HomeMy WebLinkAbout08102009 City Council MinutesCity of Seward, Alaska City Council Minutes
August 10, 2009 Volume 38, Pa e 132
CALL TO ORDER
The August 10, 2009 regular meeting of the Seward City Council was called to order at 7:00
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
Jean Bardarson Betsy Kellar
Bob Valdatta Tom Smith
Marianna Keil
comprising a quorum of the Council; and
Kirsten Vesel, Assistant to the City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
ABSENT -None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Rob Buck was one of the final two candidates for the Port & Commerce Advisory Board
vacancy, and again stated he had lived in Seward 9 '/2 years and was the father of two small girls. He
was at a point of his life to give back to the community and was interested in the future of Seward.
He noted no special interests, thanked the council for their consideration, and wished Russ Maddox
good luck.
Russ Maddox was also applying for the Port & Commerce Advisory Board vacant seat and
hoped for council consideration. On another note, he informed that DEC had accepted a permit
from the Alaska Railroad to use pesticides. Maddox reminded this was opposed by the public and
citizen advisory board a few years back, with the most recent time voted down being 2006. He
stated every community and borough had a resolution against herbicide, and named the boroughs.
He said Seward was opposed to this spraying in 2006 because of the proximity to city wells. Even
with this opposition, Maddox informed that the University of Alaska Fairbanks had approved an
herbicide test study, and the Seward railroad was then sprayed as a test site. He urged people to
attend the Railroad's public hearing tomorrow on herbicides, and thus was compelled to apply for the
PACAB vacancy so he could assist in getting information out to the public.
City of Seward, Alaska City Council Minutes
August 10, 2009 Volume 38, Page 133
Dave Hamner, lived on 2"`~ Avenue and had applied for the Historic Preservation
Commission appointment. He came before the body so council could put a face with the name and
hoped for their approval. He had a strong engineering background, was a collector, enjoyed
historical aspects and had purchased a 1908 Ed Ramsey home in Seward. His family had been
wishing to move to Seward for decades because of the town's sense of history and historical
presence. Hamner would enjoy working on this commission and thought it would be fun to be a part
of.
Paul Carter, spoke in support of the short-term lease with Godwin Glacier Tours. He noted
some information and pictures had been sent which were not becoming, and said this came from
competitors. Carter stated his company had applied for along-term lease at SMIC as well and would
not run any helicopters from the SMIC area. He said this area was needed for winter storage of gear
from the glacier. He noted this company was a good community partner and mentioned they had
recently teamed with the fire department, by saving lives and rescue missions. This company was
willing to put their resources at risk to be a valuable member of the community and wished for a
long-term lease after the 120 day lease.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Keil) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The following was added to the agenda:
The City Attorney Report and a Railbelt Utility Update by Vice-Mayor Willard Dunham.
Resolution 2009-071 was pulled from the consent agenda and Resolution 2009-076 was added
by unanimous consent to the consent agenda.
The clerk read the following approved consent agenda items:
The July 13 and July 26, 2009 Regular City Council Meeting Minutes Were Approved.
L. David Hammer Was Appointed As A Historic Preservation Commission With A Term To
Expire In May 2012.
Resolution 2009-072, Accepting Reimbursable Historic Preservation Travel Grant And
Appropriating Funds.
Resolution 2009-073, Authorizing The City Manager To Execute A Grant Agreement Between
The State Of Alaska And The City Of Seward For The Purpose Of Reconstructing And
Installing Four Historic Planters In Hoben Park And Appropriating Funds.
Resolution 2009-074, Accepting An Alaska State Library FY2010 Interlibrary Cooperation
Follett Upgrade To Destiny Grant Agreement For $4300 For The Purpose Of Upgrading The
City of Seward, Alaska City Council Minutes
August 10, 2009 volume 38, Page 134
Seward Community Library Catalog Software.
Resolution 2009-076, Authorizing A No-Fault Settlement With Seward Ships Drydock In The
Amount Of $7,584.78 Related To An Electric Power Claim, And Appropriating Funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A Memoriam Was Read For Devoted Alaskan Lu Young.
Seward Was Awarded The "Preserve America Community" Certificate By President
And First Lady Obama.
A Proclamation Was Read For Founder's Day.
A Lost Lake Breath Of Life Run In Support Of Cystic Fibrosis Proclamation Was
Read.
Borough Assembly Report. Borough Assembly Representative Ron Long -Not present
City Manager's Report. Assistant to the City Manager Kirsten Vesel reported that Don
Young's wife, Lu, had passed away August 2, 2009 and stated in lieu of flowers, donations could be
made to Lu's charity, the Lu Young Fund for Children of Families Fighting Cancer. The City
Manager had suggested the city give a donation of $500 to her charity to be given at the Alaska
Native Tribal Health Consortium. Vesel also reported Dr. Bill Thomas, founder of the Greenhouse
concept, would be in town August 24, 2009, and would talk about the new Seward Mountain Haven
facility and the alternative approach to elder care that he founded. The Grand Opening for Seward
Mountain Haven would be held on September 19' 2009 from 3:00-S:OOpm. Several dignitaries from
around the country and within the State of Alaska were invited to attend this momentous opening of
the first Green House® Facility in Alaska.
Vesel also stated the Planning and Zoning Commission were continuing their hard work on
the Seward City Code Title 15 Code Updates which would be finished soon. Brent Nichols with the
State of Alaska's Department of Homeland Security, had met with key City of Seward personnel on
to discuss FEMA Mitigation. and Eligibility grant opportunities and planning for the required update
to Seward's Local Hazard Mitigation Plan. Mr. Nichols had also worked closely on the City of
Seward's Dairy Hill Drainage Improvement Grant Application. Other items of interest were:
- Library. Noted children's author and illustrator Adam Rex gave a presentation on August 1,
2009 to approximately 45 children and adults. Members of the Library Museum Building
Executive Committee including; Chris Kowalczewski from Foraker Predevelopment, City
Manager Phillip Oates, Finance Director Kris Erchinger, and Community Development
Director Christy Terry met to discuss the next steps in moving the project forward. A
timeline would be created for project management services and utilizing the funds donated
to the project to complete the 35% design was outlined. At the end of this report, Vesel
City of Seward, Alaska City Council Minutes
August 10, 2009 volume 38, Page 135
notified council of the criteria and point system that would be used for the upcoming Proj ect
Management Services RFP to be due August 31, 2009. -~
- Harbor. The City of Seward had signed a contract with PND Engineers to develop and
complete a Transportation Investment Generating Economic Recovery (TIGER) Grant for
capital investment in surface transportation projects. The City was also endeavoring to
submit a grant application that completed the breakwater and basin at the Seward Marine
Industrial Center (SMIC), improve the North Dock facility, and accommodate linear
moorage for vessels larger than 60 feet in length. As a part of this grant, the City was also
seeking to install transformers for providing shore-power, insulated pipes to deliver water,
and a 5-ton crane for loading and offloading equipment for vessels using the basin and dock
facility. This was estimated to be a $10 million dollar project. A port-a-potty was ordered
installed at SMIC for users of the vessel storage and maintenance yard at a cost of $1500 for
the remainder of the year. This would be removed from the facility if it was vandalized.
Launch ramp annual passes and usage were up compared to this time last year.
- Public Works. Personnel had done another outstanding job limiting damage to the Lowell
Canyon Bridge during the high-water event on July 29, 2009. Repairs to the Lowell Canyon
culvert system up Lowell Canyon Road were near completion. Public Works was waiting
for a reply from the insurance company regarding the sand shed replacement/removal
options, receiving quotes to purchase salt and calcium chloride for the winter season, and
busy with multiple projects including the # 3 Lift Station electrical upgrade, wastewater
treatment permitting issues (renewal), sludge piles, and grant preparation. ---~
- Forest Acres Levee road prof ect. The city was awaiting property appraisals on two
remaining properties for the North Forest Acres Levee Project, both of which were on the
extreme west end and east ends of the levee project. In addition, one remaining property in
the middle of the project would be coming to council for purchase approval within the next
month. Administration hoped to have all property issues resolved by the end of September.
Work was continuing with Dryden & LaRue on engineering to relocate utilities in the
proximity once relocation plans were finalized. Other information and goals were:
a. Phase I of the creek relocation project was complete.
b. Phase II of the levee project was expected to involve installation of drainage
on the east side of the Seward Highway, and working with the Alaska
Railroad to finalize the engineering of that phase of the project.
c. Have Request for Proposals out by the end of September in order to begin
construction during the upcoming winter season.
Vesel finished by notifying that the city intended to enter into a modified agreement with the
Women's Division of Global Ministries related to the current lease of the Wesley building. The
current plan was to vacate the building by October 15, 2009 with the Women's Division placing the
property on the market for sale.
City Attorney Report. City Attorney Cheryl Brooking gave her report on activity through
June of 2009 which consisted of giving advice and direction on contracts, leases, records requests,
purchasing, personnel issues, bank qualified financing, employment issues, land use, zoning,
City of Seward, Alaska
Au ust 10, 2009 City Council Minutes
Volume 38, Page 136
building code enforcement and the levee road project. There were also questions answered on harbor
compliance issues, moorage agreements, electrical employment and other contract items. Brooking
briefed council on recent oral arguments in Resurrection Bay Conservation Alliance v Cit in
Supreme Court. She stated the issue on appeal was the plaintiffs wanted the city to pay full costs and
attorney fees. The City had cross-appealed on the discharge permit for industrial rain water runoff.
There was no industrial activity therefore no permit. They would now wait for the 9th circuit court to
rule.
Other Reports, Special Presentations
A Library/Museum Project Update was given by Kerry Martin. He notified of a $35,000
grant recently received, and was pleased to see the city awarded the "Preserve America" award,
which was a stepping stone towards other grants. With city contributions and other donations top in
$1 million dollars raised, and $450,000 spent on expenses to purchase the land, professional servic g
and other plans. Martin stated the bond issue on the ballot was the pivotal point and notified a
separate group would be formed to register with APOC. The committee would be transferring $50-
$200,000 to get to a 35% design stage. This was also needed to confirm construction numbers and
costs. Martin stressed if the bond passed, a full blown capital campaign program would be
established to get the building built.
In response to questions, Martin stated a proj ect manager would be hired after the October
election. He revealed the building committee would move forward no matter what the results of the
election were, and the estimated total cost was still $10 million dollars.
Railbelt Utility Update by Vice-Mayor Dunham. Dunham noted they had gone to two
meetings continuing to discuss common needs. He was informed at one meeting in Cooper Landing,
that Homer Electric was talking abut severing their contract with Chugach Electric for power and
hoped to generate their own. Seward took anon-committal approach and he stated further work
needed to be done. He spoke of the line ownership between Homer and Seward.. The second
meeting was for board members in Kenai which discussed whether to decide to stick together or not.
Another meeting was planned for September and Dunham stressed Seward needed to talk about this
important issue soon and make sure the city would always have power. Homer Electric ownership
issues to generate their own power was discussed along with alternate plans to import gas to Alaska
from British Columbia at a cheaper rate than could be bought. Dunham stated there were two
utilities that did not want to give Seward two votes. He maintained Seward was entitled to full votes,
with two utilities complaining because they were so much bigger than everyone else, and Homer
Electric wishing to become self-sufficient.
PUBLIC HEARINGS
Resolution 2009-070, Authorizing Termination Of The Existing Lease With Christopher J.
Thayse And Authorizing The City Manager To Enter Into A New Lease With Harbor
Holdings, LLC For Lot 1, Block 8, Seward Small Boat Harbor Subdivision, Plat 2000-19,
Seward Recording District, Third Judicial District, State Of Alaska.
Motion (Bardarson/Keil) Approve Resolution 2009-070
City Council Minutes
City of Seward, Alaska Volume 38, Pa e 137
August 10, 2009
Assistant City Manager Kirsten Vesel stated Chris Thayse entered in a lease in 2004 and.
had now requested a termination to be effective at the time of sale of the building to Harbor Holdings
LLC. The new lease would be in substantial form as presented with the new owners. This
agreement would expire by November of 2009 if the building sale did not go through not by then.
She said there would be new appraisals done in 2010 and new rental rates next summer based on fair
market values with annual adjustments based on the Anchorage CPI.
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 Passed
NEW BUSINESS
Unanimous
Resolution 2009-071, Recommending The Kenai Peninsula Borough Approval Of Tede
Preliminary Replat Of Lot 4A, Block 2, Marina Subdivision, Coast Guard Replat, Locat
South Of Port Avenue At Approximately 1509 X-Float Road, Within The Harbor Commercial
Zoning District.
Motion (Keil/Kellar)
Approve Resolution 2009-071
Vesel notified this gave preliminary plat approval which created two lots and must be
submitted to the Kenai Peninsula Borough with consent by the city council. This plat was in the
harbor commercial zoning district therefore no subdivision agreement was required. Vesel stated
Planning & Zoning Commission had recommended approval and that this was being created for a
planned relocation of the Coast Guard facility on 4 Avenue in the harbor and all other compelling
findings in support of this approval were attached in the packet.
Valdatta was concerned with the loss of parking.
In response to questions, Harbormaster Kari Anderson remarked there would be a
relocation of a storm drain, but all utilities remained the same and no additional easements were
needed. The harbor always had a concern over parking losses and the administration was seeking
alternatives to obtain more parking in this area. The existing building would be relocated and
parking for Coast Guard members needed to be incorporated within this plat. There were no plans to
fence this property and there should be some public parking left.
Motion Passed Unanimous
Resolution 2009-075, Authorizing The City Manager To Enter Into A New Short Term Lease
With Godwin Glacier, LLC For Lot 4, Block 3, Seward Marine Industrial Subdivision, Plat 97-
27, Seward Recording District, Third Judicial District, State Of Alaska.
Motion (Bardarson/Smith) Approve Resolution 2009-075
City of Seward, Alaska City Council Minutes
August 10, 2009 Volume 38, Page 138
Vesel stated the city was seeking ashort-term lease for now, until along-term lease could be
worked out. This area would be used for connexes and storage and was valid only until November
28, 2009.
Bardarson wanted all environmental issues addressed in the long term lease.
Harbormaster Kari Anderson stated the Seward Planning & Zoning Commission had also
looked over this plan and would be addressing such things as; waste disposal, environmental issues,
and a compliance plan in the long-term lease application.
Motion Passed Yes: Bardarson, Smith, Dunham, Kellar,
Keil, Corbridge
No: Valdatta
OTHER NEW BUSINESS
Council Voted And Approve Either Robert Buck Or Russ Maddox As A Member Of The
Port And Commerce Advisory Board With A Term To Expire July 2012.
Motion (KeiUKellar)
Motion Passed
Motion (KeiUBardarson)
Motion Passed
Postpone this vote and approval until
August 24, 2009.
Yes: Keil, Bardarson, Valdatta, Kellar
No: Smith, Dunham, Corbridge
Extend the application period to August
17, 2009 at 5:00 p.m.
Yes: Keil, Bardarson, Kellar, Smith,
Valdatta
No: Dunham, Corbridge
INFORMATIONAL ITEMS AND REPORTS (No action required -None
COUNCIL COMMENTS
Keil had driven. by Kawabe Park and expressed how beautiful the flowers were and thanked
the Parks & 1Zec. Department for taking care of them. She urged everyone to go out and fish the
derby and catch a bigger fish than 17 pounds.
Smith sat on the library building committee board and noted it was very important to get the
language correct on the educational materials to be put out. He felt sorry for wasting people's time
on the PACAB.
Valdatta said a spot along Madison Street was looking like a used car lot.
City of Seward, Alaska City Council Minutes
august 10, 2009 volume 38, Page 139
Dunham pleasantly reported he had harassed AT&T about their tower being put on Iron
Mountain and stated Dave Brecky from AT&T had called and said their office in Redmond,
Washington had relented and now would like to fast track this project to get it accomplished.
Dunham had informed them to call the city if they needed any assistance. He notified the time and
place of Lu Young's memorial and stated Senator Stevens would be in Seward for the "Fish for the
Future" banquet. Dunham stated Governor Hickeys 90t" birthday would be acknowledged at this
banquet and wished everyone good luck in the Silver Salmon Derby.
Bardarson also wished everyone a successful fishing experience and also best wishes to the
Lost Lake runners and Silver Salmon Derby participants and volunteers.
Kellar thanked the local businesses for promoting Seward.
Corbridge asked and received unanimous consent to send $250 from the city council account
to go to Lu Young's charity.
CITIZENS' COMMENTS -None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Keil notified she had received a phone call from Sue McClure who was officially running for
the Borough Assembly seat held by Ron Long.
Dunham wanted a breakdown for electrical rates since 2003. He wanted this updated and
made available for people. He had heard from an unhappy resident who wanted to build a hangar at
the airport. FEMA, F&W, DOT and other agencies were finding reasons he couldn't build this
because of a flood zone, along with the FAA failing to assist. Dunham asked if anyone could help
with this.
Valdatta wished to acknowledge the council member from Louisiana who was present in the
audience and hoped he was enjoying the state.
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
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Clark Corbridge
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