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HomeMy WebLinkAbout10132014 City Council Minutes City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 414 CALL TO ORDER Imam The October 13,2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Christy Terry David Squires Iris Darling Dale Butts comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Will Earnhart, City Attorney Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald spoke on the resolution opposing Ballot Measure 2. He researched and found it to be a very important commercial product in this country. The initiative was about recreational marijuana, the more important issue was the commercial production such as hemp, which was outlawed for many years. Hemp was considered a super food. The only thing that was contested by society was the flour of the hemp plant, which was a small portion of the potential of hemp. It was prevalent in American history and society. Many studies showed hemp and pot to be considered as a miracle drug. Rhonda Hubbard was the area coordinator for the "Vote No on 2" campaign and thanked Council Member Terry for putting this issue before council tonight. She did not mean to demonize anyone who intended to use cannabis; but she did not support the marketing efforts that supported this measure. If council truly cared about Alaska,they should pass the resolution to encourage a no vote on the measure. This initiative was way too soon and too much to consider. Hubbard felt that passage of this measure would not decrease alcohol use, but that it would add to it. .. Brad Snowden stated he had lived in Seward for 51 years and believed the war on drugs was not working. In his opinion, Snowden felt marijuana should not be kept illegal one more day. This City of Seward,Alaska City Council Minutes October 13, 2014 Volume 39, Page 415 failed 80 year policy on marijuana should not continue.He was voting yes on Ballot Measure 2.This problem needed to be fixed and dealt with. Lynda Paquette congratulated the newly elected council members. It was great to see the continuity on council. The citizens of Lowell Point remained interested in any updates available regarding the sewage lagoon issue including testing results and the permitting processes required. Back to the election, it was about a ten percent voter turnout of city residents. The conversation of getting more excited about Seward and getting more involved should continue. She wondered if those outside could have an advisory vote that could be considered to encourage more turnout. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the August 11,2014 and August 25,2014 Regular City Council Meeting Minutes and the August 25, 2014 Special City Council Meeting Minutes. Certification of the October 7, 2014 City of Seward Election. Election Day results, after canvassing were as follows: Three City Council Seats Available (Two-Year Terms) Election Day Votes After Canvass Votes Total Votes Rissie Casagranda 203 40 243 Dale Butts 216 34 250 Marianna Keil 179 37 216 John French 117 19 136 Write-Ins 8 6 14 One City Council Seat Available (One-Year Term) Election Day Votes After Canvass Votes Total Votes Iris Darling 231 43 274 Write-Ins 13 4 17 Summary A total of 298 people voted at this election. There were 52 absentee in person and by-mail ballots. There were 1 special needs ballots. There were 1 questioned ballots. Therefore, 352 voters turned out. City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 416 Appoint Margaret Anderson to the Planning and Zoning Commission with a term expiring February 2015. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Pat Williams Memoriam Proclamation. Borough Assembly Report, Sue McClure stated the assembly's last meeting was September 16, 2014 and they were meeting tomorrow as well. It was a light agenda, but the main item was certifying the election. The official results were in and Mayor Navarre was re-elected borough mayor. McClure's seat was not up for election this year. Blaine Gilman, Stan Welles, and Kelly Cooper joined the assembly this year. Many voters were interested in the two animal control propositions. The final result was a marginal no vote to have animal control in outlying areas of the borough,and a large no vote to fund it with a.02 mill increase. These were advisory votes only,so it would be interesting to see if it came back to the assembly for further consideration. Another advisory proposition on the ballot was for the borough to go to a by-mail election system.That failed by 63%. City Manager's Report.Assistant City Manager Ron Long stated the following purchase orders between $10,000 and $50,000 were approved by the City Manager since the last council meeting: $11,495.25 to Bering Marine Corp. for salt to mix with street sand; $15,235 to Tire i,.. Distribution Systems for four loader tires, including delivery to Seward and installation; and, $45,784.59 to Material Flow for shelving for the new electric warehouse. In Public Works,the odors had been remedied for now at the Lowell Point Sewage Lagoon. Calcium nitrate was being continuously added to two lift stations. Dissolved oxygen levels had increased dramatically the last three weeks and staff was currently operating eight aeration units 24 hours a day, 7 days a week. McKinley Fence was installing fencing at the Lowell Point Lagoon, in preparation for Sludge Removal Project. In the Harbor,effective January 1,2015 the reserved moorage customers would be required to renew every six months rather than for an entire year,a change necessitated by requirements of the Internal Revenue Service(IRS)for tax-free bonds.The harbor staff and finance director reviewed the new procedures at the October 1, 2014 Port and Commerce Advisory Board meeting. Customers were being informed by newsletter and by individual correspondence. Changes would also be required in the 2015 tariff. The 2015 land appraisal process was officially underway. A request for proposals was issued October 3,2014 and the response deadline was November 7,2014.The scoring criteria were announced as follows: • Depth of market experience 20 points • Past performance 10 points • Availability 20 points • Understanding of the work 20 points �"" • Cost 30 points City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 417 Long noted a spreadsheet laydown before the council of the warehouse project costs. The state airport improvement project initiated a stakeholder working group, and the City Manager appointed Long and Council Member Terry to serve on the task force. In response to questions regarding the Lowell Point Sewage Lagoon and the contract to dredge it,Long said the contractor was responsible for applying for all permits,but he would check on the status of the permitting. Casagranda requested a report on samples taken by the contractor in September. Terry received clarification that the updates on the reserved moorage would not change the fee structure in place. Terry requested all of council receive advance notice when legislators and other honored guests would be coming to Seward. She read in the media that Senator Murkowski visited Seward and met with Council Members,but she had no knowledge of this.Terry emphasized it would be good to know ahead of time. Long said he'd work with the City Clerk's Office to make sure that happened. Terry said the figures didn't always match up for the warehouse costing spreadsheets council received and they were not dated. She requested a construction spreadsheet,and the cost spreadsheets to be more concrete. Casagranda confirmed with Long that in administration's communications with the Alaska Industrial Development and Export Authority (AIEDA) included discussions of the SMIC land management plan,the public hearing process and the schedule for approval. Casagranda said it was important for her to know what was in the pond in the Lowell Point Sewage Lagoon before council approved the next budget. She didn't want to approve any kind of budget unaware of what they were mai dealing with. City Attorney's Report.Will Earnhart stated they had worked on a number of day-to-day matters with the City Clerk's Office,Administration,and Human Resources.The attorney advised on matters including lease assignments,land issues with state and the Alaska Railroad,and outstanding easement issues. Attorney Eric Wohlforth had been working on a number of bond issues. Other Reports, Announcements and Presentations Presentation by Ryan Johnson, Obihiro student exchange participant. Presentation by Tom Tougas Re: Vote No on 2. (Terry) PUBLIC HEARINGS -None UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 2014-076,Authorizing The City Manager To Enter Into A Consent To Assignment To Seward Lodging III,LLC To The Lease Agreement 04-017 With Charles S.Bald,For 8,357 Square Feet,Lot 6,Block 1,Marina Subdivision,Kenai Peninsula Borough Plat S-51,Seward Recording District,Third Judicial District,State Of Alaska. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting following a public hearing. The original motion was City of Seward,Alaska City Council Minutes October 13, 2014 Volume 39, Page 418 made by Terry and seconded by Casagranda.) Darling noted at the last meeting she declared conflict of interest on this resolution and left the dais. Long stated council recently held a work session to try and resolve the issue at hand in providing back access to adjoining properties. Staff did not have an immediate solution, but had a proposed"down the road"solution to present. They would like to put language in the resolution and agreement to prevent this access dilemma from happening in the future. Motion to Amend (Terry/Casagranda) Amend Resolution 2014-076 by making the following changes: 1. Under the title of the lease assignment, add the language"WITH AMENDMENT", 2. In the lease assignment, add a new section F under the Recitals which reads: "F. An additional section 5.4 will be added to the lease to read: "5.4 Setback as Access Easement: At the termination or assignment of this LEASE, for whatever reason, the ten foot(10') setback along the eight hundred and seventy foot (870') western boundary shall become an Access L• Easement,and any rights of access granted to any subsequent LESSEE(S)by the CITY need not be exclusive to the LESSEE(S)." 3. To the original lease, add the following new section: "F. An additional section 5.4 will be added to the lease to read: "5.4 Setback as Access Easement: At the termination or assignment of this LEASE, for whatever reason, the ten foot (10') setback along the eight hundred and seventy foot(870')western boundary shall become an Access Easement,and any rights of access granted to any subsequent LESSEE(S) by the CITY need not be exclusive to the LESSEE(S)." 4. To the resolution, add a new section 3: "Section 3.An additional section 5.4 will be added to the lease to read: `5.4 Setback as Access Easement: At the termination or assignment of this LEASE, for whatever reason, the ten foot(10') setback along the vwmm eight hundred and seventy foot (870') western boundary shall become an Access Easement,and any rights of access granted City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 419 to any subsequent LESSEE(S)by the CITY need not be exclusive to the LESSEE(S)."' 1 Squires felt this was at least a compromise and Terry stated she hoped this fixed the future leases for this property. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Darling resumed her seat on the dais. Resolution 2014-078, Authorizing The Purchase Of A Replacement Vehicle For The Public Works Department,Unit#131,In An Amount Not-To-Exceed$31,865 Utilizing The State Of Alaska Department Of Transportation Contract#1900-14-2. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting. The original motion was made by Keil and seconded by Casagranda.) Motion (Squires/Terry) Approve the substitute version of Resolution 2014-078. Motion Passed Unanimous Replacement Vehicle For The Public Resolution 2014-079, Authorizing The Purchase Of A Re p Works Department,Unit#120,In An Amount Not-To-Exceed$29,557 Utilizing The State Of Alaska Department Of Transportation Contract#1900-14-2. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting. The original motion was made by Keil and seconded by Casagranda.) Motion (Terry/Keil) Approve the substitute version of Resolution 2014-079. Motion Passed Unanimous NEW BUSINESS Resolution 2014-081, Authorizing The City Manager To Accept Grant Funds From The Alaska Division Of Homeland Security And Emergency Management In The Amount Of $65,461.90 For Purchase Of Vehicle Extrication Equipment And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2014-081. In response to Squires, Fire Chief Eddie Athey stated this grant would not include the maintenance of the vehicle extrication equipment, but only the auditing and tracking of the equipment.Athey said the Seward Volunteer Ambulance Corps(SVAC)was another example of this situation: the city purchased radios for SVAC,and the city was required to audit and take inventory of the equipment. City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 420 Squires asked if this equipment would replace the current equipment, Athey stated it was replacing damaged pieces of equipment;specifically the spreader unit was being replaced.Over time of the capital process,the city would replace 30 year old equipment as funds were available. Athey stated the state allowed them to sole source this purchase and Squires requested that be in writing. Motion Passed Unanimous Resolution 2014-082, Authorizing Expenditures In An Amount Not To Exceed $20,000 To Relocate Seward's State Of Alaska,Department Of Motor Vehicle Office And Renovate Office Space,And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2014-082 Long stated Community Development was recently moved from the upstairs of City Hall to the old library building, which was now called the City Hall Annex Building. The Department of Motor Vehicles (DMV) was having space issues as well as the administrative offices. Moving the DMV to the upstairs of City Hall would help alleviate the space issues for its customers. Keil asked if the upstairs was ADA accessible. Long noted there was elevator access to the second floor. Terry wondered about the question of employee safety with the DMV,Long stated the office was no longer open on Saturdays so there would not be the opportunity to be alone in the building. There was also a safety door for employees to administrative offices. In response to Butts, Long clarified this $20,000 appropriation was to move the DMV and renovate administrative offices. Long did not think much was needed to be done on the first floor, and this would be mostly DMV moving expenses. It would not fix the carpet. Bardarson said it would be nice to replace the carpet before the move. Squires asked if there would be security cameras upstairs, Police Chief Tom Clemons confirmed there would be, in addition to a panic button. Motion Passed Unanimous Resolution 2014-083, Approving The Seward Community Health Center 2015 Budget In Accordance With Section 330 Of The Public Health Service Act,And As Required By The Co- Applicant Agreement Between The City Of Seward And The Seward Community Health Center. Motion (Keil/Terry) Approve Resolution 2014-083 Bardarson noted for the record she was on the Community Health Center Board,but did not receive compensation nor did she vote on this budget as a board member. Long stated this was part of the requirements of the budget and the agreement with the Community Health Center(CHC). One goal of the CHC was to establish a budget committee.Long City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 421 stated some of the costs listed in the council's packet. Long surmised that administration did not want to be making material changes,and hoped council would allow Patrick Linton,Director of the Seward Community Health Center, to speak if there were any questions. owe By unanimous consent, council suspended the rules to allow Patrick Linton to speak. Casagranda asked if the amount the city was allocating was going to occur each year. Long said it would always be presented to council for approval. Terry was wondering about current staff impacts of original city employees who were assisting with the CHC.Long said city employees were being used less and less,and currently it was mostly IT services. Squires understood they were thinking of constructing temporary office spaces,but he didn't see that budgeted. Seward Community Health Center Director Patrick Linton said the plan was to construct such offices, but it was not part of this budget. Rather,the funds were coming from an allocation directly from the city and would be considered a city asset. Squires was concerned with the planned location of the office spaces. Bardarson clarified that was not tied to this budget resolution. Casagranda thought it should be part of the budget. Keil stated the 2014 funds had already been allocated, so it would not appear in this 2015 budget. She had been impressed with the due diligence shown by the CHC. Keil sat on the coordinating committee who recently met. There were some important elements to this budget such as increasing staff. The center had done a tremendous job getting up and running in such little time and supported the budget as submitted. Motion Passed Unanimous Resolution 2014-084, Authorizing Payment In The Amount Of $469,615.22 In Accordance With The Project Cooperation Agreement Between The City Of Seward And The U.S.Army Corps Of Engineers, Representing The Remainder Of The Initial 10% City Cost Share On The Breakwater Construction Project,And Appropriating Funds. Motion (Keil/Terry) Approve Resolution 2014-084 Long noted the funds for this would be coming from Commercial Passenger Vessel Excise Tax (CPV) proceeds from the state and noted this was not the same as the passenger fee implemented by the city. Long explained this payment was the past due match for Phase I of the Harbor Breakwater Project which was completed in 2005.The city knew this responsibility was coming from a notice in 2003, but the amount was only recently determined. The city had attempted to through seven different council resolutions,as well as lobbying the state and federal legislature to obtain assistance in paying this match, but was unsuccessful.Not paying this match could jeopardize future funding with the federal government.Administration was asking to take care of this required debt using CPV funds. City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 422 Motion to Amend (Casagranda/Keil) Amend Resolution 2014-084 by making the following changes: 1. In the fourth whereas of the resolution, remove the following language: ",with the remaining $1,201,196 eligible for loan financing over thirty(30)years at an initial variable interest rate of 3.875%,which will come before the City Council by separate resolution" 2. In the Intent section of the agenda statement, remove the following language: ", Phase II construction of the harbor breakwater extenstion to correct a design deficiency, and dredging in the Small Boat Harbor." and replace with: "of Phase II." 3. In section 2 of the resolution, add "(CPV)" after "commercial passenger vessel tax". Motion to Amend Passed Unanimous Main Motion Passed Unanimous h.. Resolution 2014-085, Opposing The Passage Of The Initiative Recreational Marijuana In Alaska And Urging Voters To Defeat Ballot Measure 2. (Sponsored by Council Member Terry) Motion (Terry/Casagranda) Approve Resolution 2014-085 Terry would like to see Seward join the number of communities and entities currently opposing Ballot Measure 2. Her concern was not about medical marijuana use, it was about how edibles would be marketed to the youth. There was an inability to test and regulate usage of marijuana. Butts appreciated the presentation tonight and the comments that were made. He urged the council to make an informed decision and with this resolution they had a very one-sided argument presented tonight. Council had not been given arguments in favor of this measure other than a couple citizen comments. For him personally, he disagreed with the initiative. He was for this resolution because as the initiative was written, it was not what Alaska needed. Butts emphasized council should really research the pro and con statements of the initiative before making any decisions. Casagranda agreed with Butts, but it was hard for her to support the resolution because she had not had the time to look into this herself. She was not ready to cast her vote at the polls yet and she was not ready to support or oppose the resolution before the council. Darling thought initially the city shouldn't get involved in a ballot measure. But she appreciated the presentations tonight and was willing to support it. City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 423 Motion to Postpone (Keil/Casagranda) Postpone Resolution 2014-085 to the October 27, 2014 council meeting. wadi Terry argued against postponement. She had her information in on time for the packet.If they waited, they would not be able to reach many of the absentee voters. Butts supported a postponement to allow everyone to have a chance to read this issue. Motion to Postpone Failed Yes: Keil, Butts, Casagranda No: Darling, Terry, Squires, Bardarson Keil said she was going to vote no because she felt the council shouldn't take a position on a ballot measure. She felt the voters should be able to make their own decision. Squires supported this resolution. He felt the impacts on the workforce would be one of the biggest problems and predicted it would be an issue for the City of Seward, especially with public safety officers, as well as this could impact the health and welfare of the community. Darling wasn't sure supporting or not supporting this would have any effect on those who used marijuana. The edibles and candy were what concerned her. She would support this. Butts said he supported this completely after doing his research. He felt this wasn't what Alaskans had in mind. Motion Passed Yes: Butts, Squires, Terry, Darling, Bardarson No: Keil, Casagranda Other New Business Items -None INFORMATIONAL ITEMS AND REPORTS Providence Seward Medical Center Financial Report for August 2014. COUNCIL COMMENTS Keil congratulated Bardarson on becoming a grandmother. She congratulated Resurrection Bay Historical Society on holding a successful conference. It was a lot of hard work and requested the city give some recognition for this. Terry congratulated the winners of the municipal election. Butts thanked everyone for their comments and appreciated people coming to the meeting tonight. He congratulated City of Seward employee Janice Melvin for receiving the coveted Del Moffit Award at the State Firefighters Conference.He congratulated and thanked Margaret Anderson on her appointment to the Planning and Zoning Commission. City of Seward,Alaska City Council Minutes October 13, 2014 Volume 39, Page 424 Casagranda thanked Anderson for serving. She thanked Terry, Tougas, and Hubbard for coming forward and educating her on an issue she was not apprised of. She appreciated a big picture t,.• being presented tonight. Squires congratulated the newly elected members. He thanked Anderson for re-joining the Planning and Zoning Commission. Squires thanked those who called him over the weekend on the lease reassignment in the harbor and appreciated their comments. He also thanked those who came tonight and spoke on issues. Squires asked Paquette if she could help increase voter turnout,he was all ears. He stated he would not be present for the October 27, 2014 meeting. Darling congratulated Mayor Bardarson on her grandbaby. She congratulated Tom Swann, Gary Seese, and Margaret Anderson for stepping forward to serve on the Planning and Zoning Commission. She reminded the audience on October 20,2014 there would be a celebration of life for the late Pat Williams on what would have been her 105th birthday. Darling said Williams would appreciate knowing the community celebrated her life. She was a very special person and Darling noted anyone wanting to make a donation should go to the animal hospital, earmarked for a"kitty room." Long was happy to have a full Planning and Zoning Commission, and hoped to break the cycle of a full board resulting in a resignation. Casagranda recognized the turnout at the Seward Music and Arts Festival this year. It was an amazing event and the core group of people who managed the event should be commended. two Bardarson thanked those who stepped up to the Planning and Zoning Commission.It was an essential purpose. She congratulated Mike and Sue Banas on winning the Sponsors of the Year Award given by the Parks and Recreation Department. Regarding the Seward-hosted Alaska Historical Society / Museums Alaska Joint Annual Conference, the President of the Alaska Historical Society said to her that it went very and Seward had raised the bar for hosting the conference. CITIZEN COMMENTS Tim McDonald said he read the recreational marijuana initiative,and it provided the option for any municipality of borough to make marijuana illegal or not allow it.The statement made earlier in the meeting during the presentation that Seward would not have any control over marijuana usage was untrue. McDonald ran the numbers on the sewage lagoon and the contract for it. He understood $2 million was just for dredging sludge at the bottom of the lagoon. The issue at hand was maintenance of staff. He didn't think the contract should have been considered an emergency contract. The dredging contract was a complete disservice to the public and it should be investigated. Rhonda Hubbard congratulated the new council members and she would pass along the kind words of thanks to her mother Margaret Anderson. Hubbard felt instead of annexing they should look at community inclusion to encompass their brain pool and fill vacancies. She noted her trim boat was being worked on at Vigor and felt the city would be pleased with its new neighbor. They were really professional. Hubbard thanked the council for their response on Resolution 2014-085. City of Seward, Alaska City Council Minutes October 13, 2014 Volume 39, Page 425 COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil said the sewage lagoon contract was not done under an emergency resolution,and that it was vetted through the competitive procurement process outlined in the City Code. She said it was important to state facts and it caused confusion when facts were incorrect. Bardarson added there was a work session held on the dredging contract prior to coming to council, and then they voted at a regular meeting to approve it. Squires said he was present when council voted on the contract.The contractor attended that meeting and answered questions he had concerning the dredge. ADJOURNMENT The meeting was adjourned at 9:24 p.m. „ , 11112__,e.AL _44.1 Jo anna Kin�, MC -an Bardarson ty Clerk Mayor (City Seal) CIF SElie`#.4 • SEAL i "'• • ;< /d Mi' ti•.,F OF A��`�.•' rrr