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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 •~~ ~ ~+~ ~ ~~I (City Seal) •.•,~ ®„Q,....4...'~~'•. '' `~ `R'b~A' ~ '4e~ {'4~~ i1 •J Vii,. ~S =ICJ ~.+ ce ~ ~ f ~ r . - '~.:~ ~: ~ F""' ~' ,; rte. __'nnTjiy~ea~ _ 1 ~~l~j+~~e'~-~ ~ V y~~vrr~snr'e~~~~ `•~