HomeMy WebLinkAbout09222014 City Council Minutes City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 401
CALL TO ORDER
The September 22, 2014 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
Marianna Keil Ristine Casagranda
Christy Terry David Squires
Iris Darling
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Absent—Dale Butts
At the request of the Mayor, the City Council suspended the rules to allow for a moment of
silence for the late Patricia Williams.
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Margaret Anderson and Sue Magyar asked the council to support a senior center housing
complex in Seward. A community group had been gathering information and data to pattern the
facility after the one in Cooper Landing,which had income-based rental units.The city currently had
low income and full nursing housing, but this new complex would be housing for active seniors in
the area. They appreciated future lobbying support. Magyar added there seemed to be interest in
seniors to be centrally located in town.
Sue Lang thanked the council and the city for the last ten days as they worked on Lowell
Point Road and the waterfall, which were overly active with rainfall. Staff attended to this issue
quickly and with care for the residents of Lowell Point. Lang added staff did a great job grating
Lowell Point Road today. There had been a lot of concern and compassion shown over the sewage
issue.
Kit Durnil, General Manager of Resurrection Bay Seafoods, spoke on the maintenance of
Lowell Canyon Waterfall. He was concerned with the outfall of the waterfall, which during heavy
rains,tended to place material south of the waterfall that impacted his business.It appeared the water
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 402
was flowing naturally,but he asked the city to use care when forcing that water to flow south.He had
to do dredging because of past practices like this. He agreed with Lang that steps were taken post
event of the heavy rains last week,but felt they could have taken some steps to prevent the erosion of
the road.There was no equipment on scene until erosion had occurred and it affected the residents of
Lowell Point and his business.He appreciated that during the last occurrence the outflow was going
in the right direction. Durnil hoped there could be a better balance between protecting city and
private assets.
Karin Sturdy, Director of Parks and Recreation, gave council some statistics based on
questions from previous meeting. The Teen Rec Room was doing really well with attendance. She
handed out some information and informed council she would like to come back at the end of the
season to report on the day camp attendance. Staff intended to follow up with more information.
Regarding the automatic pay stations, a station had not been set up for sewage dumping, but the
revenues for camping and showers were up.Sturdy stated she would bring more information after the
season ended.
Doug Ward, Director of Shipyard Development of Vigor Alaska, introduced himself to
council.He commended their hiring someone to conduct an electrical rate study.Ward stated he had
been with the shipyard in Ketchikan since 1994. Ward was involved with the Alaska Workforce
Investment Board,the Resource Development Council Board,and the State Chamber Board,as well
as several local Ketchikan organizations.
By unanimous consent, council agreed to suspend the rules to allow Doug Ward to speak for
three more minutes.
Ward continued that maritime industries in Alaska were gaining attention all over the state.
He looked forward to putting together the Vigor Alaska legislative agenda and hoped to work with
the City Manager to learn what the city's legislative issues were.
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:
Approval of the July 14, 2014 and the July 28, 2014 Regular City Council Meeting Minutes.
Appoint Mark Kansteiner,Rose MacSwain,Mary Williamson,James Herbert,Patty Linville
and Vanessa Verhey to the Election Board for the October 7, 2014 City Election.
Appoint Dorothy Osenga, Susie Urbach, Jennifer Carr, Kristi Larson, and Katie Larkin
(back-up) to the Canvass Board for the October 7, 2014 City Election.
Appoint Tom Swann to the Planning&Zoning Commission with a term to expiring February,
2016.
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 403
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
,,. Proclamations & Awards -None
Chamber Report, Cindy Clock stated the Seward Economic Growth Plan Alternative
Energy Group was meeting and was looking at an energy summit/fair to be held locally in the future.
The chamber interior remodel was in full swing and Clock was pleased with the progress. Their
temporary offices were in Suite B at the Holiday Inn Express. The Resource Development Council
was recently in town,touring the area and the industries that drove Seward. Staff was working with a
webmaster on a new and improved version of the online community calendar. Meet the Candidates
Night was scheduled for September 25,2014.All three Kenai Peninsula Borough mayoral candidates
would be in attendance,as well as the Seward City Council candidates.Peter Micciche would be the
chamber luncheon guest speaker on October 3, 2014. The Seward Music and Arts Festival was
coming up at the end of the month, and the Alaska Historical Society and Museums Alaska groups
would be holding their joint conference in Seward in the beginning of October.The Seward Chamber
of Commerce designated the maritime industries position as one of their top priorities.The maritime
industry was the largest industry in the state but difficult to analyze and they were urging the state to
provide a comprehensive analysis.The trial for the missing Mount Marathon runner was set to begin
October 22, 2014 and the chamber was looking forward to their day in court. Harbormaster Funk,
Andrew Mezirow and Clock would be attending the Pacific Marine Expo November 19-21,2014 in
Seattle. The chamber board election declarations were due October 21, 2014.
City Manager's Report, City Manager Jim Hunt stated the following purchase orders
between $10,000 and $50,000 were approved by the City Manager since the last council meeting:
$16,605 to Jackovich Industrial&Construction for graders in preparation of winter;and,$10,000 to
Metco, Inc. for debris removal at the Lowell Creek Waterfall.
On September 12,2014,Lowell Creek began sending debris through the tunnel and down the
waterfall. Public Works staff, along with Metco, was able to keep the bridge open most of the day
with very few closures. A partial Notice to Proceed was issued to Merrell Bros. Inc.,to commence
work on the sludge removal and disposal contract. Sludge removal and disposal could not begin until
all permits for the disposal were obtained from the State Department of Environmental Conservation
(DEC).Work was expected to begin in early April. Four new aerators arrived and were in the process
of being installed at the Lowell Point Wastewater Facility. A notice to Lowell Point Residents was
sent out on September 9, 2014 advising them of the contract award to Merrell Bros., Inc. and
progress resolving the lagoon issues. The city's email server was not able to send to Hotmail,MSN,
or Microsoft Outlook emails, so not everyone on the list was notified.Administration was awaiting
technical support from IT to add the information to the city's website.
Representatives from the United States Department of Health and Human Services were in
Seward this week to survey the Community Health Center and the progress that it had made in
meeting the 19 program requirements for Federally Qualified Health Centers. The survey was very
successful and provided a comprehensive list of priority items for the clinic to work on to achieve
success on meeting all program requirements.
On September 15,2014,the Harbor Department welcomed an unannounced spot check visit
from Coast Guard security inspectors and no problems were reported. The breakwater rock
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 404
production contractor started to mobilize at the city quarry. Blasting work may start as soon as
September 26,2014.The Harbor Office would be closed on Sundays from October 5,2014-March a NI
31, 2015. Maintenance workers would be on duty and all scheduled customer requests for service
would be honored.
Parks and Recreation was busy planning for the Pumpkin Prowl and the Family Masquerade
Ball on October 25, 2014 and the Halloween Carnival on October 31, 2014. After School
Program attendance was steadily increasing and the Teen and Youth Center was now accepting
applications for Teen and Youth Councils for the 2014-2015 school year. The Seward Sports
Officials Association (SSOA) and Sports and Recreation Department were holding a meeting on
September 23, 2014 to introduce SSOA and increase the number of participants in the association.
Parks and Maintenance crews were winding down from the summer season and would close most
camping areas October 1, 2014, except for the Resurrection Campground which would be used for
winter camping.
In response to council inquiry, Hunt stated the testing equipment offered by Mr. Ogen who
spoke at the last meeting was not the right size for the environment,but Hunt would disseminate the
results to the public when they were available. Public Works Director W.C. Casey stated his
department hoped to install the new aerators this week. Merrell Brothers would not be able to
transport their equipment now as they had to wait on permitting and a full notice to proceed. Casey
stated staff had 100 pounds of calcium nitrate on hand and were administering 14 pounds a day at the
sewage lagoon. The pond was improving, Casey wanted to apply enough to keep the smells from
returning. They would continue to have it on hand and had more coming. Regarding the waterfall,
Casey stated they did not direct the water toward the cannery, but with tides it was difficult to
control. It was suggested the city talk with a hydrologist and Hunt added he could speak with the
Army Corps as well.
Other Reports, Announcements and Presentations—None
PUBLIC HEARINGS
Resolution 2014-076,Authorizing The City Manager To Enter Into A Consent To Assignment
To Seward Lodging III,LLC To The Lease Agreement 04-017 With Charles S.Bald,For 8,357
Square Feet,Lot 6,Block 1,Marina Subdivision,Kenai Peninsula Borough Plat S-51,Seward
Recording District, Third Judicial District, State Of Alaska.
*City Attorney William Earnhart was present for this resolution via telephone.
Motion (Terry/Casagranda) Approve Resolution 2014-076
Hunt explained the lease assignment before the council tonight and emphasized this did not
change the rights of adjoining parties. Harbormaster Mack Funk stated Marina Restaurant owner
and lessee Charles Bald sold his business to Elliot Jackson of Seward Lodging III,LLC. Should the
city approve this assignment, the buyers would replace Bald as lessees. Administration
recommended approval of assignment.
City of Seward,Alaska City Council Minutes
September 22, 2014 Volume 39, Page 405
Funk said there were some complications with issues of access to adjoining properties that
had no rear access from their buildings. He reiterated the proposed assignment did not recommend
any access changes at this time.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Dot Bardarson thought she was done with this lease nine years ago, who in the past had
leased an adjoining property. When she was a lease holder she worked out an agreement to allow
access from north harbor to enter her building from the rear. Otherwise, they had to bring in
everything from the front. They had an agreement for 16 years where they paid for access privileges,
and things were unpleasant between the business owners involved. She sold her building and the
current owners were able to establish a passage way from the Breeze Inn to the former Bardarson
Studio which worked great. Another adjoining property,the House of Diamond Willow was sold to
the Darlings and they were landlocked. As Bardarson understood it,the only time they could make
changes was when a new lease was before the council. She felt if they suggest owners work it out
themselves it could be very difficult and would not likely be successful. If there was an alley back
there, she would have worked forever. Bardarson showed a diagram of the properties in question.
Marci Nelson introduced the owner of the business currently occupied in Iris and Hugh
Darlings building, the Alaska Starfish Company. They used the back as a necessary part of their
business. They needed to park and come and go. They had made a real effort last year to be open
during some of the winter for community building. One thing that was important was choosing the
community to build a business in, and Nelson was welcomed to Seward ten years ago. They now
operated in the harbor and didn't plan on going anywhere. She currently parked in the back and
appealed to the council as a community member to provide the access the store owners need.
Toni Strauss, member of Seward Lodging III, LLC, stated the purchase agreement was to
purchase as is. Their feelings were this sudden desire to change the lease was unjust and felt no one
else along that stretch had that vehicle easement. Strauss felt this wasn't right to ask for and did not
think they should be singled out.
No one else appeared to address the Council and the public hearing was closed.
Darling stated she was an adjacent property owner and asked for the mayor to rule on a
potential conflict of interest. She felt it was a city issue and not necessarily an issue of her as a
business owner. Bardarson stated if they were only to talk about the reassignment, there was no
conflict, but if they talked further of the easements, a conflict would exist. City Attorney Will
Earnhart said this issue dated back many years. The assignment before the council did not change
anything as proposed. The city had leverage to require an easement,but the resolution proposed did
not include that leverage. The leaseholder would take the position the easement was not necessary.It
came down to a question on what was the city willing to do in this scenario. He agreed with the
mayor's assessment of a conflict.
Darling believed she had a conflict and left the dais.
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 406
Terry asked if there was a reason the lease was not signed prior to the packet preparation.
Funk said the title company was insistent the council was to agree to the terms prior to the other
parties signing.
Squires stated as the former Fire Chief, he was involved in the review of these buildings as
they were being built. The idea for reconfiguration was because the Breeze Inn was going to expand
over their lot.Then the other stores came up.The alleyway went away because it couldn't go through
a property. It was agreed the new building's utility easement would be used as an access,but it was
very narrow.He requested an alley way be put in there for emergency access.The problem was with
having a dedicated alleyway;crews couldn't maintain and clear with their equipment.He was still in
favor of having an alleyway. The city never planned out the harbor with regard to businesses and
never thought about their deliveries or service needs. Squires couldn't support this resolution
because these needs had not been taken care of. The city needed to fix this and remove the
congestion on the streets. He apologized to the new people coming into this lease, but it was
important.
Terry felt they weren't working with enough information before them. It would be great to
have a work session with the leases in front of them and plats and maps to look at the relevant items.
Keil noted Squires made a public interest finding with the emergency access needs. She asked
if this had been vetted through the Planning and Zoning Commission. Hunt said it had not,due to the
fact that this was just a reassignment. Hunt said time was of the essence.
Motion (Terry/Casagranda) Schedule a work session on October 6,2014
at 5:30 p.m. to discuss looking at the three
harbor leases and plats in question.
Motion Passed Unanimous Consent
Motion to Postpone (Terry/Casagranda) Postpone Resolution 2014-076 to the
October 13, 2014 Regular Meeting.
Motion Passed Unanimous
Councilmember Darling resumed her seat on the dais.
UNFINISHED BUSINESS—None
NEW BUSINESS
Resolution 2014-077,Using The State's Competitive Procurement Provisions And Authorizing
Purchase Of A New Dodge Journey SXT In The Amount Of$23,939.00, And Appropriating
Funds.
Motion (Terry/Squires) Approve Resolution 2014-077
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 407
Electric Utility Manager John Foutz explained the vehicle purchase before the council was
to replace an Electric Department vehicle that was involved in an accident and destroyed this
summer.
Terry had a hard time upgrading vehicles at this time.It was the city's intent to downsize the
fleets when not needed.
Foutz stated his department had been sharing vehicles since June,but different jobs required
different sized vehicles. This vehicle would have more safety when travelling to and from
Anchorage. Hunt stated the gas mileage was good. Foutz confirmed they were proposing spending
essentially$2,000 more than the vehicle they originally purchased. Hunt noted they were using the
state procurement list.
Keil reaffirmed they were being reimbursed for the cost of the original car through the
insurance company.
Motion Passed Unanimous
Resolution 2014-078, Authorizing The Purchase Of A Replacement Vehicle For The Public
Works Department,Unit#131,In An Amount Not-To-Exceed$31,865 Utilizing The State Of
Alaska Department Of Transportation Contract#1900-14-2.
Motion (Keil/Casagranda) Approve Resolution 2014-078
Casey said the shop truck with the fuel tank that included welding tanks,and carried 500-600
pounds of tools was very outdated and needed replacement. He thought the mileage on this vehicle
was around 119,000 miles. They were proposing to upgrade from a one ton vehicle to a ton and a
half.
Terry asked about the truck and truck box they were replacing, and if they could use the
original truck box. Casey said the existing vehicle was a Chevy and the new vehicle was a Ford,and
they were not compatible. He added the purchase of the truck box would go through the required
procurement quote process.
In response to Darling,Casey stated they wanted to move from a 350 to a 450 truck to be able
to haul fuel, welding tanks, possibly attach a small crane, and they wanted to mount a plow on the
front. It was intended to have more versatility.
Terry thought it looked bad when a department vehicle that went into surplus was purchased
by an employee of that department. Employees should be held to a higher accord and perhaps the city
should have a surplus policy to restrict employees from making bids on vehicles.
Squires stated Butts was at a fire fighters conference and not in attendance tonight.He noted
Butts wanted Squires to state he had concern for the purchase of this one and would like to see
t`,.. vehicles repaired more. Squires thought Terry's comments restricting employees purchasing surplus
vehicles infringed on the public's rights. Terry argued that staff had insider knowledge of the
vehicles.
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 408
Hunt added the vehicle needing replacement was a 1993 Chevy. It needed replacement.
Darling added even though the vehicle replacement was budgeted,it didn't mean they should
spend it. Hunt agreed, but they needed this vehicle to be replaced.
Bardarson said this vehicle was only used 6,000 miles a year.Keil said to Darling they went
through an excruciating process of vehicle approval last budget and council only allowed
replacement of critical vehicles to be budgeted. Hunt confirmed it would not be a vehicle that would
be driven home by staff, it was a work truck.
Motion to Postpone (Casagranda/Keil) Postpone Resolution 2014-078 to the
October 13, 2014 Regular Meeting.
Council indicated they would like to see the additional purchase of a truck box and other
accessories come back to them for approval,rather than be purchased by the department through the
procurement process.
Motion to Postpone Passed Unanimous
Resolution 2014-079, Authorizing The Purchase Of A Replacement Vehicle For The Public
Works Department,Unit#120,In An Amount Not-To-Exceed$29,557 Utilizing The State Of
Alaska Department Of Transportation Contract#1900-14-2.
Motion (Ter 1 /Casa randa) Approve Resolution 2014-079
Motion to Postpone (Casagranda/Keil) Postpone Resolution 2014-079 to the
October 13,2014 Regular Meeting.
Motion to Postpone Passed Unanimous
Other New Business Items
INFORMATIONAL ITEMS AND REPORTS
Certificate of Welcome for Mexican Tall Ship Cuauhtemoc.
COUNCIL COMMENTS
Keil agreed with Terry to a certain point on her comments about purchasing vehicles in the
city surplus sale;perhaps the auction needed more notice to get a wider range of people. She hoped
everyone attending the Seward Music and Arts Festival a good time this weekend.
Terry said when she was the Assistant City Clerk;she used to bring Pat Williams her ballot.
Pat was a huge part of this town and would be sadly missed. She appreciated the work done at the
waterfall this weekend. She wished everyone a Happy Rosh Hashanah.
City of Seward, Alaska City Council Minutes
September 22, 2014 Volume 39, Page 409
Casagranda said kids were performing at the music and arts festival. She was impressed and
happy with the consultant they hired to review the city's electrical rates. Casagranda was shocked at
how much of the brunt small business took for this town. People in Seward needed to be aware of
this and lobby their members for change.
Squires thanked council for their comments at the last meeting when he was ill.He was glad
they did not go through with the purchase of the vehicles tonight. He hoped staff would do better on
the resolutions and have fewer mistakes, as well as better justification for the purchases. The high
school football team did well recently in Valdez;they appeared on target for the state championships.
Darling thanked everyone who came to the meeting tonight and spoke on the issues and
encouraged more involvement in the government process.
Bardarson thanked and congratulated Jamie Fredrickson on being awarded Volunteer of the
Year by Parks and Recreation. She wished the City Clerk a Happy Belated Birthday. She hoped
everyone would enjoy the Seward Music and Arts Festival this weekend.
Casagranda thanked Tom Swann for applying to the Planning and Zoning Commission.
CITIZEN COMMENTS
John French spoke on the conversation of the sediment from the waterfall. He reminded
there were three entities in that area-the Alaska SeaLife Center,the Seward Marine Center,and the
Alutiq Pride Shellfish Hatchery — that had deep sea water intakes and known problems with silt
intake. If problems occurred on their deep water screens it would be expensive. French implored
council to consider all the entities in that area when considering the best way to deal with emergency
situations.
Sue Lang was concerned with Hunt saying the start date for the sewage lagoon dredging
project might be April 30,2015 and Hunt corrected himself and confirmed March 30,2015. She said
council was a remarkable group of volunteers and they should be commended. The amount they get
paid was minimal and Lang appreciated all they did.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 9:13 p.m.
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