HomeMy WebLinkAbout02122007 City Council Minutes
City of Seward, Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 315
CALL TO ORDER
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The February 12, 2007 regular meeting of the Seward City Council was called to order at
7:30 p.m. by Mayor Vanta Shafer.
OPENING CEREMONY
Acting Police Chief Butch Tiner led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Vanta Shafer presiding and
Linda Amberg
Bob Valdatta
Jean Bardarson
Steve Schafer
Robert Thomas
comprising a quorum of the Council; and
Marvin Yoder, Interim City Manager
Jean Lewis, City Clerk
Brad Meyen, City Attorney
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ABSENT - Willard Dunham
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING.
Kevin Clark, came to remind the council of a letter he had sent earlier, and requested a work
session, response or direction.
Fred Esposito, needed to unify the campus of A VTEC and have a greater amount of parking
for the facility. He hoped the letter he sent addressed three issues and clean-up the property
ownership issues of A VTEC. The three issues were; B street vacation, 1 sl Avenue vacation to create
parking lot improvements, and the split between Blk 6 and Blk 15 which ran between the two
buildings and was separated by two different property owners. He wanted these items to be given
consideration.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Thomas/Bardarson)
Approval of Agenda and Consent Agenda
Council member Valdatta requested the following pulled from the agenda:
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New beverage dispensary/tourism liquor license for The Hotel Edgewater, LLC dba The Yard
Arm was approved.
City of Seward, Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 316
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Non-objection to the transfer of ownership and location of liquor license from Doris Jean ....J
Corcoran dba The Wheelhouse to Frank Dahl, dba The Wheelhouse.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
The January 22, 2007 regular city council meeting minutes were approved.
Paul T. Schuldt was appointed to the Port and Commerce Advisory Board seat with a term to
expire 07/2009.
Resolution 2007-012. authorizing the city manager to pay dues owed to the Alaska Power
Association (Formerly Areca) for the year 2007 in the amount of $17,317.00.
Resolution 2007-016. authorizing the city manager to enter into a contract with Harmon
Construction for a total project amount not to exceed $248,000 to re-side the Seward Senior
and Community Center, and appropriating funds.
Resolution 2007-017. authorizing the city manager to enter into a lease agreement with
Frontier Business Systems for the purpose of replacing the large format copier at Building and
Engineering for an amount of $668.00 per month for a term of 3 years (36 months).
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Resolution 2007-018. authorizing a transfer of $51,904.89 to the Employee Compensated
Absences Fund to accumulate cash to pay accepted liabilities.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A certificate of appreciation was awarded to Randy Gillen for 19 years of service to the
city of Seward.
City Manager's Report. Interim City Manager Marvin Yoder stated he wanted a council
retreat on Saturday, March 3,2007, to get direction from the council on their vision for certain areas.
Items that could be discussed ranged from hiring in-house vs. contract attorneys, the visitor center
contract, RFQ's and contractual arrangements with engineers for long-term relationships, with re-
evaluation every 3 to 5 years, and non-taxable entities in the downtown area. He expected this to last
most of the day and tie in with the recent city survey and community values meeting results.
Yoder stated he had spoken with federal lobbyist Brad Gilman about language issues with the
Safe-Tea-Lu funding. DOT could not release the funds with the current language of "ferry J
inlrastructure" and stated there would not be a change to the highways bill for at least a year. Yoder "'
would be checking on releasing the funds to design a dock and ferry infrastructure across the bay at
the SMIC area.
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City of Seward, Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 317
Yoder stated the A VTEC lease was fairly close to being completed. He stated WGN was
going digital and it would cost the city $10,000 in upgrades to continue providing the channel. He
wanted direction from council if they wished to continue service. Yoder advised that stakeholders on
the Forest Acres levee project were beginning to meet, and that the community values workshops
went well, with over 52 members of the public attending.
Councilmember Thomas thought some of the city write-offs appeared to be current
businesses in town, and Councilmember Amberg expressed concerns of A VTEC plans impeding
public access to the Two Lakes Trail Park.
City Attorney Report. Brad Meyen reported on pending litigation matters, and stated the
Kenai Peninsula Borough Board of Adjustment would be meeting March 15, 2007, summary
judgment had been filed in court on the Clearview easement case, and the Clean Water Act litigation
was in the discovery exchange phase. Meyen researched the land deposited from the flood at the
waterfall area and answered that tidelands and uplands were owned by the city. He advised the
ownership of tidelands and submerged lands would remain the same. The deposit was on top so
servitude still applied. Meyen stated the issue was a change on the mean water line and who had
title of the creekbed itself. He would continue to research this.
Seward Port and Commerce Advisory Board report. Deborah Altermatt stated they had
been very busy this year. She had went to Seattle and spoke with TOTE, and attended the World
Trade Center lunch on the "State of the State". P ACAB member Theresa Butts went to Ketchikan
and attended the Alaska Tidal Energy Conference. Altermatt stated P ACAB had four meetings on
the SMIC Development Plan, and had finished the entire document. They would be working next
with P&Z on a few issues. The environmental impact and verbiage was changed to be more specific
about state, federal and borough compliances, and P ACAB would be looking into a second proposal
for Lowell creek hydro from Andy Baker. Altermatt stated P ACAB would be researching upcoming
issues with events, permits, insurances, and would work closely with the marketing board on
economic issues. She said a resolution should be forwarded to council soon regarding the cargo tax,
and hoped the city would send a delegate to the Alternate Energy Conference in Fairbanks.
Other Reports, Announcements and Presentations
A powerpoint presentation was given by Theresa Butts on the Alaska Tidal Energy
Conference. Butts explained there was much power that was generated by the ocean and the
renewable energy market would quadruple by 2015. She stated although there was much support for
tidal and renewable energy in development plans, this form of energy did have some regulatory
obstacles.
PUBLIC HEARINGS
Resolution Requiring a Public Hearing
Resolution 2007-013. recommending Kenai Peninsula Borough approval of subdivision of A TS
No. 174, within the NW Y.. of section 3, township 1 south, range 1 west, Seward Meridian,
City of Seward. Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 318
Marina Subdivision, Seward Resort addition, to create A "tract A".
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Notice ofthe 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.
Harbormaster Scott Ransom stated the property was in the harbor, by the NE ramp, and
this resolution was necessary for the Army Rec Camp to establish the ability to construct a new
structure. The city obtained the property from the Corps in 2001. Ransom felt this could correct the
problems, so the Army Rec Camp would get a full fledged lease.
City Planner Scott Williams, stated P&Z had passed this resolution, but the developer
would have to make a determination where it sat on the floodplain. He was not sure what would be
required by the proposed development as yet.
Motion (Thomas/Amberg)
Approve Resolution 2007-013
In response to questions, Scott Williams stated the building was already hooked up to water,
but would need a larger pipe because the connection would not be suitable. He said a subdivision
agreement or provisions in the lease would be drawn up to fit their development scenario. The Army
would pay for any improvements, but it would depend on their development.
Motion Passed
Unanimous
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UNFINISHED BUSINESS - None
NEW BUSINESS
Resolutions
Resolution 2007-010. approving a contract for external audit services for the years 2006, 2007
and 2008.
Yoder presented this contract with two names and ratings to choose from, but recommended
going with the same firm of Mikunda, Cottrell & Co.
Motion (Thomas/Bardarson)
Approve Resolution 2007-010
Amberg did not believe they should be given local preference.
Schafer agreed this didn't constitute a local business and he wanted new blood.
In response to questions, Finance Director Kris Erchinger stated that code allowed for local
preference, but the ratings did not account for that. She said Mikunda did have an office in Seward. ~
Amendment (Schafer/Amberg)
Add the name" Altman, Rogers & Co". in
Section 1.
City of Seward, Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 319
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Motion to Amend Failed
Yes: Schafer, Amberg
No: Bardarson, Thomas, Valdatta, Mayor
Shafer
Amendment (Bardarson/Thomas)
Add the name "Mikunda, Cottrell & Co."
in Section 1
Motion to Amend Passed
Yes: Thomas, Valdatta, Bardarson, Mayor
Shafer
No: Amberg, Schafer
Main Motion Passed
Yes: Thomas, Valdatta, Bardarson, Mayor
Shafer
No: Amberg, Schafer
Resolution 2007-014. authorizing approval of Department of Army Memorandum for record
and accepting disposal area 2 relating to contract W911 KB-04-C-0004, harbor improvements
Seward, Alaska.
Harbormaster Ransom stated this land was to be transferred from the Corps to the City. As-
built surveys were complete and a map was displayed. He clarified this contract in no way implied
..... the city accepted the breakwater.
Motion (Thomas/Amberg)
Approve Resolution 2007-014
Motion Passed
Unanimous
EXECUTIVE SESSION
Motion (Schafer/Thomas)
Go into executive session to discuss
settlement agreement terms of contract
with MEA and City of Seward.
Motion Passed
Unanimous
Went into executive session at 8:34 p.m.
Came out of executive session at 8:45 p.m.
OTHER NEW BUSINESS
Resolution 2007-015. authorizing the city manager to enter into a settlement amendment with
.... MEA in the CEA Capital Credits Complaint.
Motion (Schafer/Bardarson)
Approve Resolution 2007-015
City of Seward , Alaska
February 12, 2007
City Council Minutes
Volume 37, Page 320
Motion Passed
Yes: Bardarson, Schafer, Amberg,
Valdatta, Mayor Shafer
No: Thomas
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The new beverage dispensary/tourism liquor license for The Hotel Edgewater, LLC dba The
Yard Arm was approved.
Valdatta pulled these from the consent agenda because he thought it was unfair, with all the
complaints of the noise ordinance in years past with this applicant and the New Seward Hotel. He
thought the whole block should stay dry.
Motion (Schafer/Amberg)
Approve the new beverage
dispensary/tourism liquor license for the
Hotel Edgewater, LLC dba the Yard Arm.
Motion Passed
Yes: Bardarson, Schafer, Thomas,
Amberg, Mayor Shafer
No: Valdatta
Non-objection to the transfer of ownership and location of liquor license from Doris Jean
Corcoran dba The Wheelhouse to Frank Dahl, dba The Wheelhouse. J
Motion (Thomas/Bardarson)
Non-object to the transfer of ownership
and location change of liquor license from
Doris Jean Corcoran dba the Wheelhouse
to Frank Dahl, dba the Wheelhouse.
Motion Passed
Unanimous
An onsite tour of the Boys and Girls Club was scheduled for Tuesday, March 6 at 5:00 pm at
the elementary school.
Discussion of comparisons of in-house attorneys versus contracted attorneys.
All decided to have the administration research and address at the March 3, 2007 council
retreat.
INFORMATIONAL ITEMS AND REPORTS (No action required)
A VTEC distance training center plans and information.
2006 city write-offs for utilities, harbor and miscellaneous accounts receivable.
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COUNCIL COMMENTS
City of Seward, Alaska
February 12,2007
City Council Minutes
Volume 37, Page 321
Amberg wished everyone a Happy Valentines Day.
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Bardarson liked the community values meetings and was happy the senior citizens' building
was finally getting their siding.
Schafer stated he had two friends that have cancer. He warned that so much of what we do
to ourselves was self inflicted, but he wanted to preach taking better care of our bodies. He urged
people to quit smoking.
Thomas thanked Yoder for the community survey results, and thought they were interesting
and informative. He also thanked the public works department for keeping ice grated and holes in
the streets patched.
Valdatta thanked the people who put the community values meeting together. He was not
happy with the bad debts that were not being paid.
Mayor Shafer wanted community timelines developed for some of the important projects
and resources spent, and hoped community development would incorporate any changes. She
wished city attorney Brad Meyen a happy 50th birthday.
CITIZENS' COMMENTS
..... Kevin Clark thanked the employees for organizing the Community Values meeting. He
wanted to have the council look at his proposal.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS _ None
ADJOURNMENT
The meeting was adjourned at 9:03 p.m.
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Jean Lewis 'J
City dlerk ".
(City Seal)
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Vanta Shafer
Mayor
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