HomeMy WebLinkAbout05092011 City Council Packet 1963 1965 2005 The City of Seward, Alaska
tolticti CITY COUNCIL MEETING AGENDA of
All-America City
�. {Please silence all cellular phones and pagers during the meeting}
May 9, 2011 7:00 p.m. Council Chambers
1. CALL TO ORDER
Willard E. Dunham 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who
Jean Bardarson have signed in will be given the first opportunity to speak. Time is
Vice Mayor limited to 2 minutes per speaker and 30 minutes total time for this
Term Expires 2012 agenda 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 2011 member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
Tom Smith
Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2011 A. Proclamations and Awards
Vanta Shafer 1. Proclamation for Keefer Brown ....Pg. 3
Council Member 2. Special Olympics Torch Run/Terry Pollard Memorial Exit
Term Expires 2011 Glacier Race .Pg. 4
3. Terry's Tires Bike Rodeo is May 14 Pg. 5
Marianna Keil 4. Welcome to the Pacific Ocean Division of the U.S. Army
Council Member Corps of Engineers Pg. 7
Term Expires 2012 5. Peace Officers' Memorial Day May 15 Pg. 8
Ristine Casagranda B. Borough Assembly Report
Council Member C. City Manager's Report
Term Expires 2012 D. Mayor's Report
E. Other Reports and Presentations
Phillip Oates 1. Jesse Lee Home Update given by Tom Swann
City Manager
Johanna Kinney 7. NEW BUSINESS
City Clerk
A. Ordinances for Introduction
Cheryl Brooking
City Attorney *1. Ordinance 2011 -003, Amending Seward City Code Sections
5.35.010 And 5.35.035 To Allow For An Increase In Sales Tax For Alcohol
Beverages And Tobacco Products Pg. 9
City of Seward, Alaska Council Agenda
May 9, 2011 Page 1
B. Resolutions
*1. Resolution 2011 -034, Awarding A Contract For Three Years To Merritt Enterprises
For Custodial Services At The Harbormaster's Building And Public Restrooms Behind The
National Park Service Building, The Northeast Launch Ramp, And The Upland Area For
$31,800 Per Year Pg. 18
*2. Resolution 2011 -035, Appropriating $39,834 For Year Two Of The Seward Shuttle
Bus Contract With First Student .. 27
3. Resolution 2011 -036, Amending The Surveillance Camera Policy. (Clerk's Note.
this resolution was still being reviewed by the attorney for the May 9, 2011 meeting at the time of
packet preparation) .Pg. 30
C. Other New Business Items
*1. Approval of the April 18, 2011 City Council Special Meeting Minutes and the April
25, 2011 City Council Regular Meeting Minutes Pg. 36
*2. Cancel the 5/23/11 Work Session with Friends of the Jesse Lee Home, and schedule
a Work Session to discuss Alaska SeaLife Center Energy Efficiency Funding for
5/23/2011 at 5:30 p.m.
3. Schedule a Work Session on Redistricting
8. INFORMATIONAL ITEMS AND REPORTS
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
May 9, 2011 Page 2
PROCLAMATION
v, ci A.
WHEREAS, over the summer, Wasilla resident Keefer Brown raised
funds to donate to the Alaska SeaLife Center for harbor seal research and
rehabilitation; and
WHEREAS, by selling homemade candles in Seldovia and
encouraging others to donate to marine research, Keefer successfully raised
$1,300 for the Alaska SeaLife Center; and
WHEREAS, Keefer's love of animals, especially the harbor seal, is
noteworthy and reminding why facilities like the Alaska SeaLife Center exist for
research, rehabilitation, and education; and
WHEREAS, from these inspiring efforts, Keefer was nominated and
awarded the 2011 Spirit of the Youth Award earlier this year; and
WHEREAS, the Spirit of the Youth is dedicated to creating,
promoting and recognizing youth involvement in communities across Alaska;
and
NOW THEREFORE I, Willard E. Dunham, Mayor of the City of
Seward, do hereby present this proclamation to Keefer Brown with sincere
gratitude for his contributions to the Alaska SeaLife Center and offer the City's
congratulations on achieving the 2011 Spirit of the Youth Award.
Dated this 9th day of May, 2011.
City of Seward, Alaska
*1
Willard E. Dunham, Mayor
PROCLAMATION
WHEREAS each year law enforcement globally join together with citizens and athletes
to run the Special Olympics torch throughout the world as guardians of the flame; and
WHEREAS four million athletes participate in Special Olympics activities annually, and
in Alaska over 2,000 athletes participate in 16 Olympic -Type Sports; and
WHEREAS the efforts of countless volunteers make Special Olympics possible; which
promotes sports for all abilities, unity, inclusion, respect, and acceptance in Alaska; and
WHEREAS on May 21, 2011 Alaska Law Enforcement officers and athletes statewide
will simultaneously carry the Special Olympics Alaska torch in their community during the
annual Alaska Law Enforcement Torch Run and Pledge Drive and the flame of hope will be lit
again at the Special Olympics Alaska Summer Games; and
WHEREAS at this year's games, many of our Alaskan community athletes, both youth
and adults, who experience an intellectual disability will be competing in a variety of Olympic- -
Type Sports, enjoying the thrill of athletic competition, focusing on their abilities and learning
the importance of "doing one's best" in the spirit of sportsmanship and
WHEREAS Police Lieutenant Louis Tiner and Special Olympics Representative Marie
Gage are organizing the Torch Run for the Seward area to be held in conjunction with the City of
Seward, Parks and Recreation Department, Terry Pollard Memorial Exit Glacier Fun Run on May
21, 2011 at the Resurrection Roadhouse with a start time of 10:00 a.m.
NOW THEREFORE 4 Willard E. Dunham, Mayor of the City of Seward, do hereby
proclaim May 21, 2011 as
THE LAW ENFORCEMENT TORCH RUN AND PLEDGE DRIVE
FOR SPECIAL OLYMPICS ALASKA
And encourage all to participate either by running or making a pledge to those who are
participating. The City Council acknowledges the hard work of the event organizers and
congratulates the athletes on their accomplishments.
Dated this 9th of May, 2011 THE CITY OF SEWARD, ALASKA
ALASKA
Willard E. Dunham, Mayor
L A W E N F O R C E M E N T
TORCH RUN.
FOR SPECIAL OLYMPICS ALASKA
PLEDGE DRIVE
y
PROCLAMATION
Whereas, the City of Seward Parks and Recreation Department organizes a youth
safety, Bike Rodeo each spring; and
Whereas, through the support of our title sponsor Terry's Tires and Lube and
through partnerships with key agencies: Providence Seward Medical Center, Seward Police
Department, Seward Bike Shop, Three Bears, Boy Scouts of America, and Stylin' Stitches
this event includes professional support and the promise of cool bike prizes for the first 75
participants; and
Whereas, kids can purchase a brand new, youth -size helmet for only $5 or an adult -
size helmet for only $10; and
Whereas, the following stations will be hosted for kids and their bikes: bike
maintenance check, safety education, bike registration, helmet fitting, free bike safety prizes,
and the favorite - the obstacle course; and
Whereas, the Seward Police Department will again host their Open House to provide
youth and adults an opportunity to meet and greet peace officers in an informal setting and
enjoy chips and a hot dog; and
Whereas, we expect to serve over 100 kids and impact their safety habits in the
future; and
Whereas, throughout the summer, kids wearing helmets and riding safely may be
"pulled over" and given a safety prize to further encourage safe riding through the year.
Now Therefore, I, Willard E. Dunham, Mayor of the City of Seward, Alaska do
hereby proclaim Saturday, May 14, 2011 to be
Terry's Tires Bike Rodeo Day
in the City of Seward, and urge all citizens to participate in the Police Department Open
House and Bike Rodeo at City Hall. We further urge all citizens to drive their bikes safely
and according to the laws, and always wear a helmet. And we urge all drivers to watch for
novice and experienced bikers and drive safely.
Dated this 9t day of May, 2011
The City of Seward, Alaska
1 ` / Willard E. Dunham, Mayor
Aa"crar:-11111 City of Seward, Alaska
Agenda Statement
r of S Fw
Meeting Date: May 9, 2011
Through: Phillip Oates, City Manager 41.ASKP
From: Karin Sturdy, Parks & Recreation Director
Agenda Item: Terry's Tires Bike Rodeo Proclamation
Bike Safety becomes a more important topic as the weather warms. Both kids and adults excitedly hop
aboard their previously snow -bound bikes and take to the streets and bike paths for fun and exercise.
Each year Seward Parks & Recreation Department (SPRD) coordinates a Bike Rodeo to bring safety
awareness to kids, especially.
The Seward Police Department joined the team to assist in leading the safety talks, and offering an
Open House of the Police Department. Terry's Tire and Lube became a partner and title sponsor a few
years ago. Providence Seward Medical Center and Stylin' Stitches are important collaborative
partners, as well.
Working together with these professionals and many others, the Bike Rodeo is a fun, festive place for
kids to buy a new helmet, meet a police officer, register their bike, learn the rules of the road, play in
the obstacle course, get a pre- season bike maintenance check, climb through a police cruiser and share
a hot dog with the police officers.
Awesome bike safety prizes are awarded to the first 75 kids who register.
All kids are encouraged to attend the Terry's Tires Bike Rodeo and Police Open House Saturday,
May 14 at 10 am. Volunteers are always needed to register kids, work the various booths, properly fit
a new helmet and clean up. Call Parks & Rec to obtain more information, 224 - 4054.
Sponsors 2011:
Seward Parks & Recreation Department; Seward Police Department; Terry's Tires & Lube;
Providence Seward Medical Center; Stylin' Stitches; Three Bears; Knot So Fast; Boy Scouts of
America; and, the Seward Bike Shop.
Seward Parks & Recreation: Mountains of Recreation
An Avalanche of Opportunities!
Proclamation for the Pacific Ocean Division,
United States Army Corps of Engineers
WHEREAS, the Pacific Ocean Division provides vital public engineering services
in peace and war to strengthen our Nation's security; and
WHEREAS, the Pacific Ocean Division is a team of dedicated professionals who
takes pride in being the engineering and construction agent of choice in the Pacific
region; and
WHEREAS, the Pacific Ocean Division's Alaska District, Far East District,
Honolulu District, and Japan Engineer District strengthen our nation's security by
building and maintaining America's infrastructure; and
WHEREAS, the Pacific Ocean Division has chosen Seward, Alaska as the location
for its Annual Meeting 2011; and
WHEREAS, the United States Army Corps of Engineers played a key role in
rebuilding Seward after the 1964 earthquake and tsunami; and
WHEREAS, the Pacific Ocean Division has provided vital public engineering
services to the City of Seward that have energized the economy and reduced the
risks from disasters; and
WHEREAS, the theme of the Pacific Ocean Division Annual Meeting 2011 is
Pacific Ocean Division 2020; and
WHEREAS, the Annual Meeting 2011 will stimulate the ideas and actions that are
necessary for the Pacific Ocean Division to continue strengthening our nation's
security and infrastructure into the future.
NOW, THEREFORE, I, Willard Dunham, Mayor of Seward, Alaska do hereby
proclaim May 9 through 13, 2011 as Pacific Ocean Division Days in Seward,
Alaska and do urge the citizens of Seward to welcome their Annual Meeting 2011.
Dated this 9 day of May, 2011
The City of Seward, Alaska
Willard E. Dunham
rrl
,,,,,,,,,:,,. ;,,,..,:.'„, ' . e , � *? N r,,
, .
WHER ' thngr e ss a nd; .President of the United States have
designated May t 5s,?eace Officers' Memorial pay, and the week on which
' May 15 falls-as Natflnal4 Pohce Week;; and
WHERE,t S, the members of iaw enforcement. throughout the City of
Sewar p l a y; an m essent rol in s afeguarding our community and building a
strong, safe future for Alaska, and
1 .
S t,is important that cur ci recognize and appreciate the
WHEREA i
duties, `hazards, and. sacrifices of law enforcer ent personnel; and
WHEREAS, memb rs of our law enforcement agencies honor their duty
4 ''''''
to serve the people by saf guarding 1i ar property, by protection citizens
against violence;.' disorder and ;deception and by protection the weak against
oppression; and
WHEREAS we p tribute to . , the 162 , federal, state and local law
enforcement office s r who died .in the, line.of duty in 2010, two of which were
in Alaska; and
WHEREAS, already ni'2011 ' 65 law enforcement officers have fallen in the
line of, duty We honor their memory and sacrifice, and pay homage to their
legacy of sacrifice and devotion to duty.
NOW, THEREFORE, I, Willard E. Dunham, Mayor of Seward, Alaska, do
hereby encourage all citizens to acknowledge and honor the nationwide Peace
Officers' Memorial Day on May 15, 2011 and recognize the week of May 15-
''r 21, 2011 as National Police Week.
'�; , ,.T? Dated this 9 day o May, 2011.
THE CITY OF SEWARD, ALASKA
Willard E Dunhana,'Mayor
,,
Sponsored by: Oates
Introduction: May 9, 2011
Public Hearing:
Enactment:
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE SECTIONS 5.35.010 AND
5.35.035 TO ALLOW FOR AN INCREASE IN SALES TAX FOR ALCOHOL
BEVERAGES AND TOBACCO PRODUCTS
WHEREAS, the City of Seward (the "City ") and the Seward Community Library Museum
Building Committee (the "Committee ") have been working to secure funding, since 2003, for the
design and construction of a new community library museum (the "Project "); and
WHEREAS, the City and Committee have secured $5.1 million from the State of Alaska and
private foundation funding for the Project, and $1.1 million in grant applications are pending; and
WHEREAS, the City voters approved the issuance of a general obligation bond (the "Bond ")
in an amount not to exceed $5 million to finance capital costs of the Project; and
WHEREAS, additional funding sources for repayment of the Bond are under consideration,
including an increase in the City's sales tax levied on alcohol beverages and tobacco products; and
WHEREAS, the City currently levies a sales tax in the amount of four percent (4 %) and the
Kenai Peninsula Borough currently levies a sales tax in the amount of three percent (3 %), for a
combined sales tax in the City of seven percent (7 %); and
WHEREAS, it has been determined to be in the best interests of the City to increase the
City's sales tax levied on alcohol beverages and tobacco products from four percent (4 %) to fourteen
percent (14 %).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Seward City Code Section 5.35.010 is amended as follows:
Strip = delete Bold Italics = new
5.35.010. - Definitions.
In this chapter, unless the context specifically indicates otherwise, the
meaning of terms used in this chapter shall be as follows:
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
Alcoholic beverages. Means beer, wine, distilled spirits, and all other
spirituous, vinous, malt and other fermented or distilled liquid, whatever the
origin, that is intended for human consumption and that contains one -half of one
percent (0.5 %) or more of alcohol by volume, whether produced commercially or
privately.
Business. Means any activity engaged in by any person, or caused to be
engaged in by such person, him, with the object of gain, benefit or advantage, either
direct or indirect.
Cigarette. Means a roll for smoking of any size or shape, made wholly or
partly of tobacco, whether the tobacco is flavored, adulterated, or mixed with
another ingredient, if the wrapper or cover of the roll is made of paper or a
material other than tobacco.
City manager. Means the city manager of the City of Seward or the
manager's designee.
Cost price. Means the actual cost to a purchaser of an item or article of
tangible personal property computed in the same manner as the gross proceeds in this
section.
Dealer. Means:
(1) Every person in the city who makes any retail sale or sales of tangible
personal property or services or who leases or rents any tangible
personal property or real property, the receipts from which are taxed
by this chapter;
(2) Every person engaged in the business of making any retail sales or
rentals of tangible personal property for use, storage or consumption
in this city who either:
a. Maintains, occupies or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary or agent, by
whatever name called, an office, place of distribution, sales or
sample room or place, warehouse or storage place or other
place of business in this city;
b. Has any representative, agent, salesman, canvasser or solicitor
operating in this city under the authority of any person or
such person's his subsidiary for the purpose of selling,
1 c
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
delivering, or taking any orders for any tangible personal
property;
c. Every person who uses, consumes, stores or distributes
tangible personal property, whether purchased or self -
produced by such person, to be used or consumed in this city;
d. Every person who as a representative, agent or solicitor for an
out -of -city principal, solicits, receives, and accepts orders
from persons in this city for future delivery and whose
principal refuses to register under this chapter.
Distribution. Means the transfer or delivery of tangible personal property for
use, consumption, or storage by the distributee, and the use, consumption, or storage
of tangible personal property by a person who has processed, manufactured, refined,
or converted the property, but does not include the transfer or delivery of tangible
personal property for resale or any use, consumption, or storage otherwise exempt
under this chapter.
Employee. Means a person receiving consideration for services rendered an
employer, and who is entitled to worker's compensation coverage from the employer,
and whose employer makes all normal deductions from the employee's
compensation, including, but not limited to, state and federal withholding, social
security, unemployment and employment security benefits.
Employer. Means a person receiving services from an employee.
Gross proceeds. Means the total amount for which tangible personal property
or services are sold or for which tangible personal property or real property is rented,
valued in money, whether paid in money or otherwise, and includes any amount for
which credit is given to purchaser, consumer, or lessee by the dealer, without any
deduction therefrom on account of the cost of the property sold, the cost of materials
used, labor or service costs (whether incurred in the manufacture or installation of
tangible personal property or otherwise), transportation charges, losses or any other
expenses whatsoever. Cash discounts allowed and taken on sales are not included in
the gross proceeds nor shall gross proceeds include finance charges, carrying charges,
service charges or interest from credit extended on sales of tangible personal property
under conditional sales contracts or other conditional contracts providing for deferred
payments of the purchase price, nor shall gross proceeds include federal retailer's
excise tax or state excise taxes if the taxes are billed to the purchaser separately from
the selling price of the article. If used articles are taken in trade, or in a series of
trades as a credit or part payment on the sale of new or used articles, the tax levied in
!(
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
this chapter shall be paid on the net difference between the gross proceeds derived
from the new or used articles and the credit for the used articles.
Import and imported. Apply to tangible personal property imported into this
city from other areas in the state or from other states as well as from foreign
countries, and "export" and "exported" apply to tangible personal property exported
from this city to other areas within the state or other states as well as to foreign
countries.
In this city or in the city. Means within the municipal boundary limits of the
City of Seward, Alaska.
Lease or rental. Means the leasing or renting of tangible personal property
and real property or the possession or use thereof by the lessee for a consideration,
without transfer of the title to the property. •
City - managcr. Mans th- . - • • • _ •
Person. Means any individual, firm, copartnership, cooperative, nonprofit
membership corporation, joint venture, association, corporation, limited liability
company, estate, trust, business trust, trustee in bankruptcy, receiver, auctioneer,
syndicate, assignee, club, society, or other group or combination acting as a unit,
body politic or political subdivision, whether public or private, or quasi - public, and
the plural as well as the singular number.
Retailer. Means every person engaged in the business of making retail sales
of tangible personal property and providing taxable services as defined in this
chapter.
Retail sale or sale at retail. Means a sale to a consumer or to any person for
any purpose in the form of tangible personal property, other than for resale, or
services taxable under this chapter, and includes any transaction as the city manager,
upon investigation, finds to be in lieu of a sale. Sales for resale must be made in strict
compliance with this chapter. Any person making a sale for resale which is not in
accordance with this chapter shall himself-be liable for payment of the tax. "Retail
sale" or "sale at retail" includes but is not limited to:
(1) Cash or in -kind consideration for the sale or charges for any room or
rooms, lodging, accommodations or board furnished by an owner or
contractor in any hotel, motel, inn, industrial facility, tourist camp,
tourist cabin, camping grounds, club or any other place in which
rooms, lodging space or accommodations or board are regularly
furnished to transients or residents for consideration. In case of such
la
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
rooms, lodging, space, accommodations or board furnished by owners
or contractors, the owners or contractors shall pay the tax;
(2) Sales of tangible personal property to personas for resale if, because
of the operation of the business or its very nature, or the lack of a
place of business in which to display a certificate of registration, or
the lack of a place of business in which to keep records, or the lack of
adequate records, or because the persons are engaged in essentially
service businesses, or for any other reason, there is likelihood that the
city will lose tax funds due to the difficulty of policing the business
operations. The city manager may require vendors or sellers to such
persons to collect the tax imposed by this chapter on the cost price of
the tangible personal property sold to such persons and may refuse to
issue certificates of registration to such persons;
(3) The rendition of any taxable service;
(4) The purchase of supplies and equipment used or consumed in the
fabricating of an article of tangible personal property or in the
performance of a taxable service.
Sale. Means for consideration, any transfer of title or possession, or both,
exchange, barter, lease or rental, conditional or otherwise, in any manner or by any
means whatsoever, of tangible personal property, any lease or rental of real property,
and any rendition of a taxable service, and includes the fabrication of tangible
personal property for consumers who furnish, either directly or indirectly, the
materials used in fabrication; and the furnishing, preparing, or serving for a
consideration of any tangible personal property consumed on the premises of the
person furnishing, preparing or serving such tangible personal property. A transaction
whereby the possession of property is transferred, but the seller retains title as
security for the payment of the cost price is a sale.
Storage. Means any keeping or retention of tangible personal property for use,
consumption or distribution in this city, or for any purpose other than the sale at retail
in the regular course of business.
Tangible personal property. Means personal property which may be seen,
weighed, measured, felt or touched, or is in any other manner perceptible to the
senses. "Tangible personal property" does not include stocks, bonds, notes, insurance
or other obligations or securities.
Taxable sale. Means every sale of tangible personal property and every lease
or rental of tangible personal or real property.
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
Taxable service. Means any service whatsoever, whether professional,
personal, pursuant to contract, subcontract, or otherwise, excluding only services
rendered by an employee to an employer.
Tobacco products. Means:
(1) A cigar;
(2) A cigarette;
(3) A cheroot;
(4) A stogie;
(5) A perique;
(6) Snuff and snuff flour;
(7) Smoking tobacco, including granulated, plug -cut, crimp -cut and
ready- rubbed tobacco, and any form of tobacco suitable for
smoking in a pipe or cigarette;
(8) Chewing tobacco, including cavendish, twist, plug, scrap, and
tobacco suitable for chewing; or
(9) An article or product made of tobacco or tobacco substitute but not
including a tobacco.
Section 2. Seward City Code Section 5.35.035 is amended as follows:
Strikeout = delete Bold Italics = new
5.35.035. Imposition of sales tax.
(a) There is levied and imposed, in addition to all other taxes and fees of every
kind now imposed by law, a consumer's sales tax on all retail sales of tangible
personal property, the lease or rental of tangible personal property or real
property, and the purchase of taxable services, the same to be collected in the
amount of three percent of the gross proceeds of each taxable sale or taxable
service. Beginning April 1, 2003, the The sales tax amount to be collected
shall be four percent of the gross proceeds of each taxable sale or taxable
service.
I LI
CITY OF SEWARD, ALASKA
ORDINANCE 2011 -003
(b) Effective January 1, 2012, in addition to the sales tax levied and collected
under subsection (a) of this section, there shall be levied and collected an
additional sales tax equal to ten percent of the gross proceeds of the retail
sale of alcoholic beverages and tobacco products sold in the city.
(c) The obligation to pay the sales tax is on the purchaser, consumer, renter, or
lessee. The seller, retailer, dealer, service provider, lessor, and all persons
making a retail sale, shall collect the sales tax at the time of payment for the
retail sale, taxable sale, or taxable service, and shall remit all sales taxes
collected under this chapter to the Kenai Peninsula Borough in accordance
with AS 29.35.170 and Chapter 5.18 of the Kenai Peninsula Borough Code.
Section 3. The change,to the City's sales tax rate for alcoholic beverages and tobacco
products are for the purposes of generating funds to pay annual debt service on the Bond and
costs of the Project, including annual operating costs of the Project.
Section 4. Sections 1 and 2 of this ordinance shall become effective January 1, 2012. This
ordinance shall take effect 30 days following passage and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
day of ,2011.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
15
Council Agenda Statement
Meeting Date: May 9, 2011
From: Phillip Oates, City Manager „
Agenda Item: Increase in sales tax on alcohol and tobacco to fund library/museum project
BACKGROUND & JUSTIFICATION:
The Seward City Council ( "Council ") has been diligently seeking revenue sources to fund the capital and
operating costs associated with the Library/Museum Project ( "Project "), following approval by voters at an
election on October 6, 2009, of a general obligation bond in an amount not to exceed $5 million. At that same
election, voters were asked by way of an advisory vote (advisory votes are not binding on the City Council but are
intended to gauge the level of public support for or against a particular issue), whether they supported a 0.5%
increase in the sales tax rate (from 4% to 4.5 %) to cover a portion of the operating and capital costs of the
Project. Voters rejected the question by a vote of 288 to 233 (56% to 44 %).
As a result of the election outcome, the City Council began to evaluate a number of other potential revenue
alternatives to fund the Project (seasonal sales tax, property tax, user fees). Council rejected the idea of an
increase in the property tax mill rate on January 24, 2011, via Resolution 2010 -0130, based in part, on the fact
that property taxes in Seward impact less than 700 individuals since so much property in Seward is tax - exempt.
This revenue source would not fairly spread the burden of financing the project among the potential users of the
library/museum. Since that alternative was rejected, Council requested to concurrently address three possible
funding alternatives at the same council meeting: seasonal sales tax increase, year -round sales tax increase, and
increase in the sales tax rate for alcohol /tobacco.
The City Council requested information regarding options to tax alcohol and tobacco. At a city council
worksession on April 25, 2011, and in a memorandum to the city council of the same date, the city attorney
summarized the legal issues related to various funding alternatives. In the final analysis, the best option appeared
to be an increase in the sales tax rate on sales of alcoholic beverages and tobacco products. Taxing both items at
the same rate meets the requirements of AS 04.21.010(c)(2). The Kenai Peninsula Borough would collect and
remit the tax as it currently does, in accordance with AS 29.35.170. Based on input from the Borough finance
director, it is expected that this differential rate will be a burden on the Borough initially, with an estimated up-
front cost of approximately $85,000 to $100,000, which the Borough would possibly expect the City to cover.
Ongoing annual cost increases, if any, are expected to be nominal.
The other alcohol /tobacco tax scenarios which were examined by the administration and the city council included
the following: 1) property taxes on alcoholic beverage inventories (rejected because AS 29.45.090(a) requires
that all property on which an ad valorem tax is levied, shall be taxed at the same rate during the year, and the
City's current mill rate of 3.12 mills would generate very little additional tax revenues); 2) sales tax on the
wholesale sales of alcohol (rejected because a tax on wholesale sales of alcohol may be prohibited as double
taxation since the City currently taxes alcohol at the retail level, as well as the question of whether there would
actually exist wholesale sales of alcohol in Seward which would trigger a taxable event, due to the required nexus
for a taxable sales to occur); and 3) an excise tax on the importation of tobacco and alcohol (rejected because an
excise tax on alcohol is not allowed by State law, and since we have an existing sales tax on tobacco product
sales, we could not also have an excise tax due to the issue of double taxation; and 4) other individual (as opposed
to combined) property tax and /or sales tax options on either alcoholic beverages or tobacco products.
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.
Other:
ATTORNEY REVIEW /+ Yes No
FISCAL NOTE
The administration requested information from alcoholic beverage distributors, as well as local businesses
engaged in the sale of alcohol and tobacco, in order to estimate the revenues to be generated from an additional
10% increase in sales tax. Unfortunately, most vendors were unwilling to provide the requested information for
fear that the information would not remain confidential. The State of Alaska was unable to provide estimated
gross sales figures for alcohol because the data they collect is based on regional area and is not community -
specific. The Kenai Peninsula Borough was unable to provide estimated gross sales figures for alcohol and
tobacco because the information they collect is aggregated and does not break out alcohol /tobacco sales from all
other gross or taxable sales data. Therefore, the finance department cannot estimate, with any degree of certainty,
the potential revenues to be collected from a 10% increase in sales tax on alcohol and tobacco sales. Anecdotally,
a member of the city council made calls to several local businesses prior to the council officially deciding to
research an alcohol /tobacco tax, and the results of this research estimated gross sales of approximately $4 million
to $4.5 million, but the administration is unable to verify this estimate. At that rate of sales, a 10% increase in the
sales tax rate could potentially generate up to $450,000 per year, assuming those sales are all taxable.
Approved by Finance:Atz)
RECOMMENDATION �j
Seward City Council approve Ordinance 2011 - b , increasing the sales tax rate for alcohol and tobacco sales
from the current 4% to 14 %, effective January 1, 201.
1l
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AWARDING A CONTRACT FOR THREE YEARS TO MERRITT
ENTERPRISES FOR CUSTODIAL SERVICES AT THE
HARBORMASTER'S BUILDING AND PUBLIC RESTROOMS BEHIND
THE NATIONAL PARK SERVICE BUILDING, THE NORTHEAST
LAUNCH RAMP, AND THE UPLAND AREA FOR $31,800 PER YEAR
WHEREAS, the City of Seward had properly advertised a request for bids to provide
custodial services, and Merritt Enterprises was the highest scoring bidder for the evaluation criteria;
and
WHEREAS, Merritt Enterprises has provided a proposal that ensures an environmentally
safe and cost effective approach to custodial services in the Seward Harbor area; and
WHEREAS, a three year contract is allowed, and two, one -year extensions — up to five years
total for this contract — will be made administratively insofar as insignificant changes are made; and
WHEREAS, the harbor department recommends this contract based upon quality of
service, the flexibility of the contractor and a valuable service at a good price to the taxpayer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. It is in the public's interest to award a contract for these custodial services,
thereby continuing to keep employee cost reduced.
Section 2. The City Manager is hereby authorized to award a contract from May 15, 2011
until May 14, 2014, with Merritt Enterprises to provide custodial services at the Harbormaster's
building, and restroom facilities in three additional harbor locations: the South Upland area,
Northeast Harbor Parking lot and at the National Park Service facility.
Section 3. Payment for these services will be $3525.00 every month (May 1st through
September 30th) and $2025 (October 1st through April 30th), for an annual total of $31,800.00. This
contract expires May 14, 2014.
Section 4. The contract can be extended administratively, up to five years total, insofar as
insignificant changes are made.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of
May, 2011.
I4
Council Agenda Statement
Meeting Date: May 9, 2011
of sett',
To: Phillip Oates, City Manager u f4�,�
From: Kari Anderson, Seward Harbormaster gtasy
Agenda Item: Custodial Contract for Harbormaster Building &
Harbor Restroom Facilities
BACKGROUND & JUSTIFICATION:
The City of Seward advertised requests for proposals (RFP) for custodial services at the Harbormaster's
building and three additional locations with restroom facilities. Per City Code, the RFP was advertised
locally, and Council was given the criteria listed within the RFP. Two responsive companies replied,
and after points were scored Merritt Enterprises was awarded the contract for the Harbormaster Building
and Harbor Restrooms. Merritt Enterprises scored high in areas including clarity of proposal, price, and
performance. All three of her references were checked, and each responded with positive reviews of her
janitorial abilities.
Attached you will find the Custodial contract for a three -year term for cleaning the Harbormaster office
spaces and restrooms (year- round), and for cleaning the National Park Service site restrooms, South Upland
Area restrooms, and Northeast Launch Ramp Restrooms during a designated period (May 1 through
September 30). Additional services will be required during the 4th of July holiday and the Silver Salmon
Derby.
Payment for these services will be $3525.00 every month (May 1s through September 30 and $2025
(October 1 through April 30 for an annual total of $31,800.00. This contract expires May 14, 2014
and shall be re- negotiable for an additional two years on a year -to -year basis.
INTENT: The intent of this contract is to provide required custodial services in a cost - effective and
proficient manner to the City of Seward and to ensure OSHA standards and requirements are upheld
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
FISCAL NOTE:
The annual amount of this custodial contract is within the Harbor's operating budget for 2011. Out-sourcing
these services enables harbor staff to conduct services including billing, travelift operations, management and
maintenance of the harbor.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approve Resolution 2011 - b' ' authorizing the City Manager to enter into a contract with Merritt
Enterprises for harbor custodial services.
1 7
CONTRACT
TO PROVIDE CUSTODIAL SERVICES FOR THE CITY
OF SEWARD HARBOR DEPARTMENT
May 2011
Index
Item Description Page
1. Definitions 2
2. Description of Work 2, and Appendix A
3. Staffing 2
4. Regulations 2
5. Work Plan 2 -3
6. Insurance 3-4
7. Length & Content of Contract 4 -5
a. Contract Renewal _ sett, b. Performance Evaluation, Monitoring u
,K
b.
Requirements
c. Termination
d. Mid - Contract Negotiation
4 tASKP
8. Hold Harmless 5
9. Performance Bond 5
10. Contractor's Compensation 5
11. City Contact Person 5 -6
12. Signatures 6
13. Appendix A 7
Page 1 of 7
HARBOR CUSTODL4L CONTRACT
CITY OF SEWARD, ALASKA
1.Definitions
In this contract, the terms have the following meaning:
CITY: City of Seward, Alaska
HBR: Seward Harbor Department
OPERATOR: Merritt Enterprises
2. Description of Work
The work consists of custodial services at of site locations with the City, including:
a. Seward Harbormaster's Building, 1300 4th Avenue (all areas, including public restrooms and cleaning
supply room, but not including main shop area)
b. Public restrooms behind the National Park Service Headquarters Building, at the Northeast launch
ramp, and the upland area.
The OPERATOR will provide services from October 1 through April 30 for item "a ", and from May 1 through
September 30 each year for items "a" and "b" above. Hours of service are based upon convenient, appropriate times
during closed hours. The OPERATOR will insure safe, appropriate, timely entrance and departure from each site.
OPERATOR will provide cleaning supplies, bathroom supplies and tools for required cleaning. Certain supplies and
tools are available for Contractor's use at the Harbormaster's Building. The OPERATOR may request additional supplies
or tools, but the HBR does not guarantee they will be purchased or provided and OPERATOR is responsible for
providing them. Sites a. and b. will be serviced twice daily during the three -day Fourth of July holiday period and for the
period encompassing the Seward Silver Salmon Derby. The Harbor will provide these specific dates to the OPERATOR.
The OPERATOR will submit to the Harbormaster reports necessary to provide custodial services and building security
and/or maintenance as needed.
3. Staffing
OPERATOR is an independent contractor and is not an employee or agent of the CITY. If employees are to be hired by
OPERATOR, they will be trained by OPERATOR to conduct themselves in a friendly, professional manner, and be
1 properly attired and equipped to perform duties.
4. Regulations
All rules and regulations of the following agencies will be upheld and enforced at all times: Federal law and regulations,
including applicable OSHA standards and requirements, Alaska State law and regulations, and Seward City Code. The
City and its agents shall retain authority to enter the properties at any time to perform an inspection of facilities,
maintenance, or other matters deemed necessary by the City. The use of the facilities, City-owned equipment and/or
State -owned equipment shall not be allowed for any purpose other than the performance of the custodial duties. No
person other than a designated agent of the OPERATOR shall be allowed access to any facility or equipment.
5. Work Plan
A. Schedule of operations
1. Harbor Building office spaces must be cleaned between 7:OOpm and 7:OOam (not during staffed hours).
Harbormaster Building restrooms, National Parks Service site restrooms, South Upland Area restrooms and
Northeast Launch Ramp restrooms must be cleaned between 7:00 PM until 7:00 AM.
2. Time Schedules may change by mutual agreement. During Salmon Derby, OPERATOR will coordinate with
Page 2 of 7
ai
HBR personnel for cleaning during the extended hours of operation
3. Additional cleaning will be required during the 9 -day duration of the Salmon Derby, and the 3 -day period
around the 4 of July. Please see the Harbormaster for these dates as they vary year to year.
4. Special projects (i.e.: strip floors, wax, detailed cleaning) may be accomplished on Holidays during the day
with permission from the Harbormaster's staff.
B. Report and monitor progress and performance to the City
I. The OPERATOR will submit a monthly List of accomplished duties involving the Harbor Building office
spaces and restrooms. In the summer, this list will include the National Park Service restrooms, the NE launch
ramp restrooms, and the South Upland area restrooms. The list will include items which were addressed daily.
Checklists will be submitted to the Harbormaster the first of each month.
2. OPERATOR will track and schedule a semi - annual "walk- through" inspection at each site with the
Harbormaster. Written notes will be recorded by the Operator and the Harbormaster.
3. Performance goals will be submitted in writing for each site to the Harbormaster after each "walk- through"
inspection.
4. The OPERATOR may submit a daily list of any damage or deficiencies to the harbor staff so the item can be
replaced or repaired.
5. The OPERATOR shall submit a monthly list of cleaning supplies and other items (toilet paper, soap, etc.) to
the Harbormaster to ensure adequate supplies are maintained.
6. Insurance
The OPERATOR shall purchase and maintain the following insurance(s), during the term of the contract:
A. WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
Workers' compensation and Occupational Disability Insurance in compliance with all state federal
regulations in the jurisdiction where the work is to be performed, including the following special
coverage extensions:
1. Employer's Liability coverage with limits of not less than:
-- $1,000,000 /accident
-- $1,000,000 /disease
-- $ 1,000,000 /policy limit
_ Any policy of insurance must contain a provision or endorsement providing that the rights
of the insurer and all employees provide a waiver of subrogation against the City of Seward.
B. COMPREHENSIVE GENERAL LIABILITY
Comprehensive General Liability Insurance with limits of:
-- $1,000,000 /person and $1,000,000 /occurrence for bodily injury, sickness or death, and $1,000,000
per occurrence for damage to property or $1,000,000 per occurrence combined single limit for bodily
injury and property damage;
or Commercial General Liability Insurance with limits of:
-41,000,000 General Aggregate Limit (Other than Products- Completed Operations)
-41,000,000 Products- Completed Operations Aggregate Limit
--$ 1,000,000 Personal and Advertising Injury Limit
--$ 1,000,000 Each Occurrence Limit
Page 3 of 7
DA
- -$ 50,000 Fire Damage Limit (Any one Fire)
- -$ 5,000 Medical Expense Limit (Any one Person)
Including the following coverage:
(1) Contractual Liability covering the Liability assumed in the contract.
(2) Deletion of any exclusion for explosion, collapse and underground damage.
Special Policy Provisions:
This insurance policy and any extension or renewals thereof must contain the following provisions or
endorsements:
(1) City of Seward is an additional insured there under as respects liability arising out of or from the
work performed by OPERATOR of City of Seward.
(2) Insurer waives all rights of subrogation against City of Seward and its employees or elected
officials.
(3) The insurance coverage is primary to any comparable liability insurance carried by the City of
Seward.
C. AUTOMOBILE LIABILITY (All owned, hired and non -owned vehicles - $1,000,000 combined
single limit each occurrence for bodily injury and property damage.)
Special Policy Provisions:
This insurance policy and any extension or renewals thereof must contain the following provisions or
endorsements:
(1) City of Seward is an additional insured there under as respects liability arising out of or from the
work performed by OPERATOR or City.
(2) Insurer waives all rights of subrogation against City of Seward and its employees and elected
officials.
(3) The insurance coverage is primary to any comparable liability insurance carried by the City of
Seward.
Prior to commencement of any work under this contract by the OPERATOR or any of its subcontractors, OPERATOR
will provide the City with certificates of insurance evidencing that OPERATOR and its subcontractors are in compliance
with all of the above requirements. Said certificates will provide that the City will be given thirty (30) days prior notice
of cancellation or material alteration of any of the insurance policies specified in the certificate. Upon request,
OPERATOR shall permit the City to examine any of the insurance policies specified herein. Any deductibles or
exclusions in coverage will be assumed by the OPERATOR, for account of and at the sole risk of the OPERATOR.
The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the City's request
in order to provide continuous coverage throughout the term of the contract and any extension hereof, a level of
protection consistent with good business practice and accepted standard of the industry. Such factors as increases in the
cost of living, inflationary pressures, new risk, and other conditions shall be utilized in assessing whether the minimum
insurance requirements should be increased or changed from the types and amounts noted above.
7. Length and Content of Contract
This contract shall begin on May 15, 2011. The length of the contract shall be through May 14, 2014 , subject to one
additional two year extension if agreed upon by both parties.
A. Contract Renewal
If the City, through the Harbormaster, is completely satisfied with the work and terms of the contract, a new
two -year extension may be requested. The OPERATOR is not bound to extend at this point. If a new
agreement cannot be made, the Request for Proposal process shall begin again.
At the end of five years, the City is required to go through the RFP process again, regardless of satisfaction with
an operator.
B. Contract Monitoring / Performance Evaluation
The requirements of the contract shall be monitored through the Harbor department, based on informal and
formal inspections and public comments. Performance evaluation shall be conducted during the semi - annual
walk through inspections each year.
Page 4 of 7
a3
The OPERATOR is required to submit copies of all pertinent State of Alaska and City of Seward business licenses.
The OPERATOR will conduct criminal records background checks prior to employment and is fully responsible for all
employees performing work concerning this contract.
C. Contract Termination
Contract may be terminated:
a) immediately, for cause;
b) by the City of Seward for its convenience upon thirty (30) calendar days written notice
to the OPERATOR;
c) by the OPERATOR upon thirty (30) calendar days written notice to the City of Seward;
d) by mutual agreement of both parties.
D. Mid - Contract Negotiation
Contract may be negotiated by the City of Seward for its convenience upon thirty (30) calendar days written
notice to the OPERATOR. The harbormaster building restrooms may undergo a significant renovation and
may be closed for a period of time (up to one month), and no cleaning of the harbormasters restroom will be
needed. The City reserves the right to renegotiate this custodial contract prior to the construction period for
a reduced scope of services (during the construction period) to include the harbor office, but to not include
the restrooms in the harbormaster building.
8. Hold Harmless
The OPERATOR shall indemnify and hold harmless the City for any loss, claim, or action to which the OPERATOR
may cause by reason of any act or omission of the OPERATOR except for damages caused by or resulting from the sole
negligence of the City, its agents or employees.
9. Performance Bond
The OPERATOR shall furnish to the City Finance Director a Certificate of Deposit (CD) with a term expiring on May
14, 2014 or the term of the contract, in the amount of $1,500.00 (accrued interest payable to the Contractor), payable to
the City of Seward. The City may, at its discretion, use the proceeds to pay the costs of performing custodial services if
the OPERATOR fails to perform this contract in an acceptable manner in accordance with the provisions of the contract.
10. Contractor's Compensation
The OPERATOR shall supply the City an accurate record of service performed in the form of an invoice, submitted every
two weeks. The fee will not be paid until the invoice has been received and subsequent to authorization by the
Harbormaster. Payment will be made the following Friday after the invoice date, unless there is less than a week (lapsed
time) between the following Friday and the invoice date.
Total amount bid for this contract is $31800.00 on an annual basis. This amount is divided into monthly bid amount
based on seasonal responsibilities. From May 1 through September 30 this monthly amount totals $3525.00, and from
October 1s through April 30 this monthly totals $2025.00 Invoiced payment schedule for 24 pay periods per annual
basis should be as follows:
January 1 s` $1,012.50 May ls $1,012.50 September 1 $1,762.50
January 15 $1,012.50 May 15 $1,762.50 September 15 $1,762.50
February 1s $1,012.50 June 1 $ 1,762.50 October l $1,762.50
February 15 $1,012.50 June 15 $1,762.50 October 15 $1,012.50
March 1s $1,012.50 July 1 $1,762.50 November 1 $1,012.50
March 15 $1,012.50 July 15 $1,762.50 November 15 $1,012.50
April l $1,012.50 August 1s $1,762.50 December 1s $1,012.50
April 15 $1,012.50 August 15 $1,762.50 December 15 $1,012.50
When dealing with day -to -day operations and matters involving the Harbor and related sites, the OPERATOR shall
contact the Harbormaster's Office:
Page 5 of 7
a�+
Harbormaster
P.O. Box 167
Seward, Alaska 99664 -0167
Phone: (907) 224 -3138
Fax: (907) 224-7187
Email: harbormaster @cityofseward.net
Monday through Sunday, 8:00 AM to 5:00 PM
After hours emergencies (7pm — 7am) may be coordinated through Police Dispatch by calling 224 -3338.
Any further questions or concerns regarding this contract shall be directed to:
Harbormaster Kari Anderson
P.O. Box 167
Seward, Alaska 99664 -0167
Phone: (907) 224 -3138
Fax: (907) 224-7187
Email: harbormaster @cityofseward.net
12. Signatures
This Contract is governed by the laws of the State of Alaska and such Federal and local laws and ordinances as
are applicable to the work performed.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day of
,2011.
/ --Th -'. ' - i ) - ye
to-ii r ato /. City Manager
City of Seward, Alaska
ATTEST:
Johanna Kinney
City Clerk
Page 6 of 7
Appendix A: CUSTODIAL REQUIREMENTS
HARBOR DEPARTMENT
DAILY DUTIES:
Restrooms: Daily: check and clean paper dispensers, clean and sanitize: sinks /toilets /urinals /floors,
spot check: stalls /walls /doors, empty trash, scrub showers, vacuum/sweep and
mop, spray deodorizer, clean mirrors, remove graffiti. Weekly: Scrub under
shower mats and sanitize. Clean shower floors and drains. (Sumner: Concrete
floors must be hosed weekly) Monthly: hose wash entire restrooms once per
month, and remove dust from fans and elevated spaces.
Harbormaster
Building: Includes all areas except back shop room. Daily: Empty trash, sweep, mop, clean coffee
and microwave area, sanitize phones and counter tops. Weekly: Dust cabinets,
desks, window sills. Vacuum. Wash interior windows. Every 6 months: strip,
wax, and buff floors.
Janitors
Closet/Storage: Keep working area clean and organized. Ensure dispenser bottles are clearly labeled with
contents.
From 1 May through 30 September, each facility listed below will receive cleaning once per day.
Additionally, during the 4 of July holiday (3 days) and Annual Silver Salmon
Derby (9 days), the restrooms will be cleaned twice daily. Check with the harbor
for these specific dates.
National Parks Service Restrooms
Harbormaster Building & Restrooms
NE Parking Lot Restrooms
South Upland Area Restrooms
From 1 October through 30 April, only the Harbormaster building and its restroom facility will be
cleaned as the others will be winterized and not in use.
CUSTODIAL REQUIREMENTS: Key Information
All cleaning supplies and materials will be provided by the Harbor Department. Ordering
supplies /materials will be completed by harbor staff.'
At some point in the future, the harbormasters restroom may undergo a significant renovation and may be
closed for a period of time (up to one month), and no cleaning of the harbormasters restroom will be
needed. The City reserves the right to renegotiate this custodial contract prior to the construction period
for a reduced scope of services (during the construction period) to include the harbor office, but to not
include the restrooms.
A minimum of 30 day notice in writing to the harbormaster is needed to terminate this contract.
Cleaning is to be conducted between 7pm and lam, except during the 4 of July and Salmon Derby periods
when twice daily cleaning is required. Special projects (like floor waxing) may be completed on holidays
during the day when the harbor is not staffed.
Alternate cleaning staff must be approved by the harbormaster in advance.
No guests are allowed in the harbormaster office/building. Phones, computers, faxes and other equipment may
not be used.
Page 7 of 7
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, TO APPROPRIATE $39,834 FOR YEAR TWO OF THE SEWARD
SHUTTLE BUS CONTRACT WITH FIRST STUDENT
WHEREAS, in 2010, Seward provided a shuttle bus between the cruise ship terminal, the
harbor and historical downtown Seward with Resolution 2010 -037; and
WHEREAS, the shuttle bus enjoyed good ridership in 2010 and was deemed beneficial
to the economic well -being of our community and was valued by the cruise ship industry; and
WHEREAS, the shuttle bus has been funded from commercial passenger vessel funds
and are an appropriate use of the funds; and
WHEREAS, Seward intends to provide the same level of service in 2011 and expand the
shuttle hours on the weekends on a trial basis by 2 additional hours on weekends during the months
of May, June and July at the request of the cruise ship industry; and
WHEREAS, Seward is in the second year of a two year contract with First Student Inc. to
provide this shuttle service and the contract provides for $99,776 for 2011 operations not including
an additional $10,733, for additional weekend hours; and
WHEREAS, there is $62,772 already appropriated for 2011 operations and $39,834 is
needed to be appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The city manager is hereby authorized to enter into amendment no. 1 to the
contract between the City of Seward and First Student, Inc., in substantial form as attached hereto,
with 2011 operations not to exceed $107,679.
Section 2. The Seward City Council hereby appropriates the amount of $39,834 from the
commercial passenger vessel proceeds account no. 402 - 0000 - 3071 -0805 to the Bus Transportation
contracted services account no. 805- 0000 - 8051 -5390.
Section 3. That the trial weekend expanded hours will be evaluated in July 2011 for ridership
and a recommendation made to request additional funding for service in August and September.
Section 4. This resolution shall take effect immediately upon passage.
4Q 1
Council Agenda Statement
Meeting Date: May 10, 2011
L 4 of SE
Through: Phillip Oates, City Manager u %17,"0-
0.
From:
Michelle Weston, Assistant City Manager 1CAStd"
Agenda Item: Shuttle bus contract with First Student
BACKGROUND & JUSTIFICATION:
The City of Seward operated a shuttle bus in 2010 as approved by Council Resolution 2010 -037. Cruise
ship representatives and local residents expressed satisfaction regarding the service. In 2010, $96,275 was
expended for this service.
In 2011 the City of Seward plans to continue the shuttle bus service with a schedule of 8am -6pm Monday
thru Thursdays and 8am -6pm Fridays thru Sundays. The expanded weekend hours will be on a trial basis
for May, June and July, 2011. The shuttle bus will run May 20, 2011 until September 18, 2011. Two buses
will run on cruise ship days, 1 bus on non -ship days and after 6pm.
The two year shuttle bus contract with First Student Inc. has an unexpended balance of $62,772 for 2010.
First Student bid $99,776 for 2011 base hour operations. $10,733 will be added to the contract for
expanded weekend hours. Therefore an additional appropriation of $39,834 is needed to be appropriated
for 2011. The funding source for this is Commercial Passenger Vessel funds.
CONSISTENCY CHECKLIST:
Where applicable this resolution is consistent with: Cruise Ship Tax Allocation Guidelines
FISCAL NOTE:
The total of funding required for the shuttle program, $39,834 will be appropriated from account 402 -0000-
3071 -0805 Commercial Passenger Vessel funds.
Approved by Finance Department: J .)itta
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
City Council approve Resolution 2011 J authorizing the City Manager to appropriate $39,834 of
cruise ship head tax funds for the 2011 shuttle bus contract.
CONTRACT NO:
AMENDMENT NUMBER: 001
Agreement Between the
CITY OF SEWARD
And
First Student Inc.
SUBJECT: Amendment No. 1 to the Contract between the City of Seward, Alaska and
First Student Inc authorized by Resolution No. 2010 -037, approved by the Seward City
Council on April 12, 2010, and subsequently amended as follows:
Amendment No. 1: By Resolution 2011 -XX on May 10, 2011
RELATIVE TO: Seward Shuttle Bus Contract Operations 2011
FURTHER AMENDED AS FOLLOWS:
The purpose of this amendment is to allow for expanded weekend operations at a rate of $72.50 per
hour per shuttle bus with driver when exceeding the regularly scheduled operational hours of
8:00 - 18:00.
Total Budget Amendment Authorized in Amendment No. 1: $10,733
All other terms and conditions of the contract remain in effect and are unchanged.
IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE THIS AGREEMENT:
First Student Inc, Date
CITY OF SEWARD
Phillip Oates, City Manager Date
ATTEST:
Joanna Kinney, City Clerk, CMC Date
9
Sponsored by: Shafer
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -036
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 since 2004; and
WHEREAS, the City of Seward did not develop or approve a surveillance camera policy
until 2010 by Resolution 2010 -028; and
WHEREAS, the State of Alaska has a strong right to privacy guaranteed by the State
Constitution; and
WHEREAS, due to public concern, the surveillance policy was revised to offer citizens
additional protections from unnecessary surveillance by Resolution 2011 -009; and
WHEREAS, both the City Manager and the Chief of Police stated surveillance cameras
would not be located on Fourth Avenue after the public, businesses and citizens expressed
concerns regarding the invasion of privacy from continual monitoring by cameras; and
WHEREAS, it is in the best interests of the City of Seward to maintain its credibility
with the public and so the City Council wishes to amend the Surveillance Camera Policy as listed
in the sections below.
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 and as follows (Seeut = delete; Bold italics = add):
XI LOCATION OF CAMERAS
A. City Council approval is required of all surveillance cameras locations by resolution in
Cit o f Sewar from Alaska Homeland Security. No cameras will be allowed on 4th Avenue
south of the boat launch ramp in the Small Boat Harbor. If camera surveillance of the
Seward Fire Department Building is required, the camera shall be placed inside the facility to
protect fire equipment from unknown danger. Any potential placement of surveillance
cameras on any pedestrian /public areas must have final approval by the City Council of the
City of Seward by resolution. 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.
3 0
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -036
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 9 day of
May, 2011.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
31
Council Agenda Statement
r 10 p g Fs9
Meeting Date: May 9, 2011 r ;�; �O
Through: City Council 4�'45KP
From: Johanna Kinney, City Clerk
Agenda Item: Amending the Surveillance Camera Policy
BACKGROUND & JUSTIFICATION:
Council adopted the Surveillance Camera Policy in 2010 by Resolution 2010 -028 and revised it
in 2011 by Resolution 2011 -009 to address citizen concerns. It is Councilmember Shafer's
intent to revise the policy to address further concerns of privacy.
The latest amended policy includes council approval by resolution of all camera locations within
the City, as well as specific language to refrain from putting a camera on the Fire Department
Building, except if placed inside the building. This amending resolution also addresses council
restricts cameras on Fourth Avenue south of the boat launch ramp in the Small Boat Harbor and
requires approval of any potential placement of pedestrian/public areas.
This proposed amended policy is attached and Council approval is requested.
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, with assistance from the Fire Chief and Police
Chief, is in the process of reviewinJ this policy as the packet went to print. There are several
state and federal laws being reviewed for this policy amendment.
FISCAL NOTE: No financial statement was given.
RECOMMENDATION: 0
Approve Resolution 2011- amending the City Surveillance Camera Policy.
3a
City of Seward
Surveillance Cameras Policy
1. 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 Formatted: Font: Not Bold, Not Italic, No
surveillance operations. underline
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.
I1. 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 Formatted: Font: Not Bold, Not Italic, No
cameras inadvertently overlap into their property. underline
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 2011 000 o44.1-etwtiais 44014 Ma; 0, 2011
33
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 I Formatted: Font: Not Bold, Not Italic, No
will occur at least two times annually. underline
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 2011-036 04 On 1 elaraar - 14onMay Q, 2011
3 9
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 by _resgl tion;n etr ,.thcr than I Formatted: strikethrough
No cameras will be allowed on 4th Avenue south of the boat launch
ramp in the Small Boat I [arbor. Ifi camera surveillance of the Seward Fire Department fluiktine.
is required. the camera shall be placed inside the facility to protect fire equipment from unknown
danger. A. -_.pote placement of surveillance cameras onapy,...pedestnanzelpuhlie areas must.
have Final approval by the City Council of the City of Seward by resolution. 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.
X11. 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 —
j Approved by Resolution 2011 -036 0u9 ou -1 , ebruaw • -1-4on May Q, 2011
City of Seward, Alaska City Council Minutes
April 18, 2011 Volume 38, Page
CALL TO ORDER
The April 18, 201 lspecial meeting of the Seward City Council was called to order at 7:30
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Officer Rouleau led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham, presiding and Jean Bardarson
Marianna Keil Vanta Shafer
Bob Valdatta Ristine Casagranda
comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Kinney, City Clerk
ABSENT — Tom Smith
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING - None
APPROVAL OF AGENDA
Motion (Bardarson /Shafer) Approve the Agenda
Motion Passed Unanimous
NEW BUSINESS
Resolution 2011 -026 Authorizing The City Manager To Enter Into A Contract With Brice Inc.
To Produce 47,500 Cubic Yards of Rip Rap In The City Quarry At Fourth Of July Creek, To
Waive The Royalty Of $5.00 Per Ton In Exchange For $22,500 Of The 47,500 Cubic Yards
Being Left In The Quarry For The City In Class IV, Class III, Class II Segregated Stockpiles,
And To Improve The City Rock Scales To State Of Alaska Certified Standards.
Motion (Bardarson /Shafer) Approve Resolution 2011 -026
City Manager Phillip Oates stated many companies had come to the city to buy rock in the
past, and normally the city declined those offers. What was different was this was giving value in
return, value in the rock produced by the city, for the scales to be fixed, and to elevate the floor of the
City of Seward, Alaska City Council Minutes
April 18, 2011 Volume 38, Page
rock pit. This was necessary to reduce flooding that occurred in the area. Brice Inc. was originally
using the borough's quarry, and was looking for other areas. The estimated value of the Class IV
rock was $250,000 and the estimated value of the Class II, III, and IV rock that would be organized
in classified stockpiles was $350,000.
Public Works Director W.C. Casey stated Brice Inc. were good people to work with and he
felt this was a good value. What the city was getting was the best deal he had seen in the quarry.
Oates recommended approval.
Valdatta said the quarry needed to be surveyed. Shafer said she couldn't recall when council
had made a policy decision to not sell rock. Casey said it had been a case by case basis, as he
recalled. Shafer thought the city should set a policy for this. Dunham said there had been pressure to
sell the quarry, and it had always been the wishes of the council in the past to not sell. Casey
believed this contract would bring the quarry up to much better condition.
Bardarson inquired about the pricing of the rock per each classification and how the city
would know how much of each classification they would get. Casey said he had some good
estimates, but there was truly no way to determine until they started work. He estimated 1000 cubic
yards of class four, which was worth approximately $60 /ton; 6,000 cubic yards of class three,
estimated at $30 -$35 /ton; and 15,500 of class two, worth $15 -$20 /ton. He felt his numbers were
conservative; he erred on the side of caution with his estimations.
Casagranda wanted to know the location of the quarry, and what would the left over rock do for
Seward — Oates said the city could save or sell the rock, but would likely save for flooding
mitigation. Oates said the work Brice was going to put into the quarry was a high cost savings if the
city were to provide the work. Oates stated the advantages were to both parties.
Bardrason asked for clarification on the figures presented to them, Casey stated they should
be getting 22,500 cubic yards of class 2, 3, and 4 and 50,000 cubic yards of class 1 and 2. Brice
would be taking just class 4 material. Casey clarified the attorney has reviewed this and drafted the
contract before the council.
Dunham was still concerned with Bardarson's question. Walton Crowell of Brice
Construction stated their company would take 25,000 cubic yards of class 4 rock, the city would get
22,500 cubic yards of class 2, 3, and 4 rock, and 50,000 cubic yards would be left to fill the pit floor
with, and there should be approximately 50,000 cubic yards left in the quarry to use as they see fit.
Motion to Amend (Bardarson /Keil) Amend Resolution 2011 -026, to remove
Roman Numeral "I" in the second whereas
in the rock removal agreement
Casagranda said she felt uncomfortable because there was no guarantee. Oates said there was
some uncertainty of how much class each portion would be, but the total amount produced was
guaranteed.
City of Seward, Alaska City Council Minutes
April 25, 2011 Volume 38, Page
CALL TO ORDER
The April 25, 2011 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham, presiding, and Marianna Keil
Jean Bardarson Vanta Shafer
Bob Valdatta Ristine Casagranda
Tom Smith
comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Cheryl Brooking, City Attorney
ABSENT - None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Chellie Skoog stated that $312,511 had been donated to date towards the funding toward of
Library Museum Project.
Jim Herbert referenced the oil spill response drill last week that resulted in the fleet earning
more than $250,000 for the community.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Shafer) Approval of Agenda and Consent Agenda
Resolution 2011 -027, Resolution 2011 -030, Resolution 2011 -032 and Resolution 2011 -033 were
removed from the Consent Agenda.
Item #4 was added to Other New Business to schedule a work session for a Redistricting discussion.
3�
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
The April 11, 2011 Regular City Council Meeting Minutes Were Approved.
Resolution 2011 -028, Endorsing The Alaska Clean Harbor Pledge And Expressing Support
For Actions That Result In A Clean Harbor Certification.
Resolution 2011 -029, Accepting A National Endowment For The Humanities (NEH) Challenge
Grant Ch- 50802, A 3:1 Matching Grant In The Amount Of $500,000 For The Construction Of
The Library Museum And Appropriating Funds.
Resolution 2011 -031, Setting The Mill Rate For Tax Year 2011, Unchanged At 3:12 Mills.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Super Saturday Clean-Up Day was Saturday, April 30, 2011.
April was National Library Month.
The CROP Hunger Walk Day was May 1, 2011.
City Manager's Report, City Manager Phillip Oates invited Chief Clemons to address the
surveillance camera issue. Chief Clemons stated that the camera of Fourth Avenue would be pointed
north, in the opposite direction of the downtown businesses, and its position would be locked down.
Business owners were not notified because the camera was pointed in the opposite direction, and
there are currently no notices posted because the system was not currently operating. Council was not
notified where the cameras were located because the Department of Homeland Security deemed the
list of critical infrastructure was confidential and specified the only people who can have access to
the list were the Chief of Police, the Fire Chief, the City Manager and the Mayor. Clemons further
stated that the police department could not actually see the fire department from their offices. Two
council members had not reviewed the camera systems because they were not yet functional.
Keil asked if the Homeland Security had access to the cameras. Clemons said they would
have to actually be present in Seward to see the cameras. Valdatta said he thought the original
positioning was important to maintain for safety at the bank and businesses.
Mayor Dunham asked what the police patrols were doing giving tickets outside city limits.
Chief Clemons said by Alaska state law any policy officer can stop and write a ticket anywhere they
are in the state.
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
Oates responded to the Coastal Villages Region Fund inquiries from the citizens stating they
had not been involved in the process. He stated there had been multiple public vetting opportunities
and that Phase 1 was the only focus for the city at the moment. Phases 2 & 3 were artist concepts
only and they may be located elsewhere when it actually happened.
The harbor staff teleconferenced into two meetings this past month with the Public Advisory
Committee and the Exxon Valdez Oil Spill Trustee Council to support the City's grant request for
establishing a vessel wash -down pad at the Seward Marine Industrial Center. Both groups
unanimously voted to fully fund the project in an amount of $739,100.
City administration met with officials from BP regarding an oil spill response drill to be held
in Prince William Sound in late September. An overview of the Regional Stakeholder's Committee
was discussed, and the new community liaison was introduced.
GCI submitted calculations for adding their fiber optic line to city poles. A meeting between
GCI and the City took place to verify the accuracy of the data and discuss the parameters of an
agreement. Also, Chugach requested a 1.9% demand increase from the City of Seward for the month
of May.
Councilmember Valdatta asked who was paying for the building permit for the US Coast
Guard building. Harbormaster Anderson responded that the City was not charging them.
Councilmember Smith suggested that Council hold a public awareness meeting regarding the
Coastal Villages Region Fund to clarify misinformation and the Council agreed. Mayor Dunham
added that Phases 2 & 3 were 15 to 20 years out.
City Attorney's Report, Cheryl Brooking stated her office had been working on
employment matters, contracts, funding proposals for the Sea Life Center and the Library Museum
Project. Regarding litigation, there were currently two cases she was involved with: Tract B takings
litigation for constructing the levee road for which a special master had been appointed to estimate
the value of the property; and, the Resurrection Bay Conservation Alliance and Alaska Community
Action Against Toxics for which arguments were scheduled for May 3, 2011, the issue was if city
was obligated to pay their legal costs which was approximately $130,000.
Mayoral Report, Mayor Willard E. Dunham stated the City made the front page of
Fisherman's News for the Coastal Villages Regional Fund. He expanded on the current state of the
fishing fleet, as reported in the Fisherman's News newspaper, and the federal response that may be
imminent to respond.
Vice Mayor Bardarson stated that she and the City Manager would be travelling on May 17
through May 20, 2011 to visit the Coastal Villages Regional Fund people in Seattle, see their
facilities and determine their needs.
Mayor Dunham added that it was imperative that the city continue to push for an extension
on the railroad dock.
14 d
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
Other Reports, Announcements and Presentations
Council discussed funding options for the Library Museum Project. City Manager Oates gave
an overview of the work session and the various alternatives available, including: an alcohol
inventory property or sales tax, an alcohol/tobacco sales tax, a seasonal sales tax, a flat sales tax
increase, an increase in the sales tax cap, an increase in real property tax rate, and an increase in the
bed tax.
Councilmember Shafer requested they pursue a 10% alcohol/tobacco tax with a sunset clause.
Smith would like to see resolutions for each option with a reduced amount for the bond. Keil
reminded council that the property tax resolution had been defeated. Valdatta suggested they
approach the non - profits and non - property tax paying customers.
By unanimous consent, the rules were suspended for an update on the project. Kent
Crandall, project manager, stated they were two weeks away from having a completed design.
PUBLIC HEARINGS
Ordinance 2011 -002, Increasing The City Sales Tax From Four Percent To Four- And -One-
Half Percent, Beginning January 1, 2012. Notice of the public hearing being posted and published
as required by law was noted and the public hearing was opened. No one appeared to address the
Council and the public hearing was closed.
Motion (Bardarson/Shafer) Enact Ordinance 2011 -002
Motion (Shafer/Keil) Postpone Ordinance 2011 -002 to the
May 23, 2011 meeting.
Motion to Postpone Passed Yes: Bardarson, Valdatta, Keil, Smith,
Shafer, Casagranda
No: Dunham
UNFINISHED BUSINESS
Ordinance 2010 -009, Amending Seward City Code Section 5.35.055 To Create A Revenue
Source For Repayment Of Up To A 25 Year /$3.73m General Obligation Bond For
Construction Of The Seward 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.
Motion (Shafer /Smith) Postpone Ordinance 2010 -009
After further discussion, Councilmember Shafer withdrew her motion to postpone so Council
could amend the Ordinance. Councilmember Smith agreed to the withdrawal.
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
Motion (Bardarson/Keil) Amend Ordinance 2010 -009 by
changing the amount to read "up to"
25 year /$3.73m throughout the
Ordinance.
Motion to Amend Passed Yes: Dunham, Bardarson, Valdatta,
Smith, Keil, Shafer
No: Casagranda
Motion (Shafer /Smith) Postpone Ordinance 2010 -009 to the
May 23, 2011 meeting.
Motion to Postpone Passed Yes: Bardarson, Valdatta, Keil, Smith,
Shafer, Casagranda
No: Dunham
Resolution 2011 -019, Approving The Purchase Of A Backhoe For An Amount Not To Exceed
$90,000.
Motion (Shafer/Keil) Approve Resolution 2011 -019
Electric Manager, John Foutz, provided Council with several quotes on new and used
equipment from John Deere, Case and Caterpillar.
Motion (Shafer/Keil) Amend Resolution 2011 -019 by
changing the amount from $200,000 to
$90,000.
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
Councilmember Smith left the meeting at 8:40 p.m.
NEW BUSINESS
Resolution 2011 -027, Authorizing Additional Funds In The Amount Of $20,000 For City
Council Travel Related To The New Arctic Research Vessel, Coastal Villages Research Fund,
And Other Similar Economic Initiatives, And Appropriating Funds.
Motion (Bardarson/Shafer) Approve Resolution 2011 -027
Motion (Keil/Valdatta) Amend Resolution 2011 -027 by changing
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
the amount from $20,000 to $10,000.
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
Resolution 2011 -030, Approving A Contract For Animal Control Services With Shelli
McDowell In The Amount Of $57,201.96.
Motion (Bardarson/Keil) Approve Resolution 2011 -030
Motion Passed Unanimous
Resolution 2011 -032, Authorizing Signatures For All City Bank Accounts And Rescinding All
Previous Resolutions In Conflict Herewith.
Motion (Bardarson/Keil) Approve Resolution 2011 -032
Motion Passed Unanimous
Resolution 2011 -033, Authorizing Expenditures In An Amount Not To Exceed $65,000 As
Start -Up Costs For The Seward Community Health Center, And Appropriating Funds.
Motion (KeiUBardarson) Approve Resolution 2011 -033
Keil & Bardarson asked for a ruling on a potential conflict of interest, as they both
served on the Community Health Center's Board of Directors, but Mayor Dunham ruled that
a conflict did not exist.
Motion Passed Unanimous
OTHER NEW BUSINESS
Council scheduled a work session to discuss amending building codes on July 11, 2011 at 5:45 p.m.
in Council Chambers.
Council scheduled work sessions for Enterprise Fund Rate Reviews in Council Chambers as follows:
Parking & Electric — August 1, 2011 at 7:00 p.m.
Harbor — June 6, 2011 at 7:00 p.m.
Water & Sewer — July 18, 2011 at 7:00
Council scheduled a work session to review audit results with John Bost or Michelle Drew on June
27, 2011 at 5:00 in Council Chambers.
4-\3
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
The work session with the Alaska SeaLife Center for April 26, 2011 was cancelled and would be
rescheduled.
INFORMATIONAL ITEMS AND REPORTS (No action required)
February Providence Report.
February City Financial Report.
Letter to Kenai Mayor Pat Porter RE: All America City Nomination
Letters to House Finance Committee RE: CSSB 84 (FIN)
COUNCILS' COMMENTS
Councilmember Shafer expressed her condolences to the AVTEC student's family who was
killed yesterday in Anchorage.
Councilmember Casagranda thanked Shelli McDowell for doing a good job at reducing
expenses at the dog pound, and she was looking forward to being more informed about council
travel. She also thanked the Library Museum Project Committee.
Councilmember Keil offered tidings to City Manager Oates' mother for turning 89, and said
great job to the harbor for obtaining the wash down pad.
Councilmember Valdatta encouraged everyone to vote for Seward for the fishing city of the
United States.
Vice Mayor Bardarson asked people to please vote for Seward as well, and also expressed her
condolences to the Brent Whitmore family.
Mayor Dunham offered his condolences to the families of Gene Bradley, Brent Whitmore,
and Bob Miller. He also announced that the Little League baseball season would kick off on Sunday,
and reported that he had attended the Arts Council meeting and there was $600,000 available in
grants for artists.
CITIZENS' COMMENTS
Carol Griswold felt the public had been excluded from the Coastal Villages Regional Fund
discussions. She urged Council to schedule a public hearing and to encourage PACAB to vet this
project.
Jim Herbert urged council to communicate with each other in order to be in a position to act
on the Library Museum Project.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
City of Seward, Alaska
April 25, 2011 City Council Minutes
Volume 38, Page
Councilmember Keil responded that the Coastal Villages Regional Fund discussion earlier
this evening stressed that the focus and discussion to date had only been on Phase 1.
Mayor Dunham stated that the Council began the endeavor to raise public awareness in
October 2010, that the Coastal Villages Regional Fund board visited Seward in late 2010, and that
the drawings that had been circulated were merely projections and concepts only.
ADJOURNMENT
The meeting was adjourned at 10:08
Johanna Kinney, CMC Willard E. Dunham
City Clerk Mayor
(City Seal)
9sV
City of Seward, Alaska City Council Minutes
April 18, 2011 Volume 38, Page
Dunham said he felt this was a better agreement than most the city had received in the past.
The maintenance to the scales and upkeep was a great opportunity.
Casagranda inquired how the quarry was such a mess in the first place — Dunham and Shafer
said it was due to poor oversight over the years.
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
COUNCILS' COMMENTS
Shafer said they should have a policy for clear direction about rock purchases.
Casagranda felt this was a huge decision to make and wished she had more time to review
these documents.
Dunham said they should go on a tour of the rock quarry as this had been a sore subject
for many years. He agreed with Casagranda.
Valdatta said there was never a rock selling policy and said we had given up a lot of
potential sales because of it.
Dunham reminded the public and council about donating to Japan Relief Efforts.
CITIZENS' COMMENTS
Walton Crowell with Brice Construction thanked council for coming together for this
subject. He would love to have them come out and tour the quarry, but asked to just let him know
ahead of time and he would gladly accommodate them. If they had any questions, please let him
know. It was hard to determine what kind of rock would be found and perceived, and it was all
based on projections.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
Johanna Kinney, CMC Willard E. Dunham
City Clerk Mayor
(City Seal)
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