HomeMy WebLinkAbout04232007 City Council Minutes
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City of Seward, Alaska
April 23, 2007
City Council Minutes
Volume 37, Page 348
CALL TO ORDER
The April 23,2007 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
Robert Thomas
comprising a quorum of the Council; and
Marvin Yoder, Interim City Manager
Jean Lewis, City Clerk
Johanna Dollerhide, Assistant City Clerk
ABSENT - Steve Schafer, excused
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Allen Drake, from the Department of Transportation, gave a brief update on the Mile 0-8
project. Drake announced DOT was back to finish the project. Electrical work should be completed
within the next three weeks, signage was going up, striping was planned for the following week, and
paving the final layer of the road was scheduled to start on May 7, 2007. Drake hoped to get
everything done by the first week of June.
Kerry Martin, spoke on the negotiation of the conveyance of Block 6 that was before the
council tonight. Martin felt this piece of property was valuable and wanted to see that negotiations
included something in return for the city. Martin pointed out the city had still not received all ofthe
municipal entitlement under the Statehood Act. He thought land on the comer of B Street and 5th
A venue, across from the state shop, the property recently acquired by the state for the bike path, and
a place for the boosters to put their school sign back up in the Clearview Subdivision, were all places
Martin hoped the city would consider during this conveyance negotiation.
Christy Terry, announced that after over 30 years of Little League, the league may be empty
of members this year. The association needed volunteers. Anyone interested could contact Terry
and she thanked all the past volunteers who helped make Little League successful thus far.
City of Seward, Alaska
April 23. 2007
City Council Minlltes
Volume 37, PaKe 349
APPROVAL OF AGENDA AND CONSENT AGENDA
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Motion (Thomas/Bardarson)
Approval of Agenda and Consent Agenda
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
The April 9, 2007 regular city council meeting minutes were approved.
Non-Objection for the liquor license renewal for the following businesses: American Legion
Post #5, Apollo Restaurant, Christo's Palace, The Crab Pot Restaurant, Oaken Keg #2728,
Ray's Waterfront & Grill, Tony's Bar and Tony's Liquor Store.
Resolution 2007-039. supporting the Qutekcak Native Tribe Federal Recognition Efforts.
Resolution 2007-040. authorizing change order #6 to the contract with Wm. J. Nelson and
Associates for Engineering and Consulting Services on the Japanese Creek Levee, and
appropriating funds.
Resolution 2007-042. amending Resolution 97-003 to provide for a waiver of land management, 11
sign and platting fees for City of Seward Departments. U
Resolution 2007-043. opposing HB 193 which seeks to change the composition of the Alaska
Police Standards Council.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A proclamation was awarded to Melissa Witzler-Stone for her appointment as
Behavioral Health Director for the State of Alaska.
A proclamation was read for Historic Preservation Month.
A proclamation was awarded to Brian Hutchison, Spring Creek Correctional Center
Employee of the Year.
A proclamation was read for the Library's "The Big Read."
A proclamation was presented for Super Saturday Clean Up Day Saturday, May 5,
2007.
A proclamation was read for Terry's Tires Bike Rodeo Day Saturday, May 12, 2007.
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City a/Seward, Alaska
April 23, 2007
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City Council Minutes
Volume 37. Pa~e 350
A proclamation was read welcoming participants of the State of Alaska's American
Legion Convention.
City Manager's Report. Interim City Manager Marvin Yoder statcd the A VTEC lease at
SMIC had been revised again, and hc hoped the approval would come to council in May.
Passen!!er Fees - Yoder didn't think the bill had moved since this issue was last brought to
council. He received a phone call today that Princess would be coming into Seward next year.
Senior Center - Siding on the Senior Center continued. Yoder was apologetic the elevator
had to be shut down, but it was simply not safe enough to continue operation. Staffwas trying to
accommodate people to get them up and down the floors. New information would be coming to the
council soon for repair costs and plans.
Lobbvin!! in DC - Federal lobbyist Brad Gilman submitted a formal request for funding on
the multi-agency facility, downtown roads, levee protection, and harbor floats.
Coal Dust Task Force - A meeting occurred last week on the railroad coal dust issue, and
Yoder said the Alaska Railroad was working with the community to help solve the problcm.
New City Mana!!er - Phillip Oates was scheduled to arrive May 1,2007 as the new city
manager. He would be mecting with staff during the day and later in the evening with the Kenai
Peninsula Borough Assembly for dinner. The next day was full of meetings including a community
reception for Oates that evening on May 2, 2007 at the Alaska SeaLife Center.
In other areas, Yoder announced that Parks and Recreation received a $2,000 check for the
youth litter control program, ALP AR. The Finance Department and the City of Seward received a
Certificate of Achievement for finance reporting. Yoder handed out a memo about event insurance.
The city's insurance requirements, in certain circumstances, were very difficult to reach and the city
would be helping out with their insurance company, AMUJIA.
In response to council members, Yoder thought the entire elevator shaft would have to be
taken out, as it was discovered during the re-siding project that the framing was rotten. It would be a
major job to get it up and running again. Dunham hoped this issue would be expedited quickly.
Chamber of Commerce Report. Director Laura Cloward updated council on recent
marketing statistics and activities the Chamber was doing in conjunction with the city's marketing
contract. There had been an increase in destination guides given out. A TV producer would be
coming in May to film in Seward. The Seward All-America Highway Road Partnership was back up
and running. Cloward was elected as treasurer and press releases were set to come out in May.
Seward Planning and Zoning Commission Report. Margaret Anderson stated the
Commission had a special meeting on March 20th where they granted a Conditional Use Permit
(CUP) for Iris Darling for a recreational vehicle camp on Nash Road. An additional condition was
added by the commission for bird nesting sites to be cleared in the area. A CUP was granted to the
school district for the use of conn ex containers on school property. Resolution 2007-01 modified a
City of Seward. Alaska
April 23. 2007
City Council Minutes
Volume 37, PaRe 351
CUP issue with Providence during the AprilS, 2007 meeting to allow for removable fencing. A
CUP was granted to Tom and Lori Swann to develop an 11 room hotel on their downtown property,
The Commission approved Resolution 2007-06, which recommended the vacation ofB Street as
well as Resolution 2007-07, which recommended A VTEC property be conveyed to the state.
Anderson stated this issue had been pending for many years. She suggested the city look at some
kind of exchange of property. The Commission said goodbye to Interim Planner Scott Williams,
who recently resigned. Executive Liaison Christy Terry would be sorely missed and wished her luck
in her new position with the Engineering Department.
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Mayor's Report on trip to Juneau. Mayor Shafer stated she, Vice Mayor Dunham and
Yoder traveled to Juneau last week and met with various Representatives and Senators. They
lobbied mainly for funding for the levee. Mayor Shafer didn't know if it was going to be in the
Governor's budget, but hoped it would be. They met with the Department of Corrections and
Department of Labor, and stated the new DOL commissioner was a very strong advocate of A VTEC.
The Seward team met with representatives of the Federal Department of Transportation in efforts to
get the booster club sign figured out and back up for the public to see. DOT noted they would
research this and get back to Seward. House Bill 222, the passenger cruise fee bill, was a well
touched on topic that Shafer, Dunham, and Yoder talked with many representatives about. The way
the bill was written, required the city to ask the state for appropriations on the projects Seward
wanted to do. To avoid this, Seward asked for a certain amount of money to go directly to the
community, instead of into the state's general fund.
Other Reports, Announcements and Presentations - None
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PUBLIC HEARINGS
Resolution Requiring a Public Hearing
Resolution 2007-032. confirming the special assessment roll of the Afognak Acres Electrical
Improvement District and providing for the levy, payment terms, and penalties of the Special
Assessment District. Notice of the public hearing being posted and published as required by law
was noted and the public hearing was opened.
Yoder stated the costs were calculated, and the assessment on the lots would be paid by the
property owners.
Citizen and property owner Paula Gibbs spoke from the audience. Gibbs was concerned the
notice she received didn't give any indication as to when she was supposed to pay this assessment.
Motion (Dunham/Amberg)
Approve Resolution 2007-032
Thomas was concerned for voting on this because this was the second person who was told U
their lots already had electric on them.
Finance Director Kris Erchinger stated public notice did go out to property owners in
2005, informing the proposal to have an assessment district formed. Council authorized $111,973
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April 23. 2007
City Council Minutes
Volume 37. PaKe 352
for the estimated cost of the improvements, and the next step was to inform the property owners
(who may have increased) that the final costs were calculated and the assessment was going forward.
The property owner who sold the lots should have told the purchasers about this assessment and the
estimated cost at the time of the sale.
Motion Passed
Unanimous
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolutions
Resolution 2007-037. authorizing the negotiation for the conveyance of Block 6 also described
as: TIS, Rl W, Section 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal
Addition (School Reserve) Block 6 to the State of Alaska Department of Labor Alaska
Vocational Technical Center (A VTEC) for education facilities.
Yoder stated this project was a long time coming. It had recently gone through the planning
commission and A VTEC had been using the land belonging to the city. A VTEC was now asking the
city to transfer the land to them.
Motion (Thomas/Amberg)
Approve Resolution 2007-037
Council conveyed their wish to negotiate this conveyance and expressed their wishes to go
forward in discussing a land swap. Parking and First Lake access was an important issue and
concern to the council. Yoder assured the council parking and access was a large part of the
negotiations up to this point.
Motion Passed
Unanimous
Resolution 2007-038. recommending Kenai Peninsula Borough approval of the Vacation of
"B" Street between First Avenue and Second Avenue.
Motion (Thomas/Bardarson)
Approve Resolution 2007-038
Motion Passed
Unanimous
Resolution 2007-041. authorizing the city manager to pursue environmental permits for the
"2007 Red Line" alignment for the North Forest Acres Levee/Road Project, and to pursue
property acquisition.
Yoder directed council to the levee alignment comparisons before them. The "Red Line"
version was the most acceptable to agencies. It was requested by the agencies that some lots be
purchased to be turned into a conservation easement. An appraisal had been requested of Mac Swain
City of Seward. Alaska
April 23. 2007
& Associates to detennine the value of the lots. A request was made by some property owners that U
the levee be paved right away so there wasn't as much dust.
City Council Minutes
Volume 37. Page 353
Motion (DunhamlValdatta)
Approve Resolution 2007-041
In response to Val datta, Erchinger stated the city hoped to limit the use of the road to
commercial use and to the dump. Even though that decision had not been fonnally made by council,
staff was operating under that presumption.
Yoder noted this action still needed to be pennitted, the application still needed to be filed
and then staff could begin moving forward with the realignment of the levee.
Motion Passed
Unanimous
Resolution 2007-044. approving a contract with Colaska Incorporated, dba Quality Asphalt
Paving, utilizing thc State of Alaska competitive bid process, for paving various sections of city
streets, and appropriating funds in an amount not to exceed $936,500.
Yoder said the big issue was the city initially agreed to pay for most ofthe paving of Fourth
Avenue. This resolution expanded that decision a bit to pave more of Fourth Avenue and some side
streets. It was felt that the pavement on Dimond Boulevard was in such bad shape that it should be LJ
repaired as well. The resolution was broken up so council could subtract a portion of the total cost if
they so wished. There were funds available for this, but it would take quite a bit ofthe cash reserves
from the capitol improvement projects fund.
A question was brought up on the $2 million dollar eannark for road paving. Mayor Shafer
would rather use grant funds on this than take the money out of city accounts, if possible.
Motion (Thomas/Amberg)
Approve Resolution 2007-044
Bardarson wanted to know the time line on this project, especially when Third Avenue was
being finished. She was concerned about the downtown area being tom up, especially after the road
closures last year and how the businesses were affected.
Public Works Director WC Casey stated QAP had indicated they would be done with the
Fourth Avenue project by Memorial Day weekend. The grinding and paving project before them
was a two to three day project, so QAP would be moving very quickly. Generally, asphalt pavement
had a life expectancy of 8-12 years.
Valdatta was concerned by the area by the ball fields. Casey noted there was a small
contingency to pave additional areas included in this resolution, but the areas Valdatta was
addressing had drainage problems that would have to be a different project. Regarding the $2 U
million in funding, Casey remarked it would take months to spend those federal funds. There was a
lot of required preparation and protocol that needed to be followed to fully receive the funding.
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April 23. 2007
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In response to Bardarson, Casey thought the city could ask them to pave the downtown area
first, so both Third and Fourth Avenue wouldn't be paved at the same time.
Motion Passed
Unanimous
OTHER NEW BUSINESS
INFORMATIONAL ITEMS AND REPORTS (No action required)
September 30, 2006 financial report for SAAMS.
Thank you letter addressed to the city of Seward by the Alaska Community Foundation for our
donation to the Alaska Meth Education Project Fund.
Hospital financial reports from December of 2006 through March of 2007.
COUNCIL COMMENTS
Amberg, congratulated Melissa Stone on her new adventure and thanked her for the services
she provided to the community. She would be missed. Amberg welcomed the 88th State American
Legion Convention to Seward. Shc thanked the people involved in making this convention possible.
Bardarson, spoke on the possibility of fixing the boardwalk with an old floating dock from
the harbor and hoped someone would look into the idea.
Dunham, stated HB 222 would be held until next year, according to the committee. That bill
would allow Seward to get their money up front should a head tax be implemented. He thought
Seward should put their own head tax in place before this bill got implemented on the state level.
The feds were supposed to call Dunham back about the student school sign. Dunham attended a
World Trade Center Alaska event last week where Mat-Su Borough Manager John Duffy was the
speaker. They were doing a lot of things he wished Seward and the Kenai Peninsula Borough would
do. Roads needed to be incorporated into the borough's system. Dunham stated he wanted staff to
look into the electrical service charge.
Bardarson, thanked Yoder for his services done at the city.
Mayor Shafer, was happy Council passed the support resolution for Qutekcak, and hoped
Seward could talk to our federal representatives and senators to achieve federal recognition. She was
pleased to hear the Princess Cruise Ships were coming back to Seward.
CITIZENS' COMMENTS
Margaret Anderson, commented on the Fourth Avenue paving and wanted council to
authorize money for extra fill and proper drainage. The pavement on Fourth Avenue had really
lasted a long time given the conditions of Seward. Anderson wanted council to consider the idea of
City of Seward, Alaska
April 23, 2007
City Council Minutes
Volume 37, Pa/<e 355
annexation and thought the city should look into the land on 5th A venue and B Street across from the U
state storage shop for a possible land swap for the conveyance ofB Street to A VTEC.
Kevin Clark, spoke on the electric rates Dunham had previously commented on. Clark felt
commercial and residential should be charged the same.
Brad Snowden, was pleased to hear Princess was coming to Seward and reiterated his prior
dock proposal at the end of Adams Street. He agreed with Dunham on looking at the land by the
waterfall and thought the city should move the bridge in an event of another flood. He believed the
land deposited belonged to the City of Seward.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Valdatta, remembered businesses being loaded with tar during some past paving projects,
and didn't wish for that to happen this year.
Dunham, noted Penny Hardy passed away last Saturday. Hardy and her family were some of
the first people to homestead at Lowell Point. He requested the city send a card to the family.
Amberg, wished her husband a happy one year anniversary.
Yoder, thanked council and staff for being great to work with, as this was his last meeting. U
Yoder wished everyone luck and thanked them for this opportunity.
EXECUTIVE SESSION
Motion (ValdattalDunham)
Go into Executive Session to discuss
information about the Forest Acres Levee
that may have a negative impact on the
finances of the city.
Motion Passed
Unanimous
Council went into Executive Session at 9:30 p.m.
Council came out of Executive Session at 10: 17 p.m.
ADJOURNMENT
The meeting was adjourned at 10: 17 p.m.
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