HomeMy WebLinkAbout03262013 City Council Minutes City of Seward, Alaska Cite Council Minutes
March 26, 2013 Volume 39 Page 103
w.. CALL TO ORDER
The March 26, 2013 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
Jean Bardarson Ristine Casagranda
Marianna Keil Bob Valdatta
Vanta Shafer Christy Terry
comprising a quorum of the Council; and
Jim Hunt, City Manager
Ron Long, Assistant City Manager
Johanna Kinney, City Clerk
Cheryl Brooking, City Attorney
Brenda Ballou, Deputy City Clerk
Absent — None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Susan Ernst owned the Rez Gym and had heard that the city employees may be opening a
gym with employee wellness funds. She did not have an issue with that, but was concerned that the
location being targeted was the old museum space, that the gym would be fee -based for community
use, and that this had all been directed to administration by council to fill the gap left from the
reduction in hours at the AVTEC facility. She considered that to be a broadening of the Parks &
Recreation Department's mission and thought it was inappropriate for the city to undertake. She
asked the city to help support private enterprise to fill this apparent gap. She was also concerned that
no one from the city apparently knew about this potential project, but residents in general seemed to
know all about it. She asked for the city to adopt a position of competitive neutrality.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Shafer) Approval of Agenda and Consent Agenda
City of Seward, Alaska City Council Minutes
March 26, 2013 Volume 39 Page 104
Keil pulled Resolution 2013 -020 off the consent agenda and added a discussion item for the city old
museum /gym space.
Long added a discussion item to send a letter to the House and Senate Finance Committees
supporting the Seward Marine Industrial Center expansion project, at the request of Senator Cathy
Giessel.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2013 -019, Authorizing The Seward Arts Council For The Seward Mural Society To
Paint An International Friendship Mural In Obihiro, Japan In 2013, And Appropriating
Funds In The Amount Of $37,420.
Approval of the February 28, 2013 City Council Special Meeting Minutes.
Non - objection to the liquor license renewals for: Christo's Palace, The Ivory Cove, Tony's Bar,
Tony's Liquor Store, Oaken Keg #2728.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
A proclamation declaring March 25, 2013 as Seward's Day was accepted by Patty
Linville.
A proclamation supporting Governor Parnell's Choose Respect initiative and
announcing the Choose Respect March on Thursday, March 28, 2013 at noon at the Alaska
SeaLife Center was read and received by Dawn McDevitt from SeaView Community Services.
Chamber of Commerce Report, Cindy Clock brought copies of the April 2013 issue of
Alaska Magazine and said it was being mailed to every person who held a fishing license last year.
The chamber was mailing visitor's guides to approximately 2,200 individuals who had requested
them year -to -date, and 4,000 travel agents across the nation. Over 11,565 visits had been made to
seward.com in the past month, with over 29,000 pages views. The chamber had a booth at the
Matanuska - Susitna Sports & Recreation Show last weekend where they promoted fishing in Seward.
The chamber was hosting and promoting several events, including Lemonade Day, the Seattle
Partners trip, the Alaska State Chamber's Outreach event and the Marine Firefighters Symposium.
The Board of Directors for the World Eskimo Olympics chose Seward for their annual board meeting
in early May. Clock echoed the sentiments expressed earlier and said the chamber would like the city
to have a non - competitive stance regarding private businesses.
City Manager's Report, age eport, Jim Hunt stated the following purchase order was approved by the
City Manager for between $10,000 and $50,000 since the last council meeting: North West Service
& Sales for $28,900 for a mulching head.
City of Seward, Alaska City Council Minutes
March 26, 2013 Volume 39 Page 105
Imo On March 20, 2013 Flip Foldager received a Governor's Special Achievement Award for
Safety at a ceremony held at the Egan Center. The Fire Chief, Building Inspector, Public Works
Director and Assistant City Manager attended the three -hour ADA training session on March 20,
2013. The Planning & Zoning Department was updating the Municipal Lands Management Plan. On
March 11, 2013 administration received a copy of a letter sent to Jim Pruitt, owner of Seward Ship's
Drydock Inc., by the Alaska Department of Environmental Conservation (ADEC) which stated the
shipyard site status had been upgraded and was now listed as "Cleanup Complete." The Port Director
from Homer, along with Homer's Port Deputy, Maintenance Manager and Office Manager visited
Seward on March 13, 2013 to exchange ideas about operating procedures and other valuable topics.
Electric Power Systems would be in Seward this week to perform preliminary testing and
sampling on the transformers at the three substations and again on April 15, 2013 for further
evaluation, contingent upon the weather. The Alaska Railbelt Cooperative Transmission and Electric
Company (ARCTEC) was working with legislators on behalf of Seward to outline the state's highest
transmission and generation priorities. Hunt attended the National Emergency Training Center's All
Hazards Response training last week in Maryland along with Police Chief Tom Clemons. He
encouraged council to take the National Incident Management System (NIMS) ICS 100 and 200
courses online.
City Attorney's Report, Cheryl Brooking stated her firm had been working on bidding
procedures, contracts and various resolutions. As well, she worked on the possible conveyance of the
imp Jesse Lee Home property, the city's interconnect policy, and various labor and health care issues,
including the recent Providence settlement with the state.
She attended a Tax and Securities Law Seminar and reported that large banking institutions
were being exposed for intricate, fraudulent schemes relating to bond certificates. Normally, banks
would take money from tax - exempt bond proceeds and invest it during the construction period on
behalf of the community by giving it to a Guaranteed Income Provider (GIC) to put out to bid. The
fraud happened between the banks and GICs wherein they colluded on who would bid, what the
amounts of the bids would be, what they would tell the community their price was, what the real
price would actually be, and then how the banks and GIC would split the difference. This issue was
relevant for Seward because they issued tax - exempt bonds. In response to Shafer, Brooking said
there was often prison time associated with these schemes as well as financial penalties.
In response to Seaward, Brooking said she did not give interviews to any media as the
attorney for the City of Seward unless she had been directed to do so by the City Manager or by
council. She did not consider it to be part of her role to be a spokesperson for the city.
Mayor's Report, David Seaward stated he received a securities report for the Kenai
Peninsula that he was making available for council and public review. He thanked Martha Fleming
and GCI for helping to broadcast the meeting tonight.
City of Seward, Alaska City Council Minutes
March 26, 2013 Volume 39 Page 106
Other Reports, Announcements and Presentations j
Seaward read a report submitted by Deborah Altermatt on behalf of the Port And
Commerce Advisory Board (PACAB) for the first quarter of 2013.
Martha Fleming reported on behalf of the Planning And Zoning Commission for the
first quarter of 2013.
Charles Vaught presented an overview of the recycling services provided in Seward on
behalf of Waste Management of Alaska — Kenai. There would be approximately four days
scheduled for hazardous waste drop -off at the landfill which they would be advertising to the
community. They would also look into the possibility of accepting fluorescent bulbs and let
administration know.
PUBLIC HEARINGS — None
UNFINISHED BUSINESS — None
NEW BUSINESS
Resolution 2013 -020, Authorizing The City Manager To Purchase One Ford Explorer Police
Vehicle And Equipment For An Amount Not To Exceed $46,000.
Motion (Bardarson /Terry) Approve Resolution 2013 -020
Police Chief Tom Clemons said the Police Department needed to replace the 1997 vehicle
they had, and after this new vehicle was purchased they would not have to replace another vehicle for
three years, excepting an unforeseen event like an accident. Keil asked about the ratio of officers to
vehicles and Clemons said there were ten officers and ten vehicles. Clemons said the department had
increased the number of vehicles over time, partly as a requirement to improve response times, and
partly due to the Active Shooter Program he instituted at the schools which required between four
and six officers at the same time. Instead of replacing each vehicle every seven years, the department
would be replacing vehicles every ten years. The department's policy was that officers were not
allowed to use the vehicles for personal use, but were allowed to take them home.
Terry asked for clarification from the city attorney in reference to Title 6 and the city's
procurement code, and Brooking said it appeared that this vehicle purchase seemed to be tagged onto
the state's competitive bid process in order to obtain the best price for the vehicle and, therefore, was
not required to go through the city's competitive bid process. Clemons added that it was more
advantageous to go through the state's bid process in this case because of the economies of scale
resulting from the state's purchase of hundreds of vehicles at a time.
Motion Passed Unanimous
City of Seward, Alaska City Council Minutes
March 26, 2013 Volume 39 Page 107
Other New Business
Discussion on sending a city official to the unveiling of the mural in Obihiro, Japan in
September. Council selected Mayor Seaward to be the city's representative in Japan.
Discussion on declarations and rulings of conflicts of interest. Brooking suggested council
consider creating a procedure to determine a common law conflict of interest versus a financial
conflict of interest. Brooking advised that in any conflict of interest case, rulings should be made
individually so that each individual's involvement may be considered on its own merit. Council
directed the City Attorney and City Clerk to bring forward a resolution proposing changes to
the language in Rules 20 and 28 in the Council Rules of Procedure.
In response to Seaward, Brooking said the procedure for "reconsidering" his previous ruling
on a conflict of interest for Bardarson and Keil relating to the Community Health Center Board
(CHC) would be to make a new motion at the next meeting to re -rule on their conflict of interest
declarations individually. Seaward questioned the original resolution that had approved the
appointment of Bardarson and Keil to the CHC Board of Directors, and City Clerk Johanna
Kinney confirmed that the council did appoint them.
Discussion of the city old museum /gym space. When asked about the possibility of the He Will
Provide Food Bank using the space, Long said he still needed to speak with Jackie Campbell to
discover their needs, and possibly visit the food bank during their distribution of foodstuffs on a
him Thursday. As an alternative, Terry suggested a Mom & Tot program be considered in that space as
long as private industry was not able to offer it. Bardarson suggested a cultural exchange center
where various classes could be held. Seaward suggested that the space could be leased out.
Discussion on sending a letter to the House and Senate Finance Committees supporting the
Seward Marine Industrial Center Expansion Project. Long presented a letter for council's
endorsement and signature, requested by Senator Cathy Giessel, to the House and Senate Financial
Committees outlining the Coastal Villages Regional Fund (CVRF) and Seward Marine Industrial
Center (SMIC) expansion plans.
INFORMATIONAL ITEMS AND REPORTS
January 2013 Providence Financial Report.
COUNCIL COMMENTS
Bardarson thanked Flip Foldager for the harbor safety program. She reminded everyone
about the Fur Ball fundraiser on March 30, 2013 at Chinook's Restaurant for the animal shelter. She
thanked Commissioner Fleming for her Planning and Zoning Commission report and encouraged
people to apply for the vacant seat on the commission.
■... Keil said there was a disturbing comment about Seward today made by Representative Stoltz
that Seward was a passe harbor location.
City of Seward, Alaska City Council Minutes
March 26, 2013 Volume 39 Page 108
Terry congratulated the Native Youth Olympics athletes from Seward, as well as the Seward
High School basketball teams for going to the State Championships. She was proud that the boys'
team receiving a Good Sportsmanship Award at the event.
Seaward reminded everyone about the Choose Respect March on Thursday, March 28, 2013.
CITIZEN COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS - None
EXECUTIVE SESSION
Motion (Terry /Keil) Go into Executive Session to discuss City
Clerk's evaluation.
Motion Passed Unanimous Consent
Council recessed at 9:10 p.m.
Council resumed at 9:15 p.m.
Council went into Executive Session at 9:15 p.m.
Council came out of Executive Session at 9:58 p.m.
ADJOURNMENT
The meeting was adjourned at 9:59 p.m.
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