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HomeMy WebLinkAbout05292012 City Council Minutes City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 827 CALL TO ORDER The May 29, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Marianna Keil Bob Valdatta* Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Brenda Ballou, Deputy City Clerk Absent — None *Bob Valdatta arrived at 7:02 p.m. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2012 -032., Adopting The Planning And Zoning Commission Priorities From April 2012 To April 2013. Resolution 2012 -037, Supporting The Seward /Kenai Peninsula Highway Transportation Corridor Safety Initiative. City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 828 Po There was a non - objection to the Transfer of Ownership (Stock) for Seward Alehouse, Beverage Dispensary License #324. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards The Student and Adult Exchange Participants representing Seward in Obihiro, Japan were introduced by Sister City Coordinator Deb Bond and Seward International Friendship Association President Jim Herbert. A proclamation for Historic Preservation Month was received by Linda Lasota. Doug Capra was presented with the Annual Historic Preservation Award. Chamber of Commerce Report, Cindy Clock displayed the Chamber's new folder design for information packets. The Chamber would be awarding two 2012 Silver Salmon Derby Fish Restoration Scholarships to Madelyn Campbell and Maggie Herbert; the award had not been given for the past seven years because there had been no students entering the field of marine biology /ecology. There were nine new members of the Chamber so far this year, and 944 visitors came into the Chamber in May. Clock reported that Dan Bosch from the Alaska Department of Fish & Game said they would be completing the last Coho smolt stocking out of the old hatchery. The Mount Marathon guide was sent to print and would be included in the Seward Phoenix Log and the rasii Seward Journal as inserts. In response to Mayor Seaward's inquiry, Clock said the Chamber invited three high schoolers to announce the 4th of July parade this year. City Manager's Report, Jim Hunt stated no expenditures were approved between $10,000 — $50,000. He continued by detailing specific updates for each department. He invited the Department of Transportation to give a presentation at the June 11, 2012 council meeting regarding the road conditions from this winter and the DOT's scheduled move out the highway. Willard Dunham was in Korea as Seward's Ambassador for the 2012 World Expo and would report on his travels at the June 11, 2012 council meeting. In response to Keil, Assistant City Manager Ron Long replied that the final draft of the CDQ contract would be available for the council and public to review within the next three weeks. Council directed Hunt to provide an update regarding the sealing and striping of the city's paved parking lots, DOT road and sidewalk repairs and the exhaust system at the animal shelter. He was also requested to send a complimentary letter to the DOT for ending the road closures. City Attorney's Report, Cheryl Brooking stated her office provided advice on various ordinances and resolutions; contracts; administrative matters; land use and subdivision platting i ssues; small boat harbor compliance and contract negotiations; ongoing litigation for North Forest Acres and the Resurrection Bay Conservation Alliance (RBCA). City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 829 In response to Seaward's inquiry, Brooking said she sent a letter to the RBCA on April 23, itant 2012 per council's direction, and announced to the public that the letter was available for public review. Seaward asked what the procedure was for the media or any member of the public to obtain a public document; Brooking said anyone can submit a public records request through the clerk's office. Mayoral Report, David Seaward summarized the governor's final capital budget. Other Reports, Announcements and Presentations A Library /Museum Update was given by C. Keith Campbell. He said the project was currently on budget and on time. There would be a fundraiser cruise held on June 15, 2012 which was scheduled previously and any additional funds would be put towards landscaping, benches and a flagpole. Commemorative tiles were still available for purchase. Campbell requested that council appoint a councilmember to the library /museum grand opening planning committee. Mary To ugas presented the city with a presentation check in the amount of $500,000 which represented the fulfillment of the library /museum committee's fundraising pledge. The goals achieved included: site selected, design concepts and building plans approved, community support survey completed, bond and various grant funding received. PUBLIC HEARINGS Tlfrw Ordinance 2011 -004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. 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 /Keil) Enact Ordinance 2011 -004 Council thanked the members of the Planning & Zoning Commission for their hard work and diligence on this project, and hoped to remain responsive to make any updates or adaptations as may be necessary going forward. Motion Passed Unanimous Ordinance 2012 -002, Amending Portions Of Seward City Code 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public. 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 /Terry) Enact Ordinance 2012 -002 Casagranda asked for clarification regarding what constitutes a transient merchant. City Planner Donna Glenz said that pre- existing transient merchants, defined as those on wheels, were grandfathered into the new code. If the grandfathered property or business were sold, the new owner City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 830 would be required to comply with the new code. Brooking clarified that non - conforming structures versus non - conforming uses for each situation was fact - dependent. Bardarson was concerned that seri this new code would require a permit for a family to have rabbits. Glenz responded that the new code was designed to encourage people to have rabbits and chickens and the permitting process was free, easy and straightforward. Motion Passed Yes: Bardarson, Shafer, Keil, Valdatta, Terry No: Casagranda, Seaward Ordinance 2012 -003, Rezoning Lots 15 And 16, Block 8, Original Townsite Of Seward From Auto Commercial (AC) To Central Business District (CBD); And Lots 26, 27 And 28, Block 8, Original Townsite, From Multi Family (R3) To Central Business District (CBD). 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 (Keil /Shafer) Enact Ordinance 2012 -003 Long confirmed for Casagranda that the National Park Service was planning to turn one of these properties into a parking lot. Motion Passed Unanimous Non -Code Ordinance 2012 -004, Authorizing The Completion Of The Tax Foreclosure Process And Obtaining A Deed To Retain For Public Floodplain Conservation Protection The Property Described As The West 200 Feet Of South 440 Feet Of Government Lot 5, With Tax Parcel ID Number 14509201, Located In The Crawford Subdivision, Lying East Of The Seward Airport And Having Portions Within The Resurrection River, And Appropriating Funds. 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 /Shafer) Enact Non -Code Ordinance 2012 -004 Keil asked if this property would be able to be used as part of a future greenbelt initiative and Hunt said it was a possibility. Long added that this would also improve our points in the community rating system for flood plain compliance. Motion Passed Unanimous Non -Code Ordinance 2012 -005, Authorizing The Completion Of The Tax Foreclosure Process And The Sale Of The Property Described As Lots 29, 30, 31 And 32, Block 27, Original Townsite Of Seward; With Tax Parcel ID Numbers Of 14805003 And 14805004, Located At 516 Through 522 First Avenue, And Appropriating Funds. 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. City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 831 Motion (Keil /Shafer) Enact Non -Code Ordinance 2012 -005 Motion Passed Unanimous NEW BUSINESS Resolution 2012 -033, Authorizing The City Manager To Enter Into A Contract With Kendall Ford For The Purchase Of One Ford Explorer Police Patrol Vehicle, For An Amount Not To Exceed $25,646.00. Motion (Bardarson/Terry) Approve Resolution 2012 -033 Clemons said they needed an SUV in order to have four -wheel drive, and the old patrol vehicle it would be replacing would be turned over to surplus. Motion Passed Unanimous Resolution 2012 -034, Authorizing The City Manager To Issue A Purchase Order To Alaska Environmental & Safety Supply, Inc. For The Purchase And Installation Of Police Emergence Equipment On One 2012 Ford Explorer, The Cost Not To Exceed $7,740.00. haw Motion (Terry /Keil) Approve Resolution 2012 -034 Motion Passed Unanimous Resolution 2012 -035, Approving The Expenditure Of City Funds With The U.S. Army Corps Of Engineers For Dredging In The Small Boat Harbor, And Appropriating Funds. Motion (Bardarson/Keil) Approve Resolution 2012 -035 Council asked how the contaminants would be eliminated; Harbormaster Mack Funk said some of the contaminants would dissipate over time through aeration. Funk said the site was not considered to be a wetland, but the streams on the property would be avoided anyway. Bardarson asked about the decision to use CPV funding rather than MRF funding, but Funk said CPV funds were too restrictive to be used for this project. Motion Passed Unanimous Resolution 2012 -036, Appropriating Funds For A Legal Judgment With RBCA In The Amount Of $92,399.13. Motion (Bardarson /Terry) Approve Resolution 2012 -036 ism Brooking said this was a judgment which had not been appealed by either party. There was still one pending appeal outstanding for approximately $25,000. Ci!y of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 832 Motion Passed Yes: Bardarson, Casagranda, Seaward, Keil, sod Valdatta, Terry No: Shafer INFORMATIONAL ITEMS AND REPORTS (No action required) — None Providence Seward Financial Report for April 2012. COUNCIL COMMENTS Keil thanked the Planning & Zoning Commission for their work on the code revisions, and the Port And Commerce Advisory Board for their implementation of the dredging funds. Shafer asked if AVTEC's windmill was being tracked for how much electricity was being generated. Utilities Director John Foutz said the wind turbine was connected last week to Chugach Electric and there was a tracking system in place. Valdatta said there was an old telephone pole near Bayview Apartments that he had received complaints about and asked to have it removed. Hunt and Foutz were aware, and had requested an easement agreement from the property owner, but had not yet received a response from the owner. Casagranda was seeing a big jump in tourism and business owners were very busy. She %N asked council to keep those people in mind — keep communications clear and open. Terry thanked the Planning & Zoning Commission for their hard work and encouraged people to join the Commission. CITIZENS' COMMENTS Sue McClure reminded everyone that next week's Assembly meeting would be voting on the budget. The Seward Museum would be open Wednesday- Sunday from 1:00 -5:00 p.m., admission was by donation only, and staffed by volunteers from June 1, 2012 through Labor Day. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS EXECUTIVE SESSION Mayor Seaward stated he had requested this be added to the agenda, but was able to get his questions answered. He requested this be postponed indefinitely. Motion ( Bardarson) Go into Executive Session to discuss the RBCA letter dated April 23, 2012. vita Motion died for lack of second. City of Seward, Alaska City Council Minutes May 29, 2012 Volume 38, Page 833 ADJOURNMENT The meeting was adjourned at 8:44 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) ire fir..