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HomeMy WebLinkAbout04082013 City Council Minutes City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 109 CALL TO ORDER i�. The April 8, 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 Jim Hunt, City Manager Brenda Ballou, Deputy City Clerk Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Deputy City Clerk Brenda Ballou clarified that Seward City Code, Section 2.10.070, referred to time limits for Citizen Comments as specified in the Council Rules of Procedure. Council Rules of Procedure specified that citizens had three minutes at the beginning of the meeting, and five minutes at the conclusion of council business. Upon conference with the City Attorney as to that interpretation, it was found that citizens had the opportunity to speak multiple times only during a Public Hearing. Dan Seavey said he wanted to talk about the Iditarod Championship. Beginning in 1970, dog mushers began lobbying to include the Iditarod Trail into the National Trail System, and in 1978 the Seward Iditarod National Historic Trail was officially designated. In 1982, the Seward Iditarod Trail Blazers was formed. Seavey advocated for council to consider finding a solution that would include both the expansion of the Alaska Railroad's dock as well as the installation of a Baseline Trail across the head of bay. Jim Herbert stated his interest in serving on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) as the city's representative. City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 110 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda Keil pulled Ordinance 2013 -005 off the consent agenda so it could be amended. Bardarson added Vice Mayor's Travel Report as a new item under Special Orders, Presentations and Reports. Motion Passed Unanimous The clerk read the following approved consent agenda items: Appoint Jim Herbert to fill the City of Seward seat on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). Ordinance 2013 -004, Amending Seward City Code, Section 12.05.031, International Mechanical Code, Adopting The 2012 International Mechanical Code (IMC) Including Revisions. (This ordinance was introduced and was se(for public hearing and enactment at the May 13, 2013 meeting.) Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions. (This • e ordinance was introduced and was set for public hearing and enactment at the May 13, 2013 meeting.) Resolution 2013 -021, Adopting The Planning And Zoning Commission Priorities From April 2013 To April 2014. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing John French for representing the City of Seward on the Prince William Sound Regional Citizens' Advisory Council for the last ten years. Recognition to Flip Foldager for receiving the Governor's Special Achievement Award for Safety. Borough Assembly Report, Sue McClure stated that since her last report two people had followed up with a request to the borough for improved signage for recycling at the landfill. On March 19, 2013, the Assembly enacted an ordinance to allow service area members to remain in their current position until replaced, even after their term had expired. Just over $1.9 million was expected to come into Seward from Federal and State reimbursements for the September 2012 Flood Event. The Assembly would meet on Tuesday, April 16, 2013 in Seward at 6:00 p.m. at which there would be four ordinances up for public hearing at that meeting, including one regarding the appropriation of City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page II1 the cruise ship head tax for Seward and Homer, and one that would allow fireworks in the months of December and January. City Manager's Report, Jim Hunt stated there had been no purchase orders approved by the City Manager for between $10,000 and $50,000 since the last council meeting. At 12:45 a.m. on Friday, April 5, 2013, Seward Volunteer Fire Department responded to a vehicle (bus) fire at the boat storage area behind the Seward Ship's Chandlery. A fatality was discovered on scene and the investigation was turned over to the State Fire Marshal's office. Proposed changes to the new Federal Flood Insurance Rate Maps (FIRMs) new maps and base flood elevations would become effective September 27, 2013. In order to maintain eligibility in the National Flood Insurance Program (NFIP), the city must affirmatively adopt those maps and incorporate other related changes in the floodplain code, Title 16 of Seward City Code, before that date. The proposed changes would go before the Planning and Zoning Commission on June 4, 2013 before going to council. In February 2013, the tugboat Chahunta was transiting the entrance to the Small Boat Harbor during a minus tide when they reported grounding. As a precaution, the harbor submitted a Notice to Mariners through the U.S. Coast Guard. The harbor had since conducted a methodical survey of the channel entrance with both electronic equipment and a grappling hook, and nothing was found that would explain the grounding incident. Sean Corrigan had been promoted to Dispatch Supervisor and would replace Sheila Squires who was retiring at the end of May 2013. The Electric Department had issued a Request for Proposals (RFP) for Civil /Site work for a new warehouse facility. The proposal period would close on April 30, 2013. The scoring criteria would be: Qualifications 50 Points (50 %) Schedule 15 Points (15 %) List of Deliverables 5 Points (5 %) Proposal Price 30 Points (30 %) TOTAL 100 Points (100 %) Mayoral Report, David Seaward thanked everyone for attending the meeting, watching on television, and Martha Fleming for working the camera. Vice Mayor Travel Report, Jean Bardarson stated she had traveled with Hunt to Juneau, Alaska to attend legislative meetings. Other Reports, Announcements and Presentations Presentation of Alaska Railroad Seward Master Plan by Vice President of Real Estate Jim Kubitz. Kubitz said the priority for 2013 was to widen the freight dock, and if they received a Federal Transportation Investment Generating Economic Recover (TIGER) Grant, that would be in 2014 for the next phase of the project. Baseline Trail Presentation by Tim McDonald. This project proposed to connect Mile ,., Zero of the Iditarod Trail in downtown Seward to the beginning of the beginning of the Historic Trail on Nash Road via a pedestrian bridge approximately 2 miles long across the head of Resurrection Bay. City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 112 PUBLIC HEARINGS - None UNFINISHED BUSINESS Items Postponed from Previous Agenda — Ordinance 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. (Clerk 's Note: this Ordinance for Introduction was postponed from the February 25, 2013 agenda. The main motion was made by Casagranda and seconded by Keil.) Long said council had questions when it was brought forth for introduction the first time and that the intention of this was to widen the potential uses of this land rather than restrict it. Motion (Keil /Casagranda) Table the Introduction of Ordinance 2013- 003 until Planning And Zoning Commission reviews the Land Management Plan and brings forward their results. Motion Passed Unanimous Consent awl NEW BUSINESS Ordinance for Introduction Ordinance 2013 -005, Amending Seward City Code, Section 12.0.11, International Building Code, Adopting The 2012 International Building Code (IBC) Including Revisions. Motion (Valdatta /Keil) Introduce Ordinance 2013 -005 Bardarson declared a potential conflict of interest because she had a substantial financial interest because her husband's business may be impacted by building code changes. Seaward ruled that a conflict existed and Bardarson left the dais. Motion To Amend (Keil /Shafer) Amend Ordinance 2013 -005 by changing Section D, Subsection 13 to read "A temporary structure permit can only be renewed for five calendar years on the same property, except in the Industrial Zone where it can remain indefinitely." Fire Chief David Squires requested that council consider amending the ordinance to include provisions for Employee Campground. He said having a zone - specific reference in the building code may be problematic in the future. City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 113 1r. Motion To Amend Passed Unanimous Consent Main Motion Passed Unanimous Resolution 2013 -022, Approving A Management And Operating Agreement Between The City Of Seward And Providence Health & Services — Washington, D /B /A Providence Health & Services Alaska. Motion (Bardarson /Terry) Approve Resolution 2013 -022 Shafer declared a potential conflict of interest because she had a substantial financial interest because Providence advertised in her paper. Seaward ruled that a conflict existed and Shafer left the dais. Motion (Terry) Objection to the Mayor's Conflict of Interest Ruling of Council Member Shafer. Ballou stated that the question before council was "Shall the decision of the chair stand ?" and that a vote in the affirmative would uphold the ruling that a conflict existed. At least four votes in the affirmative were required to uphold the ruling. Motion Failed Yes: Casagranda, Seaward No: Valdatta, Terry, Keil, Bardarson The decision of the chair was overruled and Shafer returned to the dais. Valdatta declared a potential conflict of interest because his employer had Providence as a client. Seaward ruled that a conflict did not exist. Keil declared a conflict of interest because one of her non - dependent daughters worked for the Mountain Haven Long Term Care Facility in Seward and another non - dependent daughter worked for Providence in Anchorage. Seaward ruled that a conflict did not exist. Finance Director Kris Erchinger said the city had been working under the existing management and operating agreement with Providence since 2002, which included the Mountain Haven Long Term Care Facility, and had the opportunity to extend the contract for an additional five years. Motion To Amend (Keil /Shafer) Amend the Management & Operating Agreement, Section 4, Capital Expenditures, by striking $10,000 and replacing it with $50,000. Motion To Amend Passed Yes: Bardarson, Terry, Keil, Valdatta, City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 114 Shafer, Seaward No: Casagranda Main Motion Passed Unanimous Council recessed at 8:50 p.m. Council resumed at 8:57 p.m. Resolution 2013 -023, Authorizing The City Manager To Enter Into A Construction Contract With Harmon Construction In An Amount Not To Exceed $549,786 For The Vessel Wash Down Pad At The Seward Marine Industrial Center (SMIC) And An Additional $106,900 In Project Contingency And Construction Management Costs, And Appropriating Funds. Motion (Terry /Keil) Approve Resolution 2013 -023 Harbormaster Mack Funk requested that council approve Alternate A to include installing heating tubes. He said the total cost of the project was below the engineer's original estimate. He also clarified that in the Fiscal Note of the Agenda Statement said that $51,900 was included in the grant funding, but that was misleading because that amount would have to be appropriated from Harbor Reserve Funds. Motion Passed Unanimous Resolution 2013 -024, Authorizing The City Manager To Enter Into A Contract With Orion Marine Contractors, Inc For An Amount Not To Exceed $215,500 For Insured Repairs To Syncrolift Dock. Motion (Terry /Keil) Approve Resolution 2013 -024 Deputy Harbormaster Norm Regis said the Alaska Municipal League /Joint Insurance Association, Inc. (AML /JIA) had obtained three bids to repair damage done to the Syncrolift Dock. Long said the damage had been done by the State of Alaska's ferry, Tustumena, and Seward Ship's DryDock (SSDD) already paid the deductible. In response to Shafer, Regis explained that AML /JIA was paying for this claim rather than SSDD because the damage was found to be caused by the vessel during a weather issue, and AML /JIA said it was a legitimate insurance claim. Casagranda was not in favor of this resolution because the City Attorney had not reviewed the contract, only the resolution. She believed that SSDD should be wholly responsible for the repairs, and should not be included on the city's insurance policy. She was also concerned that the city's insurance rates would go up as a result of this claim. Terry wanted to see more information and explanation about the insurance impact, including an insurance review as well as an attorney review. Regis said there was a full report authored by R &M included in the packet. Motion To Amend (TerryBardarson) Amend Resolution 2013 -024 by adding the word "Dock" after the word "Syncrolift" in the title and throughout the body of the City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 115 resolution. Igo Motion To Amend Passed Unanimous Consent Main Motion Passed Yes: Bardarson, Terry, Keil, Valdatta, Shafer, Seaward No: Casagranda Resolution 2013 -025, Authorizing Payment In The Amount Of $60,000 To Contribute To The Hiring Of A Chief Executive Officer For Alaska Railbelt Cooperative Transmission Electric Company, And Appropriating Funds. Motion (Bardarson /Shafer) Approve Resolution 2013 -025 Utility Manager John Foutz said the city was a member of the Alaska Railbelt Cooperative Transmission & Electric Company (ARCTEC), on the Alaska Energy Authority's advice. The actual salary for the Chief Executive Officer (CEO) would be approximately $125,000- $150,000, but the total budget necessary for salary and expenses would be $240,000 per year. All four community members of ARCTEC would be contributing the same amount of money, $120,000 each over a two - year period. The four members of ARCTEC were: Seward, Chugach Electric, Golden Valley Electric and Matanuska Electric. He said the CEO candidate being hired was David Lawrence, who was currently with the Regulatory Commission of Alaska. Motion Passed Unanimous Other New Business Discussion and direction on the 2012 International Residential Code regarding sprinkler requirements. Squires wanted to amend the International Residential Code (IRC) to require any house over 3,601 square feet to flow at 1,750 gallons of water per minute for two hours, and to have a residential sprinkler system rated for 10 minutes. Terry suggested that council pursue an aggressive safety education program for the public about the new code. Keil said she would be in favor of adopting this code because it would require three public hearings and she thought that would encourage the public to provide feedback. Shafer suggested the safety video that had been shown to council during the work session which demonstrated the effects of a residential sprinkler system be shown at the library for public education. Select a council member to travel with administration for a legislative trip to Washington, D.C. and a Port Development trip to Seattle (approximately April 22 -25, 2013). Bardarson was selected by council to accompany administration on this trip. Bring forward a new appeal to the incorrect conflict of interest ruling of Council Member Keil and Vice Mayor Bardarson on the Community Health Center Board. A new appeal was brought forward by Shafer based upon an the incorrect conflict of interest ruling of Keil and Bardarson City of Seward, Alaska City Council Minutes April 8, 2013 volume 39, Page 116 regarding the Community Health Center (CHC) Board made previously by the mayor. Seaward agreed that the next time an agenda item came before council regarding the CHC, and one or more council members declared a potential conflict of interest, he would make new rulings on an individual basis. INFORMATIONAL ITEMS AND REPORTS March 11, 2013 letter to House Finance Committee Regarding House Bill 75 RE: Pick - Click -Give Program. COUNCIL COMMENTS Bardarson thanked Jim Herbert for joining the Prince William Sound Regional Citizens' Advisory Council, and thanked John French for his years of service. Keil echoed those sentiments, and added that she was pleased that the Seward Animal Shelter Fundraiser had been very successful. Shafer said she was excited about the Mayor's Cup dogsled race thanked the Seward Iditarod Trail Blazers and Seavey's Ididaride for sponsoring the event. Terry thanked the volunteers for working on the mural that would be installed on the south ovi wall of the Seward Community Library Museum. She requested that the application for the Community Health Center (CHC) grant be distributed to council in its final form, and also requested a copy of the CHC's by -laws. Seaward thanked everyone for being there, and congratulated Jim Herbert on his appointment. CITIZEN COMMENTS Jim Herbert, President of the Seward International Friendship Association (SIFA), announced that two students had been selected for this year's 40 Anniversary of the Student Exchange Program with Obihiro, Japan: Meret Beutler and Karoline Ernst. He thanked council for their confidence in him for serving on the PWSRCAC. He had attended a meeting about camping on Exit Glacier Road, and was concerned about the activity that took place throughout the summer with rowdy campers in that area. Next week, the Oil Spill Response service group would be training in town. Dave Squires, speaking as the Fire Chief, gave an update on the bus fire that happened a few days ago and said there was no evidence of a propane tank explosion and the body identification had not yet been released by the State Medical Examiner. Squires added that he opposed the Assembly's upcoming fireworks ordinance and would be attending the Assembly meeting next week to voice his concerns. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None City of Seward, Alaska City Council Minutes April 8, 2013 Volume 39, Page 117 im ADJOURNMENT The meeting was adjourned at 10:00 p.m. _mi. A ANA= r , . 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