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HomeMy WebLinkAbout11102014 City Council Laydowns 11/1j4 r s Y Communit of Seward is invited to Celebrate the Season .. AtteLibrary ' LiseUm ' "" More information is available on the friends website: www.friendsofsclm.orti `j � o t* 7 November 15th bye - V Saturday afternoon :w 1pm 4 pm ` '�# • Free Museum Admission , M 1 a ., • Family Story Time/Poetry & Short Stories ,40.. " -- Tya '_xr • Kids' activities Cave entertainment by Seward's • Refreshments & Entertainment Blackwater Railroad Co. • Tours of the Library Museum • And more! , r B l , *Bring a can of food to help support our local food bank! a... W_Ali L._ Sponsored by: z- �`� Corm City of Seward G-) Friends of the Seward Library �' ` Resurrection Bay Historical Society I 6/.aryMuse) 00//-r kit Comment about Work Session October 6, 2014 I sympathize with Scottie trying to sell his business. I remember well when I was in that situation trying to sell my building without access to it. It soured several buyers.But I was lucky. My neighbor,the Breeze Inn bought it. Urie Mindenburg, simply took down the cyclone fence to move freely between what is now his 2 businesses. (the Breeze Inn and Summer Breeze) I now have nothing to gain by championing this issue of the city re-structuring the leases along that easement between 4th Avenue and 3rd Avenue. But my memory of trying to run a business and not being able to drive my car to the service door is like opening an old wound. And I would hate to see anyone go through what I did during that painful time. (An owner's car is also a delivery vehicle). Scottie allowed me in and out,but then I was blocked by our mutual neighbor, Dan Lorz. I never could understand why the City thought that blocking an easement was Ok. I listened with great interest to the work session Monday night(10-6-2014). The man wanting to purchase the Marina Restaurant was down-playing the enormous inconvenience of not being able to access one's business at the back door. He almost bragged about how many businesses around town have that situation and have to find ways to cope with it. The fact that other businesses do not have access to their service doors does not make it right. It is a severe inconvenience and it is caused by poor planning. Here is our city's opportunity to correct it in at least one area. I applaud the city in its efforts to find a compromise agreement to encourage the sale of the Marina Restaurant. But a compromise is 2 sided. The goal is to provide access for business owners, deliveries, waste management ,utility and emergency vehicles, and not clutter up the already grid-locked 4th Avenue with double parking. Bringing merchandise through the front door disturbs the ambiance of a business and inconveniences customers. Front doors are not designed for deliveries. They are designed for customers. When or if Urie Mindenburg decides to sell the old Bardarson Studio building,the problem will be back to haunt us. We need to look down the line. Think city planning! Think Righting a Wrong. Think future. Dot Bardarson I110 4 /11-13 Resolution 2014-076 Public hearing City Council Meeting: September 22, 2014 Introduce self with address Ask: Did anyone not get a chance to read the letter I sent out yesterday? As a former business in the harbor area, I am passionate about having delivery access at the back doors. For 16 years I did have access at my art gallery, Bardarson Studio, where we received freight and shipped out orders. We also parked our cars there. This was because of an arrangement I had with the 2 adjacent businesses to the North. This worked well until one of them became belligerent and refused to allow anything on wheels to pass behind his building. He even charged a$200. fine for 1 "trespasser" and put up a barricade so that person couldn't drive out. I paid the"fine" and he removed the barricade. Scotty Bald got so mad at his friend that he barricaded him. It was pretty awful. Bringing boxes in through the front door was totally disruptive to the ambiance of my art gallery, and my neighbor's shouting and expletives contributed to its total destruction. I decided to sell the building. Urie Mindenberg bought it, the owner of the Breeze Inn. That worked well for me because I had already had trouble selling the building because there was no service access. Urie created one through the Breeze Inn and that worked well for him. But when The House of Dimond Willow sold to the Darlings, Urie would not give them access. So now the garbage truck has to park on 4th Avenue and send a guy to walk from the front of the building to the back to pick up the trash. I believe at the time of the sale, the City wrote into the lease agreement that the Darlings would have to give access to Urie's building. And that was a good idea. As I understand the only time a change like that can be made to the lease is during a sale. You have that opportunity now, because the Marina Restaurant has found a buyer. The lease needs to be re-structured to allow access to the other 2 businesses. What will this do? It will allow efficient services to the back entrances—like deliveries, shipping out, emergency vehicles, garbage pick up, utilities, and parking for the owners. Have I left anything out? Access worked for 16 years, but failed because one person stopped it. Had there been an alley back there, it would have worked forever. 01- 4 1,6(1i4 Aft Nov. 10, 2014- Note to Planning and Zoning: This is the un-edited letter I presented to the Seward Police during the turmoil over access to Bardarson Studio Summer of 2005. I believe in letting the police know when there is a potential for violence, so I submitted this to Police Chief, Tom Clemens. He came to hear me out in privacy at Bardarson Studio and wanted to know f I wanted to press charges. I said, "No. I just want the police to be aware of the situation in case something comes up later." Problems with Dan: July 21, 2005 History: The plat of our property in the boat harbor does not include an alley. I didn't realize this until we had built Bardarson Studio. We lease the property from the city. Jerry Lorz and I divided the lot so each of us could have half for our buildings. We share the front deck, designed to encompass both businesses. We also share the common problem of having no access to our businesses in the back. There is a utility easement only, with a cyclone fence running down the middle of it. ('m not sure about the exact outline of the easement but its not wide enough for a vehicle) Nevertheless it became apparent from the start the need to negotiate with the business on the corner to allow our cars to come and go through the back of their property. We have been using this route since 1988. In 1997 I began to pay House of Diamond Willow and the Marina Restaurant (then owned by Joe Kim) $240 a year each for the privilege. House of Diamond Willow also paid the Marina Restaurant$240.00. This has enabled us to park several cars behind our buildings and receive deliveries. 3 years ago I discovered a speed bump , placed there to slow down the comings and goings of my then mail clerk, who left for college two days later. We endured the speed bump without complaint to him. Scottie Bald was the owner of the Restaurant. Through the years we have had our ups and downs but have developed a friendly and respectful business relationship . Many times Linne and I have eaten at Scottie's and many times we have sat with Dan and Linda on their deck to talk shop, usually with great laughter and good spirits. We have shared expenses and labor on maintenance of the deck, decorations, flowers, and freight to send our fish lamps back to the factory for repairs. But this year is different. The first indication that I had that we had trouble was when I drove in and found one of my teen-age employees being chewed out by Dan for driving too fast across his property. She had just gotten the same scolding by Scottie. I came upon the scene and asked her what was going on and I explained to her that it was a privilege to park at Bardarson Studio and that the men were very sensitive to speed. I told her about the speed bump and how inconvenient it had been . She said she wasn't driving fast but I told her to slow to a crawl. The next day there was a metal barricade placed on the property line between the Restaurant and House of Diamond Willow which disappointed me,but did not prevent us from navigating around. Dan and his wife had to negotiate it also. So I had all of my employees sign a card that I made for Scottie (See attached). I asked my bookkeeper if we had paid our access fee yet, and she said,no,but we usually did this in July, so we cut the checks to the Marina and the House of Diamond Willow for$240. I took the card and the check over to Scottie and we had a nice chat, talking about employees and how hard it was to get the word to everyone about issues like this. Once more we parted friends. In chatting with Dan I discovered that he was the one to put up the barrier. His wife, Linda, said she told Dan to go easy on the girl—she's just a kid,first job. We talked about access and parking . Dan said, when we don't have any access, we can put in a lawn back here. I countered with "umbrellas and tables and lawn chairs." And Linda came up with the idea of"outdoor seating in the back for the Marina restaurant." We laughed heartily and everything seemed to be back to normal. I took a copy of the card I'd sent to Scottie over to Dan and Linda. A few days later my grand-daughter came to my office to show me the quilts she was making for autistic children. The office was full of staff as we were getting ready for our closing sale at Bardarson Studio, including the professional consultant who was working at the computer. All of a sudden, Dan came roaring up the stairs with the foulest language I have ever heard roaring his "F' word epithets throughout the gallery. I said to Cedar, "Did you drive into the back?" She said, yes, she always does. Unfortunately we were all laughing at something at the time, and Dan took it to mean we were laughing at him. He left and then roared up the stairs again in a total rage. I went out and chased Dan into his store and said, "Dan, we have to talk." He continued to rage on in his own store and then outside. As we passed their front counter I caught Linda's eyes and an expression that I'll never forget—one of cowering. It was a shared moment. Dan went into a tirade about my employees stirring up dust with plenty of expletives. He said I was ruining his friendship with Scottie, that he used to eat there 3X a day and now he doesn't dare go over there because Scottie will bend his ear about our driving through. He doesn't sleep at night thinking about how mad he is. That's all he can think about all the time. He didn't want anyone parking back here, even his wife. I said, "Dan, we really need access. Amber brings freight in from the post office and takes customer mail- outs to the post office." I really begged him to reconsider. He finally agreed to let Amber, Dori, and myself come and go if I would put up a sign saying Absolutely no cars • in here except for Amber, Dori, Dan, Linda, and Dot. I made one immediately and attached it to the barricade. I have always considered myself the great negotiator,but this was almost beyond me. Dan added a rusty chain which now had to be unleashed and reattached everytime we drove through. On my way out that night Scottie came over to my car to talk with me. "So its come to this,"he said compassionately and shaking his head. Now it seemed Scottie was sharing my distress. We talked for quite a while before we parted smiling. The next morning the sign was on my back deck. The strings had been cut. I couldn't figure out if a vandal had done it or why would Dan take it down. I almost put it back up, but soon I saw Dan putting up his own sign which now reads "No Trespassing - $200 fine." He called me later in the day. This time he wasn't shouting. He would only let Linne and me drive back there. I told him we could live with that, and he expressed interest in continuing our friendship. I love you and Linne, he said. Well, we love you too Dan. We've had a lot of good times together. July 21: Opening day of our Closing the business Sale My grand-son Leif came up to chat with me in the office, visits which I cherish. Again, the roar, "Dot, you get down here right now and whoever else is with you." I asked Leif, "Did you drive in here?" "Yes,"he said. "Didn't you see the sign?" "Yes,but I didn't think that applied to family." Dan went ballistic. He shouted, "It isn't working. Nothing works. You owe me$200. "I said to Dan, "He's not going to pay you $200." Dan shouted, "Then he isn't going to drive his truck out." I looked over and saw that he had managed to park 2 vehicles at the chained entrance blocking the path. I went inside and wrote Dan a check for$200.,took it over to the House of Diamond Willow and gave it to the gal at the front desk. Pretty soon the trucks were gone and Leif was able to exit. When I left for the night at 9pm 2 pickups were blocking the entrance to Scottie's restaurant. In order to get out I had to drive across the sidewalk. We now have no access to the back of our building. But that is not why I am writing this. I am concerned about Linda. I haven't seen her for days. Dan is volatile. I worry about my own safety and my employees. I feel that Linda should be checked on, maybe by a neighbor or friend in Moose Pass. And if anything violent should occur I want the police to be aware of these events. 1116/1 City Council 5 minutes 11/10/2014 Lynda Paquette, individual citizen speaking just myself Mayor, City Council, Administration, Members of the Public I've spoken to you in the past about not understanding how this governmental process works; and I've shared my concerns over low voter turn out and community involvement, and a feeling of being disenfranchised. This body, each of you, were elected to, as I understand it, represent the people of Seward, which I also understand to mean, all of the people of Seward. But on 10/13 you took on a contentious subject, Prop 2, you invited only one side of the story to speak to you as a part of your meeting (the No side), and then without any public input, without hearing an equal presentation from the Yes side, you passed a Resolution in support of the Speaker. We all know how the vote went Statewide, it passed -- but if we look at the data of how the Seward District voted, Prop 2 passed, with 59% IN FAVOR of Prop 2. I am here,trying to understand how this government works, and I'm so confused! How was what went on here on 10/13 "government for the people, by the people?" I may be mistaken, but I suspect that this kind of thing may have something to do with low voter and citizen involvement and feelings of being disenfranchised. The messages that get sent to the public from this City are confusing. We live in one of the most beautiful places on earth, and in some ways, it seems as if the underlying attitude of the City, is that the scenery should make up for all of the rest of it. "We're going to to what we want." The City website, and the City Charter convey no apparent heart to me. Yes, there are lots things listed and a pride, but there's no sense of caring that comes through. You all, individually, and as a group, appear and come across as caring individuals, but that does not make it out into the world on a daily basis for the people to see. Your "public face" (website, roads and sidewalks, lack of maintenance across the board) reflect a different attitude. I share this because I'm not sure you realize it; I don't know if you see it. Many of you who have lived here most of your lives are a part of the group that is cared for by the others; but the general public does not receive this same attention. Certainly as one of your customers, and a neighbor who has suffered at the City's hand due to lack of maintenance of your infrastructure, and how have been put off by your staff for 2 years now, I don't feel cared for. (Especially given the weather we've had this fall. We could be done talking about this Lagoon if the Staff had been willing.) There are groups in this town that want to do great things; perhaps garner National or International attention, for positive things, wonderful things .... but before people start looking at Seward with a magnifying glass, I'd like to suggest Seward consider defining itself with a look to the 21st Century. Who and what do we want Seward to be and become? How do we accomplish that fairly, while truly representing the people? And in direct response to Prop 2, please do not rush to opt-out because a few powerful people in town tell you to; you have an obligation to also represent the 59% of the people who are in favor of the legalization. I hope that no one feels as if I am throwing bricks, for that is in no way my intent. My intent is to be laying the foundation for the beginning of a discussion whose time seems to have come. I hope to be watering the seed of positive change. My desire is to live in a world that works for everyone. No one said it would be easy; but I feel obliged to try. Thank you. )1116//4 City Council Meeting 3 Minutes 11/10/2014 Mayor, City Council., Administration, Members of the Public Lynda Paquette, Lowell Point, AK ANGEL Care, Inc. On behalf of the community of Lowell Point, I wanted to give you a report, and check in with you, on the status of the upcoming dredge of the WWT Lagoon on Lowell Point. First we want to let you know that while we have not suffered Hydrogen Sulfide fumes for some time now, we are NOT enjoying fresh air either. Most of the time, somewhere on the Point, there are odors that range from stinking garbage to dirty Laundromat smells. The Lowell Point community continues to be robed of the quality of life they are entitled to. We want to be sure that just because you've contracted with a vendor to do the work, that the people's suffering, and the impact of the situation, be not minimized or overlooked, and that plans and necessary paperwork are continuing to move along. DEC met with us on 10/28/2014 prior to their meeting with City staff. We understand now that, according to DEC, the plans are for all the sludge being removed, to be taken to the Central Peninsula Landfill. We have confirmed this with Jack Maryott, and also confirmed that regardless of how dry the material is, there will still be limitations on how much sludge can be received on any given day. There may be days that no sludge can be accepted. According to DEC, they are unaware of any plans for dredge material to be taken north to any Peony fields, but if that were the case, a Land Use Permit would be required; no Land Use Permit has been applied for by the City or Vendor. DEC suggested to us, that it would be a really good idea for the City to apply for a Land Use Permit, even if not 100% sure of it's need - in the event there was a problem in Soldotna at the Landfill, it would be of great assistance to the city to have that permit.. We are also anxious to hear when the special equipment is expected to arrive to be staged so it will be ready for warm enough weather to begin. Thank you. 1 \ Iai4 Johanna Kinney From: Johanna Kinney Sent: Friday, November 07, 2014 4:53 PM To: Christy Terry; Dale Butts; David Squires;Iris Darling;Jean Bardarson; Marianna Keil; Rissie Casagranda Cc: Brenda Ballou Subject: Monday's Executive Session Council, Just to clarify,your agenda item listed in the special meeting packet to go into Executive Session was specifically requested by administration and agreed with by the attorney. In my absence, my office appropriately recommended the executive session topic be noted with more detail for the public but not to give away the merits of what would be discussed just as I would have. That recommendation was not followed. Our past attorney has emphasized the importance of providing some detail as to why the City Council would be entering into a private meeting, and it's been the past practice in the city to do so. In a legal sense, it's important to provide the public with the information they are entitled to (especially when you are about to go behind closed doors). From a historical standpoint, it's important to have a good record of the events/issues/discussions the governing body has. Since publishing the agenda for your special meeting, I have had several inquiries as to what this is regarding, including from the Anchorage media. If this legal matter is indeed involving the recent lease assignment in the harbor, I highly recommend you make specific h)note of it in the record, better yet you could revise your motion to go into executive session (the last executive session :.� title was: "Go Into Executive Session To Discuss Matters Pertaining To Threatened Or Pending Litigation Regarding The \- * Consent To Assignment To Seward Lodging III, LLC To The Lease Agreement 04-017 With Charles S. Bald, For 8,357 Square Feet, Lot 6, Block 1, Marina Subdivision, Kenai Peninsula Borough Plat S-51, Seward Recording District, Third Judicial District, State Of Alaska."). That way it is clear the purpose of the executive session and it is clear if council members need to be excluded from the conversation due to a conflict of interest. As your clerk,that is my recommendation. This may conflict with administration and the attorney, but it is my recommendation none the less. Have a nice weekend and see you Monday! Johanna Kinney, CMC ' City Clerk,City of Seward Post Office Box 167 Seward,Alaska 99664 p:907.224.4045 e:clerk@cityofseward.net f:907.224.4038 w:www.cityofseward.us 1 New Reply Delete Archive Junk Sweep Move to Categories (tit( l4 Iris Darling • Search email p Re: Easement in Harbor M ``� Your Files Folders Margaret Anderson (maand@arctic.net) Add to contacts 11/10/14 Across Inbox 132 To: Iris Darling Devices Junk Hi Iris- Received your e-mail and put together this letter. You could take it to Joanna and have her give a Drafts 5 copy to each council member. I have a Telephone Meeting tonight at 5:30 so can't attend & don't plan on �� Sent leaving the house today. Deleted Mayor & City Council City of Seward Charlie in NZ PO Box 167 Forget about AMERICAN E... Seward, Ak. 99664 thumbdrives. Upload your docs to OneDrive AAFES 1 from your inbox. Subject: Lease Agreement 2004-017 ANCHORAGE ... Resolution 2014-076 APPLE 3 AVANTI Dear Members– For years I have been following the access easment issue on the 3 parcels of property involving the Marina Resturant– House of Diamond Willow and (previously) Bardarson Studio, located in B of A Alerts ... Learn more the Small Boat Harbor. The Council had the opportunity to correct this issue under Resolution 2014-076 BANKAMERIC... when you authorized transfer of the lease (Marina Resturant)to a new owner. Under threat of litigation, BUSCH AND 5... you took the easy way out and did nothing. This issue is only going to escalate into a much more serious problem in the future. It should be addressed now, not 35 years from now. Please take THE RIGHT ACTION carpiagiana and rescind Res. 2014-076. There are opportunities within the lease agreement to address the easement CHARLIE 29 issue—at the time of transfer—and now is the time to do so. cheap oversea... contacts Margaret Anderson Delta From: Iris Darling Sent: Monday, November 10, 2014 11:38 AM Don Darling To: ‘aand@arctic.net DORENE 5 Subject: FW: Easement in Harbor energy audit © 2014 Microsoft Terms Privacy&cookies Developers English (United States)