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HomeMy WebLinkAbout06082009 City Council MinutesCiry of Sewm•d, Alaska Ciry Council Minutes June 08, 2009 Volume 38 Pa e 94 CALL TO ORDER The June 08, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Senior Council Member Bob Valdatta. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Valdatta presiding and Jean Bardarson Betsy Kellar Marianna Keil Tom Smith comprising a quorum of the Council; and Kirsten Vesel, Assistant City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -Clark Corbridge, Willard Dunham ~.... CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING -None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Kellar) Approval of Agenda and Consent Agenda Resolution 2009-045, 047 and 048 were added to the consent agenda by unanimous consent. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2009-045, Authorizing The City Manager To Enter Into A Contract For The Reading Of Electrical Meters Within The Seward Electrical Service Area With Richard & Melody Jordan. Resolution 2009-047, Stating An Intent To Fund $278,000 For The #3 Lift Station Electrical Upgrade Project Subject To Receiving A Loan In That Amount, Authorizing A Loan .,_, Application With The Alaska Clean Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Clean Water Fund With Payments Subject To Annual Appropriation. Ciry of Seward, Alaska Ciry Council Minutes June 08, 2009 Volurne 38, Page 95 Resolution 2009-048, Authorizing The City Manager To Enter Into A Contract With --- Peninsula Construction, Inc. For An Amount Not To Exceed $281,500 To Complete The Lift Station #3 Building Electrical Upgrade Project, And Appropriating Funds. The May 26, 2009 Regular City Council Meeting Minutes And The June 1, 2009 City Council Special Meeting Minutes Were Approved. Linda Lasota Was Re-Appointed To The Historic Preservation Commission With A Term To Expire May 2012. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read for the American Legion Riders. Borough Assembly Report. Borough Assembly Representative Ron Long recapped the budget meeting held on June 2, 2009, which had a 3% overall increase. Sales tax revenue was down $1.7 million so far, there was a $660,000 increase in salaries, and no corresponding cuts and services for the loss of sales tax revenue. Long stated the mill rate of 4.5% stayed the same. He noted being $3 million dollars down was not sustainable and would be challenging for next year. Long mentioned at this rate the fund balance would be depleted in four years. He also stated a petition had -- been filed establishing a tax cap maximum that could go to voters. If the petition was successful and endorsed by the voters, the maximum tax collected could be tied into Anchorage CPI over a previous year's collection and no more. If this were to happen in a down year, a negative CPI would mean a lesser amount of taxes could be collected which would mandate a drastic reduction in services or a depletion of fund balance, making this very challenging for the borough and the public. City Manager's Report. Assistant City Manager Kirsten Vesel stated there were no city expenditures between $10,000 to $50,000 during the past two weeks. The Alaska Department of Health and Social Services virology laboratory in Fairbanks reported its first positive test for the H 1 N 1 (swine) flu in Alaska on Wednesday, May 27, 2009. This was the first confirmed case of the new flu strain in Alaska. Since then, two new positive test results had been reported. Vesel reported on May 24, 2009, the City Clerk's Office received a letter from the Mayor of Obihiro, stating they would be cancelling the student exchange program this year due to the global outbreak of the H 1 N1 Influenza. It was unfortunate the exchange would not be happening this year, but the City of Seward felt it needed to respect this decision made by Obihiro, and would pick the program up again in 2010. The three students chosen to travel this year, Maggie Herbert, Jed Wilde, and Hannah Beutler, would become next year's exchange students and would now have an entire year to fundraise for this event. Vesel mentioned the City of Seward had been approved to receive the 2008 Homeland Security Grant Program (HSGP) reallocated funds in the amount of $350,000.00. Unfortunately, schools were not included in the Security Vulnerability Assessment and that portion ~"" of the program could not be funded using those grant funds. A city council resolution supporting graduation day scholarships had been postponed until arrival of the new High School Principal. City of Seward, Alaska Ciry Council Minutes June O8, 2009 volume 38, Page 96 ^ Electric Department. Dustin Dressler had been hired as the new Field Engineer. He recently ,.,.. graduated college with a degree in Electrical Engineering. He would be traveling from California with an anticipated start date of June 15, 2009. The line crew and operators changed a pole in the alley behind the Alaska Shop which was leaning and in danger of falling. After a I2 hour outage, the project was completed. ^ Harbor/SMIC. The harbor was trying something new by providing staff coverage in the evenings this summer. Summer staff would carry radios and log the floats from 6-10 pm to be available and respond to emergencies. The Seward Harbor had begun working with the Army Corps of Engineers on two projects that received $5.4 million in funding from the American Recovery and Reinvestment Act. The survey work for the dredging project had been completed, and a member of the Chief Council for the Corps of Engineers (Mr. Earl Stockdale) visited last week. The City had begun advertising for an invitation to bid to purchase the 870 foot section of floats to construct Z-float. Bids from qualified float manufacturers would include the furnishing of all materials, labor and equipment necessary to fabricate, deliver and properly store new, high quality, heavy-duty timber mooring floats. These approximately 12,240 sq ft of new floats would be installed at the northeast area of the Seward Small Boat Harbor under a separate contract at a later date. The floats would be paid for by a Denali Commission grant. The City Manager was negotiating with Seward Ship's Drydock to meet the requirements outlined in the Maintenance & Operating Agreement. ^ Public Works. Downtown trash receptacles were replaced, new loaders had arrived, all deficiencies identified during the voluntary OSHA inspection had been corrected and the #3 Lift Station project was ready for council approval. Both the fish ditch mitigation project and the Ft. Raymond generator plant soil remediation project were currently underway. ^ Community Development. The City had submitted an application for a Homeland Security Grant in the amount of $275,000 for Dairy Hill Drainage Improvements which would upgrade culverts and repair the haphazard drainage for the Mill Street/Vista Avenue Area. The City successfully completed the first step in the process and was approved to move forward with this final grant application. Grant funds obtained from the Flood Board through the Borough provided the initial engineering necessary to apply for the grant. The department had begun conducting a citywide zoning code compliance review and would be utilizing new software to track violations. Final pavilion materials had arrived with two more scheduled days of volunteer painting to occur. Vesel announced Karl Schaefermeyer graduated from the Public Safety Academy on June 4, 2009 as Valedictorian of his class. He had attended the academy in Sitka and would be returning to Seward. Vesel also reported the City of Seward would be receiving revenue sharing from the State for: skate park upgrades, records management software, carpet repairs in city hall, an electronic timesheet and requisitioning program, Library/Museum startup and recording and sound system upgrades in the council. In response to questions, Electric Utility Manager John Foutz stated a piece of equipment was found to be burnt, so Channel 3 would be down until it could be replaced. City of Seward, Alaska Ciry Council Minutes June 08, 2009 volume 38, Page 97 City Attorney's Report. City Attorney Cheryl Brooking reported from March 20 through -•• May 20, 2009. The firm had provided advice, answered contract questions, assisted with resolutions, and provided legal opinions for bank qualified financing. She explained that by using bank qualified financing for purchasing large capital equipment such as the fire equipment and loaders was a good deal for the city. Once approved by council, the city obtained tax exempt financing. Brooking assisted on other issues such as land acquisitions, harbor, levee, SMIC, impoundment, leases and with electric and public works contracts and agreements. She mentioned a U.S. Supreme Court case where a small mine sued the large mine for putting them out of business. The small mine won, the case was appealed. On appeal a justice involved with the big mine did not recuse himself and ruled the large mine prevailed. This was ultimately overturned by the Supreme Court for the judge not recusing himself. Councilmember Keil had printed the Municipality of Anchorage drug testing policy, and wondered if that was challenged and upheld. Brooking knew the Municipality of Anchorage was sued and lost for conducting random drug testing of police officers. She noted testing affected constitutional and privacy rights. She again stated random drug testing was prohibited and the Alaska Supreme Court had said so. Brooking answered that installing cameras was permissible because of the balance test between public safety and the privacy right of an individual. Police Chief Tom Clemons stated a police officer standing on the corner did the same thing as a surveillance camera. With a camera the officer was released to do other duties. This camera surveillance was allowed in the U.S. if it was used as evidence for prevention of crimes. He acknowledged this issue had created dissention in Dillingham when it was first instituted, but the community now loved them because of their success in stopping crime. Councilmember Valdatta wanted to use the cruise ship head tax money for erosion control. He wanted a clause put in for communities that could use the money for that purpose. Brooking stated it could be used broadly, and the city would have to show the link of erosion control to the cruise ships. NEW BUSINESS Resolution 2009-046, Authorizing The City Manager To Sign The Project Cooperation Agreement (PCA) With The Department Of The Army For The Construction Of The East Breakwater Extension And Appropriate $274,000 To The Department Of The Army For The Project. Motion (Kellar/Bardarson) Approve Resolution 2009-046 Vesel stated the feasibility study was approved in 1989 with design and construction approved in 2002. The City of Seward had received grants and a PCA was signed. The breakwater Ciry of Sewa~~d, Alaska Ciry Council Minutes June 08, 2009 Volume 38, Pa e 98 project was completed in 2005 but significant wave action during south winds in the harbor caused ._. havoc because of design flaws. Events were documented and a further extension of the breakwater was needed. In 2009, this Army Corps of Engineer project was funded through the American Recovery & Reinvestment Act (ARRA) but a 20% match was required before the project could be awarded. Vesel noted this was a deal breaker if not approved and strongly recommended approval. Harbormaster Kari Anderson emphasized that if this breakwater project did not go forward now, this would stall all future development for future floats, uplands and Z float, making that whole section essentially unusable. Estimated completion was September 2010. In response to questions and some council heartburn over paying a 20% match, Brooking stated big waves were making an impact on the docks and acknowledged that the Corps of Engineers had admitted to a design deficiency. She emphasized a lot of work had been accomplished to come up with this federal funding and agreement, and noted this was the best opportunity the city was probably going to receive. Motion Passed Unanimous COUNCIL COMMENTS Kellar welcomed all the visitors and thanked the businesses who had been bringing them here. She congratulated Karl Schaefenneyer on being valedictorian of the Public Safety Academy. Bardarson thanked the American Legion for all their donations and assistance they offered to the community on various events. She noted volunteers were still needed for the pavilion and thanked the administration and city attorney for the addition of the attorney review section on all agenda statements. Smith missed the flower baskets this year and hoped the city could put them back up. Keil visited the new coffee shop Alaska Nellie's, and thanked the new owners for their purchase and for investing in their community. She also congratulated Karl Schaefermeyer on his achievement. Valdatta thanked AVTEC for painting their building and advised the public to watch out for people walking along Soh Avenue. He also thanked the motorcycle club for coming to Seward. Vesel encouraged the public to volunteer to paint the pavilion. CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned at 7:56 p.m. Ciry of Seward, Alaska Ciry Council Minutes June 08 2009 Volume 38, Page 99 ,, ~_ __t ~~;~ f y ~ ~ ~ ~ '; Jean'Lewis ` Clt}~ Clerk (City Seal) ~•Ga.,.~~~r~~~a Kt•~!~ •. ~._ ~~• v ~ ~ `~ 7 r/~~ ~ ~~, i Bob Valdatta Senior Council Member