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HomeMy WebLinkAbout03242008 City Council MinutesCity of Seward, Alaska Ciry Council Minutes March 24, 2008 Volume 37, Page 525 CALL TO ORDER The March 24, 2008 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Clark Corbridge. OPENING CEREMONY Corporal Patrick Messmer led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Bob Valdatta comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -Betsy Kellar Linda Amberg Tom Smith Jean Bardarson CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jolund Luther, invited the council and public to the Fireside Chats. The topic would be about World War II, and he thought this was a good start for future chats this year. Sharyl Seese, did not think the questions asked on the APOC fonns were anyone's business. She agreed with conflicts of interest being disclosed, and not voting if a conflict existed, but thought it was nobody's business on what money you got from a client. Seese agreed with the budget going biennial, but did not feel the $63,000 electric service truck was needed. Marianna Keil, wanted exempting the community members from the State's financial disclosure forms to be added to the ballot to vote on this fall. She stated the Planning & Zoning Commission was having a difficult time recruiting members with the current requirements, and noted over half of the communities around the state had already opted out. Members were dissatisfied that these APOC forms may be found on line next year, and she didn't want to become a victim of identity theft. She thought people's client lists were proprietary information, thus hoped to put this on the ballot for a vote. ;,~, Matt Gray, with Resurrection Bay Conservation Alliance (RBCA), announced the Resurrection Bay Watershed Workshop was being developed and was scheduled for May 7, 2008 at the IMS Rae building. The RBCA would like to include the citizens and get as much community Ciry of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 526 involvement as possible. They were working together with the city, borough and flood board on responsible flood control regulations. Gray also mentioned the bear safe garbage cans would be available in April for $50 a piece. APPROVAL OF AGENDA AND CONSENT AGENDA Resolution 2008-020 and Resolution 2008-021 were pulled from the consent agenda. A Report on Seward Youth Programs was pulled, and a report on the trip to Juneau byVice-Mayor Dunham was added in its place. Scheduling a work session on the sales tax cap increase was added to the agenda. Motion (Bardarson/Dunham) Approval of Agenda and Consent Agenda Motion Passed Unanimous Consent A Presentation To The Mural Society From The Legislature Was Given By Vice-Mayor Dunham. The clerk read the following approved consent agenda items: The March 6, 2008 Special City Council Meeting and March 10, 2008 Regular City Council Meeting Minutes were Approved. Non-Objection to the renewal of the Dispensary Tourism Liquor License for the Breeze Inn. Ordinance 2008-004, Amending Seward City Code 6.10.325(A) And 6.10.135, Limiting City Business License Requirements To Successful Bidders/Proposers. (Was introduced and set for public hearing April 14, 2008) Resolution 2008-022. Accepting A Grant In The Amount Of $4,765.20 From The Alaska Highway Safety Office For 2008 Third And Fourth Quarter ASTEP Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds. Resolution 2008-023, Accepting A Grant In The Amount Of $3,898.80 From The Alaska Highway Safety Office For 2008 Third And Fourth Quarter ASTEP Driving Under The Seatbelt Enforcement Campaign And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards -None City Manager's Report. City Manager Phillip Oates stated MilitaryAppreciationFishing Day would be May 22, 2008, and the city would be donating funds to cover the passenger fees. The Seward International Friendship Association (SIFA) would be selecting four students and two adults City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Pale 527 for the exchange with Obihiro, Japan in the near future, so he advised the public to get their applications in. Oates stated a significant amount of money was available and he thought he had ~ good support from legislators for cruise ship head tax projects. Oates and Dunham had met with the initiators of the cruise ship head tax, and they were pleased with Seward's list of projects. Oates stated SB 256 was on the way to the Governor which established PERS local government pay at 22%, which would be better for future budgeting. Since Seward was one of the only cities that had paid into PERS every year, the city should receive approximately $303,000 back from prior payments. Oates wanted to bring asbestos abatement, handicap access to city hall, voice over IP telephone system, funding shortfalls in building the Long Term Care Facility, hospital and other projects to council as directed. Oates met with D.O.C. staff on how to structure the bonding and the agreement for the addition to Spring Creek Correctional Facility. Oates anticipated the Commissioner coming to Seward to sign the agreement, with construction beginning in 2009. Oates would ask Marvin Yoder to give a presentation to the community on nuclear energy soon. He heard this was clean energy and possibly one of Seward's best alternate energy sources. Other items of interest were: - Community Development. The city was addressing the setback requirements in industrial zones, therefore an ordinance was being drafted changing the setback to 10 feet. - Long-Term Care Facility. The city received four proposals, and negotiations had r,r. been entered with one proposer. The information was still privileged until a notice of intent to award was issued. The next phase of the negotiations was beginning. - Coal dust. Local citizens had complained to ADEC about coal dust. ADEC had issued another citation against the AKRR. - Harbor. Swalling Construction would move forward with their project and would bill the city, which were agreed to be passed onto Skyline Steel. In response to questions by council, Oates stated Providence would have say on what equipment would go into the long-term care facility, but not on the actual construction. He stated any damage reports to operating equipment went through his office and was investigated. The snowblower was purchased from DOT for half the cost because it was beyond its useful life. Electric motors would be re-built and maintenance of the heavy equipment was very good. It was the city's goal to have water available year round to the boats in the harbor. City Attorney's Report. City Attorney Cheryl Brooking reported on a two month period. They continued to provide assistance on taxes, fees, contracts, resolutions, ordinances, land uses, proposed leases, environmental issues, and had worked with consultants on the Long-Term Care Facility. She explained to the public, the latest information on the Clean Water Act litigation, or Trustees lawsuit. She summarized: r. The City of Seward was sued by the Resurrection Bay Conservation Alliance, alleging the city was operating an industrial operation in both the small boat harbor and the SMIC uplands, therefore they needed a stormwater permit because of the runoff. City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 528 ^ The U.S. District Court had issued an order. Both parties had filed motions. The City of Seward had filed a motion to clarify the findings. Oppositions to each side's motions were due March 19, 2008. ^ Operator's must have a runoff permit. The City contended the harbor marina area did not have any industrial operations and did not do any sort of vessel repair. The court found operating a travelift was sufficient and the City should keep ditches clean. ^ EPA testing showed nothing in Resurrection Bay. ^ The Court ordered the city to apply for permits, but no civil penalties were imposed, with both parties bearing their own costs and fees. ^ Both parties disagreed on who was the prevailing party, and the appellants were still asking for $76 million in penalties from the City of Seward. Court. Brooking notified the public that all documents were available through the Federal District Chamber of Commerce Report. Laura Cloward stated web hits continued to go up, pre- bookingslooked good, and 1500 Seward Visitor Guides were leaving monthly. The Kenai Peninsula Regional Conference would be held in Seward, and was expecting 80 participants. Cloward noticed there would be 65 dockings and 10 ports of call this year and stated ambassador programs would be key. Cloward said dock enhancements provided for other areas like employment and resources were needed to keep infrastructure. Cloward stated cruise ships represented far more than tourism. Seward Planning and Zoning Commission Report. Marianna Keil stated they were looking forward to their joint work session with the city council. She thought their biggest challenge was to strategize on how to get more people to apply for the P&Z Commission. They would be looking at amending the land use plan and rezoning of lots 20 and 21 and 22 in Clearview. They were saddened to lose Kevin Clark because of the invasive APOC forms. The Commission was enthusiastic about the community development team, and assisting in improving Seward. Other Reports, Special Presentations City Council took a two minute recess. An ISO Rating Report Was Given By David Squires. A Juneau Legislative Trip Report Was Given By Vice-Mayor Dunham. PUBLIC HEARINGS Ordinances Requiring A Public Hearing Ordinance 2008-003. Amending The Land Use Plan And Rezoning Of Lots 20, 21 And 22, Clearview Subdivision Number 6 From Two Family Residential (R2) To Auto Commercial (AC). Motion (Dunham/Bardarson) Enact Ordinance 2008-003 Ciry of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 529 Oates stated this land was suitable for auto commercial. It was vacant land and could be ~` considered contiguous to the other tract that CIItI owned. Single family homes were on the other side and one lot was undeveloped. It was supported by the P&Z commission 3-1. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Leirer, produced a map and described the ownership of the adjacent land. He stated a sewer line would have to be put in to develop the horse corral area in the future. Leirer thought it made a better boundary to rezone, and said it was one of the last tracts close to the harbor. CIRI was growing rapidly and needed to expand, and Leirer thought this was a natural expansion, and would relieve parking congestion in the small boat harbor. Leirer thought auto commercial would develop more tax revenue than the R2 rating. Dan McDonald, General Manager for Kenai Fjords Tours, was approached to seek land to expand since harbor parking was at a shortage which impacted other area businesses. He hoped if this resolution passed it would alleviate some of those harbor parking problems. He had asked the neighbors their opinions and since he lived in the area, he would make it aesthetically pleasing. McDonald stated any additional property entry would have to go to the Planning & Zoning Commission. ~ Jolund Luther, said he drove by this property all the time and did not encounter problems or traffic j ams on that section. He did not think you could guarantee what would happen to the property in the future. Luther appreciated the idea to free up parking in the harbor area. Amberg questioned whether there would be a buffer between the area and the residential portion. Smith said one of the concerns keeping it residential was it would be hard to put in driveways on the comers. Motion Enacted Unanimous UNFINISHED BUSINESS Items Postponed From A Previous Agenda Council pulled the Updated December Budget Report. Motion (Smith/Amberg) Schedule A Work Session On The Budget Soon After The Audit. (This was not voted on, but noted by Administration.) NEW BUSINESS City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 530 Ordinances for Introduction Non-Code Ordinance 2008-005. Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election To Exempt City Of Seward Municipal Elected And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes, (State Of Alaska Public Officials Financial Disclosure Law) Relating To Disclosure Statements And Conflicts Of Interest, And Establishing Local Guidelines. Motion (Bardarson/Amberg) Introduce Non-Code Ordinance 2008-005 And Set For A Public Hearing On Apri114, 2008. It appeared all council members wished to pass this, but realized there would be a need to educate the public. Children's information was on the APOC form, and it was thought that if a person wanted to be dishonest, they would, regardless of this form. Smith thought a range may be better than a dollar amount. He mentioned the Kodiak form example was less intrusive. Motion Passed Resolutions Unanimous Consent Resolution 2008-020. Amending The City Of Seward's Calendar Year 2008 State Legislative Priorities Motion (Bardarson/Dunham) Approve Resolution 2008-020 Oates said the legislators asked for a wider menu ofprojects to use with the cruise ship head tax on general obligation (GO) bond transportation projects and general fund projects. Mayor Corbridge thought to fail this resolution would just limit the city to funding. Dunham said it was unknown when the legislature would make an insert and felt this gave Seward a broader base. Valdatta wanted SMIC included, and thought the Goldbelt area could be used as an emergency. Oates stated SMIC was listed on the city's federal priority list and a grant for improvements was included. The waterfront pavilion was put back in by the legislature because it was on the Governors veto list from last year. Bardarson wondered if the water tank could be included with the cruise ship head tax projects because of the water shortage created by their demand. City of Seward, Alaska City Council Minutes March 24, 21108 Volume 37, Page 531 Oates and Dunham thought that was an excellent idea. Motion Passed Unanimous Resolution 2008-021, Approving A Contract To Harmon Construction, Inc., For The Fabrication And Installation Of The Hoben Park Historic Replica Fountain. Motion (Dunham/Amberg) Amendment (Bardarson/Dunham) Approve Resolution 2008-021 In Section 1, After The Word Meeting, Insert "Amended To Provide Specifics As To Insurance Requirements," Into The Original Sentence. Amendment Passed Main Motion Passed as Amended Unanimous Unanimous Resolution 2008-024. Authorizing The City Manager To Enter Into An Agreement With Worthington Ford For The Purchase Of A 2008 F-550 4x4 Service Truck, For An Amount Not-To-Exceed $63,000.00. Motion (Bardarson/Smith) Approve Resolution 2008-024 Oates stated this vehicle was needed and one was available that met the city requirements for around $53,000. The old truck needed at least $8,000 in repairs right now. Valdatta did not want the added extras. He thought a winch or block heater would be good to have, but wanted $14,000 of extras taken off of the vehicle. Oates stated some of these vehicles had more bells and whistles than they would normally ask for, but that was what was available. Amberg thought way too many vehicles were being purchased and wanted a study done before any more equipment and vehicles were purchased. She thought $8,000 of repairs was better than spending $53,000. Bardarson wanted the expert to look at the fleet and wanted to wait until after the fleet examination. Dunham asked if the money was approved in the budget. He saw another gas hog. Motion Failed Yes: Valdatta No: Bardarson, Smith, Dunham, Amberg, Corbridge City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 532 Resolution 2008-025, Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election Which Shall Amend The Seward City Charter, Section 5.4 (D), Section 6.2 And 6.3 To Require A Biennial Budget Cycle. Motion (Bardarson/Amberg) Approve Resolution 2008-025 Oates stated 67% of the voters failed this in the October 2006 election. He felt one of the reasons was no outreach by the City, and uncertainty with the PERS unfunded liability issues. Oates noted some benefits to a biennial budget. - More efficient process because it is conducted once every two years, and allows staff and council in the off year to address issues that would lead to better planning for the budget. - City tax rate and fees would be established for a two year period, thus giving more certainty to the public on what their taxes and fees would be. - Would be able to improve focus on long-term financial and capital planning. - Off year budget year would provide opportunities to focus on adequacy of specific city rates and fees for enterprise funds, taxes and services, instead of tackling all simultaneously. Annual reviews would be required, but adequate time was needed to spend on the issues. Bardarson definitely thought going to a two year cycle was an efficiency measure and wanted the public to be assured there would be oversight. Smith thought two year budget cycles were better. He wondered if there were any costs associated with this. Oates stated the costs to the city were minimal. The biggest downside was taking risk on revenue collections if they were changed during the process. Oates explained budget authorization and appropriations were two separate issues which gave the public the necessary oversight. Finance Director Kristin Erchinger stated atwo-year budget was crafted simultaneously in anticipation of the 2006 election, so everything was in place to craft atwo-yearbudget. There would be extra work, but no additional dollar cost. Recent state budget changes would help giving more certainty of what is expected at a local level Smith stated revenue projection was the only issue in these hard times. Erchinger thought a fall back plan would have to be incorporated, or a cushion fund established for the flexibility in funding and building reserves. Motion Passed Unanimous A Work Session On The Sales Tax Cap Was Scheduled For May 5, 2008 At 7:00 P.M. INFORMATIONAL ITEMS AND REPORTS (No action required) City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page 533 Providence Seward Medical Center Financial Report for January 2008. COUNCIL COMMENTS Bardarson encouraged the public to participate in the Obihiro Japan exchange. Dunham wanted a resolution for the Ocean Sciences Bowl. He also wondered about incentives to draw movie crews to Seward for filming, and asked if there would be Homeland Security concerns with that. He pointed out that Seward's sales tax was not the reason things were so expensive. Dunham pointed out Seward was just a penny off from Soldotna, and it was not the city's fault fuel prices were so expensive. Amberg hoped Ms. Kellar would recover from the flu soon. Smith wanted to get younger people to volunteer. He thought it was tough getting them to step up to the plate. CITIZENS' COMMENTS Sharyl Seese, was happy to see a work session scheduled on the sales tax cap increase and also happy with the possibility of having a biennial budget. She really thought it would be wonderful r... to change the meetings to 7:00 p.m. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None EXECUTIVE SESSION Motion (Bardarson/Amberg) Go Into Executive Session For The City Attorney Evaluation. Motion Passed Unanimous Council went into Executive Session at 10:37 p.m. Council came out of Executive Session at 10:55 p.m. ADJOURNMENT The meeting was adjourned at 10:56 p.m. ~~ ~ , ~ ~ .• ~ a~....F~~ '•. Y Je Lewis, ~M ~ ,'; Cl~k Corbridge ,~ Ci Clerk ~ ± ®a ~' D~a~or (City Seal) ~ ~. ,y ~_.; ~, .~ .••••~~qr 1 ~ ~~•'~.1.~'.•~!