HomeMy WebLinkAbout09112006 City Council Minutes
City of Seward, Alaska
September ii, 2006
City Council Minutes
Volume 37, Page230
CALL TO ORDER
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The September 11, 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.
The City Council took a moment of silence in memory of those who lost their lives on
September 11,2001.
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
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Clark Corbridge, City Manager
Jean Lewis, City Clerk
Johanna Dollerhide, Assistant City Clerk
Absent - None
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
The Seward Volunteer Fire Department was recognized for 100 years of service.
City Manager's Report. City Manager Clark Corbridge's report consisted of:
~The Kenai Peninsula Small Business Development Center was offering business
counseling. Corbridge read a business start up schedule of events and announced administration was
inviting the Center to speak at the October 9,2006 council meeting.
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~Public Works: The department was gearing up for winter, preparing the 200712008
budgets, doing routine maintenance for the generator plant, working on roads, finishing up the Mile
0-8 project, working on upcoming RFP's and preparing to repair the Senior Community Center
building.
City of Seward, Alaska
September I J, 2006
City Council Minutes
Volume 37, Page231
~The Electric Department: was busy finalizing the cost estimate for the Elhard Assessment I
District. The city manager relayed estimated construction costs and informed the council a public J
hearing and resolution would be coming to the council soon. Two grievance arbitrations were
scheduled for September 18, 2006.
~Parks and Recreation: Registration for Sports and Recreation's fall leagues were open,
meetings were occurring with the new Seward High School principal to discuss the future of the
Community Schools program. The Teen and Youth Center helped clean the new Elks Lodge, the
After-School Program began, routine campground and park maintenance continued despite rainy
weather, and SPRD's fall brochure would be published next week.
~Tri-Boroue:h Commission: The Commission has engaged an anti-methamphetamine
education campaign in which the City of Seward has contributed $2,500 towards this effort. Kenai
Peninsula Borough Mayor Williams sent his thanks for Seward's continued help in this campaign.
~ Marv Lowell Center: The Kenai Peninsula Borough Planning Commission met on
August 28,2006 and the plat failed two votes to two. The Mary Lowell Partners appealed this action
based on no legal or valid findings. Chris Beck of Agnew Beck would be presenting later tonight on
the results of the Mary Lowell Center feasibility study.
~ Alaska Retirement Manae:ement Board: Met in Anchorage today to set the employer
contribution rate for 2008. The Board voted to accept a rate of 39.76%, which represented an I
increase to Seward of$725,000 from 2006-2007 and an additional increase of$516,000 from 2007- ....;
2008 for a total of $1.2 million.
In other areas, Corbridge reported the annual training, "Balancing Nature and Commerce in
Gateway Communities," was scheduled for January 29 - February 1, 2007. The City Manager
recommended a team of community members to attend this leadership course. Corbridge requested
clear direction on whether the city was going to take an ownership role ofthe upcoming SMC dock
or not. The Artrain would be visiting Seward September 19-24, 2006. Staff expected to file the
Certificate of Need for the Long Term Care Facility by the end of the week. Administration would
endorse the application of Seward resident Bob Hicks to the Governor's Seismic Hazards Safety
Commission unless directed to do otherwise.
Corbridge responded to questions by council.
Chamber of Commerce Report. Chamber Board President Debra Carter stated visitor
numbers were down at this point in the summer. Road work, weather, and other factors were likely
reasons for lower numbers. The Chamber was increasing in membership, with a total of 387
members to date. Carter passed out a flow sheet breaking down the Silver Salmon Derby numbers
and fish enhancement. Fish numbers were lower, mainly because the Derby was much shorter this
year. Additionally, Carter announced upcoming events including the last train, the Seward Music
and Arts Festival, the Artrain, and board elections. The Chamber was looking for volunteers to ~
participate in these events and membership involvement on the Chamber Board. .....
Port & Commerce Advisory Report. Deborah Altermatt was not present.
City of Seward, Alaska
September I J, 2006
City Council Minutes
Volume 37, Page232
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Other Reports, Announcements and Presentations
A Mile 0-8 update was given by DOT Project Engineer Allen Drake.
Historic Preservation applicant Jolund Luther presented to tite council.
Planning and Zoning applicant Robert Hicks was not present.
Port and Commerce Advisory Board applicant Mike Banas was not present.
A presentation on the Mary Lowell Center Feasibility Study was given by Chris Beck, a
consultant with Agnew Beck. Beck spoke ofthe potential overall strategy, target markets, financial
performance, reasonable expectations, and benefits ofthe community ofthe conference center. The
presentation summarized the feasibility study's assumptions affecting the ultimate success of the
facility, which included choosing the right facility, experience, food, access, accommodations,
marketing, packaging, and community/business support.
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING.
.....
Margaret Anderson, encouraged the city to make Seward a more positive place for children.
She supported the Kenai Peninsula Boys and Girls Club and reported recent donations and
fundraising for the endowment of the Club. The Seward Boys and Girls Club did not want to
compete with the City for youth programs, but felt a partnership with ~he city would make the
funding go further and would be able to provide more opportunities for youths.
Tim McDonald, remarked it was an interesting presentation on the Mary Lowell Center,
especially the point made of bringing the community onboard. He stated the community was not in
favor of vacating Washington Street. Most of the community did favor the center, but the location
was an issue. The Mary Lowell Center consisted of a partnership of large, influential groups
including the city. McDonald felt there was no consensus at all on this issue. He wished the plat for
the center would be changed to not include Washington Street.
Kerry Martin, spoke on right of ways and the pending court decision on Washington Street.
Martin emphasized a public right of way does not belong to a municipality. At this point,
Washington Street was not in the possession of anyone but the public until the courts decided
otherwise. He felt the city had violated sections of the city code by claiming that the conveyance of
land was an appropriation.
.....
Scott Egger, thanked Martin for looking into these right of way issues. Egger said the street
light at Bear Drive and Jesse Lee could be shaded with tin foil and black paint. That had been done
in the past and felt that they would be waiting for the shade to arrive for a long time. Egger spoke of
the level of grade at the intersections and the highways in town.
City of Seward, Alaska
September II, 2006
City Council Minutes
Volume 37, Page233
Dale Lindsey, remarked on the city's refusal to support the spraying of chemical weed j
control on railroad land. He did not see where there was a problem, as there was a large separation
between water wells and the area requesting to be sprayed. As a railroad industry, it was a matter of
public safety that this spraying occurs. Lindsey felt it was important for the community to work with
the railroad. The real overall issue tonight was safety.
Ernest Piper, with the Alaska Railroad, felt there was an item in the resolution he felt was
not correct. If there were any technical questions, he was the point of contact for safety and
environmental issues.
Bob Linville, could not get on board with the Mary Lowell Center without a vote on the
vacation of Washington Street. The public should have had a chance to vote a year ago. Since they
were denied this, Linville felt an advisory vote should be allowed for the upcoming municipal
election. He hoped at least four council members would give direction tonight to staffto draw up a
resolution to approve this. It would be good to have the whole support of the community.
Deb Bond, of the Boys and Girls Club, spoke of the programs ofthe club. They promoted
trust-worthiness, respect, and caring. They currently had 76 students enrolled and were based at
Seward Elementary and the numbers continued to grow. Bond hoped they could move forward with
their own building. She hoped to create concrete relationships with local and borough governing
bodies during school and after school.
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Kevin Clark, observed some ofthe figures presented tonight on the Mary Lowell Center. He ...J
felt the city was going to look at a nice cash flow.
City Clerk Jean Lewis spoke briefly on an email response she put out to why an advisory
vote couldn't take place right now. Legally speaking, Lewis felt an advisory vote was not
appropriate, mainly due to the fact that the city was in litigation on this very issue.
APPROV AL OF AGENDA AND CONSENT AGENDA
Motion (Thomas/Lorenz)
Approval of Agenda and Consent Agenda
Motion Passed
Unanimous
The following was added to the agenda:
Council requested items B 1, B2, and B3 be placed on the regular agenda.
The clerk read the following approved consent agenda items:
Jolund Luther was appointed to the Seward Historic Preservation for a term to expire May
2008. i
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Jean Cripps, Betty Casey, Rose Macswain, Jeanne Galvano, Sal Galvano and Mary
Williamson were appointed as Election Board Workers for the October 3, 2006 Municipal
City of Seward, Alaska
September J J, 2006
City Council Minutes
Volume 37, Page234
Election.
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Lori Draper, Kim Reierson, Jackie Campbell and Debbie Bond were appointed as Canvass
Board Workers for the October 3, 2006 Municipal Election.
Robert Hicks was appointed to the Seward Planning & Zoning Commission with a term to
expire February 2008.
Mike Banas was appointed to the Port and Commerce Advisory Board for a term to expire
July 2008.
PUBLIC HEARINGS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
Ordinances for Introduction
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Ordinance 2006-010. amending the Land Use Plan and rezoning of Lot 7a, Block 17, Federal
Addition Clark-Tougas preliminary replat from Single Family Residential (Rl) to Auto
Commercial (AC) and Lot 9a, Block 17, Federal Addition Clark-Tougas preliminary replat
from Single Family Residential (Rl) to Two Family Residential (R2).
Corbridge stated this ordinance was recommended by the Planning and Zoning Commission.
Staff recommended approval and that this was in the city's best interests.
Motion (Lorenz/Dunham)
Introduce Ordinance 2006-010 and set for a
public hearing September 25, 2006
Motion Passed
Unanimous
Resolution 2006-094. authorizing the city manager to contribute $1000 to the Village of Hooper
Bay, Alaska to help in rebuilding after the fire of August 3, 2006.
Corbridge said this was a straight forward resolution to contribute to the City of Hooper Bay.
Motion (Thomas/Dunham)
Approve Resolution 2006-094
Valdatta wanted the city to remember their own libraries and wanted to help contribute to
their own community as well.
.....
Dunham commended administration for this resolution. He was happy to see the Seward
library donating as well.
Motion Passed
Unanimous
City of Seward, Alaska
September 11,2006
City Council Minutes
Volume 37, Page235
i
Resolution 2006-095. opposing the Alaska Railroad's permit request to the Alaska Department J
of Environmental Conservation to spray an herbicide mixture along the railroad right-of-way
inside Seward city limits.
Corbridge recalled a past advisement that there would be a potential adverse affect on the
water, and concern still existed. He was under the understanding that the Kenai Peninsula Borough
also passed a resolution of this nature. He was advised that this could damage the water system.
Motion (LorenzlBardarson)
Approve Resolution
Valdatta felt many people were spraying their own yards already.
Schafer understood the wells were on the uphill side and there was a fresh water intrusion
going to the ocean. He didn't see how this would affect the water tanks, as they were much higher.
Thomas was curious to know how many years the railroad had been spraying herbicide prior.
Dunham felt this was a questionable issue. He couldn't figure out where the wells were but it
was a safety issue. Dunham thought it was incorrect to have this resolution without confronting the
railroad and denying them a platform to defend themselves.
:i
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Motion (Thomas/Lorenz)
Postpone to the September 25, 2006 regular
City Council meeting.
Motion Passed
Unanimous Consent
Resolution 2006-096. establishing the city's number one capital improvement project for 2007
and the design and construction of a 520,000 gallon water storage tank.
Corbridge said the need to place this on the top of the priority list would help with funding
and grants.
Motion (Lorenz/Bardarson)
Approve Resolution 2006-096
Shafer wanted to know which priority list this would go to, and supported this but really
hoped to get Fourth Avenue paved, also.
Schafer felt paving the road was more of a priority than the water tank.
Dunham was an advocate of this priority change. He was concerned with the placement of
the priority being number one. Dunham was in favor of getting the roads paved, also. Ifhe were to j
pick a number one priority, it would be paving the streets.
City of Seward, Alaska
September J J, 2006
City Council Minutes
Volume 37, Page236
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Lorenz felt that the water tank priority was more of a safety issue. Paving should come from
federal funds.
Corbridge clarified paving funds would come from the federalle\'el.
Schafer wondered if the council could amend the resolution to read a "high" priority, and not
the "number one" priority.
Public Works Director W.C. Casey spoke on scoring criteria of grants for funding. Making
this the number one priority would score the city more points. It wouldn't deny the city funding if
they didn't have it as their number one priority; but it would just help their chances more ifit was.
Bardarson asked if anything happened with the priority list to this time to move it up to
number one. Corbridge said Casey found a grant that asked the city to show this was the city's
number one capitol priority. He said the city had the option oflisting the state and federal priorities.
Motion Passed
Unanimous
Other New Business Items
INFORMATIONAL ITEMS AND REPORTS (No action required) - None
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COUNCIL COMMENTS
Lorenz wanted the city to explore a partnership between the Boys and Girls Club and the
City's Teen and Youth Center. Also, Lorenz reported the Friends of the Jesse Lee Home submitted a
grant and potential plans for the home.
Bardarson agreed with Lorenz's comments on the Boys and Girls Club.
Thomas congratulated the Seward Volunteer Fire Department on their 100 year anniversary.
He didn't understand why the old Bear Drive street light couldn't be used until the new shade comes.
It seemed simple to him.
Schafer also felt the street light should be taken care of. He felt if the advisory vote was
legal, he would be for it. But if they were advised by staff and council that it was not legal, then it
shouldn't be done. Candy Perry had passed away and would be sorely missed. A memorial would
be Thursday at 4 p.m. at the Lutheran Church. Schafer confirmed with Don Young's office that the
purpose for ferry dock funding was for the location at the Institute of Marine Science. Ifthe money
was specifically to help out the University, then the dock should go down by IMS. He felt justified
in how the council voted on this issue.
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Valdatta said the Roadhouse had an end of the year close out night, it was a good turn out
and the money earned would go to the Senior Center and The Boys and Girls Club.
City of Seward, Alaska
September J I, 2006
City Council Minutes
Volume 37, Page237
Dunham wanted the city to thank Marsha Vincent for her work with the Lost Lake Run. He,
saw an article recently in the paper about the Volunteer Bugle Core, and wondered ifthe community ..J
could find funds for a music class in the school to find a sponsor for a bugler. He was dissatisfied
with the DOT response on the underpass. Dunham was concerned with the winter conditions for the
community and this underpass. He hoped the community would participate in the RoadhouselUnited
Way benefit.
Mayor Shafer sent her condolences to the Blatchford family on their recent loss of
Rosemary Blatchford. The mayor spoke on the efforts to maintain the ferry in Seward.
Conversations took place a long time ago for a new ferry dock. She thought it was very important to
get that dock in place. It would not be good for the Tustumena to go across the bay. It would be
great to see passengers get off downtown and the city should look at owning the dock and getting the
ferry back. She didn't know what was wrong with the city looking at owning the dock.
CITIZENS' COMMENTS
Kerry Martin, said he was only bringing these things up because ifhe was still working for
the city, he would have been bringing this up as a staffmember. Ifa right of way was considered to
be public land, a public nearing and council decision should have been made. Ifthe courts ruled in
favor of the city, it would be violating several sections of the code.
Bob Linville, thanked Schafer on his comments on the advisory vote. He felt there was a
legal way to do this and hoped this issue would be run by the city attorney one more time before the
issue was put to rest. Legally, he felt it was good. The next meeting was the last chance to act on
implementing an advisory vote.
<j
1
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Tim McDonald, expounded on Linville and Martin's comments. The council had a chance
to vote on it when the Kenai Peninsula Borough sent them a recommendation but since they didn't, it
essentially denied the citizens their right to petition this subject. The public wanted their voice heard
on this issue. The pavilions could have been fixed for $10,000 a piece, and now they were going to
be spending that money several times over to rebuild them. The appearance of impropriety was
apparent and the political system needed fixing.
Debbie Bond, was thankful for the opportunity to come before the council. The Boys and
Girls Club was about being in a positive place and doing what was in the best interest for the
children of Seward. They needed to provide more resources and more programs. Bond wanted to
move forward with the city. She requested a work session be set to discuss moving Seward's youth
programs forward. The Roadhouse fundraiser was with the United Way and taking place Friday
night. She had tickets to sell if anyone was interested.
Scott Egger, had concerns with the right of way issues going on, including in Clearview
Subdivision. Someone should look into the costs of the city's legal opinions. He addressed some of
his property line problems. Egger would like to be allowed a privacy fence to protect his family and ~
his property. He spoke on the misinformation regarding open access to records. Some staffhad been .....
helpful in getting information, and some had not. He felt personnel should be helpful and that wasn't
always the case. Egger read portions of a letter he received from Corbridge. He stated his confusion
City of Seward, Alaska
September J J, 2006
City Council Minutes
Volume 37, Page238
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on who to go to to obtain information, as council was telling him to talk to staff, and staff was
refusing to give him information.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Thomas, was disappointed in people using platforms on the pavilions, and felt insulted at
some of the comments made tonight. He didn't appreciate people coming up and throwing out
unsubstantiated statements to the public.
Valdatta, wanted to know what to do to make the pavilions earthquake safe, so they were not
a liability.
Schafer, felt it was possible to request the information through the city clerk, and he wasn't
sure ifhe could be told he couldn't meet with a city staff member.
Mayor Shafer, felt Mr. Egger had some issues with the City of Seward. This was not the
forum to discuss personnel issues, as the council was forbidden by code to interfere with staff.
Council didn't have anything to do with personnel issues. She was a strong believer in freedom of
rights and freedom of speech, but she didn't feel that bringing up the subj ect of personnel issues was
appropriate.
....
Dunham, agreed with Martin that the city had questions on right of ways. It would be nice if
they could have some answers regarding this subject. He would like to see a discussion and
settlement on this issue.
Mayor Shafer suggested the right of way issue in Clearview go to the Planning and Zoning
Commission.
Executive Sessions
Motion (Schafer/Thomas)
Postpone Executive Sessions to conduct
evaluations for the City Manager, City
Attorney, and City Clerk to the October 9,
2006 regular meeting
ADJOURNMENT
The meeting was adjourned at 10:05 p.m.
(City Seal)
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