HomeMy WebLinkAbout12112006 City Council Minutes
City of Seward, Alaska
December //,2006
City Council Minutes
Volume 37, Page 293
CALL TO ORDER
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The December 11, 2006, regular meeting of the Seward City Council was called to order at
7:30 p.m. by Mayor Vanta Shafer.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLLCALL
There were present:
Vanta Shafer presiding and
Willard Dunham
Bob Valdatta
Jean Bardarson
Linda Amberg
Robert Thomas
comprising a quorum of the Council; and
Kris Erchinger, Finance Director
Marvin Yoder, Interim City Manager
Jean Lewis, City Clerk
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ABSENT - Steve Schafer
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards - None
Borough Assembly Report. Borough Assembly Representative Ron Long said the
Assembly had met on December 5th and adopted the state capital legislative priorities book, and
authorized an RFP to solicit a law firm to prepare a brief for legal action on education funding, with
responses due by the end of January.
An ordinance was introduced postponing the effective date for the per-person, per-day
recreation tax package to January 1,2008. Long was excluded from this vote because a conflict was
ruled. He reminded that this was one portion of a three-part Ordinance 2005-09, that changed the
sales tax from 2-3%, addressed the land trust earning formula, and the per-person per-day
recreational tax provision. Long stated there were a lot of gray areas for the service providers on
what was considered recreational, and the Assembly hoped to have good dialog with service
providers and fix ambiguities in the sales tax code in the meantime.
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Long also stated the Assembly would be working on the federal projects book which should
include a package for flood mitigation strategy for the area. An ordinance would be introduced
asking whether two more seats should be added to the Seward/Bear Creek Flood Service Area Board.
City of Seward, Alaska
December J J, 2006
City Council Minutes
Volume 37, Page 294
In response to questions, Long informed it would take a vote of the people and a 60% super
majority to pass any increase to the tax cap, and clarified that point of service was where the service
was provided, not where the credit card was swiped.
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City Manager's Report. Finance Director, Kris Erchinger stated staffhad kept busy the last
two weeks. Interim City Manager candidate Marvin Yoder was introduced. RFP's were currently
being advertised and responded to for bulk fuel products, siding for the Senior Citizen Center, a large
format copier, audit services, office space to move the electric department, and other city copier
needs. Erchinger stated the Engineering Department was working on the Long Term Care Facility
construction bid packet, which was 60% complete. This extensive document would guide the
construction of the facility.
Forest Acres Levee. Erchinger read excerpts from a letter received from Christy Miller,
Floodplain Manager with the Department of Commerce, Community and Economic Development.
This letter required public notification to the north Forest Acres neighborhood of damage to the levee
sustained from the recent floods, and addressed significant concerns the state had with bed load
removal from various creeks, lack of enforcement and compliance of the area by the city, and
unregulated development of the Japanese Creek mapped floodplain behind the levee. Ms. Miller
suggested that activity in the floodplain such as an access road, heavy equipment work, culvert and
bridge, had blocked the floodplain, and resulted in substantial damage to the levee that needed to be
prevented in the future. Their most significant issue was the build up of sediment and gravel which
caused a hazard to the neighborhood. The state was asking the city to develop a written course of I
action by January 8,2007 notifying the subdivision oftheir increased risk from bed load deposits and j
levee damage from the flood; how the city would remove the damaged, privately owned bridge from
the floodplain; how bed load material would be removed; and how the city would avoid future
development issues in the floodplain.
Siemens report. This energy report had not been received by the city as yet because Siemens
were interrupted with a major project by Department of Corrections. They hoped to finish the
Seward project and give a report in January 2007.
Seward Marine Center (SMC) dock project. Erchinger was expecting a letter from D.O.T.
any day notifying of distribution of the dock design funds. She stressed this was an internal issue
amongst D.O.T on who was responsible for doing this, and it was on the Regional Director's desk.
Long- Term Care Facility Update. On December 8, 2006 the Federal Government issued a
disaster declaration from the flooding. Erchinger explained the certificate of need (CON) needed to
be in-hand before the city could go to the bond bank. After December 24, 2006 the Commissioner
had 45 days to issue a ruling. She reiterated that these were revenue bonds, not general obligation
(GO) bonds, thus they would be paid by the Long Term Care Facility itself. If the bond bank
approved the application, then construction bids would be issued. Once the amount of the project
was known, the bond bank would sell the bonds. Once those bonds were sold, the city would have
the money to purchase the land. j
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City of Seward, Alaska
December 11, 2006
City Council Minutes
Volume 37, Page 295
Harbor. Harbor bid openings would be on January 9,2007 for restroom construction. The
contractor was beginning immobilization efforts for the south corner floats. Grants were being
submitted to come up with funding to pave the northeast parking lot, and final design work was
being completed for the travel and T dock. The city had bad news from the Army Corps of
Engineers stating there was no funding available to fix design deficiencies for the breakwater. The
Washington delegation was attempting to get funding into appropriations.
Erchinger wrapped up the report by notifying of emergency well repairs, water main repairs
by the Lowell Creek Bridge, Parks & Rec program updates, RCA approvals, and electric department
maintenance issues. She stated old street lights along 3rd Avenue were coming out, Norcon was
beginning work on the distribution system, and the ASLC was requesting to change to a different
electric consumer class.
In response to many questions, Erchinger did not have a definitive answer, but believed the
levee concerns could delay the Long-Term Care Facility project. She also informed there were new
standards and requirements oflevees from FEMA for certification that were not in place during its
construction.
Erchinger stated the city had been implementing progressive development positions for the
last six years based on the Bill Woods study. Much more discussion on this topic ensued.
Port & Commerce Advisory Report. Vice-Chair Karl VanBuskirk stated P ACAB had
been having productive meetings. They recently had a presentation by the ARR, notifying that they
were actively seeking more cargo through Seward by expanding the cargo and ship handling dock,
and laydown yards. They were currently seeking cargo from TOTE. VanBuskirk said the Board felt
unanimously that their role was for both ports and economic development. He stated the Public
Works Director had given an overview ofthe city owned quarry and management, and they would do
a site visit in the future. VanBuskirk stated the Board was seeking direction to expand their research
on cargo fees to include other ways to mitigate non-taxable organizations that were not taxed. Their
hopes were to engage in dialog with organizations to come up with creative ideas for equitable taxes
or fees, without driving any large economic engines out ofthe area. They were also undertaking the
SMIC development plan.
Other Reports, Announcements and Presentations
A presentation was given by Mark Gregory of the Kenai Peninsula Small Business
Development Center.
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING.
Dave Osborn, stated he knew a good quality company for the bid process that offered
boilers, heaters, energy screens, and would help design forced air systems for structures.
City of Seward, Alaska
December 1J, 2006
City Council Minutes
Volume 37, Page 296
Ron Long, hoped to bring back ideas from P ACAB for the council to work with. On the J
flood issue, he hoped the council would not pass that resolution. He remembered a prior letter from .'
Department of Natural Resource that spoke of not removing gravel.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Thomas/Bardarson)
Approval of Agenda and Consent Agenda
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Resolution 2006-127. approving amendment #4 to the employment agreement with the city
clerk.
Resolution 2006-132. approving an employment agreement with Marvin Yoder for Interim
City Manager services.
Resolution 2006-134. adopting the Resurrection River Debris Maintenance Plan as required by
FEMA under project DR-1072-AK.
Resolution 2006-138. accepting a grant in the amount of$1,417.64 from the Alaska Highway .J'
Safety Office for 2006/2007 ASTEP Seatbelt Enforcement Campaign and appropriating funds.
Resolution 2006-139. accepting a grant in the amount of $6,328.75 from the Alaska Highway
Safety Office for 2006/2007 ASTEP DUI Enforcement Campaign and appropriating funds.
Resolution 2006-140. authorizing signatures for all city bank accounts and rescinding all
previous resolutions in conflict herewith.
Resolution 2006-141. authorizing payment to Alcan Electric in the amount of $36, 261.15 for
emergency electrical repairs, and appropriating funds.
Resolution 2006-142. authorizing the city manager execute a revised grant agreement between
the State of Alaska and the City of Seward for the purpose of purchasing and installing
wrought iron fencing along Hoben Park's north and west boundaries, and appropriating
funds.
Appointed Tom Smith to fill a vacancy on the Kenai Peninsula Borough Planning Commission
for a term to expire July of 2008.
Approved the November 6 and November 27, 2006 regular city council meeting minutes, and
the November 21, 2006 city council special meeting minutes. J
PUBLIC HEARINGS - None
City of Seward , Alaska
December 11,2006
City Council Minutes
Volume 37, Page 297
UNFINISHED BUSINESS
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Items Postponed From A Previous Agenda
Resolution 2006-098. authorizing the City Manager to enter into a contract with Swenson
Construction for the construction of one waterfront pavilion in an amount not to exceed
$397,000 and appropriating funds.
Motion (V aldattalBardarson)
(Moved previously on September 25,2006)
Approve Resolution 2006-098
Finance Director Kris Erchinger explained the project engineer had met with the contractor
and gave an option to cut costs by removing some ofthe features. The price seemed high because of
the design and quality of the facility to be constructed. She advised there was approximately
$150,000 available for the construction, which left $250,000 to construct this pavilion. She
recommended pursuing one now and one in the spring. That would allow time for the staffto seek
additional funding for the Wellington Pavilion.
Amberg had spoke with the contractor and wished to keep the same design and concept but
eliminate a few things to put back in later.
Shafer and Bardarson agreed and stated the community wanted it.
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Valdatta was in favor of going full boar for the current design. Entities were looking for
places to hold their banquets, and he did not want to piece meal the project.
Dunham would not support this and could not believe he voted to tear the others
down. He thought the design looked great but thought there were other pavilions that the city could
build. Dunham was not willing to take the flack like they did on the outhouse. It was a very windy
corner and needed the windscreens.
Erchinger stated it was the intent to use funds in the capital acquisition fund and use money
from the general fund to complete the project. Ifthe amount was reduced, they may not touch the
general fund.
Mayor Shafer reminded that the public liked the design and was very much involved in the
project.
Project Engineer Tom Shepard answered that the cost of the pavilion was designed for
wind and snow loads, and $100,000 of that was for foundation work. He stated the existing slabs
would be torn up to add improvements, so it was best to start fresh with the slabs.
Shafer pointed out that the building codes were in place for safety.
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Motion to Amend (Amberg/Bardarson)
To accept the revised option and
change all total dollar amount references to
City of Seward, Alaska
December 11, 2006
City Council Minutes
Volume 37, Page 298
be $314,337, resulting in an approximate J
$83,000 reduction.
Motion to Amend Failed
Yes: Bardarson, Amberg, Mayor Shafer
No: Dunham, Thomas, Valdatta
Motion (Thomas/Amberg)
Postpone Indefinitely
Motion to Postpone indefinitely Passed
Yes: Bardarson, Valdatta, Thomas,
Amberg, Mayor Shafer
No: Dunham
NEW BUSINESS
Resolutions
Resolution 2006-133. amending the City Council Rules of Procedure to amend Rule 26, Order
of Business.
Motion (Thomas/Dunham)
Approve Resolution 2006-133
Amberg wanted the opportunity to add to the agenda after the manager's report if they had to J
and wanted it left the way it was. She did not understand the reasoning for the change. .....
Dunham stated he liked the change and thought it seemed logical.
Motion Passed
Yes: Valdatta, Dunham, Thomas, Mayor
Shafer
No: Amberg, Bardarson
Resolution 2006-135. authorizing the purchase of a used stand-by generator for the Public
Works Department Shop Facility for an amount not to exceed $20,000.
Motion (Valdatta/Bardarson)
Approve Resolution 2006-135
Erchinger stated this purchase had been approved previously in this year's budget. She
thought it was in the public's interest to purchase a used stand-by generator for the Public Work
Department shop. 50% of the funds would be paid by Public Works, and 50% paid by the Electric
fund. She recommended this purchase and authorized payment to NC Power Systems.
Amberg wanted assurance this was a necessary item before purchasing it. She thought there
weren't enough power outages to spend the money.
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Public Works Director W.e. Casey, stated it would be a remote start and encapsulated
outside the shop. There was a panel outside that could be wired to work from outside start or inside.
City of Seward, Alaska
December 11,2006
City Council Minutes
Volume 37, Page 299
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Erchinger also mentioned this generator would be mobile to be used to power other city
infrastructure.
Motion Passed
Yes:
Bardarson, Thomas, Dunham,
Valdatta, Mayor Shafer
Amberg
No:
Resolution 2006-136. re-appropriating $23,000.00 from unspent 2006 Municipal Building
Operating Budget to the 2007 budget for the purpose of replacing the vintage 1960's boiler at
City Hall.
Erchinger hoped to carry this item over to 2007 while they waited to receive information
from the Siemens recommendation in January.
Motion (Thomas/Dunham)
Approve Resolution 2006-136
Casey stated the building had a water heater that did not run off the boiler. The boiler did
preheat the water heater to some degree, but the boiler was shut off and the water heater did all the
heating in the summer.
Motion Passed
Unanimous
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Resolution 2006-137. authorizing a contract through December 31, 2007 with Alaska
Newspapers, Inc. for display advertising in the Seward Phoenix Log at a flat rate of $322.50
per week. (Revised laydown version)
City Clerk Jean Lewis explained per code the city must advertise in a "newspaper of the
city." Two papers would easily qualify, the Phoenix Log and the Alaska Daily News (ADN). ADN
had a circulation of 300-330 within the Seward area. The Phoenix Log had always had favorable
rates but recent cost elevations from $8.60 per column inch to $12.00 per column inch, then an
increase of$25.00 per column inch, prompted the clerk to negotiate rates with the AND Peninsula
section. With an advertising budget of about $20,000, the latest quote by Alaska Newspapers, Inc
was over three times the amount budgeted. To keep the city's business, Alaska Newspapers, Inc.
then offered a flat rate of $322.50 per week for display advertising. The city clerk recommended
approval ofthe revised laydown version ofthe advertising agreement with Alaska Newspapers, Inc.
Motion (Thomas/Bardarson)
Approve Resolution 2006-137
Motion Passed
Unanimous
INFORMATIONAL ITEMS AND REPORTS (No action required)
OTHER NEW BUSINESS ITEMS
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A work session to discuss whether to lease or sell property to A VTEC for the fire training
center was scheduled for Monday, January 8, 2007 at 6:30 p.m.
City of Seward, Alaska
December 11,2006
City Council Minutes
Volume 37, Page 300
COUNCIL COMMENTS
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Amberg wished the library a happy 76 years, and the community happy holidays.
Bardarson wished everyone the best for 2007 and welcomed Interim City Manager Marvin
Yoder. She thought it would be great ifPACAB conducted extra research on taxes and fees.
Valdatta loved the $20 fee that Fairbanks was collecting from everyone with an income, and
he wanted compensation for infrastructure needs in Seward. He was fortunate to be a judge on a
grade school alternate energy and bio fuel debate. Valdatta thought this was the best debate and
announced the biomass group won by only eight points. He thought the deciding factor was when
the biomass team summated their argument by saying; "We need to rely on the energy we already
have. The sun doesn't always shine, the wind doesn't always blow, and water freezes. I think we
should stick to biomass. "
Thomas thanked P ACAB for their report and wanted them to do extra study on creative taxes
and fees. He thanked the city employees and appreciated their hard work.
Dunham welcomed Yoder. He mentioned two long term families he knew who were
suffering and offered his condolences. Genevieve Schafermeyer and Lloyd Blatchford had passed
away. Dunham wanted to keep apprised of sales tax changes and how they were administered. J
Dunham thanked Nanci Richey for TV coverage while Pete Fleming was on vacation. He alSO'
wanted a good, honest energy study conducted.
Mayor Shafer wanted the city to look at diesel engines burning cooking oil. She notified
that she would be in Seattle January 8, 2007 to meet with the Holland America President. Shafer
thought the grade school debate was one ofthe most fun things she had done as mayor. The students
put in a lot of work and effort, and had studied for 3 months. One little girl wanted Seward to hold a
Thanksgiving parade next year. She wished all a happy holiday season and thanked the city
employees.
Interim City Manager Marvin Yoder stated he was pleased to be here.
CITIZENS' COMMENTS
Teresa Butts, spoke about waste oil boilers, and knew the harbor already collected the oil.
She stated there were companies that delivered waste oil and knew the boilers Dave Osborn spoke of
earlier were efficient and clean. She hoped the Siemens report was taking a look at that. Butts spoke
in favor of keeping advertising with the local paper. She also suggested that RFP's be designed to
allow people to combine resources since she thought there were plenty of qualified people that could
not bid on the whole job.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
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ADJOURNMENT
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City of Seward, Alaska
December 11,2006
The meeting was adjourned at 10:30 p.m.
(City Seal)
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City Council Minutes
Volume 37, Page 301
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Vanta Shafer
Mayor