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HomeMy WebLinkAbout06252012 City Council Minutes City of Seward, Alaska City Council Minuses June 25, 2012 Volume 38, Page 842 CALL TO ORDER iftur The June 25, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — Marianna Keil CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bixler McClure addressed council on his interest in joining the Planning and Zoning Commission. He was a fifth generation Sewardite, although he had just recently moved back to Seward. He had a background in Earth Sciences and Geography and had taken classes in surveying, and planning and zoning. He hoped council would consider him for the commission. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda Councilmember Shafer added Resolution 2012 -047 to the consent agenda to allow fireworks on July 4, 2012. Councilmember Terry removed Resolution 2012 -042 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: City Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 843 Approved the June 11, 2012 City Council Regular Meeting Minutes. rrw Appointed Bixler McClure to the Seward Planning and Zoning Commission, with a term to expire February, 2015, and Martha Fleming to the Seward Planning and Zoning Commission with a term to expire February, 2014. There was a non - objection to the Beverage Dispensary Liquor License transfer of ownership from Chinook's Waterfront to Aqua Pesca, LLC #4617, and approval of the Restaurant Designation Permit for Chinook's Waterfront. Resolution 2012 -043, Accepting Grant Funds In The Amount Of $25,000.00 From The State Of Alaska Designative Legislative Grant Fund To Extend A Boardwalk From The End Of The Holiday Inn Express Hotel Boardwalk To Port Avenue, And Appropriating Funds. Resolution 2012 -044 Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For Forty -Eight Thousand And Five Hundred Dollars ($48,500.00). Resolution 2012 -045, Accepting Grant Funds From ALPAR And The Kenai Peninsula Borough For A Parks And Recreation Litter Patrol, And Appropriating Funds. Resolution 2012 -047, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2012 Independence Day Festivities. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Marie Gage was presented with a Community Service Award and a proclamation for her outstanding dedication, volunteerism and tireless commitment to the community. Tessa Adelmann was presented with a Certificate of Accomplishment for her Track & Field athletic accomplishments. Monica Hinders was presented with a plaque for her leadership and dedicated service on the Historic Preservation Commission from June 2009 through May 2012. Chamber Of Commerce Report, Cindy Clock stated the Halibut Tournament was ending soon and there had been a good showing of local names on the leaderboard. Ticket sales were just under $12,000, but more was still to be collected. The Mt. Marathon Race Committee was seeking traffic control volunteers. The festival would be held for two days this year. There were 17 new Chamber members year -to -date. The Pacific Marine Expo would be held after Thanksgiving this year. For the upcoming 57 Silver Salmon Derby, the Seward Ad Hoc Incorporation Centennial Committee was sponsoring an additional prize of $100 for the 100 heaviest Coho caught. City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 844 City Manager's Report, Jim Hunt stated the following expenditures for between $10,000 and $50,000 had been approved by the City Manager since the last council meeting included $11,852.40 for tires for Volvo L90 Loader, and $11,700 for Cline & Associates for re- platting the properties affiliated with Dieckgraeff Road. At the Harbor, the Coast Guard advised the city that their construction would begin on June 25, 2012, and the completion date was unknown. The Strategy Report on Home Porting CDQ Vessels in Seward were completed and printed today. The U.S. Army Corps of Engineers reviewed the dredging bids and was expected to award a contract soon. CRW was the successful bidder on the Dairy Hill Drainage FEMA Mitigation Grant Engineering. A Coastal Villages meeting held June 13, 2012 had good attendance, and included: Bardarson, Long, Hunt, Trevor McCabe (Chief Operating Officer, Coastal Villages), Neil Rodriguez (Community Benefits Director, Coastal Villages), Richard Jung (Vice President, Coastal Villages). Ted Leonard (Executive Director, AIDEA) and James Hemsath (Deputy Director, AIDEA). Harbormaster Mack Funk stated the Harbor was working on getting Coastal Villages on the wait list for slips. Hunt was currently working through the city attorney with an anonymous donor who wanted to donate two downtown properties to the city. Seward's Providence Medical Center was awarded $37,500 for the renovation/remodeling of a psychiatric holding room within the emergency room area. Shafer requested a report from Hunt at the next council meeting from the Electric Department on what infrastructure would be repaired this summer. In response to Valdatta, Hunt said he had been 10. working with OSHA to consider options for installing an improved ventilation system or paint booth inside a city shop to isolate paint fumes. Assistant City Manager Ron Long stated that Michelle Blackwell from Murkowski's Kenai office said they would be at the Post Office tomorrow, June 26, 2012, to talk with citizens but did not set anything up with city officials. Terry asked Hunt for clarification on the U.S. Army Corps of Engineers dredging contract, specifically as it related to subcontracting out to a third party to perform the work; wouldn't the city require a contract or a management and operating agreement, and wouldn't any amendments be required to come before council? Brooking responded that she had a meeting set up with Hunt tomorrow to discuss contractual requirements. Seaward asked for a status on the ventilation system at the animal shelter. Hunt said he had authorized the purchase of fans and he would follow up. City Attorney's Report, Cheryl Brooking stated for the period of May 21, 2012 through June 20, 2012 she provided advice on resolutions and ordinances to council, personnel matters, contracts, public records requests, administrative and employment matters, land use, and subdivision and platting issues. Regarding the Tract B litigation, paperwork was filed in court and the case had been dismissed. She continued to work with the Harbor and continued to monitor RBCA litigation. For the Utilities Department, she worked with Administration on utility and easement questions, as well as employment and contract matters. In response to Seaward, Brooking said the RBCA letter was finalized on April 23, 2012, but she was not responsible for releasing it to the public. Mayoral Report, David Seaward stated he did not have any report, he offered to give his time to the former Mayor Dunham for his recent travel to Korea. Terry stated she was disappointed with recent articles published in the Seward Phoenix Log in which the mayor was interviewed. City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 845 Shafer added that when there appeared to be dissention on a council, it was not just a local issue and it vibrated around the state. It looked like the community was not functioning well as a whole with common goals. Seaward thanked them for their comments, and reminded council that he would continue to exercise his First Amendment rights, and that he was censured and didn't agree with the premise of the censure. Other Reports, Announcements and Presentations A travel report was given by Willard Dunham, Seward's Ambassador to the 2012 World Expo in Yeosu, Korea. He thanked the city for choosing him to represent Seward as its Ambassador. He visited the Pacific Division of the U.S. Army Corps of Engineers in Seoul, Korea and discussed funding, moving the military base out of Seoul to 50 miles south, and potential military staffing downgrades. He met with InJae Kim, Vice President for Usibelli Coal in South Korea and Japan, and a former Seward resident. He was able to meet international delegates from Spain, Russia, Mexico, Trinidad and Japan. He requested authorization from council to use his travel report and photographs to continue promoting Seward. PUBLIC HEARINGS Non -Code Ordinance 2012 -006 Submitting A Proposition To The Qualified Voters At The October 2, 2012 Regular Municipal Election To Establish Local Forms And Guidelines For Financial Disclosure For Elected And Appointed Officials And Exempting Elected And Appointed Officials From The State Of Alaska Public Official Financial Disclosure Law aid (Alaska Statute 39.50). 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. Long clarified that the intent of this measure was to continue to provide public disclosure of elected and appointed officials. The city was not abandoning the disclosure laws, but establishing their own and, in turn, opting out of the state forms. Motion (Bardarson /Shafer) Enact Non -Code Ordinance 2012 -006 Shafer wanted to make it clear to the public that the form the city intended to adopt was a previously published APOC form. Bardarson wanted this clarifying language included in the ballot language. Motion to Amend (Shafer /Bardarson) Amend Non -Code Ordinance 2012 -006 To Change All Incidents Of The Phrase "Substantially Similar To" To "Substantially The Same As ". Motion To Amend Passed Amendment Enacted Yes: Bardarson, Valdatta, Shafer, +rw Casagranda, Seaward No: Terry City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 846 Main Motion Passed Unanimous Resolution 2012 -041, Granting Approval And Recommending Kenai Peninsula Borough Approval Of The Fort Raymond Subdivision Replat No. 3; To Facilitate The Land Exchange Between The City And The Kenai Peninsula Borough As Supported By City Council Resolution 2012 -01; Located To The South Of Sea Lion Avenue. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Long said this was a continuation of the process to swap the land between the city and borough that was brought forward previously. The platting and survey work had already been completed. Lynn Hohl, School Board Borough Representative, asked council to consider how the situation had changed since the U.S. Air Force Recreation Camp was turning their land back over to the City of Seward. There was a half -acre of land involved, which acted as a buffer between the Elementary School and the city's "industrial area ". It didn't seem like a lot of land, but it was the closest wooded parcel south of the school. If this property was to be developed as a warehouse and parking lot, she asked council to consider the safety of the children, since additional city personnel traffic would only add to the already heavy school traffic. She asked council and administration to consider all potential options for the use of that land, and added that the plat approval process, per Kenai Peninsula Borough code, stated that the city would have a year to decide and could request extensions. The rules were suspended by unanimous consent to allow for questions and answers with Lynn Hohl. Casagranda asked Hohl to elaborate on the Habitat Grant the school board had just received. Hohl said they hadn't received the grant yet, but the intent was to create outdoor learning environments as an extension of the classroom. Hohl also clarified that the parcel referred to in this resolution was actually south of the school's driveway, not the actual road called Sea Lion Avenue. Hunt said at this point the city had no guarantees with the from the U.S. Air Force Recreation Camp as to if or when the property would be going back to the city, and in what condition it would be. He added that any increase in traffic would be minimal and would not endanger the school children. Long said the council's decision to not include administrative offices inside the new generator warehouse would ensure that traffic would be kept at virtually the same level it was today. The public hearing was closed. Motion (Bardarson /Shafer) Approve Resolution 2012 -041 Casagranda reiterated the importance of the city being aware of the impact the Habitat Grant would have on the school, which would result in the school receiving up to $25,000 to create a campus -type feel for the schools. Her main concern was that there would be some sort of protection or preservation of the big old spruce trees on that property to continue acting as a natural buffer. City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 847 Valdatta thought that a design and plan had already been vetted and approved between the school and the city. Hunt added that the borough had shown support for that as well. Long said because he didn't have a specific plan yet for the building of the warehouse facility, he couldn't say what trees may or may not be affected, but they would try to preserve as much as possible. Shafer reminded council that this resolution was strictly for getting approval for the land swap platting. Terry supported this resolution and would work with administration on the design to save some of the habitat for the schools. She was more concerned about the school traffic, and said the problem was more with the school's driveway and parking lot configuration, not with the road. She wanted the school to take a look at the issue of childrens' safety. Casagranda noted that historically the schools had asked the city to build and maintain a natural buffer. Motion Passed Unanimous Recessed at 8:31 p.m. Resumed at 8:44 p.m. UNFINISHED BUSINESS 9 Resolution 2012 -038, Authorizing The City Manager To Enter Into An Extension Of The Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As Lots 1- A And 3, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center, Seward Ship's Drydock Replat, According To Plat 2002 -22, Seward Recording District, Third Judicial District, State Of Alaska. Reconsideration of this Resolution was filed by Councilmember Casagranda on June 11, 2012. Motion To Reconsider (Casagranda /Seaward) Reconsider Resolution 2012 -038 Casagranda wanted this resolution reconsidered to allow for more discussion on the research she had conducted. Valdatta asked if the issue was related to the cathodic coatings on the pilings, and Casagranda said her concerns related strictly to the lease. Hunt said the issue was verifying the bills and receipts that Seward Ship's Drydock had submitted to the city for consideration for lease credits. In response to Seaward's question, Brooking said Seward Ship's Drydock had the option to extend their lease provided certain dollar amounts were spent on improving the leased land or the ship lift facility. The documentation presented by Seward Ship's Drydock to the city indicates that a certain amount of work was done, but according to Article 2 of the lease, the documentation that was submitted did not technically meet those requirements, so it was up to council to decide if the documentation provided was satisfactory or not. In response to Seaward's inquiry regarding the city's liability for contamination on the property, Brooking clarified that Seward Ship's Drydock (SSDD) had an environmental insurance City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 848 policy in place that indemnified the city of responsibility. As well, the Department of Environmental blow Conservation (DEC) had four outstanding violation notices against SSDD, but the resolution of those violations was between the DEC and SSDD and the city was not involved. Terry asked if the city had waived any of its rights relating to the resolution of the DEC violations against SSDD and Brooking said no. Casagranda wondered what the city's ongoing liability was for these violations and Brooking said the city is always potentially liable because the city owned the land, but the DEC was not currently looking at the city. Shafer said the city was not responsible for enforcing environmental concerns, that was for the state and federal government to do. However, the city was always notified by the DEC of any infractions, corrections, etc. that may occur on city -owned property. Casagranda's concern was that by extending the lease for SSDD, it appeared the city acknowledged the violations but didn't take proper action to resolve the issues. Long said the city's position would be to always actively pursue the resolution of any violations or infractions. Casagranda remained concerned that she had not received satisfactory explanations to her questions, particularly pertaining to Article 2, Section 2.04, Number 2 of the SSDD lease. Motion To Reconsider Failed Yes: Casagranda, Valdatta, Seaward No: Shafer, Terry, Bardarson NEW BUSINESS Resolution 2012 -042 Establishing Local Financial Disclosure Guidelines For Appointed And Elected Officials And Approving The City Of Seward Financial Disclosure Form Upon Voter Approval And Passage Of Proposition #1 At The October 2, 2012 Municipal Election. Motion (Bardarson /Shafer) Approve Resolution 2012 -042 Motion Passed Unanimous Resolution 2012 -046 Authorizing Change Order No. 1 To Contract C -11 -076 With Northern Geotechnical Engineering, Inc., For Special Materials Testing, Structural Steel Non - Destructive Weld Testing, And Per Diem During The Construction Of The Seward Community Library /Museum, And Appropriating $11,415. Motion (Bardarson /Shafer) Approve Resolution 2012 -046 Long said this company was also known as Terra Firma, and they were doing oversight and technical evaluation and testing, concrete pours, and observing and witnessing welds. This change order was precipitated from the original contract for $22,000, in that a better structural outcome would be realized if welds were used instead of bolts. Welds required witnessing and testing. This cost would represent approximately 11% of the $100,000 contingency budget already established by council. Terry asked if there were any cost savings resulting from welding rather than using bolts and Long said the $11,415 represented the net cost change. Motion Passed Unanimous City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 849 OTHER NEW BUSINESS Discussed supporting the Coastal Management Initiative and sending a letter of support. Council scheduled a work session to discuss the Coastal Management Initiative for July 9, 2012 at 6:00 p.m. INFORMATIONAL ITEMS AND REPORTS (No Action Required) COUNCILS' COMMENTS Bardarson thanked Bixler McClure and Martha Fleming for stepping up to the Planning and Zoning Commission. Senator Cathy Giessel would be at the Breeze Inn from 5:00 -7:00 p.m. on Thursday, June 28, 2012. Senator Lisa Murkowski's staff would be at the Post Office tomorrow. She wished everyone a fun -filled and safe Fourth ofJuly and thanked all the volunteers and the Chamber of Commerce for organizing the festivities. Shafer thanked Bixler McClure and Martha Fleming for joining the Planning and Zoning Commission. She thanked Marie Gage, who had devoted endless hours to our community, and she was the most deserving and giving person Shafer knew. She wished everyone a happy Fourth ofJuly. Casagranda said the sidewalk wasn't swept in some areas around town, particularly where the bus stops were located. Words could not express enough thanks for Marie Gage for all of the rid work she did for the community. She was not in support for renewing the SSDD lease and had voted in favor of it originally only so she could bring it back for reconsideration. Terry wished everyone a safe Fourth of July, and good luck to the Mt. Marathon runners. She hoped all the local businesses would have a stellar day. AVTEC had the grand opening of their windmill and the State Labor Commissioner came for it. She reiterated that any documents that were provided to council were also available to the public via a public records request, with few exceptions. Hunt echoed the sentiments about the volunteers in our community and well- wishes for the Fourth ofJuly. The Alaska Department of Transportation was in town today sweeping, trimming and cleaning up, and it was good thing to see. Long said the dinner cruise fundraiser for the Library /Museum was nice and well attended, and there would be another dinner cruise held on July 3, 2012 to support the Seward Mariner's Memorial. He wished everyone a great holiday. Seaward thanked everyone for being here, and Martha Fleming and GCI for their work on broadcasting the meeting. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes June 25, 2012 Volume 38, Page 850 McClure clarified that she passed around a petition to put the Coastal Management Initiative on the ballot. She had spent hours reading the information about that initiative and still felt like she needed to do more research to understand it. Also, she had attended a presentation about invasive weeds and a "smack down" would be held on Saturday, June 30, 2012 to pull invasive weeds (Bird Vetch) at the middle school. Hohl gave an impromptu school board report. She thanked the voters for passing the bond proposition that resulted in the schools getting new roofs. The high school shop was being expanded to add another bay. The high school did not get selected for the Biomass Proposal, but were encouraged to resubmit. The school board approved changes to the Kenai Peninsula Student Activities Association (KPSAA) Handbook, including instituting a three -year term for the Parent Representative. The overall strategic plan for the borough had been endorsed. She would take the idea of creating a turnaround in the elementary school parking lot to the site council. As well, she wanted to acknowledge Marie Gage for teaching babysitting classes on evacuating buildings and safety, and she offered her services to council on Resolution 2012 -043 to ensure that the Holiday Inn boardwalk was handicap accessible. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Bardarson clarified that Resolution 2012 -043 was only accepting the money, and had nothing to do with design. Casagranda hoped McClure could attend the work session on July 9, 2012 for the Coastal Management Initiative. Terry asked Hunt to ensure that ADA accessibility was addressed when he approached awarding the contract for the boardwalk. Hunt agreed. fir.. City of Seward, Alaska City Council Minutes .June 25, 2012 Volume 38, Page 851 ADJOURNMENT avail The meeting was adjourned at 9:30 p.m. j ann a Kin CMC Davi eaward y Clerk Mayor (City Seal) kb o 0 Scj a1 ;"' • a ® A St i i I Is S PajLj { tta-- • 4 ' #. 4: r E O ` F oP •` ° 4 Mai