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HomeMy WebLinkAbout07102006 City Council Minutes City of Seward, Alaska July 10, 2006 City Council Minutes Volume 37, POKe 189 Call to order .... The July 10,2006, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. Opening ceremony Police Chief Tom Clemons led the pledge of allegiance to the flag. Roll call There were present: Vanta Shafer presiding and Dorene Lorenz Bob Valdatta Jean Bardarson Steve Schafer comprising a quorum of the City Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Absent - Robert Thomas, Willard Dunham - Special orders, presentations and reports Proclamations and Awards - None Borough Assembly Report. Borough Assembly Representative Ron Long stated they had not met since the last report and would meet tomorrow. City Manager's Report. City Manager Clark Corbridge informed that a lease agreement for the fire training facility was reached that was acceptable to A VTEC and the city. It was approved and sent to the state attorney general (AG) on May 25, 2006 and A VTEC was still waiting for AG approval. The lease would be on the council agenda as soon as it was received. Corbridge reported the Teen and Youth Center won "Best Youth Entry" in the parade on the 4th of July. He thanked partners; Kenai Peninsula Borough Solid Waste, Sea View Community Services, Boys & Girls Club, ALP AR and the Parks & Recreation department for making ALP AR a success this year. Other items reported were: ).> 4th Avenue Dumpster. Corbridge assured the council that there would be a conclusion on the 4th Avenue dumpster issue soon. Notices had been sent, and it appeared the owner would be installing individual garbage cans for her tenants. - ).> Utility data analvsis. Corbridge planned to proceed with a first phase evaluation on utility data analysis from Siemens Building Technologies. This company had done an energy City of Seward, Alaska July 10, 2006 City Council Minutes Volume 37, PaKe 190 consumption evaluation for the city of Anchorage, and this would be done at no initial cost 1 to the city. ..J ~ Harbor breakwall. Federal lobbyist Brad Gilman indicated the authorization bill for the Corps of Engineers to fix the problems with the harbor breakwall they installed was gridlocked in D.C. ~ Creation of a Community Development Department. Corbridge had an ordinance before the council on the agenda to re-create a Community Development Department. Advertising began last week for a full-time Planner position, and advertising would go out soon for a Director of Planning and Development. ~ Mary Lowell Center & Washington Street vacation. The Alaska Supreme Court had rej ected Washington Army's application for an emergency temporary restraining order and injunction, and the Superior Court had issued a written Final Judgment in favor of defendants, the city of Seward and Jean Lewis, City Clerk. The plaintiffs could now appeal that judgment to the Alaska Supreme Court. ~ Long Term Care Facility. A public meeting would be held tomorrow to discuss the site plan, with Mark Kneedler of Architects Alaska present. The city was also moving forward with right-of-way acquisition. Staff had consulted with experts after individuals raised concerns of flood issues. The experts were not concerned and stated the new site was not in a flood zone. I ..... ~ Electric Department. Staffmet with attorneys on resolving several grievances with IBEW and a meeting was scheduled next week on settlement proposals. The Governor vetoed the $1 million dollar grant for generator replacement. The contractor Norcon, would begin work on the transmission line August 1, 2006. The city was still trying to finalize a couple of easement issues for an electric assessment district in the Bear Lake area, and were continuing work with the state for reimbursement of expenses incurred during the storms last February. ~ Public Works. The Third Avenue water line was progressing on schedule. Work continued on renewing the NPDES permit for the Lowell Point wastewater lagoon. Plans for elevator shaft repairs had been approved by the state, and contractor options were being considered. ~ Harbor. Departments reviewed design plans for the south harbor M, N, 0, P and Q floats. Corbridge was happy to report the city received a phase 2 grant in the amount of $1.2 million for the T-dock and bulkhead, and also a separate phase 2 grant for $1.0 million for the T -dock and bulkhead. ~ Other grants. The city was notified that they were appropriated a FY 2007 designated legislative grant for the shellfish hatchery in the amount of $150,000.00. The city had received a $50,000.00 grant for repairs to the Seward Senior and Community Center, and was listed for a water tank grant under the Alaska Clean Water Fund. i ..... City of Seward. Alaska July 10, 2006 City Council Minutes Volume 37. FaKe J 9 J ..... In response to questions, Corbridge stated it was still possible to replace the generator with money received from the February storm. Corbridge stated there were no finalized drawings from the land purchased for access to the LTCF and along the levee, just general corridors where right-of- way was needed. He said the city had funds to construct one pavilion but not both. He hoped to complete one this year and one next year. Corbridge stated the permitting process for the levee involved both Federal and State agencies, and hoped to have a decision from them soon. Port & Commerce Advisory Board Report. Deborah Altermatt stated their July meeting was postponed, and they would resume in August. A work session was scheduled for July 19, 2006 and they would have a presentation on tidal energy. The Board was having trouble with quorums and keeping a full board. Present members would not be renewing and she encouraged community members to apply. Altermatt was thankful Christy Terry was hired, and they looked forward to working with her. Other Reports, Announcements and Presentations Mile 0-8 update by DOT Proiect Engineer Allen Drake. The last ofthe waterline tie-ins would be completed in a day or so, with the underpass completed next week. The contractors would then work in the area of the Three Bears store to the airport. There would be periodic paving until the end of August, and streetlighting would go out to Exit Glacier Road. - Powerpoint Presentation by VISTA Volunteer Rob Rance. Rance spoke about the benefits of a VISTA program volunteer. He hoped to strengthen community involvement and defined two goals which were: 1. Create a master plan for economic development for Seward. 2. Create viable marketing strategies and tools for Seward. Citizens' comments on any subject except those items scheduled for public hearing. Walt Ebell, with Kodiak-Kenai Cable Company, LLC introduced himself, and would be in the audience if there were any questions about their permit agreement. Tim McDonald, spoke against the vacation of Washington Street and stated this was a property rights issue. He felt the rights of the people were getting trampled by the big businesses. He said the citizens owned Washington Street and they were being circumvented. McDonald hoped the council was prepared for the bad publicity that would be generated. Polly Egger, wanted to sign up for a free bucket truck ride. She had seen the electric foreman take his girlfriend for a ride in the bucket truck. She thought it was dangerous and could generate a lawsuit. This truck was city property and there should be no rides at citizen's expense. - Bill Hearn, stated he felt like nobody. He said individuals keep stating that three years ago, nobody spoke out against the vacation of Washington Street. He was somebody, and he had always spoke out against the vacation of Washington Street. He thanked council member Valdatta for City of Seward, Alaska July 10, 2006 City Council Minutes Volume 37, Page 192 clarifying to Mayor Shafer at the last council meeting, that he had always spoke against the vacation. Hearn stated the mayor said at the last meeting there was a 100% vote to vacate the street. He had checked the minutes and found the preferred alternative had seven who spoke against the concept, and four who spoke in favor of it. The minutes also inferred it was only a concept, study or base to work with, and accepting the concept was not accepting all of the recommendations. Council member Amberg felt the biggest issue was vacating Washington Street. j I ...... Scott Egger, welcomed the City Manager to the "set up for failure" club, and thought he was now in the same boat as he was. He thought Corbridge's comments about reaching a settlement with IBEW were interesting. He wanted to know who citizens go to to be heard. Egger mentioned a colleague of his had been fired for lying, and the city administration had lied to do it. Approval of agenda and consent agenda Motion (Lorenz/Bardarson) Approval of Agenda and Consent Agenda Motion passed Unanimous The clerk read the following approved consent agenda items: The May 22, 2006 and June 12, 2006 regular city council meeting minutes were approved. Resolution 2006-81. authorizing a one year contract for $449,422 with the State of Alaska, ..... Department of Corrections, to provide for operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska Statutes. Public hearings - None Unfinished business - None New Business Ordinance for Introduction Ordinance 2006-005. amending Seward City Code, making the necessary changes to Title 2, Administration, to create a Community Development Department. Corbridge was proposing changes to the community development division. He wanted to re- establish the department, change job descriptions, and structure it back to an effectively functioning department Motion (LorenzNaldatta) Introduce Ordinance 2006-005 and set for a public hearing July 24, 2006. :j IIIIlIIII City of Seward, Alaska July 10, 2006 City Council Minutes Volume 37, Page 193 Amendment (SchaferIBardarson) Add; "He shall provide input and aid in the field of economic development by working with businesses, groups, and individuals interested in locating in Sewara" to Section 1 under City Manager duties. - Amendment Passed Unanimous Amendment (Shafer/Schafer) Add a portion of #11 back in to read; "He shall provide for long and short term and municipal planning" to Section 1 under City Manager duties. Amendment Passed Unanimous Main Motion Passed as Amended Unanimous Resolutions Resolution 2006-082. authorizing the city manager to enter into a permit agreement with Kodiak-Kenai Cable Company, LLC for purposes of laying fiber optic cables and related improvements across land owned by the City of Seward. ..... Corbridge commended the city attorneys and departments on giving input for this expedited matter. He stated ifpassed, the cable landing would occur next week. The city thought this contract was a good one, and was modeled after prior ones, and thought it was a good thing for Seward and Alaska to have it landed here. He recommended passage. Motion (Lorenz/Bard arson) Approve Resolution 2006-082 Motion (Schafer/Lorenz) Suspend the Rules to allow the Cable Company to answer questions on where the route was. Motion to Suspend Rules Passed Unanimous consent Bruce Rein, a member from Anchorage GCI, stated the cable routing was from Anchorage to Kenai, Kenai to Homer, Homer to City of Kodiak, City of Kodiak to a Kodiak launch facility, then to Seward. Seward was the end point ofthe KKCC portion, which would intertie with the AT &T cable that existed along the railroad. This would basically bring more broadband and reliable services to Kodiak. He stated this would create a loop back to Anchorage. Motion passed Unanimous - Other New Business Items City of Seward, Alaska July 10, 2006 City Council Minutes Volume 37, Page 194 A work session on permitting and planning will be postponed to the July 24 agenda. i ...J Council comments Schafer was pleased with the progress from DOT, and glad some businesses were getting their customers back. Bardarson wanted to see the priority list soon. Lorenz repeated the great idea by Bruce Sieminski about naming the pavilion the Seahawk pavilion for all graduates that come back to Seward. She thanked the Chamber for the 4th of July festivities and congratulated the hometown girl Cedar for her win. Mayor Shafer thanked the city crew for their 4th ofJuly efforts. She was proud of hometown girls Cedar Bourgeois and the Foldager twins that were upcoming mountain runners. Citizens' comments Bill Hearn again reiterated he was upset with Mayor Shafer stating nobody spoke against the vacation of Washington Street in 2003, and read excerpts of the minutes. He stated that council member Amberg had said most of the people that called her were not in favor of the vacation, and council member Branson read a letter from a concerned citizen to save the footprint of the Solly's building. Hearn said later, the Park Service had an official 30-day comment period. Despite uncertainty of where the center would go, they received six letters to not vacate the street. The actual vote was 5-2, not unanimous. They were not going to go away. He stated the Town Center plaza idea was dead in the water because Thorn's lot was not for sale. Hearn wanted the mayor's words "nobody speaking" and "unanimous" stricken from the record, and wondered if it was intentional misleading. He thought those erroneous statements made her unfit to run the city. f ...J Scott Egger, thought Hearn had accurately documented facts and would make a good council person. He also hoped Rob Rance would be given a lot of cooperation. He read an email about the subj ect of light duty that he was told did not exist. He wanted to know who was behind all "these things." He stated certain employees ofthe city lied under oath, and the Personnel Officer lied in a transcript. Egger spoke about confidential disclosure, and did not want to be silenced when the administration had something to hide. He thought the citizen's had the right to see how their administration was operating. Iris Darling, thanked Bill Hearn for researching the record of what happened on Washington Street. Kathy Byers spoke in favor of Clark Corbridge. She was astounded he was being reviewed again. She noted this town went through city managers and she was delighted to get Corbridge to stay. Byers was not happy with how he was being treated, and did not know why he was being reviewed. She read an excerpt of a letter. Byers was also upset the city administration gave Pruitt another extension with all his environmental issues. . ~ ....l City of Seward, Alaska July 10,2006 City Council Minutes Volume 37, Pa~e 195 - Tim McDonald, commended the city manager. He thought his legal training was keeping the city out of harms way. He decided the assistant city manager was working for the Park Service. He hoped the council was getting a taste of what the people meant. McDonald thought the council was not meeting the desires of a majority oftheir constituents, thus the mayor recall. He felt council was siding with special interest groups. McDonald thought the people who lived here were the smartest, and that Washington Street had 1 OO-year history and was the geographic heart of Seward. He felt deceived and urged the council not to "steal" their street. Polly Eggers, was glad Bill Hearn spoke and was also glad that Corbridge was on the hotseat. She thought towns should be able to talk things out and not hate each other and be split over so many issues. Eggers queried if there wasn't money for the pavilion put in Margaret Branson's name. Sharyl Seese, thanked Bill Hearn for all his work and stated he was not a nobody. At the Planning & Zoning meeting last week, she was tickled that a gentleman spoke about traffic flow, and getting people to the Sealife Center, which had nothing to do with 4th Avenue. She thought this plan would cut downtown off. She did not want to close off Washington Street. Seese wanted to keep the Mary Lowell Center but thought it would be a good idea to put everything on 5th Avenue instead. - Bob Linville, appeared to support Clark Corbridge. He had been paying attention and was impressed with Mr. Corbridge and thought he had gotten the city out of problems and was doing a good job. He thought the Washington Street vacation ofthe Mary Lowell Center was generating a lot of animosity within the town. Linville thought a vote would help settle the dispute. Most people he knew were speaking against it, and it was a shame because a building like this should make everyone feel good and not resent it. Council and administration response to citizens' comments Valdatta stated the LOG reporter was not 86'd from the meeting. His non-attendance came from their headquarters. Mayor Shafer stated Branson's family was raising money for a pavilion. Schafer was sad this multi-agency center was dividing the community instead of bringing it closer. He didn't think it was fair to label all council members as bandits on the Washington Street vacation. He stated it was a split vote when he sat on Planning & Zoning, and a split vote to veto the vacation. Schafer felt the park service presentation weighed heavily with intangible values, and he had always thought there should be a vote. On another matter, Schafer stated it was the responsibility ofthe city council to give the city manager direction, and they would do it in private or public. He shamed the public for ruling by mob. Schafer could almost find this humorous if it were not serious. He stressed their need to conduct government. - Lorenz remembered years ago Bill Hearn showing her a picture of Washington Street. She was distressed there was not a public hearing on this issue and thought it was disturbing to hear. Executive Session City of Seward, Alaska July 10, 2006 Motion (Schafer/Bardarson) Motion passed Adjournment The meeting was adjourned at 9:21 p.m. .~ ~ ~~/M . Jea~ Lewis l Cit~ Clerk ",,'IIf1h, ........' Or SE't1/"", ".:- ~--4. .......... ~ #, (City Seal)l G,,'~O?-10R.4;.~...'() \ 'It...::. 0-. ~ ... .~.....- . .- :; : ~ - ,. : SE.AL : 0 ;: .\\1 . . .. IlIII :~ --- :: "~ ... l ~ -:. '. "u ...'\.0.' ~ :: ~ l$l):,....//E!. 1, '\~...:.,~ $ .., ~h ......... t:J~"" '~, ~ OF p..\.~~..~ ""'lIn""~ City Council Minutes Volume 37, Page 196 Postpone going into executive session to discuss performance expectations of the city manager until the July 24, 2006 regular meeting. J Yes: Bardarson, Valdatta, Schafer, Mayor Shafer No: Lorenz .~j~ A~t/ Vanta Shafer Mayor ..... ......