HomeMy WebLinkAbout08122013 City Council Minutes City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 175
CALL TO ORDER
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The August 12,2013 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor David Seaward.
OPENING CEREMONY
Lt. Louis Tiner led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Seaward presiding and
Vanta Shafer Bob Valdatta
Ristine Casagranda Jean Bardarson
Christy Terry Marianna Keil
comprising a quorum of the Council; and
Jim Hunt, City Manager
Cheryl Brooking, City Attorney
Brenda Ballou, Acting City Clerk
Lim
Absent—None
City Attorney Cheryl Brooking stated that if there were a matter coming before the Planning
& Zoning Commission that may potentially result in the City Council having to act as a Board
of Adjustments for an appeal,then no one on council should be hearing testimony now,as that
would be considered ex pante communications. She declared that there would be no public
comment allowed on that subject matter at tonight's meeting.
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Jim Herbert gave an update on the Sister City Student Exchange Program and Adult Citizen
Exchange, and said the visitors had a wonderful time while they visited here. He thanked those
members of council who attended the events, and all the families who provided homestays. He
reminded people that Jean Lewis was facilitating the 100th Anniversary of Seward's Founder's Day
events along with the Resurrection Bay Historical Society(RBHS).He added that the Prince William
Sound Regional Citizens Advisory Council (PWSRCAC)would be having their annual meeting in
Seward in October.
Tim McDonald wanted a second opinion on the matter the city attorney brought up,and said
he didn't believe it was correct. He said the salmon season had been going well,and Seward was in a
great position to create and support habitats for salmon.
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 176
APPROVAL OF AGENDA AND CONSENT AGENDA ..r
Motion (Bardarson/Keil) Approval of Agenda and Consent Agenda
Valdatta pulled Non-Code Ordinance 2013-012 from the consent agenda because he wanted to ask
about a lien on the property.
Casagranda pulled Resolution 2013-063 from the consent agenda because she wanted more
information about the financials for this project.
Bardarson pulled Resolution 2013-064 from the consent agenda because she wanted clarification on
the construction.
Casagranda pulled Resolution 2013-065 from the consent agenda because she wanted to ensure that
the school board had an opportunity to provide input on this project.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Ordinances for Introduction
Non-Code Ordinance 2013-011,Authorizing A Replat Of Tract C-1, Subdivision Per
Plat Number 85-9,As Gateway Subdivision Addition No.2,Exempting The Transfer Of Tract
C-6 Of The Replat From The Subdivision Requirements Of Title 16 Of The Seward City Code
Of Ordinances,And Authorizing The Landowner To Complete The Replat Subject To Certain
Conditions.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Annual Lost Lake Breath of Life Run Proclamation.
Borough Assembly Report, Sue McClure stated the assembly accepted $1,000,000 from
the state on behalf of the Seward Bear Creek Flood Service Area Board (SBCFSAB) for flood
mitigation projects, and she added that there were seats available on SBCFSAB if anyone was
interested in serving. There would be two questions on the borough's October election ballot: the
first would be whether term limits should be repealed for assembly members;and the second would
be whether the term limits should be kept at two terms or extended to three terms. The assembly
approved a $23,000,000 bond measure for Phase 2 of the school roof replacement project and had
been approved by the state for 70% forgiveness. The assembly adopted the Federal Emergency
Management Association's(FEMA's)DFIRM maps.There would be a proposition on the borough's
October ballot on whether to increase the homeowners' borough tax exemption from $20,000 to
$50,000.
City of Seward, Alaska
City Council Minutes
August 12, 2013 Volume 39, Page 177
City Manager's Report,City Manager Jim Hunt stated the following purchase order was
approved by the City Manager since the last council meeting: $16,000 to Ferguson Enterprises for
shop stock valves, hydrants, parts & pieces.
Residents of Seward and the surrounding area were encouraged to register to vote,or update
their voter registration, at the City Clerk's office in preparation for the October 1, 2013 municipal
election. On Monday,August 26,2013,a delegation of dignitaries from Obihiro,Japan consisting of
the Mayor, City Council President, Mayor's Office Manager, and two staff members from the
International&Domestic Relations Section would arrive for a visit to Seward and would be taking
part in the Founder's Day 100th Anniversary Celebration on Wednesday, August 28, 2013.
In Electric, site preparation started on the Fort Raymond Warehouse and the pedestrian
pathway was detoured around the construction site until the permanent reroute could be constructed.
At the Harbor, the forms for the wash-down pad would be built this week and the slab would be
ready to pour next week,weather depending.D-Float tenants had been contacted about the upcoming
construction. On August 5,2013 the harbor office staff and outside crew saved a boat from sinking
on N-Float after a customer reported that the boat was going down fast. Public Works purchased a
new well pump for the #6 production well and it was back in operation. The $490,000 sludge
removal project at the Seward Marine Industrial Center(SMIC)and Lowell Point were delayed due
to budget and permitting constraints. Administration was developing a Scope of Work for the City
Annex building and had started the process for refurbishing the 400,000 gallon Lowell Canyon water
storage tank.
A Request for Proposals for custodial services had been developed by the Parks and
Recreation Department. The scoring criteria was:
Clarity of the Proposal 5%
Performance, Experience, and Quality of work in Providing Services of a Similar 35%
Nature
The Proposer's Organizational Structure(including financial stability),Equipment and 20%
Personnel Qualifications & Resources Available for Performance of the Agreement
and timeliness of similar projects.
Additional Services That May Be Provided by the Proposer 5%
Cost to the City 35%
100%
Hunt requested direction from council to write to the State of Alaska Department of
Transportation(DOT) for their plans to fix the airport runway. Shafer suggested that Hunt"carbon
copy"the governor on that letter. Keil added that she had sent photos of the flooded airport to both
Representative Mike Chenault and Senator Cathy Giessel and had received responses from both.
Bardarson requested to see a draft of the administration's plans for the old museum building
space and the old library building space.
City Attorney's Report, Cheryl Brooking stated that for the period of June 21 —July 20,
2013 her firm provided advice and guidance on various ordinances,code issues,employment issues,
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 178
and platting options,among many other issues. She clarified ex parte communications:When council
acted in a legislative capacity, citizen comments were considered lobbying efforts and were
encouraged. When council acted in a quasi-judicial role,citizen comments were prohibited because
council may be put into the position of having to hear an appeal in the future.This included members
of the Planning and Zoning Commission as well. If an ex parte communication happened, that
member of council or commission should disclose the subject and extent of that conversation, and
subsequently may be excused from hearing the appeal. In response to Terry,Brooking said she would
provide council with the legal precedence for disallowing citizen comments on a matter that had not
yet come up as an appeal.
Mayoral Report,David Seaward stated Mayor Navarre had invited Seaward to attend the
2013 Industrial Day, and Seaward would be attending. He thanked Jim Herbert and all the people
who supported the cultural exchange between Seward and Obihiro, Japan. He displayed the 2013
Silver Salmon Derby award that had been gifted to the city from our Port City of Kushiro, Japan.
Valdatta encouraged everyone to attend the Industrial Day event in Kenai,and said he it was
an event well worth attending.
Keil thanked Seaward for attending the Sister City student exchange program events.
Other Reports, Announcements and Presentations
Alaska Railbelt Cooperative Transmission&Electric Company •
P P Y(ARCTEC(ARCTEC)Report
p
by Chairman Willard Dunham
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
Ordinance 2013-007, Amending The City Of Seward Code, Section 12.05.021,Adopting The
2012 Edition Of The International Residential Code(IRC),Including Revisions.(Clerk's Note:
Because of the required sprinkler amendments proposed in this ordinance, additional public
hearings are necessary to satisfy Alaska Statute 29.35.144. This ordinance is required to have a
minimum of three public hearings. The first public hearing was held on May 28, 2013, and tonight is
the second public hearing. At the September 9, 2013 meeting there will be a third public hearing and
this proposed ordinance will be voted on,for possible enactment.)
The Main Motion was back on the floor.
Building Inspector Stefan Nilsson said that contractors had been solicited to provide
feedback related to wood foundations and footings.The responses received indicated that contractors
were dissatisfied with allowing wooden foundations or footings because even if treated, the wood
would eventually rot out and would be difficult to replace. If footings were made of cement, they
would not be prone to rot, and if replacement of the footings became necessary over time, it would
be easier to perform with cement footings.
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 179
Nilsson continued with the sprinkler discussion related to the square footage of a newly-
constructed building.Fire Chief Eddie Athey was concerned and wanted the code to be amended to
specifically state"every new residential structure"rather than"every new structure". In response to
Terry,Nilsson said administration would bring forth an amendment to council for the next public
hearing on this ordinance.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Don Sutherland said he had been a first responder since the early 1980s, was a building
inspector, and was in favor of requiring sprinklers in one- and two-family dwellings. He said that
residential sprinklers were proven to reduce or eliminate fire-related deaths, particularly in
conjunction with smoke detectors.
Larry Harmon said,aside from safety concerns,other considerations for sprinklering homes
was cost and the availability of contractors. His concern was that adding a sprinkler requirement
might potentially drive people to build outside the city limits.
Tim McDonald said treated wood footings rot away and/or weaken after a number of years,
but was concerned that the expense of cement footings may be cost-prohibitive and suggested there
may be other alternatives, such as steel shoes or channel irons.
L. Dave Squires said the reason why the square footage of 3,601 square feet was critical
because it directly related to the fire department's ability to respond effectively to a fire, and the
water department's ability to supply water at an appropriate water pressure. He warned that if council
did not initiate a sprinkler requirement,the city would eventually incur greater expenses in the long
run by having to furnish more fire trucks and personnel.He encouraged council to eliminate wooden
foundations altogether for new construction in order to maintain the value of the home for years to
come.
Mike Insalaco spoke about wooden foundations,and said pressure-treated wood foundations
were often used for quick-build homes in urban areas that were not designed to last for generations,
but were more "disposable" in their structure. Regarding sprinklers, he thought it was a personal
choice to have a fire suppression system.
No one else came forward to address Council and the public hearing was closed.
Shafer asked if the borough was considering adopting the same code.Athey said the borough
as a whole did not adopt the International Residential Code, but relied upon each city to adopt it.
Athey pointed out,however,that the borough may be exploring some residential tax credit incentives
in support of it.
Terry asked Nilsson to clarify attic access and its relative size,based on a comment made in
the contractor feedback.Nilsson said he was not proposing a size change to attic access as much as a
location change to prohibit the access from within a room containing bathing facilities.
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 180
Bardarson asked for clarification regarding IRC Section 12.05.021 as it related to making
home repairs because she thought that someone reading that language might be confused and think
they needed a permit for every small home project like painting the house, installing a playscape or
building a small shed. Nilsson read several examples of typical small home repairs that did not
require permits and administration agreed to clarify the language by including a reference to the
section which listed what was allowed for home owners to do on their own without a permit.
Seaward wished to provide an incentive for installing a sprinkler system,such as waiving the
permit fees. He currently did not support the sprinkler requirement in the code as it was written.
Athey said the city's current Insurance Services Office (ISO) building rating was 4.4, but was
degrading to 5.5 because the city was not keeping updated with new standards, and that had an
impact on homeowners' insurance rates. ISO generated a rating based on a scoring such things as
water distribution systems,recordkeeping,and equipment. The ISO rating scale went from 1 -9,and
the lower the number the better the rating.
Motion to Postpone (Terry/Keil) Postpone the enactment of Ordinance 2013-
007 until the September 9, 2013 meeting.
Motion to Postpone Approved Unanimous Consent
Non-Code Ordinance 2013-012,Authorizing The Completion Of The Tax Foreclosure Process
And The Disposal Of The Property Described As The West '/Z Of Lots 19 And 20, Block 30,
Original Townsite Of Seward; With Tax Parcel ID Number Of 14813010, Located At 408
Madison.
Motion (Terry/Shafer) Introduce Non-Code Ordinance 2013-012
Long said this property could not be developed by code because,at only 3,000 square feet,it
was too small so the recommendation from administration was to sell it to the adjacent property
owner. The adjacent property owner's intention was to clean up the property and was willing to
assume responsibility for the property from a legal standpoint.City Attorney Cheryl Brooking said
the State of Alaska currently had a $25,000 lien on the property, but the state would terminate the
lien upon foreclosure of the property.
Motion to Introduce Approved Unanimous
Resolutions
Resolution 2013-063, Authorizing The City Manager To Enter Into An Agreement With
DAMA Industrial LLC For The Preparation And Painting Of Four (4) Substation
Transformers For An Amount Not To Exceed $54,436, And Appropriating Funds.
Motion (Keil/Shafer) Approve Resolution 2013-063
Long said this resolution was to appropriate funds for a resolution previously authorized by
council. Casagranda pulled this from consent because she needed clarification on the$286,000 cost,
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 181
and Long said there was $136,000 for the refurbishment of the transformers and $120,000 for the
painting. Shafer was happy that this project was finally getting done.In response to Shafer, Utilities
Manager John Foutz said the oil and seal testing came back favorably. Foutz expected Electric
Power Systems(EPS) in Anchorage to provide the city with a list of maintenance objectives. Foutz
added that the shut-off for each transformer would be coordinated and generators would be used
intermittently so that no one would be without power.
Motion Approved Unanimous
Resolution 2013-064, Authorizing The City Manager To Allow Change Order #1 With
Harmon Construction,Inc.For The Civil/Site Work And Foundation Construction Authorized
Under Resolution 2013-051, To Permit The Installation Of Vapor Barrier, Two-Inch
Insulation And PEX Tubing Into The Slab/Foundation, For A Price Increase Not To Exceed
$89,500, And Appropriating Funds.
Motion (Bardarson/Shafer) Approve Resolution 2013-064
Hunt said administration was bringing this solution forward as the most efficient, effective
and green heating source for the electric warehouse.Foutz said they had intentionally not included a
heating system in any previous resolutions, and instead performed their own research to come up
with this as the most cost-efficient and energy-efficient solution. As a heat source,this method had
the advantage of maintaining a more consistent,even temperature and eliminated any potential safety
hazards because there would be no heating element hanging from the ceiling or sitting on the floor.
Terry asked for an explanation of what work would be done in the main warehouse floor area,
and Foutz said the work would include consolidating materials storage for the department,as well as
parking and storage for the primary crew vehicles. Foutz said some materials and one vehicle were
currently being housed in a heated generator shed, and the remaining vehicles with heat plugs were
parked in the yard.
Terry was opposed to this resolution because she wanted to see a running total of the entire
project cost.
Motion to Amend (Bardarson/Terry) Amend Resolution 2013-064 by adding
"Slab/" before the word Foundation in the
Title and Section 2.
Motion to Amend Approved Unanimous Consent
In response to Bardarson, Hunt and Foutz said they intended to seek grant funding and
assistance from the Alaska Energy Authority (AEA) to pursue a geothermal system.
Main Motion Failed Yes: Keil, Valdatta, Seaward
No: Bardarson,Terry,Casagranda,Shafer
Resolution 2013-065,Authorizing The City Manager To Enter Into A Construction Contract
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 182
With Harmon Construction,Inc.To Build A Sidewalk Along Sea Lion Avenue In The Amount
Of$69,707.00,Waiving Competitive Procurement Requirements,And Appropriating Funds.
Motion (Bardarson/Terry) Approve Resolution 2013-065
Long recalled a presentation made by the site-based council and early discussions relating to
the sidewalk. Foutz passed out a new map as a laydown and explained that they would be adding
approximately 240 feet of sidewalk.
Casagranda asked if the school board had been given the opportunity to provide input on this
project since it directly impacted the students.
Motion to Amend (Terry/Bardarson) Amend Resolution 2013-065 by adding the
following new Section 1 and moving all
other sections down: "The Seward City
Council finds that entering into a contract
with Harmon Construction, Inc. for
construction of the sidewalk Sea Lion
Avenue is in the public's interests for the
following reasons:
• The contractor is on-site doing work
under a previous RFP award and the city
will realize a savings in mobilization/
demobilization costs; and
• The sidewalk work is similar to the
contractor's other work, requiring like
tools, equipment and expertise; and
• The work will be finished sooner
with less impact to student traffic than
would be the case were a new process be
initiated for this work.
Motion to Amend Passed Unanimous Consent
Main Motion Approved Yes:Terry,Shafer,Keil,Valdatta,Bardarson
No: Casagranda, Seaward
INFORMATIONAL ITEMS AND REPORTS
City of Seward_financials for May 2013.
Providence Seward Medical Center financial report,for June 2013.
COUNCIL COMMENTS
Bardarson thanked the volunteers for the Silver Salmon Derby and wished the fishermen
good luck. She reminded everyone that there was still time to submit a candidate packet for mayor
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 183
and council, and that the boards and commissions were also a good way to volunteer. She thanked
the Electric Department employees for installing lighting at the mural located at the Chamber of
Commerce.
Keil thanked Wolfgang Kurtz for his assistance with the recording system in council
chambers, as well as all the volunteers who helped with the Breath of Life Run, and sent her best
wishes to Dan and Valerie McDonald.
Shafer requested that there be a Japanese doll display up at the museum in time for the
delegation visiting from Obihiro, Japan. She said she received a citizen inquiry asking why burn
permits were not issued while cruise ships were in town; Hunt said they were not issued due to the
smoke being an unattractive nuisance to visitors.
Valdatta encouraged all new lighting projects to be solar or Light-Emitting Diode (LED).
Casagranda said school would start next Tuesday,August 20,2013 and wished the students
a good school year.
Terry thanked the harbor employees for saving the sinking boat, and the electric crew who
volunteered to install lighting on the mural at the Chamber of Commerce.
Seaward thanked everyone for attending tonight.
CITIZEN COMMENTS
Dave Squires said regarding sprinkler requirements, the water requirement for new
residential construction was analyzed during the plan review stage,and it would be at that time that
the builder would be informed if they required additional water supply, based on the size of the
building. He added that the tax rate for someone living inside the city limits was actually lower than
for someone living outside the city. He also encouraged council to consider the idea of forgiving
permit fees if they were going to install a sprinkler system.
Tim McDonald said he was disappointed that council didn't ask what the replacement cost
would be for the transformers,rather than just refurbishing and painting them,and he was concerned
because the transformers were 60 years old. He thanked Willard Dunham for his involvement with
Alaska Railbelt Cooperative Transmission&Electric Company(ARCTEC).He was also concerned
that a heating system for the electric warehouse would potentially have to be retrofitted.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Hunt announced he would recuse himself from any further discussions about sprinkler
systems because he intended to build a new home, and council's imminent decision on sprinklers
would have a substantial financial impact on him.
L.
Council suspended the rules to allow Foutz to respond.
City of Seward, Alaska City Council Minutes
August 12, 2013 Volume 39, Page 184
Foutz estimated that transformer replacement would be between$1,000,000-$2,000,000.In
response to Keil, Foutz said the transformers were in good repair.
ADJOURNMENT
The meeting was adjourned at 9:37 p.m.
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