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Home My WebLink About01262009 City Council PacketSeward City Council Agenda Packet January 26, 2009 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA lPlease silence all cellular phones and pagers during the meeting} Note NEW time! January 26, 2009 7:00 p.m. Council Chambers 1. CALL TO ORDER Clark Corbridge Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2009 3. ROLL CALL Willard E. Dunham Vice Mayor 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT Term Expires 2010 THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to Robert Valdatta spear Time is limited to 2 minutes per speaker and 30 minutes total Council Member time for this agenda item.] Term Expires 2009 5. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Tom Smith [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agenda items are not considered separately Term Expires 2009 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Betsy Kellar Council Member 7. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2009 A. Proclamations and Awards Jean Bardarson B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2010 D. Other Reports, Announcements and presentations. Marianna Keil 1. AMLIJIA Presentation By Kevin Smith On Event Insurance. Council Member Term Expires 2010 2. Kenai Peninsula Fish Habitat Partnership Presentation Given By Robert Ruffner And Matt Gray. Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda January 26, 2009 Page 1 8. PUBLIC HEARINGS A Ordinances for Public Hearing and Enactment 1. Non -Code Ordinance 2009-001 Temporarily Increasing The Stipend For The Vice Mayor And Setting The Effective Dates. B. Resolutions Requiring a Public Hearing 1. Resolution 2009-006, Authorizing The City Manager To Enter Into An Amendment To The Amended And Restated Agreement For Lease Of Tract 2A, Waterfront Tracts, And Adjacent Tidelands, And The Lease, Operation And Maintenance Of The Alaska Sealife Center With The Seward Association For The Advancement Of Marine Science dba Alaska Sealife Center. 9. NEW BUSINESS A. Other New Business Items * 1. Approval Of The January 12, 2009 Regular City Council Meeting Minutes. *2. No objection for the renewal of liquor licenses for: Yukon Bar, Ray's Waterfront Bar and Grill, the Ivory Cove, and Christo's Palace. *3. Appoint applicant Tena Morgan as Commissioner for the Seward Planning & Zoning Commission with a term to expire February 2010. *4. Council Approves PACAB Delivering Periodic Reports On A Quarterly Basis. 5. Discuss the November City Financials, 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda January 26, 2009 page 2 Sponsored by: Keil Co -Sponsored by: Corbridge Introduction: January 12, 2009 Public Hearing: January 26, 2009 Enactment: 10 days after January 26, 2009 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2009-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY INCREASING THE STIPEND FOR THE VICE MAYOR AND SETTING THE EFFECTIVE DATES WHEREAS, among other duties, the Mayor is expected to fulfill the role of ceremonial head and chief officer of the City by appearing at local functions, welcoming visiting dignitaries and guests; and WHEREAS, the Mayor is also expected to occasionally travel on behalf of the City in order to represent the City at various membership organizations and meetings; and WHEREAS, as the highest ranking elected official, the Mayor typically joins the Manager and the City's lobbyists in presenting and lobbying for the City's legislative and capital priorities to State and Federal legislators: and WHEREAS, the Vice Mayor is to assume the duties of the Mayor in the Mayor's absence; and WHEREAS, recently the Vice Mayor has been increasingly called upon to assume those duties when the Mayor has been absent due to current medical and availability issues; and WHEREAS, a modest increase in the stipend is in order as a way to recognize occasions where the Vice Mayor will represent the City in lieu of the Mayor, including lobbying for the City in Juneau and Washington, D.C., representing the City at the Alaska Municipal League Conference of Mayors, and at numerous local functions; and WHEREAS, Seward City Code 2.15.050 (B) (2), which establishes salary effective dates for elected officers, does not apply to this change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council wishes to temporarily increase the stipend for the Vice - Mayor from $200 to $300 per month. Section 2. The established effective dates for this increase shall run retroactively from January 1, 2009 through October 31, 2009. 0 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2009-001 Section 3. The amount not to exceed $1000 is hereby appropriated from the city council contingency fund no. 101-1110-5690, and put into the city council personnel services salaries fund no. 101-1110-5010. Section 4. This resolution shall become effective 10 days after enactment and be retroactive to January 1, 2009. ENACTED by the City Council of the city of Seward, Alaska, this 26`h day of January 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 0 Council Agenda Statement Meeting Date: January 12, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk( Thru Agenda Item: Increase of Vice -Mayor Dunham's stipend for duties performed for Mayor Corbridge BACKGROUND & JUSTIFICATION: A resolution was drafted and sponsored by Council Member Marianna Keil, to increase the Vice - Mayor's stipend, in order to fairly compensate the Vice -Mayor for additional mayoral responsibilities he may perform during the upcoming year due to current medical and other issues impacting the mayor's availability. Mayor Corbridge supported the request and is listed as a co-sponsor. Further research into the city code showed this request needed to be presented as an ordinance. Section 2.5 of the City of Seward Charter is the authority that states all compensation for elective officers shall be established by the council. Seward City Code 2.15.050 establishes an effective date when changes should become effective. The original intent of SCC 2.15.050(b)(2), which was to prevent current councils from raising their own salaries durin their term, therefore, does not apply for this change. Since this is an ordinance, it is up for introduction tonight, with public hearing and adoption set for January26, 2009. This item cannot be put on the consent agenda because Vice -Mayor Dunham will have to declare a conflict and refrain from voting. INTENT: To provide equitable compensation for Mayor duties that the Vice -Mayor is offering to perform in potential absences of the Mayor for medical and other availability reasons during 2009. CONSISTENCY CHECKLIST: Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The funds amounting to S 1,000 for this request would come from the city council contingency fund no. 101-1110-5690 and put into the city council personnel services salaries fund no. 101-1110-5010. Approved by Finance Department: RECOMMENDATION: Introduce Ordinance 2009-001, by affirmative vote on January 12, 2009, and approve on January 26, 2009 with an effective date retroactive to January 1, 2009. 91 City of Seward, Alaska City Council Minutes January 12, 2009 Volume 38, PaRe and Lori Swann for development of their 11 room hotel, and the Commission recommended council and borough approval of the AVTEC Replat. Community Development Director Christy Terry attended an organizational meeting of the Kenai Peninsula Borough wide conference and Contract Administrator Bob Hicks attended FEMA training and brought information back for City and Flood Board staff. This department was also working with AVTEC on their cafeteria and Culinary Arts expansion project. • Electric. The remaining staff was working hard to fulfill the responsibilities of the department without their Department Head. Applications were being reviewed. The police department was also reviewing applications for the DMV/administration assistant position. • Other Departments. Public Works was working on preventive maintenance issues and noted the snow blower parts were being built and should arrive this month. The Wastewater crew had been responding to freezing water pipe requests, year end permit reporting, EPA and ADEC issues, and repairs of the SMIC lagoon. MIS was working on the wiring for the PBX infrastructure in preparation for installation of the telephone system by TelAlaska. The Harbor staff had completed processing of the 2009 moorage agreements for slip -holders and stated approximately 50 slips would be issued to the 315 individuals on the waitlist. Platting of a section of land in the NE harbor was being facilitated for platting for potential relocation of the USCG building, and the annual Polar Bear Jump Festivities would occur on Saturday, January 17, 2009. Oates contacted the USPO and asked fora mural to be placed on their building. City Attorney's Report. City Attorney Cheryl Brooking stated her report ran through December 20, 2008. The attorneys had provided advice and worked on proposed contracts, resolutions and ordinances and worked on administrative and employment issues. The North Forest Acres levee road project and SAAMS lease were other items worked on. The firm represented the city on the arbitration with Seward Ships Drydock, and other briefings had been completed for the 9" circuit and were just waiting on the court. Prison bonds were still in the works and the city was now waiting on paperwork and decisions from the state. Port and Commerce Advisory Board Annual Report by Ron Long. Some issues that did not come to the city council were: forming a Harbor commission, LNG deliveries to Seward, a barge line, multi level parking garage for the harbor area, coal dust issue, SMIC upland boat policy, whether to downsize, permit, privatize, etc. He appreciated the level of support the board received from the Administration in the past year. The Board was working with the Chamber on economic development and growth issues. Council took a five minute recess. PUBLIC HEARINGS Resolutions Requiring A Public Hearing Resolution 2009-001, Authorizing The City Manager To Complete A Land Trade With The 15 City Council Minutes City of Seward, Aiaskca Volume 38, PaRe Innuary 12, 2009 Resolution 2009-004 Supporting The Application For Special Designation As A Preserve America Community For Seward. Resolution 2009-005� Authorizing The City Manager To Apply For The Municipal Harbor Facility Grant, Utilizing $1.5 Million In Existing Project And Grant Funds, As The Required Match. The December 8, 2008 regular city council meeting minutes and the December 8 and 9, 2008 city council special meeting minutes were approved. Per SCC 2.30.330, council approved retaining the Port and Commerce Advisory Board in existence through January 2010. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A Powerpoint Presentation Was Given By Bill Popp, President And CEO Of Anchorage, Economic Development Corp (AEDC) On A New Online Interactive Mapping Program And Partnership. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly had to postpone the AVTEC parcel strictly to meet the notice requirements and would hear this on January 20, 2009. An ordinance to change the requirements for special assessment for roads so new construction roads could qualify for assessment districts, but not be qualified for matching funds, was introduced. This failed because more questions needed to be asked of the road employees. He thought the Assembly would bring this back at another date. Long stated there was lively discussion on utility special assessment district to extend an Enstar gas line. Long voted against this because of inequities and he felt it barely met the threshold of the required number of parcels needed. This also would subject the properties to foreclosure if the properties failed to pay the assessments. He stated Ben lkerd was appointed to the Moose Pass Advisory and Planning Commission, and the finalization of the borough priorities list would be on the next meeting agenda. Long mentioned the Bear Creek fire station upgrade was listed as a priority for the economic stimulus package being sent to Washington D.C. He thought there might be more funding eventually for the spruce bark beetle program. City Manager's Report. City Manager Phillip Oates stated Governor Patin had appointed Kristen Erchinger to the Alaska Retirement Management (ARM) Board. Parks and Recreation completed a successful Wells Fargo Basketball Tournament last weekend and was continuing ice maintenance on Second Lake. Oates stated he received confirmation from Murkowski and Begich's offices for the federal economic stimulus request. • Community Development. The Planning and Zoning Commission had approved their Commission Rules of Procedure. Sandie Roach' was elected Commission Chair. A conditional user permit was issued to CIRI Alaska Tourism Corp. dba Kenai Fjord Tours to construct and operate a 16 room employee bunkhouse, another extension was issued to Tom 14 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS, AND ADJACENT TIDELANDS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER WITH THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE, DB/A ALASKA SEALIFE CENTER WHEREAS, in 2006 the City of Seward ("City") and the Seward Association for the Advancement of Marine Science, d/b/a Alaska SeaLife Center ("SAAMS") entered into an Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center (the "Lease"); and WHEREAS, the City and the State of Alaska Department of Fish and Game are parties to a Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended (the "Cooperative Agreement"); and WHEREAS, the City and SAAMS intended to transfer all of the obligations of the City under the Cooperative Agreement and the EVOS Trustee Council Resolution adopted November 2, 1994 to SAAMS; and WHEREAS, the City has an obligation under the Cooperative Agreement to own, operate, and maintain the Alaska SeaLife Center for the practical life of the facility, and the practical life of the facility ends upon the occurrence of both of the following: (i) the City makes a reasonable determination, as verified by an independent financial consultant selected or approved by ADF&G, that the facility is not capable of generating revenues sufficient to cover the operating expenses and debt service of the facility, and (ii) while being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of the agreement during the two-year period following the City's determination, the facility does not generate revenues sufficient to cover the operating expenses and debt service of the facility, plus fund sufficient reserves for repairs and replacements in the facility; and WHEREAS, if the City elects not to operate the facility, either because it has reached the end of its useful life or for any other reason, the City is obligated to continue operating the Sealife Center for one year while ADF&G determines whether to exercise its option to enter and assume operation of the SeaLife Center; and WHEREAS, with the understanding that SAAMS would operate the SeaLife Center during the one-year period in which ADF&G may exercise its option, and based on representations by SAAMS that the amount described to meet the City's obligations to ADF&G was $700,000 for fiscal year 2006, the City and SAAMS agreed in the Lease that SAAMS would maintain a Termination Fund in an amount of S700,000 for fiscal year ending September 30, 2006 and increasing 3% each year; and WHEREAS, SAAMS is experiencing a temporary cash flow shortage and asks for a temporary one-year reduction in the amount to be held in the Ternination Fund; and WHEREAS, SAAMS has provided sufficient documentation to explain the need for the proposed changes and its reasonable plan to eliminate the cash flow shortage and to fully fund the Termination Fund by September 30, 2009; and WHEREAS, the City Council has determined that it is in the public interest to enter into an amendment to the Lease because of the public benefits provided by SAAMS to the Seward community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. For the reasons stated in the above recitals, which are incorporated herein by reference, it is in the public interest to enter into an Amendment to the Amendment and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and Maintenance of the Alaska SeaLife Center in substantially the form presented at this meeting. Section 2. The City Manager is hereby authorized to enter into the amendment in substantial form as presented at this meeting and incorporated herein by reference, and to make such changes as necessary to finalize the agreement between the parties but without changing the substantial terms and conditions as described therein. Section 3. This resolution shall take effect thirty (30) days after its adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 261h day of January, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 7 Council Agenda Statement Meeting Date: Monday, January 26, 2009 To: City Council Through: City Manager Phillip Oates��p From: Executive Liaison Anne Baileya Agenda Item: Resolution 20094j, Authorizing the City Manager to Enter Into an Amendment to the "Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center" with the Seward Association for the Advancement of Marine Science BACKGROUND & JUSTIFIC:ATION: In 2006, the City of Seward ("City") and the Seward Association for the Advancement of Marine Science ("SAAMS") entered into an Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center (the "Lease"). The City and the State of Alaska Department of Fish and Game are parties to a Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended (the "Cooperative Agreement"). The City has an obligation under the Cooperative Agreement to own, operate, and maintain the Alaska SeaLife Center for the for the practical life of the facility, and the practical life of the facility ends upon the occurrence of both of the following: i. the City makes a reasonable determination, as verified by an independent financial consultant selected or approved by ADF&G, that the facility is not capable of generating revenues sufficient to cover the operating expenses and debt service of the facility, and ii. while being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of the agreement during the two-year period following the City's determination, the facility does not generate revenues sufficient to cover the operating expenses and debt service of the facility, plus fund sufficient reserves for repairs and replacements in the facility. If the City elects not to operate the facility the City is obligated to continue operating the SeaLife Center for one year while ADF&G determines whether to exercise its option to enter and assume operation of the SeaLife Center. In With the understanding that SAAMS would operate the SeaLife Center during the one-year period in which ADF&G may exercise its option, and based on representations by SAAMS that the amount described to meet the City's obligations to ADF&G was $700,000 for fiscal year 2006, the City and SAAMS agreed in the Lease that SAAMS would maintain a Termination Fund in the amount of $700,000 for fiscal year ending September 30, 2006 and increasing 3% each year. SAAMS is experiencing a temporary cash flow shortage and asks for a temporary one-year reduction in the amount to be held in the Termination Fund. SAAMS has provided sufficient documentation to explain the need for the proposed changes and its reasonable plan to eliminate the cash flow shortage and to fully fund the Termination Fund by September 30, 2009. City Council held work sessions on November 24, 2008 and January 19, 2009 to publically discuss SAAMS' proposed changes to its agreement with the City. Comments and suggestions provided by Council Members, City Staff, SAAMS, and members of the public were taken into consideration and incorporated in the Lease and Resolution. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: According to the terms of the Cooperative Agreement between the City of Seward and the State of Alaska Department of Fish & Game, the City of Seward is required to ensure the availability of funds to satisfy the requirements of the Termination Fund and the Major Repair & Replacement Fund. To the extent that there are insufficient monies available in either or both of these funds in the future, and in the event circumstances require the City to operate the facility until it is turned over to ADF&G, the City will be required to pay whatever costs are necessary to cover the costs of termination and to provide for major maintenance and repairs. Given many of the City's current fiscal challenges, including its own inadequate level of General Fund reserves, the City must assess this risk very carefully, since passage of this resolution potentially shifts financial risks from SAAMS to the taxpayers of Seward. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2009-�, Authorizing the City Manager to Enter Into an Amendment to the "Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center" with the Seward Association for the Advancement of Marine Science. W LEASE AMENDMENT NO. 1 WHEREAS, the City of Seward, Alaska, an Alaska municipal corporation ("City") whose address is P.O. Box 167, Seward, Alaska 99664, and the Seward Association for the Advancement of Marine Science, d/b/a Alaska SeaLife Center ("SAAMS"), an Alaska non- profit corporation, whose address is P.O. Box 1329, Seward, Alaska 99664-1329, entered into the Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center dated effective November 9, 2006 ("Lease"); and WHEREAS, according to the Lease. SAAMS agreed to maintain certain reserve funds including the Renewal and Replacement Fund and the Termination Fund; and WHEREAS, these funds are intended to cover the City's corresponding responsibilities under the City's Cooperative Agreement with the Alaska Department of Fish & Game. and WHEREAS, SAAMS has agreed to fund the Renewal and Replacement Fund in the amount of $500,000 for the fiscal year ending September 30, 2007, and for each subsequent fiscal year at the amount determined by multiplying the prior year's requirement by 1.030; and WHEREAS, in 2006 SAAMS agreed to fund the Termination Fund in an amount of $700,000 for the fiscal year ending September 30, 2006, and for each subsequent fiscal year at the amount determined by multiplying the prior year amount by 1.030; and WHEREAS, due to the current financial situation being experienced by SAAMS and to seek financial stability for the immediate future, SAAMS has requested the City's approval to allow SAAMS to access up to S500,000 from the Termination Fund from March 1, 2009 until September 30,2009 and replenish that fund to the required level on that date; and WHEREAS, the City is willing to amend the Lease with SAAMS for a limited period of time provided that certain conditions are met, including ongoing financial reporting on fund status and budget progress to the City by SAAMS; NOW, THEREFORE, the Lease is amended as follows: 1. The obligation for SAAMS to accumulate and maintain in the Termination Fund the full amount of the Termination Fund Requirement in 2008 is hereby amended for the term of this Lease Amendment No. 1 subject to the conditions stated herein. Section 5.6 of the Lease is temporarily amended to read as follows: AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT FOR LEASE OF Page 1 of 3 TRACT 2A, WATERFRONT TRACTS, AND ADJACENT TIDELANDS, AND THE LEASE, OPFRATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 10 SAAMS Election Not to Operate the Improvements. SAAMS shall notify the City if SAAMS elects not to operate the Improvements, either because the Improvements have reached the end of their practical life as defined in Subsection 3.1.1, or if for any other reason permitted under this Agreement, SAAMS elects not to operate the Improvements. The City shall provide the same notice to ADF&G under the Cooperative Agreement within thirty (30) business days after receiving the notice from SAAMS. If the City elects not to operate the Improvements, the latter notice commences the one-year period during which ADF&G shall have the option to enter and assume the operation of the Alaska SeaLife Center, as provided in the Cooperative Agreement. For a period of one year after giving notice to ADF&G under this subsection, SAAMS shall continue to operate and maintain the Site and Improvements to the standard of other well - maintained and well -operated marine research facilities throughout the United States. SAAMS shall maintain the Termination Fund Requirement in a special fund dedicated to pay the cost of performing this obligation. SAAMS may access up to $500,000 from the Termination Fund between February 1, 2009 and September 29, 2009, but shall provide evidence to the City that on September 30, 2009, that this fund is fully replenished. Nothing in this subsection is intended to limit SAAMS' responsibility if the costs exceed the amount in the special fund. Any amount remaining in the fund at the end of the one-year period shall be released to the party that has assumed the operation of the Improvements. 2. At the end of this period, the Termination Fund Requirement will be as stated in the Lease prior to this Amendment No. 1. SAAMS' Termination Fund Requirement funding obligation will resume without further notice and as if the suspension period had not occurred. The Termination Fund Requirement will be calculated as if the Termination Fund had been continuously maintained. Nothing in this section shall limit SAAMS' obligation to maintain and repair the Improvements and to operate the Facility in a timely manner and in accordance with the terms of the Lease. 3. Each quarter, beginning January, 2009, SAAMS will provide the City with an updated detailed budget report including budgeted grant revenues and estimated revenues from all other sources. The budget reports will be provided as per normal SAAMS Board reports. 4. On a monthly basis SAAMS will provide the City with copies of third party bank or financial institution statements detailing the balances of the Renewal and Replacement Fund and Termination Fund held by SAAMS. AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT FOR LEASE OF Page 2 of 3 TRACT 2A, WATERFRONT TRACTS, AND ADJACENT TIDELANDS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 11 5• This Lease Amendment No. 1 shall be effective upon approval of City Council unless terminated earlier or extended by a writing signed by both parties. and signature of all parties, and this Lease Amendment No. I shall expire on October I, 2009 6. All other provisions of the Lease remain in full force and effect. It is anticipated that SAAMS staff and City staff will propose a new lease, operating, and maintenance agreement to be brought before City Council in October 2009. DATED this /�& day of Ji ,�, 2009. CITY OF SEWARD, ALASKA SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE, D/B/A ALASKA SEALIFE CENTER By: an Alaska non-profit corporation Phillip Oates, City Manager By: ATTEST: Ian M. Dutton, Ph.D., President and CEO Jean Lewis, CMC, City Clerk AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT FOR LEASE OF Page 3 of 3 TRACT 2A, WATERFRONT TRACTS, AND ADJACENT TIDELANDS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER City of Seward, Alaska City Council Minutes January 12, 2009 Volume 3S Page CALL TO ORDER The January 12, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Willard Dunham. OPENING CEREMONY Lieutenant Butch Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard Dunham presiding and Bob Valdatta Betsy Kellar comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT — Mayor Clark Corbridge Jean Bardarson Marianna Keil Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold, spoke in opposition to passing Resolution 2008-131. She thought there were many more worthwhile projects that could utilize this grant money. Griswold stated no matter how much money was spent, flood waters would still rage down this corridor to the lagoon. She urged the council to reconsider and postpone the resolution until more research was completed or after the borough hydrologist could examine it. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Bardarson) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: Resolution 2009-003, Urging the Alaska State Legislature To Modify, Based On Science, The Standards Governing The Discharge Of Cruise -Ship Wastewater By Using The Criteria That Apply To Municipal Shore -Based Wastewater Facilities And All Other Vessels Transitting Alaska Waters. 13 City ofSeward, Alaska Ianua», 12, 2009 City Council Minutes Alaska Vocational Technical Institute (AVTEC) Block 15A For City Owned Block 6A. Oates stated this issue was fairly complex and had been in the works for two years, dating back when AVTEC built their learning center. He noted there were easement and gas line issues and that this required not only city but borough action. The Seward Planning & Zoning Commission recommended a bigger land trade with AVTEC, but he thought it was a complex equation. With passage of this resolution, Oates stated a right-of-way would be dedicated, easements would be cleaned up, and the city would have access to the park behind the facility. Community Development Director Christy Terry, stated the two key benefits was the legal access to Two Lakes Park and to continue support of the educational goals for AVTEC. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Dick Harrel, thanked the community for their support of AVTEC. He stated there were three buildings on this property. He noted when B Street was vacated, another issue was created. He thanked everyone who worked for two years to clean up all the issues. AVTEC wanted it vacated and all platted together. Harrel said this swap insured the community would have access to Two Lakes Park. He mentioned the northern edge of the property was chopped off so the city could have access to the park. He asked for council support to get AVTEC under one property. Kim Mahoney of DOT/PF, had been involved with this project for 3.5 years, as her role of project manager for state facilities at DOT. She stated there were issues with B Street and she was present to answer questions. Mahoney stated the property was state owned and not owned by AVTEC. Carol Griswold used the park, daily and thanked the staff for clearing up the issues and freeing access to the landlocked park. She thanked all. Motion (Bardarson/Smith) Approve Resolution 2009-001 Keil thought property swaps should be looked at in the future and was happy with access to the park. Smith had been involved with P&Z for many years, and just wanted permanent access guaranteed. Kellar thought this was a win -win situation and wanted this into the city codes. Motion Passed Unanimous Resolution 2009-002 Recommending Kenai Peninsula Borough Approval Of The Federal Addition AVTEC Replat, A Resubdivision Of Blocks 6 & 15, Federal Addition. 16 City of Seward, Alaska City Council Minutes January 12, 2609 Volume 38 Page Community Development Director Christy Terry stated this was the first step to consolidate the AVTEC facility on 2nd Avenue into one state-owned and managed unit. Once this re -plat had both council and borough approval it could go forward for the plat exchange. 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 (Bardarson/Keil) Approve Resolution 2009-002 Motion Passed Unanimous Ordinance Requiring A Public Hearing Ordinance 2008-020, Amending Various Sections Of The Seward City Code To Require The City Of Seward Provide A Biennial Budget Beginning Fiscal Year 2010. Oates informed that this was passed by a vote of the public at the October 2008 election by three votes. This would focus on long term budget planning and improve efficiency and free up staff time. 2010 and 2011 would be the first years of this biennial budget. He reminded council that all amendments to the budget would still come before the council to amend information and assumptions. He recommended enactment. 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 (Bardarson/Kellar) Motion Passed UNFINISHED BUSINESS Item For Reconsideration Motion (Kellar/Keil) Enact Ordinance 2008-020 Unanimous Reconsider Resolution 2008-131 Kellar mentioned she couldn't sleep after this last vote. She felt like she needed more information. She went to the flood board and received some new information. They wanted to be able to evacuate the upper roads and be eligible for FEMA dollars. She did not think the $30,000 culvert would take care of the problem. The Flood board wanted the city to take this money and project, but she was not sure this was the best use of the money. Smith and Bardarson weren't sure this would fix the problem either, but stated it was a start. Oates stated this resolution would assist with future flooding and begin looking at road damage problems. 17 City of Seward, Alaska Ianunry 12, 2009 Motion to Reconsider Failed NEW BUSINESS Ordinance For Introduction Or)) Council Minutes � I 11/Re Ja, Yes: Keil, Kellar No: Bardarson, Valdatta, Smith, Dunham Non -Code Ordinance 2009-001 Temporarily Increasing The Stipend For The Vice Mayor And Setting The Effective Dates. Motion (Bardarson/Valdatta) Introduce Ordinance 2009-001 Vice -Mayor Dunham declared a conflict of Interest and handed the gavel to Senior Council member BobValdatta. Motion Passed and Set for Public Hearing Yes: Keil, Bardarson, Kellar, Smith, Valdatta Abstain: Dunham INFORMATIONAL ITEMS AND REPORTS (No action required November Financials For Providence Seward Medical Center. COUNCIL COMMENTS Bardarson let the public know her computer had been down so she had not been receiving emails. Kellar stated the Nordic Ski Club had been doing lots of work in the Mile 12 area. Keil thanked the staff for the hard work on the AVTEC land swap. Smith also thanked the staff and thought it was a really good lesson on what happens when land issues are not cleaned up. Valdatta complimented Public Works on thawing pipes and thanked Christy Terry for helping with the tanks at the Long Term Care Facility. Dunham stated the new implementation for dock clearance was cumbersome and noted a cutoff date of February to get clearance. He reminded everyone about the Polar Bear Plunge this weekend. Oates stated there was a problem with conducting record checks and they must now go to the State Troopers at the Kenai Lake Work Center. I MJ City of Seward, Alaska Ciao Council Minutes January 12, 2009 Volume 38 Page CITIZENS' COMMENTS Theresa Butts, had a difference of opinion with the administration on their wind turbine. She passed a diagram to the council. In the event she didn't use all of the power, small amounts would go back to the city grid. She thought she could sell power to the city and buy it back for retail. Diagram A was prohibited by the contract and she believed this was wrong on both counts. She said the city was discouraging alternative energy generation. Butts thought there were two outlets for the city to adopt. She did not think there was any legal barrier to diagram A. She wanted council to implement a more user friendly approach to these issues. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Kellar appreciated the diagrams and shared her passion for alternative energy issues. She thought eventually the state would pass laws for people to have their turbine. She wished her good luck and was sure it would happen. Smith thought diagram A proved to be more appropriate than diagram B. He wanted it resolved but thought the new director needed help in solving this problem and how Chugach approaches it in relation to our contract. Dunham stated this system was not simple and the legislature was going to address it this session. Oates stated the greatest concerns were safety to the workers. This needed the right equipment and switches to be safe for our infrastructure. The contract with Chugach limited the city on what we can do, including putting power back through the grid. There were complex policies from Dryden and Larue and they would be helping the city address them. Oates reported that net metering would be an Alaska -wide policy. He did inform there were two solutions out there today for self generation, and the SNAP program could be used. Another factor was wind power was dirty because it was not consistent, thus making it harder to manage. Oates noted the city was shorthanded in the electric department and that the main goal now was to keep the power on for the cold months with limited staff. EXECUTIVE SESSION Motion (Bardarson/Smith) Go Into Executive Session To Discuss Pending Arbitration Filed By Seward Ships Drydock With Regards To Their Lease. Motion Passed Unanimous Council went into executive session at 9:49 p.m. Council came out of executive session at 10:29 p.m. 9 City of Seward, Alaska January 12, 2009 ADJOURNMENT The meeting was adjourned at 10:29 p.m. Jean Lewis, CMC City Clerk (City Sea]) Willard Dunham Vice Mayor City Council Minutes vurttme J MEMORANDUM Date: January 26, 2009 To: Kim Kowalski -Rogers, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the renewal of liquor license for the Yukon Bar. The following business has applied for renewal of liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Yukon Bar, #1245 Beverage Dispensary Finance/Leases Finance/Utilities Police Chief 4 K Fire Chief_ F'b 91 AGENDA STATEMENT Meeting Date: January 26, 2009 From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Non -objection to the Liquor License Renewal for the Yukon Bar BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the Yukon Bar. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes tile City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Beverage Dispensary Liquor License renewal for the Yukon Bar. 22 MEMORANDUM Date: January 26, 2009 To: Kim Kowalski -Rogers, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the renewal of liquor license for Ray's Waterfront Bar and Grill. The following business has applied for renewal of liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Fame Department Status Initials Ray's Waterfront Bdr and Grill, #2790 Beverage Dispensary - SF Finance/Leases Finance/Utilities G Police Chief p Fire Chief f'JL 23 AGENDA STATEMENT Meeting Date: January- 26, 2009 From: Johanna Dollerhide, Assistant City Clerk \0 Agenda Item: Non -objection to the Liquor License Renewal for Ray's Waterfront Bar and Grill BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Ray's Waterfront Bar and Grill. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION Non -objection to the Beverage Dispensary Liquor License renewal for Ray's Waterfront Bar and Grill. 24 MEMORANDUM Date: January 26, 2009 To: Kim Kowalski -Rogers, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk I,, Subj_ Verifying Compliance for the renewal of liquor license for The Ivory Cove. The following business has applied for renewal of liquor license Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials 'I'lie Ivory Cove. #4659 Beverage Dispensary - Tourism Finance/Leases Ky Finance/Utilities Police Chief_ Fire Chief V_- 25 AGENDA STATEMENT Meeting Date: January 26, 2009 From: Johanna Dollerhide, Assistant City Clerk Agenda Item: m. Non -objection to the Liquor License Renewal for The Ivory Cove BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for The Ivory Cove. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections the liquor license renewal for this business. to FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION - Non -objection to the Beverage Dispensary Tourism Liquor License renewal for The Ivory Cove. 26 MEMORANDUM Date: January 26, 2009 To: Kim Kowalski -Rogers, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the renewal o liquor license for Christo's Palace. The following business has applied for renewal of liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Christo's Palace. i 832 Beverage .Dispensary LI Finance/Leases Finance/Utilities ok Police Chief Fire Chief c� 27 AGENDA STATEMENT Meeting Date: January 26, 2009 From: Johanna Dollerhide, Assistant City Clerke Agenda Item: Non-obiection to the Liquor License Renewal for Christo's Palace BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Christo's Palace. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION - Non -objection to the Beverage Dispensary Liquor License renewal for Christo's Palace. 98 Page 1 of 4 Johanna Dollerhide From: Holland -Williams, Dawn R (DIPS) [dawn.holland-williams@alaska.gov] Sent: Monday, December 22, 2008 10:01 AM To: jjohnson@ci.homer.ak.us; MJacobsen@ci.homer.ak.us; Lauri@ borough.kenai.ak.us; dpenrod@borough.kenai.ak.us; Johanna Dollerhide; Jean Lewis; Freas, Carol (GOV sponsored) Subject: Liquor License Renewal Notification Follow Up Flag: Follow up Flag Status: Red Homer Type: Bev Disp Lie. #: 253 Name: Alice's Champagne Palace Location: 195 E Pioneer Ave Owner: Homer Beverages Inc. Type: Rec Site Lie. #: 2101 Name: Kachemak Bowl Location: 672 East End Rd Owner: Mark Cooper Type: RE Place -PC Lie. #: 4315 Name: Fat Olives Location: 276 Ohlson Lane Owner: KELT, LLC Type: RE Place -PC Lie. #: 4728 Name: Mermaid Cafe Location: 3487 Main St Owner: Andrew & Sally Wills Kenai Type: Club Lie. #: 368 Name: BPO Elks Lodge #2425 Location: 205 Barnacle Owner: BPO Elks Lodge #2425 Type: Rec Site -Se Lie. #: 846 Name: Peninsula Oilers Location: Tinker Lane & Lawton Dr Owner: Peninsula Oilers Baseball Club Inc Type: Bev Disp Lie. #: 1312 Name: Rainbow Bar, The Location: 502 S Main St Owner: D & E Investments Inc 29 12/31 /2008 Page 2 of 4 Type: Club Lic. #: 2494 Name: Peninsula Moose Lodge #1942 Location: 12516 Spur Hwy Owner: Loyal Order of Moose Lodge #1942 Type: Golf Course Lic. #: 4708 Name: Kenai Golf Course Location: 1420 Lawton Dr Owner: Griffin Golf Enterprises, LLC Seward Type: Lic. #: Name: Location: Owner: Bev Disp 822 Christo's Palace 133 4th Avenue Manolakakis Inc Type: Bev Disp Lic. #: 1245 Name: Yukon Bar Location: 4th & Washington Owner: Yukon Tender Inc Type: Bev Disp-Se Lic. #: 2790 Name: Ray's Waterfront Bar & Grill Location: 1316 4th Ave. Owner: Janaska Corporation Type: Bev Disp-Tour Lic. #: 4689 Name: Ivory Cove, The Location: 200 5th Ave Owner: Kishan Group, Inc., The Outside City Limits Type: Bev Disp Lic. #: 642 Name: Lamplight Bar Location: Mile 29.5 Kenai Spur Rd Owner: Ronald Mika Type: Pkg Store Lic. #: 643 Name: Lamplight Liquor Store Location: Mile 29.5 Kenai Spur Rd Owner: Ronald Mika Type: Pkg Store Lic. #: 867 Name: Pioneer Liquor Location: Mile 18 Hope Hwy Owner: V & R Davidson & Melodee Monson 30 12/31 /2008 Page 3 of 4 Type: Bev Disp-Tour Lie. #: 897 Name: Place Bar & Motel, The Location: Mile 7.5 North Road Owner: John R Young Type: Bev Disp Lie. #: 1283 Name: Summit Lake Lodge Location: 51826 Seward Hwy Owner: Marty and June Arnoldy Type: Bev Disp Lie. #: 2106 Name: Golden International Location: Mile 91.5 Sterling Hwy Owner: Kingdom Corporation Type: Pkg Store Lie. #: 2684 Name: Kasilof Riverview Lodge Location: Mile 109.5 Sterling Hwy Owner: Joanne Browning & Joseph Browning Type: Pkg Store Lie. #: 3738 Name: W. M. Likors Location: Mile 47.5 Sterling Hwy Owner: Wildman TR Inc Type: RE Place -Se Lie. #: 4086 Name: Otter Cove Resort Location: USS 4740 Lots 1&2 Owner: H O C Services Inc Type: RE Place Lie. #: 4153 Name: Seward Salmon Bake Location: 31832 Herman Leirer Rd Owner: Vince Benjamin Type: RE Place -Se Lie. #: 4282 Name: Kenai Riverside Lodge Location: 16520 Sterling Hwy Owner: Alaska Wildland Adventures Inc Type: RE Place Lie. #: 4460 Name: Kenai River Raven Lodge Location: .2 Funny River Rd Owner: Kenai River Raven LLC Type: Brewery Lie. #: 4512 Name: Kassik's Kenai Brew Stop Location: 47160 Spruce Haven St Owner: Kassik's Kenai Brew Stop LLC 31 12/3 I /2008 Page 4 of 4 We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included. A local governing body as defined under AS 04.21.08001) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.1 L510(b), the board will notify, the applicant that the application is denied for reasons stated in the protest. The applicant is entitledto an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11 .420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 0421.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4,11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. 32 12/31 /2008 - -- • •• .inn UV/IVVVII VLCIiA PHA Nu. W 1262 8615 P. 01 /01 KENAI PENINSULA BOROUGH 144 N. 131NKLEY ST - SOLDOTNA, AL.ASKA • 99669-7520 PHONE: (907) 714-2160 - FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478.4441, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK December 26, 2008 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board. 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License 42790 & #4689 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the establishment(s) located within the City of Seward, Alaska: Beverage Dispensary - SE Beverage Diseeusary - Tourism Ray's Waterfront Bar & Grill #2790 The Ivory Cove #4689 The Kenai Peninsula Borough Finance Department has reviewed its files and has raisedno objection based on unpaid or delinquent taxes. Sincerely, ,.rG, Johni Blankenship CMC Borough Clerk cc: Applicant City of Neward KPH Finance Depart ncnt File 33 �• z, ncYn1 rctvll OUXUMI ULt XK FAX NO. 907 282 I 8615 P. 01 /01 I KENAI PENINSULA BOROUGH 144 N. BINKLEY ST • SOLDOTNA, ALASKA • 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -Free within the Borough: 1-800.478.4441 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK January 6, 2008 Ms. Dawn Holland -Williams .Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License #822 & #1245 Dear Ms. Williams: Please be advised thattheKenai Peninsula Borough has no objection to the approval ofthe following application(s) for renewal of liquor license(s) of the establishment(s) located within the City of Seward, Alaska: Beverage Dispensary Cluisto's Palace #822 Yukon Bar #1245 The Kenai Peninsula Borough Finance Depailm ent has reviewed its files and has rai sed n.o objection based on unpaid or delinquent taxes. Sincerely, �+ &aA� Johni Blankenship CMC Borough Clerk ca: Applicant cityorseward TOR Finanec Departmant Fi Ic 34 CITY OFSEWARD, ti L AS K CATIO1; FOR T SEW_AUM' , P LANNU4G & Zo N fN(-r C0011, USSIOICI or INIANTE E l ' U 'Y !')1 l C',E 1C� STREET ADDRESS: NAILNG ADDRIESSS.- 11I", TELEP +OIN E- i lt'' I PUSL1\iESS MONE 2- -j Ei` LUL ADDX SS: , �'ac� ;t , ;b- �� = 1� -�L�'� • �;,c HOW LONG In! TTIr; I1'`I i 111' ITS OF SEW;`.RL; PRESENTLY Ei\/I_t'DDYED AS-- -- LIS% any special tramnlg, edLlCad.on or background you have W'nich n1ay help yoll as a nleinber o r the ccl-m-mSS1011 _ -Rave you ever deveRop�d irai property (other than your 0-wii persona �esideslce)? li sc, bnAv describe the detielopmcnt: I aIYl Spec] ca!ly 111teresLea lil Oil the Plal.lm, and 7Otullg COi111111S�10II bCC21'.1Sc: R-Ia�'B y0U c'vel SelVcd Oil a SLTll]al t;0IlS11S�1011 50111eWhetie �]�e'? r-a ----------------- Rfso, �,vhere and whcn? Pile voll available mi 111eO�_ll"1 S TUcSQay c',/enii:`S.� IC 1p1JO1llCe 1, ale 'u11 Cvll]llib [0 li 1Vc1 �l lie'1 ! — --Ur_ca,lunaIly -- Ru ely Signature Date 35 Memorandum Date: January 26, 2009 To: Mayor Corbridge, Council Members From: Jean Lewis, City Clerk Subj: PACAB give periodic reports on a quarterly basis On January 7, 2009, PACAB passed the attached resolution to notify the city council that they wished to give periodic reports on a quarterly basis for consistency. After passage on the consent agenda, the city clerk will schedule periodic reports on the city council's agendas when requested to do so by the Chair of PACAB or their liaison. 36 Sponsored by: Board CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2009-001 RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, TO DELIVER PERIODIC REPORTS TO SEWARD CITY COUNCIL ON A QUARTERLY BASIS WHEREAS, PACAB meets twice a month for a regular meeting and a work session; and WHEREAS, PACAB is comprised of volunteer members who commit their time and efforts to the betterment of the community of Seward; and WHEREAS, the Seward City Council has no requirements for scheduled PACAB reports at City Council meetings other than a January annual report; and WHEREAS, PACAB members and the Seward City Council would benefit from a system where scheduled reports were given on a consistent basis. NOW THEREFORE, BE IT RESOLVED by the Port & Commerce Advisory Board that: periodic reports will be presented to Seward City Council on a quarterly basis, with a schedule to be set on an annual basis in conjunction with the City Clerk and the PACAB liaison. PASSED AND APPROVED by PACAB of the City of Seward, Alaska this 7`h of January 2009. THE CITY OF SEW —aF;ALASKA i - Ro Long, Chair AYES: Long, Butts, SchafermeyT, Tougas, NOES: None ABSENT: Altermatt EXCUSED: Oliver ABSTAIN: None VACANT: One 37 CITY OF SEWARD Budgeted Summary Revenue and Expense/Expenditure by Fund For the Month Ending November 30, 2008 (Through November, 91 7% of the year has expired) Through November 21107 2008 Actual Variance YTD Bud et Budget Annual f Annual / o Revenue g variance Budget Budget General Fund Small Boat Harbor Enterprise Fund $ 7.484,353 S $ 8,833;044 $1,348,691 $ 9,374,238 $ (541,193) $ Parking Enterprise Fund 2,569,863 $ $ 2,595,520 $ 25,657 $ 2,487,410 $ 108,111 10,226,441 $ 2,713,538 86.4% S.M.LC_ Enterprise Fund 195,536 $ $ 236,217 $ 40,681 $ 246,418 $ (10,201) $ 268,820 g5,7% Electric Fund 763,448 $ 751,245 $ (11,237) $ $ (43,450) $ 87.9% Water Enterprise Fund $ 8,762,057 $ 1,096,188 $ 8,580,82092567 $ (181,237) $ 9,024,271 $ 024, 71 (443,450) 851,029 $ 9,844,659 88.3% Wastewater Enterprise Fund $ 948,688 $ 992,567 $ $ (103,620) 03,620 $ 1,001,248 $ 001,248 8,680 (8,680) $ 1,092,270 87.2% 90.9/° 932,681 $ ( ) $ $ ( ) $ 1,046,580 Expenses 89,1/° General Fund General Government Mayor and Council General Fund Legal $ 307,071 $ 329,013 $ 21,941 300,048 $ 300,048 $ 28,965 ( ) $ 327,325 City Manager 186,891 188 122,452 (64,439) 1,298 135,000 100 5% City Clerk 898 188,076 798,250 203,556 109,352 911,827 113,576 90.7% 80.2% Finance Administration 556,488 560,446 15,480 209,677 228,739 89.0% General Services 86,162 77,506 3,958 (8,656) 579,239 324,500 8,122 1$793 631,897 631,897 gg 7% Contributions Total General Government 156,000 673,335 517,335 616,995 246,994 354,000 ° 219/° $ 2,169,587 $ 2,764,558 $ 594,971301,478 673,085 $ 100.0% Public Safety 3,344,766 82,7/0 Police Department Fire Department 1,841,421 1,916,198 74,777 2,005,495 89,297 2,187,813 Engineer/Utility Manager 468,651 168,192 525,609 56,955 615,248 89,639 682,127 87.6% 75.0% Building Inspection 96,892 61,602 113,415 (106,590) 75,283 13,681 82 127 75 0°6 Total Public Safety $ 2,575,157 $ 2,616,824 $ 16,522 129,022 41,522 $ 2,825,048 15,607 140,751 80.6°io Public Works $ 208,225 $ 3,081,871 84.9°io Roads and Streets City Shop 779,592 892,501 112,909 982,351 89850 Municipal Building 369,361 263,465 (105,895) 232,968 , (30,497) 1,071,656 254,147 83.3% Total Public Works 225,387 $ 1,374,339 $ 227.801 1,383,767 $ 2,414 280,551 52,751 306,056 103.7% 0 74.4 / g g28 $ 1,495,871 $ 112,104 $ 1,631,859 84.8% Parks & Recreation Library 001,580 $ 1,001,680 $ 1,042,577 $ 042,577 40,898 $ 1,074,068 $ 31,491 $ 1,171,711 Debt Service $ $ $ $ 14,388 $ 349,385 $ 20,199 $ 381,147 89.0% 728,233 $ 499,172 $ (22g,060) $ 603,406 $ 104,234 $ 658,261 86.4% Total General Fund $ 8,163,793 $ 8,636,084 $ 472,291 $ 9,413,814 $ 75.8% Small Boat Harbor Enterprise Fund $ 3,002.152 777,729 $ 1Q269,615 84.1% Parking Enterprise Fund $ $ 140,516 S 3,127,463 $ 125,978 125,312 $ 3,443,289 $ 315,825 $ 3,756.315 83.3% S.M.LC. Enterprise Fund $ 1,127,619 $ $ 1,075,451 $ (14,538) $ (52,168) $ 348,618 $ 1,045,361 222,640 $ 380,311 33.1% Electric Fund Water Enterprise Fund $ 7,721,348 $ 8,181,610 $ 460,262 $ $ 8,466,041 $ (30,090) 283,431 $ 1,140,394 94.3% Wastewater Enterprise Fund $ 753,827 $ $ 942,504 $ 188,677 $1,347,993 $ 405,494 $ �1,,234,590 470,543 ° 739,336 $ 868,006 S 128,670 $ 902,354 $ 34,348 $ 64.1% 984,386 88.2% 38 Monthly_REV EXP_Su mma ry_N o ve mber08 Date Printed. 1/20/2009 234 PM Page 1 of 1 January 2009 January 2 February 2009 S T M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 Monday - Tuesday --Wednesday Thursday Friday - --- January 1, 2009 [apaNew Year O�ces Close' - --- 5 12:00pm PACAB Meeting 11:30am Seward,z Community. ubrary,>3E'Nluseum 1 Buildirig ,' Coehinittee I I 12. 7:00pm City Council 13 - 14 15 -- 9:00am Social Security - 1 ---- 7:00pm Fish & Game Meeting Rep Advisory Committee 5:00 m CC WS-SAAMS 191 P 6:30pm P&Z Wack 20 Session P___. ___-- 12.00 m PACAB Work 21' 22 9:00am Social Security 2 - 7:30pm P&Z Sp Mtg Session Rep 6:30pm Historic 6:30pm P &Z,Work Preservation Meeting 26 7: Op City Council I i Meeting Inca.,, Dr,- ... i/2009 8:35 AM 16410Y009 8r35 AM