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 , .
J h nna Kinney, CMC � �� David Seaward
CI Clerk Mayor
(City Seal)
.% ,,,, u u s,,,,
♦♦ �` ` . . a •, +
■
• SEA q)
iiiiio • Tom_ Q
•
% a OF 10' •'♦
• • • s 01s
Yr.