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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. J hanna Ki' y, CMC •.••t' ' Jan Bardarson C ty Clerk •';�1 �,...Ot fiy, : Mayor G>..•'06:PO „'� 'a (City Seal) ° SEAL '.°_ d� • . try, •. jpF �. ,�,