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HomeMy WebLinkAbout11262012 City Council Minutes City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 36 CALL TO ORDER The November 26, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Christy Terry Bob Valdatta Vanta Shafer Marianna Keil comprising a quorum of the Council; and Ron Long, Assistant City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — Jean Bardarson, Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald said regarding the recent passage of the state bond, and since there had already been a fair amount of money spent on the Seward Marine Industrial Center (SMIC), and since there were six different harbor locations in Seward, he wanted to see a baseline study conducted in those six locations to see where SMIC stood in the rankings. The six harbor locations included the old Liquid Propane site adjacent to the Alaska Railroad dock, the McDonald property on Nash Road, Afognak, the old freight lines dock, the sawmill site at SMIC and SMIC itself. The north dock bonds had just been paid off, and that area was constrained by drafts which prohibited break water development, so he wondered what the plans were now. He hoped council would perform due diligence to study all the potential locations and consider what would be most beneficial to develop. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Shafer) Approval of Agenda and Consent Agenda Council Member Terry pulled Resolution 2012 -092 from the consent agenda. `. Motion Passed Unanimous City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 37 The clerk read the following approved consent agenda items: Ordinances for Introduction Ordinance 2012 -011, Revising The City Code To Eliminate The Requirement For Electrical Deposits For Reserved Moorage (Tenant) Customers At The Small Boat Harbor And To Eliminate The Requirement That Reserved Moorage Vessels Must Be Connected To Electric Service. (This ordinance was set for public hearing and enactment at the December 10, 2012 meeting.) Resolutions Resolution 2012 -087, Authorizing The City Manager To Accept A Grant In The Amount Of $2,508,000 From The Alaska Department Of Environmental Conservation Municipal Matching Grant Program To Construct The North Seward Water Storage Tank, Agreeing To The Terms And Conditions Of The Grant Agreement, And Authorizing $170,000 For State Grant Administration Surcharge Fees And Appropriating Funds. Resolution 2012 -088, Supporting The Qutekcak Native Tribe's New Early Childhood Development Center. Resolution 2012 -089, Stating An Intent To Fund $575,000 For The Lowell Canyon Water Tank Refurbishment Project Subject To Receiving A Loan For That Amount From The Alaska Department Of Environmental Conservation Drinking Water Fund, Authorizing A Loan Application With The ADEC Drinking Water Fund And Authorizing The City Manager To Accept A Loan Offer From The ADEC Drinking Water Fund With Payments Subject To Bi- Annual Appropriation. Resolution 2012 -090, Appropriating $25,000 In One -Time Project Management Fees To The Capital Acquisition Fund For Capital Budget Needs. Council approved the October 8, 2012 City Council Regular Meeting Minutes, the October 22, 2012 City Council Regular Meeting Minutes, and October 22, 2012 City Council Special Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards The Teen & Youth Center (TYC) Council was introduced and welcomed. Maggie Wilkins was recognized as the recipient for the Alaska Recreation and Parks Association's New Professional Award. Amy Carney and Lee Poleske were recognized as the recipients of the State Archival Certificate of Excellence for their work developing Bits of History. City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 38 a ro City Manager's Report, Assistant City Manager Ron Long stated there had been no purchases approved by the City Manager for between $10,000 and $50,000. The evaluation criteria for the 2012 Fire Station Renovation Project was as follows: 1. Complete Project Proposal 20 Points Each project area equaled 5 points, including the following: • Proposal meets expected project outcome • Project design drawing submitted • Project cost for each area • Estimated start and completion date 2. Statement of Qualifications 10 points 3. Contractor is Licensed and Bonded 10 points 4. Litigation History 5 points 5. Proposal Amount 5 points The Parks & Recreation Warehouse renovations were completed and the building inspection was done today. Public Works restored water service to Resurrection Bay Seafoods on November 21, 2012 which had been without water since the September 19, 2012 flooding. The delay in getting the water service back on was due to difficulties experienced with materials acquisition. Volunteer firefighter Lt. Jonathan Gage was congratulated for putting together one of the best Firefighter I classes to date on behalf of the Seward Fire Department Firefighters Academy. A purchase order for $5,588 was issued to EHS Alaska for conducting a hazardous materials survey for the fire station. City Attorney Report, Cheryl Brooking reported for the period of October 20 through November 20, 2012 she provided advice on ordinances, personnel matters, contract matters, public records request, Open Meetings Act issues, and various planned use, platting and subdivision issues. She had been in contact with the State of Alaska regarding certain abandoned real property in Seward, had worked with the Harbor on proposed ordinance and tariff revisions, and worked with the Electric Department on proposed ordinance and various labor utility and contract matters. She discussed a case decided on by the Alaska Supreme Court in October 2012, specifically Andrea McCloud vs. Sean Parnell. That case started in the lower court with a request for former Governor Sarah Palin's emails that had been sent via her personal blackberry device. Based on the lower court's decision, Brooking recalled her original opinion for council which was if communications had not been made on a city - provided device, they were not a matter of public record because that was what the Superior Court had held. However, in light of the Supreme Court's decision that if the subject matter was a matter of public business, regardless of the device being owned publically or privately, the record was subject to public disclosure. She stressed to council how important it was for everyone to communicate city business through City of Seward email accounts, and that personal devices could be subpoenaed and reviewed by a court, personal records included. Brooking added that text messages may also be subject to public disclosure. Mayoral Report, David Seaward stated on November 21, 2012 he met with TRAILS and Independent Living Center representatives who were concerned that 30% of Seward was on City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 39 disability and city was not concentrating on disability or accessibility issues. On November 13, 2012 Seaward went to the Annual Conference of Mayors in Anchorage where he met mayors from various communities. Senator Mark Begich also attended and gave an update on the federal election process. On October 26, 2012, Seaward and Assistant City Manager Ron Long met with Governor Parnell to bring the governor's attention to Seward's budget needs. Other Reports, Announcements and Presentations A presentation was given by Randall Rydberg about Seward's Volunteer Ambulance Services. A presentation was given by SVAC President Mike Moore about the Seward Volunteer Ambulance Corps (SVAC). A Travel Report was given by the Seward Delegation who recently traveled to Obihiro, Japan for Obihiro's 130 Pionnering and 80 Incorporation Anniversary Celebration. UNFINISHED BUSINESS Ordinance for Introduction 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. (The introduction for this item was postponed from the September 10, September 24, and October 22, 2012 meetings. The original motion was made by Terry and seconded by Shafer.) Motion to Postpone Introduction (Terry /Shafer) Postpone the Introduction of Ordinance 2012 -010 to the January 14, 2013 Meeting Motion to Postpone Passed Unanimous Consent NEW BUSINESS Resolutions Resolution 2012 -086, Authorizing A Contract Through December 31, 2013, With All Alaska News Unlimited, LLC For Display Advertising In The Seward Phoenix Log At A Reduced Rate Of $210.00 Per Week. Council Member Shafer declared a potential Conflict of Interest because her newspaper business also bid on this contract. Mayor Seaward ruled that a conflict existed and Shafer removed herself from the dais. Motion (Keil/Terry) Approve Resolution 2012 -086 Motion Passed Unanimous City of Seward, Alaska City Council Minutes November 26, 2012 volume 39, Page 40 Resolution 2012 -091, Appropriating $208,150.00 Of Commercial Passenger Vessel (CPV) Tax Funds To Provide Pavement Repairs And Striping At The Alaska Railroad Corporation (ARRC) Cruise Ship Terminal And Replacement Of Depleted Passive Anodes On The ARRC Cruise Ship Dock In Support Of Cruise Ships And Their Passengers. Council Member Terry declared a potential Conflict of Interest because she worked for the Alaska Railroad. Mayor Seaward ruled that a conflict did exist because of her position as a manager. Motion to Appeal Ruling (Keil/Shafer) Overrule Decision of the Chair Council Member Terry requested the following be read into the record. City Clerk Kinney read the following: According to Council Rules of Procedure, a conflict of interest exists whenever a council member has a direct or indirect substantial financial interest in the outcome of a vote or a decision of the council. No member of the council may discuss or vote on any question in which the member has such a direct or indirect substantial financial interest. [sic] According to City Code, Section 2.10.035: No member of the council may discuss or vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the beginning of debate on the question for a ruling on a request from the member with the financial interest to be excused from the discussion and vote. The decision of the presiding officer on a request by a member of the city council to be excused from discussion and a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. [sic] Council recessed at 8:55 p.m. Council resumed at 9:02 p.m. After the recess, City Clerk Kinney and City Attorney Brooking determined the proper motion to vote upon was: "Does the body wish to uphold the decision of the Chair ?" It was appropriate for the Chair to vote on this motion, so there were four (4) qualified members present to vote. Motion to Appeal Ruling Failed Uphold Decision of the Chair Yes: Valdatta, Seaward No: Keil, Shafer The decision of the Chair was upheld and Council Member Terry removed herself from the dais. Motion (Shafer/Keil) Approve Resolution 2012 -091 City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 41 projects Long said the Alaska Railroad (AKRR) had identified two p � earlier this y ear that would be their priorities: parking lot paving improvements and the cathodic protection system at the cruise ship dock in the amounts of $131,000 and $50,000, respectively (plus a 15% contingency). The purpose of the projects were consistent the state and legislature because the result would be improved traffic flow for busses and cabs, and the cathodic protection system would include replacement of the anodes and current system to offset the electrolytic action of the sea water against the steel to prevent corrosion. Valdatta was concerned that the funding for these projects would be more appropriate to come from Maintenance and Repair Funds (MRF). He wanted it to be known that this wasn't the only funding the AKRR received. Long said the railroad might accomplish that through the Community Impact Fund via a council request to the state legislature. Seaward thanked the railroad for all they've done for the community. He asked Long to explain what the city and /or taxpayers received when a cruise ship or barge docked. Long said the railroad didn't have direct accounting to the city because it was a private corporation. Although the city did not receive dockage, wharfage or demurrage fees, in his opinion the net result to the city was a positive because the funds went back into the community. Motion Failed Yes: Shafer, Seaward No: Keil, Valdatta Resolution 2012 -092, Approving The Use Agreement Between The City Of Seward And The Alaska Vocational Technical Center (AVTEC). Motion (Terry /Shafer) Approve Resolution 2012 -092 Long said this was a recurring three -year contract between the city and the Alaska Vocational Technical Center (AVTEC) which was last renewed in 2009. AVTEC had been very effective in seeking support from the state for capital projects, but less effective in handling operational costs. AVTEC requested the city vacate space or pay more for the office space it currently used. What was before council for consideration was a contract which included a slight reduction of public hours and an increase in rental fees. Valdatta objected to the increased fees and the city's obligation to cover janitorial services. Long said he felt it was a good arrangement, even though it was not the perfect scenario for both sides. Terry said she pulled this off the consent agenda in order to have an explanation from administration, and she thanked AVTEC for their partnership. She asked that administration coordinate with other gyms in town and communicate to the public what AVTEC's new hours would be so that everyone had options. Shafer said there were alternatives throughout the city to only using the facilities and programs at AVTEC, like Tot Time and Play & Chat that could be held in a different location, and it City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 42 was time to get creative. Terry encouraged the community to potentially pick up some of the services that may have been reduced or eliminated by AVTEC. Motion Passed Yes: Terry, Shafer, Keil, Valdatta No: Seaward Other New Business Council scheduled a Work Session on Monday, January 7, 2013 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 scheduled a Work Session on Monday, January 21, 2013 at 6:00 p.m. to discuss Budget Policy. INFORMATIONAL ITEMS AND REPORTS Providence September Financial Report Seward Library Museum Project Update Kenai Peninsula Borough Letter to City Council regarding Borough Planning Commission approval of vacations of rights -of -way and portions of utility sewer easements within the City of Seward (Clerk's Note: this action was also approved by Seward City Council Resolution 2012 -071 and by the Seward Planning and Zoning Commission by Resolution 2012 -014 which recommended this borough approval) COUNCIL COMMENTS Shafer said her heart went out to the gentleman killed on the highway this weekend and to the Sadusky family. She hoped everyone had a Happy Thanksgiving. Valdatta said Tim McDonald's idea for the harbors was a good one. He referenced the letter council received from the He Shall Provide food shelter requesting the city's assistance with finding a new location for them. He added that the city should consider purchasing the property where the food shelter was vacating, as it was the only remaining property along that corridor that the city didn't own. Terry thanked the Seward Volunteer Ambulance Corps (SVAC) for their hard work since 1953 and emphasized their importance in the community. She thanked the Teen and Youth Center (TYC) for their volunteerism throughout the community. She asked administration to look at the food bank request and provide comments to council. Finally, she asked administration for a report on the $10 million bond as far as next steps. Long said the State Legislature needed to first authorize and appropriate the bond monies City of Seward, Alaska City Council Minutes November 26, 2012 Volume 39, Page 43 when they convened. This was expected to be completed by early February 2013. Long said R &M Consultants had wrapped up their design concepts and cost estimates for Coastal Villages. CITIZEN COMMENTS David Squires, speaking as a citizen as well as the Fire Chief, said council received two presentations tonight regarding medical care and services in the community. He clarified that the city's authority went only to mile three, but SVAC went to mile 38. He had personal experience as a recipient of SVAC's services and was pleased with their capabilities. He said similar -sized communities had volunteer paramedics on staff, but only on a volunteer basis. In his opinion, it was paramount for people who lived farther away to have paramedic services if and when they needed them. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None ADJOURNMENT The meeting was adjourned at 9:50 p.m. ( A,11L. - ( 1 '— J hanna Kinney, C David Seaward ity Clerk Mayor ® f • • SEAL . • • , • rF •.•2• •• ,.•��Q• , • F OFA p► • � s •O `••... ■.. .. .••