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HomeMy WebLinkAbout07132009 City Council MinutesCity of Sewcu~cl, Alaska Ciry Council Minutes July /3, 2009 Volume 38, Page 112 CALL TO ORDER The July 13, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Clark Corbridge. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Jean Bardarson Bob Valdatta Willard Dunham Betsy Kellar Marianna Keil 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 Ron Long asked for passage and support on Resolutions 2009-61, 62 and 63. He stated the Flood Plain Task Force had held its last business meeting until next March and informed council that Christy Terry had been a valuable contributor to this task force. Long stated the attached backup to these resolutions showed background on navigability opinions and expressed that there had not been an actual determination on navigability, just opinions. He said navigability was important in this case because it was the criteria that kicked in the royalty fee. In response to questions, Long stated the navigability opinions were legislative and administrative, and a determination could be challenged in the courts. Unless there had been a determination, if water was running, they were assumed navigable until proven otherwise. When asked if the task force considered gravel a nuisance, Long stated yes, and mentioned various administrative solutions were tried before going to this resolution, but was decided some of the definition changes would be a constitutional issue. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Kell/Kellar) Approval of Agenda and Consent Agenda The following was added to the agenda: Ciry of Seward, Alaskn Ciry Council Minutes Jasly 13, 2009 Volume 38, Page .113 Discussion of vacancies and recruitment for the Public Advisory committee (PAC) and Chugach Resource Advisory committee. The following was removed from the consent agenda: Resolution 2009-061, Requesting That The State Of Alaska Exempt Flood Mitigation Projects In The Seward Area From The Gravel Royalty Fee, As It Applies To All Flowing Waters Into Resurrection Bay, In The Vicinity Of Seward Alaska. Motion Passed Unanimous The clerk read the following approved consent agenda items: The June 22, 2009 regular city council meeting minutes and the June 24, 2009 special city council meeting minutes were approved. Resolution 2009-057, Accepting A Grant In The Amount Of $4,766.40 From The Alaska Highway Safety Office For 2009 Fourth Quarter ASTEP Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds. Resolution 2009-058, Accepting A Grant In The Amount Of $5,004.72 From The Alaska Highway Safety Office For 2009 Third And Fourth Quarter ASTEP Seatbelt Enforcement Campaign And Appropriating Funds. Resolution 2009-059, Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For Forty Eight Thousand And Five Hundred Dollars ($48,500.00). Resolution 2009-060, Accepting Capital Funding In The Amount Of $30,581.00 From The State Of Alaska In Order To Install A New Roof Over The Steps And Exterior Door Of The Seward Community Jail And Appropriating Funds. Resolution 2009-063, Requesting The USDA Natural Resources Conservation Services Expeditiously Complete Soils Surveys In The Seward Area. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Proclamation Was Read For Sadler's Alaska Challenge Wheelchair And Handcycle Race And Presented To Challenge Alaska's Executive Director Beth Edmands. An Appreciation Certificate Was Read For Doug Capra, Outgoing Historic Preservation Commissioner. Ciry of Seward, Alaska City Council Minutes July !3, 2009 Volume 38, Page 114 Borough Assembly Report. Borough Assembly Representative Ron Long reported on '~ the July 7, 2009 assembly meeting and had three items of local interest which were the gravel royalty fee, revocation of navigability determination and USDA soil surveys resolutions that were for approval tonight. Ofborough interest, Long stated the issue was whether to put on the ballot to have a Manager instead of Mayor forn~ of government effective 2011. He said a particular group who originally initiated this under the past administration was now against it and has had a very effective campaign turning it from this question to a referendum on the current Borough Mayor and the Assembly as well. The vote carried 5-4, with Long voting against putting it on the ballot, and after reconsideration, another vote would occur August 4, 2009. Long stated at the next meeting, two final ordinances would be sent from the Flood Plain Task Force. The first urged the Administration to adopt the Watershed Master Plan that included suitability planning, channel migration and zone approach to incorporate suitable and unsuitable parcels and update FEMA maps. The second ordinance viewed selection lands, mental health trusts, university lands or private lands in an effort to move people out of loss areas and into safer land and revert them back to their original state. He felt the buy out programs contained a broader public interest in making those lots available to move people out of harms way and thereby reduce hazard for everyone. City Manager's Report. City Manager Phillip Oates stated he would support the Seward Silver Salmon Derby by donating $5,000 from the city manager and city council contingency budgets unless council stated otherwise. He reported that the Alaska Railroad was applying for an herbicide permit and would hold three public hearings, with Seward's held on Tuesday, August 11, 2009 at the IMS/Rae Building. Other areas of interest in his report were: Harbor/SMIC. The Harbor opened bids for procurement of Z float. The lowest bid was from Transpac Marinas. Anew fish hanging rack was installed in the south harbor, and he attached a Seward Small Boat Harbor-Harbor Expansion Project- Z Float Construction Project Update which included infornlation on what had been completed, the work planned, TNH scope, schedule and the input needed from the City. Community Development. This department would be sending thank you cards to businesses and home owners who had completed exterior aesthetic improvements. The first round would be sent to: Breeze Inn, Alaska Shop, Harbor Enterprises, Liberty Theater, Seward Merchants Association, Sarah Nan, USAF Recreation Camp, Willard and Bev Dunham (for their rental property occupied by GCI), Wells Fargo, and First National Bank of Alaska. Federal Reference Monitors would be installed by the ADEC Acting Air Monitoring Program to evaluate air quality. Staff would be trained to maintain the monitors which were the federally endorsed standard for the nation. The search for possible installation sites would be the beginning of August, 2009. The Branson Pavilion Grand Opening was held in conjunction with the one year anniversary celebration of the CommunityPlayground on July 19, 2009. - Sadler's Alaska Challenge was held in Seward on Monday, July 20, 2009 with over 200 participants. Ciry of Seward, Alaska Ciry Council Minutes July l3, 2009 Volume 38, Page 115 - worts and Recreation. The new TYC van had arrived and the dunk tank they purchased was _,. already a huge success. Interest was being expressed in the Evan Casey Skate Park Upgrade RFP. - Fire Department. On July 3 and 6, 2009, the Fire Department responded to numerous mountain rescues and medical emergencies. The department had sent two vehicles and four personnel to Soldotna for wildland-urban interface on the Shantatilik Creek fire, and city burn permits were suspended until weather conditions improved. In response to questions, Oates stated all property appraisals on the Forest Acres levee project were done except one, that was anticipated to be complete soon. The first phase would put the culvert under the road, the 2"d would put the gravel down to build the levee, and the 3r`~ phase was to finish the paving. Culvert and constniction would proceed this fall. A Report Was Given By City Employee Steve Audette On Improvements To Lift Station #3. Audette reported this system had been installed in the early 1980's and parts could no longer be found. A backup generator was procured seven years ago. An engineering firm was hired and $278,000 was secured because of the American Recovery and Reinvestment Act. This system was being upgraded to 2009 with new transfer switches and total automation. He stressed the importance of this lift station and that it was one of 19 aging infrastructure sites around the city. Audette said the project should be complete by the end of August, 2009. Other Reports, Special Presentations Chris Bolton was introduced as the new hospital administrator. PUBLIC HEARINGS Resolution 2009-056, Approving A Third Amendment Lease Of Lot 1, Block 10, 4`h Of July Creek Subdivision To Extend The Term Of The Lease By Five Years And Approve An Assignment To GCI Communications Corporation. Motion (Kellar/Keil) Approve Resolution 2009-056 Vice-Mayor Dunham Declared A Conflict Of Interest Since GCI Was His Primary Lessee. Mayor Corbridge Declared A Conflict Of Interest Existed And Dunham Exited The Dias And Area. City Manager Phillip Oates stated this site had been leased to GCI since June of 1988 but had month to month extensions since it had expired on June 2008. The site at Seward Marine Industrial Center would be used for construction, maintenance and operation of related communication equipment in conjunction with GCI's operations as a telecommunication provider. _.. Oates noted any improvements would be approved by the city and that the annual rental payment Ciry of Sewa~~rl, Alaska Ciry Council Minutes July /3, 2009 Volume 38, Page 116 would be adjusted on July 1, 2010 based on the appraised fair market rental value. He recommended this amendment extending the lease five years through June 2013. ~.. 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 Passed Ves: Keil, Kellar, Valdatta, Bardarson, Mayor Corbridge Abstain: Dunham NEW BUSINESS Ordinances For Introduction Non-Code Ordinance 2009-004, Appropriating Funds In An Amount Not To Exceed $500 To Make Expenditures Which Could Influence The Outcome Of An Election Concerning 2009 Advisory Ballot Proposition #1 Which Addresses The Addition Of Fluoride To The City Of Seward Drinking Water To The Level Of 0.7-1.2 Parts Per Million As Recommended By The U.S. Public Health Service. Motion (Bardarson/Kellar) Introduce Non-Code Ordinance 2009-004 and Set for Public Hearing July 27, 2009. Oates quoted the state statute that a municipality could not use money to influence the outcome of an election unless the funds had been specifically appropriated for that purpose. It was his intention to stay neutral in this situation and not use public funds, but put these ordinances in play j ust in case public sentiment before the election requested a change in those plans. He reiterated his position to remain neutral as an administration and let the voters decide. Motion Passed Unanimous Non-Code Ordinance 2009-005, Appropriating $500 To Make Expenditures Which Could Influence The Outcome Of An Election Concerning 2009 Advisory Ballot Proposition #2 Which Asks The Qualified Voters If The City Should Increase The Sales Tax From 4.0% To 4.5% With The Understanding That The Additional Funds Are Expected To Be In An Amount Sufficient To Cover A Portion Of The Proposed Library/Museum Operating And Construction Costs. Motion (Kellar/Dunham) Introduce Non-Code Ordinance 2009-005 and Set for Public Hearing July 27, 2009. Oates again stated these funds were just being put in place in case the city felt they needed to educate the public and publish and disseminate bipartisan information. This non-code ordinance allowed the city that option if needed. Motion Passed Unanimous Ciry of Seward, Alaska Ciry Council Minutes July 13, 2009 volume 38, Page 117 Non-Code Ordinance 2009-006, Appropriating $500 To Make Expenditures Which Could _,,, Influence The Outcome Of An Election Concerning Advisory Ballot Proposition #3 Which Asks The Qualified Voters If The City Should Pursue The Issuance Of General Obligation (GO) Bonds Not To Exceed $5 Million Dollars To Finance The Library/Museum Construction And Capital Costs. Motion (Kell/Dunham) Introduce Non-Code Ordinance 2009-006 and Set for Public Hearing July 27, 2009. Motion Passed Unanimous Resolution 2009-061, Requesting That The State Of Alaska Exempt Flood Mitigation Projects In The Seward Area From The Gravel Royalty Fee, As It Applies To All Flowing Waters Into Resurrection Bay, In The Vicinity Of Seward Alaska. Motion (Dunham/Keil) Approve Resolution 2009-061 Council Member Valdatta Declared A Conflict And Wished To Abstain Because He Owned Property In The Area. Mayor Corbridge Declared A Conflict Existed And Allowed Valdatta To Abstain. Oates was requesting legislative support on this state issue. The SewardlBear Creek Flood Service Area Board in conjunction with the City and Borough, were working towards stream bed load removal and other flood control options and wished to be exempt from the State's gravel royalty fee to lessen impacts due to flooding to the Seward area. The extraction royalty fee made the gravel extraction too expensive and cost prohibitive. These fees were also contrary to protecting public health and safety. Dunham thought this needed to be done to mitigate flooding issues and didn't think the city should have to pay what seemed like extortion or blackmail costs. Motion Passed Yes: Kellar, Keil, Bardarson, Dunham, Mayor Corbridge Abstain: Valdatta Resolution 2009-062, Requesting That The State Of Alaska Revoke Its March 20, 2006 Navigability Determination As To Salmon Creek, Fourth Of July Creek And Sawmill Creek, All Located In The Vicinity Of Seward. Motion (Bardarson/Kellar) Approve Resolution 2009-062 Council Member Valdatta Again Declared A Conflict And Wished To Abstain Because He Owned Property In The Area. Mayor Corbridge Declared A Conflict Existed And Allowed Valdatta To Abstain. Ciry of Seia~artl, Alaska City Council Minutes July 13, 2009 Volurne 38, Page 118 Oates stated the Department of Natural Resources position on navigability had changed several times. The Bureau of Land Management had recommended that all water bodies in a certain ..~ area except Bear Lake be considered non-navigable and wished to revoke the March 20, 2006 determination to be able to lessen impacts due to flooding in the Seward area. Motion Passed Yes: Dunham, Bardarson, Kellar, Keil, Mayor Corbridge Abstain: Valdatta OTHER NEW BUSINESS Discussion ensued on vacancies with the Exxon Valdez Oil Spill Trustee Public Advisory Committee and the U.S. Forest Service Chugach Resource Advisory Committee which resulted in two council members possibly interested. INFORMATIONAL ITEMS AND REPORTS (No action required A Master Municipal Clerk Academy Completion Certificate for Jean Lewis, CMC. COUNCIL COMMENTS Kellar thanked all first responders and volunteers for their assistance in making a safe 4`~' of July weekend. ,~... Bardarson also thanked all who put on a wonderful 4`" of July weekend. Dunham also thanked the Chamber of Commerce and all volunteers involved with putting this huge 4`h of July event on. He especially acknowledged the firemen and EMT s for their prompt action with the race leader and the rest of the dehydration issues on that day. He notified that the community had lost a staunch supporter in Frank Dieckgraeffwho had just passed away, and noted he would be sorely missed. Dunham again thanked all who worked on the pavilion for a job well done and suggested the city invite the rural providers conference back to Seward in 2011 or 2012. Dunham attended two days of meetings in Anchorage covering old ground with the six Alaska Railbelt Utilities group. Lastly, Dunham requested that the city and Chamber get together and find another place for the recycle bin that was sitting out by the road. Keil thanked the Chamber, the Mt. Marathon Race Committee and City of Seward for the 4`'' of July planning and events. She also commended the work of the Kenai Peninsula Borough Flood Task Force and Sue McClure for their hard work for the community. Keil also thanked everyone who worked hard on the Seward Ships Drydock agreement. Corbridge also thanked the Chamber and Police Chief Tom Clemons, for making a good peaceful and safe 4`" of July. Oates confirmed their attendance at the railbelt utility meeting in Anchorage and stated it was called the Railbelt Utility Integrated Resource Plan. He found most compelling was with risk Ciry of Seward, Alaska Ciry Council Minutes July 13, 2009 Volume 38, Page 119 management, the most likely risk was moving together with the most dangerous risk. He explained both were coming together by not having the natural gas needed to run existing plants that feed where power was bought. He cautioned this was coming like a freight train because of lack of exploration. Oates stated it was apparent the industry was not going to solve this problem and it was going to take leadership from Alaska. He said they had a good presentation on alternative energy sources available in Alaska. He explained that permitting hydro plants was complicated where geo- thermal at Mt. Spurr may be a good source because of less difficulty in permitting, and how the State of Alaska would have to bridge the gap to get natural gas from other sources of energy. Dunham thought seeing the comprehensive layout of the states resources was well worth the meeting alone. CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned at 8:38 p.m. .~ Jean;'~.,ewis City~~Clerk (City Seal) '•• ,~~ toe~..r~.....< .~~. *n .~r`i ~ ~. ' ~ i ..fir. ~' ~ o i. ~ 4 vr.~~%},...,.. `^ ' ~J •• F O ~ P~ 9 . F A .+ , ••••~•+aaea~~++ '2 ~~~ Clark Corbridge Mayor