HomeMy WebLinkAbout09272010 City Council Minutes City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 449
irry CALL TO ORDER
The September 27, 2010 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Lieutenant Tiner led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and Jean Bardarson
Linda Amberg Vanta Shafer
Tom Smith Marianna Keil
Bob Valdatta
comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Kinney, Acting City Clerk
ABSENT — None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Tim McDonald commented on the WECS ordinance before the council tonight and
congratulated council for moving this forward. The inertia agreement for the railbelt energy
companies worried him that they were trying to make a big mega utility for all railbelt utilities. He
wasn't sure if they should do a statewide utility. -
Daniel Oliver supported Resolution 2010 -091, which authorized the sole source for the SMC
improvements and mooring dolphins. PND had been extensively involved with Seward over the
years and he fully supported this resolution.
Devin Putney stated he was part of a small group of citizens concerned with the city camera
surveillance policy. He felt there were some things missing in the policy and it was unclear if
councils in the future could take advantage of it. It was unclear where cameras would be going. He
would like to know where the cameras would not go, possibly. It might give people peace of mind.
APPROVAL OF AGENDA AND CONSENT AGENDA
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Motion (Bardarson /Shafer) Approval of Agenda and Consent Agenda
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 450
Motion Passed Unanimous
Resolution 2010 -087 was pulled from the agenda by administration.
The attorney's report was added to the agenda under Special Orders, Presentations and Reports.
Rescheduling the September 28, 2010 Library/Museum Work Session was added to the agenda under
New Business Items.
The following items were removed from the consent agenda:
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.
Resolution 2010 -084, Authorizing The City Manager To Reassign Supervisory Duties From
The Deputy Harbormaster To The Senior Administrative Assistant Reducing The Range For
The Deputy Harbormaster To A Range 16.5 -18.5 And Increasing The Range For The Senior
Administrative Assistant To A Range 12 -14.
The clerk read the following approved consent agenda items:
The September 7, 2010 Special City Council Meeting and the September 13, 2010 Regular City
Council Meeting Minutes Were Approved.
Approved Election Board Workers; Betty Skinner, Mary Williamson, Mark Kansteiner and
Rose MacSwain.
Approved Canvass Board Workers; Lori Draper, Kim Reierson, Jackie Campbell and Marsha
Vincent.
Approved the Restaurant Eating Place Public Convenience License for Terry's Fish and
Chips.
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. (Introduced and set for public hearing October 11, 2010)
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.
(Introduced and set for public hearing October 11, 2010)
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 451
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. (Introduced and set for
public hearing October 11, 2010)
Resolution 2010 -085, Authorizing The City Manager To Extend The Maintenance And
Operating Agreement With Seward Ship's Drydock, Inc. Through January 31, 2011.
Resolution 2010 -086, Authorizing The City Manager To Enter Into A Contract With City
Electric Inc. To Reroute The Transmission Line For The North Forest Acres Levee Project
And To Spend Up To $178,828.40 For The Project.
Resolution 2010 -088, Accepting A 2010 Designated Legislative Grant For Commercial
Passenger Vessel Harbor Security Coast Guard Building Relocation For $300,000 And
Appropriating $116,681 From Commercial Passenger Vessel Proceeds, For A Total
Appropriation Of $416,681.
Resolution 2010 -090, Accepting A 2010 Designated Legislative Grant For Mooring Dolphins
And Dock Improvements At Seward Marine Center In The Amount Of $1,500,000, And
Appropriating Funds.
Resolution 2010 -092, In Support Of The Alaska Railbelt Cooperative Transmission And
Energy Company.
61. Resolution 2010 -093, To Adopt The Reliability Standards For Interconnection For Railbelt
Transmission System Operations.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A welcome for the Coastal Villages Retreat.
The Seward Rotary was chosen as an Award Recipient by the Seward Historic
Preservation Commission and a proclamation was read.
Shannon Kovac was chosen as an Award Recipient by the Seward Historic
Preservation Commission and a proclamation was read.
Congratulations were given to Jimmie Foster, National Commander of the American
Legion.
A proclamation was read for Domestic Violence Awareness Month.
City Manager's Report, City Manager Phillip Oates stated there had been no purchases
approved between $10,000- 50,000 since the last Council Meeting. Representative Seaton would be
in Seward tomorrow and would be meeting with the City Manager and the Vice Mayor.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 452
The Harbor would be turning off water to the floats soon, with year -round water remaining at
T -Dock and F float. Matt Chase was promoted to the Harbor Worker III position. Breakwater rock
placement for the East Breakwater extension had begun and would continue through October 31,
2010. The installation of the Security (Z) floats had been advertised, the opening took place
September 27, 2010, and the installation contract would come before council at the October 11, 2010
meeting. The floats should be installed and available for moorage July 2011. The grant funded
project for dredging the cruise ship basins and approach would begin this month.
In Community Development, the Summit (pertaining to gravel, flood, and navigability issues)
would be Friday, October 8, 2010 at the Rae Building with a local tour beginning at 8 a.m. The
public was welcome and the final agenda was available on the City website or can be obtained
through the Community Development Department.
In Public Works, crews were able to locate and repair the problem with the 3 Ave Sewer
Line. They should have the road paved and reopened by the evening of September 24, 2010. This
was an unbudgeted expenditure but had to be resolved prior to winter. Crews were half complete
with sewer flushing and intended to complete flushing before winter. Crews were preparing for
winter and needed to find a solution for tire storage. Winter sand was in and the sand shed and
Metco were full. Public Works planned to reditch Lowell Point road next week.
In the Electric Department, the City Electric Utility experienced two separate, unforeseen, service
interrupting incidents last week. The first of these outages involved the work on the transmission line
repair. The electric department used the back -up generators from four to five hours. The second
incident began September 18, 2010 with a burned out fuse, but experienced short outages in the
following days. The electric crew scheduled an outage in the harbor area to replace additional fuses
which had, at least temporarily, alleviated the outages. The electric department was continuing to
analyze the data to completely correct the problem.
In the Fire Department, the 48 Alaska Fire Conference started today, September 27, 2010 and
was scheduled through October 2, 2010. The number of visitors planning to attend the conference
was approximately 320. The live fire evolutions for the conference would be on September 30,
2010.
Police Lieutenant Butch Tiner addressed the Seward Police Department's role in the recent credit
card fraud. Last week they received a rash of fraudulent credit card reports and had since contacted
the Secret Service, the Alaska Troopers, and the fraud and loss prevention from the banks to try and
determine where the breach in security came from. About 20 people had approached the SPD and
about 11 to the Troopers, which was an unusually high number. The SPD continued to notify the
other fraud agencies and encouraged public to contact them and monitor their accounts. Dunham
asked the public to contact SPD and the higher authorities. The SPD was not the investigating
agency, but they would like to keep track of the situation.
Mayoral Report, Mayor Willard E. Dunham stated the Resource Development Council for
Alaska (RDC) invited him to be a key note speaker on Seward's Ninth Circuit Appeal with the
Trustees of Alaska. He received a lot of questions and discussions on the lawsuit and court findings.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 453
He received a pleasing response. Dunham stated he and Oates were looking forward to meeting the
new Alaska Railroad CEO. The U.S. Army Corps of Engineers offered to take he and the City
Manager to look at the new breakwater and rock. Representatives from the Alaska Department of
Fish and Game would be here in November to discuss a fish enhancement program. Dunham had
talked to the Commissioner of Fish and Game, Denby Lloyd, who said they would work on getting
word back to us on a potential enhancement program. He encouraged all to attend the Seward
Summit on October 8, 2010.
City Attorney Report. City Attorney Rob Johnson gave the attorney report from July 21,
2010 through September 20, 2010. The attorneys had been active and involved in personnel and
public records questions, administrative matters, provided assistance in land use issues, most
specifically for the land taking of tract B for the North Forest Acres Levee Road Project. They
worked with the Harbor and SMIC on land use matters, including harbor compliance, vessel
impoundment, leases, easements, permits and other contract negotiations. The attorneys worked
with the Electric Department on the city's utility easement rights and contract matters.
PUBLIC HEARING
Ordinance 2010 -002, Repealing And Re- Enacting Seward City Code Chapter 7.10, Harbor &
Port Facilities. 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.
L im
Motion (Bardarson /Shafer) Enact Ordinance 2010 -002
Oates was proud to bring this to the council for their consideration. PACAB had been
heavily involved as well as council. Harbormaster Kari Anderson thanked PACAB for their
efforts.
Motion (Bardarson /Shafer) Amend Ordinance 2010 -002, Section 3 to be
effective January 1, 2011, not January 1,
2010.
Motion to Amend Passed Unanimous
Keil wanted to know about loss of qualifying interest, specifically death of a slip holder.
Anderson stated in the harbor, it was their policy to not approach the family immediately, and usually
the family would come to the harbor when they were ready. Typically this came up when the
moorage agreement was renewed at the end of the year. Each situation was different and the harbor
tried to handle each one delicately.
Shafer thanked those who responded to the harbor survey, and she appreciated the public
input on harbor issues.
Dunham thought perhaps they should clarify loss of qualifying interest more. Inheritance
could sometimes take time and maybe they should look at this further in the future.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 454
City Attorney Rob Johnson believed
y y there was probably sufficient language in this
amendment that would cover the delay of inheritance. Even with notices sent out, there were appeal
rights that could basically slow down the process. He felt this covered the city's needs sufficiently.
Motion Passed Unanimous
NEW BUSINESS
ORDINANCES FOR INTRODUCTION
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 (Bardarson /Keil) Introduce Ordinance 2010 -006
Amberg pulled this because of the intent to hire a curator. She and several council members
did not think that was appropriate to put in this ordinance at this point.
Bardarson's concern was that this was an ordinance, and it was future council's job to decide
things like adding a curator position to the library /museum.
Motion to Amend (Bardarson /Shafer) Strike the 8 th , 9th, and 10 Whereas',
removing the language concerning a
museum curator position.
Motion Passed Unanimous
Main Motion Passed Unanimous
RESOLUTIONS
Resolution 2010 -084, Authorizing The City Manager To Reassign Supervisory Duties From
The Deputy Harbormaster To The Senior Administrative Assistant Reducing The Range For
The Deputy Harbormaster To A Range 16.5 -18.5 And Increasing The Range For The Senior
Administrative Assistant To A Range 12 -14.
Motion (Bardarson /Keil) Approve Resolution 2010 -084
Anderson stated this was a range change for two of her harbor employees. After working for
the harbor for a couple years, she had been observing the roles and responsibility. Anderson found it
difficult for her and her deputy to evaluate their administrative staff. This was to change the
supervisory positions — the Deputy Harbormaster to supervise the harbor workers, and the Senior
Administrative Assistant to supervise the administrative workers. This was a zero change to her
budget and was taken to the wage committee with this result.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 455
Valdatta understood the Harbormaster or the Deputy couldn't always be there, but he didn't
understand the demotion for the Deputy Harbormaster — he didn't feel this person should take a cut
in pay. The supervision changes were fine, but he didn't think the change in monetary wages should
change.
Oates stated he did not establish wage levels; the city had a wage committee that followed a
specific rubric.
Anderson agreed with Valdatta's comments but noted she was not on the wage committee
and this was their determination. Why they were bringing this to council now, was because the
committee evaluated the process while the Deputy position was vacant. She made changes to the job
description and the new deputy was aware of the change in pay and was hired aware of the wage
change. Oates stated he did have a formal mechanism to allow for external equity. It's a progressive
wage scale that allowed employees to move up in their career. He stated he would always fight for
fairer wages for his employees.
Keil wanted to know if this was adding additional middle management. Dunham was
concerned with split management, which he felt didn't always work well.
Shafer did not have any issue with this mainly because there was no financial impact.
Irmo Motion Passed Unanimous
Council recessed at 8:28 p.m.
Council resumed at 8:35 p.m.
• • - (pulled by Administration)
Resolution 2010 -089, Authorizing The City Manager To Enter Into A Construction Agreement
With The Metco, Incorporated For $423,027 For The United States Coast Guard Relocation
Project To Construct The Phase 1— Water Line, Relocation Of The Storm Drain, Foundation,
And Phase 2 - Water Line For The Development Of Z Float And Appropriate Funds.
Motion (Keil/Amberg) Approve the Laydown Version Of
Resolution 2010 -89
Public Works Director W.C. Casey stated deadlines were unfortunately missed to get this
laydown version in the packet. The laydown before council was the official resolution to approve
tonight. The project consisted of moving the Coast Guard building and doing the foundation and
utility connects to that foundation. There were utility conflicts which made this a complicated job.
$300,000 of the funding was received through a state grant and they were asking for $116,000 in
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 456
cruise ship head tax monies. He felt they received very responsive bids and were hoping to beat the
weather.
Oates emphasized the grant appropriation the council had already approved tonight on the
consent agenda. What this project did was preserve the location of the Coast Guard building, as their
Railroad lease was ending shortly. He was concerned with relocation and not losing parking in that
area. The improvements, as he saw it, did not prove to be a loss of any parking spots. Oates read the
background and justification of the agenda statement into the record per the request of Mayor
Dunham.
Keil wanted to know if the Coast Guard would make lease payments, Oates stated they
would.
Valdatta asked how they would pump their sewage, with Casey stating that would be handled
by URS, the project managing company. They would not put in a new system, but it would be a part
of the new Z Float system.
Oates stated the Coast Guard was moving the current building and they were paying for it.
Casey stated some engineering costs had been expended already.
Motion Passed Unanimous
Resolution 2010 -091., Authorizing A Sole Source Professional Service Agreement With PND
Engineers To Engineer And Design Two Dolphins And Dock Improvements For The ARRV At
The Seward Marine Center For An Amount Not -To- Exceed $202,359, And Appropriating
Funds.
Motion (Keil /Amberg) Approve Resolution 2010 -091
Oates stated the original work was done by PND. They were able to sole source through a
professional services agreement. This truly solidified the deal to bring this research vessel here in
Seward.
Valdatta noted the south part could use a wave barrier then they wouldn't have to worry
about swells banging the boat — a barrier would alleviate that problem.
Oates stated $1.5 million wouldn't get anywhere close to paying for a wave barrier. Shafer
agreed and pointed out the resolution stated they still needed to look for a more permanent situation
for the vessel.
Dunham said this was crucial to Seward and was what the administration needed to do.
Valdatta understood but stated the city needed to protect the vessel.
Keil was not a fan of sole source but felt there was enough justification in this instance.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 457
Motion Passed Unanimous
i mp
OTHER NEW BUSINESS
Reschedule Library Museum Work Session. Council did not reschedule this work session and it
remained scheduled for September 28, 2010.
Council rescheduled the City Clerk Interview to 5:30 p.m. on October 25, 2010.
INFORMATIONAL ITEMS AND REPORTS (No action required)
July Providence Financials
Mayor /City Manager letter sent to new President and CEO of AARC, Christopher Anderson
COUNCILS' COMMENTS
Shafer thanked Community Development and the Planning and Zoning Commission for the
wind energy policy. Seward had needed something like this for a while and she was appreciative of
the efforts.
Amberg welcomed the fire fighters and thanked council and city administration. This was
.• Amberg's last meeting and it was a joy working with everyone and wished all luck.
Smith thanked the PACAB and harbor for the work on the changes enacted today to the
harbor code. The wind generation policy was just coming into place and they needed to keep an eye
on the policies and hoped it wasn't a nightmare for someone to connect.
Keil thanked Amberg for her service. More people were showing interest with council and
Keil also encouraged joining boards and commissions. The boards and commissions were hard
working and hoped people would consider it.
Valdatta said they passed a milestone of paving the J Dock strip.
Bardarson thanked the commissions for their hard work. She didn't think the public
understood how much time and effort title changes took and thanked administration as well.
Bardarson also thanked Amberg for her time served.
Dunham thanked Amberg for her time served. He thanked the Seward Fire Department, the
Bear Creek Fire Department, the Lowell Point and Moose Pass Departments for pulling together the
massive firefighters conference, the mural society for their latest mural in a day, and Parks and
Recreation for their annual conference in Seward. Dunham stated the idea of staff hosting these
events was commendable. Many contracts were going out from the city, and there were a lot of
things going on in Seward right now. The city had done a lot of things for this small community and
everyone in town should be proud of its accomplishments. He encouraged all to vote in the Kenai
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 458
Peninsula Borough and City election. Seaton would be in town tomorrow. Dunham thanked the
Railroad for paving J Dock.
CITIZENS' COMMENTS
Deborah Altermatt apologized for not being at the beginning of the meeting to accept the
Rotary Award. She would present it tomorrow at the next meeting. Altermatt stated it was boat
selling season. She thanked the folks who gave PACAB credit for the code revisions. It was a large
task and they felt it was very important. In response to those who said PACAB was making changes
to benefit them directly, she stated this was not the case.
Altermatt noted a code change that was not being made — the transfer of ownership of a slip in the
event of a death. She did not agree the slip had to be relinquished immediately and felt the harbor
should use more compassion and patience when dealing with these situations.
Tim McDonald, echoed Deborah's comments and agreed changes still needed to be made.
He didn't feel they should take someone's slip until the end of the year. The Wind Energy
Conversion issue was going to be messy, but he felt it didn't matter - they needed to get going on it.
McDonald felt there was a lack of understanding between city administration and the public. From
his point of view, it was an open town and cameras messed up the ambiance of the town. It just took
away from the innocence and atmosphere of the town. Council needed to provide a large bulk head
with cranes, an echo grid, ice machines, and an executive fisherman's lounge to become a
commercial fishing friendly town once again.
Linzy Burke was here because of the camera policies. The group in attendance tonight was
a young group who would like to participate to this community and would like to be part of these
decisions council made. She hoped to participate and start open communication.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Shafer was excited to see new people involved in the community. She hoped those who
came recognized some of the tremendous events that occurred this evening, like the furthering of the
guarantee of the research vessel Sikuliaq.
In response to McDonald, Valdatta said someone in Homer set up a plan to transport ice from
their ice plant.
Smith was happy to see some younger generation stepping up to the plate.
Keil echoed McDonald's first three suggestions, but doubted the fisherman's lounge was
likely.
ADJOURNMENT
The meeting was adjourned at 9:32 p.m.
City of Seward, Alaska City Council Minutes
September 27, 2010 Volume 38, Page 459
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