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HomeMy WebLinkAbout1999 City Council MinutesCity of Seward, Alaska City Council Minutes January 11 1999 Volume 34, Page 170 CALL TO ORDER The January 11, 1999, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Rick Gifford, Finance Director Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Jim Conant, received a certificate recognizing his accomplish- ment of attaining the State Championship Wrestling Title in the 140 pound weight class category. Borough Assembly Report. None. City Manager's Report. In addition to his monthly report which was supplied in the council packet, Janke noted that the Alaska SeaLife Center's Board of Directors were meeting Friday, January 8, to discuss the annual budget. Janke stated that the annual budget would be presented at the next council meeting. Regarding the Harbor Transfer meetings, Janke stated that about 60 people City of Seward, Alaska City Council Minutes January 11, 1999 Volume 34, Page 171 were in attendance at the recent Seward meeting and that he would attend the public meeting on this topic scheduled for this Wednesday in Anchorage. Shafer gave an overview of a public meeting she attended which discussed the Environmental Assessment (EA) which had been prepared for the proposed Field Training Exercise (FT}) Northern Edge which will be conducted in Seward from March 1 -14, 1999. City Attorney's Report. The City Attorney summarized activities which the law firm has been working on and summarized their November 20 - December 20 monthly report which appeared in the council packet. Other Reports, Announcements and Presentations. Seward High School students gave a presentation about the Close -Up Washington, D.C. program, and made a request for a $1,000 contribution from the City of Seward. Sally Grundman, Kathy Davidson, and an unidentified polar bear gave an update on the scheduled upcoming Polar Bear Jump -off festivities. Grundman thought about 3,000 people would attend and she expressed a hope that a lot of money would be raised to help find a cure for cancer. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Stu Clark, 1129 Park Place, complimented the Council and Administration on their good work in getting out publicity about the draft Strategic Plan and in how the City Administration handled the recent public information meeting regarding the proposed Seward Small Boat Harbor transfer. Clark noted that he recently spent time in the local medical center and was quite pleased with the excellent physicians and other staff at the center. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Blatchford /Callahan) Approve the Agenda and Consent Agenda. Satin requested adding items - Seward Life Action Letter, Spring Creek Task Force appointment and discussion of Washington, D.C. Close -Up support under new business. APPROVAL OF AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Approval of December 14, 1998, special and regular city council meeting minutes. 170 City of Seward, Alaska January 11, 1999 Non - objection to renewal to the Yukon Liquor Store liquor license. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS City Council Minutes Volume 34, Page 172 Resolution 99 -001, authorizing an increase in the professional services contract with Carl H. Neu, Jr., of Neu & Company, in the amount of $686.85, for facilitating a strategic planning process. Motion (GageBlatchford) Approve Resolution 99 -001. Schrock gave the Administration's report and explained that the cost for Neu's professional services did not increase. The excess expenses came from an increase in the travel and expenses allowance. Due to a conflict in scheduling with the City it was necessary to bring Nue to Seward on three occasions, rather than two. Motion passed. Unanimous. Resolution 99 -002, accepting a grant from the Alaska Highway Safety Planning Agency in the amount of $27,393.44 and appropriating matching funds in the amount of $9,131.15 from the General Fund fund balance, and authorizing expenditures totaling $36,524.59 in the 1999 High Risk Traffic Enforcement Fund. Motion (ShaferBathcford) Approve Resolution 99 -002. Chief Tom Walker explained that the Seward Police Department applied for and received a federal grant through the Alaska Highway Safety Planning Agency in the sum of $27,393.44, and that the terms of the grant include a 25% City match. The Police Department proposes to purchase three DWI video surveillance systems and five radar speed detection systems with the grant funds. Walker stated that the City stood to receive a tremendous value for its investment. Motion passed. 1 Yes: Blatchford, Callahan, King, Orr, Satin, Shafer No: Gage 171 City of Seward, Alaska City Council Minutes January 11, 1999 Volume 34, Page 173 Resolution 99 -003, approving an extension of the settlement agreement dated June 11, 1996, with Frank Irick concerning delinquent special assessments on Lots 15A and 15B in the Jesse Lee Heights Subdivision Addition 4. Janke gave the Administrative overview and explained how in 1994, the City initiated foreclosure proceedings on several properties due to delinquent assessment payments, included the lots owned by Frank Irick. The City received a judgement in the superior Court to foreclose its lien for delinquent installments on the special assessments and Irick appealed that judgement to the Alaska Supreme Court. The City then entered into a settlement agreement with Irick and Dan Claugus to develop the property. At this time Irick is requesting that the City forgive the assessments against the property and extend the settlement dated June 11, 1996, to September 30, 2000. Irick gave a presentation and explained his history with Claugus and his ownership with the property back to when he purchased it in 1984. Irick noted that he was now 80 years old and viewed this property as his retirement. Jennifer Anderson, Irick's wife and bookkeeper, explained that Irick originally purchased the property from the City for $187,500 but soon after was assessed $136,893 for City improvements which were put in against his will. Anderson explained that Irick has put his whole heart and soul into trying to get a project developed on this land. Callahan stated that he would like to see this issue postponed and to hold a work session on this topic. Janke stated that he would arrange a time to set up a work session during the coming week. Motion (Satin /Shafer) Postpone Resolution 99 -003 to the next regularly scheduled council meeting. Motion passed. Unanimous. Resolution 99 -004, authorizing the City Manager to purchase a new lift station pump at a cost of $13,247 from Alaska Pump & Supply Inc., and accepting $11,476.04 in insurance recovery proceeds. Motion (Shafer /Satin) Approve Resolution 99 -004. Gifford gave the administrative overview and explained how a lift station pump in the Small Boat Harbor failed the evening of October 25 and that a repair quote was received for $12,476.04 and that a new pump could be replaced for $13,247 and it was the recommendation to use insurance proceeds to purchase a new pump. Motion passed. Unanimous. Centennial Commission Discussion. 172 City of Seward, Alaska City Council Minutes January 11, 1999 Volume 34, Page 174 Satin explained that the City is only four years away from its Centennial Anniversary and the City should give a small amount of initial funding and help organize skilled grant writers at this time so that the City will be prepared to put on something significant in four years. Janke suggested that as the next budget is put together the City would look at funding the Commission. Orr suggested establishing the Commission prior to the next budget. Janke suggested introducing an Ordinance to establish the Commission, but the Council should be sure to sunset the Commission. Blatchford said that Seward had a lot of important history and that the perfect time to work on this event is now. He suggested asking the United States Post Office to do a historic commemorative stamp. Seward Life Action Council letter Seward Life Action Council is requesting a letter on behalf of various community individuals and agencies to obtain grants for the purchase of a mini -van with a wheel chair lift. After a brief discussion, there was unanimous council support to send a letter on behalf of SLAC support of their grant request. Spring Creek Task Force Janke requested a City Council Representative be appointed to the Spring Creek Task Force to investigate problems with work force stability and make recommendations to resolve. Motion(King/Satin) Appoint Nathan Orr to Spring Creek Task Force. Motion passed. Unanimous. Washington D.C. Close -Up Support. Motion (Gage/Shafer) Contribute $1,000 to the Washington D.C. Close -Up program. Motion passed. Unanimous. COUNCIL COMMENTS Shafer stated she was proud of the Seward City Employees and their ability to deal with the recent huge snowfall. Gage spoke in support of the Polar Bear Jump -off. 173 City of Seward, Alaska January 11, 1999 City Council Minutes Volume 34, Page 175 Callahan supported the Washington D.C. Close -Up Program and encouraged everyone to make an additional personal contribution. King thanked all the volunteers who helped to organize the Polar Bear Jump-off. Blatchford thanked the Polar Bear Jump -off Committee and wished everyone a fun weekend Satin noted that this was the first meeting of the penultimate council in this millennium. He appreciated his neighbors and friends who helped with his chimney and with seeing that the snow from around his home was removed while he was out of town. CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:13 p.m. Patrick Reilly City Clerk O Lowell R. Satin Mayor (City Seal) 174 City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34, Page 176 I CALL TO ORDER The January 25, 1999, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Tom Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. Assemblymember Pat O'Brien updated the council on the reorganization following the October election. Homer representative Ron Drathman is now the President and O'Brien is the vice -chair of the finance committee. OBrien is also a liaison to the Bear Creek Service Area, along with assemblymembers Bill Pop and Drew Scalzi. New assemblymembers are Pete Sprague and Paul Fisher. O'Brien discussed the recent vote on the forming an advisory planning commission for the Bear Creek Area. He noted that votes opposed formation of this advisory commission. O'Brien expressed some concern that an unsigned letter opposing the advisory commission was mailed to the area, and the letter gave the impression it was from him when it was not. O'Brien stated that if the community wishes to have a bike path on the stretch of highway from mile 0 -8, the community needs to make a real concerted effort in order to show broad based support for the project. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34, Page 177 In closing, O'Brien complimented Parks and Recreation Director Karin Sturdy on the quality of her work, including the quality of her agenda statements in the council packets. City Manager's Report. Scott Janke stated that he would be going to Juneau later in the week and that he would be meeting with the Department of Transportation Commissioner, Joe Perkins, on transportation issues and that he would try to get a letter from the Governor asking for support for a separated bike path. Janke introduced Skip Barber, formerly ofthe Alaska Department of Transportation, now of the Federal Emergency Management Agency. In response to a question from Gage, Janke updated the council on the extent of damage which occurred to two fire trucks which bumped into each other while responding to a fire call. Orr suggested a work session to update the council on the Alaska SeaLife Center and to educate the council about the role of the council in relationship to the Center. Janke responded that the Alaska SeaLife Center Executive Director, Kim Sundberg, is willing to give a presentation at the next council meeting and that the Alaska SeaLife Center has resolved their short-term cash flow problems. City Attorney's Report. None. Other Reports, Announcements and Presentations. Providence Seward Medical Center and Health Council Updates were given by - Gary Hughes, Providence Seward Medical Center Administrator and Barbara Fleming, Providence Seward Health Council. Both reports were positive and upbeat in announcing that the Providence Seward Medical Center health community is responding to the needs of the Seward community and keeping their commitments which were made to the community prior to the construction of the health center. Mayor Bob Satin, 425 4 Avenue, gave the first State of the City Address. Satin expressed a hope a hope that the State of the City Address will become an annual event by future City of Seward Mayors. Satin gave an overview of how the city functions, history, and the public's role in the government. There was a budget overview which the Mayor stated showed the city was healthy, not very wealthy, but getting wiser every day. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Rosemary SardaroIT, 1302 Chamberlain, spoke in opposition to the council sending a letter of non - objection to the transfer of a liquor license to Three Bears; L &J Enterprises, Inc. Sardaroff reminded the council about all the ills that are produced as a result of alcohol consumption and that the council should do everything in its power to limit alcohol in the Seward community. Stu Clark, 1129 Cliff View, thanked the hospital for the excellent care he has been receiving. Clark spoke about the proposed harbor transfer and suggested that the budget is clear to allow a positive cash flow for the harbor. He suggested not including the industrial park across the bay in the same budget since it could lead to a cash drain, or the appearance of a cash drain, on the harbor budget. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34 Page 178 t t Dennis Lodge, Camelot, spoke in support of his interest in getting reappointed to the Prince William Sound Regional Citizens' Advisory Council Board of Directors. He updated the council on recent advisory council activity and stated that he enjoys his service on the council. Ron Long, Camelot, spoke in favor of Resolution 99 -006, and on behalf of his employer, Afognak Logging, noted that the council needs to balance safety and budget concerns when they are considering the community's snow plowing needs. APPROVAL OF AGENDA AND CONSENT AGENDA King stated that he had to leave in order to catch a pre - scheduled flight and he left the meeting at 8:55 p.m. MOTION (Blatchford /Satin) Approve the Agenda and Consent Agenda. Items C -5, pertaining to Alaska Tideland Survey 1574, was removed from the consent agenda, and resolution 99 -005 was placed after 99 -007. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Approval of the January 11, 1999, city council meeting minutes. Non - objection to a restaurant designation application for Christo's Palace PUBLIC HEARINGS None. UNFINISHED BUSINESS Resolution 99 -003, approving an extension of the settlement agreement dated June 11, 1996, with Frank Irick concerning delinquent special assessments on Lots 15A and 15B in the Jesse Lee Heights Subdivision Addition 4. Motion (Gage/Blatchford) Postpone resolution 99 -003 to the next council meeting. Councilmember Gage asked to have this item postponed because she did not think that Irick thought the issue would be discussed and voted upon tonight. Gage thought that Irick would be here if he thought that the council and administration was prepared to take action on this issue. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34, Page 179 NEW BUSINESS Ordinance 99 -01, amending Title 9, Health and Safety by deleting all references to Kennels in Chapter 9.05 Animals and Fowl; and amending Title 15, Planning and Land Use Regulations, regarding Animal Shelters. Motion (Gage /Shafer) To introduce Ordinance 99 -01 and set for a public hearing at the February 8, 1999, city council meeting. Community Development Director Martin gave the administrative overview. Martin noted that there is currently a conflict between the city zoning code and Chapter 9.05, Animals and Fowl, and the passage of this ordinance will eliminate the conflict and to make it clear that Kennels are not allowed within the city of Seward Motion passed. Unanimous. Ordinance 99 -02, relating to and limiting open alcohol containers, deletion of physical barriers, updating City Codes related to the legal drinking age, establishing a provision for an exception to open containers, and providing for a misdemeanor offense and penalty. Motion (Callahan/Gage) To introduce Ordinance 99 -02. Shafer inquired as to whether imposing criminal penalties will mean a need for more officer time. In response to a question from Orr, the administration stated that a person will still be allowed to have alcohol on a boat in the harbor, the open container ban will only be on the actual dock, not on a person's boat. After further discussion, the council decided it would be appropriate to have a work session on this ordinance and to invite the attorney to participate at the work session. Motion (Gate /Callahan) Motion passed. Postpone introducution of Ordinance 99 -02 to the February 8, 1999, city council meet- ing and have a work session on this ordi- nance at 6:30 prior to the council meeting. Unanimous. Ordinance 99 -03, amending Seward City Code Title 5 to provide that beginning January 1, 2000, the fiscal year of the City shall begin on January 1 of each year. Motion (Orr /Shafer) Introduce *Ordinance 99 -03 and set for a public hearing at the February 8, 1999, city council meeting. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34, Page 180 Resolution 99 -006, appropriating $35,000 from the General Fund, Fund Balance to the Snow and Ice Removal Account and increasing the Afognak snow removal contract from $28,000 to $53,000. Motion (Callahan /Orr) Approve Resolution 99 -006. Motion Passed. Yes: Blatchford, Callahan, Gage, Orr, Shafer, Satin Absent: King Resolution 99 -007, appropriating the 1988 wholesale capital credits from Chugach Electric in the amount of $70,838 from the Electric Fund Retained Earnings Account, appropriating $10,956 from anticipated excess camping revenues, to the Waterfront Improvements Fund, and appropriating the total of $81,794 to Waterfront Improvements Fund for the purpose of camper density reduction and campground and park improvements. Janke noted that it has come to his attention that the city is in jeopardy of losing a grant designated for the purchase of property in the Gateway Subdivision to be use as a park. Janke stated that the grant expires this July and negotiating with a property owner could take beyond that time and he recommends using these funds to go into the municipal park waterfront improvement project. The administration checked with our legislative leaders in Juneau and received approval for a change in the usage of these funds. Motion (Orr /Shafer) Approve Resolution 99 -007. Motion (Orr /Gage) Amend heading of the resolution to "...ap- propriating funds originally earmarked for the Gateway land acquisition grant in the amount of $59,200, and appropriating $22,594 from anticipated excess camping revenues to the Waterfront Improvements fund..." Amendment passed. Yes: Blatchford, Orr, Satin, Shafer No: Callahan, Gage, Absent: King Parks & Recreation Director Karin Sturdy gave an overview of the administration's seven point plan to improve the waterfront park. This plan included: 1) Increase camping fees to offset costs of enforcement and future improvements; 2) Decrease camper density; 3) Improve the camper experience through landscaping and other amenities; 4) Encourage Seward Chamber of Commerce to promote private campgrounds to reduce the population density in Waterfront Park; 5) Launch a public awareness campaign to announce all related changes; 6) Mitigate the alcohol abuse problem; 7) Ensure an appropriate level of security and enforcement via police, correction officers, parks and recreation staff, and /or other options. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34 Page 181 Gage expressed an interest in seeing that the Gateway grant funds go toward purchasing and developing a tot lot in the Gateway area and for the benefit of year -round residents, rather than to see the funds going to tourists. Janke responded that the current concern with Gateway funds is that it involves land acquisition and this process takes time, and the city may not be able to make substantial progress with these grant funds prior to the funds needing to be returned. Orr stated that he understood Gage's concerns but felt that the council should support the current proposal from the administration to use the funds on the waterfront. Orr suggested using proceeds from the sale to Afognak Logging of the Chugach sawmill site. Council could then use these funds, which the city will receive as soon as the purchase is finalized, to purchase property in the Gateway area. Gage questioned whether the administration intended to propose refunding money received in the 1988 wholesale capital credits from Chugach to the utility customers. Motion (Orr/Blatchford) To postpone Resolution 99 -007 to the February 8 city council meeting. Motion passed. Yes: Blatchford, Gage, Orr, Satin, Shafer No: Callahan Absent: King Resolution 99 -005, increasing municipal camping fees to $6.00 per tent, $10.00 per RV unit, $15.00 per utility site, $2.00 per winter camping unit, and on July 3, 4 and 5 of each year, the fees will be as stated above, except $12.00 per RV unit and $17.00 per utility site. Motion (Orr /Gage) Approve Resolution 99 -005. Callahan spoke in favor ofpostponing fee increases. He suggested that after the campgrounds are improved, or as they are getting improved, then the city could increase fees. Janke responded that, for argument's sake, that even if the city did not improve the campgrounds he would suggest increasing fees because the market will bear it. In response to a question from Orr, Parks and Recreation Director Sturdy responded that there was no proposed fee increase to tent sites largely because these sites are the least developed, with many sites not being level. Callahan spoke in favor of keeping the tent fee at $6 per site. Motion (Orr /Gage) Increase tent fee in Section 1, from $6.00 per site to $7.00 per site. Motion failed. Yes: Orr No: Blatchford, Callahan, Gage, Satin, Shafer Absent: King City of Seward, Alaska City Council Minutes January 25 1999 Volume 34, Page 182 Callahan spoke in favor of raising the tent camping fees during the July 3 -5 of each year. Motion (Callahan /Gage) Increase tent fee in Section 1, from $6.00 per site to $10.00 per site for July 3 -5. t Amendment passed. Yes: Blatchford, Callahan, Gage, Satin No: Orr, Shafer Absent: King Main motion passed. Unanimous. Non - objection to the transfer of a liquor license to Three Bears; L &J Enterprises, Inc. Motion (Gage /Orr) Approve sending a letter of Non - objection to the transfer of a liquor license to Three Bears; L &J Enterprises, Inc. to the Alcohol and Beverage Review Board Council addressed Ms. Sardaroffs comments concerning the transfer of a liquor license but felt that there was little that the council could object to under the city code. Motion passed. Yes: Blatchford, Callahan, Gage, Orr, Shafer No: Satin Absent: King Appointment of two planning and zoning commissioners for three year terms, Applicants: Kristi A. Larson; Michael B. Calhoon. Motion (Satin /Shafer) Motion passed. Motion (Satin /Orr) Motion passed. Approve Kristi A. Larson to a three year seat on the planning and zoning commis- sion. Unanimous. Approve Michael B. Calhoon to a three year seat on the planning and zoning com- mission. Unanimous. Council consent to submitting Alaska Tideland Survey 1574, preliminary plat to the Seward Planning and Zoning Commission for review and recommendation to the Kenai Peninsula Borough. City of Seward, Alaska City Council Minutes January 25, 1999 Volume 34 Page 183 Janke and Martin gave the history of this land issue, and explained that consenting to submitting this preliminary plat to the Kenai Peninsula Borough is merely a formality which the council needs to go forward with because the city agreed to this several years ago when the property was purchased by Afognak Logging. Motion (Orr /Shafer) Motion passed. COUNCIL COMMENTS Approve submission of the preliminary plat to the Kenai Peninsula Borough. Unanimous. Shafer stated that she has been contacted by people concerned about the city addressing the Y2K computer bug issue. She suggested that various departments may wish to update the community with what they are doing through articles in the newspaper or holding public meetings. In response to Shafer, Janke stated that he had spoken to the finance director about this and was told that prior councils were not interested in appropriating funds for this purpose, but Janke thought that doing public information workshops might be fine because it would not cost money. Janke stated that the city is doing fine with monitoring and addressing Y2K issues, but we could do better addressing the public's questions. Satin stated that there will be a report on this issue no later than March to see how the city is progressing on the Y2K issue. Callahan stated that if residents are concerned about losing a park in the Gateway area they should address the council about this issue. Gage noted that the Navy will be in town March 1, and this will be 10,000 or more marines. Blatchford thanked the Mayor for his State of the City Address. And regarding upgrading the waterfront, he stated that he preferred Sitka Spruce because they stay green for the winter. Satin stated that he believes that we should forward the Chugach Electric Association capital credit refund to those who paid for the electricity usage. CITIZENS' COMMENTS Ron Long, Camelot, thanked Mayor Satin for his State of the City Address. He agreed with the Mayor that it is important to protect our capital infrastructure, particularly from potential flood damage. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT City of Seward, Alaska City Council Minutes January 25 1999 Volume 34, Page 184 1 u 1 The meeting was adjourned at 10:58 p.m. Patrick Reilly City Clerk owell R. Satin Mayor (City Seal) ee �stxuub aa ,eee e`� y QF Sl y� ` 4 • �P V > IQ N o tp� �L'l� °'r • ;^�> OAS` 4 p ^q All 4 1 City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Page 185 CALL TO ORDER The February 8, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Lieutenant Mike Chapman led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Cindy L. Ecklund, Assistant City Clerk ABSENT 10M SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None City Manager's Report. Scott Janke stated that pre- budget work shops with the council, studying one department at a time, would start soon. Each department will receive their budget printouts and have two weeks to submit their new budgets. Orr and Callahan asked if the budget calendar could get to them by the end of the week. In response to a question from King on the possibilities of an 18 month budget, Janke stated he felt more comfortable with a 6 and 12 month budget. Janke stated he would bring a proposal to the Feb. 22 council meeting to increase the Police Department dispatch by one position. Janke intends to have a feasibility study done on the possibility of a parking structure in the harbor with an ice skating rink on the ground level. City of Seward, Alaska City Council Minutes February 8, 1999 Volume 34, Page 186 Sharon Anderson, 107 Ravina, was introduced to discuss the upcoming Northern Edge Exercises. Anderson gave an overview of the exercise; there will be approximately 1,000 soldiers in Seward; a trident submarine and two more cutters will join the Mustang in Resurrection Bay; thirty units will be stationed on land from Feb. 27 to Mar. 13. She noted Parks and Rec has set up activities for the troops. Thirty plaques have been ordered and it is proposed that a city reception be held at the Alaska Sea Life Center on Mar. 5 to present the plaques to the units. Anderson had done some cost estimates and expects the cost to be around $3,000. Power outages were discussed and the purchase of a new emergency generator was requested under the emergency provision of the procurement code. Satin clarified that this was the emergency generator for city hall and the fire hall. There were no 911 lines available and the lights were out in the jail during the recent outage. The Kenai Peninsula Borough will match up to $20,000 for purchase and installation. Janke will have a complete packet for the next council meeting. Engineer & Utilities Manager Dave Calvert read a letter included in the council packet concerning steps the public could take to help bring the power back on line sooner when there are power outages. City Attorney's Report. Attorney Meyen briefly noted work had been done on refuse facilities, Jesse Lee properties, the RFP's on the parking contract and the transfer of the Small Boat Harbor. The closing on the depot to Chugach will be finalized on Feb. 16. Other Reports, Announcements and Presentations. Kim Sundberg, Alaska SeaLife Center (ASLC) Executive Director, recapped the first season. Revenues from 1999 are projected to be $5 million with expenses at approximately $4.6 million, leaving an end balance of $400,000. Repayment to the city is scheduled for June with payment in lieu of taxes (PILT) starting in April. Debt service is $2 million a year and is the ASLC's No. 1 priority. Blatchford asked how did the ASLC intend to increase visits in reference to a table in the packet and Sundberg explained the 1998 revenues were for 7 months and 1999's are for 12 months. They are also starting a new marketing approach that should increase visits by 10 %. Blatchford asked what were the projected research project numbers for 2000? Sundberg stated that Exxon helps make the decisions on what projects are done and they are hoping to get some of the $750,000 that has been appropriated to do research on the Stellar Sea Lions. Callahan questioned the source used for the ASLC to reduce PILT and debt in 1999? Sundberg explained that there were several sources of Federal funding that would be used to pay those items. Shafer and Orr asked how were things going to change based on the public's comments? Some shifts have been made and will include more access and interpretation of research including a real time monitor of the Chiswell Island sea lion colony. Gage requested that the ASLC do more to publicize the volunteer opportunities. Satin referred to the agreements ASLC had entered into and noted that the loan required a line item budget to assure maintenance to the investors. Sundberg will look into Satin's concerns but assured all the ASLC has a good maintenance and insurance program. Blatchford wanted an explanation of the difference between the Board of Governors and the Board of Directors. Sharon Anderson, President of the Board of Directors, explained the Directors attend to the day to day operations and the Governors are the powerhouses appointed because of their networking connections and City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Page 187 their ability to raise money. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Stu Clark, 1129 Cliff View, would like to see a public hearing on the ASLC, supports a 6 & 12 month budget, glad to see a schedule for the Small Boat Harbor transfer but is concerned about management changes now that the sole responsibility for the harbor falls on the city. Jim McCracken, 204 Resurrection Blvd., would like to see water front area improvements more for day use and let private sector handle camper overflow with any new construction, city or private, strictly following city code. Marianna Keil, 1701 Chiswell, encourages council to postpone action on R99 -009, Boardwalk lease sites. She felt chamber members were not informed of the options. Bruce Siemenski, 213 Benson, would like to see the Lion's and the Chamber have the first option to lease the boardwalk sites (R99 -009) and opposes a refund to current electric customers (R99 -012). Jim Collman, 609 4th Ave., commended the city and the city manager on the public meeting concerning the Harbor transfer and thanked Mayor Satin and Councilmember Orr for attending the meeting in Anchorage. Bruce Siemenski, 213 Benson, wanted to know if the proceeds from the old RR depot sale will go into the Land Acquisition Fund. Stu Clark, 1129 Cliff View, opposes adding improved sites to the waterfront area, feels the private sector should handle this. Reminded the council that 18 months ago it was voted to close the RV dump site in the harbor in order to allow the private sector to supply this need. He does not want to see a dump across the street from a residence.. He would like to see the city keep the harbor site open for now. He expressed support for Dennis Lodge's appointment to the Regional Citizen's Advisory Board. Dennis Lodge, 12286 Lancelot Dr., Thanked the council and Mr. Clark for their kind remarks and informed the council that the by -laws of the RCAC allowed city council to attend quarterly meetings. He extended an invitation to all the council to attend. Orr directed the administration to write a letter to AVTEC thanking them for allowing their employee, Dennis Lodge, to be our representative on the RCAC. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Blatchford /Orr) Approve the Agenda and Consent Agenda. King asked to have the Minutes pulled from the consent agenda to delete his name from votes after his departure at 8:55 p.m. from the January 25, 1999 council meeting. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. City of Seward, Alaska City Council Minutes Febr 8 1999 Volume 34, Page 188 I The Assistant Clerk read the following approved consent agenda items: Appointment of Dennis Lodge to the Regional Citizens' Advisory Council Board of Directors. Approval of the January 25, 1999, city council meeting minutes. PUBLIC HEARINGS Ordinance 99 -01, amending Title 9, Health and Safety by deleting all references to Kennels in Chapter 9.05 Animals and Fowl; and amending Title 15, Planning and Land Use Regulations, regarding Animal Shelters. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. Bruce Siemenski, 213 Benson, What is the limit on the number of dogs you can have in a dog grooming shop? Does that fall under the definition of boarding? Janke stated that we did not have a definition of boarding. I No one else appeared to be heard, and the public hearing was closed. MOTION (Callahan/Blatchford) Enact Ordinance No. 99 -01. MOTION (Gage /Callahan) four Motion Passed. VOTE ON MAIN MOTION AS AMENDED Motion Passed. Amend the definition of Kennel in Section 2 to increase code from to five dogs. YES: Blatchford, Callahan, Gage, Orr NO: King, Satin, Shafer Unanimous. Ordinance 99 -03, amending Seward City Code Title 5 to provide that beginning January 1, 2000, the fiscal year of the City shall begin on January 1 of each year. t Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Shafer /Gage) Enact Ordinance No. 99 -03. Orr asked the administration what the downside to the ordinance was. City of Seward, Alaska City Council Minutes February 8, 1999 Volume 34, Page 189 Janke stated the revenue stream would not be in balance with the state's fiscal year, but that would not be that bad. The budget approval process would be closed before Thanksgiving. Satin asked why it would cost another $40,000 for the 6 month budget. Rick Gifford, Finance Director, stated the city is required to do an audit every 12 months and a 6 month audit is almost as much work as a 12 month so the cost would be the same. Janke reminded them that a line item would address the audit in the upcoming budget. Blatchford asked if changing the fiscal year to the calendar year was becoming a trend in the state. Janke and Gifford listed Valdez, Cordova, Anchorage and Homer as other cities that were changing their budget to the calendar year. Janke stated that the calendar year budget gave the public a better opportunity to participate in the budget process. Satin added that he is in favor of the calendar year budget but would like to see the cost spread over 5 years at $8,000 a year. VOTE ON MAIN MOTION Motion Passed. Unanimous. Resolution 99 -008, authorizing the city manger to enter into an agreement accepting title transfer of the State Owned Harbor Facilities from the State of Alaska and appropriating the deferred maintenance money of approximately $3.2 million from State Project Revenues to the Seward Small Boat Harbor Repair and Renovation Capital Project Fund for the repairs and renovation of the Seward Small Boat Harbor. MOTION (Shafer /Callahan) Enact Resolution No. 99 -008 Administration gave an overview up to this point concerning public hearings. In order to give the public as much chance as possible to respond two public meeting had been held with 195 in attendance and allowing plenty of discussion. Janke wanted to clarify that with the Harbor transfer most users will not see a change. People will see physical changes and they have been included in a rough time line in the packet. Satin questioned if the proposed resolution commits the council to the plan outlined in the packet. Janke reiterated that the plan was a rough draft and specifics will come to the council again for approval. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. Harry Nolan, Seward Small Boat Harbor, M/V Ester J, read a letter outlining conditions he wanted addressed in the transfer. He submitted a copy to be distributed to the council. Jim Collman, 609 4th Ave., appreciated the amount of communication on this issue and City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Pape 190 encouraged the council members and boat owners to continue to participate in the communication. He read a letter from the Seward Boat Owners Association to The Harbormaster. Stu Clark, 1129 Cliff View, encouraged the council to look into the Harbor issues mentioned previously by Harry Nolan, especially concerning the Seward Marine Industrial Center (SMIC) monies to resupply our coffers. Harry Nolan, Seward Small Boat Harbor, MN Ester J, reminded the council of the Kenai Fjords Yacht Club efforts to supply the ladders on the floats and since that time no one has drowned in the harbor. No one else requested to be heard, and the public hearing was closed. Satin commended the Administration on the foresight to have the past public meeting and the public hearing tonight. He asked the attorney if he had reviewed the Resolution and the transfer agreement. Attorney Meyen, yes, both had been reviewed several times. Callahan wanted to know what the State's purpose is in transferring the Harbor to the city. Janke told the council the State wanted out of the Harbor management business. Satin added he was sure the city could do a better job. Orr wanted to have more information on the arrangement addressing the accumulated deferred maintenance. Janke referred to page 52 in the packet where the time line states that in March the scope of the work would be approved. Some of that scope would be answered in the future by the council. He explained the tour operators have a larger impact and may be interested in capital improvement projects. Orr agreed with a project advisory team to help draft the scope of the work and come up with a couple of options on a tighter time line. Janke reported that when the engineer has a design the time line will be more clear. The administration's goal is to renew the boat harbor. The state is waiting to hand us the check and we have the latitude on how to spend it as long as it is spent in the Small Boat Harbor. The state will have oversight through an audit. Gage expressed concern with the city's liability when the transfer was complete. Administration reminded the council that the liability had always fallen on the city, including pollution liability. Gage hoped that life safety concerns would be a top consideration in the scope of work to be determined. VOTE ON MAIN MOTION Motion Passed. Unanimous. UNFINISHED BUSINESS City of Seward, Alaska City Council Minutes February 8, 1999 Volume 34 Page 191 Resolution 99 -003, approving an extension of the settlement agreement dated June 11, 1996, with Frank Irick concerning delinquent special assessments on Lots 15A and 15B in the Jesse Lee Heights Subdivision Addition 4. Attorney Meyen reviewed the legal issues on this matter. The Superior Court had ruled in the city's favor and Irick filed an appeal. The city agreed to a settlement when Irick withdrew his appeal. If we do an extension we need to include that Irick must come back to council if he wants to assign it to anyone else. Irick is paying 9% interest, 10% penalties, and 12% late fees. If the extension is granted Mr. Irick has the liability on the property and if we take it back the city would have the liability. If Irick tears the building down he owes the assessment. Some of the initial debt has been by Irick and others on other lots connected to the property. We can not forgive the whole debt, we must collect at least the interest, penalties and late fees. Administration recommended approval of the extension with the addition of the assignee clause. Satin stated that the property has not been on the market for two years. Irick has paid the taxes but if we extend two years we could end up right back where we started. Shafer questioned why we would extend the agreement when it does not benefit us. What will be different in one and a half years? Orr suggested letting the private sector continue to pursue the dream of rebuilding Jesse lee for another extension and revisit this issue when that time is Up. Callahan expressed concern that if Irick paid us the money would he then be free to tear down the building. He did not want to see us lose this historical site and supported taking the property back and going out for request for proposals. Callahan would like to see a clause added that would state Irick or an assignee could not tear it down. Gage questioned whether or not we have told Irick he could tear the building down. She felt the Jesse Lee Home is the love of Irick's life and didn't think Irick would tear it down. King understands the city can not forgive the debt but wonders why the city went to all the expense of litigation if the city did not intend to collect the debt. Blatchford summarized the plight of historical buildings that still stand in Alaska today; Begich towers in Whittier is now condominiums, MacKay Tower is being renovated, and the Jesse Lee Home before us today. If the city gets the Jesse Lee Home back, liability would be a concern, if someone gets injured on the property the city would become the deep pocket. Blatchford doesn't think the city has the same incentive as a private developer has to restore the building but feels the city would be in a better position in one and a half years to address this issue again. MOTION PASSED Yes: Blatchford, Gage, King, Orr, Shafer No: Callahan, Satin Ordinance 99 -02, relating to and limiting open alcohol containers, deletion of physical barriers, updating City Codes related to the legal drinking age, establishing a provision for an exception to open containers, and providing for a misdemeanor offense and penalty. City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Page 192 1, L---j Motion (Blatchford \Satin) To introduce Ordinance 99 -02. 1 Janke spoke in favor of the council introducing the ordinance and the administration giving an overview at the next meeting. MOTION PASSED Yes: Blatchford, Gage, Satin, Shafer No: Callahan, Orr, King Resolution 99 -007, appropriating the 1988 wholesale capital credits from Chugach Electric in the amount of $70,838 from the Electric Fund Retained Earnings Account, appropriating $10,956 from anticipated excess camping revenues, to the Waterfront Improvements Fund, and appropriating the total of $81,794 to Waterfront Improvements Fund for the purpose of camper density reduction and campground and park improvements. Motion (Satin, Gage) February allow Motion Passed NEW BUSINESS Postpone Resolution 99 -007 to the 22 1999 city council meeting to administration to publicize the correct funding source. Unanimous. Resolution 99 -009, authorizing the city manager to issue a request for proposals to lease boardwalk sites #6 and #9, Oceanview Subdivision. Motion(Gage/King) February Postpone Resolution 99 -009 to the 22, 1999 council meeting. Janke stated in response to citizen's comments that the city never threatened to pull or not renew the Chamber of Commerce and Lion's club leases. MOTION PASSED Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Resolution 99 -010, authorizing the city manager to pay Alaska Rural Electric Cooperative Association annual dues for the Electric Department Enterprise Fund in the amount of $10,783. Motion(Gage /Shafer) Adopt Resolution 99 -010. Engineer and Utilities Manager Calvert explained the Alaska Rural Electric Cooperative Association purpose and their past and potential benefits to the city. City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Page 193 Motion passed. Unanimous. Resolution 99 -011, authorizing the city manager to enter into a contract with Shoreside Petroleum to deliver heating and diesel engine fuel, gasoline, lubricants, cleaning solvents and antifreeze during 1999 for an amount not to exceed $189,361.33. Motion(Orr /Satin) Adopt Resolution 99 -011. Janke stated the bid was submitted properly and Shoreside was the only bidder. The bid is a good bid compared to last years prices. Motion passed. Unanimous. Resolution 99 -012, authorizing a credit to residential accounts of the Seward Electric Utility as a result of the CEA 1988 Capital Credit Rebate to the Utility. Motion(Gage /Shafer) Adopt Resolution 99 -012. Janke expressed that in the past what has typically happened is a rebate is calculated based on Kilowatt hours. Calvert informed the council that there are other considerations; the customers could be from ten years ago and the bookkeeping costs of doing that could eat up most of the rebate, you could identify only residential customers, you could divide it among the commercial and residential customers, or it could go to a specific need in another department, for example Parks and Rec. Motion(Callahan/King) residential commercial per Amendment passed. Motion(King/Orr) Amendment failed. Motion(Edgar /Orr) the Motion to postpone passed. Amend Resolution 99 -012 to strike and insert residential and Kilowatt hour. Yes: Callahan, Gage, King, Satin. No: Blatchford, Orr, Shafer. Amend the amended Resolution 99 -012 to strike per Kilowatt hour and insert per account. Yes: Callahan, Gage, King. No: Blatchford, Orr, Satin, Shafer. Postpone Amended Resolution 99 -012 to February 22, 1999 council meeting. Unanimous. Motion(Satin /Gage) Suspend agenda and move forward to City of Seward, Alaska City Council Minutes February 8 1999 Volume 34, Page 194 other new business, replacement generator pur- chase. t Motion passed. Motion(Satin /Gage) a the procurement Motion passed. CITIZEN'S COMMENTS Unanimous. Authorize the City Manager to purchase replacement generator for city hall and fire hall utilizing the emergency code. Unanimous. Carol Chaudiere, 1129 Cliff View, was pleased the council decided in favor of the extension for the Jesse Lee home, but wanted to know if there is a way the city can help to market the development of the property. Jim Collman, 609 4th Ave., there is an effort to help raise the Phoenix and maybe the two efforts could be tied together. Encouraged the council to consider the harbor users when considering Resolution 99 -012 Bruce Siemenski, 213 Benson, if monies are used from the land acquisition fund it should be repaid. The last electrical rebate was given by percentage which was ok with him but didn't want to see landlord's classified as commercial because they paid for their tenant's electricity. Thanked the council for their support of the ice ink. Stu Clark, 1129 Cliff View, questioned whether it would it be possible to put these rebate amounts into a fund that could be used for community purposes. Motion to return to agenda. Motion(Satin King) from Unanimous. To amend the minutes to delete King votes after his departure at 8 :55 on January 25, 1999. Motion passed. Motion(Orr /Callahan) Unanimous. Authorize the City Manger to appropriate$3,000 from the General Fund to host a reception of the Northeren Edge excercises. Motion passed. Yes: Blatchford,Gage, King, Orr, Satin, Shafer No: Callahan ADJOURNMENT City of Seward, Alaska City Council Minutes February 8, 1999 Volume 34 Page 195 The meeting was adjourned at 11:00 p.m. Patrick Reilly City Clerk ____ Lowell R. Satin Mayor ,( OF (city � ,,......... � + a., OF City of Seward, Alaska City Council Minutes February 22 1999 Volume 34, Page 196 CALL TO ORDER The February 22, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Tom Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Borough Assembly Report. City Manager's Report. A report was given by public works employee Tex Ainsworth updating the council on the status of a portable 10 KW generator to assist the police dispatch area in the event of future problems with the main generator. City Manager Janke updated the council on a recent trip to Juneau where he had approximately 15 official meetings, including a meeting with Department of Corrections Commissioner Margaret Pugh. In addition to his Juneau report, Janke stated that he will negotiate with property owners in the Gateway Subdivision area to purchase property which will be used for a City of Seward Tot Lot. Assistant City Manager Schrock updated the council on the draft strategic plan and noted that there will be a work session on this topic with the City Council and the Planning and Zoning Commission prior to the March 8 city council meeting. City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34 Page 197 City Attorney's Report. City Attorney Wohlforth mentioned that he had met with the Council prior to the start of this meeting for a work session discussing the Alaska SeaLife Center and that the City recently closed on the Railway Depot sale and the City received approximately $254,000 in proceeds. Other Reports, Announcements and Presentations. Sharon Anderson, Ravina Street, updated the Council on the upcoming Northern Edge military exercise which will take place in Seward. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Peggy Ventura, Elm Street, spoke in favor of increasing the staffing within the police department by one dispatch position (Resolution 99 -018.) Stu Clark, 1129 Cliff View, spoke in favor of increasing staffing within the police department by one dispatch position. And regarding electric capital credits, Clark spoke against rebates directly to the customers and in favor ofusing this windfall to support community projects. In addition, Clark asked to Council to amend the resolution regarding leasing boardwalk sites to give the Chamber of Commerce an opportunity to review requests for proposals which are received for the site that the Chamber currently leases. Carol Chaudiere, 1129 Cliff View, stated that the Council needs to consider any plans which the National Park Service may have to relocate from their small boat harbor location and to consider delaying advertizing requests for proposals to lease boardwalk sites until the proposed strategic plan is finalized. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Blatchford /Shafer) Approve the Agenda and Consent Agenda. Satin removed from the consent agenda Resolution 99 -017, concerning the State of Alaska's Power Cost Equalization Program and he pulled item C(1), an item concerning a preliminary replat of Block 6, Fourth of July Creek Subdivision, Seward Marine Industrial Center. Satin added Resolution 99 -020, approving a one year advertising contract with Alaska Newspapers Inc., to the consent agenda. King removed Resolution 99 -016, the Nordic Ski Club's request for city support for their grant application to improve the Mile 12 ski area. Janke added item C(3), holding a budget workshop, and item C(4), a discussion of setting a policy regarding the use of electric capital credits from Chugach Electric Association. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34 Page 198 Blatchford declared that he may have a conflict of interest because of an interest in the Seward Phoenix Log. Mayor Satin ruled that Blatchford did not have a substantial financial interest with respect to the City's advertising in the Seward Phoenix Log and that his interest did not amount to a conflict of interest. The Mayor ruled that it was appropriate for Blatchford to vote. Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 99 -013, appropriating $3,000 from the General Fund, Fund Balance to host a City of Seward reception recognizing the military personnel participating in the Northern Edge Exercises. Resolution 99 -014, authorizing the City Manager to purchase a Cummins 210 KW Diesel Generator from Cummins Northwest for an amount not -to- exceed (NTE) $26,400, FOB Anchorage, and authorize an additional amount NTE $13,600 for installation, re- wiring, etc. Funding to be as follows: Council to approve a matching grant from the Kenai Peninsula Borough for up to $20,000 to Capital Acquisition Fund grant revenues Account No. 103-1030-4680-0900; appropriate the City's matching portion for an amount NTE $20,000 from the Capital Acquisition Fund fund balance Account No. 103-000-3050; and authorize the expenditure of the total amount NTE $40,000 from the Capital Acquisition Fund equipment Account No. 103 -1030 -5930. Resolution 99 -015, supporting the Caines Head State Recreation Area's request for a State of Alaska Department of Natural Resources Grant for the repair to the trail and bridge to the Caines Head State Recreation Area. Resolution 99 -020, authorizing a one year contract with Alaska Newspapers, Inc., for display advertising in the Seward Phoenix Log at a rate of $7.31 per column inch, with a minimum of 35 column inches per week. PUBLIC HEARINGS Ordinance 99 -02, relating to and limiting open alcohol containers, deletion of physical barriers, updating City Codes related to the legal drinking age, establishing a provision for an exception to open containers, and providing for violations and penalties. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliff View, spoke in favor of Ordinance 99 -02. Beverly Dunham, 600 Alder Street, spoke in opposition of Ordinance 99 -02. Motion (Shafer /Gage) Approve Ordinance 99 -02. Gage was surprised there was little public input to her on this issue, and after making a few calls learned that many local residents no longer use the waterfront area in the summer. Callahan expressed a concern that a $300 penalty imposed on someone drinking on the waterfront would be too severe. City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34, Page 199 King and Satin expressed a view that the local magistrate should have some flexibility in imposing fines. Shafer thought limiting public drinking on the waterfront will help problems associated with the culvert area near the small boat harbor. Amendment (Satin/King). In section 8.05.095, Penalties, strike misdemeanor punished, and insert "fine punishable." Amendment passed. Amendment (King/Orr). Amendment passed. Motion passed. UNFINISHED BUSINESS Unanimous. In section 8.05.095, Penalties, mandatory fine, and insert "not more than" $300. Unanimous. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Resolution 99 -007, appropriating funds from the Capital Acquisition/Land Acquisition Fund in that amount of $81,794 and appropriating the total amount of $81,794 to the Waterfront Improvements Fund for the purpose of camper density reduction and campground and park improvements. Motion (Shafer /Satin) Approve Resolution 99 -007. There was no objection to Janke's request that the words "density reduction and" be deleted from the title of the resolution. Orr stated that in the future he would like to see revenue from the campground go back into the campground account so that there will be money in an account to draw upon for future park improvements. King stated that he would feel more comfortable with this resolution if he could see this capital project pitted against other capital projects within the city, such as what happens during the budget process. Janke noted that in the future the planning commission will be given the task of looking at capital improvement projects and sending their views to the council. Blatchford expressed an interest in seeing green trees along the waterfront when the city moves into phase II of the planned waterfront improvements. He suggested his preference for Sitka Spruce. City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34 Page 200 1 1 Motion passed. Yes: Callahan, Orr, Satin, Shafer No: Gage, Blatchford, King Resolution 99 -009, authorizing the city manager to issue a request for proposals to lease boardwalk sites number 6 and number 9, Oceanview Subdivision. Motion (Callahan/King) Approve Resolution 99 -009. In a question from Blatchford, Janke stated that in any request for proposal for these sites will state that no work will take place until after this summer season. This will allow the current tenants the ability to utilize the location without much disruption. Orr noted that the Chamber provides a real service to the business community, and the community at large. Blatchford expressed concern that if the City puts out a request for proposals for these two sites, as one site, there was the potential the council would feel obligated to lease the sites. He stated he was concerned that a large out of town company would make an offer that would make it difficult for the council to reject. King spoke in favor of keeping a visitor's booth in the small boat harbor area. Callahan stated these sites were underutilized and the city should re -lease the sites. Amendment Deleted site number 9, the location where the Chamber of Commerce now leases, from the resolution. Amendment passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Main motion passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Resolution 99 -012, authorizing a credit to residential accounts of the Seward Electric Utility as a result of the CEA 1988 Capital Credit Rebate to the Utility. Janke requested the Council postpone this resolution indefinitely and encouraged the Council to have a policy discussion at a later time concerning how capital credits should be used. Motion (Orr /Gage) NEW BUSINESS Postpone indefinitely. Resolution 99 -016, supporting the Nordic Ski Club's request for a State of Alaska Department of Natural Resources Grant for improvements to the Mile 12 Ski area. City of Seward, Alaska City Council Minutes February 22 1999 Volume 34, Page 201 Motion (Orr /Gage) Approve Resolution 99 -016. In response to a question from King, the Clerk stated that he had no supporting back -up documents from the Nordic Ski Club to explain how the proposed grant monies, if awarded, would be used. Motion passed. Unanimous. Resolution 99 -017, expressing opposition to the recommendation of the Governor's Blue Ribbon Committee on Power Cost Equalization (PCE) to obtain funding for the PCE program by assessments on Railbelt electric utility customer's kilo -watt hour usage. Motion (Satin /Orr) Approve Resolution 99 -017. Janke stated that one of the items he learned from his recent trip to Juneau, was that it would be best to not take a vote on this resolution because it was his belief that there would not be a subsidy extracted from the railbelt communities, such as the threatened one proposed in the blue ribbon committee study and, therefore, it would be best if the City just did not take a stand on the issue at all. Motion (Satin /Orr) Motion passed. Postpone indefinitely. Unanimous. Resolution 99 -018, authorizing the City Manager to increase the staffing within the Police Department by one dispatch position. Motion (Orr /Shafer) Motion passed. Approve Resolution 99 -018. Unanimous. Resolution 99 -019, approving a 4% reduction in electric bills (before taxes) for all customer classes except Industrial Service, Street Lights, and Yard Lights. This reduction will be effective from March 1, 1999 through August 31, 1999. Motion (Shafer /Gage) Approve Resolution 99 -019. Motion passed. Unanimous. OTHER NEW BUSINESS ITEMS Council consent to submit a preliminary replat of Block 6, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Addition Number One to the Kenai Peninsula Borough for approval. City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34 Page 202 Motion (Shafer /Orr) Council consent to submit a preliminary replat of Block 6, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Addition Number One to the Kenai Peninsula Borough for approval. Janke gave a brief response to help answer a question from Satin and to clarify certain plat lines shown in one of diagrams in the council's packet. Motion passed. Unanimous. Discussion regarding the use of animal traps within city limits (at request of councilmember Gage.) After a brief discussion, Janke stated that the administration will review the current rules regarding trapping within the City of Seward limits and respond to the Council at a future meeting, possible for the March 22 meeting. (C)(3). Budget work schedules. A budget work session was scheduled for 7:30 p.m. on Wednesday, February 24, 1999. COUNCIL COMMENTS Shafer commented on a recent letter the Council received from Donna Wottlin concerning the needs of some disabled citizens in our community. In response, Janke stated that the Administration is working on responding to Ms. Wottlin's letter and was comfortable that the City is making progress in making our community more handicap accessible. King stated he recently noted that the Municipality of Anchorage's electric utility recently reduced their meter reading fees and maybe it was possible for the City of Seward to do something similar. Blatchford was pleased to hear that the Administration was closely following Anchorage's plans to build an aquarium, stating that we should watch these developments to see if it will compete with the Alaska SeaLife Center. Gage announced a fund raiser to assist Adair Marshall, who recently lost her home and belongings in a fire. Satin announced he would hold a town meeting to discuss the State of Alaska's current budget situation. This meeting would be held in the basement of the Seward Library. City of Seward, Alaska City Council Minutes February 22, 1999 Volume 34 Page 203 CITIZENS' COMMENTS Stu Clark, 1129 Cliff View, Chamber of Commerce President, announced that the Chamber would cooperate with the Lion's Club in allowing them space and was looking forward to working with the City in renewing the Chamber's lease. Carol Chaudiere, 1129 Cliff View, spoke in favor of the Council using electric capital credits for community projects rather than as a cash rebate to the community. Fred Dunham, Washington State, thanked the Council for their action in forwarding the proposed replat to the Kenai Peninsula Borough. He also stated that the call letters for the radio stations were 950 AM and 105.9 FM. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 10:58 p.m. Patrick Reilly City Clerk _r G Lowell R. Satin Mayor (City Sealsma"zsr� .0 of zZlip SEAL OF ,y �. • M u� • • b E ,.� ••. V� ,�SY� off" "iv ,.��tzniniaio.o City of Seward, Alaska City Council Minutes March 8 1999 Volume 34, Page 204 CALL TO ORDER The March 8, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. City Manager's Report. Janke reported on a recent meeting with officials from the University of Alaska, Fairbanks where they discussed a multi- agency facility to be located in Seward. He also noted there would be a follow -up conference call on the same topic and he expected these talks would lead to a memorandum of understanding between the University, National Park Service, United States Forest Service and the City. While in Fairbanks, Janke also met with Mayor Frank Hove and discussed the communities mutual interests, including interest in the passage of proposed legislation concerning a marine fuel tax. In response to a letter which the City received from Donna Wottlin, of the Seward Community Resource Team, Schrock gave an update on the City's compliance with the American Disability Act. Janke noted that for the next brown bag lunch between the City Council and Department Heads on March 26 he had invited folks from our community to discuss our community's responsiveness to those with disabilities. City of Seward, Alaska City Council Minutes March 8 1999 V 34, Pa 205 In response to a question from Gage, Janke stated that he planned to designate an area for smoking in the Fire Department Building only. Janke said he was responding to an interest expressed by volunteers and that he would only allow smoking inside the building in legally designated sites. City Attorney's Report. None. Other Reports, Announcements and Presentations. Jon Agosti, Qutekcak Shellfish Hatchery Manager, gave an update on the progress of the hatchery. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Jim Coltman, 609 4th Avenue, spoke on behalf ofthe Seward Boat Owner's Association and stated that the Association is supporting the City's stance in favor of a proposed motor fuel tax. Jason McDonald, Mile 2 Nash Road, noted that he put in a proposal for the parking management contract and that he would like some consideration for his long -run record of doing business with the City. Jim Collman, 609 4th Avenue, suggested that the city set a policy that would encourage improving service in the small boat harbor area prior to any fee. In addition, Collman stated that the City should consider requiring the parking attendants to collect the fees for the boat launching ramps, particularly the northeast lot. Hugh Ashlock, owner of Alaska Recreational Management, noted that his company currently has a ten year parking contract with Kenai Fjords National Park and with the United States Forest Service for some campgrounds in the area. Ashlock stressed that his parking proposal stressed customer service and would be available during the meeting to answer any questions. Jon Agosti, thanked Mayor Satin for his personal donation which will allow needy students to pay the fee to participate in soccer. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Blatchford /Gage) Approve the Agenda and Consent Agenda. At the recommendation of the Clerk, scheduling evaluations of the City Manager, Attorney and the Clerk were added to the agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion passed Unanimous The Clerk read the following approved consent agenda items: February 8 and February 22, 1999, meeting minutes. PUBLIC HEARINGS City of Seward, Alaska City Council Minutes March 8, 1999 Volume 34 Page 206 t None. UNFINISHED BUSINESS Policy discussion regarding the use of electric capital credits from Chugach Electric Association. After some discussion, there was no policy decision reached regarding electric capital credits, and the Council will again address this issue during the budget discussions. NEW BUSINESS Resolution 99 -021, transferring Chugach Electric Association Capital Credits for FY 99 in the amount of $70,838 from the Electric Enterprise Fund, account 501 -0- 3070 -0103 to the Capital Acquisition Fund, account 103 -0- 3070 -0, and providing that future Chugach Electric Association Capital Credits will be transferred to the Capital Acquisition Fund, subject to Council approval. This resolution failed because it did not receive support from two council members in order to allow discussion. It was generally felt that the issue had been discussed moments earlier under the policy discussion for electric capital credits. Resolution 99 -022, authorizing the City Manager to purchase three surplus dump trucks from the State of Alaska for $25,000 each for a total of $75,000. Funding to be from the Capital Acquisition Fund account 103 - 1030 -5930. Motion (Shafer /Gage) Approve resolution 99 -022. Callahan inquired as to whether the replacement of these trucks was a major priority or whether this item is before the council because of their price and current availability. Janke responded to Callahan by stating that the purchase of these trucks was a once in a lifetime opportunity and long- time public works employee Tex Ainsworth agreed. King applauded the administration for finding these trucks, but would prefer to fund these trucks directly from the electric utility fund instead of the capital acquisition account. Vanta stated this item was important because it relates to safety and the trucks should be upgraded. Amendment (Satin/King) I Amendment passed. Amend the source of the funding by identi- fying it as from the General Fund fund balance instead of the Capital Acquisition Fund Unanimous. Main Motion passed. Unanimous. City of Seward, Alaska City Council Minutes March 8 1999 Volume 34, Page 207 Resolution 99 -023, approving the purchase from Potelcom of a three phase, 1500 WA, 12.5/25 kV transformer for $30,485, funding from 501 -5230 -5440, of which $10,585 will be reimbursed to the Electric Utility by Chugach Electric Association. Motion (Satin/Orr) Approve Resolution 99 -023. There was a brief discussion, initiated by Satin, regarding the life -span of transformers. Motion passed. Unanimous. Resolution 99 -024, awarding a contract to Alaska Recreational Management, Inc. for parking management and enforcement services on designated city -owned properties. MOTION (Blatchford /Gage) Approve Resolution 99 -024. Janke made some preliminary statements concerning the controversial nature of parking management in general and then Schrock outlined the bid procedures and the scoring process which was used to rank three bidders. Janke stated that the council had the option to (1) approve the resolution as is, (2) deny all proposals, (3) request the administration renegotiate with the high scorer, or (4) require the city to manage parking this year. In response to a question from Blatchford, Janke stated that the council was under a time constraint to make a decision on this issue because tourists would be here to use the parking spaces within one and a half months. Orr had a number of questions and concerns regarding the proposed fee structure that the city negotiated with Alaska Recreational Management. Schrock reminded the council it was difficult to compare the three proposals and that is why there was so much emphasis on using an objective ranking system. Orr reiterated his concern that Alaska Recreational Management was so much costlier than the city's next highest ranked bidder. Motion (Gage) Motion failed. Call the question. Yes: Gage, King, Orr No: Blatchford, Callahan, Satin, Shafer Gage expressed concern in the ranking criteria which was psed, for example, it would be clear that it would be very unlikely that local people would have experience in the parking management business and this would be a disadvantage to Sewardites. Orr expressed a wish for a stronger local preference and a concern that the current company chosen by the administration would emphasize enforcement and raising fees in order to maximize their business profit. Callahan expressed a discomfort with putting the parking management contract out to bid with anyone because he felt the city should run the business for a couple of years in order to get an idea how much income the business should produce. City of Seward, Alaska City Council Minutes March 8, 1999 Volume 34, Page 208 1 t Vanta agreed with Callahan and thought the city should run the business for a year. King thought it was unfair that other bidders were not given an opportunity to negotiate. Callahan again spoke for a need to gather more baseline data related to parking management prior to contracting this work out. Satin stated that he would have preferred the council having input on weighting of the selection criteria prior to the city advertising a request for proposals. Motion failed. Unanimous. Resolution 99 -025, approving a special events permit for the Seward Chamber of Commerce for the July 4 weekend, starting at 6:00 p.m. on Friday, July 2 and concluding at 10:00 a.m. on Monday, July 5. Motion Motion passed. Call the question. Yes: Gage, King, Orr, Shafer No: Blatchford, Callahan, Satin Main motion passed. Unanimous. Satin stated his intent to bring this matter up at the next council meeting under reconsidera- tion. [Note: Prior to 5:00 p.m. the day following the meeting, Satin submitted a written note whereby he was no longer requesting to bring this item up for reconsideration.] Resolution 99 -026, authorizing the City Manager to enter into an agreement with the Alaska District, United States Army Corps of Engineers, committing the City of Seward to the engineering design phase of the East Harbor Expansion Project, and appropriating $77,200 from the General Fund fund balance, account 101 - 0000 -3050, to the Small Boat Harbor Expansion Capital Project, Engineering Services, account 274 - 2741 -5180. Motion Approve Resolution 99 -026. Janke stated that without a local match from the city the project was likely to stall. t In response to a question from Blatchford, Janke stated that in the best case scenario it would be about one and a half years prior to construction of the small boat harbor expansion. He stated that there is still a need for federal money and the authorization of a revenue bond from City of Seward voters. Janke also stated that once the design phase is completed he will have more details regarding the cost requirements. Motion passed. Unanimous. Finance and Administrative Services Director Gifford updated the council on computer related issues concerning potential Y2K problems. He stated that his emphasis has been with the accounting Update on computer related Y21K issues City of Seward, Alaska City Council Minutes March 8 1999 Volume 34, Page 209 system and that this process started 3 -4 years ago when one of the software companies announced they were switching to a new platform. At that time the council was unwilling to provide funding to address software concerns. Gifford stated he was comfortable that the accounting department would not experience any computer problems which would prevent the cycle from proceeding or to prevent the city keeping accurate financial records. Gifford stated that the city's utility billing system is Y2K compatible. He also stated there is no computer equipment that the city owns which, even if not compliant, would cause a serious problem or cause the city not to function. Shafer stated she appreciated the report and the work he has been putting into seeing that the city will be essentially compliant in the year 2000. Scheduling evaluations of the City Manager, Attorney and the Clerk, The Clerk and the City Manager both stated they expected to be out of town for the March 22 meeting. The attorney was not expected back in Seward until the April 12 meeting. After some discussion the council decided on April 12 to evaluate the Clerk and the City Attorney and on April 26 to evaluate the City Manager. COUNCIL COMMENTS Orr complimented the administration on their lobbying efforts and stated that it is clear that Schrock has established a good relationship with the main players, particularly concerning the proposed State Transportation Improvement Plan. Off also stated that he hoped that no one would be offended with his opposition to the parking resolution which was presented and that he complimented the administration on their hard work and professionalism. Callahan stated that if he had 70 thousand dollars to spend, he would spend it on placing grass on Boulder Field and on opening the library on Sundays. King thanked Sharon Anderson for her help and all her work with assisting the military in their Northern Edge exercises and the reception held on their behalf. King also stated that he would prefer more discussion with the administration prior to the issuance of requests for proposals, but his vote in opposition to the parking contract should not be an indication that the administration did a poor job with their presentation of the proposal. Blatchford thanked Sharon Anderson for her help with the Northern Edge reception and he stated that it was good to see the U.S. S. Alaska back in Seward. He noted that he was on the East Coast and watched its launching. Blatchford also noted that the tenth anniversary of the Exxon oil spill was approaching and he commented that we were the only municipality that had oil on its shores. While on a recent trip to D.C., Blatchford stated he had an opportunity to attend a memorial service for former Congressman Morris Udall, an individual who was a key player in the formation of Kenai Fjords National Park. Satin stated that he thought a full discussion of the issues was usually appropriate and did not agree with the limiting of discussion this evening concerning a couple of issues during the evening's meeting. City of Seward, Alaska City Council Minutes March 8, 1999 Volume 34 Page 210 CITIZENS' COMMENTS Jim Coltman, 609 Fourth Avenue, encouraged the council to support a pedestrian bike path from mile 0 -8 of the Seward Highway and he reminded everyone that the first year anniversary of the Seward Boat Owner's Association was approaching and they have nearly one hundred members. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 10:40 p.m. Patrick Reilly City Clerk (City u.u381 � OF $Fb • : SEA S M j i •• Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes March 22,_ 1999 Volume 34 Page 211 CALL TO ORDER The March 22, 1999, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Vice Mayor Edgar Blatchford. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Edgar Blatchford, presiding, and Patrick Callahan Marie Gage Nathan Orr Vanta Shafer Jerry King comprising a quorum of the Council; and :s Rick Gifford, Director of Finance and Administrative Services Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT Lowell "Bob" Satin, excused. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. It was noted that there was a proclamation for Stacie Tarpey and that she was unable to attend to receive the proclamation in person. Ms. Tarpey was the winner of both the Three -Dog Junior World Championship and the North American Junior Three -Dog competition. Parks and Recreation Director Karin Sturdy and Parks Operations Supervisor Mark Stauble received a proclamation from Vice Mayor Blatchford encouraging the Seward community to increase the proper use of seat belts and child safety seats. A proclamation commemorating William H. Seward was read in observance of March 29, Seward's Day. Borough Assembly Report. Pat O'Brien thanked Kenai Peninsula Borough Mayor Mike Navarre for the Borough's financial assistance to help the City purchase an emergency generator. O'Brien noted that there has been an ordinance introduced by Jack Brown which seeks to allow the creation of residential districts outside city limits, this would be a step toward zoning areas outside city limits. City of Seward, Alaska City Council Minutes March 22, 1999 Volume 34, Page 212 City Manager's Report. Gifford stated that city manager Janke was unable to attend tonight's meeting because he is the incoming president of the Alaska Association of City Managers and was attending a regional city mangers association meeting. Gifford noted with sadness the passing of long -time resident Larry Urbach, who died March 21. On behalf of the City, Gifford expressed his sympathy to Mrs. Dorothy Urbach. The council was informed that the administration was putting out a request for proposals for an individual to read the city's electrical meters. Gifford noted that the administration was looking for direction from the city council about concerns raised by Gage regarding trapping within city limits. In response to a question from King, Schrock updated the council on a recent meeting he had with ENSTAR natural gas company and Federal Bureau of Land Management officials. City Attorney's Report. None. 1 Other Reports, Announcements and Presentations. Reilly read a report from Helen Donahue, Executive Director of the Kenai Peninsula Borough United Way, thanking Mayor Satin for his leadership role in the fund drive and the community for their strong support in this year's United Way fund drive. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. None. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Callahan /Shafer) Approve the Agenda and Consent Agenda. Callahan removed the minutes from the consent agenda. The council added an item to the agenda concerning council support for a letter to Senator Ted Stevens concerning marine research. Gage requested an executive session to discuss a matter which may bring litigation to the City. She requested Schrock be present with the council during the executive session. Motion (Gage/Shafer) Approve an executive session to discuss matters to prevent litigation and to give direction to pass this information on to the attorney. Motion passed. Unanimous. J City of Seward, Alaska City Council Minutes March 22 1999 Volume 34, Page 213 VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -027, authorizing payment of the January billing from Shoreside Petroleum in the amount of $12,004.48 for heating and diesel engine fuel, gasoline, lubricants, cleaning solvents, and anti -freeze delivered to various departments of the City of Seward. Resolution 99 -030, authorizing the City Manager to enter into an agreement with Paladin Data Systems, Incorporated to replace the Harbor Department Database and Management System. Resolution 99 -032, accepting a Kenai Peninsula Borough Community Schools grant in the amount of $7,000 and appropriating $7,000 from Community School Revenues account, and appropriating a total of $14,000 to the Community Schools Expenditures account. Resolution 99 -033, urging the revitalization of the State -side Land and Water Conservation Fund program and support for Senate Bill 25, The Reinvestment and Environmental Conservation Act, introduced by Senator Murkowski, and support for House Bill 701, The Conservation And Reinvestment Act of 1999, introduced by Congressman Young. Resolution 99 -034, approving a one year extension of the Use Agreement between the Alaska Vocational Technical Center and the City of Seward. Resolution 99 -036, authorizing a contract between the City of Seward, Alaska and the United States Department of Agricultural Natural Resources Conservation Service for contract management of design and engineering services for the North Forest Acres levee and Japanese Creek levee extension. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -031, appropriating $50,000 from the General Fund fund balance to the General Fund Legal account, and appropriating $10 from the Electric Enterprise Fund retained earnings account to the Electric General Operating Expenses Legal account. City of Seward, Alaska City Council Minutes March 22 1999 Volume 34, Page 214 I Motion (Orr /Gage) Approve Resolution 99 -031. Gifford gave an overview of the legal budget, and stated that there was an additional need for funding due, in part, to issues surrounding Alaska Public Utilities Commission hearings regarding the contract between the City of Seward and Chugach Electric Association and because of an employee grievance hearing. In response to a question from Orr, Gifford stated that the City is currently monitoring the litigation regarding the Alaska SeaLife Center and will submit invoices to get reimbursed for the City's legal fees. In response to a question from King, Gifford outlined some of the issues concerning the hearings before the Alaska Public Utilities Commission. Motion passed. Unanimous. Resolution 99 -035, approving a parking management budget through June 30, 1999, using funds available in the Parking Revenue Fund. Motion (Gage/Callahan) Approve Resolution 99 -035. Gage stated that she did not think that this is the direction which the council gave the administration at the last meeting. Callahan stated that he did not think the council gave any real direction at the last council meeting to the administration and this is the administration's response because the council has not been very helpful in giving direction. Gifford added that the administration agreed with Callahan that there was no real direction from council, but there were at least two council members who suggested a need for the city to manage the parking in house in order to get abase line showing how much revenue can be collected. Schrock stated that it appeared from the discussion at the last council meeting that the council thought the request for proposal process was flawed, but the administration felt it was too late to go out for bid again. In response from a question from Gage, Schrock responded that there was a need to start preparatory work at this time in order to be prepared for the upcoming season. Orr expressed an interest in the administration going to the next lowest bidder (which would give more income to the city) and negotiate with this firm. Schrock noted that the administration could go to the next ranked proposal (which would not necessarily be the next lowest bidder) and start negotiations with this firm. Motion failed. Yes: Callahan No: Blatchford, Shafer Gage, King, Orr, Resolution 99 -037, supporting the efforts of the Chugach Regional Resources Commission and Qutekcak Native Tribe to host a one -day event marking the ten -year anniversary of the Exxon Valdez oil spill, called "A Native Perspective: Ten Years After the Exxon Valdez Oil Spill," and appropriating $1,000 from the General Fund fund balance. City of Seward, Alaska City Council Minutes March 22, 1999 Volume 34 Page 215 Motion (Orr /Gage) Approve Resolution 99 -037 Blatchford declared a conflict of interest because he was a tribal member of Qutekcak Native Tribe. In response to a question from King, Shrock noted that the city did not have an agreement with the local tribe but in case the one -day event marking the ten -year anniversary of the Exxon Valdez oil spill did not happen Schrock thought that the tribe would in good faith not spend the city contribution and return this money to the city. Callahan expressed an interest in having receipts showing how the tribe spent the contribution. Motion passed. Yes: Callahan, Gage, King, Orr, Shafer No: None Abstain: Blatchford Approve March 8, 1999, city council meeting minutes Callahan noted that under council comments he stated that dollar amount under his comment should read $70 thousand, not $70 million. Motion passed. Unanimous. Clarification of intent of Resolution 99 -009, authorizing the City Manager to issue a request for proposals to lease boardwalk site number 6, the site currently leased by the Lion's Club, in Oceanview Subdivision. The Clerk explained that there was some confusion regarding the intent of the council regarding Resolution 99 -009. After some discussion the following motion was made: Motion (Orr /Gage) Amend Resolution 99 -009 to delete providing a space for the Lion's Club at this location. Amendment passed. Unanimous. CS For House Joint Resolution No. 13 (Finance), relating to using oil spill settlement funds to create a long -term research and monitoring endowment. Schrock stated that this congressional resolution, if approved, could be a mechanism to provide funds to the Alaska SeaLife Center. The council generally supported this resolution and the administration stated they would bring forth a resolution at the next council meeting. House Joint Resolution No. 23, proposing amendments to the Constitution of the State of Alaska relating to the community development fund, the permanent fund, and the budget reserve fund. City of Seward, Alaska City Council Minutes March 22 1999 Volume 34, Page 216 t t Ll Schrock stated that this resolution was sponsored by Representative Gary Davis. King inquired as to whether this resolution would impact an Alaskan's individual permanent fund dividend? In response, Schrock stated that there was no intention in this resolution to take away permanent fund dividends from individuals. Callahan stated that it was his thought that this resolution would have the potential to take away the permanent fund dividend. Blatchford summed up the council's comments by stating there were diverse opinions on this resolution and the administration should report back to council with their findings after they have sought and found the answers to some of the concerns raised this evening. Support of the Phoenix Resurrection Foundation's effort to reconstruct the Phoenix. Ron Long, without objection from the council, stated that the Foundation is seeking support from various organizations, including the city, in their effort to reconstruct the Phoenix. In response to a question from King, Long stated that the length of the vessel would be 79 feet long and 24 feet wide. Council was supportive and directed the administration to prepare a resolution for the next council meeting. Support for a letter to Senator Ted Stevens concerning supporting marine research funding. Motion passed. COUNCIL COMMENTS Unanimous. Shafer complimented the city employees for their dedicated work in removing the snow from the streets. Orr stated that the Harbormaster's office provides a lot of information to the tourist community, and wondered ifthere could be a possibility ofusing a portion ofthe Harbormaster's area by the Chamber of Commerce. Orr stated that this possibility might free up the current area which the Chamber leases and allow this site to go to someone who would make a better use of it. Callahan generally agreed with Orr's council comments which were just stated. Gage expressed her sympathy's to the families of Larry Urbach and Lloyd McCauley. Gage also expressed an interest in hearing from other council members about whether trapping should have restrictions on it, especially in the Forest Acres area. King encouraged the administration to see if the city utility system could go to the automatic meter reading system which is now being used by Matanuska Electric Association. King also thanked Schrock for his active participation in exploring natural gas to Seward, and suggested exploring the possibility of bringing natural gas from Whittier down the railroad tracks to Seward. King also expressed his condolences to the Urbach and McCauley families. Blatchford expressed his condolences to the Urbach and McCauley families. CITIZENS' COMMENTS None. City of Seward, Alaska City Council Minutes March 22, 1999 Volume 34 Page 217 COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Patrick Reilly City Clerk ; 0 - - 4 , t / S Lowell R. Satin Mayor (City Seal) OF SFiy���i ♦ s► • � SEAL �9VG'�F 1 j �9,� °� OF ALP: +`• City of Seward, Alaska City Council Minutes April 12 1999 Volume34, Page 218 t CALL TO ORDER The April 12, 1999, special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor Lowell R. Satin. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Marie Gage Vanta Shafer Nathan Orr comprising a quorum of the Council; and Patrick Reilly, City Clerk Eric Wohlforth, City Attorney (arrived at 6:30 p.m.) n t ABSENT Patrick Callahan, excused Jerry King, excused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Motion Passed. Approve the Special Meeting Agenda. Unanimous. NEW BUSINESS MOTION (Clark/King) Move to go into executive sessions following adjournment for the purpose of evaluating the City Clerk at 5:30 and the City Attor- ney at 6:30. Motion Passed. COUNCIL COMMENTS: None CITIZENS' COMMENTS: None Unanimous. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS: None City of Seward, Alaska City Council Minutes April 12, 1999 Volume34 Page 219 ADJOURNMENT The meeting was adjourned into executive session at 5:34 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor (City Seal) City of Seward, Alaska City Council Minutes April 12 1999 Volume 34, Page 220 CALL TO ORDER The April 12, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Officer Bleth led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Marie Gage Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Rick Gifford, Director of Finance and Administrative Services Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT Patrick Callahan, excused Jerry King, excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke reported on a number of issues, including: Construction funds for the proposed multi -use facility is on hold until a site is finalized and the University of Alaska, National Park Service, and United States Forest Service, are still working on a memorandum of understanding concerning the building; Janke reminded the council that April 23 will be a brown bag lunch meeting between council and departments and he suggested that following the meeting the council members may wish to look at locations for a recreational camper park dump location facility; the council was given a report on the proposed cuts in municipal revenue assistance and citizens were encouraged to contact their legislators to dissuade the legislature from following through on the proposed cuts; stated that the preliminary budget will be available on April 26; informed the council City of Seward, Alaska City Council Minutes April 12, 1999 Volume 34 Page 221 that the pavilion at the north end of the Waterfront Park had structural problems, probably caused by snow loads, and was closed until further notice. In response to a question from Gage, Janke stated that a tentative agreement had been reached with a property owner on Dora Way and the City is working out the details of an agreement to purchase the lot to be used for a city tot -lot. In response to a question from council, City Engineer and Utility Manager Dave Calvert updated the council on the cost to put underground utilities in the alleys in the downtown area. City Attorney's Report. Meyen gave a report covering the past month's legal activities, which generally included: reviewing and assisting with the request for proposals to provide parking services; issues related to procurement procedures; review of various city contracts; provided input regarding the expansion contract to be entered into with the Corps of Engineers; worked with the administration on the federal contract relating to flood protection design; continued to monitor litigation matters related to the SeaLife Center. Other Reports, Announcements and Presentations. On behalf of the Conference of Mayors, Mayor Satin updated the council on the current financial picture in Juneau and stated that he has been participating in daily telephone conferences concerning the State's finances. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Kelly Martin, Second Ave., requested that the council consider outlawing trapping; requested that the council repatriate four religious icons back to the Unalaska Russian Orthodox Church; she stated that she just learned about the fee exemption available to post office box holders, and encouraged people to learn about the exemption so they do not have to pay their yearly fee; and Martin stated that if there are any similar city exemptions they should be widely broadcasted so that people will know about them. Martin also wished former council member Stu Clark well, and hoped for his speedy recovery. Jim Collman, 609 Fourth Ave., spoke in favor of the parking management plan, Resolution 99 -042. Ron Long, Camelot, Port and Commerce Advisory Board ( PACAB) Chairman, presented a resolution approved by PACAB concerning the fishing industry. Long stated that the PACAB felt it was best for the city not to sign on directly to the Fair Fishing Coalition Campaign, but rather, to consider this issue carefully and proceed cautiously. Long stated that Alaska's Senator Stevens and Washington's Senator Gordon have completed negotiations on this issue, and their agreement will have a positive impact on the protection of resources and the city can support local industry by working with the local fishing industry and the city's lobbyist. Melody Jordan, Seward Fisheries Plant Manager, requested that the city support the objectives of the Fair Fisheries Coalition. Jordan stated that Icicle does not currently participate in the pollock fishery, and they would not be allowed entry without changes to the American Fisheries Act. Jordan requested a resolution similar to the resolutions approved by the City of Homer and the Kenai Peninsula Borough. City of Seward, Alaska City Council Minutes April 12 1999 Volume 34, Page 222 I APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Shafer /Gage) Approve the Agenda and Consent Agenda. Shafer removed Resolution 99 -029, pertaining to analyzing speed limits along the Seward Highway. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -038, authorizing the City Manager to enter into a contract with Kustom Signals, Inc. for the purchase of three police patrol video surveillance systems for a cost not to exceed $17,364. Resolution 99 -039, requesting FY2000 Safe Communities funding from the Department of Community and Regional Affairs. Resolution 99 -040, supporting the Phoenix Resurrection Foundation's effort to reconstruct the Phoenix. Resolution 99 -041, supporting House Joint Resolution No. 13 (Finance), relating to using oil spill settlement funds to create a long -term research and monitoring endowment. March 22, 1999 meeting minutes Non - objection to the renewal of liquor licenses for the following establishments: American Legion Post #5, Tony's Bar; Tony's Liquor Store; Peking Chinese Restaurant. PUBLIC HEARINGS Resolution 99 -028, approving the Seward Small Boat Harbor Repair and Renovation Capital Project scope of work, and authorizing the City Manager to issue a Request for Proposals for engineering services for this project Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Jim Collman, 609 Fourth Ave., spoke on behalf of the Seward Boat Harbor's Association, and supported the staff recommendations. He believed that the recommended approach will eventually give Seward a first class harbor. Ron Long, Camelot, spoke in favor of the city staff s recommended approach to upgrade the harbor. Long liked the concept of upgrading a section of the harbor at a time until the whole harbor is complete. No one else appeared in order to be heard and the public hearing was closed. Motion (Orr /Shafer) Approve Resolution 99 -028 City of Seward, Alaska City Council Minutes April 12, 1999 Volume 34 Page 223 Janke stated that process used in deciding how to spend the $3.1 million received from the State for the purpose of upgrading the small boat harbor has been very open and that there has been a lot of teamwork involved. In response to a question from Gage, Janke stated that it is better to complete one end of the harbor than to put a band aid over the whole harbor. And since the north end of the harbor has the highest maintenance cost, this upgrade will lessen overall maintenance costs. Orr spoke in favor of upgrading the north end of the harbor at this time. Motion passed. Yes: Blatchford, Orr, Shafer, Satin No: Gage Resolution 99 -043, adopting the Strategic Plan Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Shafer /Satin) Approve Resolution 99 -043. Janke reminded the council and the public about the process that was used that helped develop the proposed strategic plan, and that sections of the plan, such as agenda statements, which now ask if the proposed city action is consistent with the strategic plan. Motion passed. Unanimous. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -029, supporting the efforts of the Alaska Department of Transportation and Public Facilities to analyze speed limits along the Seward Highway. Motion (Shafer /Gage) Approve Resolution 99 -029. Janke gave an overview and stated that this resolution is just seeking support for a speed study. In response to a question from Shafer, Janke noted that there is a need for a turn lane at Exit Glacier Road. Gage stated that she did not support this resolution because it is a step toward raising speed limits on the Seward Highway and she was opposed to this because it would increase deaths on the highway. City of Seward, Alaska City Council Minutes April 12 1999 Volume 34, Page 224 Motion passed. Yes: Blatchford, Orr, Shafer, Satin No: Gage Resolution 99 -042, parking management plan. Motion (Satin/Blatchford) Approve Resolution 99 -042. Janke gave the administrative overview. He stated that a request for parking proposals had been advertised some time ago and city selected proposal for the council's approval, but that proposal was rejected by the council. The city subsequently rejected the other two proposals and there is now no time to go out for another request for parking proposals. In addition, if the city was to do a request for proposal for a firm to take over management of the parking in the middle of the summer, this would cost the city money because the city would be paying all the start-up costs. Janke noted that he would prefer that the city not be in the parking business but, at this late date, there is no alternative. He stated that the city staff has spent an inordinate amount of time on this project and that the proposed budget is very slim. In response to a question from Blatchford, Janke stated that there would be four employees needed (temporary employees). Satin stated that the criteria weighing factors were not known to the bidder and would hope that future bids identify the criteria and how the criteria factors are weighed if they are not all weighed evenly. Motion failed. Yes: Blatchford, Shafer, Satin No: Gage, Orr COUNCIL COMMENTS Blatchford noted that the council did not give much direction to the administration regarding parking. CITIZENS' COMMENTS John French, 506 Fourth Ave., stated that the ability to go into and out of a fishery is very important. The volume of pollock is increasing in Prince William Sound, but the proposed solution in the American Fisheries Act would be to lock out fish processors, such as Icicle Seafoods, that are not already involved in the fisheries. Jim Collman, 609 Fourth Ave., stated that he was glad that there will be a work session to discuss the parking management situation. Collman also stated that since there are no guarantees for the future of the harbor upgrades, the boat owner's association will continue to be involved in the process to see that the whole harbor is eventually upgraded. Ron Long, Camelot, thanked the council for their support of the Phoenix Foundation. Melody Jordan, 601 Port Avenue, Seward Fisheries Plant Manager, noted that the PACAB resolution supports the positive aspects of the fisheries act, but she would like to see the three Fair Fisheries Coalition objectives included, too. City of Seward, Alaska City Council Minutes April 12, 1999 Volume 34 Page 225 Tim McDonald, Mile 2 Nash Road, thought that it was best for the city to try to nurture small local businesses and should support letting contracts and bids go to local businesses so that the local businesses will have a chance to grow. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Orr stated that he was not very knowledgeable on Senator Steven's fisheries bill and would like an overview on the issue. Janke noted that any marine fuel tax which is approved in Juneau should significantly help the harbor. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor (City Sel�uu,,rr.y S��i� oi 111% SEAL City of Seward, Alaska City Council Minutes April 26 1999 Volume34, Page 226 I CALL TO ORDER The April 26, 1999, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Lowell R. Satin. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Patrick Callahan Jerry King Vanta Shafer Marie Gage Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager ABSENT Blatchford, excused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Motion Passed. Approve the Special Meeting Agenda. Unanimous. NEW BUSINESS MOTION (Clark/King) Move to go into executive session following adjournment for the purpose of evaluating the City Manager. Motion Passed. COUNCIL COMMENTS: None CITIZENS' COMMENTS: None Unanimous. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS: None City of Seward, Alaska City Council Minutes April 26 1999 Volume34, Page 227 ADJOURNMENT The meeting was adjourned into executive session at 6:34 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor (City Seal) City of Seward, Alaska City Council Minutes April 26 1999 Volume 34, Page 228 CALL TO ORDER The April 26, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Officer Bleth led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT Blatchford, excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. May 17 -23, 1999, was proclaimed as "Nobody Gets Hurt Week." Borough Assembly Report. Assembly member Pat O'Brien updated the council on Kenai Peninsula Borough Assembly issues and the status of the borough's budget meetings. City Manager's Report. Janke updated the council on a recent Kenai Peninsula Borough Municipal Coalition meeting he attended in Kenai. It was stated that the coalition is striving to get a port of entry and a free trade zone designation on the peninsula. The next meeting was scheduled for May 11 and Janke planned to attend this meeting and invited council members to join him. Janke gave a brief preview of what the council can expect in the budget that was distributed to the council, it included a balanced General Fund budget but a shortfall in the Seward Marine Industrial Center budget. Schrock updated the council regarding three days he spent in Washington, D.C., with our federal lobbyists and congressional delegation. City of Seward, Alaska City Council Minutes April 26, 1999 Volume 34 Page 229 City Attorney's Report. None. Other Reports, Announcements and Presentations. Amy S. Buckler, a Volunteer In Service To America (VISTA) employee, explained that she will be in Seward for one year to set up a literacy program. The literacy program is to fulfill an Alaska Vocational Technical Center need to work with kids from rural communities when the families move to Seward. Buckler stated that she will be looking for volunteers to help with her program and was looking forward to working with the community. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Jessica Castellina, Seward High School student and Washington D.C. close -up participant, spoke in favor of Resolution 99 -045, assuming responsibility from the State Fire Marshal's Office to enforce Uniform Codes. In response to questions from the Mayor, Castellina updated the council on her trip to Washington, D.C., and what she learned while there. Melody Jordan, Seward Fisheries Plant Manager, encouraged the council to support a resolution which supports the objectives of the Fair Fisheries Coalition. Bill Shuster, United States Forest Service employee, spoke in favor of the council amending the parking regulations to eliminate parking restrictions on Fourth Avenue between Church Street and Jefferson Street. Ron Long, Port and Commerce AdvisoryBoard Chairman, stated that the Board's resolution concerning the fisheries act was unavailable because it missed the council's packet and notice deadlines. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Orr /Shafer) Approve the Agenda and Consent Agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA. Motion Passed Unanimous. The Clerk read the following approved consent agenda items: April 12, 1999, city council meeting minutes. Non - objection to the renewal of liquor licenses for the following establishments: Christo's Palace and Apollo Restaurant. Resolution 99 -049, authorizing the City Manager to execute a ten -year lease with the U. S. Department of Commerce, dba NOAA for a parcel of land in the City of Seward for continued use as a weather radio transmitter site. City of Seward, Alaska City Council Minutes April 26, 1999 Volume 34, Page 230 Resolution 99 -050, accepting the Alaskans for Litter Prevention and Recycling ( ALPAR) grant in the amount of $2,000 into the ALPAR Special Project Revenue Account and appropriating $2,000 to the ALPAR Expenditures Account. PUBLIC HEARINGS None. UNFINISHED BUSINESS Items for reconsideration. Resolution 99 -042, Parking Management Plan. The clerk stated that he had received a timely written notice of reconsideration for Resolution 99 -042 from Council Member Orr. Motion (Orr /Shafer) Motion passed. Reconsider Resolution 99 -042. Unanimous. Orr expressed opposition to the resolution, but felt that it was too late in the season to change the fact that the parking management contract will be managed in -house this season. Callahan stated that he thought the estimated revenue was too low. There was some discussion that there is only a need for three employees, not four, to manage parking. Motion (King/Orr) Reduce parking management employees from four to three. Motion failed. Motion (Orr /Shafer) Motion passed. I NEW BUSINESS Yes: King, Orr No: Callahan, Gage, Satin, Shafer Absent: Blatchford Approve Resolution 99 -042. Yes: Callahan, Gage, Orr, Satin, Shafer No: King Absent: Blatchford Ordinances for Introduction City of Seward, Alaska City Council Minutes April 26, 1999 Volume 34 Page 231 Ordinance 99 -03, adopting the latest versions of the Uniform Building Code (1997), and the Uniform Mechanical Code (1997), and making these new codes effective within 10 days after enactment. Motion (King/Orr) Introduce Ordinance 99 -03 and set for a May 10, 1999 public hearing. In response to a question from council, Dave Calvert, City Engineer and Utilities Manager, stated that the State of Alaska was updating the latest version of the Uniform Building Code and the Uniform Mechanical Code and these changes are in conformity with the State. Motion passed. Unanimous. Ordinance 99 -04, adopting the latest versions of the Uniform Fire Code (1997), including the revisions and making these new codes effective within 10 days after enactment. Motion (Orr/King) Introduce Ordinance 99 -04 and set for a May 10, 1999 public hearing. In response to a question from Mayor Satin, Fire Chief David Squires stated these ordinance changes will reduce the risk of fires. The clerk discussed the current code requirement that the clerk's office maintain three copies of these books in the office and suggested eliminating this requirement. Ordinance 99 -05, amending the Vehicle for Hire code, Chapter 8.20, expanding the definition of "vehicle" to include any form of chauffeured passenger transportation. Motion (Gage/Satin) Introduce Ordinance 99 -05 and set for a May 10, 1999 public hearing. The clerk explained that this code change expands the definition of "vehicle" to include any form of chauffeured passenger transportation and would allow horse -drawn carriages. The city administration would be responsible to draft and implement regulations to inspect and approve the various types of chauffeured passenger transportation which might apply for a permit. Resolutions Resolution 99 -044, authorizing the city manager to increase the purchase order to Ashburn & Mason from $5,000 to $14,000 to cover professional services for the electrical department. Motion (Callahan /Satin) Approve Resolution 99 -044. Calvert explained that the council previously approved a power sale agreement which needed Alaska Public Utility Commission (APUC) approval. There were some objections to the contract and City of Seward, Alaska City Council Minutes April 26 1999 Volume 34, Page 232 t 1 t there are now hearings being held before the APUC board and the City needed the assistance of legal representation to appear before the Board. Motion passed. Unanimous. Resolution 99 -045, authorizing the city manager to assume responsibility from the State Fire Marshal's Office to interpret and enforce the Uniform Codes, referring to the requirements of Non - Structural Plan Review and Approval, Stop Orders. Motion (Shafer /Orr) Approve Resolution 99 -045. Calvert explained that this resolution will allow the city to take over code review responsibilities from the State and that there will no longer be a need for applicants to apply to both the City and the State for permits. This will decrease the fees to applicants and allow greater local control. Motion passed. Unanimous. Resolution 99 -046, recommending support of fairness in Alaska's fishing industry. Motion (Shafer /Gage) Approve Resolution 99 -046. There was some discussion that the Port and Commerce Advisory Board had addressed this issue and there were changes to their recommendation to the city council. Orr stated that he would like to hear what objection Senator Steven's office might have to the City approving a resolution that deviates from the federal legislation that he sponsored. King was interested in passing the resolution which was before them tonight and at a future meeting look at what the Fair Fisheries Coalition was offering. Shafer was interested in seeing what the Port and Commerce Advisory Board approved and she was interested in approving a resolution which supports the Fair Fisheries Coalition's objectives. Motion (Shafer /Gage) Postpone Resolution 99 -046. Motion approved. Yes: Gage, Orr, Satin, Shafer No: King, Callahan. Absent: Blatchford Resolution 99 -047, authorizing a correction to the lease rate for a portion of Lot 1, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center, leased to Pat Marrs dba Communications North, to eight percent of appraised value of the land. Janke stated that there was a need to be fair to all of our lease holders and he was unsure why there was an agreement to charge Communications North a lease rate of 10% of appraised land value Motion (Orr /Shafer) Approve Resolution 99 -047. City of Seward, Alaska City Council Minutes April 26, 1999 Volume 34, Page 233 while all others were at 8% of appraised land value. Janke recommended decreasing the lease agreement rate to the same level as the others. Motion passed. Unanimous. Resolution 99 -048, authorizing the City Manager to change the City of Seward Utility Tariffs relating to the sale of "Ship Water" from $10.00 /1000 gallons to $4.25/1000 gallons. The clerk updated the council with a corrected version ofResolution 99 -048, one that omitted any reference to the Alaska Railroad re- selling water to cruise ships. Motion (Shafer /Orr) Approve Resolution 99 -048 Janke stated that the city adjusted the water rate in 1995, but the railroad was never informed of this rate change. A water rate study completed in January 1999 recommended that the Ship Water rate be reduced to $4.25/1000 gallons. Motion passed. Unanimous. Resolution 99 -051, awarding a contract for the reading of electrical meters within the Seward Electrical Service Area to Michael O'Connor and authorizing the city manager to execute the contract. Finance and Administrative Services Director Rick Gifford stated that there was one proposal for the electrical meter reading contract. Gifford recommended council approval of the proposal which was submitted. Motion passed. Unanimous. Resolution 99 -052, opposing the Alaska State Legislature's proposal to eliminate state revenue sharing and safe communities assistance to municipalities. Motion (Orr /Shafer) Approve Resolution 99 -052. Satin stated that he and Shafer will go to Juneau this week to give the legislators the message that the voters did not send the legislators to Juneau to raise municipality taxes. Motion passed. Other New Business Items Unanimous. Setting council work sessions to discuss (1) a second floor on the fire department to accommodate city offices space needs, (2) skate park rules, (3) location of a recreational vehicle dump station. City of Seward, Alaska City Council Minutes April 26 1999 Volume 34, Page 234 Janke stated that the council can accomplish the proposed work session issues at one meeting, but was hesitant to set a date because of the heavy budget work load. After some discussion, it was decided that the proposed expansion of the fire department building would be discussed during the scheduled budget work sessions. INFORMATIONAL ITEMS AND REPORTS Formation of a Census 2000 Full Count Committee. After brief council discussion, it was recommended that the Planning and Zoning Commission consider the formation of a census committee. COUNCIL COMMENTS Orr complimented the Building and Fire Departments for taking on more of the building review process, which will decrease the cost to builders and streamline the process. Orr also stated that there were no public restrooms in the SMIC area and the city may wish to negotiate this item as an incentive with lease holders. Shafer was interested in hearing more about the Parks and Recreation and Police Department ■ plans for July 4. Janke stated that a public relations committee is working on going forward to get advertising out about what will be expected for July 4 this year. King noted that one of the local churches is willing to offer volunteer help with our July 4 festivities. King also suggested that the boardwalk near the lagoon could use sweeping because it had a lot of street gravel put on it this last winter from street snow plowing equipment. Satin noted it is in the best interest of the city to work an arrangement with the state to deny easy access to the July 4 family beach area. The current situation is allowing too many vehicles and too much trash into the area. CITIZENS' COMMENTS Melody Jordan, Plant Manager of Seward Fisheries, noted that when she and Don Giles, President of Icicle Seafoods, met with the city manager he did not express a concern to them at that time about the city supporting the objectives of the Fair Fisheries Coalition. Linda Clayton, 503 Ballaine, spoke as a member of the Seward Chamber of Commerce Railroad Car Restoration Committee. Clayton requested that the city not take out an administration fee for administering the $50,000 Chamber of Commerce grant to restore the Chamber Railroad Car. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to Jordan's comments, Janke stated that he did not personally have a concern with the city supporting the three objectives of the Fair Fisheries Coalition, but he needed to listen to what City of Seward; Alaska City Council Minutes April 26 1999 Volume 34, Page 235 the other processors in the community have to say and he had not yet spoken with Cook Inlet Processors. ADJOURNMENT The meeting was adjourned at 10:25 p.m. Patrick Reilly City Clerk Lowell R. S Mayor (City QF SF j� - `*i ' � • SEAL 1%1- A %.?- City of Seward, Alaska City Council Minutes May 10 1999 Volume 34, Page 236 I CALL TO ORDER The May 10, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Vanta Shafer (arrived at 9:05 p.m.) comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT Nathan Orr, excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Jean Cripps and Patti Krasnansky, on behalf of the Seward emergency medical services community, received a proclamation declaring May 16 -22 as Emergency Medical Services Week; Marie Gage, on behalf of Seward correctional officers, received a proclamation recognizing May 2 -8 as National Correctional Officers' Week and encouraging the citizens of Seward to thank our correctional officers for a job well done; In recognition of her one - hundred birthday, May 15, 1999 was proclaimed as Annie F. Hatch Day; May 9 -15 was recognized as Historic Preservation Week. The Seward Historic Preservation Commission recognized Mike Stallings and Kerry Martin for their local historic preservation efforts and recommended the Council to do the same. The council awarded a proclamation to Mike Stallings and Commissioner Timothy Sczawinski accepted it on Stallings' behalf. As for Martin's award, Mayor Satin stated Martin felt he should not receive an award from the Commission because he was merely doing his job as a city employee. The Mayor complimented Martin on his fine job and his time dedicated to local historic preservation. Hearing no objection from the Council, the Mayor choose to respect Martin's wishes and declined to award a proclamation recognizing Martin for his local preservation efforts. City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34 Page 237 Mayor Satin complimented Moose Pass Principal, and Seward resident, Ralph Steeves for being named Alaskan Grade School Principal of the year. Borough Assembly Report. None. City Manager's Report. Janke stated that last week's evenings consisted of budget work sessions; Janke stated he planned on attending the Kenai Peninsula Municipal Coalition meeting scheduled for May 11 in Kenai to discuss the formation of a free trade zone; it was noted that Assistant City Manager Schrock and Fire Chief Squires were attending an earthquake conference in Seattle; and the City Manager noted that the City was starting a public relations campaign to inform the public about what to expect for the upcoming July 4 celebration. City Attorney's Report. Meyen updated the council on work the law firm performed for the city in the past month. Other Reports, Announcements and Presentations. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Tammy White, Spruce Drive, Old Mill Subdivision, as President of the Seward Little League, encouraged the council to preserve Boulder Field baseball stadium. White stated that it is time to turf the field and volunteers could help unload the sod and provide other volunteer services to keep the cost down. White distributed a petition of signatures supporting improvements to Boulder Stadium. Tim Sczawinski, Woodland Hills, spoke against the city sending a letter of support for the Bardarson permit application to the U.S. Army Corps of Engineers for his proposed project in the vicinity of Nash Road and Old Nash Road. Sczawinski was concerned that the filling of wetlands would harm the numerous species of birds and mammals that frequent the area. Ron Long, Camelot, spoke in favor of Resolution 99 -053, and hoped that this resolution was a starting point to negotiate an arrangement with the city to allow the Phoenix Resurrection Foundation to construct a full -size replica of the Phoenix. Victor Miller, 806 Second Avenue, speaking on behalf of his fellow skateboarders, encouraged the council to allow skateboarders to skate at their own risk. Miller said that there are other communities in Alaska that allow skaters to skate at their own risk by just putting up a sign stating this and not requiring skaters to purchase expensive helmets, elbow and knee pads, and other safety equipment. The council asked Miller numerous questions about the current skateboard park rules and complimented him for his ability to step forward and speak on behalf of skateboarders who use the park. William Reilly, Seward, skateboarder, requested permission to drill into the cement to install a new skateboard rail. James Winn, Seward, stated that it is wrong for the city to take away and destroy ramps and other skateboard park items that the skateboarders build and place in the park. Chris Clemens, First and Monroe, would like to allow bikes in the skateboard park. City of Seward, Alaska City Council Minutes May 10 1999 Volume 34, Page 238 t � L; Larry Unrein, Seward, thought it was wrong for the city to take down ramps and burn them. He also stated that the park was too small and had poor drainage. Bob Valdatta, 528 Fifth Avenue, representing the American Legion, stated that there will be a three ring circus in Seward on July 1 and they are looking for the city's assistance in finding a location. Mark Luttrell, Camelot, Eastern Kenai Peninsula Environmental Action Association, spoke against the city sending a letter of support for the Bardarson permit application for his project in the vicinity of Nash Road and Old Nash Road. Luttrell noted that this project would mark the aesthetics of the area; could cause traffic problems; be a loss of ecological wetlands; and the planned uses for this site should be located at the Seward Marine Industrial Center. Luttrell also stated that the city should not promote this project if they are trying to increase the value of the industrial center. Andy Mezirow, Seward CharterBoat Association Past President and current Vice President, stated that the Charter Boat Association consists of about fifty businesses. They were concerned about Bardarson's project because of the loss of wetlands and the potential harm to the silver salmon fishing. Michelle Saltz, Old Nash Road, stated her concerns about Bardarson's proposed project; these included a concern that ground water for her well would get contaminated and fish that travel in the stream behind her house would be threatened. Jim Woodside, Old Nash Road, presented a petition with signatures of those opposed to Bardarson's project and stated that the project was not consistent with the Alaska Coastal Zone Management Program. Blaine Bardarson, 1308 Chamberlain, stated the issue that council should be focused on was how does Seward want to grow. It was noted coho salmon are actually produced at the Trail Lake Hatchery and coho eat pink and chum fry. The whole coho project was a man -made creation supported by the Fish Restoration Fund. Bardarson stated that council should consider business issues related to his project, any environmental issues will be fully addressed before other forums. Bardarson noted very little of the Seward area is developed and only one -fifth of one percent of Alaska's wetlands have been developed. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Blatchford /Satin) Approve the Agenda and Consent Agenda. Janke recommended deletion of item (C)(5) because at this point Bardarson's project was inconsistent with the Seward's Strategic Plan. Amendment (GageBlatchford) Amendment passed. Delete (C)(5), letter of support for the Bardarson permit application to the U.S. Army Corps of Engineers, Alaska District, concerning public notice 4- 980771, Resurrection River 27 (Proposed project in vicinity of Nash Road and Old Nash Road) Unanimous. City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34 Page 239 VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -055, placing seven buildings/sites on the Seward register of historic places. Resolution 99 -056, authorizing a special events permit to the Seward Harbor Business Association for their "opening weekend" events and allowing a street dance on the Harbor Plaza on May 15, from 7 -10 p.m. Resolution 99 -058, electing the City of Seward to participate in the retirement incentive program (RIP) and authorizing the city manager to enter into an agreement with the administrator of the public employees' retirement system (PERS) to fund cost of participation in the RIP. April 26, 1999, city council meeting minutes Non - objection to the renewal of liquor licenses for the following establishments: Ray's Waterfront Bar & Grill; New Seward Hotel; Chinooks. Historic Preservation Commission Appointment: Patsy Jones PUBLIC HEARINGS Ordinances For Adoption Ordinance 99 -03, adopting the latest versions of the Uniform Building Code (1997), and the Uniform Mechanical Code (1997), and making these new codes effective within 10 days after enactment. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Satin/King) Adopt Ordinance 99 -03. Engineering and Utility Manager Calvert gave an overview stating this code change is needed to adopt the latest versions of the uniform building and mechanical codes. Adoption of these codes would be consistent with the State of Alaska. In response to a question from Blatchford, Calvert stated that existing structures are all considered in compliance, but if there are modifications to the structures the buildings will need to be brought up to current code standards. City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34, Page 240 it 1 1 Motion passed. Unanimous. Ordinance 99 -04, adopting the latest versions of the Uniform Fire Code (1997), including the revisions and making these new codes effective within 10 days after enactment. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Callahan /Satin) Approve Ordinance 99 -04. Assistant Fire Chief Mathis stated that this amendment would bring the city fire code up to the current recommended uniform fire code standards. Mathis stated that the appendices that are being adopted are additional requirements above what the State of Alaska currently requires. Motion passed. Unanimous. Ordinance 99 -05, amending the Vehicle for Hire Code, Chapter 8.20, expanding the definition of "vehicle" to include any form of chauffeured passenger transportation. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Gage /King) Approve Ordinance 99 -05. The clerk explained that expanding the current definition of vehicle for hire will allow other forms of chauffeured passenger transportation, such as horse -drawn carriages, to operate in the city. The current definition restricted vehicles for hire to be taxicabs, shuttle services, and related types of motored chauffeured passenger transportation. It was explained that the public works department will continue to inspect the vehicles, including horses if necessary, to see that they comply with health and safety rules. Motion passed. Unanimous. Other Public Hearing Items Fiscal 1999 Budget (July 1 - December 31, 1999) Controller Kris Erchinger gave a financial presentation on the proposed budget. City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34, Page 241 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Park Place, as President of the Seward Chamber of Commerce, made a request for 50% of Seward bed tax to help support the visitor industry and to promote Seward. No one appeared in order to be heard and the public hearing was closed. (The budget will appear again on the May 24 agenda.) UNFINISHED BUSINESS (Council member Shafer arrived, 9:05 p.m.) Items Postponed from Previous Agenda Resolution 99 -046, recommending support of fairness in Alaska's fishing industry. The clerk noted proposed changes to the resolution which was in their packet, the changes were to conform with a similar resolution that the Port and Commerce Advisory Board approved. He suggested that the substitute resolution should be moved on the floor as a starting point for council debate. Motion (Shafer /Satin) Replace Resolution 99 -046 with Resolution 99 -046 Substitute so that the substitute resolution is on the floor for debate. Motion approved. Unanimous. Janke stated that the city's Washington, D.C., lobbyist did not object to the proposed language in Resolution 99 -046. In response to a question from Blatchford, Port and Commerce Board Chairman Ron Long stated that the Port and Commerce Board vote was unanimous in support of this resolution. Resolution approved. Unanimous. NEW BUSINESS Ordinances for Introduction Ordinance No. 99 -06, amending Chapter 12.05, Codes of Technical Regulation, to no longer require the city clerk's office to purchase three copies of the Uniform Building Code, Abatement of Dangerous Buildings Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, and the Uniform Sign Code, and City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34, Page 242 D 1 amending Chapter 9.15, Fire Prevention, to no longer require the city clerk's office to purchase three copies of the Uniform Fire Code. Motion (Shafer /Satin) Introduce Ordinance 99 -06 and set for a public hearing on May 24, 1999. In response to a question from a council member, the clerk stated that adoption of this amendment will decrease costs to the Mayor and Council budget because there will no longer be a need to keep the multiple copies of various uniform codes in the clerk's office. Motion passed. Resolutions Unanimous. Resolution 99 -053, authorizing the city manager to donate for a period of approximately four years the designated site adjacent to the small boat harbor breakwater for use of the Phoenix Resurrection Foundation to construct a full -size replica of the frigate Phoenix. Motion (Satin /Callahan) Approve Resolution 99 -053 with the follow- ing amendment to section 1, delete the words "donate for a period of approxi- mately four years" and insert the words "negotiate a lease not to exceed five years." Janke stated that due to the budget work, this resolution did not get a lot of attention and he recommended that the council pass this resolution through Planning and Zoning for a close look for an exact site location and other issues that might arise. Motion passed. Yes: Blatchford, Callahan, King, Orr, Satin, Shafer No: Gage Absent: Orr Resolution 99- 054, authorizing the city manager to appropriate $25,062.50 from the General Fund, to Street Department, Ice and Snow Division, Salaries, and to Street Department, Ice and Snow Division, Overtime, and to increase the authorized contract amount for Afognak by $1,159.50, for snow removal. Motion (CallahanBlatchford) Approve Resolution 99 -054. The administration explained that as a result of the excessive snowfall it was necessary to increase the budget for snow removal. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes May 10, 1999 Volume 34, Page 243 Other New Business Items. Request for elimination of the 2 -hour parking limitation on Fourth Avenue between Church and Jefferson Streets. The administration stated there will be a resolution at the next meeting supporting elimination of the 2 -hour parking limitation on Fourth Avenue between Church and Jefferson Streets. Gage wondered if the General Telephone and the Peking Restaurant would be supportive or opposed to the recommended change. COUNCIL COMMENTS Satin was pleased at the number of students interested in working with the council regarding the skateboard park. Shafer noted there were many more kids this evening at the school's athletic award ceremonies that were unable to attend tonight's council meeting to give their input to the council regarding the city skateboard park. Gage stated she is a grandmother, with the birth of Jona David, eight pounds and four ounces. Callahan stated the tourism industry is absolutely flourishing in Seward and the business community should support the Chamber of Commerce and not money raised from the bed tax. Blatchford stated he is excited to see the Phoenix getting built in Seward. CITIZENS' COMMENTS Stu Clark, 1129 Park Place, spoke in support of the Phoenix getting built in the proposed location on the beach. Clark also stated he did not think the public has been totally informed about the budget and he highlighted some of the areas he thought were most important, this included a discussion of the current $500 sales tax cap. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 10;30 p.m. Patrick Reilly pu�uti�r City Clerk �� Of se w q ,, ��,.........,�.Q,� � (City Seal) r � r S � I �: ~� S e • ._ OF �!►��♦ Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 244 I CALL TO ORDER The May 24, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Mayor Satin led the council room in a round of applause for Chief Walker, after announcing the Chief's retirement and that tonight's meeting was his last in his official capacity as Chief of Police. Police Chief Walker then led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer I comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke said he received calls concerning trash at the Fourth of July beach area. Although this area is not city property, but rather state property, Janke said he would work with the concerned citizens to see what can be done to keep this area free of trash. Janke read a letter he received from Dorothy J. Sczawinski stating her concerns about her safety and property during last year's Fourth of July. Ms. Sczawinski thanked Janke for his efforts to alleviate a repeat of last year's drinking problems from this year's celebration. Ms. Sczawinski, age 76, home -bound and living on Seventh Avenue, was terrified by the wild crowd from last year's City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 245 out of control celebration and was concerned that her house was going to be damaged before the night was through. Janke read portions of a letter he received on May 7 from that State of Alaska, Department of Administration, requiring the city to sign a statement asserting Seward is in compliance with a strict computerized maintenance system or the city will not be eligible to receive state grant money. Janke was working with Kevin Richie, of the Alaska Municipal League, and Senator John Torgerson, to make the state requirements less restrictive. In response to a question from Orr, Janke stated there could be a need to spend $50,000 for software and months of time inputting to comply with the state's requirements. Assistant City Manager Schrock updated the council on the city's flood mitigation efforts. Barring any permit problems, Schrock expected work to commence in the Resurrection River during the first two weeks of June. City Attorney's Report. None. Other Reports, Announcements and Presentations. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Bruce Sieminski, 213 Benson Drive, felt that a family of four contributed the equivalent of a 7 mill rate in sales taxes, and this was enough. Sieminski said he wanted to see a little more from the city which shows what the city thinks is a taxpayer's "fair share" of tax, comparing those who live in Seward and those out of town. Gage was interested in a clarification of Sieminski's comments, while the Mayor suggested to Gage that Sieminski might wish to put his comments in writing to the council. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Shafer /Gage) Approve the Agenda and Consent Agenda. Callahan pulled Resolution 99 -069 from the agenda in order to hear more from the City Manager about the possibility the private sector may provide a recreational vehicle dump station. Gage pulled Resolution 99 -057. The Clerk read the following approved consent agenda item: May 10, 1999, city council meeting minutes. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 246 Amendment (Callahan /Satin) Request for an executive session at the conclusion of the council meeting for the purpose of continu- ing city manager contract negotiations. Gage thought the council decided not to hold an executive session until the budget was completed. Motion passed. Yes: Blatchford, Callahan, King, Orr, Satin, Shafer No: Gage PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 99 -06, amending Chapter 12.05, Codes of Technical Regulation, to no longer require the city clerk's office to purchase three copies of the Uniform Building Code, Abatement of Dangerous Buildings Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, and the Uniform Sign Code, and amending Chapter 9.15, Fire Prevention, to no longer require the city clerk's office to purchase three copies of the Uniform Fire Code. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Orr /King) Approve Ordinance 99 -06. Clerk Reilly gave a brief overview of the ordinance. In response to a question from Satin, Reilly said these books were still available in the library, other departments within city hall, in bookstores and on the internet, and eliminating these books from the clerk's office would be a financial savings to the city. Motion passed. Unanimous. Other Public Hearing Items Request for a special improvement district which would result in the construction of an electrical line extension in the area described as follows: Marathon View II Subdivision, Block 1, Lots 1 -17 and Tract A, Block 2, Lots 1 -8, Stewart Subdivision, Block 1, Lots 1 and 9. Notice of the public hearing being posted and published was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 247 Ron Wille, vice - president of Marathon II Subdivision, said he received signatures of those in favor of an electrical line extension into the subdivision from 21 of the 28 lot owners, 75 percent of the landowners. Wille reminded the council about all of the wonderful attributes of electricity and the need for it in the subdivision. John Paul Clifton, Jr., Marathon II Subdivision, spoke in support of the formation of an electric utility assessment district, but wanted more information about where the utility line would be placed. Mark Danielson, Marathon II Subdivision, did not oppose the project, but wanted to make sure the city realized this area is a fragile area which could be damaged by fuel spills. Dianne White, Marathon II Subdivision, spoke in support of the proposed assessment district and stated she would appreciate getting electricity and is ready to pay for it on her monthly utility bill. No one else appeared to be heard and the public hearing was closed. Motion (Orr /King) Marathon II Improvement District is in the public interest and the council directs the administration to come back with information concerning the financial method for implementing the improvement district. Orr stated he received a call from Ms. Pitt. Orr said Pitt did not plan to develop her land and wasn't sure if it could be developed. Orr wondered if there was any way to accommodate her concerns. Shafer stated she did not want to ignore Pitt's concerns when the city plans the district. Special Projects Engineer Homan said he was briefed today on the project and there were a number of considerations regarding the district, including the low water table for the area. Janke stated the project is too small of a project to finance with a revenue bond and the city will need to consider the feasibility of using electric funds for this project. Wille stated he was told the district would be assessed about $64,284, and stated if Pitt was not part of the district the project would be cost prohibitive for the remaining property owners. Janke said there is a need for another meeting with the council to finalize the engineering design and utility route, and the city's ability to finance the project. In response to a question from Wille, Janke said the passage of this resolution is authorization to proceed with the assessment district and finalization of design, but prior to any actual construction there is a need for a financial plan which the council must approve. In response from a second question from Wille, Janke stated this resolution is not just authorization to do a study, but rather, authorization to proceed. Motion passed. Unanimous. UNFINISHED BUSINESS. None. NEW BUSINESS City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 248 1 LJ Resolution 99 -059, adopting the city General Fund Operating budget for July I to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. Mike Calhoon, 611 Fourth Ave, on behalf of the Seward Chamber of Commerce, requested the council to consider the Chamber's request for funding. Calhoon reminded the council the Chamber promotes the entire community and is not a drain on city coffers. Calhoon said funding from the city would be used to partially fund visitor services so the Chamber could focus on promoting Seward, creating a larger tax base, and more year -round employment. Marilyn Reynolds, 225 Sixth Avenue, Northern Nights B &B owner, spoke in opposition to the Chamber's request for funding from the city. Reynolds reminded the council the city streets need repairs and restrooms need to be constructed. Reynolds said it was more important to fund the city's infrastructure through a bed tax and not to send this money to the Chamber. No one else appeared to be heard and the public hearing was closed. Motion (Satin /Callahan) Motion (Orr) Approve Resolution 99 -059. Call of the question. Callahan proceeded to propose an amendment to the budget, but the chair informed Callahan that Orr was making a motion to end debate. King said he would second the motion, if this was required. Satin ruled that although he had heard Orr make the motion, Orr had not been recognized by the chair and he felt there was very little to be gained by the council stifling debate on the budget. Reilly stated that it was the Mayor's prerogative to not recognize Orr's motion, but then this ruling from the chair could be overruled by a majority vote of council. Motion (King /Orr) To overrule the Mayor's ruling to not recognize Orr's motion There was a five - minute recess while the clerk reviewed parliamentary rule to learn whether the motion on the floor to overrule the Mayor was debatable. Following the recess, Reilly stated the motion was debatable. King said he felt Orr had been recognized by the chair because the Clerk had been asked by the Mayor to research whether Orr's motion needed a second. Blatchford believed Orr was recognized, but he did favor debate on the budget. Motion passed. Yes: Blatchford, Gage, King, Orr, Shafer No: Callahan, Satin L. ■ City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 249 Call of the question motion failed. Yes: King, Orr No: Blatchford, Callahan, Gage, Satin, Shafer Janke gave an overview of the proposed six -month budget. Some of the highlights included: expenditure reductions in library personnel ($2,398), state lobbying ($5,000), Parks and Recreation Personnel ($17,227), legislative personnel ($2,929), council and city manager contingency funds ($15,000) and expenditure increase of $70,000 to the Chamber of Commerce, 1% employee cost of living adjustment, and an employee preventive medical exam program. There was a transfer of $300,000 from the Electric Enterprise Fund and $76, 840 transfer from the Water & Sewer Enterprise Fund to the General Fund. And there were the following transfers from the General Fund to other funds: A transfer to the Small Boat Harbor Enterprise Fund of $250,000; a transfer to the SMIC Enterprise Fund of $240,491; and a transfer to the Capital Acquisition Fund of $100,000. Motion (Callahan /Satin) Reduce the contribution from the City of Seward to the Seward Chamber of Com- merce from $70,000 to $1,000. Callahan said he outlined his thoughts on this topic in an opinion piece in the Phoenix Log. Callahan felt it was not the role of the city to contribute to the Chamber of Commerce when there are more pressing needs for services within the City of Seward. Callahan said the city's role is to build parks, have a police force, etc., and the role of business is business. Tourism is not struggling in Seward, but rather, is flourishing. The city's role should be to keep streets in good shape and keep the city's financial house in order and the business community will step forward to meet any advertising needs they may need. Orr said the city spends almost no money marketing and promoting itself, and when the bed tax was imposed it was sold to the public with the argument that a portion of these revenues would go to marketing the community. And prior to the bed tax getting initiated, Orr felt it was always the plan for the Chamber of Commerce to be the entity that would market the city. Shafer thought it was important for Seward to get more year -round employment and the Chamber of Commerce can help the city with this goal. King said the Chamber's primary function is to promote the whole community in order to convince tourists to come to Seward, and this is done with a general brochure. Once a visitor arrives in Seward, then all businesses have the same opportunity to get customers through their door. Blatchford said that in 1950 the population of Seward was just under 3,000 people, and the community was not so spread out. Seward's population today is about the same, and this includes approximately 500 inmates at Spring Creek. Following the 1964 earthquake, Seward had a number of tough economic years. And it was not until the mid to late 1970s did Seward really try to re- establish itself, and this was done with strong advertising. Advertising the community with the use of the slogan "Summer -up in Seward" was very successful and this was a needed boost to our economy. Blatchford expressed a concern that the independent businessperson has a difficult time to entice tourists away from the large cruise ship companies. The Chamber of Commerce, through the use of numerous volunteers, works to make the Fourth of July and the Salmon Derby successful City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 250 and to also entice tourists away from the large cruise ships and into the little businesses within the community. Satin said he heard a lot of talk about the Chamber representing the entire community, Chamber Members and Non - Members, but felt this was misleading since the Chamber focuses on promoting their membership. As an example, Satin noted that the Chamber brochure did not represent the entire community but only businesses that chose to be Chamber Members. Satin stated public money should not be given to groups that are exclusionary. After all the council members had an opportunity to speak, Satin asked if any member wished to declare a conflict of interest and wished to be excused from voting. No one declared a conflict. Motion failed. Yes: Callahan No: Blatchford, Gage, King, Orr, Satin, Shafer Motion (Orr /Shafer) Add $2,398 to the library and fund this increase by decreasing city travel budgets. King said since it was his understanding that there will be new library equipment this year, it was his hope this will reduce the need for additional funding for personnel. Shafer said implementing the new technology in the library will require staff time. In addition, there has been an increase in library usage since she arrived here seven years ago and the library budget has not gone up to reflect this increased usage. Orr favored the motion as a step to opening the library on Sundays. Motion passed. Yes: Blatchford, Gage, Orr, Satin, Shafer No: King, Callahan Motion (Gage /Orr) Remove the 1% Cost of Living Allowance from the city budget. Janke offered to remove the cost of living allowance (COLA) request at this time because he did not bring it forward in a timely manner. Janke said it was his intention to bring the COLA request early in the next budget and base it on the Anchorage Consumer Price Index (CPI). Orr said to Janke that he would also like to see a thorough report regarding how other municipalities, state and federal agencies, are handling cost of living requests. Rather than voting on the amendment, there was no objection to deleting the COLA line item from the budget. Satin desired to amend the budget by decreasing the Chamber of Commerce contribution from $70,000 to $20,000. King asked whether this motion was appropriate since the issue had already been addressed and voted upon this evening, and he asked the clerk for an opinion. Following a five - minute recess, Reilly opined that a motion to amend the budget at tonight's meeting would not be procedurally correct because the issue had already been fully discussed and City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34 Page 251 voted upon earlier in the evening. Reilly said it would be possible to amend this budget item at a future meeting. Satin withdrew his request to amend the budget at this time. Main motion, as amended, passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Resolution 99 -060, adopting the DARE Special Revenue Fund Budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Orr /Shafer) Approve Resolution 99 -060 Janke said this is a program to teach school children drug and violence awareness. In response to a question from Satin, Janke said it was undecided which officer will do the DARE program this year. Motion passed. Unanimous. Resolution 99 -061, adopting the Parking Revenue Enterprise Fund budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Shafer /King) Approve Resolution 99 -061 Janke said this budget is only through this season and there will be advertising this winter for parking enforcement to be privatized next year. Motion passed. Yes: Blatchford, Callahan, Gage, Orr, Satin, Shafer No: King Resolution 99 -062, adopting the Hospital Debt Service Fund budget for July 1, 1999 to December 31,1999. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 252 t No one appeared to be heard and the public hearing was closed. Janke said this budget is for the hospital construction debt. Notice of the public hearing being posted and published was noted, and the public hearing was opened. Motion (Orr /King) Motion passed. Resolution 99 -063, adopting the Motor Pool Internal Service Fund budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. Approve Resolution 99 -062 Unanimous. No one appeared to be heard and the public hearing was closed. Motion (Satin /Gage) Janke said the city is not buying any vehicles this year. Motion passed. Resolution 99 -064, adopting the Water and Sewer Enterprise Fund budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. Approve Resolution 99 -063 Unanimous. No one appeared to be heard and the public hearing was closed. 1 Motion (Shafer /King) Approve Resolution 99 -064 Janke said there is a repayment from the Water and Sewer Enterprise Fund this year to the General Fund in the amount of approximately $76,000 to reimburse a previous debt from the Water and Sewer Enterprise Fund. This debt arose in fiscal year 1991, and the start of repaying this debt is a strategy to help balance the general fund. Motion passed. Unanimous. Resolution 99 -065, adopting the Electrical Enterprise Fund Budget for July 1, 1999 to December 31, 1999. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 253 Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (CallahanBlatchford) Approve Resolution 99 -065 Janke said there is a $300,000 payment to the General Fund from this account to take care of the Seward Industrial Park debt service obligation. Resolution 99 -066, adopting the Small Boat Harbor Enterprise Fund Budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Shafer /Gage) Approve Resolution 99 -066 Janke reminded the council the city now owns the harbor and has fixed the debt problems by dividing the small boat harbor into two enterprise funds. This budget, with a debt write off, is a balanced budget and will now begin to build a fund to help cover its own costs for repair and replacement. Motion (Gage /Callahan) Reduce the Harbor Enterprise Fund Bud- get by $15,000 by deleting the contingency line item funds by this amount. In response to a statement from Gage, Janke said that the next budget will have money set aside to repair and upgrade the south section of the small boat harbor. Gage said she did not like contingency funds because she likes to see where the money is spent. Orr agreed with Gage, because he also wanted to see where the money is spent. Satin favored keeping the contingency in place to allow flexibility for the administration in how money is spent. Motion passed. Yes: Blatchford, Callahan, Gage, King, Orr No: Satin, Shafer Main motion passed. Unanimous. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 254 Resolution 99 -067, adopting the Seward Marine Industrial Center Enterprise Fund budget for July 1, 1999 to December 31, 1999. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Shafer /Gage) Approve Resolution 99 -067 Janke said the majority of the money spent in this account is to cover debt service. Motion passed. Unanimous. Resolution 99 -068, adopting the Seward Capital Improvement budget for July 1, 1999 to December 31, 1999 and the next two fiscal years. Notice of the public hearing being posted and published was noted, and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Motion (Gage /King) Approve Resolution 99 -068 Janke said the capital improvement program is about $100,000 funded from the General Fund, consisting of $60,000 to repair the fire hall roof, and $40,000 for various sidewalk projects. In response to a question from Orr, Janke said road repairs will need to be addressed in next year's budget. In response to a question from Callahan, Controller Erchinger said the $70,000 electric rebate funds that were discussed last winter were not appropriated by the council and the money is still in the electric fund. Motion passed. Unanimous. NEW BUSINESS Ordinances for Introduction Ordinance 99 -07, amending 3.55.010 of the Seward City Code to allow for more flexibility with regard to employee resignations and rehire. Motion (Orr /Gage) Introduce Ordinance 99 -07, and set for a public hearing at the June 14 meeting. City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 255 Janke said this proposed code change is a housekeeping measure that Janke felt needed to be changed because failure to give a 14 day resignation should not preclude a former employee from being rehired. King wondered why this code change was seemingly coming out of the blue, and wondered what was prompting the change. Janke said this code change is not being brought forward in response to any individual or any specific case. Janke said he is bringing this change forward because when he was reading the city code and read this section of the code, this section of the code struck him as patently unfair. In addition, the proposed change has been discussed with department heads and the personnel officer for their comments. Motion passed. Unanimous. Resolutions Resolution 99 -057, amending two -hour parking time limits in the downtown corridor by excluding Fourth Avenue between Church Street and Jefferson Street. Motion (Gage /Satin) Approve Resolution 99 -57 Gage spoke against passage of the resolution because she thought forest service employees were going to park in the volunteer fire department lot. In response to a question from Gage, Chief Squires said he would contact the volunteer fire department to see if there can be an agreement reached between the volunteers and the forest service employees. In response from a question from Orr, Squires said the volunteer fire department lot cannot be used as a parking lot without improvements made to the lot. Motion (Callahan /Gage) Motion passed. Postpone Resolution 99 -057 to the June 14 meeting. Yes: Blatchford, Callahan, Gage, Orr, Satin, Shafer No: King Resolution 99 -069, authorizing the city manager to direct the engineering department to design and issue a request for proposal to construct a sewage dump station on the west side of Ballaine Blvd., just north of the "B" Street extension, which can accommodate at least two RV /Camper units at one time and have enough available paved area to prevent waiting units from creating traffic problems. Motion (Satin /Shafer) Approve Resolution 99 -069 City of Seward, Alaska City Council Minutes May 24, 1999 Volume 34, Page 256 t Janke noted the current location of the recreational vehicle dump station should be moved because the current location in the small boat harbor is too congested. Motion passed. Unanimous. COUNCIL COMMENTS. None. CITIZENS' COMMENTS. None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. None. ADJOURNMENT The meeting was adjourned at 11:00 p.m. 1 I I LJ Patrick Reilly City Clerk (Cit ♦►11118/1 # ,P s+ OF 4 �` � 0 a ll 1 i • ~_ i Y w � r Low 4l R. Satin Mayor City of Seward, Alaska June 14, 1999 CALL TO ORDER City Council Minutes Volume 35, Page 1 The June 14, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Acting Chief, Lt. Mike Chapman, led the pledge of allegiance to the flag. Mayor Satin gave a short history lesson on John Ballaine, Seward's Founding Father, whose picture was hung on the wall in the council chambers. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT SPECIAL ORDERS, PRESENTATIONS AND REPORTS. The Mayor displayed a plaque which was given to the City in recognition of the Council's support for this year's Close -Up Program, where the City contributed $1,000 to assist students who traveled to Washington, D.C,. to learn how our government functions. Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke said that the city will not remove any trees on Fifth Avenue when the City builds a sidewalk later this summer, stating they are too valuable to cut down. While working with the National Forest Service and National Park Service, it appears that the potential for the use of the Institute Marine Science site for a multi -use agency facility is again City of Seward, Alaska City Council Minutes June 14, 1999 volume 35, Page 2 possible and the City Manager stated there would be a meeting with the University later this month and Janke stated he would keep the council posted on the meeting outcome. Port Avenue is in poor shape, pictures of the road have been sent to the Department of Transportation Commissioner with a request to make temporary repairs pending reconstruction of the road which is scheduled in about two years. Janke gave an update on tot lot improvements, including the one planned on Dora Way. Bids for this project are due on July 19. No bids were received to pave the parking lot located behind the library. There is a request for bids due June 23 to build and repair city sidewalks. There is also a request for bids due June 15 for light poles along Fourth Avenue down to Port Avenue. A bid to re -roof the Fire Hall is due June 25. Flood mitigation work, the North Forest Acres Levee Project engineering services proposal are due June 22. The Kenai Peninsula Borough Economic Development district has invited the City Manager, Mayor and Council Members for a meeting on June 24 in Soldotna. Gage asked about the heliport conditional use permit and thought the hospital was supposed to put grass in place prior to the use of the heliport. Schrock updated council on the Resurrection River Flood Mitigation project, which consists of debris and sediment removal from Resurrection River. A temporary dike was built along the site which will allow fish to still move up the stream while construction work is ongoing to mitigate potential flooding. City Attorney's Report. Wohlforth summarized the law firm's activities during the last month. The legal work included reviewing the Fourth ofJuly security services request for proposals, conflicts of interest questions, personnel matters, review and revisions to the curfew ordinance, review of skateboard park liability, and monitoring the litigation and other matters related to the SeaLife Center. Other Reports, Announcements and Presentations. None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Ron Freeman, Acting District Ranger of the United States National Forest, Seward Ranger District. Freeman spoke in favor ofthe passage ofResolution 99 -057, which would amend two -hour parking time limits in the downtown corridor by excluding Fourth Avenue between Church Street and Jefferson Street. Freeman said parking on Fourth Avenue is a convenience for forest service employees. Additionally, Freeman stated the street is often empty (except during the lunch hour) and out of 44 parking spaces there are rarely more than 25 percent used. APPROVAL OF AGENDA AND CONSENT AGENDA e- MOTION (Shafer /King) Approve the Agenda and Consent Agenda. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 3 I Gage pulled Resolution 99 -070, providing for an additional camping site fee category of $10.00 per night (and $12.00 per night on July 3, 4, and 5), from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -071, awarding a contract to Judy Merritt, dba Merritt Enterprises for custodial services at two Parks and Recreation Department off -site locations, specifically, at the Alaska Vocational Technical Center and the Teen and Youth Center. Resolution 99 -072, approving an amendment to the contract for Robertson, Monagle & Eastaugh and Zane & Associates to extend the term for federal representation through December 31, 2000. Resolution 99 -077, accepting a grant from the State Highway Safety Planning Agency in the amount of $750 and appropriating a total of $1,100 to the Bike Safety `99 Grant Fund; $350 from Parks and Recreation, the Sports and Recreation account and $750 from the Bicycle Safety `99 Grant revenue account. Resolution 99 -078, authorization to issue a fireworks permit to the Chamber of Commerce for their fireworks display in accordance with Seward City Code 10.10.040(A) on the evening of July 4, 1999. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 99 -07, amending 3.55.010 of the Seward City Code, to allow for more flexibility with regard to employee resignations and rehire. Motion (Shafer /Satin) Approve Ordinance 99 -07. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Janke stated all departments reviewed the proposed code amendment. The current code language precluded hiring someone who left the city without giving two weeks' notice, the new language will be more flexible for the city. In response to a question from the Mayor, Janke stated no current applications with the City would be affected by this code change. Janke also stated that six months ago someone did come to City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 4 his office to discuss this proposed amendment, but that person does not have a current employment application on file with the city. Motion Passed. Unanimous. UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 99 -057, amending two -hour parking time limits in the downtown corridor by excluding Fourth Avenue between Church Street and Jefferson Street Gage noted she would not support this resolution because her research indicates there will be a parking problem along this street if the city eliminates the parking restrictions. Callahan stated if this change is allowed it could be changed back if it became a big problem. Janke stated that Schrock spoke with one of the local nearby businesses, GTE Alaska, and they would like fifteen - minute parking spots reserved in order for their customers to be able to come in and quickly pay their phone bills. Satin thought fifteen- minute parking spots would be good for the public in order to allow customers to quickly come in to pay their bills at the telephone company and he would be supportive of this change. Blatchford was curious where downtown business employees were currently parking, and noted that he had not heard from them about this issue. Motion passed. NEW BUSINESS Ordinances for Introduction. None. Resolutions. No: Blatchford, Gage Yes: Callahan, King, Orr, Satin, Shafer Resolution 99 -070, providing for an additional camping site fee category of $10.00 per night (and $12.00 per night on July 3, 4, and 5). Motion (Gage /King) Approve Resolution 99 -070. Janke stated that the council approved the Waterfront Park plan, and that a resolution approved the current fees but did not account for the situation where an RV takes up an additional spot when a car attached with an RV uses up an additional space that could be used by another RV. The current resolution does not have a way to charge customers for using up additional RV spaces when it is used by something other than an RV. Parks and Recreation Director Sturdy responded to questions. In response to one question she stated that self - registration is about 95 percent compliant. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 5 Callahan suggested getting away from charging differently depending on whether the site is used for a tent or RV spot. King commented that he likes the way the construction along the Waterfront is proceeding. And although he was not real supportive about the expenditure of funds for these improvements, he is now pleasantly surprised with the results. King also thought if all the improvements are implemented this year it may be possible to raise the fees next year. Motion passed. Unanimous. Resolution 99 -073, authorizing the city manager to issue a purchase order to Altec for an amount not to exceed $50,000 to repair an electric department bucket truck. Motion (Orr /King) Approve Resolution 99 -073. Janke noted the electric department bucket truck did not pass inspection. Calvert explained that this bucket truck is no longer safe to operate in the current condition. Wohlforth suggested an amendment because the city was not using the competitive procurement procedures. Wohlforth noted that this procurement was not subject to the competitive bid requirements because the equipment could only be furnished by a single dealer. Hearing no objections from the council, Satin declared the inserted clause as unanimously amended to the resolution. Motion passed. Unanimous. Resolution 99 -074, authorizing the city manager to enter into negotiations to purchase a global positioning system mapping receiver from Accupoint at a price not to exceed $10,995. Motion (Blatchford /Satin) Approve Resolution 99 -074. Janke stated the global system mapping receiver which the city wishes to purchase is compatible with Kenai Peninsula Borough's system. Calvert answered specific questions regarding the city's antiquated city mapping system. The city has the borough mapping on the city's computer now, but it does not include the city's water and electric systems. This will allow the city to use the maps as a valuable reference tool to locate city infrastructure. City engineer, Steve Homan, was complimented for going an excellent job in researching the computer software companies. Wohlforth suggested a similar amendment as such as the one used in Resolution 99 -073, and hearing no objection from the council, Wohlforth's suggested amendment was unanimously approved. This amendment allowed the city to exempt this purchase from the city's procurement code. I Motion passed. Unanimous. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 6 Resolution 99 -075, authorizing the city manager to award a contract to Purcell Services, Ltd., in the amount of $23,900 to provide July 4 security services. Motion (King/Orr) Approve Resolution 99 -075. Janke noted the resolution responds to the council's plan to limit problems in the city's campgrounds this Fourth of July. Only one company responded to the city's request for proposals. The bid was originally $30,000, but Janke negotiated with Purcell Services, Ltd., a level of service that the company will provide for $23,900. The company's main job is providing customer service at the entrance to the campgrounds and being a visual presence of authority. There is not enough money in the budget for security services. There is a need for an additional $8,900 from the general fund to cover the full $23,900. Purcell Services' bid will allow for nine employee stations of two ten- hour shifts and one supervisor. In response to a question from Shafer, security would include all along Waterfront Park and the Forest Acres Campground. Callahan and King both suggested raising campground fees for next year's Fourth of July. King suggested the city could cut expenses by not having this security service on Monday, July 5, following the Fourth of July celebration. He also suggested the possibility of raising campground fees for this weekend. In response to a question from Gage, Janke said that the Purcell contract is in addition to the police department overtime, two additional police officers from Kenai, and correctional officers from Spring Creek Correctional Officers. Gage and Shafer expressed concern that a crackdown on Waterfront Park may increase the amount of drunk drivers driving Nash Road in an attempt to find a place to party on the other side of the bay. Shafer looked for additional officers patrolling Nash Road. Lt. Chapman noted there will be four additional troopers in Seward, which is additional officers than in prior years. Chapman said he, too, is concerned about the Fourth of July camping area and police will spend some time patrolling this area. Janke stated there is flexibility in the contract to move security personnel around, depending on where the need arises. Motion passed. Unanimous. Resolution 99 -076, amending the employment agreement with City Manager Scott Janke. Motion (Satin /Callahan) Approve Resolution 99 -076. Satin noted negotiations between council and the city manager resulted in the proposed amendments to the city manager's contract. Motion passed. Unanimous. Resolution 99 -079, amending Skate Park Rules. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 7 Motion (Shafer /Gage) Approve Resolution 99 -079. Janke stated the proposed resolution summarizes the outcome of a work session the council held on this topic. Significantly, there will be "helmets are strongly recommended" and "skate at your own risk" signs put into place at the park. Wohlforth noted that since Alaska basically apportions liability according to fault, city signs recommending safety gear will limit the city's liability. Janke also noted that although the work session indicated some desire to make improvements to the skate park, including drainage in one corner, this will need to be added to a future budget. In response to comments made by Janke, Wohlforth stated it is sound not to absolutely prohibit something by a city rule and then not enforce the rule. Janke suggested the city place a sign that states "use park at your own risk." Orr wondered how much litigation has occurred over park usage. Wohlforth responded there is not much history of litigation on this topic in Alaska, but as the state grows there may be additional litigation. Satin asked that the language "skate at your own risk" be changed to "use at your own risk ", this will cover a scenario such as a bicyclist using the park. Janke agreed with this change in the proposed sign language. Hearing no objections from the council, section 2(A) of the resolution was amended to read "use at your own risk." Motion passed. Unanimous. Resolution 99 -080, directing the administration to bring forth a resolution that grants city employees a cost of living allowance that is distributed to employees equally. Motion (Gage /Shafer) Approve Resolution 99 -080. Janke noted that council member Gage put forth a resolution whereby employees are given an across the board increase in wages of about 17 cents per hour in place of the proposed cost of living allowance. This would give employees about $400 per year increase. In response to a question from Orr, Janke said the cost would be the same cost as the cost of living allowance which Janke presented to the council at the last meeting. Callahan said he liked the idea that lower paid employees will receive the same increase as higher paid employees. Motion passed. Yes: Blatchford, Callahan, Gage, Satin, Shafer No: King, Orr Seward Ship's Drydock request to consume alcohol at their company picnic at First Lake. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 8 Motion (GageBlatchford) To approve Seward Ship's Drydock request to use the First Lake Park area on June 26, under the same rules as a city pavilion. Janke noted the city did not consider other locations, in addition to the Wellington and Adams Street Pavilion use, for public alcohol consumption. Wohlforth stated that a pavilion is not defined in the city code, and if the council is interested in supporting the motion the area could be defined as a pavilion. Sturdy stated that to consume alcohol in public places, a pavilion use agreement would need to be given by Parks and Recreation Department. In response to a question from Callahan, the use of a pavilion space implies that the use is limited to those who are given the pavilion use permit. Callahan said that he brought this issue up when the code was changed this last winter. He favored the allowance of alcohol consumption, for wedding receptions, etc, and thought the city should work on setting policy for this use instead of just on a case by case basis. Motion passed. Unanimous. Council recommendation to the Kenai Peninsula Borough Mayor to appoint Lynn Hohl as the City of Seward Representative to the Kenai Peninsula Borough Planning Commission Motion (King /Shafer) Recommend to the Kenai Peninsula Bor- ough Mayor to appoint Lynn Hohl as the City of Seward Representative to the Kenai Peninsula Borough Planning Commission. Lynn Hohl introduced herself and stated she was ready to respond to any questions the council may have. King said Hohl had an excellent reputation and background in this area and appreciated her interest in volunteering to take the position. Satin commented he too was impressed with Hohl's excellent background in real estate and land use management and thanked Hohl for putting forward her name for nomination. Motion passed. Unanimous. City council recommendation to appoint Kelly Martin as the City of Seward's official designee on the Seward National Scenic Byway Corridor Partnership Board. Motion (Satin /Gage) Recommend appointment of Kelly Martin as the City of Seward's official designee on the Seward National Scenic Byway Corridor Partnership Board. Satin noted Martin currently serves on two of the city's boards, the Historic Preservation Board and the Planning and Zoning Commission. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 9 In response to a question from Orr, it was stated by the Clerk that Martin expressed an interest in getting reimbursed for her travel expenses. Orr expressed a concern that allowing Martin a travel reimbursement would set a precedent and thought this is something the council could discuss at a future time. Satin thought that since Martin is volunteering her time on behalf of the city's interest, her travel expense request was reasonable. Gage thought it might be possible for Martin to use the city van. King stated that since there is no budget request before them at this time he spoke in favor of this appointment at this time and then address Martin's budget request at a later time. Blatchford stated that in the event Martin could not make a meeting, he would like to be notified and considered as an alternate. Hearing no objection from the council, the resolution was amended to add Blatchford as the city's alternate. Motion passed. Unanimous. Informational Only Chamber of Commerce sublease agreement with Sara Nan Riordan, dba Alaskan Memories, for Boardwalk Site 9, Block 6, Oceanview Subdivision for a period of two years from June 1, 1999 to May 31, 2001. Janke noted the Seward Chamber of Commerce sublease for Boardwalk Site 9 was provided to the council for informational purposes. Satin stated this is lease amount, $6,912, is additional assistance to the Chamber because the city does not ask for a portion of this sublease and does not charge the Chamber for the use of the land. Request for proposals for 1) engineering services for small boat harbor improvements and, 2) long term lease for small boat harbor site number 6 (formerly, the Lion's Club site). Janke stated the administration is proceeding forward with the council's recommendation to lease small boat harbor site number 6. Beckham outlined the small boat harbor improvements project and named the members of the task force regarding Engineering Services for the Seward Small Boat Harbor Repair and Renovation Capital Project. In response to a question from Gage, Beckham stated that the proposed concrete float system will be better than the one in Valdez which needs to be removed and upgraded earlier than anticipated. Beckham said that the task force members discussed the advantages and disadvantages ofboth wooden and concrete float systems. Members ofthe task force included, Rick Gifford, Tylan Schrock, Jerry George, Ron Long, Harvey Smith, and Beckham. Proposed amendment to the Seward City Code 10.05.010, relating to a general curfew for minors. City of Seward, Alaska City Council Minutes June 14, 1999 Volume 35, Page 10 Wohlforth noted the proposed code amendments are dictated by the Ninth Circuit Court of Appeals, which gave a thorough discussion of curfew ordinances in one of their cases. The Ninth Circuit approved a particular ordinance and the proposed ordinance before the council adopts language from the Ninth Circuit case. COUNCIL COMMENTS Gage, stated council received a letter from Nick Chapman asking about trading Boulder Field for the field across from the airport. Gage said Chapman was looking for a response from the city, in part because it was part of his Boy Scout work. Gage also appreciated the city's administration's position not to cut trees down on Fifth Avenue. Blatchford asked that a request be sent to the Alaska SeaLife Center to give the council an update at their next meeting. In response to a question from Shafer, Janke stated the Holland American tour bus passengers are given an option to be picked up at Fourth and Adams instead of in front of the Alaska SeaLife Center. Janke said the Seward Downtown Merchants Association is looking for Holland America to continue with their original commitment to park at Fourth and Adams and Janke intended to work with the Merchants Association to encourage passengers to walk through the downtown district. King noted the proposed curfew ordinance allows for the possibility of parents of minors to be cited and fined if their children violate curfew, and he wondered what that penalty could be. The city attorney said he would look up the penalty, which would be in the general penalties section of the city code, and get back to King. CITIZENS' COMMENTS Jim Pruitt, Maple Street, thanked the council for allowing Seward Ship's Drydock to continue their traditional picnic at First Lake and invited the council to join them and have a taste of Dennis Gault's famous barbeque ribs on June 26. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 10:08 p.m. Patrick Reilly 1uun11 City Clerk �� Of SFI,y ° pi s (City Seal) 0 • Mi d� • O M Ap � • r r • r M c� Lowell R. Satin Mayor 1 City of Seward, Alaska June 28, 1999 CALL TO ORDER City Council Minutes Volume 35, Page 11 The June 28, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Acting Chief, Lt. Mike Chapman, led the pledge of allegiance to the flag. ROLL CALL There were present: 1 Lowell "Bob" Satin, presiding, and Edgar Blatchford Marie Gage Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Patrick Callahan (arrived 8:06) Jerry King Vanta Shafer ABSENT None. t SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Satin presented a proclamation recognizing Colleen Ewert, Spring Creek Correctional Center Assistant Superintendent, for her years of dedicated service in the field of corrections and to the Seward Community and wished her a joyful retirement. Program coordinator, Lam Lockwood, and Seward students Bonnie Moore, Gwendolyn Luther, and Thomas Burton, who will travel to Obihiro, Japan, as part of Seward's Sister -City Exchange Program. Lani Lockwood, Sister City Coordinator, displayed the Fourth of July race trophies and Silver Salmon Derby Awards which were received from Obihiro, Japan. Bonnie Moore and Gwendolyn Luther were introduced and they gave a brief presentation where they stated they were looking forward to their trip and the opportunity to represent Seward while in Japan. Thomas Burton was unable to attend because he was in a journalism class in Seattle. City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 12 Moore and Luther stated that going to Japan has been a long -time goal for them, and in anticipation of this trip, they have been practicing their Japanese. Borough Assembly Report. None. City Manager's Report. Janke passed around telephone numbers of those who will assist if there are difficulties or concerns over the Fourth of July. It was noted that Lt. Chapman received commitments from the communities of Soldotna and Kenai to send two police officers from both of their communities to assist Seward during our Fourth of July celebration. No bids were received to pave the library parking lot behind the library. To comply with the American with Disabilities Act (ADA), a resolution awarding a contract for sidewalk improvements, specifically, upgrading sidewalks with curb cuts for better wheelchair access, will be presented at the July 12 meeting. The fire hall roof bid was received, but it was in excess of the amount budgeted, so the administration is still deciding on how to proceed. Janke said he recently attended a meeting with the United States Forest Service, National Park Service and University of Alaska. Based on this meeting, Janke said he felt real positive that the University is willing to sell land to the federal government so that the federal agencies can go forward with building the multi- agency facility. In response to a question from the Mayor, Janke said there is no financial commitment from the city, the city's role is as a catalyst only. Janke noted the city was notified that it did not win an All American City Award. Janke said the city has built a good foundation on which to develop a future application and he thanked all those who assisted with this project. Janke said the city intends to submit another application next year. Schrock updated the council on flood mitigation delta work that took place below the three bridges along the Resurrection River. Schrock also stated the city was reviewing four request for proposals which were received concerning the North Forest Acres Road/Levee and the Japanese Levee Extension. City Attorney's Report. None. Other Reports, Announcements and Presentations. Clark, President of the Seward Chamber of Commerce Convention and Visitors Bureau, thanked the council for the $70,000 contribution allocated in the city's upcoming budget. Clark said the Chamber hired a new executive director, David Paperman. Paperman is currently the Hoonah, Alaska, Parks and Recreation Director and is expected to start as executive director July 20. Preparations for the Fourth of July activities have been the major emphasis during the past month for the Chamber of Commerce. There are well over one hundred volunteers helping to make the Fourth of July weekend a success and fun - filled family event. Clark thanked the City of Obihiro for the trophies their city contributed for our Mount Marathon Race and Salmon Derby festival. City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 13 1 1 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. J. Rollins, 1305 Dora Way, stated he was a new citizen of the City of Seward, and spoke in favor of the proposed playground in the Gateway area. Rollins added that everyone in the neighborhood is looking forward to the new tot lot on Dora Way. Jim Collman, 609 Fourth Avenue, said that the recent Seward Boat Owners Association meeting at the Adams Street Pavilion was well attended and a lot of information was exchanged. Collman thanked Acting Police Chief, Lt. Chapman, and council members Shafer and Gage for their attendance. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Blatchford /Gage) Approve the Agenda and Consent Agenda as amended. Janke deleted Resolution 99 -082, authorizing the City Manager to enter into a new lease agreement with Jim Pruitt. Janke explained he would like the Pruitt resolution removed because a lease, which is part of the resolution, was not completed until today and both Pruitt and the council need more time to review the lease. In addition, Janke deleted Ordinance 99 -10, amending the Seward City Code, section 15.10.140, definitions; 15.10.315(E), nonconforming lots and lot groups; 15.10.220, development requirements; and table 15.10.220, development requirements. Janke said Ordinance 99 -10 will be re- written so it will be clearer for the public to understand. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -086, authorizing an extension of a special services contract between the City of Seward and the Department of Public Safety, providing for Dispatch and Clerical Services to public safety employees in the Seward area; Resolution 99 -089, authorizing the city manager to enter into a memorandum of agreement with the Kenai Peninsula Borough, the Federal Emergency Management Agency, and other local government, business and non -profit partners to participate in the Project Impact Hazard Mitigation Program; May 24 and June 14, 1999, meeting minutes. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. None. Resolutions Requiring Public Hearing City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 14 Resolution 99 -081, authorizing the sole source disposal of t 8,000 square feet of public land within the North Harbor 72 -Hour Parking Lot, Tract A North Harbor Subdivision, to James T. Pruitt for expansion of Lease 84 -043 Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Jim Collman, 609 Fourth Avenue, stated his concern that the proposed design for the Gateway Texaco plan will increase traffic congestion on both Third and Fourth Avenues and will decrease the available parking for this area. Deborah Altamatt, 703 Iron Drive, owner of Sailing Inc., stated her business is located directly across from the proposed lease site. Altamatt stated there is an incredible amount of traffic in the area, and is an area that is getting more congested throughout the year. Altamatt stated the current parking situation is not adequate and spoke against leasing the additional land which is currently used as public parking spaces. James Pruitt, Maple Street, owner of Gateway Texaco, gave a history of the Gateway Texaco service station. Pruitt said the station was built eleven years ago, and it was adequate for the customers' use at that time. Since then sales and visitation have gone up, and the size of motor homes have gotten larger. Pruitt said leasing additional land would allow him to alleviate traffic safety concerns. Pruitt hired an engineer who reconfigured the city's current parking lots and said the proposed new configuration will actually increase the number of parking lots, rather than decrease it. Dean Kasischke, 521 Lancelot, spoke against the resolution. Kasischke said the proposal takes away valuable parking and adds congestion to an already congested area and the lease was not in the public interest. Judy Andrijanoff, 207 Bear Drive, stated her wish that the council support the appointed planning and zoning commissioners. Andrijanoff complimented the planning and zoning commissioners for their hard work and for giving the council two options. The first option was to not recommend the lease, but in the event that the council decided to approve the resolution anyway, the planning and zoning commission recommended a second option. The second option recommended leasing the minimum amount of land necessary to decrease traffic congestion in the area. No one else appeared to be heard and the public hearing was closed. Motion (Orr/Blatchford) Approve Resolution 99 -081 Janke gave an overview, stating that tonight's action is authorization to dispose of this property for lease. Janke stated the administration negotiated in good faith with Pruitt. City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 15 In response to a question from Gage, Janke said Pruitt's gas station could legally remain in the current location if no additional property is leased to Pruitt. Janke said the proposed $24,000 to be deposited in the parking enterprise fund would be used to reconfigure and re -stripe the parking lot. The negotiated lease items, Janke stated, were originally recommended by the planning and zoning commission. Orr said that parking mitigation was the main concern. Orr said that since there is no agreement with Pruitt to re- stripe, there is a need to get a timeline from the city administration regarding when the harbor parking lot would be re- configured and re- striped in order to gain additional public parking spaces. Janke said that the issue of re- striping the parking lot will be proposed in the next budget, and upon council approval, the area will be re- striped next summer. Janke said that the recreational vehicle dump station in the harbor area will be closed as soon as the new dump station is built. King said that all of the contact he had from the public, harbor businesses, and from a planning and zoning commissioner, recommended against leasing this property. Shafer said the calls she received were also against expansion of the Gateway Texaco Lease. Janke reminded council that he initiated negotiations with Pruitt in response to a request from the council that the administration negotiate with Pruitt. Callahan said that he would prefer to focus on reconfiguring the current lots for increased parking, regardless what happens with the Gateway Texaco lease. Motion failed Yes: Blatchford, Callahan, Orr No: Gage, King, Satin, Shafer Resolution 99 -083, authorizing the City Manager to purchase a±11,780 square foot lot located on Dora Way at Lot 6, Block 1, Gateway Subdivision, Plat 84 -18, for $24,000 from Roger Swenson for use as a city playground Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. After opening the public hearing, Satin noted that J. Rolin spoke in favor of this issue earlier in the evening. No one else requested to be heard and the public hearing was closed. Janke noted the city received a grant for the development of a playground on Dora Way, and the City identified the Swenson property as suitable for the proposed playground. Motion (Gage /Orr) Approve Resolution 99 -083 Janke said Swenson, agreed to the sale of this lot, but Swenson had not yet had an opportunity to stop by to sign the agreement. City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 16 Gage said there should have been a public hearing regarding sidewalks because she thought this new playground area would be a good area for sidewalks. Motion passed. Unanimous. Ten - minute recess starting at 9:06 p.m. Other Public Hearing Items. None. UNFINISHED BUSINESS. None. NEW BUSINESS Ordinances for Introduction Ordinance 99 -09, amending Seward City Code, section 10.05.010, relating to a general curfew for minors Motion (Gage /Satin) Introduce Ordinance 99 -09, and set for public hearing at the July 12 meeting Janke gave an overview and noted that one of the exemptions to the curfew time limits allows for sport fishing activity, a suggestion Janke received from the council at the June 14 meeting. Satin said first amendment rights of minors will still be protected with this ordinance. Shafer said she spoke with a lot of parents, and the consensus of parents is that the written permission requirement goes too far. Shafer felt verbal permission should be sufficient. Lt. Chapman said that a curfew problem is not something officers run into a lot, and the officers use common sense in enforcing these rules. In response to a question from Callahan, Chapman said that the proposed code change is just a tool to use when a problem arises. Callahan said he was not in favor of relaxing the current curfew. Janke said the ordinance is only getting introduced tonight, and the attorney will be available at the next meeting to answer questions council members may have. Blatchford stated that in some situations kids are out of the house late at night because there is domestic violence in the home and minors sometime leave their home when the fighting erupts. Motion passed. Resolutions Unanimous. Resolution 99 -084, authorizing the city manager to execute amendment four to the contract for computer services between the City of Seward and Michael W. Meeks, dba, MWM Consulting Motion (Shafer /Gage) Approve Resolution 99 -084 City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 17 Gifford stated this is the fourth extension of the MWM Consulting contract. Gifford said the need for this computer service has expanded as the city's computer needs expanded. The one -year extension of this contract will complete the last of this contract's four one -year extensions. Callahan said the city should consider having a staff computer person so that it would be easier for city employees to get computer assistance. Orr responded to Callahan's comments by stating that a city employee would cost much more because the city would be required to pay employee benefits. Janke stated he felt it was better for the city to contract this work out rather than to hire an employee. Motion passed. Unanimous. Resolution 99 -085, approving a seventeen (17) cent increase to each step of the City of Seward's pay scale plan and appropriating monies from each respective fund's fund balance /retained earnings to cover the wage adjustments Motion (Gage /Shafer) Approve Resolution 99 -085 In response to a question from Orr, Janke said that this pay increase is in addition to the 2.5 percent employee step increases. Motion passed. Yes: Blatchford, Callahan, Gage, Satin, Shafer No: King, Orr Resolution 99 -087, approving Inlet Fish Producers, Inc. Land Lease RE -94 -087, amendment 3, extending the lease term for one year with one option to extend one additional year Motion (Orr /King) Approve Resolution 99 -087 In response to a question from Orr, Janke said that Inlet Fish buy fish in Seward and truck fish to Kenai. Janke said the particular piece of land which Inlet Fish Producers, Inc. wishes to lease is used for storage. Motion passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan Resolution 99 -088, authorizing amendment three to the Cooperative Agreement between the City and the Alaska Department of Fish and Game, and a fourth amendment to the Agreement . for the Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center between the City and Seward Association for the Advancement of Marine Science Motion (Orr /Shafer) Approve Resolution 99 -088 City of Seward, Alaska City Council Minutes June 28, 1999 Volume 35, Page 18 Gifford said the attorney had a couple of revisions and noted that the Clerk distributed the current version of the resolution for the council. In response to a question from Callahan, Gifford said that releasing someone from a loss payee position does not release someone from liability, but rather, is one less entity required to sign off on insurance documents prior to releasing funds. Motion passed. Unanimous. COUNCIL COMMENTS Orr asked if Cook Inlet Processing (CIP) was allowed to establish tent camp sites for their employees. Janke said that in an effort to house their CIP employees, the city allowed CIP to have use of city property to set up tent sites. The city is allowing CIP about 1,800 sq. ft. of property to set up four platform tents in the area. Janke said that CIP was required to have their own port-a- potties and dumpsters, but these requirements have not been satisfied. Blatchford stated Seward's Fourth of July is a major festival in Alaska. This is Blatchford's 26th or 27th running of the mountain. Blatchford noted that he recently returned from a trip to Washington, D.C., and he continues to be quite impressed with the power of Alaska's congressional delegation. King said the city should consider reconfiguring the parking lot spaces in the harbor area to increase public parking spots. Shafer said that while reviewing the results of a recent community survey, she was concerned to learn the community rated itself low. Shafer thought Seward did not rate itself high enough and our community really does rally around for things that are important and should be more proud of itself. Orr thanked the Seward Police Department and Parks and Recreation for their effort to work with locals who fish at the fishing culvert in the small boat harbor area. Satin said he will be cheering Blatchford up the mountain and he wished all a safe Fourth of July. CITIZENS' COMMENTS COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. ADJOURNMENT The meeting was adjourned at 10:07 p.m. �- ��rtrrnar Patrick Reilly ��� ,�'� . ° � City Clerk M • • � i 1••. (City Seal) .. Lowell R. Satin Mayor �, cS .,AJ, i ns,• Y� 4 f• City of Seward, Alaska July 12, 1999 CALL TO ORDER City Council Minutes Volume35, Page 19 The July 12, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Acting Chief, Lt. Mike Chapman, led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan (arrived 7:38) Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and ' Scott Janke, City Manager Tylan Schrock, Assistant City Manager Cheryl Brooking, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke read a letter from Department of Transportation Commissioner Joseph Perkins. The letter from Perkins stated that the State of Alaska plans to repair portions of Port Avenue this summer by patching sections of the roadway and the State is planning to pave the whole road next summer. Janke read a complimentary letter from Dorothy Szawinski concerning this year's Fourth of July Holiday. Janke added that most of the comments were real positive, and it appeared that only about five open container citations were issued. The downtown merchants that Janke spoke with expressed positive comments about the Fourth. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 20 Community Development Director Kerry Martin has decided to retire at the end of the year and Janke stated that he will reorganize the department after Martin's retirement. Schrock stated that parking receipts for the month of June are up from last year. Schrock said the parking crew, along with Parks and Recreation Director Karin Sturdy, is doing a great job. Janke noted that he spoke with Jim Brady, of the Kenai Peninsula Independent Living Center, and Brady identified additional curb cut savings to assist the city. Janke thanked Brady for his assistance. City Attorney's Report. Cheryl Brooking summarized the activities of the law firm during the prior month. Some of the legal issues the law firm worked on included revising harbor lease forms and revising a draft lease for additional land in response to James Pruitt's proposal; the firm continued to monitor litigation matters related to the Alaska SeaLife Center; and the firm reviewed questions on proposed zoning amendments. Other Reports, Announcements and Presentations. Ron Long, President of the Port and Commerce Advisory Board, gave an update that summarized the activities of the Port and Commerce Advisory Board during the last year. Sharon Anderson, Alaska SeaLife Center Board of Directors President, gave an update on the SeaLife Center. Anderson noted that Director Kim Sundberg is taking a leave as Executive Director and Mike Castellina is running day to day operations. Sundberg will continue to work on various projects, including assistance with selecting a new executive director. Although visitation is down for the months of May and June, Anderson was happy to report that this year's exit surveys are an improvement from last year's. Anderson said she was hopeful there will be favorable federal legislation passed to assist the Alaska SeaLife Center in paying debts that were incurred to construct the facility. Anderson concluded her report by thanking the Mayor for all his volunteer time as a docent at the center. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Tom Kelly, Seward, (Rhonda Spurr spoke on behalf of Kelly because Kelly had a speech impediment and was unable to communicate well on his own). Spur reminded the council that when Kelly and Carla Norman received their injuries they lost most of the choices they had before their accident, but the right to move about the community in a wheelchair should not be limited. Richard Champion, Box 934, Seward, spoke in favoring of getting rid of sidewalks without the curb cuts because without a proper curb cut the sidewalks are inaccessible to those who use wheelchairs. Champion noted that when he goes for a walk with his house mate, who is in a wheelchair, they must use the street because they cannot get on the sidewalk. Kendra Russell, Box 2882, Seward, recounted her experiences working as an employee of Hope Cottages. Russell noted that as a Hope Cottage employee she has become aware of the daily City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 21 struggles faced by individuals who experience disabilities of all kinds. Russell stated that it is unacceptable to have areas of our community not accessible to those with disabilities. Russell ended her comments by stating that she was glad to see that council is moving forward by addressing some of these issues. Carla Norman, Seward, (Elizabeth Coffey, employee of Hope Cottages, spoke for Carla Norman). Coffey read a letter from Norman which stated that Seward is a difficult community to live in if you have to travel in a wheelchair. Donna Wottlin, 13832 Bruno Road, member of the Seward Resource Team for four years and the Seward Community for eleven years. Wottlin expressed a concern that the City of Seward had not been very progressive in how it treats those with disabilities. Wottlin stated the City should have an American with Disabilities Act Transition Plan in place. Melody Jordan, Mile 6.5 Seward Highway, employee of Icicle Seafoods. Jordan stated that she has lived in Seward for 24 years, and has been an Icicle Seafoods employee for 15 years, and for the last five years she has been the Seward plant manager. Jordan stated that she is a member of an advisory panel to the North Pacific Management Council, and that this experience would be beneficial to the Port and Commerce Advisory Board. Ron Wille, Marathon II Subdivision, stated that he frequently hears the comments and concerns of the people that are directly affected by decisions and policies made by the port of Seward and the Harbormaster's office. Wille noted that for the five years that he has lived in Seward, he has spent more time in the small boat harbor than anywhere else in town. Wille said he had experience working on charter boats, gradually moving up to multiple day excursions and then tugboats. Ron Long stated that Willard Dunham was unable to attend tonight's meeting because of a prior commitment pertaining to the Alaska SeaLife Center. Long noted that Dunham brought valuable historical insight to Port and Commerce Advisory Board Doug Lechner, 2000 Phoenix Road, stated he was seeking re- election to his fourth term on the board. Lechner stated that it has been a pleasure working on the board, and he would like to see current projects, such as the east harbor expansion and the railroad cargo dock, to fruition. Lechner stated that the nine member board has been a good team. Items not appearing on the agenda. Stu Clark, 1129 Cliffview, started by complimenting the Parks and Recreation Department for their work to improve the southern end of the campground. The improvements have created a ' much more pleasant experience for our visitors. Clark stated he heard many positive reports concerning this year's Fourth of July festivities. APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 22 MOTION (Blatchford/Shafer) Approve the Agenda and Consent Agenda. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -090, amending the fiscal year 1999 budget by appropriating $19,344.40 from sales tax revenues to the Hospital Debt Service; Resolution 99 -096, approving a land use agreement with Cook Inlet Aquaculture Association for use of city owned Tax Parcel 125- 370 -90, at Mile 6.5 of Seward Highway, on Grouse Creek, for a salmon harvest site. June 28,1999 meeting minutes. At the request of Gage, and without objection from the Council, the Council amended the agenda to move Resolution 99 -092 prior to the remaining council business. Resolution 99 -092, authorizing the city manager to enter into a contract with Summit Paving and Construction, for a price not to exceed $52,234, for selected American with Disabilities Act (ADA) curb cuts and installation of sidewalks on the North side of Van Buren Street, from Second to Fourth Avenue. Motion (Orr /Shafer) Approve Resolution 99 -092 Janke gave an administrative overview. Janke stated he did not know why there had been little emphasis for ADA compliance in the past, but in the last year he has been working toward the city becoming ADA compliant. Engineering and Public Works Director Calvert said he has identified what he felt were the curb cuts needed to bring the city into ADA compliance. Orr stated that based on the testimony heard this evening, which suggested that some of the current curb cuts are not adequate, he would favor the scope of work to focus on fixing current curbs rather than developing new curbs. In response to a questions from Shafer, Janke said that sidewalks on Third Avenue were the responsibility of the State of Alaska, and these sidewalks will be worked on during the Mile 0 -8 upgrade work. King spoke in favor of spending money to correct current sidewalks rather than doing sidewalk extensions. Janke said the total money available to do sidewalks is $53,638, and if the council desires he will see that all of this money is directed to curb cuts rather than new sidewalks. Gage spoke in favor of merely paving the north side of Van Buren Street rather than putting in a new sidewalk at this location. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 23 Amendment. Amend Section One to read "The City Council authorizes the City Manager to enter into a contract with Summit Paving and Construction, for a price to not exceed $53,638.18, to install and /or repair sidewalk curb cuts at various locations within the City of Seward. Amendment passed. Unanimous. Main motion passed. Unanimous. 119,1 1)I [il l 71►1 lK Ordinances for Public Hearing and Enactment Ordinance 99 -09, amending Seward City Code, section 10.05.010, relating to a general curfew for minors Motion (Orr /Satin) Adopt Ordinance 99 -09 ' City Attorney Brooking gave the administrative overview. Brooking stated that this curfew ordinance is in response to a letter the Mayor, and other Alaskan Mayors, received from the Alaska Civil Liberties Union asking communities to repeal current curfew ordinances based on Nunez v. City of San Diego 114 F.3d. 935 (9th Cir. Cal. 1997) which found a curfew ordinance in San Diego invalid. However, in that case, the Court wrote favorably about a Dallas, Texas, curfew ordinance it viewed as constitutional. The proposed Seward ordinance is very similar to the Dallas ordinance that was favorably cited in the Nunez case. The current City of Seward ordinance may be vague, and may not give adequate direction to law enforcement, and, therefore, Brooking recommended amending the city's curfew ordinance. 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 be heard and the public hearing was closed. Shafer stated that she was opposed to requiring written permission to allow minors to be outside past curfew. Shafer said the parents she spoke with would prefer to give oral permission after receiving a call from their child. Shafer did not want to put a rule on the books, such as requiring written permission, when few would follow it. In response to a question from Shafer, Lt. Chapman stated that although the current code requires written permission to allow a minor to be out past curfew, it would be unusual to find a minor who was out past curfew carrying written permission. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 24 Callahan stated that whether there is written or oral permission granted, he felt a police officer should also check with the parents to see if there is actual permission. In response to a question from Satin, Brooking said there is a constitutional right to travel, and this right allows minors to be out after curfew if they are traveling interstate. Satin stated there are three areas the council needs to address: first, does the city wish to have a curfew law at all; secondly, if so, then the current code is not reasonable according to the court; thirdly, if the council wishes to have a curfew it should put in place a curfew ordinance that will satisfy the courts and the proposed ordinance will satisfy the courts. Motion (Shafer /Orr) To strike section (c)(6), except for the word- ing "the minor is on an errand at the direc- tion of a parent." King said he would like to give police as much authority as possible because he has had a lot of thievery and vandalism in his neighborhood, the majority of which occurred between 11:00 p.m. at night and 5:00 - 6:00 a.m. in the morning. King said he would not like to take any enforcement tools away from police officers, and the ability for an officer to ask a minor to produce a document which is giving the minor permission to be out after curfew is a useful enforcement tool for an officer. Blatchford said he was reluctant to stray from the suggested wording of the Ninth Circuit Court, and, on this basis, he would vote against the amendment. Motion passed Motion (Callahan /Gage) Yes: Gage, Orr, Shafer, Satin No: Blatchford, Callahan, King To amend section (c)(3) to read "the minor is engaged in a parentally approved em- ployment or sport fishing activity, or is going to return home from such activity, without detour or stop; or Callahan spoke in favor of the amendment to make it clear that employment, or sport fishing activity, would be with the parent's permission. King questioned whether or not this section could be amended at this time, since the section was amended at the prior meeting. The Clerk responded that an amendment was in order because the prior meeting was merely an introduction of the ordinance, the amount of discussion at that time was quite limited, and there was no benefit of the attorney, and the attorney has given substantial input at tonight's meeting. The additional input from the attorney, and the broad council discussion on the ordinance, was new and additional information that was not available at the last meeting, and therefore, an amendment was in order. Motion passed. Yes: Blatchford, Callahan, Gage, Orr, Shafer, Satin 1 1 t City of Seward, Alaska July 12, 1999 Main motion passed. Resolutions Requiring Public Hearing No: King Yes: Blatchford, Shafer, Satin No: Callahan City Council Minutes Volutne35, Page 25 Gage, King, Orr, Resolution 99 -082, finding it is in the public interest and necessary to form an improvement district resulting in the construction of electrical, water, and sewer extensions and road improvements for the area described as follows: Lots BO, BR, BS, BW, BX, BY and BZ Forest Acres Subdivision. Janke stated that there was no appropriation of the funds in the resolution, and tonight's resolution is meant only to show that it is in the public interest to form an improvement district. In response to a question from Orr, Janke said that after holding this public hearing he would recommend postponement of this resolution so the administration could better identify the potential expense to developing the improvement district, and then identify and appropriate money from the correct account. Notice of the public hearing being posted and published as required bylaw was noted, and the public hearing was opened. Ron Long, Camelot Subdivision, stated there is a big building boom going on outside city limits, and this building boom is not a function of cheaper property taxes outside city limits, because real property taxes are about the same whether one lives inside or outside city limits. Approval of this resolution would encourage development inside city limits. Mayor Satin, 425 Fourth Ave., speaking as a private citizen, stated he agreed that development inside the city limits is desirable. Satin stated the city should not operate as a bank for private land developers, and while he felt the current subdivision may be found to be an exception, future land developers should not look to the city for the infusion of cash necessary to put in subdivision improvements. No one appeared to be heard and the public hearing was closed. Motion (Orr /Gage) Approve Resolution 99 -082 Janke requested council postpone this item so the administration can put forth a funding source for the council to approve. Motion (Orr /Satin) Postpone Resolution 99 -082 to the next council meeting. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 26 Callahan said he knows little about this development, but he felt that if the electric enterprise fund has the money to lend to a developer Callahan would favor the enterprise doing so. Callahan said that additional electric utility users would increase the revenue to the enterprise fund, and the city would also receive interest on the money that was loaned to develop the land. UNFINISHED BUSINESS. None. NEW BUSINESS Ordinances for Introduction Ordinance 99 -010, amending the Seward City Code, section 15.10.140, definitions; 15.10.315(E), nonconforming lots and lot groups; 15.10.220, development requirements. Motion (Orr /Shafer) Introduce Ordinance 99 -010, and set this item for a public hearing at the July 26 meeting. Community Development Director Martin stated that this ordinance would allow single family residential development on originally platted lots that are at least 3,000 square feet. Janke stated that the adoption of this ordinance would contribute to building a better building climate in Seward. Satin declared a conflict of interest because of an ownership interest in a 3,000 square foot lot which is adjacent to the home he currently lives. The 3,000 square foot lot is currently used as his driveway. Shafer stated that if this ordinance is approved, the city should do a publicity campaign to let out of town property owners know of this code change. In response to Shafer's comments, Janke said that if this ordinance is enacted he will see that there is a decent amount of publicity to help encourage development. Janke added that the Employee Recruitment and Retention Task Force, formerly known as the Spring Creek Task Force, has endorsed the concept this resolution embodies. Motion passed. Yes: Blatchford, Callahan, Gage, King, Orr, Shafer No: None Abstain: Satin Ordinance 99 -011, amending Title 9, Health and Safety, Chapter 9.05, Animals and Fowl, regarding trapping. Motion (Satin /Gage) Introduce Ordinance 99 -011, and set this item for a public hearing at the July 26 meeting. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 27 1 t Janke stated this ordinance would prohibit the trapping of animals within city limits. Martin stated that this ordinance is one of a two prong approach, the Planning and Zoning Commission recommended, and the Council will be asked to approve a resolution later in the evening, asking the Alaska Department of Fish and Game to institute a state trapping closure within city limits. In response to a question from Orr, Janke responded that if a dog can get caught in a trap, so could a child. Callahan said that he is not generally opposed to trapping in the State of Alaska, but he does not mind outlawing trapping within city limits because it did not appear that trappers are making a living trapping within Seward. Motion passed. Resolutions Unanimous. Resolution 99 -090, amending the fiscal year 1999 budget by appropriating $19,344.40 from sales tax revenues to Hospital Debt Service Motion (Orr /King) Approve Resolution 99 -090 Finance Director Rick Gifford said that Resolution 99 -090 is keeping in conformance with council direction to appropriate one percent of the sales tax revenues to the Hospital Dept Service. In response to a question from Callahan, Gifford respond that the agreement with Providence Seward Medical Center states the one percent sales tax will go to (1) pay off the debt service on construction of the new facility, (2) pay off debt to the State of Alaska Public Employees Retirement System for the debt that arose with the employment of hospital employees, and (3) anything remaining would go to a repair and replacement fund for the hospital. Motion passed. Unanimous. Resolution 99 -091, authorizing a contract, in the amount of $363,464.67, between the City of Seward and the State of Alaska, Department of Corrections, that provides for the City of Seward to operate the Seward Community Jail and house prisoners charged and /or sentenced under Alaska Statutes Motion (ShaferBlatchford) Approve Resolution 99 -091 Janke stated that this agreement essentially covers the City of Seward's costs to run the jail on behalf of the State of Alaska. Motion passed. Unanimous. Resolution 99 -093, authorizing the City Manager to extend the professional services contract with Winn Peterson, dba Peterson Consulting Group, for an amount not to exceed $19,000, City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 28 and amending the scope of work to include a comprehensive rate study for the Electrical Enterprise Fund. MOTION (OrrBlatchford) Approve Resolution 99 -093 Engineering Director Calvert stated that Winn Peterson had unique knowledge of our electricity system, and Calvert recommended not going for a Request for Proposals for the requested rate study In response to a question from Satin, Calvert said the City will need to go back to the electric regulatory board because the board only granted a three year term for the power sales agreement between the City and Chugach Electric Association, and not the requested ten year term. Motion passed. Motion (Callahan/Gage) Unanimous. To discuss continuation of the Port and Commerce Advisory Board and the appoint- ment of advisory board appointment members agenda items at this time. Continuation of the Port and Commerce Advisory Board through January 11, 2000. MOTION (Satin /Gage) Approve Continuation of the Port and Commerce Advisory Board through January 11, 2000. Callahan spoke in favor of increasing the board from a nine member panel to a ten member panel because there were four good candidates, and he did not wish to disallow a potential volunteer from getting active on the board. The Clerk stated that the city code stated the board is a nine member board, therefore, any changes to the number of board members would have to be done by a code amendment. Motion passed. Unanimous. The Clerk passed out ballots and the council members then voted for their preferred candidates to sit on the Port and Commerce Advisory Board. In response to a question from Callahan, Satin ruled, and the council concurred, that it would be inappropriate to lobby for their favorite applicant at this time, but rather, go directly to voting for the applicants. Motion (King) Motion passed. Call the question (to end debate). Yes: Blatchford, Gage, King, Orr, Shafer, Satin City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 29 C t t No: Callahan Following the vote, the Clerk announced that the three top candidates were Jordan, Wille, and Lechner. Without objection from the Council, the Mayor appointed Jordan, Wille, and Lechner to three year seats on the Port and Commerce Advisory Board. Resolution 99 -094, returning $14,887.92 from the Harbor Electric Upgrade Capital Project to the General Fund fund balance, and closing out the project as of June 30, 1999. MOTION (Orr /Blatchford) Approve Resolution 99 -094 Finance Director Gifford said that there was extra money in this account because it was not all spent to complete the construction project. In response to a question from Orr, Gifford said the return of this money to the General Fund was not budgeted in the current budget. Motion passed. Unanimous. Resolution 99 -095, amending the employment agreement with the city clerk. MOTION (Gage /Shafer) Approve Resolution 99 -095 Satin stated that the Clerk is asking to amend his contract for a 2.5 percent increase in salary. Callahan wondered if these negotiations should be in executive session, as had been done with the City Manager. In response to a question from Callahan, Brooking responded that if the discussion concerns evaluation of the City Clerk then it would be appropriate to have the discussion in executive session, but if discussion concerns salary level, this is a public matter, and it is appropriate to have this discussion in public. Motion passed. Yes: Blatchford, Gage, Callahan, Shafer, Satin No: King, Orr Resolution 99 -097, authorizing the city manager to approve a purchase order, in the amount of $21,500, to Resurrection Rental for port-a -potty rentals. MOTION (Orr /Satin) Approve Resolution 99 -097 Janke said that he intends to have the city issue a request for proposals for port-a -potty rentals next year, but there is only one source of port-a -potty rentals in Seward. In response to a question from Orr, Janke stated that this item is in the current budget. City of Seward, Alaska City Council Minutes Iuly 12, 1999 Volume35, Page 30 As an additional response to Orr's question, Parks and Recreation Director Sturdy said that port-a -potty units were increasing because of increased usage. Sturdy said the Administration did look to purchase port-a -potty rentals in the past, through the use of grant money, but the council, at that time, did not follow the administration's recommendation to purchase the equipment. Motion passed. Unanimous. Resolution 99 -098, requesting the Alaska Department of Fish and Game enact regulations prohibiting trapping within the corporate limits of the City of Seward. MOTION (Satin /Gage) Approve Resolution 99 -098 Satin noted that this resolution is the companion to the ordinance on trapping that was discussed earlier this evening. Motion passed. Other New Business Items Unanimous. Alternatives to replacement of the Fire Department building roof. The Council agreed there will be no bid let at this time because the bid received was greater than the available funds. Janke said the administration will present an alternative to a full roof replacement at a future council meeting. COUNCIL COMMENTS Shafer. None. Callahan thought that the Fourth of July went real well. He stated there may have been lower numbers this year, but based on last year's bad publicity, lower numbers were expected this year and numbers will build back up based on this year's good experience. King said that the Parks and Recreation Department, and the Seward Police Department, did a great job. Orr also stated the Fourth of July went pretty well, but he did note that he heard negative comments from three campers. One camper told him he was turned away from the campground and not given an alternative camping area. Orr said the city needs to focus on giving campers alternative camping locations. Gage spoke in favor of the city keeping the log bench in the culvert area, and thanked both Carla Norman and Richard Champion for speaking tonight. City of Seward, Alaska City Council Minutes July 12, 1999 Volume35, Page 31 L Blatchford said he had a nice Fourth of July. Blatchford also stated that the city needs to pay a lot of attention to the Alaska SeaLife Center. Satin stated he will be unable to attend the July 26 meeting. Satin complimented the administration on how this year's Fourth of July was handled. Satin said he will be looking forward to the Fourth of July sales tax receipts, and he thought there were a lot of long lines with many people making purchases. CITIZENS' COMMENTS Ron Long, Camelot, appreciated the council's renewal of the Port and Commerce Advisory 1 1 Board. Doug Lechner, 2000 Phoenix Road, thanked council for the six month extension to the Port and Commerce Advisory Board and for his reappointment to the board. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 11:00 p.m. Patrick Reilly City Clerk L well R. Satin Mayor (Cit;t SEyyt''i,., e �`� V �• FtP 0 Q a SE AL Air: i 4 • � � Y A Y • ^� O '•�elliltttt'►i�6 City of Seward, Alaska . City Council Minutes July 26, 1999 Volume 35, Page 32 CALL TO ORDER The July 26, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice -Mayor Edgar Blatchford. OPENING CEREMONY Acting Police Chief, Lt. Chapman led the pledge of allegiance to the flag. ROLL CALL There were present: Edgar Blatchford, presiding, and Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT Lowell "Bob" Satin, excused. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Blatchford recognized Willard Dunham and Sharon Anderson for their years of service as Port and Commerce Advisory Planning Commissioners and presented each of them with a plaque from the City of Seward. Lani Lockwood, Sister City Coordinator, introduced the Japanese students who were in Seward visiting from Obihiro, Japan. Makiko Hayashi, Yu'uko Nagamori, Michiyo Oura, and Harumi Takiguchi introduced themselves and gave short presentations about themselves, their hometown, family members, hobbies and interests. Borough Assembly Report. Assembly Member Pat O'Brien gave an assembly report. O'Brien stated that the Kenai Peninsula Borough budget process has concluded and there were no new tax increases in the budget. O'Brien stated that he recently came back from a National Association of Counties (NACO) meeting, and thought the trip was very worthwhile. A topic of discussion, which is an area of City of Seward, Alaska. City Council Minutes July 26, 1999 Volume 35, Page 33 interest for O'Brien, upgrading technology in the school system, was discussed with opportunities to meet many other elected officials. King thanked O'Brien for holding the line on not implementing new taxes. In response, O'Brien stated that he expects a mil rate reduction next year, and he anticipated that in the following year there will be another decrease in taxes because there will be a large reduction in Kenai Peninsula Borough school debt as prior bonds are paid off. City Manager's Report. Janke stated that a draft of the American with Disabilities Act transition plan will go to the planning and zoning commission in October. Janke said that this transition plan should have been done seven years ago, and although he does not know why the work was not done then, he is now directing the administration to work on this project. Janke said that the finance department is developing a budget schedule and will get a copy to the council as soon as a calendar is developed. In response to a question from Gage, Janke said the boardwalk construction project, putting in water and sewer in the harbor, is closed and a resolution allocating costs will come to the council at a future meeting. Also in response to a question from Gage, Janke said that the land in the harbor that is up for lease belongs to the railroad. Janke said that he was not successful in getting the railroad to allow the city to access this land. Gage suggested the City try to negotiate using water fees that are owed to the City as a negotiating tool in an attempt to get access to the railroad property in the harbor area. Janke ended his report with a discussion regarding property owned by the State of Alaska, Department of Natural Resources, known as the Fourth of July beach area. Janke said that he would look at the possibility of acquiring this property from the State if told by council members that they would be interested in the idea. City Attorney's Report. None. Other Reports, Announcements and Presentations. Introduction by Chamber President Stu Clark of new Chamber of Commerce Executive Director, David Paperman. Paperman stated he recently came from Hoonah, Alaska, were he was the Parks and Recreation Director. He stated that he has been to Seward previously and he has lived in Alaska since 1990 -1991, and was looking forward to meeting council members, working with the community to diversify the economy and helping to improve the quality of life for everyone. Clark stated that the Chamber is again looking for volunteers for Seward Silver Salmon Derby, and he also encouraged everyone to listen to Senator John Torgerson when he speaks at the Chamber of Commerce luncheon on August 27 to discuss September 14 advisory vote concerning the State of Alaska's balanced budget proposal and use of the permanent fund. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. City of Seward, Alaska . City Council Minutes July 26, 1999 Volume 35, Page 34 Ron Wille, Box 487, Seward, stated that approximately 18 months ago he started the process to get approval for electricity to the Marathon II Subdivision. Wille stated that although he understands there is now an estimate that the project could be as high as $100,000 he hopes that the actual cost is closer to the original estimate of about $64,000. John Paul Clifton, Sr., Marathon II, said that there is no real reason for the city to have an easement across his land, it is only ten foot wide, and he would like to get the easement back from the city if the city does not intend to use the land for an electric line. John Paul Clifton, Jr., Box 2653, also stated that he would prefer not to have the spruce trees that are on the easement cut. John Shank, Box 1365, spoke in favor of the Marathon II electric utility easement. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Orr /King) Approve the Agenda and Consent Agenda. The Clerk read the following approved consent agenda items: Resolution 99 -100, authorizing the city manager to approve a purchase order in the amount of $14,400 to Follett Software Company for the purchase of software, supplies and technical services for the Seward Library to complete the automation of the library's collection Motion passed. Unanimous. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 99 -10, amending the Seward City Code, section 15.10.140, definitions; 15.10.315(E), nonconforming lots and lot groups; 15.10.220, development requirements 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 be heard and the public hearing was closed. Motion (Shafer /King) Adopt Ordinance 99 -10 Janke stated that adoption of this ordinance will allow development on additional lots that were platted prior to 1978 and are 3,000 square feet or larger. Motion passed. Unanimous. City of Seward, Alaska . City Council Minutes July 26, 1999 Volume 35, Page 35 t t LJ Ordinance 99 -11, amending Title 9, Health and Safety, Chapter 9.05, Animals and Fowl, regarding trapping. 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 be heard and the public hearing was closed. Motion (Gage /Orr) Adopt Ordinance 99 -11 Janke stated that this ordinance was originally brought forward at the recommendation of the planning commission, and will disallow trapping within the city limits. Janke reminded the council that there was a full discussion on this issue at the last council meeting. Motion passed. UNFINISHED BUSINESS Unanimous. Resolution 99 -082, determining to proceed with the special improvement district called the Forest Acres Improvement District Janke stated this proposal was initiated by the landowners of the area, and the original request was for electrical, water, sewer, and roads. The city engineer has determined that there is not enough water pressure to adequately serve the area so he is recommending that the service area not include water. In response to a question from Orr, Calvert stated that implementation of sewer would cost about $65,000 for this area. King stated that if the city allows individual owners to put in septic systems there can be a problem getting state approved septic systems due to a lack of spacing between wells and a septic systems. In response to a question from Callahan, Janke said that the property owners are aware that the city cannot do water installation and he is under the impression that the four property owners all wish to proceed with the improvement district. Motion passed. Unanimous. NEW BUSINESS Introduction of Ordinance Ordinance 99 -12, amending Seward City Code, Title 5, Revenue and Finance, to provide for a real property tax exemption for exterior aesthetic enhancements. City of Seward, Alaska. City Council Minutes July 26, 1999 Volume 35, Page 36 Motion (King/Shafer) Introduce Ordinance 99 -12, and set for a public hearing at the August 9 City Council meeting Janke said that this is a program that the city administration is proposing as an incentive to encourage property owners to improve their property. In response to a question from Callahan, Janke said the Kenai Peninsula Borough will do the tax assessments and the city will contact the Kenai Peninsula Borough to make them aware of this ordinance. Janke stated that if this ordinance passes in Seward, he will work with the Kenai Peninsula Borough to propose a similar ordinance. Orr said this is a step in the right direction, although it is only a small step. In response to a question from Gage, Janke said that he will do his best to publicize this code. Janke said he would try to get an article in the local paper and will create forms that the building department will make available to let the public be aware of the code change. Callahan spoke against introduction, stating that if the property owner can afford to upgrade the property they can afford to pay the tax on it. Motion passed. Yes: Blathcford, Gage, King, Orr, Shafer No: Callahan Absent: Satin Resolutions Resolution 99 -101, authorizing the City Manager to accept a $34,564 grant from the State of Alaska for new, and repairing old, curb cuts that are compliant with the American with Disabilities Act (ADA), and building and repairing sidewalk cuts for handicap parking, and installing ADA compliant sidewalks and providing matching funds in the amount of $6,389 from the Capital Acquisition fund Motion (Orr /Callahan) Approve Resolution 99 -101. In response to a question from Gage, Janke said that the city is listening to the suggestions regarding ADA repair work from Jim Brady of the Kenai Peninsula Independent Living Center. Also, Janke stated that the building department has contacted the owner of Hotel Edgewater to fix their curbs to and bring them up to appropriate standards. Motion passed. Unanimous. Resolution 99 -102, accepting a fiscal year 2000 Municipal Capital Matching Grant for a Fire Department fire hose replacement, and appropriating $47,393 to the Fire Department Fire Hose Replacement Capital Project Fund, of which $40,000 is appropriated from the State of Alaska Grant Revenues, and $7,393 from the General Fund fund balance Motion (Shafer /Orr) Approve Resolution 99 -102 City of Seward, Alaska . City Council Minutes July 26, 1999 Volume 35, Page 37 t IJ 1 Janke noted that this resolution is under the same grant program as the above resolution. The council did not budget the local match, and the administration is asking the council to appropriate the local match at this time. In response to a question from Callahan, Janke said that although the grant was anticipated, it was not formerly awarded until just recently. Motion passed. Unanimous. Resolution 99 -103, determining it be in the public interest to proceed with the special improvement district called the Marathon II Electrical Improvement District Motion (Gage /Shafer) Approve Resolution 99 -103 In response to a question from Shafer, Calvert addressed the easement concerns which the Clifton's expressed. Calvert said that the Cliftons do not wish to have their trees cut and the city wishes to maintain the easement in the event their is a need to bring power through the Clifton's property. Motion passed. Unanimous. Resolution 99 -104, authorizing the City Manager to enter into a contract with Kodiak Lumber, Ltd., dba Afognak Logging, an Alaska Corporation, to supply rip -rap for a project at Point Mackenzie Motion (Orr /Shafer) Approve Resolution 99 -104 Janke stated this resolution authorizes up to 75,000 yards of rip -rap to be removed from the city's rock quarry in order to allow a local contractor to submit a bid for a project the contractor wishes to compete for. In response to a question from Gage, Janke stated that he spoke with Ron Long today and learned that there is a considerable amount of rock available and the city should not be concerned about a shortage of rock for the city's needs. There appears to be an adequate supply of rock for the city's needs. Al Schafer, Afognak Logging, 2.5 mile Nash Road, stated he had two prior rock contracts with the city, one at .50 /ton and the other at $1 /ton. Schafer stated that this is a good price for the city, in addition, removal of this rock will give employment to about ten people for a full year. In response to a question from Orr, Schafer stated he would be unable to have a postpone- ment for a two week period because he would miss the bid deadline. The Clerk noted that the attorney had proposed an amendment to the resolution that would put the findings from the one of the "whereas" clauses into a "section" portion of the resolution. Motion Amend resolution by replacing it with the substitute resolution City of Seward, Alaska. City Council Minutes July 26, 1999 Volume 35, Page 38 Motion passed Yes: Blatchford, Callahan, King, Orr, Shafer No: Gage Absent: Satin Motion passed. Yes: Blatchford, Callahan, King, Orr, Shafer No: Gage Absent: Satin COUNCIL COMMENTS Shafer. None. Callahan spoke about the baseball field at the high school, stating that the fields stay busy and their is a need for more playing fields. Callahan said that he is interested in hearing about the options for developing Boulder Stadium. Gage stated she is enjoying reading positive articles about the Alaska SeaLife Center in the Anchorage Daily News. Orr stated he applauded the administration's approach of looking into going after grant money to build infrastructure in the Forest Acres area. Orr stated that spending the money will help with city growth and getting the grants will save the city money. In addition, referring to a letter from Janke, Orr congratulated the harbor employees for the fine work they did on building the harbor boardwalk. Blatchford and King thanked Willard Dunham and Sharon Anderson for their years of service on the Port and Commerce Advisory Board. CITIZENS' COMMENTS Stu Clark, 1129 Cliffview, stated that he supported the comments which came up at an earlier work session concerning Forest Acres Improvement District and the need for additional planning. Clark also thanked Willard Dunham and Sharon Anderson for their many years of service to the community. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 9:10 p.m. City Council Min 39 Volume 35' page City of S war Alaska July 26, Patrick Reilly City Clerk •unur.� y �Sl� o SEW4, a• ♦� �k G t s ., • I w •'' d . ti L v L ell R_ Satin Mayor City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 40 CALL TO ORDER The August 9, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. 1$ 9 �1►11►[ X1:7 �)u [O►ft•1 Acting Police Chief, Lt. Mike Chapman, led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Vanta Shafer Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Cheryl Brooking, City Attorney Patrick Reilly, City Clerk ABSENT Jerry King, excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Satin noted the City of Seward received gifts from our sister city in Kushiro, Japan. A letter from Kushiro's Mayor Kensuke Watanuki said the gifts are for the winner of the Mt. Marathon race and for the Silver Salmon Derby. Mayor Kushiro's letter thanked the City of Seward for supplying the Mayor of Seward Trophy which will be presented to the winner of Kushiro's Annual Yacht Race. Borough Assembly Report. None. City Manager's Report. Janke noted Representative Don Young will be in Seward August 13 and 14. Staffers with Senator Steven's appropriations staff will be in Seward on August 19, and Janke hoped to arrange a lunch with council members so there is an opportunity to discuss federal projects that are getting funding in the Seward area. Janke distributed a budget calendar for the council to review. City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 41 Janke stated the Water Resources Development Act bill made it through congress and the President should sign it prior to the end of September. The bill includes authorization of $12,500,000 for the East Harbor expansion project. In addition, there appears to be money in this congress for Lowell Creek repairs. Janke said he anticipates travel to D.C. on Sept. 22 -23 to meet with the City of Seward lobbyists to assist with seeing these appropriations are enacted. In response to a question from Callahan, the city manager and city clerk stated that candidates will be notified by letter of upcoming financial budget work sessions. In response to a question from Shafer, Janke said that he has not heard anything from Frank Irick since the council gave Irick an extension on his agreement for the purchase of the Jesse Lee Property. In response to a question from Gage, Janke said he was contacted by a Palmer company that might be interested in using rock in the Seward quarry. As an additional response to Gage's question, Brooking said that due to safety factors only one operator is allowed to use the quarry at any given time. In response to a question from Satin, Janke said that a just completed leak detection report revealed there is very little leakage in the City of Seward's water system. Janke said that even though few leaks were detected, the money (grant funds) for this study was still well spent. The report indicated that our water system is in better shape than the city expected. City Attorney's Report. Brooking gave a report of legal work performed during the prior month. This work included providing Y2K disclosure and recent federal legislation on this matter, provided assistance with employment and personnel matters, review of a trapping ordinance, property tax matters, preparation of amendment to harbor leases and proposed licenses (one ofwhich has been entered into) and firm continues to monitor litigation activity with the Alaska SeaLife Center. Other Reports, Announcements and Presentations. Harbormaster Jim Beckham, East Harbor Expansion Project Update. Beckham stated there was a meeting on July 26 and 27 between principal Small Boat Harbor user groups and an engineering firm to discuss East Harbor Expansion issues. The engineers received input that will be kept in mind during the design and construction phase of this development. In response to question from Orr, Beckham said that the city is diligently looking for grants, and other funding sources, to raise the 9 million dollars the City may be asked to contribute. Janke added the city will probably need to issue a 3.5 million dollar revenue bond to fund its share of this project. In response to a question from Blatchford, Beckham said there is still no plan to expand the Whittier Harbor at this time. But in the event Whittier does find a way to expand its Harbor, Beckham said Seward has the advantage of an established infrastructure to support boat harbor services. Parks and Recreation Director Karin Sturdy, Salmon Derby Update. Sturdy stated her that campground staff is well trained, and they expect the City Parks, Campgrounds, and Parking City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 42 lots to be full on both salmon derby weekends. Parking staff will be busy directing traffic during the derby, and they will work closely with the police department. In response to a question from Gage, Sturdy said there is an inability to patrol all portions of Seward, and this includes downtown areas, due to a small parking staff. Stu Clark, Chamber of Commerce President, reminded everyone that the Salmon Derby is for the community as much as it is for the visitors and invited the community to participate and take home some prizes. David Paperman, Executive Director of the Seward Chamber of Commerce, explained how the Chamber will spend the $70,000 that was contributed to the Chamber of Commerce. Paperman said the Chamber is now able to change a formerly seasonal position into a year -round full time job which will involve visitor information services coordination, spend more of its scarce resources to strengthen its marketing of Seward as a Port to increase year round employment and, to purchase a greater number of high quality advertising to do a better job of attracting visitors and businesses to the Seward area. Blatchford commented that the Chamber of Commerce should spend more time educating the public to the fact that the chamber does more than just work at developing tourism. Blatchford suggested the Chamber inform the public that they also spend time developing year -round positions and working on expanding our small boat harbor and marine industrial port. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Blatchford /Shafer) Approve the Agenda and Consent Agenda. Gage requested the removal of Resolution 99 -111 from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -107, approving amendment 10, reducing compensation from $5,000 per month to $4,166.66 for the Julyl through December 31, 1999, six month budget for state lobbying services with the Kent Dawson Company. Resolution 99 -109, authorizing the City manager to approve a change order in the amount of $2,191.50 to Resurrection Rentals for port-a -potty rentals. City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 43 PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 99 -12, amending Seward City Code, Title 5, Revenue and Finance, to provide for a real property tax exemption for exterior aesthetic enhancements. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliffview, identified himself as a former member of the Planning and Zoning Commission and said he heartedly endorsed this ordinance and felt that it would improve the community. No one else appeared to be heard and the public hearing was closed. Motion (Orr /Gage) Adopt Ordinance 99 -12 Janke said that this ordinance has been written as an incentive for property owners to make aesthetic improvements to properties. Janke said the ordinance will apply to both business and non- , business property. Satin commented that this ordinance will encourage a better looking city. Motion passed Yes: Blatchford, Gage, Orr, Satin, Shafer No: Callahan Absent: King Resolution 99 -105, authorizing the City Manager to enter into a two -year, no cost, license agreement with the Phoenix Resurrection Foundation, an Alaskan 501(c)(3) non - profit organization, to license a parcel of land located along the beach front immediately south of the Small Boat Harbor breakwater, an area approximately 17,500 square feet in size, more or less, in order to construct a full -scale replica of the SN Phoenix and the facilities necessary to do SO. Motion (Orr /Shafer) Approve Resolution 99 -105 Schrock gave an administrative overview, outlining the essential terms and conditions of the license agreement. Schrock said the city purposefully used a license agreement, rather than a lease agreement, because there is no intent to lease the property long term. But because it is the intent to allow the Phoenix Foundation to use the property for 3 -5 years, the administration used the real property notice procedures to allow the public plenty of notice. Schrock noted that the license is revocable at will, with 90 days notice. It is understood between the parties that if the East Harbor Expansion begins it will be necessary for the Phoenix Foundation to leave. City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 44 In response to a question from Gage, Schrock said that this resolution did not go before the Planning and Zoning Commission because the council did not direct the administration to do so. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliffview, said the Chamber of Commerce is lending its support to the license agreement between the City and the Phoenix Foundation. Ron Long, Camelot, complimented the city administration forthe assistance with this project and stated the Phoenix Foundation was looking forward to a good working relationship with the city. No one else appeared to be heard and the public hearing was closed. Callahan said it is his hope the Phoenix Foundation does not turn the area into a t -shirt sales shop and hoped the project does not inhibit fishing opportunities. Shafer and Blatchford both spoke favorably in support of the project. Satin encouraged inviting Russians to participate in the project since Russians were involved in the early days of our community. Motion passed. Yes: Blatchford, Callahan, Orr, Satin, Shafer No: Gage Absent: King Resolution 99 -106, authorizing the City Manager to accept reconveyance of ownership of the fee and easement interest previously conveyed by the City of Seward to the United States of America for purposes of reconstructing the Seward Small Boat Harbor following the 1964 earthquake. Motion (Shafer /Satin) Approve Resolution 99 -106 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 be heard and the public hearing was closed. Janke stated this resolution accepts land that the City already assumed was owned by the City of Seward. Brooking noted the land was only to have been temporarily transferred to the Federal Government during the reconstruction of the Harbor after the 1964 Earthquake, but it was never transferred back. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 45 UNFINISHED BUSINESS. None. NEW BUSINESS Resolutions. Resolution 99 -108, authorizing an appropriation from the General Fund account, designated for Hospital Sales Tax, to the Hospital Construction Fund Account in the amount of $28, 310.15. Motion (Orr /Callahan) Janke said there were both unanticipated revenues and cost overruns for the hospital project. t t Motion passed. Approve Resolution 99 -108 Unanimous. Resolution 99 -110, determining it to be in the public interest to proceed with the Forest Acres Improvement District and authorizing an amount not to exceed to $122,993 to be funded from the General Fund, the Water /Sewer Enterprise Fund and the Electric Enterprise Fund. Janke reminded the council this work was authorized at the last meeting and this resolution is a housekeeping resolution to appropriate the funding. Gifford said that the council has traditionally charged an interest rate at the prime rate, plus an additional two percentage points. Motion (Orr /Blatchford) Approve Resolution 99 -110 Motion passed. Unanimous. Resolution 99 -111, accepting an amendment to the American with Disabilities Act (ADA) Campsite Improvements and Installation of Utility Sites to Waterfront Park Grant by adding the construction of a sewage dump station, and removing additional utility sites, as a purpose of the grant. Motion (Gage /Shafer) Approve Resolution 99 -111 Janke noted that at a council meeting last summer, the council indicated it did not wish to have additional utility sites built in the campground. Callahan said there is no breakdown showing how much of the grant is being used for ADA improvements and how much is being used to construct a new sewage dump station. In response to Callahan's comments, Janke said the State is practically always willing to change the purpose of these small dollar grants. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 46 Resolution 99 -112, authorizing the City Manager to purchase playground equipment from Division 10 Products, Inc. for Gateway Park, located on Dora Way, and for the Ballaine Playground in the amount of $34,662. Motion (Shafer /Callahan) Approve Resolution 99 -112 Janke said it is his hope to see improvements to the Gateway Park this fall. Sturdy described the various playground items which will be placed in the parks. Responding to a question from Gage, Janke stated the equipment being purchased will mostly be ADA compliant. Janke also said there can be difficulty getting all the parks developed at once because there is not enough city resources. Shafer commented the Third Avenue playground appears to be extensively used and she hopes this area will soon get attention. Orr stated the Third Avenue playground needed low cost maintenance work and thought it could be accomplished without a lot of money. Motion passed. Other New Business Items Unanimous. Suggested uses for the 1988 Chugach Electric Association $70,838 Capital Credit to the City of Seward (placed on the agenda at the request of Council Member Shafer). Shafer explained there were several good suggestions about what to do with these capital credits when the issue was previously discussed. Shafer stated the council repeatedly is told there is little money for maintenance projects, including lack of money for road improvements and lack of money for a new fire department roof and Shafer hoped this money could be put into a fund for capital acquisition to provide money for some of these projects. Gage suggested the capital credit money should be used for items such as a tot lot, because taxes are used for other maintenance projects, such as the items mentioned by Shafer. Janke suggested the administration write an ordinance which would allow windfall monies only to be used for large projects and take a super- majority of the council to use. Callahan said he like Janke's idea, but he was uncomfortable locking in future councils to how the capital credit monies need to be used. Janke hoped this fund of windfall monies would be viewed as the community's savings account. Orr thought Janke had a good idea and stated he would like to see the details of the project. Satin said he would like to see a draft ordinance that highlights the City Manager's proposal. Dinner between City Council Members and Senator Steven's Appropriation's Staff. Janke said he would like to rent a van to show members of the appropriations staff the Seward Community, and to buy a lunch for the council members and the appropriations staff. Janke City of Seward, Alaska City Council Minutes August 9, 1999 Volume 35, Page 47 said he would like authorization to spend up to $1,000, and felt this amount is a nominal amount considering the caliber of the staff members who will be present. Motion Authorizing the City Manager to spend up to 1,000 (August 18 -19). Motion passed. COUNCIL COMMENTS Unanimous. In response to a question from Orr, Janke said both the Anchor and Flag Pole will be replaced in the Small Boat Harbor Plaza next spring. Gage said that there is a prison in Arizona that holds more of Alaska's inmate population than any prison in Alaska. Shafer thanked Schrock for his work in disaster preparation, particularly his recent work reviewing tsunami and earthquake preparation. Callahan. None. ' Gage also thanked volunteers fixing the Woodlawn Cemetery, and Shafer added that the local Rotary planned to also spend some time volunteering on this project. Blatchford. None. Satin reminded the council the three council seats and the Mayor's seat is up for re- election and declaration of candidacy's are due in at noon on Monday, August 16. CITIZENS' COMMENTS. None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. None. ADJOURNMENT The meeting was adjourned at about 10:20 p.m. L��Jt Patrick Reilly �4OF 3 Lowell R. Satin City Clerk ��� ,��1 •,, ••••., �4 �.,, Mayor •��� (City Seal r �_ S L 4 t'w ; • r , • r r %, �•. �G 1 ,9 1ti:� * �. +��9tTlie OF City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 48 CALL TO ORDER The August 23,1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Acting Police Chief, Lt. Mike Chapman led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT Vanta Shafer, excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Parks and Recreation Director Karin Sturdy was sworn in by Satin as president of the Alaska Recreation and Parks Association. In addition to giving praise to Sturdy for attaining the respect and recognition from her peers, Satin complimented Director of Finance and Administrative Services Director Gifford for being immediate past president of the Alaska municipal financial officer's association and City Manager Janke on becoming president of Alaska city manager's association. Borough Assembly Report. None. City Manager's Report. A contract with Summit Paving to perform construction and repairing curb cuts has been entered into and work will commence toward the end `of the week. Janke also noted there is an additional $34,000 to be appropriated for sidewalk work and he anticipated having a special meeting to decide how this money Should be spent thi's year. City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 49 Janke reviewed the progress on some of the strategic plan goals that have been met, including: the signing of a contract with Chugach Electric Association that reduced electric rates and noted the ongoing rate study to consider how best to pass these rate savings on to consumers; adopting ofthe Seward Highway Corridor Partnership Plan; approving an ordinance allowing greater ease in developing on three thousand square foot lots and one page informational handout which are being developed so there will be a single point of contact to answer development questions; a master plan for utility extension and grant acquisition search to fund this development is being developed; some mitigation of flood hazzards has been accomplished with the removal of 150, 000 cubic yards of material from the lower portion of Resurrection River and the city is in the process of acquiring a million dollar grant to improve Lowell Creek Tunnel; the city is now part of Project Impact, a federal program to prepare for and minimize damage from natural disasters; completed Phase One to beautify Waterfront Park; purchased land and equipment for a park in the Gateway Subdivision and park equipment for the other city parks; passed an ordinance giving tax relief for improving the aesthetics of buildings; and this last May the city finance department completed a fiscal health analysis of the city. In response to a question from Gage, Janke stated that if the Lowell Point area had a fire, the city would respond. Janke stated Lowell Point residents were working with the Kenai Peninsula Borough in an effort to create a fire service area. In response to a question from King, Janke stated the new owners of the Old Solly Building have been sent a letter and put on notice to fix the sidewalks that go around the building. Janke thanked all the volunteers that came together to assist the Shafer family in their search for Stuart Shafer at Bear Lake. City Attorney's Report. None. Other Reports, Announcements and Presentations. Amy Buckler, Americorp VISTA Identified herself as the Americorp Volunteer and reminded the audience she spoke to the council earlier this year. Buckler stated she is in need of volunteer reading tutors and book donations for their "build your own home library" program. Buckler also noted that once a month, on Sunday nights, she is doing a story night at the AVTEC lounge. Qutekcak Shellfish Hatchery Progress Report. Schrock stated the hatchery report would be rescheduled for another meeting.. Satin read a list of names of those who assisted with the search and rescue and eventual recovery of Stuart Shafer. Some of those recognized included: Council members, adminstration members,Trooper Brandon Anderson, Incident Commander Dave Hayes, Fire Chief Dave Squires, United States Marine Dive Team, Providence Hospital Staff, and William Watts & Company [verify company name] for providing the sonar equipment. City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 50 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King /Gage) Approve the Agenda and Consent Agenda. Satin requested Resolution 99 -118 be placed first on the agenda in order to allow Bill Nelson to drive back to the central peninsula at a reasonable hour. Satin also requested Resolutions 99 -114 and 99 -115 be removed from consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -116, establishing a "cafeteria plan" within the meaning of Section 125 of the Internal Revenue Code, as amended from time to time, to provide certain benefits to the employees of the City of Seward. Resolution 99 -119, incorporating the Seward Highway Corridor Partnership Plan as part of the Seward Strategic Plan. The July 12, July 26 and August 9 meeting minutes were approved. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -118, authorizing the city manager to enter into a contract with Wm. J. Nelson & Associates to perform engineering and design work for the North Forest Acres Access Road and Japanese Creek Levee Extension at a cost to be negotiated, which will not exceed $190,000, with financing from the Natural Resources Conservation Service (NRCS) flood mitigation project account. Motion (Orr /King) Approve Resolution 99 -118 City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 51 Janke began the overview by stating the project is funded with a $500,000 federal grant. Schrock continued the administrative overview, reminding the council that the project before the council is one project of a multi - project plan developed to mitigate flood damage. The first project, which was completed this summer, was the removal of sediment that was below the three bridges at Resurrection River. The second project is the Japanese Creek levee extension, which will continue the current levee to Dimond Blvd. The third project, the North Forest Acres Road/Levee, which will begin where the Japanese Creek levee meets on Dimond Blvd. and continue to the Seward Highway. Schrock stated there should be an additional $750,000 in federal funding available next year for construction. William Nelson, of Wm J. Nelson and Associates, told the council that he was born in Seward and was excited to come back home to work on this project. Nelson stated he was available to answer any questions the council might have. In response to a question from Callahan, Janke stated the engineering firm will do the paperwork required to get any required permits, such as an environmental assessment permit, if needed. Motion passed. Unanimous. Resolution 99 -113, authorizing the city manager to enter into negotiations for a lease agreement with Dan Lowry for a portion of Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, for the purpose of operating a marine repair business. Motion (King /Orr) Approve Resolution 99 -113 Janke noted Lowry submitted a proposal to the city to lease a portion of a lot located in the Seward Marine Industrial Center. In response to a question from Gage, Janke stated this parcel will come back before the council at a future meeting and there will be more specific lease terms then. King stated he was happy to see more business developing in this area and hoped the lease of this area will create more business for the 250 ton syncrolift. Orr stated he was happy to see that as part of the lease there will be a requirement to have insurance protecting the city against environmental damage to the property. Motion passed. Unanimous. Resolution 99 -114, transferring the Alaska Municipal League Joint Insurance Association (AML /JIA) dividend and credits totaling $156,477 to the General Fund fund balance designated for insurance reserves. Motion (Satin /Gage) Approve Resolution 99 -114 Satin stated he pulled the resolution from the consent agenda to allow the public to hear an administrative overview in order to get educated on this topic. City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 52 Director of Finance and Administrative Services Gifford stated the AML /JIA is an experienced -based pooling program which analyzes loss history each year and then applies the appropriate charge or credit to each participant's account, based on their actual experience in the pool. In this case the city received dividends and credits totaling $156,477. With an addition of $156,477 to the General Fund fund balance designated for insurance reserves, the fund balance will be $328,578. Once the balance reaches $500,000, the council may wish to consider higher insurance deductibles, thereby reducing the overall insurance contributions paid to the insurance AML /JIA insurance pool. Motion passed. Unanimous. Resolution 99 -115, appropriating $42,368 of State of Alaska Revenue Sharing monies for the health facilities within the City of Seward, and authorizing the payment to those health facilities based upon the state revenue sharing allocation. Motion (Gage /King) Approve Resolution 99 -115 Janke noted the state revenue sharing numbers in these programs were decreasing. Gifford stated he included an informational memo in the packet outlining the State Revenue Sharing and Safe Communities Program. In response to a question from Gage, Gifford stated ambulance services are not considered a health care facility that the state provides money for. And, Gifford added, in order to give the ambulance corps money there would be a need to reduce the allocation to the entities that have historically received this funding from the city. Motion passed. Resolution 99 -117, authorizing the city manager to increase the funding by $5,732 for the installation of a new emergency generator for the city hall and the fire department buildings, from $40,000 to $45,732, appropriating $5,732 from the General Fund fund balance, and transferring the $5,732 appropriation to the Capital Acquisition Fund equipment account. Motion (Orr /King) Approve Resolution 99 -117 Janke noted the installation of the emergency back -up generator went over budget. Janke reminded the council that the Kenai Peninsula Borough assisted with a $20,000 borough grant for this project. In response to a question from Gage, Janke stated the emergency generation system for the city hall building, including the police dispatch center, is operational. Motion passed. Unanimous. Resolution 99 -120, authorizing the city manager to pay $70,000 to the Seward Chamber of Commerce as a contribution toward Visitor Information Services. City of Seward, Alaska Citv Council Minutes August 23, 1999 Volume 35, Page 53 Motion (Orr /King) Approve Resolution 99 -120 Janke noted the contribution of $70,000 to the Chamber of Commerce is considered an annual amount and it is about half of the current bed tax receipts. Callahan stated the money should be a straight contribution, with no strings attached. Callahan said stating the contribution is for "visitor information services" is too vague unless the council plans to do an audit of the chamber's finances. Orr stated the council should include the chamber in the city's budget process each year, and should invite them to present a report during the budget work sessions. Motion passed. No: Callahan Absent: Shafer Yes: Blatchford, Gage, King, Orr, Satin COUNCIL COMMENTS' Orr. None. In response to a question from Gage, Janke stated that technically the city needs to charge Lowell Point residents if there was a fire but the fire department would respond to a fire in that area even if no payment is sought or received. Gage expressed her sympathy to the Shafer family. Callahan reminded everyone there is an election coming up and the council just gave $70,000 away to private industry while the public ballparks still need funding. King also stated his thoughts and prayers are going out to the Shafer family. King thanked all the volunteers and stated he is looking forward to Shafer's return to future council meetings. Blatchford wished all the kids, teachers and administrators a good school year. Satin noted that with school starting tomorrow, folks should be watchful of kids and to be careful around school buses. And Satin also urged all to contain their garbage so as not be to attract bears. CITIZENS' COMMENTS None. t COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 8:50 p.m. City of Seward, Alaska City Council Minutes August 23, 1999 Volume 35, Page 54 Patrick Reilly City Clerk OSSa1111111 � ��f♦� O SF �o °�i (Cit .. ........ +.q� r� ••OPPORgj•. O �i J 1 i •� SEA �• SO s y h Lowell R. Satin Mayor • �r •, O City of Seward, Alaska City Council Minutes August 30, 1999 Volume 35, Page 55 CALL TO ORDER The August 30, 1999, special meeting of the Seward City Council was called to order at 6:05 p.m. by Jerry King. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Jerry King, presiding Edgar Blatchford (arrived 6:10) Patrick Callahan Marie Gage Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT were: Lowell R. Satin, escused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING Stu Clark, 1129 Cliffview, stated he found the absence of maps in the packet disturbing because there was no way to tell the width of the sidewalks, or to identify what would be done about parking. Speaking as president of the Chamber of Commerce, Clark stated he understood the City had negotiated an agreement with the Chamber to allow the railroad car to stay where it is currently located. Clark described how the Chamber would like the sidewalk to be located in so as to allow Chamber visitors to park on Jefferson Street. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Shafer /Callahan) Approve the Special Meeting Agenda. Motion Passed. Unanimous. NEW BUSINESS City of Seward, Alaska City Council Minutes August 30, 1999 Volume 35, Page 5 Resolution 99 -121, authorizing an increase in the contract with Summit Paving and Construction Company from $40,891.51 to $90,000 to cover the cost of installing ADA sidewalks on Fifth Avenue and Jefferson Street. MOTION (Gage /Blatchford) Approve Resolution 99 -121 Janke said that after the council approved a contract with Summit Paving to do curb cuts, the City of Seward received a State of Alaska grant for sidewalk work, and it was prudent to allow Summit Paving to do this work while the company was still in town. Janke said the trees on Fifth Avenue will not be removed, and the trees were more valuable to the community where they are then if they were removed. Janke stated the sidewalk will be narrower than originally planned in order to accommodate saving the trees. In response to a question from Gage, Janke stated the owners of the Apollo and Old Solly's buildings were informed they need to repair the sidewalks in front of their property. Callahan spoke in favor of putting in sidewalks that go east -west in order to connect Third and Fourth Avenues. Janke stated that another street the administration considered installing a sidewalk on was Madison Street, in the vicinity of the post office. In response to a question from Shafer, Janke said there is not enough funding to put in a sidewalk along Jefferson from Third Avenue to the hospital. Motion (Gage /Callahan) Delete the Jefferson sidewalk portion of the project, and with the savings remove sidewalk bricks from the sidewalks in the downtown area. King spoke against the amendment, stating there was a constituency that supported putting in the sidewalk bricks and this advocacy group should have an opportunity to voice their opinion on this topic. Gage stated she spoke with downtown merchants who would prefer to have the bricks removed. Motion fails. MOTION (Callahan /Gage) Amendment passed. Main Motion passed. Yes: Gage No: Blatchford, Callahan, King, Orr, Shafer Absent: Satin Install a sidewalk on the South side of Madison Street, from Fourth to Fifth Avenue, instead of the Jefferson Street sidewalk section. Unanimous. Unanimous. COUNCIL COMMENTS I' City of Seward, Alaska City Council Minutes August 30, 1999 Volume 35, Page 57 Shafer thanked everyone that came out to help find her son. Shafer stated she really appreciated the community support. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 6:50 p.m. 1 t Patrick Reilly City Clerk rrr►uarr (City Sea]) �,,........ �o • V� �` % • � • 4n �� i r r i � � • • r S • � r w • m 0 •: �� j A o OOF ' 1 �Q' Zg s � +arun►rra owell R. Satin Mayor City of Seward, Alaska City Council Minutes September 13, 1999 Volume 35, Page 58 CALL TO ORDER The September 13, 1999, special meeting of the Seward City Council was called to order at 5:55 p.m. by Council Member Jerry King. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Jerry King, presiding, and Patrick Callahan Vanta Shafer Marie Gage comprising a quorum of the Council; and Patrick Reilly, City Clerk Brad Meyen, City Attorney ABSENT: Edgar Blatchford - excused Nathan Orr - excused Bob Satin - excused APPROVAL OF SPECIAL MEETING AGENDA MOTION (Shafer /Callahan) Motion Passed. MOTION (Callahan /Shafer) Approve the Special Meeting Agenda. Unanimous. To go into executive session first with the city clerk and then with the city attorney to evaluate their performance. Motion passed. Unanimous. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. City of Seward, Alaska City Council Minutes September 13, 1999 Volume 35, Page 59 t ADJOURNMENT The executive session ended and the meeting was adjourned at 7:15 p.m. i Patrick Reilly City Clerk (City Seal) Je King l Council Member City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 60 CALL TO ORDER The September 13, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice -Mayor Edgar Blatchford. OPENING CEREMONY Acting Chief, Lt. Mike Chapman led the pledge of allegiance to the flag. ROLL CALL There were present: Edgar Blatchford, presiding, and Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT Lowell "Bob" Satin - excused. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke updated the council on the significant progress that took place with the sidewalk construction work. Janke also noted surveyors are currently working in the Forest Acres area as part of the design team for the Japanese Levee/Forest Acres Road project. Janke informed the council that he, Assistant City Manager, the Fire Chief, the City Building Official, along with representatives of the Chamber of Commerce will attend a Project Impact meeting on September 14 in Kenai. Janke also stated that he would be in D.C. in an effort to pass federal legislation favorable to Seward. W City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 61 1 Janke responded to a question from Gage, stating that the tot lot equipment has been ordered and will be delivered early October. City Attorney's Report. Brad Meyen updated the council on legal work performed by the law firm during the past month. Other Reports, Announcements and Presentations. 1 1 Jon Agosti, 432 Second Ave, Manager of the Qutekcak Shellfish Hatchery, gave an update on the progress of the shellfish hatchery. Sharon Anderson, 107 Ravina, updated the council on the Alaska SeaLife Center. Anderson said the new executive director, Mark Lloyd, will arrive in Seward the end of September. Anderson expressed her sorrow for the loss of former Alaska SeaLife Center employee Maureen Simms, and one of the board of directors sons, Dan Lowell. Simms and Lowell were recently killed in an airplane crash near Quartz Creek. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Stu Clark, 1129 Park Place, requested a delay in any action of Resolution 99 -123 until public hearings are held. Clark stated that the proposed changes in the planning department are a significant change and the public should be encouraged to give their input on this proposed change. Clark noted most organizations separate planning from operations, and the proposed change seems to merge the two. Clark also commended Parks and Recreation Director Sturdy for the good job in developing a cooperative agreement between the City of Seward and the Alaska Vocational Technical Center proposed in Resolution 99 -125. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Shafer /Orr) Approve the Agenda and Consent Agenda. Janke requested deletion of Resolution 99 -131, authorizing the city manager to enter into a contract with Bill Wood and Associates, in an amount not -to- exceed $10,000, for a city employee work survey. Janke stated the administration would not have the time to work with the contractor until after the budget is adopted, so it was best to address a work survey at a later time. Without objection from the council, Resolution 99 -131 was deleted from the agenda. Callahan placed, without objection, the August 23 and 30 meeting minutes on the consent agenda. Shafer added two topics for discussion, one, license /use agreements, and two, sidewalks. 61 City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 62 Gage removed Resolution 99 -133 from the consent agenda. Without objection, the clerk removed Resolution 99 -126 from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -122, authorizing the city manager to issue a purchase order in the amount of $34,330 to Young's Firehouse for the replacement of fire hose, with funding from the Fire Department Fire Hose Replacement Capital Project Fund. Resolution 99 -127, approving the continuation of a four percent reduction in electric bills (before taxes) for all customer classes except Industrial Service, Street Lights, and Yard Lights from September 1 through December 31, 1999. Resolution 99 -130, supporting Kenai Peninsula Borough Ordinance 99 -49, providing for limited dog control in the areas of the borough outside of cities. Resolution 99 -134, approving the city manager's appointment of Michael Chapman as Chief of Police effective September 14, 1999. Approved August 23 and 30, 1999 city council meeting minutes. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -123, authorizing the city manager, effective January 1, 2000, to reclassify the Planning Assistant position from a Range 15 to a Range 17 and change the title to Planning and Zoning Technician; eliminate the Community Development Director position and create the Planning and Zoning Clerk position at a Range 9; and reclassify the Assistant City Manager position from a Range 23 -26, to a Range 24 -27, for a total savings of $33,561. Motion (Orr /Shafer) Approve Resolution 99 -123 W City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 63 t Meyen noted that it is necessary to amend the proposed resolution to make it clear the resolution is subject to any necessary code changes. Hearing no objection from the council, the following amendment was made to the resolution: Section 2 was amended to Section 3. A new section 2 was inserted to read "The reclassifications described herein are subject to later adoption of ordinance amendments, as may be necessary, to restructure the community development department under the city code. Janke noted that the retirement of Community and Planning Director Martin allows the opportunity for change within the department. Janke said the planning function, in many communities, often falls on the assistant city manager. The resolution, in conjunction with ordinance amendments, is in order to eliminate the department and to save money. Savings realized from this department change will allow the city to have available funds if it needs to hire consultants to work with the city on comprehensive plans. In response to a question from Gage, Janke stated that the plan is to hire a planning technician and a planning aide, but the management part of this former department will be delegated to the assistant city manager. Since there is little time to do long -term planning, Janke stated there is a need to focus on current planning and this departmental restructuring will accomplish this. Orr spoke in favor of this resolution, and spoke in favor of this reduction in the size of government. Orr stated that much of what the department does is process permits, and this can be done without a department head position. King spoke in favor of the resolution, stating the retirement of the current department head allows an opportunity that may not arise again for many years. Motion passed. Yes: Blatchford, Callahan, King, Orr, Shafer No: Gage Absent: Satin Resolution 99 -124, waiving the normal bid process per city code section 6.10.130, and authorizing the city manager to enter into lease agreements with Xerox for the purpose of leasing three copiers: a Xerox 5800 for the city hall basement copier; a Xerox DC322 for the city hall mail room; and a Xerox DC322 for the police department. Motion (Shafer /Callahan) Approve Resolution 99 -124 63 City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 64 Motion passed. Yes: Blatchford, Callahan, Gage, Orr, Shafer No: King Absent: Satin Resolution 99 -125, authorizing the city manager to enter into a use agreement with the Alaska Vocational Technical Center, accepting a grant, and appropriating funds in the amount of $50,800 to provide recreation programs to AVTEC students. Motion (Shafer /Orr) Approve Resolution 99 -125 Janke complimented Parks and Recreation Director Sturdy for the proposed changes. The resolution is proposing new services to the public, without costing the public additional money. The resolution is a way to support the Alaska Vocational Technical Center. In response to a question from Orr, Sturdy stated there are no new city costs associated with this new use agreement. Motion passed. Unanimous. Resolution 99 -126, accepting a grant in the amount of $5,600 from the Kenai Peninsula Borough for the Community Schools Program, and appropriating this same amount to the Community Schools Program. Parks and Recreation Director Sturdy stated this resolution was removed from the consent agenda in order to let the council see that there were some minor amendments to the resolution compared to what originally appeared in the council packet. Without objection, the council considered the financial adjustments clerical and technical in nature and incorporated them into the resolution. Motion (Gage /King) Approve Resolution 99 -126 Resolution 99 -128, approving the City of Seward's Calendar Year 2000 state legislative priorities. Motion (Orr /Shafer) Approve Resolution 99 -128 King spoke in favor of amending the legislative priority list to assist the Qutekcak Shellfish Hatchery. Amendment (King /Orr) Under Economic Development, add a new Section 4 to read G°Support Qutekcak Shell- fish Hatchery with a request for a $1.5 million grant from the Alaska Science and Technology Foundation." City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 65 t 1 1 Amendment passed. Unanimous. Resolution 99 -129, approving the City of Seward's Calendar Year 2000 federal legislative priorities. Motion (Shafer /King) Approve Resolution 99 -129 Janke stated he will be heading to Washington D.C. next week to work on the city's federal legislative priorities. At the request of Callahan, Janke verbally summarized the legislative priorities, emphasizing the newer city priorities that were not on last year's priority list. Amendment passed. Unanimous. Resolution 99 -132, authorizing the city manager into a contract with Strusser Electric Company to supply poles, fixtures, and arms for 24 luminaries to be installed in the Harbor Area for a total price not -to- exceed $69,792. Motion (Orr /King) Approve Resolution 99 -132 Callahan spoke against the resolution, stating there was not enough winter businesses open in the area to justify the additional city expense of paying for street lights along Fourth Avenue. In response, Janke stated there are a lot of new year -round businesses in the area, and in addition, it has been topic of interest for the harbor business owners. Motion passed. Yes: Blatchford, King, Orr, Shafer No: Callahan, Gage Absent: Satin Resolution 99 -133, authorizing the city manager to enter into a contract with Metco, Inc. to install water, sewer, and a road in a portion of Oak Street, between Ash and Hemlock Streets, at a cost not -to- exceed $120,333. Motion (King/Shafer) Approve Resolution 99 -133 Gage stated, and the vice -mayor and council concurred, that Gage had a conflict of interest and should abstain from voting on this resolution because her husband worked for Metco. Gage stated the number of hours her husband worked varied with how many contracts Metco has. Motion passed. Yes: Blatchford, Callahan, King, Orr, Shafer No: None Abstain: Gage Absent: Satin City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 66 Other New Business Items City of Seward appointments to the Ad -hoc Census 2000 Committee. The clerk noted an ad looking for volunteers to assist the City of Seward with the Census 2000 effort was placed in the Phoenix Log and two people, Jean Polowski, and Mayor Bob Satin, expressed an interest. Motion (Shafer /Gage) Motion passed. Motion (Gage /Shafer) Motion passed. Temporary license /use agreement. Appoint Jean Polowski to the Ad -hoc Census 2000 Committee. Unanimous. Appoint Bob Satin to the Ad -hoc Census 2000 Committee. Yes: Blatchford, Callahan, Gage, Orr, Shafer No: King Absent: Satin Shafer stated she was concerned that a portion of the Seward small boat harbor dock, in the vicinity of Seward Fisheries, was leased to a company to build an ice - house. Shafer's chief concern was not over the location, or the nature of the project, but over the lack of public input prior to allowing a private entity to use the public dock. Although she has been assured the process is legal, she would like more public process. Janke noted the code allows the administration to issue licenses without public input, and the licenses can be terminated with fourteen days notice. In response to a question from Gage, Harbormaster Beckham stated leases involve long -term real property, while license agreements involve the use of personal property. The council appointed Shafer to work with the clerk to look at this issue and to report back to the council. Sidewalks Shafer stated the Seward Health Alliance was concerned about the lack of clear sidewalks, particularly near the high school. The lack of snow free sidewalks in the winter is one of the reasons children walk in the streets instead of on the sidewalk. Janke stated the city can send a letter to property owners to remove snow from sidewalks adjacent to their property, and if they are not cleaned the city can clean them and send a bill. Janke added he would start the publicity by advertising and trying to get stories in the Phoenix Log. City of Seward, Alaska City Council Minutes September 13,1999 Volume 35, Page 67 F COUNCIL COMMENTS Shafer thanked the community for all the assistance given to her, and to her family, surrounding the loss of her son, Stuart. Orr said it was encouraging to hear the positive Shellfish Hatchery report, and thought the hatchery will build over the coming years. Gage thanked the inmates for their work at the Woodlawn (Camelot) and City of Seward cemetery. King congratulated Chapman on his new position as Police Chief. Blatchford encouraged everyone to vote. 1 CITIZENS' COMMENTS Pat Sterling, Small Boat Harbor, inquired into the status of the memorial anchor that was previously located in the small boat harbor and wondered when the anchor will be returned. Sterling also suggested the city not get into any additional debt with respect to the North Dock. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Janke stated the anchor will be replaced in the Small Boat Harbor next spring. And Janke stated he agreed with Sterling that the North Dock should be upgraded with grant funds and we should not go into any additional debt. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Patrick Reilly City Clerk it ) ' SE; y ` � i �s a� f�,•. i S EC7ll.J 0 s ��yPE;ba:9� T !1� Edgar Blatchford Vice -Mayor City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 68 CALL TO ORDER The September 27, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Chapman led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Tylan Schrock, Acting City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Satin presented W.C. Casey a plaque for his 20 years of service to the City of Seward and congratulated Casey on his new position as Public Works Superintendent. Borough Assembly Report. Assembly Member O'Brien thanked the council for their resolution supporting the Kenai Peninsula Borough proposed dog control ordinance. Homer also passed a resolution in support of the ordinance, and the ordinance will soon come before the assembly for a vote. City Manager's Report. Acting City Manager Schrock informed the council that City Manager Janke just completed a trip to D.C. to lobby on behalf of the city's needs. Janke was in D.C. to witness the Senate appropriation's committee approval of legislation to assist the city with work on its flood mitigation efforts at Lowell Canyon Tunnel and in the North Forest Acres /Japanese Creek area. Schrock reported Janke is currently at the International City Managers Association City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 69 annual meeting. Janke is representing the state as the president of the Alaska City Managers Association, as well as receiving professional development training. City Attorney's Report. None. Other Reports, Announcements and Presentations. Marianna Keil and Louis Bencardino, United Way Update, Keil reported that Senator Torgerson asked Keil and Bencardino to lead the team of Seward volunteers to assist with this year's United Way effort. Other members of the team include: Dawn Hunziker, Jolund Luther, Joni Leopardi, Scott Janke, and agency members Gwynne Gardner, Kim Soriano, Melissa Stone. Keil explained the program to the council and asked for community support. Centennial Celebration Committee. Marianna Keil, member ofthe Centennial Celebration Committee, stated the committee is a citizen driven committee with a goal of publicizing and coordinating upcoming events. This committee is part of the Chamber of Commerce and will be working closely with the Chamber to help the community celebrate the centennial throughout 2003. Anne Castellina, Seward Rotary, International Student Exchange Program, introduced Michael Gunther, of Mauer, Germany. Gunther then spoke to the council about his hometown and ' presented Mayor Satin with a decorated plate and a letter from his community. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Rosemary Sardarov,1302 Chamberlain Road, was disturbed none ofthe council candidates expressed a concern for the poor and needy when they spoke at the Chamber's Meet the Candidates forum. Pat Sterling, Small Boat Harbor, spoke about elimination of the planning director position. Sterling did not think the position could be eliminated and still get the work accomplished. Sterling said elimination of the position was not appropriate, but favored downgrading the position to save money. Sterling spoke against transferring the work and authority to the assistant city manager. Stu Clark, 1129 Cliffview Place, reminded the council that he recommended postponing implementation of elimination of the planning department until the budget is approved and until there are public hearings. Sterling, Small Boat Harbor, spoke against the placement of an ice -house on the city dock because it will cause additional congestion and hazards to the area. Sterling said the area of the proposed ice -house should remain open for visibility and access. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King /Orr) Approve the Agenda and Consent Agenda. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 70 The Clerk read the following approved consent agenda items: Resolution 99 -138, supporting the Seward Nordic Ski Club's application for a State of Alaska Recreational Trail Grant for the year 2000 for the Mile 12 Trail. September 13, 1999, special and regular meeting minutes. PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 99 -135, authorizing the city manager to enter a lease agreement with Dan Lowry, for a portion of Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, for the purpose of operating a marine repair business. Motion (Shafer /King) Approve Resolution 99 -135 Notice of the public hearing as posted and published as required by law was noted and the public hearing was opened. Dan Lowry, owner of Dalo Marine, Salmon Creek, Box 2029, Seward, stated he felt the proposed lease was fine except for the pollution insurance requirement. The pollution requirement would cost from $5,000 to $6,000. Lowry requested the pollution insurance requirement be waived until the city obtains a blanket insurance policy at a cheaper rate, and at that time Lowry would be willing to pay his fair share. No one else appeared to be heard and the public hearing was closed. Schrock gave the administrative overview, explaining the Lowry's lease reflects the standard City of Seward lease, incorporating changes that were implemented following negotiations with Jim Pruitt when Pruitt requested an expansion of his lease site at the Texaco gas station location. In response to a question from Blatchford, Schrock said the pollution insurance requirements will be routinely placed into lease documents that come before the council. Schrock said the city was investigating the possibility of obtaining a blanket pollution insurance policy. Orr expressed a concern that if there is no real property placed on the site, there should be a performance bond to protect the city's interest. King was pleased to have an offer from someone to lease ground over at the industrial park. The insurance requirement should be based on the type of work being performed, and in this case, because of the low environmental risk attached to the type work to be performed, King was willing to waive the insurance requirement. Motion (King /Callahan) Delete the one million dollar environmental insur- ance requirement. (From section 17.1 of the lease.) City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 71 Callahan spoke in favor of the elimination of the environmental insurance requirement if the council was willing to shorten the lease term. Schrock said a proposal to amend the lease to a one year term would be a significant change and that would need to be approved by Lowry. In response to a question from Blatchford, Shafer responded the planning commission had concerns about potential hazardous spills and that was why there was a recommendation by the planning commission for a baseline study of the soil condition prior to lease of the property. Schrock spoke against the removal of pollution insurance, or other forms of surety, but did think the idea of pursuing a performance bond that would offer a level of protection to the city could be appropriate. Orr wondered if the one million dollar pollution insurance could be exchanged for a performance bond. Schrock approved of Orr's concept of a requiring Lowry to obtain a bond a form of surety. Amendment failed. Yes: King No: Blatchford, Callahan, Gage, Orr, Satin, Shafer 9:05 p.m. recess. Orr did not think council adequately assured performance by Lowry to clean up the area at the end of his lease term, but was unsure how to address the issue without adding additional burdensome costs. Motion (Orr /Gage) Amend Section 17.1 of the lease by striking the one million dollar requirement and insert environmental pollution insurance, or other surety [without identifying a specific amount] Schrock stated, and the council concurred, that this section will be reviewed by the law firm for the final appropriate wording. Motion passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer No: Callahan, Satin Callahan thought the City of Seward would have a good policy in a couple of years for environmental protection, but since there is a lot of gray area in the city's leasing policy at this time Callahan spoke against the five year lease term. King commented that the fabrication work, cutting and welding, which Lowry plans is not environmentally hazardous work. Orr did not believe the lease limited Lowry to any certain scope of work and Lowry may decide to expand the type of work he desires to offer. Main motion passed. Yes: Blatchford, Gage, King, Orr, Satin, Shafer City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 72 No: Callahan Resolution 99 -136, authorizing the purchase of Lot 25, Block 16, Original Townsite, from the Seward Volunteer Fire Department, for the 1995 appraised value of $27,000, for the purpose of consolidating property ownership within the city hall/fire hall building campus. Motion (Orr /Satin) Approve Resolution 99 -136 Notice of the public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared to be heard and the public hearing was closed. Schrock explained the money to purchase the property is coming from monies that were generated from city owned land sales and purchasing the property is consistent with the City of Seward strategic plan. King wondered how, and why, the volunteer fire department acquired this property, and secondly, was there any offer from the volunteer fire department to donate the property to the city of Seward. Peter Fitzmaurice, president of the Seward Volunteer Department, responding to Council Member King said he was unsure when the volunteers acquired the department, but understood there were no restrictions on the property. Gage noted the volunteers could sell the property to another willing buyer if the city was not interested. Motion passed. Yes: Blatchford, Gage, Orr, Satin, Shafer No: Callahan, King UNFINISHED BUSINESS None. NEW BUSINESS Ordinances for Introduction Ordinance 99 -13, amending Title 15, Land Uses Allowed Table, regarding multi - family dwellings and child care centers. Motion (Gage /Shafer) Introduce Ordinance 99 -13 and set for a public hearing for the October 11, 1999 meeting Schrock explained this ordinance was initiated, in part, by needs of the Alaska Vocational Educational Center. Schrock referred to September 1, 1999, planning and zoning minutes to City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 73 emphasize comments made by Commissioner Griswold, noting Griswold's comments crystalized the issue very nicely. Orr expressed a concern about the possibility of public institutions competing with the private sector when providing housing. Motion passed. Unanimous. Ordinance 99 -14, amending Title 2, Administration, and Title 15, Planning and Land Use Regulations, allowing for the elimination of the Community Development Department. Motion (Orr /Shafer) Introduce Ordinance 99 -14 and set for a public hearing for the October 11, 1999 meeting. Schrock explained this ordinance is in conformance with the resolution which was approved on this topic at the last meeting. The ordinance accomplishes the core mission of the department. The employees will focus on current planning, while long range planning issues will be contracted out. Orr felt the department, while busy now, is busy because various tasks were delegated to the department, and these tasks can be done by other departments. Motion passed. Yes: Blatchford, Callahan, King, Orr, Satin, Shafer No: Gage Ordinance 99 -15, amending Title 7, Public Property, and Title 11, Vehicles and Traffic, regarding skateboards, bicycles, and other non - motorized wheeled recreational vehicles. Motion (Satin /Callahan) Introduce 99 -15, and set for a public hearing for the October 11, 1999 meeting. Schrock explained the ordinance is being introduced because of the public safety concerns. There is a concern of both pedestrians and bicycles /skateboarders in the certain areas of town, particularly the downtown and harbor areas. Motion passed. Unanimous. Resolutions Resolution 99 -137, authorizing the city manager to amend the existing contract with Merritt Enterprises to include Daily Janitorial Services for the harbor building and bathrooms. Motion (King /Shafer) Approve Resolution 99 -137 City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 74 Callahan spoke against the amendment because he felt the city could perform the task with a nine dollar an hour summer employees. Callahan felt the former city employee may have been overpaid to do this task. Motion passed. Yes: Blatchford, King, Orr, Satin, Shafer No: Callahan, Gage. Resolution 99 -139, endorsing a city hall facilities and equipment project for nomination in the State of Alaska Capital Project Matching Grant Program and requesting state grant funding of $76,473 for the project with a local match of $14,530 from the General Fund. Motion (Shafer /Satin) Approve Resolution 99 -139 Schrock explained the city hopes to address safety, ADA compliance, and communication system improvements during the coming year, and the receipt of the State of Alaska grant will go toward addressing these goals. Motion passed. Unanimous. Canvass Board appointments for the October 5, 1999, city election. Motion (Shafer /Orr) Approve the clerk's recommendation to appoint Rhonda Anderson - Hubbard, Margaret Branson, Lana Esposito, and Nell Watsjold to the canvass board. Motion passed. Unanimous. COUNCIL COMMENTS Shafer thanked Schrock for doing a nice job running the council meeting this evening. Shafer also complimented the older skateboard park users for holding a skateboard contest for younger users. Orr congratulated W.C. Casey for his promotion of as Public Works Superintendent and complimented the administration for promoting a city employee as opposed to searching elsewhere for the position. Orr also wished Tex Ainsworth well in his retirement. Gage, King, Blatchford and Satin all wished Tex Ainsworth a good retirement and congratulated W.C. Casey on his new position. Satin said he met with skateboarders at the skateboard park and discussed the proposed skateboard ordinance with the group and invited them to express their comments at the next council meeting. City of Seward, Alaska City Council Minutes September 27, 1999 Volume 35, Page 75 CITIZENS' COMMENTS Pat Sterling, Small Boat Harbor, encouraged the construction of bathrooms at the north end of the boat harbor. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to Sterling, King suggested converting the former railroad depot, located at the north end of the harbor, into bathroom facilities. ADJOURNMENT The meeting was adjourned at 10:40 p.m. Patrick Reilly Lowell R. Satin City Cle1�111ui8 Mayor e� � OF SEy {� ' • �••• `f r i J •yf` h'N•...s �9. C►'� 1,' , •Oi t City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 76 CALL TO ORDER The October 11, 1999, special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Bob Satin, presiding, and Patrick Callahan Marie Gage Vanta Shafer Edgar Blatchford Nathan Orr Jerry King comprising a quorum of the Council; and Scott Janke, City Manager ABSENT: APPROVAL OF SPECIAL MEETING AGENDA MOTION Approve the Special Meeting Agenda. Motion Passed. Unanimous. MOTION To go into executive session thevity man- ager to evaluate his performance. Motion passed. Unanimous. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. ADJOURNMENT The executive session ended and the meeting was adjourned at 7:15 p.m. / G ... atrick Reilly % ; ••' �i Lowell R. Satin City Clerk �� _... Fp ; � Mayor (City Seal) s SEAL W OO a •5 City of Seward, Alaska October 11, 1999 I CALL TO ORDER City Council Minutes Volume 35, Page 77 The October 11, 1999, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Lt. Bleth led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke noted the Police Department is now up to a full staff of police officers, dispatchers, and correctional officers. Janke distributed a budget workshop schedule to the council, outlining the budget meetings scheduled for the week of October 25. Public hearings are tentatively planned for November with a schedule to approve the budget prior to the Thanksgiving Holiday. Janke said he will travel to Anchorage sometime next week to meet with city lobbyist Kent Dawson and with key legislative members to work on getting approval of a marine motor fuel tax. In order to install electricity in Marathon II and Forest Acres Subdivisions prior to winter freeze -up, there is a need to hire an additional crew to work with the electric department. City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 78 In response to a question from Gage, Schrock reported parking revenues were over budget and expenses were under budget. City Attorney's Report. Meyen updated the council on legal activities reported for the period August 20 through September 20, 1999. Some of the legal activity included: review of the Borough animal control ordinance, personnel issues, procurement issues, various lease issues, review of the harbor deeds transferring the Army Corp of Engineer's interest in the harbor lands to the City and review of lease issues for SMIC, and monitoring of litigation and other matters related to the SeaLife Center and assistance in facilitating technical amendments to operating agreements. Other Reports, Announcements and Presentations. Mayor Satin reported on his trip to New Orleans to participate in the launching of the ARCO Endeveavor, a new double hull oil tanker. Although it was a long flight to New Orleans, and his visit was less than a day in New Orleans, it was beneficial for Seward to have a representative. Other Alaskan dignitaries included, Ltd. Governor Fran Ulmer, Commissioner Brown, and the Mayors of Valdez and Cordova, and a tribal leader from Chenega. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Orr /King) Approve the Agenda and Consent Agenda. At the request of Orr, and without objection from the council, Ordinance 99 -15 was moved forward in the agenda to accommodate audience members wishing to testify. King added an agenda item under other new business, discussion of procedure for filling a council vacancy. Janke removed the agenda item concerning the Friends of the Library Association request to use alcohol on city property at their annual fund raising event at the city library. Janke informed the council he was able to satisfy the proposer's request administratively, that is, without council action. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -140, adopting an alternative allocation method for the FY 2000 shared fisheries business tax program and certifying the allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area. City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 79 Resolution 99 -141, amending the banking services contract between the City of Seward and National Bank of Alaska by extending the terms of the contract to January 3, 2001. Resolution 99 -142, approving and authorizing the City Manager to sign amendment 3 to the contract with USA Waste of Alaska, Inc. for the collection and disposal of garbage, rubbish and waste material in the City of Seward, Alaska, extending the term of the contract for one additional year until December 31, 2000. Resolution 99 -145, supporting an application by the Kenai Peninsula Borough for a U.S. Customs Port of Entry and status as a Foreign Trade Zone. September 27, 1999, meeting minutes. PUBLIC HEARINGS Ordinance 99 -15, amending Title 7, Public Property, and Title 11, Vehicles and Traffic, regarding bicycles, skateboards, and other similar non - motorized wheeled recreational vehicles. Janke explained the ordinance was written to resolve a conflict between non - motorized vehicles and pedestrians in the downtown and harbor business areas, and not as a penalty for using bicycles or skateboards. Motion (Shafer /Gage) Adopt Ordinance 99 -15. Notice of the public hearing as posted and published as required by law was noted and the public hearing was opened. Rawlins Apperson, 1916 Dora Way, said he was a little perturbed over the proposed ordinance concerning bicycles. Apperson felt it was difficult to ride on the Seward Highway because of traffic and would prefer to ride on the path along the lagoon. Apperson spoke of his concern of being required to ride along Third Avenue, and felt it was safer to ride a bicycle on the sidewalk instead of on a street. Carol Griswold, 412 First, stated this is a public safety issue that is addressed by existing laws. Definitions of non - motorized vehicles, and specifying zones where these vehicles are legal and illegal will only lead to a non - enforceable ordinance. The law already allows criminal sanctions and fines for those who act in a reckless manner. In response to additional comments made by Griswold, Janke clarified the boardwalk around the Lagoon would not be restricted. Janke stated the current code has a $300 fine provision and the revised ordinance is only a $25 fine. City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 80 Beatrice Hitchock, 428 Third Avenue, described how her daughter would no longer be able to ride her trycycle to the library, Ranting Raven Bakery and the Alaska Shop if this ordinance is approved. In addition, when her daughter is old enough to ride a bicycle, Hitchock would not want her riding on the streets because the sidewalks are much safer. Ronda Holm, 230 Second Avenue, said large cities allow people to coexist with bicycle and skateboard users. Holm expressed a concern about damage that may have been done by bicyclists and skateboarders to Lindsay's property in the downtown area, but she stated there are already laws to take care of this vandalism. Punishing all bicyclists and skateboarders for this activity is the wrong approach. Juliana Amon, 303 Second Avenue, president of the Teen Council, encouraged the council to vote against the ordinance. Barbara Stirling, 230 '/z Second, a resident at this address for 30 years, noted that walking/biking along the dairy hill section of town is very dangerous and said the boardwalk path is preferable. The council should be considering making Seward more - not less - bicycle friendly. Carol Jaffa, 214 Marathon Drive, believed this ordinance is mean spirited and in a very discriminatory manner singled out forms of recreation such as skateboarding and roller blading. Deborah Olson, 320 Third Street, spoke as a business person and a resident in the downtown area. Olson's business welcomes bicycles to her business and is in the direct path of skateboarders. Olson said she takes great pleasure in watching the skateboarders. Olson did not understand how a unicyclist practicing hops from the sidewalk to the street could be deemed illegal. Olson stated the community should think about being welcoming and supportive of non - motorized activity. Susan Rieder, 432 Third Avenue, said she walks a lot and her kids love to ride bikes. She would not want her child to ride on Third Avenue because there is too much traffic. Reider expressed alarm at the thought of not being able to take a sled with her children from her home to the library or the Alaska SeaLife Center. Bjorn Olson, Blueberry Hill, Lowell Point, agreed with everything said so far by the previous speakers. To the above comments, Olson added the city should work on minimizing congestion. The problem is too many vehicles, not too many non - motorized vehicles. Jody Tapsfield,1903 Jesse Lee Drive, agreed with all the other comments. Tapsfield added that skateboarders, although they have a bad reputation, are good people. The skateboarders need a better skate board park, a park that is larger with better equipment. Skaters are dedicated to what they are doing, and this helps them to stay out of trouble. Eric Landenburger, Third Avenue, explained that nine months out of the year there is no pedestrian/bike congestion, and the rest of the year there is seldom a congestion problem. If the real problem is vandalism by a handful of people, there are already laws to address this problem. City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 81 No one else appeared to testify, and the public hearing was closed. Shafer said her independent research at the hospital found there had been no accidents in recent history between pedestrians and non - motorized vehicles. Orr said for all the reasons expressed by the public this evening, he will not support the ordinance. But Orr added it is currently not legal to ride bikes on sidewalks in Seward, and these were some of the proposed changes to the code. Orr suggested the administration take another look at these code changes. Callahan spoke against making changes to the city code, and encouraged the council to focus on the real root problems of skateboarders in the downtown area. Gage spoke against the ordinance, and noted in contrast to Janke's comments, she believed the ordinance did include the boardwalk area. King said he also will not support the ordinance and stated everyone he spoke to was similarly opposed to the ordinance. Janke explained the ordinance was rewritten because the code does not allow bicycle riding on city sidewalks. The code amendment was meant to relax the rules in areas other than the downtown and harbor business districts. But based on public comment, Janke recommended council defeat the ordinance. Motion failed. Unanimous. Ordinance 99 -13, amending Title 15, regarding parking and land uses relating to dormitories, multi - family dwellings, and child care centers. Motion (Shafer /Satin) Adopt Ordinance 99 -13 Janke explained adoption of the ordinance will allow a change in multi - family usage pertaining to the number of required parking spaces. Notice of the public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared to testify, and the public hearing was closed. In response to a question from Satin, Janke responded the ordinance is aimed at supporting AVTEC's ability to house students and Janke added the ordinance does have the support of the Planning and Zoning Commission. City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 82 Shafer, the Council Planning and Zoning Commission Liaison, said the Planning and Zoning Commission debated and considered all the issues in the ordinance carefully prior to giving their support. Motion passed. Unanimous. Ordinance 99 -14, amending Title 2, Administration, and Title 15, Planning and Land Use Regulations, allowing for the elimination of the Community Development Department. Motion (King/Orr) Adopt Ordinance 99 -14 Notice of the public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared to testify, and the public hearing was closed. Janke said the ordinance takes advantage of the Community Development Director's retirement by doing away with the department and streamlining the work which the department performs, and to save taxpayer dollars. The City will continue to focus on current planning, but the work will now be administered under the City Manager's department. Motion passed. Yes: No: Blatchford, Callahan, King, Orr, Satin, Shafer Gage UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -143, authorizing the city manger to enter into an agreement with Tryck Nyman and Hayes, Inc. for engineering services for the small boat harbor repair and renovation capital project for an amount not to exceed $311,936. Motion (Orr /Blatchford) Approve Resolution 99 -143 This project is part of the deferred maintenance program for the small boat harbor, Janke explained. Janke continue by explaining the Request For Proposal process was a thorough process, following the State of Alaska Procurement Code. Janke felt Tryck Nyman and Hayes, Inc. will do a good job for the City and felt comfortable the company was offering to do the work for a fair price. Satin noted the amount for the proposed work is approximately 10 percent of the total 3.1 million the City received from the State when the City received ownership of the harbor. City of Seward, Alaska City Council Minutes October 11 1999 Volume 35, Page 83 t 1 Motion (Shafer /Satin) Approve Resolution 99 -144 Engineering and Utilities Manager Calvert explained the need for the proposed piling, and that work needed to be performed by a union contractor. In response to a question from Gage, Janke explained that this resolution for pilings is now before the Council because it is a separate contract from the previously approved resolution and authorization of expenditures pertaining to the harbor street lighting project. The prior resolution only purchased the lights at that time. In response to a question from Orr, Janke replied that if the scope of work initially included pile driving the work would still have needed to be performed by union employees. Callahan reminded the council he continued to be opposed to City taxpayers paying the cost of lighting the harbor area until the area becomes more developed in the winter and, therefore, he would vote against the resolution. Motion passed. Yes: Blatchford, King, Orr, Satin, Shafer No: Callahan, Gage Certification of the October 5, 1999, regular municipal election. Motion (Safer/King) Certify the October 5,1999, regular munic- ipal election. The clerk reported the following election results: 1 City of Seward Report of Canvass Board October 5, 1999 ABSENTEE AND QUESTIONED BALLOTS Absentee ballots voted: Questioned ballots voted: Total Ballots Voted: 66 16 Rejected Ballots: Not registered, registered too late or registered out of City of Seward: Purged from voter rolls: Ballot envelope not signed or witnessed: 14 82 City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 84 No identifier provided on envelope: Voted twice: Signed/witnessed or postmarked after election day: Less Total Ballots Rejected by Canvass Board: 14 Absentee ballots counted: 66 Questioned ballots counted: 2 Total Absentee & Questioned Ballots Counted: 68 At the general election of the City of Seward, Alaska, on the October 5, 1999, election and the total number of persons voting was 608 , and the total number of ballots counted was 5 1, ! The votes counted were cast as follows: Mayor's Race Edgar Blatchford election day votes 227 canvass 22 Total 249 Jerry King election day votes 169 canvass board 15 Total 184 Bob Satin election day votes 124 canvass t; 23 Total 147 Council Race David Brossow election day votes 382 canvass ho;ird 42 Total 424 Stu Clark election day votes 260 canvass U 1 27 Total 287 City of Seward, Alaska City Council Minutes October 11 1999 Volume 35, Page 85 Marie Gage election day votes 235 canvass bo nrd 28 Total 263 Nathan Orr election day votes 324 canvass 1 rd 41 Total 365 Pat Sterling election d,,y, votes 136 canvass! 12 Total 148 Michael Taylor election d w votes 68 canvass 8 Total 76 ' The Mavor not-d the newly elected mayor and council members will be sworn in at the next council m: .d Janke added that newly elected council members will receive all materials pertain'- the upcoming budget. Motion passed. Unanimous. Filling of upcoc ' ,, c ouncil vacancy. Clerk Rel.'! (�;rlined the rules pertaining to filling vacancies on the city council, which included requirei i . widely publish the vacancy. After a I.Ission and discussion between the Clerk and the Attorney, it was thought best to fiction on this item this evening, but rather let the council discuss and vote on the pro i the vacancy actually occurs. COUNCIL CV, '' "ti'TS Gage x\ ; ' ' '' -! <tor Tom and Colette Holowell well, as they have been part of the Seward community for t even years and are now moving to North Dakota. In addition, Gage congratulated I :r, Tiffany, and Tiffany's husband, AI, on their marriage last Saturday. Shafer to see how many people came out this evening for an item they were interested in, t I it would he nice if the public took an interest in other items, too. Very often the does not participate or give input on the items that are addressed at council meetin,, City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page 86 Callahan sail he had a real good time on the city council and thanked those who voted him in. Callahan said he was heading to graduate school in Phoenix Arizona. Callahan wished more had been ac .hed with Boulder Stadium during his term as council member. Orr echoed \':rata's comments concerning public input and said he enjoyed having Callahan on the cot!!- i I. Echoed Shafer's comments concerning public comments. Blatchfor-:1 —id he enjoyed serving with Satin, Callahan and Gage on the city council. Blatchford added ' , ; nice to see many local residents at the Alaska SeaLife Center open house. Blatchford was p' �o see Satin go to New Orleans to represent our community at that important event Satin sal ' a pleasure to be the City Mayor, it has been fun. Spoke well of the City Manager, CI attorney, and felt they all worked well as a team. Satin's advise to the future council ir„ .ring clear policy direction to the administration and then the funds to carry out the d i r CITIZENS' Ct� `. .'! S Pat Ste r: :I Boat Harbor, reiterated council's comments regarding public input and how it doe 'trerence. As a six year harbor resident, Sterling had not noticed any lack oflightinv 1. Marga rrt : a, 500 Fourth Avenue, thanked the City Manager for his support of the Friends of the 1 Iciation, and advised the council to err on the side of caution when it comes to Alasl... meeting law as they consider who to select for the upcoming council vacancy. COUNCIL AN :, " .1STRATION RESPONSE TO CITIZENS' COMMENTS Janke s:i ;)ent most of the past week, late into each evening, cutting items from the proposed 1 . were requested to him from the department heads. Janke said in order to maintain the - of service, the upcoming budget will be pretty tight and may be a somewhat cort ess. ADJOURNIM . The mee,' �idjourned at 10:40 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes October 11, 1999 Volume 35, Page A ? comes to Alaska's open meeting law as they consider who to select for the upcoming council vacancy. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Janke said he has spent most of the past week, late into each evening, cutting items from the proposed budgets that were requested to him from the department heads. Janke said in order to maintain the current level of service, the upcoming budget will be pretty tight and may be a somewhat contentious process. ADJOURNMENT The meeting was adjourned at 10:40 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor s (City OF SEt wo�.- Cj 00 • "Y • CT s 3 i %�(OF ,0 t City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35, Page 88 Call to order The October 25, 1999, regular meeting ofthe Seward City Council was called to order at 7:30 by Mayor Edgar Blatchford. Pledge of allegiance Police Chief Chapman led the pledge of allegiance to the flag. Seating of the new council Assistant City Clerk Ecklund administered the oath of office to newly elected council members, David Brossow and Stu Clark and Mayor Edgar Blatchford. Recess A five minute recess was called at 7:35 p.m. to allow the newly elected council to take their seats at the dais. The meeting was called back to order at 7:40 p.m.. Roll call There were present: Edgar Blatchford, presiding, and Stu Clark Jerry King David Brossow Vanta Shafer Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Cindy L. Ecklund, Assistant City Clerk. Absent were, None Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford presented aNAPA Auto Parts gift certificate in the amount of $100 and a certificate of appreciation to Loyd Welch for 25 years of service. Mayor Blatchford presented plaques to Marie Gage, Patrick Callahan and Mayor Bob Satin for their two years of service on the city council. City of Seward, Alaska City Council Minutes October 25 1999 Volume 35, Page 89 Borough Assembly Report. Assembly member Patrick O'Brien congratulated Edgar Blatchford, David Brossow and Stu Clark on being elected to the city council. At the last Kenai Peninsula Borough (KPB) Assembly meeting, Resolution 99 -077, supporting the Nordic Ski Club's efforts on the M. 12 Trail was approved. Ordinance 99 -049, a dog control ordinance, will come before the assembly on November 2, 1999 for final action. O 'Brien reviewed the accomplishments the KPB assembly had attained in the past year such as appropriating additional monies for the Spruce Creek bridge, Seward High School roof replacement, fencing at the school, stream mitigation and Resurrection River clean -out. The KPB technology committees were in the process of doubling the Internet speed, decreasing the computer to student ratios and adding an Internet technician to the Seward School staff. O'Brien reminded everyone of the KPB Mayoral Run off election on Tuesday, October 26, 1999 and spoke in favor of the current KPB administration. City Manager's Report. Janke reported that the FY 2000 budget work sessions would begin on Tuesday, October 26, 1999 at 6:00 p.m., in the Library basement and continue through Friday, October 29, 1999 if necessary. The preliminary budget is available for public review. An article had appeared in the Anchorage Daily News, reporting on the Alaska Vocational Technical Educational Center's (AVTEC) funding difficulties and Janke expressed the administration's support of AVTEC's endeavors. Schrock and Janke would be attending a meeting in Anchorage next Thursday fighting to keep the Tustumena home ported in Seward. We have the support of Senator Torgerson on this issue. The upgrade to Mi. 0 -8 on the Seward Highway is in the planning stages and there have been requests to hold a public meeting on the topic. The Audit should be ready for the November 15, 1999, city council meeting. The process of selecting an engineer for the design phase of the Harbor renovation has been completed and was awarded to Tryck, Nyman and Hayes but a protest was received on Friday, October 22, 1999 and Janke will keep the council posted on this issue. The Surface Transportation Intermodal Plan (STIP) Draft is out for public review. There are several Seward area projects still in the plan but the Port Ave. and Nash Rd. projects have been moved back to 2003. The administration will push to have both moved forward. Janke and Kent Dawson met with the State House Transportation Committee on Thursday, Oct.21, 1999 in an attempt to get 3% of the 5% Marine Fuel Tax appropriated to the Seward Boat Harbor. Schrock gave an update on the Project Impact meetings. Four hazard issues; wildfire, earthquake, tsunamis and flooding, and possible solutions were discussed and the report is about to be completed. A public meeting set by the Chamber Board of Directors will be held on October 28, 1999. Schrock stated Project Impact was getting public recognition as a model group. Orr asked if the 3% Marine Fuel Tax is a set appropriation amount or based on what is sold in Seward. Janke stated the appropriation would be based on the amount of fuel sold in Seward and would be funds dedicated to the Small Boat Harbor. City Attorney's Report. None Other Reports, Announcements and Presentations. Citizens' comments on agenda items not scheduled for public hearing. City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35, Page 90 Kelly Martin, 2nd Ave., thanked Margaret Branson for her comments at the last city council meeting regarding the open meeting act. Martin was upset by a conversation she'd had with a Planning and Zoning Commissioner concerning filling the vacancy on the council. Martin encouraged the council to review the charter and amend section 2.13, Filling Vacancies, to allow a vacancy resulting from an election to be immediately filled by the candidate with the next highest votes. Juliana Amon, 2nd Ave., spoke in favor of Marie Gage to fill the vacancy on the council. Jim Collman, 609 4th Ave., expressed support for Marie Gage to fill the council vacancy. He felt Gage has an impartial view on harbor issues and as a member of the boat owner's association, he would like to see Gage appointed. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous The Assistant Clerk read the following approved consent agenda items: October 11, 1999, City Council meeting minutes. The councils consent to the subdivision of Tract A, Tideland Survey 1574, into Tracts Al and A2. Rescheduling ofthe November 8, 1999 regular city council meeting to November 15, 1999 to allow council members to attend the Alaska Municipal League conference in Soldotna. Public hearings Ordinances for Public Hearing and Enactment. None Resolutions Requiring Public Hearing Resolution 99 -146, determining it to be in the public interest to proceed with the Seward Park Electrical Improvement District and authorizing an amount not to exceed $40,000, to be funded from the Electrical Enterprise Fund, the proposed district is described as: Lot 1, Block 1, Lot 1 -8, Block 2, Seward Park Phase 1, Lot 9, Seward Park Phase 4, Lots 2 and 3, Block 3, and Lot 1, Block 4, Seward Park Phase 3 and Lots 11 and 12, Seward Business Park Phase 4. Notice of public: hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35, Page 91 1 Janke stated that it was doubtful the improvement district would get done this year. Mayor Blatchford recognized a member of the public wishing to make comment. Mike Warner, 5 '/2 Mile Seward Highway, asked the administration when in the next year would the project be done. Dave Calvert, Manager of Engineering & Utilities, informed council and the public that currently two other improvement districts were in process and seventeen new hookups had been ordered. The Seward Park Electrical Improvement District would be done next summer. u Approve Resolution 99 -146 Unanimous Ordinance 99 -16, amending Seward City, Title 15, Planning and Zoning relating to code abatement notifications; conflicting code provisions; definitions; parking regulations, and harbor building height development requirements. Motion (Orr /Clark) Introduce Ordinance 99 -16 and set Public Hearing for November 15, 1999 Janke stated the administration was not in support of the height restrictions but the Planning & Zoning Commission (P &Z) was in support ofthe height restrictions. The railroad had just awarded a bid on the site without the height restrictions. Shafer commented P &Z had spent considerable time on this issue, first approving an extension of the height restriction to Port Ave. in an effort to protect the view sheds, a goal stated in the Strategic Plan. Then P &Z voted to continue the height restriction to include the area around the harbor basin to the north and east sides. Shafer stated this may restrict business development. Orr echoed some of Shafer's concerns. If the driving concern was to protect the view shed, they should restrict it to no building on the east harbor basin. Motion (Shafer /Clark) Motion passed Other public hearing items None Unfinished business None New business Ordinances for introduction. u Approve Resolution 99 -146 Unanimous Ordinance 99 -16, amending Seward City, Title 15, Planning and Zoning relating to code abatement notifications; conflicting code provisions; definitions; parking regulations, and harbor building height development requirements. Motion (Orr /Clark) Introduce Ordinance 99 -16 and set Public Hearing for November 15, 1999 Janke stated the administration was not in support of the height restrictions but the Planning & Zoning Commission (P &Z) was in support ofthe height restrictions. The railroad had just awarded a bid on the site without the height restrictions. Shafer commented P &Z had spent considerable time on this issue, first approving an extension of the height restriction to Port Ave. in an effort to protect the view sheds, a goal stated in the Strategic Plan. Then P &Z voted to continue the height restriction to include the area around the harbor basin to the north and east sides. Shafer stated this may restrict business development. Orr echoed some of Shafer's concerns. If the driving concern was to protect the view shed, they should restrict it to no building on the east harbor basin. City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35, Page 92 Amendment (Clark/Orr) Amend Ordinance 99 -16 by making no changes to Table 15.10.220 Development Requirements: Note 1. Shafer stated P &Z voted unanimously for the height restrictions to extend to Port Ave. Amendment passed Yes: King, Orr, Clark, Brossow No: Shafer, Blatchford Absent: None Orr asked why "certified" was being deleted and replaced with "with proof of receipt." Community Development Director Kerry Martin explained proof of receipt allowed more options of delivery. King stated a preference for the old definition of parking space. The public should not be held to a higher standard than the City can afford. King referred to the parking lot north of the city hall as an example. Amendment(King /Orr) Amendment passed Delete "crushed" from Section 15.10.140 Definitions B. Specific definitions, Surface, durable. Yes: King, Blatchford, Shafer, Brossow, Orr No: Clark Absent: None Orr asked if the definition for parking excluded garages. Martin answered yes, explaining the Community Development Department had discovered most often garages are used for storage, B &B's or something besides parking. Orr stated the exclusion of a garage seemed too restrictive and felt the building permit process would cover this sort of issue. Orr moved to use the old definition. Martin directed the council's attention to the bottom of page 18 in the council packet. There are currently two definitions for parking in the code. Recess Mayor Blatchford called a five minute recess at 8:15 p.m. so Orr and the administration could draft an amendment to present concerning parking definitions. The meeting was called back to order at 8:20 p.m.. Amendment(Orr/King) Amend Section 15.10.140 Definitions B. Specific definitions, Parking space, off - street, to state "a designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35, Page 93 with adequate independent access to, but located off, any street, alley or other right of way." Amendment passed Unanimous Main motion passed as amended. Unanimous Resolutions Resolution 99 -147, authorizing the City Manager to purchase a 1988 Ford Flatbed and a 1993 GMC Pickup from the State of Alaska for a total price of $20,000, with funding appropriated from the General Fund Fund Balance to the General Fund Street Department Equipment Account. Motion (Brossow/King) Approve Resolution 99 -147 Janke stated the purchases were old vehicles, not new vehicles, and they would be replacing really old vehicles. Clark asked why the state was releasing the vehicles for sale. Calvert explained the state's replacement policies release vehicles sooner, adding these vehicles were actually owned by the federal government. Orr wanted to know why the vehicles were being purchased out of the General Fund instead of the Motor Pool Fund. The administration stated the motor pool fund has deposits made to it over the life of a new vehicle to replace the new vehicle and these vehicles if purchased would be added to the Motor Pool fund replacement policy. Motion passed Unanimous Resolution 99 -148, authorizing the City Manager to enter into a contract not -to- exceed $41,000 with a union electric crew for the purpose of obtaining a three - person line crew and equipment necessary to install underground electrical services in the Seward area. Motion (King /Shafer) Approve Resolution 99 -148 Janke explained that a lot of new construction was taking place in the fall and in order to get everything done this fall a crew needed to be obtained. Motion passed Unanimous Other business items. Selection of Vice Mayor City of Seward, Alaska City Council Minutes October 25, 1999 Volume 35 Pate 94 Mayor Blatchford opened the floor for nominations for Vice Mayor. Shafer nominated Stu Clark. Orr nominated Jerry King. Assistant Clerk Ecklund distributed ballots. The council voted and returned the ballots to Ecklund who then read them aloud. Clark received 4 votes and King received 2 votes. Motion(ShaferBrossow) Motion passed Appoint Stu Clark as Vice Mayor Unanimous Mayoral appointments Planning Commission Liaison Shafer commented as past liaison she felt the P &Z Commission is a representation of all facets of the community and the Commissioners have the best interests of the community at heart. Clark volunteered for the P &Z position and was appointed by Blatchford. Kenai Peninsula Borough Economic Development District (EDD) Representative Shafer volunteered for the appointment and was appointed by Blatchford. Shafer, as the EDD representative, will also have the responsibility of attending the Port and Commerce Advisory Board meetings. Declaring a council seat vacancy of one -year Blatchford had the Assistant Clerk read the agenda statement from page 52 of the council packet regarding filling the vacancy for the public record. Motion(Clark/King) Publish in the Seward Phoenix Loe a notice of the one -year council seat vacancy, the procedure and application process for applying. Set a deadline for application for Monday, November 1, 1999. Schedule a special meeting on November 3, 1999 at 6:30 p.m. for the purpose of appointing the remaining council member. Motion passed Informational items and reports Unanimous Requests for proposals for land appraisal services. City of Seward, Alaska City Council Minutes October 25 1999 Volume 35, Page 95 Janke reported that the City was required to have an appraisal done every five years and the request for proposal (RFP) was in preparation for a January 2000 contract. Council comments Clark thanked the council for the vote of confidence and hoped he would do a good job filling the role of vice mayor. He also thanked the public for their vote of confidence and reminded everyone to vote tomorrow in the Kenai Peninsula Borough Mayor run -off election. Congratulations to Loyd Welch and good luck to Shafer on EDD. - Brossow thanked the voters for voting and for voting for him. Hopes to do a good job. Congratulations to Blatchford, Orr and Clark. Thank you to Loyd Welch for 25 years of commitment to a job well done. Orr thanked the outgoing members of council for 2 years of service and welcomed the new members. Looks forward to working with them for 2 years and hopes Loyd has another 25 years to work. Orr stated there was no violation of the open meeting law and no prearranged deal as to who would be appointed to the empty council seat. Shafer congratulated Blatchford on his first meeting as Mayor. Encouraged by how financially responsible employees were in finding the used trucks to buy. Orr complimented the harbor department staff on the newsletter he received in the mail and wondered if City Hall could do something similar semiannually. King thanked outgoing Gage, Callahan and Satin and congratulated the newly elected candidates, Mayor Blatchford and Loyd Welch. Blatchford thanked Loyd Welch for 25 years of service and Mayor Satin, Gage and Callahan for their years of service. Congratulations to Clark and Brossow. Blatchford commented on how he would conduct meetings, King would be recognized first for his comments as senior council member. Citizens' comments Jim Collman, 609 4th Ave., commented on the continued expansion in the harbor, by suggesting to go either four floors or 34 feet. With the parking problems, it is necessary to maximize space and build a parking structure. He wanted to see long -term planning. Collman thinks the city likes to generate revenue and offered an idea, initiate a music festival around the opening of the boating season, something similar to Gresham, Oregon's or Sitka's, possibly jazz. Kelly Martin, 2nd Ave., thanked Mayor Satin, Gage, Callahan and P &Z liaison Shafer. Congratulated Blatchford, Brossow and Clark. Council & administration response to citizens' comments Clark, supported Collman's idea for a jazz festival and offered personal help in getting it organized. Orr, nominated Collman as the jazz festival chairperson. Budget work session starts Tuesday at 6:00 p.m. in the library basement. City of Seward, Alaska City Council Minutes October 25, 1999 volume 35 Page 96 Adjournment The meeting was adjourned at 9:15 p.m.. Patrick Reilly City Clerk ( ! O �C , l Ck Edgar Blatchford Mayor (City se,##° " ..... Fled s pF S �4y ' O hm ;` �'. Q V � n V,n'•_ ,. S SB • w * @• �lat1160!'1���� City of Seward, Alaska City Council Minutes November 3 1999 Volume 35, Page 97 CALL TO ORDER The November 3, 1999 special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Edgar Blatchford. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Edgar Blatchford, presiding, and David Brossow Stu Clark Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Other Reports, Announcements and Presentations. City Council Member applicants. 1. Michael Calhoon, 611 Fourth Avenue, expressed his desire for an appointment to the city council. Calhoon said he decided to apply for the position in an effort to bring more diversity to the applicant pool. Calhoon said he will bring an open - minded attitude and that he likes to look at all sides of issues. Calhoon added he has been on the Chamber of Commerce Board of Directors for the last three years, and the Executive Board for the last two years, and has a good feel for the direction in which Seward wishes to move. 2. Marie Gage, 107 Lowell Canyon Road, said she ran for the Seward Council two years ago to represent all members of our community. Gage listed some of her recent community involvement, including: First Aid /CPR teacher at Seward Providence Medical Center; Marathon Homemakers Member; along with her husband, John, a foster parent for 22 years; a regular tradition of visiting Wesley Nursing Home; Special Olympics Area Director; spent many volunteer hours working to restore Woodlawn Cemetery. From past involvement as a council member, Gage added she understands the amount of time it takes to be an effective council member, and is interested in City of Seward, Alaska City Council Minutes November 3, 1999 Volume 35 Page 98 continuing to improve handicap access, recreation for children, year -round employment and responsible city growth. 3. Pat Sterling, small boat harbor, said most people know his views because he expressed them during the recent campaign. Sterling added he had the aptitude and desire for taking on the responsibility of a council member. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Barbara Stirling, 230 '/z Second Avenue, spoke in favor of the council to appoint Gage. Stirling expressed dismay that 6 council members could override the 235 votes from the community to support Gage. Beverly Oehler, 706 Fifth Avenue, spoke in favor ofthe council to appoint Gage. In addition to being the candidate who received the next greatest number of votes, Oehler added that Gage has been real active in the community, and has taken the time to attend meetings and to get involved with community issues. APPROVAL OF AGENDA Motion (KingBrossow) Motion Passed NEW BUSINESS City Council Seat Appointment Motion (Brossow/King) Approve the Agenda. Unanimous. Take up the issue of selecting a city council mem- ber to fill the vacant council seat Shafer said she would prefer a special election, but short of a special election, it is appropriate to appoint Gage because many voters supported Gage. The Clerk then distributed ballots in order to get an idea of who might have majority support among the council members. The first ballot resulted in a tie vote, with Calhoon and Gage receiving three votes each and Sterling receiving zero votes. The council proceeded to a second ballot, with the removal of Sterling from the ballot. The second ballot resulted in a tie vote, with Calhoon and Gage receiving three votes each. City of Seward, Alaska City Council Minutes November 3 1999 Volume 35, Page 99 Shafer spoke against proceeding to the flip of a coin in an effort to break the council deadlock, and stated a preference to continuing deliberations on whom to appoint. Shafer felt the decision was too important to decide with a coin toss. Orr felt that the decision could be made with a coin toss, unless there could be a special election. The clerk responded to a question from Orr, by stating the current City Code requires an appointment within thirty days of the vacancy and a special election could not be accomplished within thirty days. At King's request, the council proceeded to a third ballot. The third ballot continued to result in a tie. Brossow said he agreed with Shafer, that Gage did go through the election process and the public at least has an idea of how Gage feels about community issues. Brossow added he thought Gage would make the best candidate and Gage had a number of people who voted for her. Amendment (Clark/Orr) Re -open the application period to November 12, with an appointment by council on November 15. Orr stated he is supporting Calhoon because he had been contacted by numerous community members who have asked him not to support Gage. In addition, Orr said he has a difficult time making negative comments about anyone and would prefer not to make negative comments. Orr spoke against an extended application period. Amendment failed. Yes: Clark No: . Blatchford, Brossow, King, Shafer, Orr Amendment (Clark/Orr) Toss a coin to decide which of the two candidate finalists, Calhoon or Gage, will be appointed to the council. Amendment passed. Yes: Blatchford, Clark, King, Shafer, Orr No: Brossow Blatchford stated the council should now go forward to deciding how to flip a coin. Brossow requested to do another ballot, but Blatchford stated the council had decided to flip a coin. Clark wondered if the council could go to a fourth ballot since no coin had yet been flipped. Amendment (Brossow/King) Proceed with a fourth ballot instead of going to the flip of a coin. City of Seward, Alaska City Council Minutes November 3 1999 Volume 35, Page 100 Amendment passed. Unanimous. A fourth ballot was taken, with the result that Calhoon received four votes and Gage received two votes. Motion (King /Clark) Appoint Calhoon to fill the council seat vacated by Blatchford. In response to a question from King, the Clerk stated the paper ballot votes were non - binding and a motion was needed to make the appointment. Motion passed. Unanimous. COUNCIL COMMENTS Brossow stated the new council should work together and he hoped there were no lines drawn in the sand with tonight's vote. CITIZENS' COMMENTS Bob Satin, 425 Fourth, spoke in favor of changing the City Charter in favor of the next highest vote getter being appointed to the council seat. A person who has not gone through public scrutiny should not have the right to represent the community. Pat Sterling, Small Boat Harbor, said Gage deserved to be appointed to the council, particularly since she received so many votes from the community in the recent election. Pat Callahan, 613 First Avenue, thought the last two elections elected members to the council that have not been affiliated closely with the business community and the appointment of Calhoon was against this trend. Callahan stated the business community would now have a majority voting block, which would include Clark, King, Orr and Calhoon. Kelly Martin, Second Avenue, thanked all three applicants for putting their name forward. Beverly Oehler, 706 Fifth Avenue, was disappointed Gage was not appointed, but felt Calhoon would do the best job he could. Oehler said she did not want the needs of the community's children pushed aside COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Orr said the community wants people on the council who have strong opinions and are willing to take a stand on issues. Orr said he was confident the council will be able to work together. Clark spoke in favor of changing the City Charter pertaining to filling council vacancies. City of Seward, Alaska City Council Minutes November 3, 1999 Volume 35 Page 101 1 King congratulated and welcomed Calhoon to the council. King said any change to the City Charter should be approached carefully because the public may not always wish to have the next highest vote getter to become a council member. Shafer said she felt like the lone ranger since she was now the only women council member. Shafer said she has been able to work with the council in the past and believed she would be able to work well with the council in the future. Blatchford thanked the three council applicants and congratulated Calhoon on his appointment. ADJOURNMENT The meeting was adjourned at 6:20 p.m. t L Patrick Reilly • , A I � pM • g Cp i►�e q , � p Cj��s V �� $ d�tiliii`���� • Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes November 15, 1999 Volume 35 Page 102 CALL TO ORDER The November 15, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. OPENING CEREMONY Police Chief Chapman led the pledge of allegiance to the flag. Seating of Newly Appointed Council Member Calhoon The City Clerk administered the Oath of Office to Michael Calhoon and Calhoon then took a seat at the council dais. ROLL CALL There were present: Edgar Blatchford, presiding, and David Brossow Michael Calhoon Stu Clark Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. 4 City Manager's Report. Janke reported on his recent trip, along with a few of the council members, to Soldotna to attend the annual Alaska Municipal League Conference. Mayor Blatchford, Port and Commerce Advisory Board Chairman Ron Long, and Janke will attend the Resource Development Conference Thursday and Friday, November 18 and 19. Janke added that the council will be requested to decide early next year whether or not to continue performing the parking enforcement functions or to contract this work out to a private entity. In addition, Janke said there City of Seward, Alaska City Council Minutes November 15 1999 Volume 35, Page 103 1 will be city employees situated at the City's back -up generators in the event they are needed to be turned on in the unlikely event of a power failure on New Year's Eve. City Attorney's Report. None. F__J Other Reports, Announcements and Presentations. State of Alaska Representative Gary Davis spoke about the September 14 State of Alaska vote on the State budget and the Alaska Permanent Fund, and how the results of this vote will probably lead the Legislature to look at future state budget cuts and to look at using money from the state's reserve accounts. Davis also said that state municipalities' budgets should expect, as the City of Seward's budget does expect, future reductions in municipal revenue assistance from the State of Alaska. Davis concluded his remarks by congratulating the new council members and those who were recently re- elected. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Bob Valdatta, 528 Fifth Avenue, noted that over the years he is often long on complaints and short on compliments. Valdatta complimented the City of Seward Dispatcher who was on duty November 11 for the excellent manner in which the dispatcher handled a call that Valdatta made from Mile 65 of the Seward Highway when he reported a moose - vehicle collision. Jim Collman, 609 Fourth Avenue, Seward, noted there were was a good turnout of boat owners at the recent meeting in Anchorage, which included both boat owner association members and non- members. Coltman thanked City Manager Janke, Harbormaster Beckam, and Mayor Edgar Blatchford for their attendance. In addition, Collman said the City of Ketchikan has a pretty good record for industrial development and the City of Seward may wish to look at some of Ketchikan's programs to see if they should be incorporated into the city's plans. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Clark/Shafer) Approve the Agenda and Consent Agenda. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -149, requesting the State of Alaska, Division of Emergency Services, to select the City of Seward to participate in a tsunami mapping project and a tsunami sign project. Resolution 99 -150, supporting Seward's continuation as home port for the M/V Tustemena. October 25, 1999, regular meeting minutes and the November 3, 1999 special meeting minutes. PUBLIC HEARINGS City of Seward, Alaska City Council Minutes November 15, 1999 Volume 35. Pa ee 104 Ordinances for Public Hearing and Enactment Ordinance 99 -16, amending Seward City, Title 15, Planning and Zoning relating to: code abatement notifications; conflicting code provisions; definitions; parking regulations, and harbor building height development requirements. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Clark/Orr) Enact Ordinance 99 -16 Community Planning Director Kerry Martin gave the administrative overview, and then proceeded to explain the proposed ordinance. Shafer commented she received a few phone calls from people who would prefer a height restriction of 26 feet, rather than a 34 -foot height restriction. She added she believes the view would be restricted whether the height restriction is 26 feet or 34 feet, but wanted to let the council be aware she did get calls from concerned citizens. Janke said he received a call from Pruitt earlier in the day whereby Pruitt expressed opposition to any height restriction north of the J -Dock to a 26 -feet limit. Calhoon said he spent time driving around the small boat harbor area and speaking the local business people. Calhoon said most people he spoke with were more concerned about parking and building designs and not as concerned about height restrictions. Calhoon did not think it would make a difference to the view whether a building was a two or three stories high. Motion passed. Unanimous. Resolutions Requiring Public Hearing Resolution 99 -151, approving up to $3,000,000 of City of Seward, Alaska Nonrecourse Grant Anticipation Notes, 1999 (Alaska SeaLife Center project) to pay operating expenses of the Alaska SeaLife Center and to pay principal and interest on the city's revenue bonds, 1996 (Alaska SeaLife Center project); and providing for related matters. Motion (King /Shafer) Approve Resolution 99 -151 Janke introduced the topic by stating the city is still reviewing financial documents provided to the city by the Alaska SeaLife Center. It is the administration's intent that, following a public hearing, the public hearing be continued to the November 22 meeting and the resolution postponed for any action until that time. Janke said the city needs to finish an analysis of the financial report, City of Seward, Alaska City Council Minutes November 15 1999 Volume 35, Page 105 and there will be additional information in the next council packet to assist the council in reviewing the Alaska SeaLife Center's request. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Bob Satin, 425 Fourth, expressed his belief that with the right management and sound policies the Alaska SeaLife Center can, and would be, a world leading research, rehabilitation and public education center. Satin stated the Alaska SeaLife Center has added valuable jobs to the Seward economy and that most startup businesses go through several years of teething trouble. Assuming that the federal grant funds will allow the facility to use these funds for operating expenses, and based on better financial information, Satin spoke in favor of the issuance of the requested $3 million anticipatory note. In return for such support, Satin requested two additional seats be created on the executive board of the Seward Advancement for Marine Science ( SAAMS), to include one member of the council and one member appointed by the council from the community at large. Satin concluded by stating the council should insist on more complete financial disclosure. And this financial disclosure should include an operating cost reduction plan. In conclusion, Satin criticized the Alaska SeaLife Center for shifting its purchases away from the local market to out -of -town markets in response to local merchants being unable to afford to wait one hundred and twenty days prior to payment for services or goods. Bob Valdatta, 528 Fifth Avenue, wondered where all the expenses and costs are coming from? Is it electricity expenses, or water expenses, or is it employee costs, such as an employee health care package? Valdatta said these questions, and similar questions, need to be answered. Valdatta also suggested a hydroelectric generation power plant that could generate electricity from the Lowell Canyon waterfall. Tom Klinkner, Birch, Horton, Bittner and Cherot, 1127 West Seventh Anchorage, said his law firm represents the Alaska SeaLife Center and that he was the drafter of the resolution. Klinkner said the purpose of tonight's public hearing is to meet a federal tax code requirement, which requires a public hearing prior to the issuance of tax - exempt bonds that would benefit a non - profit corporation, such as the Alaska SeaLife Center. Klinkner added that a complete financial package would come back before the council after there is final approval from Congress and the Alaska SeaLife Center has an opportunity to meet with investors to develop a complete financial package. At that time, after financial terms are structured, a complete financial package will come back before the council. Klinkner doubted the Alaska SeaLife Center would have a financial package ready to present to the council for the November 22 meeting, largely because he did not expect Congress to approve the federal budget until November 17, and suggested a financial package would be presented at the December 13 council meeting. Klinkner said all the City is being asked to contribute is the opportunity for SAAMS to finance at a tax- exempt, rather than a taxable, interest rate. Janke added there will be an executive session with the city law firm prior to the council being asked to take action on this item. No one appeared in order to be heard and the public hearing was closed. City of Seward, Alaska City Council Minutes November 15, 1999 Volume 35, Page 106 Motion (Clark/Orr) Postpone Resolution 99 -151 to the November 22 council meeting and continue the public hearing at that time. Other Public Hearing Items Fiscal Budget 2000 (January I - December 31, 2000) General Fund and Enterprise Funds Budgets, and Capital Budget Motion (Clark/Calhoon) Introduce and discuss the budget. Janke recapped the budget process, which included departmental meetings, council work sessions (which addressed budget items in detail), and now a public hearing today and one planned for November 22. Revenue assumptions include an approximately ten percent increase in property tax revenue, a fifty percent reduction in state revenue sharing and safe community money, and no increase in tax rates or user fees. Some budget highlights include a Parks and Recreation budget increase of $50,800 increase, which is based on a $50,800 grant from the Alaska Vocational Technical Center ( AVTEC) to allow the Parks and Recreation Department to run the recreation programs at AVTEC. An increase of $48,000 in revenue to the Parks and Recreation Department mainly as a result of expected camper fee collections. An $6,300 increase in general fund revenues because a state library grant is going directly into the general fund. Expenditure assumptions include a ten percent increase in health insurance costs, and an increase from 7.09 to 7.23 percent in Public Employees Retirement System (PERS) expense. Some additional budget item highlights included: - No new vehicle purchases in the Calendar Year 2000 budget; - All departments have combined operating and office supply line items; - Legislative division increased to more accurately reflect costs of commissions; - Eliminated Community Development Director position and added Planning Aide position; - Community Development includes $20,000 for appraisals of leasehold property, which must be done every five years; - Contributions include $20,000 for Chamber of Commerce; - Water /Sewer Fund will be replacing up to five fire hydrants per year for Fire Department; - General Fund Public Works Departments have been rolled up so there are only three divisions: Roads & Streets, City Shop and Snow & Ice; - Parks and Recreation includes new division - $50,800 for AVTEC grant program; - Parks and Recreation includes $20,000 for 4th of July security services; - Parks and Recreation includes $8,000 to Replacement Fund for eventual replacement of snow plow; - Police Department includes $3,000 for officer reserve program; - Municipal building includes $20,000 to repair stucco on community center building and to mitigate flooding problems at that site (carried over from prior year); City of Seward, Alaska City Council Minutes November 15 1999 Volume 35, Page 107 - Retirement line item includes one -third of PERS Retirement Incentive Program costs for retired /retiring employees. Janke concluded by noting the following changes since budget workshops: - 2.5 percent COLA (cost -of- living adjustment) along with a one -year freeze to step increases for all employees; - Decrease the Fire Department Budget $18,000 for the alarm system and an additional $17,500 for the dive team; - Decrease the Engineering Budget $1,500. Controller Kris Erchinger gave a thirty- minute budget overview, responding to questions as they arose from both council members and the audience. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Bob Valdatta, 520 Fifth Avenue, said there should be money set aside to pave a section of Lowell Point Road so as to restrict the amount of dust in the air and Nash Road should be upgraded. Bob Satin, 425 Fourth Avenue, said it appeared retained earnings interest income is being used to balance the electric fund and the council should pay attention to this issue. No one else appeared to be heard, and the public hearing was closed. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 99 -152, approving CRW Engineering Group, as the engineering firm for Forest Acres Water & Sewer System Modeling project, for an amount not to exceed $118,700. Motion (Clark/Shafer) Approve Resolution 99 -152. Blatchford noted there was an updated version of Resolution 99 -152 before the council, and Clark and Shafer said their motion incorporated the updated version of the resolution. The updated resolution incorporated an amendment identifying the correct financial accounts. Motion passed. Unanimous. Janke gave the administrative overview, stating this issue is now before the council in response to a workshop with the council. Janke added he thought the city could use this engineering plan to help get additional grant funding to do the construction. In response to a question from Orr, the funding for the project will come from the Water and Sewer Retained Earnings Fund. And in response to a second question from Orr, Janke said this City of Seward, Alaska City Council Minutes November 15, 1999 Volume 35 Page 108 resolution is part of a master plan for the whole area and this portion of the plan is for pre- engineering work. In response to a question from Shafer, Calvert said the project should be concluded by late January or early February. Orr stated that $119,000 seemed like an awful lot of money for two months work. In response, Calvert explained, by referring to CRW's proposal, how CRW identified what the company will do for the money. Motion passed. COUNCIL COMMENTS Unanimous. Shafer noted the past weekend was a real exiting and it was real nice to see everyone out at the Port City Players' performance of "Play On" and at the Hotel Edgewater's wine- tasting event. King thanked Representative Gary Davis for coming to the community to join us for our meeting this evening. King also spoke in favor of funding for both AVTEC and Spring Creek Correctional Center. Clark thanked Representative Davis and reiterated King's concerns over state funding. Clark thanked Controller Erchinger for her budget presentation. Orr thanked Representative Davis for coming to Seward. Orr also noted that one of the items passed on the consent agenda was the support of continuation of home porting the M/V Tustumena in Seward. Calhoon said he, Shafer, and Assistant City Manager Schrock attended the Centennial Commission meeting and noted that Seward's Centennial will be a wonderful opportunity to make the year 2003 an outstanding year for our community. Blatchford thanked Jim Collman for his efforts in getting a good turnout for the Small Boat Harbor hearing in Anchorage and thanked Rep. Gary Davis for sitting in on the meeting. CITIZENS' COMMENTS Bob Valdatta, 528 Fifth Avenue, noted a lot of community members and organizations were not at the centennial meeting and suggested better publicity to help get the message out. Jim Collman, 609 Fourth, Seward, spoke about capital improvement and infrastructure costs, noting he had first hand experience from the Seward Small Boat Harbor in learning how infrastructure can fall apart when it is not funded. Collman encouraged the council to fully fund depreciation costs and to maintain the city's infrastructure. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes November 15, 1999 Volume 35 Page 109 t Janke thanked all the city hall employees, particularly the finance department, for their hard work and long hours in putting the budget together. ADJOURNMENT The meeting was adjourned at 10:20 p.m. t Patrick Reilly City Clerk (City Sea]) S ° pKl'Qt����Q . ` • 1 A T • 4. N ; � rz 1 1 1 Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35, Page 110 Call to Order The November 22, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening Ceremony Chief Chapman led the pledge of allegiance to the flag. Roll Call There were present: Edgar Blatchford, presiding, and David Brossow Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Kris Erchinger, Controller Patrick Reilly, City Clerk Absent Jerry King, excused. Special Orders, Presentations And Reports Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke reported the Electric Department is nearly caught up on a long list of items, with Marathon II and Oak Street Subdivision electrical installations complete. The Communications North building in the Seward Marine Industrial Center (SMIC) area is up, with water and severer services to the location, and electric services to be on site soon. A playground has been installed on Ballaine Blvd., and the playground will be open next spring. Christmas tree lighting ceremony will take place on Wednesday, November 24, at 5:00 p.m., with the Mayor officiating the lighting ceremony. City of Seward, Alaska City Council Minutes November 22 1999 Volume 35, Page 111 t Spenard Building Supply has made a lease proposal to the City for use of land in the SMIC area, and Janke said he will continue going over the details with the Company and will then bring the proposal to the Council. Along with Mayor Blatchford, Janke said he attended the Resource Development Council conference in Anchorage and found the meetings to be well attended and productive. Janke concluded by commenting he is becoming more concerned with deregulation of electric utilities in Alaska, and the City Administration will spend resources studying this and the possible impact on Seward's electric utility. City Attorney's Report. None. Other Reports, Announcements and Presentations. None. 1 Citizens' Comments on Agenda Items Not Scheduled For Public Hearing And Items Other Than Those Appearing on the Agenda. Jim Collman, 609 Fourth Avenue, Seward, on behalf of the Seward Boat Owners Association, expressed concerns on Ray's Waterfront expansion to the east over the harbor waterfront. This expansion would cause additional parking shortages. Also, any expansion over the harbor would negatively impact the safety of large vessels that would try go past the area, particularly if there are high wind conditions or vessel operators not paying attention. Jim Collman, 609 Fourth Avenue, Seward, on behalf of the Seward Boat Owners Association, expressed concern about Jim Pruitt's request for expansion of his Gateway Texaco lease on the north side. Since there is no parking plan for the harbor area, any expansion at this time will only complicate matters. Collman suggested moving the parking entrance and exits to the north, this would lessen congestion and there would be no need to take up a twenty -five foot swath on the north side of the Texaco building. Pat Sterling, small boat harbor, spoke against Ray's Restaurant expansion over the harbor area. Any expansion over the waterfront would detract from the view of those who walk along the dock. The harbor should be reserved for boats, not buildings jutting into the harbor. Pat Sterling, small boat harbor, also spoke against Jim Pruitt's expansion of the Gateway Texaco station, stated there should be no difficulty for a fuel truck to deliver fuel with the current parking configuration right now. Sterling asserted Pruitt purposely overbuilt on his leased land, in an effort to get more land from the City. Because of the parking shortage in the area, the Council should deny expansion at this time. Approval of Agenda and Consent Agenda I Motion (Clark/Calhoon) Approve the Agenda and Consent Agenda. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35 Page 112 The Clerk read the following approved consent agenda items: Resolution 99 -163, authorization to issue a fireworks permit to the Chamber of Commerce for their fireworks display in accordance with Seward City Code 10.10.040(A) for the night of December 31, 1999. November 15, 1999 regular meeting minutes. Public Hearings Resolutions Requiring Public Hearing Janke noted the council received a list of revisions to the budget, and the revisions were the outcome of public meetings with the Council. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Pat Sterling, small boat harbor, said the cost of general government numbers was going sky high, particularly in the areas of city manager - a fifteen percent increase, city clerk - an eighteen percent increase, finance - twenty percent increase, community development - ten percent increase, and this was after community development eliminated a $70,000 per year position. And finally, Sterling asserted general services had a twenty -eight percent increase. In addition, with only $138,000 going to savings, the Council will be asked to spend the savings throughout the year and there will be no savings left at the end of the fiscal year. Jim Collman, 609 Fourth Avenue, on behalf ofthe Seward Boat Owners Association, stated he supported the City Manager's goal to print a readable budget. No one appeared in order to be heard and the public hearing was closed. Resolution 99 -153, adopting the General Fund Operating budget for Calendar Year 2000. Motion (ClarkBrossow) Approve Resolution 99 -153 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Janke noted if the council desires to amend the budget to give additional support to the Chamber of Commerce, this is the time to do so. Clark said he spent considerable time reviewing the budget and noticed it was difficult to compare budgets from year to year. Clark said the performance of the administration over the last City of Seward, Alaska City Council Minutes November 22 1999 Volume 35, Page 113 t 1 t year was exemplary. Clark said he has seen hold the line budgets over the years, while still having budgets creep upward over the years. In this case, there has been a 2.5 percent cost of living allowance for city employees. Clark asked for an employee report from the administration in order for the council to see if there has been a high employee turnover. Janke added that once the budget is adopted, the finance department prints a more user friendly budget document which helps explain the approved budget. Clark said that as the city looks at new software over the next 2 -3 years, the software should be reporting management links so that both the staff and the council can find the budget more user friendly. Amendment (Orr /Calhoon) Increase the Chamber of Commerce contribution to $35,000. Brossow spoke against the motion. Brossow thought the Seward Chamber of Commerce is more in line with communities such as Soldotna, Homer, Kenai and Palmer - equivalent communities to Seward, and these communities all have smaller budgets than Seward. Shafer explained that when the bed tax was approved it was with the understanding half of the funds would be dedicated to the Chamber of Commerce. In addition, supporting the Chamber of Commerce will assist the Chamber to promote and attract business to Seward. Orr agreed with Shafer's comments, particularly because the reason voters supported the bed tax was because a significant portion would be channeled to the Chamber. Orr hoped that using the bed tax money to support tourism- related industries would free up other Chamber funds that could be used to lure other industries to Seward. Brossow wondered whether future councils will move to continuously support the Chamber of Commerce with fifty percent of the bed tax, particularly since this bed tax may grow quite large in future years. Brossow concluded by adding the Chamber is the highest budgeted chamber on the Kenai Peninsula Borough and it did not need the support of the city government. Calhoon said previous fund raisers for firework shows have not been successful on a community -wide basis and in the past the Chamber had to request sizeable support from a few generous donors. Brossow inquired if any ofthe council members were members ofthe Chamber of Commerce. Clark, Calhoon, Orr all responded they Were members of the Chamber of Commerce. Blatchford said he may be a member of the Chamber, but had not paid his membership dues. Blatchford ruled the council members did not have a conflict of interest and could vote on the motion. Motion passed. Main motion passed. Yes: Blatchford, Shafer No: Brossow Absent: King Unanimous. Calhoon, Clark, Orr, Resolution 99 -154, adopting the DARE Special Revenue Fund budget for Calendar Year 2000. City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35 Page 114 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Brossow /Clark) Approve Resolution 99 -154 Brossow spoke in favor of the successful program and its continued funding. Motion passed. Unanimous. Resolution 99 -155, adopting the Parking Revenue Enterprise Fund budget for Calendar Year 2000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Clark/Orr) Approve Resolution 99 -155 Janke stated this budget will be used if the City does not put the parking contract out to a private contractor and the City continues to do parking enforcement. Clark hoped that if the City does privatize parking enforcement, there will still be sufficient revenue in the Parking Enterprise Fund for capital improvement parking projects that the City planned to do if the City managed parking enforcement. Motion passed. _ Unanimous. Resolution 99 -156, adopting the Hospital Debt Service Fund budget for Calendar Year. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (ClarkBrossow) Approve Resolution 99 -156. Clark observed that everything looks hunky -dory with the hospital debt at this time, but as the years go along there is an increasing former hospital employee Public Employees Retirement System liability that will need to be addressed. Clark added it is hoped this liability will be solved with increased sales tax revenues in future years. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes November 22 1999 Volume 35, Page 115 t Resolution 99 -157 adopting the Motor Pool Internal Service Fund budget for Calendar Year 2000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Orr /Clark) Janke reminded the council there will be no new, or used, vehicles purchased this year. 1 t Motion passed. Approve Resolution 99 -157 Unanimous. Resolution 99 -158, adopting the Water and Sewer Enterprise Fund budget for Calendar Year 2000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Shafer /Clark) Approve Resolution 99 -158. Janke reminded the council this fund is now paying back about $77,000 per year to the Capital Acquisition Fund. Motion passed. Unanimous. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Resolution 99 -159, adopting the Electrical Enterprise Fund budget for Calendar Year 2000. Motion (Shafer /Clark) Approve Resolution 99 -159 Janke said there is a significant amount of money being spent by this fund to install a large back -up generator and to clear the transmission line of trees and brush. Resolution 99 -160, adopting the Small Boat Harbor Enterprise Fund budget for Calendar Year 2000. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35, Page 116 Motion Approve Resolution 99 -160 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Pat Sterling, small boat harbor, urged that $10,000 in lobbying fees that come from the Harbor account should come from the general fund and the harbor would be better to use the $10,000 for maintenance and repair. Janke thought it was appropriate for the enterprise fund to pay for a portion of the lobbying fees required to get federal and state funding for the east harbor expansion. Shafer said that based on the fact there is now at least an extra $38,000 in the budget, above and beyond the anticipated $100,000, the council should consider giving some more money to the harbor to help shore up their budget. Orr commented maintenance and repair is not a fixed item, the small boat harbor budget would find the money somewhere in their budget to fix problems, or come back to the council if there is a need. Motion passed. Unanimous. Resolution 99 -161, adopting the Seward Marine Industrial Center Enterprise Fund budget for Calendar Year 2000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Motion (Clark/Shafer) Approve Resolution 99 -161. Janke said there is an operating transfer of $285,000 from the General Fund to help pay the debt at the north dock. Other than the current need to depend on the General Fund to pay its debt, Janke expressed optimism with new businesses such as Communications North about to open. Clark wondered if the operations and maintenance agreement for the syncrolift will change this budget, and Janke responded there will be no significant increase to this enterprise fund based on any changes to the operations and maintenance agreement. Motion passed. Unanimous. Resolution 99 -162, adopting the Seward Capital. budget for Calendar Year 2000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. City of Seward, Alaska City Council Minutes November 22 1999 Volume 35, Page 117 I Motion (Brossow /Clark) Approve Resolution 99 -162. Janke said this is the area of the budget he is most proud of This is the first time in a number of years that the City is investing in its infrastructure. Including grant monies, the City will be spending about 2.3 million dollars in capital improvements, without borrowing money through a bond sale, raising taxes, or forming widespread assessment districts. Clark congratulated the City Manager on this area of the budget, because the City is finally tackling items on the deferred maintenance list. Motion passed. Unanimous. Unfinished Business Items postponed from previous agenda Continuation of Public Hearing on Resolution 99 -151. Janke stated the Alaska SeaLife Center requested this item be postponed to December 13. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one else appeared in order to be heard and the public hearing was closed. Resolution 99 -151, approving up to $3,000,000 of City of Seward, Alaska Nonrecourse Grant Anticipation Notes, 1999 (Alaska SeaLife Center project) to pay operating expenses of the Alaska SeaLife Center and to pay principal and interest on the city's revenue bonds, 1996 (Alaska SeaLife Center project); and providing for related matters. Motion Postpone Resolution 99 -151 to the Decem- ber 13 meeting and continue the public hearing at that time. Motion passed. Unanimous. NEW BUSINESS Ordinances for introduction. Ordinance 99 -17, amending the zoning of Lot 6A, Block 17, Federal Addition, Blum Addition from Central Business District to Auto Commercial. Motion (Clark/Shafer) Introduce Ordinance 99 -17 & set public hearing for December 13, 1999. City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35, Page 118 Janke noted this item has been through the planning and zoning commission and the item is only up for introduction at this time. Motion passed. Resolutions. Unanimous. Resolution 99 -164, authorizing the city manager to enter into a contract with Dryden & LaRue for an amount not -to- exceed $178,000 to provide engineering services for upgrading diesel generation, associated equipment and building modifications and construction at Ft. Raymond Substation to support the new generation, with funding from a State of Alaska grant. Motion (ShaferBrossow) Approve Resolution 99 -164. Engineering and Utility Manager Calvert explained the City hopes to hire Dryden & LaRue, an engineering firm that has done substantial work for the City in the past and has always done an excellent job for the City. Calvert then explained the scope of the project. Motion passed. Other New Business Items Unanimous. Cancellation of the December 27, 1999 City Council Meeting. Motion (Orr /Clark) Cancel the December 27,1999 City Council Meeting. Motion passed. Unanimous. Ray and Leslie Simutis proposal to lease additional city property adjoining their existing lease (Ray's Restaurant), Lease 87 -060. Janke referred to section "C" of the nominating for public lands for lease (in accordance with Resolution 94 -101). Janke noted the land before the Council has not been previously identified as for lease, and the Council can either reject the request or send the request to the Planning and Zoning Commission for further review. In response to a question from Shafer, Janke said the eastward expansion over the harbor would not be recommended because it could interfere with the current harbor expansion plans. But administration would support some expansion northward, but not the full 25 -foot request. Orr said he might not support the expansion of the restaurant over the harbor, but might support an expansion to the north and thought planning and zoning should take a look at it. Motion (Orr /Clark) Forward request to Planning and Zoning Commission. City of Seward, Alaska City Council Minutes November 22. 1999 Volume 35. Paee 119 i n think planning n z oning should r h i Calhoon d d not p a g a d o g s ou d ev�ew the project if t did not look like the Council was going to support the project. Calhoon reminded the Council the restaurant owner did have the option to go to a second floor if they wish expand. Clark spoke against the project, largely because of comments from the public concerning parking shortages. Motion failed. Yes: Orr No: Blatchford, Brossow, Calhoon, Clark, Shafer Absent: King James T. Pruitt proposal to lease additional city property adjoining his existing lease (Gateway Texaco) L84 -043. Janke said this item is similar to the one just previously discussed, the Council has the option to dismiss the request at this point or send it to the Planning and Zoning Commission for further review. Motion (Orr/Brossow) Refer the expansion issue to planning and ' zoning for their review. Orr said there is currently a safety problem at this location, and he would like to hear what the Planning and Zoning Commission would have to offer. Calhoon spoke against sending the issue to planning and zoning, and spoke against wasting planning and zoning's time if the Council is lukewarm, at best, concerning Pruitt's request. Shafer spoke against sending the issue forward if the Council has no intention of releasing the land for lease, this would save everyone a lot of time and money. Shafer did not wish to see Pruitt spend money on engineering designs and attorney fee if the Council was eventually going to turn down the proposal. Motion failed. Yes: Orr, Blatchford No: Brossow, Calhoon, Clark, Shafer Absent: King COUNCIL COMMENTS Calhoon thanked the administration, particularly the finance department, for their effort in getting the budget finalized. Brossow thanked the City Manager, and all of the staff, that helped put the budget together. Orr was happy the budget process was concluded, particularly a budget that does not impose new taxes. Shafer commented that last year a number of community agencies spent time updating their disaster plans and was looking forward to the City presenting an updated disaster plan to the City of Seward, Alaska City Council Minutes November 22, 1999 Volume 35 Page 120 Community. Shafer said she hopes the Administration will work hard on doing a disaster drill, to include the whole community, this March or April. Clark thanked all the departments on their budgets, and although it is a million dollars greater than the last budget, this increase is in response to fixing infrastructure needs. Clark reminded the council that the City, along with the Chamber of Commerce, is working with Project Impact to make the community more aware of potential disasters and how the community should respond. Blatchford added the council had spent many hours going over the budget prior to this evening's meeting. In addition, Blatchford said that at 5:00 p.m., this Wednesday, the Christmas Tree will be lit and everyone is then free to start their Christmas shopping. Citizens' comments. Pat Sterling, small boat harbor, hoped council member Calhoon was not offended by comments Sterling made at a prior meeting when Calhoon was appointed to the council. Sterling then welcomed Calhoon to the council. Carol Chaudiere, 1129 Edge Cliff, was happy the council did not go forward with either Ray's Restaurant or Texaco Gateway proposed expansions. The proposals did not conform with the community's desires. Chaudiere said there had been previous expansions at Ray's Restaurant, and it was poor planning on their part to not incorporate into those expansion plans their current building needs. Chaudiere concluded that it was important for the council to protect the community's parking and the community's space. David Paperman, Lowell Point Subdivision, executive director of the Seward Chamber of Commerce, congratulated Janke on a such a good budget. Paperman also added the vast majority of funding for this year's fireworks demonstration will come from the private sector. And in conclusion, Paperman thanked the council for their support. Jim Collman, 609 Fourth, stated the Boat Owners Association desires to protect, and enhance, parking facilities in the harbor area. Collman recalled that in 1969 he was in Seward when the boat harbor offered a panoramic view. Collman said the City needs to look seriously at developing a parking structure to provide for parking in the boat harbor area. Dave Popkin, 519 Fifth Avenue, stated that in most coastal cities the waterfront access is in high demand. Many cities in the Lower 48 have had to buy coastal property back. Waterfront access, such as the paved biking path along the water's edge, is a great community asset. Popkin spoke about a previous small boat harbor developer who was allowed to develop their property without keeping to a commitment to build a public restroom in the area. Popkin commended the council's decision not to go forward with Ray's Restaurant expansion proposal. Popkin also expressed a concern about Ray's proposal to expand to the north because the expansion would impinge on the boardwalk ramp area. Popkin now hoped the Council will focus on the City building a parking garage to accommodate parking in the area. Additional parking would help hotels in their efforts to bring conventions to the community. City of Seward, Alaska City Council Minutes November 22 1999 Volume 35, Page 121 1 7— L _ Council and administration response to citizens' comments. Schrock responded to Shafer's concerns for community emergency response planning stating a number of city employees are members of Project Impact's Task Force. In addition, the Council recently approved a resolution to request funding for a tsunami warning and tsunami inundation program. Shafer responded to Schrock by stating the city businesses would like to be involved in the process, this will help motivate the community to be prepared in the event of a disaster. In response to Shafer, Janke said it is difficult to dedicate the staff time to develop a community wide disaster plan. Brossow spoke about how terrifying the 1964 earthquake was for the Seward Community and said it would be very difficult to prepare a community for a similar event. Blatchford hoped the administration could brief the council on the current disaster plan. Calhoon thanked Sterling for his comments and advised the public to call him if they have any questions, and added he would support putting the boardwalk around the whole harbor area. Orr, in defense of his position on the Simutis and Pruitt lease proposals before the Planning and Zoning Commission, said when a business proposer comes before the council, the council should look at it as an opportunity to get something the city may need. With the business proposals before the council, there was an opportunity to negotiate for additional harbor parking spaces, or for more boardwalk areas, and he wished the council had explored these possibilities. Adjournment. The meeting was adjourned at 9:50 p.m. t Patrick Reilly City Clerk Edgar Blatchford Mayor (City Seal) ,�� ,01110!! � SEjy�� "i oo � ` I&A .......... 4s J 6 ••oRPOZ�gTO�'.. Jp ,�l, � 1 C•r� ®��9 City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35, Page 122 Call to order The December 13, 1999 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Michael Calhoon Stu Clark Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports. Proclamations and Awards. Mayor Blatchford presented mapping awards to students in Ms. Kirstie'Leslie's fourth -grade class. Students Holly Chapman and Chloe Milton were the top award winners. Blatchford presented City Employee Sandy Sandefur an award in appreciation of her 20 years of service to the City of Seward. Blatchford recognized the Seward Seahawk wrestling team, which recently won the state championship, and presented certificates of appreciation to Eric Higbee, Sol Snyder, Ryan Pease, Brandon Davis, Darian Draper, Marc Mooter, Zack Rininger, Ben Sauer, Jim Conant, Jared Van Dreissche, Chris Eastman, Michael Gunther, Ty Stone, Steve Barnes, Bryan Thrall, Blake Varnell, Bob Ferguson, Jordan Eastman, Bryan Higbee, John Hamilton, Corbin Stirling, Luke Walker, Doug Jones, Terry Eliason, Sean O'Clair and Jena Estes. Jim Conant was congratulated for earning a state City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35, Page 123 championship in the 145 -pound weight class and Eric Higbee was honored for winning the state championship in the 103 -pound class. Borough assembly report. Assembly member O'Brien updated the Council and let them know the dog ordinance has passed. There will be a contract for the Council to vote on within the next 60 -90 days. O'Brien said Bill Popp was named president at last month's reorganization of the Assembly; O'Brien is now chairman of the finance committee and a member of the technology committee. The Assembly intends to tap into the E -Rate Program, which is a federal subsidy, to help fund $10 million in computer improvements scheduled for the borough's schools. The plan is to purchase at least 500 new computers each year for the next six years. The borough will contribute an estimated $500,000 annually toward the computer project for three years, with remaining funds coming from the school district and the federal government. O'Brien has introduced a resolution supporting the homeporting of the state ferry Tustumena in Seward. The resolution will go before the Assembly tomorrow night. City manager's report. Assistant City Manager Tylan Schrock reminded the Council that the City Manager will be on vacation until December 26. As a major supporter of the Qutecak Shellfish Hatchery, the City of Seward should be aware there are difficulties with the Alaska Department of Fish and Game and the Alaska Department of Natural Resources (DNR) with regard to the permitting process for farmers to raise geoducks and other species that currently aren't farmed. Schrock said DNR is recommending denial of all such permits. Seward's lobbyist has been working in recent weeks to get state approval for these permits. The U.S. Forest Service is operating under an executive order to put together proposals for establishing roadless areas within national forests. Kerry Martin recently attended a public meeting on this issue. Governor Knowles has expressed opposition to the federal proposal to mandate roadless areas within Chugach National Forest. The City Administration will send a letter urging local involvement in any planning effort considered by Washington, D.C. The Peninsula Clarion had a nice editorial on the Alaska SeaLife Center, highlighting the facility's role in educating the public about oceans. The Coast Guard ship Boutwell will be sailing into Seward tomorrow with approximately 150 people onboard. As host, the City of Seward invites the public to welcome the ship. City attorney's report. City Attorney Wohlforth noted Brookings and Meyen gave presentations at the Alaska Municipal Attorneys' recent meeting in Soldotna. He reviewed the prior month's activities, noting there had been work on procurement issues. He said they had reviewed SMIC lease issues on environmental pollution insurance and bond lease requirements; responded to questions on abandoned vessels, moorage collection matters and lease agreements; provided assistance on personnel matters for the electric utility; and worked on Alaska SeaLife Center litigation issues and facilitating amendments to the operating agreement. Other Reports, Announcements and Presentations. Kelly Martin's report on the All- American Road application and Scenic Byway Board update was postponed to a future meeting. City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35 Page 124 Carl Norman, Bear Lake Road, Seward, as a delegate of the Intenational Longshoremen and Warehousemen's Union (ILWU), Local 200, Unit 60, explained ramifications of the recent Alaska Railroad Corp.(ARR) decision to open its Seward dock to non -union longshoremen effective Jan. 1, 2000. This decision will negatively affect ILWU members, retirees, pensioners and widows in Seward. He requested a letter of support from the City agreeing with ILWU's opposition to the proposed changes at the RR dock. Norman traced the ILWU and ARR relationship in Seward back to 1936 when up to 200 longshoremen worked daily to unload and load cargo. Currently the cruise ship industry is the main user of the RR dock. A federal levy imposed on steel products has hurt the importation of pipe, which is the main cargo coming across the dock. When a pipe ship arrives, nearly 50 employees are hired; with cruise ships, as many as 25 people are hired. All are local -hire, he said. ILWU wages stay in the community. Norman said that won't be the case when ARR opens stevedoring to workers onboard the barges. The payroll will leave with the barges. Many Seward longshoremen will have to relocate their families. Without the hours worked by local union members, even the ILWU benefit plans cannot survive. He said more than 150 people, including 18 widows, receive union benefits. Norman said Alaska Railroad, which is owned by the citizens of Alaska, should be doing what is best for the citizens, not taking work away from our community in order to increase its own revenue. He noted that ARR has recently lowered its tariff at the RR dock in order to eliminate competition from the City of Seward at the city's North Dock. ILWU is asking the City Council for its support to keep the union in control of the RR dock, including use of the city lobbyist in Juneau. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Approval of agenda and consent agenda Motion (King/Clark) Approve the agenda and consent agenda. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 99 -165, approving a special event permit for the Seward Polar Bear Jumpoff Festival, Inc. on January 15, 2000. Resolution 99 -171, authorizing the City Manager to enter into a sixty -month lease agreement with Xerox for a new copier at Seward Community Library at a cost of $207.16 per month. Resolution 99 -172, approving Amendment 11 to the contract with Kent Dawson Company, Inc. to continue state lobbying services through December 31, 2000 at a rate of $4,166.66 per month. Resolution 99 -173, approving the continuation of a 4 percent reduction in electric bills for all customer classes except industrial services, street lights and yard lights effective from January 1, 2000 through March 31, 2000. City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35, Page 125 November 22, 1999 meeting minutes. Non - objection to liquor license renewals for the Oriental Garden Restaurant and The Wheelhouse. Public hearings Ordinances for Public Hearing and Enactment Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Ordinance 99 -17, amending the zoning of Lot 6A, Block 17, Federal Addition, Blum Addition from Central Business District to Auto Commercial. Motion (Clark/Brossow) Adopt Ordinance 99 -17. Schrock noted this item is consistent with the strategic plan and comprehensive plan and is recommended by the Planning and Zoning Commission. In response to a question from King, Schrock was unable to explain why a property owner would ask to increase zoning regulations on his property. Motion passed. Unanimous. Unfinished business Items Postponed from Previous Agenda Continuation of Public Hearing on Resolution 99 -151. Schrock noted there was a work session earlier this evening on this resolution and on Resolution 99 -174, which will be discussed later in the meeting. Both resolutions are linked and part of the process that will secure funding for the Alaska SeaLife Center (ASLC). The President has signed a bill that approved $5.5 million in funding for the ASLC. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Carol Chaudiere, 1129 Edge Cliff, asked about the time schedule for transfer of the $5.5 million in federal funds. She wondered if it was possible to calculate the interest payment that would accumulate before the $3 million note was paid in full. City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35 Page 126 No one else appeared in order to be heard and the public hearing was closed. Resolution 99 -151, approving up to $3,000,000 of City of Seward, Alaska Nonrecourse Grant Anticipation Notes, 1999 (Alaska SeaLife Center project) to pay operating expenses of the Alaska SeaLife Center and to pay principal and interest on the city's revenue bonds, 1996 (Alaska SeaLife Center project); and providing for related matters. Motion (Clark/King) Approve Resolution 99 -151 Schrock noted there is no exact deadline when the money will be transferred from the federal government. City Attorney noted this resolution is required to allow a tax - exempt bond sale if there is a need to go tax - exempt. Wohlforth also noted SAAMS attorney Tom Klinkner is available in the audience if the council has any questions. King wanted to clarify any public misconception and noted that the Seward Association for the Advancement of Marine Science ( SAAMS) is not borrowing this money from the City, nor does the City have to repay the grant anticipation note. Motion (King /Shafer) Approve Resolution 99 -151 Motion passed. Yes: Blatchford, Calhoon, Clark, King, Orr, Shafer No: None Abstain: Brossow New business Resolution 99 -166, accepting the proposal for boardwalk lease site number 6 from Orca Enterprises (owner Jack Scoby), in the Seward Small Boat Harbor area, and directing the City Manager to negotiate a lease for the site. Motion Shafer/Brossow) Approve Resolution 99 -166 Schrock said the City had received one proposal after going to a request for proposals for the Lions Club boardwalk lease site. The Orca Enterprises proposal from Jack Scoby was both responsive and responsible, as well as consistent with the harbor management plan, so the Administration recommends approving the negotiation process. Shafer noted the Lions Club has decided it does not want space in the new building for selling bait during the silver salmon derby. In response to a question from Orr, Orca Enterprises will be responsible for the boardwalk lease site upgrades. Shafer said the Administration is working with some of the other lease holders to extend the payment schedule on their assessments to 15 years because it was initially understood the assessment would be $8,500 — an amount that has now increased to $26,000. City of Seward, Alaska City Council Minutes December 13 1999 Volume 35, Page 127 Motion passed. Unanimous. Resolution 99 -167, authorizing the City Manager, as the official representative ofthe City of Seward, to apply for a $1.5 million economic development grant from the Economic Development Administration (EDA) for the East Harbor Expansion Project. Motion (Orr/King) Approve Resolution 99 -167 Schrock said the resolution fulfills requirements in the preapplication stage for the grant, which requires local government support of the project and authorization of the City Manager's signature on the application. In response to a question from Orr, Schrock explained the East Harbor Expansion will cost about $13 million, of which $4 million will come from the Corps of Engineers for breakwater and navigation. As project sponsor, the City will fund the remaining $9 million. For its share, the City has requested $3 million from the state; is considering a $3 million revenue bond; and is applying for $1.5 million from EDA. Motion passed. Unanimous. Resolution 99 -168, approving Amendment 1 to the professional services agreement with Mikunda, Cottrell & Co., extending the agreement to perform the external audit services for the City of Seward for the six -month period ending December 31, 1999 for an amount not to exceed $37,600. Motion (Clark/Calhoon) Approve Resolution 99 -168 Schrock said the City has been happy with the services provided by Mikunda, Cottrell & Co. and would like to exercise the first of two agreements to the original three -year contract. Schrock said the firm's cost as well as service has been very good for the City. Blatchford noted the audit had been the topic of a work session prior to the council meeting. Motion passed. Unanimous. Resolution 99 -169, approving amendments to the legal budget for the six -month period ending December 31, 1999. Motion (Clark/Shafer) Approve Resolution 99 -169 Schrock explained when the City set up its six -month budget it had split out SMIC from the Harbor Enterprise Fund, but had failed to create a legal budget for the new SMIC Enterprise Fund. SMIC has incurred some legal charges, the most notable being the uplands work policy developed through the Port and Commerce Advisory Board and the syncrolift maintenance operating agreement that will be on the agenda later tonight. Orr asked if it would be possible to transfer funds from within the legal budget instead of taking money from the General Fund. In response, Gifford said the City Manager has authority to City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35 Page 128 transfer line -item amounts within funds, but when there is a transfer from one fund to another, the Council has to approve the transfer. Motion passed. Unanimous. Resolution 99 -170, approving a temporary extension, to January 31, 2000, of the Shiplift Maintenance and Operating Agreement between the City of Seward and Seward Ship's Drydock, Inc. Motion (Clark/Shafer) Approve Resolution 99 -170 Schrock noted the shiplift agreement expires December 31, 1999. Negotiations have been under way for some time but are not yet complete. A 31 -day extension would allow negotiations to continue so the agreement could be up for Council approval in January. Motion passed. Unanimous. Resolution 99 -174, authorizing the execution and delivery of a supplemental loan agreement related to the city's revenue bonds, 1996 (Alaska SeaLife Center project), and providing for related matters. Motion (Clark/Orr) Approve Resolution 99 -174 Schrock noted the amendment to the loan agreement was another part of the process to provide short-term funding for the ASLC as it awaits receipt of the $5.5 million federal grant. Wohlforth corrected a clerical error appearing in the resolution. Following the fifth "whereas," it should say that SAAMS may borrow such amount "in anticipation" of grant proceeds. The supplemental loan agreement completes the documentation to be authorized by the Council and allows SAAMS to obtain grant anticipation financing in the amount of up to $3 million. Tom Klinkner of Birch Horton Bittner & Cherot, representing SAAMS, said there is no firm timetable as to when the federal government will transfer the grant funds to SAAMS. Likewise, SAAMS must still determine what the grant proceeds can be expended for. Klinkner said the board thinks the grant will provide for the ASLC's cash -flow requirements over the next several months. Klinkner said SAAMS assumes that interim financing will be necessary. The best case will not require issuance of notes through the City because it will be more expeditious to issue financing directly between SAAMS and the lender on a line -of- credit basis to meet SAAMS' cash -flow needs. If that approach isn't practical, Klinkner said other options will include issuing grant anticipation notes through the City. In no case will the City need to extend its own funds, he said. SAAMS will also need approval from its bondholders and bond trustee for the grant anticipation note. Klinkner said the loan documents for the 1996 ASLC financing prohibit SAAMS from borrowing in this manner and in this potential magnitude. City approval of the supplemental loan agreement would lift that prohibition and allow the special financing, he said. Motion passed. Yes: Blatchford, Calhoon, Clark, King, Orr, Shafer No: None City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35, Page 129 I Abstain: Brossow Resolution 99 -175, accepting a proposal from, and approving a contract with, MacSwain Associates for Land Appraisal Services for an amount not to exceed $30,000. Motion (Clark/Shafer) Approve Resolution 99 -175 Schrock noted that city policy requires an appraisal of city -owned lands every five years, with the next appraisal slated for CY2000. MacSwain Associates, the only firm to respond to the RFP, is a qualified bidder that is both responsive and responsible. MacSwain has done the majority of the city's appraisal work in recent years. Because MacSwain's price exceeded the $30,000 amount approved in the budget, the City Manager through negotiation reduced the number of parcels to be appraised. The proposed contract calls for appraisal of all leased parcels so the City can adjust its lease rates. Also included are three optional parcels: two parcels immediately upland of the North Dock, which are relevant as the City closes the deal with Spenard Builders Supply, and the corner lots on Fourth and Adams, which the City is considering as a central drop -off point for bus, shuttle and trolley passengers. Orr wondered why the City plans to do an appraisal when the KPB tax assessors anticipate doing a total updated assessment in the City. In response, Planning Director Kerry Martin explained that all of the leases stipulate the City must appraise the property using an MAI- certified appraiser — a requirement not necessarily met by the borough tax assessors. Motion passed. Unanimous. Resolution 99 -176, a resolution of the City Council of the City of Seward, Alaska, authorizing the City Manager to appropriate $18,000 from the general fund for the purchase of a used vehicle from Anchorage Chrysler Dodge, to be used as a sander for the streets and roads department to replace the city's 1980 3/4 -ton Dodge pick -up and to appropriate $5,000 from the General Fund for a new stainless steel sand -box to be mounted in the new vehicle. Motion (Shafer/King) Approve Resolution 99 -176 Schrock said this item was added to the agenda after the newspaper deadline because there have been recent problems with the city's small sander unit and no money is budgeted for replacement of this item. Schrock noted the small sander is attached to a 1980 pickup that has "pretty much kicked the bucket." W.C. Casey, superintendent of Public Works, said the small sander is very important to sanding operations because it augments work done with the larger sander. It also allows the City to sand the downtown area without spraying sand particles on parked vehicles. After checking on used vehicles in Anchorage, Casey said two pickups were under consideration: a 1997 Chevy 4X4 1 -ton with a 350 V -8 gas engine with 35,000 miles at a cost of $18,000 and a 1993 Dodge 4X4 3/4 -ton with a 5.2 liter V -8 diesel engine with 28,000 miles at a cost of $10,500. Because the Dodge had been used for snow plowing, Casey recommended the City purchase the Chevy. He also suggested the older sander be replaced with a new stainless steel unit. City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35 Page 130 King commented about the poor condition of the current sander and the 20- year -old sand truck and believed the replacement rig is a critical life /safety issue. Schrock noted that a larger truck will mean the City can add a fuel tank and use it as a fuel truck in the summer. In response to a question from Shafer, Casey said a new sander costing $4,700 could arrive within one to two weeks. Reilly said changes made to Resolution 99 -176 since distribution of the council packet had been posted at the Post Office, Harbormaster's Office and City Hall. The amount to be expended on the pickup was increased from $15,000 to $18,000. The pickup is to be purchased from Anchorage Chrysler Dodge. The $23,000 for the pickup and sander unit is to be appropriated from the General Fund. Shafer and King said they had no objections to substitute Resolution 99 -176. Motion passed. Unanimous. There was no objection to Shafer's request to add discussion of the Seward Longshoremen letter of support as an item under new business. Other new business Appointment of Planning and Zoning Commissioner applicant Lynn Hohl. Motion (Clark/Calhoon) Motion passed. Motion (Clark/Shafer) Appoint Lynn Hohl to the City Planning Commission to fill a vacancy that expires February 2002. Unanimous. Send a letter to Alaska Railroad expressing support for members of lLWU Local 200, Unit 60 and their work at the Seward dock Shafer said she agreed with the points made by ILWU delegate Carl Norman earlier in the meeting. She said the City should write a letter in support of the ILWU to be sent to ARR officials. Orr spoke in favor of supporting the ILWU because it is important to protect what the community already has. He said a letter of support will assist in this process. Orr also stated the City is negotiating with Spenard Builders Supply, which puts the City in direct competition with the railroad, and on that basis the Council may wish to refer the issue to the Administration. Calhoon agreed with Orr, and spoke in favor of supporting the ILWU. In response to King, Schrock stated the City has not addressed the issue or taken any administrative position. King said he would like to protect the good - paying jobs which are in the City of Seward, and if an open dock would harm these good - paying jobs then the City should draft a letter of support. Brossow said the longshoremen have been here a long time and the City owes them a letter of support. Clark agreed there should be a letter of support. City of Seward, Alaska City Council Minutes December 13 1999 Volume 35, Page 131 t Blatchford concluded the Council was unanimous for issuing a letter of support. Schrock suggested an ad -hoc committee review the letter because there won't be another City Council meeting before Jan. 1. Blatchford said he would work with Schrock to write the letter. Orr asked that we copy any letter to our state senator and lobbyist. Motion passed. Unanimous. Council comments Calhoon congratulated the Seward wrestling team and thanked the elementary students for doing the Seward map project. Calhoon thought it might be a good idea to work with the Administration to explore what is going on with the railroad. Orr had no comments. t Brossow congratulated Ms. Leslie's fourth -grade class, the wrestlers, and Sandy Sandefur for twenty years of service and her planned retirement at the end of this month. Shafer said she was especially proud of the wrestlers, particularly for beating Nikiski. She wished everyone a Merry Christmas and Happy New Year. Clark congratulated Sandefur and noted she was one of the first city employees he came in contact with about 15 years ago when he was working on a computer project. He congratulated the wrestling team and wished Kerry Martin well in his retirement. Clark said Hohl will be a welcome addition to the Planning and Zoning Commission. He wished everyone a Merry Christmas and Happy New Year. King wished everyone a Merry Christmas and Happy New Year and congratulated Martin on his retirement. Blatchford offered his congratulations to the wrestling team and Sandefur. He urged letters of support for Steve MacSwain, the grandson of Seward residents and the son of former residents, who has been nominated as Athlete of the Century by the Anchorage Daily News. Blatchford then read segments from a recent positive editorial appearing in the Peninsula Clarion. Citizens' comments Bob Satin, 425 Fourth, commented about tonight's work session on the city audit, and said he had never heard an external auditor be so laudatory of the City's performance. This is extremely important because it underscores what hard - working staff we have and that our Enterprises are working well, lowering costs and increasing revenues. Satin said the City is building a capital fund to replace some of its infrastructure and he congratulated all employees and department heads for their efforts. City of Seward, Alaska City Council Minutes December 13, 1999 Volume 35, Page 132 Willard Dunham, Alder and Dimond, Forest Acres, thanked the Council for their support of the Alaska SeaLife Center. Dunham reminded the Council they area board member and there have been 40 -plus meetings this past year and the City does have a representative and an alternate on this board. Also, Dunham noted there is more to the Chugach National Forest than property in the area of the Kenai River. The comment deadline on the roadless area proposal is December 20, and it is critical to get comments in by this date. And finally, Chugach Electric is trying to get a permit for the Cooper Dam, and there are a number of rainbow fishermen who are trying to dismantle the dam. Council and administration response to citizens' comments Schrock thanked Sandy Sandefur for her work for the City and thanked Kerry Martin even though Martin did not wish any formal acknowledgment. Adjournment The meeting was adjourned at 9:40 p.m. Pa rick Reilly City Clerk Edgar Blatchford Mayor (City Seal) • • '*i .• y per SEyr,� ; V :•'�Ao 0 w.a�' O S E L `�yC9e "k�,,