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HomeMy WebLinkAbout11212016 City Council Minutes City of Seward, Alaska City Council Minutes November 21, 2016 Volume 40, Page 142 CALL TO ORDER The November 21, 2016 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 Deborah Altermatt Sue McClure Dave Squires Erik Slater 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 Orson Smith, the city's representative on the Prince William Sound Regional Citizens Advisory Council (PWSRCAC), gave a brief update on the council. He noted the PWSRCAC was founded in 1989 and mandated by the Oil Pollution Act of 1990.They had a new Executive Director, Donna Schantz and Smith felt that she was doing a great job. The proposed changes by the State of Alaska to the Alaska Unified Plan had been withdrawn; the city had expressed opposition to this proposal earlier in the year. Kelley Lane asked about the campgrounds in town and the occupancy of the city campground. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Slater stated he owned a restaurant in town and maintained permits to sell beer and wine with the Alcoholic Beverage Control(ABC)Board and asked for a ruling on a potential conflict of City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 143 interest in the approval of the liquor licenses on the consent agenda tonight. Bardarson ruled no conflict existed and there was no objection from council. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-074, Supporting The Seward Area Public Transit Human Services Community Coordination Plan To Be Submitted To The State Of Alaska Department Of Transportation And Public Facilities. Resolution 2016-077,In Support Of Proposed Changes To Alaska Statutes Chapter 30.30 And 05.25 Improving The Management And Prevention Of Derelict Vessels. Resolution 2016-078,Accepting Funds From The Alaska State Library For The Public Library Assistance Grant In The Amount Of$6,900.00 And Appropriating Funds. Approval of the September 26, 2016 and October 10, 2016 City Council Regular Meeting Minutes, and the October 24, 2016 City Council Special Meeting Minutes. Schedule a work session with BDO (city auditors)to review the 2015 Comprehensive Annual Financial Report (CAFR) for December 12, 2016 at 6:00 p.m. Approval of the liquor license transfers of beverage dispensary liquor license #822 for Christo's Palace and package store liquor license#3909 for AK,Inc d/b/a Seward Marketplace (formerly Three Bears Alaska, Inc.). SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognition of 2016 State Firefighter Award Recipients: Firefighter of the Year Austin Chapman Del Moffitt Award Recipient Jilian Chapman Ken Ackerly Fire Service Leadership Award Recipient Eddie Athey Recognition of Dale Butts for his service on the Seward City Council. Chamber of Commerce Report. Cindy Clock stated Robert Parsons joined Seward representatives at the Pacific Marine Expo this year. Parsons traveled to Seward to teach Ice Navigation at the AVTEC Maritime Academy. Clock passed out community award nominations to the council. The Chamber's website, seward.com, was up and totally mobile compatible and responsive.The Chamber's Rise and Shine! Seward Business Network meetings continued,with the next occurring December 1,2016.This group was also promoting the"Light Up Winter!"campaign. She reminded residents to shop local on Black Friday and Small Business Saturday.There would be two Chambers Luncheons in December: December 2, 2016 with Patty Linville of the Seward City of Seward,Alaska City Council Minutes November 21,2016 Volume 40, Page 144 Community Foundation and December 9, 2016 with representatives from Joint Base Elmendorf- Richardson (JBER) on the Northern Edge training exercise occurring in 2017. The annual tree lighting ceremony would be December 1,2016,and the Holiday Arts and Craft Bazaar on December 2-3,2016.The Chamber offices would be closing between the Christmas and New Year's holidays. City Manager Report.Jim Hunt reported the following purchase orders between$10,000 and $50,000 were approved by the City Manager since the last council meeting: • Fire - $32,025.00 to Storm Chasers for maintenance and repair work for the fire boat • Roads and Streets- $37,291.28 to Construction Machinery for repair to the Volvo road grader differential • Public Works- $13,870.80 to Univar for salt and calcium chloride • Buildings - $20,681.00 to Otis Elevator to replace a traveling elevator cable Hunt announced that the carpet renovation project came in under budget and the city did not have to touch the contingency funds for the project. In response to Altermatt, Fire Chief Eddie Athey stated the city had owned the fire boat since 2005 and had performed deferred maintenance on it in the past,but it was to the point where they could no longer defer. Part of the money appropriated would install an in-cabin heater. Athey stated the outboard engines had 500 hour servicing performed on them and they were fine.The pump motor was what was being fixed. In response to Casagranda,Hunt stated the Air Force Recreation Camp had taken over two years in terminating their lease with the city,and it was still not yet terminated.The Air Force needed to clean up the leased land prior to giving it back to the city. He anticipated the property to be cleaned next spring at the latest.Hunt noted the city had record camping attendance this last year and didn't think the closure of the camp hurt the city.As far as what would happen to that land,it would need to be determined in a public fashion. In response to Casagranda,Hunt stated at this time,the Friends of the Jesse Lee Home had a valid contract with the city and time to meet the criteria of that contract. McClure requested an update from city staff on the two day meetings hosted by the US Army Corps of Engineers regarding the Lowell Canyon Tunnel in October. She formally requested some kind of report. Hunt didn't have anything from the meeting, as it was the Corps' meeting. In response to Keil, Electric Utility Manager John Foutz stated the department's current priority was on construction orders until the ground froze, in addition to an outage needing repair. They planned to hang holiday lights the week after Thanksgiving. In response to McClure, Foutz stated the department would be focusing on street light repairs after the construction season ended. He said to please call the utility counter if anyone in the public observed a light out. Bardarson commented that she had spoken with Harmon Construction,who completed the City Hall carpet renovation project,and she was told one of the reasons it was under budget was the city's decision to use some linoleum in place of carpet and also because the employees did a lot of City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 145 the packing and moving of items. She thanked Executive Liaison Jackie Wilde for doing a great job as Project Manager. City Attorney Report. Will Earnhart reported on the Orion litigation: costs and fees of almost$19,000 had been awarded to the city and the city had prevailed against Orion's Motion for Reconsideration. Orion appealed the Judgment and was unwilling to discuss settlement. Earnhart stated the state's Open Meetings Act stated members of a governing body cannot be together in a group larger than three of the body, but that a meeting also had to occur in which they discussed matters on which they were empowered to act. He stated the downside to this caveat was that the laws were read in the eyes of openness and transparency. Other Reports, Announcements and Presentations Informational presentation about the Exercise Northern Edge biennial training exercise to be conducted in the Joint Pacific Alaska Range Complex,a vast region of land and airspace encompassing parts of the state and areas within the Gulf of Alaska in May, 2017. 2016 Seward Community Foundation Presentation by Advisory Board President Patty Linville. Seward High School Hybrid Program Presentation by Trevan Walker. (McClure) Alaska Municipal League Travel Report by Mayor Bardarson, Council Members Casagranda and Slater. PUBLIC HEARINGS Resolution 2016-072, Authorizing The City Manager To Enter Into A New Lease With Hamilton Construction,LLC For Lot 1,Block 3 Fourth Of July Creek Subdivision,Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording District,Third Judicial District, State Of Alaska. Motion (Keil/Casagranda) Approve Resolution 2016-072 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. Alterman commented that it was great to see Hamilton Construction coming to Seward and wanting to be part of our community. In response to Squires,Deputy Harbormaster Matt Chase stated the land use was intended for vessel and marine equipment storage. Chase said the lessee would be responsible for making improvements to the property as needed.They did not have sewer utilities at this time.Chase stated there were facilities for public use in that area. City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 146 Casagranda wanted to know what the Alaska Industrial Development and Export Authority (AIDEA)report of this area recommended. She thought it was prime land and didn't understand why the city would give this away for this type of use. Hunt felt this was an ideal match and noted the lessee intended to build on the property. Hamilton Construction had performed millions of dollars worth of construction in Seward, and in his mind they could not find a better business partner. Keil said Hamilton felt like a local company already and she supported this lease. Squires agreed with needing the plan for this area but also felt with the improvements intended for this property, it was in the public's best interest to move forward. Regarding the land west of the proposed site, Harbormaster Norm Regis stated there would be a lot available according to the proposed plans at the Seward Marine Industrial Center(SMIC)for development.It could be for nearly anything, including a store, a restaurant, etc. Motion Passed Yes: Slater, Squires, McClure, Altermatt, Keil, Bardarson No: Casagranda Resolution 2016-073,Rescinding And Replacing Resolution 84-104 Approved By The Seward City Council On August 31, 1984,And Authorizing The Transfer Of Parcel A-1 Spring Creek Correctional Facility,To The State Of Alaska Department Of Natural Resources,As The Site Of The Spring Creek Correctional Facility, Subject To A Reversionary Interest By The City Of Seward. Motion (KeiLlCasagranda) Approve Resolution 2016-073 Earnhart said when the borough was mapped out,they kept a parcel across the bay for the intent of building a prison. When the state built such a prison in the 1980s, the city managed the bonds for it and the borough transferred the land to the city. Eventually the bonds were paid off and through many channels and many negotiations,the city was ready to give this land back to the state with a reversionary interest that if the facility closed, the land would be given back to the city. 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. Squires asked how the easements going into the facility would be protected, as well as the fire lane required to the back of the housing buildings. Finance Director Kris Erchinger said the easements stopped at the fence line and any properties inside that line would be the responsibility of the state. She didn't recall the access agreements in terms of fire access.Hunt said they could pursue annual agreements for infrastructure and access,too. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS City of Sewarc4 Alaska City Council Minutes November 21, 2016 Volume 40, Page 147 Resolution 2016-075, Urging The Alaska Legislature And Governor To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2018 State Capital Budget. Motion (Keil/Casagranda) Approve Resolution 2016-075 Regis said in the past, harbors throughout the state had supported Seward in their grant efforts, and this was a reciprocal measure for Seward to support other communities in the state. Casagranda stated this resolution was presented at the Alaska Municipal League (AML) Conference last week and the organization amended it to take out mention of the 2018 budget and amount,so it became a broader statement.Hunt appreciated Casagranda mentioning this,but read the legislation being specific to the 2018 capital budget. Motion Passed Unanimous Resolution 2016-076,Support Of The Addition Of Port And Harbor Employees To The List Of Employees Covered By Alaska Statute 12.55.135. Motion (Keil/Squires) Approve Resolution 2016-076 Regis clarified that this proposed addition to state statutes did not affect PERS or retirement, but that it was a simple protection of harbor workers. Currently, if someone assaulted a harbor worker,they would get a sentence but not jail time.If this was approved,the offense would require mandatory jail time. Regis stated harbor personnel were uniformed workers and he wanted them to have more protection. Keil mentioned that currently a lot of sentencing laws were changing. Regis said this movement began last year before any new sentencing requirements went into effect.Hunt said it was meant to be a deterrent. Altermatt asked if any training would be required of the workers if this was approved.Regis said harbor workers were defined as first responders,not public safety officers.They were very much first responders in the harbor. He could look into additional training for his workers. Slater asked if this coverage was common throughout the state.Regis said this effort was to make this change statewide,and all harbormasters were bringing this forward to their councils.Some had voted for it, some had not. Casagranda said this was discussed at AML and a lot of people were not in support of it, mostly because the way charges were being reduced in this current day. In response to Keil, Regis said harbor office personnel would likely be included in this measure. She stated she supported employees,but wasn't sure she could support this. City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 148 Squires thought this was a good position to take.He agreed with Keil,but they didn't get into the prosecution on issues as a city. He would like to see more definitive protections for the city's responders. Motion Passed Yes: Squires, McClure, Slater, Bardarson No: Casagranda, Altermatt, Keil Resolution 2016-079,Authorizing The City Manager To Purchase A 2017 Ford Explorer Police Vehicle From Cal Worthington Ford For A Price Of$34,979 Utilizing The State Of Alaska's Competitive Procurement Process, And To Purchase Accessories And Equipment From Various Vendors For A Total Amount Not To Exceed$46,000.00,And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2016-079 Police Chief Tom Clemons said there had been an unfortunate incident happen recently involving an older patrol car. The damage caused was more than the vehicle was worth,so therefore it needed replacement. He stated a lot of the equipment from the old vehicle would be put into the new vehicle to save money. Keil asked to be informed when there were accidents on city vehicles. Hunt said he could provide that information in the future to council. Clemons said this particular vehicle was self- insured because it was so old,so the city's insurance company,AML/JIA,wasn't even aware of this accident. Motion Passed Unanimous Resolution 2016-080,Authorizing The Expenditure Of Not To Exceed$110,000 To Hamilton Construction Ltd For The Purpose Of Emergency Erosion Protection To City's Waterfront, And Appropriating Matching Funds In The Amount Of$60,000. Motion (Keil/Casagranda) Approve Resolution 2016-080 Hunt said the complete project cost for this erosion protection on the waterfront was $110,000. The city received$50,000 from the Kenai Peninsula Borough Seward Bear Creek Flood Service Area Board for this project. The city needed to appropriate $60,000 to complete their commitment. Hamilton Construction had already made the repairs and did a good job. Motion Passed Unanimous Resolution 2016-081,Authorizing A Sole Source Contract With Sturgeon Electric For A Joint Communications Project With TelAlaska Communications To Bore Under Snow River For An Amount Not To Exceed $89,951.40, And Appropriating Funds. IIMotion (Keil/Casagranda) Approve Resolution 2016-081 City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 149 Foutz said TelAlaska had a project along Snow River,unrelated to the city's bank erosion issue.Doing this under river work in conjunction with another utility was a benefit to the city,as this was a costly service. In response to Casagranda, Foutz said the work previously done by the city addressed the river bank and not the poles. The area Sturgeon Electric was working in was parallel to the work done earlier by the city. Squires asked if this would interfere with TelAlaska's equipment. Foutz said it would not; they would be boring a second line for the city. Motion Passed Unanimous Resolution 2016-082,Authorizing The City Manager To Enter Into A Sole Source Purchase Agreement With Alaska Pump & Supply, Inc. To Replace #1 Lift Station Pump, For An Amount Not To Exceed$32,918.00,And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2016-082 Public Works Director Doug Schoessler said they had replaced a few of these pumps already due to an aging system. Public Works had three lift pumps for each station, two in the station,one standing by on the shelf.It was about a three week endeavor to get a pump rebuilt.This current pump was rebuilt so many times the companies would not rebuild it anymore,so it was time to replace it. In response to Squires, Schoessler said the new pump would be built to slide right in,so no modifications to the lift station needed to be made. Hunt thought this could be put on the city's critical infrastructure needs list. Motion Passed Unanimous Other New Business Items Formal recommendation from the Seward Community Health Center Board of Directors regarding the reconsideration of the Co-Applicant Agreement. Council Suspended the Rules to allow Seward Community Health Center Director Pat Linton to speak.Linton said he was not a board member,but was speaking on their behalf.The board voted to recommend to council that the status of the health center employees as city employees continue per the co-applicant agreement for another three years, which would be to February, 2020. The original provision for the status of the employees expired in 2017. Linton noted the only thing the Seward Community Health Center(SCHC)employees were participating in as city employees was the health plan.The SCHC was responsible for things like benefits and payroll.The center continued to look for other health plans,but the city's plan was more attractive than anything they found and hoped to maintain it to draw in new employees. Linton stated the SCHC was paying for all premiums, not the city. City of Seward,Alaska City Council Minutes November 21, 2016 Volume 40, Page 150 In response to Squires,Linton stated the SCHC pays the same amount as the city does for the health plan for each employee. Linton also noted the co-applicant agreement continued on an ongoing basis as long as they were able to maintain the Federal 330 grant,which was given in three year increments. Earnhart confirmed SCHC employees were not in PERS. Hunt added the SCHC employee participation assisted the health plan pool, so it lowered the city's premiums. Casagranda appreciated the SCHC coming forward this far in advance with their recommendation. Council went back on the rules. INFORMATIONAL ITEMS AND REPORTS City of Seward Grant Awards for 2013-2015. COUNCIL COMMENTS McClure complimented the city's Public Works Director for his attentiveness to details to things requested.He was prompt.Things were getting grated and maintained very well since he came on. Squires stated regarding the lease approved tonight for Hamilton Construction,code required them to put in their own utilities and noted nowhere did this exempt the city from doing the same.He felt the city needed to start doing their part in installing utilities at SMIC and follow their own rules. Squires stated he would like a work session on this topic in the future. Keil wanted to show council and the public pictures of her brand new granddaughter but, unfortunately,her phone battery died. She wished everyone a Happy Thanksgiving. She was sad to see Pat Linton retire soon. Casagranda thanked the volunteers awarded tonight. They had a strong community of volunteers. She attended a garden community meeting and it was a large group of citizens motivated to create their own crops. She wished everyone a Happy Thanksgiving and noted she would be turning 41 that day. Altermatt welcomed Slater to the City Council. She had a great month away and spent some time on a cruise ship.As a passenger they would get off at every port,and those places were moored at the end of the dock, so there was always a bus there to take them in to town. Her point was this transportation was never free. They were charged for every single bus ride, and they paid it. Altermatt noted Seward had a great transportation system and should consider the opportunity to change things up to use the cruise ship money for their free transportation to other things. She said Happy Thanksgiving to all. City ofSewarca Alaska City Council Minutes November 21, 2016 Volume 40, Page 151 Slater thanked everyone who presented tonight. He gave his congratulations to the firefighters recognized this evening.He wished everyone a safe and Happy Thanksgiving,advised to always brine your turkey, and don't talk politics at the dinner table. Bardarson appreciated the opportunity to go to AML and network and attend their sessions. It was always good to find out what other communities were doing. She wished everyone a Happy Thanksgiving. CITIZEN COMMENTS —None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil added she went to the Fire Department Open House and showcased the items she won in their raffle. ADJOURNMENT The meeting was adjourned at 10:04 p.m. (h,41 J hanna ney. CMC ean Bardarson ity Clerk Mayor (City Seal) .•.�. OF SE ii;'.., SEAL 'J. - . A 4./ .51 .. OF AV". ••�0