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HomeMy WebLinkAbout09242007 City Council MinutesCity of Seward, Alaska City Council Minutes September 24, 2007 Volume 37 Pa~e419 CALL TO ORDER The September 24, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Lieutenant Tiner 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 Johanna Dollerhide, Assistant City Clerk ABSENT -None Linda Amberg Steve Schafer Robert Thomas CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Kevin Clark, noted the discussion item on the agenda tonight with Frank Avezac wasn't really regarding natural gas, it was propane, and stated the council had been through this before. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Bardarson) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The August 27, 2007 regular city council meeting minutes were approved. The draft letter to the Marine Transportation Advisory Board requesting the return of the M/V Tustemena be addressed at their upcoming meeting was approved. Ordinance 2007-007, amending the land use plan and rezoning of Tract D, of the USS 1864, Seward Long Term Care Facility Subdivision (preliminary plat) and rezoning the north City of Seward, Alaska City Council Minutes September 24 2007 volume 37, Page420 portion of Tract A-1, of the USS 1864, Seward Long Term Care Facility Subdivision (preliminary plat) from single family (Rl) to institutional (INS) (introduced and set for public hearing on October 8, 2007). Resolution 2007-087, approving amendment #5 to the employment agreement with the city clerk. Resolution 2007-089, electing to participate in the AML/JIA Loss Control Incentive Program for the City of Seward. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A memoriam was read for Former Mayor Lee McAnerney. A proclamation celebrating September Family Day for September 24, 2007 was read. A proclamation was read for Seward Elementary School for their Alaska School Performance Incentive Award. A Fire Prevention Month proclamation was read. A proclamation for First Responder's Appreciation Day was read for September 25, 2007. City Manager's Report. City Manager Phillip Oates stated the City was awarded a grant for $204,000 from the Department of Homeland Security. More details would come forward once the city was officially awarded the funds. Remodeling had been taking place in City Hall, both upstairs in the courthouse and the new boiler had arrived and was ready for installation. As suspected, asbestos was in the pipe and boiler insulation as well as the mastics for the ceiling the tracks along the walls. This needed to be dealt with by a certified abatement crew. Council member Bardarson and Oates had met to discuss the High School Activities sign, which DOT was now allowing to be erected. The Electric Department was working on establishing the specific location for the sign and obtaining the permit to dig in the State right of way. In an attempt to ease the burden of junk vehicle clean up, the Kenai Peninsula Borough was waving the $10 disposal fee normally charged to commercial haulers. The waiver would be in effect through October 31, 2007. The P.A.R.K.S. playground design was revealed last Thursday evening and the event raised over $3,500 towards the project. City of Seward, Alaska City Council Minutes September 24, 2007 Volume 37 Page421 Oates congratulated Laura Cloward and the Seward Chamber of Commerce on winning "Alaska's Chamber of the Year" award. Oates noted this was well deserved and he appreciated all "" that the Chamber did in marketing Seward. In other areas, Oates and Mayor Shafer met with the Commissioner of the Department of Corrections on September 12, 2007 to discuss plans to expand the Spring Creek Correctional Facility. The Kawabe Park mural was installed by Public Works. Oates would be reviewing the city's policies for public use of AVTEC athletic facilities. The Alaska National Guard was in town for a leadership conference last week. The first Economic Forum was held last Wednesday and the Alaska Cruise Association donated a fluorescent light bulb crushing machine to the City of Seward. Project Manager and City Engineer Tom Shepard had given his notice that he would be leaving Seward to move to Flagstaff, Arizona. Chamber of Commerce Report. Chamber Director Laura Cloward stated this month the Chamber launched their electronic newsletter, which was successful so far. Benefits were the information was passed along quicker and didn't have to be limited to just chamber members. The end of the season train ride occurred last weekend with a great turnout. Cloward would travel to the Alaska Travel Industry Association in Juneau. The marketing contract with the City of Seward was a concrete way of doing business and Cloward thanked the city's support for the Chamber. Other Reports, Announcements and Presentations PUBLIC HEARINGS -NONE UNFINISHED BUSINESS Items Postponed From a Previous Agenda Resolution 2007-068, adopting a moratorium of all property lease and sales of city owned land in the Nash Road bench area until a development study of the area is completed and reviewed by council; the moratorium includes the request by Brad Snowden to purchase an approximate five (5) acre portion of the city owned property which has a legal description of tract H1 Fourth of July Creek Subdivision, Roberts replat. Motion (Dunham/Amberg) Approve Resolution 2007-068 Motion previously made on 7/9/07 Oates recommended council fail this resolution, and recommended approval of Resolution 2007-092 when it came to them on the agenda. Dunham was totally opposed to the sale of tidelands. He would vote against this resolution. Motion Failed Unanimous "' NEW BUSINESS City of Seward, Alaska City Council Minutes September 24, 2007 Volume 37, Page422 Resolutions Resolution 2007-088, authorizing the city manager to enter into a contract with Metco Inc. to repair the Japanese Creek Levee at a cost not to exceed $100,451, with financing from the 2008 designated legislative grant from the State of Alaska. Oates stated the levee was damaged from the October 2006 flood. Since Afognak had turned down the city's offer to repair the levee and have the city pay for half of the cost, the city had to go out to RFP for this service. Metco had the most qualifying bid. Motion (Thomas/Bardarson) Approve Resolution 2007-088 Amberg felt a 30% contingency was really high. Project Manager Tom Shepard echoed Oates' comments that the contractor may make additional repairs. In response to Dunham, Oates responded the city was getting a repair to the three sections of the lower levee, which could fail if the city had a flood this year. It did not fix the problem with the levee, but repaired the damage. Motion Passed Unanimous Resolution 2007-090, authorizing the city manager to enter into a second extension of the agreement with Tryck Nyman Hayes, Inc. to provide engineering and design services for the I & T Docks and the Travel Lift/Bulkhead in the small boat harbor for an amount not to exceed $52,000. Harbormaster Scott Ransom noted this project was currently out to bid. Bid openings would be October 4, 2007. The contract should come to the council on the October 22, 2007 meeting. The environmental permitting aspect was unforeseen, but the proj ect was moving forward. Motion (ThomasBardarson) Approve Resolution 2007-090 Councilmember Valdatta made a motion to table this resolution until construction of the project was completed. The motion died for lack of a second. Schafer was tired of seeing the money constantly being allocated to Tryck Nyman Hayes, and felt it should go out to bid. Oates felt if that was the direction the council wanted, they could vote it down, but it would essentially stop the project. Schafer wanted to know how much money of the $52,000 before the council had already been spent. Ransom said the permitting to keep the project going which was a time factor. Tryck Nyman Hayes had already invested the time; the city just hadn't invested the money yet. Amberg felt it wasn't a lot of money, but when it was added up it was a lot. She agreed with Schafer that maybe these things should start to go out to RFP. City of Seward, Alaska City Council Minutes September 24, 2007 Volume 37 Page423 Schafer wanted to know how much had already been spent. Ransom clarified this was not a new project, and he agreed with Amberg that things should go out to RFP. In this case, it was a " continuation of a project. Dunham hoped, when appropriate, that the city could go out to RFP on most things. Motion Passed Unanimous Resolution 2007-091, amending the Electric Enterprise Fund 2007 Operating Budget to include two positions for Operator/Mechanics. Oates stated this had been discussed previously in much detail already. Depending on the hiring process, this would give the city a chance to reduce the staff in the Public Works department. It was probable once these two positions were filled; two positions in Public Works would go away, including a supervisory position. Motion (Thomas/Dunham) Approve Resolution 2007-091 Amberg was under the impression this change would be introduced in the 2008 budget. Electric Utility Manager Tim Barnum said the funding was there, and the classifications would be what the council was approving. Valdatta asked about staff scheduling. Barnum anticipated a lot of the repair work would be in the field. Motion Passed Unanimous Resolution 2007-092, denying a request by Brad Snowden to purchase tract Hl Fourth of July Creek Subdivision, Roberts replat, to preserve access to city-owned tidelands. Oates stated this issue had been discussed earlier in the work session. This was another version of the resolution that was postponed pending administration conducting a study on options of the Nash Road1SMIC area. The only viable option to preserve access to tidelands was this property before the council tonight. Motion (Thomas/Amberg) Approve Resolution 2007-092 Dunham questioned the wording of the title of the resolution. Oates noted it had legal review. Schafer asked what the use of the tidelands in question was. He did not see denying the sale of this land for fair market value just for the access of the tideland. Schafer felt if an individual wanted to buy this land, the city should let them. Thomas felt it would be shortsighted of the city to sell off their only access to the tideland. ~.. Mayor Shafer was afraid to put the only access in private hands. She would really like to see this bench study done before any land sale was conducted. City of Seward, Alaska City Council Minutes September 24 2007 Volume 37, Page424 Dunham said he was opposed to selling any tidelands. This request before the council was not the only access to the property, but it was the key access. He noted the community had voted in the past not to sell any tidelands and did not believe it was in the city's best interest. Bardarson didn't oppose selling the property, but at this time would not support it until a study was completed. Thomas was surprised the council would support this in the first place, because it was not going out to 1ZFP. Motion Passed OTHER NEW BUSINESS Unanimous A discussion ensued on whether to direct the city manager to initiate a meeting with Frank Avezac regarding natural gas in Seward. (Valdatta) After discussion, council had no interest in directing the city manager to initiate a meeting with Avezac. Council received an update and discussed resolution 2007-079 which addressed levee repairs and subdivision agreements in the vicinity of Japanese Creek. Council member Schafer left the dais for this discussion and update, as a conflict of interest existed. INFORMATIONAL ITEMS AND REPORTS (No action required City Monthly Financial Report Providence Seward Medical Center Financial Report COUNCIL COMMENTS Amberg, wished Tom Shepard and his family good luck. He had done a great job and would be missed. Bardarson, thanked the National Guard for their visit to Seward and was grateful to have been able to go for a helicopter ride. Thomas, thanked the Department of Corrections for attending the work session tonight. This was his last meeting and encouraged all to vote. Thomas agreed with Amberg that the city would be sad to loose Shepard. Dunham, congratulated the chamber on their award and hoped they received a lot of publicity for it. He congratulated the music festival coordinators and the mural society and city staff for putting the mural up. The AVTEC statewide board and the commissioner of labor would be Ciry of Seward, Alaska City Council Minutes September 24, 2007 Volume 37 Page42S meeting in Seward next week to discuss expansion. Dunham encouraged all to vote. The city received an invitation to the All America City gathering in Washington, D.C. Mayor Shafer, thanked all who participated in the economic development meeting on Wednesday. She hoped the community would stay interested in this forum. Shafer attended the PARKS design unveiling event, and she was very excited for the prospect of this playground. She congratulated the chamber on their award and thanked Director Laura Cloward for all of her work that she does. Shafer also thanked the Alaska Cruise Line Association for the light bulb crusher the city received today. CITIZENS' COMMENTS Steve Schafer, commented on the Japanese Creek Levee. He was tired of coming before the council to talk about the same things. The culvert in question was always there. The steel deck was put thereto widen out the road. He said there never was a bridge and the city engineer was mistaken in his comments. Schafer didn't know why it kept coming up as Afognak's fault. Kevin Clark, commented on the bench study across the bay and hoped the issue of selling land over there would remain a city priority. Margaret Anderson, was sad to see Tom Shepard leave and that he had represented Seward very well. She thanked the council for serving the community for the past year and felt they as well rr. as the city manager had made positive strides. Anderson thanked council for the upgrades on the Senior Citizens Center and for fixing the streets last spring. She thanked the chamber, and was grateful for any recognition they so well deserved. She questioned why at the Meet The Candidates Night certain individuals would implied the council was unethical and hoped someone could answer that for her. Al Schafer, spoke on the Japanese Creek Levee. He put in a ten foot culvert many years ago, and the agreement with the city for the dike was the city would build and maintain a road across the dike to the crossing. Schafer didn't understand what this was all about and was frustrated by it all. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Thomas, responded to Anderson's ethics question. After spending two years on council, he felt when someone implied the council was unethical, it generally meant they weren't doing what that person wanted them to do. Mayor Shafer, noted when people were angry, they often sling accusations of lack of integrity or ethics. She had not seen campaigning like this before in Seward, and she was not about to attack anyone personally. ADJOURNMENT The meeting was adjourned at 9:12 p.m. Council Minutes pity pa e426 Volume 37, Cif' °f 5ewa ~. Zd~- ,~~ ~wis t,,` 3e k .~~.t,~~aa~x~AC~ Ci y er ~ . ,~ -~ ~~ Seal ~.© :o:~~,•~,y`c'~'~i`~%'' ~~o City ~ ~:~' ...«- `~ ': `w ;~ ~ o ~~,~ i °'" '•. d, ,~9 m ,~ •. c~ tee' ~~'1.,,,'., ~!=~'~ S.. ~Q>0o~~~- ~~~ ~~Ct~ V onto Shafer Mayor