February 2, The Pledge of Allegiance was given by all persons in the Chambers.

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1 Regular Ketchikan City Council meeting was called to order by Mayor Williams at 7:02 p.m.,, with the following members present: Sam Bergeron, Dick Coose, Kj Harris, DeAnn Karlson, Matthew Olsen, Robert Sivertsen and Marty West. The Pledge of Allegiance was given by all persons in the Chambers. Staff present were Manager Amylon, Assistant Manager Martin, Finance Director Newell, City Attorney Seaver, Fire Chief Share, Library Director Gens, Port and Harbors Director Corporon, Police Chief Bengaard, Assistant Public Works Director Brakke, Contracts/Grants Administrator Barry and City Clerk Suiter. COMMUNICATIONS Mayor Williams read a proclamation declaring February Children s Dental Health Month, and presented it to Dr. McKinsee Weyher, staff dentist at Ketchikan Indian Community. Dr. Weyher said during the month of February they have been going to the Head Start Programs and to the elementary schools to provide dental education as well as oral hygiene supplies such as tooth paste and tooth brushes. PERSONS TO BE HEARD David Nesje, Chair of the Port and Harbors Advisory Board, spoke regarding the memorandum of agreement with the Borough on the drive-down dock. He pointed out the Board feels there are priorities other than the drive-down dock, noting if all the Raw Fish Tax Funds are dedicated to the drive-down dock moorage rates will need to be raised. He explained the priorities, commenting if the moorage rates are increased to pay for them we are going to lose fishermen anyway. He encouraged some wording changes if the agreement is passed, suggesting the addition of and other capital improvements on item D, an election date change to May/June, and to direct staff to establish a relationship with the folks at the Ward Cove development site. He reminded the State of Alaska gave the harbors to the City of Ketchikan and now we are going to have to start funding our improvements over time. Eric Muench spoke regarding the extra money paid to the architects for the LEED information. He expressed concern about the heating efficiency of the building, noting the windows are an invitation to radiate heat to the outside. He made several suggestions regarding some changes the architects can make. CONSENT AGENDA Mayor Williams suggested moving Ordinance No to the Consent Agenda, and there were no objections. Approval of Minutes 1

2 Moved by Sivertsen, seconded by West approval of the minutes of the special meeting of January 12, 2012 and regular meeting of January 19, Motion passed with Harris, Coose, Sivertsen, West, Karlson, Olsen and Bergeron voting yea. Waiver of 21-Day Bidding Schedule Requirement Demolition of Bawden Street Apartments Moved by Sivertsen, seconded by West pursuant to its November 3, 2011 declaration of public emergency, the City Council authorize the city manager to waive the standard 21- day bidding schedule requirement as set forth by AS (a) for the demolition of the Bawden Street Apartments and establish such bidding schedule as determined appropriate by staff. Motion passed with Harris, Coose, Sivertsen, West, Karlson, Olsen and Bergeron voting yea. Ordinance No Authorizing the Granting of Certain Food Vendor Leases on City Real Property Pursuant to the Provisions of Charter Section 5-17(a)(2) Second Reading Copies of Ordinance No were available for all persons present. Moved by Sivertsen, seconded by West the City Council approve in second reading Ordinance No authorizing the granting of certain food vendor leases on City real property pursuant to the provisions of Charter Section 5-17(a)(2); providing for the filing of referendum petitions; and establishing an effective date. Motion passed with Harris, Coose, Sivertsen, West, Karlson, Olsen and Bergeron voting yea. Councilmember Bergeron left at this point in the meeting due to illness. Resolution No Authorizing Submittal of an Application for Grant Funding from the United States Environmental Protection Agency in the Amount of $291,000 from the 2009 Special Appropriations Act Project (SAAP) Grant Program for Municipal Water and Sewerage Projects for the City-Wide Utilities Replacement Project Moved by Coose, seconded by Sivertsen the City Council approve Resolution No authorizing submittal of an application for grant funding from the United States 2

3 Environmental Protection Agency in the amount of $291,000 from the 2009 Special Appropriations Act Project (SAAP) Grant Program for municipal water and sewerage projects for the City-Wide Utilities Replacement Project; and establishing an effective date. Contracts/Grants Administrator Barry answered questions from the Council. Motion passed with West, Olsen, Karlson, Harris, Sivertsen and Coose voting yea; UNFINISHED BUSINESS Ordinance No Authorizing the Granting of Certain Dock Vendor Leases on City Real Property Pursuant to the Provisions of Charter Section 5-17(a)(2) Second Reading Copies of Ordinance No were available for all persons present. Moved by Sivertsen, seconded by West the City Council approve in second reading Ordinance No authorizing the granting of certain dock vendor leases on City real property pursuant to the provisions of Charter Section 5-17(a)(2); providing for the filing of referendum petitions; and establishing an effective date. Motion passed with Sivertsen, Harris, Olsen and West voting yea; Coose and Karlson voting nay; Appointments to Boards and Commissions Mayor Williams Mayor Williams presented the following names to the Fire Code Board of Appeals: Joe May Design Professional (exp. 2014); Richard Hamlin General Contractor (exp. 2014); Bob Fultz Industrial Safety (exp. 2015). He also presented the name of Jacquie Meck as a reappointment to the Planning Commission (exp. 2015). He asked if there were any objections and none were heard. NEW BUSINESS Budget Transfer Alaska Miners Association, Inc. Membership Moved by Coose, seconded by Sivertsen the City Council approve a budget transfer in the amount of $5,000 from Appropriated Reserves of the General Fund to the City Council s 2012 Dues and Publications Account No. 54 to fund City membership in the Alaska Miners Association, Inc. 3

4 Motion failed with Coose, Sivertsen and Karlson voting yea; West, Harris, Olsen and Williams voting nay; Mayor Williams requested this item come back the next meeting when we have a full Council. Change Order No. 6 to Contract No , Construction Manager/General Contractor Construction Services for the Construction of a New Fire Station Dawson Construction, Inc. Moved by Sivertsen, seconded by Harris the City Council approve Change Order No. 6 in the amount of $150,931 to Contract No , Construction Manager/General Contractor Construction Services for the Construction of a New Municipal Fire Station, between the City and Dawson Construction, Inc.; and direct the city manager to execute the change order on behalf of the City Council. Fire Chief Share answered questions from the Council. Motion passed with Karlson, Harris, Olsen, West, Sivertsen and Coose voting yea; Energy Model and LEED Template Services Ketchikan Public Library, Bettisworth Welsh Whiteley, LLC Tim Whiteley and Roy Rountree of Bettisworth Welsh and Whiteley presented the findings of the Sustainability and LEED scoring for the new public library. Mr. Whiteley handed out information, and Mr. Rountree summarized the report. He reminded the Council asked for an energy and sustainability report for the library project, following the Leadership in Energy and Environmental Design format. He stated it is a standard used to rate modern buildings in terms of how sustainable they are, what kind of features have been put in for sustainability, environmental air quality and energy efficiency. He said there are several parts of LEED, and he went over the checklist which contained components related to sustainable sites, water efficiency, energy & atmosphere, materials & resources, indoor environmental quality, innovation & design process and regional priority credits. Mr. Rountree concluded by noting a couple of features, explaining in today s fuel prices the Centennial Building is costing about $27,600 per year to heat. He said the building is 2000 square feet less than the new library building, and according to the energy model and assumptions made as to how it will operate, it is estimated that the wood pellets for the year will cost about $15,000, a good improvement. He continued they are very proud that what they have given is a very exciting building and will be a building of pride for Ketchikan. 4

5 Mr. Rountree answered questions from the Council. Councilmember Coose commented he did not feel reserving spots for fuel-efficient vehicles and alternative transportation was appropriate. Amendment No. 1 to Contract No , City Hall Siding & Roof Replacement Design Bazan & Associates Architects, Inc. Moved by Sivertsen, seconded by Olsen the City Council authorize the city manager to execute Amendment No. 1 to Contract No , City Hall Siding & Roof Replacement Design, between the City and Bazan & Associates Architects, Inc. in the amount of $30,700; and approve funding from the 2012 Building Maintenance Division s City Hall Siding & Roof Replacement/Front Entrance Remodel Capital Account. Contracts/Grants Administrator Barry answered questions from the Council. He said the current budget should cover the extra work. Motion passed with Sivertsen, Olsen, Karlson, Coose, Harris and West voting yea; Budget Transfer Contract No , Carlanna Project Area Drainages Design, DOWL HKM Moved by Sivertsen, seconded by West the City Council authorize the city manager to enter into Contract No , Carlanna Project Area Drainages Design, with DOWL HKM of Anchorage, Alaska in an amount not to exceed $113,670; approve a budget transfer in the amount of $6,470 from the 2012 Streets Division s Storm Drainage System Improvements Capital Account to the East Branch Hilltop Drainage Replacement Capital Account; and authorize funding from the 2012 Streets Division s Capital Accounts in the amounts detailed in the January 19, 2012 report of the Contracts/Grants Administrator totaling $113,670. Assistant Public Works Director Brakke answered questions from the Council. Contracts/Grant Administrator Barry s memorandum detailed transfers from the following projects: Project Dept Estimated Cost Budget Additional Funding Source of Additional Funding Hilltop Storm Streets $47,000 $47,000 $0 West Branch Hilltop Storm Streets 35,000 35,000 0 East Branch Hilltop Storm Streets 31,670 25,200 6,470 Storm Drainage CIP Total $113,670 $107,200 $6,470 Motion passed with Harris, Coose, Sivertsen, West, Karlson and Olsen voting yea; 5

6 Budget Transfer Contract No , City-Wide Utilities Replacement Design, DOWL HKM Moved by Sivertsen, seconded by Olsen the City Council authorize the city manager to enter into Contract No , City-Wide Utilities Replacement Design, with DOWL HKM of Anchorage, Alaska in an amount not to exceed $487,233; approve budget transfers in the amounts of $132,233 and $34,000 respectively from the 2012 Streets Division s Storm Drainage System Improvements and Water and Tremont Retaining Wall Stabilization Capital Accounts to the Second Avenue, Park & Harris and Schoenbar Storm Drainage Improvements Capital Accounts in the amounts of $84,140, $64,926 and $17,167 respectively; and authorize funding from the 2012 Streets, Wastewater and Water Divisions capital accounts in the amounts detailed in the January 26, 2012 report of the contracts/grants administrator totaling $487,233. Contracts/Grant Administrator Barry s memorandum detailed transfers from the following projects: Project Dept Estimated Cost Budget Additional Funding Source of Additional Funding Chatham Sewer WW $25,000 $25,000 $0 Schoenbar-Park to Fairy Chasm Sewer WW 80,000 80,000 0 Park and Harris Sewer WW 50,000 50,000 0 Total Wastewater 155, ,000 0 Chatham Storm Streets 36,000 36,000 0 Second Avenue Storm Streets 84, ,140 Storm Drainage/Tremont CIP Park and Harris Storm Streets 64, ,926 Storm Drainage CIP Schoenbar Storm Streets 17, ,167 Storm Drainage CIP Total Storm Drainage 202,233 36, ,233 Chatham Water Water 25,000 25,000 0 Schoenbar-Park to Fairy Chasm Water Water 60,000 60,000 0 Park and Harris Water Water 45,000 45,000 0 Total Water 130, ,470 Storm Drainage CIP Total $487,233 $321,000 $166,233 Motion passed with West, Olsen, Karlson, Harris, Sivertsen and Coose voting yea; Budget Transfer Contract No , West End Utilities Improvement Design, DOWL HKM Moved by West, seconded by Olsen the City Council authorize the city manager to enter into Contract No , West End Utilities Improvement Design, with DOWL HKM of Anchorage, Alaska in an amount not to exceed $128,249; approve a budget transfer in the amount of $11,249 from the 2012 Streets Division s Storm Drainage System Improvements Capital Account to the Madison, First, Jefferson and 1 & 1/2 Alley Capital Account; and authorize funding from the 2012 Streets, Wastewater and Water Divisions capital accounts in the amounts detailed in the January 26, 2012 report of the contracts/grants administrator totaling $128,249. 6

7 Contracts/Grant Administrator Barry s memorandum detailed transfers from the following projects: Project Dept Estimated Cost Budget Additional Funding Source of Additional Funding Madison, First, 1&1/2 Alley Sewer WW $50,000 $50,000 $0 Adams Sewer WW 12,000 12,000 0 Total Wastewater 62,000 62,000 0 Adams Pavement and Sidewalk Streets 15,000 15,000 0 Madison, First, Jefferson, 1&1/2 Alley Sidewalk Streets 11, ,249 Storm Drainage CIP Total Storm Drainage 26,249 15,000 11,249 First Avenue and Jefferson Water Water 25,000 25,000 0 Adams Water Water 15,000 15,000 0 Total Water 40,000 40,000 Total $128,249 $117,000 $11,249 Motion passed with Sivertsen, Coose, Harris, Olsen, West and Karlson voting yea; The Council took a short break at 8:30 p.m. and reconvened at 8:35 p.m. Memorandum of Agreement Between the City of Ketchikan and the Ketchikan Gateway Borough for Cost Sharing Regarding Construction of Harbor Infrastructure, More Specifically, a Drive-Down Dock Moved by Sivertsen, seconded by Harris the City Council approve the draft Memorandum of Agreement between the City of Ketchikan and the Ketchikan Gateway Borough for Cost Sharing Regarding Construction of Harbor Infrastructure, More Specifically, a Drive-Down Dock, as recommended by the City of Ketchikan/Ketchikan Gateway Borough Joint Cooperative Relations Committee at its meeting of January 27, 2012 contingent upon successful resolution of the concerns addressed in the city manager s report dated January 27, 2012 and direct the city manager to execute the amended agreement on behalf of the City Council. Councilmember Coose commented on a misleading statement in the document, where Petersburg was given money for a drive-down ramp. He related this is true, but it was done before the lawsuit and was forgiven as part of the lawsuit as it was already installed. Mayor Amylon said he and Mayor Williams met with representatives of the industry earlier this week, and they were quick to point out what Mr. Coose just stated. He explained they are very uncomfortable with any preferences to CPV funds being in the agreement, and they specifically said everything that happened in the past was forgiven as part of the settlement of the lawsuit. Councilmember Coose commented he had no problem splitting the amount of money paid from each entity down the middle, and he hoped it would be a bargaining point. In response to Mayor Williams, Councilmember Sivertsen felt we should stay focused on 7

8 building the drive-down ramp in town. Councilmember Olsen agreed, expressing he was uncomfortable partnering with private industry in this manner. Port and Harbors Director Corporon answered questions from the Council. Motion passed with Coose, West, Harris, Sivertsen, Olsen and Karlson voting yea; Ordinance No Authorizing Junior Lien Obligations Payable from the City s Sewer Fund in the Principal Amount of Not To Exceed $1,700,000 to Finance the Costs of the Alaska Avenue Sewer Main Replacement Project; Approving a Loan Agreement with ADEC for an Initial Junior Lien Loan in the Amount of $1,183,640, Subject to a $177,546 Funding Subsidy (ADEC Loan #481111) Copies of Ordinance No were available for all persons present. Moved by Coose, seconded by Sivertsen the City Council approve in first reading Ordinance No authorizing junior lien obligations payable from the City s Sewer Fund in the principal amount of not to exceed $1,700,000 to finance the costs of the Alaska Avenue Sewer Main Replacement Project; approving a loan agreement with ADEC for an initial junior lien loan in the amount of $1,183,640, subject to a $177,546 funding subsidy (ADEC Loan #481111); and establishing an effective date. Finance Director Newell answered questions from the Council. Motion passed with Karlson, Harris, Olsen, West, Sivertsen and Coose voting yea; Resolution No Approving Loan No to the City by the Alaska Department of Environmental Conservation as Authorized by Ordinance No ; Approving a Form of Loan Agreement; Affirming the City s General Obligation Pledge to Secure Payment of the Loan Moved by Harris, seconded by Sivertsen the City Council approve Resolution No approving Loan No to the City by the Alaska Department of Environmental Conservation as authorized by Ordinance No ; approving a form of loan agreement; affirming the City s general obligation pledge to secure payment of the loan; and establishing an effective date. Motion passed with Sivertsen, Olsen, Karlson, Coose, Harris and West voting yea; Ordinance No Amending Ordinance No to Modify an Existing Loan Under the City s Low- 8

9 Cost Drinking Water Loan Program with the Alaska Department of Environmental Conservation; Authorizing Additional Borrowing Under This Loan Program; Confirming the Junior Lien Pledge of Municipal Utilities Revenue to Secure Such Loans, as Authorized by Resolution Nos and of the City Council and Approved by the Voters at Elections Held on October 5, 2004 and October 4, 2005 Copies of Ordinance No were available for all persons present. Moved by Coose, seconded by Harris the City Council approve in first reading Ordinance No amending Ordinance No to modify an existing loan under the City s low-cost drinking water loan program with the Alaska Department of Environmental Conservation; authorizing additional borrowing under this loan program; confirming the junior lien pledge of municipal utilities revenue to secure such loans, as authorized by Resolution Nos and of the City Council and approved by the voters at elections held on October 5, 2004 and October 4, 2005; and establishing an effective date. Finance Director Newell answered questions from the Council. Motion passed with Harris, Coose, Sivertsen, West, Karlson and Olsen voting yea; Exempting the Procurement of an Annual Maintenance Agreement from CommSoft for the Telecommunications Division from Competitive Bidding/Written Quotation Requirements of the Ketchikan Municipal Code Moved by West, seconded by Olsen pursuant to subparagraph 6 of Section (a) of the Ketchikan Municipal Code, the City Council exempt the procurement of an annual maintenance agreement from CommSoft for the Telecommunications Division from competitive bidding/written quotation requirements of the Ketchikan Municipal Code; authorize the general manager to enter into an agreement for annual maintenance services with CommSoft for an amount not to exceed $87,137.72; and approve funding from the Telecommunications Division s 2012 Information Technology Account No. 75. Motion passed with West, Olsen, Karlson, Harris and Coose voting yea; Sivertsen voting nay; VOUCHERS Moved by Olsen, seconded by West for approval of vouchers to Ketchikan Daily News in the amount of $7, for 2011 and $ for Motion passed with Sivertsen, Coose, Harris, Olsen, West and Karlson voting yea; 9

10 CITY MANAGER S REPORT Schedule of General Government and KPU Appropriated Reserves Through the City Council Meeting of January 19, 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 January 19, Contract No (Construction Manager/General Contractor Construction Services for the Construction for a New Municipal Fire Station) Update Minutes of Weekly Construction Progress Meeting Nos. 41, 42 and 43 Manager Amylon advised Weekly Construction Progress Meeting Nos. 41, 42 and 43 were held in Ketchikan/Anchorage/Bellingham on January 10, 17 and 24, 2012 for Contract No , Construction Manager/General Contractor Construction Services for the construction of a New Municipal Fire Station. He provided copies of the minutes. Contract No , Construction Manager/General Contractor Services for the Construction of a New Municipal Public Library Minutes of Weekly Design/Construction Progress Meeting Nos. 39, 40 and 41 Manager Amylon provided minutes for the weekly design/construction progress meeting Nos. 39, 40 and 41 that were held in Ketchikan/Anchorage/Bellingham on January 10, 17 and 24, 2012 for Contract No , Construction Manager/General Contractor Services for the construction of a New Municipal Public Library. Contract No , Phase I of Berths I and II Replacement Project Weekly Construction Meeting Minutes of January 6, 13 and 20, 2012 Manager Amylon transmitted the January 6, 13 and 20, 2012 minutes for the weekly construction meeting for Contract No , Phase I of Berths I and II Replacement Project Sales Tax Report No. 10 Final Manager Amylon copied the Council with a memorandum from Finance Director Newell in which he points out the sales tax receipts for 2011 are up 5.58% from 2010, making it the second best year on record for sales tax receipts. K.P.U. MANAGER S REPORT General Manager Authorization of Budget Transfer Transfer of Funds from Purchased Power Account to Generation Diesel Fuel Account 10

11 As required by Section (b) of the Ketchikan Municipal Code, Manager Amylon notified the Council of staff s transfer of $349,500 from the Electric Division s 2011 Purchased Power Account to the 2011 Generation Diesel Fuel Account upon the closing of the 2011 books. Report of January 26, 2012 Customer Power Outage Manager Amylon transmitted a memorandum from Electric Division Manager McConnell regarding the power outage of January 26, Acting Telecommunications Division Manager Pending Council approval at the meeting of February 16, 2012 relative to a permanent appointment, Manager Amylon informed the Council as of today he has appointed Marketing Manager Ed Cushing as the Acting Telecommunications Division Manager. He said this was a long process and a difficult decision to reach, but he felt the best interests of the division in the long term will be served by that action. He expressed his appreciation to Dan Lindgren for serving as acting manager since the retirement of Van Abbott. Electric Linemen Manager Amylon said, given the recent and ongoing issue of not being able to get Electric Division linemen to respond after hours, staff sent a couple of linemen home early today and directed them to return this evening due to the forecast of high winds. He stated they wanted to make sure there were people on staff in case the power went out. He expressed this was not a very effective or efficient use of linemen in dispatching them that way, but he didn t know of another alternative under inclement weather that we have a mechanism to have linemen who are going to respond. He explained this is a situation we are going to have to continue until this situation is resolved through either further discussions with IBEW or as part of negotiations for a new collective bargaining agreement. He said he just can t have customers out and not have service restored. Diesel Scrubbers In response to Councilmember Harris, Manager Amylon said staff put in a formal request to the EPA for a one-year delay last week, and will be following up the next couple of days with a phone call on the request. He stated he cannot wait too much longer to have them come back and say no, and get the project designed and built on time. CITY CLERK S FILE None CITY ATTORNEY S FILE None FUTURE AGENDA ITEMS None 11

12 MAYOR AND COUNCIL COMMENTS Councilmember Olsen said he would like whatever committee it is that deals with the Borough to consider the idea of having the City and Borough pool resources to create a larger pool of money and hire a grant administrator (referring to community agency grant requests). He felt each could throw in $300,000 and hire a grant administrator to utilize those funds to go out and help the agencies, leverage those funds and perhaps triple or quadruple the money that they can have by utilizing ours. Mayor Williams said he and Manager Amylon met with the cruise guys and talked to them. He said he was sorry to cancel the meeting on Monday and he hoped it would make everybody s life easier. He encouraged everyone to go through the manager s evaluation form. OTHER NEW BUSINESS None EXECUTIVE SESSIONS None ADJOURNMENT As there was no further business, the Council adjourned at 9:08 p.m. ATTEST: Lew Williams III, Mayor Katherine M. Suiter City Clerk FYI ITEMS INCLUDED January 27, 2012 Edition of the Legislative E-Bulletin Boys & Girls Clubs of Southcentral Alaska s Quarterly Activity Report - October Through December 2011 Ketchikan Area Arts & Humanities Council, Inc. s Quarterly Activity and Financial Reports - October Through December