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HomeMy WebLinkAbout10112010 City Council Minutes it of Seward, Alaska City Council Minutes October I1, 2010 Volume 38, Page 460 CALL TO ORDER The October 11, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Lieutenant Louis Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Marianna Keil Tom Smith Bob Valdatta comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — Jean Bardarson, Linda Amberg, Vanta Shafer law CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil /Smith) Approval of Agenda and Consent Agenda The following was pulled from the consent agenda: Resolution 2010 -096, Accepting A Grant From The Department Of Commerce Community And Economic Development Division Of Community And Regional Affairs FY 2010 Designated Legislative Grant For Security And Fire Protection For Commercial Passenger Vessels And Authorizing The City Manager To Enter Into A Construction Contract With Harris Sand & Gravel, Inc. For $1,389,214 And Appropriating Funds Not To Exceed $1,597,600. Motion Passed Unanimous The clerk read the following approved consent agenda items: ,,.,. The September 27, 2010 Regular City Council Meeting Minutes Were Approved. The October 5, 2010 municipal election was certified and the results declared final. FINAL CERTIFICATE OF RESULTS FOR THE REGULAR MUNICIPAL ELECTION HELD OCTOBER 5, 2010 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 5, 2010. Their totals are: ( Note: Total Counted plus Total Rejected =Total Voted ) Report of Absentee and Questioned Ballots Absentee ballots voted 43 Questioned ballots voted 3 Special Needs ballots voted 3 Total Voted 49 Rejected Not registered, registered too late 3 or registered out of City Form not completed properly Signed/witnessed after election day Total Rejected 3 Lbw Counted Absentee 44 Questioned 0 Special Needs 2 Total Counted 46 The Election Day results, after canvassing are as follows: Three Two -year Council Seats Election Da Votes After Canvass Votes Total Votes Marianna Keil 207 36 243 Jean Bardarson 196 34 230 Tim McDonald 115 18 133 Ristine Casagranda 162 23 185 Write Ins 15 3 18 103 P- Final Certificate of Results Regular Municipal Election Tuesday, October 5, 2010 Paget PROPOSITION NO. 1 FRANCHISE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE Do you approve a -one year franchise agreement with Alaska Pacific Environmental Services Anchorage, LLC doing business as Alaska Waste — Kenai Peninsula, LLC, for the collection and disposal of garbage and refuse? The franchise agreement would contain an option to extend for an additional one year and would provide for an annual rate review with consumer rates to be set by resolution of the City Council. Election Day Votes After Canvass Votes Total Votes YES 180 38 218 NO 79 6 85 A total of 270 people voted at this election plus _46_ counted absentee votes = 316 Total. Upon completion of the canvass, it is our opinion that the attached summary of election returns compiled above, accurately reflect the final totals for the Regular City Election held October 5, 2010. `h%rsba v` � eomld no# apPea1) Dated this 7 day of October, 2010. rr, _ _ .`mil _ -.0 - _ /77 0 A ∎.1'� Wei bs City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 461 • Ordinance 2010 -007, Amending Various Portions Of Seward City Code 15.20 Signs To Change, Update And Accommodate The Wishes Of The Public. (Was introduced and a public hearing set for October 25, 2010) Resolution 2010 -094, Accepting A Reimbursable Air Monitoring Program Grant And Appropriating Funds Totaling $16,000. Resolution 2010 -095, Authorizing The City Manager To Enter Into An Agreement With URS Corporation (URS) For Change Order #8 To The East Harbor Expansion Contract For An Amount Not -To- Exceed $82,543.00 And Appropriating Funds For Engineering, Permitting, And Construction Administrative Services For The Security (Z) Float Project In The Seward Small Boat Harbor. Resolution 2010 -097, Accepting The Retirement Of City Clerk Jean A. Lewis Contingent On Her Completion Of 30 Years Of State And Local Government Service As Established By The Division Of Retirement And Benefits Which Is Estimated To Be December 2010 Or January 2011. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards An Appreciation Was Read To The Seward Arts Council For The Seward Music And Arts Festival. Borough Assembly Report, Sue McClure stated there had been light agendas for the Assembly lately. While meeting in Horner an ordinance authorizing sale of land in Hope was approved for sealed bid and nice parcels were there. A new assembly would be sworn in at the next meeting because of term limits. Former Seward City Clerk Linda Murphy had been elected to hold one of those seats. McClure had visited Moose Pass, Hope and Cooper Landing and would be sending her Assembly report to the Turnagain Times also. Although not all of the borough election results were known, she announced Prop 1 for the schools passed and that Prop 2, which would change the form of government, failed by about 74 %. The Seward Summit last Friday was well attended and was a remarkable event which was co- sponsored by the City of Seward, the Seward Bear Creek Flood Service Area Board and the Kenai Peninsula Borough to discuss entitlement of land, gravel, costs and flood issues. McClure spoke of an attorney opinion about whether a council member for a city could be on the Borough Assembly also. City Manager's Report, City Manager Phillip Oates said the Coastal Villages Region Fund was established many years ago by Senator Stevens to assist communities located along the West of Alaska in bringing fishing village vessels to Alaska permanently. This company was looking to Seward to be the home base in Alaska for all their commercial fishing vessels. This would save them gas costs for running back to Seattle. Seward was sought out because of AVTEC, road, rail, ice free port, and the drydock shipyard. Infrastructure would need to be developed at SMIC to enclose the basin for them. Once that was done, other infrastructure would be added such City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 462 as dorms, stores, etc. This would be a huge economic boost for the City. Oates informed the public that he had been intimately involved with the non - compliant issues at Seward Mountain Haven, and assured that a plan of corrective action had been accepted, and he was confident Providence was taking the right actions with the right urgency to address those issues. Oates thought the navigability summit held in Seward was a huge success with the Kenai Peninsula Borough attorney drafting a statute to be submitted during the next legislative session. Oates stated there were no purchases approved between $10,000 and $50,000 since the last council meeting. He stated staff was working on the new city website which had new features such as; staff directory, community alerts and instant notification system, updated city news and community polls, which should go live within the week. • Harbor. Breakwater rock placement for the East Breakwater extension had begun and would continue through October 31, 2010, and dredging had begun on the grant funded project for the cruise ship basin and approach. • Library. The Seward Community Library was again named a 4 Star Library by Library Journal. Seward's library was one of 30 libraries in the $200,000 - $400,000 expenditures category nationwide and one of six Alaskan libraries to receive the star rating. • Electric. Transmission line repairs were completed with final costs due. Construction for the transmission line reroute for the North Forest Acres Levee was scheduled to start October 18th. • Public Works. Storm drain relocation and water line placement for the Coast Guard relocation and Z -float project water line would begin the week of October 11, 2010. The SMC dolphin project timeline and design was being discussed with completion of the construction bid by next spring and construction completion by the summer of 2011. The problem with the 3` Avenue sewer line was located and repaired, with the unbudgeted expenditure coming before the council at the October 25, 2010 meeting. Additional equipment was necessary to problem solve the sewer collection lines from #2 lift station back to Van Buren Street. A camera was needed to inspect the line, with work commencing on the week of October 18, 2010. Lift station #1 ventilation safety exit lights had been completed, pumps ordered for #4 lift station in Forest Acres, and they were 50% completed on electric upgrades for D Street. Keil asked for a ventilation window for the animal shelter. Oates was working on a solution for that. He assured he was keeping on top of the Long Term Care Facility with monthly meetings being held with Providence, Vice -Mayor Bardarson and Council Member Shafer. Mayoral Report, Mayor Willard E. Dunham re- capped his written report which was laid down before the council. September had been busy and he spoke of the Wada event, sustainable salmon research, congratulated the National Commander Legion from Alaska, and addressed the RDC on the Trustees litigation on stormwater drainage. Seward was not in the top 25 cities in Alaska with commercial fish permit holders, but was one of the top ports. He hoped efforts would be made to move the fishing industry from Seattle to Alaska. He congratulated the Fire Chief and his staff for the Great Fire conference. He could not iterate how important it would be if the Coastal City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 463 Villages came to Seward. He was invited to speak at the Anchorage Chamber of Commerce in November and he congratulated Rissie Casagranda for her election to the City Council. PUBLIC HEARING Non -Code Ordinance 2010 -003, Authorizing The City Manager To Enter Into A Revised Contract With The International Brotherhood Of Electrical Workers (IBEW) Effective July 1, 2010 And Ending June 30, 2013. Motion (Keil /Smith) Enact Ordinance 2010 -003 City Manager Phillip Oates stated there was much negotiation between the city and IBEW. Wages would increase for two individuals who were intimate with knowledge about the generator plant. Probationary periods were increased, there would be a freeze on all other positions, and no CPI increase was given because city employees were not given one. Oates relayed a good partnership existed with IBEW and there were no grievances. He spoke of future salary caps and budget processes to come. 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. Electric Utility Manager John Foutz answered questions. Motion Passed Unanimous Ordinance 2010 -004, Adding Section 15.10.245 Wind Energy Conversion Systems (WECS) To The Seward City Code Establishing A Process And Standards For The Siting, Construction, And Operation Of Wind Energy Conversion Systems (WECS) As Permitted Secondary Uses And Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 To Allow WECS In The RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS And P Zoning Districts. Motion (Keil /Smith) Enact Ordinance 2010 -004 Oates stated this was a very complex ordinance and established a conversion system as long as these were not connected to the grid. AVTEC would be erecting a wind turbine in the industrial area and needed to proceed ahead with their construction. He emphasized this would not allow connection to the grid at this time. Oates offered an amendment to assist with the sound levels for AVTEC's wind turbine. The amendment would change the decibels which followed the city code at different times of the day. Economic Development Director Christy Terry coordinated with the state of Alaska to split costs. There were some complaints with smaller turbine noise, but she thought sticking with the decibel levels in the code, some of the fonnulas could be tested before put in place. There would be only one unit per lot to reduce bird strikes. She had done extensive searches from other municipal City of Seward, Alaska October 1 !, 2010 City Council Minutes Volume 38, Page 464 codes and hoped it was a good start. Terry stated the Planning & Zoning Commission had worked with this ordinance for over one year. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Fred Esposito, introduced himself as the Director of AVTEC, and had contracted for a wind turbine. The sound issue had been researched and they would be the only training facility where this training could occur. He thought working on energy issues and renewables would be a unique opportunity for Seward. It would be an exciting project with multiple funding agencies involved for electrical integration and training technicians and operators. This would be a 100KW turbine measuring 130 feet from the base. 55 decibels would be heard at wind speeds of 20 mph, and he estimated they would operate 80% of the time under 55 decibels. Keil thought it was exciting to be on the cutting edge and to receive data to know if wind energy would work here. Amendment (Keil /Smith) On Section 1, Page 20, strike fifty d; (B) and insert "the 10:00 pm -7:00 am decibel levels set forth in Table 1. SCC 9.25.020," strike 50 in the formula and replace with "Si," add "Si— Sound Level r•• Limit" to the table, and strike the words • ' _ h ) from (5) and replace with "not to exceed the decibel level in Table 1, SCC 9.25.020." Amendment Passed Unanimous Main Motion Passed Unanimous Ordinance 2010 -005, Amending Seward City Code 15.10.140 Definitions To Allow Accessory Buildings On Adjacent Lots Of The Principal Building Or Use Served. Motion (Keil /Smith) Enact Ordinance 2010 -005 Oates stated the public had asked to add structures on their adjacent lots. This allowed a property owner to go across the lot line to build a garage or shed on the adjacent lot. This still would keep the development code but not have to remove the lot line before building the structures. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. 6e fir.. Kerry Martin's spoke and his only concern was preventing a person from selling the building alone. City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 465 Community Development Director Christy Terry answered this would allow structures without attaching a breezeway. She thought the advantages outweighed the problems of selling separately. Zoning would still be complied with. There was no mechanism to make them comply until the city knew of it, and they could build over an interior lot line. Motion Passed Unanimous Ordinance 2010 -006, Amending Seward City Code 2.25.130 And 2.25.135 Adding Operation And Maintenance Of The Seward Museum To The Library Department Of The City Of Seward And Renaming The Department The Library Museum Department. Motion (Keil /Smith) Enact Ordinance 2010 -006 Oates stated the intent of changing the name insured the intent to build the library museum and providing for the care and maintenance of the museum collection. The Resurrection Bay Historical Society would act as advisory body to the Library Museum Director on matters of interest. The Historical Society would continue to own the artifacts but the library would house them. He read the fiscal note on the agenda statement. Oates stated this did not address the other issues with moving and additional staffing. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. gni Keith Campbell urged the adoption of this ordinance. He also wittingly mentioned how he was looking forward to moving the cannon in the museum again. Motion Passed Unanimous NEW BUSINESS Resolution 2010 -096, Accepting A Grant From The Department Of Commerce Community And Economic Development Division Of Community And Regional Affairs FY 2010 Designated Legislative Grant For Security And Fire Protection For Commercial Passenger Vessels And Authorizing The City Manager To Enter Into A Construction Contract With Harris Sand & Gravel, Inc. For $1,389,214 And Appropriating Funds Not To Exceed $1,597,600. Oates was very happy to see this company being the lowest bidder and was proud the city was able to secure the funding. He stated the South harbor floats and uplands in 2007 were installed by this company and they were the responsive and responsible low bidder. The city was fortunate to have the money to improve fire and security protection for the harbor. Motion Approve Resolution 2010 -097 Motion Passed Unanimous City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 466 OTHER NEW BUSINESS A work session was scheduled to discuss the camera surveillance policy on November 8 at 5:30 pm. INFORMATIONAL ITEMS AND REPORTS (No action required) Copy of a letter from Vice -Mayor Bardarson to Shell Alaska. COUNCILS' COMMENTS Keil thanked the Fire and Parks & Rec departments for holding their conferences here. She thanked everyone who turned out to vote and looked forward to working with Rissie Casagranda. She also thanked Borough Mayor Carey for the excellent forum to assist with the city's flooding issues. She planned to go and advocate in Juneau for the Kenai Peninsula Borough's proposed legislation. She thought the council should discuss redistricting soon. Keil informed that John Torgerson was in charge of redistricting for the state. She thanked Jean Lewis for her 30 years of service in Seward. Smith also thanked Jean Lewis for her service and he too, was not looking forward to moving the cannon again. 6.. lv. Valdatta wanted the fisherman noticed of the upcoming discussions on salmon. He did not think people should be putting their rubbish on the curb for the city to pick up. Dunham noted the passing of Eugene Blatchford. He said the Blatchford family was one of the largest in the community and they were a prominent part of the community. He thanked the ARR for giving the family the opportunity to hold the ceremony in their terminal. Dunham was really sad to hear Laura Cloward had resigned from the Chamber of Commerce. He thought she was one of the most productive Director's Seward had ever had and would miss having her around. He would put an opinion poll on the new website about renewable energy and see how much citizens were willing to pay for it. The realization was renewable energy comes at a cost. CITIZENS' COMMENTS Tom Tougas thanked the council for passing the sand and gravel contract and he too thought they were a great company. He was still sorry the city was not addressing slips on Z float. These slips would generate more income, more people shopping, and more hotels occupied. He noted there still was a significant wait list. Tougas reported ten years ago when the North harbor expansion passed, it was designed to have slips, but there was not enough money. The public had been installation of slips would be a high priority. He requested all engineering for F float include slip designs. Tougas mentioned there was 16 more acres after moving the breakwater. He requested a task force be formed to complete a feasibility study for slip size and revenues. Demands had changed in the last ten years but things were always driven by the wait list. He wanted the city to look at how many people were on the wait list and what was the cost of building the fingers. He thought there was a way to get these slips completed and wanted a timeline established to get them. City of Seward, Alaska City Council Minutes October 11, 2010 Volume 38, Page 467 Manifred Dietrich, had operated a landing craft business out of Seward for 30 years. His tt concern with the new design with the harbor was there was no spot for these landing crafts to load and offload. All the beaches had been blocked off. With the new expansion, the landing would be totally blocked. He urged the council to look into this and find a solution. This did come up earlier and potential areas were discussed with then - Harbormaster Jim Beckham. This expansion could put him out of business. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS — None Oates agreed with Tougas and also wanted slip design. ADJOURNMENT The meeting was adjourned at 8:55 p.m. �jL��.� Jea Lewis, MC Willard E. 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