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HomeMy WebLinkAbout09282009 City Council Minutes City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 153 CALL TO ORDER The September 28, 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 Bob Valdatta Tom Smith Marianna Keil comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT — Jean Bardarson VACANT - One CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Ian Dutton thanked and acknowledged council members who attended the presentation on climate change at the Alaska Sealife Center. Referring to the 2009 Global Climate Change Impact Study which had a full chapter on climate change issues in Alaska, he asserted Alaska was seeing the effects of global warming four times what it was in the lower 48 and felt Alaska was ground zero for climate change. Dutton reported of a meeting in Copenhagen in December which would be the most important meeting of our lifetime for global climate change which would decide a global framework for climate change and require an unprecedented level of cooperation from around the world. Dutton strongly supported the information on climate change being presented this evening by Mr. Parks. Russ Maddox was surprised the city did not turn in any comments on the spraying of herbicide by the Alaska Railroad. He wondered if it was oversight or miscommunication why the community didn't weigh in. He thought this spraying was close to city drinking water wells and that the City should have taken advantage of that and spoke against the spraying of herbicide. Tim McDonald, wanted to keep his request fresh in everyone's mind to post signs or placards on the area by the waterfront off Nash Road that it was within city limits and there was no shooting or ATV's allowed. City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 154 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Dunham) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2009 -090, Authorizing An Additional Fifty Thousand Dollars (50,000) As A Potential Contingency For Unit Company's Contract To Construct Seward Mountain Haven Long Term Care Facility. Resolution 2009 -091, Authorizing The City Manager To Enter Into A Contract With Rise Alaska, LLC (Rise) For Professional Project Management Services Through Schematic Design Of A New Co- Located Library Museum Facility And To Appropriate Funding Not -To- Exceed Thirty Six Thousand Seven Hundred And Ten Dollars ($36,710). Resolution 2009 -092, Authorizing A Memorandum Of Agreement With The Alaska Railroad Corporation For The Purpose Of Utilizing A State Legislative Grant To Dredge The Approach And Berthing Basins Of The Alaska Railroad Dock To Accommodate Cruise Ships. Resolution 2009 -093, Accepting The Department Of Commerce, Community And Economic Development Division Of Community And Regional Affairs FY 2010 Designated Legislative Grant For Dredging Cruise Ship Basins And Approaches And Appropriating Funds. The September 14, 2009 Regular City Council Meeting Minutes Were Approved. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Borough Assembly Report. Borough Assembly Representative Ron Long followed up that funding was approved for Stoney Creek and Bruno Road improvements, and tipped his hat to the work done by the road service area board. City Manager's Report. City Manager Phillip Oates stated there had not been any city expenditures of $10,000 to $50,000 to report to council. He urged the public to view an award winning film "A Sea Change" about ocean acidification tomorrow at the AVTEC Auditorium. Finance. The finance department had been busy preparing the City's first biennial budget, in addition to identifying funding alternatives for the enterprise fund rate review. Staff members were implementing some of the new efficiency items discussed with Council over the past few months. The finance director continued to work with the leadership of Providence to negotiate the new hospital management and operating agreement which expires at the end of this year. In addition, financial questions are being answered from the State Department of Health and Social Services, aimed at establishing the new reimbursement rates for the Long -Term Care Facility. City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 155 Forest Acres Levee Road. Staff had been working with right -of -way agents to finalize the property negotiations on all remaining property purchases for the levee /road project, and hoped to have all final offers presented to Council for approval within the next month or so. Once property purchases were completed, the RFP for a construction contract for the levee project would be released. Oates stated the harbor had received close -out documents from Swalling Construction for the I & T Dock Projects and a claim settlement was negotiated. The automated pay parking station proved successful with about 50% of customers use credit card without any prompting. Oates noted the many Sports and Recreation and Teen and Youth activities that were gearing up for the fall season, and the construction of the replacement sand shed structure had begun. Oates thanked over 250 people who attended the Grand Opening of Seward Mountain Haven on Saturday, September 19, 2009, with elders moving into their new home on October 1, 2009. Oates updated the council on city property replats for the south harbor uplands and library /museum, Title 15 including floodplain management and FEMA updates and on obtaining quiet title action on three lots located within the Two Lakes Park. These lots were obtained by the City of Seward in 1939 for delinquent taxes, but the process was never completed. FEMA planned to provide new Flood Insurance Rate Maps (FIRM) for the City of Seward within the upcoming months and lastly, AT &T had been given the go -ahead to install their tower in Seward. City Attorney's Report. Cheryl Brooking stated they continued to provide assistance on L. various matters related to library museum, employment, new drug and alcohol policies, building code and enforcement questions, questions on the levee, utilities and easements, harbor vessel impoundment, user fees and contracts as they arose. Oral argument was given to the 9 circuit court in Resurrection Bay Conservation Alliance (RBCA) vs City of Seward. Brooking detailed what she knew of the lawsuit filed against the Department of Revenue by the Alaska Cruise Ship Association. She explained that the three elements to the complaint were: 1. A tonnage clause violation which limited the State of Alaska from imposing fees and taxes for passing navigational waters, 2. Violation of shipping statutes and clemency clause which states the federal government had control so state government was prohibited from action, 3. An interstate commerce clause violation for managing interstate commerce, which claimed entry fees paid by passengers only affects cruise ships owned by people outside the State of Alaska. Brooking noted this was only half of the story since the state had not responded yet. As to a hand raised, Mayor Corbridge ruled that Mr. McDonald was out of order and could not ask the attorney a question at this time. Chamber of Commerce Report. Laura Cloward stated they had a record number of Salmon Derby participants. Both the halibut and salmon derbies were successful in this downturn market. She appreciated the comments by council members that asked at what point do we break the back of the businesses during discussions on enterprise fund deficiencies. Cloward stated most responded to a harbor survey by saying they would continue coming to Seward as long as it was City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 156 economically feasible. An economic development plan for Alaska was moving forward and businesses were networking on how to survive in this economic climate. Other Reports, Special Presentations Alan Parks of the Alaska Marine Conservation Council, Presented a Report on the Alaska Coastal Communities Global Climate Change which looked at the causes, impacts and affects climate change was having on Alaska coastal communities, ocean acidification and resource issues, and the profound affects and the need to understand and determine what action was needed to stop it. A PACAB report was given by Chair Ron Long. A Seward Senior Center report was given by Executive Director Dana Paperman. PUBLIC HEARING Ordinance 2009 -007, Amending City Zoning Map By Rezoning Lots 25 And 26a, Block 12, Original Townsite Of Seward From Single Family Residential (R1) To Urban Residential (UR) Located On The West Side Of Brownell Street And North Of Washington Street At 208 And 210 Brownell Street. Motion (Smith /Keil) Enact Ordinance 2009 -007 City Manager Phillip Oates stated this had been introduced and the applicant was requesting this rezone to provide suitable land for possible future development uses as allowed within the UR and to bring them into conformance with the land use plan. These lots were contiguous and recommended by Planning & Zoning and the Comp Plan. They were reviewed by the city attorney and there were no costs associated with this rezone. 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 Unanimous NEW BUSINESS Resolution 2009 -089, Stating An Intent To Fund $4,060,000 For The North Seward Water Storage Tank & Pumping Facility Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Drinking Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Drinking Water Fund With Payments Subject To Bi- Annual Appropriation. Motion (Keil/Smith) Approve Resolution 2009 -089 City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 157 Oates stated this was a critical item for the water fund that would allow the city to meet current demand and later usage, provide redundancy for other tank failures, and allow the city to request low interest funding. Public Works Director W.C. Casey had a deadline of Thursday to complete an application for $500,000 reduction for the first phase. This put the city in a better position for a 70/30 match when turning in a grant application next June. Motion Passed Unanimous Resolution 2009 -094, Amending The Legal Services Agreement Between The City Of Seward And The Law Firm Wohlforth, Johnson, Brecht, Cartledge and Brooking. Motion (Dunham/Smith) Approve Resolution 2009 -094 Oates stated this firm had been invaluable and felt it was the best interest of the city to approve it. The firm had not requested an increase for years and this increase was factored into the upcoming budget. It remained Oates' objective to keep legal costs as low as possible. Keil could not support this increase because of critical infrastructure needs. She felt when revenues go down you could not increase spending. Amendment (Keil/Valdatta) In Section 2, remove the words "immediately upon adoption" and replace with January 1, 2010. Amendment Passed Unanimous Unanimous consent was given to amend in Section 1, after the words "enter into .." add the words "Amendment #1 to" Main Motion Passed as Amended 4 -1 Yes: Valdatta, Smith, Dunham, Corbridge No: Keil INFORMATIONAL ITEMS AND REPORTS (No action required) Financial statements for Providence Seward Medical Center as of July 2009. Two resolutions approved by Port & Commerce Advisory Board were reviewed. Resolution 2009 -007, Recommending the City Council authorize and implement necessary improvements for the pedestrian corridor between the cruise ship dock, railroad terminal and small boat harbor area. Resolution 2009 -008, Recommending the City Council authorize and implement a transportation plan utilizing state cruise passenger tax receipts to provide passenger access between City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 158 the cruise dock, business districts and the Alaska Sealife Center. City Manager Oates would bring RFP parameters before the council. A memo on Chugach Electric rate increase. Councilmember Dunham notified the public a 9.7% increase was coming from Chugach Electric. COUNCIL COMMENTS Keil thanked the Mayor for his statements and thanked everyone who participated in making the Long -Term Care Facility a reality. She thought Seward should be proud of this facility. The music festival was great and she thanked the organizers for that event. Dunham also thought the Long Term Care Facility was great. He was very proud of Christy Terry for coordinating. He thanked Rolf Bardarson for moving the wrecked van at mile 4 today. He was delighted it was gone. He thanked the mural society and the port city players for organizing the music festival. The blues train also was a big success. He noted AVTEC's accreditation people were in town. Dunham explained it was Darryl Schaefermeyer who spent months working on recouping $1.6 million from Exxon when he was employed with the city, and that that money would not have been here without the due diligence of Schaefermeyer. CITIZENS' COMMENTS Russ Maddox echoed about signing up on the climate change issue. He heard there was suppose to be a 50 inch sea level rise on the west coast coming. He thought it showed great leadership to make a plan now and urged everyone to sign onto these compacts. Tim McDonald thanked Mayor Corbridge on his tenure as Mayor. He reminded the city council even though it was important to keep the municipal ship afloat, but there were a lot of things affecting the citizenry and everyone was hurting. It was not popular to raise rates and he thought policy and facing facts were what was important now. McDonald stated it was time to allow people to hook up wind generation. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to an earlier citizen comment, Oates wanted to bring to the council's attention and note the Public Works Director did not think there was any threat to the city water system or it would have been brought to the council. City of Seward, Alaska City Council Minutes September 28, 2009 Volume 38, Page 159 ADJOURNMENT .. The meeting was adjourned at 9:15 pm. i .,,,a • a .43 fs. ...,6,(Q C/J gi; Jean r-wis Clark Corbridge City E lerk �.A.4�•• Mayor ., Q S' Fjt, • • q• (City Seal) �. •* •s, .. .:."AM".... +• • .Q *. �i i 7 • •� 0• tips • ••• ••, r F of A�-Po i •••awls ; % • i fir..