HomeMy WebLinkAbout04122010 City Council Minutes City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 267
CALL TO ORDER
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The April 12, 2010 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Vice Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Vice Mayor Jean Bardarson presiding and Linda Amberg
Bob Valdatta Vanta Shafer
Marianna Keil Tom Smith
comprising a quorum of the Council; and
Kris Erchinger, Acting City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
him ABSENT — Willard E. Dunham
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Nici Murawsky spoke for Dan Oliver who was at the Wisconsin boatyard, thanking the
council for all their great support toward the homeporting of the M/V Sikuliaq. She handed out t-
shirts and an artists rendition for the M/V Sikuliaq.
Rhonda Hubbard, handed out a commercial fishing news page and explained about the
information it entailed such as processors, revenues and values of the fish landed in Seward. She
pointed out that Seward was the 9 ranking port in America for value because of halibut and
sablefish.
Tim McDonald, pointed out the taxes that were generated revenue on the commercial fishing
page handed out. He thought oil and gas taxes dropped, along with mining and fuel, but noted fish
taxes had increased. He thought the harbor rates were non - negotiable and very high. He spoke of his
opinions of their terrible policies and how the city was liable.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Amberg) Approval of Agenda and Consent Agenda
Based on Legislative action today, the following resolution was pulled from the agenda.
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 268
Resolution 2010 -033, In Support Of The Greater Railbelt Energy And Transmission
Corporation (GRETC) And House Bill 182 And Senate Bill 143.
The clerk read the following approved consent agenda items:
The March 22 and 23, 2010 Regular City Council Meeting Minutes Were Approved.
Resolution 2010 -032, Changing The Title On A Job Description From Assistant City Clerk To
Deputy City Clerk To Reflect The Hiring And Approval Provisions Applicable to That
Position In The City Code And Affirming Johanna Dollerhide As The Deputy City Clerk.
Resolution 2010 -035, Supporting Sponsorship For The Chamber Of Commerce's Annual
Silver Salmon Derby For An Amount Of $5,000.00.
Resolution 2010 -038, Supporting The Kenai Peninsula Borough's Efforts Of The Kenai
Peninsula Borough To Urge The Federal Highway Administration To Allocate $17,332,100 To
Make Lowell Point Road Improvement Project Fiscally Possible And Keeping It A Feasible
2010 Federal Transportation Priority.
Motion Passed Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A Proclamation was read for National Public Safety Telecommunications Week.
A Public Welcome was read for Military Families attending retreats in April at the
Seward Resort.
The Lions Club presented two AED monitors to the Seward Police Department.
Certifications were presented to SPD Correctional Officers Chris Murphy and Cassie
Mahl.
Borough Assembly Report, Sue McClure stated she had been trying to find an organized
non- profit group that resided in Primrose or Crown Point to notify them they could apply for revenue
sharing. She stated at the May 4 meeting to be held in Seward, there would be a public hearing on
extending the sunset date of Ordinance 2009 -09 which created the flood hazard area, and they were
encouraging input. An ordinance was defeated which allowed citizens to be on both city council and
the borough assembly, but now had a motion for reconsideration on it. The bridge project that would
be made of railroad cars would cost $4,700.00 and was moving forward. The school budget would
not be heard until May, with the beginning of budget meetings to begin May 4 in Seward.
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 269
City Manager's Report, Acting City Manager Kris Erchinger read from the Manager's
report and stated there had been no purchases between $10,000- 50,000 approved by the City
Manager since the last City Council meeting.
North Forest Acres Levee Road. The City was obtaining a second "self- contained" appraisal that
conformed to the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal
Standards for Federal Land Acquisitions. The City had obligated $6,000 in establishing a contract for
the second appraisal. The eminent domain case would go before the courts April 22, 2010 or once
the second appraisals were back. The city still hoped for an agreement outside the court satisfactory
to both the owners and City of Seward. She informed the City had agreed to apply for the permit and
construct a new driveway on that property.
Electric. On March 30, 2010, the electric department started work on Lowell Point Road, digging a
trench to replace the outdated underground line, laying 8000 feet sections with eight concrete vaults.
Road access was restricted during portions of this project and the community was thanked for their
patience.
Fire Department. Chief Squires and Mike McHone traveled to South Haven, Michigan to conduct
the final inspection on the new fire engine. The engine passed all conducted tests and the
manufacturer was completing the unit. The vehicle was scheduled to be on the barge April 22, 2010.
The Fire Department staff and volunteers were continuing to work on the 2010 Fire Conference to be
held in Seward September 27 through October 2 There had been an increased interest in
attendance from potential vendors and attendees. The Fire Chief, Deputy Chief and City Manager
Oates had been attending public hearings with the state legislators on proposed bills that would
impact fire protection in the community. The status on these bills was being tracked and when a final
decision was made, Council would be informed.
Harbor /SMIC. The Harbor had been working on improving its used oil and antifreeze recycling
stations in the harbor. Work had also been done on the aluminum recycling stations which may also
take used zincs and small amounts of copper.
Library. 177 people attended the first showing of the new earthquake documentary, Waves Over
Seward. The movie was a great addition to the historic interpretation of the earthquake event and
the library would begin regular showings of the film on Memorial Day.
Other. The Community Development Department urged the citizens to turn in their census forms to
ensure the community gets its fair share of representation and federal funds. The anticipated
FEMA/FIRM maps had been received and were on display in the community for comments until
April 29, 2010. The Corps of Engineers were led through the Lowell Creek diversion tunnel for its
annual inspection which appeared to be in good condition with only minor damage sustained over
the last year. The city was expecting the USACE permit by the end of the week to prepare to work
with the State and engineers to clean up the waterfront after the December 2009 tidal surge.
... City Attorney's Report, City Attorney Cheryl Brooking stated along with the usual
monthly legal work, they continued to pursue the quiet title action on property above the Two Lakes
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April 12, 2010 Volume 38, Page 270
trail and have the deed issued. Land use questions arose from the harbor and ordinances were
drafted. Oral argument was scheduled in May for the Trustees litigation. ugh
Mayoral Report. Vice Mayor Jean Bardarson stated screenwriters were scouting for
locations to shoot films. A company called Evergreen would be filming a TV series on Dana
Stabenow's book. Ms. Stabenow wanted it filmed in Alaska. A grant was applied for by the
Boosters Club to purchase a new reader sign that announced school events, TYC events and
emergency information. GCI had agreed to allow it be erected on their property right off the
highway at Mile 1.
Other Reports, Announcements and Presentations
A presentation was given by Edgar Blatchford, Keizo Sugimoto and Tony Nakazawa
for the Alaska Jujiro Wada Memorial Association.
PUBLIC HEARING
Resolution 2010 -029, Authorizing The City Manager To Implement The Seward Small Boat
Harbor Vessel Maintenance And Repair Policy. (This was a requested, not a required public
hearing)
Motion (Shafer /Keil) Approve Resolution 2010 -029
Acting City Manager Kris Erchinger explained the harbor didn't have a maintenance
policy. This policy addressed environmental issues along with city legal issues, but still provided
boat owners a way to maintain their boats. It had been modeled after Clean Marina initiatives in
other states, and best management practices outlined by the State of Alaska from the Alaska Coastal
Management Program. This policy had been discussed at work sessions, letters were sent out, public
input was sought, and these proposed policies were recommended by the Port and Commerce
Advisory Board. The goal was to avoid maintenance by- products and debris from entering the water
or contaminating floats, docks or adjacent vessels.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Rhonda Hubbard stated she was having trouble in general with policy and rate changes in
the harbor. She understood the effort to create some consistency in clean -up and avoiding
favoritism, but thought with all this effort and complication, flexibility went out the window.
Hubbard reported this was burdensome to the users and she wanted more outreach and assistance.
She again stated she was frustrated with harbor policies and thought there should be more effort with
outreach and how policies would play out and what the procedures were.
Tim McDonald thought working from the regulatory end of things, the users were forgotten.
He thought common sense needed to be used by users so nothing went into the water.
Public hearing was Closed
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 271
b. Harbormaster Kari Anderson, stated that this policy had been drafted to meet the needs of
the users, and gave a few bullet points as general guidance for maintenance activities within the
harbor. She said the main goal was simply to not contaminate, contain debris and use common
sense. Anderson stated the Port and Commerce Advisory Board had this before them twice, then
wished a small change the third time, but she preferred to language be left vague for users. She said
there was not much controversy over these policies. Anderson said tariff revisions in the fall may
add some enforcement and fines. This policy was not limiting activities, just asking for containment.
She also spoke of the natural water flushing in the harbor before the expansion that was not there
anymore.
Motion Passed Unanimous
Resolution 2010 -030, To Approve Revisions To The All Hazard Mitigation Plan For The City
Of Seward For Submission To The Kenai Peninsula Borough.
Motion ( Keil/Shafer) Approve Resolution 2010 -030
Erchinger stated revisions of emergency plans were done every few years, with substantive
changes being included on page 78 and 79 which articulated the specific changes. She pointed out a
lay down version had some suggested amendments from the Port and Commerce Advisory Board
(PACAB) that staff supported.
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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.
Amendment (Keil/Shafer) Adopt all of PACAB's changes which were:
adding the topic of "ashfall" and "economic"
to the table on page 8; adding the sentence,
"The likelihood of coastal erosion becoming
more problematic and occurring more often
in Resurrection Bay also increases with
possible global climate change and associated
rising of sea levels" on page 32; adding "The
loss of a large employer, such as the Alaska
SeaLife Center or Spring Creek Correctional
Center in the area would also have a
significant impact on the economic balance of
the community" as the last sentence on the
2 " paragraph under B. Vulnerability
Assessment and Impacts on page 39; crossing
out the word "threat" and inserting
"probability of occurrence" to paragraph 3
of page 43; and using consistency in
terminology that "Jap Creek be changed to
Japanese Creek" throughout the document.
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 272
Amendment Passed Unanimous
Main Motion Passed as Amended Unanimous
NEW BUSINESS
Resolution 2010 -031, Supporting Shared Sponsorship Of The Japan And Alaska Jujiro Wada
Memorial Association Trade Mission Exchanging Opportunities To Grow Travel Trade Via
Tourism Market Promotion Of Marathon And Sport Events And Approving The Submission
Of A $5,000.00 Discretionary Grant And An Under $2,000.00 Alaska Humanities Forum Grant
To Assist With Costs Associated With Travel For The Trade Mission Executive Delegates And
Their Planned Proposal.
Motion (Keil/Shafer) Approve Resolution 2010 -031
City Clerk Jean Lewis explained the Alaska Jujiro Wada Memorial Association had
proposed the City of Seward assist with sponsoring a travel trade delegation from Japan to come to
Alaska this fall. She notified that two grants had been turned in to defray costs.
City Council had questions to the Alaska Jujiro Wada Memorial Association about shared
sponsorship and what other communities were doing and how the grants offset the money the city
may put up.
Motion (Shafer /Keil) Postpone to April 26, 2010 go get questions
answered.
Motion Passed Unanimous
Resolution 2010 -034, Opposing "An Initiative Creating An Alaska Anti - Corruption Act"
Which Will Be On The 2010 Alaska Primary Election Ballot.
Motion (Keil/Amberg) Approve Resolution 2010 -034
Erchinger explained that this initiative had nothing to do with its title and instead tended to
strangle government. She explained the procedure on how the council could choose to expend funds
to influence the outcome of an election. Once read, this initiative was far reaching and would be
detrimental to local governments and would actually take away the rights of citizens in
communicating with their government. The Alaska Municipal League strongly opposed this for
precluding associations like them that serve local municipalities.
City Attorney Cheryl Brooking commented that even though the Attorney General's Office
found it sufficient to put on the ballot, they felt portions of this initiative would not stand
constitutional muster with parts of the law being invalid.
Smith stated all small communities in Alaska need representation.
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 273
Motion Passed Unanimous
Resolution 2010 -037, Accepting A Grant From The State Of Alaska In The Amount Of
$167,000 And Authorizing The City Manager To Enter Into A Contract With First Student
Inc., For Seasonal Transportation Services For An Amount Not To Exceed $95,025 And
Appropriating Funds.
Motion (Keil/Smith) Approve Resolution 2010 -037
Erchinger reported this transportation contract would assist in moving tourist passengers and
luggage from the cruise ship dock, to the railroad dock and downtown. The State awarded a grant in
2009 for $167,000 to provide transportation services in the summer months. An RFP was done with
two responsive bids being submitted. She stated both bids were over the budgeted amount for the
project, and the city negotiated with the bidder with the most points to provide services for one
season with an option to extend for another year, if funding became available.
Community Development Director Christy Terry stated both RFPs were excellent and it
had come down to pricing. Local businesses would be visited and local drivers used.
Motion Passed Unanimous
OTHER NEW BUSINESS
Set a work session for June 14, 2010 at 5:00 pm to discuss the wellness initiatives and
programs.
INFORMATIONAL ITEMS AND REPORTS (No action required)
- -March Mayoral Report was given.
-- Letter from Mayor Dunham to Exxon Valdez Oil Spill Trustee Council.
- -Two reply letters from U.S. Senator Lisa Murkowski.
-- January 2010 City Financials
Erchinger answered questions on general services for the January Financials.
- -Legal expenditures January through March 2010.
-- February 2010 Providence Seward Medical Center Financials.
COUNCIL COMMENTS
Keil congratulated Johanna Dollerhide on her job title change and designation. She also
thanked the Lions Club for the AED's. She noted there was a lot of stuff happening in Seward and
thought the staff and the city manager should get kudos for their hard work.
Shafer was excited for the M/V Sikuliaq being built and homeported in Seward, and thanked
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 274
Dan Oliver for all his hard work and the artist rendition and shirt.
Smith was glad to be back in Seward and had missed everyone.
Valdatta wanted the Mayor to write letters of thanks to UNIT and the subcontractors on the
Long Term Care Facility and subcontractors on the generation plant project. He had been delivering
supplies to them and thought they had done a fine job. He complimented the Harbormaster on her
once in a lifetime opportunity to go to Antarctica to work.
Bardarson said Charlotte Lesko and Armeda Benson had passed away and she offered her
condolences. She advised the citizens to return their census forms because of the importance when
and how federal money was distributed, and also notified the citizens to comment on the sidewalk
and road improvement plan.
CITIZENS' COMMENTS
Tim McDonald spoke in favor of the anti corruption act. He thought what was missed was
corporations vs. persons and their personal views. He thought there was a huge imbalance with big
companies and private citizens and stated nobody cared about corporations and that a counterbalance
was needed against corruption. McDonald said even if this was a completely flawed initiative he
would vote for it. He thought informational ballots put out by the city was propaganda and biased.
He said there was a great imbalance of power in this country and we were being usurped by the
ej corporations and he hoped this initiative passed. On the harbor situation, he stated commercial
fisherman told him the City drove them away with their policies and bureaucracy. Now with the
pendulum swinging back and fish tax revenues increasing, he hoped the city would pay attention to
the economic engine which is the harbor. He implied council was running a communist party, with
private clubs and the best healthcare in the nation.
Vice -Mayor Bardarson gaveled McDonald's contemptuous comments about council being
communists, out of order.
McDonald took one last stab stating council had gold - plated plates, more than anyone else in
town, and citizens were paying for it.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Valdatta noted there was plenty of space at McDonald's property across the bay to put in
another harbor, so he should go for it and put one in.
Keil responded that she thought an informed electorate was much better than an uninformed
electorate. The thought of implementing policies to fix later didn't make any sense. Keil felt that
"corruption" initiative would probably be ruled unconstitutional.
EXECUTIVE SESSION
City of Seward, Alaska City Council Minutes
April 12, 2010 Volume 38, Page 275
Motion (Shafer /Keil) Go into executive session to conduct the
City Attorney's Evaluation.
Motion Passed Unanimous
Council recesses at 9:10 p.m.
Council resumes at 9:15 p.m.
Council went into executive session at 9:15p.m.
Council came out of executive session at 9:45 p.m.
ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
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Cit Clerk --J Vice Mayor
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