HomeMy WebLinkAbout01102011 City Council Packet Seward City Council
Agenda Packet
e 10p se
ti q 9
d1.wSKP
z 'svc' Es a; r � # eager' 'Y , r: ?. * a„`r"' • r " .�x -.?,,17,44, em "
- � 7+wac.3 � �'C K-d �� .wtir
T r _
rr p . .,. a& Catii _„ t � i a —3 w I r" , " - . � J r 6� � � yid 1
! � !,�t
., - - ...+r. 3,
+rsan+� . C..
A ii.
• ,
(Polar Bear Jump, 2010)
January 10, 2011
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
kzetzt CITY COUNCIL MEETING AGENDA °
AU-America City �! -'
I llir {Please silence all cellular phones and pagers during the meeting}
January 10, 2011 7:00 p.m. Council Chambers
1. CALL TO ORDER
Willard E. Dunham 2. PLEDGE OF ALLEGIANCE
Mayor 3. SWEAR IN JOHANNA KINNEY AS CITY CLERK
Term Expires 2011 4. ROLL CALL
5. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE
Jean Bardarson ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who
Vice Mayor have signed in will be given the first opportunity to speak. Time is
Term Expires 2012 limited to 2 minutes per speaker and 30 minutes total time for this
agenda item.]
Robert Valdatta 6. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Council Member of Consent Agenda passes all routine items indicated by asterisk ( *).
Term Expires 2011 Consent Agenda items are not considered separately unless a council
member so requests. In the event of such a request, the item is
Tom Smith returned to the Regular Agenda]
Council Member
Term Expires 2011 7. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
A. Proclamations and Awards
Vanta Shafer
Council Member 1. 2009 Community Initiative Award ,for contributions made on
Term Expires 2011 behalf of community water fluoridation by the. State, CDC and `Alaska Oral
Health Program Pg. 3
Marianna Keil
Council Member B. Borough Assembly Report
Term Expires 2012 C. City Manager's Report
D. Mayor Report
Ristine Casagranda E. PACAB Annual Report
Council Member F. Other Reports and Presentations
Term Expires 2012
8. PUBLIC HEARINGS - None
Phillip Oates 9. UNFINISHED BUSINESS
City Manager
A. Ordinances for Introduction
Johanna Kinney
City Clerk 1. Ordinance 2010 -009, Amending Seward City Code Section 5.35.055 To
Create A Revenue Source For Repayment Of The $3.73m General Obligation
Cheryl Brooking Bond For Construction Of The Seward Community Library Museum By
City Attorney Establishing A Variable Seasonal Sales Tax That Increases The City Of
Seward Rate To 5% During April Through September Of Each Year And
Reduces The Rate To 3% In October Through March Of Each Year Pg. 4
City of Seward, Alaska Council Agenda
January 10, 2011 Page 1
B. Resolutions for Introduction
(For public notice purposes. Not for adoption tonight. To bring with above ordinance for public
hearing on January 24, 2011)
1. Resolution 2010 -130, Establishing A 1 Mill Increase In Property Tax To Generate A
Revenue Source For Repayment Of The $3.73m General Obligation Bond For The Construction
Of The Seward Community Library Museum Pg • 9
10. NEW BUSINESS
A. Resolutions
*1. Resolution 2011 -001, Reappropriating $7,676.04 In Unspent Police Funding From
The 2010 Budget To 2011 Budget To Migrate Radio Communications To Meet New
Bandwidth Requirements Pg. 13
*2. Resolution 2011-002., Accepting A Grant In The Amount Of $1,827.30 From The
Alaska Highway Safety Office For 2011 January — March Astep Driving Under The
Influence (DUI) Enforcement Campaign And Appropriating Funds .Pg. 15
*3. Resolution 2011 -003, Appointing Brenda Ballou as the Deputy City Clerk Pg. 20
C. Other New Business Items
*1. Approval Of The December 13, 2010 City Council Regular Meeting Minutes Pg. 22
*2. Continuing the Port and Commerce Advisory Board for another year ..Pg. 31
*3. Appoint Dale Butts to the Planning and Zoning Commission for a term to expire in
February, 2013 Pg. 32
*4. Non - Objection for the Liquor License renewals for Ray's Waterfront and the Yukon
Bar .Pg. 33
11. INFORMATIONAL ITEMS AND REPORTS - None
12. COUNCIL COMMENTS
13. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak]
14. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
15. ADJOURNMENT
City of Seward, Alaska Council Agenda
January 10, 2011 Page 2
STATE OF ALASKA SEAN PARNELL, GOVERNOR
DEPARTMENT OF HEALTH AND SOCIAL SERVICES 130 Seward Street, Room 508
Juneau, AK 99801
DIVISION OF PUBLIC HEALTH Telephone: (907) 465 -8628
ORAL HEALTH PROGRAM FAX (907) 465 -3416
December 2010
Mr. Phillip Oates, City M ge I ?b6 /ZO I a
City of Seward
P.O. Box 167
Seward, Alaska 99664
Dear Mr. Oates:
On behalf of the Association of State and Territorial Dental Directors, the U.S. Centers for Disease Control &
Prevention, and the Alaska Oral Health Program, I am pleased to present a Certificate of Appreciation for the "2009
Community Initiative Award" to the community of Seward, Alaska, for implementing water fluoridation.
Community water fluoridation has been recognized by the CDC as one of the ten greatest public health
achievements of the 20 Century and has been shown to be a safe and effective intervention to reduce tooth decay.
Seward will join over thirty Alaska community water systems in providing fluoridated drinking water to their
citizens.
We congratulate your community on receiving this award and for investing in this important health benefit.
Sincerely,
Brad Whistler, DMD
Dental Officer
3
Sponsored by: Oates
Introduction: January 10, 2011
Public Hearing: January 24, 2011
Enactment: Jaunary 24, 2011
CITY OF SEWARD, ALASKA
ORDINANCE 2010 -009
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE SECTION 5.35.055 TO
CREATE A REVENUE SOURCE FOR REPAYMENT OF THE $3.73M
GENERAL OBLIGATION BOND FOR CONSTRUCTION OF THE
SEWARD COMMUNITY LIBRARY MUSEUM BY ESTABLISHING A
VARIABLE SEASONAL SALES TAX THAT INCREASES THE CITY
OF SEWARD RATE TO 5% DURING APRIL THROUGH SEPTEMBER
OF EACH YEAR AND REDUCES THE RATE TO 3% IN OCTOBER
THROUGH MARCH OF EACH YEAR
WHEREAS, the City of Seward and the Seward Community Library Museum Building
Committee have been working since 2003 to obtain funding and design a new library museum;
and
WHEREAS, the Seward Community Library Museum Building Committee and the City
of Seward have secured $5.1 Million in State and private foundation funding and $1.1 Million in
grant applications are pending; and
WHEREAS, in October 2009 voters approved a General Obligation bond in an amount
not to exceed $5 Million for construction of the library /museum; and
WHEREAS, the administration and project managers have estimated that $3.73 Million
will be needed to complete the project as currently projected; and
WHEREAS, the annual debt service cost for a 25 -year $3.73 million General Obligation
Bond at an interest rate of 4.5% is approximately $249,000 per year; and
WHEREAS, a revenue source is necessary to establish and pay the debt service on a
General Obligation Bond; and
WHEREAS, sales tax is a revenue source by which city residents, local residents, and
visitors will all contribute to the construction and operating costs of the new library museum; and
WHEREAS, the current City of Seward sales tax rate is 4% and is combined with a
Kenai Peninsula Borough sales tax rate of 3% for a total rate of 7 %; and
CITY OF SEWARD, ALASKA
ORDINANCE 2010 -009
WHEREAS, a variable seasonal sales tax that increases the current City of Seward sales
tax 1% to a rate of 5% from April through September and decreases the current City of Seward
sales tax 1% to a rate of 3% from October through March would generate approximately
$348,000 in additional tax revenue each year for the City; and
WHEREAS, the variable seasonal sales tax would result in a combined Borough and
City sales tax rate of 8% from April through September and 6% from October through March;
and
WHEREAS, the variable seasonal sales tax proposed above would keep year -round taxes
at current levels for full -time residents of Seward when their purchases are spread equally
throughout all months of the year; and
WHEREAS, the combined Kenai Peninsula Borough and City of Seward variable
seasonal sales tax of 8% from April through September and 6% from October through March is
expected to provide sufficient revenue to repay principal and interest on a 25 year $3.73 Million
General Obligation Bond, allow completion of the new library museum project, and provide
approximately $99,000 annually to assist in paying for the increases in personnel and operating
costs for the new library museum; and
WHEREAS, according to State law, a tax imposed solely for the purpose of repayment
of debt is not subject to voter referendum, however in this case, the seasonal sales tax will
generate more annual revenues than is necessary solely to repay debt, and will therefore this
ordinance may be subject to a voter referendum; and
WHEREAS, the current City Council of the City of Seward recommends to a future City
Council that this sales tax change should sunset when the $3.73 Million General Obligation Bond
is paid in full.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Seward City Code Section 5.35.055 is amended as follows (strike out =
deletions; bold italics = additions):
5.35.055. Computation; addition of tax to total retail price; tax schedule.
(a) The amount of the sales tax to be added to the sales price, charge or rental shall be
three (3) percent from October 1 through March 30 and five (5) percent from April
1 through September 30 of the sale price, charge or rental rounded off to the nearest
cent by eliminating any fraction of one -half cent or less and by increasing any fraction
over one -half cent to the next highest cent. Each seller shall be furnished the schedule
of tax payable on each taxable amount from $0.01 to $100.00. Any one sale of items
separately priced shall be taxed upon the aggregate amount. Beginning April 1, 2003,
CITY OF SEWARD, ALASKA
ORDINANCE 2010 -009
(b) The revenue from a coin - operated machine shall be treated in gross on a monthly
basis, without reference to the amount paid or placed on a particular transaction.
Section 2. These changes to the City of Seward sales tax rates are for the purpose of
paying the annual debt service for a 25 -year $3.73 Million General Obligation Bond, to complete
the library museum project, and to cover a portion of the added annual operating costs.
Section 3. Section 1 of this ordinance shall become effective April 1, 2011. This
ordinance shall take effect 30 days following passage and posting.
ENACTED by the City Council of the City of Seward, Alaska, this 24`" day of January,
2011.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney
City Clerk
(City Seal)
Co
- k
Council Agenda Statement
r4O SEA
147.1
Meeting Date: January 10, 2011
From: Phillip Oates, City Manager
Agenda Item: A ordinance of the City Council of the City of Seward, Alaska,
amending Seward City Code Section 5.35.055 to create a
revenue source for repayment of the $3.73M General Obligation
Bond for construction of the Seward Community Library
Museum by establishing a variable seasonal sales tax that
increases the City of Seward rate to 5% during April through
September of each year and reduces the rate to 3% in October
through March of each year.
BACKGROUND & JUSTIFICATION:
Since 2003, the City of Seward has been working on a plan to build a new library museum. As
of November 2010 architects completed design documents to 65% with a goal of completing
construction documents in January, ground breaking in April -May 2011, and completion of the
project in August 2012. Project and construction management have been hired.
The Seward Community Library Museum Building Committee (SCLMBC) has spearheaded
project predevelopment activities and fundraising efforts. SCLMBC and City Administration
have presented over thirty Resolutions to Council since 2003 that either supported, funded or
authorized the project progress. As a result, the City received an appropriation of $4.7M from the
State of Alaska in July. The Rasmuson Foundation committed $500,000 in November and $1.1M
in grant applications have been submitted.
In October 2009 voters approved a General Obligation (GO) bond in an amount not to exceed $5
Million for construction of the library museum. Since that approval, City Administration and
project managers have estimated that as currently projected $3.73 Million will be needed to
complete the project. This ordinance requests that the City Council create a variable seasonal
sales tax as a source of revenue to repay the proposed $3.73M GO bond as the City of Seward
portion of the cost of constructing the library museum. A sales tax is a revenue source where city
residents, local residents, and visitors all contribute to the construction and operations costs of
the new library museum.
The annual debt service for a 25 -year $3.73 Million General Obligation Bond at an interest rate
of 4.5% is approximately $249,000 per year. A variable seasonal sales tax that increases the
current City of Seward sales tax 1% to a rate of 5% from April through September and decreases
the current City of Seward sales tax 1% to a rate of 3% from October through March would
generate approximately $348,000 in additional tax revenue annually for the City. Such a variable
seasonal sales tax would result in a total Borough and City sales tax rate of 8% from April
through September and 6% from October through March. This variable seasonal sales tax would
keep year -round taxes at current levels for full -time residents of Seward when their purchases are
spread equally throughout all months of the year.
The City of Seward variable seasonal sales tax of 5% from April through September and 3%
from October through March is expected to provide sufficient revenue to repay principal and
interest on a 25 year $3.73 Million General Obligation Bond, allow completion of the new
library museum project, and provide approximately $99,000 annually to assist in paying for the
increases in personnel and operating costs for the new library museum. The proposed ordinance
also establishes a recommendation from the current City Council to a future City Council that
this sales tax change should sunset when the $3.73 Million General Obligation Bond is paid in
full.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
INTENT:
This ordinance requests that the City Council create a variable seasonal sales tax as a source of
revenue to repay the proposed $3.73M GO bond as the City of Seward portion of the cost of
constructing the library museum.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
The variable seasonal sales tax covers capital debt annual payments and provides approximately
$99,000 per year for increased personnel, maintenance, and operating costs of the new library
museum. Estimated additional annual personnel, maintenance, and operating costs - as noted in
the business plan - are $260,000. This leaves a shortfall of approximately $161,000 dollars each
year since annual funding to cover the remainder of these costs has not been identified.
There are three important points to note here. First, because the proposed seasonal sales tax will
generate more money than is needed to cover the annual debt service payments on the bonds, this
ordinance may be subject to voter referendum. Second, the City Council has expressed its intent
to delay identifying additional revenues to cover the remaining shortfall related to operating
costs until preparation of the biennial budget. This annual shortfall is estimated at $161,000
even after the seasonal sales tax is implemented. To cover costs of this magnitude would
require, for example, an increase in the mill rate of 0.54 mills equal to $108 per year on a house
valued at $200,000 or, alternatively, a 0.18 percent increase in the sales tax rate. However, if a
funding source for these costs is not identified prior to submittal of a bond application to the
Alaska Municipal Bond Bank, it will weaken the City's application for bond financing. Third, if
the seasonal sales tax sunsets upon maturity of the bonds, there will be an additional annual
operating cost shortfall at that time of approximately $99,000 (based on today's costs).
Approved by Finance Department ` 441i
RECOMMENDATION:
Approve Ordinance 2010 -009 to establish a variable seasonal city sales tax as a revenue source
to pay the debt service of a $3.73M GO Bond for the library museum project.
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, ESTABLISHING A 1 MILL INCREASE IN
PROPERTY TAX TO GENERATE A REVENUE SOURCE FOR
REPAYMENT OF THE $3.73M GENERAL OBLIGATION BOND FOR
THE CONSTRUCTION OF THE SEWARD COMMUNITY LIBRARY
MUSEUM.
WHEREAS, the City of Seward and the Seward Community Library Museum Building
Committee have been working since 2003 to obtain funding and design a new library museum;
and
WHEREAS, the Seward Community Library Museum Building Committee and the City
of Seward have secured $5.1 Million in state and private foundation funding and $1.1 Million in
grant applications are pending; and
WHEREAS, in October 2009 voters approved a General Obligation bond in an amount
of not to exceed $5 Million for construction of the library museum; and
WHEREAS, in a report to City Council on November 29, 2010, RISE Alaska and
ECI /Hyer estimated the remaining capital construction costs for the library museum project to be
$10,294,560.City Administration and project managers have estimated that $3.73 Million of
additional funding in the form of general obligation bonds will be needed to complete the project
as currently projected; and
WHEREAS, the annual debt service for a 25 -year $3.73 Million General Obligation
Bond at an interest rate of 4.5% is approximately $249 Thousand per year
WHEREAS, a revenue source is necessary to establish and pay the debt service of a
General Obligation Bond; and
WHEREAS, a property tax is a revenue source where property owners in the City of
Seward contribute to the construction and operations costs of the new library museum; and
WHEREAS, the current City of Seward property tax mill rate is 3.12; and
WHEREAS, increasing the current City of Seward property tax mill rate from 3.12 to
4.12 for approximately 600 property owners within the city limits will generate an estimated
$300 Thousand annually.
1
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -130
WHEREAS, an increase in the City of Seward property tax mill rate to 4.12 is expected
to provide sufficient revenue to repay a 25 year $3.73 Million General Obligation Bond, allow
completion of the new library museum project, and provide approximately $51 Thousand to
assist in paying for the increases in personnel and operating costs for the new library museum;
and
WHEREAS, a one mill increase in property tax rate will equate to an annual increase in
tax of $200 on a home valued at $200,000; and
WHEREAS, the current City Council of the City of Seward recommends to a future City
Council that this mill rate increase should sunset when the $3.73 Million General Obligation
Bond is paid in full.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1.The rate of levy on the 2011 real and personal property tax rolls shall be and is
hereby levied at the rate of 4.12 mills per dollar of assessed valuation in Municipal Service Zones
One (Borough designation TCA 40) and Two (Borough designation TCA 41).
Section 2. The total assessed valuation as determined by the Kenai Peninsula Borough
Assessor, and any supplemental assessment rolls for said period which may be certified by the
Borough Assessor at a future date, shall be the basis for computing estimated property tax
revenues for the City of Seward, Alaska.
Section 3.The additional funds realized from the increased tax levy adopted by this
resolution are intended for repayment of general obligation bonds issued pursuant to Resolution
2010 -12 .
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13
day of December, 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
1b
Council Agenda Statement
Meeting Date: December 13, 2010
I.
l S
From: Phillip Oates, City Manager u ; 1 �'o
Agenda Item: A resolution of the City Council of the City of q� S
Seward, Alaska, establishing a 1 mill increase in
property tax to generate a revenue source for
repayment of the $3.73M General Obligation Bond
for the construction of the Seward Community
Library Museum.
BACKGROUND & JUSTIFICATION:
Since 2003, the City of Seward has been working on a plan to build a new library museum. As
of November, architects completed design documents to 65% with a goal of completing
construction documents in January, ground breaking in April -May 2011, and completion of the
project in August 2012. Project and construction management have been hired.
The Seward Community Library Museum Building Committee (SCLMBC) has spearheaded
project predevelopment activities and fundraising efforts. SCLMBC and City Administration
have presented over thirty Resolutions to Council since 2003 that either supported, funded or
authorized the project progress. As a result, the City received an appropriation of $4.7M from the
State of Alaska in July 2010. The Rasmuson Foundation committed $500,000 in November 2010
and $1.1M in grant applications has been submitted.
In October 2009 voters approved a General Obligation (GO) bond in an amount to $5 Million for
construction of the library museum. Since that approval, City Administration and project
managers have estimated that as currently projected $3.73 Million will be needed to complete the
project. The annual debt service for a 25 -year $3.73 Million General Obligation Bond at an
interest rate of 4.5% is approximately $249,000 per year.
This resolution requests that the City Council increase the mill rate from 3.12 to 4.12 for
approximately 600 property owners within the city limits. The estimated revenue increase from
this 1 mill increase in property tax is approximately $300,000 per year. The 1 mill increase
would provide sufficient revenue to repay principal and interest on a 25 year $3.73 Million
General Obligation Bond, allow completion of the new library museum project, and provide
approximately $51,000 annually to assist in paying the approximate $260,000 annual increase in
personnel, maintenance, and operating costs for the new library museum. The proposed
resolution also establishes a recommendation from the current City Council to a future City
Council that this 1 mill increase should sunset when the $3.73 Million General Obligation Bond
is paid in full.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
1�
INTENT:
This resolution requests that the City Council increase the property tax mill rate from 3.12 to
4.12 to repay principal and interest on a 25 year $3.73 Million General Obligation Bond, allow
completion of the new library museum project, and provide approximately $51,000 annually to
assist in paying the approximate $260,000 annual increase in personnel, maintenance, and
operating costs for the new library museum.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
The 1 mill increase will cover capital debt annual payments and provide approximately $51,000
per year for increased personnel, maintenance, and operating costs of the new library museum.
Estimated additional annual personnel, maintenance, and operating costs - as noted in the
business plan are $260,000. This leaves a shortfall of approximately $209,000 dollars each year
since annual funding to cover the remainder of these costs has not been identified. The City
Council intends to address this matter during the preparation of the biennial budget. To cover
costs of this magnitude would require, for example, an increase in the mill rate of 0.7 mills equal
to $139 per year on a house valued at $200,000 or, alternatively, a 0.23 percent increase in the
sales tax rate.
There are two primary issues to take note of on this action. First, because the requested increase
in the mill rate is not limited to the amount needed to cover debt service costs only, the mill rate
increase of 1 mill necessarily subjects this increase to referendum by the voters. Second,
because the increase in mill rate is not sufficient to cover both the increase in annual debt service
costs and annual operating costs associated with the project, it is likely that the Alaska Municipal
Bond Bank will have difficulty supporting this request until a revenue source is found to cover
the shortfall. The potential failure of the Bond Bank to approve our financing application will at
the very least, cause further delay in the project
Approved by Finance Department J tZ - I - 1
RECOMMENDATION:
Approve Resolution 2010 -130 to establish a 1 mill increase in the annual mill rate as a revenue
source to pay the debt service of a $3.73M GO Bond for the library museum project.
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, REAPPROPRIATING $7676.04 IN UNSPENT
POLICE FUNDING FROM THE 2010 BUDGET TO 2011 BUDGET
TO MIGRATE RADIO COMMUNICATIONS TO MEET NEW
BANDWIDTH REQUIREMENTS
WHEREAS, the City of Seward 2010 Budget includes funds for the purpose of
migrating the City's radio communication equipment to meet new federal communication
regulations related to bandwidth; and
WHEREAS, the City has issued a purchase order to ProComm in the amount of
$7,676.04 to accommodate a portion of this migration, but due to time constraints, the
equipment will not be received in time to charge against the 2010 Budget; and
WHEREAS, by re- appropriating these funds from the 2010 Budget to the 2011
Budget, the funds will be available in the police department budget in 2011 to pay for the
radio equipment, and will result in under - spending the 2010 police department budget for
this line item.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1: Funding in the amount of $7,676.04 is hereby reduced from the
2010 police department contracted services account no. 101 -1210 -5390 and re-
appropriated to the 2011 police department budget for the migration of communications
equipment.
Section 2: This resolution will affect both the 2010 and 2011 Budgets.
Section 3: This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska
this 13 day of January, 2011.
13
Council Agenda Statement
Meeting Date: January 13, 2011
u 1 �F �
SF
To: Phillip Oates, City Manager %:17 ;,<.
From: Tom Clemons, Chief of Police q s
Agenda Item: Transfer unspent, encumbered radio funding from
2010 Budget to 2011 Budget
BACKGROUND & JUSTIFICATION:
The City of Seward has issued a purchase order and has encumbered funds to Pro Comm for the
purpose of reprogramming and updating City radios to comply with new FCC regulations pertaining
to communication bandwidth. The amount of the City commitment to this project is $7,676.04. Due
to time constraints the migration to the new standards will not finalized until 2011. The
administration would like to reappropriate the funding which was available in the 2010 Budget for
this project, to the 2011 Budget instead. This will result in a reduction to the 2010 Budget in the
police department, with a corresponding increase to the 2011 Budget in the police department.
INTENT:
The intent of this resolution is to enable the City to complete the migration of radio equipment by
supporting the purchase order issued to ProComm. Generally accepted accounting standards will not
allow these costs to be charged to the 2010 Budget unless the work is completed by December 31.
Since that is not possible, it is necessary to charge these costs to 2011. Therefore, funding is being
re- appropriated from one fiscal year to the next.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies:
Yes: ;, No:
FISCAL NOTE: Funding for this purchase is available in the 2010 Budget, but cannot be spent in
2010, so will be re- appropriated for use in the 2011 Budget, in the amount of $7,676.04.
Approved by Finance Department: je4.z 4,/il
ATTORNEY REVIEW: Yes No 1X
RECOMMENDATION:
City Council authorize the re- appropriation of funds from the 2010 to the 2011 Budget for the
upgrade of police radios, to comply with new FCC standards.
Lk
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $1,827.30 FROM
THE ALASKA HIGHWAY SAFETY OFFICE FOR 2011 JANUARY —
MARCH ASTEP DRIVING UNDER THE INFLUENCE (DUI)
ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS
WHEREAS, the Seward Police Department has been awarded a Program Coordination
Grant from the Alaska Highway Safety Office, in the amount of $ 1,827.30; and
WHEREAS, the City is not required to provide any cash or in kind match; and
WHEREAS, the use of these funds must be for the purpose of providing overtime saturation
patrols by the Seward Police Department for the enforcement of DUI violations during January
through March of 2010; and
WHEREAS, these funds will be of essential assistance to the Seward Police Department in
the enforcement of DUI violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to accept the 2011 ASTEP DUI
Enforcement, Alaska Highway Safety Office grant in the amount of $1,827.30 enter into a grant
agreement.
Section 2. Funding in the amount of $1,827.30 is accepted to grant revenue account no.
101- 0000 - 4680 -0200 and appropriated to the police department's overtime account, no. 101 -1210-
5020.
Section 3. This resolution shall take effect immediately upon its adoption.
COUNCIL AGENDA STATEMENT
Meeting Date: January 10, 2011 4 o F sFk,
Through: Phillip Oates, City Manager a 1 2 �� ,. -- i
From: Tom Clemons, Chief of Police atASr�P
Agenda Item: Alaska Highway Safety Grant
(ASTEP DUI `11 January - March Enforcement)
BACKGROUND & JUSTIFICATION:
The Alaska Highway Safety Office, AHSO, has requested that the City of Seward continue to
participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, DUI Overtime
Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz
campaign, and assigned weekends, the Seward Police Department will conduct high- visibility DUI
enforcement patrols. AHSO has awarded a grant in the amount of $1,827.30 for January through
March, 2011.
This program is a 100% grant funded project, with no local matching funds required.
The terms of the grant and the grant budget are attached.
INTENT:
The intent of this grant is to save lives by arresting and punishing alcohol and drug impaired drivers
and maintain current public perceptions of DUI enforcement issues.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Other:
ATTORNEY REVIEW: No
FISCAL NOTE:
There is no local funding required to match these grant funds.
Approved by Finance Department: sA
RECOMMENDATION:
City Council approve Resolution 2011- ObZ-, accepting a grant from the Alaska Highway Safety
Office in the amount of $1,827.30, and appropriating funds.
to
, is
Ti and Public Facilities
to P :AK 1
,� W7-465-2446 � f 907-465-4030
doLalaska.gavihighwaysafety
1 tie hlarne and Address:
Seward ce Department ASTEP Dui t
i
Lt. Louis Tyr
r
,
i Any You may proceed with the activities ter the Categories and spec i c Tasks r in e Fundkg Sumatery
ads beyond the written scope and/or any costs afire the price estimate in our Agreement require prior AHSp
1 approval and a Project Vim. Actual co undemm a the Contract Amoral for any Category dip not Total* •
for other Alert) reserves the rigtt to retain or reallocate any remaining funds resulting from j
such cost Lindeauns.
This NW is camadathre and *supersedes ailr priorNlPs fort
, I The y Ad . ' fur this NW Canty► G, 6 Cashen
i /� .
is tl4PF del t.. or 3 4r bra i rantee `t
3
Signature
Name: Cindy • L- Name: Lt Louis liner
FUNDING SUMMARY
Total Amount _
Approved for this = Total Amount
NIP Aid Tasks Asdhorized to Date
£ As mithorized in the Program Coordmerimn Grant 1 an October 1, 2010 to March `
i 1 1x.30 3t, 201t 1 53,654.60
1 , Vehicle usage is itschsted at $6120 per hoer as rehnenced in Owe Program
Csordirtai ?Grant.
P
i
1 Colomibon Code Program Code $ *: 2
2446215 57870 774 Gram* 1 11
ism 30658582 80723
P r I C \ , A . .. . '
.
i '
Sanatiffe
It
—Kathy 1 Program Ceitimi Agent Technician .Ta
11
`. -, State of Alaska
�'' �� Departmen of Trance and Pubic Fates
P.O. 9ox 1125M, lm
° . 1
.4 �. 907-465-2446
-/) _ _ EX 907- 465-4030
uww_ a1a*L ovfhhigh vaysafetY
Program Coordination Grant
r Palled Coordnator Federal FuricTrig Year
9 r 2011
P ! Pmject .
Alaska Strategic Tradfic giant
Partnership DEN Overtime 154AL 11-0143
Enforcement Grant
Qurposeobres
In order to reduce deaths and injuries caused by impaired drivers and to increase
con liance with Alaska's primffy seat belt law, the Sewed Pofice Department
corxtuct t - vislr� y watt belt and Dt.fl er#orcement as detailed in the Alaska Strategic
Enforcement Partnership Enforcement Plan suarritted to the Alaska Ifighway Safety Office
in AprO 2006. The Sewad Paine Department agrees to participate i the ' g
enlacement blitzes 1, 0 30, 201t
i Required DUI Enforcement to include the major Holidays
p � Month-by-Month
(R to enforcement plan for detail of seat belt and DUI erfacarent timesy
January 1 !..
Month ., Hours — DUI Enforcement Monthly Budget
10 tws DUI z $ 549.10
February f 10 $ 549.10
March i 10 firs DEN $ 549.10
Vehicle Usage t $6.00 per $ 180.00
Actual cost of overtime to include benefits is not to exceed the following amount
$1,827.30 including vehicle usage.
To receive reimbursement for personnel services the department must provide overtime
sheets, the overtime hourly rates inch benefits for each officer along with the activity
sheets showing total hours being submitted for reimbursement.
Budget Summary:
BUDGET CATEGORY BUDGET AMOUNT
MO) Petseeta :prices $ 1,_
Travel & Per Dem i3 t -a0�
(31XI) Vehicle Mew
es r
PJ 80
(500) Erpipmeet
f i___
` PON ode t
24462152
723
T
5770 '
OTAL $1,827.30
Signed=
Grantee's Project Director Date
God Safetr a D i N
`cj\
Sponsored by: Clerk
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPOINTING BRENDA BALLOU AS THE DEPUTY CITY
CLERK
WHEREAS, on November 22, 2010, Council approved Resolution 2010 -117 that authorized
the employment agreement for then Deputy City Clerk Johanna Kinney to replace retiring City Clerk
Jean Lewis; and
WHEREAS, in conjunction with this appointment, the City Clerk's Office posted and
advertised the vacant Deputy City Clerk position; and
WHEREAS, throughout the months of November and December 2010, applications were
received, interviews were conducted, and Brenda Ballou was selected from the pool of applicants;
and
WHEREAS, S CC 2.20.045 (10) requires that any person hired in that position be approved
by a majority vote of the city council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council approves Brenda Ballou as the Deputy City Clerk, with
all range and progressive requirements established in the current Deputy City Clerk job description.
Section 2. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10 day of
January, 2011.
at)
Council Agenda Statement
Meeting Date: January 10, 2011
e iov S EA
To: Mayor Dunham, City Council Members u 9
L. 9 0
From: Johanna Kinney, City Clerk
Agenda Item: Appoint Brenda Ballou as Deputy City Clerk
BACKGROUND & JUSTIFICATION:
As a result of City Clerk Jean Lewis's retirement and Council's appointment of Deputy City Clerk
Johanna Kinney as her replacement, the Deputy City Clerk position is now vacant.
Seward City Code 2.20.045 (10) states the City Clerk shall have the power to appoint deputies, if
needed, provided that the appointment of all deputies shall be approved by a majority vote of the
council. Brenda Ballou has been conditionally offered the position of Deputy City Clerk and staff
respectfully requests council approval of this appointment.
INTENT: To appoint applicant Brenda Ballou as the new Deputy City Clerk, as required by Seward
City Code Section 2.20.045 (10)
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
Other:
ATTORNEY REVIEW: Yes
FISCAL NOTE: Funding for this position is currently in the City Clerk's budget.
Approved by Finance Department:�� `
RECOMMENDATION:
Approve Resolution 2011 -003, authorizing the City Clerk to appoint Brenda Ballou as the Deputy
City Clerk.
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
CALL TO ORDER
The December 13, 2010 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and Marianna Keil
Jean Bardarson Vanta Shafer
Bob Valdatta
comprising a quorum of the Council; and
Phillip Oates, City Manager
Jean Lewis, City Clerk
Johanna Kinney, Deputy City Clerk
ABSENT — Tom Smith, Ristine Casagranda
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
"Mrs. Claus" (Teen and Youth Center Director Josie Ronne) spoke to the council and
announced upcoming events such as Breakfast with Santa. Her TYC "elves" handed out cookies to
the council and public. She also said the TYC had Sewardopoly board games and gift wrapping
services. Winter camps and activities would be planned during the Christmas Break, and to call the
TYC for more information.
Paul Rupple, on behalf of the Seward Community Foundation, thanked Seward and Moose
Pass for their support for the past three years. In 2010, the foundation awarded over $11,000 in
grants to local organizations. He listed the many contributions the Seward Community Foundation
had made in the past year. The endowment had grown tremendously over the year, due to an
unexpected donation from the Rasmuson Foundation, a generous donation from someone they lost
this last year, and through the citizen's donating through the Alaska Pick, Click, and Give option for
the Alaska Permanent Fund. The Seward Community Foundation's endowment was now over
$400,000.
Mark Kulstad, spoke on the potential tax increase to fund the library. He was not in favor
of another tax increase. As an owner of a hotel in Seward, he found it difficult to bring people in and
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
he felt this would make it worse. He didn't like charging more to Seward's visitors, when it was
already so difficult to get them to Seward.
Dan McDonald agreed the library museum project was a good idea and he hoped they could
exhaust other avenues before looking at raising taxes. He hoped council spent as much time on the
funding of the library as well as the development of it.
John French, spoke in favor of the sales tax increase for the library museum project. He
reminded council they passed the bond issue already. Between the two options of property and sales
tax, he felt a sales tax would reach out to more of the library users. He felt it was more fair and
equitable.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson /Shafer) Approval of Agenda and Consent Agenda
The mayor added a special presentation under Special Orders, Presentations, and Reports.
Motion (Keil /Shafer) Postpone the introduction of Ordinance
2010 -009 and Resolution 2010 -130 to the
January 10, 2011 meeting and postpone
Resolutions 2010 -127, 2010 -128, 2010 -129
to the January 24, 2010 meeting.
Motion to Postpone Passed Unanimous
Main Motion Passed Unanimous
The clerk read the following approved consent agenda items:
The November 22, 2010 Regular City Council Meeting Minutes were approved.
The December 27, 2010 regular city council meeting was cancelled.
Council approved the Restaurant Eating Place Public Convenience Liquor License renewal
application for Railway Cantina and Oriental Gardens.
Council agreed to sign letter regarding competing applications for a Community Health
Center between the City and Chugachmuit.
Resolution 2010 -118, Repealing Resolution 2007 -094 And Adopting A Revised Records
Retention Schedule For The City Of Seward.
Resolution 2010 -119, Amending The 2010 Budget To Record Expenditures Of $127,557.38
Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees
Retirement System Liability, Per HB81.
a3
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
Resolution 2010 -120, Adopting An Alternative Allocation Method For The FY2011 Shared
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 2010 -121, Authorizing The City Manager To Appropriate Additional Funds To
Complete The VOIP/PBX Installation For The City Of Seward, Providence Seward Medical
Center And Seward Mountain Haven In The Amount Of $20,643.65.
Resolution 2010 -123, Authorizing The City Manager To Enter Into A Contract With Harris
Sand And Gravel For An Amount Not To Exceed $42,000 For Repairs To T Dock And
Appropriating Funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
Mike Moore was congratulated on his Governor's Award of EMS Provider Of The
Year.
The Mayor presented a plaque of appreciation to Jean Lewis for her services as City
Clerk from May 2002 to December 2010.
Borough Assembly Report, Sue McClure stated she spent some quality time with elected
officials at AML. She spoke of the land sale in Hope. The opening of the bids was January 15, 2011
in Hope. She spoke of the education cap would be down a bit this year but the expenses were up a
million or so. One issue was the original budget presentation that was normally given in Seward
would be given elsewhere this year, which McClure did not support.
City Manager's Report, City Manager Phillip Oates stated the a contract for $49,952 was
signed with Central Environmental to demo the Lechner house /blue house on the property south and
west of the library, the new Library Museum site. Central Environmental was the company currently
working on the demolition of Wesley, and this work should begin this week. CE's bid for $49,952
includes abatement and disposal of asbestos materials including the concrete foundation. Only the
house would be demolished and all utilities would be cut and capped at the building line. The site
would be back filled and graded. Good news was the repair timeline for the Lowell Creek Bridge
was extended into January 2011.
In the Harbor Department, the Breakwater extension project was complete. The USCG re -lit
the navigational aid on Wednesday, December 8, 2010 and the warning buoys were removed on
Friday. The City was impounding two additional vessels at the Seward Marine Industrial Center for
non - payment of storage fees. The vessels owners would have 20 days to file a written appeal with the
City Clerk for an administrative hearing. The Z Float installation project was progressing well. The
trestle and approach gangway were under construction, and divers installed anodes on the pilings this
past week. The City had been watching a coastal erosion problem at SMIC which threatened a
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
USCG communication tower and a cell -phone tower. The Harbor's Used Oil and Used Anti- Freeze
programs continue to protect the environment and save the city money. In 2010, approximately 2250
gallons of anti - freeze and 5,370 of used oil had been collected. The used -oil was processed and
recycled by harbor staff and used to heat city buildings, the used anti- freeze was collected by a
private company and recycled. Oates wished all Happy Holidays.
In response to Council, Oates stated they still hoped to have the Lowell Creek Bridge Repair
Project completed on its original timeline.
City Attorney Report, Cheryl Brooking stated the city attorney firm continued to provide
advice on records requests, Open Meetings Act, contracts, design agreements, funding alternatives
for projects, as well as prepared and reviewed organizational documents on the Community Health
Center. They worked on platting and code enforcement questions. Regarding the city litigation to
obtain land by taking, the appellants had appealed and their brief would be due January 11, 2011 and
the city was moving forward with getting the valuation established. In the Harbor, they assisted with
vessel compliance, leases, easements, compliance concerns, and insurance recommendations. They
worked with the Electric Department on utility rights and the Railbelt Cooperation.
In response to council, the tract B land issue was appealed to the Supreme Court, Brooking
said it did not interfere with the city's timeline for the progression of this project.
Mayoral Report, Mayor Willard E. Dunham stated he just got back from a warm vacation.
He had opportunities to look at other cities and how they prepared for the holidays. He thought they
could pick something for enhancement each year, whether it was an additional tree or some form of
decoration. Other communities added a little piece at a time. He felt our downtown was beautiful
and he wanted to add to it. He suggested each time they work a budget; they had an additional
"plus" for the community — park bench, tree, etc. Kicking off the holiday season with ceremonial
tree lighting would be ideal, too. Northland Barge and Tug came to town today and Dunham
congratulated the AK Railroad for attracting them back. He had a meeting tomorrow night on the
Economic Development and he had a previous engagement in Anchorage with the Japanese
Consulate. On Wednesday, January 15, 2011 Dunham would be meeting with the Secret Service and
the City Manager regarding the recent credit card fraud. The National Guard would meet with
Dunham on Friday to look at previous property they had once had, to see if they could have people
be a part of the guard in Seward to establish an armory.
Other Reports, Announcements and Presentations
Representative Paul Seaton Gave A Power Point Presentation On Health And Wellness
Public Policy.
PUBLIC HEARING
Ordinance 2010 -008, Establishing The Seward Community Health Center Board Of Directors.
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.
a �
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
Motion (Bardarson /Shafer) Enact Ordinance 2010 -008
Oates stated the intent of this ordinance. Start up costs were expected for this board, but
unknown at this time. The intent was to allow the city council to select the initial members for the
Seward Community Health Center Board of Directors. This new board needed to meet by tomorrow
to comply with the CHC application guidelines.
Rules were suspended to allow Jimmy Ng, who was providing assistance to
administration on the CHC application, to explain that the City Council could be the entity
that could establish the executive director.
Brooking stated this ordinance was being added to title two of the code, which provided
indemnification to boards and commissions. But because they were providing health care services,
by ordinance and by charter, indemnification would not apply to this board (it would apply under the
board's non profit status).
Motion Passed Unanimous
NEW BUSINESS
Resolution 2010 -122, Appointing Individuals To Serve As Charter Members Of The Seward
Community Health Center Board Of Directors.
Motion (Bardarson /Shafer) Approve Resolution 2010 -122
Oates stated the initial board members would be appointed by the city council. He was
gratified to have so much interest in those who would like to serve on the board. The council only
appointed the initial members. He recommended selecting 15 members to make up the initial board.
The second 15 members were to recognize those who volunteered as recommendations as
replacements to the board. He recommended approval.
Shafer, Bardarson and Keil declared a potential conflict as they were on the initial and
recommended replacement lists of the board. They asked for a ruling, Mayor Dunham ruled
no financial conflict existed, and the council did not appeal that decision.
Brooking noted the financial benefit of conflict of interest did not apply here but noted this
potential conflict was different, as it was a common law conflict that referred to duty of loyalty. This
resolution triggered that, because the members in question would be on two differing entities. A
conflict was not apparent with this initial resolution, but for future instances, there could be a
potential conflict down the road, so she recommended each time an issue regarding this board came
up, that a ruling on a conflict was recommended each time.
Valdatta wanted to know if anyone from the EMT, fire department, or ambulance Corps was
represented on the board. Oates stated not at this time.
Motion Passed Unanimous
ab
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
Council recessed 8:38 p.m.
Council resumed 8:50 p.m.
Resolution 2010 -124, Amending The 2010/2011 Biennial Budget To Reflect Mid -Cycle Budget
Changes To The Electric Enterprise Fund Only, And Appropriating Funds.
Motion (Bardarson /Shafer) Approve Resolution 2010 -124
Oates stated the city passed its first biennial budget last year. The city intended to do a mid
cycle amendment at least once and that was the intent of the resolution before them tonight.
Revenues and expenses were further modified to be a more concise account for the Electric
Enterprise Fund. He recommended approval tonight. Erchinger clarified that the major change was
to break out on the operating revenue side of the budget, the energy revenue charges to the public.
She reminded the council that last year the staff recommended utility rate increases since one had not
been passed in a long time. Instead, rates were increased in 2010 and another planned for 2011. She
still felt it was not enough to sustain the electric utility. She projected they would run out of cash in
the electric enterprise fund at the end of 2012. This would also impact the general fund budget.
Valdatta felt the city had a lot of inventory in comparison to Chugach Electric. Erchinger
said they needed to bulk up their inventory over the last few years due to projects in town; the city's
inventory had remained fairly consistent, she felt. She also thought it had more to do with the
location of Seward as well.
Motion Passed Unanimous
Resolution 2010 -125, Amending The 2010/2011 Biennial Budget To Reflect Mid -Cycle Budget
Changes, And Appropriating Funds.
Motion (Keil /Bardarson) Approve Resolution 2010 -125
Oates stated the intent of this resolution was similar to the previous one. Staff would
continue to explore loan and grant opportunities. Oates listed the numerical capital needs for the
various City of Seward departments and budgets.
Erchinger noted the two funds that were consistently able to meet their budget requirements
were the parking enterprise fund and the motor pool fund. The other funds of the city, however,
relied on state and federal funding and unfortunately times were changing. She felt that this was a
non- sustainable model and they should develop some set of revenue source in order to avoid being
faced with huge rate increases down the road, which would be the other option, in her opinion.
Keil stated the road improvements scheduled for 2010 to 2011 was moved because of DOT,
which Oates confirmed. It was unknown when those improvements would be made, but they would
be made, Oates thought. Erchinger was concerned about revenue sharing eventually moving to
pension contributions.
arl
City of Seward, Alaska City Council Minutes Volume 38, Page
December 13, 2010
These items did not have funding associated with them, each item, if funding was discovered,
would come before council for approval.
Council suspended the rules to allow Representative Paul Seaton to speak on the state
capital budget. They were anticipating deficits with the decline of oil. He was working long term to
try and pay the capital expenditures off. He feared of reducing the revenue sharing as well.
Motion Passed Unanimous
Resolution 2010 -126, Authorizing The City To Become A Member Of The Alaska Railbelt
Cooperative Transmission & Electric Company, Inc., A Non - Profit Cooperative; Appointing
Two Directors As Representatives Of The City; Authorizing Articles Of Incorporation To Be
Executed And Filed; And Approying Bylaws For The Cooperative.
Motion (Bardarson /Shafer) Approve Resolution 2010 -126
Oates gave a brief synopsis of this organization before the council. The City of Seward was
slated to be a charter member if they approved this resolution tonight. There was no fiscal
requirement. The resolution established Electric Utility Manager John Foutz and Mayor Willard
Dunham as directors. This allowed the City of Seward to be a voting entity of the cooperative.
John Foutz stated new information had come in by the other utilities that affected the
articles /bylaws before the council.
Amend (Shafer/Keil) Amend Articles of Incorporation, Article
VIII, Membership by striking "electric
energy or other" and adding "one or more"
in it's place, and striking "such services
are"
Motion Passed Unanimous
Dunham declared a possible conflict of interest because he was related to a member of
another member of the cooperative and handed the gavel to Vice Mayor Bardarson. Foutz agreed
that no financial gain or compensation was involved. It was first discussed that no conflict was ruled
declared — but it was noted travel compensation would be given. For safe measure, Bardarson
ruled a conflict existed and Dunham did not vote on the motions listed below.
Bardarson questioned if her sister working for the organization as legal council was a
conflict of interest. Brooking stated it typically was not considered as a conflict in this type of
instance.
Amend (Shafer/Keil) Amend Resolution 2010 -126, section 3c:
add a comma after "City Council ", strike
"neither the Member Director of a member
City of Seward, Alaska
December 13, 2010 City Council Minutes
Volume 38, Page
of the Member Director's family ", strike
"another" and add "any" in it's place. (To
read: "The City's Member Director shall
be a resident of Seward, shall be appointed
by City Council, and shall not be employed
by any member of the ARCTEC
Cooperative. The City's selection of
Member Director shall not be limited to
elected officials. ")
Motion Passed Unanimous
Main Motion Passed As Amended Unanimous
Bardarson passed back the gavel to Mayor Dunham.
OTHER NEW BUSINESS
Council scheduled a work session with the Ad -Hoc Land Committee for Wednesday, January
26, 2011 at 7:00 p.m.
Council unanimously voted and appointed Bruce Jaffa and Bob Linville to the Port and
Commerce Advisory Board. Applicants were: Bruce Jaffa, Russ Maddox and Robert Linville.
INFORMATIONAL ITEMS AND REPORTS (No action required)
Mayor thank you letter to Principal Kingsland re: Veterans Day Program.
COUNCILS' COMMENTS
Valdatta said the movie "Christmas with a Capital C" was on the cable channel this month.
He wished Jean Lewis good luck and wished all Happy Holidays.
Shafer said she would miss Lewis and welcomed Kinney. Water was starting to be a scarce
resource on the planet. She had read Alaska was a huge resource and would like our representative
to take a look at that. She wished all a Merry Christmas and Happy Holidays.
Keil congratulated Lewis on her retirement. She congratulated Mike Moore and noted the
service he and the Volunteer Ambulance Corps proved was invaluable. She wished all a Merry
Christmas.
Bardarson wished Lewis the best on her retirement. They were going to miss her. Happy
Holidays to all. She was able to represent the city at the TOTE Reception in Anchorage and it was a
nice affair and spoke with many representatives.
Dunham thanked Bardarson for attending the TOTE reception. He wanted to outline some
D).‘
City of Seward, Alaska City Council Minutes
December 13, 2010 Volume 38, Page
"just for us" improvement items, and maybe the department heads could look at what kind of
enhancements we could be doing. He commented Pat Williams' Christmas Tree was gorgeous. He
wished all a safe and Happy Holidays.
CITIZENS' COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
ADJOURNMENT
The meeting was adjourned at 9:49 p.m.
Johanna Kinney, CMC Willard E. Dunham
Deputy and Incoming City Clerk Mayor
(City Seal)
Agenda Statement
Meeting Date: January 10, 2011 SE
From: Johanna Kinney, City Clerk
411
Agenda Item: Continuation of the Port and Commerce
Advisory Board
BACKGROUND & JUSTIFICATION:
This is an annual formality. Seward City Code 2.30.330 states that at the first meeting of each fiscal
year, the City Council may continue by affirmative vote the existence of the Port and Commerce
Advisory Board. If it fails to do this, the Board will cease to exist within 30 days.
CONSISTENCY CHECKLIST: Yes No
1. Comprehensive Plan
2. Strategic Plan
3. Other
4. Not applicable _XX_
FISCAL NOTE: None
RECOMMENDATION:
Council approve this continuation and renew the Port and Commerce Advisory Board for another
year through January 2012.
z f1
DEC 2 9 2010 ALASKA
CITY OF SEWARD, ALAS
APPLICATION FOR THE
`"° SEWARD PLANNING AND ZONING COMMISSION
NAME: d a /C
STREET ADDRESS: /0 70 2 4V6
MAILING ADDRESS: 7Q 0 / 73
HOME TELEPHONE: Z 7/ BUSINESS PHONE: / ?t `° v/?
E -MAIL ADDRESS: 3AL6 Ai rs 6'1 ve
HOW LONG IN THE CITY LIMITS OF SEWARD: 7 ties
PRESENLY EMPLOYED AS: ,4 U / /Ai 5 17
List any special training, education or background you have ich may help you as a
member of the Commission. A vie 7L/) Un/ � o .0 m t 5/4E4 7 31%5
Have you ever developed real property,Rther than your own personal residence? If so,
briefly describe the development: /If
I am specifically interested i� serving on the Planning and Zoning Commission because:
( 674/44 Z� f / G V o
Have you ever served on a similar commission elsewhere? Yes or �T
If so, where? And when?
Are you available for meetings Tuesday evenings? ! C 5
If appointed, are you willing to travel: Often //Occasionally sionally Rarely Never
ft/f/A / 7 0o/
Signature Date
3\
AGENDA STATEMENT
Meeting Date: January 10, 2011 4 SEi
OkA
From: Johanna Kinney, City Clerk v
Agenda Item: Non - objection to the Liquor License Renewal q(A KP
for Ray's Waterfront Bar and Grill and the •
Yukon Bar
BACKGROUND & JUSTIFICATION:
The City Council has an opportunity to object to the request for a liquor license renewal
for Ray's Waterfront Bar and Grill and the Yukon Bar. The City of Seward Police
Department, Fire Department, Utilities Department and the Kenai Peninsula Borough
Finance Department have no objections to the liquor license renewal for 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 Beverage Dispensary Liquor License renewal for Ray's Waterfront
Bar and Grill and the Yukon Bar.
33
MEMORANDUM sets,
Date: December 28, 2010 u `�•+'
14.A51-
To: Kim Kowalski Rogers, Finance — Leases
Kari Atwood, Finance — Public Utilities
Chief Tom Clemons — Police Department
Chief David Squires — Fire Department
From: Johanna Kinney, City Clerk
Sub j: Verifying Compliance forte renewal application of seasonal beverage
dispensary liquor license for Ray's Waterfront Bar and Grill.
The following business has applied for a renewal of their seasonal beverage dispensary liquor
license.
Please review the following business for compliance with all utilities, lease payments, and
assessments. Thank you!
Name Department Status Initials
Ray's Waterfront, #2790
Janaska Corporation
Finance/Leases a ►` Peg--
Finance/Utilities
Police Chief SOX
Fire Chief
3a
MEMORANDUM
r j OF Seiy
Date: December 28, 2010 a °►''"�`�'�
To: Kim Kowalski Rogers, Finance — Leases -r
4 �ASKP
Kari Atwood, Finance — Public Utilities
Chief Tom Clemons — Police Department
Chief David Squires — Fire Department
From: Johanna Kinney, City Clerk
Subj: Verifying Compliance for the renewal application of beverage dispensary
liquor license for the Yukon Bar.
The following business has applied for a renewal of their beverage dispensary liquor license.
Please review the following business for compliance with all utilities, lease payments, and
assessments. Thank you!
Name Department Status
Initials
Yukon Bar, #1245
Yukon Tender
Finance/Leases
Finance/Utilities
Police Chief 0/2 e.�
Fire Chief 04-
KENAI PENINSULA BOROUGH
l 1 44 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
BOROUGH CLERK
January 3, 2011
Ms. Christine Lambert
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 E. Tudor Road
Anchorage, Alaska 99507 -1286
RE: Non - Objection of License Renewal
Business Name Ray's Waterfront Bar & Grill
License Type • Beverage Dispensary - Seasonal
License Location • City of Seward
License No. • 2790
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 don't hesitate to let us
know.
Sincerely,
Johni Blankenship, CMC
Borough Clerk
JB /kIr
cc: Applicant
City of Seward
KPB Finance Department
File
KENAI PENINSULA BOROUGH
I 1 44 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
BOROUGH CLERK
January 3, 2011
Ms. Christine Lambert
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 E. Tudor Road
Anchorage, Alaska 99507 -1286
RE: Non - Objection of License Renewal
Business Name Yukon Bar
License Type • Beverage Dispensary
License Location • City of Seward
License No. • 1245
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 don't hesitate to let us
know.
Sincerely,
Johni Blankenship, CMC
Borough Clerk
JB /kIr
cc: Applicant
City of Seward
KPB Finance Department
File
3'1
KENAI
Type: Club
Lic #: 368
DBA Name: BPO Elks Lodge #2425
Premise Address: 205 Barnacle
Owner: BPO Elks Lodge #2425
Mailing Address: 205 Barnacle, Kenai 99611
SEWARD
Type: Beverage Dispensary - Seasonal
Lic #: 2790
DBA Name: Ray's Waterfront Bar & Grill
Premise Address: 1316 Fourth Ave.
Owner: Janaska Corporation
Mailing Address: PO Box 1750, Seward 99664
Type: Beverage Dispensary
Lic #: 1245
DBA Name: Yukon Bar
Premise Address: Fourth & Washington
Owner: Yukon Tender Inc
Mailing Address: PO Box 992, Seward 99664
OUTSIDE CITY LIMITS
Type: Package Store
Lic #: 867
DBA Name: Pioneer Liquor & Gas
Premise Address: Mile 18 Hope Hwy
Owner: Dean & Megan Davidson
Mailing Address: PO Box 49, Hope 99605
Type: Lodge - Seasonal
Lic #: 4928
DBA Name: Tutka Bay Lodge
Premise Address: South Shore Tutka Bay
Owner: Within The Wild Adventure Company
Mailing Address: PO Box 91419, Anchorage 99509
We have received application(s) for renewal of liquor license(s) listed licensees within
your jurisdiction. You are being notified as required by AS 04.11.520. Additional
information concerning filing a "protest" by a local governing body under AS 04.11.480
is included.
A local governing body as defined under AS 04.21.080(11) may protest the approval of
an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with
a clear and concise written statement of reasons in support of a protest within 60 days of
receipt of this notice. If a protest is filed, the board will not approve the application
unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in
accordance with AS O4.11.510(b), the board will notify the applicant that the application
is denied for reasons stated in the protest. The applicant is entitled to an informal
conference with either the director or the board and, if not satisfied by the informal
conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630.
IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY
MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST.
Under AS 04.11.420(a), the board may not issue a license or permit for premises in a
municipality where a zoning regulation or ordinance prohibits the sale or consumption of
alcoholic beverages, unless a variance of the regulation or ordinance has been approved.
Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or
ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal
zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages
at the proposed premises and no variance of the regulation or ordinance has been
approved, please notify us and provide a certified copy of the regulation or ordinance if
you have not previously done so.
Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic
beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two
separate and distinct subjects. Please bear that in mind in responding to this notice.
AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the
appropriate community council(s).
If you wish to protest the application referenced above, please do so in the prescribed
manner and within the prescribed time. Please show proof of service upon the applicant.
For additional information please refer to 13 AAC 104.145, Local Governing Body
Protest.
Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS
04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body.
Sincerely,
SHIRLEY A. GI FORD
Director
a 1
A /a.k.. ae a buyiert
Christine C. Lambert
Records & Licensing Supervisor
269 -0359
Christine.lambert@alaska.gov
kb
J anuary 2011 January 2011 February 2011
SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
2 3 4 5 6 7 8 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28
30 31
Monday Tuesday Wednesday Thursday Friday
Jan 3 4
5 6 7
7:30pm P &Z Meeting;
n ,
m
10 - 11 112 13 t 14
EE CC WS' AB-F{o 1200pm Seward Comm
City Council
v J
17 18 19 20 21
12:00pm PACAB Work S 9:00am Social Security
6:30pm Historic Preser
N
r-1
N
25 26 27 28
7:00pm City Council M 6:30pm P&Z Work Ses 7:00pm CC WS; AD Ho 9:00am Social Security
'ct
31 Feb 1 2 3 4
v
LL
(n
M
C
ra
Nanci Richey 1 1/5/2011 4:08 PM
February 2011 March 2011
February 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 3 4 5 1 2 3 4 5
6 7 8 9 10 11 12 6 7 8 9 10 11 12
13 14 15 16 17 18 19 13 14 15 16 17 18 19
20 21 22 23 24 25 26 20 21 2 2 23 30 24 25 26
27 28 27
Monday Tuesday Wednesday Thursday Friday
Jan 31 Feb 1 2 3 4
7:30pm P &Z Meeting
v
.a
a,
LL
r-i
m
m
7 8 9 10 11
11:30am Seward Comm
a,
LL
16 17 18
7:OOpm City Council M ):30pm P &Z Work Ses 12:00pm PACAB Work S 9:00am Social Security
---- 6:30pm Historic Preser
w
-
LL
21
22 23 24 25
President's Day; Offiol
N
r-I
4
U1
LL
Mar 1 2 3 4
7100pm City Council M
CO
N
U
LL
2 1/5/2011 4:10 PM
Nanci Richey