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Home My WebLink About10092006 City Council Minutes City of Seward, Alaska October 9, 2006 City Council Minutes Volume 37, Page250 CALL TO ORDER -- The October 9, 2006, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson Dorene Lorenz Steve Schafer Robert Thomas comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk ..... The Seward City Council unanimously fixed the time to which to adjourn this regular meeting to Tuesday, October 10, 2006 at 5:00 p.m. because of the emergency flood situation and the presence of the Emergency Operations Center in the Council Chambers. ADJOURNMENT The meeting was adjourned at 7:40 p.m. ************************************************************************ CALL TO ORDER The October 9, 2006, regular meeting of the Seward City Council which was continued to Tuesday, October 10,2006 resumed and was called to order at 5:00 p.m. by Mayor Vanta Shafer. (This meeting resumed amongst the presence of the established EOC) OPENING CEREMONY Councilmember Schafer led the pledge of allegiance to the flag. ROLL CALL ..... There were present: City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page25] Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson Dorene Lorenz Steve Schafer Robert Thomas i ...J comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk Cheryl Brooking, City Attorney (telephonically) ABSENT - None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Proclamation was read for Domestic Violence Awareness Month. City Manager's Report. City Manager Clark Corbridge announced upcoming meetings and reported the city had issued a bum permit for Central Environmental Inc., to bum debris from the old middle school in a location near the landfill. He advised the City had opened its Emergency Operations Center (EOC) for flood disaster response at 10:00 a.m. on Monday to deal with multiple flooding concerns throughout the Seward and outlying area, and would likely remain open through Thursday. The Seward Highway was closed at Mile 4 and crews had been working throughout the night. A disaster was declared by the City at 10:50 a.m. and the Kenai Peninsula Borough declared a disaster emergency at 1 :30 p.m. There were no loss of life reported and few injuries, but property losses were significant. Corbridge assured continued work with various agencies to coordinate services. Other items to report were: [ 9 ....I ~ Street Paving. Corbridge was advised by QAP to complete side-street repaving next summer, so pavement heights would match when the final asphalt lift was placed on Third Avenue. As an alternative, QAP offered the City a very good rate for asphalt overlay on Fourth Avenue between Van Buren and Jefferson, contingent on the batch plant's returning to operation soon. Paving on Fourth Avenue could be done this year for the same cost as the side street paving which council previously approved. Corbridge planned to bring a resolution authorizing the redirection of those paving funds from the side street project to the Fourth Avenue project unless directed otherwise. ~ $2 Million DOT Earmark. In 2004, council passed Resolution 2004-62 authorizing the $2 million to be used to complete the Nash Road project. This earmark had the unintended consequence of directly reducing funding for state DOT projects. Since then, the funding was restored which had the effect of 1\ .~ ..... City of Seward, Alaska October] 0, 2006 \- .... .... City Council Minutes Volume 37, Page252 restoring the earmark for Seward. He suggested possible uses for the funding to include local road repair needs in the community, the Forest Acres levee and road project, side streets and perhaps a portion of Dimond Blvd. ~ A VTEC. Corbridge stated A VTEC now wished to purchase land instead of lease it for the fire training facility. He advised any purchase agreement contain a strong provision to allow the Seward Fire Department access to the facility for their training. Corbridge planned to follow city lease procedure which stated the entity purchasing land from the city paid for the appraisal, and to not forego one. ~ Public Works. An assessment had been completed on the Senior Center siding and a report and recommendation was anticipated from CR W soon. Roof drains had been fixed and the elevator door repair was being scheduled. Since the new street lights illuminated the west side of the center well, he sought council direction on whether more lighting was needed. ~ Salvation Army. The land purchase agreement between the city and Salvation Army had been signed by all parties on Wednesday, October 4, 2006. A closing date would be set soon. ~ Long Term Care Facility. Re-platting of the parcel did not occur as scheduled Monday, October 9, 2006 due to the emergency flooding disaster. The vacation of the right of way did not occur but would remain open with action anticipated at the Assembly's October 23,2006 meeting. Corbridge stated the city submitted its application to the Alaska Municipal Bond Bank to seek $26 million in revenue bond financing for the facility last week. Corbridge answered questions by the council, and two council members thought the Fourth Avenue alternative was a good idea. Other Reports, Announcements and Presentations Linda Lasota applied for the Historic Preservation Commission seat. A Mile 0-8 update was given by DOT Project Engineer Allen Drake. Dana Paperman presented the Senior Center Grant Request. A Budget presentation was given by city staff. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jason Wettstein, Public Relations Manager for the Alaska SeaLife Center, spoke with KTUU Channel 2 News yesterday. Wettstein stated parts of his interview did not make the airwaves, and he wanted to note that he also expressed the community was City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page253 coming together. There had been a lot of cooperation with the administration, and response had been extremely well organized. Wettstein was impressed with the organization and communication of this town. He was happy to see this small town coming together and making a difference. Wettstein thanked all for their professional response. f ...J Marianna Keil, thanked the council for recognlzmg Domestic Violence Awareness Month. She also thanked the electrical department for saving the transformer, and the deputy fire chief for saving their little dog in the flood. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Lorenz) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The Results Of The October 3,2006 Municipal Election Was Certified And Results Declared Final. Linda Lasota Was Appointed To The Historic Preservation Commission With A Term To Expire May 2009. :* R ..... Resolution 2006-105. Electing To Participate In The AML/JIA Loss Control Incentive Program For The City Of Seward. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2006-011. Amending The Land Use Plan And Rezoning Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) From Rural Residential (RR) And Resource Management (RM) To Institutional (INS). 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. Council member Schafer declared a conflict. Mayor Shafer agreed a conflict existed. Council member Schafer left the room. Motion (ThomaslBardarson) Approve and Enact Ordinance 2006-11 j City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page254 .... Valdatta asked whether there would be a 60 to 80 foot buffer between the dike on the west side and the facility. Project Engineer Tom Shepard stated that would be addressed in the platting action before the borough. Currently a buffer was there. The provisions for a ROW were along Cottonwood and Maple Street. Shepard felt to preserve the greenhouse planning concept; they elected not to put a road through the property. The logic was to keep dump traffic from going through the L TCF property. Corbridge stated this intent was to develop and restrict the homes to have 10 residents per home. There had been concern at the Planning & Zoning Commission level for high density housing in an institutional area, and this was codified to show that intent. Corbridge clarified if the hospital was later moved to this site, it could not happen within that buffer zone. Shepard stated the Commissions' intent was to maintain the residential feel on both sides of the road and not have an institutional structure against Cottonwood, Maple or Afognak Street. Shepard clarified the language meant ten people per house, and reminded Council they had previously blessed the possibility for future expansion. Motion Passed Yes: Valdatta, Thomas, Bardarson, Dunham, Shafer Abstain: Steve Schafer Lorenz, Mayor .... Resolutions Requiring a Public Hearing Resolution 2006-102. Authorizing The City Manager To Enter Into An Amended And Restated Agreement For Lease Of Tract 2a, Waterfront Tract, And Adjacent Tidelands, And The Lease, Operation And Of Maintenance Of The Alaska Sealife Center With The Seward Association For The Advancement Of Marine Science. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City Attorney Cheryl Brooking appeared telephonically and noted the changes that were submitted in the letter before the council in their packet. She felt this was supported by SAAMS and the city administration. John Moline felt the city manager and staff should write up and negotiate the lease, not the city attorney. Attorneys were used for legal issues, and he thought the council probably didn't like what the professional staff had to say in the matter. Moline also found it inconceivable to interfere with a full blown EOC because there was absolutely nothing in the agenda to warrant that. ...... City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page255 A Point of Order was raised by Council member Thomas because this was the time to address the subject matter only and nothing outside the issue. Mayor Shafer concurred. J .... Moline continued to say the language should read attorney and not manager entering into the agreement. He argued some points in the proposed agreement. Moline did not agree with the proposed amended lease. Tylan Schrock was pleased the city and SAAMS were at this point. They hoped to have a productive working relationship from here. Schrock said the agreement removed construction and bond debt language which was no longer present, and was clearer on the terms and conditions with very little policy changes made. He appreciated the city attorney's work, and her letter accurately presented the document before the council tonight. Schrock hoped to have the ability to use the dock for other mission related uses which would require a change of the policy, and thought under the repair and replacement fund, accountability data could be modified. Motion (LorenzlBardarson) Approve Resolution 2006-102 Motion to Amend (Thomas/Lorenz) Amend paragraph 1.1.26 of the agreement to change the date to 2007 and in other places as referenced ii 1 % ....I Motion to Amend Unanimous Consent Motion to Amend (Thomas/Lorenz) Amend paragraph 3.6.5.1 of the agreement by inserting numeral (i) after "is" on the first line, and after the first sentence adding (ii) and the words; for SAAMS or University of Alaska use of the floating dock in support of its education, research, rehabilitation and conservation operations. Brooking said the issue of the use of the dock had been brought up before and had been rejected, but the council had the authority to make the change now. The repair and replacement fund was being eliminated in this agreement until next year because they did not have the funds. Motion to Amend Passed Unanimous Bardarson wanted clarification on the $500,000/$700,000 fund and wondered if there was another way to cover this fund in case it was not there. ,~ .1$ ..... City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page256 Brooking said the $700,000 was basically a mothball provision. ... Schafer said the Alaska Sealife Center was covered under insurance, and this fund was in addition to that. Dunham declared a possible conflict of interest as he was a member of the Alaska SeaLife Center Board. Mayor Shafer declared no financial conflict existed and Dunham remained on dais. Main Motion Passed Unanimous Resolution 2006-103. authorizing the city manager to enter into a lease amendment with the Seward Chamber of Commerce, Conference and Visitors Bureau, incorporated to extend the term of the lease for the lease of Lot 4, Fort Raymond Subdivision as shown on Plat No. 86-10, Seward Recording District, Third Judicial District, State of Alaska, containing 43,778 square feet, more or less. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Corbridge stated this was the land where the Chamber currently sat. He recommended this lease be extended until 2021 with an option to extend for an additional five years. ..... Lori Draper, representing the Executive Committee of the Chamber of Commerce, encouraged council to vote in favor for this lease extension. She understood the terms of the financing to be until 2026, and she also encouraged adoption of the next item being the Salmon Derby booth, which was covered under the same financial package. Paul Carter, reiterated Draper's comments and said the extension was absolutely necessary to receive financing for the new building. Corbridge broke in and announced an emergency evacuation notice for Old Mill Subdivision. The bridge was under water and would wash away within the hour and urged residents to evacuate now. Motion (Dunham/Thomas) Approve Resolution 2006-103 In answering Dunham's question, Corbridge stated there was a code provision that prohibited the extension of leases all at one time. The option covered the 20 years needed. Motion Passed Unanimous ..... Resolution 2006-104. authorizing the city manager to enter into a lease amendment with the Seward Chamber of Commerce, Conference and Visitors Bureau, City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page257 incorporated to correct the lessee's name and extend the term of the lease for the I lease for the lease of Lot 11, Block 6, Seward Small Boat Harbor Subdivision, ...J Seward Recording District, Third Judicial District, State of Alaska. 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. Corbridge said this was in part of the same financing package as the prior resolution. The only thing different on this lease amendment was the official name change. Motion (LorenzlDunham) Approve Resolution 2006-104 Lorenz commented that the new building was beautiful. Motion Passed Unanimous City council recessed at 6:55 p.m. City council resumed at 7:07 p.m. UNFINISHED BUSINESS - None NEW BUSINESS ~ .... Ordinance 2006-12. Determining It To Be In The Public Interest And Necessary To Proceed With The Proposed Electric Improvement District For And Benefiting Lots 5, 6 And 7 Of Bear Lake Subdivision, Lots 13 And 14 Of Woodrow Alaska Subdivision, Lots 8a And 8b Of Elhard Replat Bear Lake Subdivision, And The E Portion Of An Unsubdivided Area Of 10.35 Acres Described As A Portion Of SW T01n, ROl w, Section 12, That Portion Of The N 1/2, SW 1/4 Lying Southeast Of The Alaska Railroad Row For An Amount Not To Exceed $48,673.87 And Appropriating Funds. Corbridge said the Elhard Assessment District had been requested for about a year now. Problems were being resolved with neighboring property owners and he hoped to get the electric service in soon. He stated the improvement district would be put in when the total cost analysis was completed, but Corbridge requested approval to continue moving forward. Motion (Dunham/Thomas) Introduce Ordinance 2006-12 with public hearing and enactment for October 23, 2006. Bardarson declared a financial conflict as she was a co-signer on one of the loans in this district. Mayor Shafer ruled a conflict existed and Council member Bardarson left the dais. ~ :'~ ..... City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page258 -- Valdatta and Dunham agreed with this ordinance, and thought the city should be doing more assessment districts. Motion Passed Yes: Valdatta, Lorenz, Dunham, Thomas, Schafer, Mayor Shafer Abstain: Bardarson Resolution 2006-106. authorizing the city manager to enter into a contract with CT A Architects Engineers to conduct a State of Alaska mandated design review for the new Long Term Care Facility and appropriate funding for an amount not to exceed $17,000. Corbridge said in order to obtain the certificate of need, an independent third party must review the plans and he recommended approval. Motion (Valdatta/Lorenz) Approve Resolution 2006-106 Corbridge said this contractor was only going to review the plans, not monitor who constructed the facility. Motion Passed Unanimous .... Resolution 2006-107. authorizing the city manager to enter into a contract for the Seward Small Boat Harbor South Harbor Float Installation and Uplands Improvements for an amount not to exceed $2,016,489 and appropriating funds for the project. Corbridge said this project had been before the council many times. This specific project went out to bid and Harris Sand and Gravel won the bid process, therefore he recommended approval. Motion (Valdatta/Lorenz) Approve Resolution 2006-107 Valdatta said sometimes low bid was not always the way to go. Harbormaster Scott Ransom spoke to the bid procurement process used and reiterated Tryck, Nyman and Hayes did not engineer the breakwater. Schafer stated Swalling Construction had good things to say about Harris Sand & Gravel. He said they were consistently low but did good work. Motion Passed Unanimous ...... INFORMATIONAL ITEMS AND REPORTS (No action required) City of Seward, Alaska October] 0, 2006 City Council Minutes Volume 37, Page259 COUNCIL COMMENTS ~ , ..,j Lorenz said the last 48 hours had been taxing on the citizen's of Seward. There was a huge need in the community and hoped everyone would help out. The service provided to flood victims was invaluable and thanked and commended everyone who helped out these last few days. Bardarson agreed with Lorenz and thanked everyone. Schafer spoke of the potential dangers of flood waters overflowing the airport and thought the city should look at these potential dangers and do something with the nvers. Thomas thanked the city employees for their long hours and hard work, thanked the canvass and election board workers, and the clerk for putting the picture of St. Peter's on the packet cover. He promoted St. Peter's annual auction that was coming up. Valdatta thanked all for the flood control. He had attended the recent PACAB meeting and commended the four who were in attendance and stayed for three hours discussing priorities like SMIC, the Coast Guard dock and the rock quarry. He mentioned that Finance Director Kris Erchinger brought up some very good facts with the future of the prison. Dunham thanked everyone who worked on the flood control. It brought back memories of forty years ago, and he was happy there was no loss in life. It also brought to mind that the city needed to get serious about flood control. Dunham said industry was lost each time it flooded, and it was time to utilize the flood board and begin to work on serious flood control. He wanted to have an addition to the priority list for the state to improve the football fields at the school. Dunham thanked the historical group for being here this weekend and the voters for his re-election. ....J Mayor Shafer thanked the crews for their help. Senator Gary Stevens had called her and assured her he would contact the Governor to declare the state a disaster area. CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS- None EXECUTIVE SESSIONS Motion (ThomaslBardarson) Postpone City Clerk, City Attorney, and City Manager evaluations in executive session until the October 23, 2006 meeting. ""'" City of Seward, Alaska October] 0, 2006 Motion Passed .... ADJOURNMENT The meeting was adjourned at 7:34 p.m. -1~,,~!J V~ Lewis I City Clerk (City Seal) .... \"'".U',,, .,.'\'\\\ Of SCl-k."", .... ~-{ ........ 'AI"",', .:- c} ....o'i\PO~~<~ ~ ~ /j:J ~'. ~ .. ....... --.- "'. .. = i \ : : .: SEAL : ~, ; ~ ~ : . :. ~ -.- ::' ~ ,:\:-..VI4 ~.... ~ -.. \:\ :.. ..~,A"'~ 1 \9~.' .tT ,:; ~ti> ~~;.:f9,... ....:..,,1.... c..:+',-- ~ <1'. '..h ~>,. ..... '" ;;:,. 0\.'= r::,\~.;' :0.. Iii/, ,f'.- "". 1""",,,,, ...... City Council Minutes Volume 37, Page260 Unanimous Consent t~er ~w Mayor FINAL ~~~~~RTIFICATE OF RESULTS ~'~ ~ 4c l rir, R~.uULAR MUNICIPAL ELECTI~ _~1 HELD OCTOBER 3, 2006 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 3, 2006. ""' Their totals are: { Note: Total Counted plus Total Rejected =Total Voted } Report of Absentee and Questioned Ballots Absentee ballots voted (Includes permanent, in-person and by-mail) Questioned ballots voted Special Needs ballots voted Total Voted Rejected Not registered, registered too late or registered out of City Form not completed properly Signed/witnessed after election day Total Rejected Counted ~.. Absentee Questioned Special Needs Total Counted 77 5 5 87 2 2 62 J 5~ 85 The Election Day results, after canvassing are as follows: Three Two-year Council Seats 'Filartinn Tlav Vntac Aftar ('anvacs VntP.R Total Vc~tP,a Iris Darling 116 21 137 Mike Calhoon 107 15 122 Dorene Lorenz 78 22 100 John French 101 12 113 Betsy Kellar 138 15 153 Linda Amberg 166 19 185 Jean Bardarson 206 42 248 Willard Dunham 156 35 191 Scott Egger 55 10 65 Tim McDonald 67 19 86 Matt Hall 129 28 157 Write Ins 14 Z 12 ~~ Fina] Certificate of Results Regular Municipal Election Tuesday, October 3, ?006 Paget Proposition 1. CHARTER CHANGE TO A BIENNIAL BUDGET CYCLE Shall the City of Seward City Charter 5.4 (d), 6.2 and 6.3 be amended to require a biennial city budget rather than an annual city budget? Election Dav Votes After Canvass Votes Total Votes YES 147 26 173 NO 294 54 348 A total of 47Q people voted at this election plus 85 counted absentee votes = 555 Total. Upon completion of the canvass, it is our opinion that the attached summaf}~ of election returns compiled above, accurately reflect the final totals for the Regular City Election held October 3, 2006. Dated this 5`~` day of October, 2006. ~,.. ~ _,~ ~:_- , ~ i~ /1 `~`'-"' j ,~1~{.C ~ ~~~~~E ' ~ -~ ~, _, ~; <1 l V