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City Manager 334 Front Street Ket chikan, AK. 9990 1 Phone (907) 228-5603 Fax (907) 225-5075

TRANSMITTAL MEMORANDUM TO:

The Honorable Mayor and City Council

FROM:

Karl R. Amylon , City Manager

DATE:

October 18, 2017

RE:

Request for Extension of Noise Variance - Front, Mill and Stedman Streets Reconstruction Project, Alaska Department of lransportation & Public Facilities

Pursuant to subsection (3) of paragraph (d) of Section 19.05.030 of the Ketchikan Municipal Code, at its meeting of June 22, 2017, the City Council adopted a motion directing my office to issue the Alaska Department of Transportation and Public Facilities a variance that will allow construction activity to take place after 10:00 p.m. for work associated with ADOT&PF Front, Mill and Stedman Streets Reconstruction Project. As indicated in the attached memorandum from Public Works Director Mark Hilson, ADOT&PF is requesting an extension of the noise variance permit to include work in 2019 subject to the same terms and conditions of the variance that was previously authorized. The requested extension is the result of delays in completing right-of-way acquisition. Mr. Hilson will be attending the City Council meeting of November 2, 2017, in order to address any questions and/or concerns that Councilmembers may have. A motion has been prepared for City Council consideration .

RECOMMENDATION Pursuant to subsection (3) of paragraph (d) of Section 19.05.030 of the Ketchikan Municipal Code, it is recommended that the City Council adopt the motion directing the City Manager to issue the Alaska Department of Transportation and Public Facil ities a variance that will allow construction activity to take place after 10:00 p.m. for work associated with ADOT&PF Front, Mill and Stedman Streets Reconstruction Project subject to the following terms and conditions: 1. This noise variance applies from the time period of May 1, 2019 to September 30, 2019; 2. Construction activities will occur from 3PM to 1AM; 3. Paving and line painting may occur from 1OPM to 6AM; and 4 . No construction may occur on Fridays or holidays during the period of May 1, 2019 to September 30, 2019.

Recommended Motion: I move the City Council direct the City Manager

to issue the Alaska Department of Transportation and Public Facilities a variance that will allow construction activity to take place after 10:00 p.m. for work associated with ADOT&PF Front, Mill and Stedman Streets Reconstruction Project subject to the following terms and conditions : 1. This noise variance applies from the time period of May 1, 2019 to September 30, 2019; 2. Construction activities will occur from 3PM to 1AM; 3. Paving and line painting may occur from 10PM to 6AM; and · 4. No construction may occur on Fridays or holidays during the period of May 1, 2019 to September 30, 2019.

AGENDA- 11/02/17- GGNB3

PUBLIC WORKS/ ENGINEERING DEPARTMENT

Mark Hilson, P.E., Public Works Director Seth Brakke, P.E., Assistant Public Works Director Kara Jurczak, P.E., Senior Project Engineer

CllY OF KETCHIKAN Administrative Offices PH: 907.228.4727 FAX: 907.225.8721

MEMORANDUM TO:

Karl Amylon, City Manager

FROM:

Mark Hilson, P.E., P.W. Director

CC:

Kara Jurczak, P.E., Senior Project Engineer

DATE:

October 18, 2017

SUBJECT:

Second Request for Noise Variance Front, Mill, and Stedman Streets Reconstruction Project Christopher Goins, P.E., Alaska Department of Transportation & Public Facilities

At its meeting of June 22"d, 2017, the City Council adopted a motion directing the City Manager to issue the Alaska Department of Transportation & Public Facilities (ADOT & PF) a variance that allows construction to take place after 10:00 PM. The conditions ofthe variance were: 1. This noise variance applies from the time period of May 1, 2018 to September 30, 2018; and, 2. Construction activities will occur from 3PM to lAM; and, 3. Paving and line painting may occur from lOPM to 6AM; and, 4. No construction may occur on Fridays or holidays during the period of May 1, 2018 to September 30, 2018. By letter dated September 19, 2017, and attached hereto, Christopher Goins, P.E., on behalf of the ADOT & PF has submitted a second request for relief from complying with the City of Ketchikan's Noise Ordinance. This second request indicates that the ADOT & PF project is now tracking on the later of the two schedules presented by Mr. Goins at the June 01, 2017 City Council meeting. According to Mr. Goins, the bidding ofthe project is delayed because there is one property where the necessary right of way has not yet been acquired. Absent right of way clearance, ADOT & PF is not able to advertise for bids. This later schedule shows work on Stedman Street south of the red bridge to Deermount Street occurring from May 1st through September 30th, 2019. I have confirmed with Mr. Goins that all work (including paving) north of the red bridge is still scheduled to be complete in 2018. Should the City Council be inclined to approve the extension of the Noise Variance, I believe it would be appropriate to attach the same conditions, with updated dates, to this approval.

RECOMMENDATION

Pursuant to subsection {3) of paragraph (d) of Section 19.05.030 of the Ketchikan Municipal Code, it is recommended that the City Council adopt the motion below, directing the City Manager to issue the DOT & PF a variance that will allow construction activity to take place after 10:00 p.m. for work associated with DOT & PF Front, Mill and Stedman Streets Reconstruction Project with the following conditions : 1. This noise variance applies from the time period of May 1, 2019 to September 30, 2019; and, 2. Construction activities will occur from 3PM to lAM; and, 3. Paving and line painting may occur from lOPM to GAM; and, 4. No construction may occur on Fridays or holidays during the period of May 1, 2019 to September 30, 2019. Recommended Motion: Pursuant to subsection (3) of paragraph (d) of Section 19.05.030 of the

Ketchikan Municipal Code, I move the City Council direct the City Manager to issue DOT & PF a variance that will allow construction activity to take place after 10:00 p.m. for work associated with the DOT & PF Front, Mill and Stedman Streets Reconstruction Project subject to the following conditions : 1. This noise variance applies from the time period of May 1, 2019 to September 30, 2019; and, 2. Construction activities will occur from 3PM to lAM; and, 3. Paving and line painting may occur from lOPM to GAM; and, 4. No construction may occur on Fridays or holidays during the period of May 1, 2019 to September 30, 2019.

Department of Transportation and Public Facilities SOUTHCOAST REGION C.~OVERNOR

BILL

v\' ALKER

6860 Glacier Highway PO Box 112506 Juneau, Alaska 99801-2506 Main: (907} 465-1799 Toll free: (800) 575-4540 Fox: (90 7) 465-2030 TIY-TDD: {800}770-8973 dof.sfafe.ak.us

September 19,2017 Mark Hilson Public Works Director . City of Ketchikan 334 Front Street Ketchikan, AK 9990 1

Project No. Z681600000 KTN: Front, Mill, and Stedman Streets Reconstruction Project Night Work Permit Request Dear Mark, With regard to the above referenced project, the Alaska DOT &PF is requesting an extension of the Noise Variance Pe1mit to include work in 2019 subject to the same conditions as the variance granted on June 27, 2017. As we have recently discussed right-of-way acquisition has lasted longer than expected and one propelty is yet to be fully acquired. This means the project will need to be constructed over two seasons. As a result schedule alternate two discussed in previous public meetings will be in the contract. As of right now, tllis will result in work in 2018 from the tmmel up to and including the Ketchikan Creek Bridge, and work in 2019 from the Ketchikan Creek Bridge to Dee1mont Street. If you have further questions or follow up you can reach me via e-mail at [email protected] or by phone at 907-465-4443 . Thank you for your time and careful consideration.

Clu·istopher Goins Design Group Chief cc: Pat CatTail, P.E., Southcoast Region Preconstruction Engineer D. Lance Mearig, P.E., Southcoast Region Director

"Keep Alaska Moving through serl'ice and il?fi·astructure. ··

June I, 201 7 Counc ilmember Coose echoed Councilmember Sivertsen' s comments and said the discussion between staff and The Great Alaskan Lumberjack Show be brought back as an agenda item at the next C ity Council meeting in order to keep this project moving forward. Councilmember Flora commented on behalf of the Port and Harbors Advisory Board that there was very little discussion regarding 408 dredge plan. He said the Board has concerns regarding maintenance and the adverse impacts that would be passed along to the City and would also like as an agenda item at the next City Council meeting. Manager Amylon informed the Council of a discussion staff had with the Army Corps of Engineers today regarding the permit application that is pending. He said the Army Corps wants to see continued support from the Council in an affirmation that they understand the dredge limits are changing, and if the small portion on the outside of the dredge limits requires future dredging it will not be the responsibility of the Army Corps of Engineers. He stated thi s information would be included in his letter to the Army Corps of Engineers. Motion passed with Coose, Zenge, Gage, Flora, Kiffer, Sivertsen and Isom voting yea.

Request tbr Noise Variuce- Froat; MiD aod Stedman Stiiets ReceustnetieD Projed, Alaslia DgartmeD Of Traaspet1atioo &: Public Fuilities

MOVed by Sive~

~onded by Coose pursuant to subseaion (3) of paragraph (d) of Sedion 19.05.030 of the Ketchikan Municipal Code, the City Council direct the city manager to issue the Alaska Department ofTmnsportation and-public Facilities a variance that will allow construction Ktivity to take p•e after 10:00 p.m. for work associated with ADOT 8i. PF Front, Mill and Stedman Streets ~nstructlon Project.

Chris Goins, Projett Engineering Miiiiger, and GaiiifPaul as the Construction P~ect Manager, from the Deparbnent of Transportation & Public Facilities, gave a detailed presentation on the Front, Mill and Stedman Streets ~o~tion Project. Mr. GoinS saia lie iod Other staff me worked haRt to adaiess some of the concerns brought forth by lOCal businesses in Ketchikan regardiag the request for a noise variance. He presented the eight phase, fifteen component phasing plan for tlie chikan Front, Mill & Stedman Street Reconstruction Project to the Council~ said his group broke the project down p~e by piece and ~tegory to come up with a plan with the intent to do the least amount of disruption during ea£h construction c~nent, which included working nights versus days during our cruise ship season. He iiidicatoothe plan for the winter months is get all the sidewalks done for the entire project. e sa a lot ofthe heavy oonstnrction wouta ppeo during the winter 100nths.

Mr. Goins stated as long as the alllhe right-of-way acquisitions go as pliiiited; they hope to start the project in October 2017 and complete by August 2018. e samifihere were delays in the ~quisitions, it could prolong the project to alternate phase 2 and the end date would be extended. Mr. Goins answ Page 4

June 1, 2017

Moved by lsom, S«onded by Sivertsen to defer until the next City Co~il meeting. Motion tmsed to defer with Gage, Kiffer, Sivertsen and Isom voting yea; Coose, Zenge and Flora voting nay. Change Order No. 1 (Final) to Contract No. 17-01, Berths I and II Rehabilitation- Phase IVa, Pool Engineering, Inc. Moved by Sivertsen, seconded by Kiffer the City Council approve Change Order No. 1 (Final) to Contract No. 17-01 Phase IVa of the Berth I and II Rehabilitation project with Pool Engineering, Inc. in the amount of $23 0,433; authorize funding in the amount of $58,000 from the approved project contingency and authorize a budget transfer in the amount of $ 172,433 from Berth I & II Rehabilitation Capital Account, bringing the total contract cost to $810,3 83, and direct the city manager to execute the change order on behalf of the City Council. Councilmember Sivertsen spoke to the bidding process so we don't have these misunderstandings. He said from the City Council 's stand point the process needs to be fair and direct so everyone is bidding with the same requirements with no misunderstandings. He said it didn't sound as ifthere was clear and concise direction until we received notification from the State of Alaska regarding the mechanical admini strator requirement. Port & Harbors Director Corporon summarized the details of the project. He felt because the addendum was issued stating a mechanical administrator was not required, and that Pool Engineering would still be the low bidder with this change order, and the contractor should be compensated . Councilmember Sivertsen voiced his concerns and noted we need to make sure our bid documents are following State rules and statutes so this doesn't happen again. Motion passed with Coose, Zenge, Gage, Flora, Kiffer, Sivertsen and Isom voting yea.

Resolution No. 17-2667 - Authorizing an Application for Department of Homeland Security Port Security Grant Program (PSGP) Funding for Equipment and Training in Support of Marine Response and Firefighting Moved by Kiffer. seconded by Gage the City Counc il approve Resolution No . 17-2667 authorizing an application for Department of Home land Security Port Security Grant Program funding for equipment and training in support of marine response and firefighting; an establishing an effective date. Councilmember Sivertsen expressed his concerns on purchasing a boat of this size and c ited areas in Southeast that do not have fire boats. He noted maintaining a boat of this size would be costly to the C ity of Ketchikan even after you purchase it. He stated he is not advocating that we don't need a fire boat, but fe lt there need s to be a discussion on type and size of fire boat that Ketchikan needs before a commitment is made. Page 5

June 15, 2017

Change Order No. 2 to Contract No. 16-33 - Centennial Building Restroom and Gallery Expansion, Dawson Construction LLC Moved by Kiffer, seconded by Isom the City Counci l approve Change Order No. 2 in the amount of $19,564.36 to Contract No. 16-33 Centennial Building Restroom and Gallery Expansion Project, between the City of Ketchikan and Dawson Construction, LLC; authorize funding from the Museum Department's Centennial Building Gallery Expansion and Restroom Renovations Capital Account; and direct the city manager to execute the change order on behalf of the City Council. Motion passed with Coose, Zenge, Gage, Isom, Kiffer and Sivertsen voting yea; Flora absent.

Change Order No.1 to Contract No. 17-02- Hole-In-The-Wall Floating Breakwater Replacement, Pool Engineering, Inc. Moved by Kiffer, seconded by Isom the C ity Council approve Change Order No. 1 providing a net credit in the amount of $1,643.50 to Contract No. 17-02, Ho le-in-the-Wall Floating Breakwater Replacement, between the City of Ketchikan and Pool Engineering, Inc.; and direct the city manager to execute the change order on behalf of the City Council. Motion passed with Coose, Zenge, Gage, Isom, Kiffer and Sivertsen voting yea; Flora absent.

UNFINISHED BUSINESS

Reauest fer Noise VariMu - Frent, MiD and Stedman Streets Reconstruction Project, Alaska Devartmeot Of TransPOrtation & Public FacilitieS- Deferred from June l, 2817 The motion ~urrently on the floor as deferml on June 1, 2017 is: MOVe'il bY Sivertsen, secOfllkd by Coose pursuant to subMction (}) ofJX1IYl81T!J1h @)ofSection 10.05.030 ofthe ktchikon Municipal Code, the City Council direct the city manager to issue the Alaslw Department of Transportation and Public Facilities a variance that will allow construction activity to take ace after 10:00 p.m. for work associated with ADOT & PF Front, Mill and Stedman Streets Reconstruction Project. l'ed by lsom, seronded tiy no later than II p.m.

iffer to amend ttie main motion to modify the llOS variaJK:e to

Councilmember Zenge thought ere were other options that we should look. at and noted Andrew's suggestion. She also felt we needlOmove forward with~ projea.

KaY

COUJtCilmemtiii Coose stated he would not support the motion as is, and noted the ~o~tion sfiOiild start earlier in the day and avoid the night work in front of die hotels.

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June 15, 2017

Coun£ilmember Gage feh even if work was during the summer tlii times am be changed to a£coml'lt0date all; a lot of the cruise ships are gone by 3 p.m. Vice-Mayor Stvertsen said he has ooncerns with the Department of Transportation and their lack of communication. e felt CouocilmemBer scm's amendment didn't fix the problem. Councilmemtiei were beard.

withdrew her motion with COD£UI'I'elree of the seconder.

o objections

Councilnlem6er som stated we need to ~~entrate on the noise of the amstrudion, not the traffic; it will be a mess no matter what time of the day. Manager Amylon stated the Department of Transportation will need to resolve these issues almost immediately to be able to meet tlii Odober I st start date or you run tlie riSk. of extending this project to two years. He said it's oot an ideal situation in any case, tiut the work needs to be done.

COUD£ilmember Coose suggested representatives frOm T come to the next Coum:il meeting to answer questions. said we need to (Onsider the impact on the local businesses as well as the auise ship traffic. Manager Amylon suggested a special meeting and would oontact the DOT representatives to see if they are available. 'Moved by Coose. seconded tiy enge to defer until tlie next City Co~UK:il meeting.

Mdion to defer passed with Coose, Zeoge, G~ lsom, Kiffer and Sivertsen voting yea; Flora absent. NEW BUSINESS

Authorizing Projects for Nomination Under a National Infrastructure Program Moved by Coose, seconded by Kiffer the City Council authorize the city manager to submit Federa l Community Project Requests to the State of Alaska for infrastructure funding as detailed in staff s report dated June 6, 201 7. Public Works Director Hilson answered question from the Council. Motion passed w ith Coose, Zenge, Gage, Isom, K iffer and Sivertsen voting yea; Flora absent. Moved by Coose. seconded by Kiffer the City Counc il authorize the city manager to enter into an amendment in the amount of $ 129,000 to the professiona l services agreement between the City and Stephl Engineering LLC for expedited design of Phase II of the Tongass Avenue Sewer Force Main Rehabilitation and Gravity Sewer Replacement Proj ect; and approve a budget

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June 22, 2017

Special Ketchikan City Council meeting was called to order by Mayor Williams at 7:00 p.m., June 22, 2017, with the following members present: Dick Coose, Mark Flora, Julie lsom, David Kiffer, Robert Sivertsen, Janalee Gage and Judy Zenge. The Pledge of Allegiance was given by all persons in the Chambers. Staff present were Manager Amylon, Public Works Director Hilson, Police Chief White and Deputy City Clerk Stanker.

COMMUNICATIONS Mayor Williams noted a laid on the table regarding the Department of T ransportation noise variance request for the Front, Mill and Stedman Street Reconstruction Project.

PERSONS TO BE HEARD Kay Andrew, owner of the Gilmore Hotel, informed the Council that they had met with Mr. Goins today from the Department of Transportation, and were able to come to an amicable agreement that wou ld work for the community and keep the project on track. She thanked the Council for listening to the community's concerns regard ing this issue. Mark Hilson, Public Works Director, shared Kay Andrew's appreciation for the community's willingness to meet and discuss this matter. He said they had reached a compromise whereby the construction would occur from 3 p.m. to 1 a.m. He informed the Counci l there are three key elements of today's discussion: to endorse a noise variance that would extend from 10 p.m. to 1 a.m.; paving and line painting done from 10 p.m. to 6 a.m. and no work on Fridays and holidays. Chris Goins, representing the Department of Transportation, said he appreciated all the parties invo lved who came to the meetings and gave input. He clarified the noise variance would be in effect from May 1st to September 30th and thanked the Council for their time. Tim Lewis, representing Cape Fox Hotel, thanked the Council for listening to their concerns and for schedu ling a time to meet with the representatives from the Department of Transportation. He said they had arrived at a great resolution today for everyone involved.

UNFINISHED BUSINESS

The motion before the Coun£il that was deferred from June 15 2017 City CoVKil meeting was:

MOVed by Sivertsen, S«onded by Coose pursuant to subSCd:ion (3) of paragnpfi {d) of Sedion 19.05.030 of the Ketchikan Municipal Code, the City Council dired the city manager to issue the Alaska nt of Transportation and~ubl~ Facilities a variance that will allow construdioo

June 22, 2017

a£tivity to take place after I 0:00 p.m. for work asS<Xiated with Alaska Department Of Transportation & Piitili£ Fa~ilities' ~root, Mill and Stedman Streets Reconstruction rojed. Mayor Williams asked staff for clarifrartion. ~anager

Amylon said if the Council is satisfied with what Putili£ Works""Director ilson and tile other people said tonight, he would ta e that as direction from Council and put it in writing to the Department of Transportation to serve as Council approval the noise variam:e request. Mayor Williams asked Council if they had any objections; none were heard.

MOtion passed with£enge, Coose, Gage, lora, Kiffer, Sivertsen and lsom voting yea. NEW BUSINESS - None MAYOR AND COUNCILMEMBER COMMENTS Councilmember Coose thanked staff, the Department of Transportation and the hotel owners for working together to make this work. Councilmember Zenge and Councilmember Gage echoed Councilmember Coose' comment. Councilmember Isom thanked C hief White for hav ing his police officers work the Shoe SoleStice Event Saturday night. She said it brought in a lot of money having them walk the runway holding stilettoes and des igner handbags. Councilmember Kiffer thanked all the parties involved in the negotiatio ns today, and for making their job a whole lot easier. Mayor Williams said he had had an interesting past eleven days dealing with medical issues. He went on to say he didn't know how his treatment would affect him and if he could remain in this position, but would see how he feels. He thanked everyone for all their support, flowers and prayers.

ADJOURNMENT As there was no further business, the Council adjourned at 7:10 p.m.

Lew Williams III, Mayor ATTEST:

Kim Stanker, CMC Deputy City C lerk 2

Alaska DOT&PF Christopher Goins- Engineering Manager Garrett Paul- Construction Project Manager

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Phasing Alternate 1 Phasin~ Alternative

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Phasing Alternate 2

Phasing Alternative 2

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8A WINTER SHU TDOWN

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Contact information christopher. goins@alaska. gov

THANK YOU

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