HomeMy WebLinkAbout07242006 City Council Minutes
City of Seward, Alaska
July 24,2006
City Council Minutes
Volume 37, Page197
CALL TO ORDER
III...
The July 24,2006, regular meeting of the Seward City Council was called to order at 7:30
p.m. by Mayor Vanta Shafer.
Opening ceremony
Lieutenant Tiner led the pledge of allegiance to the flag.
Roll call
There were present:
Vanta Shafer presiding and
Willard Dunham
Bob Valdatta
Jean Bardarson
Dorene Lorenz
Steve Schafer
Robert Thomas
comprising a quorum of the Council; and
Clark Corbridge, City Manager
Jean Lewis, City Clerk
....
Absent - None
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
An ALPAR Appreciation Day proclamation was read and ALPARlCOFY workers
were introduced.
A proclamation was read and the 2006 exchange students from Obihiro, Japan were
introduced. Meghan O'Leary, Corbin Hohl, Brianna Hutchison and Travis Hoogland were the
student representatives for Seward; and Aido Iijima, Yukari Yamamoto, Aya Y okomori and Manami
Yoshihara were the student representatives for Obihiro Japan.
Borough Assembly Report. Borough Assembly Representative Ron Long stated the
Assembly met on the July 11, 2006. There was still a work in progress to change the senior
exemption up to the mandated level and adopt the requirements of the Alaska PFD to tighten up
some ofthe exemption problems. Non-residents buying a second home and not living here most of
the time was an issue. The Assembly would meet again on this issue August 1,2006.
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Long said there would be a work session tomorrow with the school district to discuss
litigation that private citizens had brought against the state. They were still trying to get Spruce
Creek Bridge repaired this construction season. Funding was identified and would be introduced
August 1, 2006 and hopefully passed on August 15, 2006. The Borough would need to move the
City afSeward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Pagel 98
city's utilities from the right-of-way and needed to coordinate a work order from the city with a
purchase order from the borough,
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City Manager's Report. City Manager Clark Corbridge stated Leirer Road and the
Seward Highway had many potholes and they would be smoothing those out soon. He reported the
city had received $9,091.00 from AMLlJIA as a reward for its performance in the safety area, and the
Kenai Peninsula Borough had received a designated legislative grant of $1.8 million for borough-
wide road upgrades.
Public Works. They had been busy with maintenance on the generator plant, getting Phoenix
Road ready to pave and doing ROW maintenance and brush cutting. The water and wastewater
division notified there would be short water service outages while lateral tie-ins were made and some
water discoloration would occur. A new water service had been installed at the Senior Center, and
elevator repairs were being finished. Corbridge wanted to clear up misinformation he had heard.
The state was 100% responsible for the maintenance ofthe Third Avenue sidewalks, and the city was
not paid to help with that.
Electric Department. The Governor called Tim Barnum to discuss the veto of the Railbelt
Energy Funds. They had met with IBEW officials last week and settled one grievance and set the
stage for settling others. Two grievances went to arbitration today. Corbridge stated Norcon
Construction would begin work on the transmission and distribution line relocation in conjunction
with the Mile 0-8 project on August 1,2006. He also reported the judge ruled in favor ofthe city on
the right-of-way (ROW) issue in Clearview Subdivision by finding sufficient evidence of a ROW by
prescription and issued a temporary restraining order requiring removal of the encroachment.
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Marv Lowell Center. The partners wanted to make it clear that the intent of the current site
selection was still to tie in the waterfront and the downtown business district. An ordinance for
marginal access streets was being considered tonight in an attempt to find a positive solution to a
complex community project.
Long Term Care Facilitv (LTCF). The LTCF management committee met with Architects
Alaska and right-of-way acquisition agents to acquire right of entry and other preliminary rights on
the north side of the new facility site. Access was needed to the facility and for the levee project.
Corbridge addressed the concerns he had heard about proposed cuts to Medicare, and it seemed
unlikely these cutbacks would affect the new facilities income since they were aimed at expensive
medical procedures.
Corbridge stated Artrain USA would be in Seward September 20-24, 2006. It traveled the
nation by rail as a fine arts museum. This would be their first Alaska stop in 30 years, and volunteers
and supporters were needed. Scott Simmons from the Division of Homeland Security and
Emergency Management was scheduled to visit Seward to explain the tsunami mapping process
sometime in late August or early September. Telalaska had found problems with the city's phone
system they were correcting. Corbridge also stated an individual was interviewed for the p lanning ~
department and one hired in police dispatch. He thanked staff who pulled together documents and ....
permits at the last minute, to make the culvert for the levee project coincide with DOT's road work.
City of Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Pagel99
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Corbridge answered many questions from council, including questions on land acquisition for
right-of-ways for the LTCF.
Planning and Zoning Commissions Report. Marianna Keil thought re-establishing a
community development department was a good idea and hoped it would be more efficient. The
replat for Washington Street was approved by the Planning and Zoning Commission, and a 50 foot
ROW was adopted.
Other Reports, Announcements and Presentations-None
Sexual Assault Response Team Report by Marianna Keil. Glacier Family Medical Center
could potentially conduct sexual assault exams for adults. At this point, children still have to be sent
out of town for exams. They hoped the city council would contribute $5,000 for a camera and
supplies needed to start the program.
Mile 0-8 update by DOT Project Engineer Allen Drake.
Council recessed at 8:41 p.m.
Council resumed at 8:46 p.m.
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING.
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Laura Cloward, Director ofthe Chamber of Commerce, reported visitor numbers were up.
The SeaLife Center had a record of over 2000 people through the door Saturday. They had been
receiving more conference support letters and phone calls, and thought this was good potential for
growth down the road.
Paul Carter, thought there was a quiet majority out in the public on Washington Street. This
project had more opportunity for public comment than any he had seen. Washington's Army was not
acknowledging that the site selection was designed to help revitalize the downtown area. He
counted 13 vacant buildings on 4th Avenue last year. Carter thought the city needed an economic
development boost and this visitor center was it. He said bringing in large conferences would direct
more traffic to 4th Avenue. He was aware council was taking a fair amount of abuse but reminded
them they were only hearing from a small group. Carter thought the overall project was more
important than partial vacation of the street.
Iris Darling, had over 300 people signed up for Washington's Army and most lived in
Seward. She announced having an excellent relationship with Corbridge and wanted the council to
work with him. Home and Garden TV would air Sunday at 7:00 p.m. with her store featured, and
said there was more to offer in Seward than the Mary Lowell Center and SeaLife Center.
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Dorene Valadez, spoke in favor ofthe Sexual Assault Response Team (SART), and asked
that council say yes to anything Marianna Keil asked for. She vocalized how traumatic it was for the
victim and would appreciate their support.
City of Seward. Alaska
July 24. 2006
City Council Minutes
Volume 37, Page200
Kerry Martin, spoke in opposition of introducing Ordinance 2006-06 for a number of
reasons. He stated this ordinance did not bring together the city and borough codes because the .....
borough's marginal access code addressed 3 or less lots, not 4 or less. He thought access meant the
access to the property, not what fronts a road and this ordinance did not meet the category as access.
Martin did not think it was smart to use procedures that bypassed the Planning & Zoning
Commission.
Margaret Anderson, spoke in favor of introducing ordinance 2006-06 for the purpose of
introduction, and dissecting it later.
Sharyl Seese, thanked the teens for cleaning up and recycling. She thought P&Z had
conducted a lot of work on access issues and thought the city should keep it 50 feet. She
remembered Darryl SchafeOlleyer speaking at that meeting. It seemed like the SeaLife Center and
the City of Seward were partners. Seese urged the council to grant the $5,000 to the sexual assault
response team.
Marilee Koszewski, read a letter from Carol Griswold on the record in opposition of
Ordinance 2006-06. The letter asked where supporting documents were that made it consistent with
plans, and why the Planning & Zoning Commission was bypassed. She urged council to vote it
down.
Tim McDonald, applauded Washington's AOllY for watching over the city and tendered his I
resignation from them. He wanted all to know he was now an aOllY of one. He alerted the city clerk ..J
that he was not personally consulted or made aware of the timing of the denial of the mayor recall
application and hoped she would not be prejudice of him when he filed another one.
Rick Blythe, spoke as a resident, and asked council not to forget the silent majority, and not
give in to those filing columns in the paper, demanding the mayor's head, being distracting and only
caring to win at all costs. He stated there was a quiet contingent in the community who have said
nothing, hoping this group would burn themselves out. He felt a vast majority wanted to see change
that invigorated the economy.
Ron Hewitt, stated last winter was the worse economic winter Seward had endured in a long
time. He supported the Mary Lowell Center and wanted to encourage the public to stay positive. He
thought the city would take a huge financial hit without it, and thought it would be a good
opportunity and impact on the downtown and harbor. He urged council to go forward.
Tylan Schrock, represented the Alaska SeaLife Center and stated when waterfront moneys
were moved to the SeaLife Center to administer them, the Mayor and Vice Mayor were assured the
SeaLife Center would work with the community on these projects. He was happy to report the board
met and agreed to put $100,000 towards the Adams Street pavilion, and had designated up to
$50,000 for Hoben Park. He also urged the council to not lose sight of the Mary Lowell Center.
Dale Hoogland, saw problems with the plan for the 10ng-teOll care facility. He wanted
Afognak Avenue extended down the section line to meet up with Dimond Blvd. The levee easement
also needed to continue along that path. He was disappointed with how the process worked and that
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City a/Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Pa?;e201
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he only had two minutes to explain. Hoogland thought there were only two work sessions on this
site selection and it would change the neighborhood forever. The last work session left very little
time for access and egress issues to be discussed.
Lynn Hohl, said Charter 3.6 stated any changes in the zoning code must go through the
Planning & Zoning Commission. She had went through all minutes and marginal access streets were
mentioned only once in them. She reported the borough code was for three lots, not four, and
thought this action would be subject to appeal if they didn't first vote to waive their own procedures.
Shar Anderson, was a member of Washington' s Army and wanted to open the town up not
close it. She stated she was part of the town and appreciated the hard work, and stressed everyone
was on the same team.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Thomas/Dunham)
Approval of Agenda and Consent Agenda
Motion passed
Unanimous
The clerk read the following approved consent agenda items:
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The June 26, 2006 regular city council meeting minutes were approved.
Resolution 2006-84. accepting the 2006 Volunteer Fire Assistance grant and authorizing the
ten percent matching funds form the volunteer budget 101-1221-5460.
Resolution 2006-85. accepting the 2006 Rural Fire Assistance grant and authorizing the
tern percent matching funds for the volunteer budget 101-1221-5460.
PUBLIC HEARINGS
Ordinance requiring a Public Hearing
Ordinance 2006-05. amending Seward city code, making the necessary changes to Title 2,
Administration, to create a Community Development Department. Notice ofthe 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.
Corbridge stated this was the second time this was before the council. This ordinance would
establish a department level of organization. He thought this would be a major increase for public
service and efficiency.
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Motion (LorenzlBardarson)
Enact Ordinance 2006-005
City of Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, PaRe202
Corbridge answered questions that finances were coming from one staff member that was out I
on military leave and a part-time position that was not filled, so that money was accumulating for ..J
over 1'2 a year.
Schafer begrudgingly would vote for this to see ifthe administration could make it work, but
he wanted to see pink slips if it did not work out.
Dunham thought performance would be key.
Motion passed and enacted
Yes:
Bardarson, Valdatta, Schafer,
Dunham, Lorenz, Mayor Shafer
Thomas
No:
Ordinance 2006-06. an ordinance of the city council of the City of Seward, Alaska, amending
Title 15, Planning and Land Use Regulations, and Title 16, Subdivisions, to define and allow
for marginal access streets under certain circumstances. (Laydown)
Corbridge stated there was a laydown version from what was in the packet. Administration's
goal was to find a solution to the unique challenges, obstacles and community sensitivity generated
by the Mary Lowell Center. They had worked with the partners to preserve ties with the waterfront
and the downtown business district. The end use ofthe remaining un-vacated portion of Washington
Street was directly related to the future intended for the use of the alley. Corbridge thought the ideal
solution would be to determine the use before the platting effort was fulfilled by the Borough. He ....J
proposed the possibility of an ordinance allowing for a 40 foot marginal access street for this portion
of the existing alley, to meet the needs of the project, and still allow necessary traffic to utilize the
alley. Corbridge suggested adopting the ordinance for special circumstances such as this project.
Motion (Dunham/Schafer)
Introduce Ordinance 2006-006
Lorenz wanted a cost benefit analysis completed to see how this would affect other areas of
the town.
Dunham was concerned that this didn't go through proper procedure and go before the
Planning and Zoning Commission first. It did not appear to be an emergency.
Bardarson concurred with Dunham and Lorenz.
Thomas didn't want the code changed for one problem and wasn't sure it was good for the
community as a whole. He did not like special legislation for one thing.
Schafer agreed and wanted more research on this.
Motion to Introduce Failed
Unanimous
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NEW BUSINESS
City of Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Page203
Resolutions
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Resolution 2006-83, Endorsing the Long Term Care Site Layout Concept as Attached Hereto.
Mayor Shafer turned the gavel to the Vice-Mayor and declared a possible conflict of interest
because she worked at Providence who would eventually be the managers of the Long Term
Care Facility.
Vice-Mayor ruled a conflict did not exist because there would be no financial gain from this
decision.
Corbridge pointed out this was the final concept site layout. They had mailed flyers to nearby
residents and received a lot of public input. Corbridge urged passage of this resolution.
Motion (Lorenz/Bardarson)
Approve Resolution 2006-83
Schafer requested Afognak Avenue continue below and along the dike to take advantage of
the easement that was already there. He disagreed the road could not be driven on.
Lorenz wanted this recommendation as an alternate route.
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Project Manager and Building Official Tom Shepard, stated most people did not have any
heartburn with the layout of the homes site and mentioned that access issues could be tweaked later.
He stated access was constantly shifting, but this resolution was to pass the layout concept only, and
reminded the project was already 4-5 months behind schedule, which had significant financial
reperCUSSIOns.
Motion Passed
Unanimous
Other New Business Items
A work session on planning and permitting would be put on the August 28, 2006 agenda to
schedule.
COUNCIL COMMENTS
Bardarson welcomed new assistant fire chief Eddie Athey and family to Seward, and also
welcomed the students from Obihiro, Japan. She thanked the SeaLife Center for donating to the
Hoben Park restoration.
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Schafer had a committee meeting with three presenters from Alaska Interstate Gas Co., Tidal
Energy, and Seward Co-Generation project. Emissions seemed to be the major concern asked. It
appeared gas turbines would be more what Seward needed. Schafer scheduled a field trip August 12,
2006 to Fairbanks. The Alternate Energy Committee would meet on Sunday, August 13,2006, and
he would report at the August 14,2006 city council meeting.
City of Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Paf;e204
Thomas was sad to hear ofthe passing of Bruce Sieminski and supported a resolution to pay J
$5,000 for SART.
Lorenz thanked the ASLC for their generous donations for the pavilion and Hoben Park.
She had spoken with downtown businesses that were having an awesome summer. She attended a
World Trade Center luncheon where the state suggested the economy was good and growth was
continuing. Lorenz was pleased that Christo's Palace embraced the competition that came to 4th
Avenue and was thankful for their positive outlook and attitude towards our economy.
Dunham also was sad ofthe terrific loss of Bruce Sieminski. He mentioned the Don Young
classic would be here this next week, and important people would be visiting in town. He wanted
more road crossings expanded in the boat harbor, and thanked the downtown business association for
their letter of support. Four amended MAG resolutions which he approved would go to the
Governor soon, and asked council to send him any comments or questions.
Valdatta was reading the Alaska Journal of Commerce and saw there was a new colonel for
the Corps of Engineers, and thought he should be invited to Seward for a tour ofthe various projects.
Mayor Shafer also supported $5,000 donated to SART.
CITIZENS' COMMENTS
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Tim McDonald, spoke of the last census stating Seward had a population of2800, but yet ....j
only 500 vote. He stated there were too many large corporations each proposing and pressuring the
city, which he thought was unethical for them to use undue influence. McDonald did not trust
government to have local interests at heart. He stated quality of life and the need to protect Seward's
natural beauty was number one. He thought members should resign ifthey could not represent the
people without objectivity. McDonald spoke of reform sweeping the U.S. and that it was unethical
that the citizens could not vote on the vacation of Washington Street.
Marianna Keil, thanked the council for the $5,000 donation to SART. She was unhappy
with the "performance evaluation set up for failure memo" that the city manager had widely
distributed. This was not good or positive for Seward, and she thought some changes needed to be
made by the city manager. She did not think there was any willingness to consider others point of
view. She was unhappy with how he handled the situation with the Alaska SeaLife Center and
thought this was clearly insubordination. Keil felt the staff were becoming the policy making body.
She thought the city manager was publicly challenging the council and starting an intimidation
campaign to force the council to back off from doing their job. Keil thought the council should re-
take the leadership and do what was right for the public.
Kerry Martin, was only interested in following procedures and the code. He thought if the
city was claiming Washington Street was an appropriation, then that meant they considered it city
property, then no preliminary plat of city owned land could go to the borough without being sent to I
the council first. Title 7 outlined procedures very specific in regard to disposal of pub lie property. ......
Martin was very supportive of the Mary Lowell Center, but did have concerns on how much the
conference center would actually cost the city in the long run.
City of Seward, Alaska
July 24. 2006
City Council Minutes
Volume 37. PaKe205
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Sharyl Seese, thanked everyone for the donation to SART. She had never said she didn't
want the Mary Lowell Center, just felt it was in the wrong place. Seese stated there were over 300
people who did not want the street vacated.
Rick Blythe, stated 340 people was only 6% of the population. He had seen positive
movement at the port in support of the cruise ships and was impressed. He commended Carl
Norman and expressed his satisfaction on how the longshoremen arbitration went. The
longshoremen were satisfied and would make every effort to make sure the customers and passengers
were taken care of Blythe thought the city would still need to convince Holland America, but was
cautiously optimistic about them.
Lynn Hohl, stated one ofthe concerns was the streets in Forest Acres were 40 feet wide with
the only 60 foot streets being Hemlock and Afognak. She wished P ACAB would publish their
agenda. They had important issues and hoped that would occur. Hohl took exception that one party
to any issue was more virtuous than another and reiterated the need to respect each other.
Margaret Anderson expressed her sympathy to the Sieminski family. She had sat with him
on the city council. She stated the City Manager was under a no fault contract, and council had the
right to evaluate him. Anderson saw the need for year round economy, and thought it was great to
see the town buzzing as it was last weekend.
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Jeff Mow, stated the Mary Lowell Center partners had worked hard to insure a positive
economic benefit to the existing with the downtown businesses. The schematic design presented by
Portico had several entrances presented, and this project was not designed to block out the 4th
Avenue businesses. This center would not compromise alley access. The intention was to reduce the
congestion issues oftoday. Mow stated the role ofthe Alaska SeaLife Center in the platting process
was to provide enough property to help with impacts, and there were no further conditions attached.
He stated this agency was still being designed with public opinions in mind. He urged the public to
continue working through the challenges and would further evaluate the impacts of a 50 foot right of
way.
Deborah Altermatt, was tired ofthe Mariner's Landing lease being the poster child for bad
leases. She thought Mariner's Landing was a straight forward lease with the city and did not feel
they were in conflict with the city when Mr. Corbridge was hired. The conflict came from citizen's
who did not like the project. Altermatt was not sure what was accomplished by doing away with the
lease. She felt the assertion he moved this project forward with belittled the people who helped.
Altermatt stated that in twelve years she had never felt so disenfranchised.
Ron Long, was handed a copy of the city manager produced "evaluation memo" and was
discouraged. He stressed making these comments was hard to do and wondered how everyone had
gotten to this corrosive place? He thought the marginal access ordinance was technically flawed and
was not happy with the way it was presented. Long was sad to see the character assault on Mayor
...... Shafer. He did not think elected officials should have to show proof as to who in the public were
bringing up certain concerns. He felt a requirement like that was disrespectful for the public who
chose to work with their government through their elected officials and not in the public view. Long
City of Seward, Alaska
July 24. 2006
City Council Minutes
Volume 37, Page206
explained that insisting on such a requirement would have a chilling effect for the public trying to
work with their government. ....J
Polly Egger, gave condolences to the Sieminski family, and also recognized the passing of
Jimmy C and E.T. Corbin this past week and offered condolences to them as well. She congratulated
SART for receiving their donation money and was glad the city manager was on the hot seat.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Thomas stated he would not resign. He was a reluctant candidate and would serve the
people who voted him in for another year.
Schafer applauded the decision to donate to SART and save victims the traumatic drive
elsewhere. He informed the public that the Mayor had been working on alternative solutions for the
vacation of Washington Street even though the people didn't know it. Schafer spoke of political
maturity and thought being ruled by mob took the process a step backwards. He stated everyone had
the right to speak and be heard, but people needed to respect one another and allow everyone to
speak.
Dunham wanted the city clerk to work on a memoriam for Bruce Sieminski and thanked Ms.
Egger for bringing up ET Corbin's passing. He was a respected teacher.
EXECUTIVE SESSIONS
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An executive session to discuss performance expectations of the city manager was scheduled.
City Manager Clark Corbridge requested the session be open to the public. The city council
had concerns that the public was bringing to them. Some of the concerns council members
raised were:
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Bardarson was again disappointed there were only 30 minutes left. She wished the city
manager would be more involved with the private businesses and noted it was a manager
responsibility to follow council direction and carry out policies. Bardarson suggested the
city's reasons could be better explained and questions answered at the next meeting.
Dunham had a long list of concerns. He thought the city was too slow on its lease process,
and the permitting process was too picky. He wanted the city manager to improve his
legislative relationships with political leaders. Dunham wanted misinformation to be halted
better and stated he thought the council would be amiss to not follow through on public
concerns. He thought the city's influence diminished when the administration did not appear
at functions. Dunham ended with concerns for city indebtedness and thought too many
opportunities were being lost
Schafer stated this was part of the process to work with the council. He thought direction
was given for the manager to attend the SAAMS meetings and for the city attorney to work
with the SAAMS lease. He was angry to find out a presentation was given to the SAAMS
Board and put on the city's website. Schafer wanted Corbridge to take direction from
council when given, or provide an explanation otherwise.
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City of Seward, Alaska
July 24, 2006
City Council Minutes
Volume 37, Pa?;e207
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· Mayor Shafer wanted Corbridge to refer to the chart of who took direction from whom and
thought the ordinance presented tonight was a good example of what the council did not
want.
· Corbridge requested a copy of Mayor Shafer and council member Dunham's notes if he
could.
· Lorenz was too upset to speak, but said she wanted a city manager to be an administrator not
a politician. She stated she had spoke with Paul Seaton and he expected the Mayor to be the
one called on policy issues. Lorenz thought it was the council's job to hustle politicians.
· Thomas thought it was utterly ridiculous that they were being accused of having the city
manager do something illegal. He stressed they did not want him to do anything ilJegal or
break the law. Thomas felt it was unfair to the council for Corbridge to make this evaluation
public and give the appearance of an ongoing public flogging.
ADJOURNMENT
The meeting was adjourned at 10:55 p.m.
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Vanta Shafer /
Mayor
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(City Seal)
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