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Home My WebLink About08012011 City Council Packet Seward City Council Agenda Packet of sew 4 4$1 a ; P = q�A P Special CCouncil Meeting August 1, 2011 City Council Chambers Following adjournment of the 6:00 p.m. City Council Work Session The City of Seward, Alaska Special City Council Meeting August 1, 2011 Following adjournment of the 6:00 p.m. Council Chambers City Council Work Session Willard E. Dunham 1. Call to order Mayor 2. Pledge of allegiance Term Expires 2011 3. Roll call Jean Bardarson 4. Citizens' comments on any subject except those items Vice Mayor scheduled for public hearing. [Those who have signed in will Term Expires 2012 be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda Robert Valdatta item.] Council Member Term Expires 2011 5. Approval of agenda Tom Smith 6. New Business Council Member Term Expires 2011 A. Other New Business Items Vanta Shafer Council Member 1. Discussion and direction on bringing forward an Term Expires 2011 Ordinance repealing Ordinance 2011 -003. Marianna Keil 7. Council comment Council Member Term Expires 2012 8. Citizens' comments Ristine Casagranda 9. Council and administration response to citizens' comments Council Member Term Expires 2012 10. Executive Session Phillip Oates A. Go into Executive Session to discuss City Manager City Manager Candidates. Johanna Kinney 11. Adjournment City Clerk City of Seward, Alaska Council Agenda August 1, 2011 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting on August 1, 2011 following the adjournment of the 6:00 p.m. City Council Work Session for the purpose of: 1. Discussion and direction on bringing forward an Ordinance repealing Ordinance 2011 -003. (Seward City Code 4.15.050 states "Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election." The purpose of this discussion item is to seek direction from the council if they want the option of repealing Ordinance 2011 -003 or not.) '' 2. Go into Executive Session to discuss City Manager Candidates. th 3u I. Signed this 29 day of -Aug 2011. Mayor City Manager 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 *kw, (No business shall be transacted other than stated above.) of sety NOTICE OF WORK SESSION AND 44SKP SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a work session and a special meeting on August 1, 2011. The City Council Work Session will begin at 6:00 p.m., for the purpose of: 1. Parking and Electric Enterprise Funds Rate Reviews The City Council Special Meeting will begin following adjournment of the work session, for the purpose of: 1. Discussion and direction on bringing forward an Ordinance repealing Ordinance 2011 -003. (Seward City Code 4.15.050 states "Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election." The purpose of this discussion item is to seek direction from the council if they want the option of repealing Ordinance 2011 -003 or not.) 1. Go into Executive Session to discuss City Manager Candidates. The work session and special meeting will be conducted in City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend. JOHANNA KINNEY CITY CLERK POSTED: 7/29/2011 at 5:00 p.m. City Hall bulletin board U.S. Post Office Harbormaster's Building Agenda Statement Meeting Date: August 1, 2011 of SF k q, To: Mayor Dunham : City Council Members q P From: Johanna Kinney, City Clerk Y� Y Agenda Items: Discussion and direction on bringing forward an Ordinance repealing Ordinance 2011 -003. Attached to this agenda statement is the City Clerk's certification of the 2011 Citizen Referendum Petition as sufficient. Council has the opportunity to repeal Ordinance 2011 -003. The discussion item before you tonight is for council as a body to give the City Clerk direction if you would like an Ordinance to come before you for introduction at the next meeting that would repeal Ordinance 2011 -003. If it is the wishes of the council to consider a repeal of Ordinance 2011 -003, the timing of this is limited, but possible. If directed to, the City Clerk will place an Ordinance for introduction on the August 8, 2011 agenda. If the Ordinance is then introduced, it can then be scheduled for a public hearing and enactment at a special meeting on August 15, 2011. The reason the turnaround is fast is to allow council to make this possible decision before the clerk sends all ballot language off for official printing. The City Clerk's ballot printing deadline is August 16, 2011. Additionally, a council member had asked if the council has the ability to amend Ordinance 2011 -003, to change the increased amount. It is the opinion of the City Clerk that 4.15.050 (b) indicates the matter is suspended as of July 27, 2011 -- when the petition was certified as sufficient -- and may not be acted upon or a new resolution or ordinance of similar nature can be enacted. Seward City Code states the following: 4.15.050 Referendum Election. (a) Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs within 75 days of the certification of a sufficient petition, the council shall hold a special election within 75 days of submission to the council. (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the city council may not enact an ordinance or resolution substantially similar to the suspended measure. (c) If the council repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. (d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise the • matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. 4.15.055 Effect. (a) The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. (b) If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the city council for a period of two years. (c) If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. RECOMMENDATION: Discuss if council wants to consider repealing Ordinance 2011 -003, and either give direction to the City Clerk to: • Bring forward an Ordinance for introduction for the August 8, 2011 agenda, or • Refer the matter and decision to the voters of the City of Seward on the ballot at the regular election on October 4, 2011. A 2 011 August 2011 September 2011 Su Su Mo TuWe Th Fr Sa Mo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 Illirro 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Au 2 3 4 5 6:00pm CC WS; Electric 7:30pm P &Z Meeting L7:05pm Appeal Hearind 8:00pm Special Meetir0 7 Q / 8 9 110 11 112 5.45pm City Council W 11:30am Seward Comm 7:00pm City Council M N r-1 co 0, 7 Q 15 16 17 18 19 6:30pm P &Z Work Ses 12:00pm PACAB Work S 9:00am Social Security 6:30pm Historic Preser o, Li, rn 7 Q 22 23 24 25 26 `7 0pm City Council M Qo N N N m 7 Q 29 30 31 Sep 1 2 N d v In 01 Q Nanci Richey 1 7/29/2011 11:17 AM September 2 011 September 2011 — October 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 4 5 6 7 8 910 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Aug 29 30 31 Sep 1 2 N a v Cr N a) 5 6 7 8 9 Labor Day; Offices Clo: 7:30pm P &Z Meeting 11:30am Seward Comm rn u , a v 12 13 14 15 16 y� 7:00pm City Council M N n. N N 19 20 21 22 23 6:30pm P &Z Work Ses 12:00pm PACAB Work S 9:00am Social Security 6:30pm Historic Preser m N O, Q .) N 26 27 28 29 30 7:00pmCity Council M m m N Q 7 .1" ) Nanci Richey 1 7/29/2011 11:17 AM