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Home My WebLink About05122008 City Council MinutesCity of Seward, Alaska City Council Minutes May 12, 2008 Volume 37, Page 567 CALL TO ORDER The May 12, 2008 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag ROLL CALL There were present: Vice Mayor Willard Dunham presiding and Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT -Linda Amberg, Tom Smith, and Mayor Clark Corbridge Bob Valdatta Betsy Kellar CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Patrick Messmer, invited the public and the city council to the graduation of the DARE students. Dana Paperman, complimented the council for keeping taxes under control while making Seward a nice place to live. The Seward Senior Center served 350 local seniors and provided transportation services, over 4000 meals on wheels, home services, and points of contact for those living alone. She appreciated the continued financial and community support for the Center. Dave Paperman, past exalted ruler of the Elks Lodge was thrilled to be the primary sponsor of the PARKS playground. He thanked every entity and individuals who volunteered or funded this important project. He notified that construction started tomorrow and they were still seeking volunteers for the build and clean up. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (BardarsonlKellar) Approval of Agenda and Consent Agenda Resolution 2008-038, was added to the consent agenda by unanimous consent. The clerk read the following approved consent agenda items: Ciry of Seward, Alaska Ciry Council Minutes May 12, 2008 Volume 37, Page 568 Resolution 2008-038, Supporting The Alaska's Statehood Experience Grant Submission And Appropriating $1500 As A Cash Contribution To Activities And Events Of Seward Gateway To Alaska: Journey To Statehood And Beyond And Appropriating Funds. The Apri114, 2008 regular city council meeting minutes were approved. Resolution 2008-039, Amending The City Council Rules Of Procedure To Amend Rule 2, Council Meeting Time. Resolution 2008-040, Amending The Introduction Of The City Council Rules Of Procedure, Port And Commerce Advisory Board Responsibilities. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards An Appreciation Certificate was presented to the Alaska Railroad Corporation. The Annual Historic Preservation Award for 2008 was presented to Lee Poleske. An Appreciation Presentation was given to the City of Seward and Resurrection Bay Lions Club by Travis Hoogland. A Military Appreciation Proclamation was read and presented to Bob Candoupoulos. A Proclamation Was Given To The Seward Senior Citizen Program For Winning The 2008 Older Americans Month Program Award. The Summary of Water Compliance Study was given by Loren Leman. Highlights were: A Seward produced a very quality product and were meeting the requirements of the law. - Seward had unusual conditions with the quadrupling of visitors and water usage in the summer that the Public Works Department had to respond to. - There was aging infrastructure, especially in the downtown area, that Seward would need to invest in on an on-going basis. Technology was over 30 years old and it was getting difficult finding parts. Efficiency issues needed to be addressed. - Alaska Wastewater Management selected Seward as the large system user of the year. Richard Adelmann was operator of the year. Leman thought this said a lot for the staff and how they maintained the system. A Flow and pressure testing was conducted. The three major water improvement projects recently had improved the hydraulics and reliability of the system. - Seward used more water than they should, suggesting leakage issues. It was time to do a leakage study again. City of Seward, Alaska City Council Minutes May 12, 2008 1/olume 37, Page S69 City Manager's Report. City Manager Phillip Oates introduced Senator Stevens and ~.. Representative Seaton. He thought Seward was well represented in Juneau this session. With lobbyist Kent Dawson, they all worked well as a team. Some items included on the budget for Seward were: - 4.5 million for cruise ship dredging. - 15 million for freight dock extension - 2 million for the Forest Acres Levee Road - $190,000 for pavilion - $66,000 for the fish ditch - $2 million for electric generators - $400,000 for Long Term Care Facility infrastructure and exceptional relief - DOT maintenance shop - $15 million for AVTEC funding - SCCC expansion Seward was also successful in funding and grant opportunities for libraries, museums, cruise ship head tax legislation and in designating Seward as the Mural Capital of Alaska. Oates stated he was given good advice and couldn't be better represented. Oates thanked Bob Candopoulos and Keith Manternach for their veteran assistance and the sponsorship of the combat fishing tournament. He congratulated the Seward Mural Society on their '~ latest mural on the north wall of AVTEC which commemorated Exit Glacier. Oates thanked the crew of the two Navy destroyers that visited Seward twice in the last week. They had offered separate tours and helped in the community and he was honored for their visit. Oates and Vice-Mayor Dunham had met with Steve Haagenson, State Energy Coordinator with the Alaska Industrial Development and Export Authority (AIDEA), Kenai Peninsula Borough Mayor John Williams to discuss city projects and the use of the cruise ship head tax, and Eileen Hileman, EPA Region 10, had visited and assessed our wastewater treatment operations and progress in applying for storm water discharge permits in the small boat harbor and upland boat area of SMIC. He also met with DOC and DOT to continue discussions concerning land ownership and bonding issues for the expansion of the Spring Creek Correctional Facility. John Bird was back for the summer to work on the efficiency Study and Floodplain ordinances. Initial study areas would include; attorney expenses, office equipment, open source software, hearing, lighting, travel policies, insurances, purchasing authority, contracts and leases, vehicle operations and motor pool, parking, etc., so he would be very busy. Oates hoped he would have some time to fish. - The Jesse Lee Home RFP was complete and had six criteria to meet. - Harbor. The City was moving forward in collaboration with Icicle Seafoods to repair the dock damage. City of Seward, Alaska City Council Minutes May 12, 2008 Volume 37, Page 570 - The Trustees of Alaska, Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics appealed the judgment regarding attorney fees and costs to the 9th circuit Court. - Long Term Care Facility. Mike Gillen had been hired as the project Manager - Electric Department. Bid openings for the Fort Raymond substation Generation was May 8, 2008 and evaluations were underway. The electric transformer for Lawing would be delivered from HAARP facility when weight restrictions on the highway permitted. - Water. Water system feeding to T dock and the old life dock in the small boat harbor was completed and control systems at the Lowell Canyon Water Tank installed in 1952 were beginning to be replaced. City Attorney's Report. Cheryl Brooking City Attorney did not have much to report since last meeting, but continued working with administration on their needs. She would discuss the 9th circuit appeal later in the executive session. Other Reports, Special Presentations A Legislative Report was given by Senator Gary Stevens. A Legislative Report was given by Representative Paul Seaton. A Seward Youth Program Report was given by Community Development Director Bob Hicks. A Seward Community Foundation Report was given by Margaret Anderson and Chellie Skoog. City Council recessed at 8:45 p.m. City Council resumed at 8:50 p.m. PUBLIC HEARINGS Ordinances Requiring A Public Heariag 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). 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. Oates stated this was consistent with all community plans and Planning & Zoning had recommended approval also. Motion (Bardarson/Valdatta) Enact Ordinance 2008-009 Motion Passed Unanimous City of Seward, Alaska City Council Minutes May 12, 2008 volume 37, Page 571 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. 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 (BardarsonlValdatta) Enact Ordinance 2008-010 Oates stated all of these new codes had a work session last week. All changes were discussed. He received feedback from the business and building community. No changes were made on this ordinance. Building Inspector Stefan Nilsson stated temporary structures were allowed for 180 days under this code. Oates stated the fees were not changed because the city was already in the building season and excel spreadsheets were all set up. He would bring forth a change later. Motion Passed Unanimous 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. 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/Kellar} Enact Ordinance 2008-011 Oates stated the redline version were the changes and reflected in the laydown. On page 4 of 13, item 28, city administration went with "shall" language per Valdatta s comments during the work session. In response to Kellar, Oates stated it was the city's intent to make it mandatory. Assistant Fire Chief Eddie Athey stated the fire department would work hand in hand with the permittee for emergency response. Discussion ensued over the words "shall" vs. "will". Motion Failed Yes: Bardarson, Valdatta, Dunham No: Kellar A arliamentary question was raised by the Vice-Mayor on reconsideration. Procedure to P bring back the ordinance was clarified by the City Clerk. ,~ 05 021, Adopting The Ordinance 2008-012, Amending The City Of Seward Code, Chapter 12. 2006 Edition Of The International Residential Code (IRC), Including Revisions. City of Seward, Alaska Ciry Council Minutes Ma ~ 12, 2008 _ Volume 37, Page 572 Motion (Bardarson/Kellar) Enact Ordinance 2008-012 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Don Sutherland, spoke stating the same issue raised above under the IFC, house numbers being required before a certificate of occupancy was completed, was in this code also. Oates stated temporary structures were not allowed in this code. Kellar wanted temporary structures allowed for residents. Stefan Nilsson stated it was allowable to put up a 200 foot building. A 10 x 20 foot structure was allowed in residential now. Bardarson also wanted temporary structures with a 150-day limit. Amendment (Ke1larBardarson) Remove Item 7 Page 4 That Referred To Temporary Structures In Its Entirety. Amendment Passed Main Motion Passed Unanimous Unanimous 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. Notice of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Kellar) Enact Ordinance 2008-013 Oates stated this adopted the 2006 edition of the IMC and there were no changes to this ordinance since introduction. He recommended approval. Motion Passed Unanimous 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). 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/Kellar) Enact Ordinance 2008-014 Oates stated this adopted the 2005 edition of the NEC and he recommended approval. City of Seward Alaska May 12, zoos Motion Passed Unanimous UNFINISHED BUSINESS -None NEW BUSINESS Resolutions City Council Minutes volume 37, Pale 573 Resolution 2008-041, Awarding A Contract For Three Years To Save You Money Services For Custodial Services At The Harbormaster's Building And Public Restrooms Behind The National Park Service Building, The Northeast Launch Ramp, And The Upland Area. Motion (Bardarson/Kellar) Approve Resolution 2008-041 Oates stated this was an annual sum and had a re-negotiable clause. Harbormaster Kari Anderson responded to a question by Valdatta and stated the City had been cleaning the restrooms in the Park Service building for years. Motion Passed Unanimous Resolution 2008-042, Establishing Local Financial Disclosure Guidelines For Appointed And Elected Officials And Approving The City Of Seward Financial Disclosure Form Upon Voter Approval And Passage Of Proposition #1 At The October 7, 2008 Municipal Election. Motion (Bardarson/Kellar) Approve Resolution 2008-042 Oates stated this would be the form Seward would adopt if it went to the voters. This established the specific form which would substitute the APOC form. Enforcement and compliance would have to be addressed by ordinance at a later date. He recommended the form be approved. Motion Passed Unanimous Other New Business Items The Work Sessions To Discuss January, February And March O l At 7 00 p,M,And The Sales Tax Cap Increase Were Both Set For Wednesday, May 28, 20 INFORMATIONAL ITEMS AND REPORTS (No action require Providence Seward Medical Center Financial Report for March 2008. COUNCIL COMMENTS r.. City Council Minutes City of Seward, Alaska Volume 37, Page 574 Ma ~ 12, 2008 Kellar noticed graduation was scheduled for next Wednesday and wanted all to volunteer for the PARKS program. Bardarson congratulated the Senior Center on their 30 year anniversary and noted the PARKS program still needed help. She asked drivers to watch out for pedestrians, and bikers now that everyone was out for spring. Valdatta thanked the city staff for the work session on the building permits last week. He appreciated the opportunity to hash issues out and enjoyed having the contractors there. He further complimented the staff for the pictures that the clerk's staff had prepared for the visiting Navy ships. Dunham reminded that May 19, 2008 at 5:00 pm was the Long-Term Care Facility groundbreaking. He was honored to have the Navy ships visit Seward and appreciated the military day appreciation events scheduled. CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Oates was impressed with the two Navy captains and their crews that visited, and would be drafting a letter to their headquarters thanking them for their great ambassadorship. EXECUTIVE SESSION Motion (Bardarson/Kellar) Motion Passed Go Into Executive Session To Discuss Matters Pertaining To Pending Appeal Litigation In The Case Of Resurrection Bay Conservation Alliance Vs City Of Seward. Unanimous City Council went into executive session at 10:03 p.m. City Council came out of executive session at 10:27 p.m. ADJOURNMENT The meeting was adjourned at 10:28 p.m. ,, s.•.,~~, , • ~~ ~F sE~~~~•. Je Lewis, C . • ,~~ ~ Ci Clerk ;'~ ~o r.~~,,~ ~••. Willard Dunham ~, ~' ...~ `~~ ~ Vice Mayor s (City Seal) ~ ~ ~ ' ~ ~ ~ a` ~ °~'~~. ~ •+t~~~UF~~- ~ ~~~ ~