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HomeMy WebLinkAbout05282013 City Council Minutes City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 136 CALL TO ORDER ir.. The May 28, 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 Vanta Shafer Bob Valdatta Ristine Casagranda Jean Bardarson Christy Terry Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nanci Richey, Administrative Assistant Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tom Tougas spoke on the Providence settlement agreement council was discussing during their special meeting tonight. He was concerned that the attorney was recommending not settling. He was frustrated on tonight's discussion item of a proposed mill rate increase to pay for the library museum bonds and operating costs. Once the 2012 CAFR became public, it would be obvious there was no reason to increase a sales or property tax. The council spent two winters on this issue already and Tougas asked them not to waste any more time on this issue. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The May 13, 2013 City Council Regular Meeting Minutes were approved. Appoint Catherine Richardson to the Historic Preservation Commission with a term to expire City of Seward, Alaska City Council Minutes Mav 28, 2013 Volume 39, Page 137 May, 2016. eri Resolution 2013 -036, Directing The City Administration To Dedicate Dog License Fees And Received, Targeted Donations For The Construction Of A New Animal Shelter. Resolution 2013 -039, Approving The City Manager's Appointment Of Edward Athey As Fire Chief. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Introduction of 2013 Seward High School Exchange Students Meret Beutler and Karoline Ernst. Recognition of the Seward High Track Team and their Accomplishments at the State Tournament. Recognition of Retiring Dispatch Supervisor Sheila Squires. Recognition of Retiring Fire Chief David Squires. Chamber of Commerce Report, Cindy Clock recapped some of the recent Seattle partner's .r p Y pp P trip. She and Harbormaster Funk were able to meet with other entities while the rest of the city staff traveled back to Alaska. They met with Holland America, Royal Caribbean, Samson Tug and Barge, and Linden Transport to name a few. There was a lot of excitement with the Seward Marine Industrial Center expansion project, as well as the railroad expansion project. The Marine Firefighting Symposium was coming to Seward in October, and Crowley would like to meet with the chamber then. The chamber was looking at having a possible VISTA volunteer. Seward had a successful Lemonade Day. The chamber bathrooms were being remodeled and would be finished in a few weeks. Clock passed out the Alaska Chamber's Seward Outreach Trip agenda which was scheduled for July 9 - 10, 2013. City Manager's Report, City Manager Jim Hunt stated there had been no purchase orders approved by the City Manager between $10,000 and $50,000 since the last council meeting. In the harbor, staff worked with the City Attorney and a representative of GCI on a new lease for their equipment located at SMIC. The current lease expired in late June. The harbor was soliciting proposals from contractors to design and construct restroom improvements at the Harbormaster's Office. The proposals were due on June 11, 2013 and would be scored on the following criteria: • Proposal Achieves Expected Project Outcome 10 Points • Project Design Drawing Submitted 10 Points ej • Plan To Survey And Remove Any Hazardous Materials 10 Points • Statement Of Qualifications 10 Points • Business License And Bond 10 Points City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 138 • Positive Litigation History 5 Points In response to council inquiry, Hunt and Funk reported the criteria for cost was mistakenly left off of the report to council. They confirmed the total would be out of 100 points, and cost would make up the remaining 45 points. The city and Providence had finalized the settlement agreement with the State of Alaska relative to the dispute over Medicaid reimbursement rates. The Finance Department was reviewing the draft Comprehensive Annual Financial Report (CAFR). Once that process was complete, the final CAFR would be printed and distributed to the City Council in time for the annual audit work session on June 24, 2013. The biennial budget process would begin in July. Once the budget process was substantially complete, finance intended to restart the new financial accounting software implementation, with the hopes of fully migrating to the new system by January 1, 2014. The Electric Department had three outages since the last council meeting. All three had power restored quickly. Alaska Department of Environmental Conservation denied Public Works' request for a primary treatment bypass at the Seward Marine Industrial Center Lagoon to allow the department to remove sludge from that facility. As a result the planned $490,000 Sludge Removal Project was on hold. Sludge testing was planned for June at Lowell Point and SMIC. A $400,000 loan offer at 1.5% was pending for the Maple Street Sewer and Water project. The $575,000 Lowell Canyon 400,000 gallon tank refurbishment monies were included in governor's budget. In Parks and Recreation, the ball fields were prepped and open for the season, the Forest Acres campground opened May 23, 2013, and the Spring Creek Campground would open June 17, 2013. In the Parking Department, the Department of Transportation would be visiting Seward to authorize the South Lot alleyway to be posted as a Fire Lane. A policy rate change was made to clarify that the $10 parking fee would now allow vehicles 24 hours of parking instead of expiring at midnight. Hunt added he met with Alaska Railroad executives last week to discuss the reorganization taking place and the railroad's future in Seward. He continued to stay in touch with Seward's representatives, lobbyists, and congressional delegation on the Lowell Creek Tunnel to ensure the U.S. Army Corps of Engineers kept ownership of the project and was also working with Alaska Department of Natural Resources on the issue. Mayoral Report, David Seaward asked if council received the request from the Military Order of the Purple Heart, Matanuska - Susitna Chapter 663 to declare the City of Seward as a Purple Heart City and if there would be any objection to direct the City Clerk to prepare a support resolution. There was no objection and the City Clerk stated she would bring forward a resolution for council consideration. Other Reports, Announcements and Presentations PUBLIC HEARINGS Ordinances for Public Hearing and Enactment City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 139 Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List ej Customers At The Small Boat Harbor. Harbormaster Mack Funk stated this was intended to provide more efficiency in communication for wait list customers. Notice o f 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. Motion (Bardarson /Terry) Enact Ordinance 2013 -008 Funk noted the proposed amendment by the Port and Commerce Advisory Board to clarify that electronic notification for wait list customers was an option and not a requirement. Motion to Amend (Terry/Bardarson) Amend Ordinance 2013 -008, by adding the language "elected to receive email notifications and" in Section 1, Item G. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage tY Q Y a Rates At The g Small Boat Harbor. Funk said the purpose was to eliminate quarterly rates and the tariff already reflected this change, so the code needed to be updated for consistency. He recommended enactment tonight. Notice o f 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. Motion (Terry /Keil) Enact Ordinance 2013 -009 Motion Passed Unanimous Resolutions for Public Hearing Resolution 2013 -034, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of The Gateway Subdivision, Creating Four Tracts To Be Known As Tracts C4, C5, C6 And C7, Gateway Subdivision Addition No. 2 And Dedicating The Rights -Of -Way Extensions To Be Known As Olympia Road And Afognak Avenue, Located Within The SE ' /4 Section 33; Within The Single Family Zoning District. Hunt said this replat was necessary to provide access for the city's new proposed water tank. rY p Y P p It was a replat to provide a right of way for future water infrastructure expansion. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 140 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. Motion (Keil/Shafer) Approve Resolution 2013 -034 Valdatta asked if the city was purchasing this land. Hunt clarified this resolution was just providing the right -of -way at this time. Motion Passed Unanimous Other Public Hearings Ordinance 2013 -007, Amending The City Of Seward Code, Section 12.05.021, Adopting The 2012 Edition Of The International Residential Code (IRC), Including Revisions. (public hearing only — no enactment) Building Inspector Stefan Nilsson said this ordinance was to adopt the 2012 International Residential Codes. Currently, the city was operating under the 2006 codes. Every three years the codes went through modification by the International Code Council. In addition to the code council's version, the city was proposing 63 local amendments to the 2012 International Residential Code. Two were backed by state statues; one for smoke detectors and one for carbon monoxide detectors. 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. City Clerk Johanna Kinney clarified the only matter required before council tonight was to hold one of three public hearings, as required by state statute. If council wished to discuss or possibly amend the ordinance at this time, Kinney recommended council make a motion to enact to get the ordinance on the floor, but advised council to then move to postpone to the next scheduled public hearing date after discussion. Motion (Terry /Casagranda) Enact Ordinance 2013 -007 Terry asked what other outreach was planned for this summer to educate the public on this issue. Nilsson said they had been in contact with the local contractors on the issue, as the codes would influence them the most. These provisions could affect larger buildings, but that type of construction did not occur as much. The Building Department would continue to invite local contractors to the upcoming meetings on this issue. Bardarson asked if they had sent the local contractors the changes, Nilsson confirmed they had. Terry wondered if the Building Department could solicit comments from the local contractors so council could hear them. She recognized it was difficult for contractors to come to meetings this time of year as it was their busy season. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 141 In response to Casagranda, Nilsson stated all changes before council were the same local changes when the 2006 code was adopted. Bardarson requested they email the changes to council so they could see what the changes were. Seaward asked if they had heard any comments regarding the proposed sprinkler requirements. Nilsson said they had not heard any at this point. Seaward hoped the media could help get the word out on the sprinkler requirement change. Fire Chief Dave Squires noted they did hear today from an existing homeowner who was looking to expand their condominium units. In response to Seaward, Squires did not know if there was any tax incentive available at this point for people to voluntarily sprinkler their homes, but knew there had been some in the past. Motion to Postpone (Bardarson /Shafer) Postpone Ordinance 2013 -007 to the August 12, 2013 meeting for a second public hearing. Motion to Postpone Passed Unanimous UNFINISHED BUSINESS Items Postponed From Previous Agenda — Ordinances For Public Hearing And Enactment (With A Second Public Hearing Requested By Council). 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 (The enactment of this ordinance was postponed from the April 22, 2013 and the May 13, 2013 meetings. The original motion was made by Councilmember Casagranda and seconded by Councilmember Shafer). Squires stated the modifications in this code were the same as the modifications in the 2009 codes. 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. Motion (Casagranda /Shafer) Enact Ordinance 2013 -006 (made at the April 22, 2013 meetttg) In response to Terry, Kinney clarified this ordinance came to the council as amended from the previous meeting and that amendment was reflected in their council packet. Squires stated there was one minor difference in the definitions of foster home between the 2009 and the 2012 codes and clarified the difference. In response to Bardarson, the items with double asterisks were local changes, and the items with one asterisk were state changes and could not be altered. City of Seward, Alaska City Council Minutes May 28, 2013 Volunte 39, Page 142 In response to Casagranda, Squires stated the change in child care and foster home definitions would not effect day care businesses because the language was in the 2006 codes the city was currently using. Motion Passed Unanimous NEW BUSINESS Resolution 2013 -037, Authorizing The City Manager To Enter Into A Grant Agreement With The Alaska Department Of Transportation Harbor Facility Grant Program For $1,137,254 And To Enter Into A Construction Contract With Orion Marine Contractors, Inc. In An Amount Not To Exceed $2,083,980 For The D -Float Replacement Project At The Seward Small Boat Harbor And An Additional $208,398 As A Project Contingency And Appropriating Funds. Motion (Terry /Shafer) Approve Resolution 2013 -037 Funk stated this project was designed and developed by the previous harbor administration. They had received three excellent bids for this project, and the results were located in their packet tonight. Orion Marine Contractors was the successful bidder. There was an additive alternate A, which would connect D and E Float and would realign the floats, which were slightly off D Float was almost 50 years old. Orion was originally West Construction, which the city had worked within the past. They recommended approval of the contract and acceptance of the grant. Bardarson asked if the attorney had reviewed this resolution and contract. Funk said she had reviewed it in its preliminary stages, but did not give a final review, he believed. Shafer asked what they still had to do after D Float; Funk said next was focusing on A, B, C, and S Floats, which the city would have to figure out how to come up with matching funds for those projects. Funk noted A, B, and C Floats were more electrically modern, and D Float was not, which was why it was being addressed first. Funk noted they would be wood floats. In response to Casagranda, Funk confirmed the city would be matching the $1,137,254 cost and said the extra $200,000 was confirmed by the state to use against the engineering costs. Motion Passed Unanimous Resolution 2013 -038, Authorizing The City Manager To Modify The Purchase Agreement With R & M Steel Co. For The Purchase And Shipment Of A Steel Building Kit Authorized Under Resolution 2013 -018 To Permit The Substitution Of Insulated Wall And Roof Panels For The Batt Insulation And Siding Originally Supplied For A Total Amount Not To Exceed $121,600. Motion (Bardarson /Shafer) Approve Resolution 2013 -038 City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 143 Hunt said this was a change order to receive higher quality insulation for this proposed ,■. Y p p building. Administration was requesting approval of this change order. Motion to Amend (Terry/Keil) Amend Resolution 2013 -038, striking the language in Section 1, `for the purchase and shipment of a steel building kit authorized under Resolution 2013 -018 to increase the amount of the contract to cover the substitution of insulated wall and roof panels" and adding the following language in its place: "under SCC 6.10.130 by incorporating the recitals above in the Whereas clauses including specifically the finding that these insulating articles are being procured at a lower cost without competitive bidding." Terry wanted to specifically site the findings of fact and the source in the code that the council had the right to determine when the public's interest was being best served by not utilizing the competitive bid process. Keil was concerned that they didn't always get the best proposals out in time and sometimes the proposals were not as efficient. She hoped the city would do a better job of putting together proposals. Valdatta wanted to know if the original quotes had wind and snow loads. Hunt did not have the ratings. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Other New Business Discussion on transient merchants on city property. Terry thought it was worth asking the Planning and Zoning Commission to revisit this issue or hold a work session to discuss allowing transient merchants on city property, specifically the new harbor uplands. Shafer said she would like the Planning and Zoning Commission to discuss it and come back with a recommendation. She saw more cars parking on the new land and the parking lots were empty. Keil didn't know if the Planning and Zoning Commission was the right avenue. It was time they reevaluate the topic, however. She'd like to see a work session to determine if council wanted to allow transient merchants or not. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 144 Valdatta wondered what type of merchants council envisioned would be down there. Terry thought they could let the market decide or it could be what the council decided. Bardarson didn't think they needed to dictate who could operate on that land. Terry wondered if they would allow utilities to be built on the uplands. Hunt said water and sewer were installed already in that area. Keil agreed it was a free market and opening up this land could generate more business. Council scheduled a work session to discuss transient merchants on the city -owned South Harbor Uplands for September 9, 2013 at 6:00 p.m. They also requested to be furnished with the information of the last time the Planning and Zoning Commission and Council addressed the issue of transient merchants. Discussion on council putting forward an advisory proposition for the upcoming October elections to increase the property mill rate by 1.0 mills to fund the library /museum bond and operating costs. Seaward wanted to know when the election ballot deadline was and if the council should consider an advisory proposition. Kinney stated the deadline varied based on what was actually being proposed, but mid - summer was typically the cut off for propositions to make the October Municipal Ballot. Shafer felt that this issue had been discussed at length and the direction from the public was pretty clear that they should absorb the costs through city budgets. Valdatta supported this idea to see if the citizen's would be in favor of a property tax increase. Terry was against an advisory proposition and the reason of the current dissention on how to pay for the library museum was because of past advisory votes. An advisory proposition made no sense because it gave council no definitive answer to act on. This was a council action, not a public vote action. Keil noted a community in Alaska recently imposed a tobacco tax and was receiving lengthy returns. Casagranda agreed with Shafer. They should find the funding in the budget, and the community made that known. She didn't think right now was a good time to make these types of decisions. She felt they could find a way within the budget to find this solution. Shafer said a property tax increase was limited to a small amount of people. She did not think it was fair to the 600+ people who paid property tax in the city limits. Shafer felt the public gave direction they should take this out of the budget. She also did not care for an advisory vote. Keil said the mayor was well within his right to bring something forward, and the public could come speak support or opposition at that time. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 145 Valdatta wished they would had tried for a tobacco tax and not combined it with an alcohol tax. Terry said it was not a waste of time to bring something forward, and she encouraged the mayor to bring a resolution forward for council consideration. Discussion on lowering the sales tax from 4% to 3% during winter months of October through March, and back to 4% from April through September. Seaward also brought this forward and thought a seasonal sales tax was worth considering. Casagranda wondered if she could discuss this as she was a small business owner. Shafer again asked the mayor to bring forward a resolution if he felt strongly about it. Casagranda said the increase in revenues should be put towards something specific, and would not support such an idea if the revenues went directly into the general fund. INFORMATIONAL ITEMS AND REPORTS - None COUNCIL COMMENTS Bardarson congratulated this year's exchange students. She thanked Dave and Sheila Squires for their dedication and hard work to Seward. ..i Keil thanked Dave and Sheila Squires for their time with the city. She congratulated the new Fire Chief Eddie Athey and stated he had big shoes to fill. Keil congratulated the Seward Seahawk Track Team, who did great at the state track meet. Shafer thanked Dave and Sheila Squires and appreciated their service. She congratulated Seward's graduates. Shafer noted over $200,000 in scholarships were given from local dollars. She wanted graduates to come back home when they were done with their education. Casagranda thanked the Fire Chief and congratulated Athey. Terry was privileged to work with both Dave and Sheila Squires and they were great assets to the city. She gave her congratulations to Eddie Athey and noted the Seward High Track Team's fantastic show at state this year. The Seward Exchange Students were great selections to represent the community. Terry stated she went to the museum and it looked fantastic. Hunt thanked the Fire Chief and Sheila Squires. It was great to work with them. He congratulated the new incoming chief and was working on the hiring process of the new Deputy Fire Chief. Police Chief Tom Clemons thanked Dave Squires and commented how outstanding Sheila Squires was as an employee in his department. City of Seward, Alaska City Council Minutes May 28, 2013 Volume 39, Page 1-16 Seaward thanked Assembly Representative Sue McClure and the media for attending the meeting, as well as Martha Fleming for being behind the camera tonight. He thanked the Squires' and appreciated their work in emergency response. CITIZEN COMMENTS Wolfgang Kurtz updated the council on the radio station project in town. They received a permit for construction of a new facility. They had the Emergency Alert System (EAS) up and running and would like to work with the city and the state to get that progressing. He was also working on enhancements to the facility and hoped for a remote broadcast. Kurtz noted he would love to see council meetings on air, which was very possible. He commented on the use of the south harbor uplands and noted perhaps they could contact an amusement company to have circus -type events on that land. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 9:01 p.m. o anna Kinn-� , C v David Seaward City clerk Mayor SSS SSSS (City Seal�a, °sl�nP °Es •'+ C yj N a s r I. r w • T �� : kca