HomeMy WebLinkAbout04132009 City Council MinutesCity of'Seward, Alaska
April i3, 2009
CALL TO ORDER
City Council Miru~tes
volume 38, Page 48
The April 13 2009 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Clark Corbridge.
OPENING CEREb1ONY
Police Chief Tom Clemons led the pledge of allegiance to the Ilag.
ROLL CALL
There were present:
Clark Corbridge presiding and
Willard Dwlhatn
Bob Valdatla
Betsy Kellar
.lean Bardarson
Marianna Keil
Tom Smith
comprising a quorum of the Council; and
Kirstin Vesel, Acting City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
ABSENT -None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Sharyl Seese, pointed out how much Metco had done for the City of Seward, with all their
volunteering and the employees that worked here. She hoped the city would find a way to work
around the bid process so Metco could get the contract.
Matt Gray, represented Resurrection Bay Conservation Alliance and did not wish to speak to
the firearms issue, but reminded people about the wildlife conservation community program which
supported bear resistant garbage cans. He stated they had sold over 400 in the first year. Their goal
was to stop providing food and reward to the bears in the community. Gray also reported ways to
keep trash and dog food tinder control and managed.
David Dieckgraeff, thanked the people within the community who supported Metco. He
was notpleased with the bid scoring process and thought the city saved $I ,600 to take $300,000 out
of the community because of lowest bids. He spoke of the point system. Dieckgraeff stated this job
was not a very technical one, but had been docked points because Metco had never done streambed
work with any of these agencies. He pointed out Metco had all the equipment here in town and
thought the city should keep the money local.
City of'Seward, Alnskn City Council Minutes
April 13, 2009 Volu,ne 3$ Page 49
Steve Lemme, knew all the people on the council and observed what a rough, thankessjob
[hey had. He did not wish to kick anyone around, but hoped there was a different way to look at the
bidding process. He noted how hard it was to make a living in this town. He hoped the council
would work to keep this community a viable community and keep the money and people in town.
Lenmie supported Metco and all the outstanding people and contractors in town. He knew
administration followed guidelines, but hoped the city could work together to find a better way to
keep the people and dollars in Seward.
Steve Leirer, understood the points to measure intangibles in the bidding process and
understood about the lowest bidder. He wanted the council to take into consideration local hire
which put money back into the conununity. Leirer had done business with Metco and expressed he
had a lot of trust working with them and spoke of the skill within the crew.
Tim McDonald, noted private enterprise in this town was almost extinct and thought points
should be awarded for that. He spoke generally on environmental issues within Resurrection Bay.
McDonald noted this area was a world class Iish and game harbor, had returning tnmipeter swans,
spoke that the moose harvest was down 80`%, and also spoke on the management of red salmon for
maximum yield by the Cook Inlet Aquaculture Association.
Jerry Fogg, stated children were the most important component of any community, and
pointed out the scholarships handed out by Metco over the years.
Christina Stanffer, wished to add comments on the decision to not give this phase Ilevee
contract to Metco. She was glad Dieckgraeff s did not aced a degree while they were assisting
people during the floods! She offered the help of the hydrologist to assist Metco in the streams if
they needed it. Stauffer stated Seward was not capable of taking care of its own, and should work on
keeping the expertise within the community.
Ken Carr, stated when he moved here from Fairbanks years ago, he was told by locals to go
to Metco if you wanted the job done right. He later had the opportunity and pleasure to work with
this crew for years. He did not understand the point system. Carr said this crew was extremely
experienced and knew their equipment. He wanted this bid reconsidered.
Randy Stauffer, echoed the comments made about the integrity of the Metco crew and also
wished Seward could keep the money within the community. He had worked as aproject engineer at
the Alaska Sealife Center, and thought nobody could do a better job or as competitively priced as
Metco. He reminded council of the poorjob a ]ow-bid outside contractor did on the building of the
Alaska Scalifc Center. Stauffer reiterated what great concrete work Metco did.
Ron bong, found Metco to be tough as a competitor. He thought changes in the code had
made it more subjective, which opened up this field to favor better writers than better doers, and did
not necessarily indicate the quality of a contractor's work. Long thought the city needed to find a
way to add its own experience and knowledge about local companies into the procurement section of
the code. ~"'
Cit)~ nfSewarrl, Alusktt City Council Minutes
April 13, 2009 Volume 38 Pale 50
Larry Harmon, acknowledged that everyone in town knew Metco and their great reputation,
but he thought the bid process needed some work. Ile knew first hand of Metco's expertise and
spoke about a recent bid that was lost because of not putting the time needed into the paperwork.
Darryl Schaefermeycr, had experience, history and background, but pointed out this
cormnmuty was isolated and noted the town would be in a hard place if it did not comet on total
expertise. He stated Seward would be a different place today if not for local contractors like Metco,
and thought the city should find a way to factor that into the bid process. Schaefermeycr wanted to
cultivate and maintain the capabi lity here in Seward that had the resources available. He cautioned
the council to support the Local infrastructure and capability because the city would need assistance
from them again.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Keel) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The following was added to the agenda:
Two reports by Vice-Mayor Dunham on Railbelt Utilities and the Capital Budget.
„~ The clerk read the following approved consent agenda items:
The March 23, 2009 Regular City Council IVlecting Minutes And The March 27, 2009 City
Council Special Meeting Minutes Were Approved.
Resolution 2009-025, Accepting A Grant In The Amount Of $1,787.40 From The Alaska
Highway Safety Office For 2009 Third Quarter ASTEP Driving Under The Influence Of (DUI)
Enforcement Campaign And Appropriating Funds.
SPECIAL ORDERS, PRESN:NTATIONS AND REPORTS
Proclamations and Awards
Citizen Police Academy Participants; Carol Griswold, Jerry Fogg, Kiia Hubbard,
Lawrence Perri, Kristopher Peck, and Hilda Lespron were recognized by Police Chief
Tom Clemons.
A Proclamation Was Read For Sexual Assault Awareness Month.
Dorothy Locke Was Recognized As The Spring Creek Correctional Center Employee
Of The Year.
Borough Assembly Report. Borough Assembly Representative Ron Long stated finally
after nine public hearings, the borough adopted a flood hazard district plan for areas of known
City of Seward, Alaska City Council Minutes
April l3, 2009 Volume 38. Page 51
historical flooding outside the currently mapped National Flood Insurance program areas outside the
city Linuts that required a development permit for either constructing a primary structure that ..-
required aseptic system, fuel oil tank or active in-stream work. There was a lot of public input that
resulted in the final outcome of the plan. Long stated the Assembly also adopted the STIP plan
projects. Milepost 18-25 was the first on that list, along with the Ptanuigan, Falls and Trail River
bridges. He staled the budget was due to be introduced in Seward at the May 5, 2009 Borough
Assembly meeting and hoped the public would be involved in the formal aspect of that process. He
stated the Flood Service Task Force would be looking at flood control regulations, and would meet
in Cooper Landing next week.
In response to questions by Valdatta, Long stated company employees laid off from the ash
were being compensated.
City Manager's Report. Acting City Manager Kirsten Vesel stated there were no recent
city expenditures greater than S10,000 to report. Discussion on the wellness-for-all group was
postponed until the April 27, 2009 meeting.
Road Closure Update. The city was informed the Seward Highway would be closed on April
24-27, 2009 for the installation of the temporary bridges. Based on recommendations from
businesses and other community members, the installation dates would not change. In the process of
commenting on this weekend closure, the city discovered iuspection dates restricting commercial
vehicles over 30,000 lbs through Milepost 22-25. The city and the Chamber of Commerce were
aggressively working with DOT to propose an alternate schedule for the commercial vehicle
restrictions during the inspection dates.
Harbor/SMIC update. Crowley Tug & Barge would be having an event in the Seward Harbor
on the afternoon of May 9, 2009 to christen two new tugs that would be home-ported elsewhere in
Alaska. Seward Harbor Opening Day Wcckcnd would occur May 15-17, 2009. Several sponsors
including the Kenai Fjords Yacht Club and Sailing Inc. were looking to sponsor a street dance on
Saturday evening with a band and beer garden to benefit the Mariner's Memorial non-profit. The 44'
vessel Silver Bullet sank in the Seward Harbor on April 8, 2009 on H float. Stormchascrs was
contracted to rc-float the vessel. No one was injured, and the cause of the sinking remains unknown
at this time.
The Electric Department had received a Thumper, which would be used to find faults in the
transmission lines safely in an accurate and quick manner. This would help the City save time and
money when searching for blackouts.
The Voice-Over-IP transition occurred on April 6, 2009 and 99%ofthe Cityphoncs were up
and running. The city was still trying to make the Internet as secure as possible and this was affecting
the City's ability to function at its normal level.
Community Development.
C'iq~ of Seward, Alusku
Anril /3. 2009
Cih~ Council Mirre~tes
Volume 3R, PaQe 52
i= A floodplain variance request was submitted to the City for construction of a hanger
at the airport. The applicant was Jooking to allow modification to our requirements
for building in a flood hazard zone.
Y A floodplain development permit was applied for the Sheffler C:reek/Dairy Hill
cuh~ert replacement and the `fish ditch' improvements. The City had been working
with the Kenai Watershed Forum on these proposed projects and a stimulus grant
application.
Y The Port and Commerce Advisory Board reviewed and postponed a resolution in
support of the Polar Consuh 4°' of July Creek Hydro project. The Board asked for
additional information from the company prior to making any recommendations.
Public Works.
On Apri19, 2009, ADEC inspected the Wastewater Treatment Facilities and the City
had received a clean bill of health (ADES now had primacy and the EPA oversight
only).
The department was preparing project documents for the Fish Ditch project and
Lowell Creek Bridge Refurbishment prof ect and was expected to go to bid in the next
few weeks.
The deparrtment was preparing to switch all of City vehicle tires from the winter to
summer tires.
,,_ City Attorney's Report Cheryl Brooking had given a fornal written report at the last
meeting, but she wanted to speak about govermuent contractual requirements. She noted there were
significant differences between private and public or government procurement. She stated the city
must use competitive processes. She stated the city had the ability to use low competitive bid with
the outcome based solely on price or it could do a request for proposal process with price and other
factors that must be complied with as set out in the proposal. Responsible proposers were evaluated
with a set up point system to treat everyone fair and equally. Brooking stressed, based on the Alaska
Constitution, the city could not discriminate or reject on residency. She reported the legislature had
tried to put in hiring preferences that were struck down as invalid by the courts as violations of
federal laws.
Keil questioned whether notificatiaz of the criteria was given as stated in the city code.
Smith cautioned that this process must be fair to everyone and noted the city must be able to
defend their actions in court.
PACAB Quarterly Report. Ron Long stated this report was for 2009 and that PACAB still
had a vacancy on the board. Some of the items addressed were: ahydro-electric project by Polar
Consult, a report on fi sh habitat by Matt Gray of the Resurrection Bay Conservation Alliance, how to
proceed with the economic forum in May, and harbor code revisions. He said they would be
discussing enterprise funds, the harbor and SM1C budgets, rc-writing and updating the management
plan this fall, and addressing city policies on leasing land vs. purchasing land. Long also stated the
city needed to step up the pace and decide the level of participation to support the research vessel
(AARV) and how to make sure it was homeported in Seward.
City of Seward, Alaska Clry Council Minutes
Apri! 13 2009 Volume 38, Page 53
Other Reports, Special Presentations
A Parking illeter Update was given by Parks and Recreation Director Karin Sturdy, to
purchase two LUKE pay stations from Digital Payment Technologies. The cost was about $24,000
to purchase them, which did not include training, installation and shipping.
A Report on the Capital Budget and the Railwa}~ Utilities was given by Vice-Mayor
Dunham.
PUBLIC HEARINGS
Ordinance 2009-003, Amending The Seward City Code To Permit The Use Of Firearms And
Bows In Designated Areas In Accordance ~~'ith State Requirements, And To Amend
Ordinances Relating To Trapping And Use Of Weapons Within The City.
Motion (Bardarson/Kellar) Enact Ordinance 2009-003
Police Chief Tom Clemons stated he had received lots of emails about this ordinance and
felt they were mostly misunderstandings. He wished to postpone this ordinance until he could hold a
couple of work sessions and possibly adjust the ordinance.
Notice of the public bearing being posted curd parhlished as required by law wus noted aiad the public .-•~
hearing n~as opened.
Christina Stauffer, was nervous about people discharging firearns within city limits and
admitted she may have misread it. She had absolute faith with police dealing with bear problems,
but no faith in the general public when dealing with firearms. She did not want hunting or trapping
permitted on Mr. Marathon. Shc was afraid hikers would be mistaken for a bear and thought
allowing that would be irresponsible.
Sharyl Seese, also did not want hunting or trapping on Mt. Marathon. She was glad the
Chief would educate everyone and have a work session on this topic. She thought anyone that
needed to hunt or trap should go out of town and not be within the city limits. She urged the public
to purchase the bear containers.
Carol Griswold, had emailed the council and loved hiking within Seward city limits. She
felt this ordinance was pushing hunting and trapping into the recreation of Seward, and she did not
want to see people get shot or dogs injured in traps. Griswold noted there was literally millions of
acres for people to hw~t and trap and did not want any of it within city limits. She wished to keep
things peaceful and safe within the community.
Tim McDonald, agreed with a subsistence lifestyle, but lived on the high tide line of the
beach and watches unsafe duck hunters. He pointed out it was legal to hunt outside the city limits -~
and was not iu support of hunting and trapping within the city limits. Many people enjoyed the
outdoors and birding. He mentioned the hunter who gut-shot the bear last year within the city limits
City of Sewra~d, Alaska City Cornrcil Minutes
.Apri113, 2009 polunre 38 Pu,~~e 54
and traumatized the neighborhood. McDonald stated some of the duck hunter's bullets rain down on
his shop.
John Freuch, echoed tightening up discharging of weapons within the city limits, but was
opposed to opening up hunting or trapping within the city limits. He had been in the crossfires of
hunters before and thought there were many legal areas to hunt, and thought tae owed it to ourselves,
children and visitors to keep pans of the city safe from hunting.
Randy Stauffer, agreed with all statements spoken tonight and had questions on the western
side of the map. He was concerned with the lack of enforcement placed in this ordinance and
mentioned high powered rifles could be used. He thought there should he no discharge ofweapons
within the city limits. Stauffer spoke of the incident last year to keep the man with the hunting bow
from shooting a bear while children were present.
Matt Gray, again mentioned the program with the Resurrection Bay Conservation Alliance
and the bear proof cans available. He noted some of the city dumpsters needed to be converted.
Larry Lewis of AF&G was contacted and he emphasized enforcement of people not taking care of
their trash. Gray stated the alleyways always had trash down them and it would make a difference if
people would purchase these cans and control their own garbage.
Sandie Roach, could see where the borough, city and school could be leaders for use of the
new dumpsters. She thanked Police Chief Torn Clemons for the work session suggestion. She said
the city comprehensive plan spoke of active recreation within the community which she did not think
meant hunting and using firearms.
Al! people wislafng to speak were heard acrd the public hearing was closed.
Keil quoted statistics on people killed by lireamis and Kellar wanted to see the permittee
qualifications dcfiucd.
Dunham was opposed to operating weapons within the city limits. He stated a person
was shot on Mt. Marathon years ago, being the reason it was closed today. He thought people
who trapped domestic animals within the city should have a permit to trap them.
Valdatta wantedjudgement used for defense of property from bears within the city limits.
Motion (Bardarson/Keil) Postpone Indefinitely
Motion Passed
NEW BUSINESS
Unanimous
,~ Resolution 2009-026, Adopting A Weapons Discharge And Trapping Area Alap, Identifying
And Designating The Portions Of The City Where Trapping, Tf~e Use Of Firearms, And
Archery Equipment Will Be Allowed By Permit.
City of Seward, Alaska
April 13. 2009
Motion (Bardarson/Dunham)
Motion (Dunham/Bardarson)
Motion Passed
City Council Minutes
Volume 38, Page SS
Approve Resolution 2009-026
Postpone Indefinitely
Unanimous
Resolution 2009-027, Authorizing The Execution Of An Equipment Lease/Purchase
Agreement By And Between The City Of Seward And Municipal Asset Management, Inc.,
Providing For Related Matters, And Appropriating Funds.
Motion (KeillBardarson) Approve Resolution 2009-027
Acting City Manager Kirsten Vesel stated council previously approved the purchase of a
triple combination pumper fire truck and a light rescue apparatus following a competitive bid
process. This resolution authorized the financing to pay for the equipment.
Motion Passed Unanimous
Resolution 2009-028, Establishing Council Guidance And Support For The City Of Sevvard's
Priorities Prepared For 2009 The American Recovery And Reinvestment Act.
Motion (Kell/Smith) Approved Resolution 2009-028
Vesel stated there were a variety ofprojects submitted forward for potential stimulus money.
This resolution showed council support as the city applied for them. Vesel informed this was a
generic list and not all projects the city would apply for.
Keil asked the city apply for money to finish a proj ect, not j ust enough to start a prof ect. She
wanted everything to come back to council.
Vesel stated some projects scratched were not shovel ready but still wanted a broad list to
apply for everything. She asked for council support of this list in concept and as a template to
encompass all projects that stimulus money could possibly be found for.
Motion Passed
Unanimous
OTHER NEW BUSINESS
Council appointed Council member Jean Bardarson to be the council liaison for the library museum
project through the end of May, at which time, Council member Tom Smith would take over as the
council liaison for this project after his vacation.
INFORMATIONAL ITEMS AND REPORTS (No action reyuit~erl)
City January 2009 Financials.
City o~~Servarrl, Alaska City Council Minutes
April 13, 2009 Volume 38 Page 56
COUNCIL COIV~IMENTS
Kellar appreciated everyone coming out and getting involved with how and where the city
should be harvesting wildlife.
Bardarson encouraged anyone to apply for seats on the various boards and commissions.
Dunham stated the postmaster made history by having an open house. He provided a
powerpoint and refreshments, spoke on the ability to make your own stamps, and how you could
contract with ebay for cheaper stamps on the web. He found out the Aquaculture Association moved
to take over the han-est of reds, and since they had never met in Seward, wanted them to be invited
to hold a meeting here in Seward. Dunham reported the sidewalks were a mess and thought the
council needed to improve them. He spoke on the sign ordinance, changing slip assignment
procedures and how the city could keep the trash off 4"' Avenue with the downtown cans. He was
not sure why Waste Management wasn't dumping them more often. He suggested the council he the
forum leaders for the economic forum in May.
Valdatta liked the dome built in Anchorage for school sports and thought Seward could use
one. He thought a new scoreboard would make a good present for it, donated by the community and
borough.
Smith wanted to be creative with the bidding procurement process to help local people.
.._
Keil would be gone in early May, and thought the work session with SMIC feasibility was
important.
CITIZENS' COMMENTS
Dieckgraeff thought the city should have the experts doing the bids. He thought professional
specialists should be brought. in instead of the two staff professionals and the engineer. He
apologized to the finance director and appreciated the work the council did.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Keil thought it a good idea to have the expert hydrologist sit on those panels. She felt Nelson
could have a bias because of the Kenai firm. She was not questioning motivation, but wanted other
experts within the commmity used. She had worked 20 years on domestic violence awareness and
noted many experts right here within this community.
Kellar wanted the children to come back to Seward to live, and wanted to support the local
businesses.
Valdatta did not think the engineer should be a voting member after designing a project.
City of Seward, Alrrskrr C(ty Council Mirrutes
Aprrl !3, 2001 Volume 38, Puge 57
ADJOURNMEN'C
The meeting was adjourned at 9:58 p.m.
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Clark Corhridge
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