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HomeMy WebLinkAbout08142006 City Council Minutes City of Seward, Alaska AURust 14, 2006 City Council Minutes Volume 37, PURe 208 CALL TO ORDER ..... The August 14,2006, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson Dorene Lorenz Steve Schafer Robert Thomas comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney -- Absent - None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards- A memoriam was read for the family of Bruce Sieminski. A proclamation was read for Founders' Day. Borough Assembly Report. Borough Assembly Representative Ron Long stated after many public hearings, the material site revision ordinance was finally passed August 1,2006. A dewatered bar exemption in Seward was still in place. This change only applied to new sites in the area, with prior existing uses not affected. $2.5 million in education capital general obligation bonds would be on the October ballot. Long said the Assembly would open bids on the Spruce Creek Bridge project, and disposal and demolition bids for the Seward Middle School. They were also considering an ordinance to appropriate $400,000 for an education lawsuit. ... City Manager's Report. City Manager Clark Corbridge would be meeting with Scott Walden, the coordinator ofthe Kenai Peninsula Borough Office of Emergency Management about various flood-related concerns. He introduced the newly-hired Planner Scott Williams. City afSeward, Alaska A u~ust 14, 2006 City Council Minutes Volume 37, Pa~e 209 Electric Department. Corbridge stated the City had begun receiving reimbursement from the State of Alaska for expenses incurred during last year's avalanche. Norcon had begun work on the ..J transmission and distribution line relocation as part ofthe Mile 0-8 repaving project. He stated the department had recently completed its expedited estimate process for the Spruce Creek Bridge proj ect and noted September 15 was the deadline forrequesting other electric work to be completed by fall. Finance Department. Corbridge established the budget kick-off work session would be September 5. They would provide an update on the City's financial condition, discuss major budget policies, general assumptions, and receive input from Council on specific programs and services. With the current audit contract expiring after completion of the 2005 audit, an RFP for the procurement of auditing services was being prepared. Harbor Department. Shop drawings and calculations by Transpac were approved, and construction ofthe dock system components had begun. The permitting process was underway for the I and T -dock, bulkhead and travelift dock. The area had been dredged, surveyed, and core samples drilled. Corbridge also stated the Corps of Engineers had accepted the final survey of the dredged basin and entrance, which allowed the city to receive the final $130,000 of the $1.3 million grant from EDA. Design was underway for the south harbor floats installation and uplands work, and the new Derby booth and section of boardwalk was just completed. Corbridge informed that Harbormaster Scott Ransom had taken staff members ofthe Senate Commerce Committee on a boat tour of the harbor and SMIC area, and discussed problems and needs with them. ..... Corbridge explained in detail, the timeline regarding the purchase of the land from the Salvation Army for the new library/museum complex, and stated most of the delays stemmed from personnel changes and a shortage of funds. He also defined "easements" to appease public questions. Parks & Recreation Department. Summer attendance at the TYC had increased by 288 students over the previous high. Campground revenue brought in over $135,000 and parking lot revenues $55,800. The department was working with the Seward Mural Society for work on the next selected site of Kawabe Park. Corbridge had met with Jim Kubitz ofthe Alaska Railroad (ARR) on the future development of the area in the vicinity of the boat harbor "sliver." Development hinged on the vacation of the Coast Guard from their building. The ARR would begin developing next year's capital budget in about 4-6 weeks. Long-Term Care Facility. A tentative schedule was developed for critical events to happen during the next three months. The project was on track to be completed the latter part of2007, being now 2-3 months behind schedule. In response to questions from the council, Corbridge explained the two year budget would be ~ presented at the upcoming work session. He informed that the community questionnaire by the .... VISTA volunteer had went in the mail, and stated there was no schedule of side roads to be paved yet from QAP, as they were working diligently to finish paving before the derby. - - .... City of Seward, Alaska AUKust 14, 2006 City Council Minutes Volume 37, PaKe 210 City Attorney's Report. City Attorney Cheryl Brooking gave a synopsis of activity they assisted with from the period June 21 to July 20 2006, consisting of general matters of drafting contracts, various harbor expansion matters, proposed resolutions, ordinances and leases. They also worked on employment issues, platting, and continued litigation with the vacation of Washington Street. Brooking stated a final judgment in favor ofthe city was received, attorney fees and costs were requested, and they had opposed a stay with the Supreme Court. Since then, they had been successful in opposing the stay, the request for attorney fees was denied, and their request for costs prevailed. Brooking stated they sought and obtained a restraining order preventing construction on a city easement. Brooking wanted to point out a few items in the memorandum of desired policies prepared by SAAMS that was printed in this packet, and requested direction from council. .:. There had not been any negotiations or changes on the existing document as yet. .:. She needed direction from the council on what their essential goals for the city were. .:. Clarify and clearly articulate the relationship, authority, and responsibility between the Alaska Sealife Center, SAAMS and the City. This would also affect how money was passed through, who would be entitled to subleasing monies, and utilization ofthe building after the lease had expired. .:. Whether all subleasing monies could go to SAAMS to further their mission. Special permission was needed to do this now. .:. Three reserve funds currently required. The Operation fund, the Termination fund and the Renewal and Replacement fund. There were some changes being proposed here. 1. Change the amount in the operation fund from being determined by a 3rd party independent at SAAMS expense. 2. Annual maintenance contributions for deferred maintenance increases. They have a change to build this fund back up. 3. Difference in operating expenses to be set aside in an operating reserve fund. .:. PILT and audited financial statements would continue. .:. It was SAAMS intent not to change the requirements that bind the city in regards to the Cooperative Agreement with ADF&G. .:. Confirm the city's role in the operations of the ASLC as only oversight and protection of its own interest in the ADF&G operating agreement. .:. SAAMS was in agreement to certain provisions ofthe termination fund and commitments to keep the facility operating for a period of time if the operator walked away as currently stated. .:. No changes were being proposed to the tidelands lease amendment, although sought direction whether to remove the rent received of$8,000 a year and allow subleasing. .:. Input needed on the city attorneys and administration's role in negotiations. .:. If funds were to go directly to SAAMS for the ASLC, need recognition to distinguish between properties owned by each, and how to make sure money was not diverted from the city's property holdings. In response to questions, Brooking clarified under the proposed scenario, nothing was preventing the ASLC from purchasing land separately and walking away from the city's land. She stated the ASLC wanted to send proposed changes first, have council clarify questions, and that they had not City of Seward, Alaska Au~st /4. 2006 City Council Minutes Volume 37, Page 2// been negotiating terms. Brooking clarified if an easement was solely for utility purposes, then a fence could be placed there subject to the easement. If the easement was used for other purposes, ....I you could not have anything in the way. She also answered there were differences between simple leases and maintenance and operating agreements. Alternative Energy Committee Recommendation Report by Steve Schafer. The committee was recommending Administration write a letter thanking the two proposers, but declining to go forward with the coal generation project at this time. They felt they had the cart before the horse and needed technical assistance, assessments, consultants and would have to RFP the project. Port and Commerce Advisory Board Report. Ron Long reported they did not have a quorum for their last meeting, and encouraged the public to become a player in an exciting process and sign up to assist. Other Reports, Announcements and Presentations A Mile 0-8 update was given by DOT Project Engineer Allen Drake. He reported no work was going on because ofthe salmon derby. The underpass waterline was delayed for materials to arrive. Curb and gutter between Phoenix and Madison would start by the end of the week, with the next round of paving to begin mid-September. Some street lighting and distribution line electric work was continuing. Drake iterated the final two inches of pavement would be laid next summer with the completion date being June 15, 2007. They would do as much ofthe bike path as they could ....J before project shutdown. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Paul Snowden, current operator ofthe New Seward Hotel, spoke in support ofthe transfer of liquor license from the past owners to himself He was aware of the conflict of how it had been operated in the past, and promised to be a good neighbor and responsible operator in the future. He requested council transfer this license and not consider how it was run in the past. He would be available for any questions. John French, had grave concerns about the proposed amendments ofthe SAAMS agreement that was presented by SAAMS. He was opposed to decreasing any of their responsibility or oversight. He did not believe there were innocent "pass-throughs" and maintained pass-throughs always came with responsibilities. He wrote a technical analysis that he would pass on. French reminded he was a member ofEVOS, and was a direct party to discussions that resulted in funding being passed through the city. He remembered those responsibilities were not taken lightly and were necessary parts of the agreement. Paul Carter, spoke against the application for the New Seward Saloon liquor license I transfer. He wanted to solve the problems of the past by the application for the future. This license .... was issued with an exception that allowed the New Seward Saloon to operate the liquor license off premises from the hotel. Carter stated this was not fair to other businesses who operated with City of Seward, Alaska Au!{ust 14, 2006 City Council Minutes Volume 37, Pa!{e 212 ..... ordinary beverage dispensary licenses. He asked the council not to be silent anymore and to support the ABC Board and their recommendations. Tylan Schrock addressed that the proposed SAAMS policies were a generic document to establish common ground in which to work from. He invited the council to have an open and honest discussion and have all their questions answered at a work session or open house. He continued to be flabbergasted about the history, how this had transpired, and thought Mr. French needed to do his homework. Katie Shows, from Representative Paul Seaton's office, introduced herself and announced she would be at the Legislative Information Office from 3-7 pm tomorrow. She stated Mr. Seaton was back from special session and could be reached at 1-800-665-2689 and was ready to field any questions. Tim McDonald, appreciated comments on the harbor pedestrian crossing. He thought the 15 mph sign by Peking was missing and noted tourists did not know this speed limit. He thought it should be re-installed before someone got hurt. ..... Scott Egger, wanted to clear up something the city manager said about the Clearview easement. It was concluded to temporarily remove the encroachment because of public safety. The judge wrote that the ownership of the property was still in dispute. Egger stated legal paperwork showed the property to be his. Egger thought you could put up a fence in a utility easement, but must allow the city access unless an emergency existed. Ron Long, noted that 4th Avenue became the haul road because of the road construction on 3rd Avenue. He thought it would be hard to make pedestrian crossings in the harbor area work, and signage would have to be clear. He didn't think you could interrupt too many intersections because of the heavy traffic. Polly Egger, said the city had put in the brightest light they could find in the street lamp in front oftheir house. It shined into the window, onto the TV, and kept the grandchildren awake. She remembered it had been blacked out on purpose by the city linemen to keep it from shining into homes. She suggested a shade would keep light directed downward and from shining directly into houses. Council takes a recess at 8:55 p.m. Council meeting resumed 9:05 p.m. APPROVAL OF AGENDA AND CONSENT AGENDA ..... Motion (Thomas/Lorenz) Approval of Agenda and Consent Agenda The following was pulled from the agenda: City of Seward, Alaska August 14,2006 City Council Minutes Volume 37, Page 213 Resolution 2006-090, authorizing the city manager to enter into an agreement with Tryck Nyman Hayes, Incorporated (TNH) for change order #5 to the East Harbor Expansion contract for an amount not to exceed $29,937.00 and appropriating funds for restrooms in the South Harbor. [Clerk's later changed a typo from Change Order #4 above as presented on paperwork, to #5J J Approval of the liquor license transfer of ownership of New Seward Hotel/New Seward Saloon from Brad Snowden of Snow Den Enterprises to Paul Snowden of Blue Yonder LLC. The following was added to the consent agenda. Ordinance 2006-007. amending Seward City Parking Requirements 15.10.215 (0) handicapped parking to ensure compliance with the Americans with Disabilities Act (ADA). Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2006-007. amending Seward City Parking Requirements 15.10.215 (0) handicapped parking to ensure compliance with the Americans with Disabilities Act (ADA). (Ordinance was introduced and setJor public hearing and enactment on August 28,2006) i .... Ordinance 2006-08. amending Seward City Code 4.05.025 (B) stating the order of placement of names and candidates on ballots will be randomly determined by the clerk and not rotated as the state adopts for their general election. (Ordinance was introduced and setJor public hearing and enactment on August 28, 2006) Resolution 2006-087. authorizing the city manager execute a grant agreement between the State of Alaska and the City of Seward for the purpose of purchasing and installing wrought iron fencing along Hoben Park's north and west boundaries, and appropriating funds. Resolution 2006-088. amending the 2006 budget and appropriating $186,026 from the State of Alaska to the Public Employees Retirement System on behalf of the City of Seward, Per SB 231. Resolution 2006-089, authorizing the city manager to accept the Alaska Highway Safety Office Highway Safety Mini-Grant in the amount of $20,001.00 for the purchase of five in-car camera systems. The July 10, 2006 and July 24, 2006 regular city council meeting minutes were approved. PUBLIC HEARINGS I ..... Ordinances for public hearing and enactment City of Seward, Alaska Au~ust 14, 2006 City Council Minutes Volume 37, Pa~e 214 .... Emerl!:encv Ordinance 2006-09. suspending the Seward City Code chapter 15.20 Signs, for an additional 60 days for the Third Avenue businesses impacted by the Mile 0-8 road construction project. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened, No one appeared to address the Council and the public hearing was closed. Corbridge recommended this ordinance be passed for the same purposes and reasons as 60 days prior. Motion (Thomas/Bardarson) Approve Emergency Ordinance 2006-009 Motion Passed Unanimous Resolutions requiring a Public Hearing Resolution 2006-086. authorizing the city manager to enter into a lease amendment with Juris Mindenbergs to extend the time allowed for improvements related to the lease of Lot 3b, Block 1, Marina Subdivision, Kenai Peninsula Borough, Seward Recording District, Third Judicial District, State of Alaska. 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. .... Corbridge stated the improvements were to be completed by April! of this year and those were not possible until 2007. Mr. Mindenberg had complied with all requirements and he recommended approval. Motion (Lorenz/V aldatta) Approve Resolution 2006-086 Motion Passed Unanimous UNFINISHED BUSINESS - None NEW BUSINESS Resolution 2006-090, authorizing the city manager to enter into an agreement with Tryck Nyman Hayes, Incorporated (TNH) for change order #5 to the East Harbor Expansion contract for an amount not to exceed $29,937.00 and appropriating funds for restrooms in the South Harbor. [Clerk's later changed a typo from Change Order #4 above as presented on paperwork, to #5J Motion (LorenzlBardarson) Approve Resolution 2006-90 ..... Harbor Master Scott Ransom explained the extent of the development were restrooms by the gangway to the new south harbor and a dumpster. He wanted to get the restrooms in before the next season. Once this was put together, there would be a bid to build. Ransom pointed out this was part of the $230,000 already set aside for funding of this project. City of Seward. Alaska August 14, 2006 City Council Minutes Volume 37. Page 215 Motion Passed Yes: Lorenz Bardarson, Valdatta, Schafer No: Thomas, Schafer, Dunham i ....i Other New Business Items Approval ofthe liquor license transfer of ownership of New Seward Hotel/New Seward Saloon from Brad Snowden of Snow Den Enterprises to Paul Snowden of Blue Yonder LLC. Police Chief Tom Clemons did not oppose this transfer ofliquor license. However. he had never heard of the exception to allow the tourism license to be operated out of a separate building before. Doug Griffin would be speaking to the ABC Board and wanted this exception removed. Clemons reminded that this license was suspended a few months ago by the ABC Board. The owners had accomplished two of the three requirements. Only mitigating the noise plan was left. Clemons was certain Snowden's noise plan would work if it were inside the hotel, because they would have to police their own. Clemons had spent too much time with police dispatches to the New Seward Saloon and did not wish to deal with that again. He wanted it resolved. Corbridge, too, supported the transfer and did not anticipate any problems having Paul Snowden as the operator. He explained that this previously granted exception was the only one in the State of Alaska and it allowed a tourism license for the hotel to skip over an intervening lot and conduct liquor sales in another location, non-adjacent to the hotel. History tended to show that exception created significant problems. It was his view the exception should be removed, but the ABC Board may do that themselves. ] - Schafer read a section from the Alaska Administrative Code that stated the local governing body could put conditions on the transfer and he wanted conditions for it to be in or adjacent to the hotel. Motion (ThomaslLorenz) Approve the liquor license transfer from Brad Snowden of Snow Den Enterprises to Paul Snowden of Blue Yonder LLC with the condition the exception be removed. Motion Passed Yes: Schafer, Thomas, Bardarson, Shafer No: Valdatta, Lorenz, Dunham Discussion of SAAMS' proposed amendments to the city's agreement with SAAMS. Lorenz thought it was nice that the attorney asked for direction. Lorenz wondered ifthe city could address their agreement with ADF&G, and have that agreement be between them and SAAMS only, leaving the city out of it. j ..J Thomas asked if the attorney would find out from ADF&G ifthe city could be cut out ofthe loop. City of Seward, Alaska AUKust 14, 2006 City Council Minutes Volume 37, PaKe 216 - Schafer wanted to know if it would affect the pass-through capabilities if the city was out of the loop. A work session on SAAMS proposed amendments was scheduled for Wednesday, August 23 at 7:00 p.m. Discussion on whether to continue pursuing coal generation proposals. Council decided unanimously to write a letter thanking the two proposers, but was not interested in pursuing their coal generation proposals at this time. The Alternative Energy committee was disbanded. Discussion on what to name the Adams Street Pavilion. Valdatta and Lorenz wanted the pavilions called the Seahawk pavilion after the late Bruce Sieminski's idea and thought the public should decide. Thomas, Schafer and Dunham wanted it in Margaret Branson's name as previously mentioned. Mayor Shafer informed Margaret Branson was a part of many community projects and also worked for state government. - Motion (Schafer/Bardarson) Name the pavilion off Adams Street after Margaret Branson Motion Passed Yes: Bardarson, Thomas, Schafer, Dunham, Shafer Lorenz, Valdatta No: Discussion of land purchase from the Salvation Army for the Library/Museum site. Valdatta did not think it should be a big deal to pull the fuel tanks. Thomas and Bardarson stated fuel tanks could be a problem and wanted the Salvation Army responsible to remove the fuel tanks before sale, and Thomas did not understand the rush. Mayor Shafer and Dunham said the steering committee needed the purchase so they could raise money for the project. Both wanted to see this purchase take place within 30 days. Council directed Administration to do its best at accomplishing the fuel tank removal by a local contractor and have the property purchased within 30 days. -- INFORMATIONAL ITEMS AND REPORTS (No action required) Hospital Financial Statements for June 2006. City of Seward, Alaska August /4, 2006 City Council Minutes Volume 37, Paf{e 217 COUNCIL COMMENTS j .... Schafer had driven big rigs through the harbor and was pleased with the courtesy given to the pedestrians crossing in that area. Bardarson welcomed Scott Williams to Seward and wanted right-of-way problems addressed, especially in the Clearview area. Lorenz congratulated the Chamber on their derby booth kick-off and thanked the Urbach family for the beautiful booth. She hoped that all would catch a big fat fish. Thomas thanked city employees for taking the time to be present at the reception for the Coast Guard, and thanked the administration for resolving the Holiday Inn rebate issue. He was disappointed that the city manager was not attending the SAAMS board meetings, and he thanked public works and the ARR for keeping the access roads in good shape during the road construction. Dunham wanted plans on what the city would do with the generators. When day charters and the train were loading, there were several hundred people in the harbor area. He thought there should be more places for pedestrian crossings in that area, and wanted the city to take a serious look at a pedestrian friendly block there. He congratulated the Chamber on the completion ofthe derby booth. Dunham asked if the A VTEC lease would be coming to them or did the city want them to purchase the land. ! ...III Corbridge said the A VTEC lease agreement was still at the attorney general's office, and they had a letter of inquiry for sale that they were researching. Mayor Shafer agreed the issues in Clearview subdivision needed to be addressed. Her brothers-in-law were visiting from a small town in New York. They spoke of their community developing a park and building restrooms by donations, and she wished the community would work together for their needed projects. She also thought the new derby booth looked terrific. CITIZENS' COMMENTS Tim McDonald, thanked council for their harbor pedestrian traffic comments. He thought the roads should be routed from the railroad docks and all commercial traffic could go down railroad land. He thought the ARR had a choke hold on the city's transportation corridor. McDonald thought it was only fair and wanted them to be good neighbors. McDonald thought land could be pursued for the Mary Lowell Center from the liquor license people. He said if that did not happen, he would renew the prosecution to not accept the vacation of Washington Street. He also wanted to preserve the valuable historic building of Solly's. Paul Snowden, wanted it noted that council member Schafer had made an inquiry on i purchase of the New Seward Saloon property, and thought that was a conflict of interest. ...... City of Seward, Alaska Au~st 14,2006 City Council Minutes Volume 37, Pa/<e 218 - Tylan Schrock, apologized for speaking up during the meeting which encouraged Tim McDonald to do the same thing. He stated the City and SAAMS was a shotgun wedding but not a divorce. He said the EVOS stipulation was the city would own the building. Schrock stated SAAMS was not proposing any changes to go against the ADF&G or EVOS requirements, nor removing all city protections and oversights. He wanted to create an agreement that matched today' s needs and offered to do an audit ifneeded. He suggested all go back to each agreement. It was their intent to cover all liabilities and responsibilities. Schrock stated the administration felt SAAMS was in default and he vehemently disagreed. Polly Egger said she recently had nine visitors in a small house during all the rain. She stated the neighborhood parks had been wonderful to utilize. The harbor people had been courtesy, fishing was good and the walkway was great. Egger thought it was nice to have a few things in town to do on rainy days. Scott Egger, thought this town should look at another way past the three bridges out of town, or a way to re-route bigger traffic. Eventually the city would have problems getting all evacuated out oftown. He thanked the Mayor and Bardarson for bringing up the right-of-way issues in Clearview. He stated owners were carrying the liability on those properties. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta thought the Railroad should put an emergency access road in. ..... Lorenz commented that the last SAAMS work session was a heated discussion. She thought that being on the board was a political issue and it was not appropriate to have administration on that board. She did think it was appropriate to have a council member on it though. Mayor Shafer remembered there were four council members who wanted Mr. Corbridge to take that seat on the SAAMS board. Dunham wanted easement issues in town cleared up. He did not think it was an even deck for the residents to be playing on. Mayor Shafer thought the easement issues in the Clearview area should be looked at first. Schafer wanted reports from employees that go out to training to see where money was being spent. He stated he met with Mr. Snowden but was not interested in owning the property. - City of Seward. Alaska August 14,2006 ADJOURNMENT The meeting was adjourned at 10:53 p.m. fI "i ! / \ "--I :ri~a M !J--T~JV<) Jean WIS, : ' City erk "';' ,\\U""'., ...",\"O'f SE~ "'" .:0 fo..-4.. ........ ~ " :: ,.'i- ...o~?OR..{~"'~ ~ :: '-I.:;.p 0,'. <# I!:t' V' . ".. .. :..... ---- .... .. . . .. :: : SEAT. :()~ .0. .~... :. \ ~ ; = ~~. #'t_ .. .. 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