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HomeMy WebLinkAbout08242015 City Council Minutes City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 594 CALL TO ORDER The August 24,2015 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 Dale Butts comprising a quorum of the Council; and Jim Hunt, City Manager Brenda Ballow, Acting City Clerk Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Joe Fong said he was the Administrator for Providence Seward Medical&Care Center and wanted to share certification surveys for the hospital and Mountain Haven. The surveys came unannounced and were annual, so they had to be prepared at any time. They had three surveyors come so far this year,and had only five minor deficiencies noted. This was the best survey they had had since Mountain Haven opened. There had been a corrective plan of action filed in a timely manner,which was accepted by the state last week. The medical center was also surveyed, but the hospital administration had not yet received the report.The final report was due September 2,2015. Tim McDonald said he attended an Alaska Arctic Council meeting today and received the impression from the governor that Alaskan ports were becoming a national issue, and McDonald translated that into probable federal funding in the future.McDonald shared some information on an alternative for processing garbage and sewage into feedstock. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Squires added a new item to Other New Business to discuss lease provisions. City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 595 Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the July 13,2015 and the July 27,2015 Regular City Council Meeting Minutes. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Founder's Day Proclamation. Chamber of Commerce Report. Chamber Director Cindy Clock said Governor Walker and his wife, Donna, enjoyed their visit to Seward last Friday and Saturday. The Seward Silver Salmon Derby was very successful, and the numbers of fish entries turned in was up from last year. The Seward Energy Group would meet on Wednesday,August 26,2015 at 12:00 p.m.at the library, and the Seward Marine Industrial Center(SMIC)Group would meet the following day at 9:15 a.m. in the same location.The 2015 Seward Energy Forum&Fair scheduled on October 9& 10,2015 at AVTEC. The Volunteer Appreciation dinner cruise would be Friday, September 4,2015 on Kenai Fjords Tours. Meet The Candidates Night was scheduled for Tuesday, September 22,2015 at 7:00 p.m. in City Council Chambers, and was also televised through GCI channel 9. City Manager's Report.Jim Hunt reported that Governor Walker met with administration, the mayor and the vice mayor;they discussed concerns over Lowell Canyon. On August 22,2015, the City Manager brought the Governor to view Lowell Canyon tunnel and waterfall in person,and the Governor said he would do whatever he could to assist the city. In response to Bardarson,Assistant City Manager Ron Long said there was potential for an off-season shuttle using grant funds. In response to Darling, Hunt confirmed the beautification program had been suspended because the contractor quit. Other Reports,Announcements and Presentations—None PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2015-003,Amending Chapters 11.01 And 11.05 Of The City's Vehicle And Traffic Code, Adopting State Of Alaska Traffic Laws, Adopting The Surcharge Required By AS 29.25.074,And Updating Enforcement Provisions Related To Traffic Violations. Motion (Terry/Casagranda) Enact Ordinance 2015-003 City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 596 Police Chief Tom Clemons said he had been working on this for the past two years and it would now allow the Police Department to write and receive remittance from parking tickets in accordance with state statutes. 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 to Amend (Squires/Keil) Amend Ordinance 2015-003 in Section 11.01.035(c)by striking"when at the scene of a fire"and replacing it with"when at the scene of an emergency." Motion to Amend Passed Unanimous Motion to Amend (Squires/Casagranda) Amend Ordinance 2015-003 by deleting Section 11.15.100 Camping. Motion to Amend Passed Unanimous Motion to Amend (Squires/Casagranda) Amend Ordinance 2015-003 in Section 11.25.075 Transportation of explosives within city by removing the quotation marks around the word "EXPLOSIVES" and then adding "as defined in SCC Section 9.15.330 (c)." following the word EXPLOSIVES. Motion to Amend Passed Unanimous Motion to Amend (Squires/Keil) Amend Ordinance 2015-003 in Section 11.25.075 Transportation of explosives within city by striking the remainder of the paragraph starting at "...and shall notify..." and replacing it with "The chief of police and the fire chief shall be notified of the amount and type of explosives being transported,timeline of the transport, and route to be used to transport the explosives. If any assistance is deemed necessary,such request shall be made at time of permit application and all costs of the assistance will be paid by the mover of the explosives." Motion to Amend Passed Unanimous City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 597 Butts asked for clarification about parking enforcement at the harbor,and Clemons confirmed that currently the only parking violation tickets that could be written were for infractions occurring within the city's parking lots. Butts asked if it would make sense to have a parking enforcement person dedicated during high season, and Clemons said it would be effective. Clemons confirmed that the only tickets a police officer could write in a private parking lot were for reckless driving, negligent driving, or driving under the influence. In response to Squires, Clemons said the parking person could be unsworn, similar to the animal control position. Main Motion Passed Unanimous Resolutions Requiring A Public Hearing Resolution 2015-073,Authorizing The City Manager To Enter Into A New Lease With Raibow Fiberglass And Boat Repair, LLC For Lot 2 Block 4 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. Seward Recording District,Third Judicial District, State Of Alaska. Motion (Terry/Casagranda) Approve Resolution 2015-073 Hunt said Raibow was currently a lessee at the Seward Marine Industrial Center(SMIC),and was now requesting to lease additional land. Harbormaster Norm Regis added that Raibow currently had a terminal lease permit which would expire in February,and last winter Raibow had demonstrated a busy operation at the site and had employed several people.Regis had faith that allowing Raibow to expand would result in growth for the business. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Tim McDonald said banks never required a business to have a lease over 35 years,no matter what kind of financing was sought.McDonald thought that,in general,the term of this lease was too long. No one else appeared to address the Council and the public hearing was closed Motion to Amend (Terry/Casagranda) Amend the title of Resolution 2015-073 by striking "Kenai Peninsula Borough, Plat No. Seward Recording District,Third Judicial District, State Of Alaska" and replacing it with "Raibow Replat." Motion to Amend Passed Unanimous Motion to Amend (Squires/Casagranda) Amend Section 9.5 of the lease by striking the City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 598 word "or" following "the United States" and adding the words "City of Seward" following"the State of Alaska." Motion to Amend Passed Unanimous Butts was concerned that the use of this property would just turn into a boat parking lot. In response,Hunt referred to the language in Section 1.7 of the lease between the City of Seward and Raibow,and Butts was comfortable with this performance language. Butts asked if the term of this lease brought it in line with other Raibow property leases, and Regis said it did. Main Motion Passed Unanimous Resolution 2015-074,Authorizing The City Manager To Enter Into A New Lease With Raibow Fiberglass And Boat Repair, LLC For Lot 4D Block 7 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. Seward Recording District,Third Judicial District, State Of Alaska. Motion (Terry/Casagranda) Approve Resolution 2015-074 Regis said this portion of the property was intended to accommodate longer vessels than could currently be handled. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Tim McDonald recalled the city paying to remove leftover derelict vessels following the 1989 oil spill. He was concerned that the storage of vessels would lead to derelict vessels on the property, and he was again concerned that the term of the lease was too long. Cindy Clock said the city should do everything they could to encourage business at the SMIC.Although she appreciated a cautious attitude,she didn't think anyone should stand in the way of SMIC development. No one else appeared to address the Council and the public hearing was closed Motion to Amend (Terry/Casagranda) Amend Resolution 2015-074 by striking "Kenai Peninsula Borough, Plat No. Seward Recording District,Third Judicial District, State Of Alaska" and replacing it with "Raibow Replat." Motion to Amend Passed Unanimous Motion to Amend (Squires/Casagranda) Amend Section 9.5 of the lease by striking the City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 599 word "or" following "the United States" and adding the words "City of Seward" following"the State of Alaska." Motion to Amend Passed Unanimous Butts asked if the property was currently clear of vessels,and Regis confirmed that the only vessel that had been there had been repaired last winter and had been used as a tender this summer. Squires asked if there was electric power or any city utilities on that property,and Regis said on this property there was none but the conduit was in place so the infrastructure was almost in place. Main Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Resolutions Resolution 2015-075, Authorizing The City's$2,826,080 Share Of Matching Funds For The A, B, C, S-Float Replacement Project At The Seward Small Boat Harbor, And The State's Matching Share Of$2,684,000, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2015-075 Regis said this project would finish the upgrade work on all the floats. In response to Butts, Regis said the floats would all be completed by April 30,2016.Boats that needed to be moved to the boat yard would be offered a free lift. Motion Passed Unanimous Resolution 2015-076,Authorizing The City Manager To Enter Into A Construction Contract With Turnagain Marine Construction In An Amount Not To Exceed$5,456,400 For The A,B, C, S-Float Replacement Project At The Seward Small Boat Harbor. Motion (Terry/Casagranda) Approve Resolution 2015-076 Regis said there were five responses received to the Invitation to Bid,and Turnagain Marine was the lowest and most responsive bidder. Butts commended the current and previous Harbormaster for their work on preparing this. Motion Passed Unanimous Resolution 2015-077, Authorizing The City Manager To Amend The Contract With R&M City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 600 Consultants Inc.For Marine Coastal Engineering Services For The Seward Marine Industrial Center, Changing The Scope Of Work To Include Breakwater And Dredging Construction Administration Services, And Increasing The Contract In An Amount Not To Exceed $554,075. Motion (Keil/Squires) Approve Resolution 2015-077 Hunt said R&M Consultants had been working with the city on other harbor projects, and administration wished to amend their current contract to include additional administrative services for the breakwater project. Long added it was necessary to shift focus on this project to having good oversight from a budget and timing standpoint.He said this was a time and materials contract,and once the city hired their Project Manager position, components of this contracted work would shift onto the city's employee. Motion Passed Unanimous Other New Business Items Discuss the City's Lease Provisions.Squires wanted to see uniformity in lease language and was concerned with conflicts or confusion between leases and permits. Currently,an entity could be in violation of a lease and compliant with a permit for the same project, and vice versa. Council directed administration to review the current language and parameters of leases versus permits and identify conflicts. INFORMATIONAL ITEMS AND REPORTS Letter to Anchorage on 1006 Founding Anniversary. COUNCIL COMMENTS Keil was looking forward to attending the Founder's Day celebration.She thought It was nice to see the culmination of major projects come to fruition. Terry thanked the harbor and administration for putting together a good packet that was well developed and helped minimize questions. Butts thanked all the volunteers and participants of the Lost Lake Run. On Thursday, he would be attending the Kenai Peninsula Economic Development District (KPEDD) meeting. He thanked everyone for making it through the Silver Salmon Derby. Squires echoed Terry's sentiments about the packet,and he thanked staff for answering his questions. He enjoyed"his visit with Governor Walker and had a nice discussion with him. City ofSeward,Alaska City Council Minutes. August 24, 2015 Volume 39,Page 601 Darling also echoed Terry's sentiments about the packet, and thought Harbormaster Regis did a great job preparing for it. She thanked all the volunteers who contributed their time and made the Lost Lake Run and the Silver Salmon Derby so successful. Bardarson thanked administration for answering her questions. She thanked Providence Medical Center for having a great State survey. She offered congratulations on a successful Silver Salmon Derby. CITIZEN COMMENTS Tim McDonald appreciated the shorter-than-99 year lease brought tonight. He opposed 99 year leases in general. He felt 99 year leases were not only a dereliction of fiduciary duties by the city, but also a taking disguised as a lease. He thought the shipyard was the city's most valuable asset. Matt Chase said when the harbor first obtained a 50 Ton TraveLift in the 1980s,it was clear to him that its purpose was to help build and enhance the community. He was excited with the potential growth opportunities for private businesses that SMIC provided. COUNCIL.AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Hunt objected to the use of the word "taking". The city did not sell the shipyard lease to Vigor. Rather, the transfer of the lease was a public process. Casagranda reminded everyone that school had started, so please watch out for kids and thank an educator. Squires had been asked many times what the city could do to entice business to Seward.He thought that if a business was required to provide a percentage of their profit in addition to a lease payment, they wouldn't be in business long. The city charged a fair and appropriate lease rate for whatever property they leased. Squires agreed that 99 years was a long term, but understood that there were provisions built into the lease to protect the city. Darling announced that there would not be a parking lot on First Avenue. EXECUTIVE SESSION Motion (Keil/Terry) Go into Executive Session to evaluate the performance of the City Manager. Council invited the City Manager to stay. Motion Passed Unanimous Council went into Executive Session at 8:37 p.m. City of Seward,Alaska City Council Minutes August 24, 2015 Volume 39, Page 602 Council came out of Executive Session at 9:21 p.m. ADJOURNMENT The meeting was adjourned at 9:21 p.m. ./741/ 76 r)aa‘ Brenda J. Ballou, C'C an Bardarson Acting City Clerk Mayor (City Seal)