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HomeMy WebLinkAbout01122009 City Council MinutesCrry of Sex~ttrd, Alcati~ka City Council Minutes January l2, 2009 Vohnne 38, Pa ~e 1 CALL TO ORDER The January 12, 2009 regular meeting of the Seward City Cotmci 1 was called to order at 7:00 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY Lieutenant Butch Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard Dunham presiding and Bob Valdatta Betsy Kellar Jean Bardarson Marianna Keil Tom Smith comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -Mayor Clark Corbridge CI'TIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSF. ITEMS SCHEllULED FOR PUBLIC IIEARING Carol Griswold, spoke in opposition to passing Resolution 2008-131. She thought there were many more worthwhile projects that could utilize this grant money. Griswold stated no matter how much money was spent, hood waters would still rage down this corridor to the lagoon. She urged the council to reconsider and postpone the resolution until more rescarch was completed or after the borough hydrologist could examine it. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Bardarson) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: Resolution 2009-003, Urging the Alaska State Legislature To Modify, Based On Science, The Standards Governing The Discharge OfCruise-Ship Wastewater By Using The Criteria'I'hat Apply To Municipal Shore-Based Wastewater Facilities And All Other Vessels Transitting Alaska Waters. City of Seward, Alaska Ciry Council MintNes Janua~ti 1 ~ X009 Voheme 38, Page 2 Resolution 2009-004, Supporting The Application For Special Designation As A Preserve America Community For Seward. Resolution 2009-005, Authorizing The City Manager To Apply For The Municipal Harbor Facility Grant, Utilizing $l.5 Million In Existing Project And Grant Funds, As The Required Match. The December 8, 2008 regular city council meeting minutes and the December 8 and 9, 2005 city council special meeting minutes were approved. Per SCC 2.30.330, council approved retaining the Port and Commerce Advisory Board in existence through January 2010. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A Powerpoint Presentation Was Given By Bill Popp, President And CEO Of Anchorage, Economic Development Corp (AF,DC) On A New Online Interactive A'Iapping Program And Partnership. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly had to postpone the AVTEC parcel strictly to meet the notice requirements and would hear this on January 20, 2009. An ordinance to change the requirements for special assessment for roads so new construction roads could qualify for assessment districts, but not be qualified for matching funds, was introduced. This failed because more questions needed to be asked of the road employees. He thought the Assembly would bring this back at another date. Long stated there was lively discussion on utility special assessment district to extend an Enstar gas line. Long voted against this because of inequities and he felt it barely met the threshold of the required number of parcels needed. This also would subject the properties to foreclosure if the properties failed to pay the assessments. He stated Ben Ikerd was appointed to the Moose Pass Advisory and Planning Commission, and the finalization of the borough priorities list would be on the next meeting agenda. Long mentioned the Bcar Creek fire station upgrade was listed as a priority for the economic stimulus package being sent to Washington D.C. He thought there might be more funding eventually for the spruce bark beetle program. City Manager's Report. City iVlanager Phillip Oates stated Governor Palin had appointed Kristen Erchinger to the Alaska Retirement Management (ARM) Board. Parks and Recreation completed a successful Wells Fargo Basketball Tournament last weekend and was continuing ice maintenance on Second Lake. Oates stated he received confirmation from Murkowski and Begich's offices for the federal economic stimulus request. • Community Development. The Planning and Zoning Commission had approved their Commission Rules of Procedure. Sandie Roach' was elected Commission Chair. A conditional user permit was issued to CIRI Alaska Tourism Corp. dba Kenai Fjord Tours to construct and operate a 16 room employee bunkhouse, another extension was issued to Tom and Lori Swann for development of their 11 room hotel, and the Commission recommended council and borough approval of the AVTEC Replat. Community Development Director City of Seward, Alaska Ciry Council Mi~u~tes January 12, 2009 ~olurae 38, Pa e 3 Christy Terry attended an organizational meeting of the Kenai Peninsula Borough wide conference and Contract Administrator Bob Hicks attended FEMA training and brought ~.. information back for City and Flood Board staff. This department was also working with AVTEC on their cafeteria and Culinary Arts expansion project. • Electric. The remaining staff was working hard to lulfill the responsibilities of the department without their Department Head. Applications were being reviewed. The police department was also reviewing applications for the DMV/administration assistant position. • Other Departments. Public Works was working on preventive maintenance issues and noted the snow blower parts were being built and should arrive this month. The Wastewater crew had been responding to freezing water pipe requests, year end permit reporting, EPA and ADEC issues, and repairs of the SM1C lagoon. MIS was working on the wiring for the PBX infrastructure in preparation for installation of the telephone system by TelAlaska. The Harbor staff had completed processing of the 2009 moorage agreements for slip-holders and stated approximately 50 slips would be issued to the 315 individuals on the waitlist. Platting of a section of land in the NE harbor was being facilitated for platting for potential relocation of the USCG building, and the annual Polar Bear Jump Festivities would occur on Saturday, January 17, 2009. Oates contacted the USPO and asked for a mural to be placed on their building. City Attorney's Report. City Attorney Cheryl Brooking stated her report ran through December 20, 2008. The attorneys had provided advice and worked on proposed contracts, .~ resolutions and ordinances and worked on administrative and employment issues. The North Forest Acres levee road project and SAAMS lease were other items worked on. The firm represented the city on the arbitration with Seward Ships Drydock, and otherbrieiings had been completed for the 9`~' circuit and were just waiting on the court. Prison bonds were still in the works and the city was now waiting on paperwork and decisions loom the state. Port and Commerce Advisory Board Annual Report by Ron Long. Some issues that did not come to the city council were: forming a Harbor commission, LNG deliveries to Seward, a barge line, multi level parking garage for the harbor area, coal dust issue, SMIC upland boat policy, whether to downsizc, permit, privatize, etc. He appreciated the level of support the board received from the Administration in the past year. The Board was working with the Chamber on economic development and growth issues. Council took a five minute recess. PUBLIC HEARINGS Resolutions Requiring A Public Hearing Resolution 2009-001, Authorizing The City Manager To Complete A Land Trade With The Alaska Vocational Technical Institute (AVTEC) Block 15A For City Owned Block 6A. .._. Oates stated this issue was fairly complex and had been in the works for two years, dating Ciry Council Minutes City of Sewm~d, Aluska /anu~n} 12 X009 Volume 38, Pa e 4 back when AVTEC built their learning center. He noted there were easement and gas line issues and that this required not only city but borough action. The Seward Planning & Zoning Commission ,,,,.,, recommended a bigger land trade with AVTEC, but he thought it was a complex equation. With passage of this resolution, Oates stated aright-of--way would be dedicated, easements would be cleaned up, and the city would have access to the park behind the facility. Community Development Director Christy Terry, stated the two key benefits was the legal access to Two Lakes Park and to continue support of the educational goals for AVTEC. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Dick Harrel, thanked the community for their support of AVTEC. He stated there were three buildings on this property. He noted when S Street was vacated, another issue was created. He thanked everyone who worked for two years to clean up all the issues. AVTEC wanted it vacated and all platted together. Harrel said this swap insured the community would have access to Two Lakes Park. He mentioned the northern edge of the property was chopped off so the city could have access to the park. He asked for council support to get AVTEC under one property. Kim Mahoney of DOT/PF, had been involved with this project for 3.5 years, as her role of project manager for state facilities at DOT. She stated there were issues with B Street and she was present to answer questions. Mahoney stated the property was state owned and not owned by AVTEC. Carol Griswold used the park daily and thanked the staff for clearing up the issues and freeing access to the landlocked park. She thanked all. Motion (BardarsonlSmith) Approve Resolution 2009-001 Kcil thought property swaps should be looked at in the future and was happy with access to the park. Smith had been involved with P&L for many years, and just wanted permanent access guaranteed. Kellar thought this was awin-win situation and wanted this into the city codes. Motion Passed Unanimous Resolution 2009-002, Recommending Kenai Peninsula Borough Approval Of The Federal Addition AVTEC Replat, A Resubdivision Of Blocks 6 & 15, Federal Addition. Community Development Director Christy Teny stated this was the first step to consolidate the AVTEC facility on 2°`i Avenue into one state-owned and managed trait. Once this re-plat had •~ both council and borough approval it could go forward for the plat exchange. City ofSew~arrl, Alaska City Council Minutes January ~2, X009 Volu»ae 38, Pake 5 1~loticc of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Keil) APProve Resolution 2009-002 Motion Passed Unanimous Ordinance Requiring A Public Hearing Ordinance 2008-020, Amending Various Sections Of The Seward City Code To Kequire The City Of Seward Provide A Biennial Budget Beginning Fiscal Year 2010. Oates informed that this was passed by a vote of the public at the October 2008 election by three votes. This would focus on long term budget planning and improve efficiency and free up staff time. 2010 and 20l 1 would be the first years ofthis biennial budget. He reminded council that all amendments to the budget would still come before the council to amend information and assumptions. He recommended enactment. Notice of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Kellar) Motion Passed Enact Ordinance 2008-0211 Unanimous UNFIMSHF,D BUSINESS Item For Reconsideration Motion (Kellar/Keil) Reconsider Resolution 2008-131 Kellar mentioned she couldn't sleep after this last vote. She felt like she needed more information. She went to the hood board and received some new information. They wanted to be able to evacuate the upper roads and be eligible for FEMA dollars. She did not think the $30,000 culvert would take care of the problem. The Flood board wanted the city to take this money and project, but she was not sure this was the best use of the money. Smith and Bardarson weren't sure this would fix the problem either, but stated it was a start. Oates stated this resolution would assist wilh future flooding and begin looking at road damage problems. Motion to Reconsider Failed Yes: Keil, Kellar No: Bardarson, Valdatta, Smith, Dunham NEW BUSINESS Ciry of Seward, .Alciska City Council Mirndes Janual ti / ~ 2009 Volu~rte 38, Page 6 Ordinance For Introduction Non-Code Ordinance 2009-001, Temporarily Increasing The Stipend For The Vice Mayor And Setting The Effective Dates. Motion (Bardarson/Valdatta) Introduce Ordinance 2009-001 Vice-Mayor Dunham declared a conflict of Interest and handed the gavel to Senior Council member BobValdatta. IVlotion Passed and Set for Public Hearing Yes: Keil, Bardarson, Kellar, Smith, Valdatta Abstain: Dunham INFORMATIONAL ITEMS AND REPORTS (No action requireci7 November Financials For Providence Seward Medical Center. COUNCIL COMMENTS Bardarson let the public know her computer had been down so she had not been receiving emails. Kellar stated the Nordic Ski Club had been doing lots of work in the Mile 12 area. Keil thanked the staff for the hard work on the AVTEC land swap. Smith also thanked the staff and thought it was a really good lesson on what happens when land issues are not cleaned up. Valdatta complimented Public Works on thawing pipes and thanked Christy Terry for helping with the tanks at the Long Tenn Care Facility. Dunham stated the new implementation for dock clearance was cumbersome and noted a cutoff date of February to get clearance. 1`Ie reminded everyone about the Polar Bear Plunge this weekend. Oates stated there was a problem with conducting record checks and they must now go to the State Troopers at the Kenai Lake Work Center. CITIZENS' COMMENTS Theresa Butts, had a difference of opinion with the administration on their wind turbine. She passed a diagram to the council. In the event she didn't use all of the power, small amounts would go back to the city grid. She thought she could sell power to the city and buy it back for retail. City of Seward, Alaska Ja~ruarr= !2, ?009 City Cn~atci! Minutes Volume 3R, Pa e 7 Diagram A was prohibited by the contract and she believed this was wrong on both counts. She said the city was discouraging alternative energy generation. Butts thought there were two outlets for the city to adopt. She did not think there was any legal barrier to diagram A. She wanted council to implement a more user friendly approach to these issues. COUNCIL AND ADMINISTRATTON RESPONSE 1'O CITIZENS' COMMENTS Kellar appreciated the diagrams and shared her passion for alternative energy issues. She thought eventually the state would pass laws for people to have their turbine. She wished her good lack and was sure it would happen. Smith thought diagram A proved to he more appropriate than diagram B. He wanted it resolved but thought the new director needed help in solving this problem and how Chugach approaches it in relation to our contract. Dunham stated this system was not simple and the legislature was going to address it this session. Oates stated the greatest concerns were safety to the workers. This needed the right equipment and switches to be safe for our infrastructure. The contract with Chugach limited the city on what we can do, including putting power back through the grid. There were complex policies from Dryden and Larne and they would be helping the city address them. Oates reported that net metering would be an Alaska-wide policy. He did inform there were two solutions out there today for self generation, and the SNAP program could be used. Another factor was ~~~ind power was dirty because it was not consistent, thus making it harder to manage. Oates noted the city was shorthanded in the electric department and that the main goal now was to keep the power on for the cold months with limited staff. EXF,CUTIVE SESSION Motion (BardarsonlSmith) Go Into Executive Session To Discuss Pending Arbitration Filed By Seward Ships Drydock With Regards To Their Lease. Motion Passed Unanimous Council went into executive session at 9:49 p.m. Council came out of executive session at 10:29 p.m. ADJOURNMENT The meeting was adjourned at 10:29 p.m. Cily of Seward, Alaska Januaiw /l, 12009 ~ ~, ~., Jean Le~iis, CMC City Clerk .~~° t~7af~p~~ (City Seal) ~$ ~fi 6v ~~:t 8, ^~ ~+~ ~~ C. ,' 'y 4+ +r 4 E_ y !.`, '. . ... .i ~~ ..~, ~ W S a~ A •r 4'!, 'Yj~~V d~ .,~4 'a ry .~{. d Y r ; . ~~4 r,'`~~yINBYEJrf~ •~9~ City Council Minutes Vohune 38, Page 8 r ~ liar ~Dun~f~am Vice Mayor