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HomeMy WebLinkAbout10222007 City Council MinutesCity of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 436 CALL TO ORDER The October 22, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. Vice Mayor Dunham suspended the rules to acknowledge the birthday of Seward's oldest resident, Pat Williams, who turned 98 on October 21, 2007. Newly elected officials Clark Corbridge, Tom Smith, Bob Valdatta and Betsy Kellar were sworn in by City Clerk Jean Lewis. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Bob Valdatta Tom Smith Jean Bardarson Betsy Kellar comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk ABSENT -Linda Amberg CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING John French spoke as an applicant to the Historic Preservation Commission and asked for the council's support. Sue McClure spoke on her request to be a Seward Planning and Zoning Commissioner. She now lived within the city limits and hoped to participate on the commission. Sandie Roach spoke to the council as a representative for the school, as a bus driver, and addressed a speed limit inconsistency between DOT and the City of Seward in school zones, specifically by Hemlock. She hoped council would appoint someone to speak with a DOT representative. Ciry of Seward, Alaska Ciry Council Minutes October 22 2007 Volume 37, Page 437 Ron Long congratulated the new council members and wished them good luck. Long also congratulated city staff on their website. He also spoke on Resolution 2007-097 and hoped council could incorporate this discussion into the budget discussion instead of tonight. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Dunham) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The October 8, 2007 regular city council meeting minutes were approved. John French was appointed to the Seward Historic Preservation Commission with a term that expires May 2008. Sue McClure was appointed to the Seward Planning & Zoning Commission with a term to expire February 2010. Resolution 2007-115, Accepting A FY 2007 State Homeland Security Grant In The Amount Of $108,600 For The Purchase Of Communications Equipment, And Appropriating Funds. Resolution 2007-116, Accepting A FY 2007 State Homeland Security Grant Under The Law Enforcement Terrorism Prevention Program In The Amount Of $95,840 For The Purchase Of Communications Equipment, And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Borough Assembly Report. Borough Assembly Representative Ron Long stated nothing was found in state law or ordinances to guide the assembly on the issue of retroactive term limits. The assembly at that time took no action, and the seats would remain vacant. Several suits were being filed and a solution would be determined in court. The assembly was meeting tomorrow, where a resolution to develop a local climate action plan was before them. City Manager's Report. City Manager Phillip Oates welcomed the newly elected members to council. Police Officer Larry Kocur suffered a stroke last week, but was recovering in Anchorage. Oates had met with Mark Kneedler of Architects Alaska on October 10, 2007 to discuss timelines for construction of the Long Term Care Facility and the selection of a project manager. Construction was programmed to begin at the end of the upcoming winter season. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 438 Coal train activity was projected to start at the end of October or beginning of November. Two shipments were scheduled in the December and February timeframe. DEC would conduct a site ~` visit while train unloading operations were occurring to inspect the improvements the Alaska Railroad had made. The Fire Department received the 2006 Life Safety Achievement Award from the Residential Fire Safety Institute, for the eighth year in a row. Firefighter One and Two classes were now complete. The Department also received a letter of thanks from the U.S. Coast Guard. The Draft Supplemental Environmental Assessment for the North Forest Acres Levee Road project had been released for public comment. The comment deadline was November 2, 2007. Applications had been submitted for all permits (Coastal Project Questionnaire, Fish Habitat Permit Application, Army Corps of Engineers Permit, and City Floodplain Permit). Oates and Finance Director Kris Erchinger would be traveling this week to Juneau to meet with DHSS, DOT, OMB, and various legislators. Oates would also be traveling to Fairbanks in November for the Alaska Municipal League. In other areas, Oates met with Randy and Christina Stauffer to discuss City of Seward priorities for the Seward/Bear Creek Flood Service Area Board. Oates provided budget overview presentations to the Lions Club, Rotary, PACAB, P&Z Commission, and Chamber of Commerce. The P.A.R.K.S. community volunteer playground has slated their build for May 2008. The boiler installation at City Hall was almost complete. Phase Two of the Senior Citizen Center repairs, installation of the elevator fire safety doors, should be completed within two weeks. City Clerk Report. Assistant City Clerk Johanna Dollerhide announced that access to Seward's Legislative History was now available online to the public. The link to the search browse site as well as a brief tutorial of the site was on the City of Seward website. Other Reports, Announcements and Presentations City Manager Oates reported that a representative from the Forest Service was unable to attend tonight's meeting, but gave a brief update for the Seward Ranger District. The Forest Service was combining their Seward office with their office in Moose Pass. Oates would bring more information to the council on how this would affect the Forest Service's partnership role in the Mary Lowell Center. PUBLIC HEARINGS Resolutions Resolution 2007-097, Amending The Port And Harbor Tariff By Increasing By 5%, All Moorage, Wharfage, Boat Lift, And Other Harbor Rates And Fees (Excluding Passenger ~... Fees), Effective January 1, 2008. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 439 Sharyl Seese, was opposed to this resolution. It seemed to her that the harbor tariff had just recently been raised. She felt fewer boats would come to the harbor. Sandie Roach, was a harbor user and agreed with Mr. Longs earlier comment to put off this decision at this time. She wanted this to go along with the rest of budget. John French, echoed Roach and Long's comments. He felt this should be included as a package with the budget. French felt it would help the budget process and the public. Iris Darling, was interested in the tax increases. For those who stayed in Seward during the winter, it was difficult. She felt Seward had driven a lot of their boat owners to other ports. Theresa Butts, was in favor of the increase of harbor fees, but agreed that it should be considered with the budget. Rick Brown, had worked in Seward during the summer season for the last ten years and every time he came back prices had increased. He was opposed to this resolution. Motion (Dunham/Valdatta) Approve Resolution 2007-097 Valdatta felt with the high fish tax this year, the shock would be great. Maybe it would be better suited for the following year. Oates stated the concern was to pass this now so boat owners knew ahead of time what the cost. Bringing this issue in November would be acceptable to him as well. He would support to postpone this resolution. Motion (Bardarson/Dunham) Postpone Resolution 2007-097 to November 13, 2007 Dunham had heartburn over this topic and the scheduling of it. It would be difficult to make a decision after the budget work sessions. Smith hoped the council looked at these things as a whole, not in single increments. Motion to Postpone Passed Unanimous Resolution 2007-098. Expressing Off cial Intent To Issue Bonds To Finance The Expansion Of The Spring Creek Prison Facilities And Determining Related Matter. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jolund Luther, Administrative Manager for Spring Creek Correctional Center, said it was the first time he had seen real serious action to expand this facility by the State of Alaska. The bonds on the facility were just paid off this year. Because the Department of Corrections was supporting this expansion, he felt the stars were aligned and hoped for council's support in moving forward with City of Seward, Alaska City Council Minutes October 22, 2007 volume 37, Page 440 this resolution. Patty Linville, tried to get some questions answered regarding this expansion, but found few people knew a prison expansion was being planned. She didn't like the idea of placing a prison in a small community. In her studies, she found there was no long term economic benefit. Linville wondered what the impact had been had on local schools, mental health services, and so on. She asked for a public meeting to explore this issue. Motion (Valdatta/Dunham) Approve Resolution 2007-098 Valdatta said in his occupation, the prison helped him tremendously. Dunham was pleased after all this time; the department was serious about expanding. It was an excellent opportunity for the community. He supported this resolution. Oates stated this was only the intent to proceed with the bonding process, not to issue bonds. It would come back to the public domain before any obligation to issue bonds. He felt this topic had received public input, including a major work session with the Department of Corrections. Oates felt the impact in the community was a positive one and he supported approval of this resolution. Motion Passed Unanimous Resolution 2007-099. Expressing Official Intent To Issue Bonds To Finance The Electrical ~.. Facilities Described Herein And Determining Related Matters. 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. Oates noted the city wished to express intent to issue bonds for the purpose of replacing two World War II-era generators that provided back-up generating capabilities and for construction of a new electrical shop. By issuing this resolution of intent, the city could utilize the proceeds of the bond issue, assuming the bonds were approved by council at a later date. The estimated total cost of this project was $7.5 million dollars. One million of those funds would come out of the electric department funds, and the city would request to bond the remaining $6.5 million. Motion (Dunham/Bardarson) Approve Resolution 2007-099 In response to Kellar, Oates responded the bonds were revenue bonds and would be paid by the existing rate structure. To get approval, the city must show the revenue was sufficient, which the city felt they could do. Dunham wanted to know the timeframe on this issue. Electric Utility Manager Tim Barnum said the plan was to break ground early this spring. The generators needed to be installed and operating next winter. The rest of the project, including the warehouse, was an estimated 18 month operation. Barnum felt it was aggressive, but could be done. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 441 Oates stated the current mechanics felt they could nurse the generators through the winter season, but were fearful to tear into the generators and find more things wrong with them that couldn't be repaired. In response to Dunham, Barnum stated he had not applied for any grants for the transmission line. The city was paying the line loss. Motion Passed Yes: Bardarson, Smith, Dunham, Valdatta, Corbridge No: Kellar Council Recessed at 8:50 p.m. Council Resumed at 9:00 p.m. Other Items Administration Requested Be Held For Public Hearing Resolution 2007-100 through 2007-109, Fiscal Years 2008 City Bbudget, 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. Oates stated this put the budget in the formal public process. It would be heard as a public hearing item tonight, there would be four public work sessions the following week, and another public hearing on the budget resolutions would be held on November 13, 2007. Oates hoped council would adopt the budget at the November 13, 2007 meeting, as well. Sharyl Seese, said the city residents and council had fought in the past over sales tax. Along with the borough's sales tax increase, the seasonal sales tax would increase to nine percent in the summer. For people who own bed and breakfasts, owners would have to charge 13% between bed and sales taxes. It was nice to get money from tourists, but something else should be done. Seese felt Seward would lose their tourist base if the council implemented a seasonal sales tax. Iris Darling, was against increasing taxes. She could truthfully say people had refused to buy her merchandise because of the sales tax. Seward's biggest business was Anchorage residents, and the council should look at other types of revenues. Margaret Anderson, thanked the city manager for his budget overviews and outlining areas to raise money. She was here tonight to represent the Seward Resource Committee for the Boys and Girls Club. She provided information to how the six clubs on the Kenai Peninsula were managed. The plan would expand to the middle school with hopefully increased enrollment. Anderson hoped to corroborate with the city on this expansion. She commended the city on their commitment to youth activities in Seward. Michelle Swartz, found the budget was not online, in its entirety. Even with a public hearing tonight, and four work sessions, Swartz wanted another public comment period before the budget was finally adopted. She had questions on the public safety fee and opposed the increase in sales tax. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 442 Swartz was concerned the increase in tax would drive people away. Motion (Bardarson/Dunham) Discuss Resolution 2007-100 through 2007- 109 Valdatta felt tax was simply an exchange of money. Smith clarified that this was an opportunity for the public to comment. City Clerk Jean Lewis concurred, council could give direction and make amendments, but they would not be voting on the approval of these resolutions tonight. Oates stated the intent was not to curtail the public participation, but rather encourage it. The intent was to let everyone know what the issues were and get direction from council. Much discussion ensued regarding PERS and Oates stated it was by far the hardest obstacle in the budget. Dunham wanted to know if contracting city services were looked at. Oates responded they were, but it solely depended on the council's guidance on what they wanted the city to provide. Smith requested a percentage on the growth rate with taxes in Seward for the upcoming work sessions. Resolutions 2007-100 through 109 were discussed and set for another public hearing and adoption on November 13, 2007. UNFINISHED BUSINESS -None NEW BUSINESS Resolution 2007-110, Authorizing The City Manager To Enter Into An Agreement With Swalling Construction Co. Inc. To Construct And Install The I & T Docks And The Travel Lift/Bulkhead In The Small Boat Harbor For An Amount Of $3,125,073, Provided That The Total Amount With All Future Change Orders Is Not To Exceed $3,233,582, And Appropriating $3,663,648 For The Project. Oates stated this was a complicated issue that went to RFP in which Swalling was the most qualified bidder. Oates described the resolution in more detail and that it authorized Oates to possibly negotiate future change orders for water system improvements. It included contingency and overhead costs to the project. The source of funds was listed from a variety of different funds and grant accounts. Motion (Bardarson/Dunham) Approve Resolution 2007-110 Dunham was confused with the figures given to council. Oates responded the initial amount of money was for the base bid of Alternative A, which was in the contract. The second amount listed City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 443 was what the council was willing to authorize the city manager to negotiate for water system improvements, and the final amount included the contingency and overhead costs. In answering questions from council, Harbormaster Scott Ransom said providing water to harbor customers was the negotiable "extra features" part of the contract. He stated the steel bull rail would also be used for erosion work. Motion Passed Unanimous Resolution 2007-111, Approving The City Of Seward's Calendar Year 2008 Federal Legislative Priorities. Oates noted a lay down version of this resolution before the council, but the changes made were primarily rewording of language. He briefly described the federal priorities to the council. Motion (Valdatta/Bardarson) Approve Resolution 2007-111 Dunham wanted to know why the city wasn't doing anything about power and alternative energy programs. Oates didn't see anything likely or probable and his findings didn't find anything feasible. Dunham felt somewhere along the line there would be alternative energy legislation. Oates supported alternative energy, but didn't think it was likely in Seward. Motion to Amend (Dunham/Valdatta) Amend Resolution 2007-111 by adding section 2 under beneficial legislation, "The City of Seward is interested in participating in alternative energy programs when available." Kellar asked for clarification in the wording under beneficial legislation. Smith noted it was important to note the continued funding, as it was already appropriated. Motion to Amend Passed Main Motion Passed Unanimous Unanimous Resolution 2007-112, Approving The City Of Seward's Calendar Year 2008 State Legislative Priorities. Oates stated another lay down version was before the council tonight and addressed the changes at hand. He listed the priorities that were before the council for approval. Motion (Bardarson/Smith) Approve Resolution 2007-112 Kellar wanted the SMC dock to stay on the state beneficial legislation, and not burden the city's beneficial legislation list. Oates clarified this would not remove it from the state priority list. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 444 Dunham said the city was on record in supporting the SMC dock for about five years now. `' He thought it was an interesting twist to address the priority as a GO bond. The facility and the ship ~` was extremely important for the uplands, shipyard, SMC, and ASLC. Dunham was skeptical it would work. Dunham wanted to add dollars for upgrading lines. Oates said the priority spoke to all electrical needs, including lines. Motion to Amend (Dunham/Bardarson) ~.. Amend Resolution 2007-112 by adding number 11 under beneficial legislation, "The City of Seward is interested in participating in alternative energy programs when available." Kellar was uncomfortable having to make a decision on a new piece of information laid down before her right before the meeting began. Bardarson asked if the lobbyist was consulted on these priorities. Oates confirmed that he was consulted. Motion to Amend (Dunham/Bardarson) Amend Resolution 2007-112 by adding number 12 under beneficial legislation, "The City of Seward continues to support AVTEC's highest priorities." Motion to Amend Passed Main Motion Passed Unanimous Unanimous Resolution 2007-113, Approving The City Of Seward's Calendar Year 2008 City Priorities. Oates said this resolution was useful when the city applied for grants and requested council change item 5 to reflect $3.4 million instead of $2.8 million. Motion (Dunham/Bardarson) Motion to Amend Approve Resolution 2007-113 Amend Resolution 2007-113 by changing the dollar amount in number 5 under Port and Harbor from $2.8 million to $3.4 million. Motion to Amend Passed Unanimous ~.. Main Motion Passed Unanimous Resolution 2007-114, Authorizing The City Manager To Approve A Change Order For The City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37, Page 445 Contract With Sterchi Construction Co. For Construction Of The South Harbor Restroom Building For An Amount Of $7,821.38. Oates referred council to the agenda statement to the resolution. Sterchi had done a good job, but these were some additional changes that were recommended by Tryck, Nyman and Hayes, the city's engineering firm. Ransom said this was a case where they didn't have a contingency fund on this, additional insulation was installed, work was done on the roofline, and the electrical panel was required by code. The contractor did an excellent job; this resolution authorized the payment of additional services that were completed. Motion (Bardarson/Dunham) Motion Passed Approve Resolution 2007-114 Unanimous OTHER NEW BUSINESS The Mayor opened nominations for Vice Mayor. Only one nomination was received. Motion (Bardarson/Valdatta) Appoint Willard Dunham as Vice Mayor Motion Passed Unanimous Consent City Clerk Jean Lewis swore in Vice Mayor Dunham. Council directed individual board and commissions to file periodic reports to the city council on the first council meeting if possible. Mayor Corbridge appointed citizen Hugh Darling to the KPB EDD Board. Council directed the Clerk to bring back more information on the requirements of the council representative and would appoint a member at the next meeting. INFORMATIONAL ITEMS AND REPORTS (No action required Providence Seward Medical Center financial report. COUNCIL COMMENTS Kellar thanked everyone for their patience tonight. She was touched by Margaret Anderson's compliment of the city's dedication to youth services, and she was interested in learning more about the program Anderson was proposing. Bardarson encouraged all to be involved with the budget and congratulated staff on the website. She wished a Happy Halloween to all, and everyone to have a good time. Dunham stated the community lost an old time resident, May Zimmerman. He attended a National Scenic Byways program meeting, and there were things available for the city through this program. The local representative was Laura Cloward. He received a letter from the Citizen's of the Air Patrol, seeking for funding. Dunham wanted to know if the city could participate in some way. City of Seward, Alaska City Council Minutes October 22, 2007 Volume 37 Page 446 He asked for staff to look into amending the building code and the implementation of the international code the city had adopted for people who buy or transfer ownership of older buildings. Valdatta thanked Bear Creek Flood Board for their last informational packet. Smith thought it was very important for the public to attend the budget work sessions. It was under the public eye a lot, and if the citizens didn't participate, it was their own fault. Corbridge said the city needed to look at building codes for enforcement, but wanted to look at the entire code to make it enforceable in a "real world sense," in addition to removing everything the city didn't plan to enforce. CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned at 10:44 p.m. ~~~ can Lewis City Clerk Clark Corbridge Mayor (City Seal) ~,~~e~{1{III~S~,, y S ~ ,e~ i '~ i i M '~_ i ~ ~ >' ids '~~~.ti ~~ ~ ~ ~~~~~ t.rN't~v,®