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HomeMy WebLinkAbout02122007 City Council Minutes City of Seward, Alaska February 12, 2007 City Council Minutes Volume 37, Page 315 CALL TO ORDER ..... 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 .... 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: ..... 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 ~ 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). j j ,j .... 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. .... .... .... 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". ..J 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 ~ .J 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 .... 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 J 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. J COUNCIL COMMENTS City of Seward, Alaska February 12,2007 City Council Minutes Volume 37, Page 321 Amberg wished everyone a Happy Valentines Day. .... 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. '1, , J ,'--rfJ 1/1; \ 'A'~*/v0flX:j Jean Lewis 'J City dlerk ". (City Seal) ",UII""/~ '~'\~I OF S~JA!t,,t, ,-' r\' .e...... i1(,."., "'~ ~ I"~ "';"RPO~""-'l'<) ~ ~ v. (".v' '..... -:,,,,.' ~ ...,:-.:.~ '.~=\.. v ~ :: :...." - ~o'~ ~ III : ~,_. ._ .. ... "..~ r:~ 1\," T . t~.I : : u'~,::'!i"~ : 0 ~ ~ e $ ~ ~~, ~ ~- : It": ';'.!l f, ..'~'" r. ... 1:-..' ." {oil ~ fI.V_,~.<'...... <"'"' (,'.0 ~ ~ -:. ~r, ';.:.c:: 1, '\ ~.., oJ.,) -:- '... 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