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HomeMy WebLinkAbout09282015 City Council Minutes City of Seward,Alaska City Council Minutes September 28, 2015 Volume 39,Page 520 CALL TO ORDER The September 28,2015 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 Ristine Casagranda Christy Terry David Squires Dale Butts Iris Darling comprising a quorum of the Council; and Kris Erchinger,Acting City Manager Johanna Kinney, City Clerk Absent—Marianna Keil CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING • Tim McDonald said he was accused of not being clear on his handouts last meeting. McDonald referred to the Maintenance and Operating Agreement for the ship lift facility that was amended in 2014. McDonald had concerns with Section 3.01 of the agreement which stated the operator shall have the right to collect and retain all revenue received from the facility. He also thought Section D of the Recitals contradicted the newly amended Section 5.02 in regards to assignment of agreement: one section said the city needed to have consent,the other said consent by the city was not needed. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the August 10,2015 and August 24,2015 Regular City Council Meeting Minutes and the August 31,2015 Special City Council Meeting Minutes. City of Seward,Alaska City Council Minutes September 28, 2015 Volume 39, Page 521 Schedule a work session with BDO to review 2014 audit results for Monday,October 12,2015 at 5:30 p.m. Ordinance 2015-004, Amending Portions Of Seward City Code § 14.05.010 Refuse Service Provided And Required,To Clarify That Refuse Billing Is Not Required On Vacant Lots And That Mandatory Refuse Service Does Not Preclude Individuals From Disposing Of Their Own Refuse, But Still Requires Payment For Refuse Service,And Seward City Code § 14.05.040 Frequency Of Collection,To Clarify That The Requirement To Clean Garbage Receptacles Is That Of The Person Occupying And/Or Owning The Property. (Introduced and set for public hearing and enactment October 12, 2015) Resolution 2015-085, Authorizing A Donation Of$2,000 To The Phoenix Chapter Of The Alaska State Firefighters Association For The 2015 Alaska Fire Conference Held In Seward The Week Of September 28,2015—October 3,2015. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards—None Chamber of Commerce Report. Cindy Clock thanked everyone for their work on the music and arts festival last weekend. She welcomed the firefighters across the state to Seward for • their annual conference. Clock said in tallying up visitor statistics she learned the visitor's center received 1,500 more visitors in 2015 than the year before. The chamber had 13 new members.The next chamber luncheon was October 2, 2015 where the speaker will be a representative from the Alaska Energy Authority. City Manager's Report.Acting City Manager Kris Erchinger said three purchase orders had been approved by the City Manager since the last council meeting:$22,707 to R&M Consultants from Parks and Recreation for the Seward Beach Erosion Project, $30,000 to Trailhead Lodging from the Electric Department for meter reading services,and$15,000 to Procomm Alaska from the Police Department for three dispatch computers. Erchinger added an update from the sewage lagoon sludge removal project.She was happy to report the project had gone well,most recently with the installation of the bio domes.Both lagoons were refilled and now operational. City staff and M.L. Foster did a final inspection and a report should be forthcoming to council soon. The project was completed on schedule and significantly under budget.Erchinger stated Public Works would prepare a spreadsheet on the costs for the next meeting. She estimated it was approximately$1.1 million under budget. In response to Terry, Erchinger did not know when staff would have preliminary budgets to council but would keep them updated when she would have an answer to that question. In response to Casagranda,Erchinger said she would find out the anticipated completion date for the water tank project. In response to Darling, Electric Utility Manager John Foutz said his department was working on two major projects before the ground froze.In downtime in between those projects,the • City of Seward,Alaska City Council Minutes September 28,2015 Volume 39, Page 522 crew was working to replace the downtown decorative streetlights.Once the ground froze,Foutz said they would be able to dedicate more time to that project. City Attorney's Report.Will Earnhart announce Wohlforth,Brecht and Cartledge would be closing their doors at the end of the year. Attorneys Wohlforth and Earnhart would be going to different firms.Earlier this evening,council had a special meeting to go into Executive Session on this matter. Council came out of session and made three motions: direct staff to draft a Request For Proposals for legal services,to keep Eric Wohlforth on as the city's attorney through 2015, and to direct administration to negotiate a contract with Will Earnhart to represent the city with any current or pending litigation. Earnhart said he and Wohlforth intended to work together to make sure the transition of legal representation was smooth and Seward would be well represented.Earnhart stated the City of Seward had a great group of people and he enjoyed working with everyone in Seward. Other Reports,Announcements and Presentations—None PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS—None Other New Business Items—None INFORMATIONAL ITEMS AND REPORTS City and Providence Financial Reports through July, 2015. Status update for the All Hazard Mitigation Plan, Annual Report to the National Flood Insurance Program Community Rating System. COUNCIL COMMENTS Terry welcomed the attendees,instructors,and vendors for the fire conference.It was a big event. She thanked the Seward Music and Arts Festival organizers. It was a great event and good economics for Seward as well as a great opportunity for the arts. The Anchorage Economic Development Corporation had a conference in Anchorage,and attendees would be traveling down to Seward on the train on October 3,2015 so that would also bring many people to Seward for the day. It would be a busy weekend. Terry announced she would not be at the October 12,2015 meeting as she would be attending the State Harbormaster's Conference in Anchorage that week. Butts welcomed the 300 firefighters and guests coming to town this week. He encouraged people to participate in the annual run honoring medic and firefighter Cameron Carter. Casagranda reminded everyone that October 6, 2015 was Election Day and to please go vote. She echoed the comments about how great it was to have these great economic boosts of the conferences and festivals in Seward. City of Seward,Alaska City Council Minutes September 28, 2015 Volume 39, Page 523 Squires encouraged the public to vote. He stated on September 19, 2015, police dispatch received a report of a man in the water in the harbor.Many people responded including a cab driver, Officer Morgan Woodard, Sean Corrigan,Austin Chapman,and Mike McHone responded to assist in saving this individual's life.These individuals put their own lives in danger to rescue someone.He was excited for the many people attending the firefighter conference this week and hoped the community would welcome these new visitors. Darling reiterated earlier comments, agreeing it was great to have a town full of people in October. She was happy to see the shoulder season in Seward grow. Bardarson said from the Seward Music and Arts Festival to the State Firefighters Conference,this town had a lot of volunteers to thank. She also thanked the Alaska Railroad for the use of their terminal for these big events. Erchinger reminded the public the budget work sessions would be October 7-9,2015 at 6 p.m. She thanked Earnhart and Wohlforth for their years of service to the city. Bardarson also thanked the attorneys for their service and Terry for her work on the City Council as this looked like it would be her last regular meeting. CITIZEN COMMENTS Curt Jacobson, President of the Phoenix Chapter of the Alaska State Firefighters Association, thanked council for their generous donation tonight. In 2010, the Phoenix Chapter hosted this conference with over 400 people attending. They had nothing but positive feedback for the event, and hoped for the same this week. He thanked council again for their generosity. Tim McDonald said the firefighter's conference was a nice way to end the season. He'd introduced copies of the 2012 Maintenance and Operating Agreement with Seward Ship's Drydock. This was the second biggest shiplift facility in Alaska.He recited again the various clauses from the agreement that concerned him.He stated again the money earned from this facility was kept by the vendor and the city wasn't retaining any of the revenues. The Seward Marine Industrial Center (SMIC) was a strategic asset of national importance and he was concerned with the language on assigning the agreement to another vendor with consent of the council was contradictory at times. This language was a dangerous precedent that the council unfortunately inherited but should have fixed when they had the opportunity. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Terry asked if the clerk could help retrieve records to the public,and Kinney confirmed she could. Terry asked if the administration could help explain and answer citizen questions as they arose. Long confirmed they could as well. Butts asked if he was a business in town and using an asset from the city like a fish cleaning station, were any portion of their profits required to be given back to the city? Erchinger wasn't aware of any requirement,but regarding SMIC and the shiplift operating agreement and lease,the City of Seward,Alaska City Council Minutes September 28,2015 Volume 39, Page 524 city received a benefit such as lease payments from city lessees including maintenance costs the city didn't have to spend. She reminded the council and public the lift was not purchased by the city,but with federal funds. The city didn't have to pay costs on insurance or pay to maintain the asset. A • certification was required and this also was not paid for by the city. Casagranda appreciated Erchinger's explanation, and added the operator was also responsible for maintaining the rails at the facility. ADJOURNMENT The meeting was adjourned at 7:57 p.m. L Jo anna Ki ,(ar C J-. Bardarson Ci , Clerk Mayor (City Seal) 0055 098:®®e • C °V `tom°o i • L o °` 0 0° - c SEAL o ° ® --0— O C 410 S�• •° °j° °1°OO°o � 'a 0 ty eA�4j' � '4a®o�OO F aR