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City of Sewcu~cl, Alaska Ciry Council Minutes <br />July /3, 2009 Volume 38, Page 112 <br />CALL TO ORDER <br />The July 13, 2009 regular meeting of the Seward City Council was called to order at 7:00 <br />p.m. by Mayor Clark Corbridge. <br />OPENING CEREMONY <br />Police Chief Tom Clemons led the pledge of allegiance to the flag. <br />ROLL CALL <br />There were present: <br />Clark Corbridge presiding and <br />Jean Bardarson <br />Bob Valdatta <br />Willard Dunham <br />Betsy Kellar <br />Marianna Keil <br />comprising a quorum of the Council; and <br />Phillip Oates, City Manager <br />Jean Lewis, City Clerk <br />Cheryl Brooking, City Attorney <br />ABSENT -Tom Smith <br />CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED <br />FOR PUBLIC HEARING <br />Ron Long asked for passage and support on Resolutions 2009-61, 62 and 63. He stated the <br />Flood Plain Task Force had held its last business meeting until next March and informed council that <br />Christy Terry had been a valuable contributor to this task force. Long stated the attached backup to <br />these resolutions showed background on navigability opinions and expressed that there had not been <br />an actual determination on navigability, just opinions. He said navigability was important in this <br />case because it was the criteria that kicked in the royalty fee. <br />In response to questions, Long stated the navigability opinions were legislative and <br />administrative, and a determination could be challenged in the courts. Unless there had been a <br />determination, if water was running, they were assumed navigable until proven otherwise. When <br />asked if the task force considered gravel a nuisance, Long stated yes, and mentioned various <br />administrative solutions were tried before going to this resolution, but was decided some of the <br />definition changes would be a constitutional issue. <br />APPROVAL OF AGENDA AND CONSENT AGENDA <br />Motion (Kell/Kellar) <br />Approval of Agenda and Consent Agenda <br />The following was added to the agenda: <br />