HomeMy WebLinkAbout05282013 City Council Minutes City of Seward, Alaska City Council Minutes
May 28, 2013 Volume 39, Page 136
CALL TO ORDER
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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.
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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
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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.
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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 ,■.
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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.
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