HomeMy WebLinkAbout09102012 City Council Minutes City of Seward, Alaska City Council Minutes
Septemberl0, 2012
Volume 39, Page I
CALL TO ORDER
Lau
The September 10, 2012 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor David Seaward. There was a moment of silence that followed in remembrance
of the September 11, 2001 victims.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Jean Bardarson Christy Terry
Vanta Shafer Bob Valdatta
Ristine Casagranda Marianna Keil
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Absent — None
CITIZEN COMMENTS
John French announced on behalf of the Prince William Sound Regional Citizens' Advisory
Council (PWSRCAC) that their rotational board meeting would be held on Thursday, September 20,
2012 through Friday, September 21, 2012. This annual meeting rotates throughout seven different
communities so he encouraged people to attend and give their input. There was a public reception
planned at 5:30 p.m. on Thursday, September 20, 2012 at the Alaska SeaLife Center. Also,
September began PWSRCAC's planning cycle and they were open to accepting ideas for new
projects.
Matt Hershock spoke regarding Ordinance 2012 -009 and questioned why no manufacturers
responded to the inquiries made by Council Member Casagranda as to the ingredients and health
risks /benefits of adding substances to drinking water. He did not want anything added to Seward's
drinking water until or unless the manufacturers responded and could give assurances that there were
no health risks.
APPROVAL OF AGENDA AND CONSENT AGENDA
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Motion (Keil/Shafer) Approval of Agenda
City of Seward, Alaska City Council Minutes
Septemberl0, 2012 Volume 39, Page 2
Keil requested to remove the introduction of Ordinance 2012 -009 and Ordinance 2012 -010 from the
consent agenda. Terry requested the addition of scheduling a work session to discuss Ordinance
2012 -009. Keil requested the addition of scheduling a work session to discuss Ordinance 2012 -010.
Motion Passed Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
A Proclamation was presented to John Christianson on behalf of the American Legion
in honor of Patriot Day.
A Proclamation was presented to John Christianson on behalf of the American Legion
to recognize American Legion Day.
A Proclamation was presented to Patty Linville to proclaim October as Information
Literacy Month.
Borough Assembly Report, Sue McClure stated the Assembly had two meetings since her
last report. The Assembly was continuing to accept money from the state, including $3,976,000 for
the Bear Creek Volunteer Fire Department's multi -use facility. The new facility would begin
construction next spring and would hold the fire department, as well as borough annex offices and
the Seward Bear Creek Flood Service Area Board (SBCFSAB) office. On October 13, 2012,
McClure would be holding annual meetings to discuss each community's capital funds wish lists and
to discuss plans for utilizing revenue - sharing dollars. Metco, Inc. received the contract for the Beach
Drive catch basin and culvert project in Lowell Point. There was a mutual aide agreement in place
between the Bear Creek Volunteer Fire Department and the Lowell Point Volunteer Fire Department.
SBCFSAB was now at -large for all seats, and there remained one open seat which would be by
appointment and would not require an election.
Valdatta asked what would be the borough's contribution would be towards paving
Dieckgraeff Road. McClure deferred to the City Manager for a response, but also offered to look into
the plan. Terry asked what the floodplain designation was for the new proposed location of the Bear
Creek Volunteer Fire Department. McClure said the current property was in a floodplain zone, and
assured council that the new location would be on a higher elevation.
City Manager's Report, Jim Hunt stated the following expenditures between $10,000 and
$50,000 had been approved by the City Manager since the last council meeting: a purchase order was
issued to Bering Marine for an amount not -to- exceed $15,423.10 for bulk salt and $41,575.14 for
surface work performed on Dieckgraeff Road was approved for payment to Metco, Inc.
Lt. Gov. Mead Treadwell made a courtesy visit to city offices and met with Community
Development Director, Ron Long. Harbormaster Mack Funk joined Treadwell along with other
community members for a breakfast meeting and the Lt. Governor also spoke with Mayor Seaward
via telephone. Topics of the visit included SMIC development and prioritizing capital requests to be
City of Seward, Alaska City Council Minutes
Septemberl0, 2012
Volume 39, Page 3
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included in the Governor's budget package targeted for mid - December.
A wheel rim on the 50 -ton boat lift failed on August 26, 2012, resulting in the lift being out
of service for four days. The cause of the failure was still under investigation. The harbor crew
removed the fence on the sidewalk on the east side of 4`" Avenue across from the Fish House and the
Breeze Inn. The plan was to re- install the fence along the new boardwalk across Port Avenue from
the Railroad Depot. A contract was issued to Service Electric for upgrading the lights in City Hall
which was the final expense associated with that grant. A grant application for the North Seward
Water Storage Tank project was submitted to Juneau. The Parks and Recreation Department was
seeking a temporary, long -term location for Park Maintenance and Campgrounds operations due to
the crumbling warehouse building in which they were currently housed. The Parking Department
was researching the possibility of adding a charging station at the harbor for electric cars. Maggie
Wilkins was hired as the Teen and Youth Center Coordinator and Jennilee Regis was hired as the
Sports and Recreation Coordinator. The Electric Department was preparing to place several
customers' services underground in the alley between First and Second Avenue and between
Jefferson and Adams streets. The Alaska Peace Officers Memorial had its annual statewide law
enforcement shooting competition and Corporal Pat Messmer and Officer James Rouleau both
placed high.
Shafer received several complaints from homeowners at Ballaine Avenue regarding a resident
of the Bay Vista apartments who was putting out excessive amounts of bird food, resulting in large
amounts of birds and rabbits, but also potentially drawing large animals. She was concerned about
health and safety issues that were being created.
Mayoral Report, David Seaward stated he attended the Founders Day presentation on
August 28, 2012 held by the Resolution Bay Historical Society. On September 7, 2012 he spoke with
Lt. Governor Treadwell and welcomed him to Seward. On September 4, 2012, Seaward joined a
contingency of state legislators for a private tour from the Friends of the Jesse Lee Home. He also
visited the Senior Center and learned of the seniors' concerns for traffic driving too fast on Third
Avenue.
Terry asked why the Friends of the Jesse Lee Home had not yet requested the property from
the city. Long replied that the Friends of the Jesse Lee Home was seeking full funding of the project
before they moved forward. Long added that administration had been invited to be a participant of
their legislator tour event, but administration wanted to acknowledge the Open Meetings Act in the
process which would mean an open invitation to the public to attend, and the Friends of the Jesse Lee
Home wanted to keep the event private and by invitation -only. Terry asked if the board of the
Friends of the Jesse Lee Home had made a decision regarding which school board they wished to
join, either Galena or Kenai Peninsula.
Other Reports, Announcements and Presentations - None
PUBLIC HEARINGS
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Ordinance 2012 -008, Revising Seward City Code Chapter 14.05 (Garbage And Refuse),
Increasing Allowable Container Sizes, Changing "Occupant" To "Occupant And /Or Owner ",
City of Seward, Alaska City Council Minutes
September 10, 2012 Volume 39, Page 4
And Requiring Bear - Resistant Dumpster Lids And /Or Containers For Repeat Attractive
Nuisance Violations. 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.
Motion (Bardarson /Terry) Enact Ordinance 2012 -008
Hunt said they were requesting a change to the container size and repetitive attractive
nuisance violations. Casagranda asked for clarification regarding the use of "person" in Section 1 (a)
and whether that referred to exempting a residence or business as well. Finance Director Kris
Erchinger said the intent of Section 1 (a) was to allow the city the ability to exempt someone from
the requirement in the event they were paying redundant garbage fees between their residence and
business. Casagranda requested the language be written less vaguely.
Valdatta questioned the weights for each can as they seemed excessive, and Erchinger said
the weights were industry standards that were being adopted by the city on recommendation from the
contractor. In Section 4, Casagranda she wanted the months to be extended to May through
November rather than May through August. Seaward asked who would be providing the bear -
resistant container and dumpster lids for an additional $2 per month and Erchinger said the
contractor would lease them. Seaward also thought the $100 fine per violation was excessive. Hunt
said that fee was in keeping with nuisance abatement standards and were more cost - effective than
remedying a problem after the fact. Bardarson added that $100 fine for the first incidence was
excessive. Hunt said there was great discretion in the application of that fine. Keil asked who was
arie
responsible for enforcing the code and collecting the fines, and Erchinger said the Police Department
and the Department of Fish and Game would be responsible for identifying violators, issuing
citations and collecting fines. Keil
Motion To Amend (KeiUTerry) Change Section 4 from "May through
August" to "May through November"
Motion To Amend Passed Unanimous Consent
Motion To Amend (Casagranda) Change Section 1 from "The City may
exempt a person from this requirement..."
to "The City may exempt a person, not
themselves, from this requirement..."
Motion To Amend Died For Lack Of Second
Motion To Amend (Terry /Keil) Change the 4th Whereas from "August"
to "October"
Motion To Amend Passed Unanimous Consent
Motion To Amend (Keil/Casagranda) Strike the sentence in Section 1 (a) that reads
City of Seward, Alaska City Council Minutes
September] 0, 2012 volume 39, Page 5
"The City may exempt a person from this
requirement only to the extent that they are
paying for refuse service at another
building or building site within the city."
Motion To Amend Passed Unanimous
Main Motion Passed Unanimous
Resolution 2012 -070, Amending The Garbage Tariff, Increasing The Residential Rate
Schedule By Approximately 25 %, Adding Bulky Item Pickup Service And Lockable Dumpster
Lids, Creating A Monthly Charge For The Rent Or Lease Of Dumpsters From The
Contractor, Encouraging The Use Of Bear Resistant Garbage Cans, And Increasing All Other
Rates By An Average Of 25% For 2013 And Providing For Automatic Annual Adjustments To
The Rate Schedule During The Term Of The Franchise Agreement Beginning January 1, 2014
At A Rate Equal To 140% Of The Consumer Price Index. Notice of the public hearing being
posted and published as required by law was noted and the public hearing was opened.
Motion (Terry/Bardarson) Approve Resolution 2012 -070
Erchinger said administration had recently completed a request for proposal for waste
services and included with that was a consideration for future rate increases. There had only been
rate increases in Seward three times in the last 21 years and this resulted in rate shock increases for
Seward's residents instead of smaller incremental rate increases. The proposal that was being
recommended affected a 25% rate increase initially, but would result in smaller rate increases year
over year for the next seven years and that would enable residents to have some predictability in their
rates.
Lois Uitdeflesch said if the city took over the garbage and if dumpsters were no longer used,
she thought three men with a one -ton truck could pick up all the garbage in two hours. She believed
that dumpsters were hardly filled to capacity anyway and the city could accomplish the task with far
less equipment than it was currently using.
Valdatta asked why there was not a fuel surcharge /adjustment outlined in the contract.
Erchinger said the city had allowed proposal responders to include fuel adjustment factors in their
proposals if they wished, but the successful proposer chose not to.
Terry asked what the process would be for communicating the CPI rate changes to the public
and Erchinger said the CPI change would take effect January 1 of each year (for the previous year's
CPI rate change) and the city would be able to communicate that to the public by March of the same
year.
Seaward asked if the harbor's dumpster could be painted with artwork, similar to some of the
others around town have been done. Erchinger said the dumpsters that have been painted were
actually owned by the city, but other dumpsters were not owned by the city and the city would have
to make arrangements with the contractor for approval and funding. Seaward called for a consensus
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September 10, 2012 Volume 39, Page 6
of council, and Keil said they could review it during this fall' s budget cycle. Casagranda suggested
the City Manager ask the contractor to consider painting their dumpsters.
Motion Passed Unanimous
Resolution 2012 -071, Recommending Kenai Peninsula Borough Approval Of The Forest Acres
Subdivision Levee Replat; Creating Four (4) Parcels; Vacating Undeveloped Rights -Of -Way
And Utility Easements While Dedicating New Rights -Of -Way And Utility Easements; Located
South Of The North Forest Acres Levee And Predominantly Within The Resource
Management Zoning District. 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.
Motion (Terry /Keil) Approve Resolution 2012 -071
Long said this survey work was combined with another project in order to reap cost savings
for the city, and they were able to move the cable easement as well. In response to Valdatta, Long
confirmed that there would be no construction on this acreage and it would remain as conservation
land going forward.
Motion Passed Unanimous
NEW BUSINESS
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Ordinance For Introduction
Ordinance 2012 -009, Establishing Criteria For Substances Added To Public Drinking Water
For Purposes Unrelated To Potability.
Motion (Casagranda /Terry) Introduce Ordinance 2012 -009
Keil requested administration provide comments. Hunt said he had not reviewed the
ordinance fully. Terry pointed out that administration had the same opportunity as the public to
review documents, and asked if administration would be prepared to comment by the next meeting
and Hunt said he would. Casagranda was concerned that the Environmental Protection Agency
(EPA) had relinquished all oversight of ingredients going into public drinking water and the National
Sanitation Foundation International (NSFI) was the private body that handled the product. She did
not receive any information or disclosure in response to the requests she made of fluoride
manufacturers. She felt strongly that City Council was the steward of Seward's public water supply
and should hold itself accountable and should require full disclosure and compliance with law by any
manufacturer or provider of additives to our public drinking water.
Terry asked which agency monitored the quality and quantity of the chloride currently to
Seward's public drinking water. She requested administration provide that information along with
their comments about this proposed ordinance. Casagranda clarified that this ordinance pertained to
City of Seward, Alaska City Council Minutes
September] 0, 2012 Volume 39, Page 7
additives unrelated to potability, and that chloride was added to kill bacteria. Shafer said she wanted
to know the impact of any additive being put into the drinking water before she could decide.
Motion To Postpone (Keil/Shafer) Postpone Introduction of Ordinance 2012-
009 To The September 24, 2012 Council
Meeting.
Casagranda objected and said administration had an equal amount of time to review this
information as anyone in the public. Casagranda said she had stated she had previously publicly
informed council multiple times that she would be bringing forward this ordinance.
Motion To Postpone Passed Yes: Shafer, Bardarson, Keil, Valdatta,
Seaward
No: Terry, Casagranda
Ordinance 2012 -010, Amending Title 14 Of The City's Code Of Ordinances To Provide For
Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution
System.
Motion (Terry /Shafer) Introduce Ordinance 2012 -010
Motion To Postpone (Shafer/Bardarson) Postpone Introduction Of Ordinance 2012 -
,,.. 010 To The September 24, 2012 Council
Meeting.
Motion To Postpone Passed Unanimous
Resolution 2012 -072, Approving An Engineering Contract With R & M Consultants In The
Amount Of $85,545 For The Design Of The D -Float Replacement Dock At The Seward Small
Boat Harbor, And Appropriating Funds.
Motion (Shafer/Keil) Approve Resolution 2012 -072
Funk said the engineering funds for this contract were 100% federally funded in a non -
matching grant, and the city was able to obtain a 50/50 matching grant for the construction. The
harbor had received four proposals for this project and Seaward asked if Funk could arrange for the
contractor to do a public presentation. Funk said there would be public information provided, but not
to a great extent because this was a continuation of an existing project and was considered more of a
maintenance project than new construction.
Shafer asked if the project would be timber or concrete, and which of those was the more
prudent option. Funk said the city had requested timber dock system because that held up to
Seward's environment better over time.
Motion Passed Unanimous
City of Seward, Alaska City Council Minutes
Septemberl0, 2012 Volume 39, Page 8
Resolution 2012 -073, Establishing An Overall Project Budget And Authorizing Revisions For
The Seward Community Library Museum Project, And Authorizing Change Order No. 4 For
$263,493.17 To The Construction Contract With PCL Construction Services, Inc.
Motion (Shafer /Keil) Approve Resolution 2012 -073
Long said the intent of this resolution was to tie together all the cumulative changes and
updates that had taken place throughout the construction process. Overall, the project team and
management team had done an exemplary job in keeping costs contained and preventing "scope
creep."
Shafer said she was glad to see this project be on time and under budget. Seaward thanked the
committee for their work in raising funds and seeing this project through to fruition, and asked if the
committee would consider looking at adopting any form of renewable energy for the building going
forward. Long said they had contemplated and used all the energy - saving and energy- efficient
products possible. Casagranda added that although this project appeared to be coming in under
budget, she cautioned council to maintain its focus and diligence in the oversight of this project.
Motion Passed Unanimous
Council scheduled a work session on September 24, 2012 at 5:30 p.m. to discuss Ordinance
2012 -009, Establishing Criteria For Substances Added To Public Drinking Water For
Purposes Unrelated To Potability. nsii)
Council scheduled a work session on September 25, 2012 at 6:00 p.m. to discuss Ordinance
2012 -010, Amending Title 14 Of The City's Code Of Ordinances To Provide For
Interconnection Of Small Renewable Energy Sources To The City's Electrical Distribution
System. Council directed administration to seek feedback from communities currently utilizing an
interconnect policy in advance of the work session.
COUNCIL COMMENTS
Bardarson reminded the public to use the bike paths rather than the roads because it was
getting darker, and encouraged everyone to enjoy this beautiful fall season.
Keil acknowledged the tragic passing of Darryl Deeter and requested that council send a card
to his family.
Seaward thanked everyone for attending the meeting and watching on television. He thanked
Martha Fleming and GCI for broadcasting.
CITIZEN COMMENTS
John French commented that for Ordinance 2012-009 there were many details that should
still be flushed out.
City of Seward, Alaska City Council Minutes
Septemberl0, 2012 Volume 39, Page 9
Maya Moriarty said council should not vote on Ordinance 2012 -009 because there had not
Ir
.. yet been cost analysis conducted about fluoridating the public drinking water.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Casagranda clarified that Ordinance 2012 -009 had nothing to do with a cost analysis. She
said she wanted council to acknowledge their accountability to the public. There were testing
standards in place for the effectiveness of chlorine, but there were no testing standards in place for
fluoride or other additives.
Terry asked council to consider changing code to require a first reading, second reading and
then enactment of ordinances going forward. City Clerk Johanna Kinney stated as long as council
met the minimum requirements for presenting ordinances per city code; it was council's option to
have additional public hearings or readings.
EXECUTIVE SESSION
Motion (Bardarson /Shafer) Go into Executive Session to discuss City
Manager's evaluation.
Hunt stated he had originally wanted this to be on the tonight's agenda, but then decided to
request council have his evaluation scheduled at a later time.
iimp
Motion Failed Yes: Casagranda, Seaward, Valdatta
No: Keil, Bardarson, Shafer, Terry
ADJOURNMENT
The meeting was adjourned at 9:32 p.m. „...,. ..., j
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