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HomeMy WebLinkAbout03232009 City Council MinutesCiry nfSewurd, ~f]nska City Council A~linutes Mm-ck 23, 2009 ~ahnne 38 Patie 37 CALL TO ORDER The March 23, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Clark Corbridgc. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridgc presiding and Willard Dunham Bob Valdatta Betsy Kellar comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -None Jean Bardarson Marianna Keil Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Ron Newcome, was concerned with any initiative that put fluoride in Seward's drinking water. He understood through a Wellness Group the administration would be relying on peer group recommendation. He did not believe it was the city water utilities job to provide medication or treatment, but should provide good drinking water. Newcome did not know why the city would be adding what some people saw as a poison. He thought fluoride should be an individual decision based on the recommendation by a person's health provider. He also thought there were other alternatives to assist the individuals who did not have money to pay for proper dental care. He mentioned individuals could get fluoride free from the local health nurse. After researching the pros and cons, he found that taking fluoride internally was a risky and unnecessary treatment and should be taken topically, not internally. Newcome noted if the city put Ruoride in the water and took this choice away from the citizens, they would have to install tumecessary equipment in their homes to remove it. John French, wished to be the city's representative on the Prince William Sound Regional Citizens Advisory Council (PWS RCAC) and supported Resolution 2009-017 on the agenda, which confirmed a rivo vessel escort system for tankers. This would lay the groundwork for more binding r legal action to change the statutes and approaches to the escorting system. French stated the best City of Seward, Alaska City Council Minutes March 2.?. ?009 Volume 3$ Pnge 38 way to avoid oil spills was to keep the of 1 in the tanker. He wanted all to remain vigilant and not be complacent in regards to these procedures. Amanda Johnson, a staff member with PWS RCAC, noted the 20`h Anniversary of the Exxon Valdez Oil Spill and cited all the precautionary measures and contingency plans thathadbeen put in place since then. Johnson stated there would bemulti-city commemorative events in Seward, Valdez, Kenai, Anchorage and Cordova, with Seward's being held at the IMS Rae building. There would bcvideo-conferencing with screen presentations, along with speakers Pam Tuomi and Darryl Schaefenmeyer discussing their experiences. The public was invited. Ron Long encouraged the council to attend the Yeosu City festival in Korea. He had attended in 1996 and thought it was time for Seward to build on that sister city relationship. He affirmed that relationships were taken seriously there and expressed the city's need to reciprocate. He had attended a council meeting while there and spoke of the tiered seating with the audience looking down on the elected officials. He recommended the city send delegates to attend this great festival. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Kell/Smith) Motion Passed Approval of Agenda and Consent Agenda Unanimous Resolution 2009-018 was removed from the consent agenda. The clerk read the following approved consent agenda items: The March 9, 2009 Regular City Council Meeting Minutes And The March 10, 2009 City Council Special Meeting Minutes Were Approved. John French Was Re-Appointed As The City Of Seward's Representative On The Prince William Sound Regional Citizens' Advisory Council Board Of Directors With A Term To Expire March 2011. The Restaurant Eating Place Public Convenience Liquor License Request For Oriental Garden, And The Beverage Dispensary And Package Store Liquor License Renewal For Tony's Bar And Tony's Liquor Store Were Approved. Resolution 2009-017, Recognizing The 20`h Anniversary Of The F.xxon Valdez Oil Spill, Supporting The Continued Practice Of Accompanying Each Oil Tanker Through Prince William Sound V4'ith At Least A Trvo Vessel Escort, And Supporting House Joint Resolution No. 19 And Senate Joint Resolution No. 11 Currently Before The Alaska Legislature. Resolution 2009-019, Authorizing The City Manager To Accept The 2008 Assistance To Firefighters Grant In The Amount Of $48,607, Plus Utilize $2,430.35 Already Budgeted As ~' Matching Funds, For The Purchase Of New Personal Protective Equipment, Extractor, Dryer And Station Modifications, And Appropriating Grant Funds. City of Sewtn d, Alaska City Council ,1~lirttues h~arch 2 i ~OOJ Volume 38, Prage 39 SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A welcome certificate was read for the Alaska Marine Safety Education Association. Sponsor Appreciation Night. A Proclamation was read for Tsunami Awareness V4reek. Borough Assembly Report. Borough Assembly Representative Ron Long stated he had been in Washington D.C. to present the borough priorities and legislative list. At the March 17, 2009 meeting, the Assembly decided they had a role and confirmed the appointment of the General Services Director. At the end of the process, the applicant was accepted by the Mayor. Long stated the Borough Mayor proposed an ordinance which put a moratorium for one year on flood areas which did not get introduced. Long introduced an alternative two-step program which created a new flood area district in non-mapped areas outside the city limits, as a short term solution to avoid the unmanageable and that established a development perniit requirement for in stream work for residences outside the FIRM maps. It would also establish a task force to take a more wide ranging look at rewriting the floodplain ordinance to be in sync with other subdivision and road service issues, while reducing risks for others. Long stated it was basically a consistency check to see if development was consistent with best management practices. Adoption was recommended by the Flood Service Arca Board and the Planning Commission, and they had three hearings with the Assembly. He thought the general consensus from the public in attendance was general buy in on what was trying to be accomplished. This would be up for adoption at the next meeting. In response to questions, Long stated it was one of the priorities of the road service area to connect Questa Woods to Camelot. He noted the Borough only recently was given the authority to construct roads. Long noted connecting roads were challenges the borough shared with both Homer and the Seward area. City Manager's Report. City Manager Phillip Oates stated the City of Seward was diligently working on economic stimulus by forming a task force, sharing knowledge, providing updates along with coordinating and offering letters of support to local non-profits and schools who intended to apply, enhancing the City of Seward's quality of life. Oates emphasized it was important to note that many projects listed may not qualify for funding sources. He stated grant preparation would have a very quick turn around, and that he may need council support for additional engineering and design work to prepare for some projects. Oates advised a "Wellness For All" group comprised of health and wellness individuals from the community would meet Wednesday, March 25, 2009 from llam-2pm with the topics for discussion being; health and wellness awareness, smoking cessation, obesity and fluoride. He would recommend this group as a Special Ad Hoc Citizen Advisory Committee on the April 14, 2009 council agenda for approval. Oates revealed the 3r`~ Annual Armed Forces Combat Fishing Tournament would occur May 21, 2009, with the City City ofSewm'd, Alaska City Council Mrnz~tes MarcFt 23, 2009 Volume 38, Pa e 40 paying the passenger head tax for the veterans participating in this event. He thanked all those who serve in the Anned Services. Oates also stated Dean Cottle had been hired as a mechanic/operator _. in Public Works and Jennifer Kain would be joining the staff as an Administrative Assistant in the Harbor. Oates stated a wellness group was established after a Providence survey of which he headed the group. Four committees were established with different topics with the purpose to gather information and see what, if anything could be done to make health insurance more readily available. He noted all would be in the public process and was good for the community. • Electric Utility. Oates stated the Railbett Utilities were making progress working through complex legislation and the generator project had design changes that would be brought back to council soon. • Community Development Department. Work continued on updates to the Zoning code, harbor code, harbor tariff and Ule Municipal Lands Plan with Bob Hicks. The initial update process and recommendations would begin with the Planning and Zoning Commission and include the Port and Commerce AdvisoryBoard priorto coming before Council for adoption. This department partnered with Public Works and submitted a letter of intent to apply for a Homeland Security grant in the amount of $720,000 to provide full flood mitigation for the Mill Slrect/Vista Avenue Area. The grant funds obtained from the Borough for this project provided the initial engineering necessary to apply for the grant. Staff included all the potential mitigation options for the area that could completely solve any potential flood impacts. Oates stated a Floodplain Development Pem~it was issued to Afoguak Construction to extract gravel from Japanese Creek on their property identified as KBP parcel # 14531038. Afognak provided all the documentation necessary, including the certification required by an engineer, to provide a positive deterntination. • Long Tenn Care Facility-Seward Mountain Haven. Rumors circulating that the project was exceedingly over budget were not true. Progress was going well. The current amount of approved change orders to UNIT amounted to $21,807,847.00, which was still $192,150.00 under the $22 million contract council approved. $128,468 of cost proposals and substitutions were still under review. Oates assured proposed changes were closely examined and scrutinized by the Project Manager. He slated future potential costs may exceed the approved $22 million contract limit by $50,000. Sidewalks had not been deleted from the project. Only a serpentine sidewalk betwccu the Wesley Coumions and Use Resident Homes was deleted. • Japanese Creek levee/road access. The City of Seward received notification from DOT that constructing the Japanese Creek levee/road access to the Seward highway was approved. Full appraisals had been completed. Fair pricing on the land began the process of offering prices to the landowners. City of Sewm-d, Alaska March 23. 2009 City Council Minutes Volume 33. Pace 41 • Librar .The Library Museum Building Committee was hosting a community meeting on Wednesday, March 25, 2009 from 5:30-6:30 p.m. at the library, to educate the community about an upcoming community survey to ascertain the level of support for the new facility. • Alaska Region Research Vessel (ARRV ). The Request for Proposal to select a shipyard to construct the ARRV was issued on March 19, 2009 by UAF Procurement and Contract Services. Oates notified the public of various events this week such as the siren testing, Alaska Division of Homeland Security and Emergency Management's Quake cottage, and the 20°i Anniversary of the Exxon Valdez Oil Spil] hosted bythe UAF Seward Marine Center. He also stated the legislature Failed to fund the revenue sharing program. Chamber of Commerce Report. Laura Cloward stated the gray whales were migrating. Shc spoke of the combat fishing tournament and wanted the connnunity to support the veterans. It appeared that smaller businesses that did not invest in marketing were showing up to an 80'% decliuc, with folks not pre-planning their trips. Airline flights would play a key role. Cloward explained that all four borough communities were represented on the Kenai Peninsula Tourism Marketing Council. She noted it was important to invest to bring visitors to Seward. She also explained that marketing money also supported the year round businesses such as web designers, printers, truckers, etc. Other Reports, Special Presentations ~- A Report was given by Jeff Bellinger of the ADF&G on Hunting and Firearms use within the city limits, and how the community could assist in limiting its contact with bears and regulate the hunting in their areas. Council took recess 8:40 p.m. Council reconvened at 8:45 p.m. NF,W BUSINESS Ordinance For [utroduction Ordinance 2009-003, Amending The Seward City Code To Permit The Use Of Firearms And Bows In Designated Areas In Accordance With State Requirements, And To Amend Ordinances Relating To Trapping And Use Of Weapons Within The City. (Introduced and set for- public hearing 4/13/09) Motion (Bardarson/Smith) Introduce Ordinance 2009-003 Oates stated there was no policy and wanted to have public conversation to see if some controls could be put around the issue of hunting and discharging firearnts within the city limits. Ciry of Seward, A&iska City Cow~icil Minutes Mmrh 23, 2009 Volume 38, Pa,Qe 42 There were a lot of bears in town last year and a lot of incidents Keil asked questions on who would be eligible for pcnnits and how would it be controlled. Police Chief Tom Clemons stated there would be safe areas designated within the city limits. People would have to get a hunting license. He stated with state regulations, the city could not now control where people hunt, but could control the discharge of firearms within the city's boundary. He reported the police department had 183 bear complaints they responded to last year. He hoped this ordinance would make it safer for the community and thought it was awin-win situation i f done right. Clemons explained a resolution with the designated areas would be corning before the council at the next meeting also. Smith voiced his concerns with discharging firearms within the community. Motion Passed and Introduced Unanimous Resolutions Resolution 2009-016 Authorizing The City Manager To Negotiate A Contract With Harmon Construction For The Construction Of The Adams Street Waterfront Pavilion For $312,000, Plus Authorizing Additional Project-Related Costs Of $33,000, And Appropriating Funds. (Laydown) Motion (Kell/Bardarson) Approve Resolution 2009-016 Oates stated after review with the city attorney, he had a laydown version that had added an additional whereas and changed some language, and asked for a special meeting on Friday to give the administration time to prepare the contract for final approval. Oates reminded council of the pavilion process, on how the cost was too high, that there had only been one bidder, and how it had been value engineered twice. Since that time, the State of Alaska had given $195,000, and the Alaska Sealife Center would donate S 150,000. Oates informed that no more money was needed and announced the staff had been overcome by projects on their plates. He stated through a labor of love, Harmon Construction had hired their own architect and was still the lowest bidder. Bardarson thought it would be a good idea for the city to contact the party who this pavilion would be named after to see if they had money to donate. Motion Passed Unanimous Resolution 2009-018, Opposing The Passage Of Senate Bill 129 "An Act Relating To State And Municipal Building Code Requirements For Fire Sprinkler Systems In Certain Residential Buildings". Motion (Bardarson/Dunham) Approve Resolution 2009-018 ~. Ciry ofSeward, Alaska City Cour:ci! Mir:utes Mmeh 23 2009 Volume 3$ Page 43 Fire Chief David Squires stated this bill took away a valuable tool for the cityplus increased costs. Tanker support would have to be added and more manpower, but more importantly for new .... home buyers, it could prevent some residential homes from being constructed because of the large debt it would cost. It also took away the City's ability to assist some home buyers with their costs and construction. Squires did not know the purpose from the sponsoring Senator. Dunham wanted this pulled from the consent agenda because he did not like to oppose abill without having discussion on it. He noted AML was opposed also. Ivlotion Passed Unanimous OTHER NEW BUSINESS Council Accepted the Letter of Invitation by the Mayor of Yeosu City, Korea to Attend Their Great Turtle Ship Festival May 2 To 5, 2009. Motion(CorbridgelSmith) Accept the Invitation from Mayor of Yeosu City Korea to attend their festival and send up to 5 delegates; Vice-Mayor Dunham, a member from Usibelli, a member from the ARR, city employee Mike Meeks and a teacher. $2,000 was appropriated from the city council promotions account to cover the cost of the Vice-Mayor's Air transportation costs. Motion Approved Unanimous Council Approved Sending Councilmember Kellar To The NLC Conference In Ohio, June 28-30, 2009. Motion (Corbridge/Bardarson) Approve sending Councilmember Betsy Kellar to the National League of Cities Conference in Ohia in June 2009 and appropriate $2,200 for Roundtrip travel. Motion Approved Unanimous INFORMATIONAL ITEMS AND REPORTS (No a~etaon regatiiret~ A year end report was submitted for Seward Parks and Recreation. A Schedule of dates was given for PACAB's 2009 Quarterly Reports to Council. 4"' Quarter Sales Tax Information. Work Sessions Scheduled COUNCIL COMMF,NTS - City of 5'ewarrf, Alnska City Council Minutes Marcle 23. 200> Volume 38, Pa e 44 Kellar mentioned she had taken a flight from Chicago to Anchorage and found an article about the Seward high school basketball team and she staled she was proud of the youth. She appreciated the support from the community and was very proud to live here and be a part of this community. Bardarson commended Christy Terry and her staff on the monitoring of Long Term Care Facility Project. She thanked businesses for sponsoring the combat fishing tournament which promoted Seward. Dunham congratulated the Seahawks on their basketball season. He thanked all volunteers and businesses that had given so much to the community. He mentioned he would love to respond to the woman who had questions on the E3oys and Girls Club, but did not have her phone number, so advised her to call him again. Dunham reported a stimulus veto by the Govemorwas tomorrow, and that the Small Business Administration had funds to assist small businesses. He was dismayed the Governor had also turned down the unemployment insurance, and wanted people to comment to her. FIe stated the ARRV shipyard request should he out in September and the ship had been lengthened. He thought the council members should assist and be program spokesmen for the economic forum and lastly, thanked the wellness people for their research. Smith thanked all the sponsors in the Parks & Recreation Appreciation Award and all the sponsors and businesses who assist with the veteran combat fishing tournament. Smith stated these people and businesses gave a lot and gave often. He was amazed how much community support was generated. Keil asked for an update on the Statehood Symposium in May. She too, thanked the sponsors and wanted the council to monitor the expenses carefully throughout the year with a 30% decrease sales tax in revenue predicted. Corbridge stated the fluoride issue would be a very public process and he wanted the vituperative comments to seize because they were inappropriate. He stated the clerk was caught in the middle and the victim of the crossfire and urged people to ease up a little. CI'CIZENS' COMMENTS John French was glad Council Member Kellar would be going to the National League of Cities Conference (NLC). French had concerns and noted there were othercommunities and entities wanting to homeport the ARRV. He stressed how important it was to keep that vessel stationed in Seward. He also had grave concems with hunting in the city. He appreciated the Police Chief clarifying the usage of firearms and other weapons within the city, but felt strongly about having hunting areas within the city. French knew of three people who died from hunting accidents. He wanted the city to take a serious look at this and fix only what needed fixing. He thought it was a bad idea. Cheryl Brooking stated a written report was presented and would be distributed by the city clerk. She wanted to inform the council of another aspect of the stimulus bill which had provisions City of Sex~ard, Alaska City Council Minutes Na~c h ~3 X009 Volwne 38, Page 45 for municipal bonds. Congress created `Buy America" bonds, which were only good for two years and came in two types. First, bonds must be for tax exempt debt If qualified, a taxable "Buy '~`~ America' bond could be issued which provided tax credits. The second type provided a federal subsidy with the government paying 35% of the payment. Brooking stated these had a short time frame, were brand new and she wanted the council to know about it. COUNCIL AND ADMINISTRATION RESPONSE TO CITI7.ENS' COMMENTS Dunham clarified his comments on the MAP program. Smith stated in the past, there had been a lot ofpressure on the Dean of the University to put a MAP agent in Seward, but could never gel it passed. He thought Seward was the appropriate place because of all the marine infrastructure in place here. Keil had also lost a classmate who was mistaken for a bear on a clear trail. She was very sensitive to the issue of hunting within the city and appreciated Mr. French's comments. ADJOURNMENT The meeting was adjourned at 10:12 p.m. i, ; Jean Lewis, CMC Clty Clerk ~~a~~~acRSr~~~®~~ e ,~ .~^~~..a. @ P ~ (City Seal) ~ ~~r~ ~' '"`~. ~,;:%, ,.;~ r $"~ ~... ~ i~,_r :. 3 ~ ..... +y..,s V dl ~~ ~- ~ i Clark Corbridge Mayor ~k •*~~" s~ 1 ~i•~~ a ~tj~a y k1YiYLL~~egs ~~•ppll,,~~