HomeMy WebLinkAbout11212016 City Council Minutes City of Seward, Alaska City Council Minutes
November 21, 2016 Volume 40, Page 142
CALL TO ORDER
The November 21, 2016 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
Deborah Altermatt Sue McClure
Dave Squires Erik Slater
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Will Earnhart, City Attorney
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Orson Smith, the city's representative on the Prince William Sound Regional Citizens
Advisory Council (PWSRCAC), gave a brief update on the council. He noted the PWSRCAC was
founded in 1989 and mandated by the Oil Pollution Act of 1990.They had a new Executive Director,
Donna Schantz and Smith felt that she was doing a great job. The proposed changes by the State of
Alaska to the Alaska Unified Plan had been withdrawn; the city had expressed opposition to this
proposal earlier in the year.
Kelley Lane asked about the campgrounds in town and the occupancy of the city
campground.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Slater stated he owned a restaurant in town and maintained permits to sell beer and wine with
the Alcoholic Beverage Control(ABC)Board and asked for a ruling on a potential conflict of
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November 21, 2016 Volume 40, Page 143
interest in the approval of the liquor licenses on the consent agenda tonight. Bardarson ruled
no conflict existed and there was no objection from council.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2016-074, Supporting The Seward Area Public Transit Human Services
Community Coordination Plan To Be Submitted To The State Of Alaska Department Of
Transportation And Public Facilities.
Resolution 2016-077,In Support Of Proposed Changes To Alaska Statutes Chapter 30.30 And
05.25 Improving The Management And Prevention Of Derelict Vessels.
Resolution 2016-078,Accepting Funds From The Alaska State Library For The Public Library
Assistance Grant In The Amount Of$6,900.00 And Appropriating Funds.
Approval of the September 26, 2016 and October 10, 2016 City Council Regular Meeting
Minutes, and the October 24, 2016 City Council Special Meeting Minutes.
Schedule a work session with BDO (city auditors)to review the 2015 Comprehensive Annual
Financial Report (CAFR) for December 12, 2016 at 6:00 p.m.
Approval of the liquor license transfers of beverage dispensary liquor license #822 for
Christo's Palace and package store liquor license#3909 for AK,Inc d/b/a Seward Marketplace
(formerly Three Bears Alaska, Inc.).
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Recognition of 2016 State Firefighter Award Recipients:
Firefighter of the Year Austin Chapman
Del Moffitt Award Recipient Jilian Chapman
Ken Ackerly Fire Service Leadership Award Recipient Eddie Athey
Recognition of Dale Butts for his service on the Seward City Council.
Chamber of Commerce Report. Cindy Clock stated Robert Parsons joined Seward
representatives at the Pacific Marine Expo this year. Parsons traveled to Seward to teach Ice
Navigation at the AVTEC Maritime Academy. Clock passed out community award nominations to
the council. The Chamber's website, seward.com, was up and totally mobile compatible and
responsive.The Chamber's Rise and Shine! Seward Business Network meetings continued,with the
next occurring December 1,2016.This group was also promoting the"Light Up Winter!"campaign.
She reminded residents to shop local on Black Friday and Small Business Saturday.There would be
two Chambers Luncheons in December: December 2, 2016 with Patty Linville of the Seward
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November 21,2016 Volume 40, Page 144
Community Foundation and December 9, 2016 with representatives from Joint Base Elmendorf-
Richardson (JBER) on the Northern Edge training exercise occurring in 2017. The annual tree
lighting ceremony would be December 1,2016,and the Holiday Arts and Craft Bazaar on December
2-3,2016.The Chamber offices would be closing between the Christmas and New Year's holidays.
City Manager Report.Jim Hunt reported the following purchase orders between$10,000
and $50,000 were approved by the City Manager since the last council meeting:
• Fire - $32,025.00 to Storm Chasers for maintenance and repair work for the fire
boat
• Roads and Streets- $37,291.28 to Construction Machinery for repair to the Volvo
road grader differential
• Public Works- $13,870.80 to Univar for salt and calcium chloride
• Buildings - $20,681.00 to Otis Elevator to replace a traveling elevator cable
Hunt announced that the carpet renovation project came in under budget and the city did not
have to touch the contingency funds for the project.
In response to Altermatt, Fire Chief Eddie Athey stated the city had owned the fire boat
since 2005 and had performed deferred maintenance on it in the past,but it was to the point where
they could no longer defer. Part of the money appropriated would install an in-cabin heater. Athey
stated the outboard engines had 500 hour servicing performed on them and they were fine.The pump
motor was what was being fixed.
In response to Casagranda,Hunt stated the Air Force Recreation Camp had taken over two
years in terminating their lease with the city,and it was still not yet terminated.The Air Force needed
to clean up the leased land prior to giving it back to the city. He anticipated the property to be
cleaned next spring at the latest.Hunt noted the city had record camping attendance this last year and
didn't think the closure of the camp hurt the city.As far as what would happen to that land,it would
need to be determined in a public fashion.
In response to Casagranda,Hunt stated at this time,the Friends of the Jesse Lee Home had a
valid contract with the city and time to meet the criteria of that contract.
McClure requested an update from city staff on the two day meetings hosted by the US Army
Corps of Engineers regarding the Lowell Canyon Tunnel in October. She formally requested some
kind of report. Hunt didn't have anything from the meeting, as it was the Corps' meeting.
In response to Keil, Electric Utility Manager John Foutz stated the department's current
priority was on construction orders until the ground froze, in addition to an outage needing repair.
They planned to hang holiday lights the week after Thanksgiving. In response to McClure, Foutz
stated the department would be focusing on street light repairs after the construction season ended.
He said to please call the utility counter if anyone in the public observed a light out.
Bardarson commented that she had spoken with Harmon Construction,who completed the
City Hall carpet renovation project,and she was told one of the reasons it was under budget was the
city's decision to use some linoleum in place of carpet and also because the employees did a lot of
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November 21, 2016 Volume 40, Page 145
the packing and moving of items. She thanked Executive Liaison Jackie Wilde for doing a great job
as Project Manager.
City Attorney Report. Will Earnhart reported on the Orion litigation: costs and fees of
almost$19,000 had been awarded to the city and the city had prevailed against Orion's Motion for
Reconsideration. Orion appealed the Judgment and was unwilling to discuss settlement. Earnhart
stated the state's Open Meetings Act stated members of a governing body cannot be together in a
group larger than three of the body, but that a meeting also had to occur in which they discussed
matters on which they were empowered to act. He stated the downside to this caveat was that the
laws were read in the eyes of openness and transparency.
Other Reports, Announcements and Presentations
Informational presentation about the Exercise Northern Edge biennial training exercise
to be conducted in the Joint Pacific Alaska Range Complex,a vast region of land and
airspace encompassing parts of the state and areas within the Gulf of Alaska in May,
2017.
2016 Seward Community Foundation Presentation by Advisory Board President Patty
Linville.
Seward High School Hybrid Program Presentation by Trevan Walker. (McClure)
Alaska Municipal League Travel Report by Mayor Bardarson, Council Members
Casagranda and Slater.
PUBLIC HEARINGS
Resolution 2016-072, Authorizing The City Manager To Enter Into A New Lease With
Hamilton Construction,LLC For Lot 1,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.
Motion (Keil/Casagranda) Approve Resolution 2016-072
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.
Alterman commented that it was great to see Hamilton Construction coming to Seward and
wanting to be part of our community.
In response to Squires,Deputy Harbormaster Matt Chase stated the land use was intended
for vessel and marine equipment storage. Chase said the lessee would be responsible for making
improvements to the property as needed.They did not have sewer utilities at this time.Chase stated
there were facilities for public use in that area.
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November 21, 2016 Volume 40, Page 146
Casagranda wanted to know what the Alaska Industrial Development and Export Authority
(AIDEA)report of this area recommended. She thought it was prime land and didn't understand why
the city would give this away for this type of use. Hunt felt this was an ideal match and noted the
lessee intended to build on the property. Hamilton Construction had performed millions of dollars
worth of construction in Seward, and in his mind they could not find a better business partner.
Keil said Hamilton felt like a local company already and she supported this lease.
Squires agreed with needing the plan for this area but also felt with the improvements
intended for this property, it was in the public's best interest to move forward. Regarding the land
west of the proposed site, Harbormaster Norm Regis stated there would be a lot available
according to the proposed plans at the Seward Marine Industrial Center(SMIC)for development.It
could be for nearly anything, including a store, a restaurant, etc.
Motion Passed Yes: Slater, Squires, McClure, Altermatt,
Keil, Bardarson
No: Casagranda
Resolution 2016-073,Rescinding And Replacing Resolution 84-104 Approved By The Seward
City Council On August 31, 1984,And Authorizing The Transfer Of Parcel A-1 Spring Creek
Correctional Facility,To The State Of Alaska Department Of Natural Resources,As The Site
Of The Spring Creek Correctional Facility, Subject To A Reversionary Interest By The City
Of Seward.
Motion (KeiLlCasagranda) Approve Resolution 2016-073
Earnhart said when the borough was mapped out,they kept a parcel across the bay for the
intent of building a prison. When the state built such a prison in the 1980s, the city managed the
bonds for it and the borough transferred the land to the city. Eventually the bonds were paid off and
through many channels and many negotiations,the city was ready to give this land back to the state
with a reversionary interest that if the facility closed, the land would be given back to the city.
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.
Squires asked how the easements going into the facility would be protected, as well as the
fire lane required to the back of the housing buildings. Finance Director Kris Erchinger said the
easements stopped at the fence line and any properties inside that line would be the responsibility of
the state. She didn't recall the access agreements in terms of fire access.Hunt said they could pursue
annual agreements for infrastructure and access,too.
Motion Passed Unanimous
UNFINISHED BUSINESS—None
NEW BUSINESS
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November 21, 2016 Volume 40, Page 147
Resolution 2016-075, Urging The Alaska Legislature And Governor To Fully Fund The
Municipal Harbor Facility Grant Program In The FY 2018 State Capital Budget.
Motion (Keil/Casagranda) Approve Resolution 2016-075
Regis said in the past, harbors throughout the state had supported Seward in their grant
efforts, and this was a reciprocal measure for Seward to support other communities in the state.
Casagranda stated this resolution was presented at the Alaska Municipal League (AML)
Conference last week and the organization amended it to take out mention of the 2018 budget and
amount,so it became a broader statement.Hunt appreciated Casagranda mentioning this,but read the
legislation being specific to the 2018 capital budget.
Motion Passed Unanimous
Resolution 2016-076,Support Of The Addition Of Port And Harbor Employees To The List Of
Employees Covered By Alaska Statute 12.55.135.
Motion (Keil/Squires) Approve Resolution 2016-076
Regis clarified that this proposed addition to state statutes did not affect PERS or retirement,
but that it was a simple protection of harbor workers. Currently, if someone assaulted a harbor
worker,they would get a sentence but not jail time.If this was approved,the offense would require
mandatory jail time. Regis stated harbor personnel were uniformed workers and he wanted them to
have more protection.
Keil mentioned that currently a lot of sentencing laws were changing. Regis said this
movement began last year before any new sentencing requirements went into effect.Hunt said it was
meant to be a deterrent.
Altermatt asked if any training would be required of the workers if this was approved.Regis
said harbor workers were defined as first responders,not public safety officers.They were very much
first responders in the harbor. He could look into additional training for his workers.
Slater asked if this coverage was common throughout the state.Regis said this effort was to
make this change statewide,and all harbormasters were bringing this forward to their councils.Some
had voted for it, some had not.
Casagranda said this was discussed at AML and a lot of people were not in support of it,
mostly because the way charges were being reduced in this current day.
In response to Keil, Regis said harbor office personnel would likely be included in this
measure. She stated she supported employees,but wasn't sure she could support this.
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November 21, 2016 Volume 40, Page 148
Squires thought this was a good position to take.He agreed with Keil,but they didn't get into
the prosecution on issues as a city. He would like to see more definitive protections for the city's
responders.
Motion Passed Yes: Squires, McClure, Slater, Bardarson
No: Casagranda, Altermatt, Keil
Resolution 2016-079,Authorizing The City Manager To Purchase A 2017 Ford Explorer Police
Vehicle From Cal Worthington Ford For A Price Of$34,979 Utilizing The State Of Alaska's
Competitive Procurement Process, And To Purchase Accessories And Equipment From
Various Vendors For A Total Amount Not To Exceed$46,000.00,And Appropriating Funds.
Motion (Keil/Casagranda) Approve Resolution 2016-079
Police Chief Tom Clemons said there had been an unfortunate incident happen recently
involving an older patrol car. The damage caused was more than the vehicle was worth,so therefore
it needed replacement. He stated a lot of the equipment from the old vehicle would be put into the
new vehicle to save money.
Keil asked to be informed when there were accidents on city vehicles. Hunt said he could
provide that information in the future to council. Clemons said this particular vehicle was self-
insured because it was so old,so the city's insurance company,AML/JIA,wasn't even aware of this
accident.
Motion Passed Unanimous
Resolution 2016-080,Authorizing The Expenditure Of Not To Exceed$110,000 To Hamilton
Construction Ltd For The Purpose Of Emergency Erosion Protection To City's Waterfront,
And Appropriating Matching Funds In The Amount Of$60,000.
Motion (Keil/Casagranda) Approve Resolution 2016-080
Hunt said the complete project cost for this erosion protection on the waterfront was
$110,000. The city received$50,000 from the Kenai Peninsula Borough Seward Bear Creek Flood
Service Area Board for this project. The city needed to appropriate $60,000 to complete their
commitment. Hamilton Construction had already made the repairs and did a good job.
Motion Passed Unanimous
Resolution 2016-081,Authorizing A Sole Source Contract With Sturgeon Electric For A Joint
Communications Project With TelAlaska Communications To Bore Under Snow River For An
Amount Not To Exceed $89,951.40, And Appropriating Funds.
IIMotion (Keil/Casagranda) Approve Resolution 2016-081
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November 21, 2016 Volume 40, Page 149
Foutz said TelAlaska had a project along Snow River,unrelated to the city's bank erosion
issue.Doing this under river work in conjunction with another utility was a benefit to the city,as this
was a costly service.
In response to Casagranda, Foutz said the work previously done by the city addressed the
river bank and not the poles. The area Sturgeon Electric was working in was parallel to the work
done earlier by the city.
Squires asked if this would interfere with TelAlaska's equipment. Foutz said it would not;
they would be boring a second line for the city.
Motion Passed Unanimous
Resolution 2016-082,Authorizing The City Manager To Enter Into A Sole Source Purchase
Agreement With Alaska Pump & Supply, Inc. To Replace #1 Lift Station Pump, For An
Amount Not To Exceed$32,918.00,And Appropriating Funds.
Motion (Keil/Casagranda) Approve Resolution 2016-082
Public Works Director Doug Schoessler said they had replaced a few of these pumps
already due to an aging system. Public Works had three lift pumps for each station, two in the
station,one standing by on the shelf.It was about a three week endeavor to get a pump rebuilt.This
current pump was rebuilt so many times the companies would not rebuild it anymore,so it was time
to replace it.
In response to Squires, Schoessler said the new pump would be built to slide right in,so no
modifications to the lift station needed to be made. Hunt thought this could be put on the city's
critical infrastructure needs list.
Motion Passed Unanimous
Other New Business Items
Formal recommendation from the Seward Community Health Center Board of Directors
regarding the reconsideration of the Co-Applicant Agreement.
Council Suspended the Rules to allow Seward Community Health Center Director Pat Linton
to speak.Linton said he was not a board member,but was speaking on their behalf.The board voted
to recommend to council that the status of the health center employees as city employees continue
per the co-applicant agreement for another three years, which would be to February, 2020. The
original provision for the status of the employees expired in 2017. Linton noted the only thing the
Seward Community Health Center(SCHC)employees were participating in as city employees was
the health plan.The SCHC was responsible for things like benefits and payroll.The center continued
to look for other health plans,but the city's plan was more attractive than anything they found and
hoped to maintain it to draw in new employees. Linton stated the SCHC was paying for all
premiums, not the city.
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November 21, 2016 Volume 40, Page 150
In response to Squires,Linton stated the SCHC pays the same amount as the city does for the
health plan for each employee. Linton also noted the co-applicant agreement continued on an
ongoing basis as long as they were able to maintain the Federal 330 grant,which was given in three
year increments.
Earnhart confirmed SCHC employees were not in PERS. Hunt added the SCHC employee
participation assisted the health plan pool, so it lowered the city's premiums.
Casagranda appreciated the SCHC coming forward this far in advance with their
recommendation.
Council went back on the rules.
INFORMATIONAL ITEMS AND REPORTS
City of Seward Grant Awards for 2013-2015.
COUNCIL COMMENTS
McClure complimented the city's Public Works Director for his attentiveness to details to
things requested.He was prompt.Things were getting grated and maintained very well since he came
on.
Squires stated regarding the lease approved tonight for Hamilton Construction,code required
them to put in their own utilities and noted nowhere did this exempt the city from doing the same.He
felt the city needed to start doing their part in installing utilities at SMIC and follow their own rules.
Squires stated he would like a work session on this topic in the future.
Keil wanted to show council and the public pictures of her brand new granddaughter but,
unfortunately,her phone battery died. She wished everyone a Happy Thanksgiving. She was sad to
see Pat Linton retire soon.
Casagranda thanked the volunteers awarded tonight. They had a strong community of
volunteers. She attended a garden community meeting and it was a large group of citizens motivated
to create their own crops. She wished everyone a Happy Thanksgiving and noted she would be
turning 41 that day.
Altermatt welcomed Slater to the City Council. She had a great month away and spent some
time on a cruise ship.As a passenger they would get off at every port,and those places were moored
at the end of the dock, so there was always a bus there to take them in to town. Her point was this
transportation was never free. They were charged for every single bus ride, and they paid it.
Altermatt noted Seward had a great transportation system and should consider the opportunity to
change things up to use the cruise ship money for their free transportation to other things. She said
Happy Thanksgiving to all.
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November 21, 2016 Volume 40, Page 151
Slater thanked everyone who presented tonight. He gave his congratulations to the
firefighters recognized this evening.He wished everyone a safe and Happy Thanksgiving,advised to
always brine your turkey, and don't talk politics at the dinner table.
Bardarson appreciated the opportunity to go to AML and network and attend their sessions.
It was always good to find out what other communities were doing. She wished everyone a Happy
Thanksgiving.
CITIZEN COMMENTS —None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Keil added she went to the Fire Department Open House and showcased the items she won in
their raffle.
ADJOURNMENT
The meeting was adjourned at 10:04 p.m.
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