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HomeMy WebLinkAbout05132013 City Council Minutes Cite of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 12-1 CALL TO ORDER it The May 13, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Butch Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Vanta Shafer Bob Valdatta Christy Terry Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Y.. Absent — Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald gave council an update on the baseline trail project. He was circulating a public petition to gather support and was asking for $65,000 from the 2012 cruise ship head tax revenues. The baseline trail was a proposed bicycle road and could be used as an emergency escape route as well. McDonald felt there was high demand for summer and winter snow biking. He clarified it was not a certified petition he was circulating and was seeking popular support throughout the entire community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Terry) Approval of Agenda and Consent Agenda Bardarson asked that a correction be made to the April 8, 2013 minutes to reflect in her travel report that she and City Manager Hunt traveled to Juneau, and not Assistant City Manager Long. That correction was accepted without objection. Seaward placed Resolution 2013 -033 on the consent agenda without objection. City of Seward Alaska City Council Minutes May 13, 2013 Volume 39, Page 125 Motion Passed Unanimous ..r The clerk read the following approved consent agenda items: The April 8, 2013 and April 22, 2013 City Council Regular Meeting Minutes were approved. Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List Customers At The Small Boat Harbor. (This Ordinance was introduced and set for public hearing and enactment on May 28, 2013.) Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage Rates At The Small Boat Harbor. (This Ordinance was introduced and set for public hearing and enactment on May 28, 2013.) Resolution 2013 -030, Authorizing The City Manager To Accept The 2012 Assistance To Firefighters Grant Award For Exercise Equipment In The Amount Of $24,377, Authorizing A City Match Of $1,283 And Appropriating Funds In The Amount Of $25,660. Resolution 2013 -031, Accepting Reimbursable Funds Of $3,000 From Kenai Mountains Turnagain Arm Corridor Communities Association (KMTACCA) And Appropriating Funds. Resolution 2013 -032, Recommending Kenai Peninsula Borough Approval Of The Seward Bear g g pP Creek Flood Service Area 2013 Local Hazard Mitigation Plan Update. Resolution 2013 -033, Authorizing The City Manager To Enter Into A Change Order With Harmon Construction In An Amount Not To Exceed $71,379 For The Purpose Of Adding A Wash Water Holding Tank To The Vessel Wash Down Pad At The Seward Marine Industrial Center (SMIC) And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards National Safe Boating Week is May 18 -24, 2013. Seward Harbor Opening & Blessing Of The Fleet Proclamation. Military Appreciation & Armed Services Combat Fishing Tournament Proclamation. Recognizing National Police Week and Peace Officers' Memorial Day. Alaska Law Enforcement Torch Run and Pledge Drive for Special Olympics Alaska and Terry Pollard Memorial Exit Glacier Run Proclamation. City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 126 Borough Assembly Report, Sue McClure stated the assembly met in Seward and the response after the meeting from her colleagues was that it was always pleasant to be in Seward. At that meeting, they approved the allotting of $343,000 of cruise ship head tax revenues to Seward and Homer. The assembly unanimously defeated the ordinance that would have allowed the use of fireworks in the borough but opened up a discussion that there should be more patrolling of the issue. The Seward Bear Creek Flood Service Area Board was finally a complete board and so was the Bear Creek Fire Service Area Board. The assembly met on May 7, 2013 and heard a presentation of the FY 2014 budget. McClure had a copy if anyone wanted to review it. It was a conservative budget and most mill rates would stay the same. June 4, 2013 was the day the ordinance approving the budget would be reviewed and could be potentially amended. On May 11, 2013, the Bear Creek Fire Department had their official ground breaking ceremony for the new facility. Wednesday, May 15, 2013 was "Permitting Day" in Seward, with many agencies present to answer questions about various permitting processes. On May 18, 2013 was the transfer station's hazardous waste disposal day. City Manager's Report, City Manager Jim Hunt stated the following purchases between $10,000 and $50,000 were approved by the City Manager since the last council meeting: • Construction Machinery Inc., for $17,400.00 through Public Works for excavator rental. • M.L. Foster and Associates, for $20,000 through Public Works for consulting services related to developing a plan for sludge removal at Lowell Point and SMIC waste water treatment plants. `.,. A group from the Army Corp of Engineers visited last week and was working with administration to identify alternatives for the Lowell Canyon Tunnel, including a cost shared, federally funded feasibility study. In the harbor, there were seven vessels scheduled for sale via public auction on May 28, 2013. A grant application to fund the installation of a public crane was submitted to the United States Department of Agriculture Rural Business Enterprise Grant program on May 1, 2013. There were two recent electrical outages that affected approximately 16 users. Electric Power Systems (EPS) had been working with electric crews to complete the testing on three or four substation transformers. The maintenance and testing for the remaining transformer, Spring Creek substation transformer located in SMIC, was scheduled to begin on May 19, 2013. The Electric Department received a quote for the painting of all four substation transformers. A resolution would be coming to council for this soon. In Public Works, street crews were preparing streets for striping and painting, pothole patching with cold mix. They were waiting for the batch plant in Kenai to go into summertime production mode of patching material before more extensive repairs could be made. The shop crews were scoping and pricing for snow blower repairs, front end gear reduction and new ribbons, which equated to approximately $30,000. In Parks and Recreation, Waterfront Park camping areas were open and Forest Acres Park was expected to open May 22, 2013. William's Park would open soon, and Spring Creek Campground was open for day use. The skate park, playgrounds, little league field and boulder field were all open, while Jon Perry and Citizen's Fields remained closed. Sports and Recreation held a successful Pink Cheeks Triathlon on May 4, 2013 with 250 racers and 120 �,., volunteers. May 18, 2013 was Kids Fish Day and the Exit Glacier Race / Terry Pollard Memorial. City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 127 City Attorney's Report, Cheryl Brooking issued the attorney report for the period between ...i March 21 through April 20, 2013. The attorney's provided general legal advice and assisted with ordinances, contracts, leases, employment, and labor matters. Brooking noted new laws passed by the state legislature waiting for presentation to the Governor. One proposed change was to Title 36, the state procurement code, which increased small contracting amounts from $50,000 to $100,000 and construction contracts from $100,000 to $200,000. Another act passed had to do with self defense and Brooking read the revised law to the council. Mayoral Report, David Seaward welcomed the public and those who were watching from home tonight. He thanked Martha Fleming for recording the GCI broadcast. Other Reports, Announcements and Presentations Washington, D.C. and Seattle, Washington travel report by Vice Mayor Bardarson. Bardarson said she traveled April 22 -26, 2013 with Hunt and Long. In Washington, D.C., they met with Kate William of the Senate Oil and Gas Council and Geoff Bowman, professional staff for Water Resources and Environment where they spoke about the Army Corps of Engineers, specifically the Lowell Canyon Tunnel and past harbor projects that the Corps stated the city owed money on. They continued meetings with Kip Knudsen, Director of State and Federal Relations, who suggested the city recruit universities to come forward with their best ideas on how to improve the Lowell Canyon Tunnel. The Army Corps of Engineers wanted $2 million for a tunnel study, in which Seward would have to pay $1 million of that sum. Bardarson, Hunt, and Lon g also met with Representative Young, Senator Murkowski, and staff for Senator Begich, and delivered the city's federal priorities to each office. In Seattle, Bardarson stated they met with Holland America, who informed them they would be in Seward in 2014 with a larger ship. They met with Royal Celebrity Cruise Lines who confirmed their continued presence in Seward as well. Sampson Tug and Barge reported they were happy in Seward and TOTE gave good indication that Shell would be back in Seward in the future, although Shell and TOTE were concerned with the condition of the Seward Highway. Bardarson thanked Cindy Clock at the chamber for pulling this trip together. PUBLIC HEARINGS — Listed under Unfinished Business UNFINISHED BUSINESS Items Postponed From Previous Agenda — Ordinances For Public Hearing And Enactment (With A Second Public Hearing Requested By Council.) Ordinance 2013 -004, Amending Seward City Code, Section 12.05.031, International Mechanical Code, Adopting The 2012 International Mechanical Code (IMC) Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Shafer and seconded by Seaward.) City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 128 lbw Fire Chief David Squires stated the ordinance had no changes since the introduction date of April 8, 2013 meeting. 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 (Shafer /Seaward) Enact Ordinance 2013 -004 (pram motion madeat the April 22, 2013 meeting) Motion Passed Unanimous Ordinance 2013 -005, Amending Seward City Code, Section 12.05.11, International Building Code, Adopting The 2012 International Building Code (IBC) Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Casagranda and seconded by Shafer.) As a conflict of interest was declared upon introduction of this ordinance on April 8, 2013, Bardarson removed herself from the dais for this discussion and vote. Squires requested council delete their earlier amendment and revise their condition to allow for relocatable mancamps. 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 (Casagranda /Shafer) Enact Ordinance 2013 -005 (main motion madeat the April 22, 2013 meeting) Motion to Amend (Terry/Keil) Amend Ordinance 2013 -005, by striking item 13 in Section 2: "Chapter 1 Section .. . . .. City of Seward, Alaska City Council Minutes Mav 13, 2013 Volume 39, Page 129 .. • • •• • .. . • ... i ''." and renumbering accordingly. Terry didn't think the city needed to change what had already been implemented in the building code regarding temporary structures. If council deleted this section, they would revert to how the code currently read, which was also written in the 2012 IBC code, without the city's proposed revisions. Motion to Amend Passed Unanimous Motion to Amend (Terry /Keil) Amend Ordinance 2013 -005, striking the following language in item 83 in Section Two: e ' - ' - . ' .. - - _ ! Terry requested this amendment be made to remain consistent with the previous change, and reverting back to the original requirements of temporary structures. Motion to Amend Passed Unanimous Shafer was concerned the council was adopting these codes before the state made any changes before adopting them. She would like to see what the state did first, and wanted to make sure the city did not make a more restrictive environment. Terry said when the state adopted their final revisions; she hoped it would come back to council for their review. Motion Failed Yes: Valdatta, Terry, Seaward No: Shafer, Keil Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Casagranda and seconded by Shafer.) Squires requested council consider the proposed amendment in their packet and renumber accordingly. 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 (Casagranda /Shafer) Enact Ordinance 2013 -006 ..i City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 130 (main motion made at the April 22, 2013 meeting) 'two Motion to Amend (Terry /Bardarson) Amend Ordinance 2013 -006, adding a new item 48 in Section Two: "Chapter 9, Section 903.1.1 of the I.F.C. is revised by adding a new Section 903.3.1.1.3 to read: `903.1.1.3 (Inspectors test valve). A test valve will be installed at the remote area in both dry and wet systems to equal the required flow of one sprinkler head. In locations that use floor control valves the inspector test valve may be collocated where it can be installed to the exterior to an interior drain." and renumber accordingly. Motion to Amend Passed Unanimous Keil wondered if the amendment was substantial enough to go out for another public hearing notice. Brooking deferred to the Fire Chief to determine if it had a material impact on the code proposal. If there was question, it would be better to err on the side of caution and have another notice. Squires said the mention of the floor control valves was the section he could not answer with certainty if there would be a cost increase for the user or not. Motion to Postpone (Shafer/Keil) Postpone Ordinance 2013 -006 to the May 28, 2013 meeting. Council requested this ordinance come back for an additional public hearing. Motion to Postpone Passed Unanimous INFORMATIONAL ITEMS AND REPORTS COUNCIL COMMENTS Bardarson thanked and wished those luck in the upcoming Combat Fishing Tournament. She hoped people participated in Lemonade Day, and wished everyone a Happy Belated Mother' s Day. Keil thanked those who picked up trash last Saturday and participated in the Bike Rodeo. iru. City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page 131 Shafer congratulated the high school track teams at Regions and wished them luck at the .. State Tournament. Terry thanked Public Works for their tunnel inspections, she was lucky to go on a tour inspection. The tunnel continued to need a lot of work as well as the diversion dike. This project needed to be kept at a federal level until Seward could get buy in from the feds. She appreciated the time Public Works took with their inspections. Long hoped everyone would wear their personal flotation devices Friday. Seaward wished everyone a Happy Mother's Day. CITIZEN COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil wondered if there was a cost estimate for the baseline trail project that was proposed. Hunt was not aware of any dollar figure at this point. It was a great idea, but would require a lot of time and planning. They had not received formal plans at this point. ADJOURNMENT i C D_____Q The meeting was adjourned at 8:25 p.m. %ad y o hanna Kinney, CMC David Seaward t iL_____ ity Clerk Mayor (City Seal) •sss sssaee ; l, pc 0 'i+ CC:,' .Q � ellap�n rLL ani, laa /4. . 4 M ® : �f .� iR as u ti.r� s,._r, A,-;',_, _ . au r r - , r • • °," e 9 ....1