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HomeMy WebLinkAbout01082007 City Council Minutes City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 302 "" CALL TO ORDER -- The January 8, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY Lt. Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard Dunham presiding and Linda Amberg Steve Schafer Robert Thomas Bob Valdatta Jean Bardarson comprising a quorum of the Council; and Marvin Yoder, Interim City Manager Johanna Dollerhide, Acting City Clerk Cheryl Brooking, City Attorney ..... Absent - Mayor Vanta Shafer CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Kathy Lentz, a driver for Frontier Taxi, asked the city for help with raising cab charges. The taxi companies needed leaders to help set fees for cab fares. Three out of the four companies already had meters installed in their cabs, but they would need help with the cost of installation and collection of fees. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Bard arson) Approval of Agenda and Consent Agenda Motion (Thomas/Bardarson) Amend the agenda by adding item 9B5, Resolution 2007-005, to the consent agenda Motion to Amend Passed Unanimous Consent Motion Passed Unanimous ~ .... The clerk read the following approved consent agenda items: City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 303 The December 11,2006 regular city council meeting minutes were approved. .,. - Resolution 2007-001. accepting grant funds in the amount of $3000 from the State of Alaska, authorizing purchase of public access computers for the library and appropriating funds. Resolution 2007-002. authorizing the city manager to amend the contract with Dryden and Larue, Inc., for the purpose of relocating electrical facilities in conjunction with the Mile 0-8 Seward Highway Project, including subcontracting a portion of the services, to be reimbursed by the State of Alaska Department of Transportation. Resolution 2007-005. authorizing the city manager to enter into a contract with Shoreside Petroleum to deliver heating and diesel engine fuel, gasoline, lubricants, cleaning solvents and antifreeze to the City of Seward during 2007 per the attached "exhibit A: Bid form" filled out by Shoreside Petroleum. Due to the complexities of bulk fuel and lubricants pricing the bid was based on the best margin and lowest unit price respectively. Resolution 2007-006. accepting a pass-through grant in the amount of $150,000 in support of the Alutiiq Pride Shellfish Hatchery, and appropriating funds. Resolution 2007-007. accepting two designated legislative grants for the State of Alaska for the harbor T -dock and bulkhead project, and appropriating funds totaling $2.2 million. SPECIAL ORDERS, PRESENTATIONS AND REPORTS 4 ~ '$ ..JJ Proclamations and Awards A presentation was given by Jason Wettstein announcing the upcoming Polar Bear Plunge. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met on January 2, 2007 and introduced an ordinance to increase the size of the flood service area board from 7 to 9 members, which would be heard on February 6,2007. The Assembly confirmed the appointment of Tom Smith to the Planning Commission and Ron Wille to the Road Service Area Board. The effective date for implementing the per-person, per-day recreational sales ordinance was postponed to April 1, 2007. It had been asked for reconsideration, but six assembly members would have to bring the ordinance back to the table, though. The Assembly accepted and appropriated a $100,000 grant from the Department of Commerce, Community and Economic Development with a $133,000 match from Bear Creek Fire Service Area, which would bring them to a bid ready document for proposed construction of a new fire hall/trooper station/community hall. Long responded to questions by the council. City Manager's Report. Interim City Manager Marvin Yoder stated Seward rescue personnel helped with a rescue in Whittier on January 1, 2007. The Manager's report consisted of: i .t ... City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 304 .... Japanese Creek - The issue of the Creek in the flood plain was a complicated issue. The upper creek was privately owned, while the lower was state owned and there were questions of navigability. The service district, city, borough, state, and FEMA all had an interest in this issue. There were bed loading issues that needed to be dealt with. The levee needed to be repaired, and the city was in the process of finalizing the bond package. Yoder had responded to Christy Miller, the State Flood Plain Manager. Dock Fundinl! - To date, the State had not released the funds to begin engineering for commission funding to build a dock, which would serve to the new research vessel as well as a ferry. Yoder had been in contact with Seward's lobbyists to resolve this issue, and the state had not released this funding yet. Yoder suggested the city send the University of Alaska a letter assuring them Seward was moving forward with the intent to complete the engineering of the dock, as the University was facing some serious time lines for their part ofthe project. Exxon Valdez Oil Spill Funds - ADEC announced more funding was available from EVOS. One ofthe designated uses was for municipal storm water-marine pollution reduction. There was about $6 million in projects that Seward would be turning in to EVOS for potential funding. Marv Lowell Center - Yoder attended two MLC meetings so far, reviewing plans and recent actions by the Seward Planning and Zoning Commission and the Borough Planning Commission. The next thing to be looked at was the final replat by the Park Service, who were looking at a fairly large turning radius from Washington Street to Railway Avenue. .... Taxicabs - A request had been made that the city begins regulating taxis by making all cabs metered with rates set. Yoder requested direction from the council on this matter. Alaska Railroad - The AKRR was proposing to expand their existing freight dock. If city wanted to respond to the Corps of Engineers permit application, comments should be submitted to Yoder soon. In other areas, RFP's for the re-siding of the Senior Center and a large format copier for Engineering had gone out and would be coming to council soon. FEMA would be in Seward January 10, 2007 to conduct project formulations ofthe flood damage. In Parks and Recreation, the recent basketball tournament was a success. Planning and Zoning would host a community values meeting at Seward Middle School on February 7 and 8, 2007. A resolution for payment of emergency repairs #5 and #6 water wells would be coming soon from Public Works. The street crews were appreciative for the citizens keeping vehicles out of the right of way during snow fall. The harbor restroom bids would be opened this week and the department had been busy with snow removal as well. The Electric Department welcomed new lineman Scott Johnson and the department had been busy with several outages caused due to heavy snow. Norcon was stopping work on the rebuild of the transmission line until spring due to the harsh weather conditions. Council directed Yoder to send a letter to the University. Yoder responded to questions of ..... the council. City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 305 City Attorney Report. City Attorney Cheryl Brooking stated the attorney's worked onf contracts, leases, resolutions, ordinance amendments, administrative matters, employment issues, ... land use matters, harbor construction, communication with corps of engineers, and other matters. The attorney's worked on several litigation matters that may be mentioned at the executive session later this evening. Brooking shared some legal opinions from the state noting elected officials could change his/her vote based on a campaign contribution. Based on this opinion, it was not considered a bribe ifthe contribution was made to a campaign and not an individual. This had created much discussion and Brooking stated this was on many legislators' agendas to change this law once the state legislation came in session. Other Reports, Announcements and Presentations PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS Ordinance 2007-001. amending Title 11, Vehicles and Traffic, to change speed limit designations and authority to change speed limits. ..J Seward Police Lieutenant Butch Tiner said there were some concerns with the speed limits in the downtown area. This ordinance would make a change to the code so the police department could make changes in the future. Tiner stated the Police Chief wanted to change the speed limit to 15 miles per hour from Jefferson to Adams on 4th Avenue, and this was a basic clarification to do so. The ordinance also allowed the Police Department to change the speed limit to 20 miles per hour in some areas, if they so wished. Motion (Thomas/Bardarson) Introduce Ordinance 2007-001 In response to Schafer, Tiner stated the speed limit from Adams to Railway on 4th Avenue was actually 15 miles per hour, but it was not posted or regulated. Motion Passed Unanimous Resolutions Resolution 2007-003. accepting 2006 assistance to Firefighters Grant in the amount of $71,250 with a 5% match in the amount of $3,750 for the purpose of modifying the Seward Fire Station with a vehicle exhaust capture and removal system and appropriating funds. In response to Amberg, Fire Chief Dave Squires said items like travel, training, and other things were removed for a reduced total of$71,250. J City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 306 Motion (Thomas/Amberg) Approve Resolution 2007-003 ..... Motion Passed Unanimous Resolution 2007-004. authorizing the city manager to enter into an agreement with Wesco Distribution at a cost of $202,590.55 + 10% contingency; to purchase 64 transformers. Motion (Thomas/Bardarson) Approve Resolution 2007-004 Valdatta wanted to know if they were guaranteed brand new equipment or if it would be refurbished equipment. Electric Utility Manager Tim Barnum responded it was guaranteed the transformers would all be brand new. Staff decided not to go refurbished; because the reliability was not as good. Amberg wanted to know why there was a 10% contingency fee. Barnum said it was added due to the timeframe in-between getting quotes and approval, the quotes may not be valid anymore, it was just in case they had raised their quote. They didn't have the time to delay this with the long estimated delivery times. The quotes were a little over 30 days old. Amberg wished it had gone to bid, rather than the quote process. .... Dunham didn't understand why this didn't go out to bid, either. Especially since this was such a large purchase. Barnum said it was not a standard practice in the transformer industry to bid on transformers, but rather to give quotes. Motion Passed Unanimous OTHER NEW BUSINESS Discussion on whether to give explanation on the decision to decline the land exchange proposal by Paul Snowden. Motion (SchaferNaldatta) Give explanation on the decision to decline the land exchange proposal by Paul Snowden. Motion Passed Unanimous Discussion on Ketchikan Tidal Energy Conference January 23 and 24, 2007. Valdatta wanted to send one member from the Port and Commerce Advisory Board and invite a student from the high school to this conference, as many students were learning about alternative energy. .... Dunham added he had spoken with the principal at the high school and she thought it was a wonderful idea. City of Seward, Alaska January 8, 2007 City Council Minutes Volume 37, Page 307 ! ,l Bardarson thought it would be beneficial to have the participants come back and give a ...J presentation at a future council meeting on what they learned. Motion (SchaferNaldatta) Send one Port and Commerce Advisory Board member and one high school student to the Ketchikan Tidal Energy Conference on January 23 and 24, 2007. The rules were suspended to allow Theresa Butts to speak to the costs of the conference. Port and Commerce Advisory Board Member Theresa Butts gave a cost estimate of the trip and said she would be willing to chaperone. Motion Passed Yes: Dunham, Bardarson, Valdatta, Schafer No: Thomas, Amberg INFORMATIONAL ITEMS AND REPORTS (No action required) Flood related emergency purchase list. 1 ,'~ ...." The November 2006 financials for Seward Providence Medical Center. COUNCIL COMMENTS Amberg wished everyone a Happy New Year. Bardarson thanked the street department for their hard work removing the snow. Thomas also thanked Public Works for the fantastic job they were doing with the snow removal. Valdatta complimented the Stallings family for their generous donation to the library and thanked them. Dunham mentioned the EDD vacancy on the board. He congratulated Usibelli for taking over the coal terminal, which started today. Dunham hoped the city would send a letter to Suneel, Alaska thanking them for their time spent in Seward. He wanted to see if Seward could participate in the Military Injured Program, which would entail a short Seward vacation for injured Iraqi veterans around Armed Forces day in May. CITIZENS' COMMENTS , ~ .... Kathy Lentz, noted the city code stated the city could appoint a citizen's board; and hoped council would consider a taxi citizen's board and consider some of the taxicab owners for the board. City of Seward, Alaska January 8,2007 City Council Minutes Volume 37, Page 308 .... Maybe the taxicab issue could be helped if the city would set a rate for cab rides. It would be pointless to set meters in one company; it would have to be upheld for all companies. Charles Reynolds, said night time cab drivers average under $4 per hour. He didn't know what kind of affect it would have on the city, but he wanted meters in the cabs. Reynolds would be available for any discussion or help. William Abbott, said a cab meter was about $249, with presets programmed. It would average rides for all companies. Establishing meter rates would increase sales tax collections. Several garages in town could install meters ifthe city could monitor, maintain and collect on them. If the meters were broken, the city could take away the cab driver's chauffeurs' license with a possible fine. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Thomas, questioned the raise request by the taxi operators. He was confused about the installation and maintenance rates. He asked for as much detail as possible in the formal request. Dunham, wanted to get a request in writing to staff on the cab meter proposal. He also announced a Kenai Peninsula Borough meeting on school funding on January 23,2007 at 7:00 p.m. EXECUTIVE SESSION .... Motion (Schafer/Bardarson) Go into executive session to discuss matters pertaining to pending litigation. 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