HomeMy WebLinkAbout02272012 City Council Minutes City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 776
CALL TO ORDER
The February 27, 2012 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor David Seaward.
OPENING CEREMONY
Lieutenant Louis Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson Christy Terry
Vanta Shafer Marianna Keil
Bob Valdatta Ristine Casagranda
comprising a quorum of the Council; and
Cheryl Brooking, City Attorney
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Absent — None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Tim McDonald said Seward had a "rather peculiar" electorate body in that "in excess of 10%
of the electorate is employed by the City of Seward who, in the wintertime is our biggest employer,
and those people are not allowed to voice any opinions in a public forum under pain of dismissal."
He said that was wrong. He said he was "speaking to the censure measure that was on the agenda for
our mayor." He thought it was wrong. He felt that some councilmembers were trying to "hound the
Mayor out of office." He believed that term limits, particularly a maximum of two terms, should be
enacted.
Maya Moriarty thanked council for a healthy discussion regarding fluoridation during the
work session. She said that studies time and again indicated that fluoridation was safe. Information
about fluoridation was available on Dr. Moriarty's website. She urged council to consider all the
options that were provided by the City Clerk.
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 777
APPROVAL OF AGENDA
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Motion (Bardarson /Shafer) Approval of Agenda
Shafer requested the discussion regarding the Iditarod Trailblazers' Mayor's Cup Race be
deleted from the agenda.
Terry requested that the presentation by Chugach Electric be removed from the agenda since
they would not be present at the meeting due to inclement weather.
Motion Passed Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
The following proclamations were read:
Celebrating the 60 Anniversary of First National Bank of Alaska Seward
Iditarod Centennial Proclamation
Teen Dating Violence Awareness and Prevention Month Proclamation
Chamber of Commerce Report, Cindy Clock stated the Chamber had been very busy „,,,,
lately. They recently played a role in promoting the "Cash Mob" event to boost revenues at the
Liberty Theater. New for the 2012 Halibut Tournament, there would be 20 tagged fish in addition to
the top three cash prizes and the daily prize for Fish of the Day that would each be worth $250.
The Chamber had begun preliminary conversations with the Coastal Villages Region Fund
for vessel support services, and would be visiting them in Seattle on April 12 -13, 2012. The
Chamber reserved booth space at each of the three upcoming outdoorsman trade shows in Mat -Su,
Anchorage and Fairbanks held in March and April. The 2012 Mount Marathon logo was selected and
was in final design phase. The winning artist was a Seward high school student named Michael
Marshall.
City Manager's Report, City Manager Jim Hunt approved the following purchase for
$10,000- 50,000 since the last Council Meeting: Purchase of harbor billing software system in the
amount of $20,377.50. He also stated that the Dolphin project at SMC was ahead of schedule and
under budget. Carmen Hewitt in Public Works had negotiated with Pacific Pile to have them
responsible for the marine observer requirement in the permit, at no extra cost to the project.
The Finance Department had been awarded the Certificate of Achievement for Excellence in
Financial Reporting by the Government Finance Officers Association of the United States and
Canada, for its comprehensive annual financial report for 2010. This Certificate of Achievement was
the highest form of recognition in the area of governmental accounting and financial reporting, and
its attainment represented a significant accomplishment by a government and its management. This
was the 17 consecutive year the finance department had received this award.
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 778
`.. The Council was aware, but the public may not be, that in January, Providence Seward repaid
$759,101.34 of the $2,071,323.96 which the City authorized a delay in remittance, related to Seward
Mountain Haven. This left an outstanding loan balance of $1.3 million. In addition, Providence
Seward received the long- anticipated reimbursement payment from Medicaid in the amount of
$443,250 in January, representing a portion of the repayment for investments in Electronic Health
Record implementation. Providence Seward recently received excellent survey results after a group
of experienced state surveyors spent a week in our hospital and long -term care facilities. The finance
department was preparing for the annual audit. Fieldwork would take place April 2 -13, 2012. The
finance department completed their review of new general ledger accounting software packages and
would be bringing forward a recommendation for Council approval at the end of March.
Regarding the Vessel Wash -Down and Wastewater Recycling Facility project at SMIC, PND
was selected as the engineering firm. The Harbormaster submitted a newsletter article to the Alaska
Marine Dealers after attending the Anchors Away Boat Show. A recreational vessel sank on
February 12, 2012 but was re- floated by Storm Chasers without any significant problems. A power
pedestal on Z -Float was damaged by a tug boat; the harbor would make repairs and bill the customer.
The License Agreement at the fuel dock was executed for another year with a 50% rent increase. The
rent had not been raised since at least 1985. Diesel rent was i/2 penny per gallon and would now be 3 /4
penny per gallon.
The selection criteria for the Seward Power Plant RFP was:
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1. Qualifications 25% or 25 points
2. Generation 25% or 25 points
3. Schedule /Application 15% or 15 points
4. Conceptual Design 15% or 15 points
5. Proposal Price 15% or 15 points
6. Deliverables 5% or 5 points
Total = 100% or 100 points
Keil asked if the harbor billing software would also take care of the electrical billing
problems as well. Harbormaster Funk replied that the harbor's electrical billing was done once a
month, and the biggest challenge they had was the turn on/shut off of power due to vessel activity.
He believed that the bills were fairly straightforward, that the new system would be better because it
was supported by Windows, and would result in improved customer service.
Bardarson asked if there were any plans in place for Seward's 100 year anniversary of its
incorporation (June 1, 1912). Hunt responded that discussions had begun but he didn't have any
details to provide as of yet. She also asked if the snow blower was working. Hunt said it was
working well, although it was over budget but he would be bringing the amount to council for
appropriation.
Terry asked Hunt for a report on what caused the power outage on Saturday. Electric Utility
Manager John Foutz responded that the outage was caused by a burned cut -out which turned off
Safeway and the high school. The issue was resolved very quickly.
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 779
City Attorney's Report, Cheryl Brooking stated her firm had worked on a variety of issues, varti
including general matters, land use issues, various harbor and SMIC, electric and utility matters, and
they continued to represent the city on the RBCA appeal /litigation.
Brooking provided Council and the public with a brief overview of the roles of government
and various types of municipal relationships in Seward. Seward was a Home Rule municipality
governed by a Charter. All ordinances must be consistent with the Charter. Seward had a
Council /Manager form of government. The City Manager was not a political position. The Mayor
was the presiding officer, could not make any unilateral decisions without Council, and could call a
special meeting or work session. The City Attorney was responsible to review all ordinances. The
City Attorney would conduct research only on request of the council, and not by the request of just
one individual. The City Clerk held the city seal, was parliamentarian for Council, and was required
to attend all council meetings. The City Manager was the administrator for the city, prepared the
biennial budget proposals, was responsible for actual revenues and expenditures, and was
responsible for all city contracts. Council authorized contracts for up to five years, except for land or
unless there needed to be a vote of the people; harbor leases could extend longer than five years. The
city was subject to the Open Meetings Act to insure transparency for its citizens. As such, most
records were available to the public and the public was entitled to this information. Conflicts of
interest by a member of Council should be brought forward by that Councilmember, or any
Councilmember; the Mayor ruled whether or not there was a conflict, but that ruling could be
overturned by a vote of the body of Council.
Shafer asked for clarification about Harbor leases versus other leases. Brooking said the
Harbor was treated differently because they were not usually dealing with leases but with moorage
agreements. Leases were for real property, and in the Harbor they could go for more than five years.
Shafer added that there were tenants with leases in the Harbor that were having a difficult time
getting loans against a five -year lease to make real improvements, so this was good news that their
leases could potentially be lengthened.
Terry appreciated the report and requested that Brooking continue providing this kind of
information.
Mayoral Report, David Seaward stated on February 16, 2012, he, Vice Mayor Bardarson
and Councilmember Shafer met with the Alaska Railroad executives and Usibelli Coal Mine
representatives, who said the railroad would be spending about $770,000 for improvements in 2012
to the coal station. Railroad ties would be changed out between Whittier and Seward, and would
possibly be made available to citizens. Seaward said he asked the Alaska Railroad president why
Seward did not get any percentage of the coal being run through here and the answer he received was
that it was run by the state and Seward would have to lobby for a percentage. Seaward said he
transferred his job from the slope to Anchorage to be more available for the citizens of Seward. He
asked the citizens of Seward to focus on the four priorities that he had for Seward, including: cost of
energy, healthcare /Providence, efficient government /outsourcing, and promoting Seward.
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City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 780
Vice Mayor's Travel Report, Jean Bardarson stated she traveled to Juneau with City
Manager Hunt and Harbormaster Funk to meet with various legislators. They discussed Seward's
electrical needs, Coastal Villages Region Fund and the need for a new CT Scanner at the hospital.
NEW BUSINESS
Resolution 2012 -017, Amending The City Of Seward's Calendar Year 2012 State Legislative
Priorities. (Clerk's note: there was a laydown version provided and staff recommended that be the
version they use).
Motion (Shafer/Bardarson) Approve Laydown Version of Resolution
2012 -017
Keil asked if the $4 million increase was for the generators and Hunt said, yes, it would
complete the project.
Terry asked for additional detail regarding what the $4 million would be paying for. Foutz
said they had not had a scope of work completed previously, and now that they had it, it would
include building the warehouse on the land that was recently swapped with the Borough and it would
complete the ARCTEC.
Valdatta asked about the $1.5 million repair and replacement line, and would it be possible
for Chugach Electric to bid on that work to bring the cost down? Foutz said this money was set aside
to complete the transmission line just south of Levee Road into the substation. Foutz said they had
not approached Chugach about doing the work for or with the city.
Terry asked why there were other things being deleted when they were previously included,
and Foutz said that $4 million request was a greater priority than the other items subsequently
removed. As well, this work needed to be completed prior to the other work that would come in the
future, which included the $17 million for upgrading the substation.
Valdatta asked about the sewer pump station by the Army Recreation Camp in that he
thought it was a roving generator for the city. Foutz said the roving generator belonged to the Public
Works Department.
Motion Passed Unanimous
Resolution 2012 -018, Authorizing Principal And Interest Payments Totaling $724,491.30 For
The Third Avenue Water Main Loan From The State Of Alaska Department Of
Environmental Conservation, And Appropriating $563,106.30 To The 2012 Budget.
Motion (Shafer /Bardarson) Approve Resolution 2012 -018
Keil said by way of explanation that the $724,491.30 had been accruing in the Water
Department because there was a dispute over the contaminated dirt they found when they were
replacing Third Avenue.
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 781
Terry commended administration for the work administration did to accomplish this with the
State.
Motion Passed Unanimous
Resolution 2012 -019, Censuring Mayor Seaward For The Violation In His Duty Of Obedience
And Duty Of Loyalty To Faithfully Represent The Public's 2012 City Of Seward State
Legislative Priorities As Approved In Resolution 2011 -083.
Motion (Keil /Shafer) Approve Resolution 2012 -019
Mayor Seaward handed the gavel to Vice Mayor Bardarson prior to voting, declaring he
would be speaking to this Resolution to defend himself, but would not be voting as that would
be a conflict of interest.
Terry asked the City Attorney why the Mayor would not be allowed to vote on this
Resolution. Brooking replied that the Mayor had a particular conflict of interest in the matter;
however, he had due process rights which allowed him to take part in the discussion.
Seaward said he left the newly - elected officials training in Fairbanks 2 -3 hours early and
skipped the "mock mayor meeting ". He said he felt he didn't miss anything because of his
experience he had previously accrued by watching the proceedings handled by former Mayor
Dunham. He said Councilmember Shafer was remiss in including the $5 million for the Jesse Lee
Hoene when she published the priorities in her paper.
Terry supported this resolution, and requested they remove the merits of the Jesse Lee Home
itself out of this discussion. Her concern was in not circumventing the public process. She stressed
that council was there to represent the voice of the citizens, and it was necessary for council to carry
the voice of the people, regardless of their personal opinions. She wished that once this resolution
was passed, the council and the citizens would move forward to better our community.
Shafer also supported the Resolution, but also wanted to get beyond it. She was concerned for
the success of other major projects in the city and that this issue should not be a distraction. She
further clarified that the Friends of the Jesse Lee Home was a private, non - profit entity that was
completely separate from the City.
Motion to Amend (Keil /Bardarson) Amend Resolution 2012 -019, striking
section 2, "Funds totaling twenty -five (25)
percent of Mayor Seaward's travel and
subsistence to the Mayor's Conference in
Juneau February 6 -9, 2012, will be billed to
the Friends of the Jesse Lee Home, and
when received, deposited into the General
Fund (101) Mayor and Council (1110)
Travel /Subsistence Account (5140)."
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 782
Keil explained that because she felt they had no right, evidence or back -up to prove that the
mayor was asked by the Friends of the Jesse Lee Home to speak on their behalf. She added that
according to the terms of the grant, Article 27, the Friends of the Jesse Lee Home could not use state
funds to lobby the Alaska State Legislature.
Motion To Amend Passed Unanimous
Motion to Amend (Keil/Terry) Amend Resolution 2012 -019, striking the
language "Due to Mayor Seaward's
inexperience" from Section 3.
Keil read from emails she had sent to the Mayor prior to his trip to Juneau in which she stated
her concern about the Mayor's judgment when attending Juneau and lobbying for items that were not
on Seward's state priorities list.
Motion To Amend Passed Yes: Keil, Shafer, Terry, Bardarson
No: Valdatta, Casagranda
Main Motion Passed Unanimous
ism
OTHER NEW BUSINESS
Discussion on Seward City Code 8.10.020 — Uninvited Door -to -Door Soliciting on Residential
Property.
Long said he was working with the City Attorney on drafting a new ordinance.
Council gave Long direction to bring forward an ordinance.
Discussion on Teen and Youth Center Fees.
Terry asked for a ruling on a possible conflict of interest because she had three children
involved with the Teen & Youth Center (TYC), and the impact could represent approximately
a $3,000 matter for her family. Mayor Seaward ruled there was a conflict of interest and
Councilmember Terry left the dais.
Bardarson objected to the Mayor's ruling and called for a vote by Council.
Motion (Bardarson /Shafer) Overturn the Mayor's Conflict of Interest
Ruling
City Clerk Johanna Kinney stated that Council could vote to overturn this ruling, however
Councilmember Terry would not vote, according to procedure.
Motion To Overturn Ruling Passed Unanimous
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City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 783
Councilmember Terry returned to the dais and participated in the discussion.
Parks and Recreation Director Karin Sturdy had a parent meeting the previous week. She
talked with the parents about the possibility of using Denali Kid Care as part of the sliding scale fee
structure. They brought away from the parents' meeting several items to follow up and research on,
including food stamps, Denali Kid Card, and WIC. They would also be calculating the subsidy rates
for summer day camp versus adventure camp. Upon completion of her research, she would bring
back a resolution for council.
Shafer said she liked the Denali Kid Care option to be explored, but she had heard from
parents who didn't feel trips to Anchorage were necessary. She wanted to see a resolution brought
forward.
Seaward asked if there were any other entities in town that could help offset the costs for
children to attend camp. Sturdy said there was a Youth Scholarship Fund that accepted contributions
made by citizens and businesses, but they never had enough money to fulfill every scholarship
application. Sturdy said the youth scholarship fund was run by TYC employee Josie Ronne.
Keil expressed concerns about making overnight trips with children and making long road
trips, from a liability standpoint. She said if the parents had expressed their own concern over the
matter, she would also support dropping some of those trips in lieu of having more activities held
locally.
Casagranda asked why the rates were being raised overall. Sturdy said she had been tasked
with being more profitable and incurring less expenses. She said the TYC had gone for several years
without having any rate increases.
Council gave direction for Administration to bring forward a resolution.
Discussion on the regulation and implementation of city dumpsters. (Casagranda)
Casagranda said she was aware that the city incurred an extra cost from citizens using city
dumpsters for their own personal trash. She asked if Shafer could write an article in her newspaper to
raise citizen awareness on the costs.
Hunt believed this represented an education problem. He suggested that the dumpsters be
clearly marked with signs saying the dumpsters belonged to the City of Seward, and include
reference to the city code.
Seaward asked if the harbor dumpsters could be beautified, perhaps by enclosing the
dumpsters.
Deputy Harbormaster Norm Regis said the people who paid for the dumpsters were the far3
people who paid moorage fees.
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 78d
Council gave direction to Administration to have signs hung and communicate to the
citizens what the rules were.
Council scheduled a joint work session with the Planning and Zoning Commission, Port and
Commerce Advisory Board, and the Historic Preservation Commission to go over 2012
priorities for March 28, 2012 at 6:00 -9:00 p.m. for P &Z, PACAB then HP, respectively, for one
hour each.
INFORMATIONAL ITEMS AND REPORTS (No action required)
City's letter to the Department of Natural Resources Permit for the Alaskan Wet Dog Race.
COUNCILS' COMMENTS
Keil had asked for the Teen Dating Violence Proclamation to be on the agenda tonight
because of her concern for teenagers getting the wrong messages about what was acceptable dating
behavior.
Shafer said she had a lot of sympathy for Public Works, and thanked them for their hard
work this winter.
Valdatta thanked the Mayor for bringing up the Alaska Railroad costs with their
1r• representatives when they were in town.
Terry thanked the public for attending the work session earlier that evening. The Seahawks
girls' and boys' basketball regional games were in Anchorage this weekend. She gave thanks to the
Harbor and the Port and Commerce Advisory Board for making sure the moorage rates were fair for
the slip holders in the harbor.
Seaward reiterated his four priorities for the city again: cost of energy,
healthcare /Providence, efficient government /outsourcing, and promoting Seward.
CITIZENS' COMMENTS
Sue McClure said Casagranda asked her to ask the Borough for an extra dumpster to be
placed on Levee Road. She also suggested that a sign be put up on the end of Levee Road to identify
the location. The fence at the dump, when it's closed, had a dumpster on the inside of the gate which
was inaccessible to residents. Possibly this could be put on the outside of the fence. She added that
the National Ocean Science Bowl would be held at the High School this weekend, and the dates were
wrong on the school flashing sign showing the following weekend. Bardarson added that this was a
state -wide event.
Tim McDonald said he was disappointed that no one rescinded the six -month travel
restriction on the mayor's censure. He was happy to see the vice mayor object to Terry's conflict of
interest earlier. Regarding the garbage service, every resident of the city paid for garbage whether
City of Seward, Alaska City Council Minutes
February 27, 2012 Volume 38, Page 785
they used it or not; he wanted Council to come up with positive solutions. He asked where Seward's
recycling program was and he wanted Council to come up with solutions.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Valdatta mentioned there were a couple of recycling stations in town.
Keil clarified the agenda stated Citizens' Comments were restricted to five minutes per
individual and each individual had one opportunity to speak.
EXECUTIVE SESSION
Motion (Terry /Keil) Go into Executive Session to discuss and
review City Attorney evaluations.
The City Attorney was asked to be present for this executive session.
Motion Passed Unanimous
Council went into executive session at 9:05 p.m.
Council came out of executive session at 9:18 p.m.
ADJOURNMENT ..r
The meeting was adjourned at 9:18 p.m.
Joh nna Kinney, CMC Da 'id Seaward
Clerk Mayor
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