Regular Ketchikan City Council meeting was called to order by Mayor Williams at 7:00 p.m.,, with the following members present: Sam Bergeron, Dick Coose, Kj Harris, DeAnn Karlson, Robert Sivertsen and Marty West. Councilmember Matthew Olsen was absent. The Pledge of Allegiance was given by all persons in the Chambers. Staff present were Manager Amylon, Assistant Manager Martin, City Attorney Seaver, Library Director Gens, Port and Harbors Director Corporon, Police Chief Bengaard, Public Works Director Allen, Electric Division Manager McConnell, Water Division Manager Kleinegger and City Clerk Suiter. COMMUNICATIONS Mayor Williams said there were items laid on the table, including: a memorandum from Manager Amylon forwarding correspondence from the Borough relating to the parking covenants for the new Ketchikan Visitors Bureau building; information providing a status update from the Borough attorney regarding Olson Marine s development plan and application for a tidelands lease for ATS 1641; and the decision reached by the Board of Appeals relating to an appeal of Joseph Machini for the demolition of 420/422 Water Street. PERSONS TO BE HEARD Chet Thompson of Marble Construction said they were the low bid for the UV Facility Warehouse and they met with the Water Division manager and the engineer to come up with value engineering to make the warehouse more cost effective. He said he will be available when the subject comes up if the Council has any questions. CONSENT AGENDA Approval of Minutes Moved by Sivertsen, seconded by West approval of the minutes of the special meeting of July 2 and regular meeting of July 5, 2012. Budget Transfers Contract No. 12-12, Wastewater Treatment Plant A Force Main and Flow Meter Replacement with BAM LLC Moved by Sivertsen, seconded by West the City Council authorize the city manager to transfer $47,368 from the 2012 Wastewater Division s Treatment Plant Flow Meters 1
Capital Account and $43,670 from Appropriated Reserves of the Wastewater Fund to the 2012 Wastewater Division s Wastewater Treatment Plant A Force Main Replacement Capital Account for the purpose of funding Contract No. 12-12 between the City of Ketchikan and BAM LLC. Designated Legislative Grant Agreement No. 13-DC-618 Rehabilitation/Replacement of Off-System City Bridges Moved by Sivertsen, seconded by West the City Council approve Designated Legislative Grant Program Grant Agreement No. 13-DC-618 in the amount of $9,250,000 between the City of Ketchikan and the Department of Commerce, Community and Economic Development for Rehabilitation/Replacement of Off-System City Bridges and direct the city manager to execute the grant agreement on behalf of the City Council. Designated Legislative Grant Agreement No. 13-DC-603 Berths I and II Replacement Project Moved by Sivertsen, seconded by West the City Council approve Designated Legislative Grant Program Grant Agreement No. 13-DC-603 in the amount of $7,000,000 between the City of Ketchikan and the Department of Commerce, Community and Economic Development for the Berths I and II Replacement Project and direct the city manager to execute the grant agreement on behalf of the City Council. Accepting Steel Sculpture of Cedar Tree Entitled Renewal by Rich Stage from the U.S. Forest Service for Placement at the New Ketchikan Public Library Moved by Sivertsen, seconded by West the City Council accept the donation of the steel sculpture of a cedar tree entitled Renewal by Rich Stage from the U.S. Forest Service for placement at the new Ketchikan Public Library. 2
Amendment No. 1 to Contract No. 11-13 Water/Wastewater/Storm Drainage Cost Allocation and Rate Design Study, FCS Group Moved by Sivertsen, seconded by West the City Council approve Amendment No. 1 to Contract No. 11-13, Water/Wastewater/Storm Drainage Cost Allocation and Rate Design Study between the City of Ketchikan and FCS Group and direct the city manager to execute the amendment on behalf of the City Council. UNFINISHED BUSINESS Declaration of Covenants Regarding Parking Special Assessments New Ketchikan Visitors Bureau Building Deferred from June 7, 2012 The motion before the Council was: Moved by Sivertsen, seconded by West the City Council approve the Declaration of Covenants Regarding Parking Special Assessments in connection with the construction of a new Ketchikan Visitors Bureau Building on Berth II and direct the city manager to execute the Declaration of Covenants on behalf of the City Council. Motion passed with West, Karlson, Harris, Sivertsen and Coose voting yea; Bergeron voting nay; Appointments to Boards and Commissions Moved by Coose, seconded by Bergeron the City Council recommend Amy Russell to the Borough Assembly as appointment to the Planning Commission. Motion passed with Sivertsen, Bergeron, Coose, Harris and Karlson voting yea; West voting nay; NEW BUSINESS Draft Request for Proposals Biomass Fuel Supply Moved by Sivertsen, seconded by Coose the City Council direct the city manager to release the Request for Proposals for Contract No. 12-48, Biomass Fuel Supply, for the new Ketchikan Public Library. 3
Motion passed with Coose, Bergeron, West, Harris, Sivertsen and Karlson voting yea; Award of Contract No. 12-34 Jackson Street Area Reconstruction Project, S&S General Contractors and Equipment Rentals, Inc. Moved by Sivertsen, seconded by Coose the City Council accept the bid of S&S General Contractors and Equipment Rentals, Inc. in the amount of $3,947,732 for Contract No. 12-34, Jackson Street Area Reconstruction Project; establish a ten percent contingency in the amount of $394,773, bringing the total project cost to $4,342,505; authorize funding from the Wastewater and Water Divisions Reconstruction of Jackson/Monroe Streets & 4 th /7 th Avenues Capital Accounts; and direct the city manager to execute the contract documents on behalf of the City Council. Motion passed with Karlson, Harris, West, Bergeron, Sivertsen and Coose voting yea; Resolution No. 12-2468 Authorizing an Application for Municipal Harbor Facility Grant Program Funding for the Construction of a Drive-Down Float and Reconstruction of Floats 1N and 9 in Bar Harbor South Moved by Coose, seconded by Bergeron the City Council approve Resolution No. 12-2468 authorizing an application for Municipal Harbor Facility Grant Program Funding for the construction of a drive-down float and reconstruction of Floats 1N and 9 in Bar Harbor South; agreeing to provide for local maintenance of such funded improvements as required; and establishing an effective date. Motion passed with Bergeron, Sivertsen, Karlson, Coose, Harris and West voting yea; Mayor and Council ipad Policy Moved by West, seconded by Harris the City Council approve the Mayor and Council ipad Policy and direct the city clerk to distribute the policy to the Mayor and Councilmembers for acknowledgment and execution. Motion passed with Harris, Sivertsen, West and Karlson voting yea; Coose and Bergeron voting nay; Award of Contract No. 11-40 UV Facility Warehouse Construction, Marble Island LLC d/b/a Marble Construction 4
Moved by West, seconded by Harris the City Council accept the bid of Marble Island LLC d/b/a Marble Construction in the amount of $461,421 for Contract No. 11-40, UV Facility Warehouse Construction; establish a ten percent contingency in the amount of $46,142, bringing the total project cost to $507,563; authorize funding from the Water Division s 2012 UV Facility Warehouse Capital Account; and direct the general manager to execute the contract documents on behalf of the City Council. Motion failed with Sivertsen, Bergeron, Coose, Harris, West and Karlson voting nay; Moved by Harris, seconded by West the City Council reject all bids for Contract No. 11-40, UV Facility Warehouse Construction, and direct staff to rebid the project incorporating into the project specifications those modifications discussed in the Water Division manager s report dated July 6, 2012. Manager Amylon requested a dollar value that was accepted to the Council, saying he would work with the Water Division manager and the engineer to see what they can come up with. He said staff will bring it back to the Council before going out for bids to show the Council what they will be getting for the dollar amount. Motion passed with Bergeron, Harris, Sivertsen and Karlson voting yea; Coose and West voting nay; The Council discussed some parameters for rebidding the project, and requested a project of no more than $354,200. Councilmember West clarified staff wasn t bound by the modifications discussed in the Water Division manager s report as indicated in the motion. VOUCHERS None CITY MANAGER S REPORT Schedule of General Government and KPU Appropriated Reserves Through the City Council Meeting of July 5, 2012 Manager Amylon provided the Council a schedule of the current balance of Appropriated Reserves of various funds of General Government and KPU through the City Council meeting of July 5, 2012. Contract No. 11-27, Construction Manager/General Contractor Services for the Construction of a New Municipal Public Library Minutes of Weekly Design/Construction Progress Meeting Nos. 63 and 64 5
Manager Amylon provided minutes for the weekly design/construction progress meeting Nos. 63 and 64 that were held in Ketchikan/Anchorage/Bellingham on June 26 and July 3, 2012 for Contract No. 11-27, Construction Manager/General Contractor Services for the construction of a New Municipal Public Library. 2012 Cruise Ship Passenger Traffic Update Manager Amylon included a memorandum from Finance Director Newell detailing cruise ship passenger counts through the week ending June 24, 2012. Mr. Newell s memorandum noted the passenger traffic through this time period decreased by 6,478 or 2.3% from last year s level. Report of Federal Lobbyist Manager Amylon copied the Council with the July 3, 2012 report of the City s federal lobbyist, Steve Silver. August 15, 2012 Closure of the Ketchikan Public Library Manager Amylon transmitted a memorandum from Library Director Gens requesting to close the library on Wednesday, August 15, 2012 in order to begin the process of disposing of items that will not be taken to the new facility later this year. He noted his intent to grant the request unless directed otherwise. Ketchikan Public Library Activation Schedule Manager Amylon included correspondence from Roe Sturgulewski of RISE, Alaska, LLC that summarizes the major components and draft schedule associated with the transition to the new Ketchikan Public Library on Copper Ridge Lane. He noted the targeted date for closing the Dock Street facility is Thanksgiving, November 22, 2012 and opening the new Ketchikan Public Library on Wednesday, January 2, 2013. Contract No. 10-31 (Construction Manager/General Contractor Construction Services for the Construction for a New Municipal Fire Station) Update Minutes of Weekly Construction Progress Meeting No. 65 Manager Amylon advised Weekly Construction Progress Meeting No. 65 was held in Ketchikan/Anchorage/Bellingham on June 26, 2012 for Contract No. 10-31, Construction Manager/General Contractor Construction Services for the construction of a New Municipal Fire Station. He provided copies of the minutes. 2012 Sales Tax Report No. 5 Manager Amylon copied the Council with a memorandum from Finance Director Newell regarding 2012 sales tax collection to date. 6
Public Works Department Project Status Report June 2012 Manager Amylon provided a copy of the project status report of the Public Works Department for the month of June 2012. Request for Special City Council Meeting Review of Revised 2012-2018 General Government and Ketchikan Public Utilities Capital Improvement Programs, Cost of Service for Water, Wastewater, Storm Drainage and Electric Rate Design Studies Manager Amylon requested the City Council schedule a special meeting on Tuesday, August 7, 2012 for the purpose of having FCS Group and D. Hittle & Associates present the updated cost of service analyses and seek Council direction relative to the 2013 General Government and KPU Annual Budgets and Capital Improvement Programs. Fiscal Year 2011 and 2012 General Government and Ketchikan Public Utilities Vehicle Acquisitions Manager Amylon notified the Council that several vehicles purchased in 2011 and 2012 will be on display in the McCaw Parking Lot adjacent to the Performing Arts Center building prior to the Council meeting of. K.P.U. MANAGER S REPORT Project Status Reports of the KPU Operating Divisions June 2012 Manager Amylon transmitted the project status reports of the KPU operating divisions for the month of June 2012. CITY CLERK S FILE None CITY ATTORNEY S FILE None FUTURE AGENDA ITEMS None MAYOR AND COUNCIL COMMENTS Councilmember West said she voted against Ms. Russell for the Planning Commission, but it had nothing to do with her. She said it had already passed and she wanted to support Mr. Bengen. She hoped special meetings would not be held on Tuesdays because she can never make them. 7
Councilmember Sivertsen questioned what it would take to get the clock in Whale Park working. Manager Amylon said he felt it may be a function of the Borough due to the transfer of parks and recreation to the Borough. Mr. Sivertsen said he received a couple of comments today as to why it wasn t running. In response to Councilmember Sivertsen, Manager Amylon said staff has had conversations with the Arts Council the last couple of weeks, and they got behind schedule due to staff absences relative to the fish sculpture on Ketchikan Creek. He said there is an RFP going out soon. Councilmember Sivertsen thanked the Public Works Department for bringing all the equipment down. Councilmember Bergeron requested the manager bring back an agenda item back about Deermount Street. He pointed out some work has been done and never accepted, so there is no parking. He felt we have this spacious boulevard with available parking that we can t use because we haven t accepted the closeout on some construction project. He hoped this could be resolved. Mayor Williams said he got an email that the lieutenant governor is coming to town next week, so watch for that. He pointed out all the candidates for the House, at least the Republicans, are doing a question and answer at Sunny Point Conference Room. OTHER NEW BUSINESS None EXECUTIVE SESSIONS Request for Executive Session Discussion of Potential Litigation Strategies with Legal Counsel Within the Attorney-Client Privilege Relating to the Failure of Southeast Engineering to Complete Contract No. 07-38, UV Disinfection and Chloramination Facility, in Accordance with the Terms and Conditions of the Contract Moved by West, seconded by Sivertsen the City Council declare that consistent with the general manager s memorandum dated July 6, 2012, it is in the best interest of the City to go into executive session in accordance with KMC 2.04.025(a)(3) and AS 44.62.310(c)(3) to discuss potential litigation strategies with legal counsel within the attorney-client privilege relating to the failure of Southeast Engineering to complete Contract No. 07-38, UV Disinfection and Chloramination Facility, in accordance with the terms and conditions of the contract. 8
Motion passed with Bergeron, Sivertsen, Karlson, Coose and West voting yea; Harris voting nay; The Council recessed into executive session at 7:40 p.m. and reconvened at 8:00 p.m. Mayor Williams said the Council has completed an executive session to discuss potential litigation strategies with legal counsel within the attorney-client privilege relating to the failure of Southeast Engineering to complete Contract No. 07-38, UV Disinfection and Chloramination Facility, and no action would be taken tonight. ADJOURNMENT As there was no further business, the Council adjourned at 8:00 p.m. ATTEST: Lew Williams III, Mayor Katherine M. Suiter City Clerk FYI ITEMS INCLUDED Love INC s Quarterly Activity and Financial reports April Through June 2012 Lake Levels and System Generation Report for the Month of June 2012 Water Utilization Study Report June 2012 9