HomeMy WebLinkAbout06252007 City Council Minutes
City of Seward. Alaska
June 25. 2007
City Council Minutes
Volume 37. Page372
CALL TO ORDER
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The June 25, 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
Linda Amberg
Steve Schafer
Robert Thomas
comprising a quorum of the Council; and
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Phillip Oates, City Manager
Jean Lewis, City Clerk
Cheryl Brooking, City Attorney
Rob Johnson, City Attorney
ABSENT - None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Theresa Butts, spoke in favor of a Lowell Creek hydro design project. Estimated cost would
be 9.6 cents a kilowatt over the next four years. She said once built, this facility would be free,
excluding any maintenance costs. Butts thought this could generate 20% of the city's power and
save money right away. She thought the city was paying 12 cents a kilowatt hour now. Butts stated
the WWEC expected to double by 2030, and the commodity index project natural gas prices to
increase 50% by 2012.
Kerry Martin, spoke in favor of the ordinance to rezone the property for the new
Library/Museum and would be free to answer any questions.
Dale Hoogland, explained his son Travis was an exchange student with Japan last year and
was invited back for a 6-month period. The City of Obihiro and the Resurrection Bay Lions Club
were willing to have a direct exchange and created a spot for him. Hoogland asked the City for a
letter of support for this exchange.
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City of Seward, Alaska
June 25. 2007
City Council Minutes
Volume 37. Page373
APPROVAL OF AGENDA AND CONSENT AGENDA
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Motion (ThomaslBardarson)
Approval of Agenda and Consent Agenda
Motion (ThomaslBardarson)
To add, "Approval of the restaurant
designation permit for Apollo Restaurant"
as a consent agenda item.
City Clerk Jean Lewis explained that the liquor license was already approved for the Apollo
Restaurant back in April of 2007, but the owners had just discovered they did not have this permit
filed which allowed them to employ persons under the age ofl9, and allow persons under 21 to eat
in their establishment. All city personnel had signed off on it.
Motion to Add Passed
Unanimous
Main Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
The June 11, 2007 regular city council meeting minutes were approved.
Ordinance 2007-003. An Ordinance Of The City Council Of The City Of Seward, Alaska, I
Amending The Land Use Plan And Rezoning Of Lots 1-9 Block 8, Original Townsite Of ...
Seward, From Auto Commercial (AC) To Central Business District (CBD).
Resolution 2007-061. Authorizing The City Manager To Enter Into A Mutual Aid Agreement
Between The City Of Seward And The Lowell Point Emergency Service Area For The Purpose
Of Firefighting And Rescue Operations.
The restaurant designation permit for Apollo Restaurant was added to the agenda and
approved.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
City Manager's Report. City Manager Phillip Oates stated staff had been collaborating
with the Chamber in preparation of the 4th of July celebration. He notified that their trip to
Washington D.C. was successful with meetings held with the Army Corps of Engineers, the Alaska
Governor's office, congressional delegations and the University of Alaska. Oates was told the State
would not provide written information about the cruise ship head tax until regulations were drafted
within the next couple of months. A public meeting was held on June 22, 2007 on the Long-Term
Care Facility, with the public's primary concern being access. Oates addressed questions from the I
last council meeting which included; GPS in electric trucks, fence and crosswalks in the harbor, sign ...,j
replacement on the state right of way, a letter being sent to MT AB asking ferry service be restored to
City of Seward, Alaska
June 25, 2007
City Council Minutes
Volume 37, Page374
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the city, transformer delay, and a credit card system for parking lots. Oates also stated a letter was
written to the State and Borough addressing the cost differential and supporting education in Seward.
Senior Citizens Center. All repairs were on schedule and should be completed in time for the
4th of July.
Electric. The electric department operated its generators on two evenings last week as a
result of interruptions of electrical transmissions caused by the recent fires on the Peninsula. Staff
was also discussing GCI fiber optic cable pole attachments.
Public Works. Timberline should complete its waterfall debris removal today. Their trucks
averaged 21 cubic yards of material per load. The ARR would credit the city $14,994 for the Lowell
Canyon gravel which would be applied to the lease payment.
Chamber of Commerce Report. Chamber President Ron Hewitt notified a 251 pound
halibut was leading the derby. In near future the Executive Director would be recommending a
resolution involving the property and the train car. Hewitt also informed the public a Dixieland band
would be performing Thursday, June 28, 2007 at noon in the small boat harbor.
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Seward Planning and Zoning Commission Report. Commission Chair Marianna Keil
stated the Commission had approved the library/museum rezone and the rezone on the Schafer
property in Forest Acres. The SMIC Development Master Plan was going forward and in the process
of being endorsed. The Commission supported a bench study to define property usage conducted on
the land across the bay. Keil stated the Pruitt canopy appeal was heard and the Commission found in
favor of the Administration, with findings offact and conclusions oflaw due by July 12, 2007. She
stressed ambiguities in the code and discrepancies with definitions needed to be cleaned up.
Other Reports, Announcements and Presentations
Police Chief Tom Clemons reported on the process for home deaths.
PUBLIC HEARINGS
Resolutions Requiring a Public Hearing
Resolution 2007-060. Authorizing The City Manager To Proceed With The Acquisition Of
Land (Griswold Property), Comprising Approximately 9.11 (+/-) Acres Of The Southwest
Corner Of The Unsubdivided Remainder OfU.S.S. 1864, As Reflected In The U.S.S.1864 KPB
Replat, Plat No. 2004-03, Inclusive Right-Of-Ways Of Approximately 1.11 (+/-) Acres
Extending South From The Intersection Of Oak Street And Hemlock Street And Such
Additional Right-Of-Ways To Provide Connecting Access To The 8 Acre Portion Of The
Property, And Appropriating Funds For The Future Long Term Care Site For A Purchase
Price Of $830,000.00.
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Oates held a public meeting last Friday to discuss reasons for the change in direction about
site selection for the Long-Term Care Facility. Most public concerns were of access. He explained
City of Seward, Alaska
June 25, 2007
City Council Minutes
Volume 37, Page375
the lengthy process for approval, the certificate of need taking 15 months, the bond process and two
complicating factors of expensive land surveys and stabilization on the original city-owned site. The
second site in north Forest Acres (Schafer property) was made problematic after the October 2006
flood. The levy was damaged and FEMA wanted it certified or elevated above flood level. This
FEMA assessment took 5 months. Meanwhile, Hurricane Katrina made it almost impossible to
certify levees and the purchase agreement with the Schafer's had expired. With these new
developments the city revisited the issue and had three courses of action. 1) certify the levy, 2)
elevate the site, or 3) consider a new site. Oates found the levy could be fixed but the federal
government would not certify it, elevating the site would require more money to re-design, thus the
city was back to considering a new site. Safety, suitability, cost and time were the four factors
looked at.
Oates stated other factors were investigated such as; co-location did not require the buildings
be on the same site which reduced the original footprint ofthe land, the city losing revenue because
ofthe age ofthe existing facility, bonding was not site specific, the risk of higher interest rates, and
time became linked to cost because of lost revenue.
Three additional sites were evaluated. The site selected was safest in terms of previous
flooding problems, the seismic condition of the soil was stable, it had the least slope and the closest
access to utilities, and the overall price was less.
Oates conferred the city had the authority to purchase a right-of-way for a city property that
had no access to it. He felt this right-of-way was important for utilities, would open up other areas
for development and informed the facility would need two access points. Oates related that this
property would not require an additional lift station be built for sewer. He requested the council
proceed with the purchase of the property and right-of-way now, and he would hold a work session at
a later date to consider all access options into the facility.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Brandon Anderson, read a prepared letter, even though some issues had been covered by the
city manager. He wanted council to consider this, as it would greatly alter the subdivision and the
access was a disaster. He stated 18 months of construction and staff traffic was a concern to the
people in the area. Anderson thought the process itselfwas flawed and suspicious, and asked this to
be postponed until homeowners could be better informed.
Peggy Ventura, was speechless and bought property in the area because of the residential
neighborhood. She never expected to have huge trucks driving on those streets. Ventura wanted the
routes carefully considered because of the icy roads. She thought a direct route on Sea Lion would
be best. She thought this was a good choice for the Long-Term Care Facility but not for the people
that lived in the area.
Marianna Keil, thought the purchase price was too high and might affect the price of raw
land and property taxes. She requested a detailed plan before it came before the Planning & Zoning
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City of Seward, Alaska
June 25,2007
City Council Minutes
Volume 37, PaKe376
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Commission again. Keil hoped Medicaid was still funding the facility and questioned fiscal
responsibility piling up.
Sandie Roach', thanked the public for appearing. Her concern was with the schools and
transportation. With bus budget cuts, she feared for children walking along the streets and paths in
Forest Acres and reminded council to please think of ingress, egress and safety.
Dale Hoogland, stated the way this site was selected behind closed doors was wrong. He
thought an RFP was a better way and that the Lechner property had not been thoroughly studied.
Hoogland did not feel there was enough discussion or public comment, and questioned if this was
actual or potential loss of revenue by sacrificing smart decisions. He wanted the facility built but not
there. He thought access was wrong and did not want to purchase the right-of-way.
Kathy Byars, read a letter by Sandy Wassilie. She opposed the access of the Long-Term
Care Facility because of safety and wanted to preserve the integrity of the school campus's. Safety
of students were her main concern. To allow through access would further compromise the cross
country running trails and school traffic. Byars echoed to not have traffic going through the school
campus.
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Kathy Kloster, strongly supported the purchase ofthis property stating it would work nicely
for the long term care facility. Kloster stated access issues came up with every site selection. She
appreciated the commitment by the council and administration to work out access issues and
supported the purchase.
Regina Paul, supported the nursing home as a neighbor. She understood there would be
initial access issues but would love to see it go through.
Lynn Hohl, wore many hats and was concerned with the cross country running trail and
vehicular access at the schools. She shared concern ofthe icy streets and informed that most streets
in Forest Acres were only 40 foot wide instead of 60 foot wide. She would rather not have roads
going through the school. Hohl stated middle school access was more a sidewalk instead of a road,
and thought there would have to be frontage once it was subdivided.
Motion (Thomas/Bardarson)
Approve Resolution 2007-060
Schafer also felt too much of the process was conducted in executive session. He thought
Sea Lion was not an option, but down Oak and Hemlock would cost more money to build. He
agreed there needed to be a work session on access. Schafer mentioned a substantial cut would have
to be made through the hills for the sewer line and thought this needed more work before decisions
could be made.
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Dunham agreed partially about access, but disagreed not to move with the purchase. He
noted the city was now two years behind schedule. He understood the residents concerns about
traffic and wanted views discussed and time spent on working out the access.
City of Seward, Alaska
June 25, 2007
City Council Minutes
Volume 37, PaKe378
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Discussion ensued on the Lowell Canyon Tunnel Hydro Project.
Oates agreed to make sure PACAB had all of the same information that was in the packet
and Tim Barnum would add actual kilowatt hour costs.
Council Member Thomas had a concern for bed loading going through the turbines.
INFORMATIONAL ITEMS AND REPORTS (No action required)
COUNCIL COMMENTS
Amberg stated the Senior Center was looking nice. She thanked the community for
attending the LTCF meeting on Friday and tonight's public hearing.
Bardarson also thanked the community for coming tonight and stressed funding for schools
were also important.
Schafer looked forward to the work session on access with the Borough and thought
substantial input would solve the problems.
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Valdatta commended the Chamber on the branding which was mentioned in the AML
Touchstone.
Dunham thought comments by Sandie Roach' on school bus budget cuts were disturbing.
He urged the public to push for school funding since educational opportunities for children were less
and less. He sadly mentioned Dodie Fillingim had passed away in Seattle and services would be July
3, 2007 at the Episcopal Church.
Mayor Shafer stated they met with a congressional staffer to explore grant money options on
alternate energy but there were too many big projects out there to compete with. She felt they had
great meetings, met with John Katz, and spoke of economic development projects and how education
funding was affecting our community.
CITIZENS' COMMENTS
Theresa Butts said P ACAB had been concentrating on giving good information to the city
council. A lot of issues brought up had already been looked at. She encouraged department heads to
attend their meetings. She stated those invitations had been politely declined in the past. Butts
agreed the more information they had the better and she emphasized the engineers portion ofthe bid
was less than $50,000. It was obvious to P ACAB it was a good deal on labor and Baker was not
charging for personal studies or his research. She stated the CHM2 study had been looked at, and
did not want to feel like they were wasting their time
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COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
City of Seward, Alaska
June 25, 2007
City Council Minutes
Volume 37, Page377
Amberg agreed with Dunham to proceed with purchase but public comments were needed for I
access. She felt employee and service traffic should not be much and thought by working with the ....
school district a lot could be accomplished to make it safer for students.
Bardarson concurred to proceed with the purchase but look carefully at the access. She
wanted to know if access through Phoenix had been looked into.
Oates stated all sites had access issues, but reiterated the risk oflosing the emergency room at
the hospital if the Long-Term Care Facility was not built. He summarized there were actual and
potential losses daily and that all executive sessions held were because of negotiations, not public
exclusion.
Mayor Shafer noted Wesley was situated in a residential area now and had no complaints
generated other than the helicopter. Traffic was minimal on any given day and each day was like
"going on a wing and a prayer" with current conditions at Wesley.
Motion Passed
Unanimous
Council takes a break at 9:05 p.m.
Council back in open session at 9:10 p.m.
EXECUTIVE SESSION
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Motion (Bardarson/ Amberg)
Go Into Executive Session To Discuss
Strategy For Negotiation Of A Settlement
Agreement.
Motion Passed
Unanimous
Went into executive session at 9:13 p.m.
Came out of executive session at 9:47 p.m.
Resolution 2007-062, Authorizing The City Manager To Enter Into A Settlement Agreement
To Resolve An Employment Dispute For A Total Of $50,000.00.
Oates stated since the city had a partner with the settlement, and a termination would resolve
with no more arbitration, he recommended approval.
Motion (Thomas/Dunham)
Approve Resolution 2007-062
Motion Passed
Unanimous
OTHER NEW BUSINESS
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A work session for the Library/Museum Project was not deemed urgent and scheduled on
September 24, 2007 at 6:30 p.m.
City of Seward, Alaska
June 25, 2007
City Council Minutes
Volume 37, Pa[:e379
Dunham discussed old Seward Light and Power records could possibly be used.
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Valdatta thought the waterfall output was inconsistent and thought Grant Lake should be
looked into.
ADJOURNMENT
The meeting was adjourned at 10:10 p.m.
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V anta Shafer
Mayor
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