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HomeMy WebLinkAbout02252013 City Council Minutes City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 81 CALL TO ORDER il.. The February 25, 2013 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 Marianna Keil comprising a quorum of the Council; and Ron Long, Assistant /Acting City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda Ordinances 2013 -002 and 2013 -003 were moved from the agenda section titled "Ordinances for Public Hearing and Enactment" to "NEW BUSINESS — Ordinances for Introduction" to correct an error in the agenda. Council Member Terry pulled Resolution 2013 -014 off the consent agenda for discussion. Council member Casagranda pulled the introduction Ordinance 2013 -003 from the consent agenda. The following items were added under "Other New Business ": Schedule a work session to continue discussion of mid -year budget priorities, and reschedule the work session to review of the 2012 International Codes. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 82 Motion Passed Unanimous The clerk read the following approved consent agenda items: There was no objection to the liquor license renewal for the Yukon Bar. Council appointed Dale Butts and Sandie Roach' to the Planning and Zoning Commission, with terms expiring February 2016. Ordinance 2013 -002, Amending The Seward City Code Relating To The Regulation Of Door - To -Door Solicitors On Residential Property. (This Ordinance was introduced and set, for public hearing and enactment on March 11, 2013) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Chamber of Commerce Report, Cindy Clock thanked Christi Bell and Laszlo Kozman for their presentation on the Seward Economic Growth Plan at tonight's work session. The Chamber was working on parade efforts for the upcoming year and explained the process for volunteer signups. They were also working with schools, the Boys and Girls Club, and the Teen and Youth Center to organize Lemonade Day on May 11, 2013. Seward High School's Regional Basketball Tournament was March 7, 8, and 9, 2013 in Seward and the event was expected to draw a lot of out - of -town guests. The Spring Break -Up Festival was March 15 -17, 2013. Jocylyn O'Connor would speak at the March 1, 2013 Chamber Luncheon, and former Governor Bill Sheffield would be the speaker at the March 15, 2013 Luncheon. On behalf of the Chamber, Clock apologized to Mayor Seaward for the Chamber President's recent comments about him getting on the bus, which meant being a part of the team to advance and progress the community, and nothing more was implied by that comment. City Manager's Report, Acting City Manager Ron Long stated a purchase order for $15,700 was issued for necessary controller upgrades at the Ft. Raymond Substation. The city had been officially awarded $620,656 from the Exxon Valdez Oil Spill Trustee Council to construct the Vessel Wash -Down Pad at the Seward Marine Industrial Center (SMIC). Council would be asked to accept the grant at the March 11, 2013 meeting. An amendment to the engineering contract for the wash down pad with PND Engineers in the amount of $10,160 was approved by administration. Construction bids were currently being solicited and the bid opening date would be March 21, 2013 at 3:30 p.m. Maintenance work on the Coastal Villages barge the Annie K was completed and she was returned to the Small Boat Harbor. The city's insurance carrier accepted responsibility for repair of the damaged fender pilings at the shiplift pier. An engineer had been hired to manage the project and construction bids were currently under evaluation. The harbor staff sent Notice of Impoundment letters to six vessel owners this week. Any account balances not paid in full within twenty (20) days would result in the boats being put up for public auction. The harbor staff was currently offering City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 83 reserved slips to customers on the wait lists. imp A Request for Proposals for architectural and engineering services for the harbor restroom improvements was publicly noticed and advertised, and were due by Wednesday, March 6, 2013. Long announced the scoring criteria: • Statement of Qualifications: 30 points (5 = Experience In Seward and /or Alaska With Public Building Remodel Projects, 5 = Years In Business, Number Of Jobs, 15 = Experience Designing Similar Restroom Projects, 5 = Plan For Permitting) • Cost: 30 points (30 = Project Budget Compared To Proposed Cost Of Services) • Organizational Structure: 15 points (5 = Describe Previous Lawsuits Involving The City Of Seward [Including Judgments, Settlements, Or Liquidated Damages Arising From Previous Engineering Contracts] And ANY Other Legal Conflicts During The Past 5 Years With All Clients, 10 = Describe The Approach To Achieve The Most Cost Efficient Project) • References: 15 points (5 = Provide Comprehensive List Of Local Government Customers Over The Past 5 Years And At Least 2 References With Contact Information, 10 = Phone Call To References By City Of Seward To Ask These Specific Questions: Compliance with guidance and /or changing requirements? Responsiveness to communications? Completion on time and within budget? Quality and timeliness of plans and specifications? Accuracy and quality of billing and accounting information ?) • Clarity of Proposal: 10 points (2 = Deliverables, 2 = Approach to the Project, 2 = Timeline, 2 = Permitting, 2 = Documentation) The City of Seward and the Seward International Friendship Association (SIFA) were still seeking up to four Seward high school students who wanted to participate in the 40` annual student exchange this summer with our Sister City of Obihiro, Japan. Long gave a recap of the recent visit to Juneau by he and City Manager Hunt, which included meetings with other legislators February 12- 13, 2013. They also met with DCCED Commissioner Susan Bell about being prepared for SMIC development. It was recommended the city meet with the Department of Labor Commissioner as well to progress cooperative development with agencies on the city and state level. Long would be in Juneau on February 27, 2013 to host a reception to show the potential of the SMIC expansion project to representatives in Juneau. Many Seward businesses were instrumental in funding this reception. City Attorney's Report, Cheryl Brooking stated for the period from the end of December, 2012 to March 19, 2013, the firm continued to provide advice on various ordinances and resolutions, addressed questions on personnel matters, contract matters, and open meetings act inquiries. They further accomplished tasks to Gillespie settlement and reviewed /drafted potential proposals of land conveyance of the Jesse Lee Home. The attorney worked with the harbor on leases, vessel impoundment procedures, as well as procurement and contract requirements. They also worked with the Electric Department on interconnect ordinance changes, various labor employment and utility matters. Brooking apologized for the lack of specificity, but it was due to the attorney - client confidential relationship that she could not elaborate more. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 84 Mayoral Report, David Seaward thanked everyone for attending and GCI for broadcasting tonight's meeting. On February 12, 2013, Seaward was invited to the volunteer appreciation lunch at aid Senior Center. He met with Kenai Peninsula Borough Mayor Navarre on February 13, 2013 in Seward and attended the Boys and Girls Club Youth of the Year Awards Ceremony on February 22, 2013. He thanked Christi Bell and Laszlo Kozman for the work session presentation tonight and for their presentation at the regular meeting this evening. Other Reports, Announcements and Presentations A Seward Economic Development Plan Update was given by Laszlo Kozmon of Strategy - Nets on behalf of the Seward Chamber of Commerce. PUBLIC HEARINGS — None NEW BUSINESS Ordinances for Introduction Ordinance 2013 -003, Amending The Zoning Designation Of A Small Portion, Approximately Three - Fourth (3/4) Of An Acre, Of City Owned Land Located Within Tract G Of The Water Front Park Boundary From Harbor Commercial Zoning (HC) To Park (P) Zoning District. Motion (Casagranda/Keil) Introduce Ordinance 2013 -003 Long stated this Ordinance was for introduction only tonight. It was for a small portion of land located in by the new harbor uplands. Planning and Zoning Commission supported this. Casagranda pulled this from the consent agenda because she thought this prohibited the development of business, as the public comment in their packet read. Valdatta felt there was nothing that could be done commercially with this land, RVs currently were parked there. Long said the land in question was currently zoned Harbor Commercial. Terry added the lot was basically split zoned. Valdatta said his point was the city could profit more from campers. Shafer agreed with Casagranda that she was less inclined to create more park lands. Bardarson wondered where the push to rezeone this came from. Long said it appeared the process was set in motion by the Planning and Zoning Commission over a year ago guided by the Waterfront Development Plan. Bardarson also had concerns with tying this up to Park zoned land prematurely. Terry said this was not a separate lot. Split zoning was not ideal to have, so maybe this was just to clean it up. Keil noted once something became Park, it was very difficult to change it in the future. City of Seward, Alaska City Council Minutes February 25, 2013 Volu,ne 39, Page 85 Brooking said the whole Waterfront Park area was designated Park unofficially after the j 1964 earthquake. She believed the intent was to not let homes and businesses be built in a fairly high risk area and also to avoid split zoning. Shafer was concerned because they had not talked about the new land at this point, so she was concerned with making this decision hastily. The land could have potential development for commercial businesses. Motion (Keil /Terry) Postpone Introduction of Ordinance 2013- 003 to the April 8, 2013 Meeting. Motion to Postpone Passed Unanimous Consent Resolution 2013 -014, Authorizing The City Manager To Submit A New Access Point Grant Application For Federal Funding To Establish A Community Health Center To Serve The Seward Community. Motion (Terry /Shafer) Approve Resolution 2013 -014 Bardarson and Keil both stated they were members on the Community Health Center (CHC) board and that they received no compensation with their membership. Seaward asked for clarification on this board. Brooking said this was a co- applicant process where the city and non - `,,,� profit organization would be applying for the funding. Brooking said a conflict would apply if it was financial or under common law duties, duty of loyalty, obedience and care. Seaward ruled a conflict of interest existed. Motion (Shafer /Terry) Objection to the Mayor's Conflict of Interest Ruling of Council Member Bardarson and Keil for Resolution 2013- 014. City Clerk Johanna Kinney noted the procedural guidelines before the council to vote on this objection. According to the City Council Rules of Procedure, the council needed to vote on the following question, "Shall the ruling of the Chair stand ?" Motion Passed Yes: Casagranda, Seaward (clerk's note: this motion passed because No: Valdatta, Terry, Shafer four votes would be needed to overturn the ruling) Keil and Bardarson removed themselves from the dais. Long explained the premise of the resolution and why the city was supporting the application �,,,., of a grant application. He noted the CHC would like to give the council an update on their efforts. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 86 The accepting of the grant would come back to council for approval, Terry noted. Motion Passed Unanimous Other New Business Council scheduled a work session on March 11, 2013 at 5:30 p.m. to receive an update from the Seward Community Health Center Board on use of the federal planning grant funds and the application for Federally Qualified Health Care (FQHC) status. Council discussed supporting House Bill 75, "An Act repealing certain audit requirements for entities receiving contributions from permanent fund dividends; requiring each campus of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; and requiring a university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends." Council directed a letter be sent from the Administration and Council supporting this House Bill. Council scheduled a work session on March 4, 2013 at 7:00 p.m. to discuss ongoing mid -year budget priorities, specifically ADA Accessibility and the possibility of downtown sidewalk assessment districts. ej Council rescheduled the work session to review the 2012 International Codes to March 13, 2013 at 7:00 p.m. INFORMATIONAL ITEMS AND REPORTS Letter to Representative Tommie Wilson supporting HB 35. Certificates of Recognition were given to Beverly Dunham, Margaret Anderson, Dorothy Urbach, Cindy Clock, and Patty Linville for their service on the Incorporation Centennial Ad Hoc Committee. COUNCIL COMMENTS Bardarson thanked the Incorporation Centennial Ad Hoc Committee members for their hard work. She welcomed the Seward Seahawk participants for the upcoming high school basketball region tournament. Keil thanked the Volunteer Fire Department for the awards banquet invitation. She attended and it was a great time. Keil and Shafer were given commemorative coins to show the council's commitment to the Fire Department. She had been concerned with volunteerism in the community, and this event showed her how many people were actually involved. Keil reiterated her commitment City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 87 to the community and she enjoyed her representation on the Community Health Center Board (CHC), and she was put on the board by the City Council. If this was going to be the case where they weren't allowed to vote on Council CHC issues, the city would not be able to have any representation on the board. Shafer disagreed with conflicts based on common law rather than financial interest. The council always voted with the best intentions for the community. Their code addressed financial conflicts of interest and common law was an entirely different thing. If they were going to start ruling based on common law, then it should be in their code. Terry thanked Butts and Roach' for reapplying to the Planning and Zoning Commission, as they were great assets to the commission. She encouraged the public to consider applying to be on the Planning and Zoning Commission and Seward Bear Creek Flood Service Area Board. Terry thanked Laszlo Kozman and Christi Bell for their economic growth plan and thought it was very exciting. People should contact the Chamber if they had questions about it. Long said he had the opportunity to attend the Young Entrepreneurs of Seward (YES) meeting last week to see Kozman's presentation and encouraged those members to attend a Planning and Zoning Commission meeting to see if they might be interested in serving. He appreciated the opportunity to travel to Juneau on behalf of the city. Seaward thanked the public for attending, the Centennial Incorporation Ad Hoc Committee j,,,,, for their service, and Butts and Roach' for reapplying to the Planning and Zoning Commission. CITIZEN COMMENTS Tim McDonald stated he would be giving a report for the Cook Inlet Aquaculture Association (CIAA) at the next meeting, but wanted to remind council of the email they received where the CIAA recently supported naming a bridge after the late Mike Wiley. This was being reviewed in the legislature. He hoped council could write a letter in support of that action. Laszlo Kozman observed the land - related issue the council was debating tonight. They were talking about other land - related issues and they should consider all city land as one land asset and how it supported economic growth. Instead of looking at land individually, he recommended they look at the land's potential as a whole and as an entire asset. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Valdatta noted the city had prioritized all lands available for economic growth in the past. Seaward noted an advertisement in the Anchorage Press for the Seward Arts Council's promotion of their current production and complimented how they created a package that combined a local hotel with admission tickets. City of Seward, Alaska City Council Minutes February 25, 2013 Volume 39, Page 88 EXECUTIVE SESSION mei Motion (Terry/Bardarson) Go into Executive Session to discuss City Attorney's evaluation. Motion Passed Unanimous Council went into Executive Session at 8:45 p.m. Council came out of Executive Session at 9:26 p.m. ADJOURNMENT The meeting was adjourned at 9:27 p.m. o anna Kinne, , 7 C David Seaw i y Clerk Mayor (City Seal) ,, 4 41 F N ",-.‘,. ., ‘ 0 0 1.. EAL • l . j .1 •.••••• 1'1 �I • ,'' OF AV'' *** a°a aaast s \1aa y