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HomeMy WebLinkAbout08132007 City Council Minutes City of Seward, Alaska August 13, 2007 City Council Minutes Volume 37, Page395 CALL TO ORDER The August 13,2007 regular meeting ofthe 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 Linda Amberg Steve Schafer Robert Thomas comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk ABSENT - None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING AI Schafer, thought Resolution 2007-079 was out ofline. Steve Schafer, spoke with the city manager and in light ofthe changes ofthe resolution that would be brought forth in a lay down version tonight, he believed it was possible that Resolution 2007 -079 was workable. Schafer didn't see how Afognak Construction could be liable for the repair of the levee, as they did not cause the damage. If anything, it was the design and/or how it was constructed. The two engineering firms, William J. Nelson and Associates and Shannon and Wilson, both stated it was Afognak's responsibility. Schafer thought William J. Nelson and Associated had a vested interest, as it was their design and Shannon and Wilson erred grievously. He had spoken with a couple of contractors from NHC and DOT who told Schafer it wasn't his problem. Schafer stated they would remove the bridge, but the language for the easement was such that they were allowed access to their property across the creek. He didn't want to give up access to their property. Schafer pointed out council directed the city manager to enter into a subdivision agreement. If they could allow that, he felt confident they could work out the rest. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Bardarson) Approval of Agenda and Consent Agenda City of Seward, Alaska August J 3, 2007 City Council Minutes Volume 37, Page396 Mayor Shafer queried the city clerk as to whether a member with a conflict on an agenda item should vote on the approval ofthe agenda. City Clerk Jean Lewis stated it was acceptable to do so, but felt this was an instance where the approval of the agenda and consent agenda should be approved separately. Motion Passed Unanimous The clerk read the following approved consent agenda items: The July 9 and July 23, 2007 regular city council meeting minutes were approved and the August 1, 2007 special meeting minutes. Resolution 2007-080. authorizing the city manager to execute a grant agreement between the State of Alaska and the City of Seward for the purpose of restoring or replacing the historic foundation in Hoben Park, and appropriating funds. Resolution 2007-081. accepting a grant in the amount of$2,980.00 from Rasmuson Foundation for furniture replacement in the teen and adult reading areas of the Seward Community Library and appropriating funds. Resolution 2007-082. authorizing the city manager to enter into a purchase agreement with Wesco for 3 reels 4/0 primary cable, for a total amount not-to-exceed $25,162.50. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Sue Magyar was recognized for 30 years of excellent service to the City of Seward. The Liberty Theater was recognized for 50 years of business in Seward. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met on August 7, 2007 and adjourned with unfinished business. Long hoped the final approval of the coastal zone management plan would be passed on the August 21, 2007 meeting. The Assembly passed and approved a $1.4 million General Obligation bond on the ballot along with approval of Seward Bear Creek Fire Hall Service Area/Community Building. It was a $3.5 million dollar project, which would require 60% voter approval. If passed, the borough would seek other grants for the remaining funds for the project. Rescinding authority previously granted to the South Peninsula General Hospital Service Area to negotiate the operation and maintenance contract ofthe facility was a big topic at the last meeting. It was decided that the ultimate responsibility resided with the entire borough. City Manager's Report. City Manager Phillip Oates announced the city had been working with the Chamber and P ACAB to cosponsor a Business and Economic Forum at Seward High School on September 19, 2007. Oates' report consisted of: City of Seward, Alaska August 13, 2007 City Council Minutes Volume 37, Page397 ~ Federal Lobbyist Brad Gilman informed staff that they received a report on the Water Resource Development Act (WRDA) conference report. Both Lowell Creek Tunnel and the East Harbor authorization would materialize if the bill gets out of the Senate. ~ In the Building and Engineering Department, the Senior Center siding was 85% complete and Oates thought the project would be completed by the end of August. A final concept layout for the L TCF endorsed by Providence and the City was presented for the council to review, as well as a 2007 project schedule. ~ In the Electric Department, Oates reported the Regulatory Commission of Alaska (RCA) approved the rate increase and the union contract was still being negotiated. ~ Public Works was preparing for winter, Ash Street ditching and drainage structures, pothole patching, and limited brush cutting had been completed. Generator Plant maintenance had been completed. The #3 Lift Station electrical design was complete, and the EP A and ADEC facilities inspections went well. ~The Library/Museum feasibility draft report was presented at the August 9, 2007 committee meeting. The committee would be refining the project scope and would be discussing the project with the council in the near future. ~ In other areas, Finance has begun to prepare for the 2008 preliminary budget and departments had begun to prepare their budgets. City Planner Malcolm Brown received a promotion to Major as of Tuesday, July 26, 2007. Brown was serving in the Middle East and met with Governor Palin, who congratulated him on his promotion. The city was soliciting volunteers for the volunteer fire departments. Vacancies were open for application on all three boards and commissions. Luke Moore had been hired on for the new Harbor Worker II position. Seward Port and Commerce Advisory Board Report. Ron Long stated P ACAB had a very short agenda last meeting, their work session last week was cancelled due to lack of quorum and he hoped to have something to present to council soon. Other Reports, Announcements and Presentations PUBLIC HEARINGS Resolutions Requiring a Public Hearing Resolution 2007-076. authorizing the city manager to appropriate funds in the amount of $5000 to the community built playgrounds project and authorizing the use of a portion of the park on Ballaine as a new community built playground. Oates started by providing information about insurance requirements for the construction of the project and the volunteers involved, should the city assist in this process. Two resolutions were before the council tonight for consideration. The first was the use of the land on Ballaine, and the City of Seward, Alaska Au[{Ust 13, 2007 City Council Minutes Volume 37, Page398 second on 3rd Avenue. Looking at these two sites, staff produced advantages and disadvantages of each. The 3rd Avenue playground's size was more advantageous, but cost was not known. The location of Ballaine was safer, but weather could be a problem. Parks and Recreation Director Karin Sturdy noted PARKS members put together the list of advantages and disadvantages, not staff. She felt strongly about this program and project. She felt it was a win-win situation for the community. Sturdy pointed out a three page use agreement already drafted and the requirements noted within it. She would be available to answer any questions ofthe council. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Christy Terry, announced her support ofthe playground project in the waterfront location on Ballaine. Terry asked council to envision the park in this location in respect to the additional economic development it could bring to the city. Christine Shepard, also spoke in support of Resolution 2007-076 and thanked the council for the public hearing tonight. She also thanked administration for looking into the insurance requirements and the Elks for being PARKS' fiscal sponsor. Shepard thanked city staff Karin Sturdy and Mark Stauble as well as the supportive Seaview Community Services. She supported the location on Ballaine. Jen Elhard, supported the Ballaine location. She felt because the new playground was for children from ages 2-12, this was an excellent idea for Seward. Elhard felt the earlier Seward was able to get their kids outside, the better. Tanya Brewi, worked for Parks and Recreation, supported PARKS and the younger generation of Seward. She supported the location on Ballaine because of its great location in respect to the skate park. Amy Hankins, also supported the property down on Ballaine. Her family sought out these community-built parks throughout the state, and hoped Seward could have one, too. Lisa Williams, also supported the PARKS community built playground. The idea of a playground built for 2 and 3 year olds would be a wonderful opportunity for the community. Michelle Hensel, was in full support of the playground for physical activity and because there were no playgrounds built for younger children at this time. Hensel also supported the Ballaine location. Third Avenue seemed more risky, while and Ballaine had ADA accessibility and better parking. Patty Beals and her son, Ian Beals, wanted a park. As a physical therapist, Patty Beals was concerned with fitness and the growing concern of obesity, so anything to help would be great. Monica Luther, who worked with families under the age of three, believed a park for City of Seward, Alaska August 13, 2007 City Council Minutes Volume 37, Page399 younger kids would be great. The idea of a community driven project was wonderful and she was excited at the possibility of an ADA approved park. Motion (Thomas/Amberg) Approve Resolution 2007-076 Schafer offered his support. Amberg thanked the public for coming out and stating their preference of the Ballaine location. She questioned the waiving of the fees and permitting, and wanted clarification that the city would still review, inspect and approve them. Oates confirmed they would, but fees would be waived. It must be approved by the building department. Motion Passed Unanimous Resolution 2007-077. authorizing the city manager to appropriate funds in the amount of $5000 to the community built playgrounds project and authorizing the use of the Third Avenue Playground as a new community built playground. 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 (V aldatta/Thomas) Approve Resolution 2007-077 Motion Failed Yes: No: Val datta, Bardarson Dunham, Schafer, Amberg, Mayor Shafer Thomas, UNFINISHED BUSINESS - None NEW BUSINESS Resolutions Resolution 2007-079. authorizing the city manager to take specific actions to remove existing structures in Japp (Japanese) Creek; accomplish repair ofthe damage to the Japanese Creek Levee; seek to manage bed loading in Japanese Creek; minimize the potential for flood damage in the Forest Acres Afognak Subdivision addition and other areas that are now undeveloped; and, develop a plan and budget for bed-load removal in Japanese Creek that will provide a model for future flood plain management. Mayor Shafer recused Councilmember Schafer from voting as a conflict existed and Schafer left the dais. Oates felt it was appropriate Schafer abstained from discussion and voting on this resolution, but hoped council could suspend rules to allow him to speak. A lay down version of the resolution was before the council tonight. Oates stated the resolution was not personal, nor was the intent to prevent or slow development, but to recognize the city had risk for development in this area related to the concept of the city being a riparian owner. Because the city constructed and maintains ownership of the levee, they shared the risk with the property owner of flood damage that could City of Seward, Alaska August 13, 2007 City Council Minutes Volume 37, Page400 eventually happen to any residential development. The reason the city had this risk was because in building the levee, they changed the natural flow of the stream. Oates stated this stream was confirmed by the state was non-navigable. The owner of the stream had full rights to use that stream for their own purposes. But the owner also had sizable risks for any actions the owner did that may damage the property of others. Currently, the city needed permission to go out and remove bed loading. The cost of bed loading in this area could be significant. Levees increase the amount of damage to properties in those areas because they give a higher discharge when they break and give people a deceiving sense of confidence of its presence. The city needed to abide by their code and before developing, needed to establish a base flood elevation to minimize risk and lawsuits. FEMA informed the city that federal funds would only be available if the city followed national guidelines on building and floodplain management in the city. Two engineering studies were done, the first done by the individual who designed the levee, and Oates noted there could be some bias in that study. The second study was done by Shannon and Wilson, who determined the development done by the property owner was the cause of the levee damage. Oates believed the damage was a combination ofthis and how the levee was constructed and designed and thought council should consider this. Oates talked the council through the resolution and its rationale. The area in question was designated as Zone C, which did not designate it as a flood plain and therefore not eligible for flood insurance. To build the Long Term Care Facility on this property, which the city was originally intending to do, the city either had to certify the levee, which FEMA said they would not do, or build the base flood elevation. Oates noted everything requested in this resolution was supported by the city code. They needed to officially require removing the bridge, road, and repair the damaged sections. If developer did not repair this area, the city would repair it and bill the property owner. Oates stated he would be wiling to consider any documents, not opinions, from unbiased outside sources to determine how the damage occurred. Also, the city needed to require private property owners of non-navigable streams as riparian owners to remove stream bed loading as legally required. The city right now shared the risk but couldn't manage the risk, which put them in a difficult position. Temporary Planner John Bird noted the federal government believed people should stay away from water, not create structures to keep water away from people and that levee's fail in over 1/3 of flooding disasters. Alluvial fans were extremely dangerous because of the steep slopes and high elevation of water. Bird noted when the city wanted to put the Long Term Care Facility at this site they had been told by the state, in coordination with FEMA, to avoid new development until the levee was certified or put it above the base flood elevation (BFE). Oates felt if the developer met these requirements; the city had no choice to approve a subdivision agreement, although he felt wary of it. Motion (Thomas/Bardarson) Approve Resolution 2007-079 City of Seward, Alaska August 13, 2007 City Council Minutes Volume 37, Page40I Mayor Shafer questioned why the city would go back to the original design if it had already failed them. Oates stated it would be repaired, and additional funding could upgrade the levee, but then the North Forest Acres levee would not have enough funding. Did the council want to improve the levee or repair it to get it through this flooding season? He recommended getting the repairs done through the flooding season and work on additional funding for improvements. Essentially, it was a funding issue. In response to Valdatta, Oates said FEMA was not certifying levees and were actually taking levees offtheir list. The city accepted the levee built to their specification. It was designed to reduce the flow ofthe water and flow over the road if it exceeded. Oates suspected cost was an issue when the levee was designed. In response to Dunham, Oates noted section three ofthe resolution directed him to work with other agencies to mitigate future problems. Ifthe city did not address bed loading removal, the city was liable for future problems. Dunham wanted to know what the responsibilities of the Flood Service Board were. Mayor Shafer said the city and the flood service board needed to figure out how they should be accessing and spending funds for flood mitigation. Not much had occurred yet, other than a lot of mappmg. Dunham and Mayor Shafer both felt William J. Nelson and Associates were somewhat responsible for the design of the levee. Oates felt the city didn't have a real strong position, since they had accepted the design of the levee. Valdatta wanted this resolution to be rewritten; he felt there should be more compromises in it. Motion (Thomas/Shafer) Suspend the rules to allow property owner Steve Schafer to speak Motion Passed By 2/3 Vote Yes: Bardarson, Dunham, Amberg, Valdatta, Thomas, Mayor Shafer Abstain: Schafer Council recessed at 9:12 p.m. Council resumed at 9:15 p.m. Steve Schafer addressed the council and read sections of the City of Seward, Alaska Levee Easement aloud. Prior to the easement, he had access across the creek without a permit. Schafer had access to their property across the creek and felt it was ludicrous for the city to deny this. Afognak would take care of the bed loading. Schafer handed out a copy of an email from Skip Barber, a former manager of DOT , who did not believe the road was the problem to the levee damage. He felt the questions the city was asking were pointed and biased. Schafer felt the design and construction were deficient. He simply wanted a mutually accepted access to the other side of their property City of Seward, Alaska Au!{ust 13, 2007 City Council Minutes Volume 37, Page402 across the creek and pointed out that the Department of Natural Resources, who owned adjoining land, should be held accountable for their mistakes. Schafer stated Afognak had asked for a subdivision agreement. Floodplain management, dike repair, and subdivision agreement were the issues currently at hand. Schafer agreed with the requirements proposed by staffbut didn't think bed loading on an annual basis should be required. Schafer stated he would remove the decking, but would still have access to their property. They would not do anything to harm the city, but would reserve the right to access their property. Schafer asked council to consider ifthe levee was actually built to the design specifications. He did not feel it was their responsibility to repair the levee and felt private property owners were being singled out. Schafer was in concurrence with most of the resolution except section #5. Mayor Shafer didn't think that Schafer could expect the city to pay for damage done on his property. Schafer said it should say "property owner" not "private property owner." Schafer stated he had offered solutions to fix the dike. Dunham questioned the responsibility of the bed load and felt it should be a shared cost. Oates agreed the owners at their area of the stream should have to repair any damage that had changed the course of the stream, and to move bed loading. Oates said there was no attempt to deny access, but they had to make sure the access did not increase risk to damage of the levee. Regarding the outside comments Schafer had mentioned, Oates was willing to consider them, but those people needed to come down and see the site for themselves. He felt there was a shared responsibility in this, but didn't know how much luck they would have with DNR to stabilize it. One area of damage was at the bridge site, and further down. The fundamental issue was who was responsible for bed loading. The owners in that area ofthe stream were and the city was responsible for their area. Schafer said an agreement could be worked out. But to say it was the responsibility of one property owner was a bold statement, as the entire alluvial fan spanned such a vast area that went far beyond his property area. It shouldn't be put on one property owner. Motion (Dunham/Thomas) Amend Resolution 2007-079, striking the word "annual" from the 16th "Whereas." Motion To Amend Passed Yes: Thomas, Amberg, Dunham, Valdatta, Bardarson, Mayor Shafer Abstain: Schafer Motion (Dunham/Valdatta) Amend Resolution 2007-079, add "..., and ifthe City agrees to the cost, the City would share equally in the cost of the repair." to section 1, number 2. Motion To Amend Passed Yes: Dunham, Bardarson, Amberg, City afSeward, Alaska August 13, 2007 City Council Minutes Volume 37, Page403 Thomas, Valdatta, Mayor Shafer Abstain: Schafer Motion (DunhamNaldatta) Amend Resolution 2007-079, striking the words "legally" and "private" and add "..., to maintain the established Base Flood Elevation (BFE)." to section 1, number 4. Motion To Amend Passed Yes: Dunham, Valdatta, Thomas, Bardarson, Amberg, Mayor Shafer Abstain: Schafer Main Motion Passed Unanimous OTHER NEW BUSINESS INFORMATIONAL ITEMS AND REPORTS (No action required) COUNCIL COMMENTS Bardarson was glad to hear the Kawabe Park mural was going up and commended the PARKS group and wondered if they could research construction of a pavilion. Amberg wished Sue Magyar luck in her future endeavors. Ifthe park was going to be moved to the Ballaine location, Amberg asked what the city would want to do with the existing park. They could possibly sell it and build a pavilion. Thomas appreciated everyone who attended in support ofthe community built playground and it sounded like a wonderful opportunity. Schafer congratulated Skip and Marie Fletcher on their 50 year anniversary in the movie theater business. They make everyone feel like family and Seward would not be the same without them. Dunham thanked whoever painted the Alaska Flag on the city shop. He wanted staffto look at contracting out repairing streets as Public Works was extremely busy. Dunham had a request from the mural association to discuss a mural commission. He thanked Don Young for coming to Seward to raise money for cancer and the Alaska SeaLife Center. Mayor Shafer was excited about the new park, as it would bring volunteers together. This was a great first step. The mayor was happy the weather was great for the Silver Salmon Derby. CITIZENS' COMMENTS Schafer, stated requiring the levee to return to the original design and specifications ofthe levee were a bit premature, because it was probably not what was there. City of Seward, Alaska AUJ?Ust 13, 2007 City Council Minutes Volume 37, Page404 COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 10:07 p.m. (City Seal) ~~,'III1",,# ",~~ OF SEt/",- ~... ~ ............"~.L\'###. :> C) ..:cP~POFi;i;... -I;.... <::. ~ .~_ ,~..v tf/JJ = l~ ---- '0-. ~ - . ~ - · .: Sr.'IAL . .. .. H-" ... :.: ..L.J.", : 8 : - \ . 'a .. . --.- . ~ . . ... -:. ($'I.. v~ ." ... .: ~, ~.'..'Iy~ 1 ,\~~,".L?"':; " -7)-~ .....1... ~,~.. " ~OF ", ta.: ," III ~ --,\' "......",1 }{, ~.~i~fv' Vanta Shafer Mayor