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HomeMy WebLinkAbout01272014 City Council Packet Seward City Council Agenda Packet January 27, 2014 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska ►�,� CITY COUNCIL MEETING AGENDA °� All-America 'yllrr {Please silence all cellular phones and pagers during the meeting} fliew * January 27, 2014 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Vacant 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2015 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Ristine Casagranda the item is returned to the Regular Agenda] Council Member Term Expires 2014 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Christy Terry A. Proclamations and Awards Council Member Term Expires 2015 1. In memoriam proclamation for Vanta Shafer Pg. 3 David Squires B. Chamber of Commerce Report Council Member C. City Manager's Report Term Expires 2015 D. Other Reports and Presentations Dale Butts 1. Presentation by the Seward Mural Society on the 2013 Friendship Council Member Mural created in Obihiro, Japan. Term Expires 2014 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda January 27, 2014 Page 1 7. PUBLIC HEARINGS -None 8. UNFINISHED BUSINESS -None 9. NEW BUSINESS A. Resolutions 1. Resolution 2014-012, Prioritizing The City Of Seward's Calendar Year 2014 Federal Legislative Priorities Pg. 4 B. Other New Business Items *1. Approval of the January 13, 2014 City Council Regular Meeting Minutes Pg. 12 *2. Non-objection to the liquor license renewals for Three Bears #20 and Marina Restaurant Pg. 22 3. Discussion on upcoming council travel, including selecting the mayor to attend the Alaska Municipal League Conference of Mayors Winter Legislative Session February 17-19, 2014 in Juneau and selecting the mayor and/or a council member to travel with administration for upcoming legislative trips to Juneau, Seattle, and Washington, D.C. 4. Declare the council seat of Vanta Shafer vacant, and instruct the City Clerk to advertise a notice of vacancy on the City Council with a term to expire October 2014.....Pg. 32 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss the City Manager's Annual Evaluation. 15. ADJOURNMENT City of Seward, Alaska Council Agenda January 27, 2014 Page 2 In Memoriam WHEREAS, the Seward City Council is joined together in memoriam for the loss of one its finest members,Vanta Shafer; and WHEREAS, Vanta Shafer was a loving, kind, and beloved resident of Seward whose passing will be deeply felt throughout the community for years to come; and WHEREAS, Vanta was devoted to the betterment of Seward, serving in local government for over 13 years as Mayor, Vice Mayor and Council Member; and WHEREAS, Vanta served more years of public service than any other elected official since the incorporation of the City of Seward in 1912. It is a true testament to her love for this community; and WHEREAS, Vanta was a warm and outgoing ambassador of Seward and always had a heartfelt welcome for community members and visitors alike; and WHEREAS, throughout her life in her personal and professional endeavors, Vanta touched the lives of countless numbers of people as an advocate for our youth, health care, small businesses, libraries, literacy, and much more; and WHEREAS, Vanta will be remembered as always putting Seward's interests first; and WHEREAS, it would be difficult to list all of Vanta's accolades, accomplishments, and contributions. The list is extensive. Rather, the Seward City Council would like to simply acknowledge her genuine love and dedication to this community. Vanta was profoundly passionate about Seward. She will be sorely missed and will be remembered for many years to come. NOW THEREFORE, with deepest of sympathies, Mayor Jean Bardarson and the Seward City Council recognize Vanta Shafer's devotion to the City of Seward and extend .. their sirycerest condolences to the Shafer Family. if ....7- it 4 Dated this 27th day of January, 2014. THE CITY OF SEWARD, ALASKA ra 2°- t+ \ j . a .4 ♦ Jean Bardarson, Mayor .... I aP: 4 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,PRIORITIZING THE CITY OF SEWARD'S CALENDAR YEAR 2014 FEDERAL LEGISLATIVE PRIORITIES WHEREAS, the City of Seward annually compiles a list of projects or issues that are identified as top federal legislative priorities; and WHEREAS, the City Council approved the entire federal list of projects with passage of Resolution 2013-93 on October 28, 2013; and WHEREAS, that resolution validates projects,prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the city's lobbyist in Washington, DC, in consultation with our Federal congressional delegation, recommends prioritization of the city's 2014 Federal Legislative Priorities and limiting the capital requests to no more than three; and WHEREAS, administration proposes the following ranked list, selected from Resolution 2013-093. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following list represents the top three capital project requests and the legislative requests for the City of Seward, in order of priority. Capital Project Requests: Priority #1. $7.9 million to complete the Phase 1 development extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity,ship repair capabilities,seafood processing operations, and barge landings. Priority#2. $2 million appropriation to the Army Corps of Engineers for mitigation for flood risk reduction at Lowell Creek in Seward. Priority#3. $3 million appropriation for Lowell Point Road storm surge mitigation, bank stabilization and erosion control projects(from a Section 103 study by the U.S. Army Corps of Engineers). 1.4 CITY OF SEWARD, ALASKA RESOLUTION 2014-012 AUTHORIZATIONS AND BENEFICIAL LEGISLATION: Priority#1 Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 Of the Seward Harbor Expansion Project(additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers). Priority#2 Authorization language amending the Water Resources Development Act of 2007 (Public Law 110-114, 121 STAT. 1205) as follows: a. Amending Section 5032 (1)by striking "Tunnel" from the title; (2) by striking "Long-Term" from subsection(a); (3)by striking "Long-Term" from subsection (a)(1); (4) by striking "Long-Term" from subsection(a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost-benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project. Priority#3 Authorization language in the Water Resources Development Act or in other appropriate legislation that the area created by the Seward Harbor Navigational Improvements Project, including the 3.5 acres of disposal area, in Seward, Alaska, (described by the U.S. Army Corps of Engineers as "BOD Disposal Area 1") is hereby declared to be non-navigable waters of the United States for purposes of the navigation servitude. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson,Mayor Council Agenda Statement ,of Meeting Date: January 27, 2014 IC- From: Jim Hunt, City Manager Agenda Item: Federal 2014 Federal Priorities Ranked BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that identifies the top Federal legislative priorities. The entire 2014 list was compiled and approved by council on October 28th, 2013 in Resolution 2013-093, and subsequently submitted to the Federal delegation and the City's lobbyist in Washington, DC. Senators Murkowski and Begich have in the past contacted the City requesting a list ranked in order of priority. Though the delegation has not yet made that request for this year, our lobbyist has consulted with them and recommends the City submit a list of only the top three capital projects, along with the ranked legislative priorities. Administration suggests the following ranked capital project requests and legislative priorities be adopted in the attached resolution. Capital Project Requests: Priority #1. $7.9 million to complete the Phase 1 development extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings. Priority #2. $2 million appropriation to the Army Corps of Engineers for mitigation for flood risk reduction at Lowell Creek in Seward. Priority #3. $3 million appropriation for Lowell Point Road storm surge mitigation, bank stabilization and erosion control projects (from a Section 103 study by the U. S. Army Corps of Engineers). AUTHORIZATIONS AND BENEFICIAL LEGISLATION: Priority #1 Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 Of the Seward Harbor Expansion Project (additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers). Priority #2 Authorization language amending the Water Resources Development Act of 2007 (Public Law 110-114, 121 STAT. 1205) as follows: a. Amending Section 5032 (1) by striking "Tunnel" from the title; (2) by striking "Long-Term" from subsection (a); (3)by striking "Long-Term" from subsection(a)(1); (4) by striking "Long-Term" from subsection(a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost-benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project. 1,0 Priority #3 Authorization language in the Water Resources Development Act or in other appropriate legislation that the area created by the Seward Harbor Navigational Improvements Project, including the 3.5 acres of disposal area, in Seward, Alaska, (described by the U.S. Army Corps of Engineers as "BUD Disposal Area 1") is hereby declared to be non-navigable waters of the United States for purposes of the navigation servitude. INTENT: Continue the public process that selected the City's capital and legislative requests to our Federal delegation, and act on the advice of our lobbyist to now prioritize the top ranking three capital requests. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: Sections 3.7.3.1 Continue to upgrade and expand . X utilities to meet existing needs and encourage future development. 2 Strategic Plan (document source here): Endeavor to provide modern . X infrastructure and economic growth, Page 5 3. Other (list): X ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014-012, ranking the City of Seward's Calendar Year 2014 Federal Priorities. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2013-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2014 FEDERAL LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top federal legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the Kenai Peninsula Borough, our congressional delegation and City of Seward federal lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. The following list of legislative projects is hereby declared to be the official legislative priority list of the City of Seward for 2013: A. APPROPRIATIONS AND GRANTS 1. $2 million appropriation to the Army Corps of Engineers for mitigation for flood risk reduction at Lowell Creek in Seward. 2. $7 million for a comprehensive Seward Flood Mitigation Program on the watershed level by the U.S. Army Corps of Engineers. 3. $7.9 million to complete the Phase 1 development extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings. 4. $3 million appropriation for Lowell Point Road storm surge mitigation, bank stabilization and erosion control projects (from a Section 103 study by the U. S. Army Corps of Engineers). 5. $1 million appropriation for erosion control projects (from a Section 14 study by the U.S. Army Corps of Engineers) for the Seward Marine Industrial Center and the Alaska Railroad Dock. 6. $2.25 million appropriation for Seward Community Roads for repaving road surfaces and improving roadway drainage systems. ir. 7. $2 million grant for constructing a 100'x 80' metal building to house emergency response CITY OF SEWARD, ALASKA RESOLUTION 2013-093 J equipment, and shelter supplies at the Fort Raymond Satellite Fire Station. 8. $2.496 million in the Highway Transportation Bill for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road (the sole land access to critical infrastructure, state parks, and Kenai Peninsula Borough residential housing area). 9. $15.2 million in the Highway Transportation Bill to lengthen and widen the Alaska Railroad Freight Dock in Seward. 10. $250,000 for operating the Alaska strandings network and responding to marine mammal and seabird strandings and mortalities throughout Alaska. B. AUTHORIZATIONS AND BENEFICIAL LEGISLATION 1. Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 of the Seward Harbor Expansion Project (additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers). 2. Authorization language amending the Water Resources Development Act of 2007 (Public Law 110-114, 121 STAT. 1205) as follows: a. Amending Section 5032 (1) by striking "Tunnel" from the title: (2) by striking "Long-Term" from subsection (a); (3) by striking "Long-Term" from subsection (a)(1); (4) by striking "Long-Term" from subsection (a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost-benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project. 3. Authorization language in the Water Resources Development Act or in other appropriate legislation that the area created by the Seward Harbor Navigational Improvements Project, including the 3.5 acres of disposal area in Seward, Alaska, (described by the U.S. Army Corps of Engineers as "BUD Disposal Area 1") is hereby declared to be non- navigable waters of the United States for purposes of the navigation servitude. Section 2. This resolution shall take effect immediately upon its adoption. j CITY OF SEWARD, ALASKA RESOLUTION 2013-093 Yaw PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of October, 2013 THE CITY OF SEWARD,ALASKA 4.1 rianna Keil, Vice yor AYES: Casagranda, Squires, Terry, Keil NOES: None ABSENT: Shafer, Bardarson ABSTAIN: None VACANT: One ATTEST: ohm / ohanna ney ity Clerk, CMC 4. Of SE Seal) Sep ( . [ S3,L ) '• >. t, , � I�4`••M��, .lr t +K.•y�ypr►S 3 b Council Agenda Statement .„ Meeting Date: October 28, 2013 co 0 From: Jim Hunt, City Manager Agenda Item: Calendar Year 2014 City, State and Federal Priorities BACKGROUND &JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is then distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolutions both through the State of Alaska and Federal sources. This year the three lists include projects that are in the planning phase and/or may qualify for grants in addition to some projects with which Council is familiar. In order to quality for most grants, the City must include these projects on the City priority list. The attached lists are submitted to the City Council for review and approval. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State and Federal sources to improve the City of Seward. To qualify for most appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council, CONSISTENCY CHECKLIST: Yes No N/A 1, Comprehensive Plan: Sections 1,3, 3.7.3.1 and 3.7.3.2 X 2. Strategic Plan (document source here): Sections 1.3, 3.7.3.1 and 3.7.3.2 X 3. Other (list): X ATTORNEY REVIEW: Yes No X FISCAL NOTE: NA 041 RECOMMENDATION: oci 3 Council approve Resolutions 20l3- 2013-47-and 2013- approving the City of Seward's Calendar Year 2014 City, State and Federal Priorities. 1 City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page CALL TO ORDER The January 13,2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Dale Butts Christy Terry Marianna Keil David Squires comprising a quorum of the Council;and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent—Ristine Casagranda, Vanta Shafer CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Melinda Maddox supported Resolution 2014-010 before council tonight to upgrade the sidewalks and streets to make them ADA accessible. If not improved and up to the appropriate standards,people would have to use the roads as pedestrian walkways and that was dangerous. She asked council to also support Resolution 2014-002 which supported funding for transportation throughout Seward. Ron Billingsley stated he would like improved handicap accessibility in Seward and wider street parking so there was less obstruction. He pointed out some sidewalk issues around town and noted he could not enter a lot of businesses in town because of the poor condition of many sidewalks and steps. Jody Tuck, part of the Independent Living Center's LEAD Program (Leadership Empowerment Advocacy Development), would like to see Resolutions 2014-002 and 2014-100 approved. She thanked council for making handicap accessibility at the library and for bringing change and hope for a new future in Seward for accessibility. Rhonda Milton stated she was a resident in Seward. She used the Independent Living Center's taxi voucher program and without those vouchers her life would be extremely limited as she City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page does not drive due to illness. The vouchers were very helpful for people needing travel assistance. She used the free shuttle bus during the summer and it was a wonderful asset that she wished could go year round. Milton stated she didn't think the bus system would take away from taxi businesses. She encouraged council to pass the transit support resolution tonight and to please fix the sidewalks. Maureen Sheehan of the LEAD Program,agreed with the statements made about the poor condition of the sidewalks. She wished the bus would be able to run year round as well. Skip Reierson supported Resolution 2014-007 and noted it was surprising how little $3 million goes for improving roads. He supported the proposal to invest in automatic pay stations for the city campgrounds, but noted he didn't see a payback on the investment in any documents and thought it would be good to know what the cost savings were estimated to be. Reierson was appreciative of the comments regarding the sidewalk improvements. Regarding the truck purchase on the agenda, he was not sure who or what the vehicle was for, if it was for administration or the City Manager only. Brad Snowden addressed and supported the idea of having task forces. He stated the city could get more accomplished by appointing a task force on energy for Seward, for example. Snowden noted the longevity and the safety of the heated sidewalks and how much better condition they were in. He hoped council could find a way to support business owners buying into having heated sidewalks. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry/Keil) Approval of Agenda and Consent Agenda Terry noted she was a member of the Mariner's Memorial Project but received no compensation. Keil, Squires, Butts, and Terry stated for the records they were PERS eligible. Bardarson ruled a conflict did not exist. Motion to Amend (Keil/Terry) Amend Resolution 2014-007, making the following changes to the proposed road improvement: Fifth Avenue (Washington to Jefferson Madison Street), Approximately 4350 1800 feet by 60 feet, Cost$4-503000 $230,000. Motion to Amend Passed Unanimous Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2014-001, Adopting An Alternative Allocation Method For The FY2014 Shared \ City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area. Resolution 2014-002,Supporting The Top Transportation Priorities Established By The Local Transportation Committee,For The Purpose Of Pursuing State And Federal Transportation Project Funding. Resolution 2014-003,Accepting A Rasmuson Tier I Matching Grant#7382,In The Amount Of $20,000 Towards Completion Of The Seward Mariner's Memorial Project. Resolution 2014-004, Expressing Strong Support For Governor Parnell's Proposal To Appropriate $3 Billion From The Constitutional Budget Reserve Directly Into The Alaska Retirement Trust Funds In 2015. Resolution 2014-005,Authorizing The Creation Of A New Accounting Fund Of The City For The Purpose Of Separately Accounting For Financial Activities Associated With The Seward Community Health Center,Which Flow Through The City Of Seward. Resolution 2014-006, Amending The Participation Agreement With The Public Employees Retirement System(PERS),To Exclude Seward Community Health Center Employees From Participation. Resolution 2014-007, Defining The Scope Of Work And Supporting The Road Priority List That Is To Be Funded Using The Statewide Transportation Improvement And Federal Earmark Monies Administered Through Alaska Department Of Transportation And Public Safety. Approval of the November 12,2013 City Council Regular Meeting Minutes,the December 9, 2013 City Council Regular Meeting Minutes,and the December 16,2013 City Council Special Meeting Minutes. Continue the Port and Commerce Advisory Board for 2014. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Borough Assembly Report,Sue McClure stated said there was a discussion about trapping on the peninsula. An issue at the last assembly meeting was the ordinance that would have capped the senior citizen homeowner exemption total at$300,000,but the measure failed. The Seward Bear Creek Flood Service Area Board Hazard Mitigation Plan was going before the assembly at the next meeting, as well as releasing deed restrictions over at Spring Creek. The assembly passed a final legislative priorities resolution and most assembly members would be traveling to Juneau in February to advocate for them. There was a new flood service area board member to be seated at their meeting tonight. City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page City Manager's Report,Jim Hunt stated the following purchases for between$10,000 and $50,000 had been approved by the City Manager since the last council meeting:$42,000 to Harmon Construction for architect services on the Electric warehouse building; $15,500 to Construction Machinery for an excavator;$30,045.95 to Electric Power Constructors for transformer assessment; and,$45,000 to Platinum Capital for professional services to develop legislative economic goals and strategic planning. Seward's Federal lobbyist requested that administration draft a resolution containing Seward's top three capital priorities,ranked,for council's consideration.Assistant City Manager Ron Long testified at the January 7,2014 Kenai Peninsula Borough Lands Committee meeting regarding the reversionary interest in the parcel of land occupied by Spring Creek Correctional Facility. Administration requested the City Attorney review the proposed land lease/swap with the Alaska Railroad for parcels in the Harbor area where the east breakwater,J-Dock fish cleaning station,an d proposed Mariner's Landing development were sited. Providence Seward Medical & Care Center paid off all outstanding loan balances with the city. The city and Providence were reviewing the existing contract and would forward an amended contract to the City Council soon. Providence Alaska Region made a donation of$50,000 to the Seward Community Health Center(SCHC). The tentative start date for the new SCHC clinic was February 26,2014. Work on the Dairy Hill Drainage Mitigation Project continued with the results of an Invitation to Bid being that Metco,Inc.was the low bidder and was issued an Intent to Award.Work was expected to start in the spring of 2014, and Public Works personnel successfully lobbied the Seward Bear Creek Flood Area Board to financially augment the project. Staff met with M.L.Foster regarding the Lowell Point Sewage Lagoon odor problem and plans were being finalized for addressing the issue temporarily.A council-requested second opinion submitted by Dr.Lee Reid on the cause of the odor was received and a final report would be distributed by the end of this month. The opinion substantiates much of the M.L. Foster report. The renovation of the City Hall Annex (Old Library) was in full swing. The Polar Bear Jump-Off would be on Saturday,January 18, 2014. D float had been readied for that day thanks to the diligent supervision of Deputy Harbor Master Norm Regis. Harbor staff was starting the vessel impoundment process on three vessels:the Gipsy,the Elvi K,and the Revere, On January 8,2014,a five gallon bucket of waste oil was discovered on F Dock and it was determined rainfall had caused the bucket to overflow on the dock and caused a sheen in the harbor. State of Alaska Department of Environmental Conservation was contacted and complimented the harbor staff on the measures taken to resolve this issue. Hunt noted there was $17 million in the Governor's proposed capital budget for the local airport, and he was working to clarify what that money was specifically to be designated for. In response to Squires,Hunt said the contract for Platinum Capital was for one year. Electric Utility Manager John Foutz answered questions about the new Electrical Building Warehouse, stating architectural services were required for the land,according to the Building Department. The Electric Department was also issuing a Request For Proposals for the generation portion for both electrical and mechanical engineering of the building. t City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page In response to the mayor, Hunt stated funds for r the new Public Works Project Manager position were budgeted and available, but a more critical need was for an in-house maintenance person. Terry stated she would like to see this project manager position filled and inquired if the Public Works Department was fully staffed. Hunt said they were not fully staffed. Keil for recommended Hunt bring forward a budget revision or e critic bins maintenance person for council review. Bardarson reminded the public that the recycling ns were now out on the south harbor uplands and not at the chamber anymore. City Attorney's Report, Cheryl Brooking stated from November 21, 2013 through December 20,2013,the attorney continued to work with administration on issues such as personnel contract matters,leases,land use,potential lan d exchanges es with the railroad to come to council for approval,maritime liens,impoundment,utility ity ma tt and issues related to the Seward Community Health Center. Brooking clarified her statements at the Plast s ecial meeting on an existing agreement Council with the SCHC approved by council were not correct. ocil had not approved an agreement and so a new agreement would come forward between the city and the SCHC, not an amendment to an existing agreement. Brooking announced her firm hired a new attorney who would start work today. His name was Will Earnhart, and he brought with him many years of legal experience. Hunt noted he inadvertently omitted the following critical information from his manager's report.The Electric Department would be requesting proposals for osals fo the electrical engineering portion of the Electric Warehouse Building and listed the following scoring criteria for the proposals: • Experience 25% • Identification of the Project Team 15% • • Development of the Work Plan 15/0 • Resumes 5% • Price 25% • Deliverables 15% PACAB Annual Report. Vice Chair Darryl Schaefermeyer stated Chair Deborah Altermatt was currently on extended leave and was excused by the board. He thanked the council for continuing the board for another year. In 2013, PACAB.studied moorage rates in South Central Alaskan communities. PACAB met with the City Council at a work session in February and also hosted a separate meeting on the standalone gas line that same month. The board considered the possibility of waiving harbor passenger fees for student group trips,but that idea was not brought to fruition. PACAB recommended 2013 priorities for council and a d recommended waitlist recipients be given the choice to be notified electronically. The boar d reviewed public crane options and wanted to pursue a larger crane. PACAB had begun updating the Seward Small Boat Harbor Plan. Keil asked if they had been researching alternative energy, Schaefermeyer said that was on their priority list to look into and, although they had not been actively pursuing this topic, it was still on their plate. Other Reports,Announcements and Presentations I City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page Wrap-up presentation on the Seward Community Library Museum by Librarian Patricia Linville. NEW BUSINESS Resolution 2014-008, Compensating Metco Inc. $79,046.47 For Emergency Debris Removal And Disposal During The October 2013 Flood At Lowell Creek Outfall And Appropriating Funds. Motion (Terry/Keil) Approve Resolution 2014-008 Hunt said this was to compensate to Metco for services provided during the floods last fall. Funds for this expenditure were anticipated to be reimbursed by the State Department of Homeland Security. Motion Passed Unanimous Resolution 2014-009, Authorizing The Waiver Of Competitive Procurement Requirements And The Purchase Of Automated Pay Stations To Collect Daily Camping Fees,In An Amount Not To Exceed $96,524.21. Motion (Keil/Terry) Approve Resolution 2014-009 Parks and Recreation Director Karin Sturdy spoke in support of automated pay stations to improve efficiency. Checks were going away as new technology was coming in. Parks and Recreation started this experiment with parking and there was great savings with personnel and the machines worked well. She believed the pay stations would be cheaper than status quo, would improve customer service and would reduce Non-Sufficient Funds check fees. They would be incurring more costs with credit card fees and annual maintenance costs should be anticipated. At a minimum, Sturdy hoped to save $2,500 each year, and the Finance Department would be able to dedicate less time in processing campground payments as well. In response to Butts, Sturdy`stated the projected date of installation was May 15,2014,when the campgrounds were scheduled to open. She was optimistic they would be ready at that point. Squires asked if these needed any concrete pads for the machines. Sturdy stated they were small 2x2 foot pads, and that was included in the costs. Bardarson asked where they would be positioned. Sturdy responded the automatic pay stations would be near the current pay locations where located. Hunt noted these pay stations were anticipated to free up some full-time people but it would not diminish the personal touch that Parks and Recreation provided in the campgrounds. Motion to Amend (Bardarson/Terry) Amend Resolution 2014-009, adding an additional Whereas,"WHEREAS,the pay 11 City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39, Page stations are expected to pay for themselves in approximately five years and continue to provide annual cost savings through reduced staffing." Keil said it was prudent to waive the competitive bidding because of the existing relationship already established with the parking pay stations. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2014-010,Authorizing The City Manager To Enter Into A Contract With Harmon Construction Inc. For Sidewalk Improvements In The Amount Of $86,924.50 And Appropriating Funds. Motion (Keil/Squires) Approve Resolution 2014-010 Long said this was the beginning project for handicap accessibility improvements in Seward. Administration met with representatives of the,community to make sure they were addressing the most critical places first. Harmon was the successful proposer for this project. The completion date was June 1, 2014, but staff anticipated the work would be done before then. Squires stated the alley way access on the west side of City Hall was not included in this contract. He hoped access could be,included to improve access into City Hall. In response to inquiry, Long stated for the scope of this project they were not moving the handicap parking spots at City Hall. Motion Passed Unanimous Resolution 2014-011,Authorizing The City Manager To Purchase A Dodge Truck From Lithia Dodge Of Anchorage,Waiving Competitive Procurement Requirements,For A Cash Amount After Trade-In Consideration Of The Subaru Forester Not To Exceed$30,000,As Budgeted. Motion (Keil/Butts) Approve Resolution 2014-011 Hunt stated in March of 2013 he was in an accident in his current city vehicle. He said most employees preferred not to drive the vehicle since that time. As director of emergency preparedness, he acted as the incident commander and needed a more powerful vehicle. The vehicle before them was a 2013 truck with four-wheel drive. It could be used by other staff members and could have multiple passengers,as well as a camper shell to haul emergency gear. Hunt stated he solicited three quotes and received two responses. The canopy was included in this price. Butts asked if this would increase maintenance costs,Hunt didn't anticipate that it would and the truck came with a full warranty. The current vehicle had issues that were a cost to the city. 1� — - City of Seward,Alaska City Council Minutes Januaty 13, 2014 Volume 39, Page Bardarson asked why he didn't look at the state bid list. Hunt said this was as competitive as he could find. Bardarson felt like he needed a sport utility vehicle and not another pick-up truck in the fleet. Squires confirmed it was an automatic. Hunt anticipated sending the work of changing tires out to local vendors when they could. Public Works Director W.C. Casey said they were outsourcing numerous vehicles right now for tire changing. Terry was glad to see he was using the vehicle as a trade-in,and thought it would be a better value to the tax payers. Motion Passed Yes: Terry,Keil, Squires, Butts No: Bardarson Other New Business Mayor appoint a member of the Council to receive the completed evaluation forms and tabulate the results prior to the formal evaluation sessions for the City Manager,City Clerk, and City Attorney. Council Member Terry was selected to collect and tabulate the evaluations. Terry requested the evaluations sul?mitted to her no later than 5:00 p.m. on the Friday before each evaluation date. INFORMATIONAL ITEMS AND REPORTS Certificate 0/Congratulations awarded to retired Seward City Clerk Jean Lewis on earning the prestigious designation of Master Municipal Clerk (MMC) from the International Institute of Municipal Clerks. Providence Seward Family Care Clinic Closure Frequently Asked Questions. COUNCIL COMMENTS Keil stated Happy Birthday to the new library museum building. Council Member Shafer had been ill, but was improving. Permanent Fund Dividend forms were available at the local Legislative Information Office and encouraged p eople to come in and apply early. The State Legislative Session would begin January 21,2014and she hoped the city would be diligent in their lobbying efforts. Squires said at the end of last year and beginning of this year,a number of Seward families experienced many losses and he expressed his condolences to those families. He did agree with the selection of the pick-up truck tonight, an d Squires hoped the truck would be used for emergency response if the City Manager was to remain at the Emergency Operations Center in the event of an emergency. City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39,Page Terry gave her condolences dolences to the LeVan family and to the Bardarson family for their losses. Happy B She wished a appy hda to Assistant City Manager Ron Long and thanked the Port and Commerce Advisory Board for their support and the hard work they did for the community and council. Terry encouraged the community to go out and support the Polar Bear Jump Off Festival for the good cause and for the local businesses working extra hours. Butts gave a brief report on his travel to Anchorage for Newly Elected Officials training last November. He learned a lot and it was well timed with his appointment on council. He learned about the Open Meetings Act,acceptable dos and don'ts as an elected official and emphasized it was great to have this training. Later on this month, he would be attending the Kenai Peninsula Economic Development District's Industry Outlook Forum,as he was the City Council's appointed representative. Butts would be speaking peaking about the community economic outlook during his talk. He looked forward to doing some gpod networking as the Governor and several legislators would be there. He thanked the Fire Department and Jonathan Gage for the Angel Tree Program and would be working on the Polar Bear Jump Off Festival as well. Bardarson congratulated Retired City Clerk Jean Lewis on her achievement of Master Municipal Clerk, who earned this designation after retirement. She gave her condolences to the LeVan family and their loss. She wished Shafer a speedy recovery, and they would see her at the next council meeting. She thanked Seward for their support on behalf of the Bardarson Family. CITIZEN COMMENTS - , Joe Fong of Providence mike on the transition of the closure of the Providence Clinic to the opening of the new SCHC clinic. There had been a lot of work done and still to be done. Providence was working very ,fls 1 with the SCHC board and was learning how integral their policies were. There were lots o questions that Providence was leaving Seward,and Fong clarified that Providence was not leaving thOommunity. The lab,physical therapy,emergency room services and the Long Term Care Facility would still be in operation by Providence and only their clinic was closing. Fong also addressed the concerns of the gap from when the Providence Clinic would close and the SCHC Clinic wouIdonpen,which would be seven business days. They were evaluating some options of their staff in finding some staffing alternatives to help cover this gap. Another concern Fong Fong stated stated medical records would stay with Providence,and since the new clinic was a new business, the Health Insurance Portability and Accountability Act (HIPAA) prohibited Providence from releasing their records to the SCHC so patients must request the release of their records to the new facility. He appreciated everyone's comments, and believed this clinic was in the best interests of the community. Skip Reierson stated Council Member Terry did a good job "bird-dogging"the Electrical Warehouse Building project and wished they could get a project budget update for the public. He was happy for the Library/Museum and a successful i first year in their new building. Regarding the comments for the need of a maintenance person,Reierson was interested to hear more information and wished that would have been incorporated in the recent budget process last fall. Sharon Montagnino,Interim Executive Director of the SCHC,introduced herself and was there to answer any questions council had. She had fielded numerous calls on the closing o f the \CD City of Seward,Alaska City Council Minutes January 13, 2014 Volume 39,Page existing clinic and alleviated concern of the confidentiality of medical records. The SCHC was a separate new facility, and needed to follow the laws. Montagnino answered questions about the transition and the services to be provided, and noted those services were dependent on what the population needed. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Long stated the cost of operating the City Hall Annex (old library building)was discussed during the budget process,but since one of the occupants would be an enterprise fund,and the other a general fund occupant, the funding was tricky. They hoped to track everything for a year to determine offsets and costs and potential users to create a useful allocation methodology so there could be more data to work with. Terry wondered if administration could work with the Electric Department to get an updated grant development status of costs associated with the Electric Warehouse Building project. Hunt said he'd been speaking with Assembly Representative Sue McClure on World War II Veterans. Traditionally,the U.S.flags were given to the families posthumously. Hunt would like to work to create a venue to present fags to WWII veterans prior to their passing. ADJOURNMENT The meeting was adjourned at 9:00 p.m. Johanna Kinney Jean Bardarson City Clerk Mayor (City Seal) 4 of sett, j-4 P ■ AGENDA STATEMENT Meeting Date: January 27, 2014 \I , From: Johanna Kinney, City Clerk W Agenda Item: Non-objection to the Renewal o iquor License # 3909 for Three Bears BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the renewal of Package Store Liquor License # 3909 for Three Bears. 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 these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals. 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 renewal of Package Store Liquor License # 3909 for Three Bears. r MEMORANDUM Date: December 18, 2013 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For Renewal Of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Three Bears Type of License: Package Store License Number: 3909 Department nn ^^ Status Initials Finance/Leases l'I A c Finance/Utilities )416. Police Chief 6 Fire Chief OVA 1�/ KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 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 JOHNt BLANKENSHIP, MMC BOROUGH CLERK January 6, 2014 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage,AK 99501-1768 RE: Non-Objection of License Renewal Business Name Three Bears License Type Package Store License Location City of Seward License No. 3909 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. 'Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr cc: Applicant City of Seward KPB Finance Department File • ,,•-�'.o . ,°% Department of Commerce, titlittlt tt i a ! ) 2itF :Of-Obit i v 'lol)..1 ` of( f ,ASKA VI k I 31V T• 11 , E.. December 18, 2013 RE: Liquor License Renewal Notice Attn: Homer City Clerk Kenai City Clerk Seward City Clerk Soldotna City Clerk Kenai Peninsula Borough Clerk HOMER Typ : Beverage Dispensary Lic •' 2300 DBA 'me: Down East Saloon Premise Address: 3125 E End Road Owner: Down East, Inc. Mailing Ad. -ess: 3125 E End Road omer,AK 99603 Type: Beverage Dis r-nsary Lic #: 1085 DBA Name: Kharacte Premise Address: 3851 S elford Owner: L& , Inc. Mailing Address: '8 Shelford, Homer, AK 99603 Type: Be ;rage Dispensary Lic #: 98 DBA Name: The A i Premise Addr; s: 453 E Pi. eer Ave. Owner: Mix Rocks, LLC Mailing A.dress: 4525 Heidi ∎ourt, Homer,AK 99603 Type: Beverage Dispel ary - Seasonal Lic : 3174 D IA Name: Harbor Grill 'remise Address: 4262 Spit Road Owner: Don Jose's LLC Mailing Address: 2052 E Northern Lights Blvd., Anchorage, AK 99508 Renewal Notice 12-18-13 Page 1 Type: Restaurant Eating Place is #: 4475 D: Name: Magpye's Pizzeria Prei ''se Address: 34177 Sterling Hwy. Own Margaret K. Lupton &Jeffrey T. Clo r s Mailin• • ddress: PO Box 201, Sterling, AK 99672 Type: Restaurant Eating Place - Seaso r.a1 Lic #: 3647 DBA Name: Kenai Fjords Wilderness Loge Premise Address. Fox Island Owner: CIRI Alaska Tourism C r rporation Mailing Address: 2525 C Street, Ste. 501 Anchorage,AK 99503 Type: R. taurant Eating ''lace - Seasonal Lic #: 38 , DBA Name: Kena Backco try Lodge Premise Address: South • ore .kilak Lake Owner: Alaska • gland Adventures Inc. Mailing Address: PO Box :1, Girdwood,AK 99587 Type: Res ,urant Ea g Place—Public Convenience Lic #: 47:2 DBA Name: ' gfisher Roadho se Premise Address: 19503 Sterling Hwy. Owner: Kingfisher Roadhouse LC Mailing Address: PO Box 538, Cooper La sing, AK 99572 Type: Winery Lic #: 5188 DBA me: Alaska Berries Pre ' e Address: 48660 W Poppy Lane Ow'er: Alaska Berries LLC Mailing Address: 48660 W Poppy Lane Soldotna A SEWARD Type: Beverage Dispensary Lic #: 4617 DBA Name: Chinooks Waterfront Premise Address: 1404 Fourth Ave. Owner: Aqua Pesca, LLC Mailing Address: PO Box 2327, Seward, AK 99664 Type: Package Store Lic #: 3909 DBA Name: Three Bears Premise Address: 1711 Old Seward Hwy. Owner: Three Bears Alaska Inc. Mailing Address: 445 N Pittman Road, Ste. B, Seward, AK 99623 Renewal Notice 12-18-13 Page 5 r' of Sess. evi 11. 411.4 .0" AGENDA STATEMENT Meeting Date: January 27, 2014 From: Johanna Kinney, City Clerk Agenda Item: Non-objection to the Renewal o iquor License # 3021 for Marina Restaurant BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the renewal of Restaurant/Eating Place Liquor License # 3021 for Marina Restaurant. 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 these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, 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 renewal of Restaurant/Eating Place Liquor License # 3021 for Marina Restaurant. " ei4 of sett._ 40110 MEMORANDUM Date: December 18, 2013 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Toni Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk\Oft RE: Verifying Compliance For Renewal Of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Marina Restaurant Type of License: Restaurant/Eating Place - Seasonal License Number: 3021 Department Status itials Finance/Leases ja( ni) Finance/Utilities 00- Police Chief Or- Fire Chief -J•7) • t • KENAI PENINSULA BOROUGH ji 1 " 144 North Binkley Street • Soldotna, Alaska 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, MMC BOROUGH CLERK January 6, 2014 Ms. Christine Lambert Records &Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501-1768 RE: Non-Objection of License Renewal Business Name Marina Restaurant License Type • Restaurant Eating Place—Seasonal License Location • City of Seward License No. • 3021 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr cc: Applicant City of Seward KPB Finance Department File r •<� r H s'('.� '1'1' Department o Commerce, Coos p and ��,C()�1t}nde D .'1'd'1�t1i�►i >s l Al 011101JC [3! \`I k ;l )\: i-lwi •, , ,. : ie �n� E' i ira; %I F• December 18, 2013 RE: Liquor License Renewal Notice Attn: Homer City Clerk Kenai City Clerk Seward City Clerk Soldotna City Clerk Kenai Peninsula Borough Clerk HOMER Typ': Beverage Dispensary Lic 2300 DBA ame: Down East Saloon Premise ' ddress: 3125 E End Road Owner: Down East, Inc. Mailing Ad. -ess: 3125 E End Road omer, AK 99603 Type: Beverage Dis r-nsary Lic #: 1085 DBA Name: Kharacte Premise Address: 3851 S•elford Owner: L& , Inc. Mailing Address: '8 Shelford, Homer,AK 99603 Type: Be ;rage Dispensary Lic #: 98 DBA Name: The A i Premise Addr; s: 453 E Pi. eer Ave. Owner: Mix Rocks, LLC Mailing A.dress: 4525 Heidi li ourt, Homer, AK 99603 Type: Beverage Dispe ary - Seasonal Lic -: 3174 D IA Name: Harbor Grill "remise Address: 4262 Spit Road Owner: Don Jose's LLC Mailing Address: 2052 E Northern Lights Blvd.,Anchorage,AK 99508 Renewal Notice 12-18-13 Page 1 .4. Type: Restaurant Eating Place—Seasonal Lic #: 3021 DBA Name: Marina Restaurant Premise Address: 1321 Fourth Ave. Owner: C Scott Bald Mailing Address: PO Box 845, Seward,AK 99664 Type: Restaurant Eating Place—Public Convenience Lic #: 5007 DBA Name: Terry's Fish & Chips Premise Address: 1403 Fourth Ave. Owner: Terrance F. Lee Mailing Address: PO Box 1987, Seward,AK 99664 TNA Type: Beverage Dispensary Lic #: 102 DBA Name: Don Jose's Soldotna -emise Address: 44109 Sterling Hwy., Ste t er: Ernesto Sanchez Ma* • t Address: 44109 Sterling H , Ste. B, Soldotna,AK 99669 Type: Brewery Lic #: 4546 DBA Name: Kenai Riv r Brewing Co. Premise Address: 241 A spen St., Ste. 100 Owner: Ken.• • *ver Brewing Company Mailing Address: e Aspen St., Ste. 100, Soldotna, AK 99669 Type: Resta -ant Eating Place Lic #: 5117 DBA Name: Odie's Premise Addre:s: 44315 Sterlin• wy. Owner: Melodic Syming •n Mailing A.dress: 44315 Sterling H Soldotna, AK 99669 Type: Restaurant Eating Place Lic °: 5177 D.:A Name: Pizza Boys remise Address: 44686 Sterling Hwy. Owner: Pizza Boys, Inc. Mailing Address: PO Box 4163, Soldotna,AK 99669 Renewal Notice 12-18-13 Page 6 Agenda Statement e of sets. Meeting Date: January 27, 2014 .k `t40 0 CI> 13 From: City Clerk Johanna Kinneyt ■4■‘'.> Agenda Item: Deem council seat vacant a a ertise vacancy BACKGROUND & JUSTIFICATION: With the sad passing of Council Member Vanta Shafer, today her council seat will be deemed vacant. Pursuant to Charter 2.13,the city council has 30 days from today to fill the vacancy by appointment. The notice of vacancy will be published in the January 30,February 6,and February 13,2014 issues of the Phoenix Log with applications, financial disclosure statement, and letters of interest due February 17,2014. Appointment will then be set on the February 24,2014 council agenda for a vote, with seating to occur January 23, 2006. The person who fills this vacancy must be an elector of the city, and shall have resided in the city continuously for a period of not less than one year immediately preceding the date of filing. Copies of the pertinent Charter sections and codes are attached. RECOMMENDATION: Deem the seat vacant and instruct the Clerk's office to advertise and solicit applicants with a due date of February 17, 2014. The City Charter: 2.13 Filling vacancies..—__ (a) If a vacancy occurs in an elective office, other than a vacancy occurring from a recall: (1) If the vacancy occurs more than two weeks before the last time for filing for the offices to be filled at the next regular city election,the council shall fill the vacancy by appointment within thirty days,with the person appointed serving until the next time when terms of elective officers begin.If the unexpired term of the vacated office extends beyond the next time when terms of elective officers begin, the office shall be filled for the remainder of the unexpired term at the next regular city election. (2) If the vacancy occurs no more than two weeks before the last time for filing declarations of candidacy for offices to be filled at the next regular city election,the council shall not fill the vacancy until immediately after the council organizes following such regular city election,and the council then shall fill any such vacancy by appointment for the remainder of the unexpired term. (b) If a vacancy occurs in an appointive office, such vacancy shall be filled within ninety days thereafter in the manner provided for making the original appointment. Such time may be extended for not to exceed an additional ninety days by council resolution setting forth the reasons therefor. The City Code: 2.10.050. Vacancy on council. 1111 (a) In the event any member of the city council departs from the city with the intent of remaining absent for more than 90 days, or shall have failed to attend meetings of the council for a period of ninety consecutive days, or shall have attended less than five of the meetings of the council during any continuous period of five months,the council may declare the office of such member vacant. (b) With the concurrence of two-thirds of its members,the council may expel one of its members for a conviction of a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56 as a corrupt practice. The council shall consider that conviction during the first meeting following final determination of the conviction. (c) A vacancy on the council also is created by the resignation of a councilmember in writing approved by the council, the death of a councilmember, the removal of a councilmember from office by a court of competent jurisdiction,or a failure of a councilmember to qualify for office within ten days from the date of certification of the member's election. (d) If a vacancy occurs on the council, other than a vacancy occurring from a recall, the vacancy shall be filled as provided in section 2.13(a) of the Charter. (e) The council shall be the sole authority for determining the qualifications of its members. City Council Rules of Procedure: FILLING COUNCIL VACANCIES RULE 37. If a vacancy occurs in the office of Council member,the Council may elect some qualified person to fill such vacancy, the person elected shall hold office until a successor is elected at the next regular election and properly qualified. In order to fill the vacancy with the most qualified person available until an election is held,the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. Each applicant will make a presentation to the Council regarding their qualifications to serve. The Council will then vote and sign ballots provided by the City Clerk. The City Clerk will read each ballot aloud,will tabulate the votes and announce the results to the Council. The Council may then,by motion and voice vote,affirm the appointment of the candidate receiving the highest number of votes(must have at least 4 per SCC 2.10.050). For time frames during a recall of an elective officer, and when vacancies can be filled, see City Charter sections 2.12 and 2.13. 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