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HomeMy WebLinkAbout08282006 City Council Minutes City a/Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page220 CALL TO ORDER .... The August 28, 2006, regular meeting ofthe 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 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 .... Absent - None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Borough Assembly Representative Ron Long stated the Spruce Creek Bridge total bid package was $1.2 million, a bit over the threshold for a vote. The Borough Attorney developed findings that negated that requirement, and the project was already underway. There was a possible constitutional question on restricting legislative body's ability to appropriate funds in allocation of assets, and whether a referendum would apply to issues of health and safety. The approval contradicts the statute that a governmental body can make emergency appropriations. A proposed amendment to put this before voters failed 7-2, and the main motion passed 8-1. This would be a good test case for Proposition #4. Long stated an ordinance to appropriate $400,000 for an education lawsuit failed to be introduced and at their next meeting they would hear a proposed ordinance that tied the senior citizen property tax exemption to the Permanent Fund Dividend (PFD) requirements. Long would also be introducing a resolution opposing a herbicide permit for the Alaska Railroad at that meeting. In response to questions, Long mentioned the Old Mill Bridge was on the road service area project priority list. He also stressed that federal money awarded for beetle kill could only be used on utility ROW's within borough land, and could not be applied on federal or state land. .... City a/Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page221 City Manager's Report. City Manager Clark Corbridge announced there was a public hearing this evening for final plat action on the vacation of Washington Street before the Kenai Peninsula Borough Planning Commission, and an outside consultant would give a 30 minute presentation on the Mary Lowell Center at the next meeting. Corbridge also noted a work session of the Historic Preservation Commission would take place Wednesday to discuss the Hoben Park improvements in detail, and the Alaska Sealife Center would be invited. He reported both COO and Chugach had contributed $10,000 to the Friends of the Jesse Lee Home project, and had plans to apply for a Rasmuson Grant and to the state for restoration funds. Corbridge notified that the Planning & Zoning Commission would be conducting the replatting and rezoning for the Long Term Care Facility and address the conditional use permit within the next two weeks. The Administration would be holding an open house on Friday, September I, 2006 to hear from downtown business merchants. Other items were: ~ Harbor Department. Bid documents for the South Harbor timber floats M, N, 0, P and Q were completed and the project was being advertised. Construction of the timber floats were on schedule. Staff from the U.S. Department of Commerce had taken a tour ofthe small boat harbor and SMIC area, and expressed it was nice to see the issues first hand. ~ Library/Museum. Per city council direction to expedite the property sale, Corbridge stated the best way was for the city to purchase the property as-is and remove the fuel tanks later. A contract was drafted and hand-delivered to the Salvation Army August 22, 2006. The Salvation Army's Division Finance Council recommended the contract be approved and it was sent to their Territorial Headquarters for approval last week. ~ AML/JIA Update. AML had retained all members from last year and added three new members. Although property coverage continued to be a challenge, AML/JIA was still able to maintain its unparalleled $1 billion earthquake coverage. They reported the financial condition of the pool was growing stronger, and the Alaska Law Enforcement Agency Accreditation Commission had established standards for police training. ~ Seward Marine Center dock (SMC). Aspects of the proposed dock were explored with considerable public input at the August 8, 2006 work session. Corbridge was seeking direction on a number of issues, mainly; whether the City should accept the conceptual plan, and should the City plan an ownership role in the dock. ~ Public Works Department. Potholes were being repaired and brush cut in ROW's. They were also continuing generator plant work, winter vehicle preparation, installation oflights, sirens, etc. on newly acquired fire vehicles, and completing the RFP for the new water/wastewater vehicle. The W ater/W astewater division would be finishing up the Third Avenue water main proj ect within two weeks, was writing a grant request for a new water tank, preparing for Lowell Canyon water tank inspections, and attending to a grease problem in a sewer main in the small boat harbor. The department was still researching building plans for the Senior Center re- siding, fixing the roof drain system at City hall, researching boiler replacement for City Hall, and finalizing the draft design for ADA parking in the alley behind city hall. ! ...J ,{ I ;t ..... f ..... City a/Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page222 ...... The Denali Commission was requesting nomination for rural road and waterfront development projects and hoped to take advantage of those. Corbridge also passed out another draft of his Task and Priority List for council. In response to questions, Corbridge explained high steel costs were factored in the pavilion designs and none of the bids were over $500,000. Staff was looking at items to make them more affordable. He also explained that until bonds were issued and certificates of need completed, there would be no money to pay for the property in Forest Acres. Planning and Zoning Commission Report. Chair Marianna Keil stated, though staff recommended against it, the Commission felt it was appropriate and re-zoned Lots 7 A and 9A by the Ambulance Corps on D Street from Rl to AC and R2. Keil said they granted a variance for an aircraft hangar at the Seward airport. Other Reports, Announcements and Presentations A Mile 0-8 update was given by DOT Project Engineer Allen Drake. Drake said the waterline between VanBuren and Madison was finished. Curb and gutter work was beginning and the underpass was scheduled to be finished within the week. The next round of paving would begin September 15, 2006 and they were waiting on weather for striping, with no construction on Labor Day Weekend. .... In response to questions, Drake stated the culvert was part of the levee project and the city was responsible for doing work under the tracks. Historic Preservation Commission applicant Meredith Hershock. Port and Commerce Advisory Board applicant Darryl Schaefermeyer. A report was given by City Manager Clark Corbridge on the City's goals and objectives. Corbridge shared a synopsis of progress on major city projects during his 18-month tenure. Although he relished the challenges and controversies ofthe community, he was astonished by the depth of negative feelings expressed at council meetings. Corbridge's message was to continue the positive momentum previously built, and work corroboratively to build a better community. He requested everyone conscientiously work together to stop the negativity, and focus on mutual goals for the betterment of Seward. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Tim McDonald, mentioned there were a lot ofprojects and only one highway going out of town. He wanted a resolution directing the Alaska Railroad to put in a commercial access road for the city, on their railroad property. Then traffic could be routed off the main highway. .... Nathan Orr, was trying to disprove a theory, because he felt Seward has the opportunity to have its cake and eat it too. He said there were handfuls of customers needing harbor space such as; City a/Seward, Alaska August 28,2006 City Council Minutes Volume 37, Page223 the Coast Guard, state research vessel, tug and barge companies, and freight companies. Orr thought between public and private sector, there was over $100 million dollars invested in SMIC area across the bay. In spite of the fact SMIC area was under capitalized and unfinished, it had been a success with the Spring Creek prison, a mill, a shipyard, and various other businesses investing capital. Orr emphasized this had been on the priority list for over 20 years and still was unfinished. He stressed the city needed to finish the North boat basin and uplands to provide twice the moorage and space and put the industrial customers in the industrial area, and leave the waterfront at the end oftown for the public, research and education. I .... Amy Ireland, spoke on behalf of the National Park Service. They had completed two more trails at Exit Glacier and had future plans for next year, such as a wheelchair accessible loop and another spur created to the glacier. She invited the community to come out and enjoy them. Scott Egger, stated he was still wrapped up in an easement issue in Clearview Subdivision. He mentioned a recent ad from HEA was passed around and spoke about utility easements. He wanted the public to know trespassing on utility easements was illegal, and these easements were private property. Egger thought there would be huge ramifications that would affect all landowners in the subdivision. He wanted the city council to take care of the problem. Doug Lechner, spoke as a business owner at SMIC and encouraged council to make the vision grow and come to fruition. He stated the breakwater needed to be finished. Lechner wanted to support and promote the marine research vessel, but urged council to pursue funding for the SMIC area also. He also stated it had been on the priority list for years, and suggested a small committee be formed to focus on establishing goals and pursuing funding. j * ....,J Tom Smith, was tired and baffled, because the Institute of Marine Science had been working on the Seward Marine Center dock and acquiring the research vessel for three to four years. He informed that this was not a state vessel, but was owned by the U.S. government, and the University operated it solely on an agreement with the National Science Foundation. Smith stated the dock was inadequate, and they needed to know if the city would want to use the dock. He stated these were only thoughts and there had been no decisions made as yet. He thought the money was available for two years. Pat Marrs, liked the very positive speech presented earlier by the city manager. He had invested many years and money in SMIC. Marrs thought the research vessel would be better located across the bay where the land was available to accommodate it. He noted the city had sat on SMIC for 25 years and thought the investment should be there. He did not want to divide the town, but wanted both sides ofthe bay to be successful. Ron Long, stated the manager was asking for big policy questions about the Seward Marine Center dock that deserved a big policy. He did not understand the urgency because he thought items that were fast-tracked usually came back to bite. Long felt time was needed to deliberate on this huge project and P ACAB was the committee to look at it. t ..... Polly Egger, stated there still was no shade on the light. She thought things in this town were so silly. She heard rumors and untruths were being believed, and they were being accused of City 0/ Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page224 ... putting cat poop in a Subaru belonging to the neighbors. Egger stated the neighbor had cats and dogs running all over and it was a hotel. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (LorenzlBardarson) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The August 14, 2006 regular city council meeting minutes were approved. Meredith Hershock was appointed to the Seward Historic Preservation for a term to expire May 2008. Darryl Schaefermeyer was appointed to the Port and Commerce Advisory Board for a term to expire July 2009. Resolution 2006-092. Pledging A Contribution Of $2500 To The Proposed Statewide Methamphetamine Abuse Education Campaign. ... PUBLIC HEARINGS Ordinances for public hearing and enactment Ordinance 2006-007. Amending Seward City Code Parking Requirements 15.10.215 (0) Handicapped Parking To Ensure Compliance With The Americans With Disabilities Act (ADA). City Manager Clark Corbridge stated these changes were needed to bring the parking requirements into compliance with the American's with Disabilities Act. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Marianna Keil, asked if the word 'handicap' could be changed to 'accessible.' Motion (Thomas/Lorenz) Enact Ordinance 2006-007 Police Chief Tom Clemons stated drivers go to the DMV office for a sticker. Amendment (Dunham/Schafer) Change the word "handicapped" in the title and in Section 1 to "accessible." .... Amendment Passed Unanimous Consent City of Seward, Alaska August 28,2006 City Council Minutes Volume 37, Page225 Main Motion Passed Unanimous i ...J Ordinance 2006-008. Amending Seward City Code Section 4.05.025 (B) Stating The Order Of Placement Of Names Of Candidates On Ballots Will Be Randomly Determined By The Clerk And Rotated As The State Adopts For Their General Election. Corbridge stated this was mainly a housekeeping change making our code stay compatible with changing election language passed by the legislature this year. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Scott Egger was confused and unsettled with new ordinances being proposed all the time, and wanted an explanation as to why the change was needed. He felt the less change the better off the city was. Motion (LorenzlThomas) Enact Ordinance 2006-008 City Clerk Jean Lewis explained this ordinance amendment did not change any procedures that were currently in place, just re-worded it to continue to randomly select names that were put on ballots, and not rotate them. Since state statute only spoke of rotation, randomly selected wording was put into our code to allow current practices on the Peninsula to be uniform and consistent. I 1 ..J Motion Passed Unanimous Resolutions requiring a Public Hearing Resolution 2006-091. Authorizing The City Manager To Enter Into A Lease And Operating Agreement With The Chugach Regional Resources Commission And Terminating The Operating And Maintaining The Seward Mariculture Research Center And Shellfish Hatchery On The Site Described As Tract IB, Waterfront Tracts Subdivision, Mariculture Addition, According To Plat 97-18, Seward Recording District, Third Judicial District, State Of Alaska, Excepting The Pedestrian Pathway. Corbridge thought the amount of $40,000 was appropriate and reduced the bond from $100,000 to $40,000. This resolution released Qutekcak Native tribe from the operation of the shellfish hatchery, and put Chugach Regional Resources Commission (CRRC) responsible. Notice ofthe 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 (Dunham/Lorenz) Approve Resolution 2006-091 4 ..... Motion Passed Unanimous City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page226 ..... UNFINISHED BUSINESS - None NEW BUSINESS Resolution 2006-093. Authorizing The City Manager To Enter Into An Agreement With NYE Frontier Ford For The Purchase Of A 2006 Ford F250 Crew Cab 4x4 Truck, For An Amount Not To Exceed $28,710. Corbridge stated this vehicle was approved in the 2006 budget. After a vehicle was located, they used the state competitive bid process and utilized the state's purchasing power. Motion (Bardarson/Dunham) Approve Resolution 2006-093 Lorenz wanted to see quote sheets. Valdatta wondered why a crew cab was necessary. Corbridge stated the current city code required the city to surplus equipment one time a year. This vehicle must be held onto for another year, since the surplus sale was this past spring. He stated the vehicle was currently running, but was not economically viable to maintain, given the number of service requests on it. .... Acting Public Works Director, Nort Adelmann, came in to answer questions. He stated the department could use an extended cab instead ofa crew-cab, it's just that this crew-cab vehicle was the best deal. He stated a cover for the bed was all that was needed. Motion Passed Yes: Lorenz, Schafer, Valdatta, Dunham, Bardarson, Shafer No: Thomas Other New Business Items A work session was scheduled for September 14, 2006 at 7:00 p.m. for planning and permitting. Discuss and provide direction to Administration on Seward Marine Center dock, and determine whether to appoint a committee or work group to review and develop options. Mayor Shafer remembered the $1.2 million came from Don Young's transportation bill for a ferry marine dock at SMC to keep the Tustumena also. .... Dunham stated he remembered the money was originally for DOT access to the airport. In the transportation bill, the lobbyist moved it down to the Sealife Center area to encompass engineering for a dock capable to handle a ferry landing. He noted the money had strings tied to it on how it could be used, and the money could not be spent anywhere else. City of Seward, Alaska August 28,2006 City Council Minutes Volume 37, PaKe227 Valdatta wanted the Port and Commerce Advisory Board to study this, and did not think there was room for expansion in that area. i ...,J Mayor Shafer wanted to approve the concept of the dock. Schafer stressed there were no guarantees the boat would come to Seward, even if the dock was built. He too, did not think there was enough room in that area for loading a ferry, and that this question should be studied by P ACAB. He did not think the city needed the liability of owning the dock. Schafer wanted the city to finish the other side of the bay first, and stated there was no business getting involved in this dock, other than allowing it to happen. Lorenz wanted to save the Railroad barracks and stated the industrial things needed to go into an industrial area. Bardarson and Thomas thought P ACAB should look over this and report back with the answer on where the dock should be best located. Dunham couldn't believe what he was hearing. He reminded the council that the M/V Alpha Helix was being decommissioned and the council had endorsed this project many times before. He stated it took hard work from the lobbyist to put this into place. Dunham stated the funding was there, the University did not want to divide their assets, and the engineering had nothing to do with , SMIC. .....J Motion (LorenzlThomas) Instruct P ACAB to review and develop options for a wave barrier and new industrial dock appropriate for Alaska State ferry use. Schafer was in favor of SMIC being developed, but stated if the money was earmarked and appropriated only for the University, then it needed to go to the University. Motion Failed 4-3 Yes: No: Thomas, Lorenz, Valdatta Bardarson, Schafer, Dunham, Mayor Shafer Motion (Dunham/Bardarson) Apply for the money needed to begin an RFP for an engineering study for a wave barrier and dock that is ferry capable for the Seward Marine Center (SMC). Corbridge asked for clarification if this was to answer his past question in the affirmative, whether the city should accept the conceptual plan'j .... Dunham stated no. He thought P ACAB could look at the development of the plan after the money was applied for. City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page228 -- Lorenz did not want to be rubber stamping this project as feasible. Motion Passed 6-1 Yes: Thomas, Bardarson, Shafer Lorenz Schafer, Dunham, Valdatta and Mayor No: Most agreed, and direction was given to the administration, for P ACAB to look at the feasibility and development of the Seward Marine Center (SMC) dock plan and its possible uses. INFORMATIONAL ITEMS AND REPORTS (No action required) Hospital Financial Statements for July 2006. COUNCIL COMMENTS ..... Lorenz had received a phone call from Pat Williams, who expressed a need for ladies facilities in Williams Park, and wished that be put in the budget. She stated the Senior Center was looking for halibut and salmon donations. Lorenz needed guidance on what the numbers and equipment meant on the medical center financials. She also relayed that after attending the Jesse Lee Home meeting, the architect was excited of the condition ofthe building, and reported there was a strong movement to move forward on that property. Thomas was happy to see eleven people running for council, and hoped there would be an opportunity to get the Tustumena back in Seward when the new administration took over. Valdatta had toured the hatchery and heard that several communities had put money together to purchase smolt for the next couple of years. He stated the community would have to make a decision on buying these smolts and let the hatchery know soon. Dunham, complimented the museum on their nice turn out celebrating Founders Day today, and the Chamber for a successful but soggy salmon derby. He noted the Hooper Bay disaster and thought the library could donate some books to replenish their library. Dunham reported several times of the implications of the Stranded Gas Act, and after reviewing a report, stated the port authority was the only one who offered any gas for Seward. He wanted support for supplying coastal cities with gas. Dunham watched high school football and mentioned other peninsula communities had upgrades done to their outdoor facilities, but not Seward. He wanted Seward to push to upgrade the track and field area. Shafer wanted all council members to give their changes to the evaluation forms. She liked the prior comments by the city manager about projects and being positive. She stated projects began with the community first, and after a lot of hard work, it was good to see them come to fruition. ..... Shafer stated the reputation in Juneau for Seward is; "Seward gets it done!" City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page229 CITIZENS' COMMENTS ,.V I ..." Tom Smith, clarified the Seward Marine Center had always been called the Seward Marine Center. He wanted all to realize the University would not move across the bay. The only user the University cares about was NOAA. He needed input if the city wanted the dock for other uses or wanted to own it. Ron Long, found it interesting the port authority would offer gas to coastal communities, particularly because they had none. He stressed P ACAB was not an engineering firm, but could be of assistance in answering the questions of ownership and whether to support the concept. He stated this was a University project so the city could not tell them to go across the bay. Long thought the city needed to focus on the conflict of uses and explore options, and he welcomed Darryl Schaefermeyer to P ACAB. Scott Egger thanked the council for the spirited conversation and discussion on the SMC dock. Egger thought he had been terse with people, and knew he was a rain cloud, but hoped he brought that forth to make the city a better place. He thought some things needed to be addressed. He wanted answers to his questions, and spoke ofpetjury, document requests through the clerk's office, and railroading from another employee. Egger wanted assurance that contracts were adhered to and thought it council's responsibility to follow through. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS :$ :t ....... Valdatta wanted to know the potential revenue on each dock. He stated people were being turned away. Dunham responded the gas was in the exterior, and the proposal was the only proposal that included the coastal communities. That was what made it interesting to him. 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