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HomeMy WebLinkAbout08272012 City Council Packet Seward City Council Agenda Packet ,- .. _ , .... • . Fi - :11-IfC04t : - ,,,, ..: Ill _ ir. , , 'c. lil . A NDS OF THE WORLD �. r , . S 1 • gr0 r . , . 4 . 1 n �, ! t H t ' e j ' t .. ' % r > r . ;' 3 ' • / t aid'., * r > s a 7 > itt 1 20r2 Seward- (0►lbl ii l t rio ]Exlclhla ]n gre Bon FFesttiva11 Dance, 101bIt Japan (olnl August ]t5, 2oIl2 August 27 2012 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska ��..�d CITY COUNCIL MEETING AGENDA ditzew IF {Please silence all cellular phones and pagers during the meeting} P it August 27, 2012 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Jean Bardarson signed in will be given the first opportunity to speak Time is limited Vice Mayor to 3 minutes per speaker and 36 minutes total time for this agenda Term Expires 2012 item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer 1. Founder's Day Proclamation Pg. 3 Council Member Term Expires 2013 B. Chamber of Commerce Report C. City Manager's Report Marianna Keil D. City Attorney's Report Council Member E. Mayor's Report Term Expires 2012 F. Other Reports and Presentations Ristine Casagranda Council Member Term Expires 2012 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda August 27, 2012 Page 1 7. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2012 -008, Revising Seward City Code Chapter 14.05 (Garbage And Refuse), Increasing Allowable Container Sizes, Changing "Occupant" To "Occupant And/Or Owner ", And Requiring Bear - Resistant Dumpster Lids And /Or Containers For Repeat Attractive Nuisance Violations P 4 B. Resolutions *1. Resolution 2012 -069, Authorizing The City Manager To Enter Into A Contract With Metco Inc. In The Amount Of $143,695 For Z- Float/North East Harbor Grading & Drainage Upland Improvements, And Appropriating Funds Totaling $165,249.25 Pg. 9 C. Other New Business Items *1. Approval of the July 23, 2012 City Council Regular Meeting Minutes Pg. 14 2. Discussion on a community recreation committee (Casagranda). 8. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. June Providence Financial Report.. Pg, 21 9. COUNCIL COMMENTS 10. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 11. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 12. ADJOURNMENT City of Seward, Alaska Council Agenda August 27, 2012 Page 2 PROCLAMATION WHEREAS, on August 28, 1903, eighty-three men, women, and children arrived at Resurrection Bat) on the steamer The Santa Ana; and WHEREAS, aboard this steamer were two brothers, John and Frank Ballaine, who headed up the landing party; and WHEREAS, the settlers cleared the town -site, erected buildings, and began the construction of the Alaska Central Railroad, later to become the Alaska Railroad; and WHEREAS, in honor of William H. Seward, President Lincoln's Secretary of State, John Ballaine bestowed the name Seward upon this new town; and, WHEREAS, the landing date of August 28, 1903 is remembered as Seward's Founders' Day; and WHEREAS, the Resurrection Bay Historical Society, the Seward Communit Librar Museum, the Ad Hoc Incorporation Centennial Committee and the Cit of Seward have created multiple opportunities to pa homage to our Founders on August 28th this year, including: • Voting in the Primar Election at the new polling place, KM Rae Building 125 3rd Ave. from 7 a.m. until 8 p.m. • Attending the annual Seward Museum Open House from 1-3 p.m. with refreshments, door prizes and a chance to see Seward's history for free. Why • Getting to know your neighbors at the Founders' Dal] Community Discussion: 4'7 y Seward? What brought us here and wh clo we sta at 6:15 p.m. in the librar conference room. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereb encourage the citizens of Seward to take advantage of these opportunities to celebrate our Founders and the community they envisioned and proclaim Tuesday, August 28, 2012 as: FOUNDERS' DAY Dated this 27th Day of August, 2012 THE CITY OF SEWARD, ALASKA David Seaward, Mayor Sponsored by: Hunt Introduction: August 27, 2012 Public Hearing: September 10, 2012 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF SEWARD, ALASKA, REVISING SEWARD CITY CODE CHAPTER 14.05 (GARBAGE AND REFUSE), INCREASING ALLOWABLE CONTAINER SIZES, CHANGING "OCCUPANT" TO "OCCUPANT AND /OR OWNER ", AND REQUIRING BEAR - RESISTANT DUMPSTER LIDS AND /OR CONTAINERS FOR REPEAT ATTRACTIVE NUISANCE VIOLATIONS WHEREAS, the City of Seward ( "City "), by its Charter and Ordinances provides for the sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the City and its service areas through a franchise agreement with a refuse contractor; and WHEREAS, the Alaska Public Utilities Commission has been replaced with the Regulatory Commission of Alaska, necessitating housekeeping changes to the Garbage and Refuse Code; and WHEREAS, changes to the City Code are necessary to reflect recent modernizations in the system of refuse collection to accommodate larger container sizes; and WHEREAS, the City desires to improve public safety by minimizing negative bear /human/garbage encounters by imposing fines on individuals who fail to prevent access to their garbage by bears, and by requiring repeat offenders to utilize locking dumpster lids and /or bear - resistant dumpsters and /or garbage cans during the months of May through August, to minimize such encounters; and WHEREAS, the City works cooperatively with local agencies and interested parties to protect public safety by minimizing bear /garbage /human encounters, and by modifying the Garbage and Refuse Ordinance, can add incentives for local citizens and businesses to more responsibly containerize their garbage in such a way as to not attract bears. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.05.010 Refuse Service Provided and Required is amended as follows: Strikeout = Delete Bold = New (a) Every person occupying and /or owning a building or building site within the city shall use the system of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit from the Alaska Public Utilities Commission Regulatory Commission of Alaska. The city may exempt a person from this requirement only to the extent they are paying for refuse service at another building or building site within the city. CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 (b) The city shall either provide or contract for collection and disposal of refuse. The public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed, reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the Alaska Public Utilities Commission Regulatory Commission of Alaska may collect, dispose, or remove refuse from any premises in the city. Nothing in this section shall be deemed to prohibit an occupant and /or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. (Ord. 415, 1975; Ord. 428, 1976; Ord. 504, 1982) Section 2. Seward City Code Section 14.05.025(a) Use of Containers and Placement is amended as follows: Strikeout = Delete Bold = New (a) Every person occupying and /or owning a building in the city shall provide containers suitable for collection of refuse. All refuse such as vacuum cleaner dust, non - explosive liquids, sweepings and other refuse that poses a hazard to collection or risk of spillage in normal collection shall be individually packaged prior to placement in a container. Section 3. Seward City Code Section 14.05.030(a) Container Specifications Generally is amended as follows: Strikeout = Delete Bold = New (b) All containers shall conform to the following minimum specifications: (1) Shall not exceed 40 96 gallons capacity; (2) Shall not exceed 65 220 pounds when filled; (3) Shall not exceed 30 65 pounds empty weight; (4) Shall be watertight with an animal -proof lid and of adequate durability for continued use. No corrugated cardboard box shall be used except as herein provided. No 50 or 55 gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered. Section 4. Seward City Code Section 14.05.035 Container Racks is amended as follows: Strikeout = Delete Bold = New Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind, weather, animals, or accident. Containers or container racks shall not be placed on the public right of way. Violation of this section due to bear attractants is subject to a fine of $100.00 for each offense. The fine for the first offense only will be waived upon proof of purchase or lease of the appropriate containment measure (e.g. locking dumpster lid, bear - resistant dumpster, or bear - resistant CITY OF SEWARD, ALASKA • ORDINANCE 2012 -008 garbage can), provided the containment measure is in place within 30 days of the date of the violation. More than one violation of this section by dumpster customers will require the occupant and /or owner to obtain a locking dumpster lid or bear - resistant dumpster for the period May through August. In addition to the $100 fine, more than one violation of this section by customers utilizing garbage cans will require the occupant and /or owner to purchase or lease a bear - resistant garbage can. (a) Containers or container racks shall not be placed on the public right -of -way. (Ord. 504, 1982; Ord. 95 -06) Section 5. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 10 day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) b Council Agenda Statement ' do f S Fk► Meeting Date: August 27, 2012 Through: James Hunt, City Manager 4L ''St P. From: Kristin Erchinger, Finance Director 01/ 10 Agenda Item: Garbage and Refuse Ordinance BACKGROUND & JUSTIFICATION: The City of Seward is pursuing a franchise agreement for solid waste collection services which will take effect January 1, 2013. In the course of preparing for a new agreement, staff reviewed the City's current Refuse Tariff and the City Code Chapter 14.05 Garbage and Refuse, and propose a number of changes to address the following: 1) housekeeping to replace verbage referencing the former Alaska Public Utilities Commission with its replacement agency, the Regulatory Commission of Alaska; 2) recent modernizations in the system of refuse collection require replacing the out -dated garbage can sizes with the new larger capacity can sizes; 3) replacing the term "occupant" with "occupant and/or owner" to allow for better enforcement on properties without a current occupant; 4) specifying the condition under which a person may be exempted from paying for refuse (only if the person pays for refuse at a separate location within the City); and 5) measures aimed at minimizing bear /human/garbage encounters include encouraging the use of bear - resistant garbage cans, and mandating the purchase of those cans and/or bear - resistant dumpster lids for individuals or entities who do not take proper measures to contain garbage to deter bear encounters. The City of Seward police department, community development department, and administration have been working cooperatively with other local agencies and interested parties to consider ways to reduce incidents involving bear/human/garbage interactions. The Seward Wildlife Community Conservation Program ( "SWCCP ") was formed in 2008 with the goal of conserving wildlife and their habitat in the Seward area. They receive guidance from the Alaska Department of Fish and Game, and were instrumental in receiving grant funds from the U.S. Fish & Wildlife Service and Conoco Phillips, to provide for the subsidized sale of bear resistant garbage cans in the Seward area, at 25% of the full cost of the cans. This effort resulted in the sale of more than 650 bear - resistant garbage cans, half of which are assumed to have been purchased by local residents. The SWCCP and its partners continue to work with the City and have made a number of recommendations to the City to reduce bear attractants, which are incorporated into the proposed Code revisions. One material proposed revision to the Code, involves an attempt to incentivize local residents to properly contain their garbage to reduce bear attractants. A proposed fine of $100 has been added to the Code, for containers and/or racks which do not properly prevent garbage from being spilled by "wind, weather, animals, or accident." An additional penalty has been added to the Code for multiple violations involving bears; multiple violations involving dumpsters will require the occupant and/or owner to obtain a locking dumpster lid or a bear - resistant dumpster (both available from the contractor) during the months May through August, and multiple violations involving garbage cans will require the occupant and/or owner to purchase or lease a bear - resistant garbage can (also available from the contractor). 1 The City has also worked with the current refuse contractor to identify additional revisions to the City Code. The proposed modifications to increase garbage can maximum capacity sizes based on newer inventories such as bear - resistant garbage cans, were suggested by the refuse contractor, as follows: from the current maximum 40 gallon capacity to the proposed 96 gallon capacity; from the current 65 pound maximum filled weight to the proposed 220 pounds filled weight; and from the current 30 pound maximum empty weight to the proposed 65 pounds empty weight. The administration recommends approval of the proposed changes to the Garbage and Refuse . Chapter of the Seward City Code. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: Page 11- Community Appearance, Page 13 -City X Government, Page 26- Public Facilities. 2. Strategic Plan: Page 4- Nautural, Promote a Safe Community -Page 18 X 3. Other (list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions will not result in additional costs to the City, or additional revenues. Approved by Finance Department: , RECOMMENDATION: Ord t t1 Ce dti fa- 0°3 Council approve D so'utior ^f ^ , approving modifications to Seward City Code Chapter 14.05 Garbage and Refuse. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH METCO INC. IN THE AMOUNT OF $143,695 FOR 1. FLOAT/NORTH EAST HARBOR GRADING & DRAINAGE UPLAND IMPROVEMENTS, AND APPROPRIATING FUNDS TOTALING $165,249.25 WHEREAS, the purpose of the 2010 Designative Legislative Grant in the amount of 2,000,000 is to provide funding to the City of Seward for use towards security and fire protection and upland improvements for the Z -Float project; and WHEREAS, the objective of this project is to expand the Seward Small Boat Harbor by installing a new Security (Z) Float and upland improvements; and WHEREAS, the upland improvements were advertised for bids an accordance with Seward City Code 6.10.215 and the lowest responsive and responsible bidder of the two companies which submitted bids was Metco Inc.; and WHEREAS, the bids for this project ranged from a low of $143,695 to a high of $386,060; and WHEREAS, grant funds may be used towards contractual services, engineering, design, planning, permitting, project management, and construction; and WHEREAS, the grading & drainage upland improvements for the (Z) -Float project will be finished by fall of 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to negotiate and enter into a contract with Metco Inc. for construction services to complete the grading and drainage upland improvements for the (Z)- Float project in the amount of $143,695. Section 2. The amount of $165,249.25 is hereby appropriated from the Security (Z) Float project account number 274 - 2746 -5390 to allow for payment of construction services including up to 15% contingencies. Section 3. This resolution shall take effect immediately. Council Agenda Statement r, 4 O f e� Meeting Date: August 27 2012 K Through: City Manager Jim Hunt From: Norman Regis Deputy Harbormaster Agenda Item: Metco, Inc. Contract for Grading & Drainage at Z Float BACKGROUND & JUSTIFICATION: In 2010 the City successfully received a State Legislative grant for $2.0 million for the following project: Security and Fire Protection for Commercial Passenger Vessels. This funding will enable the completion of Phase 3 of the East Harbor Expansion Project including the Security (Z) Float and upland improvements. Working with CRW Engineering Group, LLC the City solicited for bids for Z -Float upland improvements. 2 Bids were received by August 8, 2012 deadline. The bidders were Metco Inc. and Bristol Construction Services, LLC. The lowest bidder was at opening was Metco Inc. This construction company did (3) projects for the City within the last 12 months. The bids ranged from a low of $143,695.00 to a high of $386,060.00, City Staff and CRW reviewed the bids and found the low bid by Metco Inc. to be responsive and responsible. The City has reviewed the bid from Metco Inc. and recommends awarding the contract for Z- Float/North East Harbor Grading & Drainage Improvements. The total cost to the City would not exceed $165,249.25 (the bid /contract amount of $143,695.00 plus a 15% contingency). INTENT: Authorizing the City Manager to enter into construction contract with Metco Inc. for $143,695.00 for Grading & Drainage upland improvements for Z- Float, plus a contingency of 15% and appropriating and amount not to exceed $165,249.25. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan :Economic Development, Small Boat Harbor 1. Development, expand and maximize potential of the existing harbor X parking area 2 Strategic Plan : Economic Base, Improve and expand Maritime X Facilities complete with a parking plan. 3. Other (list): X FISCAL NOTE: Funding in the total amount of $165,249.25 from account 274 - 2746 - 4680 -0200 to be appropriated to 274- 2746 -5390 to allow for payment of construction services including up to 15% for additional contingencies Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council supports Resolution 2012 - ©authorizing the City Manager to enter into a construction contract with Metco Inc. for $143,695.00 and appropriating funds to Contracted Services. t1 CITY OF SEWARD, ALASKA NORTH EAST HARBOR GRADING & DRAINAGE IMPROVEMENTS CONTRACT THIS CONTRACT, made this 9 day of August , 2012, between the City of Seward, Alaska, acting by and through its Contracting Officer, party of the first part, and Metco , Inc. its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all equipment, material, and labor required to construct the NORTH EAST HARBOR GRADING & DRAINAGE IMPROVEMENTS project in accordance with the contents of the Invitation for Bids and attachments submifed with the bid. The Contractor hereby agrees that the unit bid prices set forth in his Bid Schedule are full compensation for furnishing all equipment, material and labor which may be required in the prosecution and completion of the whole work to be done under this Contract, and in all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contract Payment shall not exceed: One hundred forty three thousand six hundred ninety five dollars ( $143,695.00 ), Dollars. The Contractor further covenants and agrees that: all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect with the Bid Documents, Specifications and Drawings, (and Addenda thereto) and Bid Schedule (with exceptions noted above); that he will abide by and perform all stipulations, covenants, and agreements specified in those documents, all of which are by reference hereby made a part of the Contract, as to all premises therein: and in case any materials or labor shall be rejected by the Contracting Officer or authorized representative as defective or unsuitable, then the materials shall be removed or replaced with other approved materials and the labor shall be done anew, to the satisfaction of the Contracting Officer or his representative, at the cost and expense of the Contractor. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City of Seward subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Contracting Officer, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work is ordered in writing by the Contracting North East Harbor Grading & Page 1 of 2 Contract Drainage Improvements 1� 6 . In no event shall the Contractor incur any liability by reason of verbal directions f iStructions given by the Contracting Officer or his representatives, nor will the City of ;ray be liable for any material furnished or used, or for any work or labor done, 3 materiels, work, or labor are required by the Contract or On written order first i. r3 r:.r - pen by the Contracting Officer. Any such work or materials which may be done •fmlehed by the Contractor without written order first being given shall be `at the ' :o rf a oaf t a, own risk, cost, and expense and the Contractor hereby covenants and make no claim for compensation for work or materials done or furnished • ii 4.: uch written Carder. • Gontractor further covenants and agrees that all work must be substantially by October 7, 2012 and all work must be complete by November 6, 2012 in :.7a.fery reepect, to the satisfaction of the Contracting Officer. It is further expressly undeeetood and agreed that in case of the failure on the part of the Contractor, for any with the written consent of the Contracting Officer, to complete the r €.rriri>hing e=nd delivery of materials and the doing and performance of the work before ihe aforesaid dates, the party of the first part shall have the right to recover $500.00 per or each calendar day elapsing between the time stipulated for the Substantial Crornpp etion Date and/or $250 per day for each calendar day elapsing between the time - i:ipulated 'for Final Completion Date and the actual date completed in accordance with ? :h -- germs hereof; such aforementioned deductions to be made, or sums to be c not as penalties but as liquidated damages. Provided, however, that upon ipJE of w itten notice from the Contractor of the existence of causes over which the (. :Onl:raactor no control and which must delay the completion of the work, the ...;.?=rli= c:iri Officer may, at his discretion, extend the period specified for the completion work and in such case the Contractor shall become liable for liquidated damages i'or delays commencing from the date on which the extended period expires. , ;.HEREOF the parties hereto have executed this Agreement, the day and first above written. I OF= SEWARD CONTRACTOR Metco, Inc. • y' t / 8/9/12 (DATE) `ATHORIZE6 SIGNATURE (DATE) TTES CITY CLERK ±? za s_-ri. E Harbor Grading & Page 2 of 2 Contract _ . it fir >. 3 M prove ra ;ent = City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page CALL TO ORDER The July 23, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Sgt. Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Marianna Keil Vanta Shafer Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Cheryl Brooking, City Attorney Johanna Kinney, City Clerk Absent — Christy Terry, Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Darryl Schaefermeyer submitted an application to be reappointed to the Port And Commerce Advisory Board ( PACAB). Steve Fink was currently a member of PACAB and hoped council would consider him for another term. He expressed support for the Coastal Villages project, and wanted to continue working with PACAB and the city on this project. Joe Fong was the new interim administrator for Seward Providence Medical Center and introduced himself to the council and community. He had been in Anchorage for the last 11 years at Providence and was excited to be in Seward and looked forward to working with the council. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Keil) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: 14 City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page The July 9, 2012 City Council Regular Meeting Minutes were approved. Non -Code Ordinance 2012 -007, Appropriating Funds To Make Expenditures Which Could Influence The Outcome Of An Election Concerning A Ballot Proposition Addressing Exemption Of City Of Seward Municipal Elected And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes, (State Of Alaska Public Official Financial Disclosure Law) In An Amount Not To Exceed $1,500. (Introduced and set for public hearing and enactment for August 13, 2012) Resolution 2012 -051, Accepting A State Of Alaska FY2013 Grant -In -Aid For $1,998.45 For The Purpose Of Purchasing Archival -Grade Packing Materials For the Seward Community Library Museum And Appropriating Funds. Resolution 2012 -052, Supporting Kenai Peninsula Borough Ordinance 2012 -28, Amending Borough Code To Provide That All Seats Of The Seward -Bear Creek Flood Service Area Board Shall Be Filled By Residents Of The Service Area And Eliminating The Requirement That Four Of The Seats Be Residents Of The City Of Seward And Three Be Residents Of The Rest Of The Service Area. Resolution 2012 -053, Accepting A State Of Alaska Designative Legislature Grant To Renovate The Restrooms Located At The Harbormasters Building On 4 Avenue, In The Amount Of $130,000 And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards The Obihiro Japan Exchange Students were introduced by Seward International Friendship Association representative Phyllis Shoemaker. A Proclamation was read for Sister Cities Appreciation Week. Chamber of Commerce Report, Cindy Clock stated Seward Halibut Tournament raised almost $5,000 more than last year. Out of the ten halibut that were tagged, one tagged halibut was caught for $250. Although the auction for Mt. Marathon brought in less this year, the entry fees for the race made up the difference. Clock had received many calls, emails and letters from and for the LeMaitre family and those injured from the Mount Marathon Race expressing their gratitude and support. For the 57 Silver Salmon Derby, in addition to the tagged fish, Chevrolet was having a tagged fish for a 2012 vehicle. To follow up on the 2010 Economic Development Assessment, a work session was scheduled by the chamber for Monday, July 30, 2012. The Small Business Development Center would be hosting a start-up business work shop in Seward with Bryan Zak. Zak was also always available by appointment. City Manager's Report, Ron Long stated the community lost Gene Skinner last night. 1� City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page He was a former mayor and a known figure in the community. Long announced there would be more announcements coming and asked the council to keep the family in the thoughts and prayers. The following expenditures between $10,000 and $50,000 were approved by the City Manager since the last council meeting: 250 -ton slings and wire rope for $16,834.27, foundation for silencer building for electric department for $14,570, and roof replacement on generator #3 and #6 building for electric department for $18,500. The annual welcome party for the Japanese Exchange students from Sister City in Obihiro, Japan would be on Wednesday, July 25, 2012. The Division of Elections announced they had moved the polling location for voters in the Seward City Limits to the KM Rae Building at 125 3rd Avenue. In addition to this change, the polling location for Lowell Point voters has changed to this location so voters do not have to bypass through Seward to vote out at Bear Creek. Parks and Recreation was planning on utilizing the Hazard Waste day at the dump on Saturday, July 21, 2012. Campgrounds had been busy and pretty much full since before the 4th of July. The Parking Department just got new radios for their department and upgraded and installed new parking lot signs. The Teen and Youth Center had a successful Summer Splash event, raising over $2,000 for their High School Scholarship Fund. The Harbor was working on a proposed tariff change to offer the possibility of permanent moorage for longer vessels including some of the Coastal Villages fleet. Deputy Harbormaster Norm Regis recently completed an on -line course in Harbor Administration through University of Alaska Southeast. The Coast Guard performed their annual security inspection on July 18, 2012. They found no deficiencies and they made only two very minor comments. The Corps of Engineers awarded the Small Boat Harbor dredging work to West Construction. The city planned to contract with Metco for $47,270 for the preparation of the dredged material site at SMIC. The office staff was getting closer to having the new software system operational. In Public Works, the Seward Marine Center Dolphin Project complete and they were now just waiting for As- Builts. The L.P.W.W.T.P (Lowell Point Waste Water Treatment Plant) 1991 Sludge compost piles at SMIC should be removed by July of 2013. The department was looking at 2012 budget numbers to prepare for modifications if necessary. City Attorney's Report, Cheryl Brooking provided handouts related to the Open Meetings Act (OMA) and state statutes. Brooking noted the few exceptions to the Open Meetings Act, stated remedies for failure to comply, enforcement procedures, and selected cases from the past. She defined what a public meeting was and the requirements for providing proper notice to the public. There were no longer different rules for decision making bodies versus advisory committees. Now, more than three or a majority, whichever is less, constituted a meeting. Social occasions did not constitute an official meeting, unless there was discussion related to official business. Meetings could be considered to be in person, on the telephone, and through email. She elaborated on the rules and procedures for holding executive sessions and stressed the importance of maintaining the confidentiality of attorney - client privilege. Mayoral Report, David Seaward gave condolences to the Skinner family. He read a letter from Kushiro, Korea for the Silver Salmon Derby which honored the 30 Anniversary of City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page the Sister Port agreement. Seaward was contacted today by Department of Corrections (DOC) Commissioner Schmidt regarding the staffing changes coming at Spring Creek Correction Center (SSCC). Tomorrow the Deputy Commissioner for the DOC would be in Seward to meet with Seaward, the Vice Mayor and city administration. He was just notified about this today. Keil said she had read the mayor's posting on Seward City News regarding the changes at Spring Creek Correctional Center (SSCC) and thought it implied that council discussed it and that was the body's policy instead if Seaward's own personal opinion. Keil requested that Seaward, when providing his personal opinion on a matter, explicitly state that for the record and not sign it or imply that he was speaking in his role as mayor. Shafer said she heard the Mayor speaking on the radio in Kenai and thought he did well. NEW BUSINESS Resolution 2012 -054, Allocating Funds For Dredging And Required Site Preparation Work For Dredging The Small Boat Harbor Pursuant To The City's Agreement With The U.S. Army Corps Of Engineers And Authorizing The City Manager To Enter Into The Required Contract In The Amount Of $465,618 And To Rescind Resolution 2012 -035. Motion (Bardarson /Shafer) Approve Resolution 2012 -054 Harbormaster Mack Funk said he had previously asked for funding for the dredging removal project and was now asking council to approve this resolution and rescind the former one. The result was there was more commercial passenger vessel funding through this resolution and less total money involved here. He was recommending that the harbor dredge two of three local responsibility areas within the harbor and set aside the third area for now that was designated for smaller boats with shallower keels, and therefore was less of a priority. Motion Passed Unanimous Resolution 2012 -055, Authorizing Construction Of A Seawall To Protect Underground Utilities Located At SMIC, In An Amount Not To Exceed $40,000 And Appropriating Funds. Motion (BardarsonfKeil) Approve Resolution 2012 -055 Long pointed out in the lay down picture how the wave erosion had undercut the area in question by about 200' near the utility pedestal and the tower had been vacated because of the erosion. There was sufficient rock and rip rap in reserve storage at the quarry for this type of emergency and crews were ready to proceed as directed. Motion Passed Yes: Bardarson, Shafer, Keil, Seaward No: Casagranda Resolution 2012 -056, Stating An Intent To Fund $490,000 For The Lowell Point And SMIC Lagoons Sludge Removal Project, Subject To Receiving A Loan In That Amount, City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Clean Water Fund With Payments Subject To Bi- Annual Appropriation. Motion (Bardarson /Shafer) Approve Resolution 2012 -056 Long said administration was still seeking grant funding for this project, but wanted to have other options in place. He said if council authorized this application, it would strengthen the city's position to apply for grants. Motion to Amend (Bardarson /Keil) Amend Resolution 2012 -056, changing payment schedule from "Bi- Annual" to "Annual" in the title. Motion To Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2012 -057, Authorizing The City Manager To Enter Into A Grant Agreement With The Alaska Department Of Environmental Conservation Municipal Matching Grant Program With A Total Award Of $2,508,000 For Phase II Of The North Seward Water Storage Tank And Pumping Facility Project, And Appropriating Funds. Motion (Bardarson /Shafer) Approve Resolution 2012 -057 Motion to Amend (Seaward/Bardarson) Amend Resolution 2012 -057, changing the amount in the Eighth Whereas from "82,510,000" To "82,508,000 ". Motion To Amend Passed Unanimous Casagranda asked if there was grant paperwork available, including project completion date. Long stated this would come back to council at a later time. Public Works Director W.C. Casey stated that on page 88 of the packet was the formal letter to the city manager, but they had not yet received formal grant paperwork. Main Motion Passed Unanimous Resolution 2012 -058, Stating An Intent To Fund $400,000 For The Maple Street Sewer Line Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To Enter Into A Loan Agreement With The Alaska Drinking Water Fund With Annual Payments Not To Exceed $24,000, And Subject To Annual Appropriation. Motion (Bardarson/Keil) Approve Resolution 2012 -058 City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page Casey stated the intent was to use and leverage the approval of the loan to apply for a 70/30 matching grant, which would be a cost savings, in order to develop a redundant sewer in the area of the senior care facility. The result of this grant would be instead of the city taking out a loan in the amount of $400,000, the city could receive a grant for $300,000 and only have to pay $100,000 for the project. Bardarson was concerned about the city having the cash flow to pay for their portion of the loan payment, and asked that council be informed prior to entering into a financial commitment. Casey replied that in 2013 the city would be retiring some debt, and could enable the city to handle making payments on a loan of $90,000 - 100,000 at 1.5% interest. Motion to Amend (Bardarson/Keil) Amend Resolution 2012 -058, creating a new section 4 that reads, "The City Manager is directed to report to Council a payment schedule and final loan amount before execution." Motion to Amend Passed Unanimous Main Motion Passed Unanimous OTHER NEW BUSINESS Council unanimously voted to appoint Darryl Schaefermeyer, Bruce Jaffa and Steven Fink to the Port and Commerce Advisory Board with terms expiring July 2015. INFORMATIONAL ITEMS AND REPORTS (No action required) Letter from Senator Mark Begich congratulating Seward on 100 years of incorporation. Letter from the City of Kushiro acknowledging the 30` Anniversary of the signing of the Sister Port Agreement with the City of Seward. COUNCIL COMMENTS Bardarson welcomed the Japanese exchange students and remembered when she was an exchange student herself many years ago. She offered condolences to the Gene Skinner family and said he contributed a lot to our community and would be greatly missed. She thanked Schaefermeyer, Fink and Jaffa and Ms. Bablinskas for applying for PACAB. She reminded everyone that there were openings on the Planning & Zoning Commission as well as the Flood Board. She thanked the Finance Department for the work they did to get their records recaptured and their system up and running again. Keil thanked council for their support while she was out during her mother's recent passing. She said mother was a special person who was an active community volunteer who provided service and wished nothing in return, much like members of this council. 1�. City of Seward, Alaska City Council Minutes July 23, 2012 Volume 38, Page Shafer asked council and administration to consider creating a long -range a plan for dealing with global environmental events, like the impact of global warming and coastal erosion on our community. Mr. Skinner would be missed. Also, the sound system in council chambers needed to be replaced badly. She requested administration provide a report to council about sidewalk repairs. She was happy to see the Japanese students here, and said she made a trip to Obihiro, Japan about ten years ago. She offered her condolences to Councilmember Keil. Long gave his condolences to the Skinner family, and welcomed back Councilmember Keil. He congratulated the Seward students who would be traveling to Japan, and welcomed those who were visiting us now. He congratulated those appointed to PACAB. He committed administration to bring council sidewalk and ADA access improvements in the very near future. Seaward thanked the public for watching, and Martha Fleming and GCI for broadcasting the meeting. He thanked the Fire Department and the volunteers for the Mount Marathon search for Michael LeMaitre. CITIZENS' COMMENTS Sue McClure thanked council for the support resolution for the Seward /Bear Creek Flood Service Area Board. She encouraged people to apply for the seats. She said tomorrow would be a permitting information day at Legend's and there would be people available to answer a variety of questions. She hoped staff would bring forward a sidewalk status /plan soon. Darryl Schaefermeyer thanked council for their vote of confidence for him and his colleagues on PACAB. He thanked the city for their cooperation in working with the Alaska SeaLife Center. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil said she almost hit a bear when traveling to the meeting tonight. ADJOURNMENT The meeting was adjourned at 8:50 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) 7/31/2012 10:11 AM Run Date - 7/31/12 @ 10:11 AM Providence Health & Services DET_OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of June 2012 Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 155 177 (12.4 %) Acute Care-Inpatient 1,177 1,061 10.9% 1,134 3.8% 646 530 21.9% Acute Care - Outpatient 3,341 2,905 15.0% 2,782 20.1% 176 163 8.0% Primary Care 886 827 7.1% 644 37.6% 932 1,175 (20.7 %) Long -term Care 6,108 7,127 (14.3 %) 6,831 (10.6 %) - - - Homecare & Hospice - - - - - - - - Housing & Assist. Living - - - - , - 1,909 2,045 (6.7 %) Total Gross Service Revenues 11,512 11,920 (3.4 %) 11,391 1.1% Revenue Deductions: 24 31 (22.6 %) Charity Care 110 185 (40.5 %) 151 (27.2 %) 226 386 (41.5 %) Medicare & Medicaid 1,741 2,260 (23.0 %) 2,335 (25.4 %) 1 - - Negotiated Contracts 11 - - 16 (31.3 %) 91 85 7.1% Other 471 451 4.4% 408 15.4% (U 342 502 (31.9 %) Total Deductions 2,333 2,896 (19.4 %) 2,910 (19.8 %) - • 16 _ 97 (83.5 %) Bad De _ 120 515 (76.7 %) - 1,551 1,446 7.3% Net Service Revenue 9,059 8,509 6.5% 8,481 6.8% - - - Premium Revenue - - - - - - - - Rental and Education Revenue - - - - - 16 6 166.7% Other Operating Revenue 72 35 105.7% 171 (57.9 %) 1,567 1,452 7.9% Total Net Operating Revenues 9,131 8,544 6.9% 8,652 5.5% Expenses from Operations: - - - Purchased and Healthcare Expenses - - - - - Other Expenses from Operations: 803 701 14.6% Salaries & Wages 4,689 4,212 11.3% 4,479 4.7% 250 241 3.7% Employee Benefits 1,351 1,373 (1.6 %) 1,240 9.0% 8 5 60.0% Professional Fees 48 27 77.8% 83 (42.2 %) 99 79 25.3% Supplies 505 456 10.7% 506 (0.2 %) 189 186 1.6% Purchased Service 1,275 1,118 14.0% 1,285 (0.8 %) 3 2 50.0% Depreciation 13 11 18.2% 11 18.2% 1 4 (75.0 %) Interest and Amortization 12 26 (53.8 %) 20 (40.0 %) - - Bad Debts - - - 489 (100.0 %) - 1 (100.0 %) Taxes and Licenses 2 4 (50.0 %) 2 - 61 59 3.4% Other Expenses 624 352 7T3% _ 429 45.5% 1,414 1,278 10.6% Total Other Exp from Operations _ 8,519 7,579 12.4% 8,544 (0.3 %) 1,414 1,278 10.6% Total Operating Expenses 8,519 7,579 12.4% 8,544 (0.3 %) 153 174 (12.1 %) Excess of Rev Over Exp from OPS 612 965 (36.6 %) _ 108 466.7% 1 - - Non - Operating Gain (Loss) 1 1 0.0% - - 154 174 (11.5 %) Excess of Revenues Over Expenses 613 966 (36.5 %) 108 467.6% Other Activity-Unrestricted (1,173) (1,220) 3.9% Increase (Decrease) in UR Net Assets (560) _ (1,112) 49 1 7/31/2012 10:12 AM PRELIM - Run Date - 7/31/12 @ 10:12 AM Providence Health & Services BAL_SHT 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of June 2012 June 2012 December 2011 June 2012 December 2011 Actual Last Year Actual Last Year ASSETS LIABILITIES & NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents (2,200) (1,991) Accounts Payable 144 226 System Pooled Cash - - Accrued Compensation 947 900 Mgmt Designated Cash & Cash Equiv. - Affiliates Payable - - Short Term Investments - - Payable to Contractual Agencies 17 361 Assets Held Under Securities Lending - - Deferred Revenue /Unearned Premiums 3 22 Accounts Receivable, Net 2,275 2,477 Liability for Unpaid Medical Claims - - Vs Affiliate Receivable - _ Liability for Risk - Sharing _ - Premiums Receivable Liabilities Under Securities Lending Other Receivables 77 907 Other Current Liabilities 2,782 2,834 Supplies Inventory at Cost Short-Term Debt - Other Current Assets 11 2 Current Portion of Long -Term Debt - - Current Port. of Assets -Use is LTD - Total Current Liabilities 3,893 4,343 Total Current Assets 163 1,395 Assets Whose Use is Limited: Long -Term Debt: Mgmt Designated Cash and Investments - Master Trust Debt - - Funds Held for Long -term Purposes 2,265 2,071 Loans from Affiliates - - Gift Annuity and Trust Funds - Other - - Funds Held by Trustees - L ong -Term Debt _ _ - Non - Current Assets Limited as to Use 2,265 2,071 Property, Plant & Equipment: Other Long -Term Liabilities 33 44 Gross Property, Plant & Equipment 136 107 Less: Accumulated Depreciation (109) (96) Total Liabilities _ 3,926 4,387 Net Property, rty, Plant & Equipment 27 11 Net Assets: Other Assets: Unrestricted (1,443) (883) Unamortized Financing Cost - - Temporarily Restricted 3 3 Interaffiliate Notes Receivable - - Permanently Restricted - Other (Incl. Long -term Investments) 31 30 Total Net Assets ( (880) Total Other Assets 31 30 Total Liabilities and Net Assets 2486 __. 3 507 Total Assets 2,486 3,507 8 7/31/2012 10:12 AM PRELIM - Run Date - 7/31/12 @ 10:12 AM Providence Health & Services STMT_CHG 110 - MGD - PROV SEWARD MED CTR Statement of Changes in Net Assets (in Thousands) Reported as of June 2012 UNRESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year (883) (569) Excess of Revenues Over Expenses 613 108 Restricted Contributions & Grants Net Assets Released from Rest. 29 - Interdivision Transfers (1,201) (1,219) Net Assets (Liabilities) Assumed - - r Unrealized Gains(Losses) on Invest. - - Extraordinary Items & Other (1) (1) Total Change in Net Assets (560) (1,112) Ending Balance _ (1,443) _ (1,681) TEMPORARILY RESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year 3 3 Investment and Other Income - - Restricted Contributions & Grants 29 - Net Assets Released From Rest. (29) - Interdivision Transfers - - Net Assets (Liabilities) Assumed - - Unrealized Gains (Losses) on Inv. - - Extraordinary Items & Other - - Total Change in Net Assets - - Ending Balance 3 3 9 7/31/2012 10:12 AM PRELIM - Run Date - 7/31/12 @ 10:12 AM Providence Health & Services CASHFLOW 110 - MGD - PROV SEWARD MED CTR Statement of Cash Flows (in Thousands) Reported as of June 2012 June 2012 June 2011 June 2012 June 2011 Current Year Last Year Current Year Last Year Operating Activities: Change in Net Assets (560) (1,112) Financing Activities: Adjustments to Reconcile to Net Cash Provided Proceeds from Rest. Contrib. and Invest Inc. 29 - by Operating Activities: Debt Borrowings - - Depreciation 13 11 Debt Reductions - - Amortization - - (Increase) Decrease in Def. Financing Costs - - Provision for Bad Debts 120 489 (Increase) Decrease in Funds Held by Trustee - - Extraordinary Items and Other - - Interdivision Transfers & Other (1,201) (1,218) Loss (Gain) on Sale of Cap. Assets - - Net Cash Prov by (Used in) Financing Act. (1,172) (1,218) Equity Income from Joint Ventures - - Changes in Certain Current Assets /Liab. 454 432 Increase (Decrease) in Cash & Cash Equiv. _ (209) (474) Increase (Decrease) in Other Liabilities (11) (13) Restricted Contrib. /Investment (Income)Loss (29) - Cash & Cash Equiv- Beginning of Period (1,991) (414) Net Assets (Contributed)Assumed and Other 1,201 1,219 Net Real. /Unreal. (Gains)Losses on Invest. ( - Cash & Cash Equiv- End of Period _ __(2?00) _ (888) Net Cash Provided by (Used in) Op. Act. 1,187 1,026 Investing Activities: PP &E Additions - - Supplemental Disclosure: Proceeds on the Disposal of PP &E (29) - Cash Paid for Interest, Net of Capital 12 20 Purchases of Investments - - Capitalized Lease Obligations - - Proceeds on the Sale of Investments (193) (283) Capital Contributions to Joint Ventures - Distributions from Joint Ventures - - (Increase) Decrease in Other Long -Term Assets (1) 1 Net Assets (Liab.) Assumed and Other (1) Net Cash Provided by (Used in) Inv. Act. (224) (282) 11 August 2 0 1 2 August 2012 September 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Monday Tuesday J Wednesday Thursday Jul 30 31 Friday Augl 2 3 12:OOpm PACAB Meetin m z m 6 7 8 9 10 6:OOpm P &Z WS 11:30am Seward Comm O 13 14 15 16 17 7:OOpm City Council M 12:OOpm PACAB Work 5 10:30pm Special Counci N m rn 20 21 22 23 24 6:OOpm P &Z Work Ses 6:30pm HP Meeting N O N 7 7 29 30 I31 6:00 pm CC WS; Obihin P Primary Election ) 7:OOpm City Council M m N 0 Nanci Richey 1 8/23/2012 8:11 AM Dss— September 2 012 September 2012 — — October 2012 SuM TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 Monday Tuesday Wednesday Thursday Friday Sep 3 4 5 6 7 7:OOpm P &Z Meeting 12:OOpm PACAB Meetin N. 0) 0 11 12 13 14 77:OOpm City Council M 11:30am Seward Comm 0 a v 1 18 19 20 21 6:00pm CC WS; Audit f 6:OOpm P &Z Work Ses 12:OOpm PACAB Work S 6:30pm Historic Preser e--1 a v 25 126 27 28 \0pm City Council M w N V v Nanci Richey 1 8/23/2012 8:11 AM a 7