HomeMy WebLinkAbout10252010 City Council Minutes City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 468
CALL TO ORDER
The October 25, 2010 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Police Lieutenant Louis Tiner led the pledge of allegiance to the flag.
Newly Elected Council Members Marianna Keil, Jean Bardarson and Ristine Casagranda
were sworn in by City Clerk Jean Lewis.
ROLL CALL
There were present:
Willard E. Dunham presiding and Marianna Keil
Tom Smith Jean Bardarson
Vanta Shafer Ristine Casagranda
Bob Valdatta
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
ABSENT — None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Peg Coleman, from the Child Advocacy Center in Homer was excited to establish a Center
in Seward. She wanted to work with the community to provide child - friendly services for victimized
children. Coleman mentioned the collaboration between the District Attorney's office, Mental
Health Agencies and the Hospitals. She stated even with limited resources, a model was developed
that was working and she was happy to be coming to Seward.
Jessica Lawmaster, also from the Child Advocacy Center in Homer spoke of the Child
Advocacy National Model. She said there were ten in the state and that these models specialized in
victimized children and was in a child - friendly environment. Lawmaster spoke on how important
the manner in which the interview was conducted was. She stated family advocacy was another area
of support and that cases were reviewed monthly which increased efficiency.
Jill Simpson, was passionate about the need for a new animal control facility in Seward. She
spoke on behalf of a number of more people and four legged furry creatures. She thought the shelter
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 469
was an embarrassment, was old and unhealthy. There was no window, no ventilation, and no
daylight. Dogs were inside with the cats in the evening. The facility was too small and falling down.
Simpson expressed having animals in our lives was a benefit, and the City needed to have a more
kind environment for the animals and staff. There was no toilet for the staff. She supported the
shelter and wanted it moved up in priority.
Brooke Scalzo wanted to keep the animal shelter on the priority list. She had spent a week in
the Valdez animal shelter and it was amazing. It had isolation areas, veterinarians, safe spots, and
was spacious. She was frustrated Seward did not have a facility of this caliber. Seward had limited
space and no extra spaces for cats. People must volunteer to take additional cats. Scalzo thought
animal shelters reflected how the community cared, and wanted it moved up in the priority list.
Christy Terry, mentioned on behalf of PTSA, One Shot Photo would be taking pictures and
sittings for the holidays with all proceeds benefiting the middle school.
Jennifer Carrick, said what used to be a dog pound was now an animal shelter. The time
had come for a new facility. She noted SOS pets was a non profit advocacy group in town and she
felt they could partner with the city to get a new shelter built, just like the playground was. Carrick
stated this was not only about homeless animals, but also about the big picture. She asked for it to
move up in the priority list and thought it could take $1 million dollars to build a good safe shelter.
Mayor Dunham asked Carrick and SOS pets to produce a schematic design on what they
would like to see for an animal shelter.
Ron Long, directed council to a section on the State priority list. He understood that any
parking on the South harbor uplands was to come back before the council. Having this on the list
modified that position. He spoke of what the Port & Commerce Advisory Board had recommended
and wanted council to look again at that plan. He also had questions on the highway exit at Mile 6
that had not come up on any STIP or borough road service conversations. He wanted the one -page
explanations to be completed and attached to these priority lists like they used to be.
Daniel Barth, was a new member of Seward, recently from South Dakota. He volunteered at
the animal shelter when he first got here because of the positive benefits of volunteering. He had
great respect for animals and was raised to give everyone a second chance. Sadly animals were
thrown over the fence at this animal shelter. He told of how he recently went to work with the Boys
and Girls Club and found out a boy had been bitten by a dog. Barth said Animal Control Officer
Jennifer Carrick held a seminar for the children on interaction with animals to assist children to
overcome their fear. He thought she did a great job educating, and supported shelter improvements.
Mark Luttrell, also supported the animal shelter. Designs had been kicked around for 15
years. This began as more of a temporary shelter, but Jennifer Carrick had done a great job of her
position. The facility was too small, you couldn't sanitize, there was no air exchange, no outdoor
shelter, it was in a residential area, had inadequate parking and no bathroom. Luttrell noted there
was a huge amount of support for a new shelter and he wanted this elevated in the priority list.
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 470
Margaret Anderson, congratulated Marianna, Jean and Rissie for being elected and re-
L. elected to the city council. She announced Mayor Dunham's 80th birthday and that the Boys and
Girls Club were sponsoring a party Friday at the Alaska Sealife Center at 6:30 p.m.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson /Keil) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2010 -099, Authorizing The City Manager To Apply For A Denali Commission
Grant In The Amount Of $100,000.00 For Design Funding To Replace A, B, C, D, And S Floats
And The South Launch Ramps In The Seward Small Boat Harbor.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Teen and Youth Councils were introduced.
L. Parks and Recreation Conference Awards
TYC Council Days
TYC Council ARPA Outstanding Organization
Shareen Adelmann: ARPA Bob Robertson Service Award
Melanie Hauze: ARPA Professional Award
An Appreciation Certificate and Letter of Recommendation for outgoing Chamber of
Commerce Director Laura Cloward was presented.
City Manager's Report. City Manager Phillip Oates thought the Seward Parks &
Recreation program did a remarkable job within the community. He noticed upcoming work
sessions and completion of the flagpole at the Seward Mountain Haven. He thanked all the
conferences that were held in Seward this past year. Oates stated a purchase order had been issued
for $15,050 using budgeted contracted services funds to URS to complete a Marine Condition
Assessment of A, B, C, D, and S floats and the South Harbor Launch Ramp. This information would
be used to apply for future grants and to evaluate the need to replace aging infrastructure. Another
purchase order in the amount of $47,000 was spent on materials to repair the Lowell Creek Bridge
from flood damage that occurred in 2006. This money would be reimbursed by FEMA.
Oates reported surveyors from CMS found Seward Mountain Haven in substantial
compliance with state and federal regulations. Surveys by state and federal inspectors this summer
,., found Seward Mountain Haven to be out of compliance in 28 areas, and he thought these
improvements were achievable for the long term. Oates said it had been determined by the Board of
Directors of the Women's Division of the General Board of Global Ministries, United Methodist
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October 25, 2010 Volume 38, Page 471
Church that the Wesley Building in Seward would be demolished in its entirety, and the new city
website was launched.
Oates mentioned contractors continued to work on the transmission line re -route for the
North Forest Acres Levee Project, with work ending November 8, 2010. On other Board matters, the
Planning & Zoning Commission would be holding a special meeting to review a variance request to
the 1.1 height setback for AVTEC's proposed Wind Energy Generator located at 1904 Alameda
Street; PACAB would be reviewing business incentive recommendations and potential lease site
recommendations for the South Harbor Uplands; the Ad Hoc Land Committee was discussing
information gathered from the local Real Estate Companies and continued to review the Land
Inventory List; and the Library Museum Project Executive Committee would meet to review the
current building plans and make recommendations moving forward from 35% to 65% design
documents. Oates reported on the Coast Guard Relocation and Z Float Project Water Line. Storm
drains had been relocated, footers and foundation walls had been poured, electric design work
completed, and the project was on schedule and on budget. The remainder of the work would be
completed in the spring, in preparation for Z -float construction and the building relocation.
City Attorney's Report. City Attorney Cheryl Brooking stated they continued working on
harbor changes, contracts, resolutions, and litigation for the levee road project. She spoke about
pending litigation and would give an update on the OMA as soon as the agenda allowed. Brooking
handed out a new OMA packet. A law change stated regardless of the body, a majority was a
meeting. Service Areas also had some exceptions doing administrative duties.
City Clerk's Report. City Clerk Jean Lewis thanked the community on behalf of Pat
Williams, for all the cards sent for her 101st birthday. Pat was sorry she could not write a thank you
note to everyone, but really appreciated the cards and support. Lewis gave council a review on their
travel budget finances.
Mayoral Report. Mayor Willard E. Dunham stated he would be talking to the Alaska
Chamber of Commerce next week. He recapped his trip to Korea. He had been watching the CIRI
Fire Island Wind Project and thought there would be a 45% jump in utility rates to pay for the
infrastructure. He wanted the community to know alternative energy was a wonderful thing but
came with a big cost. He spoke of the Denali Commission being under attack in Washington D.0
and how important it was to the community and the state of Alaska to keep it.
Chamber of Commerce Report. Director Laura Cloward stated she wasn't gone yet and
still had work to do. She laid down a marketing contract report that was based on the last two years
budget. Seward was rebounding faster than other communities and she felt it was because of the
addition to marketing the city had done the past two years. Costs were being kept the same.
Cloward mentioned that the Visitor Guide, brochures and website costs were all borne by the
businesses. She had only $1000 to promote Seward as a conference site. The Chamber budget had
already been approved and they were treading water. She felt Seward was ahead of the game
because of the marketing investment by the businesses. There was no new money to court the new
opportunities and she wanted to let the council know that.
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 472
Other Reports, Announcements and Presentations
Update Of The Solly's Building From Project Formerly Known As The Mary Lowell
Center Was Given By Jeff Mow, Superintendent Of Kenai Fjords National Park. The Park
Service was now looking into developing the Old Solly's building for administration offices, and
possibly transferring the Legends Building to the city to use for a conference center.
Powerpoint And Discussion On The Public Works Shed. After discussing pole barns,
membrane structures, conex units, prefab structures, offsite storage and blue tarps to cover three
sand trucks before winter, Council wished to house the equipment temporarily offsite before
making a decision on structures.
PUBLIC HEARING
Ordinance 2010 -007, Amending Various Portions Of Seward City Code 15.20 Signs To
Change, Update And Accommodate The Wishes Of The Public.
Motion (Keil /Smith) Enact Ordinance 2010 -007
Oates stated numerous work sessions and meetings were held with P &Z on this item, and he
recommended this ordinance go forward.
Community Development Director Christy Terry summarized the changes that went into
this sign ordinance which cleaned up the city code in this area.
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.
Smith hoped after all the years on P &Z and all the complaints, that this cleaned most of the
problems up.
Valdatta wanted to be able to have flashing signs on the outside of a building.
Motion Passed Unanimous
NEW BUSINESS
Resolution 2010 -098, Authorizing The City Manager To Enter Into A Contract For
Construction Manager /General Contractor Services With PCL Construction Services, Inc.
And Appropriate Funds In An Amount Not To Exceed $42,900.
Motion (Bardarson /Shafer) Approve Resolution 2010 -098
Oates stated the City issued an RFP to select a construction manager /general contractor for
the construction of the new Library /Museum. This should get firms and architects working to find
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October 25, 2010 Volume 38, Page 473
the most efficient ways to proceed ahead. He noted this did not guarantee construction would go to
this firm. This contract was needed to get closer in identifying the true cost of the building and to owl
find out how to pay for the project.
Motion Passed Unanimous
Resolution 2010 -100, Approving Emergency Repairs In The Amount Of $330,886 For Flood
Damage At The Lowell Creek Bridge And Appropriate Funds.
Motion (Keil /Shafer) Approve Resolution 2010 -100
Oates stated there was a myriad of issues that prevented this resolution from going to council
until this time. Inspections were done, and federal monies needed to be used. He mentioned bridge
standards had changed during this period and they were chasing the federal money. Oates said the
situation was critical enough that the materials were ordered last week to meet the time period, and
the city would get reimbursed. The city was trying to get a 30 -day extension and proceed with these
repairs.
In response to questions, Oates said the city must have a bid and the money spent by
December 8, 2010.
City Attorney Cheryl Brooking spoke in support of the hugely condensed resolution. She
stated it was highly unusual, but what had to be done to comply with all the requirements.
Motion Passed Unanimous
Resolution 2010 -101, Authorizing The City Manager To Enter Into A Second Amendment To
The Quarry Agreement With West Construction Company To Produce Additional Type II Rip
Rap And Type III (Cobbles) For The North Forest Acres Levee /Road Project, And
Appropriating Funds.
Motion (Bardarson /Keil) Approve Resolution 2010 -101
Oates stated rock was being produced now and this saved mobilization and de- mobilization
costs. The prior resolution passed did not meet the classifications but would be the same price as
earlier approved. Nelson and Associates had made an error that amounted to half of the rock needed
for the levee project. In negotiation today the cost was reduced. This error would cost about
$30,000. The city would open the bids for construction tomorrow and do value engineering. He said
he could reduce the scope of the project if needed.
Amendment (Bardarson /Smith) Change the amount of cobbles and Class II
rock in the 6 Whereas and Section 1, and
reduce the dollar amount on Section 2 to be
$36,900, and change the total dollar amounts
on Sections 3 and 4 to $226,388.25, and
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 474
remove the words "to comply with MSHA
regulations" from the contract.
Amendment Passed Unanimous
Main Motion Passed as Amended Unanimous
Resolution 2010 -102, Approving The City Of Seward's Calendar Year 2011 State Legislative
Priorities.
Motion (Bardarson Keil) Approve Resolution 2010 -102
Oates had a laydown version of this resolution that added a new Fire Alarm Control Panel for
the Alaska Sealife Center, a metal building at the Fort Raymond Satellite Fire Station, new sail cover
for the Alaska Sealife Center, upgrades for Alutiiq Shellfish Hatchery and support for extending the
education tax credit for the Alaska Sealife Center.
Keil and Casagranda were not comfortable making these decisions on such short notice.
Motion (Keil /Casagranda) Postpone until November 8, 2010
Oates urged that for the State Priority List, that this be decided on tonight because of
deadlines with getting the information in the Kenai Peninsula Borough packet.
Motion Failed Yes: Casagranda
No: Smith, Bardarson, Keil, Shafer,
Valdatta, Dunham
Amendment (Shafer /Keil) Remove B6 from the list, which had $450
thousand for paving the road and parking lot
on the South Seward Small Boat Harbor
Uplands area
Amendment Passed Unanimous
Amendment (Bardarson /Shafer) Accept the laydown version of changes
Amendment Passed Unanimous
Main Motion Passed as Amended (5 -2) Yes: Smith, Shafer, Valdatta, Bardarson,
Dunham
No: Keil, Casagranda
Resolution 2010 -103, Approving The City Of Seward's Calendar Year 2011 Federal
Legislative Priorities.
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 475
Motion (Keil /Smith) Approve Resolution 2010 -103
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Motion (Keil /Bardarson) Postpone until November 8, 2010
Motion Passed Unanimous
Resolution 2010 -104, Approving The City Of Seward's Calendar Year 2011 City Priorities.
Motion (Keil /Bardarson) Approve Resolution 2010 -104
Motion (Keil /Bardarson) Postpone until November 8, 2010
Motion Passed Unanimous
OTHER NEW BUSINESS
Motion (Shafer /Keil) Nominated and Elect Jean Bardarson as
Vice -Mayor
Motion Passed Unanimous Consent
Council decided the Chair of the Boards and Commissions would give periodic reports to
the City Council, and the Mayor appointed Tom Smith to represent the council on the
Kenai Peninsula Borough Economic Development District.
INFORMATIONAL ITEMS AND REPORTS (No action required)
Survey questions for economic town hall meeting.
Letter sent to the Denali Commission by Mayor Dunham.
Certificate of Appreciation to the City of Seward by the U.S. Department of Energy's Office of
Intelligence and Counterintelligence.
Thank you and Congratulations letter to the Fire Departments for a successful Alaska Fire
Conference.
COUNCILS' COMMENTS
Keil thanked the Teen and Youth Center for the tour and pizza party. She had attended the
Alaska Sealife Center award ceremony and noted there were many staff awards. She was sorry to
lose Chamber Director Laura Cloward, and wished Mayor Dunham a happy birthday.
Shafer thanked Rissie Casagranda for throwing her g er hat in the ring for a council seat and was
looking forward to a younger mind on council. She wanted the Council to consider $40,000 funded
for the Chamber at tomorrow's meeting because it was not the time to underfund the Chamber.
City of Seward Alaska City Council Minutes
October 25, 2010 Volume 38, Page 476
Shafer hated to say good -bye to Laura Cloward, thought it was great to see the Teen & Youth Center
again, and mentioned the city website looked fantastic.
Casagranda said she was stoked to be on council and thought the Teen and Youth Councils
were a fabulous idea and thanked them for the tour and introduction.
Valdatta commented on the different heights of all the children from the Teen and Youth
Center.
Bardarson was thrilled the ball would be picked up and a celebration held regardless of the
Christmas train not coming to Seward. She said the community was going to miss Laura Cloward.
Bardarson thanked TYC and staff for their awards and what they did for the city.
Dunham also had a great time at the Teen & Youth Center. He was sad to see Laura
Cloward leave and stated she was invaluable and it was Cordova's gain. He was delighted and proud
of the Alaska Sealife Center awards. Dunham stated ex city manager Jim Fillip passed away. His
car had gone over an embankment and was found a year later in Colorado.
CITIZENS' COMMENTS
Darryl Schaefermeyer thanked the council for the action and support on the state priorities
list on behalf of the Alaska Sealife Center. He expressed his sadness of over the passing of Jim
... Fillip. He urged the council not to delay the covered storage decision for the trucks.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
EXECUTIVE SESSION
Motion (Bardarson /Keil) Go Into Executive Session To Discuss The
Hiring Of City Clerk Applicant Johanna
Kinney As City Clerk To Replace Jean
Lewis Based On Successful Salary And
Contract Negotiations.
Motion Passed Unanimous
Went into executive session at 10:15 p.m.
Came out of executive session at 10:16 p.m.
Motion (Bardarson /Keil) Appoint and Hire Johanna Kinney As City
Clerk To Replace Jean Lewis Based On
Successful Salary And Contract Negotiations
City of Seward, Alaska City Council Minutes
October 25, 2010 Volume 38, Page 477
EXECUTIVE SESSION
Motion (Shafer /Bardarson) Go Into Executive Session To Discuss
Financial Impacts That May Result From
The Recent Federal Long Term Care
Survey Results, Where The Immediate
Knowledge Of Which, Could Have An
Adverse Effect n The Finances Of The City.
Motion Passed Unanimous
Went into executive session at 10:17 p.m.
Came out of executive session at 10:30 p.m.
ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
Jea I ewis, C C Willard E. Dunham
Cit Clerk '' �,,•.�"' �, 4,��� Mayor
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