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Home My WebLink About01252010 City Council Minutes City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 224 CALL TO ORDER err The January 25, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Linda Amberg Jean Bardarson Bob Valdatta Tom Smith Marianna Keil Vanta Shafer comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING John French supported passage of Resolution 2010 -008 forming a statewide invasive species advisory council. Gene Skinner spoke and felt deja vu from when he sat on the council years ago, and wished to speak against the fluoride issue. He thought this issue would separate the citizens and he reminded how many years it took for scars to heal. He urged the council to slow down and let more people become involved in the process before making final decisions. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Low Resolution 2010 -008 Supporting Formation Of A Statewide Invasive Species Advisory Council. City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 225 Resolution 2010 -009, Accepting A Grant In The Amount Of $1,827.30 From The Alaska Highway Safety Office For 2010 Second Quarter ASTEP Driving Under The Influence (DUI) +.r Enforcement Campaign And Appropriating Funds. There Was No Objection To The Liquor License Renewal For Three Bears. SPECIAL ORDERS, PRESENTATIONS AND REPORTS City Manager's Report. City Manager Phillip Oates stated there were no RFP's or purchases between $10,000- $50,000 during this period. Oates was in the process of developing an RFP to obtain an appraiser to conduct appraisals of city leased property for possible rent adjustments based on current fair market value. > Library. The library was hosting a National Issues Forums network discussion group to promote non - partisan public deliberation in communities across the country. This would begin February 12, 2010 and the topic would be "Regaining Prosperity." Local Historian Doug Capra would be hosting ten week book and film discussion series titled "What Does it Mean To be Human." ECl/Hyer and RiseAlaska gave a presentation to the Library Museum Committee on the design process and was working diligently to incorporate the desires of the community. Schematic design would be presented in February. ➢ Public Works. The New Water Storage Tank project was moving forward including scoping, site control, engineering, etc., finishing touches were being put on ARRA paperwork for #3 Lift Station, controls were being upgraded at several water and wastewater facilities, and energy efficiency changes on motion sensors, boilers, and sealing windows were being made. Oates welcomed Kirsten Vesel to the Public Works Department as the new Superintendent Project Manager. Improvements were in the works on engineering, scoping, planning for multiple water system upgrades as well as an extensive digitizing records management project in the Water/Wastewater Department. This department would also be pursuing energy efficiency grants. > Other. Z Floats were estimated to arrive in Seward from Washington on February 22, 2010, and a proposed floodplain ordinance was currently under review by the NFIP State Coordinator. Keil and Shafer requested the City Manager bring lease rate increases to the council to give the public the opportunity to speak for or against it. Chamber of Commerce Report. Chamber Director Laura Cloward stated the community awards were given out; Dana Paperman, Person of the Year, Captain Jacks Seafood Locker, Businessperson of the Year, Kim Reierson, Devoted Service to Young and Alaska Nellie's won for Business Site Improvement. She spoke of the Anchorage Chamber of Commerce luncheon she attended today and ex -Mayor Rick Mystrom spoke on investing in the state of Alaska, Point MacKenzie, and the railbelt extension. There was a big push to get this project going and getting the ferry on line by 2011. Their issues would be getting the state legislature to fund it, whether Pt. MacKenzie was really an ice free port and the possible endangerment of beluga whales. Cloward was concerned by the $275 million dollar project and exchanging coal facility jobs from Seward to that area. City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 226 Other Reports, Announcements and Presentations A report was given by Robert Ruffner, Executive Director for the Kenai Watershed Forum, regarding the status of stimulus funds for creek restoration in Seward. Ruffner stated in Seward, the Kenai Watershed Forum had spent $150,000 to develop a wetlands map, collected detail elevation information for the area and future flooding and this past summer spent an additional $150,000 and fixed three culverts. $350,000 of ARRA stimulus funding was set aside for Sheffler Creek and the fish ditch. The National Fish Habitat Initiative encouraged grassroots partnerships to form, which could mean significant resources to enhance fish habitat in the Seward area. He thanked the council for supporting their building last year and gave an update on that project. Ruffner also acknowledged Board Member Howard Ferren for keeping the focus on the Seward/Bear Creek area. A report and proposal was given by Barbara Post on a community -wide monitoring program to request the Division Of Air Quality Alaska Department of Environmental Conservation (DEC) Implement an Ambient Air Monitoring Program within the City of Seward. GRETC (HB 182) Updated by John Foutz. Meetings were being held to establish and accept final language that was acceptable to all six utilities and adding state requirements. He articulated the concerns by the utilities and the additional changes and provisions that were included eM in the bill. Foutz thought the state and the utilities could reach an agreement on these revisions to HB 182. Foutz announced he was working on interconnection but the three challenges they were working on were: 1. All- inclusive rights with Chugach Electric Association because of the need to have an agreement with them to purchase power from another source. 2. Would have to go to the RCA. Lawyers were working on the language for the contract and it would take two months after that for the RCA to review and approve it. 3. An interconnect standard needed to be developed. This was important and would give direction on city requirements to keep the linemen and the operation safe. PUBLIC HEARINGS Resolution 2010 -005, Amending The Port And Harbor Tariff Subsection 200, "Assignments To A Permanent Slip From The Waiting Lists, " To Allow Permanent Slip Assignments January Through June Each Year. Motion (Bardarson/Shafer) Approve Resolution 2010 -005 City Manager Phillip Oates stated this was both beneficial to the staff and the users. This allowed ample time to offer slip assignments. PACAB was alerted by email of this change. This also allowed the council to make another necessary error change from a prior tariff change. As the code read now, it was impossible to issue permanent slip assignments in January. City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 227 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 (Shafer /Smith) Housekeeping matter to change the 2010/2011 harbor tariff Section 280 (d) to read per calendar "month" instead of "day" Motion To Amend Prior Harbor Tariff Passed Unanimous consent Harbormaster Kari Anderson stated this system of assigning permanent slips to slipholder's on the waiting list was unworkable administratively. She had notified PACAB, but this change needed to be done now, or else it would take another year and the city would lose thousands of dollars this year. PACAB wasn't scheduled to meet for another month or two. Main Motion Passed Unanimous Resolution 2010 -006 Authorizing The City Manager To Enter Into A New Lease With Godwin Glacier, LLC For Lot 4, Block 3, Seward Marine Industrial Subdivision, Plat 97 -27, Seward Recording District, Third Judicial District, State Of Alaska. Motion (Bardarson/Amberg) Approve Resolution 2010 -006 Oates stated this was a difficult lease to bring to the council because there were two sides. The positive side was this was a successful business that generated tourism and was popular. They also provided their helicopter for several mountain rescues in 2009 and did not charge the city. On the negative side they have been enormously difficult to deal with. Missed meetings repeated communications problems, past problems with the borough with tax and business license issues, a court dispute with the Borough not signed off, and numerous other individuals and state agencies weighing in with past problems with this company. Oates said it was his job to present both sides and council would have to decide. 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. Council comments showed concern with open court cases they had researched and public and agency complaints and concerns. They felt private property would be a better fit. Oates reminded that a letter had been sent to Godwin Glacier Tours earlier this winter, to remove all gear and connexes off of the city's site at SMIC. As of today, the company had not complied with the city's demands. Motion Failed Unanimous NEW BUSINESS City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 228 Resolution 2010 -007, Supporting A Community -Wide Air Monitoring Program And Requesting The Division Of Air Quality Alaska Department Of Environmental Conservation (DEC) Implement An Ambient Air Monitoring Program Within City Of Seward. Motion (Bardarson/Shafer) Approve Resolution 2010 -007 Oates stated there were a few areas this test could be installed. DEC would be the technical experts and the city would bring power to the sites. He hoped to find funding to defray some of the costs. He expressed this test would show what the air quality was and could show whether the City was in violation of the Clean Air Act. If so, the city could ask for assistance, but this would prove the air quality. Council comments suggested this was a good test to answer questions once and for all, and thought they were obligated to pursue this for the citizens. Motion Passed Unanimous Resolution 2010 -010, Supporting The Alaska Railroad Corporation And Aurora Energy Services, LLC In Their Ongoing Efforts To Conduct Business In Seward And Protect The Environment While Abiding By State And Federal Environmental Laws And Regulations Motion (Bardarson/Keil) Approve Resolution 2010 -010 r Oates stated this resolution was in response by the city council who wished to support the Alaska Railroad Corporation and Aurora Energy Services, LLC in defense of a lawsuit filed by the Trustees of Alaska on behalf of the Alaska Community Action on Toxics and the Alaska Chapter of the Sierra Club for alleged violations of the Clean Water Act. It was intended to send a clear signal that certain individuals could not speak for the whole community. Amendment #1 ( Bardarson/Keil) In the 6 WHERAS, add the word " second" between "saw the" and "greatest." Amendment #1 Passed Unanimous Consent Amendment #2 (Keil/Bardarson) In section 2, remove the words "satisfied with" and replace with "encouraged by" Amendment #2 Passed Unanimous Consent Amendment #3 (Shafer/Keil) Delete the 14 WHEREAS Amendment #3 Passed Unanimous Consent Council member Amberg made a motion to strike the wording in the 15 WHEREAS "in the defense of the lawsuit" and delete section 3, which died for a lack of a second. City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 229 After hearing council concerns about the amount of financial and legal support, Oates stated he would ask for an executive session at the next meeting to explain possible strategies. Amendment #4 (Amberg/Keil) Delete Section 3 Amendment #4 Passed Unanimous Main Motion was Passed as Amended Unanimous OTHER NEW BUSINESS The Mayor appointed Vice -Mayor Bardarson to tally evaluations for the City Attorney and City Clerk. Some ideas were discussed on how to celebrate Seward's Day, Monday March 29, 2010. Council would ask the Historical Society, the Historic Preservation Commission and the Pioneers for ideas. City land sale policies were discussed, and a work session was set for Tuesday, March 9, 2010. INFORMATIONAL ITEMS AND REPORTS (No action required) 1. January 8, 2010 Mayor letter to Obihiro re: Mural Exchange. .r& 2. January 13, 2010 Vice Mayor letter to Senator Murkowski. COUNCIL COMMENTS Shafer was happy that the city staff was raising funds for Haiti. Valdatta stated that Seward Landfill only had fluorescent bulb disposal once a month and thought the city needed to notify them on the dates and times the City was disposing of their fluorescent bulbs. Keil and Bardarson thanked all the volunteers for another successful Polar Bear Jump. Dunham complimented the 50 volunteers who assisted with the Alaska Sealife Center Marine Gala in Anchorage. He thought it was extremely well attended and it had raised around $58,000. He notified that EVOS and NOAA had about $76 million dollars of Exxon funds remaining and was proposing to split it up and would be in town in March 2010. Dunham had attended a two day session on economic development and mentioned that the oil refinery in Kenai area was barely surviving and had layed off 1000 employees. A super Walmart was going into Kenai and he thought a mayor caucus would be formed. CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None City of Seward, Alaska City Council Minutes January 25, 2010 Volume 38, Page 230 ADJOURNMENT The meeting was adjourned at 10:04 p.m. de Je.i Lewis CMC Willard E. Du am Ci ? Clerk Mayor (City Seal) ,' sr® go aRem,� •• •• 11V do RS« 0 ® a ° 3 V' 0 i 1l. 4..,. 1,3 ; ® O ° •