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HomeMy WebLinkAbout01112010 City Council Minutes City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 215 CALL TO ORDER The January 11, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Lieutenant Louis Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Linda Amberg Jean Bardarson Tom Smith Marianna Keil Vanta Shafer comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT — Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jolund Luther wanted to let everyone know that the Sacred Heart Church would be celebrating their centennial 100 years of that organization and would be putting on events this year. Tim McDonald continued his view of Resurrection Bay being a primary fish habitat. He cited salmon, hooligan, and halibut and noted a 300 pound halibut was caught off the SMIC area. He wanted to rebuild the seiner fleet and allow them to harvest the pink and dog salmon. McDonald mentioned a pollock nursery out the bay, and all the whales that fed in the area. He stated fishing was a primary base industry for our area. Paul Rupple spoke on behalf of the Seward Community Foundation. He was soliciting grant applications from non - profits who were doing activities in the community. He reported the Foundation had awarded $10,000 in grants in 2009 from their growing endowment, and anticipated the same being offered for 2010. Rupple said the Seward Community Foundation would be hosting the 2 annual non - profit organization event at the Alaska Sealife Center which would have a presentation given on successful grant writing strategies. Jim Cork wanted council to know Godwin Glacier Tours was a seasonal business that did a lot for the community. He reported their company assisted with nine rescues for the city of Seward last year. rnr City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 216 Liria Morell expressed her excitement about the fluoride project. She did not get to vote on mod it because she was relatively new to the community. Morell stated fluoride could be taken off the shelves and put in the trash where it belonged, and was excited children could now get their fluoride from their water. Jim Herbert also supported adding fluoride in the drinking water. He thought it was a quality of life issue and a public health issue that would also enhance bone strength for old people. He suggested a public spigot for people who did not want to drink fluoridated water. Michael Moriarty, spoke on behalf of improving the oral health committee, and thanked the community for passing the advisory vote to add fluoride to the city drinking water by over 10%. He hoped the council would move this issue forward so grants could be applied for. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Amberg) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The November 9, 2009 And The December 7, 2009 Special City Council Meeting Minutes And The December 14, 2009 Regular City Council Meeting Minutes Were Approved. There Was No Objection To The Liquor License Renewal For Peking Restaurant. There Was No Objection To The Package Store Liquor License Renewal For Gateway Liquor And Food Mart. Per Seward City Code 230330, Approved Retaining The Port And Commerce Advisory Board In Existence Through January 2011. Resolution 2010 -003 Amending Rule 16 Of The City Council Rules Of Procedure To Reflect Changes Made To The Evaluation Process For The City Manager, City Attorney And City Clerk. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Public Thank You Was Read To The Seward Arts Council And Accepted By Member Jolund Luther, For Sponsoring The New Years Eve Ball. Borough Assembly Report. Assembly Member Sue McClure stated the January 5, 2010 meeting was exciting. She noted that Tito Kagimoto of Hope, Alaska had passed away. An City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 217 ordinance was approved removing the Kenai Peninsula Borough from the coastal climate change r.. compact with a 6 to 3 vote with the coastal communities voting on the losing side. Another ordinance was postponed until February that would have mid -term vacancies be appointed by the mayor instead of the local service areas. City Manager's Report. City Manager Phillip Oates stated the light rescue fire vehicle was received last week, along with the two electric vehicles for Parks & Rec. and the city was looking forward to testing and meeting fuel costs. ➢ Forest Acres Levee Road. All acquisitions were complete except for the Gillespie property which bordered the Seward highway. Oates stated multiple options were given and he may need to bring this acquisition to the council for the taking as an eminent domain to protect the levee funding and project. The property was appraised and a peer review was complete. A public use right of way was needed for the project and bisected the property. ➢ Purchases between $10,000- 50,000. CRW Engineering was approved to provide additional preliminary design and agency coordination for the design grant application of drainage improvements in the Dairy Hill area. This additional work was requested in conjunction with the Hazard Mitigation Grant Application submitted to Homeland Security and was required to be completed by January 11, 2010. The grant application was requesting $275,000 to upsize culverts and mitigate the current haphazard drainage on the North end of Vista Avenue, Vista Avenue/Mill Street, and Mill Street/Chamberlain Road. CRW was chosen to complete this work because of their initial help developing the scope of the project, previous survey work they had completed in the area, and their experience with the goals and objectives needed to achieve the protection of public and private property in the area. ➢ The University of Alaska Fairbanks had signed a contract with Marinette Marine Corporation to build the much anticipated Arctic Region Research Vessel with an award price of $123,179,168. The National Science Foundation had agreed with UAF to name the new vessel the, SIKULIAQ. SIKULIAQ was an Inupiat word that refers to "young ice ", "new ice" or "thin ice." The chancellor of the University of Alaska, Fairbanks had communicated their intention by letter, to choose Seward as the new ships home port. $2 million was needed to secure the ship and put in dolphins for moorage. Oates stated this was key for future research and to establish Seward as the northernmost research city. ➢ Lawsuit by Alaska Community Action on Toxics and Alaska Chapter of the Sierra Club vs. Alaska Railroad Corporation and Aurora Energy Services. The City Manager issued the following statement in response to a press inquiry regarding the coal facility: "In the three years that the Alaska Railroad and Aurora Energy Services have controlled the coal delivery facility in Seward, extensive capital and operational improvements have improved environmental safeguards and increased the efficiency of the facility. The Alaska Railroad and Aurora Energy Services work closely with the City of Seward and the public in a continuing effort to address concerns, improve best practices, and protect the environment. The facility is important to Seward for many reasons that include year -round jobs, continued operation of the railroad to Seward in the winter, and the presence of a major port at Resurrection Bay for exporting Alaska's products and resources. The facility is equally important to the economy of Alaska and the financial health of City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 218 the Alaska Railroad and Aurora Energy Services. As the City Manager, I am satisfied with the ongoing efforts of the Alaska Railroad and Aurora Energy Services to protect the environment and meet the requirements of state and federal environmental laws and regulations." ➢ Storm Surge Disaster. Personnel from Homeland Security and Emergency Management were in Seward for two days offering assistance with worksheets and paperwork. The three areas needing restoration was; Lowell Pt. Road, the shoreline and protective barrier of the Alaska Sealife Center and the bikepath. Oates also stated the Seward Community Library was recognized as a STAR Library by the LJ Index of Public Library Service, and the electric department was in their new location at the Railroad Annex Building at 501 Railway, and the city was working with the Alaska Railroad on a dredging project for the cruise ship basin and approaches. The funding for this project was paid with a $4.5 million grant using state cruise ship head tax funds. City Attorney Report. City Attorney Cheryl Brooking gave her report and general overview for November and December, 2009. Mayoral Report. Mayor Willard Dunham stated his report was in writing but told the council of many legislative bills, including GRETC that needed to be watched. He informed the public of the National League of Cities Community Award of Excellence for the Seward Mountain Haven and thought Seward should try for an unprecedented 4 All- America City Award now. • Other Reports, Announcements and Presentations PACAB Annual Report Given by Member Paul Tougas. Tougas stated the three major topics discussed in the past year were the north harbor development, south harbor development with tailings and ideas, and code changes for the small boat harbor. They would be starting the New Year looking at possible code changes. A Report Was Given By Jeff Mow On The Planning Of The NPS Visitor Center And Administrative Facility Downtown. Portico was looking at the project again for function. Without the conference center the project was at about $12 million dollars using the site of the Legends building and reusing the Solly' s building. The Harbor Dinner Club and Mai home would be demolished and made available for parking. Alaska Sealife Center Director Ian Dutton Gave A Powerpoint Presentation And Report On His Recent Trip To Yeosu City, Korea. PUBLIC HEARINGS Resolution 2010 -002, Authorizing The City Manager To Enter Into Amendment No. 4 To The Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As Lots 1- A And 3, Block 7, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Seward Ship's Drydock Replat, According To Plat 2002 -22, Seward Recording District , Third City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 219 Judicial District, State Of Alaska. L .. Motion (Bardarson/Keil) Approve Resolution 2010 - 002 Oates stated the current ground lease was entered in 2005 for a term until June 30, 2009, subject to possible extensions not to exceed 2029. Seward Ships Drydock, Inc. (SSD) requested an amendment to the ground lease for possible extensions through June 30, 2040. Oates felt these extensions were appropriate because of the acceptance of MARAD grant funds for capital improvements to the City's syncrolift to authorize an extension beyond 2029. Oates stated there were advantages for SSD and the City. The city would receive $1 million dollars of improvements to the syncrolift and this would make SSD more competitive for financing, sale or sub - leasing. There were no changes to the current lease, only the opportunity to extend to 2040. Oates stated that changes were proposed by both sides, but were not agreeable. He thought this extension should protect the facility and jobs. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tim McDonald had read every word of the lease and the maintenance and operating agreement. He thought other than the Alaska Sealife Center, this facility was the most important asset. He was concerned that environmental aspects had not been solved, and spoke of liability and insurance concerns. McDonald reminded council that the community voted not to sell the facility, but two years later, the city did it anyway. He thought there should be penalties for default and that the facility was originally suppose to be open for other users. He recommended the council not renew the lease and give someone else a chance to run the facility. Jim Pruitt stated the maintenance on the syncrolift system upgrades were $318,000. The cathotic protection system upgrades came to $302,000, SMIC pile recoating was $41,000, for a total cost of upgrades of $661,000 with $75,000 for insurance. He reminded he paid the city $44,000 for this lease and that SSD payroll was $1.9 million dollars which had been consistent for years. Pruitt also mentioned that the total spent to other vendors from this facility was five million each year with four million spent in 2009 alone. The public hearing was closed. Oates clarified that the city must approve any sale of the lease and that city assets at the facility could not be sold. He stated interactions and cooperation had improved with SSD, and reminded the council there still was the maintenance and operating agreement in the toolkit. City Attorney Cheryl Brooking reported this solely extended the lease beyond 2029 with the ability to extend to 2040. Oates and Brooking both felt the city's legal position in earlier arbitration had been correct. Motion Passed Unanimous City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 220 UNFINISHED BUSINESS Motion for Reconsideration Motion (Amberg/Keil) Reconsider Resolution 2009 -137 Council Member Amberg felt the issues she had for reconsidering were resolved in the work session. Motion Failed Unanimous Resolution 2009 -137, Authorizing The City Manager To Enter Into A "Second Amended And Restated Agreement For Lease Of Tract 2A, Waterfront Tracts, And The Lease Operation And Maintenance Of The Alaska Sealife Center" With The Seward Association For The Advancement Of Marine Science. (Stays approved as previously passed on 12/14/09) NEW BUSINESS Resolution 2010 -004, Authorizing The City Manager To Enter Into A Contract With Prosser Dagg Construction Company And Authorizing An Amount Not To Exceed $394,651.28 For The Completion Of The North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project And Appropriate Funds. Motion (Keil/Bardarson) Approve Resolution 2010 -004 Oates stated this would complete Phase I for construction of the North Seward Water Storage Tank and pumping facility. This went to bid with Prosser Dagg Construction Company winning. To be eligible for ARRA funding, there were strict timelines to have this contracted by January 18, 2010. Public Works Director W.C. Casey answered that addendums were filed prior to the bid deadline. Amendment (Bardarson/Keil) Put the correct funding code 0709 into Section 2 of the resolution. Amendment Passed Unanimous Consent Main Motion Passed as Amended Unanimous Discussion ensued on guidance to be given on the issue of adding Fluoride to the city's drinking water. wanted to provide information and solicit guidance for adding fluoride to the city p g g Y drinking water. He reminded that the October advisory vote to add fluoride to the drinking water had passed by around 10% with 279 yes and 234 no votes. He wished to give another opportunity to City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 221 members of the community on pros and cons before seeking council guidance and mentioned some t r.. possible options. City Council suspended the rules by unanimous consent to have the pros and cons presented. Public Works Director W.C. Casey, spoke against adding fluoride to the city drinking water. He had 30 years of knowledge with the water department, had read 7 books, conducted 500 hours of research, perused 2000 documents and had spoke with various doctors and dentists. He came to the conclusion it was not appropriate to add fluoride to the drinking water. Casey was not against fluoride, just against community water fluoridation. He explained what he knew of fluorosis, oral health improvements and explained water was essential to life and was not supportive in taking people's choice away. Casey explained the city chlorinated 465 million gallons of water annually, and disinfected 1.3 million gallons daily. If it took 150 gallons to reach the targeted age group, fluoridating that much extra water to reach a targeted age group didn't make sense. With the complexity of the city water system and no central place to add chemicals there would be challenges the way the system would be set up. He felt costs could be as high as $250,000 to initiate and establish a fluoridation system with $40- $60,000 in annual costs if federal and state mandates didn't change. Casey said even if costs were free he wouldn't deem this addition appropriate and there was no study that stated Seward had an oral health problem in the first place. This was administering medication and parents should take the responsibility to medicate their children instead of government. He stated no alternatives to improve oral health in Seward were given other than fluoridation of the drinking water, and encouraged council to not rush into this decision. In response to questions, Casey stated the city was not required to chlorinate its city water and stated it was done as a disinfectant for public safety. Maya Moriarty, who is the lead for the oral health committee, and spoke in favor of fluoridation of the city' s drinking water and had provided a one page position paper in support of this position. She stated the World Health Organization (WHO) did have a stand on fluoride and they recommended it for maintaining optimal dental tissue development and dental enamel for the entire lifespan, elderly included. The Center for Disease Control and Prevention (CDC) identified the addition of fluoride as "one of the ten great public health achievements of the 20 century." Moriarty introduced Troy Ritter. Troy Ritter, Lieutenant Commander with the U.S. Public Health Service, wanted to address the safety of this issue and wanted it noted that multiple injection points in the water system could be a challenge. He did not think he could support a system that had 4 different injection points where there wasn't a water storage tank between the chemical feed pump and the community. That left a very small margin for error or unacceptable risk in his mind. Ritter noted you could build in layers of safety for any system and that fluoride systems could be made iron -clad safe. Although Ritter was not entirely familiar with Seward's water system he routinely built and re -built systems in Alaska and costs to install and operate seemed to be consistent. Ritter gave typical costs for outflow saturators, chemical pumps, flow switches, testing devices, labor, training and installation of a small village in Alaska as being just under $5,000. He knew there were questions that could make the cost City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 222 higher for Seward, but didn't see it being a lot more Operational costs for a typical small water system would cost about $2,500 for a 100 million gallon tank. Ritter remarked that water usage in Seward appeared four times the national average for the size of the population, and wondered if water wasn't being lost through pipe leakage. City Council gave direction to contract with a qualified and unbiased professional engineering firm to determine the impacts, requirements, and costs before implementation, with the intent to add fluoride to the drinking water in the future. The needs of the water department must be balanced to consider and pursue grants and other funding sources available to subsidize costs. INFORMATIONAL ITEMS AND REPORTS (No action required) -- November 20, 2009 letter to DOC Commissioner Schmidt re: SCCC. - - November 27, 2009 letter re: support for a 1998 resolution in favor of the Kenai Mountains/Turnagain Arm National Heritage Area and attached law. -- January 7, 2010 letters to Representative Young, Senators Begich & Murkowski. - - December 21, 2009 letter sent to Division of Oil and Gas and Commissioner of DNR. COUNCIL COMMENTS Shafer stated she was tickled for the Arctic Research Vessel (ARRV) and felt very fortunate to have this ship coming to Seward. She stated not only other city' s in Alaska wanted to homeport this ship but other states as well. Smith stated this vessel had been a career for many people and should be quite a vessel. He hoped everyone had a good holiday. Keil wanted a good engineering study for the fluoride issue and did not wish to embark on a project if the costs were out of line. Her family had enjoyed the New Years Party and thanked the Arts Council for putting it on. Bardarson was also thrilled about having the ARRV homeported in Seward. Dunham notified that University President Hamilton would be at the Kenai Community College soon, and if any council members appeared, to thank them for their support in homeporting the ship. He stated it was time to begin upgrading the Seward Marine Center to get ready for it. He also notified council that Governor Parnell would be in Anchorage speaking at the World Trade Center, congratulated Chamber of Commerce Director Laura Cloward on her accomplishments and leadership, and welcomed new Chamber personnel Monica Cooper. Oates wanted to extend a thank you to Seward Marine Center Director Dan Oliver and past Director Tom Smith for their support and work securing the ARRV. He noted this vessel would not be built if it hadn't been for those individuals. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes January 11, 2010 Volume 38, Page 223 John French spoke about natural fluoride found in drinking water, managing a water system and regulatory thresholds. He said it was difficult to remove just fluoride because other things would be removed also. He agreed the ARRV was a great accomplishment, but didn't want the city to assume, but remain continuously diligent to secure its place in Seward. Jim Herbert thanked the council for advancing the fluoride issue forward. He mentioned that chlorine and fluoride both served a purpose. Maya Moriarty stated there were some places that didn't have good water systems. Some places used salt. She clarified that some internet research was inflammatory and could not be validated, and reminded that John French had given a good prior presentation on poisons and dosages. Mike Moriarty stated 72.5 percent of the population of the United States was on fluoridated water, and it was a safe effective way to prevent disease. He said it didn't only benefit the young, but all ages of the population. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None EXECUTIVE SESSION ism Motion (Bardarson/Keil) Go Into Executive Session To Conduct The City Manager Evaluation Motion Passed Unanimous Went into executive session at 10:10 p.m. Came out of executive session at 10:30 p.m. ADJOURNMENT The meeting was adjourned at 10:30 p.m. ■ fil_ •41 . A .:■..... , _ Iv Ai '6 :1/' 1# Je..I , Lewis C C Willard E. Dunham Ci 1 Clerk Mayor f� ��4i e�, (City Seal) • 1 •