HomeMy WebLinkAbout04142008 City Council MinutesC,rtr a/~Sewarr~', Alaska City Council Minutes
gpril !4, ?008 volume 37, Page 538
CALL TO ORDER
The April 14, 2008 regular meeting of the Seward City Council was called to order at 7:30
p.m. by Mayor Clark Corbridge.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Clark Corbridge presiding and
Willard Dunham
Tom Smith
Jean Bardarson
comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Dollerhide, Acting City Clerk
ABSENT Linda Amberg
Bob Valdatta
Betsy Kellar
C'ITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Marianna Keil, thanked Dunham and Oates for their lobbying efforts in Washington, D.C.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Dunham} Approval of Agenda and Consent Agenda
Motion Passed By Unanimous Consent
Resolution 2008-029, the introduction of Ordinance 2008-007 and Ordinance 2008-008 were pulled
from the consent agenda for discussion.
The discussion items for the recent Railbelt talks and the January, February and March financials
were postponed to the next agenda.
The Seward Bear Creek Flood Service Area Flood Hazard Mitigation Plan was pulled from the
agenda.
The clerk read the following approved consent agenda items:
Ciry of Seward, Alaska City Council Minutes
April 14, 2008 Volume 37, Page 539
The March 25, 2008 Special City Council Meeting Minutes and April 1, 2008 Special City
Council Meeting Minutes and changes made to the February 25, 2008 Regular City Council
Meeting Minutes were approved.
There was no objection to the restaurant designation application for the liquor license f'or
Gene's Place (217 5th Ave.) and the liquor license renewal applications for Three Bear's,
Gateway Liquor, and the Harbor Dinner Club were approved.
Resolution 2008-027, Authorizing The City Manager To Amend The Contract With Swalling
Construction For The Purpose Of Repair To Include Rod Ends, Couplers, Rod Connection
Points, Plates And Washers And Also Including One Coat Of Corothane Coating In Affected
Areas, To Be Reimbursed By Skyline Steel In An Amount Not To Exceed $19,230.00 And
Appropriating Funds.
Resolution 2008-028, Authorizing The City Manager To Enter Into A Purchase Agreement
With Potelcom Supply For Two 500 KVA Transformers, For A Total Amount Not-To-Exceed
$48,760.00.
Resolution 2008-030, Authorizing Matching Funds In The Amount Of $42,249 For The
Purchase Of Endoscopy Equipment For The Hospital, And Appropriating Funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
The Seward Senior Center was presented with a proclamation celebrating its 30 year
anniversary.
A Medical Laboratory Professionals Week proclamation was read.
A National Ocean Sciences Bowl proclamation was presented.
A National Library Week proclamation was presented.
A National Telecommunicator's Week proclamation was presented.
A Certificate of Appreciation was presented to Kevin Clark for his dedicated service on
the Seward Planning & Zoning Commission.
Borough Assembly Report. Borough Assembly Representative Ron Long stated the
Assembly met on April 1, 2008 and engaged in lengthy conversation, primarily about roads. The
Assembly failed an ordinance by a 5-4 vote to provide $100,000 appropriation for restoration
projects, but would be up for reconsideration on April 15, 200$. Long stated the Assembly was
looking to amend road standards, particularly the required 6 inch compacted lift required on Borough
roads to provide more drainage. A budget introductory hearing was scheduled for April 15, ?008
and would be revisited May 6 and 20`", but Long wouldn't be surprised if there were more.
C'r~~~ ~~/~Sewar~f, Alaska Ciry Council Minutes
4 „1 ~l 14, ?OUg Volume 37, Page 540
w.. City Manager's Report. City Manager Phillip Oates updated council on the recent
workings and projects happening in the City of Seward. Oates gave an update on Seward s recent
legislative funding accomplishments, which were as follows:
--Dredging for cruise ship dock: $4.5 million,
--Construction of levee road: $1.7 million,
--Long Term Care Facility: $400,000,
--Electric generators: $2 million,
--Pavilions: $195,000,
--Fish ditch: $65,000,
--Jesse Lee Home: $1,000,000,
--DOT public facilities maintenance: $3.3 million, and
--Full funding for AVTEC budget items
Oates stated the key was the city was able to show they could provide a match to each project.
In the Harbor Department, Oates reported the I&T dock construction project was progressing
nicely. The pile driving was scheduled to be completed this week and the dredging was to be
completed sometime this month.
The Finance Department successfully completed its audit on April 4, 2008. Christina Perkins
was hired for the Accounting Tech I position. Oates and Finance Director Kris Erchinger would
ire..
participate ~n an al l-agency meeting on Wednesday to resolve all remaining North Forest Acre Levee
issues. If successful, permits could be in place by the end of the summer to construct the levee. If
unsuccessful, the city would lose all remaining federal funding for the project.
Public Works' Nort Adelmann and the Seward Waste System were awarded the "Large
Water System Operator of the Year" and "Large Water System of the Year" awards by the Alaska
Waste Water Management Association. The fish ditch design was 50% complete, a plan to
outsource the repair of roads and potholes was in progress, and the department was gathering
materials and equipment for summer water and waste water projects. Public Works was also moving
forward with design work and coordination with the Kenai Peninsula Borough for the new water
storage tank.
The animal shelter was closed temporarily for observation of possible distemper virus. The
nMV opened April 1, 2008 and was running smoothly.
(n other areas, Oates stated the city's concerns with Seward Bear Creek Flood Service Area
1~ lood Plan, but that he expected a resolution approving this at the next meeting. Oates was in the
process of developing a request for proposal for cruise ship passenger and crew bus transportation in
Seward. There would be a nuclear power presentation on Wednesday, April 16, 2008 at 6:30 p.m.
The city manager would be traveling to Seattle next week with the Chamber Director, the Vice
Mayor and other Seward representatives to meet with cruise ship and freight companies.
City of Seward, Alaska City Council Minutes
Apri114, 2008 Volume 37 Page 54l
Seward/Bear Creek Area Flood Service Board Report. Randy Stauffer stated the
SBCFSA met last Monday and noted the board had been doing small projects around Seward's
watersheds, mostly outside city limits. Public Works Director W.C. Casey came to the board with
city projects inside the city. Stauffer was happy to report the board reviewed them and authorized
funding up to $27,000 for the suggested projects. The board had a report from KPB Projects
Director Kevin Lyons, where they found their permitting ability had slowed considerably, and Lyons
would be of assistance. This would affect current city projects such as Resurrection River
maintenance and Stauffer welcomed Lyons' expertise. Lastly, Stauffer noted the approval of the
flood mitigation plan was intended to be on tonight's agenda. He gave some updates on the plan
from the board's perspective:
Their primary responsibility was to come up with an area wide flood mitigation plan. A plan
was published in 2005, but the board was informed by FEMA that it did not meet all their rules and
therefore was not compliant. The board secured a grant to improve the plan to make it FEMA
compliant, which they had been working on for the last several years. The plan that was to come
before the council was now approved by FEMA, and the KPB Assembly. Part of the grant stated it
needed to be approved by all surrounding government agencies for funding, and the City of Seward
was the last to adopt. Stauffer emphasized that time was of the essence, and the funding would run
out this month if they did not receive the necessary approval. Stauffer would appreciate i f counc i 1
would review and approve this plan as soon as possible.
Other Reports, Special Presentations -None
PUBLIC HEARINGS
Ordinances For Public Hearing And Enactment
Ordinance 2008-004, Amending Seward City Code 6.10.325(A) And 6.10.135, Limiting City
Business License Requirements To Successful Bidders/Proposers. 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.
Motion (Bardarson/Smith) Enact Ordinance 2008-004
Oates gave a brief summary of the reasoning of the ordinance. It was to simpli fy the process
of bidding and proposing.
Motion Passed Unanimous
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 Official Financial Disclosure Law) Relating To Disclosure Statements
And Conflicts Of Interest, And Establishing Local Guidelines. 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.
(~i» ~~l S~~i~~rrrr/. Alrr.ti~krr City Council Minutes
a~»~i/ 14. ?(l (18 Volume 37, Page 542
Motion (Bardarson/Smith) Enact Non-Code Ordinance 2008-005
Oates stated this was to decide whether to put this issue on the ballot, as this exemption was
required to go before the voters of Seward. Council and the Planning and Zoning Commission had
expressed the state required forms were too intrusive and created an unfair competitive disadvantage
for public officials that were business owners.
Dunham was uncomfortable with this process. He understood the reasons for changing the
financial disclosure requirements, but would feel more comfortable to have the suggested disclosure
forms as a part of the discussion. He felt it would give the public a full opportunity to see what the
council wanted to do instead of comply with the state requirements. Dunham thought the form the
city was required to use prior to 2008 was an acceptable form.
Oates did not think the action taken tonight precluded the next step Dunham was concerned
about. Examples were included in the packet. Tonight's decision was just to determine if the issue
should go on the ballot. Oates was prepared to bring back a suggested form at a later time for
council to approve.
Smith didn't have a problem on how the ordinance was worded for enactment this evening,
and thought the council should have a work session to determine what the financial disclosure
statement form would look like. Bardarson agreed, and wondered if something should be placed in
i~ the bal lot language to show that other communities have opted out of the state requirements as well.
Motion (Bardarson/Dunham) Table Non-Code Ordinance 2008-005
Corbridge, as he understood it, noted the intent was to have staff work on the language in the
ordinance and proposition and have a work session to create a proposed disclosure form to
accompany the ordinance.
Oates felt council didn't need to link the two issues of putting this item on the ballot and
what the new disclosure statement form should look like. The question on the table was if the city
wanted to put this to a vote of the people.
After discussion, Bardarson and Dunham withdrew their motions to table the ordinance.
Motion to Amend (Smith/Bardarson)
Amend Non-Code Ordinance 2008-005 by
deleting Sections 2-5 and add language "if
approved by voters at the regular
municipal election of October 7, 2008" to
Section 1
After clarification from the Acting City Clerk, Smith and Bardarson withdrew their motions
to amend the ordinance.
Motion to Table (Bardarson/Dunham) Table Non-Code Ordinance 2008-005
City of Seward, Alaska City Council Minutes
Apri114, 2008 Volume 37, Page :543
Motion Passed
(this motion really was to postpone the
agenda item to the following meeting)
Unanimous
Council, by unanimous consent, directed staff to bring this item back to the April 28, 2008
meeting with language that mentions the other cities within the state that have exempted from
this requirement and have a work session on this topic.
Council recessed at 9:09 p.m.
Council resumed at 9:16 p.m.
Resolutions Requiring A Public Hearing
Resolution 2008-026, Authorizing Termination Of The Existing Lease With Gerald Lorz As
Assigned To Daniel And Linda Lorz And Authorizing The City Manager To Enter Into A New
Lease With Juris Mindenbergs For Lot SA, Block 1, Seward Small Boat Harbor Subdivision,
Plat No. 2000-19 In The Seward Recording District, Third Judicial District, State Of Alaska.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Ron Hewitt stated the original proposal provided by the city was for five years, not subject to
renewal, and required that the property be used for a retail business no later that January 1, 2t)O9.
Hewitt requested the city manager get involved and discussions ensued to extend the lease to 3()
years, the "not subject to renewal" language was removed, and it was agreed that the use of the area
would be harbor related. Hewitt noted the surrounding parcels have lease terms of 30 years at a
minimum with 2 or 3 renewable options of 5 years each. He hoped to have the same parity as well.
He thought it would be inappropriate to terminate the Lorz' lease if Mindenbergs was unable to agree
to the city's terms of lease.
Motion (Valdatta/Bardarson) Approve Resolution 2008-026
Oates stated the present lease ran until 2018. The Mindenbergs wanted a 30 year lease and
staff agreed a long term lease was important. The lessees were presently using this building for
storage, and the city was reluctant to allow them to use the property for storage. The city wanted to
give a certain period of time, and then the lessees must use the land for harbor related retail purposes.
Community Development Director Bob Hicks stated during negotiations, staff discussed
the term of the lease and there was no discussion of renewable options. There was an agreement in
place within the lease for storage use for a certain period of time only. The 30 year use was put in
and council had the option to add extensions. It was not recommended by staff necessarily, but
council had that option. There were some serious problems with access to the back of the building
and surrounding buildings and Hicks felt giving the lessee the property for more than 30 years would
be problematic in solving these access issues. w.~
Valdatta thought they should put the extension terms in.
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' Bardarson noted that currently the old Bardarson studio had access because it was leased by
the same operators. If the property in question was sublet out to someone else, there would be no
access. She wanted to add another section to the resolution.
Dunham wasn't necessarily in agreement with a termination of a lease where improvements
had been made and a business was established. The way this property was laid out did create a
problem with access. Access was not an issue at this time, but it could become problematic if it was
sublet. The other issue Dunham had was he didn't think it was the policy of Seward to have a lease
cut off date without renewable options. He didn't feel comfortable establishing such a policy and
didn't want the statement "not subject to renewable options" in the agreement. Dunham felt they
needed to come up with an alternative. The other thing he would like to see the city do was figure
out a way for access on this property. All access in this area had been a problem. He didn't think a
short piece of alleyway as access was appropriate.
Smith agreed access to this property had always been a problem. He didn't think there was
anything wrong with renewable options, but did agree they needed to fix this access problem.
Oates stated neither Hicks nor he remember a discussion of extending options with the lessee.
He thought it would be the best approach for council to direct staff to renegotiate.
Bardarson offered possible notice language to require access in the resolution.
..~.
Smith thought if the city gave renewable options, maybe Mindenbergs could offer an access
agreement.
Motion Failed
Unanimous
Council directed staff to bring back with 2 five year extensions and negotiate access.
Other Items Where Public Hearing Was Requested
Ordinance For Introduction
Ordinance 2008-006, Amending Seward City Code Table 15.10.220. Development
Requirements To Decrease The Front Setbacks In The Industrial Zoning District From 20 Feet
To 10 Feet. Notice of the public hearing being posted and published as required by law was noted
and the public hearing was opened.
Motion (Bardarson/Dunham) Introduce Ordinance 2008-006
Carol Griswold, gave a power point presentation on the ordinance before the council.
Griswold spoke in opposition to this ordinance.
Council suspended the rules by unanimous consent to allow Griswold five more minutes to
finish her presentation by unanimous consent.
City of Seward, Alaska City Council Minutes
April 14, 2008 Volume 37, Pctge 545
DJ Whitman, stated industry was what made this town function. The city itself had brought .r
problems with this. The Leirer Industrial Park was developed years ago with zero lot lines with
adopted regulations from Soldotna. Whitman was in favor of this ordinance. The key issue was that
Leirer Industrial Park should be separate from the Industrial Zone, and recommended council enact
this ordinance.
Oates stated when the city talked about a setback it was important to remember they were not
talking about utility easements or parking or anything else. Bob Hicks said this came to council as a
matter of policy because he had to deny Ace Hardware's request for a temporary structure because
they were within 20 feet of the highway. This issue was brought up in 2004; and the Planning and
Zoning Commission approved it. It then failed at council by a close vote, so Hicks felt it would be
appropriate to revisit. Public Works and Electric opposed this change, simply because things were
easier to enforce with a twenty foot setback. Oates added this was an ordinance for introduction only
tonight. Part of the reason it was opened up for public hearing tonight was because Planning and
Zoning would be faced with this issue tomorrow, so the item was being fast tracked, and staff felt
they should offer more public opportunity to speak.
Dunham was in favor of this ordinance. Smith thought the area was a mess and the
grandfather laws should be revisited, as they were too strict.
Motion Passed
NEW BUSINESS
Ordinances For Introduction
Yes: Bardarson, Valdatta, Smith, Dunham
No: Kellar, Corbridge ~....
Ordinance 2008-007, Amending Seward City Code Sections 2.10.030 And 2.10.031 To Start
City Council Meetings At 7:00 P.M. And Set Adjournment No Later Than 10:30 P.M.
Motion (Bardarson/Smith) Introduce Ordinance 2008-007
Smith wanted everyone to think about this in regards to what this change would do to their
work sessions.
Valdatta stated he would just as soon to go until 11:00 p.m.
Dunham was opposed to the change and didn't see the reasoning. He felt council should
either make a rule to go until the agenda was completed, or go until midnight.
Bardarson liked the change, and supported this ordinance. Much of the viewing public had
expressed to her they didn't watch past a certain hour. Kellar agreed that it might be more
accommodating for the working council members and working public.
Motion Passed Yes: Kellar, Smith, Bardarson, Valdatta,
~rn ul~S~ward, Alaska City Council Minutes
4/~ri! !4, ?OU8 Volume 37, Page 546
Corbridge
No: Dunham
Ordinance 2008-008, Amending Seward City Code Title 2, Section 2.30.325 Powers And Duties
Of The Port And Commerce Advisory Board.
Motion (Bardarson/Smith) Introduce Ordinance 2008-008
Oates stated this ordinance simply brought the title of the board to all areas of the
community. Smith and Valdatta didn't understand what this was doing. Oates stated this was the
counci 1 following PACAB's recommendations to further expand their responsibilities in Seward, not
just limiting to the port side of it.
Dunham didn't think it was appropriate to add "improving quality of life and protecting the
public's best interest."
Kellar didn't see anything wrong with this change. Bardarson thought it would broaden their
range of what the Board could do.
Motion to Amend (Dunham/Smith)
Amend Ordinance 2008-008, striking
language "improving the quality of life and
protecting the public's best interest" in
Section 1, subsection 3
Motion to Amend Failed
Main Motion Passed
Resolutions
Yes: Dunham, Valdatta, Smith
No: Bardarson, Kellar, Corbridge
Unanimous
Resolution 2008-029, Authorizing The City Manager To Make Repairs To A 1999 F-250
Service Truck, For An Amount Not-To-Exceed $20,000.00.
Electric Utilities Manager Tim Barnum explained why this was a necessary cost. The
vehicle in question had been exhausted in its usefulness. To make it usable, there was an extensive
list of things to he repaired for use over a year. He did receive a list of estimates from the dealer,
which was included in the packet for the council to review. Since they had to tow it, he felt they
should make all the repairs while they had it in the shop. This was heavily recommended, mainly
because the department really needed to have two service trucks running at the same time.
Motion (Valdatta/Bardarson) Approve Resolution 2008-029
.. Valdatta thought this was wasting money for a vehicle that would only last a year anyway.
He thought the department should just replace the vehicle. He thought the original resolution to
purchase a new truck should be reconsidered.
City of Seward, Alaska City Council Minutes
April 14, 2008 Volume 37, Page 547
In response to Kellar, Barnum noted it had over 120,000 miles and it was a gasoline truck.
Since ownership, Barnum noted damage to the passenger side door, and he guessed the other
damages were due to backing into things. The problems with the airbag system were unknown, and
they estimated it to be at least $2,000.
In response to Smith and Kellar, Barnum said a lot of the problems were let go because they
were planning to replace the vehicle, which was budgeted in the budget in 2006. General
maintenance was performed, but the problems became too expensive to fix, so they planned on
replacing it.
Dunham thought they should table this.
Oates said they should fix it or replace it. Valdatta felt they should replace it tonight.
Motion to Postpone (Dunham/Valdatta)
Postpone Resolution 2008-029 to the April
28, 2008 Meeting
Motion to Postpone Passed
Unanimous
Resolution 2008-031, Authorizing The City Manager To Establish Bond Reserves As Legally
Mandated For The 2008 Long-Term Care Facility Revenue Bonds, Identifying The Source Of
Funds For Utility Infrastructure, And Appropriating Funds.
Motion (Dunham/Bardarson) Approve Resolution 2008-031
Oates stated this appropriated funds to the bond reserves for the Long Term Care Facility.
The city was required to have this reserve in the amount of $l.9 million. He listed where these
amounts would be coming from.
Motion Passed Unanimous
Resolution 2008-032, Authorizing The City Manager To Enter Into A Contract With Unit
Company To Provide Onsite And Offsite Construction Services To Construct A New Long-
Term Care Facility, In An Amount Of $20 Million Dollars, Provided The Final Contract
Including Change Orders Will Not Exceed $22 Million Dollars.
Motion (Dunham/Bardarson) Approve Resolution 2008-032
rr
Oates stated the negotiations went very well and Bob Hicks said after three and a half weeks
of negotiating, they were down to a point where the city could afford the project. There were some
smaller scale negotiations that would need to be smoothed out, but the city was confident it could be
worked out and a notice of intent to award would be appropriate, followed by a qualified notice to
proceed. r.r~l
Citti~ o~~Seward, Alaska City Council Minutes
April l4, Z008 Volume 37, Page 548
Valdatta said UNIT Company built Safeway and they were familiar with the city. Hicks said
UNIT came out as a very clear top qualifying contractor. In response to Smith, Hicks said they
+~..
interviewed project managers last week, and noted they would be working for the architect, not for
the city and expected that hiring to occur in the next week or two.
[n response to Valdatta, the architecture firm went out on the initial project manager search,
and came back with a qualified individual who the city was satisfied with and would report to the
City of Seward to provide daily interface with the city project staff.
Motion Passed
Unanimous
Other New Business Items
Council scheduled a work session with the Port & Commerce Advisory Board to go over their
priorities on May 12, 2008 at 6:00 p.m.
Council re-scheduled the work session to discuss the International Building Code (IBC),
International Mechanical Code (IMC), International Fire Code (IFC), International
Residential Code (IRC) and The National Electric Code (NEC) before their proposed adoption
to May 7, 2008 at 7:00 p.m.
The discussion of the January, February and March City Financials was postponed to April
28, 2008.
The discussion of the Recent Railbelt Talks was postponed to Apri128, 2008.
Council appointed Willard Dunham to be a representative and participate in the Mini-Value
Analysis of the Mary Lowell Center.
INFORMATIONAL ITEMS AND REPORTS (No action required
The 2007 Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan.
COUNCIL COMMENTS
Valdatta thanked the water department for notification on the escalator.
Dunham congratulated the Senior Center on their 30th anniversary. He would like council to
thank our legislators for their support, and noted the governor did proclaim and established Seward
as the Mural Capital of Alaska.
Kellar noted the high school was putting on a production this week and encouraged the
community to go see rt.
CITIZENS' COMMENTS
City of Seward, Alaska City Council Minutes
April 14, 2008 Volume 37, Page 549
Kevin Clark recommended the council look at the city's ordinance on the conflict of interest
section. It seemed better to clarify this regulation rather than require all income.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Oates congratulated council for getting through the lengthy agenda tonight.
ADJOURNMENT
The meeting was adjourned at 11:00 p.m..
ohanna Dollerhide, CMC Clark Corbridge
Acting City Clerk Mayor
(City Seal)
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