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
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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
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J hanna Kinney, C David Seaward
ity Clerk Mayor
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