Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03112013 City Council Packet
Seward City Council Agenda Packet _,, li 1; r ' 1 00 IIII � I , A . . 1 e 2 1 1 6 / 1 r) t I Oka 0 t it — L « ` .t 7 Ikip . y b - ic)... a Ai cifi-s ...... Day: 1 ? Pi March 11, 2013 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska kzetril CITY COUNCIL MEETING AGENDA e° All-America I 11 P {Please silence all cellular phones and pagers during the meeting} March 11, 2013 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Jean Bardarson signed in will be given the first opportunity to speak Time is limited to Vice Mayor 3 minutes per speaker and 36 minutes total time for this agenda item.] Term Expires 2014 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk ( *). Robert Valdatta Consent Agenda items are not considered separately unless a council Council Member member so requests. In the event of such a request, the item is returned Term Expires 2013 to the Regular Agenda] Christy Terry 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Council Member Term Expires 2013 A. Proclamations and Awards Vanta Shafer 1. March is American Red Cross Month Pg. 3 Council Member Term Expires 2013 B. Borough Assembly Report C. City Manager's Report Marianna Keil D. Mayor Report Council Member E. Other Reports and Presentations Term Expires 2014 1. Historic Preservation Commission Quarterly Report. Ristine Casagranda Council Member 2. Cook Inlet Aquaculture Association Report by Seward Board Term Expires 2014 Representative Tim McDonald. 3. Presentation by Providence Seward Administrator Joe Fong to James Hunt present 2012 Annual Operational Report. City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda March 11, 2013 Page 1 I 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 1. Ordinance 2013 -002, Amending The Seward City Code Relating To The Regulation Of Door -To -Door Solicitors On Residential Property Pg. 4 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions *1. Resolution 2013 -016, Accepting Exxon Valdez Oil Spill Trustee Council Funds In The Amount Of $620,656 From The State Of Alaska Department Of Environmental Conservation For Construction Of The Vessel Wash Down And Wastewater Recycling Facility At The Seward Marine Industrial Center, And Appropriating Funds Pg. 9 2. Resolution 2013 -017, Authorizing Amendment To The Contract With R &M Consultants Inc. For Marine Coastal Engineering Services For The Seward Marine Industrial Center, Changing The Scope Of Work To Include Geotechnical Services And Permitting, And Increasing The Contract By $505,503 Pg. 17 3. Resolution 2013 -018, Authorizing The City Manager To Enter Into A Purchase Agreement With R & M Steel Co. Of Caldwell, Idaho For The Purchase And Shipment Of A Steel Building Kit For A Total Amount Not To Exceed $196,232 To Waive The Normal Bid Procurement Procedures, And Appropriating Funds Pg. 29 B. Other New Business Items *1. Approval Of The January 28, 2013, February 11, 2013, and February 25, 2013 City Council Regular Meeting Minutes and the January 28, 2013, February 26, 2013 and February 28, 2013 City Council Special Meeting Minutes Pg. 56 *2. Appoint Alexis Campestre to the Planning and Zoning Commission, with term expiring February 2015 Pg. 87 *3. Appoint Frank DeMarco to the Historic Preservation Commission, with a term to expire May 2015 Pg. 88 10. COUNCIL COMMENTS 11. CITIZEN COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda March 11, 2013 Page 2 PROCLAMATION American Red Cross WHEREAS, across the country the American Red Cross responds to nearly 70,000 disasters each year; and WHEREAS, over 400,000 services are provided to military members, veterans and civilians annually; and WHEREAS, about 40% of the nation's blood supply is collected and distributed by the American Red Cross; and WHEREAS, more than seven million people are trained every year in first aid, water safety and other lifesaving skills; and WHEREAS, in Alaska, there are 18 employees and hundreds of volunteers who work tirelessly when disaster strikes; and NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska do hereby proclaim March, 2013 as AMERICAN RED CROSS MONTH and I encourage all our citizens to support this vital organization and its noble humanitarian mission. Dated this March 11, 2013 The City of Seward, Alaska David Seaward, Mayor 3 Sponsored by: City Attorney Introduction: February 25, 2013 Public Hearing: Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2013 -002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE RELATING TO THE REGULATION OF DOOR -TO -DOOR SOLICITORS ON RESIDENTIAL PROPERTY WHEREAS, the City has a strong interest in promoting commerce and development within its boundaries; and WHEREAS, door -to -door sales contribute to the flow of commerce in the City; and WHEREAS, the right and freedom of speech is a recognized right under the state and federal constitutions; and WHEREAS, door -to -door solicitations include commercial speech, which is protected by the right and freedom of speech provided in the federal and state constitutions; and WHEREAS, commercial speech is speech which does no more than propose a commercial transaction; and WHEREAS, commercial speech may be limited by reasonable time, place, and manner restrictions in order to promote legitimate and substantial government interests; and WHEREAS, the right of privacy in one's home from intrusion against tranquility and security is recognized in the fundamental right of privacy contained in the state and federal constitutions; and WHEREAS, the City also has a strong interest in protecting its residents from unreasonable intrusions into the privacy of the home to promote the health, safety and welfare of its residents; and WHEREAS, door -to -door solicitation of unwilling residents for any purpose infringes upon the right of residents in the City to enjoy the privacy of their homes in tranquility and security; and WHEREAS, the risk of consumer fraud increases when the solicitor has no fixed place of business in the City and consumer complaints cannot be resolved locally and expediently; and CITY OF SEWARD, ALASKA ORDINANCE 2013 -002 WHEREAS, protecting the interests of residents in privacy and the quiet enjoyment of private residential premises are legitimate government interests; and WHEREAS, the City has an interest in balancing the rights of door -to -door solicitors against the privacy rights of its residents in order to promote economic growth while preserving the health, safety, and welfare of its residents; and WHEREAS, door -to -door solicitations for any purpose may be limited by reasonable time, place, and manner regulations as a means of balancing those interests when done in such a manner so as not to intrude unduly on an individual's First Amendment rights; and WHEREAS, it is important for the residents and citizens of Seward to know their rights as it relates to door -to -door solicitation on residential property; and WHEREAS, City residents who wish to enjoy the privacy of their homes without interruption have the right to post no trespassing, no soliciting, or other similar signs; and WHEREAS, City residents have the right to refuse entry to a solicitor; and WHEREAS, a City resident that purchases a contract for the sale of goods or services in the amount of $10 or more from a door -to -door solicitor has the right to revoke that purchase within five (5) days of entering the contract; and WHEREAS, a City resident that purchases a contract for the sale of goods or services in the amount of $10 or more from a door -to -door solicitor must be informed by the solicitor of the right to revoke at the time of the sale; and WHEREAS, the City currently has an ordinance restricting door -to -door solicitations, which in its present form is unenforceable; and WHEREAS, it is therefore necessary to revise the current door -to -door solicitation ordinance and related provisions consistent with the legitimate government interests expressed above in a manner so as not to unduly intrude upon the freedom of expression afforded by the Constitutions of the United States of America and the State of Alaska. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that Section 1. Section 8.10.010 is amended as follows: Strikeout = delete Bold Italics = new 8.10.010. - Exemptions from chapter; intent of chapter, interpretation. CITY OF SEWARD, ALASKA ORDINANCE 2013 -002 (a) Unless otherwise provided, the The provisions of this chapter shall not apply to: (1) Incidental fund- raising activities of less than two weeks per year duration sponsored by charitable, religious, civic, educational or other nonprofit organizations except that the limitations contained in section 8.10.020(d) shall apply; or (2) Solicitations of a non- commercial nature by charitable, religious, civic, educational or other nonprofit organizations except that the limitations contained in section 8.10.020(d) shall apply. (b) It is the intent of this chapter not to unlawfully discriminate between residents of this city or of the state and nonresidents thereof, and it is expressly provided that this chapter shall apply without discrimination to all persons, residents of the city or state or nonresidents thereof. (c) This chapter shall not be interpreted to unduly limit or infringe upon the freedom of expression but to place reasonable time, place, and manner restrictions in furtherance of the legitimate government interests to regulate business, deter crime, and protect the health, safety, and privacy of the City's residents. Section 2. The title of Section 08.10.020 is amended as follows: Strikeout = delete Bold Italics = new "Uninvited Door -to -door soliciting solicitation on residential property." Section 3. Section 08.10.020 is repealed and replaced with the following: (a) Intent. The requirements of this section shall apply to door -to -door solicitations occurring on residential private property. (b) Definitions. For purposes of this section, the following definitions shall apply. (1) "Commercial solicitation" shall mean any solicitation where the primary purpose of the solicitation is not charitable, political, or religious, and includes solicitations for the sale of any goods or services. (2) "Door -to -door solicitation" includes the term "door -to -door sale" and refers to a commercial solicitation that occurs when the seller, or a representative of the seller, personally solicits the sale and the A LP CITY OF SEWARD, ALASKA ORDINANCE 2013 -002 purchaser's agreement or offer to purchase is made at a place other than the place of business of the seller. The term "door -to -door sale" does not include a transaction (i) made under prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis; (ii) in which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer; (iii) conducted and consummated entirely by mail; (iv) in which the buyer has initiated the contact and specifically requested the seller to visit the buyer's home for the purpose of repairing or performing maintenance upon the buyer's personal property; or (v) conducted at the buyer's place of business. (3) "Residence" shall have the meaning given in section 15.10.140 of this code. (4) "Solicit" or "Solicitation" shall mean any request directly or indirectly, verbally or in writing, for money, credit, property, financial assistance, or other thing of value on the solicitor's own behalf or on behalf of another. Solicitation shall be deemed to have taken place when the request is made, whether or not the solicitor making the same receives a contribution. (5) "Solicitor" shall mean a person engaged in the business of door -to -door solicitations for the purpose of commercial transactions and includes peddlers, itinerant merchants, transient merchants and vendors, as defined in section 15.10.140 of this code. (c) Business license required. Persons engaged in the business of door -to -door solicitations for the purpose of commercial transactions, including the sale of goods and services, are subject to the business licensing requirements pursuant to Title 8 Chapter 30 of this Code unless otherwise exempt. Upon request, a solicitor must show a valid copy of a current city business license to any owner, lessee, tenant, agent or occupant of the premises upon which a door -to -door solicitation is being made. 1 CITY OF SEWARD, ALASKA ORDINANCE 2013 -002 (d) Prohibitions. No solicitor shall: (1) ring the bell or knock on the door of, or attempt to gain entry to, any residence before nine a.m. (9:00 a.m.) of any day or after eight p.m. (8:00 p.m.) of any day; or (2) solicit at any residence to which is affixed a sign indicating "No Solicitors," "No Peddlers," "No Trespassing," or similar indication that solicitation is not desired on the premises, unless expressly permitted by the owner, lessee, tenant, agent or occupant of the premises; or (3) continue to solicit from another after the desire not to be solicited has been expressed; or (4) solicit or continue to solicit where the owner, lessee, tenant, agent or occupant of the private property has notified the solicitor that he or she is not allowed on the private property; or (5) intentionally obstruct the free movement of any person or vehicle; or (6) refuse to leave any residence or other private property within the City when requested to leave by the owner or occupant, or an agent of the owner or occupant of the premises. (e) Right of Revocation. A contract for the purchase of goods or services in the amount of $10 or more from a solicitor soliciting a door -to -door sale shall require, as a condition of taking effect, that the purchaser shall have the right to revoke the offer to buy within five (5) days from entering into the contract, and the solicitor, at the time of sale, shall give the purchaser written notice of the right to revoke. Revocation is effective either upon the tender of the rejected goods to the seller or an agent of the seller, or upon the posting of a registered letter (marked Deliver to Addressee Only, Return Receipt) of rejection to the seller or an agent of the seller. Section 4. This ordinance shall take effect ten days following its enactment. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this day of , 2013. THE CITY OF SEWARD, ALASKA Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING EXXON VALDEZ OIL SPILL TRUSTEE COUNCIL FUNDS IN THE AMOUNT OF $620,656 FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR CONSTRUCTION OF THE VESSEL WASH DOWN AND WASTEWATER RECYCLING FACILITY AT THE SEWARD MARINE INDUSTRIAL CENTER, AND APPROPRIATING FUNDS WHEREAS, the City has received an amended grant offer from the State of Alaska Department of Environmental Conservation acting on behalf of the Exxon Valdez Oil Spill Trustee Council to construct the Vessel Wash Down and Wastewater Recycling Facility (VWDWRF) at the Seward Marine Industrial Center (SMIC); and WHEREAS, the purpose of the VWDWRF is to collect potential harmful chemicals and invasive species from the bottom of boats during the pressure washing process; and WHEREAS, the design of the VWDWRF was completed in January 2013; and WHEREAS, the next step in the plan is to solicit bids from contractors to begin construction. 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 sign and execute the amended grant agreement from the State of Alaska Department of Environmental Conservation. Section 2. Funding in the amount of $620,656 is hereby appropriated from the State grant revenue account no. 278 - 2781 - 4680 -0200 to the SMIC Wash -down Pad grant project account no. 278- 2781 -5XXX. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 11 day of March, 2013. 1 Council Agenda Statement 4 0 4o Meeting Date: March 11, 2013 :$ o Through: Jim Hunt, City Manager q �p NIP �A511� From: Mack Funk, Harbormaster Agenda Item: Accepting an EVOS grant for vessel washdown and wastewater recycling facility at SMIC BACKGROUND & JUSTIFICATION: The City received an amended grant offer for additional funds from the State of Alaska Department of Environmental Conservation acting on behalf of the Exxon Valdez Oil Spill Trustee Council in the amount of $620,656 for a vessel washdown and wastewater recycling facility at SMIC. PND Engineers designed the project including plans and specifications. The source of funds was an earlier grant from the same agency. The necessary permits have been secured. A copy of the project cost estimate is attached. INTENT: The Council Resolution will authorize the City Manager to execute the grant amendment. Meanwhile the City will advertise for bids from construction contractors. PND Engineers will continue to serve as project engineer. It is anticipated that the construction will be completed by September 15, 2013. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Continue to support, 1. promote, enhance and develop harbor facilities to accommodate X Seward's growing demand for marine transport facilities. (page 33) 2 Strategic Plan (document source here): Seward Marine Industrial Center X Development Plan 3. Other (list): X FISCAL NOTE: This grant does not require matching funds. Approved by Finance Department: A ATTORNEY REVIEW: Yes No X RECOMMENDATION: 0 City Council approves Resolution 2013- authorizing the City Manager to accept State of Alaska Department of Environmental Conservation Municipal Matching Grant funds in the amount of $620,656 from the Exxon Valdez Oil Spill Trustee Council, and appropriate funds to construct the Vessel Wash Down and Wastewater Recycling Facility at SMIC. I , OF TA.t Department of Environmental THE STATE Conservation o f (� ��r' A DIVISION OF WATER GOVERNOR SEAN PARNELL Post Office Box 111800 Juneau, Alaska 99811 -1800 OF ALAS Q+ Maln: 907.465.5300 Fax: 907.465.5177 February 15, 2013 Mr. Jim Hunt City Manager City of Seward P.O. Box 167 Seward, AK 99664 Dear Mr. Hunt: Enclosed for signature is Grant Amendment #1 for the Seward - Vessel Wash -Down and Wastewater Recycling Facility Project # 76913. This amendment increases the grant amount by $620,656 for the construction phase of the project. The total amount granted to date for this project is $89,725, and the current balance remaining is $16,181.50. This increase, when added to the original grant of $89,725 brings the total grant amount for this project to $710,381. Enclosed you will also find a copy of the original grant offer for your reference. Please return the signed original of Amendment ## 1 to the following address: Alaska Department of Environmental Conservation Division of Water, Municipal Matching Grants & Loans Program Attn: MAT (Municipal Administrative Team) P.O. Box 111800 410 Willoughby Avenue, Suite 303 Juneau, AK 99811 -1800 Sincerely, ' C'L g Michelle Bonnet Hale Director Enclosure: Amendment # 1 ��'; r � THE STATE of Environmental 4P) -,N1/// � '' e r (� 1 � 6 Conservation .. ' D IVISION OF WATER V ie GOVERNOR SEAN PARNELL Post Office Box 111800 Juneau, Alaska 99811 -1800 Lw9 Main: 907.465.5300 Fax: 907.465.5177 February 15, 2013 Mr. Jim Hunt City Manager City of Seward • P.O. Box 167 Seward, AK 99664 Grant Offer Amendment # 1: Seward — Vessel Wash -Down and Wastewater Recycling Facility (MMG #76913) Dear Mr. Hunt: In accordance with AS 46.03.030, the Department of Environmental Conservation (Department) is pleased to offer the City of Seward (Grantee) a grant increase of funds not to exceed $620,656. The project scope of work remains the same as in the original grant offer. This increase, when added to the previous grant of $89,725 brings the total grant on this project to $710,381 with reimbursements made at- 100V0 of eligible costs. • This grant will be administered by the Department using funds provided by the Exxon Valdez Oil Spill Trust Council through Reimbursable Services Agreements (RS # 1125198, 1135126 and 1135210) between the Department and the Alaska Department of Fish and Game. This offer is expressly conditioned upon the terms and limitations contained herein, in the original January 25, 2012 grant offer, in 2 AAC 45.010 (enclosed), in 18 AAC 73 (enclosed), and is based upon estimated eligible project costs as itemized below: Total Total Estimated Estimated Eligible Eligible Project Costs Project Costs Original Amend # 1 1. Administrative $0 $5,585 City of Seward MMG # 76913 Amendment # 1 2. Engineering Design $89,725 $91,630 3. Engineering Construction $0 $71,500 4. Construction $0 $565,450 5. Equipment $0 $0 6. Other 0 $0 7. Project Contingencies $0 $56,500 8. Total Estimated Eligible Project Costs $89,725 $790,665 9. State Grant $89,725 $710,381 Adjustment of expenditures within the budgeted cost items is allowed. If actual project costs are less than the estimated costs, the grant will be reduced to the extent necessary to not exceed 100% of the eligible project costs. Grant payments will be made when expenses have been incurred and documentation has been provided to the Department along with the payment request form, unless a payment schedule is established as a special condition of this grant. Payments will normally be made monthly, but no more frequendy than twice per month. All requests for payment must be submitted on the enclosed Request for Payment form. The Request for Payment form can also be found at: http://dec.alaska.gov/water/munigrant/forms.html. The Grantee should scan the Request for Payment Form and backup documentation and e -mail it both to the project engineer for eligibility review, and to the Municipal Administrative Team (MAT) at: Beth.Verrelli @alaska.gov DEC.Water.MGL.MAT @alaska.gov Mail the original signed Request for Payment Form to the address noted below; backup documentation to the pay request does not need to be mailed. If Grantee does not have scanning capability, grantee should mail the Request for Payment Form • and backup documentation to: Alaska Department of Environmental Conservation Division of Water, Municipal Matching Grants & Loans Program Attn: MAT (Municipal Administrative Team) P.O. Box 111800 410 Willoughby Avenue, Suite 303. Page 2 of 4 1� City of Seward MMG # 76913 Amendment # 1 Juneau, AK 99811 -1800 Pay request(s) totaling less than one thousand dollars will be held for payment until the one thousand dollar threshold is met. Upon the threshold being met, the Department will proceed with payment. SPECIAL GRANT CONDITIONS The special grant conditions contained in the original grant offer remain the same. By accepting this grant amendment, the Grantee agrees to comply with the procedures and requirements contained in the Construction Grants Regulations (18 AAC 73 appended), as well as all grant conditions contained herein and in the original grant offer dated January 25, 2012. Please carefully review this grant amendment, the related grant conditions, and the enclosed regulations. If satisfactory, sign and return the original, along with a formal resolution accepting the grant enacted by the City of Seward. In the resolution the Grantee must agree to accept responsibility to operate and maintain the proposed water utility improvements and agree to the terms and conditions of this grant amendment. Mail signed originals (grant amendment and resolution) to the following address: Alaska Department of Environmental Conservation Division of Water, Municipal Matching Grants & Loans Program Attn: MAT (Municipal Administrative Team) P.O. Box 111800 410 Willoughby Avenue, Suite 303 Juneau, AK 99811 -1800 Acceptance of the grant amendment is required within six months to prevent revocation of the offer. No progress payments can be made until this grant offer is signed by the Grantee and returned to the Department. Nothing in this offer, whether or not accepted, may be deemed to constitute a contractual obligation on the part of the Department until a resolution of acceptance has been received. The Department is pleased to offer this assistance to the people of Seward. Sincerely, Michelle Bonnet Hale Director Page 3 of 4 City of Seward MMG # 76913 Amendment # 1 Enclosures: 2 AAC 45.010 18 AAC 73.010 Construction Grant Project Eligibility Request for Payment cc: The Honorable Cathy Giessel, Alaska State Senate The Honorable Mike Chenault, Alaska State House of Representatives Beth Vercelli, ADEC Project Engineer Accepted on behalf of the by: Typed Name Title Date Signature Page 4 of 4 1 S- SEWARD MARINE INDUSTRIAL CENTER "4 43$4.11 ct, VESSEL WASHDOWN PAD - PHASE I El III LE vs Cost Estimate 40/01 40A0 Prepared By: PND ENGINEERS, INC. February 1, 2013 PND Project 121023.01 BASE BID Item Item Description Units Quantity Unit Cost Amount 1505.1 Mobilization LS All Reqd 10% $41,700 2202.1 Excavation CY 1,000 $10 $10,000 2202.2 Class A Shotrock Borrow CY 350 $30 $10,500 2204.1 Base Course, Grading D -1 CY 350 $40 $14,000 2501.1 12 -inch CPEP Storm Drain Pipe LF 510 $75 $38,250 2501.2 8 -inch HDPE Washwater Outflow Pipe LF 35 $200 $7,000 2501.3 12 -inch HDPE Sump Pump Pipe & Fittings LS All Reqd $2,000 $2,000 2502.1 Oil/Water Separator EA 1 $20,000 $20,000 2502.2 48 -inch CPEP Dual Catchbasin LS All Reqd $25,000 $25,000 2502.4 Storm drain Outlet Structure LS All Reqd $20,000 $20,000 2502.5 Storm drain Manhole EA 1 $5,000 $5,000 2603.2 Yard Hydrant EA 1 $3,000 $3,000 2605.1 1 -Inch Water Service LS All Reqd $2,500 $2,500 2605.2 Water Meter Enclosure LS All Reqd $12,000 $12,000 2702.1 Construction Surveying LS All Reqd $10,000 $10,000 2714.1 Geotextile Reinforcement SY 800 $5 $4,000 2718.1 Sign Assembly LS All Reqd $2,000 $2,000 3305.1 CIP Concrete Washdown Pad CY 210 $800 $168,000 5120.1 Steel Pipe Bollard EA 8 $500 $4,000 11000.1 Ileated Pressure Washer EA 2 $8,000 $16,000 11000.2 Washwater Treatment System w/ Trailer LS All Reqd $30,000 $30,000 16000.1 Electrical Service LS All Reqd $13,500 $13,500 ESTIMATED CONSTRUCTION BID PRICE $458,450 CONTINGENCY (10 %) $45,800 DESIGN AND CONTRACT DOCUMENTS $91,630 CONTRACT ADMIN. & CONSTRUCTION INSPECTION (10 %) $45,800 PERMITTING $15,000 TOTAL RECOMMENDED PROJECT BUDGET -BASE BID I BASE BID: $656,680 I Project Budget (minus the design and contract does) $565,050 ADDITIVE ALTERNATE A Item Item Description Units Quantity Unit Cost Amount 3305.2A Extended Concrete Foundation LS All Reqd $12,000 $12,000 3305.3A 1 -inch Rigid Insulation Board SF 5000 $3 $15,000 15000.1A Mechanical: Snowmelt Tubing LS All Reqd $80,000 $80,000 ESTIMATED CONSTRUCTION BID PRICE $107,000 CONTINGENCY (10 %) $10,700 CONTRACT ADMIN. & CONSTRUCTION INSPECTION (10 %) $10,700 TOTAL RECOMMENDED PROJECT BUDGET - ADDITIVE ALTERNATE A $128,400 I BASE BID + ADD. ALT. A: $785,080 I Notes: 1. The Base Bid cost estimate is the bare minimum to meet EPA washdown requirements. Additive Alternate A will allow for a heated pad in the future. 2. Electrical costs exclude outdoor lighting, communications or security equipment. 3. The Facility will have limited washing capabilities on rainy days. 1K/ Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING AMENDMENT TO THE CONTRACT WITH R &M CONSULTANTS INC. FOR MARINE COASTAL ENGINEERING SERVICES FOR THE SEWARD MARINE INDUSTRIAL CENTER, CHANGING THE SCOPE OF WORK TO INCLUDE GEOTECHNICAL SERVICES AND PERMITTING, AND INCREASING THE CONTRACT BY $505,503 WHEREAS, the City of Seward received a grant from the State of Alaska to fund a marine coastal engineering study at the Seward Marine Industrial Center (SMIC) for the purpose of providing conceptual design of the Center for moving the Coastal Villages fishing fleet to Seward; and has contracted with R &M Consultants through an RFP process and approved by Council Resolution 2011 -068 to provide those services; and WHEREAS, the City of Seward has more recently secured an additional $10 million towards developing the SMIC project through the statewide Transportation Bond Package approved by the voters of Alaska November 6, 2012; and WHEREAS, geotechnical investigation and permitting work in support of the project development is necessary prior to finalizing the breakwater design and prior to construction; and WHEREAS, the City has requested and R &M Consultants has provided a cost and task proposal to conduct the geotechnical and permitting work; and WHEREAS, this contract amendment will include offshore and upland borings to investigate soils and foundation requirements, assessing the submarine slope alluvial sediments just offshore of the proposed breakwater for seismic liquefaction susceptibility, assess upland areas for structural foundations, sampling proposed dredge areas through laboratory analysis as necessary for dredge permitting both within the existing basin and in proposed expansion areas, preparing and submitting US Army Corps of Engineers permit applications as needed, and preparing a Storm Water Pollution Prevention Plan (SWPPP) for and material analysis of the City's rock quarry; and WHEREAS, through their work on this project since inception R &M has developed an in depth familiarity with the project, with the needs of the existing and potential new users, and has worked closely with the administration, the public and with facility users; and WHEREAS, R &M's experience with and understanding of the SMIC development brings further value to the project, makes them particularly suited to continue developing the project on behalf of the City, and R &M can begin the new work immediately; and CITY OF SEWARD, ALASKA RESOLUTION 2013 -017 WHEREAS, Seward City Code § 6.10.120 (8) exempts professional services including accounting, architectural, appraisal, engineering, land surveying, and other specialized service from the otherwise applicable provisions of that Title requiring competitive procurement procedures. 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 amend the contract with R &M Consultants Inc. for coastal marine engineering services in substantially the form attached here as "Professional Services Agreement with R &M Consultants Inc. for Coastal Marine Engineering and Related Technical Services - CHANGE ORDER No. 1", and to issue a Notice to Proceed. Section 2. The amount of this Change Order is not to exceed $505,503. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 day of March, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: March 11, 2013 -t S F� Through: Jim Hunt, City Manager V k 9 From: Ron Long, Assistant City Manager Agenda Item: Approve Change Order No. 1 of the contract with R &M Consultants Inc. for coastal marine engineering services for the Seward Marine Industrial Center. BACKGROUND & JUSTIFICATION: The City of Seward will receive funding from the State of Alaska as part of the Statewide Transportation Bond package to further the Seward Marine Industrial Center (SMIC) expansion project. Building on the design work completed to date, among the next steps prior to construction, and as described in the State Bond Package Timeline and Scope of Work (attached), is to complete the necessary geotechnical testing and reporting, and to begin the permitting process. The City has engaged R &M Consultants, Inc. through a competitive RFP process to provide preliminary design and engineering services for the SMIC expansion/Coastal Villages fishing fleet home - porting project (Res 2011 -68), and wishes to move ahead with these next steps. R &M Consultants Inc. is intimately familiar with the SMIC project and is particularly suited to continue the work already begun there. R &M has provided a fee proposal and schedule of tasks to complete the next steps as described, and is prepared to begin the work immediately. INTENT: To authorize the City Manager to amend the contract with R &M Consultants Inc. for coastal marine engineering services at the Seward Marine Industrial Center, changing the Scope of Work to include geotechnical services and permitting, and increase the amount of the contract by $505,503. CONSISTENCY CHECKLIST: Yes No N/A 1, Comprehensive Plan (document source here): Section 3.5.1.2 X 2 Strategic Plan (document source here): Page 12, Improve and expand X maritime facilities; Expand development in SMIC 3, Other (list): State Legislative Priorities, 2011, 2012, 2013 X FISCAL NOTE: The City of Seward will be reimbursed from the State of Alaska for this project. This stage of the project will initiate a new Purchase Order to distinguish bond reimbursable costs from the previous legislative appropriation costs. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: A Recommend approval of Resolution 2013 - 0\ , authorizing the City Manager to amend the contract with R &M Consultants Inc. to provide coastal marine engineering services at the Seward Marine Industrial Center. PRICE PER TASK SUMMARY FIRM: R &M Consultants, Inc. PROJECT TITLE: I DATE: 12/28/2012 Seward Marine Industrial Center Expansion TASK LABOR EXPENSES SUB- CONTRACTS TASK TOTALS 1a Geotechnical Field Work $32,526 $8,261 $295,711 $336,498 1b Geotechnical Report $62,133 $10,125 $0 $72,258 2 Dredge Material Sampling & Permitting $60,816 $30,181 $5,750 $96,747 3 Public Involvement $0 $0 $0 $0 4 Engineering $0 $0 $0 $0 5 Bid & Construction Support Services $0 $0 $0 $0 ESTIMATED TOTALS LABOR EXPENSES SUB - CONTRACTS PROJECT TOTAL $155,475 $48,567 $301,461 $505,503 0.\\ co 04 to 64 64 ° }\§ ® CO § * 222 40 - �f% } k \} . hill ; ' ,, -. o i » \ / k ,:e,6:5 @ a @ kk \$ 2 ° ƒ 2 k ) ) a. ® k2 /� LU b $ 2 § \ 1111111111 o 0 /§ \ & CO 2 . m 2 £ _ e & 1 ° i 1 u I %0 zm -0 ,=y�,m } co a ' 2 " © - r o ® O w °� ■§ ® ~ =45 w r 0 ro z • o ©° _ `` 2 2 2 ; ■ ■ B . \ ° / § ) 2 .. - - o a ; c e e 0 k 0000 o ■ ¥ � ) } \ 6909\ j [} (\� ( k� in � w - k)11111111 § in § in 7 § 22 [ - " & / eR § § 2 k \° k G c ,- E ) � ' IIflhIIIIi cn § a a a 1 ) ) " IHIIHhli! \ ) d ) K i • k ( a k 5S § $ ' k �\ §} 2 I- dk%§ § _ \ §2 u § ° k « .9. { 2 / j / . E 7 3 Z - o ' co c ; @¥ \ e I } � Aq. §k« ƒEƒ\ = tx \ § §E } / \} ±w3 6 � v ij w . ® . _ , . aD\ E o el CO tot• to § 2 ■ & ., 0 0 ' / ® 0 } {k — -. e « -_ } G \) £ 0 P. ® k | j § § co i + i m#GW k \ IV te d § § \ ,. C F- 0 # 5 cu 0 z) S ° / \ S ILI ;0 0 § § ) §32 / X § .2 2 A $ k o 4( O9 _ �. � CC R t- E m Z E $ § ) _ 0 0 $ § ) 7 s aR2G -_ 'A 2 LO r 7 7{ / - < k § k E ( )2 ,s § k a. r z m� L i j k �/' 1IiIIIHIi i 1- _ ( w z u m \ § )° k 0 ,, 2 p •• §§ �f ° 1t lflhIIII1Ij ) a 2 § § o ± as Z S ) L„, m w / a \ 2 j k } PI A e ° 2 ƒ o ' u § 2 § § ` 0 / m \ ) § \ = Q to _ D f \ \ ` 2f £ § ] } 2 H ol _ 5 ) - arm 0 §§ 0 CO I ° a R } _ 5 _ . K �-6 o.) r- c7) ..- co In 00 . •- /--.. .a. n (.4 o r.:, to oi e 03 63 C9 49 01 CV 649 89 .61 ••-• ....... .-..., -.74 tri g u" 1 < Tli O aS ........ En — a) ii _ c "r a) _te . 0- ") is § a 2 2 ...A zitt c. Ln , ,.. c 0 0 0 5: c El L00 a. O. co a . c — — 'it N CO N q* r al U) CC C 0 E -c n. •-• W 0 .g. w 69 Z 0 c r4 g' x w .. w ix 3 u) w z ._ a. . — . 1— 0 ....,, ,..y! 0 q z < ta 1- 03 4 c E Ta 0 a o CV o o co o 63 N q ' 11.1 0 7 1- O .1.) N c0 () ,/. (0 co ,- C r . t• go 2 t.- m 0 En D -I I- T; • 0 m co (4 0 2 m ,..x. 0 P w 0 rx ce < g < 0 IT: 0 F. _ ..o , 2 a: 0 00 0 c, 0 0 0 co e c7) WI c) caca c (7 coLoc) CO .F. u_ U0 1-4 0 a 0 9 U. O ci O 6 6 ..6 (Ni c; F 69 63 v- N 2 5 .: ? F°- 3 8 P v " = e) co . 5: -- ‘,. in ,.... .01 p U) • U.1 0 .r• cl ‘:1" -J Cs1 1 vs. "1 0 69 0 W 1-• W 0 W 3. ca • . c)•mocic, coo u) c• c:, 0 0 0 0 N 0 W W 0000cauloo 0) " m w o - o u) co o to - fo o z P 1 :d W 0 "-• w c) ,... n x ,-- v- a, C1 !I" 4,1 (•,;),. w a. fk) la in " el) a. m w o5 X la •E 1- Et (7) 2, co 2 I- N 61 X i-• p o w 69 In Z U.1 1 ■• •41 0 ..- 0 -3 o 1- ,.. a CY w ..: 1 o c LO P a. a. co c Tr CV (13 (‚4 0) u. < 69 0 ,.. F a 8, a co Ti- c o, 69 ea a) 0. <7 C 2" 0 , g . ft 0 40 0 ^ a .c 0 • Z -iii 0 0 .2 : 1 o o .. : • Z a a) c a) o . 0 01 as . . • • 0 *)7) o :: :: o (i) c 2 o - 2 'l a) 111 Z N c o G T E a 0) z , n < < m 'c 0 0 E i 70- t :-. I .:•::. Z o 2. Ei, C 0 41) - 0 2 0 8 cli >88 0 O . E — • r7 - a 0 0) - 8 0 0 CL CU ..- 0 ''ii S .3 0 CQ c a 0 c .4 • - o 4- .t • - 0 (/) 0_ 0 .. = - 6 a -- 0 T i. O. ,•::::: CO "E -0 .-. c a_ as .12 1.- (n w c u E 8 n il a) E (9 ,... (0 * "7 7 •-• C0 2 1 ::: C a) 0 o) c .c 07 c co t E 8 co — O 2 (0 to g E (/) co a) 0 E o 0 0 • - C 11.1 - 7-, C 0 .'"' ..^. C.) C CL ° 2 z , Itt 4' CO a ' 0 S .' . . F i 8 . CL 0_ < 0 W w 7 2 < w 2 6 ii: d m , 0 : . n . 9 0 p � z = z 6 z ix z m -1 0 tt — m rc 0 le - CV CI , C) (0 r--- 0 co F_ .1 < in c, X u) (1) F < 0 < 0 -1 *IC i- F a .4 1- _ < _ _ gs,A, Professional Services Agreement with R &M Consultants Inc. for Coastal Marine Engineering and Related Technical Services CHANGE ORDER No. 1 This change ORDER No. 1 and Notice to Proceed is pursuant to Section 26 of the Professional Services Agreement entered into August 11, 2011 between the City of Seward, Alaska and R &M Consultants, Inc. This Change Order is effective March 11, 2013. R &M Consultants, Inc. are hereby directed to amend the Scope of Work defined tin the Professional Services Agreement — Section 4 — to include the Geotechnical Field Work, Geotechnical Reporting, Dredge Material Sampling, and Permitting services for the SMIC Expansion project, as further described in the attached Exhibit A: "Price per Task Summary". The contract price is hereby increased in an amount not to exceed $505,503, to be paid in accordance with the original contract provisions. All other provisions of the Professional Services Agreement remain in full force and defect. Dated this of March 2011 APPROVED BY: City of Seward R &M Consultants Inc. By: Jim Hunt By: Title: City Manager Title: Date: Date: ATTEST: Johanna Kinney, CMC City Clerk ��f Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR $217,292 WITH R &M CONSULTANTS INC FOR MARINE COASTAL ENGINEERING SERVICES FOR THE SEWARD MARINE INDUSTRIAL CENTER AND APPROPRIATING FUNDS WHEREAS, the City of Seward received a grant from the State of Alaska to fund a marine coastal engineering study at the Seward Marine Industrial Center (SMIC) for the purpose of studying the feasibility of moving the Coastal Villages fishing fleet to Seward; and WHEREAS, the City of Seward released a Request for Proposal (RFP) for coastal marine engineering services; and WHEREAS, two proposals were received by the City of Seward in response to the RFP; and WHEREAS, R &M Consultants Inc was the highest scoring proposer to the RFP for a cost of $217,292. L 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 R &M Consultants Inc for coastal marine engineering services for $217,292 in substantially the form presented at this meeting. Section 2. Funding in the amount of $217,292 is hereby appropriated from state grant revenue account number 278- 2780 - 4680 -0200 to contracted services account 278 - 2780 -5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29" d day of August 2011. F CITY OF SEWARD, ALASKA RESOLUTION 2011 -068 J THE CITY OF SEWARD, ALASKA > )2('‘ ean Bardarson, Vice Mayor AYES: Valdatta, Smith, Keil, Shafer, Casagranda, Bardarson NOES: None ABSENT: Dunham ABSTAIN: None ATTEST: ", ' 4 , renda Ballo Deputy City Clerk (City Se J ( y al) � of SEyy ■ c r .•' APO '•• / 4 r / \ -0- Q • II g . SE AL I • O i M • Z — Is %po 0 1: 1 4 7..r ••y OF A �.� ...1 ai Council Agenda Statement Meeting Date: August 29, 2011 o f se Through: Phillip Oates, City Manager From: Michelle Weston, Assistant City Manager itASwP Agenda Item: Appropriation of $217,292 for a contract with R &M Consultants Inc. for coastal marine engineering services for the Seward Marine Industrial Center. BACKGROUND & JUSTIFICATION: The City of Seward received funding from the State of Alaska to study the economic and engineering feasibility of moving the Coastal Villages fishing fleet to the Seward Marine Industrial Center (SMIC). The City released a request for proposals for coastal marine engineering services on July 26, 2011. The City received two proposals for the RFP from two Anchorage firms, R &M Consultants Inc. and PND Engineers, Inc. R &M Consultants, Inc. was deemed the highest scoring responsive proposer at a cost of $217,292. INTENT: To authorize the City Manager to enter into a contract with R &M Consultants Inc. for coastal marine engineering services at the Seward Marine Industrial Center and to appropriate $217,292. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: The City of Seward has received $400,000 from the State of Alaska for this project, with no required match. These project costs will be charged to account 278 - 2780 -5390 in the amount of $217,292. \\ Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: Recommend approval of Resolution 2011 - °6 'g appropriating $217,292 and authorizing the City Manager to enter into a contract with R &M Consultants Inc. to provide coastal marine engineering services at the Seward Marine Industrial Center. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH R & M STEEL CO. OF CALDWELL, ID FOR THE PURCHASE AND SHIPMENT OF A STEEL BUILDING KIT FOR A TOTAL AMOUNT NOT TO EXCEED $196,232 TO WAIVE THE NORMAL BID PROCUREMENT PROCEDURES, AND APPROPRIATING FUNDS WHEREAS, Council approved Resolution 2007 -085 which authorized the City Manager to pursue funding for two electric generators and associated components and design/build proposals for Fort Raymond generator building and a warehouse with office space; and WHEREAS, the Council approved Resolution 2012 -028 accepting a grant from Alaska Energy Authority to upgrade and update generation facilities at Fort Raymond Generation Plant for $3,960,000 and appropriating funds; and WHEREAS, a line item in that grant specifies that $1,400,000 of the grant is to be used to build an office /warehouse; and WHEREAS, the Electric Department has solicited quotes from five suppliers of Steel Building Kits, finding four of them responsive; and WHEREAS, the four responsive suppliers were R &M Steel Company, ($159,029), Premier Building Systems ($284,200), ASRC Builders ($257,270) and Arctic Fox Steel Buildings ($344,100); and WHEREAS, there exists a critical time element in the purchase of the Steel Building Kit, since the stamped engineered drawings required for further aspects of the project are not available until after the purchase of the Steel Building Kit; and WHEREAS, there exists a critical time element in that steel is a highly volatile commodity and the quote for this building is limited to 30 days; and WHEREAS, there exists a critical time element in that if the building is not under roof before the snow flies next fall, significant deterioration of the building materials can be expected over the coming winter; and WHEREAS, city code Title 6.10.310.A states, "a department head may recommend an alternative procurement procedure to the city manager if such procedure will best serve the needs of a 1 CITY OF SEWARD, ALASKA RESOLUTION 2013 -018 the city and accomplish the objectives of this title." It is permissible to waive the sealed bid process, if it is found to be in the public interest; and WHEREAS, the Electric Department having found that R & M Steel Company of Caldwell Idaho to have the least cost quotation, R &M was asked to quote on the final configuration of the warehouse (arrived at following detailed discussions with the Fire Department and the Building Department); that quote being $150,414; and WHEREAS, Northland Services, usual and customary shipper for R &M Steel Company, has quoted $27,979 to ship the Building Kit from Seattle, WA to the jobsite in Seward; and WHEREAS, prudent project management practices suggest that a contingency fund, set aside to cover unexpected expenses, be equal to at least 10% of the total or, in this case, $17,393. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the best interest of the public to purchase the Steel Building Kit, waiving the sealed bid process per SCC Title 6.10.310.A for the following reasons: 1) To permit timely acquisition of foundation and structural drawings and calculations. 2) To prevent the expiration and likely increase of the quoted price for the steel building kit. 3) To ensure that the building is available for erection before the end of construction season. Section 2. The City Manager is authorized to enter into an agreement with R & M Steel Company of Caldwell, ID for the purchase and shipment of a Steel Building Kit for a total amount not to exceed $150,414 from account 505 -5052 -5930. Section 3. The City Manager is authorized to enter into an agreement with Northland Services for the shipment of said Steel Building Kit for a total amount not to exceed $27,979 from account 505 -5052 -5930. The shipping will be Freight On Board Seward, Alaska and delivered to the job site. Section 4. The City Manager is authorized to draw additional funds as needed to cover contingencies, in the amount not to exceed $17,839 from account 505 -5052 -5930. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 day of March, 2013. �b CITY OF SEWARD, ALASKA RESOLUTION 2013 -018 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: AB STAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 2\ Agenda Statement e 4OF sett, Meeting Date: March 11, 2013 440 Through: City Manager, Jim Hunt \" q�A KP From: Electric Department Manager, John Foutz Agenda Item: To authorize the City Manager to enter into an agreement with R & M Steel Company of Caldwell, ID for the purchase (FOB Seward, AK), of a steel building kit for a total amount not to exceed $196,232 from account 505 -5052 -5930. BACKGROUND & JUSTIFICATION: After the August 13, 2007 work session, the City Council gave direction to the administration to begin working to replace two generators, and to construct a building to house the generators and a warehouse with office space at the Fort Raymond site. On August 27, 2007, Council approved Resolution 2007 -085 which authorized the City Manager to pursue funding for two electric generators and associated components and design/build proposals for Fort Raymond generator building and a warehouse with office space. This project has been divided into two phases, with the generation building being Phase 1 and the warehouse as Phase II. Phase I is ongoing at this time. The current resolution relates to Phase II. Resolution 2012 -028 accepted a $3,960,000 grant from Alaska Energy Authority for the purpose of completing Phase I and beginning Phase II. A line item of that grant dictates that $1,400,000 of that grant will be spent on the Warehouse. The Electric Department, acting on instructions from Council, has designed a warehouse which provides protection for our materials and sensitive equipment, as well as providing for the IBEW Contract mandated drying room and for crew space for safety meetings and general "turn- out ". Also available within this space is an area which will allow us to work on the Large Bucket Truck inside. The Large Bucket Truck cannot be adequately serviced at the City Shop due to size limitations on that space. There is no office space for administration or non -union supervision included in this design. As part of the Steel Building Kit package, we will receive stamped engineered drawings of the structural design and of the foundation. We also receive stamped engineering calculations, justifying the structural design. Both of these items are required before we can solicit sealed bids for Civil Contractors to prepare the site and construct the foundation. These drawings are also required in order to apply for a building permit. As a result, the building must be purchased before any further work can be done. City Code Title 6.10.310.A states, "a department head may recommend an alternative procurement procedure to the city manager if such procedure will best serve the needs of the city and accomplish the objectives of this title." We believe that this is just such a situation. Based on this preliminary design, the Electric Department has contacted five reputable suppliers of Steel Building Kits and has solicited budgetary quotes from them. The best price was returned by R & M Steel Company of Caldwell ID. We asked them to re -quote the building with a few T final modifications and their price is $150,414, FOB Seattle. Shipping from Seattle is estimated at $27,979. Allowing a 10% contingency, we are asking Council to authorize commitment of funds from AEA Grant #7910011 in the amount not to exceed $196,232. INTENT: To authorize the City Manager to enter into an agreement with R & M Steel Company of Caldwell, ID for the purchase of a steel building kit for a total amount not to exceed $196,232 from account 505 -5052 -5930, funded in total from AEA Grant #7910011, already accepted. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1.3, 3.7.3.1, 3.7.3.2): X 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: Total amount not to exceed $196,232 from account 505 -5052 -5930, funded in total from AEA Grant #7910011, already accepted. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve resolution 2013 -CU °authorizing the City Manager to enter into an agreement with R & M Steel Company of Caldwell, ID for the purchase and shipping (FOB Seward, AK), of a steel building kit for a total amount not to exceed $196,232 from account 505 -5052 -5930. S3 'MED WIND Mr) ENERGY AUTHORITY ' - 1 . 1 1 C EE 11 WI [P ,, ..:-......._.......„......._____,,, , „ May 30, 2012 1 J MAY 3 1 2012 1 Li-j I j CITY OF S'TIARir c'T‘-' V.' N , ,C ER Jim Hunt, City Manager City Of Seward P.O. Box 167 Seward, AK 99664 Subject: Grant Agreement Number 7910011 Seward Power Plant Integration Amendment 1 Dear Mr. Hunt: Enclosed is a fully signed original of the above subject Amendment for your file. If you have any questions, please do not hesitate to contact Kirk Warren, Project Manager at 771-3072. The Alaska Energy Authority looks forward to our continued relationship on this project. Sincerely, ALASKA NERGY AUTHORITY ----- a--- P/ //;-L---:.i. Karin St. Clair Grants Assistant Enclosure akenergyatuthority.org 813 West Northern Lights Boulevard Anchorage, Alaska 9950 T 907 771 3000 Toll Free (Alaska Only) 888.300.8534 F 907.771.3044 - 6) V IF, MAY 2 e, 201? . iJ _� Alaska Energy Authority ter t AuksKA Grant Agreement ENERGY AUTHORITY Amendment Grant Agreement Number CFDA# Amount of Funds AEA use only 7910011 NA $ 3,960,000 Managed "; Pass -thru •: Project Code(s) PBO No. / Proposal No. Period of Performance: 409037 NP10111 _ From: July 1, 2011 To: December 31, 2014 Project Title Seward Power Plant Integration GRANTEE GRANTOR Name City of Seward Alaska Energy Authority Street/PO Box Street/PO Box P.O. Box 167 813 W. Northern Lights Blvd. City /State /Zip City /State /Zip Seward, AK 99664 Anchorage, AK 99503 Contact Person Contact Person Vernon Wiliet Jr. Kirk Warren, Project Manager Phone Fax Email: Phone Fax Email: 907 - 224 - 4065 907 - 224 - 4038 vwiflet @cityofseward.net 907 - 771 - 3072 907 - 771 - 3044 kwarren @aidea.org AMENDMENT 1 Appendix E #3, replace with the following: 3. Match The Grantee is required to provide $ 237,010 in match for this Project. All other terms and conditions remain unchanged Grantee Authority Project Manager Executi Director or Designee ign.. re ,di opp Date Signature Date S' nature Date -Ar=r 5/1 4 2 ' - � q �1 1 Jim Hunt, Kir W- r-n, S a Fisher -Goad City Manager Projec anager AEA Executive Director Page 1 of 1 02/11. = > �� t '�� R & M STEEL COMPANY �,,, ,,...,�,,�;.�.�, WEB SITE P.O. Box 580 Caldwell, Idaho 83606 WWW.RMSTEEL.COM Phone: 208-454-1800 Fax: 208-454-1801 WWW,AVIATIONBUILDINGSYSTEM.COM Page 1 of 2 pages STEEL BUILDING SYSTEMS QUOTATION (Rev. 11/21/07) QUOTE #: EG- 130225 -4 CH 02 -25 -13 LH SALES CONTACT: CHERYL HADLEY SOLD TO: PROJECT: CITY OF SEWARD - ELECTRIC DEPT WAREHOUSE / MAINTENANCE P.O. BOX 167 SEWARD AK SEWARD AK 99664 CONTACT: VERNON L. WILLET JR PHONE: 907 - 224 -4065 CELL: 907 -362 -3001 FAX: vwillet @cityofseward.net SPECIFICATIONS: DESIGN CODE /LOAD: Customer to Verify Design Code/Loads with Local Building Dept. DIMENSIONS: Design Code: IBC -2009 EXTENSIONS: Width: 80' LOADS: Live (PSF): 20 Width (Lean -To): Length: 160' Snow: Ground: 80 Roof P t : Width (Lean -To): Eave Ht: 20' Collateral Load (PSF): 5 Gable End Left: Roof Pitch: 4:12 Wind Load (MPH): 100 Gable End Right: Bay Space: 20' Crane Load (TONS): PANELS: Roof: Color: GALVALUME Gauge: 24 TS -324 SSR FRAMES: Left End: POST AND BEAM Wall: Color: COLOR Gauge: 26 PBR Right End: POST AND BEAM Trim: Color: COLOR Gauge: 26 Frame Type: TRF Full Ht. Partition: Color: Gauge: Standard "X" Brace: YES GUTTER: SKY LIGHTS: INSULATION: RIDGE VENTILATORS: Side(s): Roof: Roof: R -38 ES Downspouts: Wall: Wall: R -19 WMPVR FRAMED OPENING ONLY: (1) 6' -4" X 7' -2" FRAMED OPENING ONLY: (1) 12' X 14' FRAMED OPENING ONLY: (5) 14' X 14' INCLUDED: DELIVERY OF COMPLETE BUILDING KIT (3) SETS OF STAMPED DRAWINGS, (1) CALCS (EXTRA SETS $) STD. "X" BRACE 29 GA PBR WHITE FULL HEIGHT WALL LINER OPTION: ADD: INSULATION: ROOF: R -38 ES; WALL: R -25 ES (DELETE: INSULATION: ROOF: R -38 ES; WALL: R -19 WMPVR) (NOT IN TOTAL) ADD: $ 3,764.00 OPTION: ADD: STD. FOUNDATION DESIGN (NOT IN TOTAL) ADD: $ 1,150.00 NOTE: PRICE SUBJECT TO MILL INCREASE Pf = 0.7 Ce Ct I Pg Pf = 0.7 (1.0) (1.0) (1.0) (80) MINIMUM 80 PSF UNIFORM LOAD Anchor Bolts and Concrete Design are not included, but may be ordered. F.O.B. TRUCK: SEATTLE, WA PRICING EFFECTIVE FOR 30 DAYS or Nearest Accessible Site FROM DATE OF QUOTE Payment to be made as follows: 1) 20% DOWN IN THE AMOUNT OF $29,100.00 We propose hereby to furnish material 2) 50% DOWN AFTER DWGS RECVD IN THE AMOUNT OF $72,750.00 in accordance with above specifications for the 3) BALANCE DUE BY CASHIER'S CHECK UPON DELIVERY. sum of: $145,500.00 (CUSTOMER RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES, PERMITS AND FEES.) Idaho Sales Tax: ACCEPTANCE FORM (PAGE 2) WILL BE FOUND ON THE TOTAL: $145,500.00 REVERSE SIDE OF YOUR MAILED QUOTATION. 3b & 41 STE:F:I. R & M STEEL COMPANY WEB SITE 741111 WWW RMSTEEL.COM P.O. Box 580 Caldwell, Idaho 83606 WWW AVIATIONBUILDINGSYSTEM.COM /A Phone: 208-454-1800 Fax: 208-454-1801 STEEL BUILDING SYSTEMS Page 2 of 2 pages ACCEPTANCE OF QUOTATION QUOTATION (PAGE I) WILL BE FOUND ON THE REVERSE SIDE OF THIS ACCEPTANCE FORM QUOTE #: EG- 130225 -4 CH 02 -25 -13 LH SALES CONTACT: CHERYL HADLEY SOLD TO: PROJECT CITY OF SEWARD - ELECTRIC DEPT WAREHOUSE ( MAINTENANCE P.O. BOX 167 SEWARD AK SEWARD AK 99664 CONTACT: VERNON L. WILLET JR PHONE: 907 - 224 - 4065 CELL: 907- 362 -3001 FAX: vwilletna,citvofseward.net Please enclose a drawing showing locations of framed openings, any special requirements and a map to job site or order cannot be processed. F.O.B. TRUCK: SEATTLE, WA PRICING EFFECTIVE FOR 30 DAYS or Nearest Accessible Site FROM DATE OF QUOTE 1) 20% DOWN IN THE AMOUNT OF $29,100.0(1 2) 50% DOWN AFTER DWGS RECVD IN THE AMOUNT OF $72,750.00 3) BALANCE DUE BY CASHIER'S CHECK UPON DELIVERY. We propose hereby to furnish material in accordance with above specifications for the CUSTOMER RESPONSIBLE FOR ALL FEDERAL, STATE sum of: $145,500.00 AND LOCAL TAXES, PERMITS AND FEES. Idaho Sales Tax: All material is guaranteed to be as specified. All work to be completed in a workman -like manner according to standard practices. Any alteration or deviation TOTAL: $145,500.00 from above specifications will be executed only upon written Change Order and will become an extra charge over and above the Quotation. All agreements contigent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Authorized R & M Steel Co. Signature Insurance. ATTORNEY'S FEES: If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. GOVERNING LAW: This agreement will be governed by and construed in accordance with the laws of the State of Idaho. The jurisdiction and venue of any court action will be in the County of Canyon, State of Idaho, or such other forum as R & M Steel Company may select. ACCEPTANCE OF QUOTATION: Date of Acceptance: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Payment will be made as outlined above. Signature: Building w/ 12' eave height Supplier Prop 1 Prop 2 Shipping Foundation TOTAL R & M Steel No Quote $130,000 $27,979 $1,050 $159,029 Premier Building Systems $175,400 $199,400 $84,000 $800 $284,200 ASRC Builders (Butler) $236,830 $250,470 FOB Job $6,800 $257,270 Arctic Fox Steel Buildings $273,700 $334,100 FOB Job $10,000 $344,100 Armstrong Steel Buildings No Quote No Quote R & M Steel (20' eave height.) Shipping Found. R25 Walls Bldg (20' Eaves) TOTAL 10% Contingency $27,979 $1,150 $3,764 $145,500 $196,232 W/o Shipping $150,414 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007 -085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURSUE FUNDING FOR TWO ELECTRIC GENERATORS AND ASSOCIATED COMPONENTS AND DESIGN /BUILD PROPOSALS FOR FORT RAYMOND GENERATOR BUILDING AND A WAREHOUSE WITH OFFICE SPACE WHEREAS, as a direct result of damage to the manufacturing plants caused by Hurricane Katrina, the manufacturer of replacement parts for the ALCO generators are no longer providing parts, resulting in two of the City's ALCO generators needing to be replaced immediately, or risk the loss of consistent energy for the community when a generator fails; and WHEREAS, constructing a building to house the replacement generators is the best permanent solution and allows for improved generator control systems, as well as maximizes the useful life of the generators; and WHEREAS, the Electric Department has been sharing numerous buildings around the City for material and equipment storage and the current arrangements are no longer adequate to meet the needs of the department; and . WHEREAS, the construction of a combined generator facility and a warehouse with office space would result in long -term cost savings to the City and would improve efficiencies in the department; and WHEREAS, the property located on Lot 6A -1, Fort Raymond Subdivision, Replat No. 2, which is also the location of the City's emergency generators, is owned by the City and is zoned institutional; and WHEREAS, this location has easy access for customers and is close to our new areas of development and would provide for increased security of the City's generation and distribution facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City administration is authorized to pursue acquisition of two replacement generators, and to pursue a design/build process, including associated facility plans, for the construction of new facilities for the Electric Department on Lot 5A -1, Fort Raymond Subdivision, Replat No.2. 3c) CITY OF SEWARD, ALASKA RESOLUTION 2007 -085 Section 2. The City Administration is authorized to pursue any and all funding sources. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of August, 2007. THE CITY OF SEWARD, ALASKA /- Vanta Shafer, Mayor AYES: Dunham, Valdatta, Schafer, Bardarson, Thomas, Amberg, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: L ti� ,c'� Jean ; ewis, CMQ, City Clerk osslZi st% ° �`' 1 OF S 1,4" , S (City Seal) "2 © ; �1 ; . d : h V. • (4,\ ...,. (3\ .i." X10 Council Agenda Statement Meeting Date: August 27, 2007 joF sF►y9 Through: Phillip Oates, City Manager �'•� P From: Tim Barnum, Electric Utility Manager 4 =5K Agenda Item: Authorizing the City Manager to pursue funding and design/build proposals for Fort Raymond generator building, two generators and a warehouse with office space BACKGROUND & JUSTIFICATION: After the August 13 work session, direction was given to begin working towards replacing 2 generators, a building to house the generators and a warehouse with office space at the Fort Raymond site. The Electric Department is proposing the following approach to achieve completion of this direction: ➢ Purchase two generators ➢ RFP for design/build of a generator building and warehouse. ➢ Evaluate proposals based on specific criteria (design, cost, time to construct, ability to phase construction, etc.). ➢ Secure funding ➢ Begin Phase I construction (Generator building and installation of generators and controls) ➢ Begin Phase II construction (Warehouse with office space) This approach is being proposed to reduce engineering cost and improve overall efficiencies of the project. It gives us a total package cost, allowing for efficiencies built into design and construction schedule. Allows for phasing of the project if needed. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The estimated cost to purchase two generators, upgrade electronic controls, and construct a warehouse with office space is $8 million. Approved by Finance Department: y\ RECOMMENDATION: City Council approve Resolution 2007- authorizing the City Manager to pursue funding for two electric generators and design/build proposals for Fort Raymond generator building and a warehouse with office space. L`a Sponsored by: Hunt Postponed from: May 14 2012 CITY OF SEWARD, ALASKA RESOLUTION 2012 -028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT FROM ALASKA ENERGY AUTHORITY TO UPGRADE AND UPDATE GENERATION FACILITIES AT FORT RAYMOND GENERATION PLANT FOR $3,960,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward relies on the backup generation facility in times of emergency; and WHEREAS, an update and reliable backup generation facility is in the best interest of the community; and WHEREAS, Council intends the warehouse proposed in the project be designed as storage, dry room, and limited to union offices; and WHEREAS, pursuant to the HB 108 for outright grant of funds, Alaska Energy Authority #7910011 provides funds to update and upgrade the generation facilities at Fort Raymond to permit a more reliable generation plant; and WHEREAS, the grant was awarded by the State on July 1, 2011; and WHEREAS, these funds are allocated by the State to complete the Fort Raymond Generation Substation Upgrade; and WHEREAS, the funds to accomplish the work is expected to total $4,164,010 of which $3,960,000 is an outright grant through AEA and $204,010 represents work to be accomplished within the operational budget of the Electric Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby authorizes the City Manager to accept AEA Grant #7910011 to upgrade and update generation facilities at Fort Raymond Generation Plant, and accepts grant funds in the amount of $3,960,000 to Standby Generator Plant Grant Revenue Account No. 505 - 5052 -4680 -0200. Section 2. This resolution shall take effect immediately upon its adoption. ir. L-3 CITY OF SEWARD, ALASKA RESOLUTION 2012 -028 J PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 11 day of June, 2012. THE CITY OF SEWARD, ALASKA David Seaward, ayor AYES: Valdatta, Bardarson, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: Keil ABSTAIN: None ATTEST: 4./,',&" Ad, ohanna Kinney, CMC City Clerk (City Seal) so ot son ac t 4 4 4F S • ��PO�r3 % ,te f.. . ° • SEAL • ## ## OF .P► ;a.44 j 1 4 LA Agenda Statement Meeting Date: May 14, 2012 404-441 To: City Council \ 4 145KQ' NIP Through: Jim Hunt, City Manager From: John Foutz, Utility Manager Agenda Item: Accept Alaska Energy Authority grant #7910011 BACKGROUND & JUSTIFICATION: Grant Agreement #7910011 from the State of Alaska through Alaska Energy Authority (AEA) provides funds to update and upgrade the generation facilities at Fort Raymond to permit a more reliable generation plant. Two contracts will be presented to the council, separate from the grant acceptance, allocating the grant funds to the winning bidders for integrating the controls and for the building. The grant was awarded by the State on July 1, 2011, in the amount of $4,000,000.00. AEA has taken 1% ($40,000) as administrative fees. The funds to accomplish the work are expected to total $4,164, 010, of which $3,960,000 is an outright grant from AEA and $204,010 represents work to be accomplished within the operations budget of the Electric Department. INTENT: Council authorize the City Manager to accept AEA Grant #7910011 to upgrade and update the facilities at Fort Raymond Generation Plant. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan : Sections 1, 3. 3.7.3.1 and 3,7.3.2 X 2. Strategic Plan (document source here): X 3, Other (list): X FISCAL NOTE: The grant amount from the State of Alaska is $4,000,000 and Alaska Energy Authority is taking 1% or $40,000 as administration fees. The initial projected cost estimated by Jack Anderson with Dryden & LaRue (A subsidiary of EPS) is $4,197,010 and is divided into design and construction of the generation facility at $1,749,250, engineering and construction of warehouse /administrative facility for $1,400,000, engineering at $314,925, and Contingency at $692,835. The amount over $4,000,000 is expected to be match by the City or Seward. Since the $4,000,000 is granted by the State, then the funds do not impact the city's electric department operating expense. The $197,010, if used, will come from the electric department's reserves. Approved by Finance Department: , .du ATTORNEY REVIEW Yes No X LAS RECOMMENDATION: Council approve Resolution 2012 - D' authorizing the City Manager to accept grant funds by the state through Alaska Energy Authority for the intended use of upgrading and updating the Fort Raymond Generation Facility. LA 1 ""k: '', ''''' , ': '''i':'',.t :;:' , '18:',„:;* 7 :; " :, -; : :','::- ''': ',t;'' ' '' '' , 47 ' '":•; 1 i.. a � sa 4. s „1,-.:..-...,...,,,...,...:....1f..;., 4 P:r ,€ y . 3 :„ fp . .r a x c 0 4 a 4 r�;at§ f p r � a r i4 { „4, `w in .l i 4. • -.- .- - ... �L •KA 1 _ . � lT 4 `� �6 � `�. L b � ,�^° y'v'e C , _ , t1�3 r T . »1x Y ' r co , n t� t :T � 5 T s . .. .... 4 -� 1 ...,,,N.1,.,._.,:.,.,., , 1 r� °n 35 S E � 1 " , . ...... ,...„_...,,,„,,,,,,,„....„..,,,,,,. , ., Sams Z ]• t' CO . - � L M 2 � 2 �F y 'a'k +sjir . , x .r Q °`w :> ,4...y,.. .4,„:14,..-;.,.., . , . _ ,,...e.,.,,1,...., k -,-„,*',,l' , C) ' 1/2:4* -''. • : *::',...4 V : :' 4 s wore #4., - '',)r,f;'—', . to r st, ( p a) sR L IN,: "I r' i ,.. , W { t h' v � I' •• ,, b D e k �{ 4?k . `' Afr V -- m.- -0 .�.% W ,CO O. (D Cl. V O O �� <C o o Q. � h.v E O > Q. z 4..) tr: 0 0 cu $ . 0 — C 3 . . _?, %% (I) too C p 4— — = 2 0 0 ca 22 O 0 a,j 0 -C + a' • L U C Om = = -C Q. CO au a) s �- 6 +-) o i - 4 _,F , 0 2 co 0 0 _c cc 6 o -0 0 0_ N D C 4 7 u U E '" a 0_ 15 5 0) - f : 'Cu E . > ,... V CO .,-' . (a (a • - CC +.I ca c c ' - V L 00 L.. 0 00 O O au et' a� (Ni O bA • - = - 0 0. N = N+ a S U V c (B 0 cu O L r-1 T.: +-I Q N == O p O 4- cn • - i 4- -0 0 N � c N o °'��`a 0 9 V 0 �U 0 3 �- v o > fi .475 — r' v. .- v, V O `5 �O aA " + ' O CU (/) C a) . c c -� c P a) = c auc - �4-( 0 W cc u- (o L= W Q too Q a V • • • • • Lk% CO +-, -0 CU > CU u +-+ u > 4-; a) a) co co o +-, L .c vi a) a N N to L , -Co C = N 0 C h A dJ 0 •— v a ; o E a > o (1, • 3 L - 0 V u c +, 3 (6 _c _c (c am _ O a' `n v) p al O L +-I +-, - (a c6 L birc a) = ( o N Co 3 c 0 O 4A a) O '� u O 4 • u s u s C Q a) +_, E stu v) w a) •a+ ca v) -p N c cn Q CU u) 4A n:' • — . — 0 -1-j0 Cl. (1) 4-) I C" co 0 •- v) 0_ 0 7- — a.., tZA Q CO E � L — a) +., at U a a O oo C ' gin L O • • ••••• • L= > O Q +a Q a) s O `- v) vi u co O - 0 (a O (o (6 L - C O �, Q CU O - 0 Q co O c N 007_--600(0_ L7_ Q _ L (1) a) — CU 4-1 --- 03 > +- ,CU CU 0 0 4- _ o aJ c .+-I }, O -+ cv N 2 N U L CO > U % � L N (3 1E a) � Q 73 c Q u o. - am 3 3 CU 0" C u ( 0 � •— v ) �� G'C p a) N 0. 0 - a) = u • 5 (O t)4) 0 v ' • N X Q Q N • Q Q. c L- Q ..) u CD 6 F Q ii 0.0 Z H O E v7 C (6 u (6 > Ts • • • • • y`\ o tiA tin -o = CU 4A — ) t la) all o " C1) c O i CA CO 4A >-4 sz) N N 0 cn �- C — co c v aJ _c - N L- Q.) • -0 lL U .; , aJ Q) Cl. Q) �� � � a " tr vv cu �� �• -c�0QQ N �o U C = N — co CD CU va) v)v L. -C a) NJ o Q FA 73 CO c +J O+, U - (I, cO O 0 0 4_, i- Z3 i U Q 1 CD co :2 — L , 4-- O U v) ,_ O L- = +., U c 0 0 +-' 4- X +� C N U +=+ O aj L� Uv� U z CU V) -a `U t 5 i ti W V CO . 5 W cu E 03 c � -0 co C v CO W o•3 J a.) _c Q ;..;' O U. 4- 0 ..0 v F"'" aj ajs =o Nn3_ N0 D o > o > 16 L Q 0 '5 Q 4.=� • _ � ; U O 0) v o - c V) = c L 0 0 " M a) 0� m v O V) -: _ aU CO a- -C a- c CO 1 E 03 a) - p i ++ L o L t a1 8 Q. N -C Q O 4 , D N v � O O • U hA LE) N a .4-a N O- a3 , y2 _c .,_, N� c 0 ca N — L CO v� N = ; CO O .— " " • 0-L U> v j O v >-C N v > Q U = W "a Z3 a� -0 tv e- ro 0 v1 a Q Qc Q . Qom Q ^+.� 3 -� I I I I I I r • co = c Q. p (o co `� z aA C -0 L 4) C • O a • c u - QC U � c3 cu O �.O 7-1 ' , a) o " a) iii E n a) cu ° _ 0 ° aU o +� ` c3 w - 0 - " m L C •— a) � coto a >cI3 - 0 . E a) c6 > c = p - ._ c3 = 73 (f) § 73 a co :47) .3 " v) 0 co O CD O = 4A . .' `~ 4-'-'N u p 4A >, , -0 CO O O 4_ ro E , 2 :5_ c = _c) 0 4., +3 ri i CU —.0 • _c i w -E i s ca 1- .— E c o c co ..c Lab .-5_ 1 " 0-CUa ) 73 73 (1)" 3 a l Q+- >-Do Quo mv) . 1 1 • • �' O O • S' 0 Fes- , E ..,,....., 4:4. :-. .-- : c- ,,- Ca . �1.« / r tD ` . } �+ 1 N. 1 0_ ^ ` • r .�, - `5 `� ..t.', Y' v I' O a� , � . / � 1 ( - U : ! „ ti a` 0 v Pam U U "(/). m 4 -, 03 0 r a ? . 1 L L .1 •- (0 -Q ET : AA V/ > L _ L1J x , p � � A�. f, 4.) -C # t.,?a t ai, � (13 N O -- w'o ' c''''.- , - m mm • o - 0 • .. ... 0 C CU i a �. ^' £ U Sr ' x ♦ N >,.. `+- > a) t ` ::. 0 a.., te W _ • CD 03 ' cu .• '.w -, r.... a) a ) +.1 V) t a = i} E L v i N y; ,.,,,. , , . r a) .. • i N = a L N ,� a) + • O O W 0 N (1,0„..:4,0 -•-•-•-”c ; 0 = m Q. 5 S �, v o L U N U (n -0 4- +-+ C ca (n _ N O a) (/1 4-, N ,� L 03 O 'L r � a) cB cu L 4-0 U O O >. o cu • . o ro N E k. N a_0 c N f� . c L N (n -c c) c a) •- 0- O -C = O N ry a) 'B -c U ( 5 `1.- Q- CO c a c 7:3 t ttO ov o O. a, _c o cu C N 4=- cc N O 5 (NI Q -51--' ~ C M •- O -0 a) � 4- c O 12 o o Q cn � �,• v cu p > °� a) _ CD • u v a) � . ,Q CU cr O L_ L 4.J " N U O CO "o U SA ' L �= 4 J O N + -' `'- .0 cu C1) •� a) CD ] • f� +-+ U s2 W �o t).0 • ` � o > E v -a5 + , v -c sc +moo c 'ca 0 W W �� U .L • .� N 3 U L' i-' MO +-. 2 v) 'to u c a) v (n c L 4.4 v m � v• - 0 �� co }, (n > . O co o •� >, Ea) cE - Lc -a au � Yo 0 VI ca (13 `� O = c 4-+ ) -C .j 4A C _ N v o aJ _ ) • v C 4.J On - O- CU . v CD sn a) CO ( 4. a c O U 'O m -D .c v CD >. U c +_+ — -C o a F- V N -c N -c U +J > a) vi ra a) O Q C w 0 C,, ra < Q.) 2 -C g 0 L._ (n ' �- (n — , C > i• v1 C . L CC _c 2 tUON • � � o • - a Lao a) J C 0 -0 N Cr 0 -p C CO ) O O -L_ L1 V) 0 �U �•� O v p • � � N v 0 bA -0 4 = O >' vi v = cv C 4 j ' � - jo C +-, > U Q N .- O v N U L a) v cu 2 -c = 2:' O O aJ c c a) Q o ( � t1A . a) 0- � 5 ' 5 N O L O c- Li' OU P-+ O t s a) aJ O r / • j Q " ( a) 0 N a_ N 1- cr Hate- -+ U Q a) "a (n _ ( > (D I— co O F— = U < ±' I I • • • • • SS I 1..4 1 o f� /C S S o� : ,mo p o —p Q :11.1. I aquaPry'1 - e q Y c P nmmnn o ,OE • ,L 53 .11345 1 } ou d N W CE �y, 2 [7 I; . i g O � > t l , , Z r AZ K ,i 53113 9 `�q in IP Wpil ,_, 116J y a � 180/ � g 00 isz g t S311jHS ° • W 2 N j 7 i d �w I — ‹E La AG 2 a s � t7 W TV t` Q ,OZY ,1 WI 13 I ,OP ,t 3M 3NS I '' ,i 531134$ a o R ,O0 ,7 57013 l ,OG ,7 53213115 I JOP ,1 5341345 • 0 a1Fl .FC 9' rs 90 SHFl4FS 7' v 90' 4141 WS 7' v Ili' R 7 7 e g g SQL. .i 53Rl3Vii 'i_L 471'!38 OLM z �'I L T O , +Z a 'E g 2 1111 o SN �� N� x c, 0 :,..., 0 0 • g a �� o• Z 6 ( ) / 6 o 0 w ° m m n n 1"3 W : 1 o R o op o,q 0 0 0 0 0 0 0 0 0 0 CL F.- R I— I ± 1 M e§ e a 1 i h ! a t_ wal m� o ma p ., I • A 13. O. u. 4 J o ..12 *. '.FJ Z rfVt9V ape COm InOE2 • en c6 1 0 Ei --. ... 4 xxl Cil .6 u ' "si **•••. In 11 CS1 P3 0 **.i ••••■, i lx1 8 P9 CLI 4 4 4 PI 4=1 CI * NI M kt VA 1 :4 N z 0 .9. s=1 r.. En ril A yl C:1 z Ca Np Paw Rdt 0 0 oz 0 o P. Imo Ig lit 4:4 a 4 I ,,,. Hi.m s ... E.4. iliMil Pc/ mi .--g 51. uge.e ..,moim ow V A us R2-1 . c. 0 • .. e I§ fe, p In co cni.4 0 PO P. .14 6j le ' z a mwc g ,Plgi LA, 0-4 n Pi n r4 0 E. E E0 4 19P-kg 2 ..- 1 1;1E9Q . „.._„... .. . ..... „ .. . lorrommorrmmilmrom■ i 9E2'" w p El 6 tf3 _ _ . _ •-,, • It 0 r 4 0 1 c4-q4 u 0 E. ___.. _ mai .z ci%n o 04 - 4 n 2 2 Og P l Et ____ ,---- 0 Eril L_____ IP _,__,_ il AA 5 rr,..i. r...mpl .. ,....., --..........-1.— , .. - -:.3.............- ..........4.11.-; . 3 p -- , 1 I 1 MM= fl fl ! f I =1 . . , L 1 4.1 rtli ___. ......... '. C6 .1 Es, r==1111=31 1=1 I 0 P. ' SU F• : .., - ' ' , . . . SM:=111111M=11115=7=X Lb •-:- e=-■ 0 r:4 41. :-... Z ; _______ ._., _ V rag==.11=".-" HI 1 0_1 w 11.111•■ MIMINNI■ a MD ...e. r , I : , 1 ft_ tu 1 --- ‘ Z N N c-440 4 kr. (1.) f implim -milk ellliti... , '.7 ": ___ ill . -..- Z il lib, -1-) .,._ -- e g C P.4 ell • 4.1 ,Iz/ , - 1---- r.:1 • .... /07 C—) U ''' i f`. \ .‘ 1-1 ', - id \ -, N. . • g .•)) .., I ,', ( 0 c .„, N„ •,,. ''",„ (:::4 H 4 . 1 CD • 4 L.) 0 i , . ,,\\\\\\\\, "NN \\„,----' E w Ls 0 . c ., DO ''4 r4 N 4 1. 4fi ., \,1 , . ,..,... ---...., ,--....„, ... ,_ . .:, ....... -..... ..,,,....„,„.. ,. ‘-J ,,. ,•,,,,, I E„ .,,-, ,.f.,..•,, n;. -- 7 , ,, ...T/ f , c ' t a F., 1 1 ) , , :, , , , -.i :, ''' •-•r.k. ... , ---- v--"---- - '1 N., ' `77"- , “11/11.11EINNISOM ""'"..'•,- ' t '1 6' P" '''''''. ( `..., 1 '... ■ .'" ' . # p _ :1,.f City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page CALL TO ORDER The January 28, 2013 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 Bob Valdatta Ristine Casagranda Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — None CITIZEN COMMENTS Wolfgang Kurtz announced that KIBH FM Community Advisory Board would start broadcasting in Seward late this spring. They were having a community meeting on February 7, 2013 at 7:00 p.m. The public was invited to attend. Deb Bond spoke about the Student Exchange Program with Obihiro, Japan. She was the Sister City Coordinator for the program. Bond had been involved in the program since 1972, first as an applicant and most recently as the city' s coordinator. She thanked council for their support of the program for the past 40 years. Bond thought that airfare rates had become so expensive that it was putting the program at risk. The cost for a 9 -10 day stay was beginning to outweigh the benefit and experience. She asked council to consider matching student fund raising efforts or covering half the airfare. Tim McDonald wanted to speak of SMIC because it was a complex project. He thought council should study the entire Resurrection Bay and not just the SMIC site alone. He was concerned that the current plans for SMIC development would result in a small boutique boat harbor. City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page Wendy Focose from Representative Mike Chenault's office introduced herself to the public and council. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (TerryBardarson) Approval of Agenda and Consent Agenda Resolutions 2013 -007 and 2013 -008 were moved from the regular agenda to the consent agenda. A new agenda item, discuss the city's top three federal priorities as discussed at the January 21, 2013 Work Session, was added under Other New Business Items. Terry disclosed that her husband works for GCI, one of the companies involved with the consent to assignment to the lease agreement for Resolution 2013 -007, but neither of them received any financial compensation due to the approval of this resolution. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2013 -007, Authorizing The City Manager To Enter Into A Consent To Assignment To Alaska Wireless Network, LLC To The Lease Agreement 94 -092 With ACS Wireless, Inc., As Successor In Interest To Mactel Cellular System For A Portion Of U.S.S. 4828, Within Section 12, TIS, R1W, Seward Meridian, Seward Recording District, Third Judicial District, State Of Alaska. Resolution 2013 -008, Supporting Legislative Efforts To Construct A Natural Gas Pipeline From The North Slope To South - Central Alaska. There was no objection to the liquor license renewals for American Legion Post #5 and Gene's Place. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards The Adelmann Appreciation Award was presented to Tessa Adelmann. A proclamation was read for Parks and Recreation Sponsor Appreciation. Chamber of Commerce Report, Cindy Clock handed out the new economic development relocation packets. The Silver Salmon Derby Fish Restoration Committee recently hosted Dan Bosch, where it was noted private anglers brought in more fish than charters. She thanked Skip City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page Reierson for his work at the State of Alaska Chamber of Commerce. The new safety rule for Mount Marathon in place this year was a time limit on senior and junior racers reaching their mid -race turn around point. The Fourth of July celebration would be held on Wednesday and Thursday, July 3 and 4, 2013 this year. The chamber would be taking part in "Lemonade Day" which was designed to engage children and foster an entrepreneurial spirit. Clock would be attending a Kenai Peninsula Economic Development District meeting later this week. The chamber and the city were partnering a booth together for the upcoming Anchors Away Boat Show. Clock submitted a tentative chamber budget to council. City Manager's Report, Jim Hunt stated there had been no purchase orders approved by the City Manager for between $10,000 and $50,000 since the last council meeting. Administration met with AIDEA on January 22, 2013 and discussed predevelopment agreement for the SMIC project, and task and cost schedule for AIDEA involvement in same as part of bond package plan to State. In the Harbor, the seawall built at the south side of SMIC was preventing erosion from the winter storm surge, but the area around the North Dock Ramp was eroding the inside of the sheet pile cell. Harbor staff placed barriers to secure the site. After the normal process of trying to contact people by letter and phone, 13 vessel owners had been formally notified that their moorage slips were scheduled for involuntary relinquishment, in accordance with City Code. Four Seasons Boatyard reported they would be closing effective July 31, 2013 and owners of the 86 vessels in this yard had been notified. Metco expected to start the demolition of the old Coast Guard building on January 29, 2013. In the Fire Department, the contractor had completed the demolition and hazard abatement for the station' s renovation project and was installing new piping and electrical boxes. The department's new engine had its final inspection last week by the Fire Chief and Mike McHone. They were impressed with it and had the manufacturer add a few things without any cost to the City. The staff of the library museum would like to thank everyone who attended the dedication ceremonies and opening, which was almost 500 people. Parks and Recreation Departments continued with snow and ice removal, picnic table refurbishing's, Kids Carnivals, dances, TYC Teen Time, basketball and volleyball winter leagues, rock wall climbing, archery, rollerskating and Urbach's Youth Basketball League. In the Electric Department, the Alaska Railbelt Cooperative Transmission and Electric Company (ARCTEC) now had a website at http: / /arctec.coop /. John Foutz and Willard Dunham continued to represent the City of Seward on the ARCTEC board, but now the public could monitor the progress and direction of the organization. Foutz and Dunham attended several telephonic meetings recently to discuss legislative strategy. The Electric Department contracted with EPS to do some maintenance on the Fort Raymond transformers last year and they were being scheduled for this summer to continue additional maintenance and testing. The department was almost finished with a preliminary design for the warehouse which would be included in the next City Manager's Report. The Electric Department was planning to continue system upgrades and replacements to Camelot Subdivision this construction season. Hunt noted the positive comments he received about Council Member Casagranda's presentation in Homer at the Kenai Peninsula Economic Development District's Economic Outlook City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page Forum January 31 and February 1, 2013. He added he and Assistant City Manager Long would be in Juneau February 12 -13, 2013 to meet with legislators regarding the SMIC Expansion Project. Mayoral Report, David Seaward thanked everyone for attending. Other Reports, Announcements and Presentations Joyanna Geisler and Melinda Maddox from the Independent Living Center (ILC) presented an overview of the ILC's L.E.A.D. (Leadership, Empowerment, Advocacy, and Development) Program. An Incorporation Centennial Ad Hoc Committee Final Report was submitted by Chair Beverly Dunham and presented by fellow committee member Cindy Clock. PUBLIC HEARINGS Ordinance 2013 -001, Amending Portions Of Seward City Code §15.10.215 Parking. Assistant City Manager Ron Long said one item deleted was separate parking for marine charter businesses. These changes impacted new developments and new permits only and did not apply to any currently existing parking. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tim McDonald said he wanted council to consider that many Alaskans drove full -size pick- up trucks. The public hearing was closed. Motion (Bardarson /Shafer) Enact Ordinance 2013 -001 Valdatta was concerned that off - street parking was limited to no longer than 72 hours. Motion Passed Unanimous NEW BUSINESS Other New Business Council scheduled a work session on Wednesday, February 27, 2013 at 6:00 p.m. to discuss the adoption of the 2012 International Codes. City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page Council scheduled a joint work session on Monday, February 11, 2013 at 5:00 p.m. to review 2013 annual priorities with the City's Boards and Commissions. Council discussed a community fluoridation compromise. Casagranda suggested forming a committee that included professionals to determine the most cost - effective approaches to a compromise. No committee was formed at this time, and it was decided that discussions would continue to find the best solution for the community. Council discussed Representative Tammie Wilson's request for support on House Bill 35. Council directed administration to write a letter of support. Council discussed the status of the 2013 Student Exchange Program with Obihiro, Japan. Bardarson wondered if the Seward International Friendship Association (SIFA) could apply for a grant from the Seward Community Foundation. The Alaska Community Foundation had a potential endowment program that the city or past participants could contribute to. Valdatta suggested contacting the American Legion to see if they could help. By unanimous consent, council suspended the rules and asked SIFA president Jim Herbert to speak. Herbert noted the cost of airfare was particularly high, and high school students wanted to work during the summer to earn money for college and spending money. It seemed many other things competed for high school students' attention these days. Keil suggested sending an alumni delegation to Obihiro if there was no interest by students. Shafer suggested council make a one -time donation for this year's travel, and establish a regular program, as this was the 40 anniversary of the exchange. Terry suggested council approve $1,000 per student for a maximum of two students to be taken from the council's contingency account. Council directed the City Clerk to bring forward a resolution approving this action. Council discussed the city's top three Federal legislative priorities. Motion (Terry/Keil) Accept the city's top three Federal legislative priorities. Because this language was not included in the packet for the public, City Clerk Johanna Kinney read the priorities into the record: Priority #1. From Section 1 -A: Appropriations and Grants, #4: "$17.9 million for extending the Seward Marine Industrial Center (SMIC) basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings." Priority #2. From Section 1 -B: Authorizations and Beneficial Legislation, #2: "Authorization language amending the Water Resources Development Act of 2007 (Public Law 110- 114, 121 STAT. 1205) as follows: 60 City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page a. Amending Section 5032 (1) by striking "Tunnel" from the title; (2) by striking "Long- Term" from subsection (a); (3) by striking "Long- Term" from subsection (a)(1); (4) by striking "Long- Term" from subsection (a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost - benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project." Priority #3. From Section 1 -B: Authorizations and Beneficial Legislation, #1: "Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 Of the Seward Harbor Expansion Project (additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers)." Motion Passed Unanimous Consent Going forward, Long noted council could expect to rank the entire federal priority list. Council directed administration to bring forward a resolution at the February 11, 2013 meeting formally approving the top three Federal legislative priorities. COUNCIL COMMENTS Keil congratulated Tessa Adelmann on her award. Casagranda said on Monday evenings Tom Tougas was providing free business classes at the library. The Young Entrepreneurs of Seward (YES) group was welcoming new businesses to join. She said the public could contact the Chamber of Commerce for more information. Casagranda announced she would be attending the KPEDD Economic Outlook Forum meeting this week with Ron Long and Cindy Clock in Homer. Terry thanked the Independent Living Center (ILC) for coming tonight. She thanked the Planning and Zoning Commission for the parking ordinance council enacted tonight. Terry attended the Seward Prevention Coalition community meeting, which had 100 people in attendance. She congratulated Tessa Adelmann and welcomed Wendy Focose to Seward. Seaward also welcomed Focose from Representative Chenault's office. CITIZEN COMMENTS (C1 City of Seward, Alaska City Council Minutes January 28, 2013 Volume 39, Page Tim McDonald said the funds used for any harbor development would be coming from the State of Alaska, and therefore he felt morally obligated to provide the very best possible harbor for the citizens. He encouraged a full study be completed for the whole bay to ensure that the biggest picture was being considered. He cautioned the city in pursuing a boutique harbor for a single customer. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Valdatta said there were studies that had been conducted for harbor development. Long said the SMIC development was not a boutique harbor development project and there was a multiple -use plan being considered. Long hoped that the SMIC harbor would, in fact, lead to additional private development. EXECUTIVE SESSION Motion (Bardarson /Shafer) Go into Executive Session to discuss the City Manager's Evaluation. Motion Passed Unanimous Consent Council went into Executive Session at 8:58 p.m. Council came out of Executive Session at 9:53 p.m. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) City of Seward, Alaska City Council Special Meeting Minutes January 28, 2013 Volume 39 Page CALL TO ORDER The January 28, 2013 special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor David Seaward. OPENING CEREMONY Council Member Valdatta led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Marianna Keil Vanta Shafer Jean Bardarson Christy Terry 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 CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Bardarson/Keil) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Resolution 2013 -009, Authorizing $50,661 For A Contract With Dependable Janitor & Gardener For Janitorial Services For The Seward Community Library/Museum Contract, And Appropriating Funds. Motion (Terry /Keil) Approve Resolution 2013 -009 Assistant City Manager Ron Long said there were two proposals received in response to the Request For Proposals for these services. City of Seward, Alaska City Council Special Meeting Minutes January 28, 2013 Volume 39 Page Terry declared that she did not have a conflict of interest, but this business had listed her as a reference because they performed the cleaning services at the Alaska Railroad Terminal where Terry worked. Valdatta thought the services outlined in the contract were more than were necessary, particularly with lessened use of the facility throughout the wintertime. Long said the services would be adjusted over time as they experienced different uses and activities in the facility. Terry wanted to see deposits for events proportionate with actual clean-up costs. She suggested that the library staff be trained to enable them to "clean between cleanings" in order to maintain public health standards. In response to Seaward, Long stated the staff was already stretched too thin to incorporate existing staff into this cleaning responsibility. Long added that administration had considered adding a new staff member, but they determined it would have to be full -time, but the cost of PERS at 22% and health care insurance at 18% outweighed the cost of outsourcing. In response to Valdatta, Long said the business was available to respond to emergencies at anytime. Motion Passed Unanimous COUNCIL COMMENTS - None CITIZEN COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 6:50 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) (c,L\ City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page CALL TO ORDER The February 11, 2013 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 Christy Terry Vanta Shafer Bob Valdatta Ristine Casagranda Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nanci Richey, Administrative Assistant Absent — Jean Bardarson CITIZEN COMMENTS Cindy Clock requested council schedule a work session before the next regular next meeting so Lazlo Kozman from Strategy -Nets and Christi Bell from the University of Alaska Center for Economic Development could present the Seward Economic Development Plan, as well as a ten - minute presentation during the regular meeting. Dot Bardarson noted the proposal for the Obihiro mural on the agenda tonight for council to discuss. The mural society was in favor of this project and was available to answer any questions if the council had any. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry /Shafer) Approval of Agenda and Consent Agenda Terry requested Resolution 2013 -012 be pulled from the consent agenda. Seaward requested Resolution 2013 -013 be pulled from the consent agenda. City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page Terry requested council add item 7B6 to the consent agenda, "Schedule a work session at 5:30 p.m. on February 25, 2013 and schedule a ten - minute presentation to the February 25, 2013 regular meeting agenda to review the Seward Economic Growth Plan with Lazlo Kozman of Strategy- Nets." Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2013 -010, Supporting The 40 Anniversary Of The Sister City Student Exchange Program With Obihiro, Japan By Allocating A Travel Expense Stipend Of $1,000 Each For Up To Two Students In 2013, And Appropriating Funds. Resolution 2013 -011, Retroactively Amending The 2012 Budget To Record Expenditures Of $625,512 Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability. The January 14, 2013 City Council Regular Meeting Minutes Were Approved. There was no objection to the liquor license renewal for Oriental Garden. Council scheduled a work session at 5:30 p.m. on February 25, 2013 and a ten - minute presentation to the February 25, 2013 regular meeting agenda to review the Seward Economic Growth Plan with Lazlo Kozman of Strategy -Nets. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards A proclamation was read supporting the "One Million Rising" effort to end violence against women. Borough Assembly Report, Sue McClure stated the Assembly was looking at changing the version of Mason's Rules of Order to adopt the newest version. The Assembly also changed the meeting times from 7:00 p.m. to 6:00 p.m. They passed Ordinance 2012 -19 -42 which authorized approximately $3.3 million for professional design of a new Central Peninsula Hospital Medical Office Building. City Manager's Report, Jim Hunt had been no purchase orders approved by the City Manager for between $10,000 and $50,000 since the last council meeting. The City Clerk's Office was seeking up to four Seward high school students to participate in a student exchange this summer with Sister City of Obihiro, Japan. Administration was partnering with KPEDD to host an after - hours reception in Juneau for legislators and staff on February 27, 2013 to highlight the SMIC /CVRF project. All costs were being paid through local and regional business contributions. The Port and Commerce Advisory Board would join with the Alaska Gasline Development Corporation to host a City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page public work session at the Seward Community Library Museum on February 26, 2013. This forum would begin a local public discussion on what the instate gas pipeline could mean for the region and for Seward. The Harbormaster, Deputy Harbormaster and PACAB Chair attended the Anchors Aweigh boat show in Anchorage last week. The Coast Guard Building was demolished. The Seward Volunteer Fire Department was celebrating service to the community with its annual banquet at Chinooks on February 23, 2013 and council was cordially invited. The Regulatory Commission of Alaska (RCA) approved Chugach Electric Association's requests for interim and refundable rate increases to base energy and demand charges effective February 6, 2013. The increase was 32.4% for Seward Electrical Systems. The City of Seward administration estimated that the average impact to Seward's residential customers would be an increase in their utility bill of approximately $1.40 per month. In addition to these interim rate increases, Chugach was also requesting approval of permanent rate increases (which had not been approved) to base energy and demand charges, as follows: 71.4% and 17.2% for Seward Electric System. The RCA did not approve the permanent rates at this time, allowing time for Chugach to make their case in upcoming hearings. In the Parks and Recreation Department, staff continued researching new restroom options, snow removal, organizing the annual Polar Bear Festival Kid's Carnival, After School Program and Day Camps, First Friday Fun, and Teen Time. Sports and Recreation was prepping to move out of AVTEC back office area by March 1, 2013. Adult volleyball and basketball leagues were happening as well as women's hoops, rock wall climbing, archery, roller skating, and Urbach's Youth Basketball League. Mayoral Report, David Seaward thanked council for supporting HB 35. If passed, it would create a low interest home loan program to enable homeowners to replace home heating systems, much like the weatherization plan. He also complimented Casagranda on her presentation in Homer. Seaward encouraged the public to apply for the vacancies on the city's boards and commissions. Mayor Navarre would be in Seward on February 13, 2013 to visit with the public. Shafer clarified Planning and Zoning applicants were required to be city residents. Other Reports, Announcements and Presentations A Kenai Peninsula Economic Development District's (KPEDD) 2013 Industry Outlook Forum Travel Report was given by Council Member Ristine Casagranda. Council directed administration to bring forward a resolution to recommend the EPA exempt shippers transiting Alaska and adjacent Federal waters from the Emissions Control Area requirements to burn ultra -low sulfur diesel while in the regulatory zone, which was less than 200 miles from shore. NEW BUSINESS Resolution 2013 -012, Prioritizing The City Of Seward's Calendar Year 2013 Federal City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page Legislative Priorities. Motion (Terry /Keil) Approve Resolution 2013 -012 Long stated this was initially in response to Senator Murkowski's request for the top three ranking of the City of Seward' s federal priorities, and now Senator Begich was asking for the entire federal priority list to be ranked. Priority #1 would be classed as a new project as far as the Corps of Engineers was concerned. It would require a feasibility study, which would be about $2 million with a 50/50 cost share. The top three were already determined by council earlier this year; the rest was ranked by administration, as directed. Motion Passed Unanimous Resolution 2013 -013, Approving An Amendment To The Employment Agreement With The City Manager. Motion (Keil/Shafer) Approve Resolution 2013 -013 Seaward pointed out in Resolution 2013 -013 the fourth Whereas which increased the City Manager's salary and severance pay. He thought that nine months of severance pay was high and he would like it amended to 6 months. Motion to Amend (Seaward /Casagranda) Amend Resolution 2013 -013, by changing reference to nine months' severance pay to six months' severance pay in the Fourth Whereas, Section One, and the corresponding amendment to the employment contract. Hunt said this was agreed upon by council, and didn't think there was any need for discussion. Keil said there was no objection at this time, and this was discussed in his evaluation. City Clerk Johanna Kinney clarified no action could be taken nor agreements could be made in an executive session, and any contract discussions that occurred in executive session would need to be formally decided upon in public, which was what the council was doing at this meeting. Motion to Amend Failed Yes: Casagranda, Seaward No: Shafer, Keil, Valdatta, Terry Main Motion Passed Yes: Shafer, Terry, Casagranda, Keil, Valdatta No: Seaward Other New Business City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page With consent of the council, the mayor appointed the following members to the Seward Recreation Committee, a Special Ad Hoc Citizen Advisory Committee: Mica Van Buskirk, Joe Allen, Peggy Hamner, Amy Komarek, Jena Peterson, Jody Tuck, Mike Little, David Paperman, Mike Insalaco, and Aspen Rose Aponi. The mayor also appointed Council Member Ristine Casagranda as a Council Liaison, and Council Member Vanta Shafer as an alternate Council Liaison. Administration was directed to provide a staff member to provide assistance with the committee. Mayor Seaward also directed the committee to appoint its own chair. Discussion on the Seward Mural Society's proposal for the 2013 Obihiro Mural Project. By Unanimous Consent, council suspended the rules to allow Master Artist Justine Peschuzal and Dot Bardarson to answer questions. Bardarson clarified the $5,000 master artist fee was their standard fee and the only artist payment for any mural projects they do. The master artist also served as the project engineer for the mural. Council directed the clerk to bring forward a resolution to approve funding for this project, with funds coming from the general fund. Council selected Jean Bardarson and Vanta Shafer to travel to Juneau for a legislative reception on February 27, 2013. COUNCIL COMMENTS Keil thanked John French for serving on Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) for ten years and Tena Morgan for her service on both the Planning and Zoning Commission and the Seward Bear Creek Flood Service Area Board. Keil encouraged the public to volunteer for a board or commission. Shafer congratulated the debate team for advancing to state. She reminded the public they voted to opt out of the Alaska Public Offices Commission's Financial Disclosure Statement Forms, and they were now using less intrusive, city- approved disclosure forms. The city really needed Planning and Zoning Commissioners. The commission has had several meetings cancelled due to lack of a quorum, which delayed a lot of work. Shafer encouraged the Young Entrepreneurs of Seward (YES) group to apply for some Planning and Zoning Commission seats. Valdatta asked about the Alaska Gasline Development Forum event coming up and hoped the library conference room was big enough. Casagranda thanked everyone for signing up for the Seward Recreation Committee. She was looking forward to being a part of that next YES meeting, which was on February 18, 2013. Terry encouraged high school students to apply for the student exchange. The deadline to submit applications was February 20, 2013. She echoed the importance of applying for boards and commissions. Terry thanked the applicants for the Seward Recreation Committee. She congratulated the third grade team in Seward who won the Battle of the Books. Long hoped everyone feels better soon. bC‘I City of Seward, Alaska City Council Minutes February 11, 2013 Volume 39, Page Hunt said he was disappointed and felt ambushed by the mayor tonight. He would have appreciated a heads up tonight. Hunt was also disappointed that this discussion about his compensation was the day before administration would leave to Juneau to advocate for funding for SMIC and didn't feel like this showed Seward having a united front. Seaward thanked everyone for coming and for those who watched. He encouraged the public to apply for the Historic Preservation Commission and the Planning and Zoning Commission. CITIZEN COMMENTS Renee Rinnick clarified the YES meeting was actually February 19, 2013. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil added her condolences to the Fletcher Family and the family of Ed Glotfelty. ADJOURNMENT The meeting was adjourned at 8:12 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) 10 City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page CALL TO ORDER The February 25, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Bob Valdatta Ristine Casagranda Marianna Keil comprising a quorum of the Council; and Ron Long, Assistant /Acting City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda Ordinances 2013 -002 and 2013 -003 were moved from the agenda section titled "Ordinances for Public Hearing and Enactment" to "NEW BUSINESS — Ordinances for Introduction" to correct an error in the agenda. Council Member Terry pulled Resolution 2013 -014 off the consent agenda for discussion. Council member Casagranda pulled the introduction Ordinance 2013 -003 from the consent agenda. The following items were added under "Other New Business ": Schedule a work session to continue discussion of mid -year budget priorities, and reschedule the work session to review of the 2012 International Codes. 11 City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page Motion Passed Unanimous The clerk read the following approved consent agenda items: There was no objection to the liquor license renewal for the Yukon Bar. Council appointed Dale Butts and Sandie Roach' to the Planning and Zoning Commission, with terms expiring February 2016. Ordinance 2013 -002, Amending The Seward City Code Relating To The Regulation Of Door - To - Door Solicitors On Residential Property. (This Ordinance was introduced and set for public hearing and enactment on March 11, 2013) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Chamber of Commerce Report, Cindy Clock thanked Christi Bell and Laszlo Kozman for their presentation on the Seward Economic Growth Plan at tonight's work session. The Chamber was working on parade efforts for the upcoming year and explained the process for volunteer signups. They were also working with schools, the Boys and Girls Club, and the Teen and Youth Center to organize Lemonade Day on May 11, 2013. Seward High School's Regional Basketball Tournament was March 7, 8, and 9, 2013 in Seward and the event was expected to draw a lot of out - of -town guests. The Spring Break -Up Festival was March 15 -17, 2013. Jocylyn O'Connor would speak at the March 1, 2013 Chamber Luncheon, and former Governor Bill Sheffield would be the speaker at the March 15, 2013 Luncheon. On behalf of the Chamber, Clock apologized to Mayor Seaward for the Chamber President's recent comments about him getting on the bus, which meant being a part of the team to advance and progress the community, and nothing more was implied by that comment. City Manager's Report, Acting City Manager Ron Long stated a purchase order for $15,700 was issued for necessary controller upgrades at the Ft. Raymond Substation. The city had been officially awarded $620,656 from the Exxon Valdez Oil Spill Trustee Council to construct the Vessel Wash -Down Pad at the Seward Marine Industrial Center (SMIC). Council would be asked to accept the grant at the March 11, 2013 meeting. An amendment to the engineering contract for the wash down pad with PND Engineers in the amount of $10,160 was approved by administration. Construction bids were currently being solicited and the bid opening date would be March 21, 2013 at 3:30 p.m. Maintenance work on the Coastal Villages barge the Annie K was completed and she was returned to the Small Boat Harbor. The city's insurance carrier accepted responsibility for repair of the damaged fender pilings at the shiplift pier. An engineer had been hired to manage the project and construction bids were currently under evaluation. The harbor staff sent Notice of Impoundment letters to six vessel owners this week. Any account balances not paid in full within twenty (20) days would result in the boats being put up for public auction. The harbor staff was currently offering City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page reserved slips to customers on the wait lists. A Request for Proposals for architectural and engineering services for the harbor restroom improvements was publicly noticed and advertised, and were due by Wednesday, March 6, 2013. Long announced the scoring criteria: • Statement of Qualifications: 30 points (5 = Experience In Seward and/or Alaska With Public Building Remodel Projects, 5 = Years In Business, Number Of Jobs, 15 = Experience Designing Similar Restroom Projects, 5 = Plan For Permitting) • Cost: 30 points (30 = Project Budget Compared To Proposed Cost Of Services) • Organizational Structure: 15 points (5 = Describe Previous Lawsuits Involving The City Of Seward [Including Judgments, Settlements, Or Liquidated Damages Arising From Previous Engineering Contracts] And ANY Other Legal Conflicts During The Past 5 Years With All Clients, 10 = Describe The Approach To Achieve The Most Cost Efficient Project) • References: 15 points (5 = Provide Comprehensive List Of Local Government Customers Over The Past 5 Years And At Least 2 References With Contact Information, 10 = Phone Call To References By City Of Seward To Ask These Specific Questions: Compliance with guidance and /or changing requirements? Responsiveness to communications? Completion on time and within budget? Quality and timeliness of plans and specifications? Accuracy and quality of billing and accounting information ?) • Clarity of Proposal: 10 points (2 = Deliverables, 2 = Approach to the Project, 2 = Timeline, 2 = Permitting, 2 = Documentation) The City of Seward and the Seward International Friendship Association (SIFA) were still seeking up to four Seward high school students who wanted to participate in the 40 annual student exchange this summer with our Sister City of Obihiro, Japan. Long gave a recap of the recent visit to Juneau by he and City Manager Hunt, which included meetings with other legislators February 12- 13, 2013. They also met with DCCED Commissioner Susan Bell about being prepared for SMIC development. It was recommended the city meet with the Department of Labor Commissioner as well to progress cooperative development with agencies on the city and state level. Long would be in Juneau on February 27, 2013 to host a reception to show the potential of the SMIC expansion project to representatives in Juneau. Many Seward businesses were instrumental in funding this reception. City Attorney's Report, Cheryl Brooking stated for the period from the end of December, 2012 to March 19, 2013, the firm continued to provide advice on various ordinances and resolutions, addressed questions on personnel matters, contract matters, and open meetings act inquiries. They further accomplished tasks to Gillespie settlement and reviewed /drafted potential proposals of land conveyance of the Jesse Lee Home. The attorney worked with the harbor on leases, vessel impoundment procedures, as well as procurement and contract requirements. They also worked with the Electric Department on interconnect ordinance changes, various labor employment and utility matters. Brooking apologized for the lack of specificity, but it was due to the attorney- client confidential relationship that she could not elaborate more. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page Mayoral Report, David Seaward thanked everyone for attending and GCI for broadcasting tonight's meeting. On February 12, 2013, Seaward was invited to the volunteer appreciation lunch at Senior Center. He met with Kenai Peninsula Borough Mayor Navarre on February 13, 2013 in Seward and attended the Boys and Girls Club Youth of the Year Awards Ceremony on February 22, 2013. He thanked Christi Bell and Laszlo Kozman for the work session presentation tonight and for their presentation at the regular meeting this evening. Other Reports, Announcements and Presentations A Seward Economic Development Plan Update was given by Laszlo Kozmon of Strategy - Nets on behalf of the Seward Chamber of Commerce. PUBLIC HEARINGS — None NEW BUSINESS Ordinances for Introduction Ordinance 2013 -003, Amending The Zoning Designation Of A Small Portion, Approximately Three - Fourth (3/4) Of An Acre, Of City Owned Land Located Within Tract G Of The Water Front Park Boundary From Harbor Commercial Zoning (HC) To Park (P) Zoning District. Motion (Casagranda/Keil) Introduce Ordinance 2013 -003 Long stated this Ordinance was for introduction only tonight. It was for a small portion of land located in by the new harbor uplands. Planning and Zoning Commission supported this. Casagranda pulled this from the consent agenda because she thought this prohibited the development of business, as the public comment in their packet read. Valdatta felt there was nothing that could be done commercially with this land, RVs currently were parked there. Long said the land in question was currently zoned Harbor Commercial. Terry added the lot was basically split zoned. Valdatta said his point was the city could profit more from campers. Shafer agreed with Casagranda that she was less inclined to create more park lands. Bardarson wondered where the push to rezeone this came from. Long said it appeared the process was set in motion by the Planning and Zoning Commission over a year ago guided by the Waterfront Development Plan. Bardarson also had concerns with tying this up to Park zoned land prematurely. Terry said this was not a separate lot. Split zoning was not ideal to have, so maybe this was just to clean it up. Keil noted once something became Park, it was very difficult to change it in the future. - 7 14 City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page Brooking said the whole Waterfront Park area was designated Park unofficially after the 1964 earthquake. She believed the intent was to not let homes and businesses be built in a fairly high risk area and also to avoid split zoning. Shafer was concerned because they had not talked about the new land at this point, so she was concerned with making this decision hastily. The land could have potential development for commercial businesses. Motion (Keil /Terry) Postpone Introduction of Ordinance 2013- 003 to the April 8, 2013 Meeting. Motion to Postpone Passed Unanimous Consent Resolution 2013 -014, Authorizing The City Manager To Submit A New Access Point Grant Application For Federal Funding To Establish A Community Health Center To Serve The Seward Community. Motion (Terry /Shafer) Approve Resolution 2013 -014 Bardarson and Keil both stated they were members on the Community Health Center (CHC) board and that they received no compensation with their membership. Seaward asked for clarification on this board. Brooking said this was a co- applicant process where the city and non- profit organization would be applying for the funding. Brooking said a conflict would apply if it was financial or under common law duties, duty of loyalty, obedience and care. Seaward ruled a conflict of interest existed. Motion (Shafer /Terry) Objection to the Mayor's Conflict of Interest Ruling of Council Member Bardarson and Keil for Resolution 2013- 014. City Clerk Johanna Kinney noted the procedural guidelines before the council to vote on this objection. According to the City Council Rules of Procedure, the council needed to vote on the following question, "Shall the ruling of the Chair stand ?" Motion Passed Yes: Casagranda, Seaward (clerk's note: this motion passed because No: Valdatta, Terry, Shafer four votes would be needed to overturn the ruling) Keil and Bardarson removed themselves from the dais. Long explained the premise of the resolution and why the city was supporting the application of a grant application. He noted the CHC would like to give the council an update on their efforts. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page The accepting of the grant would come back to council for approval, Terry noted. Motion Passed Unanimous Other New Business Council scheduled a work session on March 11, 2013 at 5:30 p.m. to receive an update from the Seward Community Health Center Board on use of the federal planning grant funds and the application for Federally Qualified Health Care (FQHC) status. Council discussed supporting House Bill 75, "An Act repealing certain audit requirements for entities receiving contributions from permanent fund dividends; requiring each campus of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; and requiring a university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends." Council directed a letter be sent from the Administration and Council supporting this House Bill. Council scheduled a work session on March 4, 2013 at 7:00 p.m. to discuss ongoing mid -year budget priorities, specifically ADA Accessibility and the possibility of downtown sidewalk assessment districts. Council rescheduled the work session to review the 2012 International Codes to March 13, 2013 at 7:00 p.m. INFORMATIONAL ITEMS AND REPORTS Letter to Representative Tommie Wilson supporting HB 35. Certificates of Recognition were given to Beverly Dunham, Margaret Anderson, Dorothy Urbach, Cindy Clock, and Patty Linville for their service on the Incorporation Centennial Ad Hoc Committee. COUNCIL COMMENTS Bardarson thanked the Incorporation Centennial Ad Hoc Committee members for their hard work. She welcomed the Seward Seahawk participants for the upcoming high school basketball region tournament. Keil thanked the Volunteer Fire Department for the awards banquet invitation. She attended and it was a great time. Keil and Shafer were given commemorative coins to show the council's commitment to the Fire Department. She had been concerned with volunteerism in the community, and this event showed her how many people were actually involved. Keil reiterated her commitment City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page to the community and she enjoyed her representation on the Community Health Center Board (CHC), and she was put on the board by the City Council. If this was going to be the case where they weren't allowed to vote on Council CHC issues, the city would not be able to have any representation on the board. Shafer disagreed with conflicts based on common law rather than financial interest. The council always voted with the best intentions for the community. Their code addressed financial conflicts of interest and common law was an entirely different thing. If they were going to start ruling based on common law, then it should be in their code. Terry thanked Butts and Roach' for reapplying to the Planning and Zoning Commission, as they were great assets to the commission. She encouraged the public to consider applying to be on the Planning and Zoning Commission and Seward Bear Creek Flood Service Area Board. Terry thanked Laszlo Kozman and Christi Bell for their economic growth plan and thought it was very exciting. People should contact the Chamber if they had questions about it. Long said he had the opportunity to attend the Young Entrepreneurs of Seward (YES) meeting last week to see Kozman's presentation and encouraged those members to attend a Planning and Zoning Commission meeting to see if they might be interested in serving. He appreciated the opportunity to travel to Juneau on behalf of the city. Seaward thanked the public for attending, the Centennial Incorporation Ad Hoc Committee for their service, and Butts and Roach' for reapplying to the Planning and Zoning Commission. CITIZEN COMMENTS Tim McDonald stated he would be giving a report for the Cook Inlet Aquaculture Association (CIAA) at the next meeting, but wanted to remind council of the email they received where the CIAA recently supported naming a bridge after the late Mike Wiley. This was being reviewed in the legislature. He hoped council could write a letter in support of that action. Laszlo Kozman observed the land- related issue the council was debating tonight. They were talking about other land - related issues and they should consider all city land as one land asset and how it supported economic growth. Instead of looking at land individually, he recommended they look at the land's potential as a whole and as an entire asset. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Valdatta noted the city had prioritized all lands available for economic growth in the past. Seaward noted an advertisement in the Anchorage Press for the Seward Arts Council's promotion of their current production and complimented how they created a package that combined a local hotel with admission tickets. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page EXECUTIVE SESSION Motion (TerryBardarson) Go into Executive Session to discuss City Attorney's evaluation. Motion Passed Unanimous Council went into Executive Session at 8:45 p.m. Council came out of Executive Session at 9:26 p.m. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) City of Seward, Alaska City Council Special Meeting Minutes February 26, 2013 Volume 39, Page CALL TO ORDER The February 26, 2013 special meeting of the Seward City Council was called to order at 5:15 p.m. by Vice Mayor Jean Bardarson. OPENING CEREMONY Council Member Keil led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson, presiding and Christy Terry Vanta Shafer Marianna Keil Ristine Casagranda* comprising a quorum of the Council; and Ron Long, Assistant/Acting City Manager Cheryl Brooking, City Attorney Kris Erchinger, Finance Director Johanna Kinney, City Clerk *Ristine Casagranda arrived at 5:17 p.m. Absent — Bob Valdatta, David Seaward CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Terry/Keil) Approval of Agenda Motion Passed Unanimous Motion (Shafer/Keil) Go into executive session to discuss matters where the immediate knowledge of which would clearly have an adverse effect upon the finances of the city and matters pertaining to potential litigation, specifically to discuss settlement of rate negotiations relative to Providence/ Seward's Medicaid reimbursement rate established by the State of Alaska. 11 City of Seward, Alaska City Council Special Meeting Minutes February 26, 2013 Volume 39, Page Keil stated for the record that she had two daughters that were employed by Providence Hospital, but they were no longer her dependent children. Vice Mayor Bardarson noted there was no financial gain and ruled that no conflict of interest existed. The council invited into the executive session the following people: Acting City Manager Ron Long, Finance Director Kris Erchinger, City Attorney Cheryl Brooking, City Clerk Johanna Kinney, Providence Seward Director Joe Fong, Providence Attorney Kathleen Drummy, Providence Representative Susan Humphrey - Barnett, and Providence Representative Sean McCallister. Motion Passed Unanimous Council went into Executive Session at 5:19 p.m. Council came out of Executive Session at 6:30 p.m. Motion (Terry/Keil) Schedule a special meeting to review a settlement offer from State of Alaska drafted by Providence regarding Seward Medicaid reimbursement rate for February 28, 2013 at 7:00 p.m. Motion Passed Unanimous Motion (Terry/Keil) Add the following item to the February 28, 2013 special meeting agenda: Discussion on City Council Conflict of Interest Rules According to the City Code. Motion Passed Unanimous COUNCIL COMMENTS - None CITIZEN COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 6:33 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Vice Mayor 6 City of Seward, Alaska City Council Special Meeting Minutes February 26, 2013 Volume 39, Page (City Seal) S � City of Seward, Alaska City Council Special Meeting Minutes February 28, 2013 Volume 39 Page CALL TO ORDER The February 28, 2013 Special Meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Jean Bardarson. OPENING CEREMONY Council Member Keil led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Ristine Casagranda Marianna Keil Vanta Shafer Bob Valdatta Christy Terry comprising a quorum of the Council; and Ron Long, Acting City Manager Johanna Kinney, City Clerk Absent — David Seaward CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Paul Rupple said this was a small town and he was a member of many different organizations. He recognized that community members in a small town often had to wear several hats. Regarding conflicts of interests, Rupple felt if there was a financial interest, there was concern. If there was not a financial interest present, there should be no concern. He encouraged the council to follow past precedence of using a substantial direct or indirect financial interest as the mechanism to determine if council members should be allowed to vote on issues or not. APPROVAL OF AGENDA Motion (Shafer /Terry) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Resolution 2013 -015, Authorizing General Terms Of Settlement Of A Rate Dispute With The State Of Alaska And Providence Seward Medical And Care Center Relating To A Medicaid Rate Appeal In An Approximate Amount Of $6.1 Million Over Four Years, And Authorizing City of Seward, Alaska City Council Special Meeting Minutes February 28, 2013 Volume 39 Page Negotiation Of A Formal Settlement Agreement To Be Approved When Negotiations Are Complete. Motion (Shafer /Terry) Approve Resolution 2013 -015 Finance Director Kris Erchinger talked through the council agenda statement to provide a history of the issue at hand. The state was agreeing to settle with Providence Seward for Medicaid reimbursement rates at $6.1 million. Providence attorneys were recommending to Providence and the city that they settle. As proposed, the settlement would come to Seward over a four -year period. What Providence had budgeted in for their daily rates and what the benefit would be to Seward, would ultimately depend on what the census of the Seward Long Term Care Facility was and how many of those patients were on Medicaid. In response to Valdatta, discussions on this issue began with the Office of Rate Review, then went to the State of Alaska Attorney General's Office, which where the recommendation before the council tonight for consideration was generated. Erchinger explained the $6.1 million figure would give Providence Seward reimbursements to the city for 2011 and 2012, for about half of the figure. It would need to be decided how Seward Providence would receive the other three million. One consideration was to allow Providence Seward to get caught up with its cash flow because it owed Providence Anchorage roughly $2 million. This would get the city and Providence Seward close to even, putting them both in a much better position. In response to Shafer, Erchinger said Providence Health Services Alaska had been arguing this on behalf of Seward Providence and Valdez Providence, and the costs would not be borne by either city. Erchinger noted it was important to remember that Providence Seward was losing $6 million, not Providence Alaska. Providence Seward was owned by the taxpayers of the city. Erchinger said the $750,000 previously paid to Providence Seward was for electronic medical records and to help recover cash flow. Long stated this was a lot of information that came at the expense of many hours of preparation. The effort put forward in this was a tremendous value and noted how much the city owed Erchinger for her time and patience in presenting this issue. Motion Passed Unanimous Other New Business Council discussion on City Council Conflict of Interest Rules according to the City Code. Shafer's concern and question was what was listed in the city's code and charter regarding conflicts of interest, as well as how other Alaskan communities handled conflicts of interest. It appeared other municipalities had similar conflict of interest language in their codes, which �3 City of Seward, Alaska City Council Special Meeting Minutes February 28, 2013 Volume 39 Page addressed those of a financial interest. The mayor or council should decide whether or not a conflict existed based on the specific language in the code. She was wondering if they needed to write something to clarify in the code that these were strictly the guidelines they were to follow. Shafer understood what the attorney said regarding common law, but she didn't see how that applied to the non - profit boards in town. She said when she was sworn in as a council member she took an oath to follow the laws of the City of Seward, the State of Alaska, and the United States. She wondered if there needed to be further clarification. Terry said she didn't disagree that council members had the duty of loyalty under the common law. When she looked at the city's code, the only thing the mayor was allowed to make a determination on was if they had a substantial direct or indirect financial conflict of interest, not if they had a conflict of interest under the common law. Terry felt stating conflicts other than of a financial nature was a matter of courtesy, but nowhere in common law did it give the presiding officer the role to determine on ruling on common law of duty of loyalty. Long said they had all been on a number of boards and part of organizations. On the Kenai Peninsula Borough Assembly, their code trumped common law, the way it was written. But there had to be more detailed of examples that might rise to the level of conflict, such as in terms of relating to contractual agreements. Perhaps the rulings needed to be applied judiciously with a fact - based analysis. As it was being determined lately, conflicts were substantive and prospective. If there was an issue of duty of loyalty when a member was a part of two boards that had a deliberative process, the member should disclose and observe the right to abstain from voting twice. Long recommended tightening up some of that language, but they should ask themselves the fact -based question if a reasonable person in that position would be biased and unable to act in the City's interest. Shafer said this issue had never come up before and she found this to be inane. They sit on the council and it was common sense that they have the duty of loyalty as a council member. Perhaps they should make their language closer to the Kenai Peninsula Borough's. Keil and Long both noted the city code could supercede the common law if they so chose, but it would have to be amended by ordinance. Casagranda understood common law to what the courts would hold accountable. At the last regular meeting where a conflict was ruled, she voted by what the attorney cited as conflicts of interest relating to the city code and to the common law. Casagranda thought of her appointment of the recently - formed recreation committee. If she were to vote on the committee, she didn't think it was right to vote on the council level afterwards. With the information she was given at the last regular meeting, that was why and how she voted. She would also feel more comfortable with tighter language in the code and with what the attorney recommended. Long said the council wasn't necessarily given the entire picture of common law. For the purposes of duty care or loyalty, their presence on the board didn't assume a higher duty on one board over the other. That determination was needed on a case -by -case basis. City of Seward, Alaska City Council Special Meeting Minutes February 28, 2013 Volume 39 Page Terry said they had an attorney opinion in front of them that supported the common law. Shafer did not want this happening again. Casagranda would like to see the guidelines stated clearer in the code if the council was to supercede common law. She personally didn't want the right to vote on the boards she was appointed to and then have the ability to vote on the council level again. Terry suggested speaking to the attorney about providing suggested language when disclosing potential conflicts of interest. Council directed the City Clerk to work with the City Attorney to provide suggested language to council for purposes of disclosure regarding duty of loyalty within the City Council in addition to addressing any direct or indirect substantial financial conflict of interest. COUNCIL COMMENTS Shafer said the reception last night in Juneau went well. They had great attendance; people were excited about the SMIC expansion project. She spoke with Senator Giessel on funding possibilities, and she recommended a council letter be sent to each member to the senate finance committee and the house finance committee to help bring attention to the project. A lot of the younger staffers that attended the reception were less knowledgeable about the project, and upon learning more about it, they became very interested and excited about it. She thanked the companies that donated money towards this and said no city funds were expended on this reception. Casagranda looked forward to the opportunity to being involved on a Juneau level and to speaking on behalf of Seward more frequently. She was happy to speak and represent the City of Seward on the Kenai Peninsula Economic Development District and felt ready to move on to higher things. Long said attendance could have been better in Juneau, especially if he had made it to the airplane on time. He thanked those involved in supporting the reception. He met with the Department of Labor earlier today to go over some other aspects of work force readiness as was recommended to him. Long also met with Senator Steven's staff, who was still very much interested in Seward. He also met with Representative Osterman, who was a great fishing industries supporter. Valdatta commented on the highway by Girdwood and felt the biggest problem with accidents was tailgating. He wondered how they city could enforce that type of reckless driving better. Perhaps they could make signs and enforce it like they do with headlights and seatbelts. CITIZEN COMMENTS Sarah Aslam noted she read an article in Florida that showed the amount a driver would be ticketed if they were pulled over, to help encourage people to slow down. City of Seward, Alaska City Council Special Meeting Minutes February 28, 2013 Volume 39 Page Joe Fong, Seward Providence Administrator, thanked the council for their time and deliberation and consideration on the resolution tonight. They had learned a lot in the last few days, so he appreciated them taking the time. It had also given him an orientation of the relationship between Providence Seward and the City of Seward. Fong would do the best he could to keep quality medical experience and finances up to speed for the residents of the Seward area. Paul Rupple said regarding the conflict of interest laws, the council and community needed education more than anything, which he felt they received tonight. He noted it cost him $140 the last time he tailgated another driver. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 8:32 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Vice Mayor (City Seal) CITY OF SEWARD, ALASKA ;r ,w APPLICATION FOR THE SEWARD PLANNING AND ZONING COMMISSION NAME: i 5 e_ STREET ADDRESS: L `) 0 0 Loii. iiicq ..e . MAILING ADDRESS: 0 b"C r 3 (d2 HOME TELEPHONE:90 --342, 03- BUSINESS PHONE: q 4 - 4Z7Z 1- /� co E -MAIL ADDRESS:G�02Kr5�?� Gioc FAX: HOW LONG IN THE CITY LIMITS OF SEWARD:` J 71iM.o$ PRESENLY EMPLOYED AS: iaCt vL- eir w _ T-- de- List any special training, education or background ou have which may help you as a member of the -' ~ -4,, �t -2 , - \e t4 , .. , k q 0;vh t i ��F `?E� t/tL `-7 ,, "i j ., ;v1 , c owow,. ‘' Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: I am specifically interested in sewing on the Planning and Zoning Commission because: T. r'e_ C oci L ` 1--' Ala l,k1 ids te.' ) ,-0 ,s oz--- T 21 -( c Z c Have you ever served on a similar commission elsewhere? Yes or If so, where? And when? Are you available for meetings Tuesday evenings? +z -E-1 v' ' Ili If appointed, are you willing to travel: Often Occasionally Rarely Never a cu( 1,, : - ,____ „) '2- /2- c12- Signature Date CITY OF SEWARD, ALASKA APPLICATION FOR THE SEWARD HISTORIC PRESERVATION COMMISSION NAME: , '4r0 t STREET ADDRESS: I o a:.� Ai.'6 MAILING ADDRESS: /`. . ��o x /5 e E -MAIL ADDRESS / 75z- 4 W14 �• cD HOME TELEPHONE: v7 J.)-4 ”11 LENGTH OF RESIDENCY IN THE SEWARD AREA: !d y-) -6 PRESENLY EMPLOYED AS: /�t4vS! £T ✓�l/� 1�/G��' List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: a m 60.4 clog vvl ASS r 0;tl PLAnio,, / G o!J. r)1)6, ()r4 11 SsS )/l) Have you ever been involved in any aspect of historic preservation? If so, briefly describe your invglvement: J _ L ) � , S !' 5' _Ga "'r i G P..J I am specifically interested in serving on the Historic Preservation Commission because: C x 1 - J - £ o OV u.. s Have you ever served on a similar commission elsewhere? or No If so, where? •c'J✓yg p AK C9 4 And when? D e 9 If appointed, are you willing to: • Do historic research? ES) NO • Work on preparing grant applications? NO • Work on writing historic register nominations? NO • Attend historic preservation workshops? . S) NO SIGNATURE /��� DATE - /3 '�� b March 2 013 March 2013 April 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Feb 25 26 27 28 Mar 1 N N LL 4 5 6 17 7:OOpm CC WS 7:OOpm P &Z Mtg 12 :OOpm PACAB Mtg t 4:30pm Seward Recrea 12 13 14 15 5:30pm Joint WS CC & rn— Ft 7:OOpm CC Mtg 7:OOpm CC WS; Library 7:30pm HP Meeting 2 18 19 20 21 22 6:OOpm P &Z WS 12:OOpm PACAB Work 5 N N 00 r-1 (0 5 25 26 � 27 28 29 r i SEWARD'S DAY; OFFIC 7:OOpm CC Mtg o N Ln 2 Nanci Richey 1 3/6/2013 3:07 PM • April 2013 May 2013 April 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Apr l 2 1 3 4 5 7:OOpm P &Z Mtg 12:OOpm PACAB Mtg 9 10 11 12 7:OOpm CC Mtg j N �/ 00 15 16 17 18 19 Assembly 12:OOpm PACAB Work 5 6:OOpm P &Z WS 6:30pm HP Mtg rn u , r L o. 1—_ 23 24 25 26 7:OOpm CC Mtg 29 30 May 1 2 3 m 5 N Q Nanci Richey 1 3/6/2013 3:07 PM �1b