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HomeMy WebLinkAbout02132012 City Council Minutes City of Seward, Alaska February 13, 2012 City Council Minutes Volume 38, Page 765 CALL TO ORDER The February 13, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Ron Long, Assistant City Manager Johanna Kinney, City Clerk Absent — Jean Bardarson CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lila Hurst, a volunteer at the animal shelter, stated she was overwhelmed by the condition of the facility. She had taken on a lot of the financial responsibilities herself and had organized efforts in other states in the past to help direct fundraising for animal shelters. Hurst stated she was new to Seward. This was a beautiful place but she didn't understand the neglected animal shelter. She would like to start a dialogue with the city to help the shelter. Jim Herbert addressed the upcoming deadlines for the student and adult exchange with Obihiro, Japan. Up to four students would be selected to go. In addition, two adults would be selected to go at the same time. Herbert guaranteed a great experience and opportunity. Herbert also announced the Senior Center had free tax preparation assistance every Monday, Tuesday. and Wednesday. Matt Hershock spoke on the fluoride issue and noted it was a contentious topic. He felt adding it to the water supply was a form of medical treatment. It was a drug and that needed to be administered by consent by a physician. Hershock did not feel the council should be taking on that responsibility and felt it was unethical to put in the water. Controlling the doses would be difficult City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page 766 because people drank different amounts of water. He addressed concern with infant babies consuming fluoride. It should be a person's choice if they wanted to use fluoride. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Shafer /Keil) Approval of Agenda and Consent Agenda Resolution 2012 -016 was pulled from the agenda by administration. A discussion item was added under Other New Business to select a council member to travel to Washington, D.C. with administration. Motion Passed Unanimous The clerk read the following approved consent agenda items: The January 23, 2012 City Council Regular Meeting Minutes Were Approved. Appointed Andrew Wilder as the alternative representative to the Cook Inlet Aquaculture Association, seat currently held by Tim McDonald. Resolution 2012 -010, Approving Amendment #1 To The Employment Agreement With The City Clerk, And Appropriating Funds. sweil Resolution 2012 -012, Approving A Contract For External Audit Services For The Years Ending 2011, 2012 And 2013, With Mikunda, Cottrell & Co., And Appropriating Funds. Resolution 2012 -2013, Amending The 2011 Budget And Appropriating $24,953 In Sales Tax Revenue To The Hospital Debt Service Fund. Resolution 2012 -015 Consenting To The Assignment Of The Contract For Collection And Disposal Of Garbage And Waste Between The City Of Seward And Alaska Pacific Environmental Services Anchorage, LLC, To Waste Connections Of Alaska, Inc. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Lee Poleske was recognized with a plaque and proclamation for his contributions to Historic Preservation. Maureen Callahan was recognized for her service to the Seward Community Library. Borough Assembly Report, Sue McClure stated she was in Juneau last week with the Borough Assembly and staff. They brought their priorities with them and met with the legislators. City of Seward, Alaska February 13, 2012 City Council Minutes Volume 38, Page 767 She was able to speak on borough priorities and noted Seward's Coastal Villages Region Fund Home Porting Project received warm support. The Alaska Municipal League (AML) met as well at this time and it was productive. The assembly met on January 17, 2012 and the highlight was the allocation of the cruise ship head tax of over $700,000. They had a controversial resolution opposing an ambulatory surgical center by a private group. Tomorrow they would likely be appropriating $35,000 to pay for outside council for a lawsuit that had arisen due to this opposition. Also coming before the assembly was a $4.7 million appropriation for a cancer center on the peninsula, but McClure suspected it may be pulled. Also coming forward was an Ordinance for introduction appropriating state grant funding for an addition to the Seward High shop facilities in addition to funding for other school projects. On the February 14, 2012 agenda was a public hearing for the proposed land exchange with the City of Seward. The Planning Commission was rehearing this issue tonight, and she was waiting to see what happened. They would be meeting with the School District tomorrow to discuss budget for the school. McClure suspected they would ask for about $1.2 million more than last year. She reminded the public the borough still needed city representatives to sit on the Seward Bear Creek Flood Service Area Board. City Manager's Report, Assistant City Manager Ron Long stated the City Manager, Vice Mayor, and Harbormaster were currently in Juneau. He and the mayor were there last week and it was nice to see familiar faces and to see what a critical role our lobbyist played. He praised Kent Dawson for his work with the city. There were no purchases approved by the City Manager for between $10,000- 50,000 since the last Council Meeting. Administration was streamlining the City Manager's report. Reports would now be given to council monthly and would continue to include crucial items and smaller department reports. More detailed reports of the everyday goings on and schedules within individual departments would be available on the city website www.cityofseward.us. Long stated the city and the Seward International Friendship Association (SIFA) were seeking applications for the adult and student exchange program with Seward's Sister City in Obihiro, Japan. Deadlines for the student application were February 17, 2012 and deadlines for the adult exchange application were February 24, 2012. For the adult exchange there were travel stipends of up to $1,000 available to help defray travel costs. The Electric Department hired A.J. Turner, an operator /mechanic from Sterling who would assist with the project as well as be the replacement for when one of Seward's two current operator /mechanics retired. In the Harbor, PND Engineers was selected by a panel as the most qualified firm for the Wash - Down and Wastewater Recycling Facility project at SMIC. It was hoped that the engineering contract would be ready for City Council consideration at the February 27, 2012 meeting. The Harbormaster attended the opening of the Anchorage Boat Show on the evening of February 8, 2012. A commercial fishing vessel caused an oil leak on February 6, 2012. The vessel owner responded and reported the leak to the state and Coast Guard. The Coast Guard boarded the vessel and wrote to the owner requiring him to remove the vessel from the harbor. The public meeting on the proposed improvements to SMIC was well attended and a number of valuable comments were received from local mariners. The US Army Corps of Engineers received funding to dredge the Seward Small Boat Harbor. If all went according to plan the work would occur in the fall of 2012. City Council Minutes City of Seward, Alaska Volume 38, Page 768 February 13, 2012 In Public Works, the materials barge shipment for the SMC Dolphin Project was expected to take place on February 28, 2012. The contractor intended to move a 150' barge to the project site the rid week of February 13, 2012. Street crews and water crews had been focusing on snow removal, sanding and mitigating other hazards caused by adverse weather conditions this winter. The snow blower was now working. In the Library, Maureen Callahan was retiring February 29, 2012. The city was currently accepting applications for the open Library position. A professional services contract had been drafted with the Alaska SeaLife Center to utilize their exhibit design expertise in planning the museum. This would go to the City Manager's office for approval and expected first deliverables due to the architects by March 15, 2012. The SeaLife Center had exhibit design and construction expertise and the ability to produce signage. This collaboration should be the beginning of a long relationship between the center and the library museum. The new library museum schedule was implemented the week of February 6, 2012. New hours were Mondays: 11 -6, Tuesdays: Thurs 11 -8, Fridays- Saturdays: 11 -6 and closed Sunday. This new schedule would give staff more time to work together on projects and incorporates additional duties at the museum. Terry had concerns about the City Manager reports and departmental deadlines to get information out. Shafer stated she would like staff to look into a sliding fee scale for the Teen and Youth Center fees, since those were scheduled to increase. She thought there should be more criteria other than a family being on food stamps. Shafer and Valdatta both felt there should be more information brought forward about the status of the animal shelter. Mayoral Report, Mayor David Seaward stated he went to Juneau with Assistant City Manager Long last week for the AML Winter Conference and to meet with Alaska legislators. He was apprised of many energy cost priorities and had material on several related house and senate bills that he would leave in his box for council or the public to review. He observed discussions on paying off unfunded obligations with PERS and TRS, revenue sharing, and transportation upgrades. He met with the Friends of the Jesse Lee Home and on behalf of the community he thanked the Governor for the funding for the Jesse Lee Home, port expansion and education. Seaward also recently attended the Seward Fire Department's annual banquet. Keil stated she was dismayed by Seaward's support for the Jesse Lee Home as it was not one of the state legislative priorities and felt it was contradictory to what the body wanted. Keil reminded the mayor the council voted on this issue. She was disappointed he went against the council direction. She had sent him an email about this same issue prior to his trip to Juneau and reminded him then that he was honor bound. Seaward said as the mayor he was looking at the whole picture. The Jesse Lee Home had $5 million appropriated and he didn't want to lose that. Shafer said this type of action was going against their form of government. She stated he had to follow the will of the body. He was counseled after initially speaking on this and continued to speak and lobby for the Jesse Lee Home which was not on their priority list. If they were a representative government and she wanted to know why he felt he could go beyond that of the wished of the council and the body. People fought and died for this form of government and it was disrespectful to go beyond what the body voted on. Shafer reiterated the Jesse Lee Home was not a City of Seward, Alaska February 13, 2012 City Council Minutes Volume 38, Page 769 City of Seward project. It was a state project and not his responsibility. Because of this action of the mayor, she and Terry would be bringing forward a resolution of censure at the next meeting. Seaward disagreed with Shafer that the lobbyist said not to put the Jesse Lee Honie on the state priority list. Shafer said he needed to promote Seward projects and was dismayed at his lack of interest in educating himself and this position. He was sent to newly elected officials training that he didn't fully attend and he didn't communicate with the City Manager and all of the council. Seward's lobbyist had full awareness of the Jesse Lee Home and reiterated the only way it would work was as a state -wide project. He needed to study what his role and responsibilities were a mayor. Seaward said it was unfortunate they disagreed on the perception of the Jesse Lee Home and it was his opinion that the lobbyist felt differently about it. He felt as the Mayor of Seward, he had to defend that appropriation. Terry said she had been fair and open regarding this project, but she was disappointed council members were going to Juneau and not having an open front there. This confused issues and showed a divided front. Terry felt a resolution of censure may help clarify his roles and responsibilities. It was not their job to justify the Jesse Lee Home project. It needed to move forward with state funding. Keil resented that he claimed council did not support the project, she felt she as a council member was showing due diligence and make sure they were prepared. Seaward asked the body to be fair in this matter. He understood the priorities. He had asked for what the roles of the mayor and the city manager were, and was waiting. Seaward stated he expected the body to fill him in on issues and for them to work together. He apologized if he went overboard. UNFINISHED BUSINESS Items Postponed From A Previous Agenda, Resolution For Public Hearing Resolution 2012 -001, Approving A Land Exchange A 0.56 Acre +/- Portion Of Lot 8A -1 for A 0.56 Acre +/- Portion Of Lot 6A -1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. (Clerks note: Resolution postponed from January 9, 2012 council meeting and again from the January 23, 2012 council meeting. A public hearing was held on January 23, 2012 and council has requested another public hearing be held before consideration. The original motion to approve this resolution was made by Bardarson and seconded by Shafer) Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Leigh Ray represented the Seward Schools Site Based Council as their secretary. Ray summarized the letter she read at the last meeting on this issue. The site based council met to discuss this resolution and stated this exchange involved the city, the school board, and the borough. The site based council would like a well -lit replacement bike path put in to allow continuous access and before removal an alternate bike path with buffer zones. City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page 770 Motion (Bardarson /Shafer) Approve Resolution 2012 -001 (made at the January 9, 2012 meeting) Long said since the last meeting, they did receive the letter from the site based council and had spoken with the school district on the matter. They agreed on the big pictures, but thought they may have different procedural approaches. Long stated the city should work with the borough since that was who the city ultimately would make their agreement with. He had asked for a better opinion on the valuation of both parcels and would request council approved waiving an appraisal since the borough was the agency charged by the state to conduct appraisals. Long asked for another postponement to March 12, 2012 to allow for the school board, borough, and the city to reach a consensus. Terry wanted to know if it made more sense to fail this resolution tonight. Long preferred a substitute resolution at a future meeting. If that was the case, Terry would like to see it included in the packet rather than a lay down version the evening of the meeting. Valdatta said the city needed to get this going. Long agreed, but felt it wouldn't be too late in the year for the improvements. Long felt like they needed to have all groups on the same page. They needed to do an adequate job responding to the public's wishes. Motion to Postpone Passed Unanimous NEW BUSINESS Resolution 2012 -011, Retroactively Amending The 2011 Budget To Record Expenditures Of S540,733.73 Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability. Motion (Shafer /Keil) Approve Resolution 2012 -011 Long stated this was a house keeping measure due to the city and the state having different budget cycles. This expenditure by the state was a pass through and they needed to record it by council action. This resolution got it on the city books to show it met all government accounting standards. Casagranda wondered if there was somewhere in the budget the council could see overall PERS contributions, and it was stated the contributions were noted throughout each department and not as a whole amount. Motion Passed Unanimous Resolution 2012 -014, Authorizing Transfer Of Additional Raw Fish Tax Proceeds In The Amount Of 5234,451.41 To The Harbor Major Repair And Replacement Fund, To Fund Capital Infrastructure Needs. City of Seward, Alaska February 13, 2012 City Council Minutes Volume 38, Page 771 Motion (Keil /Shafer) Approve Resolution 2012 -014 Long stated this was a tracking of money that came to the city's general fund for 2011, which then the general fund transferred the funds to the harbor enterprise fund. This was a look back to the 2011 budget, as funds were delayed to the communities. Regarding the discussion item later on the agenda on capping the fish tax, Long recommended it should be from this point forward. This would be consistent with what council passed last year to move into the harbor maintenance and repair fund, which was still a relatively shallow pool of money with deep expenses coming up. Valdatta said the city budgeted $400,000 for this. It had been 20 years since the city took over the harbor from the state, and wasn't it time for the harbor to ask the state for assistance? Valdatta initially thought the city should take the balance of the proceeds to fix the boardwalk, but then he thought to put it into the hatcheries. He was not in favor of this resolution, and he thought they should keep the original amount budgeted for the harbor with this revenue. Terry supported the resolution and thanked PACAB for looking at this. She stressed the harbor was a major economic engine in the city and the infrastructure should be taken care of. Keil agreed with Terry, and noted this was PACAB's recommendation as well. Long clarified the cruise ship tax went into the harbor enterprise budget, but it was handled and budgeted differently because of its narrow restrictions used. It was suggested in the future the city have two different line items, one for the cruise ship monies and one with actual maintenance and repair funds to be used for the harbor, because it looked like there was a lot of money in the harbor but that was not really the case. Long agreed it would be cleaner. Valdatta said PACAB should look at the fish tax situation more as a community effort, it should be divvied a little more and not just to the harbor. Long said the proceeds were budgeted at $365,000. The city accepted a $3.4 million dollar hole when they accepted ownership of the harbor from the state. Valdatta reiterated the fish tax should go to the community. Long said the city continued to lobby the state and the best they could for the municipal harbor grant fund to show there were still debts to be paid. It wouldn't be an overnight fix, but they were headed in the direction, Long felt. Casagranda noted the city received more than anticipated. The difference was this amount before the council, and restated it was going to the harbor maintenance and repair fund. Long said this was consistent with the 2011 budget when it was approved. Long noted the funds weren't completely locked, they could pay debt if needed, but he didn't think it could be used for general day to day operations. Motion Passed Yes: Terry, Casagranda, Keil, Shafer, Seaward No: Valdatta ' .• • • . ' • • • ... • • , • , • .... • .. • • • City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page 772 ma i (Pulled by Administration) Other New Business Discussed rescinding the authorization of fluoridating city water and give direction if administration should bring forward a resolution for consideration. (Casagranda) Keil wasn't sure if she was ready to bring forward or support such a resolution. There had been an advisory vote of the people on this issue. She would prefer to see it brought forward in a citizen referendum, which would be a binding vote. Shafer liked that it could be a binding vote. Seaward thought a referendum would be fair. Casagranda appreciated Keil's having respect as a body and not going against the wishes of the people, but she felt this was a new council and a new administration. She was open to make this conversation as public as possible, but felt putting it to a referendum would make it a grueling step. If that was the consensus of the council, she would support that. She wanted to see both sides. Terry wanted to know about the engineering study that was supposed to take place and noted it was included in the specifications for the new water tank's request for proposals. Valdatta agreed about the referendum. Casagranda wished for a resolution because it was asking a lot of the citizen's. Shafer said she felt strongly on this issue because the people did vote. Casagranda felt strongly they should not be fluoridating the water. Terry thought a lot of things had happened since that vote, but she also looked at the fact that the people did vote. There were things that still needed to happen before fluoridation could occur. Terry wondered if there should be a work session on this issue. Casagranda didn't want to see money put towards a water tank for fluoridation. She didn't like the current resolution and felt a lot had changed since then. Council scheduled a work session to continue this discussion on February 27, 2012 at 6:00 p.m. Response to the invitation to send up to a nine person delegation to Obihiro, Japan to celebrate their 130 Anniversary in October/November, 2012. After discussion, council directed the City Clerk to send a response of interest. How many people Seward would be sending and how to fund this would be later determined. Discussion on capping the fish tax. (Valdatta) Valdatta said they should put a cap on upcoming fish tax revenues in the future since this one was already agreed upon. Long said currently this was part of the budget each year so he was unclear tad City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page 773 how to make that decision procedurally tonight. Shafer said they perhaps should discuss this when item they had a surplus, since they couldn't designate anything right now. Casagranda thought surpluses could be addressed better in the comprehensive and strategic plans. In response to Seaward, Long said it was better to underestimate than overestimate revenue in certain aspects, and the city tended to err on the conservative side. Discussion on authorizing the City Manager to contact Alaska Interstate Gas to seek proposal to bring natural gas to Seward. (Valdatta) Valdatta said he received a phone call and he was sure staff looked into this and would accept their guidance on the matter. Long said they called the City of Cordova who was working on a natural gas proposal and found they were having difficulty coming to agreement through negotiations. The citizens were in the process of referring the action to bring gas to Cordova on their upcoming election. No proposal had been prepared by Alaska Interstate, but they could solicit one if there was interest by the council. Shafer was concerned because she understood all Seward could get was forced air propane. She would love to hear a proposal if they were shipping liquefied natural gas, but otherwise she was not interested as Seward already had propane. Valdatta said they would have to come in as a turnkey operation and would have to provide the infrastructure. Council directed administration to ask for Alaska Interstate Gas to provide more information. Discussion of contracting out Parking Services which is currently managed by the City of Seward. (Seaward) Seaward felt that the city should look at private contracting. They could either increase government or foster private investment. They would get a greater return if they fostered private investment. Why didn't they give the public a chance to bid on this? Keil didn't object to this idea, but recalled the past contract had problems. There should be information on repair and replacement and maintenance. It was an admirable goal, but she wanted more information to make an informed decision. Council requested staff to bring forward the old contract for review, and look to add infrastructure and maintenance. Terry asked for staff for their recommendations. Staff would bring this back to the council for further review. Discussion on which council member should travel to Washington, D.C. with city administration in March. The City Council designated Vice Mayor Bardarson to represent the City Council on this trip. INFORMATIONAL ITEMS AND REPORTS (No action required) November City Financial Report. December Providence Financial Report. COUNCILS' COMMENTS City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page 774 Shafer thanked Maureen Callahan for her time with the library. She was one of the first people Shafer had met when she moved to Seward. Shafer noted Callahan went above and beyond the call of duty for our community. Casagranda added she and Long attended the Economic Development District Forum in Kenai and there were a lot of opportunities coming to the entire peninsula. Soldotna had an impressive presentation and she liked their informational budget pamphlet they handed out to their public. She also appreciated Callahan and her story hour for Seward's kids. She thanked Lee Poleske for his amazing volunteer work and time. Casagranda complimented Long on his informational flyer for coastal villages. Terry attended the World Trade Center luncheon since council had last met. For the public's information, she and other city representatives carpooled to Anchorage for the event. There was a great presentation of the dire economic outlook and the importance of Alaska's foreign trade partners. She thanked the road crew for their challenging work and extra hours. She solicited the public to keep the comments coming for the planning for the improvements at SMIC. She also thanked Callahan and Poleske for their hard work and effort. Seaward thanked the community and Mr. Long for their efforts in Juneau last week. He appreciated the council coming together and exposing the issue with the Jesse Lee Home. He hoped they could work together and there were no power struggles. Seaward reminded the public he was new to politics. He was looking for help from council and administration and appreciated their concerns. CITIZENS' COMMENTS Lila Hurst thanked the council again for listening to her tonight. She encouraged them to take a look at the shelter so they could see what she saw. Hurst promised each of them she would continue to work endlessly to help with this needed improvements. She was overwhelmed with the disparity of the shelter. Jim Herbert thanked the council for sitting on the dais. Based on the SMIC work shop, they would be asked to make decisions in the future on which alternative to carry forward to the legislature. He complimented Callahan and Poleske. He noted some people in the audience felt positive about fluoride and it did go through the public process and it did go to a vote. Herbert advocated if people felt strongly against that they should go through the public process for clarification. There was a lot of controversy and contention with this issue and a lot of reasoned arguments to be made on both sides. Steve Schafer suggested discussion items that were lengthy should have a work session, such as the discussion this evening regarding Obihiro's invitation. Regarding natural gas, he was appointed by then Mayor Shafer to a committee, and he recalled the proposal was "our money and his brains." It did not work out and fell by the wayside. Resolution 2011 -083 set forth the 2012 state emj legislative priorities. The Friends of the Jesse Lee Home was not included. At the mayor's report in Juneau there was a brief mention of a CDQ project. He asked rhetorically if the mayor was allowed City of Seward, Alaska City Council Minutes February 13, 2012 Volutne 38, Page 775 to set his own legislative priorities. Schafer wanted to know if a resolution had superseded r..► Resolution 2011 -083. When introduced as mayor, that person was bound by rules of procedure and going beyond that constituted malfeasance, Schafer said. The mayor asked Council Member Terry for her personal email for privacy reasons and Schafer asked the council what was private? What conversations has the mayor had with the Friends of the Jesse Lee Home and what constituted a violation of oath of office? He reminded council they had a City Manager form of government. The mayor was a ceremonial head, chaired meetings, and was one vote. He humbly asked the mayor to resign. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Seaward said he did not want to resign and if the people wanted to recall him, they could. ADJOURNMENT The meeting was adjourned at 9:46 p.m. • J hanna Kinney, CMC David Seaward ity Clerk Mayor Imo (City Seal) sot its I II .•` t g OF SF {,/ . e. • • • • i • • O • • '•.,;� OF A ' o•' �408eeeeas•%