HomeMy WebLinkAbout09102007 City Council MinutesCity of Seward, Alaska City Council Minutes
September 10, 2007 Volume 37 Pa~e411
CALL TO ORDER
The September 10, 2007 regular meeting of the Seward City Council was called to order at
7:30 p.m. by Mayor Vanta Shafer.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Vanta Shafer presiding and
Willard Dunham
Bob Valdatta
Jean Bardarson
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
Nanci Richey, Administrative Assistant
Rob Johnson, City Attorney
ABSENT -None
Linda Amberg
Steve Schafer
Robert Thomas
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Randy Stauffer, represented the Seward Bear Creek Area Flood Board (SBCAFB) and made
comments on Resolution 2007-79, concerning section 1, item 4, which required property owners of
non-navigable streams to remove stream bed loading and maintain the established base flood
elevation (BFE). The Board felt this was a dangerous and flawed policy that had legal liability
issues. Stauffer thought this would encourage individuals to go into area streams and do their own
thing and wished council would reconsider this ownership idea.
Christine Shepard, thanked the city for the site on Ballaine and the $5000 donation for the
community built playground by PARKS. The designer had interviewed children at the elementary
school and invited the public to the Design Day presentation.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Thomas/Amberg)
Approval of Agenda and Consent Agenda
The August 27, 2007 regular city council meeting minutes were pulled from the agenda by
Councilmember Schafer.
City of Seward, Alaska Ciry Council Minutes
September 10 2007 Volume 37, Page412
Motion Passed
Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards -None
Borough Assembly Report. Borough Assembly Representative Ron Long stated there
were two initiatives on the ballot; term limits for the Assembly and School Board members. They
also accepted $815,000 from the state for costs incurred during the 2006 flooding events. Long
stated the September 4, 2007 meeting appropriated $1 million for roads and $500,000 for schools.
He also noted the Borough needed the city's federal and state priority list.
City Manager's Report. City Manager Phillip Oates started off by congratulating Police
Sergeant Dorene Valadez for her work on a dead end murder case from 1982 that resulted in an
arrest in Fairbanks recently. He advised of other personnel hirings and maternity leave replacements.
- Long-Term Care Facilitv. Platting had been approved by the Seward Planning & Zoning
Commission and was forwarded to the Borough Platting Commission for their October 8,
2007 agenda. Once approved, the property purchase could be finalized. This property was
also rezoned from Single Family to Institutional zoning.
- ISO Rating. The city had not kept up with documentation of service tests on equipment and r..r
hydrants and had some deficiencies in the flow rate of some of the pump trucks. The city's
rating was 4.9 and Oates did not think the current rating would improve.
- Providence/Wesley Care Facilitv. Two letters were received requesting renewal and
negotiation of the maintenance and operating agreement. Global Ministries was requesting a
new short term lease at no cost to the city until the new Long-Term Care Facility was
complete.
Oates had attended a number of productive meetings with Alaska Housing Finance
Corporation, Alaska Department of Public Safety, Alaska State Troopers, Anchorage Industrial and
Export Authority and the Chief for law enforcement of the National Oceanic & Atmospheric
Administration, seeking a waiver for rural communities, a new building to house different state
agencies, and economic assistance for the SMIC breakwater and shiplift transfer facility. He had
also met with Senator Gary Stevens and Representative Paul Seaton.
Oates had established a Blue Ribbon Budget Task Force committee which would begin
meeting on September 13, 2007. He also stated the Coal Task Force committee met with the Alaska
Railroad to discuss coal dust problems and solutions. The Alaska Railroad briefed the task force on
operational procedures to prevent the unloading of coal during adverse conditions. A letter from the
Department of Environmental Conservation stated the environmental plans by the Railroad were not
acceptable. Coal delivery trains were scheduled for October through December.
City of Seward, Alaska City Council Minutes
September 10, 2007 Volume 37, Page413
Thomas commended Oates for the letter to Global ministries and appreciated saving the city
money.
Mayor Shafer was concerned and did not want to be left with the removal of the old building
when its usefulness was completed.
Schafer suggested an open RFP for hospital management instead of sole-sourced with
Providence.
City Attorney's Report. City Attorney Rob Johnson was in Seward to report on the
IBEW contract and resolution on the agenda. He stated the attorneys reviewed local laws, and
provided input on small boat harbor, SMIC and land issues. Litigation of Ace Hardware was
dismissed by the appellant. Summary judgment was filed on the Clean Water Act from Trustees for
Alaska, with oral argument scheduled for November 20, 2007. Oral argument would be September
18, 2007 before the Supreme court on litigation of Washington Street. Johnson thought Federal
Court would have a decision before the Supreme Court.
Johnson also stated there was pending legislation on PERS/TRS funding that would have a
direct impact for the state and city. He expected an active legislation on this issue
Seward Port and Commerce Advisory Board Report. Ron Long noted their top issues
was to look at the Seward Planning & Zoning revisions to the SMIC Development Plan, incorporate
any changes, then pass along for council review. He was looking forward to the business and
economic forum.
PUBLIC HEARINGS
Ordinances
Non-code Ordinance 2007-005, Authorizing An Exception To SCC 3.65.020 To Permit
Retroactive Application To July 1, 2007 Of Provisions In A Collective Bargaining Agreement
As And If Approved By Separate Resolution Of The City Council.
Oates stated this non-code ordinance would exempt IBEW and allow this agreement to be
retroactive back to July 1, 2007. Precedence for this was not found in the city code but had been
established that way. Oates recommended approval and terms of the agreement would be discussed
in executive session later in this agenda.
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 (Dunham/Bardarson) Enact Non-code Ordinance 2007-005
Council member Thomas raised a point of order to discuss the ordinance only, and discuss
the contract later on the agenda.
City of Seward, Alaska City Council Minutes
September 10 2007 Volume 37, Page414
Motion Passed
Unanimous
Ordinance 2007-006, Establishing Section 15.15.025, Historic Preservation, Seward
Historic Plant & Tree Register.
Oates stated the Historic Preservation Commission had numerous work sessions dating back
to 2005 developing a program to designate trees and plants to a historic register. The intent was to
raise public awareness of significant trees and plants and provide for preservation. The Historic
Preservation Commission established the eligibility criteria.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Historic Preservation Commissioner Jolund Luther, urged support so plants and trees
could be on a historic register like property. He stated this did not give a protected status for any
plant or tree, and the intent of the Commission was to encourage awareness, not to limit what
property owners could do on their own property.
Historic Preservation Commissioner Greg Carpenter reiterated that time and effort went
into this register. There was no intent from the Commission to make anything regulatory.
The register was established to prevent unintentional removal and they wished it to be educational.
This would acknowledge certain trees and plants and encourage the community to preserve them.
Motion (Schafer/Amberg)
Enact Ordinance 2007-006
Dunham remembered the flack over the cottonwood trees. He hoped this was not the
beginning of a nightmare and wanted the 3rd whereas removed.
Thomas thanked the commission for their hard work, and appreciated their thought and
effort, but had voted against the original register. He did not want to establish a tree and plant
register.
Dunham questioned the listing of Caines Head to Kenai Lake because it encompassed more
than the city of Seward.
Thomas thought this was ammunition for things to come in the future, and would vote against
it for that reason.
Amendment (Amberg/Dunham)
To change Section 1 (A) to put a period
after trees(.) and remove the wording
"worthy of preservation."
Amendment Passed Unanimous
City of Seward, Alaska City Council Minutes
September 10, 2007 volume 37 Page41 S
Main Motion Passed
NEW BUSINESS
Executive Session
Motion (Schafer/Dunham)
Amberg, Valdatta, Mayor Shafer
No: Thomas
Yes: Schafer, Dunham, Bardarson,
Go into Executive Session
Point of Order raised by Councilmember Thomas to have council add wording on the motion
that met the legal requirement for an executive session.
Motion (Schafer/Dunham)
Go Into Executive Session To Discuss
Matters Pertaining To A Three Year
Contract With IBEW Which Is A
Strategy For Negotiation Of A Labor
Contract.
Motion Passed
Council went into executive session at 8:30 p.m.
Council came out of executive session at 9:07 p.m.
Resolutions
Unanimous
Resolution 2007-086, Authorizing The City Manager To Enter Into A Three Year Contract
With The International Brother-Hood Of Electrical Workers (IBEW) Effective July 1, 2007
And Ending June 30, 2010.
Motion (Thomas/Dunham)
Motion Passed
Approve Resolution 2007-086
Unanimous
OTHER NEW BUSINESS
The City Clerk was instructed to listen to the tape of the August 27, 2007 regular city council
meeting minutes on a portion, and bring back at the next meeting.
Update And Discuss Resolution 2007-079 Which Addressed Levee Repairs And Subdivision
Agreements In The Vicinity Of Japanese Creek.
Council member Schafer had a conflict and left the dais.
Oates stated the city needed access to accomplish levee repairs along Japp Creek but had not
City of Seward, Alaska City Council Minutes
September 10, 2007 Volume 37, Page416
been given permission to cross the property owner's land as yet. Road and culvert removal had not
occurred. The property owner stated they would keep the road and culvert in the creek and remove
the "decking". Decking had been removed. Oates would confer with the state floodplain manager
or qualified engineers as to whether this culvert and road needed to be removed.
Oates referred to a laydown of Japp Creek October 2006 flood sediment management
investigation report prepared by Northwest Hydraulic Consultants Inc.
Oates stated the volume bed loading and debris deposited in Japp Creek was primarily in the
section of the creek bed that was privately owned. 190,800 cubic yards was estimated deposited
from the 2006 flooding event. This report concluded the levee could not safely contain a 100-year
flood.
Oates recommended:
- Removal of bed loading deposited in the 200b flooding event.
- Develop a concise and clear flood and sediment management plan based on scientific
and engineered data.
- Not enter into a subdivision agreement at this time. Without some process of a
maintenance plan for bed loading, it was foolish to do so.
Oates pointed to wall maps which indicated flood areas from past floods. He commented
that the city should not assume responsibility for any infrastructure in areas experiencing past
flooding, until procedures and standards minimized the chances of damage from future flood events.
He added that purchasers needed to be aware of the risks involved from buying and building homes
in these areas. He recommended the council stay the course and address these issues with the state,
borough and flood board to protect infrastructure.
Much discussion ensued on the permitting process for the North Forest Acres levee project.
Environmental assessments were completed and being distributed to other agencies. Permits were
60% completed. With various timeframes, it would be about 6 months before the city was ready to
proceed again on the North Forest Acres road and levee. Oates stated there were 10 parcels and two
right-of--ways to secure. Estimated total costs were $2.7 million with construction and property
acquisition, however, $1 million would be used for levee repairs now. Property acquisition for
appraised value would begin taking place.
Amberg wondered why the city would want to purchase that property and inherit a bigger bed
loading problem, not to mention the cost involved. She felt this was the private property owners'
responsibility, and concessions to a few things required of them could alleviate some of the city's
liability.
City Attorney Rob Johnson stated the city must meet the general standards of doing things
right. If the city started going forward, the standards of negligence would apply. Decision making
and actions could give rise to consequences down the line.
COUNCIL COMMENTS
City of Seward, Alaska City Council Minutes
September 10, 2007 Volume 37, Page417
Amberg thanked John Bird for his hard work and would welcome him back. Condolencesto
~ out to the family of Terry Pollard.
Bardarson offered condolences also and urged others to vote in the upcoming city election..
Dunham noted the passing of Terry Pollard and Ex-Mayor Lee McAnerney. He thanked
John Bird for his work on behalf of the city, also. He thought DOT should fix a seepage problem at
mile 3.5 because the last rain almost ruined the area and new bike path. He mentioned the Kenai
Peninsula Borough had a 10% population drop and that he was impressed with the results of the
canine patrol in Kenai.
Amberg thought everyone should fly flags tomorrow for 9111.
Mayor Shafer wanted a proclamation for student and teacher awards on the next agenda.
CITIZENS' COMMENTS -None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None
Couucil recessed for a break at 9:50 p.m.
Council resumed at 9:57 p.m.
EXECUTIVE SESSIONS
Motion (Thomas/Bardarson) Go Into Executive Session To Discuss City
Manager, City Clerk, and City Attorney
Evaluations
Motion Passed
Unanimous
Council went into executive session for the city manager evaluation at 9:58 p.m.
Council came out of executive session at 10:10 p.m.
Council went into executive session for the city attorney evaluation at 10:10 p.m.
Council came out of executive session at 10:25 p.m.
Council went into executive session for the city clerk evaluation at 10:26 p.m.
Council came out of executive session at 10:30 p.m.
ADJOURNMENT
The meeting was adjourned at 10:31 p.m.
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