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HomeMy WebLinkAbout09102007 City Council MinutesCity of Seward, Alaska City Council Minutes September 10, 2007 Volume 37 Pa~e411 CALL TO ORDER The September 10, 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 comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Nanci Richey, Administrative Assistant Rob Johnson, City Attorney ABSENT -None Linda Amberg Steve Schafer Robert Thomas CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Randy Stauffer, represented the Seward Bear Creek Area Flood Board (SBCAFB) and made comments on Resolution 2007-79, concerning section 1, item 4, which required property owners of non-navigable streams to remove stream bed loading and maintain the established base flood elevation (BFE). The Board felt this was a dangerous and flawed policy that had legal liability issues. Stauffer thought this would encourage individuals to go into area streams and do their own thing and wished council would reconsider this ownership idea. Christine Shepard, thanked the city for the site on Ballaine and the $5000 donation for the community built playground by PARKS. The designer had interviewed children at the elementary school and invited the public to the Design Day presentation. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Thomas/Amberg) Approval of Agenda and Consent Agenda The August 27, 2007 regular city council meeting minutes were pulled from the agenda by Councilmember Schafer. City of Seward, Alaska Ciry Council Minutes September 10 2007 Volume 37, Page412 Motion Passed Unanimous SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards -None Borough Assembly Report. Borough Assembly Representative Ron Long stated there were two initiatives on the ballot; term limits for the Assembly and School Board members. They also accepted $815,000 from the state for costs incurred during the 2006 flooding events. Long stated the September 4, 2007 meeting appropriated $1 million for roads and $500,000 for schools. He also noted the Borough needed the city's federal and state priority list. City Manager's Report. City Manager Phillip Oates started off by congratulating Police Sergeant Dorene Valadez for her work on a dead end murder case from 1982 that resulted in an arrest in Fairbanks recently. He advised of other personnel hirings and maternity leave replacements. - Long-Term Care Facilitv. Platting had been approved by the Seward Planning & Zoning Commission and was forwarded to the Borough Platting Commission for their October 8, 2007 agenda. Once approved, the property purchase could be finalized. This property was also rezoned from Single Family to Institutional zoning. - ISO Rating. The city had not kept up with documentation of service tests on equipment and r..r hydrants and had some deficiencies in the flow rate of some of the pump trucks. The city's rating was 4.9 and Oates did not think the current rating would improve. - Providence/Wesley Care Facilitv. Two letters were received requesting renewal and negotiation of the maintenance and operating agreement. Global Ministries was requesting a new short term lease at no cost to the city until the new Long-Term Care Facility was complete. Oates had attended a number of productive meetings with Alaska Housing Finance Corporation, Alaska Department of Public Safety, Alaska State Troopers, Anchorage Industrial and Export Authority and the Chief for law enforcement of the National Oceanic & Atmospheric Administration, seeking a waiver for rural communities, a new building to house different state agencies, and economic assistance for the SMIC breakwater and shiplift transfer facility. He had also met with Senator Gary Stevens and Representative Paul Seaton. Oates had established a Blue Ribbon Budget Task Force committee which would begin meeting on September 13, 2007. He also stated the Coal Task Force committee met with the Alaska Railroad to discuss coal dust problems and solutions. The Alaska Railroad briefed the task force on operational procedures to prevent the unloading of coal during adverse conditions. A letter from the Department of Environmental Conservation stated the environmental plans by the Railroad were not acceptable. Coal delivery trains were scheduled for October through December. City of Seward, Alaska City Council Minutes September 10, 2007 Volume 37, Page413 Thomas commended Oates for the letter to Global ministries and appreciated saving the city money. Mayor Shafer was concerned and did not want to be left with the removal of the old building when its usefulness was completed. Schafer suggested an open RFP for hospital management instead of sole-sourced with Providence. City Attorney's Report. City Attorney Rob Johnson was in Seward to report on the IBEW contract and resolution on the agenda. He stated the attorneys reviewed local laws, and provided input on small boat harbor, SMIC and land issues. Litigation of Ace Hardware was dismissed by the appellant. Summary judgment was filed on the Clean Water Act from Trustees for Alaska, with oral argument scheduled for November 20, 2007. Oral argument would be September 18, 2007 before the Supreme court on litigation of Washington Street. Johnson thought Federal Court would have a decision before the Supreme Court. Johnson also stated there was pending legislation on PERS/TRS funding that would have a direct impact for the state and city. He expected an active legislation on this issue Seward Port and Commerce Advisory Board Report. Ron Long noted their top issues was to look at the Seward Planning & Zoning revisions to the SMIC Development Plan, incorporate any changes, then pass along for council review. He was looking forward to the business and economic forum. PUBLIC HEARINGS Ordinances Non-code Ordinance 2007-005, Authorizing An Exception To SCC 3.65.020 To Permit Retroactive Application To July 1, 2007 Of Provisions In A Collective Bargaining Agreement As And If Approved By Separate Resolution Of The City Council. Oates stated this non-code ordinance would exempt IBEW and allow this agreement to be retroactive back to July 1, 2007. Precedence for this was not found in the city code but had been established that way. Oates recommended approval and terms of the agreement would be discussed in executive session later in this agenda. 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 (Dunham/Bardarson) Enact Non-code Ordinance 2007-005 Council member Thomas raised a point of order to discuss the ordinance only, and discuss the contract later on the agenda. City of Seward, Alaska City Council Minutes September 10 2007 Volume 37, Page414 Motion Passed Unanimous Ordinance 2007-006, Establishing Section 15.15.025, Historic Preservation, Seward Historic Plant & Tree Register. Oates stated the Historic Preservation Commission had numerous work sessions dating back to 2005 developing a program to designate trees and plants to a historic register. The intent was to raise public awareness of significant trees and plants and provide for preservation. The Historic Preservation Commission established the eligibility criteria. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Historic Preservation Commissioner Jolund Luther, urged support so plants and trees could be on a historic register like property. He stated this did not give a protected status for any plant or tree, and the intent of the Commission was to encourage awareness, not to limit what property owners could do on their own property. Historic Preservation Commissioner Greg Carpenter reiterated that time and effort went into this register. There was no intent from the Commission to make anything regulatory. The register was established to prevent unintentional removal and they wished it to be educational. This would acknowledge certain trees and plants and encourage the community to preserve them. Motion (Schafer/Amberg) Enact Ordinance 2007-006 Dunham remembered the flack over the cottonwood trees. He hoped this was not the beginning of a nightmare and wanted the 3rd whereas removed. Thomas thanked the commission for their hard work, and appreciated their thought and effort, but had voted against the original register. He did not want to establish a tree and plant register. Dunham questioned the listing of Caines Head to Kenai Lake because it encompassed more than the city of Seward. Thomas thought this was ammunition for things to come in the future, and would vote against it for that reason. Amendment (Amberg/Dunham) To change Section 1 (A) to put a period after trees(.) and remove the wording "worthy of preservation." Amendment Passed Unanimous City of Seward, Alaska City Council Minutes September 10, 2007 volume 37 Page41 S Main Motion Passed NEW BUSINESS Executive Session Motion (Schafer/Dunham) Amberg, Valdatta, Mayor Shafer No: Thomas Yes: Schafer, Dunham, Bardarson, Go into Executive Session Point of Order raised by Councilmember Thomas to have council add wording on the motion that met the legal requirement for an executive session. Motion (Schafer/Dunham) Go Into Executive Session To Discuss Matters Pertaining To A Three Year Contract With IBEW Which Is A Strategy For Negotiation Of A Labor Contract. Motion Passed Council went into executive session at 8:30 p.m. Council came out of executive session at 9:07 p.m. Resolutions Unanimous Resolution 2007-086, Authorizing The City Manager To Enter Into A Three Year Contract With The International Brother-Hood Of Electrical Workers (IBEW) Effective July 1, 2007 And Ending June 30, 2010. Motion (Thomas/Dunham) Motion Passed Approve Resolution 2007-086 Unanimous OTHER NEW BUSINESS The City Clerk was instructed to listen to the tape of the August 27, 2007 regular city council meeting minutes on a portion, and bring back at the next meeting. Update And Discuss Resolution 2007-079 Which Addressed Levee Repairs And Subdivision Agreements In The Vicinity Of Japanese Creek. Council member Schafer had a conflict and left the dais. Oates stated the city needed access to accomplish levee repairs along Japp Creek but had not City of Seward, Alaska City Council Minutes September 10, 2007 Volume 37, Page416 been given permission to cross the property owner's land as yet. Road and culvert removal had not occurred. The property owner stated they would keep the road and culvert in the creek and remove the "decking". Decking had been removed. Oates would confer with the state floodplain manager or qualified engineers as to whether this culvert and road needed to be removed. Oates referred to a laydown of Japp Creek October 2006 flood sediment management investigation report prepared by Northwest Hydraulic Consultants Inc. Oates stated the volume bed loading and debris deposited in Japp Creek was primarily in the section of the creek bed that was privately owned. 190,800 cubic yards was estimated deposited from the 2006 flooding event. This report concluded the levee could not safely contain a 100-year flood. Oates recommended: - Removal of bed loading deposited in the 200b flooding event. - Develop a concise and clear flood and sediment management plan based on scientific and engineered data. - Not enter into a subdivision agreement at this time. Without some process of a maintenance plan for bed loading, it was foolish to do so. Oates pointed to wall maps which indicated flood areas from past floods. He commented that the city should not assume responsibility for any infrastructure in areas experiencing past flooding, until procedures and standards minimized the chances of damage from future flood events. He added that purchasers needed to be aware of the risks involved from buying and building homes in these areas. He recommended the council stay the course and address these issues with the state, borough and flood board to protect infrastructure. Much discussion ensued on the permitting process for the North Forest Acres levee project. Environmental assessments were completed and being distributed to other agencies. Permits were 60% completed. With various timeframes, it would be about 6 months before the city was ready to proceed again on the North Forest Acres road and levee. Oates stated there were 10 parcels and two right-of--ways to secure. Estimated total costs were $2.7 million with construction and property acquisition, however, $1 million would be used for levee repairs now. Property acquisition for appraised value would begin taking place. Amberg wondered why the city would want to purchase that property and inherit a bigger bed loading problem, not to mention the cost involved. She felt this was the private property owners' responsibility, and concessions to a few things required of them could alleviate some of the city's liability. City Attorney Rob Johnson stated the city must meet the general standards of doing things right. If the city started going forward, the standards of negligence would apply. Decision making and actions could give rise to consequences down the line. COUNCIL COMMENTS City of Seward, Alaska City Council Minutes September 10, 2007 Volume 37, Page417 Amberg thanked John Bird for his hard work and would welcome him back. Condolencesto ~ out to the family of Terry Pollard. Bardarson offered condolences also and urged others to vote in the upcoming city election.. Dunham noted the passing of Terry Pollard and Ex-Mayor Lee McAnerney. He thanked John Bird for his work on behalf of the city, also. He thought DOT should fix a seepage problem at mile 3.5 because the last rain almost ruined the area and new bike path. He mentioned the Kenai Peninsula Borough had a 10% population drop and that he was impressed with the results of the canine patrol in Kenai. Amberg thought everyone should fly flags tomorrow for 9111. Mayor Shafer wanted a proclamation for student and teacher awards on the next agenda. CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None Couucil recessed for a break at 9:50 p.m. Council resumed at 9:57 p.m. EXECUTIVE SESSIONS Motion (Thomas/Bardarson) Go Into Executive Session To Discuss City Manager, City Clerk, and City Attorney Evaluations Motion Passed Unanimous Council went into executive session for the city manager evaluation at 9:58 p.m. Council came out of executive session at 10:10 p.m. Council went into executive session for the city attorney evaluation at 10:10 p.m. Council came out of executive session at 10:25 p.m. Council went into executive session for the city clerk evaluation at 10:26 p.m. Council came out of executive session at 10:30 p.m. ADJOURNMENT The meeting was adjourned at 10:31 p.m. City of Seward, Alaska __.w~r 10.200 ~ ~ i~gOt/S/a~-~'I 3e Lewis ~\ ~J~ ~, ~~,i~4,~,~~~o~+i Ci Clerk =, ~ ,•.....•, "~' (City Seal) ~ ~ ~, ,~ • „ '~ • i . y !j ii ~y~ ~ ~ ~ ~ 4. •• .. • • A ~,."~ a~ City CouncilP i e~ ~ E volume 37, C~a- ~~ V ants Shafer Mayor