HomeMy WebLinkAbout07112011 City Council Minutes City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 619
CALL TO ORDER
The July 11, 2011 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Lieutenant Butch Tiner led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and Marianna Keil
Jean Bardarson Vanta Shafer
Bob Valdatta Ristine Casagranda
Tom Smith
comprising a quorum of the Council; and
Phillip Oates, City Manager
Cheryl Brooking, City Attorney
Johanna Kinney, City Clerk
Absent — None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Christy Terry spoke on the request to purchase the Jesse Lee Home. She could not find in
any legislative history that council had made any agreement the Friends of the Jesse Lee Horne
alluded to. She supported the project, but there should be some kind of trade agreement in place,
rather than an offer to purchase it for a dollar. Terry was worried about the potential partners and she
was concerned with the school districts not being represented and council should encourage this
partnership to include the school system. She glanced over the water storage tank project and
encouraged council to take a look at land the city already owned and not purchasing private land.
Hilda Lespron of the Seward Arts Council, thanked council for everything they had done for
the Seward Arts Council. The new mural was beautiful and she thanked the council for supporting
this. Lespron shared an invitation for the Chautauqua Group, who was a vaudeville show corning to
Seward on August 9, 2011. There would be a parade and workshops and she wanted to extend the
invitation to the Council Members.
Emily Gustafson spoke in support of the Scheffler Creek Bridge project. It was exciting to
see another avenue to provide access to the waterfront.
City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 620
APPROVAL OF AGENDA AND CONSENT AGENDA .r
Motion (Bardarson /Keil) Approval of Agenda and Consent Agenda
Resolution 2011 -056 was removed from the consent agenda by Council Member Casagranda.
A City Attorney Report was added to the agenda.
A discussion item was added on door -to -door sales.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
The June 20, 2011 City Council Special Meeting Minutes and the June 27, 2011 Regular City
Council Meeting Minutes Were Approved.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A proclamation was read for July National Recreation and Parks Month.
Borough Assembly Report, Sue McClure stated the Borough Assembly had two meetings
since she last came to council. At the June 21, 2011 meeting, the Assembly passed a stream
ordinance that added more streams to the Anadromous Stream Habitat Protection. On July 5, 2011,
the Assembly passed a resolution in memoriam for Bill Noll and it was sent to his family. They also
passed an ordinance for the October ballot for a .1% sales tax increase to go to economic
development. McClure, along with the representatives from Homer and the South Peninsula, were
adamant about the mayor explaining the issues with the tsunami warning system. The push was to
try and get the state involved at this point so the alarms did not go off incorrectly. The Assembly re-
appointed Cindy Ecklund to the Borough Planning Commission. There would be a public hearing at
the August meeting to put the abolishment of the Lowell Point Service Area on the ballot. Also on
that meeting agenda was an item to come up with specific wording on ballot for reapportionment due
to the 2010 census, addressing if the Assembly should move from a nine member Assembly to an
eleven member Assembly. If the Assembly did not provide this wording, the reapportionment would
just make this change to an eleven person Assembly. There was still a City of Seward seat available
on the Seward Bear Creek Service Area Flood Board.
City Manager's Report, City Manager Phillip Oates stated they were approved in the
governor's capital budget, and the city did very well. He listed the funding Seward received. Oates
gave a lengthy list of accomplishments Seward had achieved since Oates had come to Seward as the
City Manager. There had been no purchases approved between $10,000- 50,000 since the last
Council Meeting.
City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 621
The Security or `Z' float in the Northeast Harbor was at substantial completion but the
electric pedestals would not be installed until September 2011. The float was opened to the public
on July 2, 2011. The fire- rescue boat John Foster would be located at the base of the ramp and the
USCG Cutter Mustang would relocate to the end of the float in October, 2011. The Harbor
Department was researching the purchase of a dumpster to place near Z float in the NE Harbor. A
dumpster was currently being rented for approximately $325 a month. The total cost of the new
dumpster, including shipping, would be less than $15,000, equivalent to approximately 3.5 years of
renting. One of the Harbor's seasonal staff saved a boat from sinking while logging the floats during
the evening hours of July 2, 2011. His quick thinking and assistance from on -call staff facilitated the
removal of the vessel from the water. Six new electric pedestals had been installed at SMIC,
enabling vessels to connect to power using shore power cords. These pedestals were the same model
that were used at the I & T dock. The total number of available power connections at SMIC was
now 17 (previously 11 connections). Harbormaster Kari Anderson submitted a letter of resignation.
Her last day with the City of Seward would be September 2, 2011.
The Library project was moving ahead with a Notice To Proceed the first week of August.
There were two vacancies on the Planning and Zoning Commission. The Racing Lions applied for a
new lease for their racing parcel. The camera located at the Fire Department had been removed. It
would be reinstalled on Church Street in accordance with guidance from the City Council.
City Attorney's Report, Cheryl Brooking stated from end of May to end of June, the city's
attorneys provided advice on ordinances and resolutions, proposed library /museum project and
possibilities for funding and repayment of GO bonds, reviewed proposed changes to camera policy
and contracts presented. They provided assistance on the referendum process, administrative
matters, employment matters, land use /zoning matters, and code enforcement. They continued to
pursue condemnation of the land for the North Forest Acres Levee road project though no court date
had been set yet. Brooking stated the firm reviewed compliance concerns with the ship lift facility,
including possible renewal /options of the expiration of the management agreement. She requested
rehearing by Ninth Circuit Court of Appeals with Resurrection Bay Conservation Alliance and had
not heard a response from the court. Brooking noted the decision was remanded to the district court
on the issue of attorney fees and costs.
Mayoral Report, Mayor Willard E. Dunham attended the annual RDC dinner in
Anchorage. He had a visit from Arni Thomson of the United Fishermen of Alaska to talk about the
Coastal Villages project. The United Fishermen Association's mantra was to bring the fishing
industry back to Alaska, so they were willing to help Seward with this project. Dunham stated he
would like to pursue encouraging the film industry to come to Alaska and to Seward. He attended an
ARCTEC meeting and met with the Director of Alaska Energy Authority. Some utilities were upset
the Governor halved the ARCTEC funding request and wanted to meet this week to discuss how they
could use the remaining funding granted to them. Dunham attended the Senior Citizen mural
dedication and thanked Barbara Lavallee for coming. He thanked all those who helped with the
Fourth of July festivities. The Coastal Villages Region Fund wanted to meet in Anchorage on July
19, 2011. Representative Peggy Wilson would be in Seward on September 7, 2011 with 15 members
of the State Transportation Committee.
NEW BUSINESS
City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 622
Resolution 2011 -056, Accepting A Grant From The Alaska SeaLife Center In The Amount Of ,,,,
$4,500 For The Purpose Of Installing A Downtown Seward Humpback Whale Mural, And
Appropriating Funds.
Motion (Keil /Shafer) Approve the laydown version of Resolution
2011 -056, which changed "Alaska SeaLife
Center" to "Seward Association for the
Advancement of Marine Science."
Oates read the background information and justification on this resolution. The total budget
was $5000 -- $500 for parts, $4,500 for labor. Seward Association for the Advancement of Marine
Science (SAAMS) was willing to give in grant monies for the labor cost, and the City of Seward
Community Development Department was willing to add $500 for the materials. Oates
recommended approval.
Casagranda was concerned with the location bringing attention to a building needing
improvement. Community Development Director Michelle Weston said this didn't meet the
Seward Mural Society's requirements because it was placed on a building that could be covered up
in the future, but they supported the project regardless. Casagranda said it just showed the building
was not finished.
Keil thought it was a great idea. Weston noted there would be a mural on the SeaLife Center esti
wall, for "dueling" murals. They were also in discussions with the center for temporary grassing of
the empty lot by the center for beautification — not a park but for temporary improvements.
Smith wanted to be sure to keep the mural society involved with these projects, Oates agreed
it was important.
Motion Passed Unanimous
Resolution 2011 -057, Appropriating $750,000 To Providence Seward Medical And Care
Center For The Purpose Of Covering Costs Associated With Implementation Of An Electronic
Health Records Program And Disputed Reductions In Medicaid Cost Reimbursements.
Motion (Bardarson /Smith) Approve Resolution 2011 -057
Keil declared she had two children that worked for Providence. Keil noted their
employment was declared on her annual financial disclosure statement. The mayor ruled no
conflict existed and the consensus of the council agreed.
Oates gave a lengthy background explanation of the intent of this resolution. Oates clarified
that the losses of $750,000 may be entirely reimbursable if Providence Seward was deemed to have vai
met "meaningful use" requirements for its new electronic health records implementation under a
reimbursable grant program; and if they succeeded in challenging the state's arbitrary reductions in
City of Seward, Alaska City Council Minutes
July l 1, 2011 Volume 38, Page 623
cost -based reimbursement and received the cost reimbursements that Seward had anticipated under
the previous reimbursement methodology. Oates recommended approval.
Keil asked by leaving the designated $500,000 in the fund balance, were they anticipating
further losses? Oates did not think so, and Keil questioned why the additional amount at this point
then. Shafer wanted to know if Providence Health System was the only entity going through this
appeal process with the state — Oates guessed that most health care providers were probably facing
this issue, all Providence branches certainly were. She wanted Oates to find out, because there was
strength in numbers if that was the case.
Valdatta wanted to know about the 1 percent sales tax, Oates said that was going to pay off
the hospital bonds. Smith thought the staffing seemed heavy.
Keil said the $300,000 was reimbursed, would that come back to the city? Oates said it
would. Keil asked what was being done to address the immediate concerns through the recent
inspection and Oates said the city had to have a plan accepted at the state and federal level. Oates
clarified Medicaid was paying 100% of the cost of a long term care facility patient unless the patient
was paying themselves.
Keil thought this should be on a legislative priority list in the near future. Shafer thought it
was important to get Seward's legislators on this issue. There were so many with Long Term Care
Facilities in their districts, it would be beneficial to utilize them and pass along our information to
them.
Dunham wanted to know of the consolidation of services due to the collocation. Was this
figured into the cost? Valdatta wanted to see if there were some federal dollars that could help the
city pay these hospital bonds off — Oates said it was worth trying for.
Motion Passed Unanimous
By unanimous consent, council suspended the rules to allow Providence Seward Administrator
Chris Bolton to speak. Bolton said the immediate jeopardies were abated very quickly and the
other citations were addressed within the next thirty days.
OTHER NEW BUSINESS
Water Tower Site Update. Public Works Director W.C. Casey gave an update on the current
status of the water storage tank as well as a brief background history of the project. There was a
preferred site, in the Northeast corner of the Gateway Subdivision. Staff planned to come to council
in September or October for approval after more research/work was developed on this process.
Council recessed at 9:10 p.m.
Council resumed at 9:15 p.m.
rr
Discussion the June 27, 2011 request to purchase the Jesse Lee Home by the Friends of the
Jesse Lee Home. Brooking stated the city had the ability to transfer lands under the fair market
City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 624
value as long as it was in the public interest. So the city could legally sell the Jesse Lee Home for a
dollar, and also with conditions as laid out in the transfer agreement. Oates said they needed to be
concerned with if the effort was not successful, the building would need to be demolished and that
cost would be substantial to the city. He was in support of granting this proposal, but needed
direction from the council.
Keil said they tried to give property away on Washington Street and that ended in legal
battles. She was concerned with trying to do this in this case. She was surprised the borough had not
been contacted regarding this project. Keil thought it should go at the fair market value, Shafer
agreed. Smith agreed, he thought this was not a normal non profit and was in fact a money maker.
He didn't like the idea of selling it for a dollar.
Casagranda said it didn't make sense to give it away for a dollar.
Oates stated his opinion was if the council didn't accept this proposal, it would stop the
project and the city would keep control of the building, would have to demolish the building, and the
project would be killed. He hoped council would recognize this decision. Bardarson said it was
worth it to tell the Friends of the Jesse Lee Home to go out and find the funds for the project. Keil
stated the appraisal noted the best use of this land was multi residential.
Dunham said this project had grown some legs and that was surprising. He was not enthused
to simply hand the property over but in that light, he thought in the process they could make an
agreement about a payment schedule or some kind of value back to the city.
Direction was given to draft a letter noting council would like to sell the property and
not give it away.
Discussion on the Door to Door Solicitation clause in the City Code.
Shafer asked if she should recuse herself because she has paper kids go door to door selling.
Council ruled no conflict existed.
Brooking noted the city was contacted to conduct door to door sales by a company, and had
pointed out the clause in the code that banned door to door solicitation without invitation was not
valid and unconstitutional under federal law. It was questionable under state law because Alaska had
a stronger right to privacy, but she did not recommend Seward be the test case here. Brooking noted
the rights of the resident of rights to rescind sales and they can put up no trespassing or soliciting
signs. This was a constitutional free commercial speech issue —the city had the authority to impose
reasonable restrictions on door to door solicitation to control certain concerns. Brooking noted the
company that contacted the city did not have a good rating with the BBB, and while she was not here
to address this particular business, it did raise possible concerns that door to door sales raised
concerns in communities for theft and it could be abused. It was Brooking's opinion the ordinance
as it stood went beyond the authority of the council. She gave possible suggestions to either revoke
the ordinance altogether, or set restrictions on the act of door to door solicitation such as setting the
time, place, manner, etc. They could also set exceptions for political activities and limit to just
commercial, make an exception for activities like kids fundraising.
City of Seward, Alaska City Council Minutes
July 11, 2011 Volume 38, Page 625
Brooking's recommendation was to stop enforcement of this code provision effective
immediately and revoke it altogether. Council directed staff and the attorney to work with
bringing forward ideas to council.
INFORMATIONAL ITEMS AND REPORTS (No action required)
April and May Providence Financial Reports.
COUNCILS' COMMENTS
Shafer asked that on the next agenda a discussion on hiring a Project Manager for the Coastal
Villages project. She felt with a new city manager coming on board soon, this would be difficult to
pick up. She thanked everyone that cleaned up after the Fourth of July. The extra garbage cans
really helped and the cleanup was well appreciated.
Bardarson sent her condolences to Deputy City Clerk Brenda Ballou and her family. She
gave congratulations to Cindy Clock and thanked all who helped with the Fourth of July.
Smith also thanked to everyone for the Fourth of July efforts.
Valdatta said maybe the council should look at one of our previous city managers.
Dunham said the Planning and Zoning Commission were two people short and encouraged
community to volunteer. He complimented the Planning and Zoning Commission and thanked those
who helped with the Fourth of July. Dunham also sent condolences to Ballou's family. He thanked
Kari Anderson for her work as the Harbormaster and wished her the best. Dunham had the
opportunity to help send two Seward students to participate in a basketball clinic - Jalen Terry and
Jeff Buchanan. He gave congratulations to the students.
Oates noted he donated city funds towards this effort and the mayor donated personal funds
to the two athletes.
CITIZENS' COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 9:43 p.m. `1
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