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HomeMy WebLinkAbout03222010 City Council Minutes City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 256 CALL TO ORDER The March 22, 2010 regular meetin g City of the Seward Cit 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 Vanta Shafer Marianna Keil comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Dollerhide, Acting City Clerk Cheryl Brooking, City Attorney ABSENT — Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald, spoke of conflicts with harbor policies. In light of the economic study that had been released recently, he hoped for a positive and productive response with the council tonight. 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: The March 08, 2010 Regular City Council Meeting Minutes Were Approved. Resolution 2010 -026, Approving The Amendment To The Cooperative Participation Agreement And Bylaws Of The Alaska Municipal League Joint Insurance Association, Inc. Effective July 1, 2010 SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 257 Proclamations and Awards A Certificate of Appreciation was awarded to Homer Electric Association for their assistance during our power outage. An Earthquake and Tsunami Awareness Week Proclamation for March 22 -26 was read. A Seward's Day Proclamation was read. A support proclamation for Governor Parnell's "Choose Respect" campaign to end the epidemic of domestic violence and sexual assault and proclaiming April as Sexual Assault Awareness Month was read. A Certificate of Appreciate was given to Alaska's Outstanding Student of the Year, Allison Barnwell. City Manager's Report, City Manager Phillip Oates stated he spoke with Scott Bartlett at Seward Army Resort, business was picking up and many conferences were being scheduled at the facility. Oates received email from DOT announcing the temporary bridge at Trail River was open to two lane traffic. It would be paved in mid May, when weather permitted and there would be no weight restrictions like last year The Governor was proposing to slash the cruise ship tax to $34.50 /passenger in an effort to bring more travelers. Oates would be in Juneau this Wednesday through Friday, working with lobbyist Kent Dawson. He had heard the capitol budget may be increased by up to $350 million dollars. Oates reported the Electric Department would be laying new underground power lines along Lowell Point Road, which would force them to close the road for about a month from Monday through Saturday, from 8:00 a.m. to 5:00 p.m. The Harbor added the ability for customers to pay their bills online on its website. This service became available March 1, 2010. The City applied for a grant through the Community Coastal Impact Assistance Program for improvements to the Northeast Harbor fish cleaning station. The City had begun the impound process on 6 abandoned vessels (2 in the harbor and 4 at SMIC). The impound process would continue through this month, and the City would look to sell or dispose of these vessels in April. Snug Harbor Seafoods was a commercial fishing processor that had operated out of Seward since 2007. They recently requested to relocate their operations from SMIC to the Seward Harbor, due to unsafe conditions from operating at the North Dock. Representatives from the Exxon Valdez Oil Spill Trustee Council were in Seward last night to solicit public comment on the future of the program. The harbor spoke in favor of funding Harbor Protection and Marine Restoration Projects specifically Stormwater, Wastewater and Harbor Projects. In the Finance Department, the auditors arrived on Monday for two weeks of audit field work. The finance department had been preparing for the audit and working with Providence to finalize the recording of assets related to Seward Mountain Haven. City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 258 The Permanent Fund Dividend deadline was March 31, 2010 and Oates encouraged the public to use the `Pick, Click, Give' option on the application to donate a portion of your PFD to either the Seward Community Library Association or the Resurrection Bay Historical Society. Those donations would go into the library/museum building fund. "Waves Over Seward, The Good Friday Earthquake" was a new historical documentary that would be showing at the Library on Saturday, March 27, 2010 in commemoration of the 46 year anniversary of the 1964 Good Friday Earthquake. Also, on March 30, 2010, the anniversary of the signing of the Alaska Purchase Treaty from Russia, there would be a continuous showing of the documentary, "Seward: The First 100 Years" at the Library. In Community Development, FEMA stated the City of Seward would have the proposed updated National Flood Insurance Program Maps distributed on March 15, 2010, but...no maps were provided on that date and the new date was March 31, 2010. Planner Donna Glenz and Community Development Director Christy Terry would be gone March 20 -27, 2010 at training offered by FEMA on Managing Floodplain Development through the NFIP. Oates encouraged the public to return census questionnaires. In Public Works, electrical upgrades to Well House #6 controls were complete and training began March 22, 2010. A notice to proceed was given to Prosser -Dag Construction for the North Seward Water Storage Tank project. Electrical upgrades for Lift Station #1 control room were complete; upgrades for the hazardous side were ongoing. New Duplex Control and Wastewater pumps were installed at City Hall. The Street Department crews were continually working on snow 1 .• and ice removal for streets, intersections and parking areas. Public Works continued to define the scope of work for the Federal Transportation Earmark fund. The snow blower's hydraulic motor was replaced and was now fully operational. All of the heavy equipment has been serviced and was operational. City Attorney's Report, City Attorney Cheryl Brooking gave the attorney's report for the period from January 21, 2010 to February 20, 2010. The attorney's provided legal advice on leases, contracts, resolutions, personnel matters, document requests, and several more items. They were pursuing quiet title action on a Two Lakes Park parcel on behalf of the city, to officially record the deed and recognize the city as the land owners. Mayoral Report, Mayor Willard E. Dunham stated he traveled to Juneau to attend GRETC legislative sessions and power and energy sessions. He met with public officials and commissioners and directors of the state, who spent little time on energy and a lot of time on gas. He noted they were more concerned with taxes than power. Dunham met with legislators and lobbyists and staffers talking about Seward's want list and harbor money. He was pleased with the Wada Reception turnout last weekend and staff for pulling together the reception. Dunham attended EVOS hearings and suggested earmarks to be for science and no more habitat. Later in the week he would be meeting with a potential movie crew to come to Seward. He thanked Kari Anderson for her response to a letter criticizing harbor practices and congratulated James Hubbard for his recent nomination to the state Fisheries Council. Other Reports, Announcements and Presentations City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 259 A Jesse Lee Home Stabilization Report was given by John Conway and Mary Elizabeth Reider for the Friends of Jesse Lee Home. Kenai Mountains - Turnagain Arm Community Corridor Association (KMTA CCA) presentation was given by Bruce Jaffa and Kaylene Johnson. Council recessed at 8:40 p.m. Council resumed at 8:45 p.m. A Power Point Presentation On Sidewalk Improvements Was Given By Public Works Staff. PUBLIC HEARING Resolution 2010 -025, Authorizing Eminent Domain Proceedings To Acquire Property Rights Necessary For Construction Of The North Forest Acres Levee/Road Project Across Tract B, Dieckgraeff- Gillespie Replat. Council Member Amberg wished a conflict of interest be ruled on as she has business dealings with the owners in question. Mayor Dunham ruled a conflict existed and there were no objections. Councilmember Amberg left the dais. Motion (Keil/Bardarson) Approve Resolution 2010 -025 Oates briefly explained the reasoning for obtaining this land for the North Forest Acres Levee Road Project. He explained that the alignment of the levee could not be changed or funding from the government agencies would cease. To date, the city council had approved all property purchases with the exception of this one before them. After numerous offers to the owners, it was clear a negotiated settlement was not possible and that the only way to obtain this land was through eminent domain. The appraisal of this land was done in 2008 by MacSwain and Associates. This was peer reviewed. He directed council to review the parcel map /public use easement in their packets and noted this was the only point the levee road could enter the highway and provide flood management. The ownership group used an older appraisal from 2003 that was not peer reviewed that was nearly three times as much as the appraised value determined by MacSwain. The city made four offers total. All were rejected. The resolution before the council tonight explained that the city would apply for a driveway permit with DOT and construct their driveway, even though the city was not required to do so. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 260 Tim McDonald, said these citizens have owned this property for 30 years and have put a lot of work and money into this property. If he owned the land he would challenge it, too. It did not seem fair to him. The public hearing was closed. Keil asked for the opinion of the city manager and attorney on the letter from the owner's attorney. Oates responded to each of the requests and explained why the city could not meet those requests. Valdatta did not understand why the city was taking both columns to the north and south of the easement area. Oates said it was necessary for the design of the levee itself — it was the best flood control measure to take. Bardarson noted constructing a new driveway was mentioned in "whereas" portion of the resolution, but it was not listed in the sections. Brooking said the driveway was not a part of the eminent domain action, so it was not required to be in the sections, as it was not something the city needed to do at all. Keil said she had never been a fan of eminent domain, but she said the city had been working on this project since 1995 and noted it was a public safety issue. She thought council needed to proceed with this and the city had made many offers, going above and beyond what they needed to do. Motion Passed Unanimous NEW BUSINESS Resolution 2010 -024, Authorizing The City Manager To Submit A Grant Application To The State Of Alaska Department Of Commerce, Community And Economic Development Public Library Construction And Major Expansion Matching Grant Program Requesting Not More Than $5,000,000 For The Library Museum Project. Motion (Keil/Amberg) Approve Resolution 2010 -024 Oates said this was a matching grant with total costs estimated at $10 million dollars. Motion Passed Unanimous Resolution 2010 -027, Authorizing The City Manager To Make An Addition To The Fort Raymond Generator Project Not To Exceed The Amount Of $265,000 To Connect And Commission Generator N2. ,.; Motion (Bardarson /Shafer) Approve Resolution 2010 -027 City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 261 Oates noted the council held a work session this evening at the generator building to show the council the current status of the project. This resolution would appropriate $265,000 which was in udi the budget. If not done now, the cost estimation could be double. If council approved this, all six generators would be online within a month. Valdatta said studies show between the next 3 -5 years generators would be obsolete. If the city didn't jump on it today, they may not get it next year. Keil had reservations on the cost of this appropriation, but it was in the budget they approved, so she would support this. Motion Passed Unanimous Resolution 2010 -028, Adopting A Surveillance Camera Policy. Motion (Bardarson /Amberg) Approve Resolution 2010 -028 Oates stated they were bringing this to council because it was within their duty to approve city policies. Since 2004, the city has had a surveillance camera system on public and city infrastructure. This resolution established a policy of use of surveillance cameras. Clemons noted there may be some times through court order where he would need to set up a camera in cases where they know a crime was going to be committed or simply just by court order. ej Keil wanted to know how many arrests had occurred from the cameras. Clemons could think of two, but he assumed there could be more. He also noted the fire by the fuel dock a few years ago showed how the fire started. Valdatta wanted to know if the cameras could be used to monitor wave activity. Clemons was not sure. Motion to Amend (Shafer /Keil) Amend Resolution 2010 -028, section 11, by changing the second to the last sentence to read, "Any exception to this requirement for a covert surveillance camera, the City Council will be notified as soon as an arrest has been made and requires the approval of the City Manager." Clemons gave an example of the reason for this necessity. Shafer just had problems of giving government more leeway. Clemons said the rules of the court were very strict and they could not break the law with or without this language. Dunham had a hard time with this amendment. He didn't think the council should even be involved right away and did not like the idea of notifying the mayor, as the section was previously written. Shafer was concerned with the change in privacy laws in the last ten or so years. She thought they needed to be very careful what they put in this policy. City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 262 r .. Oates stated the reasoning behind this section. Shafer just thought they needed to protect themselves from invasion of privacy. Amendment Passed Unanimous Motion to Amend (Keil/Shafer) Amend Resolution 2010 -028, Section 12 by striking the words "will result in disciplinary action that includes the possibility of" and replace with "shall result in" Brooking said there were different levels of suspension, so she recommended this language stay in. Oates said he was concerned with the consistency with other policies, specifically the personnel policy. Dunham did not agree with the amendment. Bardarson wanted to know if there was anyway to put more teeth in disciplinary action. Motion (Keil/Shafer) Postpone Resolution 2010 -028 to 6:00 p.m. on March 23, 2010 Motion Passed Unanimous OTHER NEW BUSINESS By unanimous consent, council moved to postpone scheduling a work session to discuss city land policies to 6:00 p.m. on March 23, 2010. INFORMATIONAL ITEMS AND REPORTS (No action required) Mayor and City Manager letter to House Finance Committee Co- Chairs Stoltze and Hawker on ALMRS funding. Mayor and City Manager letter to Rep. Bill Stoltze supporting HB 357. Mayor and City Manager letter to Senate Labor and Commerce Committee, opposing SB 129. Mayor and City Manager letter to House Community and Regional Affairs Committee, opposing HB 202. Mayor letter to Attorney General Sullivan re: assistance with coal facility lawsuit. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes March 22, 2010 Volume 38, Page 263 Tim McDonald appreciated the Police Chiefs job and his efforts for our public safety. But ;a this was Seward, Alaska and he felt like "Big Brother" was unnecessary. The Harbor cameras were disconcerting and harbor users were disappointed with the policies set forth in the Seward harbor. There was a lot of disgust in the commercial fishing fleet. His boat was due to be impounded by the city due to non payment of slip fees. He refused to be put on monthly moorage because he did not agree with the policy. The city shouldn't let their customers fail like that; rather protect them than persecute them. The most important thing in the harbor was not the revenue and McDonald felt the city needed to change their policies. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Shafer said PACAB was reviewing the harbor policies and said it would be beneficial for McDonald to go to their meetings and express his concerns. EXECUTIVE SESSION By unanimous consent, council moved to postpone the city attorney's evaluation to the next council meeting. The meeting was recessed until 6:00 p.m. on March 23, 2010. i ohanna Dollerhide, CMC Willard E. Dunham Acting City Clerk Mayor (City Seal) -k• o` � ^ ' „ R ' 'V • �.. .)) t t 0 077d AT o , r 0 riF *5,