HomeMy WebLinkAbout05132013 City Council Minutes Cite of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 12-1
CALL TO ORDER
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The May 13, 2013 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Lieutenant Butch Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson Vanta Shafer
Bob Valdatta Christy Terry
Marianna Keil
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Cheryl Brooking, City Attorney
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Absent — Ristine Casagranda
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Tim McDonald gave council an update on the baseline trail project. He was circulating a
public petition to gather support and was asking for $65,000 from the 2012 cruise ship head tax
revenues. The baseline trail was a proposed bicycle road and could be used as an emergency escape
route as well. McDonald felt there was high demand for summer and winter snow biking. He
clarified it was not a certified petition he was circulating and was seeking popular support throughout
the entire community.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda
Bardarson asked that a correction be made to the April 8, 2013 minutes to reflect in her travel
report that she and City Manager Hunt traveled to Juneau, and not Assistant City Manager Long.
That correction was accepted without objection.
Seaward placed Resolution 2013 -033 on the consent agenda without objection.
City of Seward Alaska City Council Minutes
May 13, 2013 Volume 39, Page 125
Motion Passed Unanimous ..r
The clerk read the following approved consent agenda items:
The April 8, 2013 and April 22, 2013 City Council Regular Meeting Minutes were approved.
Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List
Customers At The Small Boat Harbor. (This Ordinance was introduced and set for public
hearing and enactment on May 28, 2013.)
Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage Rates At The
Small Boat Harbor. (This Ordinance was introduced and set for public hearing and enactment on
May 28, 2013.)
Resolution 2013 -030, Authorizing The City Manager To Accept The 2012 Assistance To
Firefighters Grant Award For Exercise Equipment In The Amount Of $24,377, Authorizing A
City Match Of $1,283 And Appropriating Funds In The Amount Of $25,660.
Resolution 2013 -031, Accepting Reimbursable Funds Of $3,000 From Kenai Mountains
Turnagain Arm Corridor Communities Association (KMTACCA) And Appropriating Funds.
Resolution 2013 -032, Recommending Kenai Peninsula Borough Approval Of The Seward Bear
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Creek Flood Service Area 2013 Local Hazard Mitigation Plan Update.
Resolution 2013 -033, Authorizing The City Manager To Enter Into A Change Order With
Harmon Construction In An Amount Not To Exceed $71,379 For The Purpose Of Adding A
Wash Water Holding Tank To The Vessel Wash Down Pad At The Seward Marine Industrial
Center (SMIC) And Appropriating Funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
National Safe Boating Week is May 18 -24, 2013.
Seward Harbor Opening & Blessing Of The Fleet Proclamation.
Military Appreciation & Armed Services Combat Fishing Tournament Proclamation.
Recognizing National Police Week and Peace Officers' Memorial Day.
Alaska Law Enforcement Torch Run and Pledge Drive for Special Olympics Alaska
and Terry Pollard Memorial Exit Glacier Run Proclamation.
City of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 126
Borough Assembly Report, Sue McClure stated the assembly met in Seward and the
response after the meeting from her colleagues was that it was always pleasant to be in Seward. At
that meeting, they approved the allotting of $343,000 of cruise ship head tax revenues to Seward and
Homer. The assembly unanimously defeated the ordinance that would have allowed the use of
fireworks in the borough but opened up a discussion that there should be more patrolling of the issue.
The Seward Bear Creek Flood Service Area Board was finally a complete board and so was the Bear
Creek Fire Service Area Board. The assembly met on May 7, 2013 and heard a presentation of the
FY 2014 budget. McClure had a copy if anyone wanted to review it. It was a conservative budget
and most mill rates would stay the same. June 4, 2013 was the day the ordinance approving the
budget would be reviewed and could be potentially amended. On May 11, 2013, the Bear Creek Fire
Department had their official ground breaking ceremony for the new facility. Wednesday, May 15,
2013 was "Permitting Day" in Seward, with many agencies present to answer questions about
various permitting processes. On May 18, 2013 was the transfer station's hazardous waste disposal
day.
City Manager's Report, City Manager Jim Hunt stated the following purchases between
$10,000 and $50,000 were approved by the City Manager since the last council meeting:
• Construction Machinery Inc., for $17,400.00 through Public Works for excavator rental.
• M.L. Foster and Associates, for $20,000 through Public Works for consulting services related
to developing a plan for sludge removal at Lowell Point and SMIC waste water treatment plants.
`.,. A group from the Army Corp of Engineers visited last week and was working with
administration to identify alternatives for the Lowell Canyon Tunnel, including a cost shared,
federally funded feasibility study. In the harbor, there were seven vessels scheduled for sale via
public auction on May 28, 2013. A grant application to fund the installation of a public crane was
submitted to the United States Department of Agriculture Rural Business Enterprise Grant program
on May 1, 2013. There were two recent electrical outages that affected approximately 16 users.
Electric Power Systems (EPS) had been working with electric crews to complete the testing on three
or four substation transformers. The maintenance and testing for the remaining transformer, Spring
Creek substation transformer located in SMIC, was scheduled to begin on May 19, 2013. The
Electric Department received a quote for the painting of all four substation transformers. A
resolution would be coming to council for this soon.
In Public Works, street crews were preparing streets for striping and painting, pothole patching
with cold mix. They were waiting for the batch plant in Kenai to go into summertime production
mode of patching material before more extensive repairs could be made. The shop crews were
scoping and pricing for snow blower repairs, front end gear reduction and new ribbons, which
equated to approximately $30,000. In Parks and Recreation, Waterfront Park camping areas were
open and Forest Acres Park was expected to open May 22, 2013. William's Park would open soon,
and Spring Creek Campground was open for day use. The skate park, playgrounds, little league field
and boulder field were all open, while Jon Perry and Citizen's Fields remained closed. Sports and
Recreation held a successful Pink Cheeks Triathlon on May 4, 2013 with 250 racers and 120
�,., volunteers. May 18, 2013 was Kids Fish Day and the Exit Glacier Race / Terry Pollard Memorial.
City of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 127
City Attorney's Report, Cheryl Brooking issued the attorney report for the period between ...i
March 21 through April 20, 2013. The attorney's provided general legal advice and assisted with
ordinances, contracts, leases, employment, and labor matters. Brooking noted new laws passed by
the state legislature waiting for presentation to the Governor. One proposed change was to Title 36,
the state procurement code, which increased small contracting amounts from $50,000 to $100,000
and construction contracts from $100,000 to $200,000. Another act passed had to do with self
defense and Brooking read the revised law to the council.
Mayoral Report, David Seaward welcomed the public and those who were watching from
home tonight. He thanked Martha Fleming for recording the GCI broadcast.
Other Reports, Announcements and Presentations
Washington, D.C. and Seattle, Washington travel report by Vice Mayor Bardarson.
Bardarson said she traveled April 22 -26, 2013 with Hunt and Long. In Washington, D.C., they met
with Kate William of the Senate Oil and Gas Council and Geoff Bowman, professional staff for
Water Resources and Environment where they spoke about the Army Corps of Engineers,
specifically the Lowell Canyon Tunnel and past harbor projects that the Corps stated the city owed
money on. They continued meetings with Kip Knudsen, Director of State and Federal Relations,
who suggested the city recruit universities to come forward with their best ideas on how to improve
the Lowell Canyon Tunnel. The Army Corps of Engineers wanted $2 million for a tunnel study, in
which Seward would have to pay $1 million of that sum. Bardarson, Hunt, and Lon g also met with
Representative Young, Senator Murkowski, and staff for Senator Begich, and delivered the city's
federal priorities to each office.
In Seattle, Bardarson stated they met with Holland America, who informed them they would
be in Seward in 2014 with a larger ship. They met with Royal Celebrity Cruise Lines who confirmed
their continued presence in Seward as well. Sampson Tug and Barge reported they were happy in
Seward and TOTE gave good indication that Shell would be back in Seward in the future, although
Shell and TOTE were concerned with the condition of the Seward Highway. Bardarson thanked
Cindy Clock at the chamber for pulling this trip together.
PUBLIC HEARINGS — Listed under Unfinished Business
UNFINISHED BUSINESS
Items Postponed From Previous Agenda — Ordinances For Public Hearing And Enactment
(With A Second Public Hearing Requested By Council.)
Ordinance 2013 -004, Amending Seward City Code, Section 12.05.031, International
Mechanical Code, Adopting The 2012 International Mechanical Code (IMC) Including
Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It
was originally motioned by Shafer and seconded by Seaward.)
City of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 128
lbw Fire Chief David Squires stated the ordinance had no changes since the introduction date of
April 8, 2013 meeting.
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.
Motion (Shafer /Seaward) Enact Ordinance 2013 -004
(pram motion madeat the April 22, 2013 meeting)
Motion Passed Unanimous
Ordinance 2013 -005, Amending Seward City Code, Section 12.05.11, International Building
Code, Adopting The 2012 International Building Code (IBC) Including Revisions. (The
enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally
motioned by Casagranda and seconded by Shafer.)
As a conflict of interest was declared upon introduction of this ordinance on April 8, 2013,
Bardarson removed herself from the dais for this discussion and vote.
Squires requested council delete their earlier amendment and revise their condition to allow
for relocatable mancamps.
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.
Motion (Casagranda /Shafer) Enact Ordinance 2013 -005
(main motion madeat the April 22, 2013 meeting)
Motion to Amend (Terry/Keil) Amend Ordinance 2013 -005, by striking
item 13 in Section 2: "Chapter 1 Section
.. . . ..
City of Seward, Alaska City Council Minutes
Mav 13, 2013 Volume 39, Page 129
.. • • •• • .. . • ... i ''."
and renumbering accordingly.
Terry didn't think the city needed to change what had already been implemented in the
building code regarding temporary structures. If council deleted this section, they would revert to
how the code currently read, which was also written in the 2012 IBC code, without the city's
proposed revisions.
Motion to Amend Passed Unanimous
Motion to Amend (Terry /Keil) Amend Ordinance 2013 -005, striking the
following language in item 83 in Section
Two: e ' - ' - . ' .. - - _ !
Terry requested this amendment be made to remain consistent with the previous change, and
reverting back to the original requirements of temporary structures.
Motion to Amend Passed Unanimous
Shafer was concerned the council was adopting these codes before the state made any
changes before adopting them. She would like to see what the state did first, and wanted to make
sure the city did not make a more restrictive environment.
Terry said when the state adopted their final revisions; she hoped it would come back to
council for their review.
Motion Failed Yes: Valdatta, Terry, Seaward
No: Shafer, Keil
Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety,
Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions. (The
enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally
motioned by Casagranda and seconded by Shafer.)
Squires requested council consider the proposed amendment in their packet and renumber
accordingly.
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
Motion (Casagranda /Shafer) Enact Ordinance 2013 -006 ..i
City of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 130
(main motion made at the April 22, 2013 meeting)
'two
Motion to Amend (Terry /Bardarson) Amend Ordinance 2013 -006, adding a new
item 48 in Section Two: "Chapter 9,
Section 903.1.1 of the I.F.C. is revised by
adding a new Section 903.3.1.1.3 to read:
`903.1.1.3 (Inspectors test valve). A test
valve will be installed at the remote area in
both dry and wet systems to equal the
required flow of one sprinkler head. In
locations that use floor control valves the
inspector test valve may be collocated
where it can be installed to the exterior to
an interior drain." and renumber
accordingly.
Motion to Amend Passed Unanimous
Keil wondered if the amendment was substantial enough to go out for another public hearing
notice. Brooking deferred to the Fire Chief to determine if it had a material impact on the code
proposal. If there was question, it would be better to err on the side of caution and have another
notice.
Squires said the mention of the floor control valves was the section he could not answer with
certainty if there would be a cost increase for the user or not.
Motion to Postpone (Shafer/Keil) Postpone Ordinance 2013 -006 to the May
28, 2013 meeting.
Council requested this ordinance come back for an additional public hearing.
Motion to Postpone Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS
COUNCIL COMMENTS
Bardarson thanked and wished those luck in the upcoming Combat Fishing Tournament.
She hoped people participated in Lemonade Day, and wished everyone a Happy Belated Mother' s
Day.
Keil thanked those who picked up trash last Saturday and participated in the Bike Rodeo.
iru.
City of Seward, Alaska City Council Minutes
May 13, 2013 Volume 39, Page 131
Shafer congratulated the high school track teams at Regions and wished them luck at the ..
State Tournament.
Terry thanked Public Works for their tunnel inspections, she was lucky to go on a tour
inspection. The tunnel continued to need a lot of work as well as the diversion dike. This project
needed to be kept at a federal level until Seward could get buy in from the feds. She appreciated the
time Public Works took with their inspections.
Long hoped everyone would wear their personal flotation devices Friday.
Seaward wished everyone a Happy Mother's Day.
CITIZEN COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Keil wondered if there was a cost estimate for the baseline trail project that was proposed.
Hunt was not aware of any dollar figure at this point. It was a great idea, but would require a lot of
time and planning. They had not received formal plans at this point.
ADJOURNMENT
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The meeting was adjourned at 8:25 p.m. %ad y o hanna Kinney, CMC David Seaward
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ity Clerk Mayor
(City Seal)
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