HomeMy WebLinkAbout02222010 City Council Minutes City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 239
CALL TO ORDER
The February 22, 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 Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and Linda Amberg
Jean Bardarson Bob Valdatta
Vanta Shafer Marianna Keil
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
ABSENT — Tom Smith
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Maya Moriarty, spoke on behalf of the Seward Wellness for All Group and spoke in favor
of the fluoridation of the city's water. There was a lot of junk science and legitimate science out
there, and she hoped people could tell the difference or refer to the health professionals in Seward.
There were questions of safety and finances and public health vs individual freedom. She urged
council to think about trust, and noted all top health officials supported fluoride.
Judi Christensen spoke on behalf of Quetckak Native Tribe and Diane McRae, Tribal
Council President, in support of community water fluoridation. This would help Seward's youth and
there was an overwhelming need in the native population. QNT promotes health and wellness for its
members.
Sharyl Seese, spoke in opposition to having fluoride in the water. She thought there should
be more education for tooth care. She hoped council would consider this issue again before putting
it in the water. Not everyone wanted fluoride in their water.
Warren Huss, stated he graduated from dental school in 1965 and had studied the science of
fluoride and community water fluoridation and assured the council that it was safe and effective. It
helped prevent tooth decay in youth, young adults and seniors.
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 240
Patty Beals, spoke on behalf of Paul Foreman, and read a letter that explained his stance that
supported the fluoridation of water and that all the communities' physicians supported this issue. A
lot of incorrect information was out there and there was no controversy between certified physicians.
Beals stated if the community could afford to put fluoride in the water, they should.
Dave Hamner, conveyed appreciation for the continued support for Seward Parks and
Recreation Programs. He thanked them for helping parents out in Seward. Hamner also requested
support of Resolution 2010 -015 to have a study done to see what the cost and logistics would be to
put fluoride in city water.
Matt Hershock spoke on the fluoride issue. His issue was with the matter ofpersonal choice
of how to medicate his own family and was against fluoridating water was taking away his choice.
Greg Carpenter voiced his support of the fluoridation of water. He grew up drinking
fluoridated water. Carpenter felt it would be a benefit for the community and he fully supported it.
Betty Skinner, spoke in opposition of fluoridation of water. Her question was in adding
fluoride to the water, how beneficial was it to those who had health concerns? She personally had
health issues where she did not feel it would be good for her to drink fluoridated water. She asked
that the council have a study on how much fluoride was safe to be ingested. How could they tell if
one was over medicated on fluoride? There were other ways to get fluoride and she was concerned
with over - medication. She didn't feel the city had any right to medicate her.
Mike Moriarty, the local dentist in Seward, asked for support for water fluoridation and
stated many cities in the country were fluoridated. He encouraged council to affirm the public vote
from October and fluoridate the city's water.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson /Amberg) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The following was added to the agenda:
Discussion item to discuss hosting a reception for Alaska Representative Paul Seaton.
The clerk read the following approved consent agenda items:
The February 8, 2010 Regular City Council Meeting Minutes Were Approved.
Tena Morgan and Sandra Roach' were appointed to the Seward Planning & Zoning
Commission with a term to expire February 2013.
There was a non objection to the liquor license renewals for BPO Elks Lodge #1773, The
Seward Alehouse, The Breeze Inn and The Marina Restaurant.
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 241
Resolution 2010 -018, Authorizing A Memorandum Of Understanding With Providence Health
& Services To Account For The Transfer Of Funds Necessary To Facilitate Debt Service
Payments Associated With Seward Mountain Haven.
Resolution 2010 -019, Approving Amendment #7 To The Employment Agreement With The
City Clerk.
Resolution 2010 -020, Authorizing The Transfer Of $8,150 In Unexpected Grant Funds From
The Library Budget Into A Special Revenue Fund To Complete The 1964 Earthquake
Documentary Film.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Sponsor Appreciation Night.
Teen and Youth Center Adelmann Award. Logan Adelmann and Derek Brasch were
presented this award.
Council allowed the group from the crew for the movie being filmed in Seward,
"Christmas with a Capital `C" to speak briefly. Actors Ted McGinley, Brad Stein were
present as well as producer David Cutty. They offered thanks for having Seward welcome
them and was excited to put Seward on film.
Borough Assembly Report. No report was given.
City Manager's Report, City Manager Phillip Oates gave a brief report on electrical
outage that occurred the past weekend. The city was on generation for almost three full days due to a
large tree outside of the right of way that blew down and hit a large pole and line. Because of
weather conditions and lack of equipment, it took almost two full days to repair. Homer Electric
Association provided assistance by sending a crew of three to help finish repairs. The three
generators worked very well. The cost was estimated at approximately $100,000.
There following purchase between $10,000 - 50,000 has been approved by the City Manager
or RFP's released.
In 2010, in accordance with the requirement in SCC, the City will do an appraisal of city
leased property. This RFP was advertised beginning on January 28 and had a closing date of
February 12 One proposal was submitted and was found to responsive and also rated high with
the Council approved criteria: Depth of market experience (20 pts), Past performance (10 pts),
Availability (20 pts), Understanding of the work to be performed (20 pts), Cost (30 pts). The rating
criteria and notice of the RFP was provided to Council in the Manager's Report of January 25, 2010.
The proposal was submitted by MacSwain Associates LLC with a final cost of $23,900 which was
significantly under what was budgeted, and within the City Manager's spending authority.
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 242
The City of Seward would receive $345,747.50 from Cruise Ship Tax revenue through gh an
appropriation from the Kenai Peninsula Borough. Seward's community group- `Wellness for All'
would receive a $100,000 grant from Providence Health & Services (Alaska) through a new
endowment called the Community Benefit Strategic Investment fund (CBSI).
Harbor
Floats for the Security Float (Z float) were estimated to arrive in Seward (via barge from
Washington State) on March 2, 2010. The floats would be stored on Alaska Railroad property until
construction funding became available. The City of Seward was not a recipient of the TIGER
(Transportation Investment Generating Economic Recovery) grant. This was a $17 million grant
proposal to complete the breakwater at SMIC and add additional moorage to the SMIC basin. The
City recently applied for a MARAD grant requesting $161,845.00 for electrical infrastructure at
SMIC. The grant would put a new transformer in the SMIC yard, and add 12 new power pedestals.
Awards would be announced in April.
Public Works
The snow blower was working properly; but a grader was down due to a drive axle issue.
It should be fixed and operational in 10 days. Public Works was focusing on drainage issues due to
excess rainfall. The pothole cold mix asphalt was supposed to be here on 2/18 but delivery was
halted by the avalanche at mile 86. In water and sewer, staff was working on preventative
maintenance, continually working on security issues, and planning for construction season with the
priority as Phase I and II of the Water Tank Project. Staff was moving forward and would be ...
requesting future AARA funding for a portion, if not all, of the water tank project.
Community Development
In Planning and Zoning Commission, a work session was held on February 16 to discuss
incorporation of small wind turbines into the Zoning Code. Electric Utility Manager John Foutz
attended to answer questions from the commissioners on industry standards. The Community
Development Department continued to work closely with the movie production staff from
"Christmas with a Capital, C," which would be filming in Seward from February 23 March 3rd
As part of the Seward Economic Development Study (which the Chamber was managing on the
City's behalf) a team of developers came to Seward February 16 and 17 to understand the City
processes for working with business. They met with the City Manager and Mayor, toured the town
and also met with key Department Heads that had a role in supporting a new or growing business in
the community. Their visit was cut short because of road conditions, but they would continue their
work by phone and via the City Website.
Mayoral Report, Mayor Willard Dunham briefed the council for the period of the end of
January to the beginning of February. He spoke of recent lobbyist trips to Juneau and Washington,
DC as well as a side trip to Wisconsin for the inauguration of the new ARRV. Dunham met with
mural group for long term planning goals. He attended GRETC meetings with John Foutz of the
Electric Department and felt the group was moving at a snail's pace.
Chamber of Commerce Report, Laura Cloward showed a new promotional video to the
council. The intent was to hit a tourism perspective but also show a quality of life in Seward.
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February 22, 2010 Volume 38, Page 243
Cloward said they wanted to capture the unique parts of Seward. The video went on the Chamber's
homepage on Saturday and YouTube on Friday and would be available on Digiplayers on Alaska
low Airlines for certain summer months.
"Christmas with a Capital C" hired several members of the community to help make the
movie which brought jobs to the community. Cloward felt this was really good for the economy and
thanked the city for helping make Christmas happen in February.
Other Reports, Announcements and Presentations
On behalf of the Seward Legislative Information Office, Marianna Keil said during
Representative Seaton's visit, the LIO office would have a breakfast from 8 -10 a.m. on March 4,
2010. Oates emphasized how important it was to have the community come out and meet with its
representative.
Dunham noted the Wada Group that was coming to town and the council should try to
hold a reception.
PUBLIC HEARINGS
Resolution 2010 -012, Authorizing The Disposal Of Lot AU, Forest Acres Subdivision, Subject
To A Public Use Easement, To Steve And Maureen Lemme In Exchange For $4,000 And A
Public Use Easement On Lot ZZ, Forest Acres Subdivision For The North Forest Acres
Levee /Road Project And Appropriating Funds.
Motion (Keil/Bardarson) Approve Resolution 2010 -012
Oates stated this was in everyone's best interest and recommended approval for this property
trade.
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 Passed Unanimous
Resolution 2010 -013, Recommending Kenai Peninsula Borough Approval Of The Two Lakes
Park, Includes The Vacation Of All Interior Undeveloped Rights -Of -Way, Easements And
Interior Platted Lot Lines; And Dedicates Additional Easements And Extends The Vista
Avenue Right -Of -Way North Providing Legal Access To USS 1931, Located Predominately
Within The Park Zoning District.
Motion (Bardarson /Shafer) Approve Resolution 2010 -013
ti...
Community Development Director Christy Terry summarized the replat for the council.
Staff and P &Z and the public have had a long standing interest in this replat. It dedicated utility and
emergency access easements and provides a second access out of town.
City of Seward, Alaska
February 22, 2010 City Council Minutes
Volume 38, Page 244
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Bob Linville, used the Two Lakes Park on a routine basis. He was aware of the efforts that
had been made to get this replatted over the years and complimented staff and administration on
making this happen.
Keil said it had taken yeoman's work to get this done, as far back as when she was on the
commission. She was happy this was moving forward and she also thanked those involved, past and
present.
Motion Passed Unanimous
NEW BUSINESS
Resolution 2010 -014, Authorizing The City Manager To Enter Into An Agreement With West
Construction Company At A Rate Of $4.88 Per Cubic Yard For An Amount Not -To- Exceed
19,900 Cubic Yards Of Rock From The Quarry For An Extension To The Breakwater At The
Seward Small Boat Harbor.
Motion (Keil/Amberg) Approve Resolution 2010 -014
Oates stated this was part of the of the breakwater extension project to make it possible to
construct a security dock. The Army Corps of Engineers was managing the project. Staff had
looked at the pricing throughout the state and felt this was the best price. This sale also required
West Construction to clean up the quarry after they were done.
Valdatta had no objection with the price, but he had concern with the quarry sales benefiting
the general fund. The $97,000 should be earmarked in the general fund and put back in the quarry.
Motion to Amend (Valdatta /Keil) Add section 4: The $97,112 revenues from
the sale of the rock quarry will be taken
from the general fund and committed to the
capital acquisition fund for the purpose of
cleaning up the rock quarry.
Finance Director Kris Erchinger said that would require a transfer out of the general fund
and then to a capital acquisition fund.
Keil said she would agree for this one time set of revenues, but not all future revenues.
Public Works Director W.C. Casey and Oates said there was still much reclassification to
be done.
Motion to Amend Approved Unanimous
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 245
Lim Main Motion Passed Unanimous
Resolution 2010 -015, Affirming Council Support For Fluoridation Of The Public Water
Supply To Improve Oral Health, And Directing The City Manager To Determine The
Requirements And Costs For Safely Adding Fluoride To The Community Water System And
Report On Grants And Other Funding Sources For Subsiding Those Costs.
Motion (KeiI/Shafer) Approve Resolution 2010 -015
Oates stated council had discussed this issue many times. This resolution would approve the
initiative to add fluoride at the recommended levels. This did not put this request before many other
steps. First he needed to obtain an engineering firm to assess the situation. This also directed him to
look at further funding sources and also to look at how this affected the water system. At this point
he would come back to council for the appropriation of funds.
Bardarson noted that she may have a conflict of interest on this resolution due to her
employment with the dental office. No member of council felt there were was a conflict of
interest and Mayor Dunham declared no conflict existed.
Valdatta thought information they received was incorrect, that many European countries had
banned fluoride.
Bardarson stated it was not a fluoride issue; it was a water system issue. Most countries put
fluoride in their salt.
Amberg wanted clarification that this was to endorse a study. Oates said this also noted
council supported fluoridation as well. Amberg stated she did not support it, but supported a study.
Motion to Amend (Amberg /Keil) Amend Resolution 2010 -015, by striking
the words "affirming council support for
the fluoridation of the public water supply
to improve oral health, and" in the title and
the words "and supports" in Section 1.
Keil's concern was that if they took this wording out, it might be more difficult to get grants.
Shafer said they didn't know where to go with grants at this point anyway, and thought it
could be added into a resolution at a later time.
Bardarson stated the title did request the city manager to report on grants on this resolution,
however.
Dunham saw this resolution as directing the city manager to prepare information to make a
km.
formal vote on this. Without this support, they might not get a clear account of what funds may
available to them.
City of Seward, Alaska
February 22, 2010 City Council Minutes
Volume 38, Page 246
Oates read the advisory proposition language to the council. It may mean they would have to aNdi
pay the full costs themselves without this language, he felt.
Valdatta felt the city had good water now. He wondered if they should have another advisory
vote.
Motion to Amend Failed Yes: Amberg, Valdatta
No: Bardarson, Shafer, Keil, Dunham
Motion Passed Yes: Shafer, Keil, Bardarson, Dunham
No: Valdatta, Amberg
Council recessed at 8:55 p.m.
Council resumed at 9:00 p.m.
Resolution 2010 -016, Amending The 2009 Budget To Account For Unbudgeted Revenues From
Exxon Valdez Oil Spill Settlement Proceeds.
Motion (Bardarson /Keil) Approve Resolution 2010 -016
Oates stated Seward received a check for $1.6 million for punitive damages and the intent
was to modify the 2009 budget to bring the general fund balance to have the required reserves.
Keil asked what the attorney costs were. Oates stated the attorney fees were already taken out
and clarified this money would not be used to balance the 2009 budget. The reason for putting it in
the general fund budget was for future appropriations.
Bardarson felt like this was a gift to the community. She would like to see this money used
for things that could be repaid, such as the shop building, which could be rebuilt without the interest
that was factored in.
Amberg said there was discussion about doing a special infrastructure account, but the city
never had the money to put into it — now might be the time to do something like this.
Shafer agreed with Bardarson to leverage this money.
Oates said any appropriation of this money would be approved by the council. He
recommended they approve a resolution that dedicated this money to a fund like that was mentioned.
Dunham stated leverage of this money should be used to be reused again and again. He
hoped they would put it to good use.
Oates stated another good use was to establish an assessment district.
Motion Passed Unanimous
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 247
Resolution 2010 -017, Amending The 2009 Budget And Appropriating $430,411.62 From The
State Of Alaska To The Public Employees Retirement System On Behalf Of The City Of
Seward.
Motion (Bardarson /Shafer) Approve Resolution 2010 -017
Erchinger reported on the recent PERS issue at hand. Everyone in PERS right now shared
the same rate. The state legislature had stepped up and would cover all employers over a certain
percentage. In 2009, that amounted to $430,411 that the state paid into PERS on behalf of the city.
The money didn't actually come to the city, which had to budget the cost as an expense.
Keil wanted that explained to the public. Was the city just budgeting the 22 %? Erchinger
affirmed that they were, but it was unknown when that figure would change by the state.
Dunham asked about the status of the security breach in PERS for employees. Oates stated
measures were being taken for their staff and former staff.
Motion Passed Unanimous
OTHER NEW BUSINESS
Discussion on holding a possible reception for Representative Seaton on March 3, 2010.
Council directed staff to pull together a reception at a hotel and inviting the public and all boards
and commissions. Light hors d'oeuvres to be served.
Discussed whether Seward should respond to the request for information online to volunteer
as a test case for faster internet service with Google.
Council directed staff to move forward and the city manager apply on behalf of the city.
Discussion on having a reception for the Wada Group when visiting on March 6, 2010.
The council directed staff to pull together a reception.
INFORMATIONAL ITEMS AND REPORTS (No action required)
Examples of letters sent to students and coaches congratulating them on placing in the Alaska
Tsunami National Ocean Science Bowl February 2010.
Mayor and Council letter sent to the Kenai Peninsula Borough Mayor and Assembly re:
Opposition to Ordinance 2009 -052.
Mayor letter sent to Senator Lisa Murkowski, re: ASLC
Preliminary December 2009 City Financials with fund balances and risk assessment report.
Erchinger stated she sent out reports as news came in and apologized for the constant
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 248
changing data. The biggest news was that the deficit expected was not as large as anticipated. The
city ended up about $720,000 short in revenue, but the big news was that they were $832,000 short
on the expense side. Many things were cut and postponed, which was a big help. They would end
up with a surplus of $1.9 million ($1.6 was the Exxon money).
Keil hoped administration could use the same fiscal conservatism in the 2010 budget.
Dunham wanted to know if the drop in the head and bed tax was due to some businesses
closing.
Providence Seward Medical Center Financials for November 2009.
City/Harbor write off list.
Park and Recreation Annual Reports.
CITIZENS' COMMENTS
Shafer noted the new earthquake video was going to be released on the anniversary of the
1964 earthquake.
Keil, thanked Roach' and Morgan for reapplying. She really liked the chamber's new
promotional video.
Bardarson, encouraged the youth in Seward to apply for the student exchange program. She
thanked the parties involved in the Two Lake replat.
Dunham, noted AML /JIA was coming in July and they should welcome them. He met with
the mural group who was in the process of working out plans for their next artist and may do repairs
of several already placed murals around town. Dunham thanked the movie crew for coming into
town and he hoped more could come to Seward. The Trailblazers had their Mayor's Cup, but was
cancelled due to rain. Their new film was available for review at the library, and Dunham said it was
excellent. Dunham wanted to thank the ARR for all they provide to the community.
CITIZEN'S COMMENTS
Jim Herbert, thanks to City Clerk Jean Lewis and Assistant City Clerk Johanna Dollerhide
on their work with the Sister City Program and SIFA. It was great news on the budget and he was
behind the concept to use the Exxon money wisely. Herbert thanked Terry for their work on the Two
Lakes Park. He felt fluoride, in the long run, would add to the quality of life in Seward.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Keil noted to Mr. Herbert they had a vacancy on the Planning and
Y g Zoning Commission.
ADJOURNMENT
City of Seward, Alaska City Council Minutes
February 22, 2010 Volume 38, Page 249
The meeting was adjourned at 9:52 p.m.
Jean Lewis CMC Willard E. Dunham
City Clerk Mayor
(City Seal)
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