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HomeMy WebLinkAbout10122015 City Council Minutes City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39,Page 525 CALL TO ORDER The October 12,2015 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 David Squires Dale Butts Iris Darling comprising a quorum of the Council; and Ron Long,Assistant City Manager Johanna Kinney, City Clerk Absent—Christy Terry CITIZEN.COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING • Orson Smith,city representative on the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC), noted since his last council report the PWSRCAC had a quarterly meeting where they greeted new members from Seldovia, Whittier, and the Chenega Corporation. The advisory council approved several projects for 2016,including an expansion of weather modeling,a study of harbors and refuge in the sound,and the purchase and deployment of a commercially viable weather buoy on the tanker route that also had response capabilities.He also recently participated in an oil spill drill held by BP. Tim McDonald spoke on the city utility policy. Council recently passed a clarification of the garbage collection statute, and McDonald wondered what happened to the American ideal of"you get what you pay for".Butts called a point of order on this comment and noted this item was up for public hearing this evening, which had its own comment period. McDonald continued, stating he believed the city was behind on the maintenance of their utilities. Staff had time to research alternative plans to remedy the sewage lagoon repairs at Lowell Point before it became such a problem. He noted sewage waste could be considered a resource to the city. The city needed new technology and new thinking. APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39, Page 526 Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda The following items were added under Other New Business by Darling:Discussion of a fish tax and crane for the harbor, Discussion of the 2016-2017 Budget. The following item was added under Other New Business by Bardarson: Reschedule the Maple Street Sewer and Water Work Session. Bardarson added a proclamation to the agenda, recognizing Morgan Woodard and responders for successful lifesaving efforts. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the September 14,2015 Regular City Council Meeting Minutes,the September 2, 2015 and the September 14,2015 Special City Council Meeting Minutes. Certification of the October 6,2015 Municipal Election. City of Seward October 6,2015 Election Day results, after canvassing,were as follows: Three City Council Seats Available (Two-Year Terms) Election Day Votes After Canvass Votes Total Votes Dave Squires 238 48 286 Sue McClure 246 42 288 Deborah Altermatt 193 40 233 Write-Ins 29 1 30 One Mayor Seat Available (Two-Year Term) Election Day Votes After Canvass Votes Total Votes Jean Bardarson 240 48 288 Tim McDonald 44 4 48 Write-Ins 8 0 8 Summary A total of 302 people voted at this election. There were 53 absentee in person and by-mail ballots. City of Seward,Alaska City Council Minutes October 12,2015 Volume 39, Page 527 There were 0 special needs ballots. There were 1 questioned ballots. Therefore, 356 voters turned out. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations &Awards An award and proclamation for lifesaving was presented to Morgan Woodard and fellow responders. Borough Assembly Report.Sue McClure reported this was her final assembly report and tomorrow she would be attending her final assembly meeting as Seward's representative. She stated two great candidates ran for her seat, and announced Brandii Holmdahl would follow in her footsteps. There were other very close races for other assembly seats and reminded the public that every vote counts. McClure said during her tenure serving on the Kenai Peninsula Borough Assembly,she gave 72 reports to the council,authored 126 written reports,attended 180 service area meetings, made 12 trips, broke 2 bones, and destroyed one moose with her car. She encouraged Holmdahl to continue the reporting process.McClure was looking forward to serving on the council beginning this month. City Manager's Report. Assistant City Manager Ron Long made a correction to the written manager's report.Letters to other utilities requesting letters of interest for power purchase did not go out, as it seemed to be a good time to put this on hold for the next couple of years. Administration intended to live out the term of the power purchase contract with Chugach Electric. Council indicated a work session in January or February to learn about how the creation of a Transmission Company and a Unified System Operator would impact the city's electric utility in would be ideal. In response to Butts,,Electric Utility Manager John Foutz said no swans had been lost since the department installed diverters on the power lines. In response to Butts, Long anticipated a report on his and Hunt's recent International City/County Management Association conference, and added he learned a lot. In response to Casagranda, Long stated the City Manager would be back in the office on Wednesday. In response to Bardarson, Long stated the city needed additional storage for sand at Metco due to lack of storage in town. Other Reports,Announcements and Presentations 2014 Audit Presentation by BDO,USA. City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39,Page 528 PUBLIC HEARINGS Ordinances Requiring A Public Hearing 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. Motion (Keil/Casagranda) Enact Ordinance 2015-004 Finance Director Kristin Erchinger said most of these items in this ordinance were of a housekeeping nature. Historically, vacant lots had not been billed for by the contractor, and this formally reflected that practice. Administration's intent was to also further clarify confusing language. This ordinance clarified residents were welcome to remove garbage from their own property,but it did not exempt the mandatory garbage requirement.This ordinance also clarified it was the property owner's responsibility to keep their containers clean.No exemptions were being proposed at this time. Long reiterated this was administration's attempt to capture all direction and discussion at past work sessions on this subject. He noted this was not a monopoly and there was not room for competition with the uniform level expected by the Regulatory Commission of Alaska. It was regulated,not monopolized. That was to protect the public interest,not take advantage of it. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tim McDonald asked for fair play and people should get what they paid for.He felt citizens were getting charged for every little thing.He stated the monopolization of this was the enforcement of the issue by shutting off other utilities for nonpayment.People should be able to opt out just like they had the ability to turn their other utilities off. McDonald said the council was not going far enough in revising these rules.He added they were being held hostage for old technologies as well.It didn't seem ethical to charge for this service; they should revise the whole code. No one else appeared to address the Council and the public hearing was closed. In response to Squires, City Clerk Johanna Kinney stated if this failed tonight and the council still wanted to change this section of the code, a new ordinance would need to be prepared for consideration. Long stated the city managed the collection of waste and did not have anything to do with collection outside the city limits. Long stated taxpayers paid for police cars and didn't always use them. There was a public safety and health interest mandated to the city. The capacity needed to be there. City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39,Page 529 Squires stated code didn't currently require hooking into water and electric. He didn't like this ordinance because it didn't go far enough in detail of what needed to be changed. There were parts that needed to mesh with other parts of the city code like sewer,water,and electric.He thought staff attempted this well,but didn't go far enough into the code like termination of utilities in section 14.01. Keil said if the ordinance was defeated,the unclear language would still exist. She thought they should pass the ordinance and do more revisions as well. Long reiterated this was their effort to capture the takeaways from past sessions. These included the areas of consensus.they found.This was a step towards clarifying the issues addressed by council and the public. Butts asked if there was any type of grace period to pay for the service on start up.Erchinger noted when someone came in to obtain service;their utilities would not be read and billed until the next subsequent month. With this guideline currently in place, the city didn't get payment until approximately two months after service was granted. Butts asked if there was a dollar amount for a fine or fee if someone was not keeping their property clean of garbage. Long said the city first talked to the owner or occupant.He added that to shut someone's power off for failure to pay for garbage was the very last option on a list of many steps to gain compliance.Butts didn't want to minimize how big this issue was.He added the onus of recycling was on the producer,not on the city.The service was available at the treatment facility. In response to Casagranda,Erchinger said the yearly Consumer Price Index(CPI)increases on the contract were clearly specified with the council and the voters prior to approval of the contract. The vendor's annual prices were above the CPI and Erchinger explained there were other costs included such as infrastructure and fuel costs. Keil agreed that was clearly delineated at the time and the voters did vote on this franchise. She didn't use services like fire,police,building inspector,Teen and Youth Center,but she still paid for them. Squires said those were tax services, not a utility. But he was in agreement they needed garbage service in town. In response to Casagranda,Long and Erchinger said there was only one Certificate of Public Convenience and Necessity permit issued by the state and it was not possible for more than one to be issued. Long said of the various utilities,some were optional and some were not. Sewer demanded a legitimate public safety interest,and he argued garbage would also be a public safety issue.Misuse on either of those potentially affected the public as a whole.Erchinger added that mandatory garbage service had been in Seward for decades.Not all communities handled it through a utility but through taxes. It had been discussed if this service should just be included in taxes,but the problem of that was a lot of properties were tax exempt, and then those would pay nothing in tax collection. That was why they opted to charge as a utility service. City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39,Page 530 Butts asked clarification on the city dumpsters in the Central Harbor District.Long clarified harbor vessel users and shore-based businesses were permitted to use these containers, and usage fees were passed on to them. Motion Passed Yes: Butts, Darling, Casagranda, Keil, Bardarson No: Squires Resolutions Requiring A Public Hearing Resolution 2015-086, Authorizing The City Manager To Enter Into A Permit Agreement With The U.S. Army Corps Of Engineers (USACE), Dedicating Tract A-1A, Seward Tidelands Survey ATS 1574,Tract A,Replat No.2,As The Mitigation Site Specified In The Conditions And Mitigation Details Included In The USACE Permit#POA-1980-469-M13 Issued May,2015. Motion (Keil/Squires) Approve Resolution 2015-086 Long said this was a short permit with a length of 18 months for the Seward Marine Industrial Center(SMIC)Breakwater Project.There were some new mitigation areas required for additional permitting. Because the city was taking some of the ecosystem out to construct a breakwater,they were required to compensate with other land for conservation.The first proposal was for a conservation easement which required third party monitoring. Only one organization met the many requirements of the U.S.Army Corps of Engineers(Corps). The other option was paying$400,000 in cash for the land,which took away from city funds.The least prescriptive and costly route was this restrictive covenant proposed to council tonight.The city would need to put up signs in the area and report with photographs to the Corps annually that they were still meeting the needs of the permit. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Tim McDonald asked if the parcel of land extended up to the beach, affecting anchoring areas and if so,had the land owners been notified. No one else appeared to address the Council and the public hearing was closed Long pointed out the largely submerged area in question and the fifty foot public access easement abutting the property in question. The only access to this area was by boat. The activities occurring there today like fishing would still be allowed.This resolution would require signage to be placed on the beach, but access would not be restricted. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39,Page 531 Other New Business Items Discussion on the fish tax and a crane for the harbor.Darling wanted the city to impose a 1%tax on raw fish to be placed in an account for commercial fishing services to be used to engineer and install a five ton crane on I-Dock. She asked for council support on this. Council recessed at 8:35 p.m. Council resumed at 8:41 p.m. Darling clarified in 2014,the city's portion of the rax fish tax fund was about 3%,with.75% total going back to the city. She thought that after talking to several people the one percent could belong to the city and be specifically allocated to fund a crane and grid to further enhance the Seward fishing industry. Everything left over could go towards the implementation of a grid in the harbor. Darling also proposed creating a three member committee of those in the commercial fishing industry to work with the city on the project. In response to Long, Darling thought this could bring in $480,000 a year. The committee could work to get the right crane with the Harbormaster. Long said $44,000 was from the shared fisheries tax. The bigger share of $480,000 was from the state, but they would confirm these numbers. Long didn't know if raising the tax on fish would attract fishermen back to Seward. He asked council to give him some time to run the math and perhaps they could consider a fuel taxation since everyone used fuel in the harbor. Keil wanted a work session on this to be prepared to talk about this. They could discuss revenue streams and look at many options to fund a crane. Butts said a crane would benefit the fisherman more, so perhaps it shouldn't be a more universal tax. He would be in favor of a work session as well. Bardarson supported a work session,but said she felt more than just the fishing fleet would use a crane. A work session on funding for a public crane and grid was scheduled for November 9,2015 at 6:00 p.m. Discussion of the 2016-2017 Budget.Darling compiled some figures that she hoped would make more sense and show some overall figures for the Parks and Recreation and Public Works Departments. Reschedule the Maple Street Sewer and Water Project Work Session.This work session was rescheduled to November 9,2015 at 5:00 p.m. INFORMATIONAL ITEMS AND REPORTS—None COUNCIL COMMENTS Keil had the utmost respect for police officers and responders. They deserved all accolades City of Seward,Alaska City Council Minutes October 12, 2015 Volume 39, Page 532 they got. She congratulated incoming council members and mayor and thanked those outgoing members for their service.She congratulated Brandii Holmdahl to the borough assembly and thanked Kenn Carpenter for running. She thanked Sue McClure for her dedication on the borough assembly. She reminded the public that the annual Pumpkin Prowl and Family Masquerade Ball was on October 24, 2015 and the Halloween Carnival was on October 31, 2015. Butts congratulated Woodard for his dedication as a police officer and firefighter. He congratulated Bardarson, McClure, and Altermatt on their elections. He noted the fire conference went well and he received a lot of positive comments and thanked those in town who helped make it a success.Butts thanked all the volunteers and Fire Department.He thanked his best friend and wife for her patience. Council met on her birthday earlier this year, and tonight was their anniversary. Casagranda echoed Keil's thoughts. She congratulated those coming onto council and thanked those who were departing. Squires congratulated the newly elected members. He thanked Darling for her service and noted it had been a pleasure working with her. He thanked Terry as well for her service. He also thanked the public for voting for him and returning him to the dais. Squires noted he would not be present for the October 26, 2015 meeting. He hoped for some more public involvement at the October 16, 2015 work session on the 2016-2017 budget. Darling thanked the mayor and the council for putting up with her. Serving on council had been a wonderful experience. She thanked the public for electing her. Darling asked the public to please stay involved with the council and the city. They needed their input. Bardarson thanked the public for their support and council for their input. She appreciated the outgoing members and welcomed the incoming members.There were a lot of volunteers for the fire conference,and particularly thanked Jilian Chapman for her efforts and being a key player in the planning. Long thanked Darling and Terry,he learned from each of them and hoped they continue to be involved.He thanked those that ran for council again,thanked the new members,and thanked those who ran on any board, commission, council, or assembly. CITIZEN COMMENTS Tim McDonald wanted to make a couple of corrections concerning the garbage contractor.It wasn't the monetary issue,but the principle of it requiring everyone to pay for a service they may not necessarily want.The operation and maintenance agreement of the shipyard lease was implemented in 1995 with many amendments. It still stated the operator had the right to collect and retain all revenue received from facility.He thought this contract was flawed and there was no reason why the city should be giving away arguably their most important asset.He thought the way this was set up couldn't be any better for the operator and any worse for the city. City of Seward;Alaska City Council Minutes October 12, 2015 Volume 39,Page 533 Rhonda Hubbard thanked the outgoing council members for their service. She appreciated the time they took serving the community. She thanked Council Member Darling for bringing the crane issue to the table. Hubbard stated the council needed to quit coming up with excuses for funding. She thought there was a'revenue stream somewhere they could tap into and any revenue stream they decided on should have a sunset. 1%fish tax was somewhat steep and she encouraged administration to look at those numbers before going into the work session. A fuel tax was a good option as well since others besides fisherman would use the crane. A wharfage allowance or fee could be enforced or resurrected; she thought there used to be one. They did have a large transient fleet that came in here,it would be a shame to deter that with another tax,but if it went to improving infrastructure it might go over better. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil was pleased with the outcome of the election. Butts said a couple years ago he had a garbage can torn through by some dogs. The people from Alaska Waste went out there and cleaned it up.A year before that they returned his garbage can that was about three blocks away. They did a really good job and hoped the public knew that. Casagranda was going to make up some time to the family and would not be here for the meeting on October 26, 2015. Darling thanked the Hubbard's for coming in tonight,supporting the fishing community,and attending their work sessions. She hoped they could attend the November 9, 2015 work session scheduled tonight. Long said on the assignment of shiplift lease, it was important to understand what an intermediary was. They would need to approve assignment, and recited some other clauses in the agreement referenced by McDonald,and noted some were taken from state statute.There was a large volume of fish that came in to Seward and felt there was significant fishing activity in the community.Administration would look across many sectors when determining a viable way to pay for a crane and hoped everyone would approach this delicately.Long stated he would also look into wharfage as Hubbard mentioned. ADJOURNMENT The meeting was adjourned at 9:23 p.m. 01.1° 44L40 Jo n anna Ki ', CMC -an Bardarson 'ty Clerk Mayor (City Seal) ®°° Of 8 tv, c);cp� 'sF0,r�; e tc o O 4c7 .9 T qa t, ® ♦ C� •A;fi o , !f ' o 1.0 We9Y(41, wwSSY• A>` If a yipF P Ltl'.S,"', 6� B OF ���C6��tii ine 9 US