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HomeMy WebLinkAbout11062006 City Council Minutes City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 270 CALL TO ORDER ..... The November 6, 2006, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson Linda Amberg Steve Schafer* Robert Thomas comprising a quorum of the Council; and ..... Clark Corbridge, City Manager Cheryl Brooking, City Attorney Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk *Councilmember Schafer arrived at 7:42 p.m. ABSENT - None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read for National Adoption Month. Dorene Lorenz received a plaque for excellent service on the Seward City Council. ..... Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met on October 10, 2006 and by resolution waived the solid waste collection fees for any debris for flood damage disposal. The Assembly adopted a 2003 Resurrection River Maintenance Plan, which required the Borough to put forth $20,000 a year and the city $10,000 a year to remain eligible for FEMA funding. They exempted a piece of their code to go approve the Elhard Assessment District. Long announced he was elected president ofthe Borough Assembly for another term. The Borough was putting together a list of capital priorities and Long would be lobbying for a long term flood mitigation plan. It would be on a large scale and would require the city being persuasive as well. City of Seward. Alaska November 6, 2006 City Council Minutes Volume 37, Page 27 J Long responded to questions from the council. J City Manager's Report. City Manager Clark Corbridge's report consisted of: Lon!! Term Care Facilitv: On October 23, 2006, the Kenai Peninsula Borough approved City's plat and the proposed vacation of rights-of-way. On October 26, 2006, the Alaska Department of Health and Social Services declared the city's application for a certificate of need complete. The public comment period was now open and would be received no later than November 26, 2006 at 4:30 p.m. and a public hearing would be held in the Seward Council Chambers on November 16, 2006. Flood Miti!!ation Plan: Corbridge re-iterated the importance and urgency for the city to begin flood mitigation measures immediately. The City Manager instructed staff to implement a preliminary action plan beginning with a planning meeting to be held next week. Harbor: The Department had winterized and closed their outside bathrooms until next spring. The floats were clear for snow removal; winter equipment had received pre-winter maintenance and was ready for operation. Water lines on floats had been winterized, storm debris had been removed, and staff would be coming forward with a request to refinance the 2000 harbor revenue bonds. Electric Department: Alcan finished up some projects for the city last week. The J Department would not be able to complete all of the requested service installations this fall due to .. work required to repair flood damage. Norcon was continuing work on the T-line reconstruction. The Regulatory Commission of Alaska (RCA) hearings for the city's power sales agreement was scheduled for November 30 - December 5, 2006. The city expected to get the judge's ruling in the capital credits complaint filed by MEA in the near future. Three grievances were scheduled for arbitration November 15 and 16, 2006. Rail Belt utility managers had been meeting to discuss possible methods for disbursement of the Rail Belt Energy Funds. Parks and Recreation: The Pumpkin Prowl brought out nearly 100 kids and parents. Fifth and sixth grade monthly dances had been bringing in about 40 kids per dance. The middle school masquerade dance-a-thon raised over $1,800.00 for the purchase of new computers. The Seward Archery League would begin November 10,2006. Thirteen staff members were certified by the Red Cross in Emergency Shelter Management on November 3, 2006. Marv Lowell Center: The plat action for the vacation of Washington Street was approved at the Borough Planning Commission meeting on October 23,2006. The Park Service asked that the Council members read a summary concerning the time line and Park Service process for the land swap proposal, prior to or during tonight's executive session on that topic. City Attorney Report. City Attorney Cheryl Brooking stated the attorney's worked with administration on land use matters, employment matters, contracts and resolutions. The attorney's j filed an answer on behalf ofthe city to the Resurrection Bay lawsuit that was filed by the Trustee's of Alaska. The case was currently in federal district court. Brooking stated she worked with the Kenai Peninsula Borough attorney's office on the Elhard Assessment District. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 272 'Ie -- Port & Commerce Advisory Report. Deborah Altermatt stated P ACAB met with quorums for their October and November meetings. The board had a budget presentation in September and in October some members voiced individual opinions on how to balance the budget. P ACAB passed a resolution regarding the Seward Marine Center Dock. The board continued to look into alternative energy options. She reminded the council of Ocean Renewable Energy as a possible source of alternative energy. Their next work session was November 15, 2006 and Altermatt expressed her happiness that the board was at a full quorum. Other Reports, Announcements and Presentations Keith Campbell gave a presentation on the Library/Museum Project. Keith Campbell stated the land for the Library/Museum had been acquired, and the Steering Committee was now focusing on work plans and financing plans. Fundraising was next on the agenda, and Campbell wanted the community to know that Seward would have to put some money up front to show the town's commitment to potential fundraising. The committee was looking at two completion dates: 2009, 50th anniversary ofthe state, or 2012, the 100th anniversary ofthe actual incorporation of the City of Seward. The committee hoped to have the new Library/Museum open by one of those two dates. Campbell hoped to have a work session at a later date to discuss this project further. .... A presentation by the Friends of the Jesse Lee Home was given. Barbara Donatelli of COO introduced the group compiling of the Friends ofthe Jesse Lee Home and announced the nature ofthe project. The Jesse Lee Home project was gaining momentum and Donatelli stated the group met with Senator Ted Stevens a few weeks ago about the home. Mary Elizabeth Ryder also spoke of the Friend's draft plan for the home. The Friends had applied for $3 million from the state to stabilize the facility and move forward with the process. Donatelli asked for support from the City of Seward and hoped it would remain as a numbered priority on their federal, state, and city priority lists. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tom Swann, stated he put together an informal petition, which consisted of signatures of people who supported the Jesse Lee Home and stated their intent to keep the home on the city's priority lists. There was a lot of support for this program, and Swann got a lot of positive input on the historic building. Iris Darling, had two issues to address tonight. The first was the legislative priorities and preserving the history ofthis town. She highly recommended keeping the Friends ofthe Jesse Lee Home on the legislative priority list. Darling asked the council to give thought to Paul Snowden's request to swap land, which could save Washington Street. Tim McDonald, said the council had a lot on its plate tonight. He felt the idea of the Jesse .... Lee Home was great, but was worried the process would get manipulated. McDonald would hate for it to get carried out incorrectly. He hoped the city would get their finances under control. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 273 Tanya Sandefur, was disturbed by facts issued from the railroad. Combining chemicals was; unsafe and too much of a risk, she thought. The herbicide the Railroad was hoping to spray would .." cover 500 miles of track, from Seward to Fairbanks. Sandefur reminded the council of the formaldehyde spill the Railroad had just north of Seward. Would the council/City of Seward be held liable if something happened in Seward? Paul Snowden, addressed the executive session this evening and offered his services before or during the executive session. APPROV AL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Amberg) Approval of Agenda and Consent Agenda Motion Passed Unanimous Resolution 2006-123 was pulled from the consent agenda and placed on the regular agenda. The clerk read the following approved consent agenda items: The Yukon Bar's application for the renewal of a liquor dispensary license was approved. Resolution 2006-125. accepting grant funds in the amount of$16,000 from the Kenai Peninsula Borough, authorizing the city manager to engage the services of Nuka Research & Planning Group, LLC to rewrite the City of Seward's Emergency Operations Plan, and appropriating funds. '. :4 ..J Resolution 2006-126. authorizing the city manager to enter into an agreement with URS Corporation to conduct a site assessment of Fort Raymond Substation for an amount not to exceed $21,648.30. PUBLIC HEARINGS Resolutions Requiring a Public Hearing Resolution 2006-108 throu!!h 2006-117. approving fiscal year 2007 city budget, consisting of general funds, enterprise funds, the motor pool fund, and the capital budget. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Paul Carter, wished he had attended the work sessions regarding the budget. He felt the budget before the council seemed to be a "re-run" of past budgets. Carter thought city administration continually under-estimated income and over-estimated expenses. The City of Seward's cash position had grown over the years; and the huge surplus of capital should be re-invested in Seward. J Tim McDonald, agreed with Carter's insights. He was concerned with ten different enterprise funds, the electric fund, the general funds all being supposedly separate; but they were City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 274 '- being used as one big fund, with transfers from one to another at will. Infrastructure should be built with some of this money. Other Public Hearing Items Resolution 2006-118. terminating the employment agreement with City Manager Clark Corbridge (City Manager Clark Corbridge has exercised his rights to a public hearingper Charter 2.11 a) Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Kim Kowalski-Rogers, thanked Corbridge for his work as Seward's City Manager. He was the finest city manager she had ever worked with in her 17 years with the city. She appreciated the work he had done. Sarah Spanos, thanked Corbridge for his great work done. She would miss him and noted over 70 employees signed a letter of support to the Alaska Municipal League for his nomination as Employee of the Year. Charlie Forrest, supported Corbridge and hoped council would reconsider keeping the city manager on with the city. There were some serious city issues in the city right now. Forrest had never worked with a better city manager in his twenty years with the city. .... Boyd Morris, wished Corbridge luck in his future endeavors. He wished they would have had an opportunity to speak. Morris felt many problems could have been settled in the Electric Department through simple communication. Iris Darling, spoke in support of Clark Corbridge. He worked very hard for the business people of Seward and felt council was not giving him a fair chance. They should work with him, not against him. Corbridge was a smart man who kept the city employees together as well as the businesses. Tim McDonald, stated what little he knew ofthe city manager, McDonald felt he had done a good job. The city council didn't want a city manager; they only wanted a "yes" man. Tanya Sandefur, supported the city manager. She reviewed the city manager's evaluations and in her opinion there were only a few questions directed to his position with the city council. She felt many ofthe questions should not have been on these evaluations. The questions should stay in the realm ofthe city manager's job description. People must remember there were two sides to every story and she thanked Corbridge for his hard work and honesty. Doug Olsen, stated the city manager was being fired for looking out for the city's best interest. People knew it was all about the SeaLife Center to the council. He felt there was blatant corruption at the Center, and didn't understand how the city could negotiate with SAAMS as the city ..... were the owners ofthe building and land. Tom Tougas, was sad to be before the council tonight. The role ofthe city manager was to City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 275 be the paid professional leader of the community. The city manager was supposed to provide J leadership, to form a consensus vision, and be in touch with the community. Tougas felt the city ..J manager should include bringing people together and find compromise instead of confrontation. The past two years the city had gone backwards and felt from tonight forward they could move on. Sharyl Seese, said it was a sad thing when the community couldn't get along. The city employees enjoyed working with the city manager. The city had been through so many city managers. Seese appreciated Corbridge's efforts. Scott Egger, thanked council for letting the public speak. He felt there was more to Corbridge's situation than most thought. He respected what others have said tonight, but found it ironic that staff could speak in favor ofthe city manager, but were silenced later on when speaking about other staff during public meetings. Egger thought there were some things Corbridge did an excellent job on, but others things he did not. He agreed with council on this issue. No matter what, Seward needed public input. We should not have a closed government. Polly Egger, felt she had seen the bad side ofthe city manager and felt she had been treated poorly. Too much money had been spent on legal fees, and felt it was really sad. She wished him luck but felt he was too much of a puppet for other employees. Kris Erchinger, stated she would miss the city manager's loyalty and moral courage. She would miss his work ethic, his leadership by example, his faith that good would always prevail, his refusal to fight with bullies, and his endless support for those who supported the city. Corbridge always gave 110% and never gave up. He loved Seward and Erchinger apologized for the suffering he and his wife had to endure during this process. She appreciated his refusal to give in to the rich and politically well-connected in Seward, which was why so many people were in attendance tonight. Erchinger thanked Corbridge and she would miss him. ~ .J Dorene Valadez, thanked the one council member who asked her about Corbridge and expressed her support for the city manager. She hoped council would make the right decision. Patrick Messmer, voiced his support for the city manager and felt he shouldn't be punished for being an ethical person. Dave Squires, spoke as the Fire Chief and a citizen. As chief, he commended Corbridge for moving small projects forward under budget and for teaching his employees to follow the rules, even ifthey were not agreed with. Corbridge had instilled that in all ofthe city departments. As a citizen, he was concerned with the projects coming up and a change in leadership could cause them to be lost. This was the council's decision, but Squires reminded them of how much support Corbridge received compared to how little support past city manager's had received. Kirsten Vesel, thanked Corbridge for being the best boss she's had. She was going to miss J...... him. It had been an honor and a pleasure to work for him. Vesel hoped everyone could learn from ... this experience and work productively together to make a difference in this community. She believed this was possible. Vesel was sorry things couldn't work out and offered her utmost respect for the city manager. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 276 '- Motion (Schafer/Bardarson) Approve Resolution 2006-118 Council Member Amberg asked to be excused from voting, since she was a newly elected council member and did not evaluate the city manager. Mayor Shafer allowed Amberg to excuse herself from discussion and the vote. Valdatta didn't think it was appropriate that former Council Member Lorenz wasn't able to speak her evaluation or have it be read publicly. Things may have been different had this been allowed. Dunham clarified that Lorenz's evaluation was added in to the overall score, but Valdatta felt it was unfair her evaluation was not read out loud like the rest of councils. Motion Passed Yes: Thomas, Schafer, Bardarson, Mayor Shafer No: Valdatta Abstain: Amberg Dunham, UNFINISHED BUSINESS - None Items Postponed from a Previous Agenda .... Resolution 2006-095. opposing the Alaska Railroad's permit request to the Alaska Department of Environmental Conservation to spray an herbicide mixture along the railroad right-of-way inside Seward city limits. Motion (Lorenz/Bardarson) (motion was previously made on September 11,2006) Approve Resolution 2006-095 Dunham felt there should be more context added to this resolution, specifically about spraying in the proximity of the city's water wells. Motion to Amend (DunhamlBardarson) Amend Resolution 2006-95, adding whereas "The City Council is concerned about possible contamination in the Fort Raymond area, and potential financial liability to the people of Seward related to the monitoring of existing wells in the area. " Motion to Amend Passed Unanimous Motion Passed Unanimous .... Council recessed at 9:14 p.m. Council resumed at 9:25 p.m. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 277 NEW BUSINESS Resolutions Resolution 2006-119. recognizing the Friends of the Jesse Lee Home as a statewide interest group dedicated to the preservation of the Jesse Lee Home as a city and state priority and directing the city manager to support their efforts to seek federal, state corporate and private grants and/or funds for the Jesse Lee Home as a statewide leadership school and utilize the Alaska Community Foundation as the fiduciary and managerial agent of such funds and necessary contracts for the predevelopment and planning for the Jesse Lee Home. Motion (V aldatta/Thomas) Approve Resolution 2006-119 Motion Passed Unanimous Resolution 2006-120. approving the City of Seward's calendar year 2007 Federal Legislative Priorities. Motion (Thomas/Bardarson) Approve Resolution 2006-120 Motion to Amend (Dunham/Schafer) Amend Resolution 2006-120, Under "Public Facilities": .change funding for the Mary Lowell Center from $19.5 million to $22.5 million .add item number two, $3 million to support the Friends of the Jesse Lee Home for the stabilization of the facility Under "Beneficial Legislation": .strike item number one, Support for the Jesse Lee Home leadership school .under item number six, strike wording, "University of Alaska request for" .add item number seven, $1 million in support for the Corps of Engineers study for North Dock Breakwater project. Motion to Amend Passed Unanimous Main Motion Passed Unanimous ~ ...J J Resolution 2006-121. approving the City of Seward's calendar year 2007 State Legislative ~~ t .... Motion (Thomas/Bardarson) Approve Resolution 2006-121 City of Seward, Alaska November 6, 2006 Motion to Amend (Dunham/Bardarson) .... Motion to Amend Passed Main Motion Passed .... City Council Minutes Volume 37, Page 278 Amend Resolution 2006-121, Under ~'Port and Harbor": -add item number three, $0.5 million for Corps of Engineers study for North Dock Breakwater project Under ~~Public Facilities": -add item number two, $3 million for support for the Friends of the Jesse Lee Home for the stabilization of the facility Under "Infrastructure": -move item number three to item number one Under "Beneficial Legislation": -strike item number one, support for the Jesse Lee Home leadership school -add item number ten, support legislation that re-evaluates the funding for city's owning harbors. Unanimous Unanimous Resolution 2006-122. approving the City of Seward's calendar year 2007 City Legislative Priorities. Motion (Thomas/Amberg) Motion to Amend (Bardarson/ Amberg) Motion to Amend Passed Main Motion Passed Approve Resolution 2006-122 Amend Resolution 2006-122, Under "Public Facilities": -change item number five to include public works and the amount from $3.5 million to $7 million Under "Studies and Plans": -add item number five, support for a flood study plan Unanimous Unanimous Resolution 2006-108. adopting the electric enterprise fund budget for calendar year 2007. ..... Motion (Thomas/Bardarson) Approve Resolution 2006-108 City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 279 Motion to Postpone (Schafer/Dunham) Postpone Resolution 2006-108 through Resolution 2006-117 to the November 27, 2006 city council meeting. J Motion to Postpone Passed Yes: Schafer, Dunham, Bardarson, Mayor Shafer No: Thomas, Amberg Valdatta, Resolution 2006-123. adopting an alternative allocation method for the 2007 shared fisheries business tax program, and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area. Motion (Dunham/Amberg) Approve Resolution 2006-123 Motion Passed Unanimous Resolution 2006-124. authorizing the purchase of a breathing air compressor from Municipal Emergency Services, Inc. for the Seward Fire Department for an amount not to exceed $20,576.58, and transferring funds. Motion (Thomas/Bardarson) Approve Resolution 2006-124 . '.\ i ..... Fire Chief David Squires spoke on the proposal before the council. The current machine in use was time consuming and time was running out to purchase this piece of equipment. It would be a tremendous help to the department. Schafer saw a need to get air bottles filled as well. Valdatta wanted to know if the city should go for the extra features, Squires said all the compressors had the minimum requirements he needed and could get by with this piece of equipment adequately. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS (No action required) The August 2006 and September 2006 financials for Seward Providence Medical Center. COUNCIL COMMENTS Amberg hoped Squires would get bids for the next Fire Department purchase. i ...J Bardarson wished Corbridge luck in the future and for the work he had done. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 280 .... Thomas encouraged everyone to vote for the State election and thanked Corbridge for his time with the city. Valdatta wanted to know what to do now that the city didn't have a manager. Dunham announced a Seward Sea Kayaking Symposium at Resurrect Art on November 7, 2006. He hoped staff could paint the curbs red on Third Avenue by the Senior Center to stand out more. Dunham said it was nice to hear talk ofthe old buildings in town, but thought it was strange there was no mention of the old Solly's Building. CITIZENS' COMMENTS- None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None EXECUTIVE SESSIONS Motion (Thomas/Bardarson) Go into executive session to discuss a land swap proposal by Paul Snowden that has the potential to significantly impact the city finances Motion Passed Unanimous ..... Council went into executive session at 10:15 p.m. Council came out of executive session at 10:30 p.m. Motion (Thomas/Amberg) Decline the offer of the land swap proposal brought forth by Paul Snowden Motion Passed Unanimous Motion (Thomas/Bardarson) Go into executive session to discuss the City Attorney evaluations Motion Passed Unanimous Council went into executive session at 10:32 p.m. Council came out of executive session at 10:45 p.m. Council advised city clerk to advertise for interim city manager and set a special meeting for November 20, 2006 to discuss candidates. ADJOURNMENT ..... The meeting was adjourned at 10:59 p.m. City of Seward, Alaska November 6, 2006 City Council Minutes Volume 37, Page 281 i~~~ Cit lerk ~UL/ JvhA~~ Vanta Shafer U Mayor (City Seal) ~"","n""" ~..,~ Of Sl:~t, ~##~ ~ ~~ .....fi...... ~.L\ ..~ ~ ,."i. o",",:i~POJ:i~)..:.~ ~ ~ v. c!J . "'\, AOo V "'" __ .. .,J ,~o-:. :: ...:!It ___ 'V e. {oj - : \ ~ .. . SE,AT :~::: :0: ~::: ~ ~ - ;:1 .. . . .. ~ ... <<I,. 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