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Home My WebLink About2000 City Council MinutesCity of Seward, Alaska City Council Minutes January 10, 2000 Volume 35, Page 133 Call to order The January 10, 2000, special meeting of the Seward City Council was called to order at 7:00 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 Michael Calhoon Stu Clark Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent were: None. Citizens' comments on agenda items not scheduled for public hearing None. Approval of special meeting agenda Motion (Clark/Calhoon) Approve the Special Meeting Agenda. Motion Passed. Unanimous. New business Discussion of the City Manager's and the City Clerk's salary. City of Seward, Alaska January 10, 2000 City Council Minutes Volume 35, Page 134 Motion (Clark/Orr) Go into executive session to discuss the City Man- ager's and the City Clerk's salary. Motion passed. Unanimous. The council went into executive session at 7:05 p.m. and came out of executive session at 7:25 p.m. Council comments None. Citizens' comments None. Council and administrative response to citizens' comments None. Adjournment The meeting was adjourned at 7:25 p.m. f' . atrick Reilly City Clerk Edgar Blatchford Mayor n 0 City of Seward, Alaska City Council Minutes January 10 2000 Volume 35, Page 135 Call to order The January 10, 2000 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 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 Colleen Kullander gave an update on the upcoming 15' Annual Polar Bear Association Festival. Kullander introduced Peter Polar Bear and Suzie Sea Otter. In addition to the traditional jump -off into the bay, Kullander outlined the various other events scheduled for the weekend, including: bachelor/bachelorette auction, parade, oyster slurp contest, waiter /waitress contest, karoake contest, pool tournament, goofy golf, etc. Kullander reported a summary of the widespread publicity the Polar Bear Festival is receiving. During the last 14 years, $400,000 has been raised for the American Cancer Society, and the Polar Bear with Cancer Program has assisted 26 children and contributed $28,000 to the Kenai Peninsula children. The Council thanked the polar bear folks for all the time they put into this successful event. Proclamations and Awards. None. Borough Assembly Report. None. City of Seward, Alaska City Council Minutes January 10, 2000 Volume 35, Page 136 City Manager's Report. In addition to a written report in the council packet, City Manager Janke noted Frank Irick no longer wished to own the Jesse Lee Home and the city now needs to consider continuing a foreclosure process to regain ownership of the property. The administration is busy putting together bid packages in order to allow construction project bids to be let early for the summer capital construction projects. Janke met with Spenard Builders Supply, and stated there are some legal concerns over possible tax restrictions on how the North Dock can be utilized since it was originally built with general obligation bonds. Assistant City Manager Schrock updated the council concerning a pre- application meeting with the Division of Governmental Coordination on the North Forest Acres /Japanese Levee Project. Janke added Mayor Bagley will be in Seward to tour AVTEC and to meet with the Mayor. In response to a question from Shafer, Janke said there are opportunities for both the private sector and governments to apply for historic preservation grants. As far as the Jesse Lee Home is concerned though, Janke said an engineering report raised concerns about the structure of the building. Also, in response to a second question from King, Janke stated the Chief of Police manages the animal control contract and Chief Chapman is reviewing a letter alleging poor performance with the animal control contractor. City Attorney's Report. Meyen stated the law firm has worked on an ordinance amendment for an alcohol permit, several lease amendments, including renewal of the operations and maintenance of the Seward Marine Industrial Center shiplift, in addition, there is ongoing legal work concerning bond issues pertaining to the North Dock facility. Other Reports, Announcements and Presentations. Port and Commerce Advisory Board President Ron Long gave the annual update. In addition to the report outlining board activities in the last six months, Long welcomed new board members Ron Wille and Melody Jordan. Kelly Martin gave an update on the Seward Highway Corridor Partnership Plan Board. Martin noted the City of Seward is just one of numerous entities involved with the All American Road application and Scenic Byway designation. Martin said there were only 53 National Scenic Byways, with the Seward Highway as one of them, and only nine All America Road designations. 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. Collman, as representative of the Seward Boat Owners Association, spoke favorably of the Port and Commerce Advisory Board. On another topic, Collman reported on articles concerning development of the shiplift in Ketchikan and how well the Ketchikan shipyard is doing, which is in contrast to a time when the Ketchikan shipyard was hurting financially. Kelly Martin, Second Avenue, encouraged the council to preserve the Jesse Lee Home and spoke against it ever destroying this Alaska historic landmark. City of Seward, Alaska City Council Minutes January 10 2000 Volume 35, Page 137 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 2000 -006, accepting a grant from the Alaska Department ofEnvironmental Conservation for the purpose of financing hydraulic analysis and modeling of the municipal water system. Resolution 2000 -008, supporting the Wesley Rehabilitation and Care Center request for a State of Alaska Department of Transportation and Public Facilities grant for the purchase of a new van with wheelchair lift. December 13, 1999 meeting minutes. 1 t Non - objection to liquor license renewals for the Three Bears Package Store and BPO Elks Lodge #1773, Club License. Public hearings None. Unfinished business None. New business Resolution 2000 -001, appropriating $1,000 from the General Fund fund balance to close out the project fund for Emergency Shelter Supplies. Motion (Brossow /Clark) Approve Resolution 2000 -001 Director of Finance and Administrative Services Gifford gave the administrative overview by discussing the history of the account and the explanation for the current transfer between accounts to close out the project. Motion passed Unanimous. Resolution 2000 -002, amending the employment agreement with the City Manager. Motion (Clark/Brossow) Approve Resolution 2000 -002 City of Seward, Alaska City Council Minutes January 10, 2000 Volume 35, Page 138 Amendment (Clark/Brossow) Amend Section 1 to read "Janke shall be paid at the rate of $80,765 per year until May 1, 2001. The City Council agrees to review Janke's salary annually prior to adoption of the City's fiscal budget in December; and" Clark explained that this was the language discussed in the executive session that was held prior to this evening's meeting. King explained that with passage of this resolution, the City Manager will now get the same increase as other city employees and a salary freeze for the next 18 months. Amendment passed Unanimous. Motion passed Unanimous. Resolution 2000 -003, amending the employment agreement with the City Clerk. Motion (ClarkBrossow) Approve Resolution 2000 -003 Amendment (Clark/Shafer) Amend Section 1 to read "Reilly shall be paid at the rate of $52,767 per year until July 1, 2001. The City Council agrees to review Reilly's salary annually prior to adoption of the City's fiscal budget in December; and" Clark explained. that this was the language discussed in the executive session that was held prior to this evening's meeting. King explained that with passage of this resolution, the City Clerk will now get the same increase as other city employees and a salary freeze for the next 18 months. Amendment passed Unanimous. Motion passed Unanimous. Resolution 2000 -004, closing out the Harbor Boardwalk Lease Improvements Capital Project and appropriating funds. Motion (Shafer /Clark) Approve Resolution 2000 -004 Janke noted this resolution closes out the project, for accounting purposes. The actual projected was completed about a year ago. Shafer noted the original cost for the water and sewer was about $8,000 with no mention of the boardwalk improvement costs. It was Shafer's understanding the leaseholders will pay the City of Seward, Alaska City Council Minutes January 10 2000 Volume 35, Page 139 L7 1 additional amount on the lease in exchange for a 15 -year, interest -free lease and no new appraisal that could increase lease rates until 2005. Shafer said the proposed lease payments were practically triple the original estimate given to the leaseholders. Janke stated that when he arrived the project was long under way, but the leaseholders were not fully aware of their costs for this project. In response to this situation, Janke met with leaseholders and negotiated a revised contract. Although no one is real happy about increased payments, it was understood that the proposed agreement was the most fair method to accommodate everyone. Amendment (Clark/Shafer) Amend the fourth Whereas clause by changing the agreement term from a ten -year period to a fifteen- year period. Amendment passed Unanimous. King complimented the administration on negotiating the agreement and stated he did not receive any phone calls with complaints from any of the leaseholders, and this was a real accomplishment. Motion passed Unanimous. Resolution 2000 -005, authorizing certain lease agreements relating to the boardwalk property in the Small Boat Harbor. Motion (Brossow /Clark) Approve Resolution 2000 -005 Meyen noted there will be some minor technical word changes on pages 31 and 32 of the packet, Exhibits B and C. The council gave unanimous consent to any legal technical changes. Motion passed Unanimous. Resolution 2000 -007, authorizing the City Manager to reappropriate funds to pay for the sand- box that was funded, ordered, but not received in the last budget year. Motion (Calhoon /Clark) Approve Resolution 2000 -007 Janke stated the sand -box was not purchased before December 31, 1999, and therefore there is a need to reauthorize the purchase of the sand -box and reappropriate funding. Motion passed Unanimous. Other New Business Items Continuation of the Port and Commerce Advisory Board through January 8, 2001. City of Seward, Alaska City Council Minutes January 10, 2000 Volume 35 Page 140 Motion (Clark/Orr) Continue the Port and Commerce Advisory Board through January 8, 2001. Shafer and Clark said the board does a lot of work and it is comprised of a lot of good board members. Janke said the administration works well with the board, and the administration routinely presents topics to the board for their input prior to presentation of the topic to the City Council. Motion passed. Unanimous. Scheduling work sessions. Work sessions were scheduled to discuss the proposed Shiplift Maintenance and Operating Agreement between the City of Seward and Seward Ship's Drydock, Inc.; Parking Management; and a proposed Memorandum of Understanding between the State of Alaska and the City of Seward for 4th of July beach. Council comments Brossow spoke favorably about the Chief of Police report in the council packet that highlighted a very good program whereby cell phones that are no longer active can be used to dial 911 in the event of an emergency. Calhoon thanked the Port and Commerce Advisory Board for all their work and Kelly Martin for her work. Calhoon wished everyone a good Polar Bear Jumpoff weekend. Calhoon concluded his comments by congratulating Scott Janke and Dawn Hunziker on their marriage on December 31. Shafer acknowledged Manager of Engineering and Utilities Director Calvert for his department's efforts in building eagle perches on the telephone poles. Shafer just watched a T.V. report on a new channel and it was a very positive piece. In addition, Shafer thanked the Port and Commerce Advisory Board for the hours of hard work they dedicate to our community. Orr stated that last year there was a public process concerning the skateboard park, and some of the comments included getting a better skateboard park. Orr spoke in favor of gathering the community behind a new and improved skateboard park and suggested starting community meetings on this issue. King thanked the Chamber of Commerce and the businesses that donated fireworks for this year's New Year's celebration. King also congratulated Janke and Hunziker on their recent marriage. Clark thanked Calhoon for filling in for him at the last couple of Planning and Zoning meetings. Clark gave a Planning and Zoning report. Clark concluded his remarks by congratulating Janke and Hunziker on their marriage and complimented King on the performance of the marriage ceremony. City of Seward, Alaska City Council Minutes January 10 2000 Volume 35, Page 141 L Blatchford invited the community to share ideas about how to improve the quality of life in the Seward area. The meeting was scheduled during lunch hour at the Alaska SeaLife Center. Citizens' comments Jim Collman, 609 Fourth Avenue, stated the Seward Boat Owner's Association has scheduled its annual meeting this Saturday, January 15, at the Rae Building at 5:00 p.m. The Association has invited the Seward Mayor and the Kenai Peninsula Borough Mayor to speak. The general public was invited to attend. Collman spoke in favor of a proposal to organize a jazz and blues train to Seward. Ron Long, Camelot Subdivision, on behalf of the Port and Commerce Board said he appreciated the kind words from the council. Council and administration response to citizens' comments None. I I Adjournment The meeting was adjourned at 8:53 p.m. y Q Patrick Reilly City Edgar Blatchford Mayor .. Erb. � OFta a •. 11 M S � • P�o�q ` ... fi t••• p�'o��. City of Seward, Alaska City Council Minutes January 24, 2000 Volume 35 Page 142 Call to order The January 24, 2000, regular meeting ofthe 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 Michael Calhoon Stu Clark Jerry King Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent David Brossow, excused. Nathan Orr, excused. Special orders, presentations and reports Proclamations and Awards. A proclamation supporting World Peace Day on January 25, 2000. Mayor Blatchford read a proclamation recognizing Aubrey Smith for making the World Junior Championship U. S. Ski Team, and wished her well in the upcoming competition in the Czech Republic. Borough Assembly Report. None. City Manager's Report. City Manager Scott Janke updated the Council about the vision board which is now on display at city hall. January 27 there will be a Centennial Committee meeting held at the Chamber of Commerce building. Janke reported on the meeting he attended with Mayor Blatchford, in Vancouver, Canada, to discuss a proposed railroad link between Canada and Alaska. City of Seward, Alaska City Council Minutes January 24, 2000 Volume 35, Page 143 Janke will be in Juneau Wednesday and Thursday, January 26 and 27, to testify before the State House Transportation Committee in support of amending the state marine fuel tax and concerning Alaska Vocational Technical Center funding. Assistant City Manager Tylan Schrock will attend the Alaska SeaLife Center board meeting in Anchorage on January 26. Kenai Peninsula Borough Mayor Bagley visited Seward on January 14 and 15, and the City Administration reviewed issues that are of interest to Seward and the Kenai Peninsula Borough, particularly the marine fuel tax and municipal revenue sharing. Bagley toured the Alaska Vocational Technical Center with both Janke and Blatchford. Janke updated the council on the Jesse Lee Home by stating the City Administration was still developing all of the legal options available to the council, and the fiscal implications of each option. City Attorney's Report. None. Other Reports, Announcements and Presentations. Dennis Lodge, Prince William Sound Regional Citizens' Advisory Council (PWSRCAC), updated the council on recent issues of concern to the PWSRCAC. Lodge reviewed the PWSRCAC events during the past year. Lodge, the City's representative to the board the last seven years, spoke about the proposed British Petroleum/Atlantic Richfield (BP /ARCO) merger and how it was creating some worry amongst members of the PWSRCAC. Lodge reminded the Council that Seward was the first downstream community outside of Prince William Sound to be impacted by the 1989 oil spill, and the City was still in the same position today. Lodge requested the Council send a letter urging BP -ARCO to withdraw their appeal concerning ADEC's November 2, 1999, decision, regarding Conditions of Approval for Prince William Sound Tanker Oil Spill Prevention and Response Plans. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Jennifer Roy, Box 2934, Seward, although a new employee to the Animal Shelter, Roy said she has had a lifelong background of caring for animals. Roy challenged the community to address issues of animal control, stating the City of Seward is behind the times. Roy distributed an article on animal control and encouraged the Council to read it and to commit to working positively as a community to addressing animal control issues. Dee Johnson - Hilbert, Wasilla, animal control contractor, expressed concern over allegations she had been inhumane to animals. Although the city law states animals should be put to sleep after five days, Johnson said she often took care of animals beyond this point. Numerous cats, and other animals, have been taken around town with a hope of finding a permanent home. Johnson invited council members to visit the animal shelter. Approval of agenda and consent agenda Motion (Calhoon /Clark) Approve the agenda and consent agenda. City of Seward, Alaska City Council Minutes January 24, 2000 Volume 35, Page 144 Amendment (Calhoon /Clark) Amendment passed. Motion passed. Amend the consent agenda by adding item 9(C)(1), regarding sending a letter urging BP -ARCO to withdraw their appeal concerning ADEC's Novem- ber 2, 1999, Conditions of Approval for Prince William Sound Tanker Oil Spill Prevention and Response Plans. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -012, approving an assignment of the Financial Advisory Agreement between the City of Seward and Public Financial Management, Inc. to Norwest Investment Services, Inc. Resolution 2000 -013, supporting the Seward Senior Citizens, Inc., request for an Alaska Mental Health Trust Authority and a 5310 Federal Transit Administration Elderly and Persons with Disabilities Program grant to provide funding for a van to be used in a transportation system for the Seward community. Sending a letter urging BP -ARCO to withdraw their appeal concerning ADEC's November 2, 1999, decision, regarding Conditions of Approval for Prince William Sound Tanker Oil Spill Prevention and Response Plans. Approval of the January 10 special meeting and regular meeting minutes. Council consent to the Preliminary Plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center, Communications North Addition. Public hearings A. Ordinances for Public Hearing and Enactment None. B. Resolutions Requiring Public Hearing Resolution 2000 -009, a resolution of the City Council of the City of Seward, Alaska, authorizing a maintenance and operating agreement between the City of Seward and Seward Ship's Drydock, Inc., to continue the relationship between the City and Seward Ship's Drydock, Inc., for the maintenance and operation of the Shiplift Facility through December 2004. City of Seward, Alaska City Council Minutes January 24 2000 Volume 35, Page 145 1 1 1 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 (Clark/Shafer) Motion (Clark/Calhoon) Approve Resolution 2000 -009 Postpone Resolution 2000 -009 until after a work session on this topic is held. [With a work session scheduled for February 7, this item will appear at the next regularly scheduled meeting on February 14.] Clark spoke in favor of postponement because of a need for additional information on the elements of the maintenance agreement, including more information on rates, fees, and operating plans. Shafer spoke in favor of postponement because, she too, had additional questions on the proposed agreement which should be discussed. Calhoon also stated he could use more time prior to making a decision. Motion passed. Unanimous. Council agreed to set a work session on Resolution 2000 -009 for February 7, 2000. Janke asked that written questions be submitted to the Clerk by February 1 in order for the Administration to have time to prepare firm researched answers. This method would facilitate saving time during the work session. Motion (Clark/Shafer) Approve amendment of the current Maintenance and Operating Agreement with Seward Ship's Drydock, Inc. for another thirty days. Motion passed. Unanimous. Resolution 2000 -010, a resolution of the City Council of the City of Seward, Alaska, authorizing the amendment of a ground lease between the City of Seward and Seward Ship's Drydock, Inc., dated April 25, 1995, continuing rent credits for approximately five years for deferred maintenance of the shiplift facility. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska January 24. 2000 No one appeared to be heard and the public hearing was closed. Motion (Shafer /Clark) Approve Resolution 2000 -010 City Council Minutes Volume 35. Paee 146 Amendment (Clark/Shafer) Postpone Resolution 2000 -010 until after a work session on this topic is held. [With a work session scheduled for February 7, this item will appear at the next regularly scheduled meeting on February 14.1 Motion passed. Unanimous. Unfinished business None. New business Ordinances for Introduction Ordinance 2000 -02, amending the Land Use Plan and Zoning of the westernmost 64 feet of Lot BG, Forest Acres Subdivision from Rural Residential to Single - Family Residential. Motion (Clark/Shafer) Introduce Ordinance 2000 -02 and set a public hearing on this topic for the February 14, 2000 city council meeting. Schrock gave the planning and zoning administrative overview. Schrock explained that the applicant's request, if approved, would allow for the platting of a smaller lot which could be developable in the future. Schrock directed the council's attention to the information that showed the applicant's zoning request met the consistency checklist that was implemented following adoption of the City Strategic Plan. Motion passed. Unanimous. Ordinance 2000 -03, amending the Land Use Plan and Zoning of Lot 7, Block 8, Federal Addition from Office Residential to Auto Commercial. Motion (Shafer /Calhoon) Introduce Ordinance 2000 -03 and set a public hearing on this topic for the February 14, 2000 city council meeting. Schrock explained the Planning and Zoning Commission recommended against the applicant's request. Schrock directed the council to the consistency checklist and noted that portions of the applicant's request showed inconsistency with the Comprehensive Plan, Land Use Plan, and the Strategic Plan. City of Seward, Alaska City Council Minutes January 24 2000 Volume 35, Page 147 Shafer questioned whether the applicant planned to build a building this year at the new location. Janke responded the applicant did have a building permit for a permanent structure but was uncertain whether he planned to build a restaurant this year. Motion failed. Yes: None No: Blatchford, Calhoon, Clark, King, Shafer Absent: Brossow, Orr. Resolutions Resolution 2000 -011, amending the FY 1999 six month budget by appropriating $85,876.84 from sales tax revenues to the Hospital Debt Service Fund. Motion (Clark/Shafer) Approve Resolution 2000 -011 Janke explained this resolution was required to fulfill the city's commitment to transfer one percent of the city's yearly sales tax to the hospital debt service fund. Although the city budgeted a transfer to the hospital, the amount of money attached to this resolution was an amount in excess of the sales tax receipts budgeted amount. Motion passed. Unanimous. Other New Business Items Informational Items and Reports. Janke gave the council progress report on the Strategic Plan that was adopted about one year ago. In response to a question from Shafer, Janke responded copies of the strategic plan progress report are available to the public. Council'comments King complimented the City Manager for highlighting the strategic plan which outlined the numerous city accomplishments over the last couple of years. King wondered about the policy of a five day period prior to performing euthanasia on the animals in the city shelter. King expressed a desire for the waiting period to be extended to around eight days. And King complimented Dennis Lodge for his seven years of service on the PWSRCAC. Clark complimented Lodge and also congratulated Smith for representing the United States in the World Junior Championships. Clark stated as a participant in development of the strategic plan, he was very pleased to see the "report card" and hoped there will be a ongoing effort to continue working on the goals in the strategic plan. City of Seward, Alaska City Council Minutes January 24, 2000 Volume 35 Page 148 Shafer complimented Lodge and said she felt safer knowing someone like Lodge was representing Seward. Shafer wished Smith well with her upcoming ski races and Shafer wanted everyone to root for Tennessee in the upcoming Super Bowl game. Calhoon complimented Lodge on his PWSRCAC work, and wished Smith well with her skiing ambitions. Calhoon stated he supported Lewis's efforts to build a restaurant and hoped Lewis can still go forward with his desire to build a restaurant despite the council's vote tonight. Calhoon said he felt it was important to support the Planning and Zoning Commission's recommendation against Lewis's application. Blatchford reminded the council the community will get together on February 3 for the Spirit of Seward discussion. Blatchford informed the council he will be in Juneau this coming Wednesday and Thursday, thanked Lodge for his work on the PWSRCAC. And last, but not least, Blatchford congratulated Smith on representing the City of Seward and Alaska at the upcoming ski competition in the Czech Republic. Citizens' comments Dennis Lodge, as an Alaska Vocational Technical Center instructor, updated the Council on the bid process for the new marine simulator which will be installed at the school. Council and administration response to citizens' comments Janke reminded the council that when the strategic plan was implemented, he committed to not letting the plan sit on a shelf, and tonight's update was testimony to this commitment. Adjournment Thee meeting was adjourned at 8:45 p.m. Patrick Reilly City Clerk _ i kra Edgar Blatchford Mayor tt In1nri1 1er (Ci$%f4 f SEA 0�i� `. ......... 'gjn v0, s ° p xe r ' . r SEAL � • , J,`�, OF �T,v° City of Seward, Alaska City Council Minutes February 3 2000 Volume 35, Page 149 I Call to Order The February 3, 2000, special meeting of the Seward City Council was called to order at 1:30 p.m. by Council Member Jerry King. Opening Ceremony The pledge of allegiance to the flag was recited. Roll Call There were present: Jerry King, presiding, and David Brossow Nathan Orr Michael B. Calhoon Vanta Shafer comprising a quorum of the Council; and Tylan Schrock, Acting City Manager Patrick Reilly, City Clerk Absent were: Mayor Edgar Blatchford, excused Vice Mayor Stirrat (Stu) Clark, excused Approval of special meeting agenda Motion (ShaferBrossow) Approve the special meeting agenda. Motion passed. Unanimous. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. None. New business Resolution 2000 -014, declaring a state of disaster in the City of Seward and requesting assistance from the Kenai Peninsula Borough and the State of Alaska Motion (CalhoonBrossow) Approve Resolution 2000 -014. City of Seward, Alaska City Council Minutes February 3, 2000 Volume 35, Page 1 50 Acting City Manager Schrock outlined why it was necessary to establish an emergency operations center and to ratify a decision made at 12:45 p.m. today to issue declaration of disaster /emergency for the City of Seward. Schrock explained how the City was completely cut off from road, rail and air traffic. He noted how the isolated condition had existed, off and on, since last January 25, and how since January 30, the city of Seward was bompletely cutoff. Schrock explained how primary power had been cut off since February 2, and how the city was on backup generation. Failure of the backup generation was of major concern. The Department of Transportation advised the Seward Highway has been closed indefinitely, and with the slide at mile 22, there are utility customers without power in the mile 22 -25 area. Schrock stressed the current situation was not a reason to panic, and there was no life safety concern for the citizens of Seward. Although a few families were cut off from power, efforts were being made to accommodate those folks. The current concern is that the City of Seward's resources and supplies are extremely limited and we are now forced to rely on outside resources as the situation progresses. Schrock explained that City Manager Janke was able to get on a State Trooper helicopter and would arrive in Seward later in the afternoon. In response to questions from council members, Schrock dispelled rumors that the City was running short on diesel, gas, and fuel oil, or medical supplies. The City of Seward was able to coordinate getting an additional doctor to Seward Providence, hospital medical supplies, and pharmacy supplies to Eagle Pharmacy and Seward Drug and some groceries. This was accomplished with a delivery truck that was able to travel the highway from Soldotna on Wednesday night. Schrock said one of the first priorities is to get the airport open this afternoon, and this would allow mail to be delivered. If anyone is in need of medical supplies, Schrock said they should contact the city and the city would coordinate with the hospital to get needed supplies to town. Schrock said the main concern would be 'the loss of the emergency generators, and if generators were to go down, folks could then contact city hall to be informed where to go. Schrock expected the power lines could take about three days to re- establish the connection to Chugach Electric Association. To complete the job, there would be a need to hire outside electrical crews to assist the Seward employees. Personnel Officer Yvette Welsh informed the council of the phone numbers for the public to use to contact the emergency operations center. Motion passed. Unanimous. The clerk said it may be appropriate for the council to ratify the administration's decision to issue the Declaration of Disaster/Emergency that was signed at about 1:00 p.m. Schrock explained the declaration was signed in advance because of the desire to coordinate with the Kenai Peninsula Borough and State of Alaska officials prior to a 2:00 p.m. emergency management meeting. Schrock added, there may be a need to amend the declaration at some time to indicate there is some flooding taking place, and if this flooding worsens this concern may become more pronounced. City of Seward, Alaska City Council Minutes February 3, 2000 Volume 35, Page 151 t t Motion (Brossow /Shafer) Motion passed. Council Comments Ratify the Declaration of Disaster /Emergency that was signed earlier today by Acting City Manager Schrock. Unanimous. Shafer, Orr, and Calhoon complimented the road crew, and other city employees who are providing city services. Calhoon reminded everyone with boats in the harbor to monitor their boats and to keep them shoveled. In addition, Calhoon appreciated how calm everyone has been the last few days and appreciated everyone's efforts. Brossow said the efforts of the city crews, and non -city crews, who were working in the storm, typified the community of Seward. Particularly how everyone pulls together in times of need. King concurred with all of the above comments and added he really appreciated the city electric crew's ability to get the power back on shortly before the Super Bowl game. Citizens' comments None. Council and administration response to citizens' comments Schrock reminded everyone there was no need to panic, and reminded everyone the reason for the declaration was to assist the city in giving the citizens access to obtaining all available resources from the borough, state and federal agencies. Adjournment The meeting was adjourned at 1:45 p.m.. t Patrick Reilly City Clerk (City Seal) Jerry King Council Member City of Seward, Alaska February 14, 2000 City Council Minutes Volume 35, Page 152 Call to order The February 14, 2000 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Edgar Blatchford. Opening ceremony City Attorney Brad Meyen led 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 Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent were: None. Citizens' comments on agenda items not scheduled for public hearing None. Approval of special meeting agenda Motion (Clark/Shafer) Motion Passed. Approve the Special Meeting Agenda. Unanimous. New business Discussion of Litigation Alternatives. t City of Seward, Alaska February 14, 2000 City Council Minutes Volume 35, Page 153 Motion (Clark/Shafer) Go into executive session for the purpose of discussing litigation alternatives. Motion passed. Unanimous. The council went into executive session at 7:02 p.m. and came out of executive session at 7:24 p.m. Council comments None. Citizens' comments None. Council and administrative response to citizens' comments None. 1 t Adjournment The meeting was adjourned at 7:25 p.m. Patrick Reilly City Clerk 1 0 11111t 1 1180 4 r • i S EAL � • e � M � A • Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes February 14, 2000 Volume 35 Page 154 Call to order The February 14, 2000 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Mike 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 Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford read a proclamation recognizing Seward Millennium baby Brandon Tyler Lynch. Lynch, the first baby born in Seward for the year 2000, was born at Providence Seward Medical Center at 9:21 a.m. January 6, 2000, weighing 7 pounds, 3 ounces. Blatchford jokingly reminded the council that Brandon will be old enough to vote in eighteen years. Borough Assembly Report. None. City Manager's Report. Janke thanked everyone for their long hours during the recent severe winter storm, particularly, the Harbor Department, the Parks and Recreation Department, the Electric Department, the Alaska Department of Transportation and the private contractors. Janke stated he met with the Federal Emergency Management Agency (FEMA), and the city's preliminary claims were well received. The claims amount to approximately one million dollars. City of Seward, Alaska City Council Minutes February 14 2000 Volume 35, Page 155 Janke spoke in support of Resolution 2000 -017, authorizing a legislative reception in Juneau on March 1 to support the Alaska Vocational Technical Center, and other City of Seward legislative priorities. Afognak Logging may get a rock contract to do the work for the Railroad dock project, and this may happen relatively soon. Janke said he was considering offering rock at the same price and terms that council approved selling rock to Afognak for the Point McKenzie Project, that is, at 50 cents /ton. Shafer questioned if any areas of the Seward Emergency Plan needed updating. In response, Janke said communications concerning opening and closing of the airport needed improvement and there was a meeting scheduled for tomorrow to address this issue. Janke said the emergency plan went well, and the plan is a good one. City Attorney's Report. Brad Meyen reported on the items the law firm handled during the past month on behalf of the city, including: reviewing various matters pertaining to preparing resolutions; procurement issues; various tease issues; ordinance revisions; issues concerning the Jesse Lee Home property; and preparation of documents for possible use with the North Dock. Other Reports, Announcements and Presentations. Kelly Martin, Second Avenue, Seward, expressed enjoyment working as a Planning and Zoning Commission these past few years and asked for the council's support in reappointing her for another term. Sherry Appel, Seward, applicant for the Historic Preservation Commission, asked for the council's support in getting an appointment to the Commission and noted she had a background in education and was eager to learn more about the history of Seward. 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 (Clark/Brossow) Approve the agenda and consent agenda. Motion passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2000 -015, a resolution of the City of Seward, Alaska, approving a special events permit by the Chamber of Commerce during the 2000 Independence Day Celebration. City of Seward, Alaska City Council Minutes February 14, 2000 [volume 35 Page 156 Resolution 2000 -019, appropriating funds through the motor pool fund for the recently purchased pickup and sander for the public works snow and ice control division, thereby repealing section 2 of Resolution 99 -176, and Resolution 2000 -007. January 24 and February 3 meeting minutes. Schedule annual joint work session with Planning and Zoning Commission for 6:00 p.m. March 15, 2000. Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -02, amending the Land Use Plan and Zoning of the westernmost 64 feet of Lot BG, Forest Acres Subdivision from Rural Residential to Single - Family Residential. Motion (Shafer /Calhoon) Enact Ordinance 2000 -02 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. Planning Technician Rachel James gave the administrative overview. James noted the Planning and Zoning Commission and the Administration recommended approval of the zoning change, subject to removal of livestock, and subdivision of the property within one year. James reviewed the consistency checklist and explained the proposed designation to Single - Family Residential was consistent with the Code Review, comprehensive Plan, and the Strategic Plan. It was not consistent with the Land Use Plan, primarily because the Land Use Plan map, which is part of the Comprehensive Plan, has identified the property as Rural Residential since 1996. The major difference between the existing Rural Residential and proposed Single - Family Residential zoning was minimum lot size. Lots in the Rural Residential district require 20,000 square feet, and the Single - Family Residential district requires 7,000 square feet. Unfinished business Public hearings Resolution 2000 -009, a resolution of the City Council of the City of Seward, Alaska, authorizing a maintenance and operating agreement between the City of Seward and Seward Ship's Drydock, Inc., to continue the relationship between the City and Seward Ship's Drydock, Inc., for the maintenance and operation of the Shiplift Facility through December 2004. City of Seward, Alaska City Council Minutes February 14 2000 Volume 35, Page 157 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Jim Collman, 609 Fourth Avenue, noted a list of questions drafted by council members, Calhoon and Clark. Collman said the council and the public will gain a real benefit from reviewing the Administration's response. In response to Collman, Shafer added she also submitted a question to the Administration. No one else appeared to be heard and the public hearing was closed. Janke clarified the February 7 work session had to be postponed because the staff was unable to devote time to this issue because of the recent winter storm. Motion (Clark/Calhoon) Postpone Resolution 2000 -009 to the February 28 council meeting and have a work session on this topic on February 22. Motion passed Unanimous Resolution 2000 -010, a resolution of the City Council of the City of Seward, Alaska, authorizing the amendment of a ground lease between the City of Seward and Seward Ship's Drydock, Inc., dated April 25, 1995, continuing rent credits for approximately five years for deferred maintenance of the shiplift facility. 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 (Clark/Calhoon) Postpone Resolution 2000 -010 to the February 28 council meeting and have a work session on this topic on February 22. Motion passed Unanimous New business Ordinances for Introduction Ordinance 2000 -04, amending the zoning of Lots 21 -23, Block 10, Laubner Addition from Single - Family Residential to Urban Residential. City of Seward, Alaska City Council Minutes February 14, 2000 Volume 35, Page 158 Motion (Clark/Calhoon) Introduce Ordinance 2000 -04, and set a public hearing for the February 28 council meeting. James gave the Administrative overview, stating Robyn and Julia Dykstra have submitted two application proposals. The applicants' preferred proposal amends the property from Single - Family Residential to Auto Commercial, and the alternative proposal amends the property to Urban Residential. James reviewed the consistency checklist and explained the proposed designation to Auto Commercial was not consistent with the Comprehensive Plan, Land Use Plan or the strategic Plan. Both the Planning and Zoning Commission and the Administration recommended allowing the property to be zoned Urban Residential. James explained the proposed zoning change to Urban Residential was consistent with the Comprehensive Plan. Land Use Plan, Strategic Plan, as well as the City Code. Orr spoke in favor of allowing the property to be zoned Auto Commercial to encourage development of business in the area. Motion passed Unanimous Ordinance 2000 -05, amending Seward City Code Title 2, Administration, relating to Planning and Zoning Commission regular meeting day. Motion (Clark/ Shafer) Introduce Ordinance 2000 -05, and set a public hearing for the February 28 council meeting. Janke explained the planning commission would like to meet on a different day, and he supports the change. Motion passed Unanimous Ordinance 2000 -06, amending the City Code Section 5.15.020, Authorized Investments, and City Code Section 5.15.035(A), Bid Provisions for Authorized Investments, to allow the City to invest funds with the Alaska Municipal League Investment Pool, Inc. Motion (Brossow /Shafer) Introduce Ordinance 2000 -06, and set a public hearing for the February 28 council meeting. Janke explained that the Alaska Municipal League (AML) Investment pool has gotten large enough that the City of Seward feels comfortable with investing city funds with the AML Motion passed Unanimous Ordinance 2000 -07, authorizing the execution of a common investment agreement among political subdivisions of the State of Alaska and authorizing the City Manager to enter into an agreement for the City of Seward to become a member of the Alaska Municipal League Investment Pool, Inc. City of Seward, Alaska City Council Minutes February 14, 2000 Volume 35, Page 159 Motion (ShaferBrossow) Introduce Ordinance 2000 -07, and set a public hearing for the February 28 council meeting. Motion passed Unanimous Resolutions Resolution 2000 -016, a resolution of the City of Seward, Alaska, supporting legislation for mortgage loans covered under the Alaska Housing Finance Corporation Housing Assistance Program to be equal among all geographic areas of Alaska within the specifications of the funding program. Motion (Calhoon /Clark) Approve Resolution 2000 -016. Janke said this resolution is very important to Seward because the current rules give a one percent reduction in interest rates to those outside city limits. The resolution supports leveling the playing field by considering Seward rural for the purpose of an interest rate reduction. Orr wondered if the Alaska Housing Finance Corporation has a definition of rural, and wondered if the Alaska Housing Finance Corporation will do away with the program because of the difficulty of defining rural. Motion passed Unanimous Resolution 2000 -017, authorizing the City Manager to hold a legislative reception to support Alaska Vocational Technical Center funding, on March 1, 2000 for an amount not to exceed $5,000 and appropriating $5,000 from the General Fund fund balance. Motion (Clark/Calhoon) Approve Resolution 2000 -017. Janke explained that during his last two trips to Juneau, one of those trips with Mayor Blatchford, he personally met with at least fourteen members of the legislature and spoke with these legislators about the Alaska Vocational Technical Center (AVTEC). Janke felt there was a strong need to continue educating the legislature about the importance of AVTEC. Janke also spoke in favor of amending the resolution to have the reception include lobbying on behalf of the city legislative priority list in addition to lobbying on behalf of AVTEC. Janke concluded by stating he had personally raised $1,700 from the local business community in support of this endeavor. Clark spoke against any amendment to the resolution because, as discussed in the Spirit of Seward meeting last week, supporting AVTEC is important and we should focus on this cause and not spread our efforts too thinly. Amendment (Orr/Brossow) Amend Resolution 2000 -017 fir the reception to include lobbying on all items on the City's legisla- tive priority list. City of Seward, Alaska City Council Minutes February 14, 2000 Volume 35, Page 160 Amendment passed. Yes: Blatchford, Calhoon, Brossow, Orr., King, Shafer No: Clark Shafer spoke in favor of helping AVTEC instructors to travel to Juneau and to help lobby on behalf of AVTEC. Janke asked that the Mayor, and at least two other council members travel with him to Juneau. In response to a couple of questions from Blatchford, Janke added AZTEC is an extremely important economic asset for the community and the school helps increase Seward's quality of life. In addition, Janke said the March 1 date was a strategic time, developed with the City Lobbyist. Motion passed Unanimous Resolution 2000 -018, authorizing the city manager to issue a purchase order to Wesco Distribution, Inc. in the amount of $24,197 for a 2500 KVA 3PH, pad- mount, stainless steel transformer. Motion (ShaferBrossow) Amendment (Calhoon/King Approve Resolution 2000 -018. Amend Resolution 2000 -018 to include the follow- ing council findings: (1) it is in the best interest of the City to issue the purchase order because there are a limited number of manufacturers of trans- formers meeting the City's specifications who can also meet the City's time con- straints for delivery and installation; (2) several potential suppliers were contacted and the City has solicited telephone and written price quotations from several man- ufacturers who can meet the City's techni- cal specifications and delivery require - ments; (3) the price of the lowest quote received ap- pears reasonable given the specifications and promised delivery date; (4) there is insufficient time to complete a lengthy bid process and obtaing a signifi- City of Seward, Alaska City Council Minutes February 14 2000 Volume 35, Page 161 t Amendment passed Amendment (Clark/Brossow) Amendment failed ' Main motion Other New Business Items 1 cantly lower price is unlikely given the lead time and the specifications required; (5) sufficient measure have been taken to protect the public interest by ensuring that the City is receiving a reasonable price and will receive a product meeting the City's specifications within the necessary time constraints; and (6) the cost of this item will ultimately be paid by benefitting utility customer. Unanimous. Delete finding six (6) from the list of findings. Yes: Clark No: Blatchford, Brossowm Calhoon, King, Orr, Shafer Unanimous. Scheduling a work session for the purpose of discussing the Upland Boat Works Policy for the Seward Marine Industrial Center, north harbor improvement project, operating and maintenance agreement for the Seward Ship, and Jesse Lee Home. The Council agreed to schedule a work session for 7:00 p.m. Wednesday, February 16 to discuss the Jesse Lee Home and North Harbor Improvement Project. The Council agreed to schedule a work session for 6:30 p.m. Tuesday, February 22 to discuss the proposed Operating & Maintenance agreement with Seward Ship's Drydock and the Uplands Boat Policy. Appointment of two Planning and Zoning commissioners to terms that expire February 2003. Motion (Clark/Orr) Appoint Martin and Griswold to the Planning and Zoning Commission with terms that expire Febru- ary 2003. Motion passed Unanimous Appointment of a Historic Preservation commissioner to a term that expires May 2002. City of Seward, Alaska City Council Minutes February 14, 2000 Volume 35, Page 162 Motion (Clark/Shafer) Appoint Sherry Appel to the Historic Preservation Commission with a term that expires May 2002. Motion passed Unanimous Appointment of a Port and Commerce Advisory Board member to a term that expires July 2000. Motion (Shafer /Clark) Extend the Port and Commerce Advisory Board application period for another month to seek additional applicants. Shafer explained she would like the application process open a little longer in an effort to gain more applicants to keep the Port and Commerce Advisory Board as diverse as possible. Motion passed Unanimous Informational items and reports Shafer complimented the Police Department on the new monthly reporting format and appreciated the new program that checks on senior citizens that are alone in our community. Council comments Brossow thanked community members for what they did in the last month, particularly the city crews. Brossow noted some of the other communities that experienced this storm did not have the level of service that Seward provided, and this is largely due to the hard work and long hours of city employees. Calhoon echoed Brossow's sentiments, by thanking all employees, from the city employees to the private sector for doing such a good job during the recent winter storm. Calhoon also thanked the Police Department for putting on such a nice Policeman's ball this year. Orr wished everyone a happy Valentine's Day. Citizens' comments Jim Collman, 609 Fourth Avenue, Seward, thought Seward was behind the times with ship repair and we should be careful to be sure environmental concerns are addressed, and thanked Shafer for her questions on this subject. Collman suggested letters of commendation to city employees could be given at this time so employees can update their resumes. As a member of the Spirit of Seward group, Collman spoke in favor of continuing adult education and drawing upon AVTEC alumni as a resource when the reception is held in Juneau. Council and administration response to citizens' comments City of Seward, Alaska City Council Minutes February 14 2000 Volume 35, Page 163 Adjournment The meeting was adjourned at 9:00 p.m. I Patrick Reilly City Clerk (City Seal) C >- , VT )LAA\_ Edgar Blatchford Mayor City of Seward, Alaska February 22, 2000 City Council Minutes Volume 35, Page 164 Call to order The February 22, 2000 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Edgar Blatchford. Opening ceremony City Manager Scott Janke 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 Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk Absent was: Nathan Orr Citizens' comments on agenda items not scheduled for public hearing None. Approval of special mneeting agenda Motion (Clark/Shafer) Approve the Special Meeting Agenda. Motion passed Unanimous. New business Motion (Clark/Shafer) Approve Resolution 2000 -021 a resolution of the City Council of the City of Seward, Alaska, ap- proving the selection of alternative 1D from the Tryck Nyman Hayes, Incorporated preliminary design study report summary and to proceed to the City of Seward, Alaska City Council Minutes February 22, 2000 Volume 35, Page 165 90% development stage with this alternative for the Seward Small Boat Harbor repair and renova- tion capital project Janke gave the Administrative overview, reminding the Council that with Resolution 99 -028, approved in April 1999, the Council adopted the proposal to renovate the North Harbor with a concrete float system and to focus the city's energies and resources into upgrading this portion of the Harbor. With the adoption of Resolution 99 -143, approved in October 1999, the Council selected the engineering firm of Tryck Nyman Hayes, Inc., to design the project for a price not to exceed $311,936. With this meeting, the Council is being kept in the process during the design phase, and asked to approve the recommended engineering design alternative. In response to a question from Blatchford, Janke said the Seward Boat Owners Association is in support of the resolution, but they, like the City, would have liked more than the $3.12 million received from the State of Alaska for the harbor improvements. In response to a question from Clark, Janke said with the passage of Resolution 99 -028, the City's goal is to focus on the improving the North Harbor as opposed to spreading the funding too thinly throughout the whole harbor. In response to a question from King, Janke said this low level engineering analysis does show two project scenarios that are approximately $500,000 over the identified funding. Janke reminded the Council there would be more accurate numbers after additional engineering work, and at that time there may be additional discussions about what work will be bid out and if there is a need to identify additional funding sources. Motion passed Council comments None. Citizens' comments None. Unanimous. Council and administrative response to citizens' comments None. Adjournment The meeting was adjourned Patrick Reilly City Clerk OF se;k SEAL J 1*' ;4t .� OF P;��''� Blatchford City of Seward, Alaska City Council Minutes February 28,2000 Volume 35 Page 166 Call to order The February 28, 2000, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Mike Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Michael Calhoon Jerry King Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent Stu Clark Nathan Orr Special orders, presentations and reports Proclamations and Awards. A proclamation was read and the ski team recognized for their Good Samaritan work when the team came upon a car accident on the Seward Highway and assisted the injured. The ski team members recognized were: Gunar Berklund, Jordan Houghton, Lucas Olive, Carol Clausen, Kelly Houghton, Brian Osborne, Erin Conant, Trent Foldager, Josyln Perry, Marion Glaser, Dom Lemas, Amber St. Amand and coaches Dennis Perry and Rich Houghton. Borough Assembly Report. Assembly Member Patrick O'Brien said the new Kenai Peninsula Borough capital improvement list has the Seward Junior /Senior High School roof at the top of the list. O'Brien said the Assembly will consider an ordinance appropriating $50,000 to promote a port authority, similar to an authority established in Valdez, in an effort to build a gas line from the North Slope to Nikiski. The Assembly is early in the budget cycle and O'Brien said he did not foresee any tax increases. In response to a question from Janke, O'Brien said the Borough does not have economic development powers within the cities and therefore there is little likelihood the Borough Administra- City of Seward, Alaska City Council Minutes February 28 2000 Volume 35, Page 167 tion could contribute financial assistance to the City of Seward to develop the Small Boat Harbor expansion. O'Brien concluded his report with an update on the Kenai Peninsula Borough Economic Development District. O'Brien said future funding from the Assembly to the Economic Development District will be a topic of discussion in the next budget cycle. City Manager's Report. Janke updated the Council on the Juneau legislative reception. A draft agenda was delivered to the Council. The agenda included a number of meetings with various legislators and state administrators. There will be an information briefing with the Federal Emergency Management Agency and with the Alaska Division of Emergency Services in the City Council Chambers on March 6. Janke said that unfortunately there had been some misunderstanding that this meeting would be helpful to the private sector that was injured by the storm. The meeting is meant to assist agencies operating a public infrastructure, such as, electric utility companies, that were injured by the storm. The Small Business Administration will have information to assist with those in the private sector, and homeowners, who are interested in loans to assist them in recovery from economic injuries as a result of the storm Janke updated the Council on progress with HB 243, which is the marine fuel tax legislation that the Administration has been working very hard on. Janke concluded by stating he will take a vacation break from March 20 -23, City Attorney's Report. Other Reports, Announcements and Presentations. Marc Marlow, Marlow Power & Steam, Inc., 2600 Railroad, Anchorage, Alaska, presented a proposal to assist with supplying electrical power to the City of Seward. Marlow explained his company's desire to build a 3.5 megawatt steam electrical generating coal plant that will save the community approximately $1.1 million a year in electric and heating costs while also providing six full -time jobs. Janke stated the City of Seward Administration needs time to look at the information that was presented this evening from Marlow Power & Steam. The City will need to have its financial advisor, Don Grimes, and the City Engineer, Dave Calvert, review the project and make their recommenda- tions. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Pat O'Brien, Box 48, Seward, said he was in Juneau with members of the Kenai Peninsula Borough Assembly. And while in Juneau, O'Brien had the opportunity to promote the Alaska Vocational Technical Center. Yosafe Murphy, president of the High School Student Council, gave a presentation on what is happening at the Seward High School. Motion (King/Brossow) Approve the agenda and consent agenda. City of Seward, Alaska City Council Minutes February 28,2000 Volume 35, Page 168 Amendment (Calhoon /Shafer) Amendment passed Motion passed Request for an executive session, at the close of this evening's meeting, to discuss matters related to the Exxon - Valdez oil spill litigation, and to receive, or give, input to the city's attorney in this matter. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: Approval of the February 14 and 22 meeting minutes; Non objection to the renewal of a liquor license within the City of Seward for Thorn's Showcase Lounge, Breeze Inn, Gateway Liquor and Food Mart. Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -04, amending the zoning of Lots 21 -23, Block 10, Laubner Addition from Single - Family Residential to Urban Residential. Motion (Shafer /Calhoon) Enact Ordinance 2000 -04 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. Planning Technician Rachel James gave the Administrative overview. Both the Planning and Zoning Commission and the Administration recommended allowing the property to be zoned Urban Residential. James explained the proposed zoning change to Urban Residential was consistent with the Comprehensive Plan, Land Use Plan, Strategic Plan, as well as the City Code. Motion passed. Unanimous. Ordinance 2000 -05, amending Seward City Code Title 2, Administration, relating to Planning and Zoning Commission regular meeting day. Motion (Shafer /Calhoon) Enact Ordinance 2000 -05 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes February 28,2000 Volume 35, Page 169 No one appeared to be heard and the public hearing was closed. Janke explained this ordinance is before the Council because the Planning and Zoning Commission would prefer to meet on Tuesday nights instead of Wednesday nights. Motion passed. Unanimous. Ordinance 2000 -06, amending the City Code Section 5.15.020, Authorized Investments, and City Code Section 5.15.035(A), Bid Provisions for Authorized Investments, to allow the City to invest funds with the Alaska Municipal League Investment Pool, Inc. Motion (Brossow /Calhoon) Enact Ordinance 2000 -06 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 explained that the Alaska Municipal League Investment Pool is now large enough, and the rate of return is attractive enough for the City of Seward to now invest with this entity. Motion passed Unanimous. Ordinance 2000 -07, authorizing the execution of a common investment agreement among political subdivisions of the State of Alaska and authorizing the City Manager to enter into an agreement for the City of Seward to become a member of the Alaska Municipal League Investment Pool, Inc. Motion (Shafer/King) Enact Ordinance 2000 -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 to be heard and the public hearing was closed. Motion passed. Unanimous. Resolutions Requiring Public Hearing Resolution 2000 -020, authorizing the amendment of a ground lease between the City of Seward, Alaska, and Icicle Seafoods, Inc., including providing for rent payment credits for production and employment at the leased lands. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes February 28,2000 Volume 35 Page 170 Pat Sterling, Small Boat Harbor, spoke against Ordinance 2000 -07 because he did not think there was a need to grant credits for production or work credits to Icicle Seafoods. Sterling said Icicle was an established business and no longer needed the incentive to stay in our community. Sterling encouraged the Council to delete any portions of the proposed lease granting these incentives. No one else appeared to be heard and the public hearing was closed. Motion (Shafer/King) Approve Resolution 2000 -020 Janke countered Sterling's public testimony by explaining that although he appreciated Sterling's concerns, Sterling may not have all of the facts. Janke explained how previous wharfage and tariff relationships with local processors that processed fish locally were later shown to be against federal maritime law and the City of Seward changed its rates to come into conformity with the law. This tariff amendment was accomplished in December 1998. The current lease credit being offered to Icicle Seafoods is available to any processor working across city docks. Motion passed. Unanimous. Unfinished business Items Postponed from Previous Agenda Public hearings Resolution 2000 -009, a resolution of the City Council of the City of Seward, Alaska, authorizing a maintenance and operating agreement between the City of Seward and Seward Ship's Drydock, Inc., to continue the relationship between the City and Seward Ship's Drydock, Inc., for the maintenance and operation of the Shiplift Facility through December 2004. [This item was postponed from the prior meeting and is on the floor for discussion.] Motion Approve Resolution 2000 -009 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 gave the Administrative overview. Janke reminded the Council this item was thoroughly reviewed and questions answered at a work session the prior week. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes February 28 2000 Volume 35, Page 171 Resolution 2000 -010, a resolution of the City Council of the City of Seward, Alaska, authorizing the amendment of a ground lease between the City of Seward and Seward Ship's Drydock, Inc., dated April 25, 1995, continuing rent credits for approximately five years for deferred maintenance of the shiplift facility. Motion Approve Resolution 2000 -010 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 explained this item, like Resolution 2000 -009, was postponed from prior meetings in order to provide work sessions to better discuss the issue. Janke reviewed some of the items that were discussed at last week's work session. Calhoon made an amendment, which was seconded by Brossow, to limit the rent credits to 100 % for the first year, 50% for the second year, and no rent credits for years three through five. After a thorough discussion of the issue, the amendment was withdrawn. Motion passed Yes: Blatchford, Brossow, Calhoon, King, Shafer No: Calhoon Absent: Clark, Orr New business Update on the March 1 legislative reception in Juneau to support Alaska Vocational Technical Center funding, as approved at the February 14 council meeting with Resolution 2000 -017. Janke informed the Council the private sector has contributed two thousand dollars for the reception. In addition, Janke explained that no tax dollars will be used for the purchase of alcohol for this reception, the funds for the purchase of alcohol have been raised from the private sector. In response to a question from Blatchford, Janke said the Council and Administration will be supporting numerous legislative needs, in addition to supporting the Alaska Vocational Technical Center, while everyone is in Juneau. Council comments ' Brossow thought the Community is in favor of the Seward Ship's Drydock paying the full operational cost for the shiplift. On another note, Brossow said he spent the weekend in Anchorage attending a dance competition where Seward's dance group, Soul -To -Soul, competed. Some of the awards included: Solo Dance, First Place went to Tarah Seavey; Duo Dance, Third Place went to City of Seward, Alaska City Council Minutes February 28,2000 Volume 35, Page 172 Tarah Seavey and Hope Miller, and with the Team Competition, the Seward team placed third. Brossow concluded by thanking Providence Seward Medical Center, particularly Diane Clark, for administering such fine treatment to his mom who fell and broke her wrist today. Shafer also appreciated Calhoon's interest in decreasing deferred maintenance credits for maintenance of the Seward Marine Industrial Center Shiplift. Shafer reported on a meeting she attended in Seward when Alaska Commissioner of Education Rick Cross spoke to the community at the High School. Shafer said Cross expressed support for the Alaska Vocational Technical Center. Calhoon offered his appreciation to the ski team for their efforts during the highway accident and he thanked Yosafe Murphy for coming to the Council to update the Council concerning the student body. Calhoon spoke in favor of eventually limiting the deferred maintenance credits for the shiplift, while at the same time he appreciated all the work and jobs provided by Seward Ship's Drydock. Calhoon said there will be a point when government needs to no longer provide incentives and let a business survive on its own. King said the Administration should now be on notice the Council is beginning to consider eliminating the deferred maintenance credits and he might have voted in favor of eliminating the credits if the motion remained on the floor. In addition, King said the Administration should take a hard look at the proposal presented by Marlow Power & Steam, Inc. Blatchford congratulated Tyrell Seavey for taking second in the Junior Iditarod Race, a tremendous accomplishment. Citizens' comments D.J. Whitman, Seward Ship's Drydock, thanked the Council for all their work in and discussions concerning Resolution 2000 -009 and 2000 -010. Pat Sterling, Seward Harbor, commended Calhoon for his comments in favor of decreasing credits to maintain the ship lift. Sterling said he appreciated Janke's explaining regarding the Icicle lease credits, but still favored eliminating credits for established businesses. And in conclusion, Sterling said he had a lot of experience with steam distribution systems, but wondered if the head of Resurrection Bay was a good location for the project. Sterling said he would like to see a coal electricity generating plant come to Seward, but he cautioned the City to look at all of the potential pitfalls with such a project. Melody Jordan, Icicle Seafood's Seward Plant Manager, 601 Port Avenue, thanked the Council for the support of Resolution 2000 -020. Jordan also said Icicle is proceeding cautiously with Marlow Power & Steam, Inc., but would probably not proceed without the City of Seward support. Council and administration response to citizens' comments City of Seward, Alaska City Council Minutes February 28,2000 Volume 35 Page 173 t Janke said he had the same desire as the Council to enter negotiations with Seward Ship's Drydock so the contract would not cost the city anything. But as negotiations proceeded, it became obvious there would be a need to subsidize the business. Adjournment The meeting was adjourned at 9:20 p.m. t 1 Patrick Reilly City Clerk (City Iutaii +0 9F SE t , � f . �� i �.o � ..... yYgip y '0i .• 1 Y • _. SEAL � • OF i_ J v ter ,s Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes March 13, 2000 Volume 35 Page 174 Call to order The March 13, 2000 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 Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford presented Richard Goshorn with a plaque in recognition of his years of service as a member of the Port and Commerce Advisory Board. Borough Assembly Report. None. City Manager's Report. In addition to the written report in the council packet, City Manager Janke discussed the meeting he had last week with Kenai Peninsula Borough Mayor Dale Bagley. Among the issues they discussed were: East Harbor Expansion; property assessment issues; the Alaska Vocational Technical Center; and possible funding sources for Lowell Point road improvements. Bagley hopes to put forth a resolution to the Borough Assembly to add the harbor project to the borough's congressional priority list. The Council and city staff will meet March 24 for a brown bag lunch. Janke will travel with Mayor Blatchford to Washington, D. C., to meet with our congressional delegation. City of Seward, Alaska City Council Minutes March 13 2000 Volume 35, Page 175 In response to a question from Shafer, Janke said although Nash Road improvements are included in the State Transportation Improvement Plan two years from now, the City is trying to accelerate that schedule. Orr wondered if it was possible to get the Kenai Peninsula Borough assessors to come to Seward so local residents wouldn't have to drive to Soldotna to make their appeal. Janke said the first phase of the appeal process is to contact the borough assessor, and about 90 percent of the people's concerns are satisfied at that level. If an appeal goes to the Board of Equalization, the property owner would have to appear before the Borough Assembly, Janke said. City Attorney's Report. None. Other Reports, Announcements and Presentations. Port and Commerce Advisory Board Applicants: William Clay, Dan Lowry, Roger Mercer and Patrick Sterling. Patrick Sterling, Small Boat Harbor, stated he has lived in Seward permanently for the last six years and part time since 1988. Sterling then explained his high degree of interest in Seward's harbor and port, and the commerce that they bring. ' Dan Lowry, owner ofDalo Marine, stated he only recently learned ofthe vacancy on PACAB. He said he had a strong interest in getting an appointment to the Port and Commerce Board and the chance to contribute to the community. The Council viewed a 13- minute video on the All- American Scenic Byway, which included information about the Seward area. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Willard Dunham, Forest Acres, thanked the City Council, Mayor and City Manager for a job extremely well done, that is, the trip to Juneau to lobby our state government in support of the Alaska Vocational Technical Center. Dunham thanked the Council for the opportunity to travel to Juneau with the Council. John Paul Clifton, Sr., Avalon Road, related how he had lost his wallet for a second time and really hopes it shows up in the mail. He said he doesn't like the way the police department handles situations when people find lost wallets and turn them in. Those people get questioned as if they were a felon, he said. Clifton suggested the police change the policy to: Turn it in and no questions asked. Clifton thought this policy could also extend to guns that are turned in to the police department. Clifton's second item of concern was that someone was coming on his property and removing the collar and chain from his dog. Approval of agenda and consent agenda City of Seward, Alaska City Council Minutes March 13, 2000 Volume 35 Page 176 Motion (Calhoon /Shafer) Approve the agenda and consent agenda. Amendment Amendment passed. Motion passed. Review the City Manager's performance in execu- tive session following the Council Meeting. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -022, requesting FY 2001 Safe Communities funding from the Department of Community and Economic Development. Resolution 2000 -023, closing out the Harbor Boardwalk Lease Improvements Capital Project by appropriating $29,494.63 from the Small Boat Harbor Enterprise Fund to the Harbor Boardwalk Lease Improvements Capital Project Fund and $29,494.63 from the Harbor Boardwalk Lease Improvements Capital Project Fund to the Water /Sewer Enterprise Fund. Resolution 2000 -025, authorizing the City Manager to pay Alaska Rural Electric Cooperative Association (ARECA) dues in the amount of $11,771. Resolution 2000 -026, authorizing amendment number four to the Inlet Fish Producers, Inc. lease, exercising the option to extend lease term for one year, for Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center. Rescheduling the March 27 council meeting, originally scheduled on Seward's Day, to March 28. Public hearings Resolutions Requiring Public Hearing Resolution 2000 -027, confirming the special assessment roll of the Marathon View H Electrical Improvement District, providing for the levy, payment schedule and penalties of the special assessment district and appropriating funds. Ron Wille, Lot ti, Marathon View II Subdivision, thanked the City Electrical Department for all the work done on the electrical improvement district. Motion (Clark/Shafer) Janke noted the City Administration recommended improvement ofthe resolution, but noted a technical amendment needed to be made within the text of the resolution. City of Seward, Alaska City Council Minutes March 13 2000 Volume 35, Page 177 1 Gifford responded to a question from Shafer by stating the prime rate is the rate that banks charge when lending amongst themselves, and an additional two percent above prime rate is a good rate of return to the City of Seward. Responding to a question from Calhoon, Janke explained that the two percent interest charge made up for the loss of any investment income the city would lose by putting $50,000 into the electrical improvement district. Janke said work in the improvement district is complete and "the lights are on." Amendment Change wording in Resolution 2000 -027 pertaining to interest rates from "money rates on the date," to "money rates for the date." Unanimous. Unanimous. Ordinance 2000 -08, amending the Land Use Plan and Zoning of that area of Waterfront Park located on both sides of Ballaine Boulevard between an easterly extension of A and C Street from Institutional to Park 1 Motion (ClarkBrossow) Introduce Ordinance 2000 -08, and set a public hearing for the March 28 City Council Meeting. Assistant City Manager Schrock gave the administrative overview and explained that in 1991 the land had zoned as Park, but was changed to Institutional so the City could pursue development plans of the B Street Dock, which never came to pass. In part due to public comment during the strategic planning process in 1998, the City looked at returning the area to Park designation. The plan is consistent with Parks and Recreation's master plan to complete the Waterfront Park. The P &Z Commission did look at this and the vote was 4 -2 in favor of this proposal, he said. The majority of the area encompasses the tent camping area. and also includes the city's new RV camper sewage dumping station. Amendment passed. Motion passed. Unfinished business None. New business Ordinances for Introduction Unanimous. Unanimous. Ordinance 2000 -08, amending the Land Use Plan and Zoning of that area of Waterfront Park located on both sides of Ballaine Boulevard between an easterly extension of A and C Street from Institutional to Park 1 Motion (ClarkBrossow) Introduce Ordinance 2000 -08, and set a public hearing for the March 28 City Council Meeting. Assistant City Manager Schrock gave the administrative overview and explained that in 1991 the land had zoned as Park, but was changed to Institutional so the City could pursue development plans of the B Street Dock, which never came to pass. In part due to public comment during the strategic planning process in 1998, the City looked at returning the area to Park designation. The plan is consistent with Parks and Recreation's master plan to complete the Waterfront Park. The P &Z Commission did look at this and the vote was 4 -2 in favor of this proposal, he said. The majority of the area encompasses the tent camping area. and also includes the city's new RV camper sewage dumping station. City of Seward, Alaska City Council Minutes March 13, 2000 Volume 35 Page 178 Schrock noted that at one point the multi- agency facility was being proposed for this area, but the federal agencies shied away from that once they realized the area was mapped within the 1964 Earthquake fracture zone. In response to a question from King, Schrock said the driving force behind this change was citizens involved in the strategic planning process who wanted the change and Planning and Zoning commissioners who decided to bring forward the proposal. Motion failed. Yes: Blatchford, Clark, Shafer No: Calhoon, Orr, Brossow, King Resolutions Resolution 2000 -024, reclassifying the Parking Enforcement Officer position from a Range 7.5 to a Range 15, and changing the title to Parking Operations Manager. Motion (Orr /Clark) Approve Resolution 2000 -024 Schrock explained that after the City took over the parking management operation last year, the City gained experience in running the operation and from that experience the Administration is making recommendations at this time to make the operation more efficient. Karin Sturdy, director of Parks and Rec, and Schrock took a very active role in operation of parking management last summer, with Sturdy spending 15 -20 hours weekly and Schrock spending 5 -10 hours weekly. Schrock said it wasn't an efficient way to run the parking operation, which is why the Administration proposes moving day -to -day management duties to one of the parking employee positions, with Sturdy and Schrock still handling the oversight. No additional funds will be needed for the parking operation, he said. It will also allow the Council to better track the actual costs of the parking operation, because last summer they were not tracking the cost of Sturdy and Schrock's time. Shafer noted that one of the justifications used for a pay increase for the Assistant City Manager was because of his increase duties in the parking operation. Janke clarified the increase in Schrock's pay was predicated on eliminating the Director of Community Development position. Janke stated he could understand why this is confusing because parking entered into that discussion but that the real justification for Schrock's pay increase was that there was a reduction in total employment for the City with the elimination of the Community Development director position. Schrock stated the City took over parking operations last year in April and the reclassifying of his position occurred in October. The City's decision to continue management of parking operations didn't occur until January, so parking was not predicated on the reclassification of his position, he said. City of Seward, Alaska City Council Minutes March 13 2000 Volume 35, Page 179 Orr stated he has been opposed to the city managing the parking contract and he is still opposed to the city managing parking, but when looking through the job description he realizes that $15.27 per hour is not a lot to pay for the responsibilities that go with the job. Calhoon has been assured that the responsibility for the Range 15 position is on par with other positions within the City of Seward at the same range. He also noted that the person will not get the full benefits package because it is a seasonal job. In response to a question from Brossow, Janke stated the city parking lots open May 1 and close September 30. In response to Orr, Janke said that parking management is an enterprise fund, which means the revenue that parking takes in goes to pay for costs of operation and is not drawn from the General Fund balance. Motion passed. Unanimous Other New Business Items Appointment of one of the four applicants to the Port and Commerce Advisory Board: The applicants are William Clay, Dan Lowry, Roger Mercer, and Patrick Sterling. Motion (Clark/Calhoon) Confirm the Mayoral Appointment of Roger Mercer to the Port and Commerce Advisory Board for a term that shall expire July 2003. Motion passed Unanimous. Scheduling a council work session to discuss the proposed Seward Marine Industrial Center (SMIC) Upland Boat Work Policy Shafer hoped an insurance representative would be in attendance at the 6:30 p.m. Thursday, March 30 work session. Scheduling a council work session to discuss the Parking Management The parking work session was scheduled for 6:30 p.m. Tuesday, March 21.( At a later date this work session was rescheduled to Monday, March 20, at 6:30 p.m..) Council comments Calhoon thanked the Council and the community for their concern about his wife's health during the last month, and said her health is returning. Calhoon wished the best to Jim Gilmore and City of Seward, Alaska City Council Minutes March 13, 2000 Volume 35 Page 180 Richard Goshorn, who are both dealing with health problems. He thanked Goshorn for all of his work on the Port board. Calhoon welcomed Mercer to the Port and Commerce Advisory Board. Brossow also thanked Goshorn for the time he spent serving on the Port and Commerce Advisory Board. He likewise thanked all the people who applied for the PACAB position. Shafer said many Seward youths participated in the Special Olympics last weekend in Anchorage. Chris Tarpey won two gold medals, Alex Faust won a bronze, Joe Carr won a fourth - place ribbon, and Richard Champion won two fourth -place ribbons. Shafer is proud of the local kids for participating in these events. Clark thanked Goshorn for his five years of service on PACAB and wished him well in his battle. He congratulated Mercer on his PACAB appointment. Blatchford echoed all the comments above, wished Mitch Seavey well in the Iditorod Sled Dog Race as he and his dog team approached Nome and thanked Kelly Martin for her work on the All- American Scenic Byways Committee. Citizens' comments None. Council and administration response to citizens' comments None. Adjournment The meeting was adjourned at 8:40 p.m. Z f� & /__/ � 4 � Patrick Reilly City Clerk ra,�_ A�a4 Edgar Blatchford Mayor �i '•.; Noy '•'�o'aertrr.rr� City of Seward, Alaska City Council Minutes March 28 2000 Volume 35, Page 181 Call to order The March 28, 2000 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. Following the pledge of allegiance, the council and audience stood for a moment of silence in memory of those who lost their lives in the March 27, 1964 Good Friday Earthquake. Roll call There were present: Edgar Blatchford presiding, and 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 Eric Wohlforth and Brad Meyen, City Attorneys Patrick Reilly, City Clerk Absent David Brossow Special orders, presentations and reports Proclamations and Awards. The Council recognized Seward Special Olympic Athletes Joe Carr, Richard Champion, Alex Faust, and Chris Tarpey. The Council recognized Seward Arctic Winter Games Athletes Breanna Bardarson and Stacie Tarpey. The Council recognized 2000 Historic Preservation Award Winners Jennifer Headtke, Pam Hermann, and Jeannie Shirk. Borough Assembly Report. None. City of Seward, Alaska City Council Minutes March 28, 2000 Volume 35 Page 182 City Manager's Report. Janke updated the Council on the Alaska Vocational Technical Center ( AVTEC). City Lobbyist Kent Dawson informed Janke this afternoon that there may be a possibility to lease /purchase the O'Brien building which would supply marred student housing for AVTEC's needs. In addition, Janke said Senator Torgerson introduced SB 289, a senate bill in support of technical and vocational education. Janke said the possibility of a building lease /purchase and passage of SB 289 were outcomes of the strong community support for AVTEC. Janke encouraged the community to continue contacting our legislators to support the AVTEC housing proposal and SB 289. The Governor's Budget, originally included almost three million dollars as the federal matching portion for the Small Boat Harbor East Harbor Expansion. However, this money is at risk and there is a need for the community to contact our state elected officials, Janke said. There is a good chance to keep this money in the budget, but pressure on our elected officials must be maintained. Unfortunately, the marine fuel tax amendment, as envisioned by Janke, does not look like it will pass. Although the proposed marine fuel tax is a sound idea, there appears to be a bureaucratic road block. The current strategy is to amend the fuel tax to operate like a shared fish tax, which will still benefit Seward. Janke concluded his comments by stating there was a city staff meeting this morning at the Alaska SeaLife Center (ASLC). Director Mark Lloyd met with the staff and there was a discussion regarding mutual employee training needs. City Attorney's Report. Wohlforth noted the Council received a confidential report with a summary of the legal matters the city has been working on. Wohlforth also stated he, along with Meyen, were in town for their semi - annual performance evaluation and to update the Council on attorney /client matters. Meyen recently attended a course at the Advanced Marina Management School in Edmonds, Washington, where he received additional training in numerous legal issues affecting harbor and marina management. Other Reports, Announcements and Presentations. Jeanne Galvano, 423 Second Avenue, Historic Preservation Commission Chair, updated the Council on commission activity that occurred during the last year. Galvano credited Planning Technician Rachel James and former Community and Planning Director Kerry Martin for all their help during the previous year. Galvano spoke about the work being done to prepare for the City Centennial Celebration that is planned for 2003, with the hope the Historic Preservation Commission can assist other organizations with obtaining grants. The Council viewed a Channel 11 -KTVA Inside Alaska video on the Jesse Lee Home that was originally aired March 1, 2000. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Bob Satin, 425 Fourth Avenue, urged the Council to reconsider Ordinance 2000 -08, and to amend the Land Use Plan and Zoning of the area from Industrial to Park designation. Satin stated the federal government would not allow the site as a building site because it was in an earthquake zone, and Park designation is the best use of this land. City of Seward, Alaska :;;, - City Council Minutes March 28. 2000 Volume 35, Page 183 Bob Satin, 425 Fourth Avenue, spoke on Resolution 2000 -031, encouraging the City to consider installing water meters for all users. Water meters would limit the wasteful use of water and be a better method to allocate costs, and end the persistent Seward perception that water is unlimited and free. t t Bob Satin, 425 Fourth Avenue, spoke on Resolution 2000 -036, encouraging Council to consider a five dollar parking fee instead of a three dollar parking fee. Five dollars is a reasonable fee, and much easier on the customers to put into the parking slot and for employees to count. Satin also suggested the council consider using tokens, this payment method would also reduce the time in counting the fees collected. Pat Sterling, Seward Harbor, spoke on Resolution 2000 -036, stating parking fees were reasonable and spoke in favor of the proposed three dollar fee, and to not consider going to a five dollar fee. Sterling spoke against charging five dollars to park in the middle lot for three hours. Sterling also discussed other areas of the parking resolution, including making a section of Fourth Avenue one way and creating a better area for buses to park. Carol Griswold, 412 First Avenue, spoke in favor of reconsideration of introducing Ordinance 2000 -08. Griswold thanked Council Member Calhoon for bringing the introduction ofthe ordinance back up for consideration at Griswold's request. Griswold explained the history of the property, emphasizing that it is part of an earthquake zone and not real suitable for industrial development, and the property has strong public support for zoning it back to park. The fact that today's council meeting date, March 28, was close to the anniversary of the March 27, 1964 Good Friday Earthquake did not go unnoticed by Griswold. Approval of agenda and consent agenda Council Member Calhoon removed Resolution 2000 -033 from the consent agenda. Motion (Clark/Shafer) Approve the agenda and consent agenda. Amendment (Clark/Shafer) Convene into an executive session following the end of the meeting to exchange attorney- client privileged informa- tion and /or give direction to the City's attorney concern- ing the status of city litigation, particularly with respect to Strand Hunt v. Seward Advancement for the Association of Marine Science and the City of Seward; Meehan By Products v. City of Seward; and Afognak Logging v. City of Seward. Amendment passed. Unanimous Amendment (Clark/Shafer) Convene into an executive session following the end of the meeting for the purpose of performing the semi - annual performance evaluation of the city law firm, Wohlforth, Vassar, Johnson & Brecht, APC. City of Seward, Alaska City Council Minutes March 28, 2000 Volume 35 Page 184 Amendment passed. Unanimous Motion passed. Unanimous The Clerk read the following approved consent agenda items: February 28 and March 13 meeting minutes. Non - objection to the renewal of liquor licenses within the City of Seward for the Harbor Dinner Club. Public hearings Resolution 2000 -028, authorizing the City Manager to enter into a lease agreement for Small Boat Harbor Boardwalk Lease Site Number Six with Jack Scoby, dba Orca Enterprises. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Motion (Shafer/King) Approve Resolution 2000 -028 Janke gave the administrative overview, explaining the terms of the lease and noting that Scoby was the only person that submitted a bid to lease the site. Calhoon inquired about section 6.1(a) of the lease, a part referring to constructing a fish processing facility. After some discussion, it was understood that this was a technical error and the council unanimously deleted this section. In response to another question from Calhoon, Harbormaster Beckham stated it was normal procedure to allow at least a year for a lease holder of these sites to complete building on these sites. In response to Shafer, it was clarified that section 2.2, referring to a prohibition of storage materials, was a reference to building supplies and a storage facility. Scoby explained the area will mainly be used as a freezer and storage would include day -to -day inventory items. There would be no items stored outside. Scoby explained it was to his advantage to keep the area clean. Motion passed. Unanimous. Unfinished business Item for Reconsideration Ordinance 2000 -08, amending the Land Use Plan and Zoning of that area of Waterfront Park located on both sides of Ballaine Boulevard between an easterly extension of A and C Street from Institutional to Park. Motion (Calhoon /Clark) Reconsider introducing Ordinance 2000 -08 City of Seward, Alaska City Council Minutes March 28, 2000 Volume 35, Page 185 Calhoon explained he brought this issue up for reconsideration based on a request from Griswold, and being contacted by others. Motion passed. Yes: Blatchford, Calhoon, Clark, Shafer No: King, Orr Ordinance 2000 -08, amending the Land Use Plan and Zoning of that area of Waterfront Park located on both sides of Ballaine Boulevard between an easterly extension of A and C Street from Institutional to Park. Motion (Clark/Shafer) Introduce Ordinance 2000 -08, and setting a public hearing for the April 10 City Council Meeting Clark stated he was highly in favor of introducing Ordinance 2000 -08 and spoke in favor of its passage after a hearing at the next council meeting. King explained his position to oppose introduction of Ordinance 2000 -08. King explained that in the last ten years there have been two major developments that could have potentially benefitted the community economically. One project was the B Street Dock proposal, which could have brought customers to the Seward downtown area, and the other was the proposal to build a multi - facility agency, which could have increased the Seward tourist season with additional ' conventions in the spring and fall. Creating park land at this time only reduces the City's options in the future. Shafer said there is a need to allow the public process to work, and the council should allow a public hearing and public input on this issue. Orr agreed with Shafer that it is important to have a public hearing to allow the public to give input. But Orr expressed a concern that if the council designates park land here and the City then obtains grants with strings attached, the City may no longer have the option to redevelop the land into anything other than a park. Orr stated the obtaining of grants, with the attendant strings attached, could take place with minimal public input and the land would then be locked up forever. But ifthere was a new proposal for another industrial project, such as the B Street Dock, there would be plenty of opportunity for the public to give their input at that time. Like King, Orr did not wish to limit the City's future options with this land. Motion passed. Unanimous. New business Resolution 2000 -029, authorizing the City Manager to amend the City of Seward Electrical Tariff, effective April 1, 2000 by decreasing the tariff for all customer classes, with the exception of Industrial, and Yard and Street Lights customers, by approximately six percent. Motion (Clark/Shafer) Approve Resolution 2000 -029 City of Seward, Alaska City Council Minutes March 28, 2000 Volume 35, Page 186 Janke gave the administrative overview and introduced the city's consultant, Winston Peterson. Janke added that the City's recommendation is a result of a the electric rate study performed by Peterson's company, Peterson Consulting Group, Inc. The electric utility has a healthy fund balance, of about three million dollars, and even with a rate decrease the electric utility will still be able to maintain a healthy fund balance. Calhoon wondered why the city excluded Industrial from the rate reduction, Janke and Engineering and Utilities Manager Calvert explained the Industrial Class of users experienced a rate reduction about two years ago. When the City negotiated a new power sales agreement a couple of years ago, the Industrial rate was tied directly to what the City of Seward pays for power, and this resulted in a decrease for the Industrial users at that time. In response to a question from King, Win Peterson of Mercer Island, Washington, explained that historically the City of Seward rates have been structured to subsidize the Industrial user. The Industrial class is currently subsidized by the Commercial Class, while the residential rates are about break even. Janke stated there is sometimes a need to subsidize industry in order to assist these customers to compete, particularly when other industries have significantly lower electric rates and are subsidized in other communities, such as the Ketchikan Shiplift facility. Industrial customers have the ability to bring new dollars to our community, and this is very important to our economy. Motion passed. Unanimous. Resolution 2000 -030, authorizing the City Manager to enter into a contract with GMG General to recondition portions of three asphalt paved streets - Ballaine Blvd, Bear Drive, and Marathon Drive - with a contract price of $145,314 and appropriating funds. Motion (Clark/Shafer) Approve Resolution 2000 -030 Janke stated he had been looking forward to passage of this resolution because there will now be roads getting worked on, and he hoped the roads are paved prior to the end of May so as not to interfere with the summer season. Motion passed. Unanimous. Resolution 2000 -031, authorizing the City Manager to execute a contract with Alpine Drilling to construct Water Well Number Six, for an amount not to exceed $111,635. Motion (Clark/Shafer) Approve Resolution 2000 -031 Janke explained this project well is part of the budget process and part of the City's capital improvement plan. Clark spoke in favor of the City looking into the feasibility of metering both commercial and residential water meters. City of Seward, Alaska City Council Minutes March 28, 2000 Volume 35, Page 187 ' In response to a question from Orr, Janke explained he was put in a difficult position when he learned there was not enough in the budget to drill a well and build a well facility and equipment. Janke emphasized there is a real need to get the well into operation to create the needed water capacity, particularly when canneries are operating and cruise ships are in town, and especially in the event of a fire. Motion passed. Unanimous. Resolution 2000 -032, authorizing the City Manager to execute a contract with Peninsula Construction to construct Well Equipment Facility Number Six, for an amount not to exceed $196,625, for the construction of Well House Number Six, and appropriating $164,087 from the Water /Sewer Retained Earnings Account to the Well Equipment Facility Number Six Capital Project Account. Motion (Clark/Shafer) Approve Resolution 2000 -032 Janke explained approval of this resolution will authorize the construction of the facility that will house the well equipment. Although not in the current budget capital improvement budget, Janke recommended the shortage be appropriated from the water /sewer retained earnings account. Motion passed. Unanimous. ' Resolution 2000 -033, approving an increase in the Afognak On -Call Snow Plowing and Sanding Contract from $28,000 to $54,820. Motion (Calhoon /Orr) Approve Resolution 2000 -033 Janke explained the increase in this snow plowing and sanding contract is due to the unnusual winter storm the community experienced in early February. The administration is hopeful the City will be reimbursed for a portion of these costs. Motion passed. Unanimous. Resolution 2000 -034, authorizing the City Manager to issue a purchase order in the amount of $752,000, to Valley Detroit Diesel, for a GM EMD used Model 20- 645F4B Diesel Engine with a 2865 KW generator delivered FOB Seward. Motion (Clark/King) Approve Resolution 2000 -034 Janke explained this proposed engine and generator purchase is part of our capital improvement plan and is being purchased with the assistance of a state grant that is in excess of one million dollars. At the suggestion of Janke, council agreed to a site visit to get a better understanding of the complex project, with the hope that a site visit will assist the council when they are considering future aspects of this project. City of Seward, Alaska City Council Minutes March 28 2000 Volume 35, Page 188 Janke added there is currently 1.6 million dollars for the project, but there could be upward of a total of 1.9 million dollars needed to complete the project. Motion passed. Unanimous. Resolution 2000 -035, authorizing the City Manager to issue a purchase order to Siemens for a 69 kV Breaker for $41,950 and to Wesco for a 4160/12.5 kV Transformer for $117,629, with funding provided from a State of Alaska Grant. Motion (Clark/Calhoon ) Approve Resolution 2000 -035 Engineering and Utilities Manager Calvert explained the project identified in Resolution 2000- 03 5 is part of the generator installation that was discussed in the prior resolution. In order to get the appropriate back -up power to the area, this second transformer is necessary. Motion passed. Unanimous. Resolution 2000 -036, amending the parking fee schedule and setting parking policies for city- owned parking lots. Motion (Calhoon /Shafer) Approve Resolution 2000 -036 Schrock gave the administrative overview, and Assistant City Manager Schrock identified some technical changes to the proposed parking fee schedule. Calhoon said that although he understands that a five dollar bill is easier to count than three singles, he spoke against increasing the fee to five dollars. Particularly since the parking administra- tion currently pays for itself. Shafer stated there were a lot of public input during the parking work sessions, particularly were the middle lot is concerned. In response to a question from Shafer, Janke stated there is an engineer working on designing where the buses should park, and how to best utilize the parking spaces. King complimented Schrock on the work that Schrock put into the resolution and fee schedule and thought the fee schedule was a true reflection of the council work session discussions. Orr expressed a concern that parking fees need to be controlled because it adds to the cost of coming to Seward, and there are other communities trying to attract the same customers. Motion passed. Unanimous. Council comments Calhoon congratulated the athletes who were recognized tonight and the individuals who were recognized for their historic preservation work. Calhoon urged residents to get involved with City of Seward, Alaska City Council Minutes March 28 2000 Volum 35, Page 189 CJ planning for the upcoming centennial celebrations, and that it will take the whole community participating in order to have a successful centennial. Clark echoed all of Calhoon's comments, particularly urging the community to attend the upcoming 2003 committee meeting. Shafer was happy to see Clark back in town. D King also said he was happy to see Clark back in town and looking healthy. In addition, King read a section from a popular travel guide where it mentioned rowdy drinking by campers in the Waterfront Park. Janke responded the City will send a letter explaining how the Council addressed drinking problems on the beach. Blatchford congratulated those who participated in the Special Olympics and those who participated in the Arctic Winter Games. Citizens' comments Bob Satin, 425 Fourth Avenue, informed the Council there is no additional charge to the public to use the Seward Department of Motor Vehicles ifthey register a vehicle in Seward. The lack of a fee contradicts a note that was enclosed with vehicle registration notices stating there would be a ten dollar charge if a vehicle is registered at a State of Alaska Department of Motor Vehicle office instead of registering by mail. The Seward office does not charge the additional ten dollars for in- person registration. Pat Sterling, Seward Harbor, wondered if there is enough good equipment in the older well houses, that may no longer be needed ifthe wells eventually fill up with sand or run dry, to be reused in the new well house that will be getting built. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 10:20 p.m. 1 P atrick Reilly City Clerk o 0 11111 � 7 a 1 ° ° ( � +* .Qty,L S iY .. ' qQ , � , � � �j (city �ee�►: �, PO �• •. •. • S �T, � •fir � • •vG Nl� t '1�,~ °�$• , f ++ �++ t i�iu0%� o'♦ Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes April 10, 2000 Volume 35 Page 190 Call to order The April 10, 2000, 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 Rick Gifford, Acting City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford read a proclamation declaring April as Child Abuse Awareness Month in Seward, Alaska. Borough Assembly Report. Pat O'Brien, Box 48, stated the Kenai Peninsula Borough Assembly is currently working on the Borough budget for the next fiscal year. The Assembly process entails Assembly Members being tasked with reviewing one or two Borough Department budgets in detail. The Kenai Peninsula Borough budget will be presented to the Assembly at their May 2 meeting in Seward. O'Brien is trying to get assembly support for a decrease in the borough mil rate, to help offset the increase in tax assessments. O'Brien said he had a tremendous amount of calls from property owners who received large tax assessment increases. O'Brien is encouraging those who have concerns about their property tax assessment to take those concerns to the Borough Assessor. City Manager's Report. Acting City Manager Gifford reminded the Council that City Manager Janke, who is president of the Northwest City Manager's' Association, was in Talkeetna along with Assistant City Manager Schrock. Gifford explained the surplus sale procedure that is followed when the City identifies City property no longer useful to the City. Gifford stated the goal is to have a surplus sale of city property by mid -June. City of Seward, Alaska City Council Minutes April 10, 2000 Volume 35 Page 191 Parks and Recreation Director Sturdy informed the Council that John Lennon has been rehired as the Parking Manager and updated the Council on the status of current parking issues and plans for this summer. Sturdy stated the City Campground Staff is recommending decreasing the July 4 fee increase because it did not work very well last year - it was both difficult to collect, hard to track, and confusing to customers. City Attorney's Report. Attorney Meyen reminded the council a report was presented two weeks ago and there is little new to report at this time. Meyen stated his meeting schedule got out of sync when he attended legal courses on harbor management in Seattle and attended the last council meeting as part of the law firm's semi - annual evaluation. Other Reports, Announcements and Presentations. 7 t JC Rathje, Providence Seward Medical Center Administrator, gave a hospital status update. Rathje informed the Council that the not - for -profit hospital provides over $400,000 a year in uncompensated care and direct charity to the community. The hospital turns no one away that shows up at their door for services. Rathje explained that Carol Fink, community coordinator (and part-time dietician), helps coordinate the numerous community events and sponsorships that the hospital is involved with. Rathje then listed some of the community events the hospital helps sponsor, including the Polar Bear Jump -off, Salvation Army Pharmacy Prescription Fund, Mayor's Cup Race, Kid's Don't Float Program, Breath of Life Race, and the Bike Rodeo. In addition, the Center runs seven speciality clinics. The hospital does not charge the speciality clinics for the space in their building. In June, the Medical Center will have accomplished the goal of having three full time doctors in Seward. Dr. Mike Sullivan and Dr. Blake Stanfield, will join Medical Director Dr. Paul Sanders. In conclusion, Rathje reminded the Council the Hospital will conclude year four of the contract between the City and the Hospital in July. The contract, which is a seven year contract, states there should be a discussion to review the contract terms in the fifth year of the contract. Jon Agosti, Qutekcak Shellfish Hatchery Director, stated the hatchery is entering the third year of operation. The hatchery is still installing new equipment, keeping in sync with Alaska mariculture industry. Agosti reported on the equipment at the hatchery and the numerous shellfish projects. Motion (Clark/Calhoon) Amendment (Clark/Brossow) Amendment passed. Motion passed. Approve the agenda and consent agenda. Hold an executive session for the purpose of per- forming the semi - annual performance evaluation of the City Clerk. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -038, 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 at least 35 column inches per week. City of Seward, Alaska City Council Minutes April 10 2000 Volume 35, Page 192 March 28 meeting minutes. Non - objection to the transfer of liquor license from Manolakakis, Inc. and Seward Longshoreman's Benevolent Association dba Christo's Palace to Manolakakis, Inc. dba Christo's Palace. Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -08, amending the Land Use Plan and Zoning of that area of Waterfront Park located on both sides of Ballaine Boulevard between an easterly extension of A and C Street from Institutional to Park. Bob Satin, 425 Fourth, covered three areas of concern: Satin's first area of concern was the federal government had long ago identified the waterfront area as being subject to a high degree of failure in the next quake; Second, Satin saw a high degree of inconsistency with the zoning plan the community had spent a lot of time and energy on and keeping "options open" was an invitation to a hodgepodge of development; And three, if Seward is no longer unique and looks like any other area on the peninsula there will be little reason for someone to travel to Seward. Carol Griswold, 412 First Avenue, stated she will not speak long since the Council had seen both of her letters to the editor and heard her speak on this topic before. Griswold said the Council should consider the public input, the local and visitor enjoyment of the park, the engineering studies that have recommended against development of the area, and the plans that have recommended reserving this area as a park. Williard Dunham, 600 Alder, as a member of the community that was here for the 1964 earthquake, did not agree with one of the "Whereas Clauses" in the proposed ordinance. Railroad owned property did not go into the high risk zone, but much of the federal property did. Property ownership had a lot to do with what areas were zoned as an earthquake zone. Dunham did not mind re- zoning the land, but did not want one of the stated justifications being to label the area as a high risk earthquake zone. Dunham believed the land is still capable of development. Linne Bardarson, 32789 Nash Road, recounted that when he was speaking with his son, former Planning Commission Chairman Blaine Bardarson, Blaine's recollection was that the property was to go back to Park zoning if the prior development projects did not go forward. Bardarson said that development had its own set of baggage, but there was nothing wrong with keeping it as a park. This land was slowly developing into a very nice place, and it is a very unique and very important area to protect. The waterfront area brings a lot of tourists and income to the community. Dot Bardarson, 32789 Nash Road, said it was difficult to come here tonight because of the concert taking place this evening. More people would have spoken on behalf of the park tonight if they weren't at the concert. Bardarson, a member of the Seward Harbor Business Association, said the Association membership discussions always seemed to be in total agreement that the waterfront area should be maintained as a park. Motion (Clark/Shafer) Approve Ordinance 2000 -08 City of Seward, Alaska City Council Minutes April 10, 2000 Volume 35 Page 193 t 1 Clark said he heartedly endorsed re- zoning the area from Institutional to Park. Clark said he received more mail on this issue than any other since he had been on council. Clark said he agreed with Mr. Bardarson's comments and was very interested in Dunham's comments and offered amendments to the Ordinance. Amendment (Clark/Brossow) Amendment passed. Amendment (Clark/Brossow) Amendment passed. Delete "Whereas, most recently the property was examined as the site for a proposed multi- agency facility for the National Park Service and Forest Service; and Whereas, this site has been eliminated from consideration as a possible location for the multi- agency facility because it is located within the fracture zone of the 1964 earthquake; and Unanimous. Add as the first `Whereas Clause', "Whereas, the original land use plan and zoning designation for this land was Park subsequent to the 1964 earth- quake; and," and then for the third `Whereas Clause' to be "Whereas, the proposed dock project failed; and" Unanimous. King thanked the public for their e- mails, letters, and phone calls and said he has enjoyed walking along the waterfront area for many years. In addition, since he received no public comment in support of maintaining the Institutional designation for this area, he will support the Park designation. King said it was important to respond to the public's wishes. Calhoon also thanked everyone for their input, and said he only received one call asking for the property to remain zoned Institutional. As a participant of the Strategic Planning town meetings, one of Calhoon's visions of this area was as a Park. Orr said he did not plan to change his vote. Orr said that a Planning and Zoning Commis- sioner informed him if there was a grant given to the City there might be no public process outlining the strings that were attached. Orr wondered if there could be a vehicle to prevent the City from accepting a grant without public input. Orr said there was public support for the B Street Dock and thinks there still would be support for such a project today. In response to a question from Orr, Gifford and Parks and Recreation Director Sturdy said if the City were to receive a grant with restrictions on how the property would be used in the future there would be at least two opportunities for the Council to review the grant and receive public comment: One opportunity is when the City applies for a grant, and the second opportunity for public input is when the City considers accepting a grant. Based on this new information, Orr voiced support of the Ordinance. Motion passed Unanimous. City of Seward, Alaska City Council Minutes April 10 2000 Volume 35, Page 194 Resolutions Requiring Public Hearing Resolution 2000 -037, confirming the special assessment roll of the Forest Acres Improvement District, providing for the levy, payment schedule and penalties of the special assessment district and appropriating funds. Williard Dunham, 600 Alder, spoke in favor of Resolution 2000 -037, and requested the City encourage development in areas where people want to buy property. Previously, the City assisted developing new subdivisions instead of the property owners paying the whole assessment. Dunham thought the time had long past for the City to put in utility corridors to encourage development inside city limits. Motion (Clark/Shafer) Approve Resolution 2000 -037 Gifford responded to Dunham's comments by informing the Council the City is currently working with an engineering firm to do an overview site analysis to decide how best to bring water into the Forest Acres/Gateway areas. In addition, the City is trying to get matching grant money from the State and /or Federal Government to assist with this development. Gifford then explained the assessment process and the notification that the property owners had received concerning the project. Water improvements were not included in the district at this time because there was no ability to get adequate water pressure to the area. Motion passed. Unanimous. Unfinished business None. New business Ordinances for Introduction Ordinance 2000 -01, amending Seward City Code, Title 8, Business Regulations and Licensing, Chapter 8.05, by adding language allowing for a permit for alcoholic beverages in public places with a pavilion reservation or special events permit. Motion (Clark/Shafer) Introduce Ordinance 2000 -01 and set a public hearing for the April 24, 2000 city council meeting. Clark spoke in support of the Ordinance, stating his approval of removing the council from these administrative decisions and leaving the administrative decisions in the hands ofthe Police Chief and City Manager. Motion passed. Unanimous. Ordinance 2000 -09, amending Seward City Code, Title 8, Business Regulations and Licensing, Chapter 8.10, Peddlers and Solicitors, by amending the procedure to receive authorization for solicitation of sales or funds on city property. City of Seward, Alaska City Council Minutes April 10, 2000 Volume 35 Page 195 1 Motion (Brossow /Calhoon) Introduce Ordinance 2000 -09 and set a public hearing for the April 24, 2000 city council meeting. 1 Motion passed. Resolutions Unanimous. Resolution 2000 -039, a resolution of the City Council of the City of Seward, Alaska, approving an amendment to the legal services agreement with Wohlforth, Vassar, Johnson, and Brecht, APC Motion (Calhoon /Clark) Approve Resolution 2000 -039 Gifford stated the City Law Firm had not changed its fees since 1993. As far as any fiscal impact, Gifford said the Administration will continue to work within the legal budget. Only if there is unexpected litigation will approval of this resolution significantly impact the current budget. Motion passed. Unanimous. Giving Council direction to the City Manager to vacate a no longer used or useful ten -foot public utility easement located on Lot 1, Block 2, Leirer Industrial Subdivision. Motion (Clark/Shafer) Direct the City Manager to vacate a no longer used or useful ten -foot public utility easement located on Lot 1, Block 2, Leirer Industrial Subdivision. Planning Technician James said it is a requirement of the City Code to get council approval prior to vacating existing recorded utility easements no longer needed by the City. James said this issue is coming before the Council now because Steve Leirer, owner of the Leirer Industrial Subdivision, is currently in the processing of platting the subdivision. All of the easements have been identified, and the easement currently proposed for vacation, is no longer needed by the City. Motion passed. Unanimous. Council comments Brossow said is was very good to be home. Brossow thanked all those who sent him a -mails and phone calls regarding the Waterfront Park. It was refreshing to get input on this issue and he wished he could receive a similar amount of input on other issues. Calhoon also thanked the public for their input and he said public input really does work. Shafer said the Library now has a bar code system implemented to search for books and she thanked the Alaska Vocational Technical Center for the time they spent putting the system in place. Shafer encouraged other departments to make use of Alaska Vocational Technical Center students. City of Seward, Alaska City Council Minutes April 10 2000 Volume 35, Page 196 Orr also thanked the public for their input, and that it was nice to get the input even if he didn't always agree with it. The City should listen to Dunham's insight and should consider providing infrastructure to subdivisions for future development so people can get cheap utilities. Orr said there is a need to keep pressure on Fish and Game so that Qutekcak Shellfish Hatchery is not stymied by Fish and Game from continuing their hatchery projects. Clark said he was impressed with both the quantity, and the quality, of the letters and a -mails he received on the Waterfront Park issue. King commented that the local paper was here tonight and said the Council's job would be a lot easier if the facts were reported correctly. Phoenix Log Editor Alex DeMarban apologized for the incorrect reference that labeled the current zoning of Waterfront Park as Industrial instead of Institutional. Citizens' comments Dunham, 600 Alder, said that at the end of a twenty -year period following the federal high risk earthquake designation, the City was supposed to track and review this designation but there was no follow -up at that time. Dunham reminded the community that our tourism season has begun and there is a need to start clean -up, long before the May 22 traditional Seward clean -up day. Carol Chaudiere, 1129 Cliff View, expressed pleasure that the Council approved re- zoning the Waterfront area from Institutional to Park. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:15 p.m. Pat ck Reilly City Clerk Edgar Blatchford Mayor F SE �* (City` �.......h'•9,9 •� _~ Av, L • • SEAL �.• i t .'.w 1 � •�� 1 j� /t"i1l7�1ti�� City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35 Page 197 Call to order The April 24, 2000, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Mike 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 Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford read a proclamation declaring May 6, 2000, as Super Saturday Clean -up Day in Seward, Alaska. Borough Assembly Report. None. City Manager's Report. Janke reported on the following items: Based on the suggestion of a concerned citizen, the City will assist in hauling larger items from private property; - Training for personnel law for City of Seward, Alaska SeaLife Center, and other agency employees in the community will be held at the Alaska SeaLife Center on May 8; City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35 Page 198 - A bid specification package for building a fence for a portion of the Seward Marine Industrial Center area will come before the council in a few weeks; - Senate Bill 150, a bill to change the definition of rural, to assist additional communi- ties to receive a one percent discount in housing mortgage rates is unlikely to pass this year; - The municipal dividend program (House Bill 137, Senate Bill 304) is also unlikely to pass this year because of the lack of time; - The cruise ship fifty dollar head tax that was passed by the Senate last week, is unlikely to pass this year. Passage of this bill, as written, would have meant about a million dollars in revenue to the City of Seward; - The capital budget, there is 2.9 million dollars for the Small Boat Harbor East Harbor expansion project, 4.2 million dollars for Alaska Vocational Technical Center (AVTEC) housing; - Senate Bill 289, includes an additional million dollars for AVTEC, which can be used for either operating or capital budget needs, and this bill has a lot of support and should pass; Last Tuesday, Janke attended the Kenai Peninsula Borough Assembly meeting to testify on deleting the Resurrection River from a proposed ordinance dealing with Kenai River habitat. The issue will be addressed in Seward when the Assembly comes to Seward on May 2, and Janke thought the Resurrection River would be deleted from the ordinance and dealt with separately under a different plan to protect this river; and Janke attended a meeting last Monday, held at AVTEC, where the engineers for the Japanese Creek/North Forest Acres By -Pass Road and Levee gave an update on the project. Janke expected the Japanese Creek portion of the project will move forward relatively quickly, and possibly reach construction stage this fall. The North Forest Acres portion of the project has more permitting concerns and there may be a need to do an environmental impact statement on the project prior to construction. Janke also updated the Council on the following summer projects: - Street pavers will try to complete paving jobs that the Council approved earlier this year by the end of May; The Administration has selected the last $50,000 worth of work from grant funds for bike path construction. The bike path will go from the Citizen's Field to the Seward Elementary Grade School. The paved bike path will be about eight feet wide; Alaska Vocational Technical Center will begin construction ofthe chlorination rooms for the new water wells. The contractor for the well has not yet returned their performance bond, but this should happen soon and there will then be a notice to proceed; The Fire Department anticipates the Council being able to award a bid for roof construction as early as the May 8 meeting; The Adams Street Pavilion now has a wheelchair ramp to the bike path, and there is a similar ramp planned for the Wellington Pavilion to the bathrooms and the construction of additional ADA campsites; City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35, Page 199 - The water and sewer engineering modeling for the North Forest Acres area is nearing completion; An engineer is completing the parking lot study to maximizing the number of parking spaces and efficient use of parking spaces in the harbor area; Harbor area street lights and poles will be installed soon; The electrical department is working with Seward Fisheries to install new primary and secondary electrical capacity for their plant expansion; and - The Seward Park Subdivision electrical extension should be completed sometime this summer. City Attorney's Report. None. Other Reports, Announcements and Presentations. North Harbor Float Report. Council Member King reported on his recent rip with Council Member Orr, Harbormaster Beckham, and the City's Project Engineer's with Tryck Nyman and Hayes - Carl Stormer and Kirk Miller, to Seattle on April 10 -13 to see how harbor float systems are built. King explained they reviewed both unifloat style and monlithic style concrete float systems. Orr and King both agreed that the monolithic float was preferable to the unifloat style. In addition, Orr and King thought the monolithic float made by Transpac Marinas was a quality product and suitable for the Harbor's needs. Janke stated that based on Beckham's report and Tryck Nyman and Hayes engineer's recommendation, Janke said he plans to proceed forward with the monolithic float system unless he hears objections from the Council. In response to a question from Orr, Janke said the City Administration will be following State Procurement Code principles, and if there was a need to sole source any aspect of the project there would be a requirement for the Council to make public findings to justify the sole source contract. Clark noted that since the floats may potentially cost about 10.5 million dollars, it is important to be concerned about the quality of floats the City purchases. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Jennifer Roy, Winterset Lane, expressed her excitement to speak on behalf of Carpe Canis, and to have the opportunity to work for the City of Seward. Roy appreciated the opportunity to work for the City of Seward at the animal shelter and was looking forward to a great future for the animal shelter. If any council members have questions about the animal shelter contract, they should feel free to call her. Dennis Randa, Box 3055 Soldotna, identified himself as a 25 year resident of the Kenai Peninsula Borough, currently living in the Clam Gulch area, and owner of Seward area property. Randa said that he is in Seward today out of outrage, because it looks like Seward does not want his business because of the insurance requirements the City of Seward was imposing. As a licensed guide for the past 17 years, Randa said he has had insurance before it was required. Randa said that his insurance agent is asking five hundred dollars to get the coverage the City of Seward is requiring. City of Seward, Alaska City Council Minutes April 24 2000 Volume 35, Page 200 In response to a question from Clark, Randa said he was concerned about the requirement to have one million dollar liability insurance. Randa said the State and Federal Government only requires him to have $300,000 to fish the Kenai River and he did not understand why the City of Seward would be more restrictive. Motion (Shafer /Clark) Amendment (Brossow /Clark) Amendment passed. Motion passed Approve the agenda and consent agenda. Hold an executive session at the end of the eve- ning's meeting for matters relating to the Seward Association for the Advancement of Marine Sci- ence (SAAMS), the immediate knowledge of which would clearly have an adverse impact on the finances of the City. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: April 10, 2000 meeting minutes. Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -01, amending Seward City Code, Title 8, Business Regulations and Licensing, Chapter 8.05, by adding language allowing for a permit for alcoholic beverages in public places with a pavilion reservation or special events permit. 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 (Clark/Shafer) Approve Ordinance 2000 -01. City Manager Scott Janke gave the administrative overview, explaining that the proposed change in the ordinance is driven by code changes that were made in response to the 1998 July Fourth celebration. As a result of code changes in response to the 1998 Fourth of July, it became illegal to have open alcohol on public property unless it was at a pavilion. Since that time, there have been request to have alcohol on public property, such as last year's request by Seward Ship's Chandlery to have alcohol at their annual company picnic at the First Lake area. These code changes will allow the administration the ability to issue a permit for the public consumption of alcohol in conjunction with a pavilion reservation or special event permit. The revised code process will now streamline the City of Seward, Alaska City Council Minutes April 24 2000 Volume 35, Page 201 t t 1 special event permit process to allow special events to be administratively approved by the City Manager. Only if there is a denial of a special event permit will there be a need for the matter to come before the council in the future. Motion passed. Unanimous. Ordinance 2000 -09, amending Seward City Code, Title 8, Business Regulations and Licensing, Chapter 8.10, Peddlers and Solicitors, by amending the procedure to receive authorization for solicitation of sales or funds on city property. 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 (Clark/Calhoon) Approve Ordinance 2000 -09. Reilly explained that solicitation of funds on public property will be prohibited unless authorized by the City Manager. Janke added that with this code changes, the procedure for seeking authorization for special event permits and solicitation of sales on city property will be consistent for both type of applications. Motion passed. Unanimous. Unfinished business. None. New business Ordinances for Introduction Ordinance 2000 -010, amending the zoning of Lot 7, Block 2, Oceanview Subdivision from Single - Family Residential to Auto Commercial. Motion (Shafer/Brossow) Introduce Ordinance 2000 -010, and set a public hearing for the May 8, 2000 City Council meeting. Assistant City Manager Schrock gave the administrative overview, explaining that the proposed change meet the consistency checklist for being consistent with Code Review, the Comprehensive Plan, the Land Use Plan, and the Strategic Plan. And this was true even though the Comprehensive Plan recommended against expanding the Auto Commercial District, but once the Zoning Map was reviewed the request made sense. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35 Page 202 Ordinance 2000 -011, amending Seward City Code, Title 3, Personnel, making certain changes to comply with various laws and policies, eliminating outdated language, and reducing conflicts within the Code. Motion (Calhoon /Clark) Introduce Ordinance 2000 -011, and set a public hearing for the May 8, 2000 City Council meeting. Personnel Officer Welsh explained the proposed ordinance is in response to a requirement by the Alaska Municipal League Joint Insurance Agency to have the city law firm review the City Personnel Code. Although the Code was reviewed by the law firm some time ago, the code was not actually updated at that time. Welsh met with each department to review the draft, and whenever possible, incorporated employee suggestions. Welsh said there would be a work session prior to a vote to adopt the ordinance to explain the details of the proposed ordinance and answer council questions. Motion passed. Unanimous. Resolutions Resolution 2000 -040, approving a contract for animal control services with Jennifer Roy, dba Carpe Canis, in the amount of $54,600, and appropriating $4,150 from the General Fund. Motion Approve Resolution 2000 -040 Janke explained two bids were received, both bids were very close and the city administration is recommending the bid received by Jennifer Roy, dba Carpe Canis. In response to a question from Calhoon, Police Chief Chapman said there is no mandatory spaying and neutering of animals that are adopted from animal control, but the administration is seriously looking at making this a requirement. In response to a question from King, Chapman said the City negotiated the price down from Roy's original proposal, but it was higher than the last contractor's price. Chapman said the contractor can certainly still do the work cheaper than what it would cost to do work in- house. The increase in this contract was just a function of the increased cost of doing business. Motion passed. Unanimous. Resolution 2000 -041, amending the Parking Enterprise Fund Budget to provide for equipment and service purchases, paving and a parking management office. Motion (ShaferBrossow) Approve Resolution 2000 -041 City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35, Page 203 Janke explained this resolution is a result of the City Council's decision for the City to manage city parking. There was now a need for some minor changes to the budget and to take some money from retained earnings to pay for paved parking and to build a parking management office. Motion passed. Unanimous. Resolution 2000 -042, urging Governor Tony Knowles and the Alaska State Legislature to establish a Municipal Dividend. Motion (Clark/Shafer) Approve Resolution 2000 -042 Janke explained that since the State Legislature will probably end tomorrow night, there is little chance that the legislature will approve a municipal dividend this year but this resolution should still be supported at this time. Clark recalled discussions he had as a member of one of the Alaska Municipal League committees and spoke in favor of the resolution. Motion passed. Unanimous. Other New Business. Scheduling a council work session regarding Ordinance 2000 -011, updating Seward City Code Title 3, Personnel. By unanimous consent, a work session was scheduled for noon Friday, April 28, to discuss Title 3. Informational Items and Reports Janke explained that the on -call emergency contract form and emergency contract work policy is in response to previous emergencies. In response to a question from Orr, Janke said that approval of this emergency contract work policy would be used to create an pre- approved contractor list. The contract form and emergency contract work policy was approved by unanimous consent of the Council. Council comments Brossow wondered why the City picked an insurance rate higher than the State of Alaska. In response, Janke explained the one million dollar insurance requirement was at the recommendation of the City's insurance carriers and has been in effect for a number of years. Calhoon said the insurance requirement for charter boat operators to fish out of Seward is the same for everyone, both locals and non - locals, and this level playing field is what is important. City of Seward, Alaska City Council Minutes April 24, 2000 Volume 35, Page 204 Shafer gave credit to the Alaska Vocational Technical Center students for their willingness to build a well house and parking management building. Shafer also complimented Chief Chapman for implementing senior check program, the upcoming bike patrol program, and the police reserve program. Shafer knew this was a lot of hard work on Chapman's part and he deserved credit. Clark noted he attended the Alaska Vocational Technical Center graduation equivalency diploma (GED) ceremony and was quite impressed with the ceremony and the accomplishments of the main speaker. Blatchford said the Alaska Finance Directors Association will be holding their annual conference in Seward starting this Wednesday and welcomed them to town. King complimented Harbormaster Beckham for his organizational skills during the three day trip to Washington State to view harbor float systems. King appreciated Beckham's on developing the itinerary and helping to make every moment of the trip informative and well spent. Citizens' comments Council and administration response to citizens' comments Janke noted that in response to the community and City Council efforts, there is a lot of money coming to Seward from this year's legislature in support of the Alaska Vocational Technical Center. This support from Juneau shows that when the community works together it can solve big problems. In addition, Janke took the opportunity to inform the Council of a couple of additional items that should have come under the City Manager report earlier in the evening: Funding for the Qutekcak Shellfish Hatchery, a grant from the Alaska Science and Technology Foundation, looks secure in the amount of about $600,000 over a three year period. Schrock worked with local pilots to develop and submit a list of airport improve- ments. Some of the improvements consist of additional airport instrumentation, airport terminal, a grant for utility sewer and water extensions, and resurfacing existing runways. Adjournment Blatchford e.; F "'fill The meeting was adjourned at 8:55 City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 205 I Call to order The May 8, 2000, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Mike 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 Scott Janke, City Manager Cheryl Brooking, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Andrea Knopik received a proclamation recognizing her as a National PTA Award of Merit Recipient. Knopik explained how the vibraphone works and then performed her original composition entitled "Frozen Dissonance." On behalf of the Historic Preservation Society, Historic Preservation Commissioner Bill Hearn received a proclamation recognizing National Historic Preservation Week 2000. A proclamation encouraging improving the safety and health of Seward employees and citizens was read, proclaiming May as Nobody Gets Hurt Month. A proclamation recognizing May 7 -13, 2000, as National Correctional Officers Week was read. City of Seward, Alaska City Council Minutes May 8 2000 Volume 35, Page 206 Borough Assembly Report. Kenai Peninsula Borough Assembly Member Pete Sprague gave the report on behalf of Assembly Member O'Brien. [The report was received by the council out of order and is written below.l City Manager's Report. Janke reported that May 20 will be the start of the first annual Seward Jazz Festival, and if anyone has specific questions they should address them to Council Member Clark, who is helping to organize and promote the event. Janke highlighted sections of his written report, focusing on: State Legislature funding for Alaska Vocational Technical Center housing; State Legislature funding for East Harbor expansion; Federal requests for sewer and water system grants and transfer of Lowell Creek Tunnel back to the Army Corps of Engineers; Japanese Creek and North Forest Acres Levee permitting process update; reporting on a trip to Kodiak with Port and Commerce Chairman Ron Long to attend a workshop on Foreign Trade Zones. In addition, Janke said the.consulting firm, Woods and Associates, will do a city wide employee survey this fall. City Attorney's Report. Cheryl Brooking gave the city attorney report summarizing legal activities during the March 20 - April 20, 2000, period. The city law firm assisted in various matters, including: preparing resolutions; personnel matters; revisions to Title 3; reviewed harbor ordinances for possible amendments in view of harbor improvements; worked on closing the final phase of the sawmill site transfer; attended the Raptor Electrocution and Collision Prevention workshop relating to electric utilities issues under the Migratory Bird Treaty Act; and continued to monitor the litigation and other matters related to the Alaska 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. Jim Collman, 609 Fourth Avenue, Seward, spoke in opposition to James Pruitt's proposal to lease an additional 25 feet of city property on the north side of his current lease at Gateway Texaco. Collman discussed the following issues: 1) No other business will have the same opportunity for a lease expansion in the harbor because it negatively impacts needed parking areas; 2) Collman recalled a prior suggestion to redesign Gateway Texaco's access to the north, but this suggestion was rejected; 3) Collman wondered when the City will finalize the formal platting of the harbor area to solidify existing boundaries; 4) suggested the State Department of Transportation make recommenda- tions for highway access of fuel trucks into the Gateway Texaco station; and 5) Collman questioned how many more times must the City revisit this issue. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda. Janke deleted Resolution 2000 -044 from the agenda, a resolution regarding entering into a thirty year lease agreement with James Pruitt for a portion of Tract A, North Harbor Subdivision, because the item was not quite ready for council consideration. City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 207 Janke requested an executive session following the council meeting. Amendment (Clark/Shafer) For the Council to meet in executive session following the council meeting for matters pertaining to threatened or pending litigation and to exchange attorney - client privi- leged information and give direction to legal counsel. Amendment passed. Amendment (Clark/Brossow) Unanimous. To allow the Kenai Peninsula Borough report to be taken out of order and given when Assembly Member Pete Sprague arrives. Amendment passed. Main motion. Unanimous. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -046, on delaying congressional action on Internet tax moratorium. ' April 24, 2000 meeting minutes. Request for formal council objection to the Continuation of the Legends of the Mountain Liquor License because of unpaid taxes due the City. (Mayor Blatchford noted he would abstain on this item because of an ownership interest in Legends of the Mountain restaurant.) Council consent to Fort Raymond Subdivision Replat Number 2, Review of Fort Raymond Replat Number 2. (The purpose of this replat is to 1) separate the new ball field from the cemetery property; 2) make the Oddfellows Cemetery a platted lot; 3) dedicate the south 20 feet of the cemetery property to Coolidge Drive. The replat also creates a new lot on Kenai Peninsula Borough property.for a new city well.) Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -010, amending the zoning of Lot 7, Block 2, Oceanview Subdivision from Single- Family Residential to Auto Commercial. 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. City of Seward, Alaska City Council Minutes May 8 2000 Volume 35, Page 208 Motion (Clark/Shafer) Enact Ordinance 2000 -010 Planning Technician James gave the administrative overview, noting that the Seward Seaman's Mission request to change the zoning of the property from Single Family Residential to Auto - Commercial was consistent with the City Code Review, Comprehensive Pan, Land Use Plan, and the Strategic Plan. Motion passed. Unanimous. Ordinance 2000 -011, amending Seward City Code, Title 3, Personnel, making certain changes to comply with various laws and policies, eliminating outdated language, and reducing conflicts within the Code. 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 (Clark/Shafer) Enact Ordinance 2000 -011 Personnel Officer Welsh stated the ordinance is essentially the same as what was presented to the Council at the April 24 meeting, with a few minor changes that were made following the council work session. Motion passed. Unanimous. Unfinished business. None. New business. Resolutions. Resolution 2000 -045 awarding a contract to Chipman Construction in the amount not to exceed $59,950 for the repair and renovation of the fire hall roof. Motion (Shafer /Clark) Approve Resolution 2000 -045 Janke explained that the fire hall roof repair was bid out about a year ago, but the bids came in above budget at that time. Since then the council added more money to this budget item and the Administration changed the project to a design/build format. Clark wondered why there was such a spread in proposal prices between the two proposals in the council packet. Engineering and Utilities Manager Calvert responded by stating the difference in proposal price amounts was a result of the different designs that were proposed. In response to City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 209 ' a follow up question from Clark, Calvert stated the recommended firm guaranteed their work for a ten year period. Motion passed. Unanimous. Resolution 2000 -047, authorizing a contract between the City of Seward and the State of Alaska Department of Motor Vehicles that provides for the City of Seward to operate the Seward branch of the Department of Motor Vehicles. Motion (Calhoon /Shafer) Approve Resolution 2000 -047 Janke explained that with this contract, the City will continue the current relationship between the City and the Alaska Department of Motor Vehicles. The only new item is now the City will own the Department of Motor Vehicle's computer equipment. In exchange for gaining ownership, responsibility, and costs for this computer equipment, the City of Seward negotiated a greater percentage of revenues to operate the office. Motion passed. Unanimous. Resolution 2000 -048, authorizing a reimbursable expenditure from the General Fund fund ' balance for Historic Preservation Commissioners trip fora conference on historic preservation issues. Motion (Clark/Shafer) Approve Resolution 2000 -048 Planning Technician James explained the City recently learned of a this grant opportunity to travel to Pittsburgh, Pennsylvania, for a conference on historic preservation issues. All city money spent on this trip would be reimbursable from State of Alaska grant funds. Motion passed. Unanimous. Resolution 2000 -049, authorizing an increase in the contract with GMG General, in the amount of approximately $150,000, to provide for street asphalt patching of numerous locations throughout the city; street repairs in the vicinity of the harbor lighting upgrade areas; paving of southeast Harbor Employee Parking Lot; and providing for the bike path extension. Motion Approve Resolution 2000 -049 Janke stated that since the snow has melted from the streets it has become apparent how bad the streets are and how much paving is actually required. In response to a question from Clark, Janke said Ballaine Blvd., Marathon Rd, and Bear Drive were approved as part of the city's capital budget. Janke said he anticipates the City's revenues from property taxes will be about $75,000 to $100,000 higher than budgeted, due mainly to the increase in assessment values. In addition, the City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 210 Legislature cut less from municipal revenue assistance than the City budgeted and this was $30,000 more than anticipated in the budget. In response to a question from Orr, Public Works Superintendent W.C. Casey explained the amount of time and energy that Casey's crew puts into maintaining the roads. Casey stated the proposed patching repair list was just a portion of the City's patching needs. Shafer stated Nash Road was becoming a real safety hazard, particularly with traffic veering into the oncoming lane to miss large potholes. Brossow echoed Shafer's concerns about Nash Road and was glad to see that this major pothole problem along Nash Road would be addressed with this paving project. Motion passed Unanimous. Pete Sprague, Kenai Peninsula Borough Assembly, Soldotna, began his presentation by thanking the City Council for their hospitality to the Borough Assembly when the Assembly came to Seward last week. Sprague stated he was giving the presentation on behalf of Assembly Member O'Brien who was unable to make it tonight. Sprague then reviewed the May 2 meeting that was held in Seward. Sprague concluded his report by stating he had a very enjoyable time at the Seward Sports Banquet earlier in the evening. Other New Business Items James Pruitt proposal to lease an additional 25 feet of city property on the north side his current lease (Gateway Texaco), Lease 84 -043. Motion Forward Pruitt's request to the Planning and Zoning Commission to make a recommendation to the City Council regarding the pros and cons of disposing of up to an additional 25 feet to the current Gateway Texaco lease. Janke explained this item is a request from Pruitt to expand his lease, known as Gateway Texaco, an additional 25 feet to the north. Janke suggested that this request for property, which has not been identified for lease, should follow council procedures and the Council should remand this issue to the Planning and Zoning Commission for review. Shafer said this item had been before the Planning and Zoning Commission in the past and the Commission did not favor leasing additional land at that time. Shafer wondered why the Council would ask Planning and Zoning Commission to revisit this issue again and probably receive the same recommendation from the Planning and Zoning Commission. Janke explained that the Planning and Zoning Commission reviewed a proposal from Pruitt to lease an additional eighty feet to the north of his current lease, but the Commission has not had an opportunity to review it 25 foot expansion request Calhoon said he thought it was appropriate to give due process to this request by forwarding the issue to the Planning and Zoning Commission, although his initial reaction was to vote against forwarding the request to the Planning and Zoning Commission. Calhoon said that his position had City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 211 not changed at this point, but he would consider the Planning and Zoning comments and re -look at the issue when it returned to the Council. Orr spoke in favor of the request going forward to the Planning and Zoning Commission. In addition, Orr thought that if the City allowed Pruitt to lease an additional 25 feet to the north of the current lease it would not change the current parking situation. There are public parking spaces currently encroaching on Pruitt's land, and if Pruitt put up a fence it would decrease available public parking without a lease amendment. King said that speaking with Pruitt earlier in the week, he learned that even fifteen feet might be adequate for Pruitt's needs. Motion passed. Unanimous. Council comments Brossow thanked Assembly Member Sprague for giving the Assembly report. He also thanked Andrea Knopik for her vibraphone presentation. In response to a question from Shafer, Janke stated the Gateway Playground equipment will be installed prior to the end of June. Shafer encouraged everyone to come out for the first annual Jazz Festival. Calhoon also thanked Knopik for her wonderful vibraphone presentation. Calhoon thanked everyone who participated in the annual spring clean -up. Calhoon asked Sprague to remind the Assembly he will be sending a letter asking the Assembly to consider exempting rents and leases from sales taxes. Calhoon said he will make suggestions at an upcoming council meeting suggesting ways to increase the boat repair business at the Seward Marine Industrial Center. Clark also congratulated Knopik on her original composition and her presentation this evening. Blatchford also congratulated Knopik. Additionally, Blatchford congratulated Controller Kris Erchinger for receiving her Masters of Public Administration Degree from the University of Alaska, Anchorage. Blatchford said he had been invited to speak before the Sitnasuak Native Corporation in Nome, a community at the other end of the Seward Iditarod Trail, this Saturday, May 13. In addition, Blatchford was invited to speak before a graduation class at the Alaska Vocational Technical Center. Citizens' comments Jim Pruitt, Maple Street, reviewed his reasons for the request for an additional 25 feet north of the area he currently leases from the City of Seward. Some of the reasons included: a discussion about a utility corridor, and how an as -built revealed property lines that went into the current parking area; in addition, the five foot parking set back was removed and put additional limitation on the use of his lot by eliminating this buffer zone. In addition, Pruitt said his engineer developed a parking design when he originally requested an additional eighty feet to the north of his current lease. Pruitt's City of Seward, Alaska City Council Minutes May 8, 2000 Volume 35, Page 212 engineer came up with an additional twelve spaces, even after accounting for a proposed fifty foot northward expansion. Pruitt stated the City was welcome to review his engineer's study when evaluating his current request. In response to a question from Shafer on another topic, Pruitt said he had preliminary drawings of building plans for his property he owns on Fourth and Waterfront. Pruitt stated the Council was welcome to review those plans and he would give the drawings to the City Manager. Jim Coltman, 609 Fourth Avenue, spoke in support of the "Nobody Gets Hurt Week" proclamation. Collman suggested collaborating on safety issues with the Alaska Vocational Technical Center, focusing on the new State of Alaska boat safety regulations. Collman thanked Council Member Clark for his efforts in developing the Seward Jazz Festival Web Site and promoting the event. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:10 p.m. Patrick Reilly Edgar Blatchford City Clerk Mayor tt1l1fl / 'r� ( Ctt�� tr 3 �,�4 E ,+ • STEA •9 0 M • q•.....s... S �`* , y r �� i OF `,iA1,P•Zv City of Seward, Alaska City Council Minutes May 22 2000 Volume 35, Page 213 Call to order The May 22, 2000 regular meeting of the Seward City Council was called to order at 7:30 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 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. Seward's first woman mayor and long -time resident, Lee McAnerney, received a proclamation recognizing her contributions to the City of Seward and State of Alaska. Borough Assembly Report. None. City Manager's Report. Janke updated the council on the following topics: - Customer service training at city hall for city employees will be held May 30 and June 2, and the familiarization (FAM) day training for the community will be held at the Hotel Edgewater on May 25. -Based on a suggestion from Council Member Shafer, city employee job descriptions will be amended to show the City will evaluate employees on their customer service skills. - Paving projects are moving forward and looking good. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 214 -Many capital construction projects are underway, including, constructing the electric generation facility, fire hall roof construction, and numerous water and sewer improvements. -The City Manager, along with Assistant City Manger Schrock, will attend a Division of Governmental Coordination meeting in Anchorage concerning the Japanese Creek Levee and North Forest Acres projects. -Janke is working on recommendations to dispose of city land on the West Side of Fourth Avenue, portions of the Seward Marine Industrial Center Uplands, and the Nash Road Bench Area. -Along with Finance Director Gifford, Janke is working on bringing a franchise agreement concerning refuse pick -up service to the public for a vote this fall. -There is a need for some technical amendments concerning a resolution amending a paving contract'with GMG General, Inc. at the May 8 council meeting. There will be a second resolution, with the technical amendments, at the June 12 council meeting. City Attorney's Report. None. Other Reports, Announcements and Presentations. Historic Preservation Commissioner Applicants: Iris Darling; Jeanne Galvano; Bill Hearn; and Kelly Martin. Jeanne Galvano, 423 Second Avenue, stated she has been on the Historic Preservation Commission for the past six years, with the last two as chair of the Commission. Galvano stated that during her commission tenure she worked on grant applications, and concluded her comments by adding she has enjoyed the work and serving the community. Multi -Use Facility update, Kenai Fjords National Park Superintendent Anne Castellina. Anne Castellina, 211 Bluefield Drive, stated she was happy to report significant progress in the last year concerning the proposed Seward Visitor Center. The visitor center project started in 1995 when the Kenai Fjords National Park identified a need for a new and larger visitor center and administrative headquarters facility. By 1996 Chugach National Forest, Alaska Department of Natural Resources, Alaska State Parks, the City of Seward, and the Chamber of Commerce and Visitors Bureau had all become partners in the project. The City of Seward took an early lead by spending bed tax dollars on the first Conceptual Planning and Design Study for the new facility. In early 1999 the partners began initial discussions with the University of Alaska, Institute of Marine Science for the purchase of the IM Rae building and 2.4 acres of University land near the Alaska SeaLife Center. Currently, the partners hope to receive funding in Fiscal Year 2001 to purchase the Rae building and the land and complete the planning and design phase of the project. Castellina concluded her report by stating she was hopeful there will be construction dollars in Fiscal Year 2002 with completion of the new facility in 2003, in time for the Seward Centennial. In addition to her Seward Visitor Center report, Castellina updated the council on a newly released Kenai Fjords National Park Visitor Services Report. The report focused on Exit Glacier visitor population statistics. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 215 t 1 t Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Jim Pruitt, Maple Street, spoke in favor of introduction of Ordinance 2000 -12, an ordinance allowing health clubs in the Harbor Commercial Zoning District. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda. Resolution 2000 -044, pertaining to entering into a thirty year lease agreement with James Pruitt for a portion of Tract A, North Harbor Subdivision, and Resolution 2000 -051, pertaining to authorizing the Harbor Uplands Platting Project were deleted from the agenda. Orr added, with unanimous council consent, a new business item pertaining to paving a pedestrian path on the North side of Jefferson Avenue from Third Avenue to Glacier View Apartments. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -043, accepting the Alaskans for Litter Prevention and Recycling ( ALPAR) grant in the amount of $2,500 to ALPAR Special Project Revenue account, and appropriating $2,500 to ALPAR Expenditures account. Resolution 2000 -053, adopting language clarifying billing procedures for the electric tariff "Industrial" rate schedule. May 8, 2000 meeting minutes. Public hearings Sending a letter of non - objection to the Alcohol Beverage Control Board for a new Public Convenience Restaurant Eating Place License for Crab Pot, Inc. dba The Crab Pot Restaurant. 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 (Clark/Brossow) Do not object to the Alcohol Beverage Control Board for a new Public Convenience Restaurant Eating Place License for Crab Pot, Inc. dba The Crab Pot Restaurant. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 216 Sending a letter of non- objection to the Alcohol Beverage Control Board for a new Public Convenience Restaurant Eating Place License for the Railway Cantina; Nachobad, LLC. 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 (Clark/Calhoon) Do not object to Alcohol Beverage Control Board for a new Public Convenience Restaurant Eating Place License for the Railway Cantina; Nachobad, LLC. Motion approved. Unanimous. Unfinished business. None. New business Ordinances for Introduction Ordinance 2000 -12, amending Seward City Code, Title 15, Land Uses Allowed Table 15.10.225, to allow health clubs in the Harbor Commercial Zoning District. Motion (Orr /Clark) Introduce Ordinance 2000 -12, and set a public hearing for the June 12 council meeting. Janke noted this zoning amendment was recommended by the Planning and Zoning Commission. Assistant City Manager Schrock reviewed the procedural background by stating the issue first surfaced.when the business owner came to the city to inquire about sign regulations. At that time the Administration realized that health clubs were not an use in the Harbor Commercial Zoning District. Since there is no ability to get a variance for a use that is not allowed, there was a need to request a zoning amendment in order to allow health clubs in the Harbor Commercial Zoning District. Although this zoning change does conflict with the Small Boat Harbor Management Plan, because there is an inference that the harbor commercial area would be limited to water related used and not detract from the downtown commercial area, it was consistent with the 1999 Strategic Plan. Motion approved. Unanimous. Ordinance 2000 -13, amending the Seward City Code, Chapter 2.30, Boards and Commissions, to allow for direct council appointments of board and commission members by deleting the procedure requiring the mayor to first nominate candidates for appointment. Motion Introduce Ordinance 2000 -13, and set a public hearing for the June 12 Council Meeting. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 217 King, as the sponsor of the ordinance, explained there was a conflict between Rule 38 of the Council Rules of Procedure and how the City Code addresses council appointments to boards and commissions. King said he had seen appointments made using both procedures and felt it would be in the public interest to which process was the correct process to follow. Since Rule 38 of the Council Rules of Procedure was adopted more recently than the code, King spoke in favor of changing the code to follow the council rules approach. Motion approved. Unanimous. Ordinance 2000 -14, amending the Seward City Code, Chapter 14.15, Electricity, and the City of Seward Electrical Tariff, to adopt rules and rate methodologies applicable to purchases of power from qualifying facilities. Motion Introduce Ordinance 2000 -14, and set a public hearing for the June 12 council meeting. Janke reminded the Council that the City law firm explained the need for these rule and regulatory changes to the City Code. In response to a question from King, Engineering and Utilities Manager Dave Calvert agreed that federal regulations required the proposed code changes. Calvert continued to explain that this omission in the City Code was brought to the City of Seward's attention by a possible qualifying facility that wishes to provide power to the City of Seward. Motion approved. Unanimous. Resolutions Resolution 2000 -050, amending the Seward Port and Harbor Tariff, including addition of fees for equipment usage, used oil recovery services, changing travelift fee calculation to quarter hour increments, eliminating the tiered rate schedule for daily moorage in favor of a set rate per lineal foot of overall length, and other minor fees and terminology changes. Motion (Calhoon /Clark) Approve Resolution 2000 -050 Shafer inquired about the amount of hazardous cargo that enters the Seward Harbor and the right to refuse such hazardous cargo. Harbormaster Tim Beckham stated that the City does not have a lot hazardous cargo that passes through it's harbor. In response to Orr, Beckham explained that in exchange for eliminating the thirteen rate tiers the City will now bill customers on a linear foot basis. When compared to the current tier structure, smaller boats will see a small increase in rates, and larger boats will see a small decrease in their rates. Motion approved. Unanimous. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 218 Resolution 2000 -052, awarding a contract to Swenson Construction, Inc., in the amount of $50,000, for the construction of a generator control storage building at the Fort Raymond electrical sub - station. Motion (Brossow /Shafer) Approve Resolution 2000 -052 Janke reported that this building was a budgeted and necessary item in order to house the new generator that will arrive later this summer. Motion approved. Unanimous. Resolution 2000 -054, authorizing the Comprehensive Plan Revision project and awarding a contract for professional services to URS/Dames & Moore, Inc. Motion (Clark/Shafer) Approve Resolution 2000 -054 Planning Technician James reminded council that the Comprehensive Plan was updated in 1990. The City received a $30,000 grant in 1998 from the Kenai Peninsula Borough. The City used some of the grant funds to develop the Strategic Plan. The goal now was to use the remaining funds for work sessions with the Planning and Zoning Commission and to target key areas of the community for their input. Orr encouraged lots of interaction with the community while developing the Comprehensive Plan update. In response to Orr's comments, James said she envisioned lots of interaction with the community, particularly those that may be most impacted by any changes. James said she will be sure to reach out and invite groups, such as the Small Boat Harbor Association and Downtown Merchants Associaton, to the upcoming meetings. Motion (Clark/Shafer) Amend the Fourth Whereas clause to read "Main- tain Comprehensive and Land Use Plan that Reflect and Achieve the Community's Vision through continued public input" Amendment passed. Unanimous. Motion passed. Unanimous. Other New Business Items The Council shall appoint three, three -year, Historic Preservation Commissioner appointments, and one, two -year appointment. The applicants are: Iris Darling; Jeanne Galvano; Bill Hearn; and Kelly Martin. City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 219 By unanimous consent, Iris Darling was appointed to a two -year term and Jeanne Galvano, Bill Hearn, and Kelly Martin were appointed to three -year terms to the Historic Preservation Commission. Scheduling of council work sessions for the purpose of discussing the Seward Marine Industrial Center Upland Boat Work Policy and computer based management information systems. The Council scheduled a work session on the Seward Marine Industrial Center Upland Boat Work Policy for Tuesday, May 30 at 6:30 p.m. and a work session on the City's computer based management information systems for Thursday, June 8, at 6:30 p.m. Regarding a change order to the GMG General, Inc. contract to pave a pedestrian path on the North side of Jefferson Avenue from Third to Glacier View Apartments for an amount not to exceed $13,612, with the funding being appropriated from the General Fund fund balance. Motion (Orr/Brossow) Approve a change order to the GMG General Inc. contract to pave a pedestrian path on the North side of Jefferson Avenue from Third to Glacier View Apartments for an amount not to exceed $13,612, with the funding being appropriated from ' the General Fund fund balance. Janke explained that if the Council desired to have the work done this year, then it was important to approve a contract change at tonight's meeting because the pavers planned to leave town at the end of the week. Council comments Shafer congratulated all the seniors that were graduating tomorrow night. Shafer was pleased to announce the Alaska Academy of Family Physicians will use Seward as the site for their convention next year. Orr thanked the Administration for their timely action on the paving project amendment to the GMG General's contract that was approved at this evening's meeting. He stated that this was an example of how the City could be responsive to the community's needs on short notice. Calhoon thanked McAnenery for her time and commitment to the community. Calhoon suggested relocating signs directing visitors through Fourth Avenue, as opposed to along Ballaine Blvd. This sign change might help increase business in the downtown area. Calhoon encouraged stricter enforcement of the dog leash law in our public parks. Clark had a number of comments, including: stating he will miss his good friend and mentor, Lee McAnenery, after she moves to Anchorage; thanking Castellina for her efforts to devlop the Multi - Agency Facility; congratulating the Seward High School graduating seniors; thanking all those who participated in the Seward Jazz Festival; and ruminating on a potential future use for the current City of Seward, Alaska City Council Minutes May 22, 2000 Volume 35, Page 220 Harbormaster's building. Clark explored the idea that after the Kenai Fjords National Park Service relocated their employees to the Multi- Agency Facility, and city employees vacated the Harbormaster's building for the current Kenai Fjords National Park Service building, the empty Harbormaster's building could be transformed into a "music shed" for community events. Blatchford said that the City of Seward owed both Stu, and his wife, Carol, thanks for their efforts to promote the Seward Jazz Festival; thanked McAnerney for her years of service to the City of Seward and the State of Alaska; and thanked all the volunteers and city staff who participated in putting out the fire on the West side of Japanese Creek. The fire fighters did a great job containing the fire and averting a community disaster. Citizens' comments Bob Valdatta, 525 Fifth Avenue, expressed concerns about zoning restrictions, particularly restrictions that are placed on land in the Seward Marine Industrial Center. On another topic, Valdatta added that 100,000 King smolts were delivered into the Seward Lagoon today and Rainbow Trout will be stocked at First Lake tomorrow. Jim Pruitt, Maple Street, was glad to see the Council will again address the Boat Uplands Work Policy because the work at the industrial park is getting very hectic and there is a need to develop a work policy. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:35 p.m. Patrick Reilly City Clerk Edgar Blatchford Mayor (City4NOF sew'''•. • S EAL i • City of Seward, Alaska City Council Minutes May 22, 2000 volume 35, Page 221 Call to order The May 22, 2000 special meeting of the Seward City Council was called to order at 6:00 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 Michael Calhoon Stu Clark Jerry King Nathan Orr (arrived 6:27 p.m.) Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk (left at 6:05 p.m.) Absent were: None. Citizens' comments on agenda items not scheduled for public hearing None. Motion (Clark/Shafer) Approve the Special Meeting Agenda. Motion passed. Yes: Blatchford, Brossow, Calhoon, Clark, King, Shafer No: None Absent: Orr Motion (Clark/Brossow) Go into executive session with the City Manager for the purpose of performing the semi - annual employee evaluation. Motion passed. Yes: Blatchford, Brossow, Calhoon, Clark, King, Shafer City of Seward, Alaska May 22, 2000 City Council Minutes Volume 35, Page 222 No: None Absent: Orr The Council and the City Manager went into executive session until approximately 7:10 p.m. Citizens' comments None. Adjournment The meeting was adjourned at 7:10 p.m. - Z - 4��r- Patrick Reilly City Clerk Te - , 1 Edgar Blatchford Mayor (City Seal) d -*! 1k, S 0 • i• •_ City of Seward, Alaska City Council Minutes June 12, 2000 Volume 35, Page 223 Call to order The June 12, 2000 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Police Chief Michael Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and 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 Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent David Brossow Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford thanked the volunteers of the Seward Volunteer Fire Department, the Bear Creek Fire Department, the Seward Volunteer Ambulance Corps, and the United States Forest Service for their assistance in extinguishing a wild land fire that started in the Japanese Creek area on May 10, 2000. Sean Corrigan and Cliff Simons, Captains of the Seward Volunteer Fire Department, Tim Crozer, Firefighter with the Seward Volunteer Fire Department, and Mark Beals with the Bear Creek Volunteer Fire Department were present to receive the proclamations on behalf of their organizations. Borough Assembly Report. Assembly Member Pat O'Brien, 414 Fifth Avenue, updated the Council on recent Kenai Peninsula Borough Assembly action, which included passage of a 77 million dollar Kenai Peninsula Borough budget, 44 million of which was allocated to support education. City Manager's Report. Janke updated the Council on the following items: City of Seward, Alaska City Council Minutes June 12, 2000 Volume 35, Page 224 - discussed a recent newspaper article concerning the Seward Marine Industrial Center Work Policy that had a number of inaccuracies; -Mayor Blatchford and Janke met with Anchorage Mayor Elect George Wuerch to discuss the possibilities of an expanded relationship between the City of Seward and Anchorage; -Gave a construction update on the Gateway Park Tot Lot has started and is scheduled to be completed at the end of this month; - In response to recent City of Seward appraisals of leased land, the City received letters of objections from numerous leaseholders and the City has received three appraisals that were ordered by the leaseholders. In accordance with the lease terms, the City is now reviewing these new appraisals and negotiating with the leaseholders to establish appropriate lease price terms. -There are now draft parking lot striping configuration options for the central parking lot in the Small Boat Harbor which will be distributed to the harbor area merchants for their input. - Construction of a new fire roof is underway. -The water well has now reached 240 feet and is still under construction in order to reach sufficient water flow requirements. -There will be a telephone conference link with the Kenai Peninsula Road Service Area Board for their June 13 meeting. In response to questions from council member Clark, Fire Chief Dave Squires explained the procedures that were being implemented to help improve communications during emergencies. Janke complimented the volunteers for their ability to quickly contain the very dangerous situation. Blatchford described how he was coming into town as the fire started and he was very aware that with the dry north wind a very dangerous situation was developing that could have quickly got out of control. Blatchford concluded his remarks by reiterating the volunteers did an excellent job. City Attorney's Report. Attorney Brad Meyen summarized the city attorney activities during the period April 20, 2000 through May 20, 2000. Some of the activities included: assisted in reviewing resolutions, ordinances, public records issues, various lease issues, and a proposed new franchise agreement for garbage collection services; provided legal services in personnel and tariff rate matters and reviewed issues related to the purchase of power from qualifying facilities. Meyen introduced Dean Thompson, of Kempell, Huffman and Ellis, PC, who was attending the meeting to answer council questions concerning electricity issues. Other Reports, Announcements and Presentations. Grant Fry, on behalf of the Western Alaska Council, Boy Scouts of America made a request to reserve the waterfront camping area from June 4 -10, 2001 for "2001: An Alaskan Odyssey." This event is expected to bring over 5,000 Boy Scouts and Cub Scouts. Fry stated the goal is to keep the budget low so that all scouts can afford this event. It is expected the musical group Oak Ridge Boys will perform a concert in Seward for the Scouts during this period. In response to a question from Blatchford, Fry stated the Scouts would be from all over Alaska. In addition to the Scouts, there will probably be one adult for every five to six scouts. City of Seward, Alaska City Council Minutes June 12 2000 Volume 35, Page 225 1 1 t D.J. Witman, representing Seward Ships Drydock, Inc, thanked the council for allowing time for his presentation, reminding the Council that many years ago these reports were a regular council item. Witman highlighted the various boat and maintenance projects that Seward Ships Drydock was currently working on, and the number of employees and payroll that the company is currently bringing to the community. The first quarter of the year the company had 58 employees, paid out $352,000 in gross wages, and worked over 21,150 employee hours. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Chuck Karges, Dimond Blvd, representing the Seward Pioneers of Alaska, spoke in support of Resolution 2000 -060, encouraging the City funding the building of a cedar split rail fence in the City Cemetery. On another topic, Karges encouraged Seward to rename Japanese Creek back to Japp Creek, because the creek was originally named after a family, not a country or a politician. Susan Swiderski, Box 1815, speaking on behalf of the Downtown Business Association, spoke in favor of the plan to purchase property on the corner of Fourth Avenue and Adams Street for the purchase of public restaurants. Motion (Clark/Shafer) Approve the agenda and consent agenda. Amendment (Clark/Shafer) Council meet in an executive session following this eve- ning's council meeting for the purpose of discussing with the City Attorney matters pertaining to threatened or pending litigation with Cook Inlet Processing and to give direction to legal council. Amendment passed Unanimous. Amendment (Clark/Shafer) Continuation of the City Manager evaluation. Amendment passed Unanimous. Janke Scheduled a work session for June 26, from 7 to 7:30 p.m. for a report from our solid waste contractor. In addition, Janke added to the agenda the Boy Scouts request to reserve a portion of the Waterfront Park. Amendment passed (Clark/Shafer) Unanimous. Main Motion approved. Unanimous. Resolution 2000 -058, supporting Senator Stevens in his effort to secure $20 million a year, for the next five years, of increased funding for the Federal Payment in Lieu of Taxes (PELT) Program. The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes June 12, 2000 Volume 35, Page 226 Resolution 2000 -060, authorizing the Parks and Recreation Department to build a cedar split rail fence in the City Cemetery, and appropriating funds in the amount of $3,600 from General Fund fund balance to Parks and Recreation, Park Maintenance Expenditures. Public hearings Ordinances for Public Hearing and Enactment Ordinance 2000 -12, amending Seward City Code, Title 15, Land Uses Allowed Table 15.10.225, to allow health clubs in the Harbor Commercial Zoning District. 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 (Calhoon /Clark) Enact Ordinance 2000 -12. Community Development Planning Technician James gave the Administrative overview. James stated this proposed zoning code amendment is in reaction to the Administration becoming aware of a business that was operating in the Harbor Commercial Zoning District. James explained the request is consistent with the Comprehensive Plan, Strategic Plan. Although there was some ambiguity as to whether or not it was consistent with the Small Boat Harbor Management Plan, after review of photos over the past decade it was obvious that the Small Boat Harbor area is now similar to the Downtown Commercial District and the proposed health club would not have a greater impact on this area than other businesses in the boat harbor area. Motion passed. Unanimous. Ordinance 2000 -13, amending the Seward City Code, Chapter 2.30, Boards and Commissions, to allow for direct council appointments of board and commission members by deleting the procedure requiring the mayor to first nominate candidates for appointment. 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) Enact Ordinance 2000 -013. King explained that he was the sponsor of this ordinance and Calhoon was the co- sponsor. This ordinance resolved a conflict between how the Seward City Code and the Council Rules of Procedure addressed the appointment process. Motion passed. Unanimous. Ordinance 2000 -14, amending the Seward City Code, Chapter 14.15, Electricity, and the City of Seward Electrical Tariff, to adopt rules and rate methodologies applicable to purchases of power from qualifying facilities. City of Seward, Alaska City Council Minutes June 12 2000 Volume 35, Page 227 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 (Clark/King) Enact Ordinance 2000 -14. Janke explained that both the City Attorney, Brad Meyen, and outside council, Dave Thompson, were available to answer questions. Calvert explained that since the Public Utility Regulatory Policy Act ( PURPA) was passed in 1978, Seward had no need to address PURPA issues until a request was recently received by a company that offered to supply power to the City of Seward. Attorney Dean Thompson explained that the ordinance provided a procedural framework to respond to all inquiries from potentially qualifying facilities who which to sell power to the City of Seward. Motion passed. Unanimous. Resolutions Requiring Public Hearing Resolution 2000 -056, authorizing the City Manager to enter a new lease agreement with Jack Scoby for a portion of Block 8, Oceanview Subdivision, for the purposes of operating a retail merchandise facility. 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 (Clark/Calhoon) Approve Resolution 2000 -056. Janke explained there were two goals with this resolution, one being to assist the lease holder to obtain long term financing, and the other to update the City of Seward outdated lease language. Motion passed. Unanimous. Resolution 2000 -057, authorizing the City Manager to implement the Seward Marine Industrial Center Upland Boat Works Policy. (Note: There is a second public hearing for Resolution 2000 -057 scheduled on June 26.) Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Dan Lowry, representing Dalo Marine, questioned why there was still a concern about limiting work to twenty five percent of a boat's hull. Lowry explained that if there is a project underway and it becomes apparent that more than twenty five percent of the hull was involved it would be a poor council policy to demand that the work be discontinued at that point. City of Seward, Alaska City Council Minutes June 12, 2000 Volume 35, Page 228 D.J. Witman, representing Seward Ship's Drydock, responding to comments concerning the twenty five percent of the hull limit, explained that in his thirty five years in the business there had been less than one percent of the boats that he repaired where he did not know what percentage of the hull needed repair prior to starting the job. Dan Lowry, in response to Witman's comments gave an example of a current project that he was working on where close to seventy percent of the hull needed work and the boat owner did not know how much of the hull was damaged. Lowry stated that with smaller vessels, in contrast to larger vessels that Seward Ship's Drydock may work on, often do not know how much of a boat hull needs repairing prior to commencing work. Motion (Clark/Shafer) Approve Resolution 2000 -057. Janke explained the Port and Commerce Advisory Board has spent nearly a year on this proposed uplands work policy. Janke added that the status quo is not appropriate because of the liability to the City. Shafer explained that in her view the Port and Commerce Advisory Board was just setting twenty five percent limit of hull work as a starting point for council discussion. Orr explained that if a company desired to do major boat work the company should lease property from the City and indemnify the City with insurance. Clark reminded the Council it was his idea to have two public comment periods in order to hear from the public on this issue and to assist the Council in their deliberations. Harbormaster Beckham explained that the Code allows the Harbormaster to designate where repair and maintenance activities can occur. This was important because the Code does not allow major construction in certain areas of the boat harbor. Beckham explained that, in general, excess of twenty five percent of hull repair is indicative of a major construction project. With unanimous consent, the Council postponed Resolution 2000 -057 to the June 26 council meeting and schedule a second public hearing for the same date. Motion passed. Unanimous. Unfinished business None. New business Resolution 2000 -051, authorizing the Harbor Uplands Platting Project, appropriating funds from the Harbor Retained Earnings Fund for the project, and awarding a contract to Integrity City of Seward, Alaska City Council Minutes June 12, 2000 Volume 35, Page 229 Surveys for an amount not to exceed $7,500 for completion of the Harbor Uplands Platting Project. Motion (Calhoon /Clark) Approve Resolution 2000 -051 Community Development Planning Technician James explained that although the City of Seward owns most of the uplands in the Seward Small Boat Harbor area, much of the area has not been platted. The lack of platting has caused difficulties defining lease terms, identifying street addresses, and has added legal fees associated with, some of these leases. Awarding a contract to Integrity Surveys would resolve these difficulties. Motion passed. Unanimous. Resolution 2000 -055, adopting a "standard form contract" for responding to inquiries from qualifying facilities having a design capacity of greater than 100 kW. Motion (Clark/Calhoon) Approve Resolution 2000 -055 Engineering & Utilities Manager Calvert explained that this form goes along with the ordinance approved earlier in the evening. The standard form contract will assist the City in not paying no more than the City should pay when purchasing electricity from a qualifying facility. Motion passed. Unanimous. Resolution 2000 -059, authorizing the City Manger to award a contract to Purcell Services, Ltd., to provide July 4 security services. Motion (Clark/Shafer) Approve Resolution 2000 -059 Janke explained that this resolution is part of the City's continuing effort to improve the quality of the July 4 experience for those who visit Seward during this time period. Janke explained the City anticipates people will start coming to town Friday evening and leaving the afternoon of Tuesday, July 4. In response to a question from Shafer, Chapman said there will be approximately the same number of police officers as last year but many of them will be working at night. The City is not asking for assistance from police forces from neighboring cities on the Peninsula because the City now has a full police force of its own. Motion passed. Unanimous. Resolution 2000 -061, increasing the legal budget for the Electric Enterprise Fund from $15,000 to $40,000 for the 2000 Budget to cover unanticipated legal expenses. Motion (Clark/King) Approve Resolution 2000 -061 City of Seward, Alaska City Council Minutes June 12, J000 Volume 35, Page 230 Janke explained this request for a budget increase was in response to unanticipated Electric Enterprise Fund legal costs associated with Marlow Power's request to sell the City of Seward electricity. Motion passed. Unanimous. Resolution 2000 -062, Amending Resolution 2000 -049 by rescinding Section 3 and replacing it with a new Section 3 which reads: "The City Manager is hereby authorized to execute a change order to the contract, on behalf of the City of Seward, with GMG General, Inc. for an amount not to exceed $190,241 for the paving of numerous City projects. Motion (Shafer /Clark) Approve Resolution 2000 -062 Motion passed. Unanimous. Resolution 2000 -063, Authorizing the city Manager to increase the authorized amount for GMG General Inc. for paving by $17,045, funding to be from a $56,000 State Grant. Motion (Clark/Shafer) Approve Resolution 2000 -063 Motion passed. Unanimous. Janke reminded that council that at the May 8 council meeting the Council approved an amendment to the GMG General, Inc.'s paving contract by approving a pedestrian path along Jefferson Street, with funding from the General Fund balance. Since that time the Administration learned that funding for this project could come from a state grant for bike paths rather than from the general fund. In addition to other bike path extensions, this resolution authorizes payment for the bike path extension from Citizens Field to the elementary school. Confirming council's intent to approve, as opposed to a mere non - objection, at the May 22, 2000 council meeting, applications for new public convenience licenses before the Alcohol Beverage Control Board for both the Crab Pot, Inc., dba The Crab Pot Restaurant, and for the Railway Cantina, Nacobad, LLC Motion Approve the application for a new public conve- nience license that is before the Alcohol Beverage Control Board for the Crab Pot, Inc., dba The Crab Pot Restaurant. Motion passed. Unanimous. Motion Approve the application for a new public conve- nience license that is before the Alcohol Beverage Control Board for the Railway Cantina, Nacobad, LLC. City of Seward, Alaska City Council Minutes June 12 2000 Volume 35, Page 231 Motion passed. Unanimous. Boy Scouts of America's request to reserve a majority of Waterfront Park from June 4 to June 10, 2001. After council discussion, including input from local Boy Scout Representative Kerry Martin, the Council directed the Administration to prepare a resolution for the next council meeting so that the Council could address the issues that might arise if the Council approves the Boy Scouts of America's request to reserve a portion of Waterfront Park. The Council scheduled the following work sessions: June 19, 2000, starting at 6:30 p.m., to discuss the pros and cons of the City building a cradle for a rail at the Seward Marine Industrial Center. June 26, 2000, from 7 -7:30 p.m., to receive a presentation from USA Waste, Inc., regarding the City of Seward's solid waste contract. Council comments Clark commended the committee members of the City's Management Information Systems Committee on their presentation to the Council at last week's work session. Clark also stated he was in agreement with the amendment to the harbor tariff that replaced wording concerning the search and rescue charges with a section on towing. Calhoon reminded the community that there is a twenty -five mile per hour limit on streets such as Fourth Avenue and numerous vehicles were exceeding these speed limits. Calhoon also reminded the community members to keep their dogs on leashes. Blatchford thanked Clark for representing the City at the Alaska Retired Educators Association and added that he heard Clark gave a good talk and represented the City well. King inquired about the need for a public vote regarding the solid waste franchise agreement and was informed by Attorney Meyen that the City has previously voted on a solid waste franchise agreements and it was a requirement of the City's Charter. Citizens' comments Parks and Recreation Director Karin Sturdy thanked the Police Department for their successful, prompt, and courteous work in solving recent vandalism crimes that occurred at the High School Softball Field and at Citizens Field. Council and administration response to citizens' comments City of Seward, Alaska City Council Minutes June 12 2000 Volume 35 Page 232 Janke agreed with Calhoon that Fourth Avenue traffic is way too fast and said he would look into posting additional signs to warn motorists about the speed limits. Shafer added she had received a lot of good comments about the newly paved roads. Adjournment The meeting was adjourned at 10:00 p.m. Patrick Reilly City Clerk T �2 , / 3,2 � Edgar Blatchford Mayor (City Seal) �.01SISSOF SFl�i�4 0 { SEAL 10 AIN City of Seward, Alaska City Council Minutes June 26 2000 Volume 35, Page 233 Call to order The June 26, 2000 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 Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Trophies that will be presented to the top three contestants in each category (Mens, Womens, Boys, and Girls) of the Mt. Marathon Race were received from Obihiro, Japan. A letter from the Mayor of Obihiro, Toshifumi Sunagawa, wishing the community a successful Fourth of July Celebration, was read. A second letter from the Chairman of the Obihiro Committee for International Friendship, Kiyotaka Kawakami, presenting a trophy for the Silver Salmon Derby and wishing our two communities another successful high school student exchange this summer was also read. Parks and Recreation Director Karin Sturdy introduced members ofthe Teen Council, Youth Council, and the Junior Council. These groups represented different types of recreation available in Seward as a proclamation designating July as Recreation and Parks Month was read. Borough Assembly Report. None. City Manager's Report. City Manager Janke reported on the following items: City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 234 -The Management Information Systems (MIS) Committee received web site proposals and the MIS Committee will review the proposals during the week. -A contractor hired to redesign the parking lots in the harbor area delivered a parking lot design for the harbor middle lot. Janke updated the Council on meetings with harbor area merchants and the idea to relocate the bus loading zones for their passengers to the Harbormaster's Plaza area to help with traffic flow; this idea will be incorporated as a test project starting this week. - Janke, along with city department heads, met with the Chamber of Commerce to discuss Fourth of July logistics. -The water and sewer system study was received by the City of Seward and was under review. The initial analysis showed study puts the City in a better position to obtain state and federal water and sewer grants. -GMG General, Inc., completed their city contracted paving projects. -The Gateway Tot Lot is more than fifty percent complete. - Camper park fees for the month of May are about the same as last year. Parking fees are down about 7 percent for the month of May, but the numbers are up for the month of June. -The Fire Department roof repair is nearly complete. -In response to a question from Clark; Janke stated the new Forest Acres water well appears ready to test. -In response to a question from King, Janke said he assumed the City borrowed traffic counters from the Department of Transportation and deployed them on various streets to see what the current daily traffic counts are. -In response to a question from Blatchford, Janke stated there was a successful fire fighting training last Saturday, using a control burn of a house for the practice situation. City Attorney's Report. None. Other Reports, Announcements and Presentations. Michael Fastabend, Kenai Peninsula Borough Spruce Beetle Coordinator, updated the Council on the formation of the Spruce Bark Beetle Task Force that was created in 1998, with the assistance of federal funding, to develop a Spruce Beetle Mitigation Program. The Kenai Peninsula Borough will receive $2,000,000 in federal funding this year, with about $1,200,000 for removal of hazard trees and fuel load reduction, $300,000 for removal of danger trees along utility corridors, and $300,000 toward regeneration. The Kenai Peninsula Borough Mayor and Assembly was informed by the Federal Senate Appropriations Committee that the Borough can expect an additional $4,000,000 for this program in the next federal fiscal year's budget. Fastabend then explained the Fire Wise Community Action Program, a program to encourage developing a defensible space for fire prevention around houses. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Grant Fry, 3117 Patterson, Anchorage, with Boy Scouts of America, explained some of the Boy Scouts of America's concerns regarding the upcoming trip to Seward next summer. The Boy Scouts Board noticed there was indication there would be a loss of $11,500 in revenues to the City of Seward, Alaska City Council Minutes June 26 2000 Volume 35, Page 235 1 1 t Seward Community, and the Association did not wish for the Community to have a revenue loss. Fry presented three points: 1) campers spend an average of $40 per camper; 2) the Scouts were prepared to minimize the impact on the community by helping with service projects and assisting with the police and fire departments to minimize safety concerns and; 3) to minimize the cost to Scouts so that the trip is affordable. Willard Dunham, Alder and Dimond, Forest Acres, expressed concern about the Downtown Seward area and the need to economically stimulate the area. Dunham thanked the Council for the proposal to purchase the vacant parcel on Fourth and Adams Street. Dunham said the north end of Seward looked good, but other than the hotel on Fifth Avenue there is little new development in this area of town. Dunham thought there was a need to make Fourth Avenue more fun in order to attract people from one area of town to another. There are 200,000 plus people moving through the Alaska SeaLife Center and there must be a plan developed to get people moving into the downtown area from the SeaLife Center and the Small Boat Harbor areas. Dunham felt some of the downtown businesses needed to be cleaned up or removed. Dunham suggested the Council focus its time and energy to this area of town. Motion (Clark/Brossow) Approve the agenda and consent agenda. Janke added the setting of work session dates to the council meeting. Shafer added a discussion of the proposed Critical Access Hospital Designation. Motion passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2000 -065, accepting additional litter patrol funds from the Kenai Peninsula Borough in the amount of $2,000 and appropriating monies to the Alaskans for Litter Prevention and Recycling grant in the amount of $2,000. Resolution 2000 -066, authorizing the City Manager to approve a purchase order in the amount of $25,000 to Resurrection Rentals for port-a -potty rentals. Resolution 2000 -069, authorizing the City Manager to execute a contract for professional computer consulting services with Michael W. Meeks, dba MWM Consulting, for the period July 1, 2000, through December 31, 2000. Resolution 2000 -070, authorizing the City Manager to amend the GMG General, Inc. paving contract by increasing the amount $1,366, and charging it to the Seward Fish Job Account. Public hearings Approval of the June 12 city council meeting minutes. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 236 Resolutions Requiring Public Hearing Resolution 2000 -057, authorizing the City Manager to implement the Seward Marine Industrial Center Upland Boat Works Policy. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jim Pruitt, Maple Street, distributed a 1989 letter from former Harbormaster Singleton to the Department of Transportation (DOT) that explained how the 250 ton travel lift primary's mission was to assist with storage and only minor repair work, and that major repair work would not be allowed. Pruitt explained that Singleton's letter discussed the risk of fire and lack of adequate work space were some of the reasons given to the DOT by the City of Seward to assure DOT that major overhaul would not take place in the City's designated storage areas. Pruitt stated he did not know if there were any strings attached to the State funding that was received back then, but he thought this information would assist the Council in understanding some of the reasons that the storage area had not been used for major construction. Ron Long, Camelot, in addition to a letter he wrote to the Council, Long recommended sending the resolution and proposed policy back to the administration with instructions to break the policy down into smaller pieces and the Council could then discuss the proposed policy section by section. D.J. Witman, of behalf of Seward Ships Drydock, stated that although Ron Long brought up some good points Witman felt is was important to deal with the Boat Works Policy now to prevent the current free- for -all boat repair work and junk that is building up on the city property. Bob Valdatta, 528 Fifth Avenue, recalled when the town was dying back in the late 70s, the goal was not to create a monopoly for the Seward Marine Industrial Center (SMIC) area, but rather, to create a work environment for many small users. The purpose of the ship lift was to put a lot of regular workers to work, not just the large corporations. No one else appeared to be heard and the public hearing was closed. Janke gave the administrative overview by stating he agreed with Valdatta that the object is to put people to work across the bay. Janke suggested striking the definition of Major Construction be removed and to allow the Harbormaster to make this decision. If someone felt the Harbormaster made a poor decision, he or she could appeal the Harbormaster's decision to the City Manager and, if necessary, to the Council. In addition, Janke said the Council had discretion to reduce the insurance requirements if the council members thought it was appropriate. In response to a question from Shafer, Janke said the SMIC lease area was for storage, and maintenance and repair. If there was a need to put in a whole new hull then this would be defined as construction. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 237 Orr wondered what was the purpose the resolution. Was the purpose to (1) limit the City's exposure to bad work practices, (2) limit the types of activities or the amount of business in the area, or (3) to stimulate business in the area? Orr said having a broader policy discussion would help him decide how much insurance would be appropriate. Janke said the goal was to (1) minimize the liability to the Community and (2) build better infrastructure to stimulate growth in the area. Currently there is a lot of environmental liability that the city must protect itself from. Orr envisioned an area for storage, an area for maintenance work such as replacing zincs and another area for construction and major repair. Orr felt the lack of adequate management was the main concern that needed to be addressed. Orr wanted to know what was necessary to give the City the tools to manage the area. Harbormaster Beckham explained there was an administrative goal to limit liability to the City and encourage an even playing field for everyone doing business in the area. The insurance limits was a major topic of discussion for the Port and Commerce Advisory Board ( PACAB). The PACAB recommendation was not out of the ordinary, and the minimum amount of what a lot of the legitimate contractors carry. Clark reminded everyone he asked for two public hearings with the hope that it would result in the Council getting a clearer understanding of where it was headed with this policy document. Clark now recommended scrapping the current proposals and to take another look at the issue in the fall, by starting with developing a clear statement of the Council's goals. Shafer expressed concern that there was a lack of manpower in the Harbor Department to enforce additional regulations for the area. In addition, Shafer spoke against the resolution because she did not understand the consequences for the area if the resolution was approved. Brossow spoke in favor of approving the resolution now, knowing it could always be amended in the future. Amend (Brossow /Orr) Amend Commercial General Liability and Ship Repair Legal Liability to one million dollars. Janke stated the none of the council members, or the administration, were insurance experts. The amount of insurance the Council requires comes down to how much risk the community finds acceptable. Janke said a one million dollar insurance policy is at least greater than how much insurance is currently required. Orr spoke in favor adopting this resolution because it was better than nothing and a good effort to get management to the area. Amendment passed. Unanimous. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 238 Amend (Clark/Shafer) Amend the definition of Construction by deleting "and /or replacement of 25% or more of hull area and exclusive of integral petroleum tanks" and deleting the definition of construction except for the following language: "Any alteration of the existing silhouette of the boat as hauled out, purely for increasing length, capacity, or similar reasons shall be deemed construction. The Harbormaster shall determine what constitutes maintenance and repair versus construction /reconstruction activities. This determination will be made prior to commencing work on any boat." Amendment failed. Yes: Calhoon, Clark, Shafer No: King, Orr, Brossow, Blatchford. Motion passed. Yes: Blatchford, Brossow, Orr, Shafer No: King, Clark, Calhoon. Resolution 2000 -064, authorizing the purchase of Lots 1, 2, 3, Block 10 Original Townsite of Seward, for the development of public infrastructure, for the purchase price of $155,000. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Bruce Sieminski, 213 Benson Drive, was very pleased that the City wished to buy the property but he did not agree with paying above the appraised price. If the property was purchased, the focus should be for the Seward residents, such a park for the people, and not just focus on the tourists. Sieminski also spoke in favor of the City considering creating a downtown assessment district to help pay for the property purchase. Bob Valdatta, 528 Fifth Avenue, suggested using the lot between the Forest Service building and the Fire Department for something other than bare land. Valdatta wondered why the Alaska SeaLife Center wasn't required to put in public toilets in the campground area. Valdatta also suggested the City purchasing additional property downtown for bathroom facilities, including maybe just a location for additional port a potties. Willard Dunham, Alder and Dimond, Forest Acres, said the Council is doing the right thing by purchasing the Fourth and Adams Street parcel. Fourth and Adams was a very good location, and even at $155,000 it was a bargain. But even with the purchase of this property, there was still a need to correctly develop the whole area. No one else appeared to be heard and the public hearing was closed. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 239 1 Motion Approve Resolution 2000 -064. In response to Dunham's comments, Janke said the purchase of this parcel was a first step in the City attempt to redevelop the property. Janke said the original asking price for the property was $195,000 and there was a lot of negotiations necessary to reach a sales price of $155,000. There was a need to provide a better facility to load and unload bus passengers out of the weather. In response to a question from Shafer, Janke said if there was a Fourth Avenue tot lot constructed, then the Third Avenue tot lot could be abandoned and used as a staging area for buses. Orr spoke in favor of the resolution, but thought it was not a good idea to mix a tot lot with a bus terminal, but that decision would be made at another time. 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 to be heard and the public hearing was closed. Unfinished business None. New business Resolutions Resolution 2000 -067, authorizing the City Manager to issue a purchase order in the amount of $146,717 to WESCO for the purchase and delivery of 5 KV metal -clad switchgear and spare parts for the Ft. Raymond Substation as part of the installation of the new 2856 KW generator, with funding provided through a State of Alaska grant. Motion Motion passed. Approve Resolution 2000 -067 Unanimous. Resolution 2000 -068, authorizing the City Manager to enter into a contract with the Boy Scouts of America for the purpose of reserving most of Waterfront Park, June 4 - June 10, 2001. Motion passed. Approve Resolution 2000 -068. Janke explained that this resolution would authorize the City to make an exception to city policy in order to allow the Boy Scouts to reserve Waterfront Park and to negotiate the appropriate price. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 240 In response to a question from Blatchford, Janke said none of the terms were set in concrete and this resolution was merely authorizing the administration to negotiate. Amend (Clark/Shafer) Delete the Whereas Clause of $2 per boy scout and eliminating section 3, a fee of $2 per Boy Scout. Amendment passed. Unanimous. Motion passed. Unanimous. Work session dates were scheduled for noon on July 11 for the purposes of discussing the City of Seward's solid waste management contract and land disposal. Critical Access Hospital Designation Shafer explained that a critical access hospital designation would help the hospital with federal program reimbursements. The designation could make a great financial difference to the Community. The Hospital is continuing to lose money and this designation could be very helpful. Council comments Brossow said he was reminded by Valdatta about Kenai Fjord Tours (KFT) and their commitment to provide a public bathroom. The bathroom was not marked as a restroom and there was no indication there was a public bathroom in their business. Janke responded that KFT was required to have a public bathroom but KFT was unwilling to put up public bathrooms signs. Calhoon said that when he was on the planning commission the final document did not require the KFT building to have a public restroom. Shafer said when she entered the Council meeting tonight she was determined to vote against the Boat Uplands Work Policy, but she supported it with an understanding the document will be before council in September with an explanation of how the document impacted the Seward Marine Industrial Center. Shafer suggested the City continue to look into an environmental insurance umbrella policy for the area. Brossow thanked the Grant Fry for taking the time to come to town to speak to the Council tonight to speak on behalf of the Boy Scouts. Clark thanked Michael Fastabend his spruce bark beetle comments. Although Clark voted against the SMIC Uplands Boat Work Policy he thought it was a good starting document and wanted to see it reviewed in September. City of Seward, Alaska City Council Minutes June 26, 2000 Volume 35, Page 241 Orr thought the SMIC Uplands Boat Work Policy was long overdue and the City can now go forward to manage the area. Orr appreciated Dunham's comments about the downtown area and said that the downtown area was one of the reasons he moved to Seward. Just like the community focused on the Alaska Vocational Technical Center to address some of their concerns, the Council may wish to consider focusing on the downtown area. Calhoon echoed everyone else's comments. Citizens' comments Bob Valdatta, 528 Fifth Avenue, spoke in favor of the City developing forms to answer people's-questions if they wish to come to town quickly to do work in the SMIC boat uplands work area. Willard Dunham, Alder and Dimond, said it was the Council's responsibility to be the leaders and facilitators to assist with developing the downtown area. Former Council Members Bill Vincent and Bill Lance developed a plan to have a downtown walking area in the late 50s and early 60s, but the plan was not developed at that time. D.J. Witman, commended the Council for taking the first step in developing a management plan for the SMIC area. Council and administration response to citizens' comments Janke thanked the Council for taking a step in developing SMIC but felt September would be too premature to make amendments to the resolution, but the Administration may be able to give a progress report by that time. Janke suggested it was time for the younger business people in the Downtown Business District to step forward and assist the more senior business leaders, such as Willard Dunham and Dorothy Urbach. Orr said if the Administration considers fencing areas of SMIC, the Administration should carefully consider how to put in fencing so as not to be a hindrance to snow removal. Blatchford wished everyone a good Fourth of July. Adjournment The meeting was adjourned at 10:20 p.m. Patrick Reilly City Clerk rQ . �3 -e 4 1 Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes June 26 20 00 Vol ume 35, Page 242 O S j . '�i °o • i S EAL • Y I -flip i yr �',►;F t "x••6.13 � City of Seward, Alaska July 10. 2000 Call to order City Council Minutes Volume 35. Pate 243 The July 10, 2000, regular meeting of the Seward City Council was called to order at 7:30 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 Michael Calhoon Stu Clark Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford read a proclamation recognizing the top three winners in the Junior Girl's, Junior Boy's, Women's and Men's Mt. Marathon Race. Borough Assembly Report. None. City Manager's Report. Assistant City Manager Schrock reviewed parking issues related to the new bus parking arrangement in the harbor area. Schrock explained that over the past three years there had been a dramatic increase in the number of buses and potential for injuries to pedestrians in the area. The City received an engineering study to mitigate some of the traffic problems in the harbor area, but unfortunately, the study was not received from the consultants prior to the start of the busy summer season. Although the City has been able to mitigate some of the pedestrian safety issues, these changes have now raised new concerns from user groups that the City Administration is currently working on. Schrock explained there was a need for scheduling two work sessions, one to discuss the solid waste garbage contract, and the other to discuss land disposals. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35 Page 244 A copy of the proposed budget schedule was distributed. The Alaska Municipal League Legislative Committee Conference will take place this year in Fairbanks on August 24 and 25. Schrock read a report from City Manager Janke updating the Council on the following items: - Janke thanked city employees for the amount of construction work accomplished so far this summer; - during the last five weeks the city paved a significant number of roads, completed two important bike trail connections and paved the employee parking lot in the harbor; - streets received improvements to the drainage system; - a new RV dump station was opened; - there was a new roof on the fire hall; - there was a new city well in place, pumping over 1000 gallons per minute; - there were a number of improvements to the electric generating plant site; - streets lights have gone up in the harbor area; - a large upgrade to the electric service at Seward Fisheries was completed; - the harbor crew was continuing to keep an aging float system in operation with skill, dedication, and a bit of magic; - a number of ADA improvements were completed in the camper park, new equipment was installed in the waterfront park playground and the new playground in Gateway Subdivision was now open; the above mentioned work was accomplished without increasing tax rates or adding new employees; and Janke apologized for any inconveniences or disruptions caused during the construction phases of these projects. The report concluded by thanking the many dedicated volunteers and employees for their help in maintaining the City's infrastructure and keeping the city clean and neat. City Attorney's Report. City Attorney Brad Meyen updated the Council on recent legal activities for the May 20 through June 20 period. The major effort of the law firm was on reviewing and revising the proposed franchise agreement for garbage collection services, reviewing and addressing lease amendment issues for existing leases in the Small Boat Harbor area, reviewing issues related to the purchase of power from qualifying facilities, and the firm continued to monitor matters related to the Alaska SeaLife Center. Meyen added that a trial date for the Alaska SeaLife Center litigation had been postponed to 2001. Other Reports, Announcements and Presentations. Presentation from Port and Commerce Advisory Board Applicants: Jim Pruitt and Dean Kasischke. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35, Page 245 Jim Pruitt, Maple Street, stated that between the former Harbor Commission, and the current Port and Commerce Advisory Board, he was involved on these commissions for about twenty two or twenty three years and was looking forward to another three years. Vern Roelfs, VEI Consultants, Lowell Point Water and Sewer Presentation. Jim McCracken, president oftheLowell Point Community Council, a 501(c)(3) corporation comprised of Lowell Point property owners, introduced Mike Wolski and Vernon Roelfs. Mike Wolski, State of Alaska, Department of Environmental Conservation, Division of Village Safe Water Program, explained that Lowell Point received a grant for $75,000 to study water and sewer options for Lowell Point. Wolski explained that Lowell Point can apply for annual grants from the Village Safe Water Program. Vernon L. Roelfs, VEI Consultants, explained his firm was doing the consulting engineer work for the Lowell Point Community Council. Roelfs gave a presentation that concluded by asking if the City Council would be receptive to Lowell Point hooking up to the City waste water treatment plant and to authorize the City Manager and Engineering Department to work with the Lowell Point Community Council to develop a memorandum of understanding for this project. Following the presentation, King questioned the capacity of the current city's lagoon system and whether a hook -up to Lowell Point would create a capacity problem for the City of Seward. King also questioned whether the City could control what goes into the septic system when the residents live outside city limits. In response, Wolski explained the City would have a contract with the Lowell Point Community Council that would authorize the City to have the authority to disconnect the system if the parties are not agreeing to the contract terms. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. D.J. Whitman, Seward Ship's Drydock, Inc. Manager, spoke in favor of not reconsidering the Boat Uplands Work Policy. Motion (Clark/Shafer) Approve the agenda and consent agenda. Amendment (Clark/Shafer) Amend Section Four of Resolution 2000 -072, to read: The City Council of the City of Seward formally requests the Kenai Peninsula Borough Assembly and Mayor to create a permanent Kenai Peninsula Borough satellite office in Seward. Motion passed Unanimous. King added the Lowell Point Community Council's request to the agenda. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35, Page 246 A work session was scheduled for July 19 at 6:00 p.m. to discuss the garbage franchise agreement and land disposals. Motion passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -072, supporting the formation of a Kenai Peninsula Borough satellite office in the Seward area. June 26, 2000 meeting minutes. Appointing Jim Pruitt and Dean Kasischke to serve three -year terms on the Port and Commerce Advisory Board. Public hearings Unfinished business Items for Reconsideration Resolution 2000 -057, authorizing the City Manager to implement the Seward Marine Industrial Center Upland Boat Works Policy. [Council Member Shafer requested this item be brought back for reconsideration.]. Motion (Shafer /Clark) Reconsider Resolution 2000 -057 Shafer explained that she asked for this item to be reconsidered because she felt the general liability insurance rates should be increased back up from one million dollars to two millions dollars. Shafer felt that there may not be enough harbor staff to enforce the proposed additional rules and regulations. Additionally, Shafer felt it might be best to define what major construction is, or to do away with a definition that focuses on the amount of work allowed on a boat hull. Shafer concluded her comments by stating that she did not feel comfortable with her vote of support at the last meeting for this resolution. King spoke in favor of reconsideration because he did not like the idea of limiting boat work to twenty five percent of a boat's hull, the percentage seemed too arbitrary. In addition, King did not think limiting boat work to a percentage of the hull would increase the likelihood that someone would lease land in the area on a long -term basis. Brossow said this document had already been approved, and favored making amendments in the future, but did not wish to revisit the whole policy at this time. Brossow expressed a concern that if the Council reconsiders the policy now, there was a risk the whole policy could fail at tonight's meeting. Orr, agreeing with Brossow, said the Policy had been reviewed for about a year by the Port and Commerce Advisory Board and the Council should not reconsider the resolution tonight. Orr favored reviewing the Policy after it was in place foir a few months. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35, Page 247 J 1 Calhoon spoke in favor of reconsidering the Resolution in order to make a few amendments to it at tonight's meeting. Reconsideration motion failed (required five votes) Yes: Calhoon, Clark, King, Shafer No: Blatchford, Brossow, Orr Motion (King/Clark) Instruct the Administration to bring an amendment at the neat meeting that amends the definition of construction by deleting the sentence "Major construction shall include where 25% or more of the hull area is renewed," and inserting "major construction" in place of the words "construction /reconstruction." Motion passed Unanimous Motion (Clark/Safer) Instruct the Administration to raise the general liability insurance limits from one million to two million dollars. Motion failed Yes: Shafer No: Blatchford, Brossow, Calhoon, Clark, King, Orr New business Resolution 2000 -071, authorizing the City Manager to pay Homer Electric Association, Inc. $22,191.26 for contract services to install underground electrical facilities to Herndon and Thompson RV Park and the Seward Park Subdivision. Motion (Clark/Brossow) Approve Resolution 2000 -071 In response to a question from Orr, Engineering & Utilities Manager Dave Calvert said the customers will fully reimburse the City for the expenses related to the work. Motion approved. Lowell Point Request Unanimous. Motion (King /Shafer) Direct the Administration to initiate discussions with the Lowell Point Community Council regarding their request to tie into the City of Seward's waste water treatment plant. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35, Page 248 In response to a question from King, Calvert said that he did not believe the City was approaching the maximum capacity to treat waste water. Calvert said there were a number of technical questions that needed to be reviewed prior to making a recommendation concerning the Lowell Point Community Council's request. Calvert said that when he discussed this issue with the Lowell Point Community Council, his paramount concern was to protect the interest of the City of Seward. Motion passed. Unanimous. Informational Items: State of Alaska and Municipal Election Calendars; and Peninsula Sanitation, a division of Waste Management, concerning garbage rates and a proposed contract. Council comments Brossow said he was glad everyone had a great Fourth of July and congratulated the Mayor for another successful running of the Race. It was nice to see Seward runners competing with world class runners. Unfortunately, Brossow had to spend the Fourth of July at a hospital in Anchorage, but while he was there he noticed that everybody watched the Mt. Marathon Race on TV. This race gave Seward a lot of statewide and national attention. Orr said it is good to have a donnybrook once in a while over an issue and he was looking forward to the next meeting. Orr added that the Council did not always have to agree on everything. Clark said that the City is unable to have bear paws on Third Avenue, like the bear paws painted on Fourth Avenue, because the City does not have authority over Third Avenue, a State street. Clark congratulated Fred Moore, who is now a winner in the 60 -69 age category, for the numerous years he has run the race and for winning in his age category. Clark added that it was nice to see the City had another successful family- orientated July Fourth weekend. Blatchford announced that July 11 will be the formal dedication of the All- America Road Designation for the Seward Highway at McHugh Creek. In addition, the Spirit of Seward Committee will meet on July 13 at the Alaska SeaLife Center to discuss the delivery of health care for the Seward area. Dr. Fred Pearce, from the University of Alaska, Anchorage, will be one of the guest speakers. King thanked the Seward Police Department, and the Parks and Recreation Department, for the great job in patrolling the area over the Fourth of July period. Orr thanked Clark for bringing up the bear paw discussion. Orr said that his take on the bear paw discussion with business owners was that it was important to remember that there are other areas, in addition to the downtown area, that should be considered when the City considers spending tax dollars to support sections of town. City of Seward, Alaska City Council Minutes July 10, 2000 Volume 35, Page 249 J Citizens' comments None. Council and administration response to citizens' comments None. Adjournment The meeting was adjourned at 9:05 p.m. Patrick Reilly City Clerk (City Seal) �� or- ef SEAL • , Z t t Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes July 2 2000 Volume 35, Page 250 Call to order The July 24, 2000, 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 Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent - None Special orders, presentations and reports Proclamations and Awards. Mayor Blatchford read a proclamation supporting recognizing the City of Seward's long -time sister -city relationship with Obihiro, Japan. Sister -City Program Coordinator, Lani Lockwood, introduced Seward exchange students Ann Linville, and Jessica Satter, and Japanese exchange students Ayaka Motoyama, Mami Takai, Daisuke Mizukami, and Yuuko Nakashima. Seward exchange student Anna Beck was unable to attend the Council Meeting because she was at volleyball camp. Each Japanese student gave a brief presentation about themselves, their family, and expressed their excitement about coming to Seward. Borough Assembly Report. None. City Manager's Report. Janke reported on the following items: A dinner table has been reserved for Council Members who wish to attend the Alaska SeaLife Center Invitational that will b, ; id on August 11. Council Members should contact Janke if they are interested in attending. City of Seward, Alaska City Council Minutes Julv'8(l, 2000 Volume 35, Page 251 - The new colonel in charge of the Alaska Army Corps of Engineers will visit Seward on August 8. Janke updated the Council on the July 21, 2000 written report received from the City's Washington D.C. lobbyist, C.J. Zane and Brad Gilman. Janke met with the Alaska Department of Transportation and discussed the State Transportation Improvement Plan (STIP). There was some concern with the Port Avenue project getting bumped to a later funding year than originally anticipated. The City is working with the Kenai Peninsula Borough to encourage the State to put Lowell Point Road on the STIP. In response to a question from Shafer, Janke stated Nash Road was also downgraded in the State's priority list. The new Forest Acres water well was successfully completed. The well produces about 1,100 gallons per minute of good water. Janke attended a meeting with State of Alaska auditors concerning the Qutekcak Shellfish Hatchery. At that meeting, City and Qutekcak explained to the State auditors the permitting difficulties that are being encountered from the Alaska Department of Fish and Game. Also in attendance at this meeting was Mayor Blatchford, Council Member Shafer, and Port and Commerce Member and Qutekcak employee Ron Long. City Attorney's Report, None. 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. Jim Collman, 609 Fourth Avenue, spoke about Pruitt's request to expand the Gateway Texaco lease. Collman, on behalf of the Seward Boat Owner's Association, spoke in favor of developing a dedicated alley north of the station instead of leasing additional footage to Pruitt. A dedicated alley, or easement, for utility access would solve Pruitt's and the City Administration's safety concerns. Collman added that the Boat Owner's Association did not understand why the City is desiring a full sidewalk be placed at the north end of the property. The Association preferred a curb be placed there instead. Pat Sterling, Slip B -3 Harbor, agreed with Colman that a ten foot easement of City land is preferable to Pruitt's request for twenty five feet of the parking lot. Sterling agreed with Collman that there should be a dedicated easement rather than a disposal of property to Pruitt. Pat Sterling, Slip B -3 Harbor, spoke against the City placing restrictions on how much work, and what type of work, should occur at the Seward Marine Industrial Center Uplands. As long as the business keeps the leased area clean, the City should encourage people working and should not care whether only a portion of a boat hull gets repaired or a whole new ship gets built. Motion (King /Orr) Approve the agenda and consent agenda. Janke made a request for an executive session on a matter the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. City of Seward, Alaska City Council Minutes iii 35. Page 252 Without objection from the Council, Janke added to the agenda the scheduling of a special meeting regarding proposals for concrete floats for the Small Boat Harbor Repair and Renovation Capital Project. Amendment to Agenda (Brossow /Clark) Following the council meeting, there shall be an executive session for a matter the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. Amendment passed Unanimous. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -079, authorizing the City Manager to enter a one year contract for $363,464.67 with the State of Alaska, Department ofCorrections, to provide for operating the Seward Community Jail and housing prisoners charged and /or sentenced under Alaska Statutes. Resolution 2000 -080, opposing the State of Alaska's local bonding requirement to pay for harbor deferred maintenance. Resolution 2000 -083, authorizing the City Manager to purchase 750 and 500 mcm, 15 kV power cable from WESCO for a price not to exceed $30,893, and to purchase a control cable from Potelcom for a price not to exceed. Resolution 2000 -084, authorizing the extension of a special services contract between the City of Seward and the State of Alaska, Department of Public Safety, in the amount of $48,500 to provide dispatch and clerical services to public safety employees in the Seward area. July 10, 2000, meeting minutes. Public hearings Resolutions Requiring Public Hearing Resolution 2000 -073, authorizing for the disposal by sale, a 2.5 acre parcel located within Tract G, Fourth of July Creek Subdivision No. 2 to John C. (Andy) Anderson III for no less than the appraised fair market value of $25,000.00; and authorizing a subdivision of Tract G, Fourth of July Creek Subdivision No. 2. The proposed parcel is located on the upland side of Nash Road, north of the Seward Marine Industrial Center. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 253 1 1 Andy Anderson, Harbor Lights, Fourth Avenue, stated he would like to purchase the property in order to build a house. Anderson stated he had lived in Seward for the past twenty -five years and grew up in Seldovia. Anderson planned to build the home within the next two to three years and added it would get this property on the tax rolls. Pat Sterling, Slip B -3 Small Boat Harbor, spoke in favor of Resolution 2000 -073, emphasizing that our whole country was founded on putting land in the hands of private ownership in order to create a tax base. Mark Luttrell, King Arthur Road Camelot, Eastern Kenai Peninsula Environmental Action Association Director. Luttrell stated the Association had 216 members, 196 of whom live in the Seward area. The Association was opposed to Resolution 2000 -073. The opposition was due largely because of a lack of planning for the area and the sale of this property would have a negative impact on the Seward community. Luttrell said the existing Land Use Plan pertains to the entire 440 acre parcel, and not just to pieces of it. The Land Use Plan recommended retaining this property for public ownership and then to evaluate it for future potential industrial, commercial, residential, or resource management uses. The land is currently zoned resource management because of a lack of adequate information on the area and he did not feel the City of Seward knew the true economic value of the area. Matt Hall, Camelot, questioned how much Anderson would be paying for the property. Janke responded that tonight's resolution only authorized the City Manager to negotiate the sale of this property to Anderson. The terms of the sale would come forward at a future council meeting. In response to a second question from Hall, Janke stated that anyone who is interested in purchasing city land should contact the City to initiate discussions. Ron Long, Camelot, said that this property was offered for sale several years ago and there were no proposals received at that time. With the lack of previous interest for this piece of land, the Code now allowed extra management property disposal measures. No one else appeared to be heard and the public hearing was closed. t Motion (King/Orr) Approve Resolution 2000 -073 Janke presented one amendment, a new section stating "the prospective purchaser shall complete the negotiations with the City within 30 days of the effective date of this resolution or the actions authorized by this resolution shall cease." Janke explained that the City Code concerning disposal of property was not very clear. The Administration interpreted the Code to allow direct negotiations with potential purchasers when the land had been previously identified for disposal. Janke did not think the City made a very good land bank. The proceeds from this sale could assist the City in establishing planning guidelines for the Nash Road Bench Area. King wondered ifthe proposed new section, allowing 30 days to conclude negotiations, might be a little difficult and suggested 60 days. In response to King, Janke said the intention was to force the City not to be too bureaucratic, and to force the City not to keep the land tied up too long. Janke thought if the City could not hammer out a deal in thirty days, it probably would not happen. Amendment (C1arkBrossow) Negotiations will be completed within 45 days of passage of this resolution. City of Seward, Alaska City Council Minutes July 24. 2000 Volume 35 Page 254 Amendment passed. Unanimous. Shafer said that Luttrell was correct in asserting Mt. Alice and Nash Road Benches have been mentioned as a viewpoint from the City of Seward. And like Luttrell, Shafer also worried about the lack of planning, however, Shafer felt the City owned a lot of land and generated little revenue from it. The City needed more housing within City limits and this would help address that concern. Clark did not object to residential development across the Bay, but he did object to the lack of planning and spoke against the resolution until Planning and Zoning addressed planning for this property. Calhoon, agreed with Shafer and Clark, about the lack of planning for the area. Calhoon spoke in favor of planning prior to making the sale. King spoke in favor of taking the proceeds from this land sale and using the proceeds to plan the rest of this area. Recently, the City purchased land from the private sector at Fourth and Adams, taking three parcels off of the tax rolls. King stated there would be huge development costs to developing this land. Developing this property might encourage additional development and get more property on the tax rolls. Brossow wondered why this resolution did not go to Planning and Zoning first. Janke responded to Brossow by explaining that the property had previously been identified as available for disposal and the City was attempting to streamline the process in order to be less bureaucratic when responding to Anderson. The Council can ask for this issue to go before the Planning Commission, but the Code did not require it. In this case, this issue is before the Council using a two step process, the first step will require the Council to authorize the City Manager to negotiate with Anderson, and the second step will require the Council to approve the terms of the agreement. In response to a question from Brossow, James reported there were over 1,800 acres of city land that has been identified as Tract G and there was no city estimate of how many lots could be developed at this location. Shafer suggested Planning and Zoning could review the property to help the Council decide what the community wanted for the area. Orr spoke in favor of the resolution and inquired about the public process that occurred when this land was previously offered for sale, and about the Planning and Zoning involvement at that time, and what land use restrictions applied to the land. In response, Janke and James explained the prior public process for this land and stated the City could add covenants and deed restrictions to the property. Deed restrictions and covenants would be imposed via negotiations with the buyer, and those restrictions would be approved by the City Council. Motion passed. Yes: Blatchford, Brossow, King, Orr, Shafer No: Calhoon, Clark Resolution 2000 -074, authorizing for disposal by sale of Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center to Dalo Marine for no less than the appraised fair market value of $81,663.75. This 2.5 acre parcel is located east of Nash Road between Jellison Avenue and Mustang Avenue. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 255 Pat Sterling, Slip B -3 Small Boat Harbor, reminded the Council that the foundation of the United States, and to a large extent, Alaska, through its Homestead Laws, was to put land in private ownership. Jim Collman, 609 Fourth Avenue, said there was a need for further development of facilities to service boats in the Seward area. Passage of this resolution would encourage the development of additional boat service facilities and competition. No one else appeared to be heard and the public hearing was closed. Motion (Clark/Shafer) Approve Resolution 2000 -074 At the suggestion of Janke, the Council unanimously amended the proposed resolution to include a new section stating "Negotiations will be completed within 45 days of passage of this resolution." In response to a question from Orr, Janke stated that this parcel had been previously approved for disposal by lease and the Administration wished to use the same process that was discussed for Resolution 2000 -073. Motion passed. Unanimous. Resolution 2000 -076, authorizing the City Manager to enter into a new lease agreement with James T. Pruitt for a portion of Tract A, North Harbor Subdivision, Seward Recording District, Third Judicial District, State of Alaska, for the purposes of operating a gasoline station and retail merchandise facility. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jim Collman, 609 Fourth Avenue, suggested to the Council that the City should consider creating an easement, or an alley, as opposed to leasing an additional ten foot of public land to Pruitt. No one else appeared to be heard and the public hearing was closed. Motion (Clark/Calhoon) Approve Resolution 2000 -076 Janke identified a correction that needed to be made on page 19 of the lease. There was a need to amend the required contractual liability insurance coverage from two million to one million dollars. Hearing no objection from the Council, this item was approved by unanimous consent. Motion passed. Unanimous. Unfinished business City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 256 James Pruitt's proposal to lease an additional 25 feet of city property on the north side of his current lease (Gateway Texaco), Lease 84 -043. Janke explained that the Administration does not normally take a position in opposition to the Planning Commission, but here the Administration was concerned about public safety and recommended ten feet of property to be designated for a loading and unloading to alleviate the safety concerns. Janke recommended the Council direct the Administration to schedule a public hearing and to prepare a resolution to make this land available for disposal by lease. Motion To direct the Staff to scheduled a public hearing and to make the land available for disposal by lease. In response to a question from Shafer, Janke reasoned if the property was a public alley rather than private property, trucks and other traffic might end up blocking the alley in this fairly dangerous location. The Administration would prefer Pruitt to be in control, and accountable, for use of the property. King said the City, through lease restrictions, could make the area available for lease for the sole purpose of providing a delivery/loading zone area, as recommended by the Administration. Putting the land in private ownership, with these restrictions, would then put the onus of snow removal and other property upkeep on the private sector. Making the land a public right of way would defeat the purpose of the applicant's request. In response to Orr, Janke said the proposed sidewalk would be on the outside ofthe new lease and would (1) clearly define the public parking lot from Pruitt's lease, (2) create a safe pedestrian pathway from the pedestrian route on Third Avenue to Fourth Avenue, and (3) compensate the City for the lost parking lot pavement the City is now giving up as lease to Pruitt. Motion (Clark/Shafer) To direct the Staff to scheduled a public hearing, for August 14, to prepare a resolution to dispose ten feet of this public property by lease. Motion passed. Unanimous. New business Resolutions Resolution 2000 -077, authorizing the City Manager to institute a revised Seward Marine Industrial Center Upland Boat Works Policy. Motion (Clark/Shafer) Approve Resolution 2000 -077 Janke explained that this resolution is before the Council tonight as a result of the Council discussion at the last meeting. City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 257 Beckham explained that the Harbormaster will determine what constitutes maintenance and repair verses major construction activities. Janke added that appeals from the Harbormaster would go to the City Manager and then the Council. Orr expressed a concern that there was no a specific percentage of the hull to describe whether a project was major construction or maintenance and repair. Eliminating the hull percentage makes it more difficult for the Harbormaster to make an objective decision. Clark felt there was an appropriate definition of construction in the Policy. Janke stated that it was his intention to give people about a forty five day period to implementing the new rules, including the new insurance coverage requirements. Amendment (Clark/King) Renumber Section Two as Section Three, and insert a new Section Two to read as follows: The Administration has forty-five days prior to implementing this policy. Amendment passed. Yes: Blatchford, Brossow, Clark, King, Shafer No: Calhoon, Orr Motion passed. Unanimous. Resolution 2000 -078, authorizing the City Manager to pay $35,000 to the Seward Chamber of Commerce as a contribution toward visitor information services. Motion (Brossow /Calhoon) Approve Resolution 2000 -078 Janke noted that this $35,000 was allocated in the budget, as part of the $70,000 annual commitment to the Chamber of Commerce. Motion passed. Unanimous. Resolution 2000 -082, authorizing the City Manager to enter a contract with Cook Inlet Contracting, Inc., for an amount not to exceed $192,000, to perform Phase H of the construction at Ft. Raymond Substation. Motion (Shafer /Clark) Approve Resolution 2000 -082 Dave Calvert, Manager of Engineering and Utilities, gave the Administrative overview. Calvert noted that this resolution is part of the City's project to install a new generator at the Ft. Raymond Substation. In response to a question from Clark, Calvert stated the bid was within the budgeted amount of the project. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 258 Resolution 2000 -085, approving a franchise agreement with Peninsula Sanitation Company Inc., a division of Waste Management, Inc., for garbage and refuse collection and disposal subject to approval of the voters at the October 3, 2000, city election. Motion (Clark/Shafer) Approve Resolution 2000 -085 Amendment (Clark/Shafer) Renumber Section 4 to Section 5, Section 5 to Section 6, and Section 6 to Section 7, and insert a new Section 4 to read: For the reasons stated herein and the recitals of this Resolution which are hereby incorporated by reference as written findings of the City Council, it is determined that pursuant to Seward City Code Section 6.10.130, the public interest would best be served by not requiring competitive proposals from other potential service providers prior to approving the franchise agreement described herein. The current franchisee has demonstrated its ability to provide quality service to the community at a reasonable price. There is a public benefit in providing uninterrupted garbage and refuse collection and disposal services within the community. The franchisee has the equipment and personnel available to continue to provide local service. The percentage of fees received by the City for administrative costs will adequately compensate the City. The City Council will also retain rate approval as provided in the City Charter and Code. Amendment passed. Unanimous. Janke explained there was a need to get the ballot language approved in order to get this issue on the ballot for the October 3 election. In response to a question from Orr, Janke explained that the continuity of good service from the current contractor was a valid reason to continue granting the franchise to the same company without going out to bid. Clark stated that he understood that there were no other waste management operators on the Peninsula capable of bidding on this Contract. In response to Clark, Janke added that there may be other bidders in Anchorage, but they do not have the experience in Seward and might not be able to do the work for the current, or proposed, garbage rates. Shafer stated that some commercial customers are not always happy because special pick -ups are not always responded to on a timely basis. Clark expressed a concern that there were no penalty clauses in the contract to penalize the contractor for noncompliance. Janke responded to Clark's comments by explaining that the City Attorney had been asked to look into this issue. Orr expressed concern that since garbage removal is a public health issue, there was a need penalize the company if the company was not responsive to customer requests. City of Seward, Alaska City Council Minutes July 24, 2000 Volume 35, Page 259 King spoke to Section 11 of the contract, which referenced a fuel charge if fuel prices were to rise more than ten percent in any six month period. King noted there was no similar language in the event fuel charges were to decrease. King concluded by stating, because of accounting issues, it would be easier to delete this section of the contract. Clark wondered how late the franchise contract could be amended prior to the election. Clark stated that August 14 does not need to be a deadline to have all the terms of the contract agreed to. The August 14 deadline was only necessary to get the appropriate ballot language before the voters and felt the contract could be amended up to a couple of weeks prior to the election. In response to a question from Orr, Janke stated that customer complaints should be directed to City Hall. Amendment (Clark/Shafer) Section 9 - customer contact point - change "...such complaints to PSI personnel in the city" to "...PSI's Soldotna Office." Section 10 - Billing and Collection - change to read "The City shall prepare monthly customer billings for PSI services and shall receive cash payment from customers. The City shall maintain a ledger detailing, (a) the type of service provided to each customer; (b) the size of container tipped and /or amount of refuse collected from each customer; (c) the amounts billed and collected by category of service, i.e. Commercial Container Service, Residential Can Service, Commercial Can Service, Roll- on/Roll -Off Container Service at the rates found in the fee schedule adopted by the City. For its billing and fee collection services, the City shall receive twelve and one -half percent (12.5 %) of the total fees collected monthly for the period(s) described in paragraph 3 of this agreement. In the Service Policies section 1.2 E change to read "Drive- In/Pack -Out Service ". Amendment passed. Unanimous. Amendment (Clark/Shafer) Postpone Resolution 2000 -085 to the August 14 meeting. Motion passed. Unanimous. Other New Business Items: Concrete floats for the Small Boat Harbor Repair and Renovation Capital Project. Janke informed the Council there was a need for a special meeting to award the bid to provide concrete floats for the Small Boat Harbor Repair and Renovation Capital Project. After a brief discussion, the Council scheduled a meeting for Friday, July 28, at noon for this business item. City of Seward, Alaska City Council Minutes July 24 2000 Volume 35, Page 260 Informational items and reports (No action required) A. Department Monthly Reports. Janke explained that, due to bureaucratic State entanglements, the Chamber of Commerce had formally asked the City to withdraw it's grant for the railcar renovation project. Clark added that deed restrictions on the property, and State restrictions on the grant, made it impossible to go forward with this grant project. B. Seward Animal Shelter Monthly Report. C. Calendar Year 2001 Budget Calendar. D. Purchases Between $5,000 and $10,000 for the period January 1, 2000 through June 30, 2000. Council comments Clark commented on the beautiful day and how much he had enjoyed seeing the town from the water. Calhoon suggested it might be time to split the Chamber of Commerce and the Convention and Visitor's Bureau into two entities, so that one entity could aggressively focus on tourism and visitors and the other entity focus on other economic development. This would allow the better utilization of bed tax money for its originally intended purpose. Citizens' comments Jim Collman, 609 Fourth Avenue. Collman appreciated the ten foot compromise that the City was offering concerning the Gateway Texaco lease, but Collman said he preferred to see a dedicated alley, or easement, rather than see further transfer of additional parking lot property to private leaseholders. Collman spoke in favor of the City's proposed compromise to create additional 15 minute and 30 minute parking spaces. In addition, Collman added that for every acre that was sold to the public, the City should consider dedicating a portion of land to establish a park, or a natural area, across the Bay. Future generations would appreciate it. Janette Kimes, 10411 Bear Paw Drive, spoke in favor of the City surveying the property across the Bay prior to selling portions of this property to anyone. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:55 p.m. City Council Minutes r! City of Seward, Alaska Patrick Reilly City Clerk Ci w w � 1 V �e SEAL • Edgar Blatchford Mayor O F City of Seward, Alaska July 28, 2000 City Council Minutes Volume 35, Page 262 Call to order The July 28, 2000, special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor Edgar Blatchford. Opening ceremony Council Member Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Stu Clark Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent were: Michael Calhoon, Jerry King, and Nathan Orr Citizens' comments on agenda items not scheduled for public hearing. None. Approval of special meeting agenda Motion (Clark/Shafer) Approve the Special Meeting Agenda. Motion Passed. Unanimous. New business Resolution 2000 -075, ,authorizing the City Manager to enter into a contract with TRANSPAC Marinas to provide concrete floats for the Small Boat Harbor Repair and Renovation Capital Project Motion (Clark{/Brossow) Approve Resolution 2000 -075 City of Seward, Alaska City Council Minutes July 28, 2000 Volume 35, Page 263 t t Janke gave the Administrative overview, explaining this item had been properly bid and properly reviewed by the Administration and the Administration was pleased with the outcome. In response to a question from Clark, Harbormaster Beckham responded that the bid was for the floats alone, and other than duct work, there was no utility installation as part of this bid. In response to a question from Brossow, Beckham stated that TRANSPAC had been in the float manufacturing business for over twenty years. TRANSPAC was moving to concrete float projects in response to customer demand, and had two concrete float projects in the last five years. TRANSPAC had good references. In response to a question from Shafer, Beckham replied that although TRANSPAC had not done a project in Alaska, TRANSPAC was offering a good warranty of their work. TRANSPAC proposed to work with a concrete manufacturer that would test the concrete float mixture for every float that was constructed. Janke stated that TRANSPAC would do their best in Seward in an effort to use Seward as a reference to gain other harbor work in Alaska as State Harbors are transferred to municipalities, and municipalities then upgrade their harbors. In response to questions from Blatchford, Beckham explained how the team members who reviewed the proposals were chosen. Beckham and Janke responded that the City expects these floats to be ready for barge shipment to Alaska sometime in January/February. Responding to Clark, Janke noted that this project came in a little higher than originally estimated, but the proposed quality was also better than originally anticipated. Motion passed. Unanimous. Council comments. None. Citizens' comments. None. Council and administrative response to citizens' comments. None. Adjournment The meeting was adjourned at 12:25 p.m. t r- Patrick Reilly City Clerk �. , ) � ,t, Ly / Edgar Blatchford Mayor (City Sej OF SF 60, i� e V • pJkPO < '�i .o. • SEAL - r 'I► °•4°1111101, City of Seward, Alaska City Council Minutes August 14 2000 Volume 35, Page 264 Call to order The August 14, 2000, 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 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. Mayor Blatchford displayed two gifts from Kushiro, Japan, that would be presented to the top finisher in the Silver Salmon Derby and the winner of the Mt. Marathon race. Borough Assembly Report. Assembly Member Pat O'Brien updated the Council on recent Kenai Peninsula Borough issues. O'Brien encouraged the Community to support a peninsula -wide bond proposition for school construction projects. This bond proposition would receive a 70 percent reimbursement from the State of Alaska. O'Brien discussed a resolution supporting upgrading Spruce Creek Bridge to a two lane bridge and resolution supporting a private prison in the Wildwood area. O'Brien wasn't sure if Seward was interested in a private prison, but wanted to be sure the Council was aware of the proposal. The Kenai Peninsula Budget was approved in June, with the mil rate cut from 8 to 7.5 mils. The total general fund budget was about 58 million, with about 44 million going to education. City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 265 J City Manager's Report. Kenai Peninsula Borough sales tax auditors are in town doing random audits and checking on sales tax compliance. Chief Mike Chapman would be scheduled to give a report on the curfew ordinance and what transpired as a result of the curfew ordinance during the last year. As part of the 0 to We 8 Seward Highway project, the State Department of Transportation was considering enlarging fish ditch culverts that go under the Seward Highway, looking at a separated railroad crossing at Bear Lake Road, with the railroad going overhead, and a pedestrian tube under the Seward Highway in the vicinity of Port Avenue area. In addition bicycle paths were being reviewed for both sides of the road. There would be another public meeting on this highway project near the end of September. City Attorney's Report. Meyen stated the City Attorney's office was continuing work on several lease amendments and land disposal agreements. The firm recently finalized the proposed franchise agreement for garbage collection services and harbor related matters, including reviewing matters for a potential revenue bond. The firm continued to monitor matters related to the SeaLife Center. Other Reports, Announcements and Presentations. 1 t Ron Long, on behalf of Qutekcak Shellfish Hatchery, asked the Council to support Resolution 2000 -090. 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 (Clark/Shafer) Approve the agenda and consent agenda. Janke deleted Resolution 2000 -088, authorizing the City Manager to enter a contract with Floyd M. Ainsworth, dba Ainsworth Consulting, for an amount not to exceed $45,000 to provide inspection services at Ft. Raymond Substation for alterations and additions related to the installation and operation of generator number six, with funding to be provided through a State of Alaska grant. Janke added the scheduling of a special meeting for either Wednesday or Thursday to consider a ballot question to see if the voters would approve the concept of a sale of the Seward Electric Utility and asked the Council to reschedule the budget work session scheduled for this week to next Monday, August 21. Shafer pulled Resolution 2000 -089 from the consent agenda and added a discussion about the Small Boat Harbor Anchor. Motion passed Unanimous. The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 266 Resolution 2000 -081, supporting the Alaska North Slope Natural Gas Pipeline with a route along the railbelt and a terminus in South Central Alaska. Resolution 2000 -090, supporting the Qutekcak Shellfish Hatchery. July 24 regular and July 28, 2000, special meeting minutes. Public hearings Resolutions Requiring Public Hearing Resolution 2000 -086, nominating and authorizing for disposal, by lease through negotiation, a portion of Public Land described as the south 10' portion of North Harbor Parking Lot, Tract A North Harbor Subdivision, which such 10' strip of land is immediately adjacent to the lease site described in Resolution 2000 -076 and approved for lease to James T. Pruitt for the purpose of operating a gasoline station and merchandise facility. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Jim Pruitt, Maple Street, stated that the proposed lease area is ten feet north of the current Gateway Texaco Lease site. Pruitt explained that the Station has a fifteen feet from the building to the property line with a line of not -to -code city parking on the north property line. The additional ten feet of property gives a little buffer for access to the north side of the building and to alleviate the problem created by these undersized parking spaces. Pruitt concluded by requesting the Council to approve Resolution 2000 -086. No one else appeared to be heard and the public hearing was closed. Motion (Brossow /Orr) Approve Resolution 2000 -086 Janke explained that this proposal was reduced by the Administration from the original request of 25 feet to 10 feet, with conditions attached. Those conditions included: - reducing the expansion of the lease site from the 25 feet requested to 10 feet; - the additional lease area shall be for the sole purpose of providing delivery/loading zone on the property and must be so posted; - Lessee will be responsible for relocating the existing electric box and providing any necessary easements; and - Lessee will provide a raised sidewalk constructed to city standards on the south side of the North Harbor parking lot. In response to Calhoon, Janke explained that the City had not yet received the parking management plan for this parking area, and until this expansion issue was decided by the Council it did not make sense to go forward with a parking plan for the North Harbor Parking Lot. City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 267 ' Motion passed. Yes: Blatchford, Brossow, Calhoon, Clark, King, Orr, Shafer No: Clark Unfinished business A. Items Postponed from Previous Agenda Resolution 2000 -085, approving a franchise agreement with Peninsula Sanitation Company Inc., a division of Waste Management, Inc., for garbage and refuse collection and disposal subject to approval of the voters at the October 3, 2000, city election. Janke outlined the changes that were made during negotiations with Peninsula Sanitation Company as a result of council discussion at the last meeting. By unanimous consent, the Council amended section nineteen ofthe Contractual Agreement to insert the word "next" before "pick -up at no cost." Amendment (Clark/Shafer) To delete Section 18 of the Contractual Agreement, and 3.3 (C) of the Service Policies, to delete the requirement to provide street address numbering on the alleys. In response to a question from King, Meyen stated that deletion of this item could cost the company additional money, but this was a negotiating item with the Company. King thought the Company would be able to identify the household that had more than two garbage cans and it would not be much of an expense to Peninsula Sanitation. Janke added that the Peninsula Sanitation stated 97 percent of the residential customers had two garbage cans in their alley. Amendment passed. Unanimous. Motion passed. Yes: Blatchford, Brossow, Calhoon, Clark, King, Shafer No: Orr New business A. Ordinances for Introduction Ordinance 2000 -015, amending Title 3, Personnel, to change the annual performance evaluation date of Department Heads and City Manager staff to January of each year. Motion (ClarkBrossow) Introduce Ordinance 2000 -015 and set a public hearing for the August 28 meeting. City of Seward, Alaska City Council Minutes August 14 2000 Volume 35, Page 268 Janke explained that during his evaluation periods there had been some discussion about having a more performance based system of budgeting and measuring the progress that the City had made. The proposed ordinance change had been discussed with council and the city staff who would be affected. Janke explained that the only thing this code changed was the evaluation date to January 1 of each year. In response to Blatchford, Janke stated that employees are currently evaluated on their anniversary date. In response to a question from Brossow, Janke stated that this change would effect the timing of merit increases because merit increases traditionally occur at the time of the performance evaluation. Clark spoke in favor of the resolution and observed that the City has enjoyed low turnover at this level of the administration and performance based evaluations should work out better for the City. Motion passed. Unanimous. B. Resolutions Resolution 2000 -087, authorizing the City Manager to increase the budget for modifications to the Ft. Raymond Substation, including the addition of an EMD -20 generator from $1,738,000 to $2,144,842, of which $1,088,000 is a State Grant, and appropriating an additional $406,842 from the Electric Fund Retained Earnings Account, to the Replacement Electric Generator Fund Account. Motion (Clark/Brossow) Approve Resolution 2000 -087 Janke explained that earlier today he passed out additional information to the Council to assist them in reviewing this resolution, specifically, the Council Agenda Statement from November 22, 1999, when the Council hired the engineering firm for this project. As the engineering work became complete, the City received more finalized numbers. Clark spoke in favor of the project but expressed concern in the manner of how the agenda statement was prepared and the backup material was provided. Clark said he was a little puzzled why the capital project list was not updated in November 1999 to reflect the budget for this project. Janke reiterated that the budget was adopted in early November 1999 and the LaRue Engineering budget came out in late November 1999. He stated that a project of this magnitude could change as it progressed. Motion passed. Unanimous. Resolution 2000 -089, supporting the Seward Chamber of Commerce application to the State of Alaska for a Department of Community and Economic Development Mini Grant in the amount of $30,000. Motion (Orr /Shafer) Approve Resolution 2000 -089 City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 269 1 Shafer wondered if this mini- grant, which had the requirement that only one grant per community could be received, had any other competition that the City should consider. Seward Chamber of Commerce Executive Director Julie Tauriainen explained there was no conflict between this grant application and any other applications from this community to the State. Motion passed. Unanimous. Resolution 2000 -091, setting garbage and refuse service rates and charges proposed by the City's contractor, Peninsula Sanitation Company, Inc., a division of Waste Management, Inc. Motion (Brossow /Clark) Approve Resolution 2000 -091 Janke reminded the Council there had been two work sessions on this topic. Janke stated the timing of this resolution, concerning rate requests, was not as critical as the resolution adopting the language to place the garbage franchise on the ballot. Blatchford wondered if the public had been adequately informed about the proposed rate increases. In response to Blatchford, Janke stated that there was a work session and more council meetings on the topic and there would be a lot of information going to the public prior to the October 3 election. Clark stated that the information in the packet concerning the rates was a little confusing and suggested the Administration may wish to have financial numbers in the Council packet that was easier to compare and contrast the current rates to the proposed rates. Motion (Clark/Shafer) Motion passed. C. Other New Business Items Postpone Resolution 2000 -091 to the August 28 City Council meeting. Yes: Blatchford, Calhoon, Clark, Orr, Shafer No: Brossow, King Ballot Proposition - Sale of Electric Utility. t Janke explained that he was seeking a special meeting for Wednesday or Thursday of this week in order to meet the Kenai Peninsula Borough deadline to get this ballot question on the regular City of Seward election. Janke read the proposed ballot language: Shall the City of Seward sell the Seward Electric Utility for not less than fair market value and upon terms to be negotiated which, in the estimate of the City Council, would yield revenues to the City greater than the City currently receives from the Electric Utility Enterprise Fund and deposit the net sale proceeds in a trust fund with terms and conditions to be established by ordinance? Janke explained that if the public voted yes on this ballot proposition, the Council could then negotiate with potential buyers of the electric utility, and if the Council reached an agreement with a purchaser of the Electric Utility the public there would be a public hearing on the topic prior to the Council voting to approve the sale. In the event the public wished to overturn a council vote to sell City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 270 the Utility, the public would have a referendum period to allow them the opportunity to gather signatures for the community to overturn the Council decision. In essence, the public would have three opportunities to give public input, and also have the final say on whether or not the Electric Utility should be sold. Motion (Clark/Shafer) Hold a special meeting on the electricity ballot question for Thursday, August 17, at 7:00 p.m. Motion passed. Yes: Brossow, Calhoon, Clark, King, Orr, Shafer No: Blatchford 2. Return of Small Boat Harbor Anchor. Shafer reminded the Council that the Anchor had been out of the Harbor for two years and she inquired into when the anchor would be returned. In response to questions from Shafer, Harbormaster Beckham outlined the time line for this project and Janke replied he would get a written update with firm commitment for the timing of this project to the Council. 3. Rescheduling of the budget work session Janke stated department goals had been distributed to the Council. These were part of the performance based evaluation system that had been discussed with the Council. The Council unanimously agreed to reschedule the budget work session from August 16 to August 21 at 7:00 p.m. 10. Informational items and reports (No action required) A. Notice of Filing Dates for the 2000 Regular Municipal Election. B. Seward Animal Shelter Monthly Report. C. Department Monthly Reports. D. City of Seward Web Site Development Request For Proposals Update. Council comments King apologized to Dave and Nathan for out - fishing them in the Derby. Clark stated the fishing had been good. Orr stated he was not out - fished. Shafer stated that Seward Providence Medical Center and the Seward Bicycle Police, were distributing gift certificates to the children who wore a safety helmet when riding bicycles and skateboards, or doing other activity that was safer with a safety helmet. Shafer appreciated seeing the two agencies working together to promote safety for our children. Brossow stated he wanted the Planning and Zoning Commission to know that he supported the Resolution 2000 -086 because of the public safety concerns that were raised. City of Seward, Alaska City Council Minutes August 14, 2000 Volume 35 Page 271 Blatchford stated that the SeaLife Center fund raiser was very well attended by big donors from outside of the community. Blatchford thanked Sharon Anderson and the whole SeaLife Center board. Blatchford also stated that it was time to consider naming the downtown park after someone and after he completed his homework on this topic he would bring forth a name for the Council to consider. Citizens' comments Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:00 p.m. Patrick Reilly City Clerk Edgar Blatchford Mayor 4 V (iT r � 4 • Y w i • ^� • y � • AI � FA 4 • • !i y � > >TFtllltil 4 � t City of Seward, Alaska August 17, 2000 City Council Minutes [volume 35, Page 272 Call to order The August 17, 2000, special meeting ofthe Seward City Council was called to order at 7:00 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 (arrived at 7:13) Michael Calhoon Stu Clark Jerry King Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent: .r Nathan Orr Citizens' comments on agenda items not scheduled for public hearing. WreMW Motion (Clark/Calhoon) Approve the Special Meeting Agenda. Motion Passed. Unanimous. New business Resolution 2000 -092 approving a ballot proposition for the sale of the electric utility at the October 3, 2000, regular city election. Motion (Clark/Shafer) Approve Resolution 2000 -092 City of Seward, Alaska City Council Minutes August 17, 2000 Volume 35, Page 273 Janke explained that he was working with the City Attorneys to provide the best ballot language for the eventual sale of the electric utility. The suggested amendment before the Council tonight was "Shall the City of Seward sell the Seward Electric Utility for a price consistent with the City's Code and Charter and upon terms to be negotiated which, in the estimate of the City Council, would yield benefits to the City at least comparable to the benefits reasonably expected to be received by the City from the Seward Electric Utility, and deposit the net sale proceeds in a trust fund with terms and conditions to be established by ordinance ?" The proposed amendment was unanimously agreed to by the Council. Janke explained some of the reasons the Administration would like this ballot proposition approved and noted that any city negotiations with potential purchasers would include the City keeping some control of future electric rates, protecting the revenue stream from the Electric Enterprise to the General Fund, protecting and maintaining back -up generation, and keeping a line crew stationed in Seward. The growing sense of coming competition in this field has given the Administration some concern for this publicly owned asset. Although there was no way to predict the future, the Administration believed that now was the time to educate the voters, who are the owners of the utility, to consider the concept of a sale. Shafer expressed concern about the need to educate the public on this issue, both positive and negative. Shafer said that the initial public feedback she had received was in opposition to a sale. In response to Shafer, Janke stated it was his intent to put together a town meeting sometime in September that would educate the community. Clark wondered if the Administration was going through this process one too many times, and suggested presenting this issue to the voters once there was a potential sale. Brossow thought it was best to first let the citizens decide if they wish to sell the Utility, and if so, then the City would inform the public about the details of any offers that might be made. In response to a question from Clark, Janke explained that the suggested process was strategically selected to find the right buyer with the benefits that would be best for the City. The proposed ballot language allows more than just the highest dollar offer to be the only factor in any eventual sale. Working with Engineering and Utilities Manager Dave Calvert and the City Attorneys, the proposed process allows ample opportunity for public input. The ballot proposition would be the first step in the process and would have to be approved by 3/5 of the public. The second step would allow the public to give input at public hearings concerning any specifically proposed sale. The third step would allow the public to overturn, by a simple majority vote, any council vote selling the Utility. In response to Blatchford, Calvert explained that the City of Seward was the only utility on the rail belt that was not regulated by the Regulatory Commission of Alaska. In addition, the State Legislature was considering deregulating the industry in Alaska and this would put intense competitive pressure on the City's utility. Clark stated that if sale discussions took place in an unregulated environment it might make it more difficult for a sale to take place. In response to Calhoon, Janke stated that if the voters turned down the concept of a sale the Council could still go forward after issuing a request for proposals to sell the utility but that method may not offer the best options of benefits for the community. Blatchford expressed concern that if the public voted no, and if there was pressure for the Council to issue a request for proposals to sell the utility anyway, the public might get angry because they would feel the Council was not listening to them. City of Seward, Alaska City Council Minutes August 17, 2000 volume 35, Page 274 Janke stated the Council could not circumvent the voters. If the public turned down this proposition, a utility sale would still require 3/5 approval of the voters prior to selling the utility. Clark thought that a public education process should start soon. Shafer expressed some concern that a vote on October 3 would not be enough time to educate the public. Amendment (Clark/Shafer) Amend the resolution to call for a November 7 election date. Amendment passed. Unanimous. Motion passed. Yes: Blatchford, Brossow, Calhoon, Clark, King, Orr No: Shafer Council comments Clark stated that Anchorage resident Mike Kukowski caught a ten thousand dollar derby tagged fish in Resurrection Bay. Blatchford stated that the Seward Public Utility has been with the City for decades and expressed a concern that if the public said no to a sale, and the Council still goes forward all the same, this would raise the ire of the community. Shafer stated she would like to see a list of the drawbacks to selling the Utility, in addition to the list that was provided by the Administration outlining the benefits of a sale. Citizens' comments: None. Council and administrative response to citizens' comments: None. Adjournment: The meeting was adjourned at 8:15 p.m. Patrick Reilly City Clerk ,0%% OF SEW --� ( Y PO" "Y Cit Goa •'' ,�' i r p� r • w a � . t'�,.'✓C!li.. � �g1^:•' `ms Z I I I `,I -J Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes Augu 28 2000 Volume 35, Pa 275 Call to order The August 28, 2000, 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 ' Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Borough Assembly Report. Pat O'Brien updated the Council concerning the Cook Inlet Fishery disaster that was declared by Mayor Dale Bagley. If anyone in the Seward area was affected by this disaster they should contact Mayor Bagley's office for assistance. City Manager's Report. Janke displayed examples of Tsunami Evacuation signs that will be installed next spring along the Waterfront Park area. Police Chief Chapman gave an overview on the first year of the curfew ordinance. Chapman stated the ordinance was working well. 17 warnings were issued in the past year, with I 1 reports of juveniles that the City was unable to locate. No citations were issued. Chapman felt the ordinance was a good tool for both the officers and the parents. In response to King, Chapman explained that the curfew hours were from 12:01 a.m. to 5:00 a.m., and covered juveniles under 18 years old. Chapman added there were exceptions written into the ordinance and the police officers had discretion when dealing with the juveniles. City of Seward, Alaska City Council Minutes August 28, 2000 Volume 35, Page 276 Janke continued by updating the Council regarding a pavilion that was damaged by a fire a few weeks ago. The City learned that this incident will be covered by insurance, but the City did not yet know how much money would be received to cover the fire damage. City departments were continuing in their efforts developing draft department budgets. The City was busy drafting public education materials concerning the ballot question concerning the concept of the sale of the electric utility, using the assistance of out of house experts. Janke announced that Homer Electric Association had approached the City of Seward about the City's Electric Utility, requesting information. In response to a question from Shafer, Janke reviewed the time line Harbormaster Beckham included in the council packet regarding replacement of the Anchor back into the Harbor. In response to King, Assistant Fire Chief Mathis stated that parts for the noon whistle timer should arrive in about a month. In conclusion, Janke hoped setting the election date for the concept of the sale of the electric utility raised the level of awareness in the community about the City's Utility. Janke explained his interest in (1) protecting the back -up electricity generation that is currently in Seward, (2) keeping a local line crew stationed in Seward, (3) maintaining the revenue stream that subsidizes the general fund, maybe through the creation of a permanent fund. Blatchford wondered if there was enough time to educate the public and whether the November 7 election ballot was too congested with state issues. Janke responded that he believed there was enough time to educate the public, but the Council could always delay to a special election date to a date other than November 7. In response to a question from Clark, Reilly stated that a special city election will cost approximately $2,500. City Attorney's Report. None. 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. Willard Dunham, Forest Acres, Alder and Dimond, was shocked that the City Council voted to set a special election for the sale of the City of Seward Electric Utility. Dunham outlined the long history of the City's ownership of the Electric Utility. Dunham could not think of anything more important than the City's Electric Utility, and felt local control of the Utility was vital. Blaine Bardarson, 1308 Chamberlain, spoke about the Rotary Pavilion, stating the Pavilion was built by the Seward Rotary prior to be handed over to the City of Seward. On behalf of the Rotary, Bardarson asked for the insurance proceeds. Bardarson said the Rotary Club was committed to rebuilding the pavilion out of the fire insurance money. Approval of agenda and consent agenda Motion (Clark/Brossow) Approve the agenda and consent agenda. City of Seward, Alaska City Council Minutes August 28, 2000 volume 35, Page 277 King added, under new business, a discussion about the fourteen day camping limit to the agenda. Blatchford added, under new business, a discussion about delaying the proposed sale of the electric utility vote. Motion passed Unanimous. The Clerk read the following approved consent agenda items: August 14 and August 17, 2000, special meeting minutes. Public hearings Ordinance 2000 -015, amending Title 3, Personnel, to change the annual performance evaluation date of Department Heads and City Manager staff to January of each 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 to be heard and the public hearing was closed. Motion'Clark/Shafer) Approve Ordinance 2000 -015 Janke explained that this code change changed the evaluation period to January of each year, to correspond to the budget year and to better track employee performance. In response to a question from Shafer, Janke stated there was good support from city employees. Janke stated employees liked the idea of goals getting reviewed by the City Council so that, through the budget process, employees can get a better idea of what was expected from them. Motion passed. Unanimous. Unfinished business Items Postponed from Previous Agenda In response to a question from Blatchford, Reilly stated this item was postponed from the last meeting and was now on the floor for discussion. Resolution 2000 -091, setting garbage and refuse service rates and charges proposed by the City's contractor, Peninsula Sanitation Company, Inc., a division of Waste Management, Inc. Janke compared the current City of Seward rates to the proposed rates. In addition, Janke explained the current City of Homer rates. In response to Shafer, Janke explained that the franchise agreement with Peninsula Sanitation Company was not put out to bid mainly because the City had experienced good service, the rates were competitive, the employees know the community, and there were no known potential bidders. City of Seward, Alaska City Council Minutes August 28, 2000 Volume 35, Page 278 Shafer stated she had heard frustration from those who lived outside city limits who felt that they did not have any voice in the City's upcoming election. Janke explained that the City's franchise agreement with Peninsula Sanitation Company did not extend beyond the City of Seward limits. Clark thanked the City Manager for providing the rate charts and the explanation that compared current to proposed rates. King stated that those who live outside city limits were welcome to give their public comments, as they often do, at city council meetings. Motion passed. New business Other New Business Items Yes: Brossow, Calhoon, Clark, King, No: Blatchford, Orr, Shafer Scheduling a time for the Council to hear an appeal from (1) Communications North, LLC, requesting a waiver of the fire sprinkler system requirement for the Communications North Building, Lot 1, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Park; and to hear an appeal from (2) Gary J. Baker, Partner, C & G Construction, requesting a waiver of the fire hydrant requirement for the home on Lot AL 1 in Forest Acres. After a brief discussion concerning the procedural status of these appeals, the Council unanimously agreed to schedule both appeals for Tuesday, September 12, 2000 at 6:30 p.m. Council authorization to vacate a no longer useful easement on Tract A, Block 1, North Harbor Subdivision (Gateway Texaco Lease Parcel.). Planning Technician James explained that the Administration was recommending the vacation of a no longer useful easement on this tract while the City was currently reviewing this plat for other issues. In response to a question from Clark, Janke stated that if the City needed the easement for any reason the City would not be recommending the vacation of this easement. Motion (Clark/Orr) Direct the Administration to vacate this no longer useful easement on Tract A, Block 1, North Harbor Subdivision (Gateway Texaco Lease Parcel.) Motion passed. Unanimous. Proposed harbor passenger fee - discussion Janke reminded the Council about the process of the harbor transfer from State to City ownership that took place in 1998. Janke explained how a task force was formed that recommended City of Seward, Alaska City Council Minutes August 28, 2000 Volume 35, Page 279 improving the North Harbor area rather than trying to spread the funds throughout the whole harbor because that might have spread the limited improvement dollars to thinly. Janke requested that the Council direct the City Manager to prepare a resolution to amend the Port and Harbor Tariff to include passenger fees and authorize a revenue bond of approximately $2,000,000 to replace E Float. Janke offered Harbormaster Beckham and local tour operator Tom Tougas, of Kenai Fjord Tours, to answer questions. In response to a question from Orr, Janke explained that any money in excess of the bond payment must go into the harbor area and would not be allowed to go to the general fund. In addition, Janke stated that although the revenue bond could be worded to be a dedicated fund after the revenue bonds obligations are paid, a future council could overrule this decision. Clark questioned why the Administration was now asking for additional funds for the South Harbor area when Clark thought maintenance savings were supposed to solve problems in this area of the harbor. Janke responded to Clark by explaining that the Administration's commitment was to maintain harbor slip fees. Slip fees were never expected to provide enough money to build a two million dollar float, such as the one anticipated for E- Float. Shafer stated she wanted to see this item referred to Port and Commerce Advisory Board for their input. Ron Long, Port and Commerce Advisory Board Chairman, stated the Board could tackle this issue at their next meeting, on September 6. Clark objected to being presented with this important question at the last moment. He felt that this issue had been floating around for at least a month and it should have been presented to the Council earlier. Tom Tougas, 208 Bear Drive, stated that this topic, like Council Member Clark stated, had been floating around for some time. Tougas stated that Janke, Beckham, and some of the other harbor users met to discuss ways to improve the safety of the harbor. Tougas stated that his company was committed to work with the Council to find a way to fund safe improvements. Janke clarified that the Administration was not looking for a final commitment tonight, but merely direction to prepare a resolution, and to gather input form the Port and Commerce Advisory Board. Orr recommended the Administration to spend time really listening to the users in the harbor area as the design for the harbor upgrade is developed. Tougas stated that, in fairness, he believed there should be a sliding scale that is based on the trip length, so that shorter trip passengers are charged less. The Council unanimously agreed to refer this issue to the Port and Commerce Advisory Board for their input. Fourteen Day Camping Limit. King stated he had recently received calls from campers and user groups that were having difficulty abiding by the fourteen day camping limit. King stated there is a real shortage of workers City of Seward, Alaska City Council Minutes August 28 2000 Volume 35, Page 280 and some businesses were having difficulty maintaining employees when they were asked to leave and move to another location. Clark stated that the fourteen day limit was customary and spoke against changing the current rules. Shafer, recognizing the worker shortage, wondered if the City could develop an area in town to allow employees a place to stay. Janke stated that he had previously spoke to Parks and Recreation Director, Karin Sturdy, about the fourteen day rule and was told that a prior council had wanted the fourteen day rule when the Administration, at that time, was recommending against the fourteen day time period. Blatchford suggested the best time to discuss this issue might be at the end ofthe season when the City of Seward camping and parking numbers were complete. Delay of Sale of Electric Utility Vote Blatchford expressed a concern that the City might be rushing into an election on the sale of the electric utility topic. Shafer stated that many of the residents were still very busy and thought a vote in February might be preferable to a vote on this topic earlier. Brossow agreed with Shafer. Move (Brossow /Shafer) Rescheduling the Special Election on the electricity issue, scheduled for November 7, 2000 to February 6, 2001. Janke responded that he did not have a problem with a delay of the election to the first Tuesday of February to hold the election. Clark stated that he was not objecting to a postponement, but expressed concern about the choice of date. Clark thought a lot of people might be gone in January and recommended the second or third Tuesday in February as a possibility. King objected to the delay because he felt since there were close to eighty days prior to the November 7 election: This provided plenty of time for the election to be scheduled. A January or February election would have a lower turnout, particularly if the weather was poor. Motion failed. Yes: Blatchford, Brossow, Shafer No: Calhoon, Clark, King, Orr, Informational items and reports Harbor Plaza Project Recap. Taxable Sales and Taxable Rents Report for the Second Calendar Quarter 2000. Status of Grants to City as of June 30, 2000. City Manager's Response and Seward Charter Boat Association Letter of August 16, 2000. City of Seward, Alaska City Council Minutes August 28, 2000 Volume 35, Page 281 t L J Council comments Clark stated he attended a very worthwhile Alaska Municipal Meeting in Fairbanks, where there were lively discussions on the proposed tax cap and other issues. Blatchford congratulated the City of Seward on it's 97th birthday. In addition, Blatchford complimented Dave Crane for all his hard work and long hours he was donating to refurbish the Chamber of Commerce Alaska Railroad car located on the corner of Third Avene and Jefferson Street. Calhoon stated that he did not know how he will vote on the electricity issue, and stated that he hoped the Community would to have an open mind on the issue. The City of Seward had a history of being a progressive community, and an honest and open look at this electricity issue will continue the tradition. Calhoon stated that, like King, he had received very little public input on the electricity issue and no public input on the passenger fee issue. Citizens' comments Blaine Bardarson, 1308 Chamberlain, said he was hoping for an answer to his request for the Rotary Pavilion insurance proceeds as early as possible, because the building season will be over in less than two months. Ron Long, Port and Commerce Advisory Board Chairman, requested additional advertising to announce the upcoming Port and Commerce Advisory Board meeting to help get the word out that the Board will be discussing the proposed Harbor bond, passenger fees, a -float, and fish cleaning stations. Council and administration response to citizens' comments Janke suggested that the Administration will need to get an estimate of how much the City will get in insurance proceeds prior to making any agreement with the Seward Rotary. King stated that he was in favor of the City transferring the insurance proceeds, even if there was a need to transfer the funds prior to receiving the insurance proceeds, to allow the Rotary club to commence rebuilding the Pavilion. Orr stated that he thought it was very important to encourage people to discuss the electric utility issue and then to get a good turnout on election day. Adjournment The meeting was adjourned at 9:20 p.m. 1 Patrick Reilly City Clerk Edgar Blatchford pjT� b� Mayor v� (City Seal) •. ShAL Z. r � °0 ��i uno City of Seward, Alaska City Council Minutes September 11 2000 Volume 35, Page 282 Call to order The September 11, 2000, 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 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 reported: The Finance Director of Finance and Administrative Services, the City's Controller, along with Janke, will meet with the City Departments to review proposed departmental budgets over the next four weeks. The Downtown Business Association is working on a design for the Fourth Avenue and Adams Street property that was recently purchased by the City; and Janke highlighted a report from the Parks and Recreation Department that discussed, in part, the fourteen day camping limit rule. City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35, Page 283 City Attorneys Report. Attorney Brad Meyen stated that in the last month the law firm worked on various land disposal matters, the harbor tariff passenger fee matter, monitoring the Alaska SeaLife Center litigation matters and worked on various utility matters. Other Reports, Announcements and Presentations. City consultant Winn Peterson, of Peterson Consulting Group, Inc., from Mercer Island, Washington, updated the Council on electric utility issues. Peterson gave an overview of electric utility issues, including deregulation and competition within the electric utility. Peterson stressed that although the State of Alaska had not deregulated the electric utility industry, there was competition within the industry that was affecting Seward. He gave an example of recent competition, where another electric utility made a presentation to the Council within the past year to sell power to a few of Seward's large electric users. Peterson explained how another electric utility could "cherry pick" some of the City's largest customers and leave the City with nearly the same operating costs but less revenues, and thereby forcing prices higher for the remaining customers or decreasing contributions to the general fund. Peterson then proceeded to outline the pros and cons of selling the utility. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Motion (Brossow /Shafer) Approve the agenda and consent agenda. Janke added setting a town meeting date to discuss electricity issues. Calhoon removed Resolution 2000 -095 from the consent agenda. Clark expressed concern that the City Council had not authorized the Administration to expand the scope of the harbor project to spend an additional three million dollars. In response to a question from Blatchford, Meyen stated he did not believe Clark's proposed amendment was germane to Resolutions 2000 -93, or 2000 -094, which were relevant to harbor passenger fees and the approval of revenue bonds. In addition, there was no public notice to address the issue at this time. Janke suggested the Council could address Clark's concerns at a future council meeting. The issue could still be addressed prior to any actual bond sale. Clark then added the scheduling of a special meeting to address his concerns about the scope of the harbor project. Motion passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -096, appropriating $37,672 of the State Revenue Sharing monies for the Health Facilities within the City of Seward and authorizing payment to those Health Facilities based on the State Revenue Sharing Allocation. City of Seward, Alaska City Council Minutes September 11 2000 Volume 35, Page 284 Resolution 2000 -097, approving Amendment Two to the professional services agreement with Mikunda, Cottrell & Company extending the agreement to perform the external audit services for the City of Seward for the calendar year ending December 31, 2000 and authorizing the City Manager to sign Amendment Two. Resolution 2000 -098, transferring the Alaska Municipal League Joint Insurance Association Dividend and the Law Enforcement Liability Pool Retrospective Credit totaling $95,360 to the General Fund fund balance designated for insurance reserves. Resolution 2000 -102, consenting to the submittal ofthe Seward Small Boat Harbor Preliminary Plat to the Kenai Peninsula Borough for approval, and authorizing the City Manager to increase the professional services contract with Integrity Surveys from $7,500 to $9,000. Public hearings Resolution 2000 -093, approving an amendment to the Rules, Rates, Charges and Regulation for Port and Harbor Facilities for the City of Seward, Alaska. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Andy Mezirow, 213 Bear Drive, on behalf of the Seward Charter Boat Association, stated he represented 54 member businesses, and 80 charter boats. Mezirow spoke against Resolution 2000 -093. Mezirow felt that their clients were already being charged enough to use the Small Boat Harbor. However, if the City Council did choose to approve the resolution the Association recommended the addition of fish cleaning tables and a ramp on E dock. In addition, Mezirow recommended a task force to work with the Harbormaster to determine how the new fish cleaning station would be installed, so that it would suit the needs of the Charter Boats, since it was the Charter Boats that were more or less paying for the upgrades. Mezirow emphasized that the task force should only be made up of those who were to collect user fees. In addition, there was a need for a paid ramp attendant and a decal placed on each boat to show that the businesses that carry passengers for hire were registered with the City. Ron Long, Camelot, Port and Commerce Advisory Board, thanked the Charter Boat Association members and Council Members for attending the Port and Commerce Board's recent meeting. Long spoke in favor of passage of Resolution 2000 -093. Long also spoke in favor of hiring a ramp attendant and developing a decal window sticker program for boats that complied with the City's rules. Williard Dunham, Forest Acres, noting he served on the Port and Commerce Advisory Board for a number of years, stated he agreed with Mezirow, particularly having an employee stationed as a ramp attendant to monitor compliance with City rules. No one else appeared to be heard and the public hearing was closed City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35 Page 285 I Motion (Shafer/Brossow) Approve Resolution 2000 -093 Janke noted that the Port And Commerce Advisory Committee ( PACAB) approved a similar resolution. Janke highlighted that section four of the resolution sunsets the passenger fee after the bonds are paid. Shafer stated that she attended the recent PACAB meeting and expressed an interest in developing a boat decal system to show the boats that are properly registered with the City. In response to a question from Brossow, Janke explained that the City would take advantage of existing paperwork requirements ofthe Kenai Peninsula Borough and the State Department ofFish and Game reporting requirements when developing a process to monitor that the Tour and Charter Boat Industry are in compliance with the proposed passenger fee. Blatchford emphasized that he believed the Council was not interested in creating new paperwork for the tour and charter boat owners, but to create a system that took advantage of the paperwork that the operators must currently file. Motion passed. Yes: Blatchford, Brossow, Calhoon, King, Orr, Shafer No: Clark Resolution 2000 -094, providing for the issuance of Harbor Improvement Revenue Bonds of the City in the aggregate principal amount of not to exceed $3,000,000 for the purpose of providing amounts to acquire, construct and install necessary additions and improvements to the City's Harbor System and to do all things necessarily incidental thereto, and to pay the costs of bond issuance; fixing certain covenants and protective provisions safe guarding the payment of the principal of and interest on said bonds; providing that additional Harbor Improvement Revenue Bonds may be issued on parity with such bonds upon compliance with certain conditions; and providing for the date, form, terms, maturities and manner of sale of the bonds. 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 to be heard and the public hearing was closed. Motion (Orr / Calhoon) Approve Resolution 2000 -094 [City bond counsel, Cheryl Brooking, appeared telephonically for the discussion on Resolution 2000 -094] Janke explained the high points of the project, including informing the public that the term of the bond would be twenty years and the bond pledged both the passenger fee and net harbor revenues to repay the bond. The City projected that 216,000 passengers would pay the user fee, which was a cushion of 39,000 passengers in the event of a down cycle in the industry. In the event there was a downturn more than 39,000 passengers, there would be a need to resort to the net revenues of the Small Boat Harbor in order to pay the bond payments. City of Seward, Alaska City Council Minutes September 11 2000 Volume 35, Page 286 In response to a question from Orr, Janke explained that the City bond amount was increased in order to satisfy the harbor users who were interested in having a fish cleaning station built. In response to comments from King, Tom Tougas, 208 Bear Drive, of Kenai Fjords Tours, noted that the market for this summer may show an overall flat revenue picture or a small decline in customers from the prior year for the industry. Tougas stated that this year's increase in fuel was one of his factors for his flat revenue forecast. Motion passed. Yes: Blatchford, Brossow, Calhoon, King, Orr, Shafer No: Clark New business Ordinances for Introduction Ordinance 2000 -016, appropriating funds to make expenditures to influence the outcome of an election concerning a ballot proposition or question for the sale of the Electric Utility. Motion (OrrBrossow) Introduce Ordinance 2000 -016 and set a public hearing for the September 25 meeting. Janke began by noting that this resolution, written with the assistance of our attorney, authorized the City Administration to spend $2,500 in favor of educating the public on the concept of the sale of the City's Electric Utility. Without passage of this resolution, the Administration's hands would be tied by Alaska Public Offices Commission regulations to stay completely neutral on this issue, and it would be hard to educate people and stay completely neutral. The money would be used for a box holder mailer and to organize a town meeting. Calhoon stated that the passage of this resolution would allow the City Administration to disseminate information about the ballot proposition. In response to a question from Orr, Janke stated that passage of this resolution allows the Administration to do informational releases in the form of box holder mailings and town meetings, but the Administration does not intend to do a hard sell. Meyen stated that if the City hired a consultant to attend a town meeting it would be presumed that the City was trying to influence the outcome of an election. Clark stated that if the City was concerned about the environment that the City's Electric Utility was operating under it should get this message out to the public. Janke explained that the ballot proposition was only a question about the concept of a sale of the electric utility, it did not actually sell the utility. Motion passed. Unanimous. Resolutions City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35, Page 287 1 �1 Resolution 2000 -095, authorizing the City Manager to issue a purchase order to Potelcom Supply, Inc., in the amount of $10,406 for the purchase of various electrical equipment for the Electric Enterprise Fund. Motion (Calhoon /Shafer) Approve Resolution 2000 -095 City Engineer and Manager of Utilities, Dave Calvert, explained that the City issued a purchase order to purchase electrical supplies. The original purchase was under $10,000, which would not require council approval. When the item was shipped the City received a larger amount of material and a larger invoice than expected, over $10,000 dollars and, therefore, now needed council approval. In response to a question from Calhoon, Calvert stated it was easier for the City to keep the additional wire that was received rather than returning it to the shipper. Motion passed. Unanimous. Resolution 2000 -099, authorizing a contract with the United States Department of Agriculture Natural Resources Conservation Service for contract management of construction of the Japanese Creek Levee Flood Mitigation Project and authorizing acceptance of Federal Grant Funds in the amount of $1,000,000. Motion (King/Clark) Approve Resolution 2000 -099 Schrock explained that the document before the Council was similar to a document that was before the Council last April. This resolution authorized a contract for contract management for the construction of the Japanese Creek Levee extension and allowed the City to access one million dollars of federal funding for the project. Motion passed. Unanimous. Resolution 2000 -100, authorizing the City Manager to enter into a contract with Vista Electrical Contractors, Inc. for an amount not to exceed $332,284.36 for phase two construction at Ft. Raymond Substation. Motion (Clark/Calhoon) Approve Resolution 2000 -100 Calvert gave the administrative overview, explaining that the City was in the second phase, the electrical phase, of the construction at Ft. Raymond Substation for the installation of a new generator and upgrade of the substation. The City's engineer evaluated the six bids and recom- mended that Vista Electrical Contractors, Inc. be awarded the contract. In response to a question from Orr, Janke stated that this project was partially funded by a state grant. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35, Page 288 Resolution 200 -101, authorizing the City Manager to transfer $20,000 from Electric Department Retained Earnings to the Electric Department Legal Budget and authorizing the City Manager to issue a purchase order with Kempel & Huffman to provide legal services for an amount not to exceed $25,000. Motion (Clark/Brossow) Approve Resolution 2000 -101 Janke explained that when Marc Marlow of Marlow Power and Steam, approached the City to sell power, the City hired the law firm of Kempel & Huffman to assist the City with this unexpected legal issue. In response to a question from Clark, Janke stated that there was no duplication in legal fees between the City's regular law firm and Kempel & Huffman. Motion passed. Unanimous. Resolution 2000 -103, appropriating funds to sponsor a health summit addressing the long -term health care needs of the City of Seward. Motion (Clark/Brossow) Approve Resolution 2000 -103 In response to a question from Blatchford, Janke explained that all of the health care providers in the City of Seward can some day be in jeopardy in the future, and they are important to our community when trying to locate industries to Seward. Janke stated that the timing for this summit was good because the City was currently updating the City's Comprehensive Plan. In response to a question from King, Janke explained that the appropriation of $1,500 was mainly to pay for a facilitator for the event. Clark stated that it was his understanding that in the past there had been some effort to consolidate health programs within the Community, as a cost saving measure, and this summit might make progress toward that end. Motion passed. Unanimous. Setting a town meeting date to provide public information regarding the electric utility issue. Janke stated he had identified both October 10 and October 13 as possible dates for the town meeting, with the location at the Seward High School Auditorium. After a brief discussion, the Council unanimously settled on Friday, October 13, for the town meeting. Scheduling of a special meeting to address his concerns about the scope of the harbor project. Clark explained that he had concerns about the management and scope of the north harbor construction project. After a brief discussion, the Council scheduled a special meeting to discuss this issue on Thursday, September 14, at 6:30 p.m. City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35, Page 289 Informational items and reports (No action required) Department Monthly Reports. In response to a question from Shafer, Janke explained that security issues for boats that will be taken out of the water for the north harbor project had been addressed by the City Administration. Alice Picket Memorial Animal Shelter Report. Council comments Brossow thanked the City of Seward electrical consultant for meeting with the Council. Brossow encouraged everyone to come out and support Seward's football team at the school's upcoming homecoming. Brossow added that our football team had a tough year, with some players playing both offensive and defensive positions. Shafer suggested appointing a Council Member to the proposed harbor task force. After a brief discussion, the council unanimously appointed Brossow to participate with the harbor task force meetings. Orr urged all those in town who cared about electricity to give the Council input and to come to the town meeting. Clark announced that a downtown park group would meet Tuesday, September 19, and encouraged folks to attend and submit ideas to the group. Blatchford stated that the City Council would continue the discussion on whether or not to appropriate $2,500 to educate the public on the electricity ballot proposition. Blatchford stated that it was his intent for the City to present both sides of this issue to the Public, and it was his understanding that passage of the Ordinance was merely to satisfy a legal presumption that the City would be taking sides in the event it spent money to educate the Public on the proposition. Citizens' comments Williard Dunham, Forest Acres, thought that the sale of the Electric Utility was a bad idea. On another topic, Dunham reiterated the need for the by -pass road near Dimond Blvd. in Forest Acres. Council and administration response to citizens' comments Janke stated that the need for the by -pass road was certainly obvious, and the City did speak with the contractor in an effort to minimize the dump truck traffic in the area. City of Seward, Alaska City Council Minutes September 11, 2000 Volume 35, Page 290 In response to Dunham's comments on electricity, Calhoon stated that in the past the City was open minded to look at the Prison, the Hospital and the SeaLife Center, and the City should be open minded enough to look at the electric issue. Orr stated that the question for the voters was the concept of a sale of the City Utility. Orr stated he had not yet been convinced it was time for a sale and was looking forward to facts to help him decide how he would vote on the issue. Adjournment The meeting was adjourned at 9:44 p.m. Patrick Reilly City Clerk -rg , 1 4'- Edgar Blatchford Mayor (City Sg 0 1 1 11 1 1# 8 11 S �� • ••• '9 • V . 1 R4T�•`•• 00 SJ:7AL • r x• • j OF 0 r �lr�� . � [ 111 5•��sw City of Seward, Alaska September 12, 2000 t City Council Minutes Volume 35, Page 291 Call to order The September 12, 2000 special meeting of the Seward City Council was called to order at 6:30 p.m. by Vice -Mayor Stu Clark. Opening ceremony Chief Squires led the pledge of allegiance to the flag. Roll call There were present: Stu Clark presiding, and David Brossow Michael Calhoon Jerry King Nathan Orr Vanta Shafer t comprising a quorum of the Council; and Scott Janke, City Manager Cheryl Brooking, City Attorney (telephonically) Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent was: Edgar Blatchford Approval of special meeting agenda Motion (Calhoon/King) Approve the Special Meeting Agenda. Motion Passed. Unanimous. New business Vice -Mayor Clark questioned the Council Members regarding ex parte contact. Orr stated that during business dealings he had inspected the property. He clarified that he had no financial gain in the outcome of the hearing. None of the Council objected to his sitting on the Board of Appeal. City of Seward, Alaska City Council Minutes September 12, 2000 Volume 35, Page 292 King stated he had been contacted by Marrs prior to the Appeal Hearing being set and had answered Marrs questions. He stated that he had no financial gain in the outcome of the hearing. None of the Council objected to his sitting on the Board of Appeal. HEARINGS ON APPEAL A. C & G Construction and Paul J. Wakefield appeal of the fire hydrant requirement for the home on Lot AL 1 in Forest Acres. 1. Presentation from C & G Construction. Gary Baker, 1735 Cedrus Circle, stated that the current policy for one property owner to carry the entire expense of a fire hydrant in Forest Acres was unfair. He stated that forming an assessment district should be an option. Baker expressed his belief that the cost to install fire hydrants hinders the growth of the City. Baker stated that he felt installing a sprinkler system would decrease the value of the home. 2. Presentation from Paul J. Wakefield. Paul Wakefield, 2910 Sunspot, felt Seward was ready for growth and development. He questioned the Council on the fairness of this requirement and his frustration with the costs involved. He asked the Council if the hydrant could be extended the minimum amount, or if a sprinkler system could be retro fitted to the home. 3. Presentation from Seward Fire Department. Chief Squires reviewed his report to the Council. He stated that he had given the developer three options: 1) install the hydrant, 2) install a sprinkler, or 3) maintain an access road to the existing sprinkler on Cedar Street. He clarified that the developer was aware of the requirement. In response to questions from Council, Chief Squires stated that the most effective spacing between hydrants was 500 feet. He also reviewed the Section of the Code that outlined the requirements for fire hydrants. Hearing no more requests to speak the appeal hearing was closed. B. Communications North, LLC, appeal of the fire sprinkler system requirement for the Communications North Building, Lot 1, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Park. 1) Presentation from Communications North, LLC. Patrick Marrs, Nash Road, felt that the sprinkler requirement was unfair. He requested the Council reverse the Fire Chiefs decision. One of his major concerns was the possibility of the sprinkler system damaging his electrical equipment. City of Seward, Alaska City Council Minutes September 12, 2000 Volume 35, Page 293 2) Presentation from Seward Fire Department. Fire Chief Squires outlined the history of the special hazard policy and discussed the reasons behind designating buildings in SMIC as a special hazard if they are over 500 feet square. He clarified that Mr. Marrs was aware of the requirement for a sprinkler system. Hearing no more requests to speak the appeal hearing was closed. EXECUTIVE SESSION With no objection from the Council Vice -Mayor Clark called an Executive session to deliberate and prepare findings of fact and conclusions of law with respect the appeals presented. The Council came out of executive session at 8:40 p.m. and took the following action. Motion (Brossow /Shafer) In the appeal of C & G Construction and Paul J. Wakefield, the City Council de- cided that the Fire Chiefs decision be upheld on the condition that the appellants have the option of either (a) installing an adequate sprinkler system or (b) contributing the costs for the materials, installation, and labor of a hydrant and 40 lineal feet to install a new hydrant as re- quired by the Code with the City paying for the remaining lineal feet. Motion Passed. Yes: Clark, Shafer, Orr, Brossow No: King, Calhoon Motion (King/Calhoon) In the appeal of Patrick Marrs, the City Council decided that the Fire Chiefs deci- sion be reversed on the condition that the City may require a sprinkler system be installed in the future if there is a change in occupancy. Motion Passed. Unanimous. Janke explained that in an effort to avoid this issue in the future, the City would apply for a State of Alaska $75,000 grant plus City match to be able to install all of the fire hydrants. He clarified that the grant would be effective July 1, 2001. Squires explained that about 28 fire hydrants would be installed. Adjournment City of Seward, Alaska September 12, 2000 City Council Minutes Volume 35, Page 294 The meeting was adjourned at 8:55 p.m. to these Minutes were the Notices of Decision. Assistant City Edgar Blatchford Mayor (City Seal) CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 -0167 M 7377� z % • Main Office (907) 224 -4050 • Pohce (907) 224 -3338 • Harbor (907) 224 -3138 • Fire (907) 224 -3445 • Fax (907) 224 -4038 DECISION OF THE SEWARD CITY COUNCIL REGARDING THE APPEAL BY COMMUNICATIONS NORTH, LLC OF A SPRINKLER SYSTEM REQUIREMENT FOR CONSTRUCTION AND OCCUPANCY OF A COMMERCIAL BUILDING IN THE SEWARD MARINE INDUSTRIAL CENTER At 6:30 p.m. on Tuesday, September 12, 2000, the Seward City Council convened as a hearing board to hear the above referenced appeal. Council members Stu Clark, David Brossow, Michael Calhoon, Jerry F. King, Nathan Orr, and Vanta Shafer were present and so constituted a quorum. Patrick Marrs was present on behalf of Communications North, LLC and presented his appeal. Dave Squires, Seward's Fire Chief, was present and presented the administration's position. Following oral testimony and questions from the Council members and a review of the written record as presented, . the Council reached the following decision. This written Notice of Decision is provided by the City Clerk, pursuant to Section 9.15.112(H) of the Seward City Code. Issue on Appeal Communications North, LLC constructed and owns a commercial building of approximately 4800 square feet, located in the Seward Marine Industrial Center. Prior to receiving a building permit, the Fire Chief notified Patrick Marrs of the requirement for a sprinkler system in compliance with existing City policy. At that time, Mr. Marrs questioned the requirement. In October 1999, the City granted a building permit and a one -year waiver of the sprinkler requirement provided that Mr. Marrs was required to install a waterline sized to meet the needs of a sprinkler system during construction. The one -year period will expire on October 4, 2000. Communications North, LLC appealed the sprinkler requirement. A hearing was held at 6:30 p.m. on Tuesday, September 12, 2000, in accordance with the City's Code of Ordinances Section 9.15.112. Findings 1. Since 1991, the City has enforced and followed a policy of requiring sprinkler systems in all new buildings exceeding 500 square feet in the Seward Marine Industrial Center. The cost of the sprinkler systems are to be born by the affected builder or landowner. 2. The building constructed by' Communications North is approximately 4800 square feet and is located in the Seward Marine Industrial Center. According to existing City Council policy, the Fire Chief imposed the sprinkler system requirement so as to not compromise firefighting ability. 3. The Fire Chief testified that there are no firefighters in the immediate area and that notification of a fire would be an important issue because the area is not residential and thus no one may be present in the vicinity outside normal business hours who could notify firefighters of a fire. A sprinkler system, if installed, would automatically send an alarm to the City's firefighters. If the fire department were notified of a fire, there would be an approximate minimum delay of 20 minutes before firefighters would arrive. At that point, it is estimated that the structural integrity of the building would be jeopardized and would be likely to collapse. The Fire Chief is permitted by City Code to require fire safety protections where special hazards exist. The Fire Chief determined that the risk of a structural collapse and the increased risk to firefighters who may need to enter the building in the event of a fire constitute a special hazard necessitating the need for a sprinkler system. 4. Although Mr. Marrs initially argued in 1999, that a sprinkler system would damage the electrical equipment stored in the building, his verbal testimony indicated that this is not an issue because insurance would cover any loss of equipment. He is willing to accept the risk that a fire would destroy the building and its contents. His concern about the sprinkler system is the cost of installation. 5. The cost of installing a sprinkler system is not known but is expected to be a significant investment. 6. The Council is guided in its appeal decision by Section 9.15.112(F) which reads as follows: 9.15.112 Uniform Fire Code - enforcement, appeals. F. The council shall either affirm or reverse the administrative official's ruling, in whole or in part. The council may vote to reverse, in whole or in part, only if it finds the appellant has proven the following: 1. the relief sought will not result in a violation of any applicable federal or state regulation; 2. the relief sought is in harmony with established city codes, policies and procedures; 3. the relief sought will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties; and CACURRENT WORK\COUNCILWPPEALS 2000WPPEAL MARRSWPPEAL DECISION - SPRINKLER SYSTEM ADOC Page 2 4. public services and fire protection are not impaired and are adequate to meet any new requirements resulting from granting the relief sought, and it will not significantly increase the cost of operations of public service and fire protection agencies. A decision may be made subject to the appellant's compliance with terms and conditions deemed necessary by the council. 7. The Council finds that the relief sought will not result in a violation of any applicable federal or state regulation. The sprinkler requirement recommended by the Fire Chief under the Uniform Fire Code is a result of City policy, not federal or state regulation. Subsection 9.15.112(F)(1) is met. 8. The City Council recognizes the established City policy that sprinkler systems should be required in all new commercial buildings exceeding 500 square feet located in SMIC. The building constructed on this site contains current fire protection materials and fire rated walls. The risk of a structural collapse without a sprinkler system is known, and leads the City Council to the conclusion that it is unlikely that firefighters would enter the building if it were on fire and therefore the building is likely to be a total loss and the owner assumes this risk. According to written testimony of the Fire Chief, "There is a one hour separation wall between the office /shop to the warehouse area." Current code authorizes this type of construction and occupancy. Because the City policy is discretionary and left to the expertise and discretion of the Fire Chief, the City Council finds that relief from a sprinkler requirement under these facts may be in harmony with the existing policy. Subsection 9.15.112(F)(2) is met. 9. The Council finds that a waiver of the sprinkler requirement will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties. The property will be used solely for commercial use, primarily during business hours. A large portion of the building is dedicated to warehouse storage. The offices portion is separated by a fire -rated material. Loss of property is a risk that Communications North is willing to assume under these circumstances and any adjacent properties existing or to be built would be at least 40 feet away. The evidence shows that a fire in this building would be unlikely to spread to adjacent properties. Subsection 9.15.112(F)(3) is met. 10. The City Council finds that the waiver of the sprinkler requirement in this instance would not impair public services in fire protection. The evidence presented does not indicate there would be new requirements resulting from granting the waiver nor has there been evidence presented that a waiver of the sprinkler requirement would significantly increase the cost of operations of public service and fire protection. Nonetheless, the City Council recognizes that a change in use of the property, to the extent CACURRENT WORKICOUNCILIAPPEALS 20001APPEAL MARRSAPPEAL DECISION - SPRINKLER SYSTEM ADOC Page 3 that construction permits would be required under the City Code, may trigger the need for future Fire Code compliance review and additional fire suppression or prevention requirements. Decision The City Council has decided based on the evidence before it, that the Fire Chief's decision is reversed (6 in favor, 0 opposed) on the condition that the City may require a sprinkler system be installed in the future if there is to be a proposed change in occupancy. The City Council expressly finds that this decision is narrowly tailored to address the specific facts presented to the Council at this time. By making this decision, the City Council expresses no intent to alter or amend existing City Fire Code policies or ordinances in any way whatsoever, and expressly recognizes the Fire Chief's expertise and ability to evaluate risks and special hazards in relation to fire prevention and suppression. Dated this 25th day of September 2000. CITY OF SEWARD t 1 Stirrat Clark, Vice Mayor ATTEST: Patrick Reilly, City Clerk C: \CURRENT WOWCOUNCIDAPPEALS 2000WPPEAL MARRSAPPEAL DECISION -SPRINKLER SYSTEM A DOC Page 4 City of Seward, Alaska September 14, 2000 it City Council Minutes Volume 35, Page 295 Call to order The September 14, 2000, special meeting of the Seward City Council was called to order at 6:30 p.m. by Vice -Mayor Stu Clark. Opening ceremony Harbormaster Jim Beckham led the pledge of allegiance to the flag. Roll call There were present: Stu Clark presiding, and Edgar Blatchford (6:45 to 7:15 PM) Jerry King Nathan Orr Vanta Shafer 1 comprising a quorum of the Council; and Scott Janke, City Manager Jim Beckham, Harbormaster Christy Terry, Assistant City Clerk Absent were: David Brossow Michael Calhoon Citizens' comments on agenda items not scheduled for public hearing Dan Lowry, Salmon Creek Road, stated that currently silica is not allowed as a blasting material in SMIC. He contended that the product he used for blasting, Green Diamond, contained silica but was actually the safest of all blasting products on the market. Lowry asked the Council to allow him to use this product by changing the Harbor Boat Uplands Work Policy. He also questioned the Council as to why there were no public restrooms in the SMIC area. Approval of special meeting agenda Motion (Shafer/King) Motion Passed. New business Approve the Special Meeting Agenda. Unanimous. City of Seward, Alaska City Council Minutes September 14, 2000 Volume 35, Page 296 Resolution 2000 -104, authorizing the expansion of the Seward Small Boat Harbor improve- ment project from approximately 3 million to approximately 6 million dollars. Motion (King/Shafer) Approve Resolution 2000 -104 Janke informed the Council that the bond bank staff had recommended approval of the bond sale. He reminded the Council that on Monday's Council Meeting the 3 million dollar bond was authorized to expand the scope of the project. In response to Orr, Janke elaborated that Trick, Nyman, and Hayes provided the construction administration for the project. Beckham stated that Carl Stormer, Project Manager for Trick Nyman and Hayes (TNH) was scheduled to come to Seward to supervise critical points in the construction process. He clarified that himself or Steve Homan would complete daily physical inspections of the project. In response to a statement from Orr, Beckham stated that TNH would have a representative in Seattle checking on Transpac Marinas' progress, and that Transpac had their own system for quality control. In response to further questioning from Orr, Beckham responded that a representative from the City could travel down to Seattle to perform an inspection at anytime. In response to a question from Clark, Beckham clarified the chain of command was: Transpac's engineer reported to TNH's contract manager, who reported to the Harbormaster, who then reported to the City Manager. Clark felt that there should be a full time project manager for a project of this size, and that the project manager should report directly to the City Manager. Clark stressed the importance of having someone solely focused on this project that would be able to have the project completed by May 1", 2000. He reiterated that the project was now at 6 million dollars with a half million dollar contingency. Clark identified some of his major concerns with the project. Shafer voiced concerns from businesses in the harbor that this project would not be completed on time now that the project had been increased. She reminded the Council how much Seward relied on the revenue from tourism. Beckham clarified that the project dealt with estimates until a finalized budget was put in place. He elaborated on the time line discussed with Transpac including scheduling extra time for aspects of the project including the pile driving and the freight time from Tacoma. Beckham stated that the installation of utilities into the floats would take the most time, and that contingencies were in place to make sure the harbor users' needs were met In response to questions from Council, Janke stated that he had done a number of projects of the same magnitude, but none were harbors projects. He believed that the City had the administrative capabilities to complete the project correctly and on time. In response to questions from the Council, Beckham stated that he had rearranged his daily schedule to complete this project and had passed on monitoring the operational side of the Harbor to the Assistant Harbormaster. In response to a question from the Council, Carl Stormer, stated that it would be possible to have a full time project manager from their company, but that it would be highly unusual. Orr felt that a full time project manager would have too little work to fill their time. He stated that even if there was a full time project manager it was still no guarantee that the project would be completed on time and within budget. City of Seward, Alaska City Council Minutes September 14, 2000 Volume 35, Page 297 Janke clarified for the Council that the project had financially doubled, but the scope had only been increased by a third. He discussed his comfort level with having the City's Special Project Engineer and the Harbormaster inspecting the work everyday, and using TNH's services. He stated that the biggest job was contracting with the best firms and the logistics of coordination. Orr reminded the Council that the City's project manager would have less power to tell the contractor's employees what to do. He stated that the key was to make sure the contractor was on schedule and the contractor would then monitor the sub - contractors. He questioned if that was really enough work for an eight hour day. Orr asked the administration if they had an estimate on how much a resident engineer would cost. After receiving an answer of about twenty thousand per month, Orr stated he would risk not having a resident engineer for what eighty thousand would buy. Clark inquired with Janke, Beckham, and Calvert how many hours they currently work, and what their job descriptions included. He stated that for a 6 million dollar project none of the staff had the time to devote to insure the Harbor was completed. He stated that he was willing accept a professional service agreement instead of hiring a new City employee. In response to a question from Shafer, Beckham stated that he had not been in charge of a Harbor project of this magnitude, but had done comparable projects with other major transportation facilities. In response to King, Carl Stormer, TNH, stated that he had worked with the Corp of Engineers for the last 18 years and they had done planning and implementation of similar projects. ' A ten minute recess was called from 7:40 to 7:50. Jerry George, slip a -16, George outlined his professional experience and credentials. He suggested the City hire an employee who would report to the Harbormaster, while the Harbormaster would continue to report to the City Manager. George's opinion was that the Harbormaster needed to utilized a resident engineer as a tool to guarantee success of the project. Carol Chaudiere, 1129 Cliff View, stated she had not heard anyone say they had experience to complete this project or review the project for success. Orr stated his willingness to hear a proposal for a resident engineer. Clark stressed the need for a clear line of authority and the need to officially recognize that the project had doubled in size. He asked Harbormaster Beckham if a resident engineer would be useful. After receiving an answer in the affirmative, expressed his wish that Council be updated on a regular basis with the status of the project. Motion (Clark/Orr) Amend Section 1 to read, "The City Manager is hereby authorized to retain a professional engineer experienced in project management including harbors or marine construction. The job description, or professional service contract, will be submitted to Council for approval prior to retain- ing the individual. The engineer will report di- rectly to the Harbormaster. City of Seward, Alaska September 14, 2000 City Council Minutes Volume 35, Page 298 Motion Passed. Unanimous. Main Motion Passed. Unanimous. Resolution 2000 -105, authorizing the City Manager to issue a change order to TRANSPAC increasing the amount by $50,000 for an additional form to construct float sections, funding to be advanced from the North Harbor Renovation Capital Project, and to be repaid from the revenue bond at the time of bond issuance. Motion(King/Orr) Approve Resolution 2000 -105 Motion Passed. Unanimous. Council comments Shafer stated she wanted to discuss the use of Silica Sand in SMIC. Clark thanked the Council for the great discussion. Citizens' comments Jerry George thanked the Council for the opportunity to speak. Council and administrative response to citizens' comments Beckham thanked the Council for their desire to help complete the Harbor upgrades. On another topic, Beckham stated that he had contacted OSHA, the Caost Guard, the EPA and others regarding the use of Silica Sand. He stated that Mr. Lowry was speaking about the use of silica sand as blast material in the Green Diamond product. Beckham clarified that the use of Silica Sand was prohibited in the Seward Marine Industrial Center Upland Boat Work Policy. Council and administration response to citizens' comments Shafer requested the administration bring forth a resolution changing this requirement. Orr cautioned the Council to not change this policy with out further research. Clark requested the resolution have specifications on how to dispose of the blasted material. Adjournment The meeting was adjourned at 8:32. L_ City of Seward, Alaska September 14, 2000 City Council Minutes Volume 35, Page 299 L� n Christy Terri/ Assistant City Clerk (City Seal) Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes September 25, 2000 Volume 35 Page 300 Call to order The September 25, 2000, 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 Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Tylan Schrock, Assistant City Manager Christy Terry, Assistant City Clerk Absent None. Special orders, presentations and reports Proclamations and Awards. Domestic Violence Awareness Month. City Manager's Report. Tylan Schrock gave the City Manager's Report on the following items: - Sea Life Center tentative settlement of Strand Hunt Lawsuit. All issues were resolved and about 10 million dollars was set aside for construction repairs. - DOT meeting on the mile 0 -8 project was scheduled for Thursday from 2 -4 in the Council Chambers. Many suggestions have been incorporated into project but this will extend the time line by another year. - October Comprehensive Plan update will begin. Meetings set for October 11th and 12th. Other Reports, Announcements and Presentations. City of Seward, Alaska City Council Minutes September 25 2000 Volume 35,Page 301 t C t Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Pat Sterling, Seward Small Boat Harbor, felt that the Harbor could not afford to purchase a new truck at this time. He questioned why the oil collection cost was not divided between the departments that use the oil for heating. Pat expressed his concern that very little money was allocated for harbor maintenance. DJ Whitman, 12510 Camelot, expressed his concern with changing the Seward Marine Industrial Center Upland Boat Work Policy to include silica sand as a blast material. He explained some of the health problems, and questioned why anyone would use this other then it is cheap. Jerry George, slip 16 Seward Small Boat Harbor, stated that communication had gotten better with the City regarding harbor renovations. He commended the Police Chief for having more of a police presence in the harbor. Bob Valdetta, 520 5th Ave, notified the Council that the Alaska Rail Road was trying to give their roll on/ roll off dock to the City. He asked the Council to look into acquiring this dock. Approval of agenda and consent agenda Pat Sterling, Seward Small Boat Harbor, asked about the replacement schedule for the Anchor in the Harbor Plaza. Clark amended the agenda changing item 10.A regarding a request from Afognak logging for a long term lease of the Seward Fourth of July Rock Quarry to a new business item. Shafer requested that the Council schedule, under new business, a work session to discuss Providence's Critical Access Hospital Designation. Motion(Clark/King) Approve the agenda and consent agenda as amended. The Assistant City Clerk read the following approved consent agenda items: Appointment of the following Canvass Board workers for the October 3, 2000 election: Rhonda Anderson- Hubbard; Jean Bardarson; Lana Esposito; and Sara Nell Watsjold. Public hearings Ordinance 2000 -016, a non -code ordinance, appropriating funds in the amount of $2,500, to make expenditures to influence the outcome of an election concerning a ballot proposition or question for the sale of the Electric Utility. City of Seward, Alaska City Council Minutes September 25, 2000 Volume 35,Page 302 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 to be heard and the public hearing was closed. Motion(Clark/Brossow) Approve Ordinance 2000 -016 Schrock stated that this request was before Council so that an educational campaign could be launched. He clarified that there was no current offer on the table to sell the utility. In response to a question from Mayor Blatchford, Schrock clarified that the process for the sale of the utility was: 1) voters approve the concept of the sale, 2) Administration looks for a buyer, 3) sale proposal to Council for approval, 4) if the voters disagree they would petition to have a referendum vote. Motion(C1arkBrossow) Amend Ordinance 2000 -016 by adding the words "the concept of the" to Section 1, line 5, prior to the phrase, "sale of the electric utility." Motion on Amendment Passed. Unanimous. Main Motion passed. Unanimous. Resolution 2000 -106, authorizing the sale of a 2.5 Acre Parcel of City-owned Land, Located on the East Side of Nash Road Within Tract G, Fourth of July Creek Subdivision No. 2, to John C. Anderson for a sale price of $30,000. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Pat Sterling, Seward Small Boat Harbor, spoke in favor of this resolution. Bob Satin, 425 4th Ave, asked the Council why a map was not more readably available for the public to review, and why there was no specific location information provided to the public. King stated that the area was described in the packet and explained for Mr. Satin where the property was located. Roger Swenson, Mile 7, representing Andy Anderson who was unable to attend this meeting, then clarified that Anderson had already invested a lot of time and money into the project. Swenson stated that if the project was approved then water and septic would be investigated. He assured the Council that Anderson would build a nice house and would follow Dave Squire's requirements for fire access and the engineers required building codes. No one else appeared to be heard and the public hearing was closed. Motion(Brossow/King) Approve Resolution 2000 -106. City of Seward, Alaska City Council Minutes September 25 2000 Volume 35,Page 303 1 1 Schrock reminded the Council of Resolution 2000 -073 which allowed the Administration to negotiate with Anderson. He stated that the focus should be on the requirements Anderson would have to meet including the covenants listed on page 21. Schrock discussed the specific covenant requiring Anderson to leave 70 percent of the natural vegetation. In response to a question from Council, Schrock clarified that this Resolution and Resolution 2000 -107 were at the same point of negotiation but one was signed and one was not. He continued by stating that Resolution 2000 -107 would need to be amended to reflect this difference in that resolution's Section 5. Shafer felt Anderson would be a responsible developer, but voiced her concern that not enough information was known about the property. In response to a question from Brossow, Schrock stated that the property did not have to be rezoned, and this was the final time Council would see this property sale. Orr stated his support of the sale. Calhoon voiced his concern that this sale was moving too fast. He stated that Anderson would be a good steward of the property, but until the logistics of providing water and sewer was resolved he couldn't support the sale. Clark stated that Council Procedures needed to be modified to include procedures for land sales, not just leases. King stated that this would be a rare opportunity to find a developer willing to outlay this amount of development costs prior to laying a foundation. In response to questioning from Council, Schrock stated that the Department Heads involved did review this sale, but that it did not utilize a check off system because this was not a subdivision. Calhoon felt Mr. Anderson should not be denied the opportunity to purchase the property, but the Council should do more research on how this area should be developed. Motion passed. Yes: King, Orr, Brossow, Blatchford No: Calhoon, Clark, Shafer Resolution 2000 -107, authorizing the sale of Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center to Dan Lowry of Dalo Marine for $81,664. 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, spoke in support of this Resolution. Dan Lowry, Camelot, requested to negotiate terms on the sale with the Council. 1 Jim Coleman, 609 4th Avenue, asked what amount of latitude the City Manger was allowed with negotiating the terms in a property sale. No one else appeared to be heard and the public hearing was closed. Motion(Brossow /Calhoon) Approve Resolution 2000 -107 City of Seward, Alaska City Council Minutes September 25, 2000 Volume 35 ,Page 304 Schrock explained the reasoning behind the amendment the administration was proposing. He stated that this resolution would authorize a sale of a 2.5 acre parcel for $81,664 in SMIC. Schrock clarified that the amendment would require the sale paperwork to be signed within 30 days, and then the sale to be completed within the following 60 days. This would provide a total of 90 days for Lowry to obtain the full purchase price. By consensus Resolution 2000 -107 was amended to renumber Section 5 to Section 6, and to add a Section 5 that reads, "Approval of the Purchase and sale agreement by this resolution is subject to Dan Lowry signing the agreement within 30 days of the date hereof." Motion passed. Unanimous. New business Resolution 2000 -108, endorsing the Fire Hydrant Upgrade Phase H project for nomination in the State of Alaska Capital Project Matching Grant Program and requesting State grant funding of $75,442.61 for the Project with a local match of $74,578 from the Water -Sewer Utility and General Fund. Schrock stated that the deadline for the State of Alaska's FY 2002 Capital Project Matching Grant Program was October 1, 2000. He explained that the fire hydrant upgrade project would help minimize problems in areas where the City was encouraging infill development. Schrock clarified that matching money would not be allocated until the City received the grant funding. In response to a question from Orr, Squires outlined on the map where 13 additional hydrants would be placed., and explained the aspects of the grant request. In response to a question from Shafer, Squires stated that 3 new hydrants would be added in Forest Acres. In response to a question from Shafer regarding long range planning, Schrock stated that the emphasis will be on creating a loop of water lines in developed areas. Motion Approve Resolution 2000 -108. Motion passed. Unanimous. A recess was called from 9:00 to 9:05 PM. Resolution 2000 -109, authorizing the City Manager to revise the Seward Marine Industrial Center Upland Boat Works Policy, deleting the prohibition of the use of silica sand as a blast material. Schrock stated that this issue had received public comment on both sides and referred to the expertise of the Harbormaster. Harbormaster Beckham stated that he was bringing this issue forward per council request. He explained that he had called OSHA, the Coast Guard, etc. and none of them could give him an answer on why not to use silica sand. Beckham stated that he had Harbor clients on both sides of the City of Seward, Alaska City Council Minutes September 25 2000 Volume 35,Page 305 issue and that he would like the Council to make a final decision to either delete or not delete the prohibition from the SMIC upland boat work policy. Clark observed that current policies were not being followed in SMIC, especially when it came to clean up requirements. He stated that the key was making sure that rules were being followed. In response to a question from Orr, Beckham stated that the policy had been compiled from other marinas' policies, and also from PACAB suggestions. Orr stated that his research on OSHA'S website showed silica sand being outlawed in Europe. He objected to changing the policy until the Harbor could have more man power to regulate the containment of silica sand. Shafer asked if enforcement had begun on the whole of the policies. Schrock reminded the Council that the intent was to implement these policies gradually. In response to a question from Shafer, Beckham stated that the EPA recommended that the area around the blasting be tarped off, and that the operator was protected. He continued that even when an area is tarped off some blasting material will escape. Orr voiced his concern that the SMIC area remain as environmentally clean as possible. In response to Calhoon, Beckham stated that other blast material were more expensive and also have materials that could be damaging to the environment. Motion Approve Resolution 2000 -109 Motion passed. Yes: Calhoon, King, Shafer, Clark No: Brossow, Orr, Blatchford Resolution 2000 -110, authorizing the City Manager to solicit bids for a new 2000 or 2001 One Ton 4WD Pickup for used oil collection, transport and delivery. At the request of the Administration, Council unanimously agreed to strike the works, "If the bid price is $30,000 or less, the City Manager is authorized to purchase the new vehicle." from Section 1 of the resolution. Motion Approve Resolution 2000 -110 Beckham stated that the Harbor had been collecting used oil for over 20 years, and transporting the oil to the city buildings where it is used as heating fuel. He explained that the current truck was not safe to transport oil and there were no vehicles to carry the heavy load. Beckham discussed reducing the vehicle inventory in the harbor by two, and replacing these vehicles with the one authorized by this resolution. He explained that his intent was to rid the Harbor of single use vehicles. Schrock directed the Council's attention to the maintenance log on page 47. He voiced his concern that this vehicle is an on going safety liability. Clark suggest the administration develop schedule to proactively maintain vehicles. In response to a question from Orr, Schrock stated that purchasing new vehicles was sometimes a better investment then asked why a used vehicle was not being considered. Schrock then clarified that none of the Harbor Bond money would be used to purchase this vehicle. City of Seward, Alaska City Council Minutes September 25, 2000 Volume 35 Page 306 Motion Failed. Yes: Brossow, Shafer, Blatchford No: King, Orr, Calhoon, Clark Resolution 2000 -111, authorizing the City Manager to enter into a contract with Wilder Construction Company to sell rock from the Fourth of July Creek Rock Quarry at a price of $1.50 /ton of rock removed from the Quarry. Schrock corrected the word "yards" to "tons" in the forth whereas. Director of Utilities and Engineering Dave Calvert stated that the offer before the Council was a legitimate offer. Motion Approve Resolution 2000 -111 Clark stated he was pleased to see that Wilder was required to leave the quarry as it was found. King stated he favored a long term agreement with one local contractor. He stated that with multiple contractors there was a potential for waste. Calvert agreed with wanting to support local contractors, but reminded the council that currently the quarry was vacant. He clarified that it was not in Wilder's best interest to overshoot while they were removing rock. Schrock stated that this contract would not limit the City looking at creating a long term agreement with one contractor. In response to questioning from King, Schrock stated that Afognak would have time to remove their equipment. In response to further questioning from King, Calvert stated he was unaware ifthere were any other sources of rock Wilder could obtain. He then clarified that Wilder would be the only contractor with the right to quarry rock for the next year. Administration explained that two contractors removing rock from the quarry at the same time would be dangerous. In response to questioning from Orr, Schrock stated that Wilder would be required to leave the quarry in as good a condition as when they started. He felt that the City did have means to assess if this was done or not done. Orr stated his support for selling rock and developing a long term lease for the quarry. Motion passed. Yes: Shafer, Brossow, Orr, Clark No: King, Calhoon, Blatchford Other New Business Directing the City Clerk to prepare and distribute an election pamphlet including candidates for City Council and ballot proposition summary language for the October 3, 2000 regular election. Schrock stated that Administration had worked with the City Attorney to develop neutral language to send out this informational flyer. In response to Council questions, Schrock clarified that City of Seward, Alaska City Council Minutes September 25. 2000 Volume 35,Page 30 both the pro and con sides of approving a 5 year franchise agreement with Peninsula Sanitation would be presented and it would clearly separate the issue of rates and the franchise agreement. Motion Direct the Clerk to prepare and distribute an informational election pamphlet. Motion passed. Unanimous. Long term lease request from Afognak Logging Schrock requested that the Council refer this issue to Planning and Zoning so that they could review the significant number of issues and formulate an exact process to study this request. In response to questions from the Council, Schrock stated he did not know if the long term lease would need to go to a vote of the public and this issue along with others, would be addressed by the Planning and Zoning Commission. Critical Access Hospital Feasiblely Study Shafer explained that this designation would allow the hospital to be reimbursed from the Government for medical procedures at a more realistic rate then what they currently received. She explained that Dave Burk was in town from Washington and would be in Seward conducting the study. Shafer stated that Burk was willing to meet with the Council to explain the issue. The Council unanimously set a work session on this issue for Friday September 29' at noon Informational Items and Reports Update on the Harbor Plaza Project. Seward Harbor Repair and Renovation Fish Cleaning Stations: Initial Scoping Meeting Notes. Election information - the importance of a single vote. Council comments Shafer encouraged everyone to attend the Health Fair on October 7' Clark complimented Karin Sturdy on the excellent AARP and ASCE conference. He thanked Marsha Vincent for all her volunteer hours and revealed that she had won the award for outstanding citizen. Clark reiterated the importance of servicing vehicles and being proactive with a vehicle maintenance program. He also stated that there should be a procedure for the sale of property as well in addition to leasing policies. Orr stated he appreciated having the minutes from the Seward Harbor Repair and Renovation Fish Cleaning Stations: Initial Scoping Meeting. City of Seward, Alaska City Council Minutes September 25, 2000 Volume 35,Page 308 Blatchford informed the public that Lady Mary Soames, Churchill's daughter, was in town. Citizens' comments Pat Sterling, Seward Boat Harbor, appreciated the amount of discussion the Council put into making a decision on silica sand. He stressed the need for business owners to clean up after themselves. Jim Coleman, 609 '/2 4` Ave., expressed his concerns that an environmental contractor should be over in SMIC checking on the work that was being done there. Bob Valdetta, 520 5' Ave, requested that the Council look into the ARR roll on/ roll off dock. He also expressed his support of the fire hydrant grant. Council and administration response to citizens' comments None. Adjournment The meeting was adjourned at 10:40 PM. CNkfigty Terry/ Assistant City Clerk X C-) A;n� J Edgar Blatchford Mayor (City Seal) City of Seward, Alaska City Council Minutes October 9 2000 Volume 35, Page 309 Call to order The October 9, 2000, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Ltd. Roger Bleth led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Michael Calhoon Stu Clark 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 Jerry King Nathan Orr Special orders, presentations and reports Proclamations and Awards. A proclamation proclaiming October 8 -14, 2000 as Fire Prevention Week was read. Borough Assembly Report. Janke stated that new Assembly Member Ron Long will be sworn in at tomorrow night's Assembly Meeting. City Manager's Report. Janke informed the Council that Assistant City Manager Tylan Schrock had been hired as the new Alaska SeaLife Center Director. Janke congratulated Schrock and wished him well at his new position. Janke announced that the City Administration was nearing negotiations with the City of Seward International Brotherhood ofElectrical Workers (IBEW) employees. The Council can expect an executive session in the near future to brief the Council on the proposed contract. City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 310 Harbormaster Beckham updated the Council on progress of the North Harbor project. His report stated that material and supplies were pretty much available, but there was a longer lead time for aluminum than anticipated. Beckham concluded his report by stating that the Administration was close to putting out a construction bid for the project. Beckham distributed a spread sheet that showed the various phases, time lines and estimated costs for the project. Janke added that the 3.1 million received from the State of Alaska had earned about $125,000 thousand dollars in investment earnings that would be added to the project. Clark noted that he attended the health summit today and thought it was very important for the Community to hear about the Community's medical needs, and encouraged those who attended the summit to attend the Comprehensive Planning meetings that were scheduled to take place on Wednesday and Thursday of this week. City Attorney's Report. Meyen reported the law firm had been working on various legal matters related to E -float, including the matters dealing with the revenue bond, planning and zoning lease amendments, matters related to the IBEW contract negotiations, matters related to the educational proposition on the concept to sell the electric utility. In addition, the law firm continued to monitor the Alaska SeaLife Center litigation, which was rapidly coming to a conclusion. Other Reports, Announcements and Presentations. Homer Electric Association (HEA) General Manager Norm Storey, 3307 Lake Street, Homer, Alaska and Manager of Finance and Business Development Rick Eckert gave an approximately twenty minute power point presentation to the Council. Storey stated that: - HEA believed deregulation would eventually effect the Kenai Peninsula; - there was a value in neighbors helping one another, as shown by the recent cooperation in dealing with avalanche damage of the Seward transmission line; - highlighted the history of HEA, which covered from 1945 to the present; - explained what a member -owned cooperative was; - explained HEA's finances and power sources; - discussed HEA's fleet and inventory of equipment; and - explained the structure of the nine member Board of Directors. Following the presentation, Storey fielded questions from the Council. Shafer wondered how a merger between HEA and Seward Electric Utility would effect the City's relationship with Chugach Electric Association (CEA). In response, Storey noted that a contract between HEA and CEA was in place until 2013. When competition arrives, Storey believed CEA would be fighting their own competition challenges in the downtown Anchorage area. In response to a question from Clark, Storey stated CEA delivered a small amount of power to the communities of Moose Pass, Cooper Landing, and Hope. In response to a question from Blatchford, Storey explained how a member cooperative utility functioned and how HEA's member districts were laid out. In response to a question from Brossow, Storey agreed that the Seward customers would have the same rights and privileges that the HEA customers currently have. In addition, Seward City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 311 would become its own district because a community must have the ability to be able to nominate and vote someone to the HEA board. In response to a question from Shafer, Storey explained HEA's customer loan program. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Motion (Clark/Brossow) Approve the agenda and consent agenda. Janke deleted Resolution 2000 -114 from the agenda, which concerned the addition of a strip of land ten feet in width located along the South Boundary of the North Harbor Parking Lot to James Pruitt, in order to provide appropriate public notice on the topic. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -112, authorizing the City Manager to pay year 2000 dues for Alaska Rural Electric Cooperative Association (ARECA) in the amount of $11,771. Resolution 2000 -113, endorsing a project nomination for mile 12 Seward Highway non - motorized trail system for inclusion in the recreation trail grant for the Year 2000. Resolution 2000 -118, adopting an alternative method for the FY 2001 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area and authorize the city manager to apply for funds from the Shared Fisheries Business Tax Program. Resolution 2000 -119, authorizing the City Manager to purchase an "Elliott" primary metering cabinet from Potelcom for a price not to exceed $14,780. Resolution 2000 -121, supporting the Alaska State Parks application for Recreational Trails Grant Funds to repair and improve trails at Caines Head State Recreation Area. August 28, 2000 meeting minutes. New business Resolutions Resolution 2000 -115, approving the addition of E Float to Transpac Marinas, Incorporated's material supply contract for an amount not to exceed $876,368.80. Motion (Shafer /Clark) Approve Resolution 2000 -115 City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 312 Clark stated that the Harbormaster's updated list of estimates and actual costs that were presented this evening went a long way to alleviating Clark's original concerns about the cost of this project, and he stated he was looking forward to continued cost updates. Janke explained that he will continue to provide financial spreadsheets on this project to the Council so that the Council will have a clear understanding of the financial status of this major project. Motion passed. Unanimous. Resolution 2000 -116, approving change order number 2 to Tryck Nyman Hayes, Incorpo- rated's engineering services contract to add two fish cleaning stations for amount not to exceed $60,075. Motion (ClarkBrossow) Approve Resolution 2000 -116 Janke explained that with the authorization to sell 3 million dollars in bonds, the project was expanded to include the fish cleaning stations. This resolution authorized the engineering and design work to be completed by Tryck Nyman Hayes. The Council would eventually approve the actual design of the project. Motion passed. Unanimous. Resolution 2000 -117, authorizing the City Manager to issue a purchase order to TelAlaska, Inc., for an amount not to exceed $30,000 to upgrade the City's telephone system. Motion (Clark/Shafer) Approve Resolution 2000 -117 Janke explained that the current budget included about $30,000 to upgrade the City of Seward's phone system. Finance and Administrative Services Director Rick Gifford updated the Council on the status of the City phones and the need for the proposed upgrade. In response to a question from Clark, Gifford stated he believed the system would be able to handle DSL lines when the City's lines were upgraded. Calhoon wondered if the upgraded telephone system would give the ability to leave messages for council members, in an effort to make it easier for the public to leave messages for all the council members. Motion passed. Unanimous. Resolution 2000 -120, changing temporary half time library assistant to regular half time library assistant and rescinding all prior resolutions that are in conflict. Motion (Clark/Shafer) Approve Resolution 2000 -120 City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 313 Janke stated that this resolution was in response to an inefficiency that was discovered by Library Director Linville. For a small amount of money, around $700, passage of this resolution would allow the library to keep greater employee stability. Shafer noted that this position had been very beneficial to the library staff. Motion passed. Unanimous. Resolution 2000 -122, approving change number three to Transpac Marinas Incorporated's material supply contract, purchase order 25273, adding additional cleats to 32 foot slip fingers. Motion (Brossow /Clark) Approve Resolution 2000 -122 Janke explained that the way the cleats were originally to be installed would have created difficulties for boat owners and passage of this resolution will solve the problem. Motion passed. Unanimous. Resolution 2000 -123, proposal from the Seward Rotary to rebuild the Rotary Pavilion (near the Seward Lagoon) and appropriating $20, 942.57 from City of Seward insurance proceeds as a donation to the Seward Rotary Club. Motion (ClarkBrossow) Approve Resolution 2000 -123 Janke explained that in response to legal review, there was an additional whereas clause, which will allow the City to make a direct donation to the Seward Rotary Club. Blaine Bardarson, President of the Seward Rotary Club, stated the Rotary would like to rebuild the Pavilion back to the way it was before the fire, and then give the Pavilion back to the City. Brossow spoke in favor of the resolution, stating that the Rotary did a good job building the Pavilion originally, and expected they would do a good job rebuilding it. Motion passed. Unanimous. Other New Business Items Expired agreement with Frank Irick and the Jesse Lee Home. Janke explained that there were a number of options that were outlined in Gifford's agenda statement to the Council packet. Janke suggested that the Council should consider scheduling a work session to discuss this issue, but there would be no time to schedule a work session within the next couple of weeks. Clark suggested that this issue should go before the Planning and Zoning Commission, this would allow public comment prior to the City Council discussing the issue, particularly since the options presented to the Council at this time do not give the Council many choices. City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 314 Motion (Clark/Brossow) Refer the expired agreement with Frank Irick and the Jesse Lee Home issue to the Planning and Zoning Commission for a recommendation. Motion passed. Unanimous. Process for naming the newly acquired city property at Fourth and Adams Street. Janke stated that Council Member Orr contacted him to discuss the process for naming the newly acquired city property at Fourth and Adams Street. Janke explained that this type of issue is typically referred to the Planning and Zoning Commission for a recommendation. Motion (Clark) Refer the process for naming of the newly acquired city property at Fourth and Adams Street to the Planning and Zoning Commission for a recommendation. Motion passed. Unanimous. Certifying the October 3, 2000 regular municipal election. Motion (Brossow /Clark) Certify the October 3, 2000 regular municipal election. Clerk Reilly gave the following report on the October 3, 2000 election results: City of Seward Report of Canvass Board October 3, 2000 ABSENTEE AND QUESTIONED BALLOTS Voted: Absentee ballots voted: 54 Questioned ballots voted: 9 Personal representative ballot voted: 1 Total Ballots Voted: 64 Rejected Ballots: Not registered, registered too late or registered out of City of Seward: 9 Form not complete properly: 0 Signed/witnessed or postmarked after election day: 0 City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 315 I Less Total Ballots Rejected by Canvass Board: 9 Counted: Absentee ballots counted: 54 Questioned ballots counted: 0 Personal representative ballot counted: 1 Total Absentee & Questioned Ballots Counted: 55 The election day votes counted were cast as follows: Council Race Michael Calhoon election day votes 250 canvass board 33 Total 283 Pat Sterling election day votes 182 canvass board 16 Total 198 Proposition No. 1: Franchise agreement for the collection and disposal of refuse. Yes: election day votes 294 canvass board 46 Total 340 No: election day votes 121 canvass board 9 Total 130 Jerry King election day votes 231 canvass board 35 Total 266 Vanta Shafer election day votes 347 canvass board 43 Total 390 Pat Sterling election day votes 182 canvass board 16 Total 198 Proposition No. 1: Franchise agreement for the collection and disposal of refuse. Yes: election day votes 294 canvass board 46 Total 340 No: election day votes 121 canvass board 9 Total 130 City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 316 A total of 495 people voted at this election, with 486 ballots counted. Motion passed. Unanimous. 10. Informational items and reports (No action required) Department Monthly Reports Janke highlighted the monthly reports by noting the Army Recreation Camp was in support of building a bowling alley on city property, which would be open to the public and be a tax paying entity. Janke stated that he understood someone from the private sector also expressed an interest in developing a bowling alley. In response to a question from Shafer, Janke stated there were plans for a ten lane bowling ally, along with an indoor miniature golf course and video arcade. In response to Clark, Janke stated the property location for this project was in the vicinity of the forest acres tennis courts. Janke also highlighted that he had been contacted by a timber company with an interest in harvesting the trees on the Nash Road Bench area. The timber company believed the timber was valued at about $500,000. Because this item could be controversial, Janke did not intend to bring this item forward unless the Council expressed an interest. Animal Shelter Report Calhoon spoke in favor of requiring spaying and neutering of animals that were adopted from the Shelter, and was in favor of any code change that would be necessary to enforce this requirement. Calhoon added that he was pleased with how the animal shelter has been operating. Shafer also spoke in favor of the animal shelter, particularly the increased outreach that has been taking place. Blatchford stated that it was his understanding that the official name of the animal shelter was the Alice Pickett Memorial Shelter. November 7, 2000 Special Election Calendar C.J. Zane and Grad Gilman October 3, 2000 Washington Report Renovation Project Update September 14 -29, 2000 Council comments Clark congratulated Schrock on his new position as director of the Alaska SeaLife Center and thanked all those who participated in today's Health Summit, particularly Commissioners Pugh and Perdue. Clark urged community members to attend the comprehensive planning meetings. Brossow congratulated Schrock and newly elected council members Shafer, King and Calhoon. City of Seward, Alaska City Council Minutes October 9, 2000 Volume 35, Page 317 F i t Shafer stated that the feasibility study for the critical access hospital designation was underway. Shafer said it was interesting to hear that Providence Seward was a model for other communities when exploring the critical access hospital designation path. In addition, at today's Health Summit, there was a concern that housing was too expensive for people to relocate to Seward. Shafer stated that high housing expenses effect all employers in this community. Blatchford congratulated the newly elected council members and hoped they enjoy the next two years on the City Council. Citizens' comments Blaine Bardarson, 1608 Chamberlain, stated the Rotary was now accepting applications for volunteers for the new rotary project. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:10 p.m. Patrick Reilly Z Edgar Blatchford City Clerk ��sum Mayor *%% *�y -* Of SE19, �i� a � .......,'99 (City Seal) �. O� , •pFiP01, ., p mo �: SEAL tl - r p i y.� : Y City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35 Page 318 Call to order The October 23, 2000, regular meeting ofthe 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 new elected Council Members. Patrick Reilly administered the oath of office to newly elected Council Members; Jerry King, Mike Calhoon, and Vanta Shafer. 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 Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent None. City Manager's Report. City Manager Scott Janke reported on the following items. - Prince William Sound Transportation Plan meeting was attended by Rachel James. Janke stated that Seward's ferry service has been divided into two areas, and that both exclude a ferry in Seward. The Prince William Sound Transportation Plan will be present to the Council on November 20". - Janke anticipated attending a board meeting with Sea Life Center on 25' of October, and a meeting on the 2n of November regarding the multi- agency facility. - The Harbor Bond sale would close on December 19' and 20 He listed the attendees and stated that the Bond would pay for trip to Seattle. City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35, Page 319 L� 1 t - 2000 -2003 DOT improvement calendar: Nash Road was now scheduled for construction in 2004, while Port Avenue construction was scheduled for 2002 and would cost 1.83 million dollars. Also the Seward Harbor pedestrian pathway was scheduled for 2002. Steve Homan, Special Project Engineer, stated that the bid opening for Japanese Creek Levee was completed and that the City planned to receive the permit from the Army Corp of Engineers within a week. He reported that the time line for the Japanese Creek Levee was to start construction in November, and complete the project by May I". Homan clarified that there was one easement left to acquire. Jim Beckham, Harbor Master, provided an update on the Harbor Upgrades. He stated that there would be a pre -bid conference during the 3' week of November and then following a preconstruction conference, construction would begin. In response to Shafer, Beckham stated that the electrical system, flag pole, and the piles remained to be installed in the Anchor Plaza. Other Reports, Announcements and Presentations. Seward Army Recreation Camp video and Bowling Alley Proposal. Dean Hone, USARAK Deputy DCA Building 1 Headquarters Loop, stated that this summer was the Seward Army Recreation Camp's biggest attendance with over 65,000 people. He clarified that this proposal to build a bowling alley would mean a partnership with the private sector to provide video games, food service, indoor golf, and bowling. Hone stated that an assessment would be done by Army Headquarters to ascertain 1) public support, 2) need, and 3) business feasibility. He stated that if the Council was interested in the Army pursing building a bowling alley, a resolution supporting this plan was needed. Hone reiterated that the Army was not here to compete with the private sector, and that they would like to keep the lines of communication open with the Council. In response to a questions from the Council, Hone stated that the facility would be opened to the public year round, and that it was unknown how large the building would be. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Bruce Sieminski, 213 Benson, stated that the new park name should be decided by a contest that everyone in town could enter. Motion (Clark/King) Approve the agenda and consent agenda. Janke, asked that Resolution 2000 -125, authorizing the City Manager to adjust the Alaska Railroad Corporation's water bill, be deleted from the agenda. Under other new business a discussion of a work session was added to continue discussion on the City Budget. Agenda passed as amended. Unanimous. The Clerk read the following approved consent agenda item: City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35, Page 320 Appointing Rhonda Anderson- Hubbard, Jean Bardarson, Lana Esposito, and Claudia Towsley to the Canvass Board for the City of Seward November 7, 2000 special election. Public hearings Resolutions Requiring Public Hearing Resolution 2000 -114 authorizing the City Manager to amend the lease authorized by Resolution 2000 -076 between the City and Mr. James T. Pruitt, by the addition of a strip of land ten (10) feet in width located along the south boundary of the north harbor parking lot, Tract A, Block 1, North Harbor Subdivision. Motion (ShaferBrossow) Approve Resolution 2000 -114 Janke reviewed the Council Agenda Statement. He clarified that the Council had authorized negotiations with Jim Pruitt to add ten feet and to resolve public safety concerns by requiring the owner to build a sidewalk and other conditions. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Bob Satin, 425 4 stated his opposition to this addition of ten feet to this lease. He asked the Council to consider the parking fees this land generates during the summer months. Janke stated that this ten feet will alleviate safety concerns and also would be rented at the recently appraised value. No one else appeared to be heard and the public hearing was closed. Motion approved. Yes: King, Shafer, Orr, Calhoon, Brossow, Blatchford No: Clark Unfinished business New business Ordinance for Introduction Ordinance 2000 -17, amending Seward City Code, 8.20, Vehicles for Hire, to no longer require vehicles to be inspected by the City. Motion (Orr /Clark) Introduce Ordinance 2000 -17 City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35, Page 321 1 Janke clarified that it was brought to his attention by the City Shop that the City required an inspection, but the City did not have the equipment to perform the test correctly. Motion approved. Unanimous. Resolutions Resolution 2000 -124, re- appropriating $56,996 from the Electric Department 1999 retained earnings account and authorizing the purchase of materials from Strusser Electric Company for the harbor street lights. Motion (Brossow /Shafer) Approve Resolution 2000 -124 In response to a question from Shafer, Dave Calvert, Manger of Engineering and Utilities, stated that the design was changed and the material was obtained for less then the original price. Motion approved. Unanimous. Resolution 2000 -126, approving Change Number 4 to Transpac Marinas, Incorporated's material supply contract to provide two 6' a 80' and one 6' x 100' aluminum access ramps and associated hardware for an amount not to exceed $208,000.00. Motion (ClarkBrossow) Approve Resolution 2000 -126 Janke explained that currently there was a back log on aluminum orders. This procurement was an effort to keep the project on time. Motion approved. Unanimous. Resolution 2000 -127, approving Change Order Number 3 to Tryck Nyman Hayes Incorpo- rated's engineering services contract to add expanded construction administration duties for an amount not to exceed $151,880.00, and authorizing the City Manager to issue the appropriate Notice(s) to Proceed in accordance with the existing contract. Motion (Calhoon /Clark) Approve Resolution 2000 -127 Janke stated that he had worked on the possibility of having an independent engineer and had come to the realization that this could cause delays and legal concerns. Janke developed this expansion to the TNH contract to fulfill the role of project engineer. He stated that he felt confident that this expansion of TNH's role along with City Stag would be the best way to insure timely completion and the most responsible way to proceed. In response to a question from Shafer, Janke stated that there could be a clause added to the contract with a monetary bonus to complete the project within the time frame. Orr objected to providing an incentive. He felt that contractors had an inherent incentive to complete a project so they could move on to the next one. City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35, Page 322 In response to a question from Clark, Janke stated that weekly reports to the Council had been discussed with TNH and that they planned on doing weekly written updates and periodic Council Meetings. Clark and Shafer both expressed concern regarding the best way for the Council to insure that the project was within it's time frame and budget requirements, and that contingency plans were in place. Janke stated that he would continue to e-mail, provide hard copy information, and provide verbal updates at Council Meetings on the progress of the project. He clarified that flow charts would be provided when the construction contract was awarded. Janke stated that the Harbor Master was doing a good job of paying close attention to details and was able to identify this potential problem with the aluminum supply. Motion approved. Unanimous. Resolution 2000 -128, accepting a grant from the Alaska Department of Environmental Conservation in the amount not -to- exceed $94,600 for the purpose of having engineering design done for water and sewer line extensions. Motion (Clark/Shafer) Approve Resolution 2000 -128 Janke stated that this matching grant to complete this engineering design would put the City in the stream of grant money for construction dollars. To engineer these improvements the first part of the match would come from Water and Sewer and then from the Capital Improvement Budget. Motion approved. Unanimous. Other New Business Items Election of Vice - Mayor. King nominated Brossow for Vice - Mayor. Shafer nominated Clark for Vice - Mayor. The Clerk announced that Brossow received the most support. David Brossow was unanimously elected Vice - Mayor. Council appointments of Council liaisons to the Planning and Zoning Commission and the Kenai Peninsula Borough Economic Development District. Blatchford appointed and the Council confirmed Shafer to the Economic Development District. Blatchford appointed Clark and the Council confirmed Clark to the Planning and Zoning Commission. City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35, Page 323 Rescheduling the November 13 City Council Regular Meeting to November 6, and rescheduling the November 27 City Council Regular Meeting to November 20. Janke stated that rescheduling the meetings was mainly to work around Council attending the AML Conference and the time line for adopting the Annual Budget. Council unanimously agreed to the rescheduled meetings. Consideration of tax alternatives. Janke stated that he was following up on Council's request for the administration to examine options on: the cruise ship head tax, raising the sales tax, and decreasing the mill rate. He reiterated that the budget can not be balanced with tax alternatives for this year. Clark restated his concern with the budget shortfall, and reviewed the idea of raising the Sales Tax 1 percent and decreasing the mill rate to off set the large reassessed values. He expressed his concerns with being fiscally irresponsible if the Electric Reserves were used to balance the budget with no long term solution in sight. Orr clarified for the public why a tax increase was being discussed. He described the issue with the Seward Marine Industrial Center and the fact that this area was losing money. He assured the public that other areas in the City were running very lean. In response to a question from Shafer, Administration stated that payments for the North Dock are due on June I' and December 1` of every year. Calhoon explained his plan of exempting rent, utilities, heating fuel, and other basic essential living items from the Sales Tax. He stated that in reviewing the numbers you c6uld raise the Sales Tax by 1 percent, and by exempting these items individuals would $aye money..'Calhdon explained that the City still needed the Sales Tax as a revenue fund, but there mgh it be other'future options such as a head tax on the cruise ships. Janke requested direction from the Council on how they: Arked Ae $udget to lie balanced. Setting Work Session. A Work Session to consider tax alternatives, and other budget itdtxa, ; ym set' uet for 7:00 PM on October 25'. Informational items and reports. Kenai Peninsula Borough resolution commending Kenai Peninsula Firefighters for excellence in the face of a highly volatile wildfire hazard in Southcentral Alaska due to the Spruce Bark Beetle Timber Infestation. Residential Fire Safety Institute 1999 Life Safety Achievement Award for the Seward Volunteer Fire Department. Obihiro - Seward student exchange program: excerpts from various newsletters. Council comments City of Seward, Alaska City Council Minutes October 23, 2000 Volume 35 Page 324 Brossow congratulated the newly elected Council Members back to the Council. Clark concurred with Brossow and also congratulated Brossow on becoming Vice - Mayor. Calhoon clarified, in reference to the Pruitt lease addition, that parking fees were not a revenue source but were used as a regulation tool. He asked the public to understand the safety issues involved. Citizens' comments None. Council and administration response to citizens' comments None. Adjournment The meeting was adjourned at 9:07 pm. Christy Terry Assistant City �� of: S!e{y'�ii (City Sea`��,�'� • SF A]', • � ( �A J Edgar Blatchford Mayor City of Seward, Alaska November 6, 2000 t City Council Minutes Volume 35, Page 325 Call to order The November 6, 2000, special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Edgar Blatchford. Opening ceremony City Manager Janke led the pledge of allegiance to the flag. Roll call There were present: David Brossow Michael Calhoon Stu Clark Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Rob Johnson, City Attorney (appeared telephonically) Patrick Reilly, City Clerk Absent were: Edgar Blatchford, Jerry King and Nathan Orr. 1 Citizens' comments on agenda items not scheduled for public hearing. None. Motion (Clark/Calhoon) Motion Passed. New business Motion (Clark/Shafer) Motion passed. Approve the Special Meeting Agenda. Unanimous. Enter an executive session for the purpose of performing the semi - annual evaluation of the City Attorney and an update on the IBEW labor con- tract negotiations. Unanimous. City of Seward, Alaska November 6, 2000 City Council Minutes Volume 35, Page 326 The Council then went into executive session. The Council came out of executive session shortly before 7:00 p.m. Council comments None. Citizens' comments None. Council and administrative response to citizens' comments None. Adjournment The meeting wits adjourned at 7:00 p.m. f a - trick Reilly Edgar Blatchford City Clerk Mayor (City s��OF SEW ��ai• y .. ..... qq� • �•i SFAL 0 A. hZNOf: F. City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 327 Call to order The November 6, 2000, 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 Nathan Orr Vanta Shafer comprising a quorum of the Council; and ' Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent Jerry King. Special orders, presentations and reports Proclamations and Awards. Blatchford read a proclamation proclaiming November as Veterans Remembrance Month, Borough Assembly Report. Assembly Member Ron Long updated the City Council on the last two Assembly Meetings. Long stated that Tim Navarre was elected President, and Pete Sprauge Vice President of the Assembly. City Manager's Report. Janke informed the Council on the following items: - Marlow Power was still maintaining an interest in selling electricity to the City of Seward. -The Harbor Business Association was meeting with the Administration during the next week to discuss the City parking layouts for the small boat harbor area. Following this meeting the Administration will present a proposal to the Planning and Zoning Commission for their input. -Multi Agency Facility Update: About 1.6 million has been authorized for the National Forest Service to purchase property in the vicinity of Third and Railway from the University to build the multi - agency facility. One proposal, which would turn the area into a campus setting by vacating a City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 328 portion of Railway Avenue, will be brought to the Planning and Zoning Commission to allow for public input. - Flood mitigation projects were given an additional 1.25 million dollars from the United States Congress, which should fully fund the building of the Japanese Creek levee construction and the Dimond Blvd. by -pass road and levee. -3 million dollars was moving forward in the congressional budget for repairs to the Lowell Creek Tunnel. The City is still working on trying to get ownership of the tunnel turned over to the Federal Government's Army Corps of Engineers. - Last year's legislative priority list was distributed to the Council for their review, with the thought that the Council will meet to update the list in early January. City Engineer Steve Homan updated the Council on flood mitigation work, focusing on the Japanese Creek levee and the easements that were being obtained. The City received good news in that a section of land that was previously designated as wetlands would no longer have a wetlands designation. Harbormaster Jim Beckham announced that requests for bids for the north harbor construction project was advertised, with a pre -bid conference scheduled for this Thursday, and the bid opening was scheduled for November 27. In response to a question from Clark, Beckham explained the issues surrounding whether to have a square or a round hand hole for the installation and maintenance of the electric and sewer utilities contained in the floats. In response to a question from Shafer, Janke stated that about two years ago the City received 1 million dollars for the Lowell Creek project but there was no authorization for the project at that time. The City has since been allocated a total of 3 million dollars and authorization to do the project, which may occur as early as this winter. In response to a question from Blatchford, Janke responded that the significant projects in Seward this winter include $550,000 worth of work on the Japanese Creek flood mitigation project, the six million dollar north harbor project, Lowell Creek Tunnel work and construction of the new Alaska Railroad dock. Janke concluded by stating he contacted the City Federal lobbyist in the hope that Northern Edge will again be staged in Seward next year. City Attorney's Report. Meyen reported that the law firm had worked on the Flood Mitigation Project, Harbor Revenue Bonds, and assisted the Administration with the IBEW collective bargaining contract and monitored the conclusion ofthe Alaska SeaLife Center litigation. In response to a question from Janke, Meyen stated that the law firm was in the process of gathering the information concerning the possible implementation of a passenger fee that could apply to cruise ships. Other Reports, Announcements and Presentations. City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 329 f7 t Karl Van Buskirk, Mile 5, Seward Highway, stated he was born and raised in Alaska, and for the last 9 years had lived in Seward. Buskirk added that he had about 16 years experience in commercial fishing, construction and marine contracting serving the charter fleet. Buskirk said he would like to take his experience to the Port and Commerce Advisory Board and asked the Council to consider him for the position. The City Clerk read a letter from Patrick Sterling, Slip B -3, Seward Harbor, who could not attend the meeting due to minor surgery on his leg. Sterling stated he believed that the City's port is a large part of the life -blood of our community and that there was a need to expand and develop new forms of commerce in Seward. Sterling stated he would take an aggressive approach toward developing commerce through Seward. Christine DeCourtney, External Affairs Director, and Aaron Saunders, Reservations Coordinator. DeCourtney presented a check to the Teen and Youth Center in the amount $1,378, which were the proceeds from this year's Haunted House that was held at the Alaska SeaLife Center. DeCourtney thanked the numerous volunteers that assisted with this year's Haunted House. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. The following area residents all spoke in favor of passage of Resolution 2000 -129, supporting multiple use trails and outdoor recreational sports with respect to the Chugach National Forest Revised Land Management Plan. Mark Clemens, Meridian Park, Seward; Marsha Vincent, 202 Marathon Drive, Chairperson of the Lost Lake Run, Seward; Melody Moline, 1906 Forget Me Not Circle, small business owner, Seward; John Moline, 1906 Forget Me Not Circle, bed and breakfast owner, Seward; and Ron Wille, 12385 Meridian Ave, Port and Commerce Advisory Board Member, Seward. Motion (Shafer/Brossow) Blatchford pulled the meeting minutes from the consent agenda. Clark added the topic of naming Brad Meyen as City Attorney for purposes of the City Charter and Code to the agenda. Motion passed Approve the agenda and consent agenda. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -134, supporting the National Marine Fisheries Service Investigation ofthe Sea Lion Population. Public hearings City of Seward, Alaska City Council Minutes November 6 2000 Volume 35, Page 330 Ordinances for Public Hearing and Enactment Ordinance 2000 -17, amending Seward City Code, 8.20, Vehicles for Hire, to no longer require vehicles to be inspected by the City in order to receive a vehicle for hire permit. 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 to be heard and the public hearing was closed. Motion (Clark/Brossow) Approve Ordinance 2000 -17 Janke explained that approval of this ordinance will eliminate the requirement for the City to inspect vehicles in order for the vehicles to obtain their annual vehicle for hire license. The City inspection requirements are quite significant, and the City does not have the equipment to properly perform the inspections. Performing these inspections created liability for the City. Since the City was not required to perform these inspections it was recommended that the City no longer perform them. Motion passed Unanimous. Resolutions Requiring Public Hearing Other Public Hearing Items Fiscal Year 2001 Budget, consisting of the General Fund, Enterprise Funds, the Motor Pool Fund, and the Capital Budget. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Rhonda Spurr, 5062 Moose Horn Drive, President ofthe Seward Little League, thanked the Council for their support for the Seward Little League so far, particularly with Citizen's Field. The Little League was looking forward to a positive relationship with the City. Spurr then explained the Little League program for the Council and the leadership skills that the program instills in the players. Spurr introduced some of the Little League Board Members, including Vice President of Softball, Lynn Hohl, Vice President of the Board, Cindy Ecklund, and Player Agent Rhonda Holm. Cindy L. Ecklund, 806 Second Ave, Seward Little League Vice President, gave the history of the Little League program and spoke in support of placing ballpark improvements on the City's Capital Improvement List, to make improvements to Citizen's Field, Boulder Field, and some equipment purchases. Orr added that it was clear from the Little League's budget that the Little League anticipated getting donations in time and materials in order to complete the projects. City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 331 No one else appeared to be heard and the public hearing was closed. Unfinished business None. New business Resolutions Resolution 2000 -129, supporting multiple use trails and outdoor recreational sports, with respect to the Chugach National Forest Revised Land Management Plan. Motion (Orr /Calhoon) Approve Resolution 2000 -129 Janke explained that the Resolution was consistent with the City's Strategic Plan, particularly with the Community's effort to go beyond the 90 -120 day tourist season by expanding into winter tourism. Orr explained that closing access for National Parks is happening all over the country. Orr stated that the City needs to send as loud of a message as possible to let it be known that open access to our land was very important to us. Shafer wondered if there could be a way to develop a policy that is separate for Alaska, because Alaska was not as developed as the rest of the lower 48. Shafer gave an example of how the Smoky Mountain National Park, near her former home in Tennessee, was a place where acid rain was killing trees due to lots of motorist traffic. But since Alaska did not have an acid rain problem Shafer thought the regulations that might fit for Tennessee just did not work well for Alaska. Janke responded to Shafer by stating Congress routinely passes legislation that might work well for the Lower 48 but not for Alaska. Janke added that since Alaska was different, we need to continuously work with our Congressional Delegation to see that Alaska was not treated with the same generic legislation used for the Lower 48. Brossow stated that this attempt to limit access was not just aimed at limiting access to motorized vehicles such as snow machines and all terrain vehicles, but to also limit access to those on mountain bikes, and horses. This was an attempt to keep us out of our forests. Motion passed. Unanimous. Resolution 2000 -130, authorizing the City Manager to enter into an approximately three year contract with the International Brotherhood of Electrical Workers (IBEW) beginning October 9, 2000 and ending June 30, 2003. Motion (Clark/Brossow) Approve Resolution 2000 -130 City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 332 Janke explained that the contract up for approval with Resolution 2000 -130 did not change dramatically from the current contract with the IBEW employees. Motion passed. Unanimous. Resolution 2000 -131, approving an increase of $9,500, and extending the term of a contract, with Peterson Consulting for various consulting activities related to the City of Seward's electric utility. Motion (Clark/Calhoon) Approve Resolution 2000 -131 In response to a question from Blatchford, Calvert stated that appropriating $9,500 will assist that City to respond to requests from other suppliers of power, to assist with the IBEW contract negotiations, and with a Power Sales Agreement that was being negotiated with Chugach Electrical Assocation. Calvert added that Peterson was an asset to the City and he was called upon regularly for expert consultation in the electrical field. In response to a question from Clark, Calvert stated the contract would expire when the money was fully spent. Motion passed. Unanimous. Resolution 2000 -132, authorizing the City Manager to enter into a contract with CIC, Inc. to construct the North Forest Acres Levee Extension and upgrade Dimond Boulevard at a cost not to exceed $566,643, with financing from the Natural Resources Conservation Service (MRCS) flood mitigation project account. Motion (Shafer /Clark) Approve Resolution 2000 -132 Janke explained that the bid summaries were included in the council packet, with CIC, Inc., being the recommended contractor. City Engineer Steve Hohman outlined the scope ofthe project for the Council by using a wall map showing the areas where the North Forest Acres Levee Extension will be built and where the new access to the area from the Seward Highway will be located. Motion passed. Unanimous. Resolution 2000 -133, ratifying emergency purchase order 25391 issued by the City Manager to National Pipe and Piling Inc., to supply piling for the Small Boat Harbor Repair and Renovation Capital Project for a price not to exceed $396,704. Motion (Brossow /Shafer) Approve Resolution 2000 -133 Janke explained that on October 30 he was notified ofthe immediate need to purchase piling for the Small Boat Harbor Repair and Renovation Capital Project. There was a problem acquiring 16" pile in a timely manner. In order to satisfy the dire needs of this important project, the City went City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 333 forward with a purchase order to purchase pile on October 30. This was necessary in order not to delay the project. The material was purchased only a few hours prior to their deadline. Fortunately, the City was able to actually procure the needed material at a lower cost than the engineer's estimate, and in a timely manner to satisfy the needs of the project. Motion passed. Unanimous. Motion (Shafer /Clark) Approve the August 17, September 11, 14, 25 and October 9, 2000 meeting minutes. Blatchford referred to council comments that were recorded in the September 11, 2000 meeting minutes regarding the appropriation of $2,500 to educate the public on the electricity ballot proposition. The minutes reflected that it was Blatchford's intent for the City to present both sides of the sale of the electric utility issue to the Public, and it was his understanding that passage of the Ordinance was merely to satisfy a legal presumption that the City would be taking sides in the event it spent money to educate the Public on the proposition. Blatchford questioned whether or not both sides of the issue was well presented in a half page ad that was placed in the Seward Phoenix Log. Blatchford noted that since there was an election on this issue the next day, he did not wish to dwell on the topic for long but wanted to clarify that the statement he made was accurate. ' Brossow stated he received a number of phone calls with concerns that the City had taken a position on the election by encouraging people to vote yes. Throughout the process, Brossow stated that it was his goal for the City to inform the public without taking a position. Motion passed. Unanimous. Appointment of a Port and Commerce Advisory Board member to fulfill a partially completed term that will expire in July 2001. The Clerk explained that it would be appropriate for the Mayor to appoint, and the Council confirm the Mayor's appointment, of one of the applicants to the Port and Commerce Advisory Board. The Mayor clarified that while the Ordinance stated one method, the Charter stated another. The recommended approach was to follow the Charter method. The Mayor appointed Karl Van Buskirk to the Port and Commerce Advisory Board. Motion (Clark/Orr) Confirming the appointment of Karl Van Buskirk to the Port and Commerce Advisory Board. Motion passed. Unanimous. I Seward City Council Retreat discussion City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35 Page 334 Janke explained that during one of the budget work sessions, Council Member Shafer recommended the Council hold a retreat to discuss long -term issues. Some of the issues for possible discussion could be: Revenue enhancements for the general fund and capital improvement projects. The possibility of redefining SMIC's mission, particularly the North Dock area. Reviewing and updating legislative priorities. A discussion of water, sewer, fire hydrant installation issues, particularly focusing on streamlining the building permit process to make it easier to build in Seward. Janke stated that the meeting would probably not take place until early in the new year, largely due to council member travel and holiday trips. After some discussion, the Council scheduled a full day meeting for Saturday February 3, 2001. Janke stated the Council should work with the Administration during upcoming council meetings to help develop a focus for the meeting, particularly if there was a need for any city documents. In response to Janke's comments, Blatchford stated he would like some discussion about the powers of a home rule city. Motion (Clark/Brossow) The City Administration should through a future council resolution name Brad Meyen as Responsi- ble, or Lead, Attorney for purposes of the City Charter and other requirement. Clark explained that with the upcoming bond sales for the harbor project there was a need to have more than one attorney involved with this project and this will allow bond council to focus on the bond sale and Meyen to focus on other city issues. Janke added that the City's normal contact with the law firm of Wohlforth, Vassar, Johnson & Brecht been through Brad Meyen. Motion passed. Unanimous. Informational Items and Reports Harbor Renovation Project Update October 13 - 27, 2000. City of Seward Purchases between $5,000 and $10,000 report. Janke suggested stopping these reports because they were redundant because by the time the Council saw the report the money had already been spent. The Administration already had the authority to spend money within this range. These reports took time for the finance report to produce, and were not required to be produced in this format for any entity other than the City Council. Motion (Clark/Calhoon) Directing the Administration to prepare an ordi- nance regarding 6.06.010, remove the requirement City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 335 that the finance department present reports on purchases between $5,000 and $10,000 to the Council. Motion passed. Unanimous. Kenai Peninsula Borough (KPB) ordinance amending KPB 5.12.080 and 5.12.190 changing the dates on which property taxes become delinquent, and the rates charged for penalty and interest on delinquent taxes. Council comments Clark congratulated Van Buskirk for his appointment to the Port and Commerce Advisory Board. Clark encouraged Van Buskirk to broaden the Board's discussion to discuss economic items in addition to issues that relate directly to the Seward Harbor. Shafer stated that in response to an inquiry she made after receiving a phone call earlier this evening she was informed that public dollars were not used to distribute a political advertisement mailer from the Chamber of Commerce. After some research Shafer learned that the person paid for the advertisement flyer themselves, not with public dollars. Calhoon stated that he would like some consideration given to add the Little League's request to the 2001 -2003 Capital Projects List. Calhoon Congratulated Van Buskirk on his appointment. Brossow congratulated Van Buskirk on his appointment and Assembly Member Long's assembly presentation to the Council. Brossow took the opportunity to thank all the veterans for the support they gave to our country and Brossow concluded his comments by encouraging everyone to vote tomorrow. Blatchford also encouraged everyone to show their appreciation to our veterans. Citizens' comments None. Council and administration response to citizens' comments Janke stated that earlier this morning he sent a request to Community Development to include the Little League request in the City's Capital Improvement Plan. Although the project would not be funded at this time, it would be identified as a project the City wished to accomplish. Adjournment The meeting was adjourned at 9:15 p.m. City of Seward, Alaska City Council Minutes November 6, 2000 Volume 35, Page 336 Patrick Reilly City Clerk Edgar Blatchford Mayor (City Seal) OF S �• ,.• Ek, .' • SEAL 1 . —0- City of Seward, Alaska City Council Minutes No vember 20 2000 Volume 35, Page 337 Call to order The November 20, 2000, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Mike Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager ' Rick Gifford, Director of Finance and Administrative Services Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent Michael Calhoon Stu Clark Jerry King Special orders, presentations and reports Borough Assembly Report. Ron Long, Borough Assembly Representative, Camelot, outlined the Agenda for the Assembly meeting the following night. He stated that he attended the AML Conference in Juneau and would be serving on the Resource Committee. City Manager's Report. -Janke listed the upcoming meetings including: November 21 Seward Boat Owners meeting in Anchorage to discuss the Harbor upgrades, November 22 Foreign Trade Meeting in Soldotna, and December 8 Economic Outlook Forum in Soldotna. Janke shared that an Economic Outlook Forum would be scheduled for Seward in late January or February. -Janke stated that the 2001 Draft Department Work Plans were distributed to Council. He suggested a work session to discuss and provide feedback to the Department Heads. -Janke shared that the Sales Tax 3rd Quarter Returns were up 2.33 %. This was a $740,000 increase in sales. City of Seward, Alaska City Council Minutes November 20, 2000 Volume 35 Page 338 -Janke updated the Council on the issues coming before the Planning Commission at their December 5th meeting. The issues included reviewing the parking plans for the Harbor, reviewing the plan to vacate Railway Avenue to create a pedestrian mall, reviewing the parking lot design plans for the Harbor, and addressing the request from Seward Ships Drydock to lease additional land. Janke stated that the next Comprehensive Plan Work Session was tentatively scheduled for December 13. He stated that the January Planning and Zoning meeting would include a discussion of the Jesse Lee Home, and plans for the park located at 4th and Adams. -Steve Homan, Special Projects Engineer, stated that the Corps of Engineer Permit had been obtained for the Japanese Creek Levee, and clarified that the City had one easement remaining. Homan stated that the Federal Agencies involved with the project had further questions, and that he was following up with their concerns. -Jim Beckham, Harbormaster, stated that a Pre -Bid Meeting for the Harbor Upgrade was held the preceding week, and that 28 interested parties attended. Beckham stated that Tryck Nyman Hayes had designated a Project Engineer and he would be introduced to the Council on December 11. Beckham updated the Council on the Harbor Plaza project. In response to a question from the Council, Beckham stated that the only significant change to the Harbor Upgrade project from the Pre - Bid Meeting was a simpler and cleaner wiring schedule for the floats. -Dave Calvert, Manager of Utilities and Engineering, updated the Council on the Fort Raymond generator project. He clarified that on December 15 the generator would be turned on. Janke and Calvert invited the Council to tour the facility. Other Reports, Announcements and Presentations. Prince William Sound Transporta- tion Plan was presented by: Jeff Ottesen, Statewide Planning Chief; Eric Taylor, Area Transportation Plans Coordinator; and Rex Young, Area Planner. Ottesen reviewed the three plan alternatives, and clarified that the preferred alternative did not include ferry service to Seward. The due date for comments on the plan was January 12, 2001. In response to a question from Brossow, Ottesen stated that travelers who boarded or departed from the ferry system in Whittier would have to coordinate their arrival time with openings of the Whittier Tunnel. Janke asked if there could be a clause requiring the ferries to have maintenance done in Seward, and was told that due to the type of ferry they have to have maintenance done outside of Alaska. Shafer voiced concerns that seats could not be reserved for Alaskans that used the ferry as the only mode of transportation in or out of their town. Ottesen stated that because federal funds were being used, the Department of Transportation could not give people preference based on their State of residence. Brossow inquired if the Department of Transportation realized they would be moving Seward's tourism market to Whitter. Ottesen answered that this was the case, but that only 2,500 people traveled to Seward on the ferry system, while 1.1 - 1.4 Million people traveled on the Seward Highway. Janke stated that the negative economic aspects to Seward were not studied in this plan, and they should have been. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. -None. City of Seward, Alaska City Council Minutes November 20, 2000 Volume 35, Page 339 I Approval of agenda and consent agenda Motion (ShaferBrossow) Approve the agenda and consent agenda. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -145 supporting the construction of the Kenai Peninsula Youth Facility. September 12, 2000 special meeting minutes and the October 23, 2000 regular meeting minutes. Certifying the November 7, 2000 special election. Public hearings Resolutions 2000 -135 thru 2000 -143 Calender Year 2001 Budget, consisting of the General Fund, Enterprise Funds, the Motor Pool Fund, and the Capital Budget. Janke stated he appreciated the long hours of work shops the Council participated in to complete the budget to add services but not raise taxes. Kris Erchinger, Controller, gave a brief overview ofthe budget. She highlighted: Fiscal Year changed to Calender Year; revenues were up 6.9 million dollars; the biggest increase was in Sales Taxes which were up 8 %; the contributions from Enterprise Funds were up 3 %, an increase in property tax of about 15 %; and that the Bed Tax contributed $200,000. Erchinger explained that basically the Electric Fund subsidized the General Fund. She highlighted some expenditures including: purchase of a loader and a grader; repairing the snow blower for clearing snow; $90,000 to the Chamber of Commerce; adding an employee to the City Shop; a full time MIS person; and $10,000 to get the City Networked and to add a City Website. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. Julie Turiainen, Chamber Director, Vinewood Lane and Cherrywood Lane, spoke in support of Chamber funding. She distributed a revised table of how the City's Contribution of $90,000 would be spent. Ron Long, Camelot, spoke in support of Chamber funding. No one else appeared to be heard and the public hearing was closed. Resolution 2000 -144 confirming the special assessment roll ofthe Special Improvement District providing for the levy, payment schedule and penalties of the Special Improvement District City of Seward, Alaska City Council Minutes November 20 2000 Volume 35, Page 340 described as: Seward Park Subdivision; Lots 1 -8, Block 2, Seward Park Phase 1, Lots 2 and 3, Block 3, and Lot 1, Block 4, Seward Park Phase 3, and Lot 9, Block 2, and Lot 12, Block 1, Seward Business Park Phase 4. 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 (Brossow /Shafer) Approve Resolution 2000 -144. Janke pointed out to the Council that the project was completed for $5,000 lower then expected. Motion Passed. Unanimous. Unfinished business Council Retreat Discussion. Janke stated that he wanted to move the Council Retreat from the Library basement to the Sea Life Center. New business Resolution 2000 -135, adopting the General Fund Operating budget for Calendar Year 2001. Motion (Orr/Brossow) Approve Resolution 2000 -135. In response to Blatchford's inquiry, Janke stated that Council had been working on this budget for two months and the staff had been working on the budget for three months. Janke stated that the Council was extremely familiar with the dollar breakdown in the budget, and that he felt comfortable that they could answer any questions from the public. Orr verified that the budget included the $90,000 requested by the Chamber. Motion Passed. Unanimous. Resolution 2000 -136 adopting the Parking Revenue Enterprise Fund budget for Calendar Year 2001. Motion (Orr /Shafer) Approve Resolution 2000 -136. Janke stated that budget in the packet was the same presented at the work session. Motion Passed. Unanimous. Resolution 2000 -137, adopting the Hospital Debt Service Fund budget for Calendar Year 2001. City of Seward, Alaska City Council Minutes November 20, 2000 Volume 35, Page 341 Motion (Brossow /Orr) Approve Resolution 2000 -137. Janke stated that this was the same budget presented at the work session. In response to Orr, Janke stated that the unpaid PERS was included in this budget. Motion Passed. Unanimous. Resolution 2000 -138, adopting the Motor Pool Internal Service Fund budget for Calendar Year 2001. Motion (Brossow /Shafer) Approve Resolution 2000 -138. Janke stated that this budget funded the Motor Pool replacement. Janke stated that this was the same budget presented at the work session. Motion Passed. Unanimous. Resolution 2000 -139, adopting the Water and Sewer Enterprise Fund budget for Calendar Year 2001. ' Motion (Brossow /Orr) Approve Resolution 2000 -139. Janke stated that the Enterprise Fund was paid for by user fees. Janke stated that this was the same budget presented at the work session. Janke clarified that less money was going into MRRF and that this fund was paying off the General Fund for a loan. Motion Passed. Unanimous. Resolution 2000 -140, adopting the Electrical Enterprise Fund budget for Calendar Year 2001. Motion (ShaferBrossow) Approve Resolution 2000 -140. Janke stated that this Fund transferred $300,000 into the General Fund. He clarified that this fund is also funded by fees. Janke shared with the public that while it might appear that they were rushing through the budget, the Council and staff had many long and detailed work sessions. Motion Passed. Unanimous. Resolution 2000 -141, adopting the Small Boat Harbor Enterprise Fund budget for Calendar Year 2001. ' Motion (OrrBrossow) Approve Resolution 2000 -141. Janke stated that this fund encompassed the area within the breakwater. He clarified that this budget was paid for by user fees. Janke stated that this budget was fiscally healthy now that SMIC had been removed. City of Seward, Alaska City Council Minutes November 20, 2000 Volume 35, Page 342 Motion Passed. Unanimous. Resolution 2000 -142, adopting the Seward Marine Industrial Center Enterprise Fund budget for Calendar Year 2001. Motion (Brossow /Shafer) Approve Resolution 2000 -142. Janke stated that this budget had been a burden on the General Fund. He pointed out that income from leases were lower because the property had been reassessed at a lower value. Motion Passed. Unanimous. Resolution 2000 -143, adopting the Seward Capital Improvement budget for Calendar Year 2001. Motion (ShaferBrossow) Approve Resolution 2000 -143. Janke stated that the Capital Improvement list was the same list presented at the work session, except that the request from Seward Little League was added. Janke explained that the items listed were not budgeted, but were identified so that grants could be accepted or these projects could be funded with surplus money. He asked the council to adopt this plan if they were comfortable that this list was consistent with the direction they wanted the City to pursue. Janke reminded the Council that items identified as having grant funding would need to return to Council to accept the grant funds. Shafer stated that any surplus money should be used to pay off the North Dock debt prior to funding some of these items. Motion Passed. Unanimous. Informational items and reports. Alice Picket Memorial Animal Shelter Transactions Report. Department Monthly Reports. Lobbyist Report. Economic Development District Economic Outlook Forum. Campground 14 Day Length -of -Stay Rule. Council comments Shafer reflected on the years of federal abuse and neglect Alaska had suffered, and compared the comments made during the Prince William Sound Transportation Plan to Alaska's long history City of Seward, Alaska City Council Minutes November 20 2000 Volume 35, Page 343 f' of second class treatment. She clarified that the residents of the communities served by the ferry should have precedence over tourists. Orr wished everyone a happy Thanksgiving. He stated that the Transportation Plan seemed to be trying to route people through a tunnel that needed to be paid for. He voiced support for the Chamber and pointed out that even more marketing was needed to keep tourists coming to Seward. Brossow echoed Orr in wishing everyone a happy Thanksgiving and reminded everyone to drive safely. He thanked the Department Heads in putting together a workable budget. Blatchford thanked the Council and staff on their hard work with the budget. He invited everyone to the tree lighting ceremony on Wednesday. Citizens' comments Dr. Matt Hall, Camelot, thanked the Council for supporting the Chamber of Commerce. 1 Jim Coleman, 609 5th Avenue, spoke in support of a Wage Classification Study for City employees. Council and administration response to citizens' comments Janke stated that the Administration had been fighting to have Seward stay on the ferry system for the last two years. He reiterated his concerns that a negative impact analysis was not part of the planning process. Janke stated that because of economic factors the ferry would probably not stay in Seward. He clarified that the City would continue to work hard to see the ferry service remain. Janke thanked the Council for their time and effort on the budget. In response to Brossow, Janke stated that the Council's response to the Forest Service Plan had been distributed to the right places. Blatchford stated that the City needed to fight to keep the ferries here in Seward. t Adjournment The meeting wa- .adioumed at 9:04. Christy T Assistar}'t City Clem S( / 90 to Illy *. - of: SE y,'rd (City eat) ,�.` ,� . , ..••... %� V \'•G OR ��rtc" s � Ja r, ill ® • '. +yam w a. /�-4,74-f --,� Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes December 11 2000 Volume 35, Page 344 Call to order The December 11, 2000, 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 Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent Jerry King, Nathan Orr Special orders, presentations and reports Proclamations and Awards. An Alaska Municipal League /Joint Insurance Association plaque was presented to Chief Chapman in recognition of no insurance losses for the period of December 1, 1995 to June 30, 2000 for the Law Enforcement Liability Pool. Borough Assembly Report. Assembly Member Ron Long updated council members on recent assembly activities and the Economic Development Forum that was held in Soldotna on December 8. City Manager's Report. Parks and Recreation Director Karin Sturdy gave an update on the 2001 Boy Scout Jamboree scheduled in Seward. Sturdy updated the Council with the information that it might be possible for a rock climbing wall to be installed at the Alaska Vocational Technical Center in time for the Jamboree meeting this summer. Sturdy then outlined some possible community service projects the Boy Scouts might contribute to. One of the potential projects included work on improving the trails in the vicinity of Two Lakes Park. Janke reported on the following items of interest: City of Seward, Alaska City Council Minutes December 11, 2000 Volume 35, Page 345 -Janke attended, along with a number of council members and other members of the Seward Community, the Economic Development District Forum that was held in Soldotna this past Friday, and noted that Mayor Blatchford gave a very good speech at the event. -The Planning and Zoning Commission had a well attended public hearing concerning the vacation of Railway Avenue in conjunction with the Multi -Use Facility land transaction, with the vast majority of the testimony opposed to vacating Railway Avenue. -The Port and Commerce Advisory Board ( PACAB) passed a resolution in opposition to establishing a protection zone for the Stellar Sea Lion habitat. PACAB also approved a resolution recommending the City Council support the Alaska Highway as the preferred route for the proposed natural gas pipeline. - Senator Torgerson was assisting with identifying funding sources to help Seward Job Service move out of the upstairs floor of City Hall. The move was anticipated to take place around April or May. -Janke introduced Tryck Nyman Hayes, Inc. employee John Daley, who was working with the City to assist in the project management of the Small Boat Harbor Construction. Daley then updated the Council on the status of the Harbor construction project. -City Engineer Steve Hohman updated the Council on the Japanese Creek Levee Project. - Engineering and Utilities Manager Dave Calvert updated the Council on the new generator that was installed in Forest Acres and stated the facility will be up and running within a week. -Janke reminded the Council that the Qutekcak Shellfish Hatchery continued to have permitting problems with the State of Alaska's Department of Fish and Game. The City's law firm was working on an amicus brief to assist with an appeal of an administrative decision that, if it was to be upheld, would be adverse to Qutekcak's and the City's interest. -The award of a bid to Swalling Construction Co. was delayed in order to hold a work session tomorrow, and a special meeting on Thursday, to discuss the Harbor project prior to awarding the bid. -In response to a question from Shafer, Janke stated he received a request from an Army Colonel in Anchorage to support enhanced recreational opportunities in Seward in the vicinity of the army recreation camp. City Attorney's Report. City Attorney Brad Meyen informed the council that the law firm had been working on issues related to easements and contracts surrounding the Japanese Creek and Harbor construction projects, with a particular focus on finalizing the harbor bond closing documents in preparation for the bond closing that will be held next week in Seattle. 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. None. Motion (Clark/Brossow) Approve the agenda and consent agenda. ' Without objection from the Council, Janke removed Resolution 2000 -159 from the consent agenda in order to make an amendment to the contract language. City of Seward, Alaska City Council Minutes December 11, 2000 Volume 35, Page 346 Motion passed Unanimous. The Clerk read the following approved consent agenda items: Resolution 2000 -146, approving an amendment to the legal services agreement with Wohlforth, Vassar, Johnson & Brecht, designating Brad Meyen as the city's lead attorney for purposes of the City Charter and other requirements. Resolution 2000 -152, amending a contract with Robertson, Monagle & Eastaugh and Zane & Associates to extend the term for federal lobbying representation through December 31, 2001. Resolution 2000 -153, approving amendment 12 to the contract with Kent Dawson Company, Inc., for state lobbying services through December 31, 2001. Resolution 2000 -154, authorizing the City Manager, effective January 1, 2001, to rename the Heavy Equipment Mechanic/Machinist Position to Senior Mechanic/Machinist and reclassify the position from a range 15.5 to a range 17.5. Resolution 2000 -155, appropriating $22,000 to the City -Wide Networking and Web Page projects. Approval of the November 6 special and regular meeting minutes and the November 20 regular meeting minutes. Appointing Council Member Stu Clark to serve on the Seward National Scenic Byway Corridor. Cancellation of the December 25, 2000, City Council Meeting. Public hearings None. Unfinished business None. New business Ordinances for Introduction Ordinance 2000 -18, amending Seward City Code, Chapter 6.05.010, deleting the requirement for City Manager to provide the City Council information for purchases between $5,000 and $10,000. Motion (Clark/Calhoon) Introduce Ordinance 2000 -18 and set a public hearing for the January 8, 2001 meeting. Janke explained that the report under consideration for elimination was a time consuming report that was currently required by the City Code, and there seemed to be no real need for this report. City of Seward, Alaska City Council Minutes December 11, 2000 Volume 35, Page 347 Motion passed. Unanimous. Ordinance 2000 -19, amending the Seward City Code, amending the Land Use Plan and Zoning Designation of Alaska Land Survey 72 -35 from Resource Management to Single - Family Residential. Motion (ClarkBrossow) Introduce Ordinance 2000 -19, and set a public hearing for the January 8, 2001 meeting. Planning Technician Rachel James explained that Robert and Patricia Linville were submitting the application to amend the Land Use Plan and Zoning Designation from Resource Management to Single - Family Residential. The Linville's were required by the Planning and Zoning Commission to apply for the requested Land Use Plan and Zoning amendment as a condition of the plat in order for the combined new lot that they are in the process of replatting to have a single zoning designation. Motion passed. Unanimous. Resolutions Resolution 2000 -148, authorizing the City Manager to enter into an agreement with Chugach Electric Association (CEA) to purchase wholesale electrical power from CEA until the expiration date of January 31, 2006. Motion (Brossow /Shafer) Approve Resolution 2000 -148 City Engineer and Manager of Utilities, Dave Calvert, explained that the City had negotiated an agreement to renew a contract with Chugach Electric Association to purchase wholesale power from Chugach Electric Association. Calvert explained that the agreement was similar to the City's current agreement, except for a provision that was added to require any purchaser of the City's Utility would need to purchase power through this proposed contract until the contract expires. Motion passed. Unanimous. Resolution 2000 -149, authorizing the City Manager to enter into an agreement with the Alaska Industrial Development and Export Authority to pay 1.678 percent of the funding to complete the environmental impact statement (EIS) for the new Intertie from Anchorage to the Kenai Peninsula (Southern Intertie), with the initial cost to the City of Seward of $26,848, and with the possibility of an additional $41,950 being required to complete the Southern Intertie EIS. Motion (CalhoonBrossow) Approve Resolution 2000 -149 Calvert explained that around 1993 the Alaska Legislature authorized approximately 100 million dollars for Northern and Soutern Interties to the rail belt utilities. 50 million was allocated for the Southern Intertie and 50 million for the Northern Intertie. There were six utility companies City of Seward, Alaska City Council Minutes December 11, 2000 Volume 35 PaRe 348 interested in building the Southern Intertie to increase the reliability of electricity to the Kenai Peninsula. In response to questions from council members, Calvert explained the history of the project and concluded by recommending approval of the agreement. Motion passed. Unanimous. Resolution 2000 -150, authorizing the City Manager to purchase a Volvo L-90D Loader with attachments for $174,500; a Champion 740 AVHP -6 Motor Grader, with equipment, for $183 and a 24 ft. trailer for $15,000; all units to be purchased from Construction Machinery, Inc. for a total price of $373,044. Initial funding to be from a loan from the Electric Department Retained Earnings, account 501- 0000 -3070 -0101, with that money expected to be repaid through tax - exempt financing to be arranged by the finance department within the next 6 months and appropriating $2,000 from the General Fund Balance account 101 - 000 -3050 to the General Fund Debt Service Principal, account 101- 1910 -5810, effective January 1, 2001. Motion (Clark/Brossow) Approve Resolution 2000 -150 Janke explained that the items identified in Resolution 2000 -150 were discussed during the budget process. During the last couple of months it became apparent that an additional $2,000 more per year during the financing period was needed from the General Fund because the price was slightly higher than anticipated. In response to a question from Clark, Calvert stated that a recommendation to purchase a Volvo was the recommendation from the City Shop. Shafer expressed her pleasure in seeing that the alleys, through the use of this new loader, would now be cleared more efficiently. Motion passed. Unanimous. Resolution 2000 -151, approving the systems manager position for the City's Management Information Systems at pay range 22 within the City's pay classification plan. Motion (Clark/Shafer) Approve Resolution 2000 -151 Janke reminded the Council that during the budget cycle the Council concluded that it was more efficient to hire in -house for a Management Information System employee rather than continuing this service by contract labor. In response to a question from Blatchford, Janke stated the position was similar to one that was currently in the City of Homer. Clark, noting that this was a field he retired from prior to coming to Seward, expressed concern that the pay scale was not sufficient to find a competent employee at this level and suggested paying this position at about $10,000 higher than proposed. Brossow spoke in opposition to Clark's recommendation, stating somebody might be willing to move to Seward for the quality of life rather than to earn a higher salary in another community City of Seward, Alaska City Council Minutes December 11 2000 Volume 35, Page 349 Shafer also expressed concern about the salary range, principally because of four year experience requirement. Motion passed. Unanimous. Resolution 2000 -156 authorizing the City Manager to enter into a contract with Nye Frontier Ford for the purchase of two police patrol vehicles and appropriating funds not to exceed $47,712.90. Motion (Calhoon /Shafer) Approve Resolution 2000 -156 Janke explained the need for the Council to purchase two police patrol vehicles. In response to a question from Clark, Police Chief Michael Chapman stated that it was the Police Department's goal to have a mixed fleet of vehicles, including Ford Explorers. The proposed Ford Explorers were good four wheel drive vehicles for the Department, and these vehicles should handle winter driving better than the City's current vehicles. Calhoon stated, based on his experience with law enforcement, he understood that some of the City's vehicles are clearly ready for replacement. In response to a question from Calhoon, Chapman stated that the Park Service had a Ford Explorer and some of the officers looked at this car and were satisfied with the inspection. Shafer expressed concern that the proposed new vehicles might not be very stable, particularly in the event of a high speed chase. Chapman responded by stating he was not concerned about the stability of the proposed vehicles because they would be used mostly for traveling on the tough winter roads rather than high -speed chases. In a community like Seward, where officers know most of the community, police officers are encouraged not to engage in a dangerous high -speed pursuit, but rather, apprehend the suspect later. Motion passed. Unanimous. Resolution 2000 -157, authorizing the City Manager to enter into a contract with Alaska Environmental & Safety Supply, Inc, for the purchase and installation of police emergency equipment on two model year 2001 Ford Explorers, the cost not to exceed $11,398.70. Motion (Brossow /Calhoon) Approve Resolution 2000 -157 Janke explained that approval of this resolution will equip both vehicles that were just approved with Resolution 2000 -156 with the proper equipment. Chief Chapman explained for the Council what equipment was proposed for installation into the new police vehicles. Motion passed. Unanimous. Resolution 2000 -158, authorizing the City Manager to enter into a gravel extraction agreement with Albert Shafer to reimburse him for approximately 40,000 cubic yards of gravel at a rate of $0.50 /cu. yd. to be used for the construction of the extension of the Japanese Creek Levee, with money available from account 666 - 6661 -5930. City of Seward, Alaska City Council Minutes December 11 2000 Volume 35, Page 350 Motion (Clark/Calhoon) Approve Resolution 2000 -158 In response to a question from Blatchford, Janke stated that this resolution is the outcome of an agreement with Shafer in exchange for an easement along Japanese Creek. In response to a question from Brossow, Janke explained that as a result of a title search the Department of Natural Resources (DNR) raised a claim that Japanese Creek may be a navigable stream, in which case it. would be the property of the State of Alaska. Shafer's attorney sent a letter to the City stating the land was owned by Shafer and the City was satisfied with this position. Janke explained that DNR had an unusual definition of what was a navigable stream. Janke added that the City Attorney was comfortable with approval of this resolution, regardless of potential navigable stream claims. The City was taking a neutral position, and if there was to be any dispute of ownership, it would be between Shafer and DNR. In response to a question from Clark, Janke responded that one of the definitions of a navigable stream was based on the ability for a stream to float a ten foot rubber raft with a thousand pounds on board. The Clerk noted some technical amendments that would be added to the Resolution at the suggestion of City Attorney Cheryl Brooking. Motion passed. Unanimous. Resolution 2000 -159, extending a contract for two years with Merritt Enterprises for custodial services at the Teen and Youth Center, the Alaska Vocational Technical and Educational Center, the Harbor Building, the National Park Service site restrooms and the Northeast launch ramp restrooms. Without any objection from the Council, Janke amended the proposed contract by adding a new section D to read: Amendments to the contract can be negotiated by the two parties. Amendments related to compensation shall be subject to city council approval. Motion (Clark/Calhoon) Approve Resolution 2000 -159. Motion passed. Unanimous. Informational items and reports (No action required) A. Harbor Renovation Project Update November 13 - 27. B. Seward Alice Pickett Memorial Animal Shelter November 2000 Report. Council comments Clark, noting he was wearing a red tie in anticipation of the upcoming holiday season, said he was happy to return from his trip Outside over the Thanksgiving period, and wished everyone a happy holiday season. City of Seward, Alaska City Council Minutes December 11, 2000 Volume 35, Page 351 Shafer wished everyone a Merry Christmas and a Happy New Year and thanked all of the City employees for their hard work, noting she had seen the hard work in the City's road crews and police department, as well as all the other city departments. Calhoon wished everyone a safe and happy holiday season, and thanked Ron Long on his consistent and informative assembly reports. Brossow also wished everyone a safe and happy holiday. Brossow congratulated the Bear Creek Fire Department for their Emergency Services Award and Chief Chapman for the Department's Alaska Municipal League's Joint Insurance Association award. Blatchford noted that the City's proposed emergency preparedness management plan was in the Clerk's office for public review. Blatchford also noted that Sandra Wassillie applied for the school board vacancy, a vacancy that was being created because one of the school board members was just elected to the state legislature. Citizens' comments Jim Colman, 609 Fourth Avenue, spoke in favor of the City doing a wage classification study, emphasizing that wage issues surfaced when discussing two resolutions during the current meeting and it will continue to be an issue until a wage classification study is performed. Council and administration response to citizens' comments Janke thanked all of the city employees for their outstanding job performance throughout the entire year. He commended the City Council for an extremely successful year particularly considering the extreme conditions such as the avalanches that occurred earlier in the year. The incredibly productive and busy year included a very successful push with the legislature to support the Alaska Vocational Technical Center's facilities, including the implementation of the new marine piloting facility. Clark, and the whole council, thanked Janke for all of the work the City Manager had done throughout the year. Calhoon spoke in favor of doing a wage classification study to make sure that the City was appropriately compensating its employees. Adjournment: The meeting was adjourned at 9:25 p.m. 000 �L. Patrick Reilly Edgar Blatchford City Clerk ,00, OF S � ,4 � Mayor .y (City Seal) �` G� ��pW O/q,�� . i�AT • _ S Li �11j •• - s • 0 4 4 . 0 Z 1'M 49r OF xto !— f.�`� City of Seward, Alaska December 14, 2000 City Council Minutes Volume 35, Page 352 Call to order The December 14, 2000, special meeting of the Seward City Council was called to order at 7:00 p.m. by Stu Clark. Opening ceremony The pledge of allegiance to the flag was recited. Roll call There were present: Stu Clark, presiding and Michael Calhoon Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk Absent were: Edgar Blatchford, David Brossow and Jerry King Citizens' comments on agenda items not scheduled for public hearing Jim Colman, 609 Fourth Avenue, on behalf the Seward Boat Owner's Association, commended the City Council for its work at the recent work session regarding harbor funding. Colman also appreciated the Council's understanding that the Harbor was a major city asset. Motion (Calhoon /Shafer) Approve the Special Meeting Agenda. Motion Passed. Unanimous. New business Resolution 2000 -147, authorizing a contract with Swalling Construction, Co. in the amount of $2,626,720 to complete the Seward Small Boat Harbor Repair Ahd ,Renovation Capital Project, authorizing the City Manager to enter into an.agreemeut for construction services, and approving the budget for the Project. Motion (Orr /Calhoon) Approve Resolution 2000 -147, r City of Seward, Alaska December 14, 2000 City Council Minutes Volume 35, Page 353 Janke explained that the funding sources, which included $255,780 from the Electric Utility NPvIRRF Fund, $350,000 from the Harbor Retained Earnings Fund, and $255,780 from the General Fund Fund Balance, were some of the funding sources identified in Tuesday's city council work session. Motion passed. Unanimous. Council comments None. 1 Citizens' comments Carol Chaudiere, 1129 Park Place, inquired about a date for completion of the harbor project. In response Janke explained that the document that was approved tonight was not the actual contract, but merely gave authorization to sign the contract and appropriating money for the project. Janke explained that the completion date was May 1, 2001, and after that date a liquidated damages clause takes effect in the event the contract was not completed. Council and administrative response to citizens' comments None. Adjournment The meeting was adjourned at 7:10 p.m. Patrick Reilly City Clerk (City I%,% 0 SFy,4�i G��ppPO'''• •: SEM • Edgar Blatchford Mayor � • �'�' f i b r`