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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 bre 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 L y I f rze 1 ,t ohanna Kinney, CMC Willard E. Dunham Acting City Clerk Mayor (City Seal) l�f y f e u ("`11.rC ° 4 LA ra,"' •a • • —'4— • E��� t) L `I�r