HomeMy WebLinkAbout04282008 City Council MinutesCity of Seward, Alaska City Council Minutes
April 28, 2008 volume 37, Page550
CALL TO ORDER
The Apri128, 2008 regular meeting of the Seward City Council was called to order at 7:30
p.m. by Mayor Clark Corbridge.
OPENING CEREMONY
Lieutenant Louis Tiner led the pledge of allegiance to the flag
ROLL CALL
There were present:
Clark Corbridge presiding and
Willard Dunham Linda Amberg
Bob Valdatta Jean Bardarson
Betsy Kellar
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
ABSENT -Tom Smith
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Sam Combs, was an architect who had been working to save the Jesse Lee Home for 14
years. $2 million dollars had been procured for the building and it must be stabilized soon and he
urged for council support. He stated the first phase was the need for an architectural and engineering
report generated to stabilize the building. Combs thought the Jesse Lee Home was important
nationally, was on the National Register of Historic Places, and was important for the history and
being the birthplace of the Alaska Flag.
Dan Oliver, thanked everyone in the community for hosting the National Ocean Sciences
Bowl this past weekend. Many businesses supported this with food, money, boat trips, train rides,
and use of the Railroad terminal. He also thanked the Alaska Sealife Center for their support, and
the principal for the use of the high school. Most of this was done by volunteers and noted another
outstanding example of support from the community. He thought it was excellent and heard it was
the most generous hospitality by any community.
Maya Moriarty, speaking on behalf of Parents Advocating Recreational Kids Stuff
~,,.,. (PARKS), stated they had reached the goal of $222,000. In the end, they had received a Rasmuson
grant, corporate donations, and an Alaska Airlines grant donation to reach their goal. The money
was there and shifts covered for the build were now needed. She directed the community to the
City of Seward, Alaska City Council Minutes
April 28, 2008 Volume 37, Page551
website to find out what tools were needed and invited everyone to the grand opening potluck on
May 18, 2008 at 6:00 p.m.
Randall Stauffer, representing the Seward/Bear Creek Flood Service Area Board, asked for
the support and passage of the flood mitigation plan. This plan had been approved by FEMA, the
Kenai Peninsula Borough Assembly and the Flood Service Area Board. Stauffer brought attention to
three areas the administration took exception to in the plan. 1), the redline route to Japp Creek
levee-it was just out of date and needed updating with the next plan; 2), the statement the Long-
Term Care Facility(LTCF) was in a risk area-they thought the LTCF was being built in an area
protected by a levee, therefore should be a risk area based on national floodplain management
policies; and 3), inspecting the levee systems in the Spring Creek area-need more maintenance and
inspections. Stauffer requested the city council adopt this plan.
Marianna Keil, stated there was a citizens petition for initiative to roll back the sales tax cap
increase, and she wanted the public to come out for the work session to lower taxes.
Ron Long, wanted Resolution 2008-033, adopting the SMIC Development Plan supported
and passed. This was a 15 year review. PACAB had adopted Planning & Zoning Commission
recommendations and included those changes and urged the council to adopt.
APPROVAL OF AGENDA AND CONSENT AGENDA (No original motion)
Valdatta wanted Ordinance 2008-010 pulled from the consent agenda, then later withdrew his
motion.
Kellar requested two presentations be moved before the reports and received unanimous
consent.
Kellar wanted discussion of the January, February and March Financials be moved to
Unfinished Business. Council pulled this from the agenda and would scheduled for a work
session at a later date. This was agreed to by unanimous consent.
Motion (Kellar/Amberg) Remove Resolution 2008-029 from the
Unfinished Business portion of the agenda
and insert it before Resolution 2008-037 on
the regular agenda.
Motion to Amend Passed Unanimous
The discussion item of the railbelt talks were removed from the agenda by Dunham.
Main Motion to Approve Agenda Passed Unanimous
The clerk read the following approved consent agenda items:
The March 24, 2008 regular city council meeting minutes were approved.
City of Seward, Alaska City Council Minutes
April 28, 2008 Volume 37, Page552
Ordinance 2008-009, Amending City Zoning Map By Rezoning Lots 27, 28 And 29, Block 17,
Original Townsite Of Seward From Multi-Family Residential (R3) To Central Business
District (CBD) (Was introduced and set for public hearing and enactment May 12, 2008)
Ordinance 2008-010, Amending The City Of Seward Code Section 12.05.011 International
Building Code By Adopting The 2006 Edition Of The International Building Code (IBC),
Including Revisions. (Was introduced and set for public hearing and enactment May 12, 2008)
Ordinance 2008-011, Amending Seward City Code, Chapter 9.15 Health And Safety, Adopting
The 2006 Edition Of The International Fire Code (IFC), Including Revisions. (Was introduced
and set for public hearing and enactment May 12, 2008)
Ordinance 2008-012, Amending The City Of Seward Code, Chapter 12.05.021, Adopting The
2006 Edition Of The International Residential Code (IRC) Including Revisions. (Was
introduced and set for public hearing and enactment May 12, 2008)
Ordinance 2008-013, Amending The City Of Seward Code, Chapter 12.05.031, Codes Of
Technical Regulation, Adopting The 2006 Edition Of The International Mechanical Code
(IMC), Including Revisions. (Was introduced and set for public hearing and enactment May 12,
2008)
Ordinance 2008-014, Amending The City Of Seward Code, Chapter 12.05.035, National
Electrical Code Adopted, Adopting The 2005 Edition Of The National Electrical Code (NEC).
(Was introduced and set for public hearing and enactment May 12, 2008)
Resolution 2008-035, Authorizing The City Manager To Pay Air Tek, Inc. $5,164.68 For Work
Order Change To Complete Lift Station #1 Reconfiguration Project.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Proclamations were read for Terry's Tires Bike Rodeo, Super Saturday Clean-up Day,
National Historic Preservation Month and the Alaska Sealife Center Ten Year Anniversary.
Other Reports, Special Presentations
ASLC.
A Presentation And Introduction Was Given By Ned Smith, Interim Director Of The
An Overview Of Life At The Jesse Lee Home Was Given By James Simpson, Friends
Of The Jesse Lee Home.
City of Seward, Alaska City Council Minutes
Apri128, 2008 Volume 37, Page553
Borough Assembly Report. Borough Assembly Representative Ron Long stated the
Assembly met and passed a resolution establishing a tax force for optional methods of property tax
assessment and applicants were being sought. The Budget had been introduced and the general mill
rate may lower from 5.5 to 4.7 mils. There would be several public hearings and the budget maybe
completed in June. Long stated $100,000 was defeated, reconsidered, and ultimately passed 8-1 and
was appropriated for the Kenai Watershed Forum for restoration projects.
City Manager's Report. City Manager Phillip Oates.
A contract was signed for construction of the Long-Term Care Facility not to exceed 22
million, and he was sure the community would be pleased.
Oates stated the nuclear presentation by Marvin Yoder went over well, and over 70 people
participated. Oates thought he would continue the effort from the nuclear industry to see if there was
anything to meet the city's needs. He would continue to put issues on the table to see if this
approach would be appropriate for Seward. Oates may bring back more information in the future.
Oates stated staff had met with Department of Natural Resources to discuss the North Forest
Acres road and individuals from the Department Of Corrections to continue efforts to finalize the
memorandum of understanding and operating agreement for expansion of Spring Creek Correctional
Center. He accompanied a group from the Chamber of Commerce to meet with cruise ship
companies and TOTE shipping. There was a public forum regarding the Mary Lowell Center
because the design process was beginning again.
^ The State Supreme Court issued a judgment on the referendum petition which attempted to
vacate Washington Street. They affirmed the Superior Court decision which stated the clerk
did not err in denying the referendum petition. The platting litigation in Superior Court was
the only appeal left on this case.
^ Harbor. A forklift operated by Icicle Seafoods damaged a section of the dock adjacent to the
I dock construction project. No one was injured and the City was working on a solution as a
result of damages. This area was missed in a 2006 survey and was not included in the
overall scope of the I&T dock construction project. The city would be filing a claim with
AML/JIA.
^ Finance. The city would go out to bid for banking services next May of 2009 as required by
the city code. The city had received very good banking services from both local banks in the
past.
^ Other. Public Works was prioritizing road repairs for patching and earmark. Phase I of the
fish ditch repair would start in a week or so and the PARKS site was being prepped for build.
Paid parking would begin May 1, 2008.
City Attorney's Report. City Attorney Cheryl Brooking stated they continued their usual
advise on all leases, environmental matters, contracts, RFP's, etc.
City of Seward, Alaska City Council Minutes
April 28, 2008 Volume 37, Pag2554
She notified that the Coast Guard had proposed to amend Commercial Fishing vessel regulations and
the comment deadline was July 29, 2009. She thought this important because it affected commercial
fishing vessels nationally.
Brooking gave a brief summary of the Supreme Court case. She stated the clerk had rej ected
the referendum petition on two grounds. First, there was no action taken to file a referendum on
since the city's failure to veto the Kenai Peninsula Borough action was deemed to be consent.
Second, if that was deemed "action" by the court, the clerk stated the action would still have been an
appropriation, thus not an issue that could be referred under the Alaska Constitution. Brooking
further explained that the Supreme Court judgment found the referendum properly rejected, stated
only the city council could make appropriations, and that Washington's Army did not have legal
standing to sue or be a defendant because they were not an entity. In a parallel case, the plat was
approved and that decision by the platting board was challenged and pending in Superior Court with
a six month stay.
In response to questions by council on how to recover its costs, Brooking stated they had tried
to claim costs, but it was found each side was to bear their own costs and fees. The court ruled that
since some appellees were individually named, they were allowed to sue.
Chamber of Commerce Report by Laura Cloward. The Chamber had seen a leveling off
of activity, but still many contacts on the website. With gas prices, she thought RV travel would be
down and retail and restaurants would take a hit. She asked if the city council could do anything to
,~,,,,,, lower gas prices to shift spending habits. Cloward stated a couple of film crews would be in Seward
this summer and two naval ships would be in port next week. She stated military appreciation day
events would be extended.
Seward Planning and Zoning Commission Report. Marianna Keil stated theywere still
in need of two members. The Commission passed a CUP for the old portion of Murphy's motel, and
four condo units on Railway and Ballaine were passed. Setbacks to the industrial zone passed 5-0,
which would put non-conforming structures incompliance. They only wanted this change for Leirer
subdivision and the AVTEC area.
Other setbacks could be looked at a later date. Many businesses in the area wanted setbacks reduced
in the area. The Commission would continue to meet at 7:30 instead of the proposed 7:00 pm, and
Chair Keil and Vice-Chair Anderson asked the city to look at temporary structures via an
administrative permit process.
School Board Report. Lynn Hohl stated April was a busy month. She attended a
conference in Juneau, PTA in Fairbanks and the Ocean Sciences Bowl in Seward, which she thought
was totally amazing. She thanked council for their support requesting the school board meeting in
the fall move, so the community could see the new school board members. They did vote in favor to
move the Seward meeting until after the election in November.
The Board agreed on a report on how schools would be staffed. Afield trip policy passed.
More family parallel trips would occur. She thoughts there was a technological divide without every
City of Seward, Alaska City Council Minutes
Apri128, 2008 Volume 37, Page555
student having the availability of a laptop computer. PERS, TRS and municipal sharing were topics
in Juneau.
Oates stated a design proposal was in the works with Department of Transportation for a
welcome to Seward sign with advertisement for school activities.
PUBLIC HEARINGS
Ordinances Requiring A Public Hearing
Ordinance 2008-006, Amending Seward City Code Table 15.10.220., Development
Requirements, To Decrease The Front Setbacks In The Industrial Zoning District From 20
Feet To 10 Feet. (Laydown version produced)
Motion (Bardarson/Dunham) Enact Ordinance 2008-006
Oates referred to the Laydown version of the ordinance and stated because of the urgency of a
business request that was impacted, this ordinance had run parallel with the Seward Planning &
Zoning Commission actions and he recommended approval.
Community Development Director Bob Hicks noted a typo on the Laydown which made
the setback 20 feet. This 10 foot setback would now put some non-conforming structures into code.
P&Z wanted the staff to look at the comprehensive plan and consider a new category of light +~+
industrial because of the wide variety of uses in the industrial zone. Hicks stated staff would look
into this.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
DJ Whitman supported this but thought it should be looked at as harbor commercial. He did
not even think it was light industrial with the retail businesses in that area. For now this was a good
start and would correct some ills.
Kellar listened to the Seward Planning & Zoning meeting and thought the concerns of
Commissioner Heinrich were not being listened to. With Title 15 being looked at, these things
should be discussed then and done at one time. She wanted to know if a variance would be more in
line.
Motion (Kellar)
Motion died for lack of a second.
Table this discussion for a later time.
Hicks stated there could not be a variance because it was created by the owner himself. If
deferred they could not open the greenhouse in that location this year. He agreed to address this in
the comprehensive plan at a later date.
City of Seward Alaska City Council Minutes
Apri128, 2008 Volume 37, Page556
Amberg thought if fire safety and plowing issues were addressed, this ordinance should be
passed.
Corbridge thought it was a worthwhile goal to strive toward compliance.
Motion Passed
Yes: Bardarson, Valdatta, Dunham,
Amberg, Corbridge
No: Kellar
Ordinance 2008-007, Amending Seward City Code Sections 2.10.030 and 2.10.031 To Start
City Council Meetings At 7:00 P.M. Aad Set Adjournments No Later Than 10:30 P.M. 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/Amberg)
Enact Ordinance 2008-007
Bardarson and Amberg supported this so the public could stay awake long enough to
participate.
Dunham and Valdatta disagreed and were opposed. They thought council should go until
midnight or until business was completed.
Motion (Valdatta/Dunham)
Change the hours to begin at 7:00 p.m. and
end at midnight or until business completed.
Motion Failed
Motion (Dunham/Valdatta)
Motion Failed
Main Motion Passed
Yes: Valdatta, Dunham
No: Bardarson, Kellar, Amberg, Corbridge
Change the hours to begin at 7:00 p.m. and
end at 11:00 p.m.
Yes: Valdatta, Dunham
No: Bardarson, Kellar Amberg, Corbridge
Yes: Amberg, Bardarson, Kellar,
Corbridge
No: Dunham, Valdatta
Ordinance 2008-008, Amending Seward City Code Title 2, Section 2.30.325, Powers And
Duties Of The Port And Commerce Advisory Board. Notice of the public hearing being posted
and published as required by law was noted and the public hearing was opened.
Ron Long, said the make up of the Board had changed since this city code was written and
the Board wished to address quality of life issues and requested council support in the re-write.
City of Seward, Alaska City Council Minutes
April 28, 2008 volume 37, Page557
Motion (Bardarson/Amberg)
Enact Ordinance 2008-008
Kellar supported the new mission statement and appreciated all the Board volunteers.
In response to questions by Valdatta, point of order was raised by Bardarson to stay on task
with this ordinance.
Motion Passed
Unanimous
UNFINISHED BUSINESS
Ordinance Postponed From The Previous Agenda
Non-Code Ordinance 2008-005, Submitting A Proposition To The Qualified Voters At The
October 7, 2008 Regular Municipal Election To Exempt City Of Seward Municipal Elected
And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes
(State Of Alaska Public Official Financial Disclosure Law) Relating To Disclosure Statements
And Conflicts Of Interest, And Establishing Local Guidelines.
Notice of the public hearing being posted and published as required by law was noted and occurred
on April 14, 2008.
Oates reminded council they would still have to follow the state campaign laws if this was
passed. If passed, the clerk would bring a form and resolution at the next meeting which would
basically adopt the 2007 A.POC form. Oates stated it was not possible to have lengthy wording in
the ballot language.
Previous Motion (Bardarson/Smith)
Motion Passed
Enact Non-Code Ordinance 2008-005
Unanimous
NEW BUSINESS
Resolutions
Resolution 2008-033, Repealing Resolution 1995-007 And Adopting The Updated Seward
Marine Industrial Center Development Plan.
Motion (Bardarson/Dunham)
Motion (Kellar)
Approve Resolution 2008-033
Postpone Resolution 2008-033
Motion died for lack of a second.
In response by a question from Bardarson, Oates stated it was assumed there would be public
parking designated for the public docks.
City of Seward, Alaska City Council Minutes
April 28, 2008 volume 37, Page558
A request to change a typographic error on page 165 by taking out the wards, "If required"
was agreed to by unanimous consent.
Motion Passed Unanimous
Resolution 2008-034, Authorizing The City Manager To Accept A $1 Million Dollar State
Grant For The Immediate Stabilization Of The Jesse Lee Home And Administering A Phase II
Structural Engineering Report For The Friends Of The Jesse Lee Home.
Motion (Bardarson/Amberg) Approve Resolution 2008-034
Oates stated the Friends of Jesse Lee Home needed the city's expertise to staff and assist in
obtaining and preparing an engineering report to decide how to stabilize the home. He thought it was
important to assist because if it couldn't be restored, there would be no reason for the leadership
school in Seward. Without the historic preservation of the project, tax credits could not be sold
which were a maj or component for funding. He stated staff would administer the funds and draft the
RFP.
Amberg had always supported the Jesse Lee Home, but the city had been careful not to get
involved with the project itself. She was concerned about city staff taking on this additional
workload burden. She thought a 501 (c) took 2-3 working days to a week. She supported the
project, but not the city being involved in the process. She did not know why the Friends of 3esse
~. Lee Home could not obtain the 501 (c).
City Attorney Cheryl Brooking stated setting up a 501 (c) under the federal law took months.
In general, usually one creates a state entity, then apply so grants could be accepted. Brooking
reminded that the city owned the Jesse Lee Home.
Oates said this project could not succeed without it being a City of Seward priority. He
assured it did not hurt the city's efforts on other projects. The city would assist in jump starting the
project and their involvement would carry the project until the 501(c) 3 was completed. He
estimated this process would take three months to a year. Oates said this was an enormously
important project to retaining the school for the future in Seward.
Motion Passed
Yes: Kellar, Valdatta, Dunham, Bardarson,
Corbridge
No: Amberg
Resolution 2008-036, Approve And Adopt The Seward/Bear Creek Flood Service Area Flood
Hazard Mitigation Plan
Motion (Dunham/Bardarson) Approve Resolution 2008-036
,~,,,,, Oates added "in principle" to Section 1 of the plan, because he thought it allowed the city to
take exception to the plan, but still pass the plan because it was important for emergency
management purposes and it had been vetted through all other agencies. Oates mentioned how
City of Seward, Alaska City Council Minutes
A ril 28, 2008 Volume 37, Page559
politics played a role, but the administration found areas the city wanted documented to protect the
city in the future. The City found insufficient evidence to conclude that the Long-Term Care Facility
(LTCF) was being built in a flood area and disagreed with that conclusion of this plan.
Community Director Bob Hicks thought it was irresponsible to build the LTCF in a flood
zone, and the building was moved for those very reasons. Even though staff disagreed with some of
the recommendations, they commended the SewardBear Creek Flood Service Area Board for
composing this plan.
Corbridge thought this resolution was eloquently rephrased to protect the city's position.
Kellar was embarrassed the city made alterations to this plan. She stated FEMA and the
Borough both approved it and thought mention of floodplain came from somewhere. She thought
the council should support the Board and their plan.
Mayor Corbridge ruled Kellar's subsequent comments out of order.
Oates and Hicks were offended by Kellar's statements as they were factually incorrect and the
city had every right to disagree.
Kellar wanted to know if there was sufficient evidence that the LTCF was not in danger from
the levee.
Oates stated the area just happened to have a levee in back of it, had never had a flood, there
was no record of a flood occurring in that area, nor was it on the FIRM map or any other maps.
Oates agreed the Spring Creek area needed to be inspected and more diligence paid towards
maintenance.
Motion Passed
Unanimous
Resolution Postponed From The Previous Agenda
Resolution 2008-029, Authorizing The City Manager To Make Repairs To A 1999 F-250
Service Truck, For An Amount Not-To-Exceed $20,000.00
Motion (Bardarson/Valdatta) Approve Resolution 2008-029
(Previously made on 4/14/08)
Oates argued the necessity for an overloaded vehicle. He stated he was frankly in the
position that if he couldn't give his employees their needed equipment, the city could lose power and
he thought that was taking too much risk. Oates said the vehicle must be towed to be repaired, and
he could not continue power to the residents unless this vehicle was repaired or replaced.
Electric Utility Manager Tim Barnum stated this vehicle, if repaired, was over its legal
weight and preferred to replace the vehicle than repair it.
City of Seward, Alaska City Council Minutes
Apri128, 2008 volume 37, Page560
Amberg produced a quote from Stanley Ford. The estimate was half the price if it went to
Soldotna. She thought an in-town business could give an estimate and she was tired of ball park
figures on repairs. If it could be repaired for under $10,000, she thought it should just be repaired.
Valdatta did not think the lineman should have to drive second hand junk.
Dunham couldn't vote for $20,000 repairs. Anew truck was more in line.
Bardarson wasn't willing to put $20,000 in repairs, but wanted the expert to complete the
vehicle inventory.
Kellar wanted equitable uses of all vehicles.
Amendment (Kellar) Change The Dollar Amount To Say; "Not To
Exceed $8,000"
Motion Died For Lack Of A Second
Oates stated the vehicle study would not be completed in time. This was a service truck that
could be used for only one purpose. He supported replacing this vehicle and thought if it wasn't
replaced the city was being penny wise and pound foolish.
Motion (Amberg/Kellar)
Motion Failed
Main Motion Failed
Postpone Resolution 2008-029 To The Next
Meeting
Yes: Kellar, Amberg
No: Valdatta, Bardarson, Dunham,
Corbridge
Unanimous
Resolution 2008-037, Authorizing The City Manager To Enter Into An Agreement With
Worthingtoa Ford For The Purchase Of A 2008 F-550 4x4 Service Truck, For An Amount
Not-To-Exceed $56,502.00.
Motion (Valdatta/Dunham) Approve Resolution 2008-037
Discussion ensued that tomorrow was the last day for the quote on the new truck. Amberg
did not believe it would be off the lot tomorrow. Valdatta did not want to leave the lineman hanging.
Mayor Corbridge Asked If Adjourning Until Tomorrow Morning Would Work. Kellar
Objected. The Clerk Requested Recess vs. Adjourn To Not Readvertise.
Time Ran Out. Mayor Corbridge Called A Recess Unti18:00 A.M. Tuesday, Apri129, 2008.
City of Seward, Alaska
City Council Minutes
April 28, 2008 Volume 37, Page561
The Meeting Was Recessed At 11:00 P.M.
i
Jea Lewis, C
Cit Clerk `-
Clark orbridge
Mayor
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