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HomeMy WebLinkAbout02272012 City Council Minutes City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 776 CALL TO ORDER The February 27, 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 Jean Bardarson Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Cheryl Brooking, City Attorney Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald said Seward had a "rather peculiar" electorate body in that "in excess of 10% of the electorate is employed by the City of Seward who, in the wintertime is our biggest employer, and those people are not allowed to voice any opinions in a public forum under pain of dismissal." He said that was wrong. He said he was "speaking to the censure measure that was on the agenda for our mayor." He thought it was wrong. He felt that some councilmembers were trying to "hound the Mayor out of office." He believed that term limits, particularly a maximum of two terms, should be enacted. Maya Moriarty thanked council for a healthy discussion regarding fluoridation during the work session. She said that studies time and again indicated that fluoridation was safe. Information about fluoridation was available on Dr. Moriarty's website. She urged council to consider all the options that were provided by the City Clerk. City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 777 APPROVAL OF AGENDA wr Motion (Bardarson /Shafer) Approval of Agenda Shafer requested the discussion regarding the Iditarod Trailblazers' Mayor's Cup Race be deleted from the agenda. Terry requested that the presentation by Chugach Electric be removed from the agenda since they would not be present at the meeting due to inclement weather. Motion Passed Unanimous SPECIAL ORDERS, PRESENTATIONS AND REPORTS The following proclamations were read: Celebrating the 60 Anniversary of First National Bank of Alaska Seward Iditarod Centennial Proclamation Teen Dating Violence Awareness and Prevention Month Proclamation Chamber of Commerce Report, Cindy Clock stated the Chamber had been very busy „,,,, lately. They recently played a role in promoting the "Cash Mob" event to boost revenues at the Liberty Theater. New for the 2012 Halibut Tournament, there would be 20 tagged fish in addition to the top three cash prizes and the daily prize for Fish of the Day that would each be worth $250. The Chamber had begun preliminary conversations with the Coastal Villages Region Fund for vessel support services, and would be visiting them in Seattle on April 12 -13, 2012. The Chamber reserved booth space at each of the three upcoming outdoorsman trade shows in Mat -Su, Anchorage and Fairbanks held in March and April. The 2012 Mount Marathon logo was selected and was in final design phase. The winning artist was a Seward high school student named Michael Marshall. City Manager's Report, City Manager Jim Hunt approved the following purchase for $10,000- 50,000 since the last Council Meeting: Purchase of harbor billing software system in the amount of $20,377.50. He also stated that the Dolphin project at SMC was ahead of schedule and under budget. Carmen Hewitt in Public Works had negotiated with Pacific Pile to have them responsible for the marine observer requirement in the permit, at no extra cost to the project. The Finance Department had been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada, for its comprehensive annual financial report for 2010. This Certificate of Achievement was the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represented a significant accomplishment by a government and its management. This was the 17 consecutive year the finance department had received this award. City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 778 `.. The Council was aware, but the public may not be, that in January, Providence Seward repaid $759,101.34 of the $2,071,323.96 which the City authorized a delay in remittance, related to Seward Mountain Haven. This left an outstanding loan balance of $1.3 million. In addition, Providence Seward received the long- anticipated reimbursement payment from Medicaid in the amount of $443,250 in January, representing a portion of the repayment for investments in Electronic Health Record implementation. Providence Seward recently received excellent survey results after a group of experienced state surveyors spent a week in our hospital and long -term care facilities. The finance department was preparing for the annual audit. Fieldwork would take place April 2 -13, 2012. The finance department completed their review of new general ledger accounting software packages and would be bringing forward a recommendation for Council approval at the end of March. Regarding the Vessel Wash -Down and Wastewater Recycling Facility project at SMIC, PND was selected as the engineering firm. The Harbormaster submitted a newsletter article to the Alaska Marine Dealers after attending the Anchors Away Boat Show. A recreational vessel sank on February 12, 2012 but was re- floated by Storm Chasers without any significant problems. A power pedestal on Z -Float was damaged by a tug boat; the harbor would make repairs and bill the customer. The License Agreement at the fuel dock was executed for another year with a 50% rent increase. The rent had not been raised since at least 1985. Diesel rent was i/2 penny per gallon and would now be 3 /4 penny per gallon. The selection criteria for the Seward Power Plant RFP was: itom 1. Qualifications 25% or 25 points 2. Generation 25% or 25 points 3. Schedule /Application 15% or 15 points 4. Conceptual Design 15% or 15 points 5. Proposal Price 15% or 15 points 6. Deliverables 5% or 5 points Total = 100% or 100 points Keil asked if the harbor billing software would also take care of the electrical billing problems as well. Harbormaster Funk replied that the harbor's electrical billing was done once a month, and the biggest challenge they had was the turn on/shut off of power due to vessel activity. He believed that the bills were fairly straightforward, that the new system would be better because it was supported by Windows, and would result in improved customer service. Bardarson asked if there were any plans in place for Seward's 100 year anniversary of its incorporation (June 1, 1912). Hunt responded that discussions had begun but he didn't have any details to provide as of yet. She also asked if the snow blower was working. Hunt said it was working well, although it was over budget but he would be bringing the amount to council for appropriation. Terry asked Hunt for a report on what caused the power outage on Saturday. Electric Utility Manager John Foutz responded that the outage was caused by a burned cut -out which turned off Safeway and the high school. The issue was resolved very quickly. City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 779 City Attorney's Report, Cheryl Brooking stated her firm had worked on a variety of issues, varti including general matters, land use issues, various harbor and SMIC, electric and utility matters, and they continued to represent the city on the RBCA appeal /litigation. Brooking provided Council and the public with a brief overview of the roles of government and various types of municipal relationships in Seward. Seward was a Home Rule municipality governed by a Charter. All ordinances must be consistent with the Charter. Seward had a Council /Manager form of government. The City Manager was not a political position. The Mayor was the presiding officer, could not make any unilateral decisions without Council, and could call a special meeting or work session. The City Attorney was responsible to review all ordinances. The City Attorney would conduct research only on request of the council, and not by the request of just one individual. The City Clerk held the city seal, was parliamentarian for Council, and was required to attend all council meetings. The City Manager was the administrator for the city, prepared the biennial budget proposals, was responsible for actual revenues and expenditures, and was responsible for all city contracts. Council authorized contracts for up to five years, except for land or unless there needed to be a vote of the people; harbor leases could extend longer than five years. The city was subject to the Open Meetings Act to insure transparency for its citizens. As such, most records were available to the public and the public was entitled to this information. Conflicts of interest by a member of Council should be brought forward by that Councilmember, or any Councilmember; the Mayor ruled whether or not there was a conflict, but that ruling could be overturned by a vote of the body of Council. Shafer asked for clarification about Harbor leases versus other leases. Brooking said the Harbor was treated differently because they were not usually dealing with leases but with moorage agreements. Leases were for real property, and in the Harbor they could go for more than five years. Shafer added that there were tenants with leases in the Harbor that were having a difficult time getting loans against a five -year lease to make real improvements, so this was good news that their leases could potentially be lengthened. Terry appreciated the report and requested that Brooking continue providing this kind of information. Mayoral Report, David Seaward stated on February 16, 2012, he, Vice Mayor Bardarson and Councilmember Shafer met with the Alaska Railroad executives and Usibelli Coal Mine representatives, who said the railroad would be spending about $770,000 for improvements in 2012 to the coal station. Railroad ties would be changed out between Whittier and Seward, and would possibly be made available to citizens. Seaward said he asked the Alaska Railroad president why Seward did not get any percentage of the coal being run through here and the answer he received was that it was run by the state and Seward would have to lobby for a percentage. Seaward said he transferred his job from the slope to Anchorage to be more available for the citizens of Seward. He asked the citizens of Seward to focus on the four priorities that he had for Seward, including: cost of energy, healthcare /Providence, efficient government /outsourcing, and promoting Seward. rrr City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 780 Vice Mayor's Travel Report, Jean Bardarson stated she traveled to Juneau with City Manager Hunt and Harbormaster Funk to meet with various legislators. They discussed Seward's electrical needs, Coastal Villages Region Fund and the need for a new CT Scanner at the hospital. NEW BUSINESS Resolution 2012 -017, Amending The City Of Seward's Calendar Year 2012 State Legislative Priorities. (Clerk's note: there was a laydown version provided and staff recommended that be the version they use). Motion (Shafer/Bardarson) Approve Laydown Version of Resolution 2012 -017 Keil asked if the $4 million increase was for the generators and Hunt said, yes, it would complete the project. Terry asked for additional detail regarding what the $4 million would be paying for. Foutz said they had not had a scope of work completed previously, and now that they had it, it would include building the warehouse on the land that was recently swapped with the Borough and it would complete the ARCTEC. Valdatta asked about the $1.5 million repair and replacement line, and would it be possible for Chugach Electric to bid on that work to bring the cost down? Foutz said this money was set aside to complete the transmission line just south of Levee Road into the substation. Foutz said they had not approached Chugach about doing the work for or with the city. Terry asked why there were other things being deleted when they were previously included, and Foutz said that $4 million request was a greater priority than the other items subsequently removed. As well, this work needed to be completed prior to the other work that would come in the future, which included the $17 million for upgrading the substation. Valdatta asked about the sewer pump station by the Army Recreation Camp in that he thought it was a roving generator for the city. Foutz said the roving generator belonged to the Public Works Department. Motion Passed Unanimous Resolution 2012 -018, Authorizing Principal And Interest Payments Totaling $724,491.30 For The Third Avenue Water Main Loan From The State Of Alaska Department Of Environmental Conservation, And Appropriating $563,106.30 To The 2012 Budget. Motion (Shafer /Bardarson) Approve Resolution 2012 -018 Keil said by way of explanation that the $724,491.30 had been accruing in the Water Department because there was a dispute over the contaminated dirt they found when they were replacing Third Avenue. City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 781 Terry commended administration for the work administration did to accomplish this with the State. Motion Passed Unanimous Resolution 2012 -019, Censuring Mayor Seaward For The Violation In His Duty Of Obedience And Duty Of Loyalty To Faithfully Represent The Public's 2012 City Of Seward State Legislative Priorities As Approved In Resolution 2011 -083. Motion (Keil /Shafer) Approve Resolution 2012 -019 Mayor Seaward handed the gavel to Vice Mayor Bardarson prior to voting, declaring he would be speaking to this Resolution to defend himself, but would not be voting as that would be a conflict of interest. Terry asked the City Attorney why the Mayor would not be allowed to vote on this Resolution. Brooking replied that the Mayor had a particular conflict of interest in the matter; however, he had due process rights which allowed him to take part in the discussion. Seaward said he left the newly - elected officials training in Fairbanks 2 -3 hours early and skipped the "mock mayor meeting ". He said he felt he didn't miss anything because of his experience he had previously accrued by watching the proceedings handled by former Mayor Dunham. He said Councilmember Shafer was remiss in including the $5 million for the Jesse Lee Hoene when she published the priorities in her paper. Terry supported this resolution, and requested they remove the merits of the Jesse Lee Home itself out of this discussion. Her concern was in not circumventing the public process. She stressed that council was there to represent the voice of the citizens, and it was necessary for council to carry the voice of the people, regardless of their personal opinions. She wished that once this resolution was passed, the council and the citizens would move forward to better our community. Shafer also supported the Resolution, but also wanted to get beyond it. She was concerned for the success of other major projects in the city and that this issue should not be a distraction. She further clarified that the Friends of the Jesse Lee Home was a private, non - profit entity that was completely separate from the City. Motion to Amend (Keil /Bardarson) Amend Resolution 2012 -019, striking section 2, "Funds totaling twenty -five (25) percent of Mayor Seaward's travel and subsistence to the Mayor's Conference in Juneau February 6 -9, 2012, will be billed to the Friends of the Jesse Lee Home, and when received, deposited into the General Fund (101) Mayor and Council (1110) Travel /Subsistence Account (5140)." City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 782 Keil explained that because she felt they had no right, evidence or back -up to prove that the mayor was asked by the Friends of the Jesse Lee Home to speak on their behalf. She added that according to the terms of the grant, Article 27, the Friends of the Jesse Lee Home could not use state funds to lobby the Alaska State Legislature. Motion To Amend Passed Unanimous Motion to Amend (Keil/Terry) Amend Resolution 2012 -019, striking the language "Due to Mayor Seaward's inexperience" from Section 3. Keil read from emails she had sent to the Mayor prior to his trip to Juneau in which she stated her concern about the Mayor's judgment when attending Juneau and lobbying for items that were not on Seward's state priorities list. Motion To Amend Passed Yes: Keil, Shafer, Terry, Bardarson No: Valdatta, Casagranda Main Motion Passed Unanimous ism OTHER NEW BUSINESS Discussion on Seward City Code 8.10.020 — Uninvited Door -to -Door Soliciting on Residential Property. Long said he was working with the City Attorney on drafting a new ordinance. Council gave Long direction to bring forward an ordinance. Discussion on Teen and Youth Center Fees. Terry asked for a ruling on a possible conflict of interest because she had three children involved with the Teen & Youth Center (TYC), and the impact could represent approximately a $3,000 matter for her family. Mayor Seaward ruled there was a conflict of interest and Councilmember Terry left the dais. Bardarson objected to the Mayor's ruling and called for a vote by Council. Motion (Bardarson /Shafer) Overturn the Mayor's Conflict of Interest Ruling City Clerk Johanna Kinney stated that Council could vote to overturn this ruling, however Councilmember Terry would not vote, according to procedure. Motion To Overturn Ruling Passed Unanimous • City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 783 Councilmember Terry returned to the dais and participated in the discussion. Parks and Recreation Director Karin Sturdy had a parent meeting the previous week. She talked with the parents about the possibility of using Denali Kid Care as part of the sliding scale fee structure. They brought away from the parents' meeting several items to follow up and research on, including food stamps, Denali Kid Card, and WIC. They would also be calculating the subsidy rates for summer day camp versus adventure camp. Upon completion of her research, she would bring back a resolution for council. Shafer said she liked the Denali Kid Care option to be explored, but she had heard from parents who didn't feel trips to Anchorage were necessary. She wanted to see a resolution brought forward. Seaward asked if there were any other entities in town that could help offset the costs for children to attend camp. Sturdy said there was a Youth Scholarship Fund that accepted contributions made by citizens and businesses, but they never had enough money to fulfill every scholarship application. Sturdy said the youth scholarship fund was run by TYC employee Josie Ronne. Keil expressed concerns about making overnight trips with children and making long road trips, from a liability standpoint. She said if the parents had expressed their own concern over the matter, she would also support dropping some of those trips in lieu of having more activities held locally. Casagranda asked why the rates were being raised overall. Sturdy said she had been tasked with being more profitable and incurring less expenses. She said the TYC had gone for several years without having any rate increases. Council gave direction for Administration to bring forward a resolution. Discussion on the regulation and implementation of city dumpsters. (Casagranda) Casagranda said she was aware that the city incurred an extra cost from citizens using city dumpsters for their own personal trash. She asked if Shafer could write an article in her newspaper to raise citizen awareness on the costs. Hunt believed this represented an education problem. He suggested that the dumpsters be clearly marked with signs saying the dumpsters belonged to the City of Seward, and include reference to the city code. Seaward asked if the harbor dumpsters could be beautified, perhaps by enclosing the dumpsters. Deputy Harbormaster Norm Regis said the people who paid for the dumpsters were the far3 people who paid moorage fees. City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 78d Council gave direction to Administration to have signs hung and communicate to the citizens what the rules were. Council scheduled a joint work session with the Planning and Zoning Commission, Port and Commerce Advisory Board, and the Historic Preservation Commission to go over 2012 priorities for March 28, 2012 at 6:00 -9:00 p.m. for P &Z, PACAB then HP, respectively, for one hour each. INFORMATIONAL ITEMS AND REPORTS (No action required) City's letter to the Department of Natural Resources Permit for the Alaskan Wet Dog Race. COUNCILS' COMMENTS Keil had asked for the Teen Dating Violence Proclamation to be on the agenda tonight because of her concern for teenagers getting the wrong messages about what was acceptable dating behavior. Shafer said she had a lot of sympathy for Public Works, and thanked them for their hard work this winter. Valdatta thanked the Mayor for bringing up the Alaska Railroad costs with their 1r• representatives when they were in town. Terry thanked the public for attending the work session earlier that evening. The Seahawks girls' and boys' basketball regional games were in Anchorage this weekend. She gave thanks to the Harbor and the Port and Commerce Advisory Board for making sure the moorage rates were fair for the slip holders in the harbor. Seaward reiterated his four priorities for the city again: cost of energy, healthcare /Providence, efficient government /outsourcing, and promoting Seward. CITIZENS' COMMENTS Sue McClure said Casagranda asked her to ask the Borough for an extra dumpster to be placed on Levee Road. She also suggested that a sign be put up on the end of Levee Road to identify the location. The fence at the dump, when it's closed, had a dumpster on the inside of the gate which was inaccessible to residents. Possibly this could be put on the outside of the fence. She added that the National Ocean Science Bowl would be held at the High School this weekend, and the dates were wrong on the school flashing sign showing the following weekend. Bardarson added that this was a state -wide event. Tim McDonald said he was disappointed that no one rescinded the six -month travel restriction on the mayor's censure. He was happy to see the vice mayor object to Terry's conflict of interest earlier. Regarding the garbage service, every resident of the city paid for garbage whether City of Seward, Alaska City Council Minutes February 27, 2012 Volume 38, Page 785 they used it or not; he wanted Council to come up with positive solutions. He asked where Seward's recycling program was and he wanted Council to come up with solutions. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta mentioned there were a couple of recycling stations in town. Keil clarified the agenda stated Citizens' Comments were restricted to five minutes per individual and each individual had one opportunity to speak. EXECUTIVE SESSION Motion (Terry /Keil) Go into Executive Session to discuss and review City Attorney evaluations. The City Attorney was asked to be present for this executive session. Motion Passed Unanimous Council went into executive session at 9:05 p.m. Council came out of executive session at 9:18 p.m. ADJOURNMENT ..r The meeting was adjourned at 9:18 p.m. Joh nna Kinney, CMC Da 'id Seaward Clerk Mayor t at (City Seal) F tr M1 'y Itts 1 . M m �� ®° Of e6��