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HomeMy WebLinkAbout02142011 City Council PacketSeward City Council Agenda Packet Happy Valentine's Day! February 14, 2011 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska d CITY COUNCIL MEETING AGENDA N-A�narka clry► {Please silence all cellular phones and pagers during the meeting} II February 14, 2011 7:00 p.m. Council Chambers Willard E. Dunham Mayor Term Expires 2011 Jean Bardarson Vice Mayor Term Expires 2012 Robert V aldatta Council Member Term Expires 2011 Tom Smith Council Member Term Expires 2011 Vanta Shafer Council Member Term Expires 2011 Marianna Keil Council Member Term Expires 2012 Ristine Casagranda Council Member Term Expires 2012 Phillip Oates City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska February 14, 2011 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. February is Library Lovers Month................................Pg. 3 B. City Manager's Report C. City Attorney Report D. Mayor Report E. Borough Assembly Report F. Other Reports and Presentations 1. "Smoke Free Seward" presentation by Jill Simpson of Seaview mity Center. UNFINISHED BUSINESS A. Ordinance for Enactment — postponed from the January 24, 2011 meeting. 1. Ordinance 2010-009, Amending Seward City Code Section 5.35.055 To Create A Revenue Source For Repayment Of The $3.73m General Obligation Bond For Construction Of The Seward Community Library Museum By Establishing A Variable Seasonal Sales Tax That Increases The City Of Seward Rate To 5% During April Through September Of Each Year And Reduces The Rate To 3% In October Through March Of EachYear........................................................................... Pg. 4 Council Agenda Page 1 8. NEW BUSINESS A. Resolutions * 1. Resolution 2011-008 Authorizing The City Manager To Submit A Prop( Exxon Valdez Oil Spill Trustee Council For A Vessel Wash Down Pad For' Marine Industrial Center In The Amount Of$739,100............................ . 2. Resolution 2011-009, Amending The Surveillance Camera Policy..................Pg. 20 3. Resolution 2011-010 Approving A Temporary Contract For Animal Control Services With Jennifer Roy, Dba Carpe Canis In The Amount Of $6,023.34 Per Month ...... Pg. 25 4. Resolution 2011-011 Supporting The Lowell Point Road As A Statewide Transportation Improvement Plan Project And Working With The Kenai Peninsula Borough To Seek Funding For The Required 10% Local Match.......................Pg. 39 B. Other New Business Items * 1. Approval Of The Minutes from the January 24, 2011 City Council Regular Meeting and the January 27, 2011 City Council Special Meeting.................................Pg. 43 2. Schedule a work session for home health operations and home health aides for either March or April. 3. Schedule a joint work session with the Planning and Zoning Commission to go over their 2011 year priorities for Tuesday, March 29, 2011 at 6:00 p.m. 9. INFORMATIONAL ITEMS AND REPORTS 1. Letter written to State of Alaska Commissioners and Cabinet Members from the Mayorand Vice Mayor................................................................................. Pg. 65 10. COUNCIL COMMENTS 11. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak. ] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. ADJOURNMENT City of Deward, Alaska Council Agenda February 14, 2011 Page 2 Sponsored by: Oates Introduction: January 10, 2011 Public Hearing: January 24, 2011 Postponed to: February 14, 2011 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2010-009 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE SECTION 5.35.055 TO CREATE A REVENUE SOURCE FOR REPAYMENT OF THE $3.73M GENERAL OBLIGATION BOND FOR CONSTRUCTION OF THE SEWARD COMMUNITY LIBRARY MUSEUM BY ESTABLISHING A VARIABLE SEASONAL SALES TAX THAT INCREASES THE CITY OF SEWARD RATE TO 5% DURING APRIL THROUGH SEPTEMBER OF EACH YEAR AND REDUCES THE RATE TO 3% IN OCTOBER THROUGH MARCH OF EACH YEAR WHEREAS, the City of Seward and the Seward Community Library Museum Building Committee have been working since 2003 to obtain funding and design a new library museum; and WHEREAS, the Seward Community Library Museum Building Committee and the City of Seward have secured $5.1 Million in State and private foundation funding and $1.1 Million in grant applications are pending; and WHEREAS, in October 2009 voters approved a General Obligation bond in an amount not to exceed $5 Million for construction of the library/museum; and WHEREAS, the administration and project managers have estimated that $3.73 Million will be needed to complete the project as currently projected; and WHEREAS, the annual debt service cost for a 25-year $3.73 million General Obligation Bond at an interest rate of 4.5% is approximately $249,000 per year; and WHEREAS, a revenue source is necessary to establish and pay the debt service on a General Obligation Bond; and WHEREAS, sales tax is a revenue source by which city residents, local residents, and visitors will all contribute to the construction and operating costs of the new library museum; and WHEREAS, the current City of Seward sales tax rate is 4% and is combined with a Kenai Peninsula Borough sales tax rate of 3% for a total rate of 7%; and CITY OF SEWARD, ALASKA ORDINANCE 2010-009 WHEREAS, a variable seasonal sales tax that increases the current City of Seward sales tax 1 % to a rate of 5% from April through September and decreases the current City of Seward sales tax 1 % to a rate of 3% from October through March would generate approximately $348,000 in additional tax revenue each year for the City; and WHEREAS, the variable seasonal sales tax would result in a combined Borough and City sales tax rate of 8% from April through September and 6% from October through March; and WHEREAS, the variable seasonal sales tax proposed above would keep year-round taxes at current levels for full-time residents of Seward when their purchases are spread equally throughout all months of the year; and WHEREAS, the combined Kenai Peninsula Borough and City of Seward variable seasonal sales tax of 8% from April through September and 6% from October through March is expected to provide sufficient revenue to repay principal and interest on a 25 year $3.73 Million General Obligation Bond, allow completion of the new library museum project, and provide approximately $99,000 annually to assist in paying for the increases in personnel and operating costs for the new library museum; and WHEREAS, according to State law, a tax imposed solely for the purpose of repayment of debt is not subject to voter referendum, however in this case, the seasonal sales tax will generate more annual revenues than is necessary solely to repay debt, and will therefore this ordinance may be subject to a voter referendum; and WHEREAS, the current City Council of the City of Seward recommends to a future City Council that this sales tax change should sunset when the $3.73 Million General Obligation Bond is paid in full. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 5.35.055 is amended as follows (strike out = deletions; bold italics = additions): 5.35.055. Computation; addition of tax to total retail price; tax schedule. (a) The amount of the sales tax to be added to the sales price, charge or rental shall be three (3) percent from October 1 through March 30 and five (5) percent from April 1 through September 30 of the sale price, charge or rental rounded off to the nearest cent by eliminating any fraction of one-half cent or less and by increasing any fraction over one-half cent to the next highest cent. Each seller shall be furnished the schedule of tax payable on each taxable amount from $0.01 to $100.00. Any one sale of items separately priced shall be taxed upon the aggregate amount. Beginning April 1, 2003 5 CITY OF SEWARD, ALASKA ORDINANCE 2010-009 (b) The revenue from a coin -operated machine shall be treated in gross on a monthly basis, without reference to the amount paid or placed on a particular transaction. Section 2. These changes to the City of Seward sales tax rates are for the purpose of paying the annual debt service for a 25-year $3.73 Million General Obligation Bond, to complete the library museum project, and to cover a portion of the added annual operating costs. Section 3. Section I of this ordinance shall become effective April 1, 2011. This ordinance shall take effect 30 days following passage and posting. ENACTED by the City Council of the City of Seward, Alaska, this _ day of , 2011. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) I THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor Council Agenda Statement Meeting Date: January 10, 2011 From: Phillip Oates, City Manager Agenda Item: A ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Section 5.35.055 to create a revenue source for repayment of the $3.73M General Obligation Bond for construction of the Seward Community Library Museum by establishing a variable seasonal sales tax that increases the City of Seward rate to 5% during April through September of each year and reduces the rate to 3% in October through March of each year. BACKGROUND & JUSTIFICATION: Since 2003, the City of Seward has been working on a plan to build a new library museum. As of November 2010 architects completed design documents to 65% with a goal of completing construction documents in January, ground breaking in April -May 2011, and completion of the project in August 2012. Project and construction management have been hired. The Seward Community Library Museum Building Committee (SCLMBC) has spearheaded project predevelopment activities and fundraising efforts. SCLMBC and City Administration have presented over thirty Resolutions to Council since 2003 that either supported, funded or authorized the project progress. As a result, the City received an appropriation of $4.7M from the State of Alaska in July. The Rasmuson Foundation committed $500,000 in November and $1.1 M in grant applications have been submitted. In October 2009 voters approved a General Obligation (GO) bond in an amount not to exceed $5 Million for construction of the library museum. Since that approval, City Administration and project managers have estimated that as currently projected $3.73 Million will be needed to complete the project. This ordinance requests that the City Council create a variable seasonal sales tax as a source of revenue to repay the proposed $3.73M GO bond as the City of Seward portion of the cost of constructing the library museum. A sales tax is a revenue source where city residents, local residents, and visitors all contribute to the construction and operations costs of the new library museum. The annual debt service for a 25-year $3.73 Million General Obligation Bond at an interest rate of 4.5% is approximately $249,000 per year. A variable seasonal sales tax that increases the current City of Seward sales tax 1% to a rate of 5% from April through September and decreases the current City of Seward sales tax 1% to a rate of 3% from October through March would generate approximately $348,000 in additional tax revenue annually for the City. Such a variable seasonal sales tax would result in a total Borough and City sales tax rate of 8% from April through September and 6% from October through March. This variable seasonal sales tax would keep year-round taxes at current levels for full-time residents of Seward when their purchases are spread equally throughout all months of the year. The City of Seward variable seasonal sales tax of 5% from April through September and 3% from October through March is expected to provide sufficient revenue to repay principal and interest on a 25 year $3.73 Million General Obligation Bond, allow completion of the new library museum project, and provide approximately $99,000 annually to assist in paying for the increases in personnel and operating costs for the new library museum. The proposed ordinance also establishes a recommendation from the current City Council to a future City Council that this sales tax change should sunset when the $3.73 Million General Obligation Bond is paid in full. 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. INTENT: This ordinance requests that the City Council create a variable seasonal sales tax as a source of revenue to repay the proposed $3.73M GO bond as the City of Seward portion of the cost of constructing the library museum. ATTORNEY REVIEW: Yes FISCAL NOTE: The variable seasonal sales tax covers capital debt annual payments and provides approximately $99,000 per year for increased personnel, maintenance, and operating costs of the new library museum. Estimated additional annual personnel, maintenance, and operating costs - as noted in the business plan - are $260,000. This leaves a shortfall of approximately $161,000 dollars each year since annual funding to cover the remainder of these costs has not been identified. There are three important points to note here. First, because the proposed seasonal sales tax will generate more money than is needed to cover the annual debt service payments on the bonds, this ordinance may be subject to voter referendum. Second, the City Council has expressed its intent to delay identifying additional revenues to cover the remaining shortfall related to operating costs until preparation of the biennial budget. This annual shortfall is estimated at $161,000 even after the seasonal sales tax is implemented. To cover costs of this magnitude would require, for example, an increase in the mill rate of 0.54 mills equal to $108 per year on a house valued at $200,000 or, alternatively, a 0.18 percent increase in the sales tax rate. However, if a funding source for these costs is not identified prior to submittal of a bond application to the Alaska Municipal Bond Bank, it will weaken the City's application for bond financing. Third, if the seasonal sales tax sunsets upon maturity of the bonds, there will be an additional annual operating cost shortfall at that time of approximately $99,000 (based on today's costs). Approved by Finance Department ;��`�� RECOMMENDATION: Approve Ordinance 2010-009 to establish a variable seasonal city sales tax as a revenue source to pay the debt service of a $3.73M GO Bond for the library museum project. N Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO THE EXXON VALDEZ OIL SPILL TRUSTEE COUNCIL FOR A VESSEL WASH DOWN PAD FOR THE SEWARD MARINE INDUSTRIAL CENTER IN THE AMOUNT OF $739,100 WHEREAS, the Seward Marine Industrial Center (SMIC) operates a 250-ton Marine Travelift and completes an average of 85 lifts each calendar year; and WHEREAS, the SMIC yard currently operates without a means to wash and collect waste water from vessel cleaning operations; and WHEREAS, the standard operating procedure is for each vessel to have a tarp placed under to vessel to collect debris, and this mechanism for collection of bottom paint and hull washing water would be improved with the installation of a concrete wash down pad and water treatment system; and WHEREAS, the benefits for this project include convenience for customers and businesses looking to perform routine maintenance on their vessel, and environmental benefits from the collection of wash water and bottom paint; and WHEREAS, this project is recommended in the Seward Marine Industrial Center's Development Plan as adopted by City Council Resolution 2008-33 under the Environment and Waste Management section. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to submit a proposal to the Exxon Valdez Oil Spill Trustee Council for a vessel wash down pad for the Seward Marine Industrial Center in the amount of $739,100. Section 2. This resolution shall take effect immediately. q Council Agenda Statement Meeting Date: February 14, 2011 Through: Phillip Oates, City Manager From: Kari Anderson, Seward Harbormaster Agenda Item: A resolution in support of a proposal to the Exxon Valdez Oil Spill Trustee Council for a vessel wash down pad for the Seward Marine Industrial Center. BACKGROUND & JUSTIFICATION: The Exxon Valdez Oil Spill Trustee Council has released their invitation for proposals for federal fiscal year 2012. The invitation calls for proposals in the four focus areas of 1.) herring; 2.) long-term monitoring of marine conditions and injured resources; 3.) harbor protection and marine restoration and 4.) lingering oil. The harbor protection and marine restoration area is further divided into additional sections including: 1.) storm water, wastewater, and harbor projects; 2.) marine debris removal and 3.) response, damage assessment, and restoration implications. Additional information maybe found at the EVOS website at: www.evostc.state.ak.us/ The City of Seward intends to submit a proposal for a vessel wash down pad for vessels lifted at the Seward Marine Industrial Center utilizing the 250-ton marine travelift. This wash down pad will allow for the collection wash water, marine bio-fouling, and loose hull material (such as bottom -paint). This proposal will be for full funding of all permitting, engineering, materials, and construction for this vessel wash down pad. This infrastructure upgrade was discussed at length in the 2009 Seward Marine Industrial Center Uplands Operational Analysis completed by Northern Economics. The Ports of Wrangell, Valdez, and Kodiak have concrete wash down areas for vessels utilizing their marine travelifts. INTENT: To support a proposal to the Exxon Valdez Oil Spill Trustee Council for a vessel wash down pad at the Seward Marine Industrial Center. 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: Yes (List Below) No 1. Seward Marine Industrial Center Development Plan Develop environmentally acceptable repair stations... Pave wash down station with rain water encapsulations. 2. Strategic Plan Economic Base, Improve and Expand Maritime Facilities FISCAL NOTE: This proposal to the Exxon Valdez Oil Spill Trustee Council will be for an amount of $739,100 to include mobilization, sitework and materials, electrical work, engineering fees, and a City of Seward 10% grant management overhead fee. There is no required match for this grant. The construction costs for this project were estimated b PND Engineering, Inc. Approved by Finance Department: 10 ATTORNEY REVIEW: Yes No X RECOMMENDATION: The City Council approves Resolution No. PW 00% authorizing the City Manager to submit a proposal to the Exxon Valdez Oil Spill Trustee Council for a vessel wash down pad at the Seward Marine Industrial Center. N Comm unity Belie its: Invasive Species that may have attached to a vessel in another port would be washed and removed from the vessel before entering the Seward Harbor. Contamination from bottom paint or stormwater runoff will be collected and properly disposed of, instead of entering into the ground, nearby Project Proposal for the EVOS Trustee Council Invitation for Proposals Federal Fiscal Year 2012 The City of Seward is developing a vessel washdown facility to operate in conjunction with the 250-ton Marine TraveLifft. The existing Seward Marine Industrial Center (SMIC) boat yard currently operates without a means to wash and collect waste water from vessel cleaning operations. Standard bottom paint removal practices and hull washing can create hazardous waste water that could potentially run into near -by salmon streams or re-enter Resurrection Bay. The SMIC Vessel Washdown Project is designed for marine vessels to be positioned over a paved area for high pressure washing. This ` washdown" will allow for the removal of marine growth and loose hull ma- terial (such as bottom -paint). The waste from wash- ing will be collected within a closed system whereby the effluent is treated for recycling of the water. streams or Resurrection Bay The proposed system may utilize a water treatment Vessel owners will have a convenient system manufactured by Oiltrap Environmental, Inc. The system will comprise of a grit chamber for method to clean their hulls before initial collection of wash material and large volume performing painting, repairs, or an- water storage. Washwater will then be treated by nual maintenance I l e ecrocoagu anon, an electrical -based technology that removes a broad range of contaminants including bottom -paint, heavy metals, emulsified oil and suspended solids. Periodic maintenance �► F "ett and flushing of the system will be required for handling of the wastewater. It is anticipated that approximately twice per year the system will be t , flushed of used washwater and sludge. This waste will be removed by a licensed company 5 specializing in industrial waste disposal. Sludge will also be collected, sampled and finally trans- ported to a hazardous waste collection site for proper disposal. I2�_ Exxon Valdes Oil Spill Trustee Council Invitation for Proposals Federal Fiscal Year 2012 Released November 12, 2010 175 L HARBOR PROTECTION AND MARINE RESTORATION Damage to natural resources occurs not only with an initial oil spill, but also potentially through additional injury to the affected environment. This subsequent insult can result from well - intended but ultimately damaging spill response efforts. In addition, additional pollution from human uses in and around the spill area can further compromise the recovery of the natural resources initially injured by the spill. Thus, the following three components focus Council efforts to mitigate sources of additional pollution in the spill areas and to organize, preserve and pass on information gained in the response to EVOS. a. Storm water, wastewater, and harbor projects Each harbor, marina, boatyard and vessel in Alaska has the potential to generate some incremental pollution. This type of non -point source pollution, if unmitigated, ultimately affects the water quality in the marine coastal environment. Incremental pollution can stress the health of the ecosystem needed to support recovering resources resulting from the spill. Chronic marine pollution stresses fish and wildlife resources, possibly delaying recovery of resources injured by the oil spill. For example, with regard to the worldwide mortality of seabirds, the effects of chronic marine pollution are believed to be at least as important as those of large-scale spills. In the 1994 Restoration Plan, Council identified reduction of marine pollution as a type of general restoration: removal of a' ounce of stress that may delay natural recovery. H Exxon Valdez Oil Spill Trustee Council IFFY 2012 invitation The pollutants that might be generated at a marina and enter a marina basin include nutrients and pathogens (from pet waste and overboard sewage discharge), sediments (from parking lot runoff and shoreline erosion), fish waste (from dockside fish cleaning), petroleum hydrocarbons (from fael and oil drippings and spills form solvents), toxic metals (from antifoulants and hull and boat maintenance debris), and liquid and solid wastes (from engine and hull maintenance and general marina activities). The construction of a marina can create a condition of reduced water circulation. Installation of bulkheads and jetties, which are necessary to ensure the safety of vessels, docks, and shorelide structures, can cause water circulation in the basin to be below what it was before the marina's construction. Over time, reduced circulation and increased pollutant generation can increase pollutant concentrations in the water column, sediments, and aquatic organisms. The fact that a marina is present does not mean that water quality is poor. Many marinas may have fair to excellent water quality. Despite this, their aquatic habitats might not be healthy enough to support a natural diversity of aquatic organisms, and may still have sediments contaminated by pollutants from storm water runoff or by antifoulants leached from ship hulls or piers. The implementation of effective pollution reduction projects and techniques will be dependent upon the individual harbor and marina. Many coastal communities in the spill area have a limited ability to collect and properly dispose of waste, such as oily bilge water, used engine oil, paints, solvents, and lead -acid batteries. Improper disposal of these wastes in landfills adversely affects the quality of nearby marine waters through runoff and leaching. In some cases, these wastes are discharged directly into marine waters. The Council has approved the funding of several projects to prepare waste management plans and has contributed to their implementation. These projects resulted in the acquisition of waste oil management equipment and the construction of environmental operating stations for the drop- off of used oil, household hazardous waste and recyclable solid waste in Cordova, Valdez, Chenega Bay, Tatitlek and Whittier, Kodiak and lower Cook Inlet. Best management practices for both storm water and harbors also exist for minimizing potential environmental impacts to the marine environment. Activities may include, but are not limited to best management practices listed in the Alaska Storm Water Guide and Alaska Clean Harbors Guide. See References. In addition, please be aware that there are legal restrictions on the use of the Council's funds. These include a restriction on funding "normal agency activities" or funding activities that are legally required. The Council seeks to further reduce pollution in the marine environment to contribute to the recovery of injured natural resources and proposes to fund this program with $1,700,000 over an up to five-year contract period. PLEASE NOTE: Council multi -year funding must be approved annually by the Council. In Addition, projections of future funding are also dependent upon investment funds which are affected by market fluctuations. b. Marine debris removal Exxon Valdez Oil Spill Trustee Council FFY 2012 Invitation Marine debris is an issue in the marine and near -shore environment in Alaska, where it is likely that thousands of tons of marine debris exist within three nautical miles of the AIaska coastline. Marine fish and wildlife become entangled in and ingest debris from foreign and domestic sources that may be a day or decades old and that range from small plastic items to very large fishing nets. Approximately 175 metric tons of debris was collected from Alaska coasts by citizen cleanup projects in 2007. Marine debris removal projects can result in an immediate improvement to the coastal habitat. Coastal communities are effective in marine debris cleanups due to their intimate knowledge of the locations of debris accumulation. In addition, when communities participate in marine debris cleanups, they often alter the common practices that led to marine debris as their awareness of the effects of the debris on their coastline and the fisheries upon which they depend increases. Marine debris removal reduces marine pollution affecting injured resources and services and, thus, further supports natural restoration. For the purposes of this invitation, marine debris is defined as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment located within the area of focus. Because of the ocean currents and weather patterns in this region, a significant amount of debris found is likely to have originated outside of the area. The Council is interested in receiving proposals from an organization or team that will develop and implement a community -based marine debris removal program. The Council proposes to fund a marine debris removal program with $1 million over an up to two-year contract period. PLEASE NOTE: Council multi -year funding must be approved annually by the Council. In addition, projections of future funding are also dependent upon investment funds which are affected by market fluctuations. Activities may include, but are not limited to: I. Assessment of existing debris in the region for prioritization and planning of specific actions, as well as selection of best practices for accomplishing program goals. 2. Detection, assessment, and/or removal of persistent debris, including derelict fishing gear, such as abandoned crab pots, fish nets, and monofilament line, from coastal habitats and removal of debris washed up on shorelines. 3. Detection, assessment, and/or removal of debris from marine, estuarine or beach environments resulting from point -in -time events (i.e., vessel groundings, storms, etc.). 4. Use of strategies, methods, priorities and plans for the detection, safe removal, and responsible disposal of derelict fishing gear and associated marine debris impacting or expected to impact habitat affected by the spill. Applicable management practices and local or regional protocols may already exist and, where possible, these should be applied. However, the program may also include defining best management practices and local or regional protocols where necessary. &ron Valdez Oil Spill Trustee Council FFY 2012 Invitation 5. Prevention, outreach, education and/or volunteer activities. Proposers are encouraged to include education and outreach as a component of removal activities. These activities should include the public and other stakeholders, such as the fishing industry, fishing gear manufacturers, other marine -dependent industries, and the plastic and waste management industries. c. Response, DanaageAssessment and Restoration Implications Damage to natural resources occurs not only with an initial oil spill, but also potentially through spill response efforts. Damage assessment from the 1989 spill has yielded information that can assist in mitigating damage from spill response activities in future spills. Skilled damage assessment also quantifies the extent of injury and allows for the accurate monitoring and measurement of restoration after a spill. Organizing, preserving, and passing on such information will help responders and those conducting future damage assessments. These efforts ensure that restoration efforts are truly effective. Outreach efforts could include a conference or series of papers sharing information to be used by future responders, including natural resource assessment, the long-term costs of high-pressure washing, use of dispersants in the near -shore, sub -arctic environment, and the effects of potential burning scenarios. The Council proposes to fund this effort with $700,000 over a up to five-year contract period. PLEASE NOTE: Council multi -year funding roust be approved annually by the Council. In addition, projections of future funding are also dependent upon investment funds which are affected by market fluctuations. Considerations Applicable to Proposers The Harbor Protection and Marine Restoration focus area contains three subject areas to be funded under this Invitation: "Storm Water, Wastewater, and Harbor Projects," "Marine Debris Removal" and "Response, Damage Assessment and Restoration Implications." These three, separate subject areas will be administered as multi -year contracts with a Council -funded program for each subject area. There is no required length of contract, though the Council has contemplated implementation over a 2-5 year period, as appropriate. Proposing entities may submit proposals in more than one focus area, and organizations and individuals may participate in more than one competing proposal within a single focus area. The following are mandatory renuirements, for potential proposers. Proposals that do not meet each of these criteria will be considered non -responsive to the Invitation and excluded from the review process. Proposers must demonstrate that they have: 1. A proposal which is focused within the oil spill -affected area; 2. A proposal which responds to one of the Harbor Protection and Marine Restoration subject areas described under this focus area. 3. A proposal for a program that complies with the Council's founding documents and related data and reporting policies and procedures. See References. 4. An existing administrative structure to manage funds and projects; the proposer may be an existing organization or collaboration among existing entities and individuals. 5. A structure to communicate with the Council through a single Team Leader; regardless of the structure of the proposers, they must produce a single, comprehensive proposal. III Exxon Valdez Oil Spill Trustee Council IFFY 2012 Invitation 6. A Team Leader who will work with and be responsive to Council's objectives and requirements. 7. A Team Leader who will facilitate the most cost-effective and scientifically -supportive stream of funding among the parties and projects involved. 8. A program technical panel to review potential projects and give guidance and oversight on the direction of the program. 9. The ability and commitment to make all data, documents, annual and final reports available electronically to the public. 10. A mechanism for public outreach and opportunities for public comment on program activities. The following are 2Lqf6rred requirements for potential proposers. Proposers that meet the requirements will be rated more highly during the review process. The Council is seeking a proposal in each of these three subject areas that: 1. Implements a reduction and removal program with clearly identified goals (broad in scope) and specific, measurable objectives, including realistic and detailed timelines and milestones. 2. Continues to reassess the program's progress and relevancy and considers newly -available technologies. 3. Demonstrates an understanding and synthesis of existing technical and scientific literature, research results, and technical and scientific knowledge that includes outcomes of prior Council work and which recognizes the available technical and research infrastructure. 4. Demonstrates an effective and balanced use of funds, including establishing appropriate collaborations with other organizations and experts, achieving the most efficient use of Rinds, and taking optimal advantage of existing infrastructure. This includes collaborations among entities such as public and nonprofit organizations, corporations and businesses, and federal, state, and local government to cooperatively implement the proposed projects. 5. Provides a detailed plan for local and native community involvement in the program. 6. Provides a detailed public outreach plan that describes specific products. This could include the creation and dissemination of simple web -accessible exhibits, newsletters disseminated to spill communities and other data users, real-time data streaming for use in public settings like aquaria and visitor's centers, and submissions to public data consortiums. 7. Demonstrates a credible feasible, and detailed, realistic and detailed administrative structure and technical and scientific implementation of the program, including project team qualifications (education, experience, related work efforts, proposed time commitment, past performance), and availability of facilities or other requirements necessary for project success. 8. For Marine Debris: a. provides a final report with the total amount of debris removed, total areas cleaned or restored, types of debris encountered, and volunteer hours involved; b. presents a written safety plan for all project related activities, including management of volunteers. The safety plan should consider safety at the site during N Exxon Valdez Oil Spill Trustee Council FFX 2012 Invitation and after project implementation, and potential safety concerns with regard to the current and future use of the site; and c. provides a public outreach plan that can effectively educate the public with the goal of altering debris -creating human practices and habits. The following are mandatory requirements for each fiscal year of the program. The submitted budget for each year shall include the staffing and funds necessary to meet these requirements. 1. An annual report must be presented to the Council that includes the following: a. A financial accounting of any Council funding in the past year including a comparison of the requested budget versus the actual budget. b. A summary of the projects funded, including brief annual reports from each. 2. A funding request must be presented to the Council each fiscal year and will include the following: _ a. An administrative budget that details the cost of running the program. b. An executive list and summary of projects recommended for funding and the technical and scientific basis thereof SCl Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SURVEILLANCE CAMERA POLICY WHEREAS, the City of Seward has used surveillance cameras as a protective measure and a deterrent since the current system was installed in 2004; and WHEREAS, when used properly surveillance cameras help to lower crime and protect critical, expensive infrastructure as well as public and private property; and WHEREAS, in April 2009 Seward City Council instructed administration to draft a policy for the installation and use of surveillance cameras in public places and council adopted the Surveillance Camera Policy by Resolution 2010-028 on March 22,2010; and WHEREAS, the City of Seward Council met in a work session on November 8, 2010 for the purpose of identifying concerns related to the policy, and the attached policy revisions reflect the outcome of that meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward Surveillance Camera Policy to herby amended as attached to this resolution. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14h day of February 2011. AYES: NOES: ABSENT: ABSTAIN: VACANT: THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor Im Council Agenda Statement Meeting Date: January 24, 2011 Through: Phillip Oates, City Manager','� From: Tom Clemons, Chief of Police Agenda Item: Amending the Surveillance Camera Policy BACKGROUND & JUSTIFICATION: In April of 2009 City Council directed administration to draft a policy regarding surveillance cameras. That policy is attached and Council approval being requested. Since 2004, the City of Seward has developed a system of fifteen surveillance cameras through out the city. These cameras were installed to help protect City infrastructure and property and to help deter crime. Initially crime, such as vandalism, was reduced in the area, even where no camera was placed or the camera was inoperable. When used properly surveillance cameras help to lower crime and protect critical, expensive infrastructure. The Seward City Council held a work session on November 8, 2010 to revise the accepted Surveillance Camera Policy. The council addressed concerns related to public privacy, acknowledgement of the cameras, and audits of the system. In the amended policy all cameras will have signage that indicates surveillance operations, property owners will be notified when cameras inadvertently overlap into their property, and random audits will occur at least two times annually. 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. INTENT: This resolution requests that Council approve the amended Surveillance Camera Policy. ATTORNEY REVIEW: The City Attorney reviewed the Surveillance Camera Policy. FISCAL NOTE: There is no financial impact associated ith the policy changes. Approved by Finance Department RECOMMENDATION: Approve Resolution 2011- amending the City Surveillance Camera Policy. 601 21 City of Seward Surveillance Cameras Policy I. PURPOSE The placement of surveillance cameras in the City of Seward area will contribute to public safety for residents and visitors by employing a system that incorporates modern technology for video monitoring, storage, and retrieval. This system will improve the Department's awareness of public safety emergencies, help prevent and detect criminal activities, and support the apprehension and prosecution of those responsible for unlawful activities. This "smart -policing" technology, combined with the confidence and trust of our residents, can help to improve public safety. All cameras will have signage that indicate surveillance operations This policy establishes rules for employing and using the surveillance system, achieving program goals, and protecting the rights all citizens have for privacy. All public surveillance cameras will be noticed. II. DESIGN SPECIFICATIONS A. The video surveillance system used by the City of Seward Police Department will utilize multiple fixed and adjustable cameras focused on predetermined areas in public places. Cameras shall be situated in a manner and location that will maximize the field of view of public areas to protect infrastructure and improve public safety. Camera placement will minimize the potential and inadvertent capture of images from areas where a reasonable expectation of privacy exists. Property owners will be notified when cameras inadvertently overlap into their property B. In any location where the view of any camera may compromise a citizen's privacy expectation the Chief of Police or \designated staff, shall review the camera's location to relocate the unit or employ window -blanking technology to eliminate the potential for video intrusion. All findings will be reported in writing to the City Manager. C. The system shall be equipped with Pan, Tilt, and Zoom (PTZ) cameras that allow operators to manipulate the framing or focal length of a video image only for the specific purpose of monitoring suspicious persons or activities or as the result of a Call -For -Service (CFS). D. The City of Seward MIS Department in coordination with the Police Department will have authority to install, service, and maintain the surveillance camera system. III. RACIAL PROFILING/NONDISCRIMINATION No operator shall select any person for observation in view of the surveillance camera system based solely on their race, ethnicity, or sex. The surveillance camera system shall only be used for purposes directly related to public safety, infrastructure protection, or authorized internal or criminal investigations. The surveillance camera system shall not be used to track individuals arbitrarily, or based on race, gender, ethnicity, sexual orientation, disability or other classifications protected by law. — Page 1 of 3 Approved by Resolution 2010-028 on March 23, 2010 2-2 Operators shall make specific observations of individuals based only on articulable reasonable suspicion that the person may be or may have been involved in criminal activity, or as the result of a Call -For - Service to law enforcement for criminal activity in the area of the camera's viewing parameters. IV. STORAGE/RETRIEVAL OF IMAGES Video images captured by the surveillance system will be automatically recorded over after 31 days unless the Department or other law enforcement agency submits a request to review the captured images for a legitimate criminal investigation. Access will be limited to those individuals described in Section VI below. V. IDENTIFYING MONITORED ZONES The City of Seward surveillance camera system shall be equipped with capabilities that provide an audit trail of system use and user access. The Chief of Police and designated staff will investigate complaints of improper use of the system. All findings will be reported in writing to the City Manager. Random audits will occur at least two times annually. VI. USER ACCESS Authorized users will be limited to those law enforcement employees with a specific, ongoing need to access the system for the purpose of crime prevention and the detection, identification, or apprehension of individuals as a result of a safety emergency response or authorized criminal investigation. All users require the approval of the Chief of Police or the Acting Chief of Police. All persons designated as authorized system users shall receive training and a unique user identification in order to access the system. Images stored on servers shall only be accessed and retrieved by authorized system users, after approval of the Chief of Police, in response to public safety emergencies, authorized internal or criminal investigations, or legally requested copies under of the Public Information Act. The Police Department will charge a $30 fee for legally requested copies of surveillance camera footage. VII. UNUSED VIDEO DATA Video data that is not retained for evidentiary purposes, public safety reasons, or as a result of a court order will not be reproduced, distributed, provided, or shown to other persons without approval of the City Manager. IX. VIDEO DATA AS EVIDENCE Video data retained for evidentiary purposes shall only be reproduced for the purpose of case filing and pre-trial discovery with the approval of the District Attorney. All copies will be accounted for in the Department's Evidence storage system. The City of Seward surveillance camera system will be randomly audited, to ensure that the system is being used appropriately. Page 2 of 3 Approved by Resolution 2010-028 on March 23, 2010 2.3 X. PAN, TILT & ZOOM (PTZ) CAMERA USAGE A. All active observation operations employing PTZ cameras shall be done as the result of specific articulable probable cause. B. PTZ camera operators are responsible for protecting the public's right to privacy. C. PTZ camera operators are forbidden from looking at non-public areas and areas in which there is a reasonable expectation of privacy. D. PTZ camera operations will be audited for misuse violations. E. PTZ camera images and operators are subject to the all the items in this policy. XI LOCATION OF CAMERAS City Council approval is required of all surveillance cameras locations in areas other than the critical infrastructure identified in the latest vulnerability assessment for the City of Seward from Alaska Homeland Security. Any exception to this requirement for a covert surveillance camera requires the approval of the City Manager and the City Council will be notified as soon as an arrest has been made. Exceptions could also occur as directed by court order. XII. POLICY VIOLATIONS Unauthorized access to the City of Seward surveillance camera system, misuse of the camera system, unauthorized reproduction of surveillance camera images, or unauthorized distribution of camera images by city employees will result in immediate suspension pending an investigation to determine the appropriate disciplinary action. This disciplinary action includes the possibility of termination from employment. Page 3 of 3 Approved by Resolution 2010-028 on March 23, 2010 /—I Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A TEMPORARY CONTRACT FOR ANIMAL CONTROL SERVICES WITH JENNIFER ROY, DBA CARPS CANIS IN THE AMOUNT OF $6,023.34 PER MONTH WHEREAS, the City has an existing contract with Jennifer Roy (contractor) to provide Animal Control services for the City of Seward; and WHEREAS, the existing contract has a clause that allows the term of the contract to be extended annually thereafter for no more than two one year extensions; and WHEREAS, the contractor has given notice that she will be moving from the Seward area; and WHEREAS, the contractor is willing to provide the same service until a new contractor can be awarded this service; and WHEREAS, the contract term is temporary, starting January 1, 2011 and running until a new contractor is in place; and WHEREAS, the amount of the contract is based on a monthly payments of $6,023.34 rate based on the original annual contract amount of $72,280.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The extended contract for animal control services for the monthly payment amount of $6,023.34 is approved and awarded to Jennifer Roy, dba Carpe Canis. The contract will be effective January 1, 2011 until a new contractor is in place. Section 2. Funding for this contract is included in the 2011 Budget in the animal control contracted services account no. 101-1212-5390. 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 14`" day of February, 2011. 23 Council Agenda Statement Meeting Date: February 14, 2011 Through: Phillip Oates, City Manage From: Thomas Clemons, Chief of Police Amanda Item: Animal Control Contract BACKGROUND & JUSTIFICATION• The City of Seward has an existing contract with Jennifer Roy, dba Carpe Canis to provide animal control services. The existing contract expired on December 31, 2010 but allowed an extension of two (2) one year extensions and Carpe Canis has continued to provide services to the City. Jennifer Roy (contractor) has decided to move from Seward but is willing to continue her services until anew contractor is in place. It is recommended that we extend this contract monthly until a new contractor is in place, not to exceed two years, and payment for these services will be in the amount of $6,023.34 per month. This amount is based on the current contract annual payments of $72.280.00 divided by twelve monthly payments of $6,023.34. The contract term will be retroactive from January 1, 2011 and continue until a new contractor is in place. The City intends to issue an RFP for animal control services. CONSISTENCY CHECKLIST• Yes 1. Comprehensive Plan 2. Strategic Plan 3. Other: 4. Not applicable X FISCAL NOTE: There is no increase to the approved FY 2011 budget. A-7v Km ty Kt-N l t vj : Es Im RECOMMENDATION: Council approve resolution 2011-O(D authorizing the City Manager to enter into contract services with Jennifer Roy, dba Carpe Canis, in the amount of $6,023.34 per month until a new contractor is in place, and appropriating funds. EXTENSION AND AMENDMENT TO CONTRACT FOR ANIMAL CONTROL SERVICES WHEREAS, the CITY OF SEWARD (the "City") entered into a Contract for Animal Control Services, effective January 1, 2008 ("Contract") with JENNIFER CARRICK, d.b.a. Carpe Canis ("Contractor"); and WHEREAS, the Contract term extended to December 31, 2010 with the possibility of two one year extensions; and WHEREAS, the Contractor does not desire to extend the Contract for a full one year term but is willing to continue providing services on a monthly basis to allow the City to issue a Request for Proposals and select another contractor to provide animal control services; NOW THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to extend and amend the Contract as follows: 1. Section 4, Subsection A, of the Agreement is amended to replaced with the following: This contract is extended on a month to month basis until the earlier of December 31, 2011 or when a new contractor selected by the City is in place. All terms and conditions of this contract shall remain in effect during the extended period. 2. The first sentence of Section 5, Subsection A, is deleted and replaced with "Upon condition of satisfactory performance in all respects by the Contractor and subject to the remainder of this section," EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the Agreement and any amendments remain in full force and effect. Effective the 1 st day of January 2011. JENNIFER CARRICK, d.b.a. CITY OF SEWARD Carpe Canis Jennifer Carrick Date L� Phillip Oates, City Manager Date ATTEST: Johanna Kinney, CMC City Clerk (City Seal) CITY OF SEWARD, ALASKA CONTRACT FOR ANIMAL CONTROL SERVICES In consideration of the mutual promises herein, the CITY OF SEWARD, an Alaska municipal corporation (the "City"), and JENNIFER CARRICK, d.b.a. Carpe Canis, enter into the following contract as of the 1 st day of January, 2008. This contract consists of: A. Part I, consisting of 13 sections of Special Provisions; and B. Part II, consisting of 12 sections of General Provisions PART I SPECIAL PROVISIONS Section 1 - Definitions. In this contract: A. "Administrator" means the Chief of Police of the City or an authorized designee. B. "City" means the City of Seward, Alaska. C. "Contractor" means JENNIFER CARRICK, d.b.a. Carpe Canis. D. "Department" means the City Police Department. Section 2 - Scope of Services. A. The Contractor shall perform the services described in this section, and shall furnish all labor, materials, equipment and supplies required to provide such services, except for the items to be provided by the City under Section 5.B of the Special Provisions. B. The Contractor shall provide all animal control services for the City in accordance with the Contractor's proposal dated January 1, 2008, which is attached to the contract entered into on the Is' day of January, 2008, and incorporated herein by reference. The services to be provided by the Contractor shall include without limitation the following: flay& 1 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 2-9 1. Patrol the City and apprehend stray animals running at large, on public or private property. 2. Be available 24 hours a day to respond to emergency calls related to animals. 3. Issue citations to persons violating the City's animal control ordinances, and respond to and handle complaints concerning animals. 4. Provide City dog license application forms, and issue City dog licenses. 5. Maintain a clean environment in the animal shelter, and provide food and water for impounded animals. 6. Keep the animal shelter staffed and open to the public during publicized hours and by appointment as needed. 7. Euthanize animals, using approved schedule 11 drugs or other humane measures; properly dispose of deceased animals. Supervise any volunteers or employees who may work in or about the animal shelter. C. The following Contractor services shall have the highest priority: Proper care, feeding, maintenance and disposal of animals at the animal shelter. 2. Responding to complaints concerning animals, and investigating and following up on complaints. 3. Patrolling the City on a random schedule, looking for violations of the City's animal control ordinances. D. The Contractor shall collect fees for dog licenses, and impoundment and feeding fees for animals at the animal shelter in accordance with Chapter 9.05 of the City code. The Contractor shall establish a separate bank account for the deposit of fees collected under this contract, and shall deposit any fees collected at least daily, except for weekends and holidays. The Contractor shall issue serially numbered receipts for all fees collected. The Contractor shall remit to the City all fees collected during a month with an explanation of what the fees were collected for. E. No claim for services in addition to those specifically described in this section shall rIa7e 2 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 3® be allowed by the City or the Administrator. The Contractor may, however, at her own expense provide such other services as are appropriate and not inconsistent with this contract. Section 3 - Contract Administrator. The Administrator shall: A. Receive all information and notices that the Contractor is required to communicate to the City under this contract. B. Administer this contract. C. Secure the cooperation of City personnel necessary to assist the Contractor's performance hereunder. Section 4 - Term, Time for Performance. A. This contract extension becomes effective on January I'`, 2008, and shall remain in effect until December 31, 2010. This contract may be extended annually thereafter for no more than two one year extensions. All terms and conditions of this contract shall remain in effect during the one-year extension periods. B. The Contractor shall continue providing such services for the term of this contract under A of this section, or until such services are sooner terminated under Section 7 of the Special Provisions C. Completion of the term of the Contractor's performance shall not affect the parties' other obligations under this contract and all other provisions of this contract shall continue in full force and effect. Section 5 - Compensation. A. Upon condition of satisfactory performance in all respects by the Contractor and subject to the remainder of this section, the City shall pay the Contractor a total sum not to exceed $72,280 annually for services rendered in accordance with this contract. Compensation shall be paid to the Contractor in monthly installments of $6,023.33 Installments shall be due on the later of (i) the first day of the month, or (ii) the date the Contractor submits her fees collected with an explanation of what the fees were collected for flaye 3 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 3� B. In addition to the compensation under A of this section, the City will provide the following to the Contractor: (i) the existing City animal shelter building; (ii) fixtures, equipment and supplies on hand at the City animal shelter at the commencement of the contract term; (iii) all utilities for the City animal shelter except telephone; (iv) property insurance for the City animal shelter; and upon approval of the administrator equipment, furniture or tools as required. C. The Contractor shall be entitled to no compensation under this contract beyond the scope of the City's express obligations under this section. Section 6 - Termination of Contractor's Service. The Contractor's services under this contract may be terminated: A. By mutual consent of the parties. B. For the convenience of the City, provided that the City notifies the Contractor in writing of its intent to terminate under this paragraph at least 10 days prior to the effective date of the termination. C. For cause, by either party where the other party fails in any material way to perform its obligations under this contract; provided, however, that as a condition of the exercise of its right of termination under this paragraph the terminating party shall notify the other part of its intent to terminate this contract and state with reasonable specificity the grounds therefore, and the defaulting party shall have failed within 30 days of receiving the notice to cure the default. D. Termination under this section shall not affect the parties' continuing obligations under this contract and all other portions of this contract shall continue to be in full force and effect. Section 7 - Duties Upon Termination. A. If The City terminates the Contractor's services for convenience, The City shall pay the Contractor her fees for work performed and for her actual costs reasonably incurred in performing before the termination. Payment under this subsection shall not exceed the total compensation allowable under Section 5 of the Special Conditions. All finished and unfinished documents and materials prepared by the Contractor under this contract shall become the property of the City at its option. Rays 4 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 3Z B. If the Contractor's services are terminated for cause, The City shall pay the Contractor its fees for work performed and for its actual costs reasonably incurred in connection with services satisfactorily provided that payment shall not exceed ninety percent (90%) of the total compensation authorized under this contract rendered prior to termination less any damages suffered by the City because of the Contractor's failure to perform satisfactorily. Any finished or unfinished documents or materials prepared by the Contractor under this contract shall become the property of the City at its option. C. If the Contractor receives payments exceeding the amount to which she is entitled under subsection A or B of this section she shall remit the excess to the City within 30 days of receiving written notice to do so. D. The Contractor shall not be entitled to compensation under this section until the Contractor has delivered to the Administrator all documents, records, work product, materials and equipment owned by the City, related to this contract and requested by the Administrator. E. If the Contractor's services are terminated, for whatever reason, the Contractor may not claim any compensation under this contract, other than that allowed under this section. F. The City shall not be obligated to pay any claim by the Contractor for services provided or costs incurred after the effective date of termination under this section. Section 8 - City's Right to Enter Shelter. Notwithstanding any other provision of this contract, and without the City assuming any obligation to do so, the City may enter and take possession of the City animal shelter and correct any hazardous or unsanitary conditions therein if the City reasonably believes that such action is necessary for the health and safety of animals in the City animal shelter. Unless the City elects otherwise in writing, such entry and retaking of possession shall continue only as long as necessary to correct the hazardous or unsanitary conditions, and shall not terminate this contract or relieve the Contractor of any obligation hereunder. Section 9 - Insurance IIa7c 5 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES A. During the contract term, the Contractor shall procure and maintain at its expense the insurance described in this section subject to the terms and conditions set forth in this section Workers Compensation Minimum Limits $100,000 Employers Liability and Statutory Workers Compensation as required by Alaska State Workers Compensation Statutes Comprehensive General Liability Minimum Limits Bodily Injury and Property Damage Liability;$5,000,000 Combined Limit Each Premises Operations including Occurrence explosions; Products and Compete Operations; Broad Form Property Damage; Blanket Contractual; Personal Injury Comprehensive Automobile Liability Bodily Injury and Property Damage including all owned, hired and non - owned vehicles. Excess Liability Insurance Umbrella Form Blanket Fidelity Bond To protect against loss of receipts Minimum Limits $1,000,000 Combined Limit per accident Minimum Limits $1,000,000 Combined Bodily Injury and Property Damage Minimum Limits $6,000 per occurrence B. All insurance policies shall provide for 30 days' notice to the City of cancellation and/or material change in policy terms. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to the City. The Contractor shall furnish to the City, certificates evidencing that it has procured the insurance required herein prior to the commencement of the contract term. C. All of the insurance policies required above shall provide that the insurers waive their rights of subrogation against the City and its officers, agents and employees. Hays 6 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 34 The Contractor further agrees to waive and agrees to have its insurers waive any rights of subrogation (whether by loan receipts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether insured or not. The City also shall be named as an additional insured on any general liability insurance policy maintained by the Contractor as required above, excluding coverage for claims resulting from the City's sole negligence. The Contractor shall promptly and without request by the City supply the City with copies of all insurance binders and policies. Section 10 - Assignment. Unless otherwise allowed in writing by the Administrator, any assignment by the Contractor of its interest in any part of this contract or any delegation of duties under this contract shall be void, and any attempt by the Contractor to assign any part of its interest or delegate duties under this contract shall give the City the right immediately to terminate this contract. Section 11 - Assignment. A. Except as otherwise provided herein, all data, documents and materials produced by the Contractor under this contract shall be the property of the City, which shall retain the exclusive right to publish, disclose, distribute and otherwise use, in whole or in part, any such data, documents or other materials. B. Equipment and supplies purchased by the Contractor with contract funds shall be the sole property of the City. Section 12 - Notices. Any notice pertaining to the subject matter of this contract shall be either personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following address: The City: Chief of Police City of Seward P.O. Box 167 Seward, AK 99664 The Contractor: Jennifer Carrick P.O. Box 2934 IIayc 7 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 35 Seward, Alaska 99664 PART II GENERAL CONTRACT PROVISIONS Section 1 - Relationship of Parties. The Contractor shall perform its obligations hereunder as an independent contractor of the City. Neither the Contractor nor any employee of the Contractor shall represent herself to be an employee of the City. Section 2 - Inspection of Facilities, Inspection and Retention of Records. A. The City may, at a time during the Contractor's hours of operation, inspect the City animal shelter and any vehicles and equipment that the Contractor uses to perform services under this contract. Such inspections are solely for the benefit of the City, and not for the benefit of the Contractor or any third person. The exercise by the City of its rights under this paragraph shall not imply any obligation to do so nor any obligation to do so in any particular way. B. The Contractor shall, at any time during normal business hours and as often as the City may deem necessary, make available to the City for examination all of its records with respect to all matters covered by this contract for a period ending three years after the date the Contractor is to complete performance in accordance with Section 2 of the Special Provisions. Upon request, and within a reasonable time, the Contractor shall submit such other information relating to her activities under this contract to the City in such form and at such times as the City may reasonably require. The Contractor shall permit the City to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this contract. The City may, at its option, permit the Contractor to submit its records to the City in lieu of the retention requirements of this section. Section 3 - Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. Section 4 - Nondiscrimination. hays 8 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 3( The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital status or mental or physical disability. Section 5 - Permits, Laws and Taxes. The Contractor shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance under this contract, including but not limited to an Alaska drivers license and state and city business licenses. All actions taken by Contractor under this contract shall comply with all applicable statutes, ordinances, rules and regulations. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 6 - Non -waiver. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provision, nor in any way affect the validity of this contract or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section 7 - Amendment. This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties, and such writing shall be attached to this contract as an appendix. Section 8 - No Rights Conferred on Others. Nothing contained herein shall confer any right upon any person other then the parties hereto. Section 9 - Severability. If a court of competent jurisdiction finds any provision of this contract to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this contract in all other respects shall remain valid and enforceable. Section 10 - Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other then those contained herein; and this contract shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. Section 11 - Jurisdiction; Choice of Law. IZIWE 9 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES 31 Any civil action rising from this contract shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Kenai. The law of the State of Alaska shall govern the rights and obligations of the parties under this contract. Section 12 - Indemnity. The Contractor shall indemnify, defend, save and hold the City harmless from claims, lawsuits or liability, including attorney's fees and costs, allegedly arising out of the course of or as a result of the Contractor's performance pursuant to this contract. IN WITNESS WHEREOF, the parties have executed this contract annual extension as of the date first written above. CITY OF SEWARD Phillip Oates City Manager [SEAL] ATTEST: Jean Lewis, CMC City Clerk CONTRACTOR Jennifer Carrick, d.b.a. Carpe Canis flays 10 City of Seward, Alaska CONTRACT FOR ANIMAL CONTROL SERVICES Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE LOWELL POINT ROAD AS A STATEWIDE TRANSPORTATION IMPROVEMENT PLAN PROJECT AND WORKING WITH THE KENAI PENINSULA BOROUGH TO SEEK FUNDING FOR THE REQUIRED 10% LOCAL MATCH WHEREAS, Lowell Point Road is a narrow, one lane gravel road that provides the only terrestrial access the City of Seward has to Seward's wastewater treatment facility which is critical infrastructure; and WHEREAS, the City's sewer lines to the treatment facility, electric and telephone lines all run under this road; and WHEREAS, it is also the only access point for many Seward residents and small businesses; and WHEREAS, high traffic usage and environmental interference have created life/safety issues of increasing concern for the City, Kenai Peninsula Borough and State officials; and WHEREAS, storm surges and tidal surge events have caused erosion problems occasionally making the road impassable; and WHEREAS, the extensive, coastal damage caused by such events has made it necessary for the City of Seward and the Kenai Peninsula Borough to seek emergency state and federal funding fearing loss and/or damage of critical infrastructure or loss of human life; and WHEREAS, the cost of maintenance, mitigation and repair of the road exceeds the funding available from the City of Seward, Kenai Peninsula Borough and State government; and WHEREAS, in 2010, the City of Seward and Kenai Peninsula Borough nominated Lowell Point Road on the Statewide Transportation Improvement Plan (STIP); and WHEREAS, the required local 10% match is identified in the nomination packet; and WHEREAS, in order to retain the Lowell Point Road project on the STIP list, the City and Borough must seek funding to meet the required 10% match; and WHEREAS, the City and Borough have agreed to partner their efforts and move forward to seek money for the local match. ,39 CITY OF SEWARD, ALASKA RESOLUTION 2011-011 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council Supports the Lowell Point Road as a Statewide Transportation Improvement Plan Project. Section 2. The Seward City Council directs the City Manager to work with the Kenai Peninsula Borough to seek funding for the required 10% local match. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 141" day of February, 2011. AYES: NOES: ABSENT: ABSTAIN: ATTEST: .Johanna Kinney, CMC City Clerk (City Seal) �v THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor Council Agenda Statement Meeting Date: February 14, 2011 To: Phillip Oates, City Manager From: William Casey, Public Works Director Agenda Item: Support the Lowell Point Road on the STIP list and seek funding for the local match requirement. BACKGROUND & JUSTIFICATION• Lowell Point Road is a narrow, one lane gravel road that provides the only terrestrial access the City of Seward has to Seward's wastewater treatment facility which is critical infrastructure. It is also the only access point many Seward residents have to their homes and small businesses. High traffic usage and environmental interference have created life/safety issues of increasing concern for the City, Kenai Peninsula Borough and State officials. The City's sewer lines to the treatment facility, electric and telephone lines all run under this road. It is also the only access point many Seward residents have to their homes and small businesses. Lowell Point Road also accesses State and Federal Park sites and the only terrestrial access to Caines Head State Park and Kenai Fjords National Park. The development of the terrestrial access to the State and National Parks has created traffic volume second only to the Seward Highway. The environmental interference such as rock slides, reduced visibility due to shrubs and trees, and debris falling into the roadway cause occasional road closures in the summer. The road is also closed several times each winter because of the prevalence of avalanches. High water events and tidal surges have made the road impassable due to flooding at Lowell Creek Bridge. This has created public health hazards which have the potential for loss of life and loss or damage to critical infrastructure. Storm surges and tidal surge events have caused erosion problems occasionally making the road impassable. The extensive, coastal damage caused by such events has made it necessary for the City of Seward and the Kenai Peninsula Borough to seek emergency state and federal funding fearing loss and/or damage of critical infrastructure or loss of human life. The cost of maintenance, mitigation and repair of the road exceeds the funding available from the City of Seward, Kenai Peninsula Borough and State government. This project will mitigate several current ongoing life safety issues. The current condition and placement of the road create public health hazards which have the potential for loss of life and loss or damage to critical infastructure. In 2010, the City of Seward and Kenai Peninsula Borough nominated Lowell Point Road on the Statewide Transportation Improvement Plan (STIP). The required local 10% match is identified in the nomination packet. The funding match is on a reimbursement basis with each phase being, pay as you go. According to ADOT&PF, this project would not be scheduled to begin until 2014 or 2015, and following federal process, take an average of 7 years to complete. This timeline would enable the City of Seward and Kenai Peninsula Borough to seek the required funding over a 10 year period. Many communities utilize local taxes, sell bonds, assess fees, and request state legislative appropriations to fulfill their match requirements. Very few communities have the Hl total match sum in hand at the time the project is added to the STIP list. This is an important project for both the City of Seward and the Kenai Peninsula Borough. The City and Borough have agreed to partner their efforts and move forward to seek money for the local match. This will enable us to keep the project on the STIP list as we work together to seek additional funding for the required match. INTENT: Support the Lowell Point Road as a STIP project and work with the Kenai Peninsula Borough to seek funding for the required local match. 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 or Other Plans or Policies. FISCAL NOTE: The City of Seward and the Kenai Peninsula Borough will need to work together to seek funding to meet the required 10% financial match, which at this time, is estimated to be between $1million and $2 million. _ Approved by Finance Department:j`��,c� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Support the Lowell Point Road as a STIP project and work with the Kenai Peninsula Borough to seek funding for the required local match. H .L City of Seward, Alaska City Council Minutes January 24 2011 Volume 38, Page CALL TO ORDER The January 24, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the f ROLL CALL compris Ph Jo Bi Cl ABSE1 CITIZI PUBLI council step to the plate. Dan Seav unanimous vote of committee for the -EMS SCHEDULED FOR ommission applicant on the )n full and felt it was time to pport of the library bond issue and hoped the council would have a lution before the council tonight. He thanked Keith Campbell and the APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda Council added the following item under new business: Discussion on researching other funding options for the library museum project. Motion Passed �► 3 Unanimous City of Seward, Alaska City Council Minutes January 24 2011 Volume 38, Page The clerk read the following approved consent agenda items: The January 10, 2011 Regular City Council Meeting Minutes Were Approved. Appointed Scott Seabury to the Planning and Zoning Commission for a term to expire in February 2012. Appointed Vice Mayor Jean Bardarson to collect City Manager a for the March council meetings. Non Objection for the liquor license renewals for the Christo's Palace. Resolution 2011-004, Accepting A Rasmuson Tier II ( $500,000 For Construction Of The Library Museum. Attorney evaluations Ivory Cove and Grant In The Amount Of Resolution 2011-007, Retroactively Amending The 2010 Budget To Record Expenditures Of $138,285.65 Paid By The State Of Alaska"bri Behalf Of The City Toward The City's Public Employees Retirement System Liability, Per HB300. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and.Avward�s, A Certificate of Memoriam was read for Oscar Watsjold. City Manager's Report, City Manager Phillip Oates stated the City Council and representatives from the Alaska Railroad would be meeting Thursday, February 4, 2010 at 2:00 p.m. in the CouncilChambers 'He introduce, renda Ballou as the new Deputy City Clerk and announced Michelle Weston had been hired as the new Assistant City Manager/Community Development Director. The City Manager reported the Seward Fire Department received a 2009 Assistance to Firefighters grant and have opened purchase orders to Motorola and REVL Communications systems for $ 41,126.52 and $121'90 respectively to make these purchases. The grant was for updating and replacing radios and communications equipment and system. In the Harbor, Shoreside Petroleum delivered 420,000 gallons of fuel across the North Dock to their holding tank at the Seward Marine Industrial Center earlier this month. Oates thanked all of the volunteers and jumpers who made this year's polar bear jump a success. The City was working on a proposal to submit to the Exxon Valdez Oil Spill Trustee Council for a vessel wash -down pad for SMIC. A resolution in support of this project would be brought to the February 14, 2010 City Council Meeting. Repairs to the south face of T-Dock would begin this next week. Two pilings and a broken stringer were damaged by a transient vessel this summer. Harris Sand & Gravel would be completing 9 14 City of Seward, Alaska City Council Minutes January 242011 Volume 38, Page completing this work in conjunction with the Z float project. In the Police Department, officers were dispatched to a 911 call reporting a burglary in progress at the Polar Seafoods Plant located on Morris Avenue on January 17, 2011. Officers responded to the area as the suspect fled the scene after being confronted by an onsite employee who was residing at the Plant. As the investigation developed, the suspect turned himself into authorities and confessed. City Animal Control Officer Jennifer Carrick has advised that she would be moving out of Seward at the end of February. The Police Department were making steps and moving forward to have a new contractor in place with little or no disruption to the services provided there. Jennifer's passion and commitment would be greatly missed. In Community Development, air quality monitors had been successfully installed at three locations and quality samples were now being gathered every'six days. The monitoring began on January 15 and was scheduled to continue for 12 months. The air monitors were positioned at the Seward Community Library, the Public Works lift station along Ballaine `Boulevard and Seward Mountain Haven. The January 25 Planning and Zoning Work Session would include more review of proposed updates to Title 15; specifically, the Commission would be finalizing its review of the Land Uses Allowed Table. In Public Works, the Lowell Creek Bridge "was completed in December. The City received an extension from FEMA which allowed full reimbursement for the bridge construction/repair. An underground storage tank was discovered by Central Environmental Inc. during the demolition of the library/museum site structure at 235 61" Ave. It was estimated to be 300 plus gallon heating oil tank. There appeared to be some 06niilrniniffion. The con tractor lined the side wall with poly and backfilled it as a safety precaution to_prevent .fi *r conta tnation. Oates gave updates on several projects, including the water tank, fluoridation, the US Coast Guard building relocation, IMS dock improvements, the Fish Ditch, and various grants. Few freeze ups were occurring with residential water lines- warm weather may increase occurrence of freezing pipes. Crews had been assisting with minor maintenance of equipment, gleaning storm drains, replacing signage, started planning for summer projects already,(t© include drainage ditch maintenance, clearing R.O.W.'s of brush). The department hosted a city-wide OSHAvoluntary compliance visit to conduct "workplace noise assessment" and would do follow-up with recommendations for PPE (personal protective equipment) needed to reduce hearing hazards. Staff was completing a request for proposal for remaining storm surge work (Lowell Pt. Road and two SeaLife Center areas) to include engineering and project management. Oates responded to questions regarding the upcoming Alaska Public Office Commission Hearings on February 2 and 3, 2011 and the energy efficiency of the new Library Museum building. City Attorney's Report, Cheryl Brooking stated from November 21, 2010 through January 20, 2011, the attorney's provided advice on ordinances and resolutions, the proposed library museum project, contracts, possible funding mechanisms for SAAMS, documents for the Community Health Center, administrative matters such as employment, personnel, land use questions, platting and code enforcement. On the North Forest Acres Levee project, an extension to February 10, 2011 was filed for the appellant to provide appeal language, so as of now they were in a holding pattern. They also City of Seward, Alaska City Council Minutes January 24, 2011 Volume 38, Page worked with the Harbor on compliance issues, leases, and reviewed shiplift compliance concerns for Seward Ship's Drydock. The attorney's also assisted the Electric Department on utility rights and the formation of ARCTEC. Mayoral Report, Mayor Willard E. Dunham stated the largest activity was getting federal and state requests lined out. He spent time last week in Kenai for an industrial outlook forum sponsored by The Alliance, the City of Soldotna, and the Kenai Peninsula Economic Development District. He reported the coal business appeared to be busting open on thepeninsula. Speaker Kevin Banks of the Division of Oil and Gas was adamant about making the permitting process smoother. Marathon Oil was looking for gas reserves west of Swanson River, drilling holes and if gas was found they would apply for permitting. The Alaska Power Association would meet in Juneau February 15 and 16, 2011. Bardarson, Dunham and Oates met with representatives from the Coastal Villages last week. He noted the passing of Neva Egan and complimented the Fire Department for the outstanding memorial service for Oscar Watsjold. Other Reports, Announcements and Presentations A presentation on the transmission line rdpair was given by Ed Jenkin of Chugach Electric. PUBLIC HEARINGS Joint Public Hearing On Ordinance 2010-009 and Resolution 2010-130. Linda Corbin, this was an opportunity the sales tad ordinance before the council tonight. She felt v r )sitive`1bf4he community and our quality of life. Iris Darling, was not against the library museum project. She was in opposition of the two tax increases on the agenda tonight.Darling felt the project should be scaled back and she did not want to drive the tourism business away. It was too big of a project for Seward right now. Kim Hughes, wholeheartedly supported the library museum project and supported the seasonal sales tax' ordinance. It made the most sense, fiscally, she felt. As a business owner, she did not think a sales tax increase would drive away her customers. She thanked the parties involved who she had worked with on this project. Hughes asked council to not delay this project anymore. Jim Herbert, supported the seasonal sales tax ordinance before the council. Keith Campbell, spoke in support of the library museum project. The committee had worked tirelessly to raise funds for the project. They still were fundraising. Regarding the sales tax issue. Seward was a tourist town among many things, and this increase would not deter tourists from coming to Seward. He felt the property tax was a narrow base; the sales tax was a broader base. Rhonda Hubbard, expressed planning and fundraising efforts of the library museum project. She felt council needed to evaluate what they city could afford. She felt like it was too much right now. A potential S3.73 million in a general obligation, non -revenue producing bond could exhaust our other H City of Seward,, Alaska City Council Minutes January 24, 2011 Volume 38, Page our other future bonding possibilities. She encouraged a lower bond amount, postponing the ground breaking date, give more time for fundraising, and not to have this deadline dictate the project. She encouraged council to give itself some breathing room. Hubbard felt they should look at bonding last, and if so, the shortest bonding possible. She suggested maybe bonding at $1.5 million or put it out as a referendum to the voters. Warren Huss, supported the sales tax ordinance and he was a small business owner in Seward. He didn't feel this increase in taxes would be that significant. The people that would pay were people that came from out of town and paying one extra penny on the dollar would not deter people from coming to Seward. Carol Griswold, supported the seasonal sales tax. She felt it was the most fair way to pay for the project. She did not think they should delay and ponder and redesign. The museum holds Seward's treasures and they were in need of a better place to hold them. It was an important project and a quality of life improvement. She urged support. Christy Terry, supported the librarymuseum project and the bonding. She felt never again would there be an opportunity to obtain a building°,like this with the funding they've received. She felt it was time to move forward. Terry asked for thercouncil to please tax her, and a seasonal sales tax would be best. She thought they needed to hold the design team and committees to make sure it stayed within budget. Katy Turnbull, thanked the council and ftiayor for their service to their community. She thanked the steering committee for:ihe library museurd"project. As an educator, Turnbull supported the funding of this new building' „ It meant a lot and would be a lasting benefit for our youth and community. She supported the seasonal sales tax. Joshua Eavis, a Seward High graduate in 2012, spoke in favor of the library museum project. He spoke on reasons why the library could benefit him and his classmates. He thought it could help bring more people in the'library for community events. This new building would generate more interest with the museum and he hoped it would entice more people to come visit the facility. Mary Tougas, supported the library museum project. It started as a community vision with Mayor Edgar Blatchford, seven years ago. The first plans were too big and unsustainable. The plans had been cut in halff and she felt what was before the council now was sustainable. As a business owner, she paid sales tax to the city and the borough. To community members and year round residents, the impact of a seasonal sales tax was almost nil. Would one percent hinder her business or turn away customers? She stated it would not. It would allow for out of city residents to help pay for this. The committee took a lot of time and effort to earn the monies already raised. She supported the library and the sales tax ordinance before the council. Tougas felt this facility being downtown would support the area, visitors and residents alike. It would enhance the downtown core. She asked for council's continued support. James Fredrickson, spoke in support of the funding of the library museum by way of the seasonal sales tax. He thanked the council for their willingness to serve this community and for the Hq City of Seward, Alaska City Council Minutes January 24 2011 Volume 38, Page opportunity to speak. He emphasized the momentum needed for this project. There was a tremendous amount of momentum and he encouraged council to continue with this momentum. He said Seward was a progressive community. As a tourist in other community, he had never researched the sales tax structure of a community before they visited it. He supported the seasonal sales tax. Jessica Bamford, out of town resident, fully supported the seasonal sales tax and wanted to do her part to help pay for it. She was excited about this project for her children. Jed Wilde, supported the library museum project. As a youth working in the tourist industry, he had never heard of a visitor complain of sales tax. He was to be a Seward High graduate in 2012 and hoped to be the first graduating class to see this building open. Martin Spargo, from Wasilla and a summer business owner in Seward since 1994. He didn't have the finger on the pulse of this community, but he worked in the harbor;'and'knew what doing business was like and what his expenses were. His personal sales tax rate would be quite a bit higher than just his customers. As a harbor business owner, it was increase after increase after increase. He saw this just as another increase and he felt it would never stop. Spargo supported the library museum project conceptually, but hoped there would be another way to fund it. Maybe they could increase from 4% to 5%, then back down to 4%, instead of 3%.,' It,didn't grouse 1um.as bad. Mark Kulstad, owner of Hotel Seward, said this was an admirable mission, but the library was envisioned in a time of a robust economy. Right now, the nation/world was in recession, caused by an obligation of debt by the consumer. They were talking of passing this burden on to the consumer. Burdened consumers travel to Seward, and yes, he'djdteceive complaints on the price of traveling and sales tax. People were more careful in their spending. "It was expensive for people to come here, and they needed to bring people liere"and raising sales takwas not the way to do it. He asked them to build a library without further obligation of a sales or property tax increase. David Kingsland, spoke in favor of the seasonal sales tax. He did not mind paying property tax, either, but because it was a broa& ase of users, he felt increasing the sales tax was the fairest way. Mike Jones, travelled in the summer, and from his observations most libraries were for the use of internet. He didn't think that would change, so he did not see the point in having a nicer library. He was in opposition of the sales tax ordinance before the council -- people were having a tough time as it was already. Mary Kulstad, thanked for their service and the committee for their work on this. The economy of the world had changed from when this idea was born. She was in support of the library, but not in the form of a tax increase. "Something For Us" at the expense of our visitors would drive tourists away. Other communities taxes were less, they may be more likely to travel elsewhere. She didn't think we should be gouging our customers. It was not business friendly. She suggested possibly using other buildings in town. Citv of Seward, Alaska City Council Minutes January Zd, 2011 Volume 38, Page David Paperman, said in Alaska, taxes were considerably lower than any other place in the nation. He spoke in support of a new library museum. He would gladly pay a higher sales tax seasonably, a higher sales tax year round, and would gladly pay a fee to use the library. The discussion should be how to pay for it, not whether to build it or not. The city should annex the outside areas to help pay for these projects. Paperman thanked the council for supporting arts and education. Dan MacDonald, a 25 year Seward resident and business manager, spoke in opposition of the sales tax, but thought the efforts of the library museum committee was commendable. As it had been heard this evening, this would directly impact the business communities. He agreed it was a tough balance. He supported the facility, not sales tax. It should be a facility Seward could afford. He thought the bond should sunset quicker. MacDonald suggested whatever the outcome; there should be a committee to track the dollars. He wished council would get past the mentality of going after the tourist dollars. Kerry Martin, supported the seasonal sales tax increase, and opposed the property tax increase. There were only 700 property owners who paid tax — it was not fair to tax just those people. He wanted to pay his share through sales tax. He ran a B&B in town for many years, and never once was asked what their bed and sales tax rate was. They ,Were not behind the curve for completion of the building nor have they missed any important deadlines. Martin reiterated this was the library and museum. Joann Myers, lived in Anchorage, but owned a home and some businesses in Seward for many years now. Times change, but from her perspective they were getting this library at a bargain price. So much was already fundedand sales tax': did seem to,be the most equitable way. She would be affected by this and still supported it James Pruitt, thought the tourists weren't going to care, because don't know any differently. The people who would care were the Alaskans. they would know. This sales tax increase wouldn't go away, even though it was slated to. It wasn't just a penny. It was a combination of many little things that all together makes a big dent. The people that do business in town knew better and noticed it. The council should be worried about those people. Chellie Skoog, Development Director on this project, supported this project and supported the seasonal sales tax. Shefelt it was important to point out several entities had shown their support in a large way including $4.7 million frm the state and $500,000 from the Rasmuson Foundation. Large entities believed in Seward. Skoog stated it would be remiss of us to not believe in ourselves. This new building would be a place to preserve our history and an investment of our future. Eileen Eavis, supported a seasonal sales tax. They do 90-95% of their shopping locally. They came here years ago as tourists, and then it was apparent that education and art was important in Seward and was what brought them here as residents. She hoped they would support this. �1 City of Seward, Alaska City Council Minutes January 24, 2011 Volume 38, Page Mark Olsen, liked the idea of the museum, but didn't like the idea of it being rammed down their throats. Neither property nor sales tax increases were the correct way to go. Most of the tourists in this town were Alaska residents, which should be an important factor. Maureen Callahan, a Seward Library employee, was happy to see the turnout tonight. She thanked everyone for coming and for speaking their words. She was supportive of the property tax increase. Jonathan Sewall, said many senior citizens were exempt from paying property taxes. He supported the seasonal sales tax. Joanie Merritt, supported the Library Museum project 4holeh( community center as well; she supported the seasonal sales tax. The sales t lowest when it was the coldest and both inside and outside residents benefit this way all could contribute. Council rececced at 9e01 n_m_ Council Council was not Ordinai -tedly. It would be a on fuel costs would be om the community and The joint discussion item em individually. Motion (Keil/Shafer) Enact Ordinance 2010-009 Oates gave backgroundinformation and justification of the ordinance. He recommended that this sales tax sunset when the GO bond were paid in full. He read the finance director's fiscal note and stated there would still remain a balance of $161,000 each year for annual operating costs. This may be subject to voter referendum. To cover costs would require another increase of some sort. If funding was not identified. it could weaken the city's bond application. A one half cent year-round increase would bring in $450,000/year. A June through August one cent increase only would be the same. It was noted the city should consider matching the borough's seasonal non prepared food tax exemption or filers could potentially be dealing with a change in taxes four times a year. It was noted the money raised current to date could be used to do other things. Ciry, of Seward, Alaska Ciry Council Minules January 24, 2011 Volume 38, Page Finance Director Kristin Erchinger added the city was seriously limiting the financial flexibility in the future with other general obligation bonds. If issued, the bonds would be pledged with full faith in the city. Regardless of the source, they were still required to pay and raise revenues. She was concerned with the impact of the financial flexibility in the future of other bonds. Kell appreciated the attendance tonight. She would like to delve into other funding options for the bond. Keil wanted to postpone to the next meeting so they could get information for other scenarios such as a tobacco and alcohol tax. Motion (Keil/Bardarson) Postpone Ordinance 2010-009 to the February 14, 2011 Council Meeting. Oates stated staff was starting to look into this sin tax option. Shafer thought it could certainly cover the bond payment. In response to council, Oates stated wiat was needed'uvas10 pass in a timely manner were the resolutions for the bonds, architects, and design. They could begin the process without determining the revenue stream. Erchinger said an alcohol tobacco tax would take at least a.month for council approval, and that was before her research on the subject. She reminded council they needed to build the strongest application to the bond bank as possible, which she still'felt included'aperating costs. Right now there were no operating costs determined. Shafer would like a firmer figure of what the operating costs were. Oates said they could get a more informed estimate. Valdatta thought they should move forward with this project. Casagranda was confused that it would be acceptable to move forward with this project as it was presented. Even the with 1 percent sales tax increase, they were still short funds. She appreciated the work and efforts ofeveryne involved, but she also would like to postpone the decision. It needed to be looked at further and it was getting out of hand. Valdatta was in support of alternate funding for tobacco tax, but he didn't want to tax liquor. Dunham wanted to get this issue settled. He agreed with the idea of other funding options. But the length of the bond payoffs bothered him. The maintenance and operating costs needed to be figured in the total budget, but by cutting the budget. He hated to see it mixed in this discussion. Motion to Postpone Passed Yes: Shafer, Keil, Casagranda, Bardarson, Dunham No: Valdatta Resolution For Approval ,5I Ci(v, of Seward, Alaska City Council Minutes January 24, 2011 Volume 38, Page Resolution 2010-130, Establishing A 1 Mill Increase In Property Tax To Generate A Revenue Source For Repayment Of The S3.73m General Obligation Bond For The Construction Of The Seward Community Library Museum. Motion (Keil/Shafer) Approve Resolution 2010-130 Oates stated the intent and justification of this resolution. This was not subject to referendum. Dunham wondered if they possibly needed this resolution if tlx ales tax ordinance went down. Maybe council should not fail it at this juncture. He suggested postponing it as well. Motion (Dunham/Valdatta) Postpone Resolution 2010-130 to the February 14. 2011 Council MeetinL,. Kell didn't agree with postponement, she thoi could be looked at during the next budget. Erchinger it would weaken the applic and for the operating costs, but that was just I Bardarson noted they could always bring this and not realistic to even discuss. Motion to Postpone Failed y needed, 't determined for the bond yak for the bond bank. is not an agreeable source es: Casagranda, Valdatta, Dunham o: Shafer, Bardarson, Keil Main Motion Failed Yes: Valdatta, Dunham No: Casagranda, Bardarson, Keil, Shafer UNFINISHED BUSINESS Resolution 2010-129, Authorizing The Issuance And Sale Of General Obligation Bonds In The Aggregate Friincipal Amount Of Not To Exceed $3,730,000 To Pay The Costs Of Library/Museum Capital Improvements In The City, Fixing Certain Details Of Such Bonds, And Pledging The Full Faith And Credit Of The City To The Payment Thereof. Motion (Bardarson/Shafer) Approve Resolution 2010-129 Oates stated the intent and justification of the resolution and stated the revised amount for the project was $10,013,458 which includes the basement. In 2009 voters approved up to a $5 million bond for this project. $3.73 million was the estimated needed cost. This did not take in the operating costs needed after the building was constructed, which was approximately $260,000/year. Erchinger stated the bond bank provided the mechanism for financing, but when they issued bonds they issued in the name of the Alaska Municipal Bond Bank, therefore the bond bank would make extra sure the city had the capability of repaying those bonds, because if the city was not able to make payments it would 52. City ofSeward, Alaska City Council Minutes January 24, 2011 Volume 38 Page make payments it would adversely affect this bond bank. This was why the bond bank's role in this was so critical. In response to Casagranda, Oates stated the basement was partially finished and it determined the foundation of the building. It was fully excavated with concrete floors, heat, and ventilated to code. Motion to Amend (Bardarson/Casagranda) Amend Resolution 2010-129 to a $2.5 million bond instead of $3.73 million. Oates stated administration did not support the idea, as it N not enough funds for the project. Oates did not feel comfortable n guaranteeing how to pay for the project. He stated the other op project, or delay the project if they wanted to bond for $2.5 million million was way too uncertain, Oates felt. Dunham didn't think this was a wise i wanted a way to pay this off and get this facili The project has received almost 25% of the fui with a quarter of it, shame on the city. Bardarson wanted to know where the with the $3.73 million bond figwe..Oates con If it were less. it was too risky to go forward Erchinger said the motor, pool cash 1^ general reserves, potentially, but leaving tho dangerous practice she did not'support. Motion to Amend railed He did nt It would is financially dangerous to pledge Ving forward without knowing or on was to come up with another But as things currently were, $2.5 rif to tie this up for 25 years. He mistake to drop it to $2.5 million. m stated if they couldn't come up up with the $800,000 they were short pay for the construction of the facility. ices were about 800k, they could pay it out of the unds'with little to zero balances was an extremely Yes: Casagranda, Bardarson No: Shafer, Keil, Valdatta, Dunham Dunham diked Keil's"alternative ideas. Shafer thought they needed to look at other options as well. She didn't mind passing this because the number could be tweaked. Main Motion Passed Yes: Keil, Shafer, Valdatta, Casagranda, Dunham No: Bardarson Because of time, the council briefly discussed recessing this meeting until the following day. By unanimous consent, council allowed the remaining time in the meeting for citizen comments. Keith Campbell said he felt blindsided. He said to delay this project this late in the process was a travesty. As a private citizen, he was disappointed. 55 City of Seward, Alaska City Council Minutes January 24, 2011 Volume 38, Pake Mary Tougas felt there was a good community show in favor tonight of the sales tax to cover the bonding of $3.73 million. There was overwhelming support, she felt. If council wanted to explore a sin tax to help with the extra costs, that's great — but she was disappointed they could not make a decision. To try and change it now was not pleasing for her. They were still fundraising just as hard and were willing to try and close the gap. Council recessed at 10:30 p.m. with a time to reconvene on Tuesday, January 25, 2011 at 7:00 p.m. in the City Council Chambers. The January 24, 2011 meeting resumed at 7:00 p.m. on January 25 2011. Motion (Shafer/Smith) Approve Resolution 2010-127 Number Three l'hrough 100% tional Funding Oates stated this would allow them to proceed ahead from the 65% design to 100% design for the library museum project.._ Rise Alaska was the successful company for the Request For Proposal for project managemerifseivices for the Library Museum Project. Oates recommended approval. In response to Casagranda, Oates stated they wouldn't be able to order steel until the 100% design was complete, this resolution would allow them to move ahead and order the steel. Oates stated the best they could do was estimate the costs until they passed the 100% design. The contractor and architect were working together, so that helped relieve the unknown costs. At this point, the two companies thought it was pretty close to the estimate. Overall construction costs may still change through negotiation, value engineering, etc. Motion Passed Unanimous 5-1 City ofSeward, Alaska City Council Minutes January 24, 2011 Volume 38, Page Resolution 2010-128, Authorizing The City Manager To Enter Into Amendment Number Two With ECl/flyer Inc. For Professional Construction Documents Basic Services For The New Co - Located Library Museum Facility, And Appropriating Additional Funding Not -To -Exceed Four Hundred Two Thousand Five Hundred Ninety One Dollars ($402,591). Motion (Shafer/Smith) Approve Resolution 2010-128 Oates stated ECl/Hyer Inc. had submitted a fee proposal for their -construction documents. This included drawing specifications, shop drawings, product data, and more. The proposal was reviewed and administration's intent was to approve this contract amendment with ECl/Hyer. The current total contract amount was $916,375. This allowed them to complete the contract documents and move forward with the process. It would take about 8 weeks to complete the construction documents, but contracting for steel could occur about four weeks into that, process. In response to Valdatta, Oates said possible reductions that could be made were the sizes of the windows, changing the lighting from LED to fluorescent, increasing floor space on level 2, a cheaper approach could be taken in purchasing the steel, and overall there were a lot of areas to cut costs. Oates stated the heating plans were currently dual heating - fuel and electric. Geothermal heat pump technology was considered, but there were some major challenges found with it. Having a heat pump requires a 500-700 feet deep well which was extremely expensive just to determine if there was a consistent heat source in addition to the arduous pen tang prooess, •Oates reported it could be up to 30 years to recover that investment.' High efficient fuel' oil boiler and electric heat would be more cost efficient. They were taking other treasures to make it more energy efficient. Council still had options to make changes in the design. In response to Keil, Oates stated the plans initially came to council without plans for a basement, but council requested to add it.',' If it were to be taken out, that decision would have to be made very quickly as it changed the foundation of the building. Dunham said a full basement was important and logical to have. Council suspended the rules by unanimous consent to have the project architect to explain the lighting. Brian Meissner with ECI Hyer explained the lighting in the building. LED lights would stay with the museum as it helped with the preservation of the pieces, but it was an option to replace the library LED lights with fluorescent lights to cut costs. Smith said some people have trouble with LED. Meissner had heard the fluorescents were actually more difficult, and the newer LED's were less harsh with recent technology advances. There was seven to twelve years of return on investment with LED, Meissner stated. It was more expensive and they lasted about seven to ten years. In response to Valdatta, earthquake approval was looked at with the Alaska Building Codes. Motion Passed 55 Unanimous City gf.Seward, Alaska City Council Minutes danuuq 24, 2011 Volume 38, Page NEW BUSINESS Resolution 2011-005, Authorizing The City Manager To Extend The Maintenance And Operating Agreement With Seward Ship's Drydock, Inc. Through August 31, 201 L Motion (Keil/Shafer) Approve Resolution 2011-005 Dunham said the attorney was available by phone if council wanted to have her available. There was a difference of opinion with the City Manager and the City Attorney on this issue. It had been suggested to discuss this in a possible executive session. He stated the attorney would like to reschedule this with an executive session at a later time. Motion Passed Unanimous Resolution 2011-006, Amending The `City Of Seward's Calendar Priorities. Year 2011 State Legislative Motion (Keil/Shafer) Approve Resolution 2011-006 Oates noted he had compiled an addendum that explained the changes before the council tonight. Motion to Amend (Bardarson/Keil) Amend Resolution 2011-006 by inserting a new number one to the section B. Port, Harbor, and Industrial Area: "S400 thousand to conduct a preliminary engineering study and economic analysis for building and establishing the home port infrastructure that will support relocation of 5� City gfSeword, Alaska City Council Minutes January 24, 2011 Volume 38, Page of the fishing fleets owned and operated by the six Community Development Quota Groups (CDQ Groups) from the State of Washington to Alaska." Oates stated the reasoning behind the addition of this amendment and its importance. Dunham said he would be meeting with United Fisherman of Alaska, who were enthused at coming together to work on this. It was a huge goal to bring Alaska Fisheries home. Members of the Alliance were also willing to assist. He was feeling good about this. They had to put together a strong united front on this issue. Dunham said they need to be careful with this process. Motion to Amend Passed Unanimous Oates continued to state the changes of the resolution before the council. Shafer hoped the likelihood of the Shellfish Hatchery renovation was good and stated Seward shouldbe bragging about our director, who was doing a tremendous job. Keil thought PACAB maybe had an objection to the ADA'accessible boardwalk in the harbor. Oates said he satin on the meeting that this was noted,,and he disagreed with their objection. He felt if they waited they could lose an opportunity for this project.' Motion Passed Unanimous OTHER NEW BUSINESS Discussed whether to postponethe`Ci1y Clerk evaluation to June 2011 or to the next evaluation period in 2012. Council decided to,evaluateCity Clerk Johanna Kinney in 2012. Discussion on researching other funding options for the library museum project. Oates provided a staff memo outlining a time line to research other financing options for the library museum. Finance Director Kris Erchinger stated this was the best case scenario. Shafer wanted to look at other options. An alcohol and tobacco tax would be more amenable she felt. Smith did not like government butting in on his choices, so he wouldn't vote for an alcohol and tobacco tax. Keil said she would support looking into this as well. Bardarson, Valdatta, Casagranda were also willing to have staff look into this. Keil wanted to know why they couldn't raise the parking fee back up to S 10, but both Bardarson and staff agreed that there were other priorities such as paving and parking upgrades needed first. Dunham thought it was a good idea to look at these alternatives and emphasized he wanted to be in a position to discuss how to shorten the time of the bond payment schedule. The city needed to dedicate to paying this bond off sooner than 25 years. Oates pointed out this would result in a higher annual bond payment and noted the figures listed for the council. Dunham said they paid the Alaska Seal-ife Center bonds off early and it was very beneficial to do so. City of Seward, Alaska City Council Minutes January 24 2011 Volume 38, Page Bardarson would prefer a shorter bond payoff, Shafer wanted numbers for 10 and 15 year bonds. Council directed staff to look at the possibility of an alcohol and tobacco tax, and other variations of a sales tax increase with potential shorter bond payoff alternatives. Smith reiterated he did not think they should earmark a certain group of people to be taxed. Council would continue to delay the seasonal sales tax option. Casagranda would like to see what the riskier variations entailed. INTORMATIONAI. ITEMS AND REPORTS (No action required) November financial reports for the city and Providence. COUNCILS' COMMENTS Shafer was proud of the community on I remained. The country should take a page from Casagranda thanked the library ue. Not everyone was agreeing but yet civility )oks, she stated. they were appreciated. She noted the soon -to -be absence of the animal control director and stated she would be missed. Smith apologized for his absences. He was back for a while and would oppose the sin tax. Keil attended the Chamber of Commerce event on Friday and congratulated Bencardino, Kulstad and Studio 335 for their Chamber awards. Valdatta said he was asked to attend the Children's Fair at the AVTEC gym over the polar bear weekend, and it was a neat and impressive event. Bardarson thanked and congratulated the chamber recipients and the polar bear jumpers. Dunham congratulated the Polar Bear Committee and it was a great event put on by the community. Each year gets better and better. Congratulated Louis Bencardino for winning the Chamber of Commerce Person of the Year award, and Mary Kulstad was well deserving of winning the Business Person of the Year award. Jennifer Carrick leaving was a blow to the heart of animal control in Seward. He encouraged the public and council to participate in the treasure hunt program put on by local business owners. Oates thanked Erchinger for her service to the community; she had just come from refereeing a school basketball game to attend this meeting. They planned on keeping Jennifer Carrick on contract long distance so staff could do a thorough search for the new animal control shelter director. Bardarson noted her husband Steve Carrick was a great asset as well to the community and he would also be missed. 59 City of Seward, Alaska City Council Minutes January 24, 2011 Folume 38, Page CITIZENS' COMMENTS Keith Campbell thanked council for these two contracts this evening for the library museum project. Carl Norman felt it was his duty to come down and speak tonight. He spoke on the library museum project and what a great idea it was. He was concerned with how to pay for it and racking up debt concerned him. Norman noticed they were obligated in a few bonds already. Overall, they had about $60 million worth in projects in the area. A ten million dollar price tag really meant in the long run it will be about $15 million. He felt things had already been raised to the point of breaking, how much farther would this burden escalate without breaking Seward's back? He did not think it would be fair to tax people. Borrowing money was fine when one had the means of paying it back. It was acceptable to him to borrow money for something that generated revenue. People had told him they would rather have dependable electricity than a new library. Rhonda Hubbard addressed the revenue producing issue ofthe Coastal Villages. She was glad they were moving forward with it and the citywas trying to accommodate them. Alaska was the poster child for sustainable fisheries, and they worked really hard to keep this industry vibrant. She said Seward needed to have a flat tax on boats. Regarding the library, she appreciated council's prudence. Hubbard encouraged them to tighten up the costs of the building and keep the momentum on the grant writing and fundraising going forward. better sell to the public. She handed out a spre, Phil Kaluza had 30 years of experience library museum, if needed. He had a chance to ► sunset on the sales tax would be a her ► energy efficiency. He was excited to help with the t:with the architect and the committee, but wasn't able to get much input so far. He looked forward to meeting further with staff. Kaluza noted he was here to provide helpand he wasn't looking for work, but would very much like to be a part of helping on the energy efficiency side of this project. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 8:34 p.m. Johanna Kinney, CMC City Clerk (City Seal) S9 Willard E. Dunham Mayor C'ih, ol'Seivard, Alaska Cily Council Minuses January 27, 2011 —Special Meeling 1'oluine 38, Page CALL TO ORDER The January 27, 2011 special meeting of the Special Seward City Council was called to order at 6:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Marianna Keil Bob Valdatta com risin a uorum of the Council and Jean=Bardarson Vanta Shafer Ristine Casagranda Phillip Oates, City Manager Cheryl Brooking, City Attorney Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk ABSENT— Tom Smith CITIZENS' COMMENTS ONANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING =None APPROVAL OF AGENDA Motion (Bardarson/Shafer) Motion Passed EXECUTIVE SESSION Motion (Bardarson/Shafer) Motion Passed L0 Approve the Agenda Unanimous Go Into Executive Session to discuss with the City Attorney potential litigation regarding the maintenance and operation of the City's shiplift facility and factors relating to agreements between the City and Seward Ship's Drydock, Inc. Unanimous City of Seward. Alaska City Council Minutes January 27 ZOl l —.Special Meeting Volume 38, Page Council went into executive session at 6:05 p.m. Council came out of executive session at 7:55 p.m. Motion (Shafer/Bardarson) Discuss possible changes to the 8" amendment of the Seward Ship's Drydock Maintenance and Operating Agreement Motion Passed By Unanimous Consent City Attorney Cheryl Brooking noted for record that these were discussions before the council and not decisions made in executive session by the council. Keil listed two possible amendments to the 8r1' amendment. By unanimous consent, council suspended rules to allow Seward Ship's Drydock owner James Pruitt to speak. Pruitt wanted to know what the trouble was and explained they have had inspections already. He explained the facility's work to come into compliance. They were prepared to do more work when the weather complied. ;He noted most docks were non -coated and they had finished the cathotic replacement system, was inspected by Norton. Pruitt stated there was a gray area with the coatings. Dunham wanted mutual agreement. He understood past disagreements and acknowledged that Pruitt took over a messy facility. Now they needed an,agreement that was satisfactory to his business and to the City of Seward. To allow time for the City Manager and the City Attorney to make the suggested changes discussed, Council recessed the meeting until 12:00 p.m. on January 28, 2011. The January 27, 2011 special meeting resumed at 12:05 p.m, in the council chambers on January 28, 2011. There were present: Willard E. Dunham presiding and Marianna Kell Jean Bardarson Tom Smith comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy Clerk Cheryl Brooking, City Attorney Vanta Shafer Ristine Casagranda City of Seward, Alaska City Council Minutes January 27, 2011 — Special Meeting Volume 38, Page ABSENT — Bob Valdatta UNFINISHED BUSINESS Resolution 2011-005, Authorizing The City Manager To Extend The Maintenance And Operating Agreement With Seward Ship's Drydock, Inc. Through August 31, 2011. Motion (Keil/Shafer) Approve Resolution 2011-005 (Made at the January 24-25, 2011 Council Meeting) Dunham noted the laydown version of the amendment before the council. This was modified from the original packet due to the discussion held the day before. Oates stated the changes before the council on the revised agreement. There were changes to the third whereas, the first section and the fourth section of the agreement. He noted both parties did not want to go into litigation. He spoke with Pruitt about how they could change the maintenance and operating agreement, discussing about inspecting agencies, ongoing maintenance, and having a quantifiable measure of standards to be met. They both agreedthey want to have the lowest level possible for the coating, but it was debatable between the two parties what that level was. By unanimous consent, council allowed Pruitt to ,speak. Pruitt said the mean -low water levels were not always seen. The two foot tide would be almost impossible to do. He couldn't agree to something that was too difficult to accomplish. Pruitt noted the opportunities of mean tides in the coming months from this year's tide book. He described some of the work they had already done to put the coatings on. Shafer stated she didn't feel qualified to make that decision; and she didn't want to demand something Pruitt couldn't do. > Casagranda wanted to know how much time they would have when the tide went down. Dunham and others approximated probably twenty minutes at the most. Pruitt said they need something practical to work with. If they can get lower, they would. Smith he thought two feet was a reasonable way to go. Shafer and Keil agreed to revise their motion to approve Resolution 2011-005 to include adoption of the laydown version of the maintenance and operating agreement before the council. Casagranda wanted to know why a professional was not in attendance to verify this information. Smith said basically if the metal wasn't protected, it deteriorated. Shafer said but the cathotic protection system should protect when it's under water. Casagranda thought it would be worth having additional staff to avoid these potentially large costs in damages. In her opinion, she didn't know why they didn't spend more money and time to do it right. L-I City ofSeward, Alaska City Council Minutes January 27 2011 — Special Meeting Volume 38, Page Oates said it was partly a function of cost and realism. His question was what can they do as a city to provide the best protection that was cost effective? Dunham said their charge was to make the best decision they could for the city. Bardarson said it was to each side's benefit to get this taken care of. Dunham was in agreement with Pruitt about the mean low water levels. Pruitt said this had been a two year project already. Motion to Amend (KeiUShafer) Amend the laydown maintenance and operating agreement, section one to read as follows: "...of this Amendment to no less than two feet above mean low tide level water, and to a lower level when tides and weather permit, to the manufacturer's recommendations, as set forth...." Casagranda said this was basically saying he didn' mean low water. Bardarson said they would be doing it likely in the s — it could be in any point. Smith said there were some low said it would have to occur during more than one, and pro Bardarson wondered how other entities required. have to go any lower than two feet above ummer, Pruitt said when the time permitted tides in April, rPruitt said also in June. He bably several, low tides. this. Pruitt said this stipulation was not Motion to Amend Passed Yes: Keil, Shafer, Smith, Bardarson, Dunham No: Casagranda Motion to Amend (Shafer/Kel) Motion to Amend Passed Main Motion Passed , COUNCILS' COMMENTS - None CITIZENS' COMMENTS — None Amend the maintenance and operating agreement extension to Sept. 30, 2011 Unanimous Unanimous COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 12:56 p.m. City of Sewurd, Aluska City Council Minutes January 27 2011 —Special Meeting Volume 38, Page Johanna Kinney, CMC City Clerk (City Seal) (-IH Willard E. Dunham Mayor CITY OF SEWARD Main Office (907) 224-4050 P.O. BOX 167 Police (907) 224-3338 SEWARD, ALASKA 99661.01 1,7 . Harbor (907) 224-3135 Fire (907) 224-3445 City Clerk (907) 224-4046 Community Development (907) 224-4049 Utilities (907) 224-4050 Fax (907) 224-4038 1'ebl'liary 'f, 2011 Lieutenant Governor- Mead Treadwell Alaska State Capitol Building Third Floor Juneau, Alaska 99801 Dear Lieutenant Governor Treadwell, \Ve would like to extend our sincere appreciation for taking time out of your busy schedule to meet with the City of Sev,vard this week in .)uneau. The possibility of bringing back the first totally Alaskan -owned ground fisheries to our state is exciting. The ground lisherit:s came to be by the late Senator Ted Stevens in the reauthorization of the Magnuson/Stevens Act. The Coastal Villages Region Fund, being the largest of the six Community Development Quota (('DQ) companies, is taking the first step in "Alaskanizing our Alaska Fisheries." The 1111pICInClItati011 of thls Could be a cornerstone In bringing the seafood Industry back home, which has been diSCIISSCd Ill Some form or another 101- many Years now. It is crucial for us to work together to facilitate moving forward and not missing this incredible OPP01•tunity. On our way home from Juneau, we met with the Coastal Villages Region Fund, our engineers, and our economic study group to help us accomplish this undertaking. We hope to have an outline by early next week. As suggested by the Governor's Office, we are in the process of setting up a meeting with the Director of the Alaska Industrial Development and Export Authority (AIDIA) and their staff. We have letters of` intent coaling front the Coastal Villages Region Fund oil this platter also. The reception which our delegation received from you and your fellow cabinet members was heartwarming, humbling. and inspiring. We in Seward are still trying to get our arms around tills significant opportunity being presented Poi all of Alaska! Thant: you again for your time in meeting with us. We would �velcoine any insights you may have on how best to accomplish this project. 1ligh Regards. Willard E. Dunham, Mayor City of -Seward Jean M. Bardarson, Vice Mayor City of Seward - leers 6dSO mad-ed 1t) of -h5h Ca��e; Nu fuVaD 122sau.rces�• ,DtVdorPV-ot� 64ce afeta�c ur�l a°gefl-tiq 60verfior5zePu idt?a l� �'i�j �hd 1h e 1 k Y CGS, of ,rf S of 4' irk 0 2/9/2011 8:37 AM