeting Date: April 9, 2012 ti A '0 To: City Council 4 4 �A S *P Through: City Manager Jim Hunt From: Norman Regis, Deputy Harbormaster Agenda Item: Authorizing a contract with CRW for engineering, surveying, design, and bid support services for upland improvements and paving to complete the Z -Float project for $49,320 and appropriating funds from the FY2010 Designated Legislative Grant for Z Float that was accepted by council with Resolution 2010 -096. BACKGROUND & JUSTIFICATION: CRW gave the City of Seward a proposal in June 2011 and updated it in March of 2012 for the North East Harbor Uplands Area grading, drainage and paving project that is part of the Z -Float upland development. The North East Harbor road and launch ramp areas were cut out and removed for the construction of the new water main, sewer and electrical service to the North East Harbor Businesses, R, X, and Z Float. CRW has worked for the City in the past and they are well qualified with particular experience in drainage engineering. Their Fee Schedule is comparable to other engineering firms. INTENT: The intent of this resolution is for the City of Seward to appropriate $49,320.00 from the Designated Legislative Grant and authorize the City Manager to enter into a contract with CRW for engineering services for surveying, design, grading, paving and bid services for the upland improvements at the North East Area in the amount of $49,320.00. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Economic Development, Small Boat Harbor Development: upgrade the 1 existing water drainage area and maximize the use of the existing harbor X parking area. Transportation Facilities, Harbors: Continue to support, promote, enhance and develop Harbor facilities. Strategic Plan 2. Economic Base, Improve and Expand the road and launch ramp parking X area. Also to complete the Z -Float upland improvements 3 Small Boat Harbor Management Plan X Upgrade the Northeast parking and boat launch area for the new Z- Float. FISCAL NOTE: As of this date there is $432,623.93 left in the Designated Legislative Grant for Z- Float. Approved by Finance Department: jea ATTORNEY REVIEW: Yes No y RECOMMENDATION: Y Approve Resolution 2012 - O Authorizing a contract with CRW for engineering services. ENGINEERING GROUP LLC CRW ENGINEERING GROUP, LLC Fee Schedule — 2012 . EMPLOYEE CATEGORY Principal Engineer /Surveyor /Partner $180.00 Project Manager /Senior Engineer /Senior Land Surveyor $170.00 Project Engineer /Project Land Surveyor $160.00 Staff Engineer /Staff Land Surveyor (Registered) $145.00 Staff Engineer /Staff Land Surveyor (EIT /LSIT) $ 135.00 Senior Planner $155.00 Project Planner (Certification) $140.00 Staff Planner $125.00 Construction Manager $1 45.00 Technician V $1 35.00 Technician IV $125.00 Technician II1 $1.05.00 Technician II $ 95.00 Technician I $ 85.00 Clerical / Administrative Support $ 75.00 * Rates are maximum for category indicated exclusive of overtime. Actual rates may vary, SUPPLIES AND SERVICES Direct Expenses and Supplies Invoice 1 10% Subconsultants hlvoice + 10% Meals (Per Diem) $60.00 /day In -house Expenses Xerox (8 -1/2 x 11) $0.10 /copy Xerox (11 x 17) $0.20 /copy Color Copies (8-1/2 x 11) $1.00 /copy Mileage (Federal Rate) $0.55 /mile Bond Plots $1.00 /square foot Mylar Plots $2.00 /square foot 12/9/2011 • March 5, 2012 Norman Regis Deputy Harbormaster Box 167 Seward, Alaska 99664 RE: 2012 URS Billing Rates. Dear Norm, As requested below are the 2012 URS billing rates for individuals most likely to be working on your projects. Name Position Billing Rate Craig Freas Dept Head $242.40 John Daley Senior Engineer $165.48 Peter Crews Senior Engineer $129.84 Earl Kubaskie CADD $109.20 • Charles Balzarini Engineer $87.60 Sonia Jaeger Drafter $85.56 Brian Geise Engineer $86.88 Todd Davis Clerical $65.28 Please let me know if you have any questions or comments or would like additional information. Sincerely, URS Alaska John Daley, PE Pare 1 cif 1 D 1. \GI \1,1 :RS, PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE MAY 2011 Re,. , /arRate Professional: Senior Engineer VII $180.00 Senior Engineer VI $165.00 Senior Engineer V $150.00 Senior Engineer IV $140.00 Senior Engineer III $130.00 Senior Engineer 1I $120.00 Senior Engineer 1 $110.00 Staff Engineer V $100.00 Staff Engineer IV $95.00 Staff Engineer 1I1 $90.00 Staff Engineer I1. $85.00 Staff Engineer I $80.00 Senior Environmental Scientist $100.00 Environ men tat Scientist $90.00 GIS Specialist $90.00 Surveyors: Senior Land Surveyor $105.00 Land Surveyor I $95.00 "Technicians: Technician VI $125.00 Technician V $105.00 Technician IV $90.00 Technician III $80,00 'Technician II $75.00 Technician I $70,00 CAD Designer V $90.00 CAD Designer IV $85.00 CAD Designer III $70.00 r '.:- i ' 'Y ,,,,, ,, ,,,,,,,,,,,,,,,T„,,,,,,,:,,„ ,,,, „:_,,,,„,,,,,,,,,,„,,,,,,,.:, .R i . March 1, 2012 ENGINEERING GROUP LLC City of Seward P.O. Box 167 Seward, Alaska 99664 Attn: Norman Regis, Seward Deputy Harbormaster Re: Proposal — North East Harbor Grading & Drainage Design Dear Norm: CRW Engineering Group, LLC is pleased to provide a proposal for surveying, design, and bid support services, in support of the proposed North East Harbor Uplands grading and drainage project. The work tasks to be completed by CRW include a topographic survey of the project site, site grading and drainage design, preparation of specifications /contract/bid documents, and assistance with bidding of the project. The City of Seward operates the North East Harbor Uplands Area boat launch and parking lot located along the north shore of Resurrection Bay. The City would like to re- grade the site to provide positive drainage to the existing storm drain system and pave the access road (approximately 700 feet), boat launch apron, and the access to the new Z Float. The attached figure shows the approximate limits of the desired paving. Site drainage will pass through the existing storm drain outfall to discharge to Resurrection Bay. SCOPE OF SERVICES CRW proposes to perform the following tasks to successfully complete this project: 1.0 — SITE INVESTIGATION /DESIGN SURVEY CRW will perform an initial site visit and a design level survey. This work will include the following sub - tasks: A. Meet with City of Seward and field review and photograph facility by Project Engineer. B. Provide topographic and boundary survey of project area. C. Generate project base map and surface model in AutoCAD Civil 3D. 2.0 — PRELIMINARY DESIGN (75% complete) Plans, specifications, and a construction cost estimate will be prepared as part of the preliminary design. The technical specifications will be based on Municipality of Anchorage Standard Specifications. Specifications, bid documents, and contract documents will be prepared for open bidding. The 75% design effort will include the following work tasks: A. Prepare survey control drawing. 3940 ARCTIC BLVD. • SUITE 300 • ANCHORAGE, ALASKA 99503 • (907) 562 -3252 • FAX (907) 561 -2273 • www.crweng.com ■71, B. Provide site plan and site grading design. Evaluate drainage needs for future paved parking east of roadway. C. Generate construction cost estimate. D. Prepare project specifications, bidding documents, and contract documents. E. Print and distribute the 75% design documents to the City of Seward. 3.0 — FINAL DESIGN (100% complete) Based on review comments, CRW will prepare final plans and specifications in a bid -ready package. Plans will be stamped and signed by an engineer licensed to practice in the State of Alaska. 4.0 — BID SUPPORT SERVICES CRW will assist the City of Seward with bidding the project, including coordination of bid set reproduction, responding to bidder questions, preparing any required addenda, and reviewing bids. It is assumed that the City of Seward will distribute the bid sets, conduct the pre -bid meeting (CRW to attend by teleconference), and conduct the bid opening. DELIVERABLES The following deliverables will be provided. Each deliverable will include Adobe PDF files of the plans, specifications, and construction cost estimate. • Preliminary Design (75 %) — 5 sets of half -size plans (11 "x17 "), specifications, and construction cost estimate • Final Design (100 %) — 5 sets of half -size plans (11 "x17 "), specifications, and construction cost estimate • Bid Documents — 20 sets of full -size (22 "x34 ") and half -size (11"x17") plans, and specifications SCHEDULE We understand that the City of Seward wants to complete construction of this project in 2012. CRW is prepared to begin the work of this proposal immediately upon receipt of a Notice To Proceed (NTP) by the City of Seward, and proceed in accordance with the following schedule: • Complete Field Survey As soon as project area snow melts. • Submit Preliminary Design (75% Design) 4 weeks following completion of field survey. • Submit Bid Ready Documents (100% Design) 4 weeks following receipt of review comments. We anticipate the project will be bid in July 2012, awarded in August 2012, and constructed in September 2012 after the busy Labor Day Holiday. City of Seward, Alaska Page 2 CRW Engineering Group, LLC Proposal — North East Harbor Grading & Drainage Design FEE CRW proposes to complete the work on a time and expenses basis in accordance with the attached Fee Schedule. The estimated cost for completing the Design and Bid Tasks (Task 1 through Task 4) is $49,320. A breakdown of these costs is shown on the attached Fee Proposal. Note that the hourly billing rates shown on the Fee Schedule are maximum billing rates for each labor category. Actual rates will generally be less as shown on the Fee Proposal. Assumptions made in preparing this proposal are as follows: 1) Project includes paving of the entrance road from Port Avenue to the Boat Launch/Waiting Area, the Boat Launch, and the access to Z Float. Some re- grading will be required to resolve drainage issues. The future paved parking area will be evaluated for drainage, but will not be paved as part of this project. 2) Does not include preparation of Stormwater Pollution Prevention Plan. 3) A geotechnical investigation is not included. It is assumed sufficient test pit /log hole data is available for design of the project. 4) City of Seward to advertise for bids, distribute bid sets, and perform the bid opening. 5) City of Seward to lead pre -bid meeting. CRW to attend by teleconference. 6) Construction support services are not included. 7) Preliminary Design (75 %) submittal will consist of 11"x17" drawings and specifications (5 sets). 8) Final Design (100 %) submittal will consist of 11"x17" drawings and specifications (5 sets). 9) Bid Set submittal will consist of 20 bid sets (full size and half size drawings, and specifications). We appreciate the opportunity to submit this proposal and look forward to assisting you with this project. Sincerely, CRW ENGINEERING GROUP, LLC Pete Bellezza, PE Principal, Civil Engineer Phone: (907) 646 -5640 / email: pbellezza(a7crweng.com cc: Andrea Meeks, PE Attachments: CRW Fee Schedule — 2012 CRW Fee Proposal Project Area Figure City of Seward, Alaska Page 3 CRW Engineering Group, LLC Proposal — North East Harbor Grading & Drainage Design 36 Staff Category, Rate & Projected Hours Cost $ CITY OF SEWARD, ALASKA CRW Engineering Group Staff North East Harbor Upland Paving & Drainage Improvements ! 2 c' _ D L To c W a) o °- U U W a).E >. rnT � as FEE PROPOSAL z o a c z 2 z o a`. a n_ co w j- Total Total Total Task & Subtask Description $180 $170 $145 $100 $120 $170 $140 $125 $85 Labor Expenses Subtask Task 1 SITE INVESTIGATION /DESIGN SURVEY 1 Meet with City of Seward /Site Visit ' 8 $1,160 $150 $1,310 Site Survey I 4 36 30 $9,470 $800 $10,270 Prepare Base Map & TIN j 4 10 $1,810 $1,810 Subtotal Task 1: 0 0 , 8 j 0 0 4 40 40 0 ' $12,440 $950 $13,390 $13,390 I 2 PRELIMINARY DESIGN (75 %) General Sheets (2 sheets) 2 8 8 $2,050 $2,050 Survey Control Drawing (1 sheet) 1 4 8 $1,680 $1,680 Site Grading Design (2 sheets) __ , 2 16 j 20 j 4 I $5,140 $5,140 Misc Project Details (2 sheets) 12 8 8 $3,500 $3,500 Construction Cost Estimate 4 a 8 j $1,380 $1,380 Specifications /Contract/Bid Documents 16 8 1 $3,965 $100 $4,065 Prepare & Distribute 75% Documents 1 4 4 1 $1,245 $200 $1,445 Subtotal Task 2: 1 18 46 1 48 1 20 4 0 I 8 2 $18,960 $300 $19,260 $19,260 3 FINAL DESIGN (100 %) General Sheets 2 4 4 $1,170 $1,170 Survey Control Drawing j 1 4 $670 $670 Site Grading Design 1 8 12 2 $2,770 $2,770 Misc Project Details 8 8 4 $2,440 $2,440 Construction Cost Estimate 1 4 $545 $545 Specifications /Contract/Bid Documents 8 8 $2,520 $2,520 Final Design Submittal 1 _ 4 4 1 1 $1,245 $200 $1,445 Subtotal Task 3: 1 _ 9 31 32 10 1 0 4 I 1 _ $11,360 $200 _ $11,560 $11,560 1 3/1/2012 Page 1 of 2 Detailed Cost Estimate Staff Category, Rate & Projected Hours Cost $ CITY OF SEWARD, ALASKA CRW Engineering Group Staff North East Harbor Upland Paving & Drainage �, c > o Improvements to m _ c = u) a m Q. U U W ' E N g N 5, (/) o FEE PROPOSAL o o Z o o a. - v) o_ o w J u ) c o in 5 Total Total Total 1 Task & Subtask Description $180 $170 $145 $100 _$120 1 $170 $140 $125 $85 Labor Expenses Subtask _ Task 4 BID SUPPORT SERVICES Prepare Bid Set/Reproduction (Distribution by City of Seward) 2 2 1 $615 $800 $1 ,415 Respond to Bidder Questions 2 4 $920 $920 Pre -bid Meeting (by teleconference) 2 $290 $20 $310 Prepare Addendum (if necessary) 2 8 4 1 $1,985 $20 $2,005 Bid Review & Recommendation to Award 1 2 $460 $460 Subtotal Task 4: 0 1 5 18 1 4 1 2 1 0 1 0 0 2 _ $4,270 $840 $5,110 $5,110 1 TOTAL TASK 1-4:1 2 1 32 1 103 1 84 ' 32 1 9 1 40 1 52 1 5 ( $47,030 1 $2,290 y $49,320 1 $49,320 1 Notes & Assumptions P , 1 Project includes paving of the entrance road from Port Avenue to the Boat Launch/Waiting Area, the Boat Launch, and the access to Z Float. Some re- grading I" will be required to resolve drainage issues. The future paved parking area will be evaluated for drainage, but will not be paved as part of this project. 2 Does not include preparation of Stormwater Pollution Prevention Plan. 3 A geotechnical investigation is not included. It is assumed sufficient test pit/log hole data is available for design of the project. 4 City of Seward to advertise for bids, distribute bid sets, and perform the bid opening. 5 City of Seward to lead pre -bid meeting. CRW to attend by teleconference. 6 Construction support services are not included. 7 Preliminary Design (75 %) submittal will consist of 11"x17" drawings and specifications (5 sets). 8 Final Design (100 %) submittal will consist of 11 "x17" drawings and specifications (5 sets). 9 Bid Set submittal will consist of 20 bid sets (full size and half size drawings, and specifications). 3/1/2012 Page 2 of 2 Detailed Cost Estimate City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page CALL TO ORDER The March 12, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lt. Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Dan Barth, an Advisory Board Member with the Seward Community Foundation spoke of their goal to grow their endowment funds. They had received more applications in 2012 than ever before and would be awarding $34,000 to local non -profit organizations in Moose Pass and Seward. He encouraged everyone to contribute to the Seward Community Foundation when they received their Permanent Fund Dividends. Shelli McDowell, Seward's Animal Control Officer, and Lila Hurst requested assistance obtaining a new animal shelter. They brought forth a grant proposal that would allow them $850,000 in funds with a requirement of 25% matching funds from the city. Councilmember Keil asked when the next grant application would be due and that would be in March 2013. Keil suggested that perhaps council could find the 25% match during the 2013 budget review. The proposed square footage of the shelter was 2,500. APPROVAL OF AGENDA & CONSENT AGENDA Motion (Keil /Bardarson) Approval of Agenda & Consent Agenda �3 City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Hunt added a request to schedule a special meeting for the council to meet for the Resurrection Bay Conservation Alliance issue. Terry added an item to discuss scheduling a work session for the animal shelter. Motion Passed Unanimous The clerk read the following approved consent agenda items: The February 13, 2012 Regular City Council Meeting Minutes were approved. There was a non - objection to the liquor license renewals for the Seward Alehouse, Three Bears, and the BPO Elks Lodge. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Certificate of Congratulations was presented for the Seward High School Girl's Basketball Team's Win at Regionals. All public was invited to a send -off social for the team tomorrow night at the High School at 7:00 p.m. Seward's Harbor received the "Clean Harbor" designation from the Alaska Clean Harbors Program. The Parks and Recreation department recognized local businesses with Sponsor Appreciation certificates. Certificate of Congratulations was awarded to Louis Bencardino for his recent recognition by the State Of Alaska Legislature. Borough Assembly Report, Sue McClure stated they had two meetings since her last report. The Borough passed the ordinance for the land exchange with the City of Seward unanimously on February 14, 2012. Mayor Navarre was considering a $200,000 appropriation to explore healthcare and an ordinance appropriating $4,700,000 from the Central Peninsula Hospital's radiation branch for oncology. The Borough Assembly would hold their annual meeting in Seward on April 17, 2012. City Manager's Report, Jim Hunt stated there were no purchases approved by the City Manager for between $10,000- 50,000 since the last Council Meeting. Request for proposals would be released this week to provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Small Boat Harbor during the 2012 and 2013 summer tourism season. Proposers would be graded according to the following criteria: �_I City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Age, condition, quality of coaches: 20% Customer Service: 20% Safety Record: 20% Seating capacity and ADA accessibility: 10% Cost 30% RFP packets would be available on Wednesday March 14, 2012 at the City Clerk's Office. New software installation was planned for the harbor and a meeting with Coastal Villages was planned for March 9, 2012. Officer Nickell was recently re- elected to his second term on the state D.A.R.E. Board in the position of Sergeant at Arms. Mobilization for the SMC Dolphin Project was in progress and all equipment would be in Seward by March 16, 2012. Current completion date for the Library Museum Project was November 9, 2012, and the tentative date for the grand opening would be the first week in December. Former city employee Rachael James accepted the position of Library Museum Program Coordinator. The Friends of the Jesse Lee Home had an unreimbursed $40,000 balance. The City of Seward had already paid the invoice and was now seeking reimbursement from them. Council directed the City Manager that bills submitted by the Friends of the Jesse Lee Home should be approved by the State of Alaska prior to reimbursement. Valdatta was concerned over the stress and amount of work being handled by the summer tourism coach drivers. In response to Bardarson, Lieutenant Tiner said there had been a patrol position vacancy for three months, but it had been filled in a temporary capacity while the regular officer was serving overseas. Regarding the Coastal Villages Region Fund, Hunt said their needs were expanding tremendously as they had already purchased five new vessels. Responding to Terry, Hunt said he, Assistant City Manager Long, Harbormaster Funk and Vice Mayor Bardarson would be traveling to Juneau to meet with legislators. In April, he, Long and Bardarson would also be visiting the Seattle ports. Hunt agreed to provide a report on Coastal Villages at every council meeting. In response to Terry, Electric Department Director John Foutz said there was a section of lights by the Breeze Inn that went out due to an underground fault which caused the lights to go out and that the electric department was busy helping the Department of Transportation with the Three Bridges project. Mayor's Report, David Seaward said that the Alaska Railroad had sent a thank you card to the community for the open house and that they would be performing maintenance which would in turn benefit Seward's economy. He announced that the Alaska SeaLife Center had sent an invitation to an upcoming miniature golf event fundraiser. He encouraged residents to get involved with the Planning and Zoning Commission. Other Reports, Announcements and Presentations City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Keil announced the Choose Respect March and Rally would be held on March 29, 2012 at the Alaska SeaLife Center. A report was given by City Representative Tim McDonald on the Cook Inlet Aquaculture Association. McDonald stated that the Cook Inlet Aquaculture Association (CIAA) was designed to promote the salmon habitat. There were 25 seats on the board, and there was talk of adding a new seat. McDonald was placed on the executive committee for the Fort Graham facility. The United Fishermen of Alaska joined the meeting. Governor Parnell was in support of a $1,700,000 grant. The J -1 Visa workers usually came from other countries, but that program was in jeopardy this year and that would impact three canneries in Seward with a potential shortage of workers. He expressed concerns about the Silver Salmon Derby because there weren't a lot of salmon in Resurrection Bay. Keil commented that the Alaska SeaLife Center was currently monitoring invasive species in Resurrection Bay and McDonald added that the study of invasive species must remain diligent and ongoing. UNFINISHED BUSINESS Items Postponed from Previous Agenda /Resolutions Requiring a Public Hearing Substitute Resolution 2012 -001, Approving A Land Exchange Of A 0.56 Acre +/- Portion Of Lot 8A -1 For A 0.56 +/- Portion Of Lot 6A -1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. (Clerk's Note: This resolution was postponed from the January 9, 2012 council meeting, January 23, 2012 and the February 13, 2012 council meetings. Public Hearing was held on January 23, 2012 and February 13, 2012. The original motion to approve this resolution was made by Bardarson and seconded by Shafer. An additional public hearing has been requested for this substitute resolution. A motion to amend by substitution is recommended by administration. Long stated that a separate appraisal for each parcel was not necessary, as they were comparable and fair in this trade. He said to ensure student safety the project would include the bike path and would include lighting the bike path, at council's direction. There would be no changes to Sea Lion Drive, although it might result in a slight increase in automobile traffic. It was his recommendation that council move forward on this land trade. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Martha Fleming said it may not be necessary to have the bike path itself lighted, but rather tilt some of the existing lights toward the bike path so the students could benefit. The public hearing was closed. Motion to Amend (Bardarson /Terry) Amend Resolution 2012 -001 By The 3b City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Substitute Changes Before Council In response to Keil, Long said this would have to go back through the Planning and Zoning Commission to be replatted. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Items Postponed from a Previous Agenda Substitute Resolution 2011 -072, Authorizing The City Manager To Enter Into A Maintenance And Operating Agreement With Seward Ship's Drydock, Inc., Effective April 1, 2012. (Clerk's Note: This resolution was postponed from the September 26, 2011 council meeting. Original motion to approve this resolution was made by Shafer and seconded by Bardarson. A motion to amend by substitution is recommended by administration.) Casagranda asked if this substitute resolution had received a full review from the City Attorney. Hunt said he was very comfortable in the oversight of the agreement with Seward Ship's Drydock and recommended that council approve it. Motion to Amend (Terry/Keil) Amend Resolution 2012 -072 By The Substitute Changes Before Council. Motion to Amend Passed Unanimous In response to Shafer, Harbormaster Mack Funk said there were two agreements with Seward Ship's Drydock and all the maintenance had been performed and completed by Seward Ship's Drydock as requested by council. Keil confirmed that Funk had closely overseen the work being done. Motion to Amend (Terry /Keil) Amend Resolution 2012 -072 By Incorporating The Laydown Versions Of Exhibit B And Page 3 Of Exhibit E. Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Resolution 2012 -020, Approving An Engineering Contract With PND Engineers In The Amount Of $60,352.50 For A Vessel Wash -Down And Wastewater Recycling Facility At The Seward Marine Industrial Center. City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Motion (Bardarson/Terry) Approve Resolution 2012 -020 Hunt recommended council approve this resolution, Keil concurred. Casagranda asked what other projects PND Engineers were working on and Funk said they were working as the engineers on the Seward Marine Center Dolphin project. Motion Passed Unanimous Resolution 2012 -021, Authorizing The City Manager To Purchase A Replacement Vehicle In The Form Of A 2012 Ford Escape To Replace The 1992 Chevrolet Blazer In The Amount Of $22,085. Motion (Bardarson /Shafer) Approve Resolution 2012 -021 Hunt recommended council approve this resolution. Bardarson requested that if there was another department that needed to travel to save on costs, then the Electric Department share the vehicle. Foutz concurred and said he would make the vehicle available to other departments, but the use of it needed to remain a priority for the electric department. Valdatta said he thought it was impractical to share the vehicle. Terry objected to this resolution. Hunt responded that there was a cost incurred by the city when staff performed maintenance on the city's vehicles. Terry suggested that some of the work be outsourced to some local garages rather than have the city employees working on it, suggesting Hunt attempt to use the Crown Victoria as a trade -in towards this vehicle. Hunt said he could potentially use the trade -in idea with the next purchase. Motion Passed Yes: Shafer, Keil, Bardarson, Valdatta, Casagranda, Seaward No: Terry Other New Business Discussion on Celebrating the Centennial of Seward's Incorporation on June 1, 2012. The City of Seward was incorporated on June 1, 1912. Terry suggested council form an ad hoc citizen committee, perhaps to host a celebration for the city. City Clerk Johanna Kinney offered to seek volunteers by the first council meeting in April. Discussion on filing an objection to the liquor license renewal for Terry's Fish and Chips. Hunt recommended approval after the objections by staff were withdrawn. Motion (Terry /Keil) Send A Letter Of Non - Objection To The ABC Board For The Liquor License Renewal For Terry's Fish & Chips Motion Passed Unanimous City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Council scheduled a Special Meeting to discuss the litigation between the City of Seward vs. the Resurrection Bay Conservation Association on March 16, 2012 at 12:00 p.m. in City Council Chambers. Council directed the City Clerk to include scheduling a Work Session for the animal shelter with the Animal Control Officer Shelli McDowell and Seward's Borough Assembly Representative Sue McClure on the next agenda. INFORMATIONAL ITEMS AND REPORTS (No action required) Library /Museum Project Update. COUNCILS' COMMENTS Bardarson wished the Seward High School's girls' basketball team good luck in the upcoming state tournament, and added well wishes for the UAA basketball team as well. She thanked Louis Bencardino for his years of service and added that the Planning and Zoning Commission needed three more members. Keil thanked all the sponsors who supported the Parks & Recreation programs and reiterated that the Choose Respect march would be held on March 29, 2012 at noon starting at the Alaska SeaLife Center. Shafer said the 2 ° ' Annual Spring Break -Up event would be this coming weekend, and encouraged everyone to attend some of the many events being held. Casagranda congratulated Bill Clark for accepting the Small Business Administration's local position and thanked Tim McDonald for his thorough and detailed report. She expressed that she would like to hear more communication about council members' travel plans in the future. Terry reminded everyone to change their smoke detectors batteries and she welcomed Rachel James to the Library Museum. She requested the City Clerk to create a link from the city's website to the Spring Break -Up website. Seaward stated his four priorities which included: cost of energy, healthcare /Providence, efficient government /outsourcing, and promoting Seward. CITIZENS' COMMENTS Tim McDonald said he was a pet lover and he had three dogs. He believed cooperating with the Borough would provide the city a greater economy of scale. He suggested council begin to start thinking about the future of the city shops, and perhaps consider combining several into one location. City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Pale Sue McClure clarified the proposal to create an at -large seat for City Council would not work and that she would come up with a new plan for the Flood Board; she would present it to the Flood Board the next week. On the issue of animal control, the borough was reluctant to take on the issue, but she would attend the Work Session; at that time, the borough had no animal control powers. She congratulated everyone on Seward's annual Tidal Ocean Bowl challenge. Jim Pruitt thanked council for the ability to maintain Seward Ship's Drydock. He mentioned the issue still existed of expanding the transfer facility. It was resulting in his having to turn down business. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Keil believed it was a pet owner's responsibility to spay and neuter their pets. Long said the City of Seward was a home rule city, but the borough did not have the same authority and the only way they could act would be by a vote of the people. Terry wondered if there was a possibility of creating an animal control service area, similar to the Flood Plain Service Area. Seaward said he thought it would be important to fulfill the previous City Manager's wishes to install a window in the animal control shelter. ADJOURNMENT The meeting was adjourned at 9:32 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) y° City of Seward, Alaska City Council Minutes March 12, 2012 Volume 38, Page Sue McClure clarified the proposal to create an at -large seat for City Council would not work and that she would come up with a new plan for the Flood Board; she would present it to the Flood Board the next week. On the issue of animal control, the borough was reluctant to take on the issue, but she would attend the Work Session; at that time, the borough had no animal control powers. She congratulated everyone on Seward's annual Tidal Ocean Bowl challenge. Jim Pruitt thanked council for the ability to maintain Seward Ship's Drydock. He mentioned the issue still existed of expanding the transfer facility. It was resulting in his having to turn down business. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Keil believed it was a pet owner's responsibility to spay and neuter their pets. Long said the City of Seward was a home rule city, but the borough did not have the same authority and the only way they could act would be by a vote of the people. Terry wondered if there was a possibility of creating an animal control service area, similar to the Flood Plain Service Area. Seaward said he thought it would be important to fulfill the previous City Manager's wishes to install a window in the animal control shelter. ADJOURNMENT The meeting was adjourned at 9:32 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes March 16, 2012 Volume 38, Page CALL TO ORDER The March 16, 2012 special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor David Seaward. OPENING CEREMONY City Manager Hunt led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Marianna Keil Christy Terry — arrived at 12:06 p.m. Vanta Shafer comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent — Valdatta, Casagranda CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA Motion (Bardarson /Shafer) Approval of Agenda Motion Passed Unanimous EXECUTIVE SESSION Motion (Bardarson /Shafer) Go into Executive Session to Discuss Matters Pertaining To Pending Litigation Of Gillespie vs. City of Seward And Resurrection Bay Conservation Alliance (RBCA) vs. City of Seward And Give Direction To The City Attorney. Motion Passed Unanimous Council went into executive session at 12:06 p.m. tA1 City of Seward, Alaska City Council Minutes March 16, 2012 Volume 38, Page Council came out of executive session at 12:56 p.m. COUNCILS' COMMENTS - None CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 12:56 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) 1-\-a City of Seward, Alaska City Council Minutes March 27, 2012 Volume 38, Page CALL TO ORDER The March 27, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Shafer) Approval of Agenda and Consent Agenda Resolution 2012 -022 was pulled by administration. Motion Passed Unanimous The clerk read the following approved consent agenda items: The February 27, 2012 Regular City Council Meeting Minutes and the February 27, 2012 City Council Special Meeting Minutes were approved. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards City of Seward, Alaska City Council Minutes March 27, 2012 Volume 38, Page A proclamation for the "Choose Respect" March for domestic violence and sexual assault awareness was read. A proclamation was read to commemorate Earthquake and Tsunami Awareness Week. A certificate of appreciation was awarded to GCI. A proclamation was read honoring Women's History Month. A certificate of congratulations was awarded to Savannah Fackler for her gold and silver medals won at the 2012 Arctic Winter Games. Chamber of Commerce Report, Cindy Clock stated the Chamber had decided to wait until the legislative session ended in Juneau before scheduling a town hall meeting regarding Coastal Villages Region Fund. The joint Chamber /City annual trip to Seattle was scheduled for in April 12- 13, 2012 to meet with transportation and cruise industries. The first cruise ship of the season would arrive on April 11, 2012 and would carry 1,080 passengers. Regarding fish restoration efforts, last summer the Fish & Game Department released 240,000 Coho (Silver) and 120,000 Chinook (King) salmon smolt in the lagoon which acted as a natural net pen. Production had been an issue at two Anchorage hatcheries due to the lack of hot water on site. The new hatchery was online and would provide Seward with Chinook and Coho salmon smolt at a good survival rate, but the Chamber would still like the option to purchase net pens. The Annual Alaska Postmasters Conference would be held in Seward from April 27-28, 2012; the Alaska Credit Union League Conference would be held from May 17 -19, 2012 at the Windsong Lodge; World Oceans Day would be held at the Alaska SeaLife Center on June 8, 2012. The Mat -Su Sportsman's Show had great attendance, they handed out 300 guides and sold 15 out of 25 halibut raffle tickets; there would be two more shows coming up at which they expected even greater attendance. City Manager's Report, Jim Hunt stated he had not approved any purchases for $10,000- 50,000 since the last Council Meeting. Tomorrow would be the statewide "Chill, It's a Drill!" between 9:45 AM and 10:15 a.m. and the Kenai Peninsula Borough would be participating in the exercise to test the tsunami alert systems. Last week's lobbying trip to Juneau went very well and it was recommended the city amend the Coastal Villages request to the sum of $21,100,000 in order to build the breakwater, finish the design engineering for current projects, and to fund a Phase 2 concept plan for dredging in the North Dock area within the SMIC boundary. The concept for a Phase 2 of the North Dock dredging was based on public meetings, Port and Commerce Advisory Board (PACAB) meetings, Representative input, and Coastal Village's expansion needs. Juneau Representatives were positive about the plan and the city should know if the breakwater would be funded within approximately three weeks. The application was hand - delivered to Representative Seaton's office by Kent Dawson yesterday. Administration had spoken with a local fish processor regarding the effects of proposed changes to J -1 Student Visa Program and subsequently sent a letter to the federal delegation asking them to oppose the changes that would have a negative effect on seafood processors and on the economy. Seward's 2012 Student Exchange Program with Obihiro, Japan would be accepting yl'\ City Council Minutes City of Seward, Alaska Volume 38, Page March 27, 2012 applications through April 13, 2012. On March 15, 2012 a Crowley tug grounded on a hard bottom outside of the SMIC basin and one of its propellers would need repair. The Coast Guard informed the city today that they would be demolishing their existing building in order to build a new structure rather than move the building. In response to council, Hunt stated he would look into salvaging parts of the Coast Guard building. Hunt clarified that Phase 2 of the Coastal Villages Project was now a term used to reference the adjoining area, but not the construction of any new infrastructure than what was previously proposed and only further dredging. Hunt said they were looking into obtaining the `cold mix' for patching the roads. In response to Seaward, Hunt stated he had an obligation to bring the issue of the outstanding balance from the Friends of the Jesse Lee Home forward to council because it dealt with public funds and the public should be made aware of the situation and there was a concern that it would show up in the audit. Seaward wished the J -1 Visa Program letter that administration wrote to our state senators in support of keeping the program would have been brought to council before sending it out. Seaward suggested that the H -2 Program would be sufficient to supply workers to the processors. City Attorney's Report, Cheryl Brooking stated that for the period of February 21 through March 20, 2012, she provided advice and suggestions on certain resolutions and ordinances, certain personnel questions, contracts, grants, various administrative matters, land use platting subdivision matters, and continued efforts on the condemnation litigation for Tract B at Levee Road. The Master's Hearing for the Levee Road land taking was scheduled for April 19 -20, 2012. She also worked on harbor - related questions on contracts and represented the city on the Resurrection Bay Conservation Association (RBCA) litigation. She recently flew to Savanna, Georgia for the National Association of Bond Lawyers conference and it was interesting, helpful and informative, particularly regarding issues relating to tax exempt bonds and securities. Mayoral Report, David Seaward stated reminded the community, council and administration of his four priorities for the city: reducing the cost of energy, creating opportunities for private investment /outsourcing, cost of healthcare, and promoting Seward. He felt that Seward was an exceptional community. Vice Mayor's Travel Report, Jean Bardarson stated she traveled with Hunt and Long to Juneau last week and met with James Armstrong, the finance aide to Representative Stolz who was the co -chair of the Finance Committee. They discussed Seward's financial needs for Coastal Villages and stated the size and scope of the project had increased since Coastal Villages acquired five or six additional vessels since last year. The project could now include the areas south of Spring Creek and north of the breakwater and could include dredging towards the east in that area also. They also discussed Seward's cruise ship head tax project and the need for a new CT scanner. They met with Gary Stevens, President of the Senate, and gave him an update on the same issues. Senator Stevens was well- versed on Seward's priority list. Likewise, they met with Weston Ehler, financial aide to Senator Stedman; Karen Reyfield, Director of Operation of Management & Budget; and Ted Leonard, Director of Alaska Industrial and Export Development Authority (AIEDA), to discuss the possibility of having AIEDA involved further as a point person for the project. Bardarson reported S City of Seward, Alaska City Council Minutes Volume 38, Page March 27, 2012 they also spoke with the Speaker of the House, Mike Chenault, who may be new representative for Seward if the redistricting went through. Other Reports, Announcements and Presentations A presentation was given by Chugach Electric on the city's possible purchase of Fire Island wind power. (Rescheduled from the February 27, 2012 meeting) NEW BUSINESS Other New Business Council scheduled a Work Session to discuss the Animal Shelter for Monday, April 9, 2012 at 6:00 p.m. in Council Chambers. Discussion of City Council term limits. (Casagranda) Casagranda wanted to bring up this discussion as some citizens were asking her about term limits. She would like to see them, but wanted to know what the council thought on the matter. She wanted to find a balance of power. Valdatta said the public set its own term limits by voting candidates in or out of office. Keil agreed in that the public determined who was in office and who was not It took time to learn the role of a council member and they tended to burn out. Shafer said the community had the right to put this on the ballot by initiative if they wanted and it was not the role of the council to determine this. Terry said some had asked her about running for specific seats, similar to the Flo Board, large and asked if that was possible. Brooking said that usually occurred where the geographical area to insure there was proper representation of the voting area. In a city like Seward, although it didn't occur often, it was a possibility. One thing council could consider was to opt out of Alaska Public Offices Commission (APOC) financial disclosure statement form requirements and adopt their own. Because that vote failed previously, it resulted in difficulty attracting new candidates for council and the Planning & Zoning Commission. Seaward suggested the city adopt a strong mayor form of government, as well as addressing a change to the APOC rules. Discussion of Yeosu, Korea's invitation to attend the 2012 World Expo. (Clerk) An invitation was received by the clerk's office that extended to the council and that administration for up to five adults from May 21 -24, 2012, ased on hotorical might take part in their festivities. Approximate travel costs were furnished b information, and there were funds available in the budget in council Obihiro, Japan. S said he was wondered if the city could decline this event in lieu of S aware that Willard Dunham was planning to attend at his own expense, and he would be interested in \c, City of Seward, Alaska City Council Minutes March 27, 2012 Volume 38, Page sending Dunham as the city's representative. He would also like to send several performers from the community, perhaps by having local businesses match city funds. Hunt asked council to consider financing Dunham's airfare. City Clerk Johanna Kinney said she was unable to speak with Dunham to confirm that he would still be interested in traveling at his own expense. Terry said Dunham would be a fantastic ambassador for Seward, and asked for confirmation that in his former role as mayor, he would be an appropriate person to send as the city's representative. Keil added that perhaps an official proclamation stating he was the city's ambassador to Yeosu would help matters. Long relayed his own experience in attending this event in the mid - 1990s and how beneficial it was for the city. Vice Mayor Bardarson was asked if she would be interested in traveling for this event as well; she said she could go. Terry said she would like to reimburse Dunham for his airfare and it should go through council's travel budget. Motion (Terry/Bardarson) Select Willard Dunham as the city's ambassador to attend the 2012 World Expo in Yeosu, Korea and reimburse airfare costs should he be willing to attend and select Vice Mayor Bardarson as an alternate representative in the event Dunham cannot attend. Motion Passed Yes: Terry, Bardarson, Keil, Shafer, Valdatta No Casagranda, Seaward INFORMATIONAL ITEMS AND REPORTS (No action required) Providence January and February Financial Statements. March 28, 2012 Tsunami "Chill, It's A Drill!" Notice. COUNCILS' COMMENTS Bardarson encouraged students to apply for the student exchange program with Obihiro, Japan. She asked citizens to please apply for the open seats on the city's boards and commissions because Seward needed help. On a positive note, it was supposed to be 51 degrees in Seward tomorrow. Keil asked the public to turn out for the Choose Respect Rally & March held at the Alaska SeaLife Center on March 29, 2012 starting at 12:00 p.m. Shafer thanked all for making the 2 Annual Spring Break -Up Festival such a positive event. There was a good turnout to a lot of the activities. `1 City of Seward, Alaska City Council Minutes March 27, 2012 Volume 38, Page Casagranda drew council's attention to the laydown she provided which was a letter she wrote asking certified fluoridation companies for information. Terry announced that the Native Youth Olympics Invitational would be held this weekend at Seward High School; the opening ceremonies would be Friday, March 30, 2012 at 6:30 p.m. at the high school. There would be work sessions tomorrow starting at 6:00 p.m. with the Planning & Zoning Commission followed at 7:00 p.m. with the Port And Commerce Advisory Board, and then at 8:00 p.m. with the Historic Preservation Committee. All of these boards and commissions needed people to attend in the audience as well as be representatives. She added that June 1, 2012 was the 100 year of the city's incorporation and there was a celebration committee that needed volunteers. She encouraged people to get involved with the Chamber of Commerce to help promote the city. CITIZENS' COMMENTS Sue McClure reiterated that the Choose Respect Rally & March would be held at the Alaska SeaLife Center on March 29, 2012 starting at 12:00 p.m. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS — None ADJOURNMENT The meeting was adjourned at 9:22 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) Agenda Statement r {pF St- Meeting Date: April 9, 2012 u To: Mayor and City Council q SK p From: Johanna Kinney, City Clerk,L IO Agenda Item: Appoint a Special Ad Hoc Citizen Advisory Committee to plan the Centennial Celebration of the Incorporation of the City of Seward. BACKGROUND & JUSTIFICATION: The City of Seward is celebrating the 100 year anniversary of its incorporation as a city. Seward was officially incorporated as a town by the courts of Territorial Alaska on June 1, 1912, which is also shown as the incorporation date on the official seal of the City of Seward. The City Council and public have inquired about what kind of celebration should be held to honor the Centennial Anniversary of this event. At the March 12, 2012 council meeting, the City Council directed the clerk to solicit interest for an ad hoc citizen committee to plan such a celebration. The City Clerk advertised for this committee and received interest from five community members: Bev Dunham, Patty Linville, Margaret Anderson, Cindy Clock, and Dorothy Urbach. According to City Council Rules of Procedure, Rule 29, "Special Ad Hoc citizen advisory committees may be created by the Council for a particular purpose. Committee members shall be appointed by the Mayor, with the advice and consent of the Council. The Mayor shall appoint the chair of the committee. Citizen study committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. One Council member, and one alternate Council member, may be appointed as a member and liaison of a citizen advisory committee." As a council- appointed committee, this committee would be subject to the Open Meetings Act and, therefore, meetings of the committee would need adequate legal notice and be open to the public. This was verified by the city's attorney. INTENT: The intent of the appointment of this committee is to request the assistance of interested community members with what the City of Seward should do to commemorate the Centennial Anniversary of this historic event. The committee should hold noticed and public meetings and bring forward suggestions to the council for consideration. Council and the committee should also remember the 110 Anniversary of the founding of Seward is the following year in 2013. LICA CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: • Vol. 1: 3.9 Quality Of Life - Enhance the "sense of community" 1. including its economic and historic significance among residents of X the greater Seward area....Encourage community appreciation of local history and support the continuation of traditions. Strategic Plan: • Page 2 — (The City's Mission) to provide quality leadership, operate efficiently, be responsive to the desires of its residents, preserve and promote the unique heritage and natural setting of the city and further the social and economic well -being of its citizens. 2. X • Page 4: Vision Elements — History and `Sense of Community' ...value and protect Seward's historic character, culture, and physical attributes all of which contribute to its strong sense of community. Other: X 3 ' • City Council Rules of Procedure, Rule 29 (attached) FISCAL NOTE: The appointment of this special ad hoc citizen advisory committee has no fiscal impact on the city's budget, but council should consider what expenditures the city is willing to pay for and where the funds will come from. Approved by Finance Department: d b t' /tG+ ATTORNEY REVIEW: Yes No X RECOMMENDATION: The Mayor, with consent of the council, appoint Bev Dunham, Patty Linville, Margaret Anderson, Cindy Clock, and Dorothy Urbach to the Seward Incorporation Centennial Committee and establish guidelines and /or parameters the committee should work within. If there is interest, one council member and one alternate council member may be appointed as a member and liaison of the citizen advisory committee. Because time did not permit the City Clerk to ask who might be willing to be the chair of this committee, it is recommended to have the committee appoint its own chairperson. 5c City Council Rules of Procedure COMMITTEES RULE 29. The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint ad hoc committees to address specific topics. The Council may also meet in work sessions as a committee of the whole. (a) Committee of the Whole. The Council may meet as a Committee of the Whole composed of the entire council sitting as a legislative study committee. The Committee of the Whole shall not take any official action while in committee. The Mayor chairs the Committee of the Whole. (b) Special Ad Hoc Council Study Committees. Special Ad Hoc Council study committees may be created by the Council for a particular purpose, or when the issue is so complex and time consuming that it cannot be reasonably handled at a Council meeting. Council study committees shall consist of no less than 3 Council members appointed by the Mayor. Special council committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. (c) Council Liaisons. In order to build additional Council expertise in various areas of city operations, the Presiding Officer may appoint one Council member to serve as a liaison to the Planning and Zoning Commission. These appointments shall be made at the Council's organizational meeting in October. If appointed, the council representative to the Kenai Peninsula Borough Economic Development District shall serve as liaison to the Port and Commerce Advisory Board. If council liaisons were not appointed, a member of each Board and Commission will arrange to give periodic reports to the city council during Council's regular scheduled meetings. (d) Special Ad Hoc Citizen Advisory Committees. Special Ad Hoc citizen advisory committees may be created by the Council for a particular purpose. Committee members shall be appointed by the Mayor, with the advice and consent of the Council. The Mayor shall appoint the chair of the committee. Citizen study committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. One Council member, and one alternate Council member, may be appointed as a member and liaison of a citizen advisory committee. (e) Committees may make recommendations on proposed programs, services, ordinances, and resolutions within their area of responsibility before action is taken by the Council. The Committee Chair may present the recommendations of the committee during the discussion of the item of business. (f) Employees shall staff the various committees as directed by the City Manager, but no staff person shall serve as a voting member of a council or citizen study committee. (g) Minutes need not be taken of committee meetings. City of Seward, Alaska Page 15 5� IN THE DISTRICT COURT FOR THE TERRITORY OF ALASKA, THIRD DIVISION. IN THE MATTER OF THE INCORPORATION OF THE TOWN OF SFNARD. No. S - 16. F I N A L ORDER. Now on this 1st day of June, A. D. 1912, it being duly made to appear to the above entitled Court that on the fifteenth day of May, A. D. 1912, an election was held in the community of Seward for the purpose of determining whether or not the lawful residents of such community desired to incorporate such community as a municipal corporation, that due notice of the Order of this Court made on the 17th day of February, A. D. 1912, had been duly and regularly posted, as by law required, in three of the most public places within the limits of said proposed incorporation at least thirty days prior to said fifteenth day of May 1912, and that such notices, as aforesaid, had continuously remained so posted for more than thirty days prior to said fifteenth day of May, 1912; And it further appearing that the Judges of said election, before entering upon the duties of their office, did take an oath in writing to faithfully and impartially discharge the duties of their trust, being the same persons designated by said Order of February 17, 1912, to act as such Judges; And it further appearing that a certificate of election together with all the ballots cast at said election, and the oaths of the Judges of said election, have been filed with the Clerk of the District Court of the Third Division of Alaska, in which the community duly filed with the United States Commissioner for Kenai Recording and Mining Frecinct, in which precinct said community is located; And it further appearing from said certificate of election, filed with the Clerk of thi's Court, that two - thirds or more of the votes cast at said election were in favor of INCORPORATION, and that the provisions at law in relation to incorporation had been substan- tially complied with; NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the community of SEWARD is and shall be deemed to be a municipal corporation under the name of "The Town of Seward in the District of . Alaska ", and the same shall, from, on and after the date of this ORDER be deemed a municipal corporation possessed of the powers and privileges given by law and such other powers as may be given by law, and that the territorial limits of said municipal corporation shall be, as described in the Order of this Court fixing the time and place of holding election, made on the 17th day of February, A. D. 1912, as follows, to -wit: "Beginning at a point on a rock which is marked (corner No.3 of U. S. Survey No. 726 S) running; due south along the shore line of Resurrection Bay 1000 feet to incorporation post No. 1; Thence 'Nest 500 feet; thence north 11560 feet; thence east to Alaska Northern Rail- way track; continuing east of said track 1000 f eet; thence East and South on a meandering line along and 1000 feet east and south from said Alaska Northern Railway track to incorporation post No. 1. This tract, thus described, includes in its boundaries, with other lands Survey No. 726 S, Survey No. 726 N.U.S., Survey No. 703, the terminal grounds of the Alaska Northern Railway, the Laubner Homestead, the Rudolph Home - .53 Endorsed: FILED in the District Court, Territory of Alaska, Third Division. JUN 1 1912 Ed V. Lakin Clerk By K L Monahan Deputy Entered Court Journal No. C 1 Pa e No. 303 • • • .SD( IN THE DISTRICT COURT FOR THE TERRITORY OF ALASKA, THIRD DIVISION. IN THE MATTER OF THE INCORPORATION ) } No. S -16 OF THE TOWN OF SEWARD. } FINAL ORDER. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the community of Seward is and shall be deemed to be a municipal corporation under the name of "The Town of Seward in the District of Alaska," and the same shall, from, on and after the date of this ORDER be deemed a municipal corporation possessed of the powers and privileges given by law and such other powers as may be given by law, and that the territorial limits of said municipal corporation shall be, as described in the ORDER of this Court fixing the time and place of holding election, made on the 17th day of February, A.D. 1912, as follows, to -wit: "Beginning at a point on a rock which is marked (corner No. 9 of U. S. Survey No. 726 N) running due south along the shore line of Resurrection Bay 1000 feet to incorporation post No. 1; Thence West 500 feet; thence north 11560 feet; thence east to Alaska Northern Railway track, continuing east of said track 1000 feet; thence East and South on a meandering line along and 1000 feet east and south from said Alaska Northern Railway track to incorpora- tion post No. 1. This tract, thus described, includes in its boundaries, with other lands Survey No. 726 S, Survey No. 726 N, Survey No. 709, e terminal grounds of the Alaska Northern Railway, the Laubner Homestead, the Rudolph Homestead, and the Poland Homestead, and the various parcels of land lying and being between the said surveys and the line of low tide on Resurrection Bay." Done in open Court this lst day of June A. D. 1912. Edward E. Cushman District Judge Endorsed: Filed in the District Court. Territory of Alaska, Third Division. June 1, April April 2012 May 2012 SuMo SuMo TuWe Th Fr Sa TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Apr 2 3 4 5 6 7:OOpm P &Z Meeting 12:OOpm PACAB Meetin � - 1 10 11 12 13 6:OOpm CC WS; Anima 7:OOpm KPB Road Sery 11:30am Seward Comm 7:00pm City Council M / rn 16 17 18 19 20 1 12:00 m PACAB Work 5 9:OOam Social Security KPB Assembley Mee , p Y 6:OOpm P &Z Work Ses 6:30pm Historic Preser 0 N VD a 23 24 25 26 27 :00pm City Council M 30 May 1 2 3 4 0 m L. Nanci Richey 1 4/5/2012 9:29 AM L May 2012 TuWe Th June 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Apr 30 May l 2 3 4 7:OOpm P &Z Meeting 12:OOpm PACAB Meetin 0 7 8 9 10 11 11:30am Seward Comm 15 16 17 18 :00pm City Council M I 6:OOpm P &Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:30pm Historic Preser 00 2 21 22 23 24 25 T D 2 28 29 30 31 Jun 1 Offices Closed; Memo! I \7:00pm City Council M r-i CO N 2 Nanci Richey 1 4/5/2012 9:29 AM s -I