HomeMy WebLinkAbout12092013 City Council Minutes City of Seward, Alaska City Council A/linutes
December 9, 2013 Volume 39, Page 2-13
CALL TO ORDER
The December 9, 2013 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Vanta Shafer Ristine Casagranda
Christy Terry Marianna Keil
David Squires
comprising a quorum of the Council; and
Ron Long, Assistant City Manager
Cheryl Brooking, City Attorney
Johanna Kinney, City Clerk
hop Brenda Ballou, Deputy City Clerk
Absent— Dale Butts
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Teri Arnold said she received an email update from Public Works relating to the Lowell
Point Sewage Lagoon odor problem,and read the email response that Linda Paquette sent on behalf
of the citizens of Lowell Point. Arnold requested to have an update tonight about the desludging,
plans for the lagoon, and was concerned that the city would not be taking any action until the
springtime.
Kim Reierson said she was here as the President of the Seward Community Foundation,and
gave a 2013 annual recap report. The Seward Community Foundation was a philanthropic
organization which had been in existence for the last five years. She said only the earnings from
investments were what were distributed to non-profit agencies throughout Seward,and the principal
amount remained intact for investing. There was currently$2.6 million in the Foundation's budget,
and they had given out $49,000 this year.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Terry) Approval of Agenda and Consent Agenda
City of Seward, Alaska City Council Minutes
December 9, 2013 Volume 39, Page 244
Terry pulled the discussion item regarding council membership to the Alaska Mobility
Coalition from the agenda because the Parks and Recreation Department had recently joined as a
member on behalf of the City of Seward.
Casagranda pulled the introduction of Ordinance 2013-013 off the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2013-109, Approving Amendment No. 24 To The Contract With Kent Dawson
Company, Inc. For State Lobbying Services Through December 31, 2015 For A Total Of
$84,500, Annually With An Additional $12,000 Annually From The Seward Association For
The Advancement Of Marine Science For Lobbying On Behalf Of Its Lease And Operation Of
The Alaska SeaLife Center For A Total Of$96,500 Annually.
Resolution 2013-110, Approving Amendment No. 16 To The Contract With Robertson,
Monagle, & Eastaugh,A Professional Corporation, Extend The Term For Federal Lobbying
Representation Through December 31, 2015 For A Total Of$92,000.00 Annually.
Resolution 2013-111, Accepting Funds Up To $7,280 From Alaska OWL (Online With
Libraries) For The Internet Technology Aide Grant And Appropriating Funds.
Resolution 2013-112, Electing To Participate In The AML/JIA Loss Control Incentive ....i
Program For The City Of Seward.
Resolution 2013-113, Authorizing A Contract Through December 31, 2015, With All Alaska
News Unlimited, LLC For Display Advertising In The Seward Phoenix Log At A Rate Of
$210.00 Per Week.
Resolution 2013-116, Supporting Seward's Third Annual Spring Break Up Festival And
Inviting Everyone To Participate.
Approval of the October 28,2013 City Council Regular Meeting Minutes and the November 4,
2013 City Council Special Meeting Minutes.
Direct the City Clerk to send a letter from Mayor Bardarson to Sister City Obihiro, Japan
Mayor Yonezawa, inviting a mural delegation to Seward in 2014.
Non-objection to the liquor license renewal for Thorn's Showcase Lounge.
Per request of the committee, continue the term of the Seward Recreation Committee, a
Special Ad Hoc Citizen Advisory Committee, through 2014.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS sirl
Introduction of new Seward Police Officer Morgan Woodard.
City of Seward, Alaska City Council Minutes
December 9, 2013 Volume 39, Page 245
Proclamations & Awards - None
Borough Assembly Report, Sue McClure stated the assembly met last Tuesday, and the
Kenai Peninsula School District had reported a cut to their budget by over $1.25 million. The
assembly appropriated the $23 million from the revenue bonds for the school roof projects. The
assembly also appropriated $1.0 million from the state for flood mitigation projects; a complete list
of those projects was available on the borough's website. The assembly would meet next on January
7. 2014 and would include a discussion for capping the senior property tax exemption due to
stacking exemptions.
City Manager's Report, Assistant City Manager Ron Long stated there had been no
purchase orders between $10,000 and$50,000 approved by the City Manager since the last council
meeting. The new AVTEC dorms were close to receiving a Certificate of Occupancy. Administration
had conversations with the Alaska Department of Transportation area planners about initiating the
road repairs related to the $2.7 million earmark; monies were available for roads, but not for
sidewalks. Administration would be coordinating a meeting between the state, FEMA, U.S. Army
Corps of Engineers and city staff on the Lowell Canyon diversion project. Three qualified experts in
Alaska had submitted information for the city to analyze relating to aerating lagoon wastewater
treatment plants,and administration would have a recommendation for council soon. Assistant City
Manager Ron Long met with Governor Parnell about the remaining funding needed for the SMIC
breakwater project. R&M Consulting had completed, and administration had signed off and
submitted the U.S. Army Corps of Engineers permit application for the SMIC improvements; this
included dredge,fill and breakwater rock quantities,environmental impacts and mitigation measures.
and alternatives and selection process information.
In the Finance Department, Kenai Peninsula Borough reported the following increases in
Seward's taxable sales by quarter between 2012 and 2013, as of November 30, 2013: 1st Quarter
2013 was 0.06% higher than 2012; 2'd Quarter was 4.75% higher than 2012; and, 3 ' Quarter was
11.04% higher than 2012. Finance Director Kris Erchinger was considering postponing
implementation of the new accounting software due to some personnel changes occurring with the
vendor. Kim Kowalski-Rogers was congratulated for her 24 years of dedicated service as a member
of city staff. Preparations had begun for the annual audit, as well as for the transition to a new
Community Health Center. And,the completed the council-approved 2014/2015 biennial budget was
expected to be distributed by year-end.
In Public Works, the contractor had completed work on the refurbishment of the City Flail
Annex Building.Community Development and the Electric Utility Departments would be moving in
by the end of January, 2014, or upon completion of the in-house painting,electrical and IT work. A
letter of Intent to Award was issued to Harmon Construction on December 5, 2013 for the ADA
Sidewalk Improvement Project. ADA compliance work and sidewalk repairs in the downtown area
would be completed no later than June 1,2014.The original vendor who installed the blowers at the
Lowell Point Sewage Lagoon were contacted, and it was determined that only the motors needed to
be replaced, not the blowers; an email communication was sent to Lowell Point residents on
December 6, 2013 to inform them of the update. The borough had approved the city's request for
$98,667 to complete the Dairy Hill Drainage Mitigation Project, as well as the purchase of the
property that contained the drainage channel; the project completion deadline was May 30, 2014.
City of Seward, Alaska City Council Minutes
December 9, 2013 Volume 39, Page 246
Regarding the North Seward Water Storage Tank Project, CRW Engineering Group, LLC finished
the replat for the Gateway Subdivision and submitted it to the borough for review on November 6,
2013.
The Electric Utility Department reported a borough-wide outage on November 22, 2013
which affected the entire Kenai Peninsula. The outage was caused by a generation unit tripping off
all generation on the Peninsula. The borough-wide outage lasted approximately four hours, but the
city's backup generation facility started within 45 minutes. Crews were working on putting up the
holiday street lighting and replacing street light bulbs. Thanks to Dano Michaud for hiking up Bear
Mountain and replacing the lights on the hillside Christmas tree. The warehouse building's walls,
roofing and insulation panels were on-site in Seward, and the framing was nearly competed.
In the Harbor,on October 22,2013,Deputy Harbormaster Norm Regis was recognized as the
Seward Harbor Employee of the Year 2013 by the Alaska Association of Harbormasters and Port
Administrators. Crews were preparing for the Polar Bear Jump Off which was scheduled for.January
18. 2014. The Harbormaster's Building received a new state-furnished tourism sign for the side of
the building from the Fish&Game Department which highlighted the wildlife attractions in our area.
The Harbormaster's Letter of Compliance Notice and follow up meetings with Seward's Ship Dry
Dock had largely resolved maintenance, permitting. insurance and recordkeeping issues.
City Attorney's Report,Cheryl Brooking stated for October through November,20,2013,
she had worked with administration related to contract and personnel matters,code enforcement and
revision considerations, maritime leases and vessel impoundment issues. At the recent Alaska
Municipal Attorney's Association Conference, Brooking was elected to be the 2014 President, and
Co-Chair for the Municipal Attorney's Section of the Alaska Bar Association.
Other Reports, Announcements and Presentations
Council Travel Reports on the 2013 Alaska Municipal League Conference
Casagranda attended sessions on the following topics: Affordable Care Act, Arctic Issues,
Lobbying the Legislature, Energy Use in Alaska's Public Facilities, and Small Community
Emergency Response Planning.
Terry attended sessions on the following topics: Economic Development Toolkit-Parts I &
Oil & Gas Workshop, Alaska Community Transportation Board,and Economy of Finance in State
& Local Governments in the United States.
Bardarson attended the Mayors' Conference where there were roundtable discussions relating
to road needs,education, PERS, Department of Transportation,pesticides,arctic issues,and the new
Federal Aviation Administration rules. She also attended AML sessions on the following topics:
FEMA Risk Mapping and USDA Rural Development.
Seward Recreation Committee Update by Chair Jena Petersen.
%ma
Planning and Zoning Commission Quarterly Report for 3rd Quarter, 2013.
City u/Seward, Alaska City Cuuncil Minutes
December 9, 2013 Volume 39, Page 24
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2013-105, Authorizing The City Manager To Enter Into A Special Contract With
The Seward Association For The Advancement Of Marine Science (SAAMS) For Adjusted
Electric Rates.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Alaska SeaLife Center Director Darryl Schaefermeyer supported this resolution and said
continuing this arrangement was critical for the SeaLife Center as it was the largest year-round user
of electricity in the city at 5 million Kilowatt hours.
Motion (Terry/Shafer) Approve Resolution 2013-105
By unanimous consent, council suspended the rules to allow Schaefermeyer to respond to
questions.
In response to Squires. Schaefermeyer said there were 85 permanent, full-time employees at
the Alaska SeaLife Center,but during the summer months that number rose to between 125 and 130
employees,and the annual payroll was about $3.7 million. Keil asked how many visitors the Alaska
SeaLife Center had this year and Schaefermeyer said this year's numbers exceeded all years since
2008.
Motion Passed Unanimous
Resolution 2013-106, Authorizing The City Manager To Enter Into A Special Contract With
Icicle Seafoods, Inc. For Adjusted Electric Rates For Seward Fisheries.
Notice of ihe 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 2013-106
Bardarson asked if the finance department had an opportunity to review, and Foutz said he
had signed off in lieu of the Finance Director.
Council directed administration to clearly document department head signatures on the
agenda statements in the future so it was clear who was reviewing and approving.
Motion Passed Unanimous
Resolution 2013-107,Recommending Kenai Peninsula Borough Approval Of The City Owned
Lot 4, Block 7,Fourth Of July Creek Subdivision,Seward Marine Industrial Center(SM1C),
Washdown Pad Replat, Located Within The Industrial Zoning District.
City nffSeward, Alaska City Council Minutes
December 9, 20/3 Volume 39, Page 248
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 (Terry/Keil) Approve Resolution 2013-107
In response to Casagranda, Long said the current Seward Ship's DryDock (SSDD) lease
agreement did not interfere with this resolution because the area of Block 7 dedicated to the
washdown pad had been"carved out"of the SSDD lease via this resolution. Casagranda asked if the
City Attorney had an opportunity to review this resolution and Brooking said she had no knowledge
of and not been involved in this replat.
Squires asked why this resolution did not require a subdivision agreement, as it was his
understanding that it would be required per city code, and Long answered that this resolution was
consistent with the SMIC development plan and he was unaware that there should be a subdivision
agreement required by code. Squires had an additional concern that the roads throughout this
subdivision had not yet been platted. Terry disagreed with Squires and thought the roadways should
remain flexible while the SMIC area was being developed. Acting Harbormaster Matt Chase said
that two corners of the new washdown pad infringed on the existing easement, and that was the
reason for this replat. He said this replat had any impact on the SSDD lease.
Motion to Amend (Terry/Keil) On the 7th Whereas, strike the word "a" so
the sentence reads: "...Block 7 is currently
serviced by private roads, municipal water,
sewer, electric and other utilities; no
subdivision installation agreement shall be
required; and,"
Motion to Amend Passed Unanimous
Motion Passed Unanimous
Resolution 2013-108, Authorizing The City Manager To Enter Into A New Lease With
Harmon Properties LLC For Lot 3, Block 3 Fourth Of July Creek Subdivision, Seward
Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording
District, Third Judicial District, State Of Alaska.
Long said administration had been working toward procuring more private investment to
move the SMIC project forward. To that end. Harmon Properties' wished to lease a parcel east of the
Alaska Logistics' lease with the intent to build a boat storage facility on this property. A requirement
of this lease would be that Harmon assumed all environmental responsibility for this property.This
would be a 20-year lease with two 5-year options to extend the lease.
Notice of the public hearing being posted and published as required by law was noted and the public
ejhearing was opened. No one appeared to address the Council and the public hearing was closed.
Motion (Terry/Shafer) Approve Resolution 2013-108
City of Seward, Alaska City Council Minutes
December 9, 2013 Volume 39, Page 2-/9
Keil asked if this lease would allow Harmon Properties to sublease the property, and Long
said a sublease could be approved by the City Manager on recommendation of the Harbormaster.
Terry was in support of this resolution and was happy to see a local company take this opportunity.
Motion Passed Unanimous
UNFINISHED BUSINESS - None
NEW BUSINESS
Ordinances for Introduction
Ordinance 2013-013,Authorizing Employees Of The Seward Community Health Center To Be
Non-PERS Employees Of The City For A Limited Time,And Amending Portions Of Titles 2
And 3 Of The Seward City Code.
Motion (Keil/Shafer) Introduce Ordinance 2013-013
Casagranda pulled this from the consent agenda because she thought there should be a
specified period of time built into the language of the ordinance. In response, Brooking said this
ordinance was designed to be more general than the contract itself,and would act as the guideline;in
that respect, the ordinance wouldn't have to be amended in the future, only the contract.
Squires asked why so much language from Title 2 was proposed to be removed. Brooking
said that the CHC would eventually be a stand-alone entity and the city would not have control over
the CHC board. Further, Brooking said the length of terms and the potential for having term limits
would be determined and set and governed by CHC Articles and Bylaws; only the size of the board
was governed by Federal law. Squires asked if the city would be responsible for the financial
decisions made by the CHC board, and Brooking confirmed that the city would be indemnified by
the construct of the CHC board's employment agreement.
Motion to Amend (Squires/Casagranda) Strike Section 2.40.040(B)which read,"The
city shall have the right to approve the
selection of an executive director of
SCHC."
Motion to Amend Passed Yes: Keil, Shafer, Squires, Bardarson
No: Terry, Casagranda
Main Motion Passed Yes: Keil,Shafer,Terry,Squires,Bardarson
No: Casagranda
Resolutions
imirr
Resolution 2013-114, Authorizing An Increase In The Project Costs For The Harbor
Restrooms Project In An Amount Not To Exceed $17,077,With Funding To Come From The
City ofSeward, Alaska City Council Minutes
December 9, 2013 Volume 39, Page 250
Commercial Passenger Vessel Tax, And Appropriating Funds.
Motion (Terry/Keil) Approve Resolution 2013-114
Long said this resolution was a continuance of the Harbor Restroom Project, but was not a
change order to the existing contract. Rather,this was a request to use additional state funds for other
necessary purchases not previously identified.
Motion Passed Unanimous
Resolution 2013-115, Authorizing The City Manager To Enter Into An Agreement With
Raibow Fiberglass And Boat Repair, LLC For Additional Land At The Seward Marine
Industrial Center.
Motion (Terry/Casagranda) Approve Resolution 2013-115
Long said this was to clarify and "tidy up" the existing lease with Raibow and prepare the
adjacent property for the upcoming lease with Harmon Properties.
Motion Passed Unanimous
Other New Business Items - None
INFORMATIONAL ITEMS AND REPORTS umi
City and Providence Financial Reports for September and October 2013.
Seward Mural Society information packet regarding the friendship mural created in Obihiro, Japan
in September of 2013.
COUNCIL COMMENTS
Keil congratulated Officer Woodard on joining the Police Department,and she was happy to
see another young family move to Seward. She also thought the Christmas craft fair was well
attended, and encouraged everyone to attend the Breakfast with Santa next weekend.
Squires congratulated Officer Woodard and said, having worked with Woodard in the past,
Squires thought he was a fine individual and a quality worker. He hoped administration would
encourage department heads to volunteer as fire fighters and/or EMTs.
Shafer said she experienced first-hand the responsiveness of the Seward Volunteer Fire
Department because she had had a chimney stack fire. She commended the fire fighters for being fast
and efficient, and was very appreciative. She wished everyone a Merry Christmas.
Terry expressed her condolences to the Fletcher family. She thanked the Alaska SeaLife
Center for their annual Christmas party, and for continuing the free Alaska resident visitations on
Wednesdays. She said the Museum, although closed throughout the winter, was open to the public
Cily of Seward, .41aska City Council Minutes.
December 9, 2013 Volume 39, Page 251
on Saturdays free of charge. She thanked the Seward Community Foundation for their hard work.
And, she encouraged people to apply for the Planning and Zoning Commission. She wished everyone
Iry a Merry Christmas.
Bardarson congratulated Norm Regis for receiving the Employee of the Year Award, and
thanked Kim Kowalski-Rogers for her years of service. She thanked the Alaska Railroad for
providing the terminal building for the Christmas craft fair. She expressed her condolences to the
families of Chet Thorne and Skip Fletcher and to Jim Hunt in the loss of his father. She wished
everyone Happy Holidays and Merry Christmas.
CITIZEN COMMENTS
Linda Paquette said the ADEC was finishing the city's Notice of Violation and the city
could expect to receive it very soon. She didn't understand why the city couldn't get a quote or
estimate for the desludging and removal of sludge for the Lowell Point Sewage Lagoon. She thanked
everyone for listening, and wished everyone Happy Holidays.
Dave Paperman, speaking as a CHC board member,thanked council for amending the CHC
ordinance tonight.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Keil suggested the city use some money from the General Fund for some infrastructure
improvements in the city, including sludge removal and sidewalk improvements.
Terry was concerned that the city was not exercising all the contractual requirements and
opportunities, such as approving the selection of the executive director as Paperman stated, and
encouraged council to adhere to all contractual obligations and not"pick and choose"what it would
adhere to.
Squires fully appreciated the concerns expressed by Paquette, and encouraged the Lowell
Point citizens to be patient with the procurement process the city required. He also hoped the CHC
board crafted and proposed a good, thorough and citizen-minded contract.
Long said, regarding the Lowell Point Sewage Lagoon, the city's procurement process was
cumbersome, but it was necessary to do it properly.
ADJOURNMENT
The meeting was adjourned at 9:17 p.m. /Gado/wok-I
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