HomeMy WebLinkAbout1977 City Council Minutes
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C CLERK:
C MANAGER:
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LOC ORGS:
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PAGE 1
SPECIAL MEETING - JANUARY 5, 1977
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council was called to order
at 7:30 p,m, by Mayor Neve',
II.
OPENING CEREMONY:
Neve' led the pledge of allegiance to the flag,
III.
ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin,
Mott, Oldow and Vincent
Present also: Deputy City Clerk-Treasurer Shanley
EXECUTIVE SESSION: An executive session was held from 7:32 p.m. to 8:00 p,m.
in order to discuss the City Manager and City Clerk-Treasurer
positions,
IV,
SPECIAL ITEMS:
A, Neve' read in full December 29, 1976, letter from Deputy
City Clerk-Treasurer Shanley requesting to be considered for the City Clerk-
Treasurer position and commented favorably on the past performance of the
Deputy Clerk, Following discussion, it was moved by Hugli, seconded by Gillespie
and carried as follows to hire JoAnne Shanley as City Clerk-Treasurer:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Martin, Neve', Oldow and Vincent
Mott
None
Neve' stated, for the audience's benefit, that during the
executive session Council had discussed the hiring of a new City Manager
immediately due to the critical pending items which needed administrative
attention. He further stated Mr. C. E. Johnson of Kenai, presently Kenai
Peninsula Borough Assembly President, had been the applicant most seriously
considered. Following discussion, it was moved by Oldow, seconded by Hugli
and unanimously carried to appoint Mr. Johnson as City Manager, effective
as soon as he could arrive. In further discussion, Neve', with Council
consent, stated that Mr, Johnson's performance would be reviewed in three
months and that Council hoped Mr, Filip would remain until January 28 to
assist in the transition phase.
B. City Clerk-Treasurer distributed letter dated January 5, 1977,
from Senior Citizens' Project Director Blankenship regarding submittal of
a preapplication for community block grant funds for the construction/purchase
of a multi-purpose center, City Clerk further explained that Council authorization
of the City Manager's signature on the preapplication form in no way obligated
the City to donate funds to the project. Following discussion, it was moved by
Oldow, seconded by Mott and unanimously carried to approve the City Manager's
signature on the preapplication form,
V.
ADJOURNMENT:
~~ting was
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adjourned at 8:10 p,m,
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Richard A, Neve' - Mayor
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PAGE 2
REGULAR MEETING - JANUARY 10, 1977
VOLUME 18
1.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:30 p.m, by Vice Mayor Hugli.
II,
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag,
III, ROLL CALL:
Present were: Vice Mayor Hugli; Councilmembers Gillespie, Martin,
Mott, Oldow and Vincent (Absent, with Council consent,
was Mayor Neve')
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
Hugli introduced new City Manager Johnny Johnson and Johnson took the oath
of office.
PROC:
PROCLAMATION: City Clerk read in full proclamation declaring Sunday,
January 16, 1977, as World Religion Day, as requested by
the Bahai's of Seward,
Councilmember Gillespie arrived at this time.
IV,
APPROVAL OF MINUTES:
It was moved by Martin, seconded by Oldow and unanimously carried
by all those present to approve the minutes of December 27, 1976, and January
5, 1977, as written,
V,
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
IX. Ordinances and Resolutions: B, Resolutions:
3, Resolution confirming the appointment of C.E, Johnson as
City Manager
4, Resolution authorizing signatures on City bank accounts
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XI. New Business:
B. Letter and resolution from City of Homer supporting appointment
of a Borough employee to work with the municipalities on the
Coastal Energy Impact Program
C. First National Bank of Anchorage letter of January 11, 1977,
requesting lease assignment on the Fish House, Lot 1, Block 1,
Marina Subdivision
City Manager, with Council consent, requested removal of consent calendar
item 1. regarding audit services and item 6, regarding petroleum products
and tires, tubes and batteries bids in order to re-evaluate them in more
detail,
Following discussion, it was moved by Mott, seconded by Oldow and unanimously
carried by all those present to approve the consent calendar and regular meeting
agenda as amended and the following actions were taken:
ABCB:
1. Dorothy's Cocktail Lounge liquor license renewal
application dated December 22, 1976, was filed
without objection,
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ABCB:
2. Mini Mall Stop-In's liquor license renewal appli-
cation dated December 22, 1976, was filed without
objection.
CZM:
3. Department of Community and Regional Affairs'
letter of December 30, 1976, confirming Seward's
interest in EDA planning strategy grant funds was
filed.
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PAGE 3
REGULAR MEETING - JANUARY 10, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
BIDS/PUR AGENT:
P & Z:
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WATER DEPT:
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SCHOOLS:
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4, City Manager's memo of January 5, 1977,
recommending award of vending machines
services for the City to Seward Vending
Company and towing services to Ron's Auto
Service was approved,
5, Department of Natural Resources' letter of
December 22, 1976, regarding Statehood Act
land selection program was noted, The Planning
and Zoning Commission was directed to submit
a recommendation for Council consideration,
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Oldow gave Kenai Peninsula Borough Assembly report
for January 4, 1977.
VII. PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard,
IX.
ORDINANCES AND RESOLUTIONS:
A, Ordinances for First Reading (and Adoption):
1, City Clerk read by title proposed water ordinance as follows:
An Ordinance Relating to Water Rates,
Creating City Code Section 22-11
Dick Kirkpatrick, Dale Lindsey and Herman Leirer appeared and spoke against
the City charging differential rates to various users, i.e, the off shore oil
vessels as compared to Seward Fisheries' metered rate, Gillespie stated the
Council had drawn a distinction in the ordinance between water being consumed
in the Seward area and water being transported for use out of the Seward area.
Mott confirmed the ordinance represented an interim measure only until the
City Engineer could develop a total water revenue plan, at which time all the
water rates would be reviewed and possibly escalated, Hugli explained subsection
"D" referred to ships moored at the Fourth Avenue and Alaska Railroad docks. In
answer to a statement from Kirkpatrick, Public Works Superintendent Albertson
stated the City Code prohibited consumers from reselling water, with the possibility
of making a profit. Hugli stated the new rates were still under those of most
other municipalities, even considering the increase. Following discussion, it was
moved by Gillespie, seconded by Oldow and unanimously carried by all those present
to adopt Ordinance No. 430, to take effect immediately,
B. Resolutions:
1, City Clerk read by title proposed resolution supporting the
Borough school bond issue as follows:
A Resolution Supporting the January 25,
1977, Bond Issue for Kenai Peninsula Borough
School Construction
Mr. McAllister, Borough Assembly representative from Soldotna, appeared and
spoke in support of the resolution, Gillespie and Vincent commented unfavorably
on the amount for the Anchor Point classrooms, Following discussion, it was
moved by Oldow, seconded by Mott and carried as follows to approve Resolution No.
n-l:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Martin, Mott and Oldow
Vincent
Neve'
Il:
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REGULAR MEETING - JANUARY 10, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B, Resolutions: (cont'd)
A RAILROAD: 2. City Clerk read by title proposed resolution supporting a
Seward freight tariff as follows:
A Resolution Requesting Pacific Alaska
Lines to Establish a Seward Freight Tariff
It was moved by Mott, seconded by Oldow and unanimously carried by all those
present to approve Resolution No, 77-2.
C MANAGER: 3. City Clerk read by title resolution regarding the City
Manager's position as follows:
A Resolution Confirming the Appointment
of Clarence E, Johnson as City Manager
It was moved by Oldow, seconded by Mott and unanimously carried by all those
present to approve Resolution No. 77-3.
COMPTROLLER: 4. City Clerk read by title resolution authorizing signatures
on City accounts as follows:
A Resolution Authorizing Signatures for
City Bank Accounts and Rescinding All
Previous Resolutions in Conflict Herewith
It was moved by Mott, seconded by Martin and unanimously carried by all those
present to approve Resolution No. 77-4.
X.
UNFINISHED BUSINESS:
o TOWNSITE: A. City Engineer's memo of December 22, 1976, with attachments,
regarding the Lot One, Block 16, Original Townsite (Sieminski/Werner - Western
Auto) encroachment and drainage problems was noted, In answer to a question
from Mott, Sieminski appeared and stated the agreement had been forwarded to
his attorney for revision before signing. City Clerk read in full telephone
message from City Attorney Jacobus, dated January 10, 1977, recommending the
City hold to the agreement as originally presented. Following discussion,
Hugli asked Sieminski to contact his attorney and request the agreement be
signed before the next Council meeting.
FOREST ACRES: B. Hugli, with Council consent, requested that discussion of the
Methodist Women's letter regarding property for sale be held over until
Mayor Neve' could be present for discussion,
XI.
NEW BUSINESS:
MARINA SUB: A. The following items were noted as to request for lease assign-
ments on Marina Subdivision lots from John Smith to Marilyn Plymire:
Letter dated December 24, 1977, from Plymire
requesting Council approval of the lease
assignments
"Assignment of Sub-Lease" on Lot 3, Block One,
Marina Subdivision
"Assignment of Lease" on Lots 7 and 8, Block
One, Marina Subdivision
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In answer to a question, City Clerk noted the City Attorney had been contacted
and had advised Council to approve the request, with a written statement approving
the legal aspects of the documents to be forthcoming, Following discussion,
it was moved by Mott, seconded by Oldow and unanimously carried by all those
present to approve the lease assignments from Smith to Plymire,
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REGULAR MEETING - JANUARY 10, 1977
VOLUME 18
XI,
NEW BUSINESS:
(cont'd)
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B. Oldow distributed resolution and letter from City of Homer, dated
December 13 and 15, 1976, respectively, requesting a Borough staff member be
appointed for the specific purpose of assisting the municipalities with the
Coastal Energy Impact Program, Oldow asked if Council agreed with the proposal
or preferred to support funding of a staff member physically located in Seward,
City Manager spoke in support of and answered questions on the proposal and
stated if Council approvEU the Borough staff member proposal it in no way
precluded the City from acting on its own in trying to obtain Federal and State
funding for outer Continental Shelf development planning, Following discussion,
Hugli, with Council consent, continued discussion of the matter to the meeting
of January 24.
CZM:
MARINA SUB:
C, Letter dated January 11, 1977, from Manager Stringer of the First
National Bank of Anchorage, Seward Branch, was distributed. Hugli explained
a lease assignment from the present lease holder, Dale Clemens, to the bank
was requested on Lot One, Block One, Marina Subdivision, in order to meet loan
requirements for construction of a proposed addition. Following discussion, it
was moved by Mott, seconded by Oldow and unanimously carried by all those present
to approve the lease assignment from Dale Clemens to the First National Bank of
Anchorage, as requested.
XII, CITY MANAGER REPORTS: None
XIII.
COUNCIL DISCUSSION:
PERSONNEL: A. Vincent asked the City Clerk to compile a list of the attendance
records of City employees by the January 24 meeting,
LOWELL
POINT AREA:
January 24
before the
Point area
B. Vincent asked that the subject of annexation be placed on the
agenda in order for Council to make their feelings clear to the public
Local Boundary Commission again scheduled a hearing on the Lowell
annexation petition, as filed by the City in 1976,
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ELECTRIC DEPT: C, Martin asked the status of the Chugach Electric Association contract
and Hugli replied that a draft contract should be forthcoming in the next few weeks.
D, Mott asked the City Clerk to designate a place for the Junior Mayor's
comments on the agenda.
TV: E. Mott asked the status of Council's earlier request to have the
City Attorney investigate a possible mandatory fee ordinance for television
service. City Clerk stated to date no information had been received from
the City Attorney's office and the City Manager confirmed he would investigate
the matter.
A RAILROAD: F, Hugli, with Council consent, asked the City Manager to meet with
Dick Kirkpatrick of The Alaska Railroad regarding the Railroad's plans, as stated
by Kirkpatrick earlier in the meeting, to put in an additional water line to the
Railroad dock to better service the off shore oil vessels and to report any
findings to the Council.
XIV, CITIZENS' DISCUSSION:
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A. Dorothy Herin and Michael Mooter appeared and spoke on the delay
in Council taking action on claims submitted for damage allegedly incurred
due to recent electrical outages and fluctuations. Hugli commented on the
City Attorney's opinion that the City was not liable for such damages and further
stated the item would appear on the January 24 agenda for discussion and action,
Mooter asked if a person living in the City limits could install a generator
for electrical power for personal use and City Engineer Lowman stated he would
have the answer by the next meeting,
C ATTORNEY:
B. Herman Leirer appeared and spoke in support of a long term
for new City Manager Johnson and warned the Council against overburdening
him with excessive paper work.
WATER DEPT: C, Dale Lindsey appeared and spoke in support of the Council
discussing the water needs of Dresser Industries with the company in advance
of the dock facility construction in order to be prepared for the increased
demand on the City's water system.
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REGULAR MEETING - JANUARY 10, 1977
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
OCS DEVELOPMENT:
D. Dick Kirkpatrick appeared and spoke on the recent publication
compiled for the Department of Community and Regional Affairs entitled
"Marine Service Base for Offshore Oil Development" and noted the document
neglected to refer to Seward.
HARBOR COMSN: E. Harbor Commissioner Seaton appeared and stated four positions
for the Harbor Commission would soon be up for Council consideration. Planning
and Zoning Commissioner Leirer stated three positions would also be vacated
on that Commission in the near future, Gillespie recommended the vacancies
be noticed in the paper in order to encourage public interest.
XV.
ADJOURNMENT:
The meeting was adjourned at 9:15 p,m.
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J ne E. Shanley
City Clerk-Treasurer
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Raymond I/. Hugli ~
Vice Mayor
(City Seal)
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PAGE 6
REGULAR MEETING - JANUARY 24, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:30 p,m, by Mayor Neve'.
II,
OPENING CEREMONY:
Councilmember Hugli led the pledge of allegiance to the flag,
III. ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin
and Mott (Absent, with Council consent, were Oldow
and Vincent)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
PROCLAMATIONS:
PROC:
Neve' read in full "National FHA-HERO Week" proclamation designa-
ting February 6-12, 1977, as national Future Homemakers of America and Home
Economics and Related Occupations week, It was moved by Mott, seconded by
Hugli and unanimously carried by all those present to proclaim February 6-
12 as national FHA-HERO Week,
PROC:
Neve' read in full "Heart Month" proclamation designating the month
of February as Heart Month within the municipality. It was moved by Mott,
seconded by Martin and unanimously carried by all those present to proclaim
February as Heart Month,
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IV,
APPROVAL OF MINUTES:
It was moved by Hugli, seconded by Mott and unanimously carried by
all those present to approve the minutes of January 10, 1977, as written,
PAGE 7
REGULAR MEETING - JANUARY 24, 1977
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VOLUME 18
V,
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following changes were made to the regular meeting agenda:
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VIII, Citizens' Discussion: (to follow V,)
B, Attorney Richard Gantz's presentation regarding
City legal counsel
XIV. Council Discussion:
B, City employees' attendance record deleted
Following discussion, it was moved by Mott, seconded by Hugli and unanimously
carried by all those present to approve the consent calendar as presented and
the regular meeting agenda as amended and the following actions were taken:
COMPTROLLER:
1. "Accounts Payable - December, 1976" report submitted by
Comptroller Baugh, was filed,
BUDGET:
2. "Budget Report" as of December 31, 1976, submitted by
Comptroller Baugh, was filed,
ABCB:
3. Tony's Bar and Liquor Store liquor licenses renewal application,
dated January 5, 1977, was filed without objection,
CZM:
4. Mayor Neve's letter dated January 18, 1977, to Borough Mayor
Gilman supporting Horner resolution regarding Borough staff
assistance to local municipalities regarding Coastal Energy
Impact Program, was filed,
ABCB:
5, Flamingo Lounge liquor license renewal application, dated
January 17, 1977, and notice of transfer of corporate stock
from ChappeRto Norman, dated January 11,1977, were filed
without objection,
COM EVENTS:
6,
Sacred Heart Parish application to Alaska Department of Revenue
for authorized games of chance and skill was noted and the
Mayor was authorized to affix his signature to the application,
ISP
KPB:
7. "Seward Demographic Profile" received January 19, 1977, was filed,
VII I.
CITIZENS' DISCUSSION:
(Taken out of order by Mayor, with Council consent)
A RAILROAD: A, Messrs, Allen and Dorsey, Assistant Manager and General Manager,
respectively, of The Alaska Railroad, appeared and spoke and answered questions
on the problems of instituting Resolution No, 77-2 adopted by the City Council
regarding the establishment of a freight tariff for Seward by Pacific Alaska
Lines of Portland. Allen also stated that rates had been recently set for
retrograde shipments. Following discussion, Neve' requested Allen submit a
written report further explaining the conflict of dual jurisdiction relating
to the requested freight tariff as well as additional information on retro-
grade shipments.
C ATTORNEY: B. Attorney Richard Gantz of Hughes, Thorsness, Gantz, Powell and
Brundin appeared and presented the law firm's proposal to meet the legal needs
of the City, Following discussion, Neve', with Council consent, stated an
executive session would follow the regular order of business, at which time
a decision would be made on the City's legal counsel,
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VI.
BOROUGH ASSEMBLY REPORT:
Borough Assemblyman McCloud appeared and gave Kenai Peninsula
Borough Assembly report for January 18, 1977,
VII,
PUBLIC HEARINGS: None
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PAGE 8
REGULAR MEETING - JANUARY 24, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
A, Ordinances for First Reading:
STREETS:
1, City Clerk read in full proposed Ordinance No. 431 entitled:
An Ordinance Relating to Streets and Sidewalks,
Amending Section 19-1 of the Seward City Code
City Council minute order from September 27, 1971, directing such an ordinance
be drawn, was noted, It was moved by Mott, seconded by Martin and unanimously
carried by all those present to pass Ordinance No. 431 to second reading.
B. Resolutions:
CENSUS:
1. City Clerk read in full proposed Resolution No. 77-5 entitled:
A Resolution Setting Forth Official Population
of the City of Seward
Kenai Peninsula Borough Resolution 76-47 and memorandum dated November 30, 1976,
regarding the Borough's population estimate survey was noted. Following
discussion, it was moved by Hugli, seconded by Mott and unanimously carried
by all those present to adopt Resolution No. 77-5.
LOC ORGS:
2, City Clerk read in full proposed Resolution No. 77-6 entitled:
A Resolution Supporting the Attempts of the
Seward Senior Citizens' Program to Obtain a
Staff Assistant Under Title IX, Senior Community
Service Employment Program
January 10, 1977, letter from Manpower Division of the Department of Community
and Regional Affairs, and attachments, regarding the grant program, was noted.
It was moved by Mott, seconded by Gillespie and unanimously carried by all
those present to adopt Resolution No. 77-6,
X.
UNFINISHED BUSINESS:
o TOWNSITE: A. Neve', with Council consent, asked the City Manager, City Attorney
and Bruce Sieminski to accompany him to the City Manager's office for a brief
discussion on the status of the Sieminski (Western Auto) drainage/encroachment
problems, After returning to the dais, Neve' stated the item would again be
placed on an agenda after the City Manager had an opportunity to adequately
review the past record,
FOREST ACRES: B, Letter dated December 3, 1976, from the Methodist Women regarding
land for sale in the Forest Acres area was noted, Gillespie stated before
making a decision on the purchase of the property, the Council should consider
that the acreage is surrounded by recreational area and the six acres, if
developed, would be a taxable resource to the City, Following discussion,
Neve', with Council consent, stated a decision would be withheld pending the
receipt of an appraisal as obtained from the Methodist Women,
BIDS/PUR AGENT: C. City Manager's memo of January 5, 1977, and attached information,
regarding Tires, Tubes and Batteries and Petroleum Products bid awards was
noted. City Manager, with Council consent, recommended supply of the tires
be awarded to B.F, Goodrich with the added stipulation that the award be "subject
to stock on hand"; the supply of batteries be awarded to Western Auto with the
same stipulation of on-hand stock; and the petroleum bids be rejected and re-
bid in 90 days with a more complete bid form to be supplied to interested bidders.
COMPTROLLER: D. Auditors Johnson & Morgan letter of November 24, 1976, submitting
two-year proposal for the audit of the City's records and accounts was noted,
City Manager, with Council consent, recommended the proposal be denied and
stated he was contacting other audit firms for service proposals in order to
obtain competitive figures,
WATERFRONT
TRACTS:
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C ATTORNEY:
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TAXICABS:
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PAGE 9
REGULAR MEETING - JANUARY 24, 1977
VOLUME 18
XI.
NEW BUSINESS:
A. Letter dated January 11, 1977, from Northern Stevedoring and
Handling Corporation Vice President Shingleton regarding James W. Holben's
request to install a welding facility on a portion of Tract 4, Seward Water-
front Tracts, was noted. Holben appeared and spoke and answered questions
on his proposed 2800 square feet building construction to be located near
the South East corner of the present NSHC structure. Neve' stated the Council
needed to see a plot plan before making a decision and further asked if the
construction deviated from the terms of the Seward Concept Plan, Following
discussion of other items on the agenda, City Engineer Lowman displayed the
plans as received by his office that day and noted they had not yet been
signed or sealed by an architect or engineer, Planning and Zoning Commission
Chairman Leirer appeared and stated the Commission had no objection to the
structure but recognized the City Council should consider the matter since it
was leased property, Following discussion, Neve', with Council consent,
directed the matter to the Harbor Commission for comments and continued
discussion until the February 14 meeting,
B. The following claims for damages, allegedly caused by recent
power fluctuations, were noted:
Name
Duncan
Lynch
Mooter
Herin
Ronne
Flynn
Date of Claim
December 2, 1976
December 27, 1976
December 27, 1976
December 27, 1976
January 12, 1976
January 14, 1976
Amount
$ 354,00
92.82
464,76
620,00
176,10
50.00
City Attorney spoke and answered questions on the legal liability of the City
regarding the claims and made a distinction between the Duncan claim, which
was caused by a faulty connection of a neutral wire at the transformer, and
thus reflected that negligence on the part of the City might be involved; and
the other claims of Lynch, Mooter, Herin, Ronne and Flynn, where precautions
had been taken by City personnel and thus appeared to clear the City of any
legal liability, City Attorney, with Council consent, recommended that Mr,
Duncan and the City Manager discuss and reach an agreement on payment of the
claim, stating that full reimbursement was not obligatory and that the claimant's
homeowner's policy coverage as well as appropriate depreciation should be taken
into account. City Attorney, with Council consent, recommended that the other
claims be denied.
C. The following were noted as to the four permits to operate Legion
and Pioneer Cabs, all held by John W, Hoogland~
City Council minute order of July 26, 1976,
authorizing Hoogland to hold all four taxi
permits, with a six month review of the
operation
"Cab Inspection" of the two operative vehicles,
conducted by the Police Department on January
18, 1977
January 24, 1977, letter and attached business
income report from Hoogland
Neve', with Council consent, stated the operation would be reviewed again
in six months and that, if satisfactory at that time, the review process
would be terminated,
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PAGE 10
REGULAR MEETING - JANUARY 24, 1977
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
ANNEXATION/ D. January 12, 1977, memo from City Manager regarding Fourth of July
4TH OF Creek annexation petition before the current legislature and tabling of the
JULY Lowell Point hearings for one year, was noted. City Manager distributed and
CREEK: read in full proposed telegram to send to all legislators in the House and
Senate, supporting the Fourth of July Creek annexation petition. Neve' stated
a petition with approximately 200 signatures had been presented to the legislature
circulated by Tom Taggart, living outside the City limits of Seward, objecting
to any annexation attempts by the City of Seward and spoke strongly against the
action. Taggart appeared and stated most of the signatures were of individuals
living outside the City limits. Karen Swartz stated the Fourth of July Creek
annexation would not, in any way, affect people outside the City. Oscar
Bailey appeared and stated he erroneously signed the petition because he thought
it referred specifically to Lowell Point and Bear Creek area annexations and
did not agree with the effect it would have on the Fourth of July Creek petition
and asked Taggart to withdraw his name from the petition. Following discussion,
Neve', with Council consent, gave approval for the City Manager to proceed with
sending the telegram, as presented,
OCS DEVELOPMENT/
CZM:
(Taken out of order by Mayor, with Council consent)
January 5, 1977, letter from the Department of Community and
Regional Affairs, regarding State policies for outer Continental Shelf planning
and development, was noted, Gillespie noted comments were requested on the
document prior to February 7, 1977, and further stated it seemed the State
was still in the planning stages when development was presently occurring.
Neve', with Council consent, suggested that he and City Manager Johnson be
directed to draft a response and would notify Council by telephone of the
content.
F.
C ENGINEER: E. City Engineer's memo dated January 19, 1977, itemizing bill
of Arctic Environmental Engineers (AEE) for services performed under contract
dated August 30, 1974, was noted. City Engineer and Sid Clark of AEE gave
brief report and answered questions on the services performed by AEE. Follow-
ing discussion, it was moved by Martin, seconded by Mott and unanimously
carried by all those present to approve the payment of $255,473.57 to AEE
for itemized services rendered,
SEWAGE TREATMENT: Clark commented on the U.S. Congress' stand on secondary sewage
treatment requirements and stated Anchorage and most major cities along the
West Coast were going to testify against such requirements, Clark stated
he had personally agreed to support Anchorage's efforts in Washington D.C.
against the requirements and asked Council's permission that Neve', because
of his marine biology background and mayorial position with the City, be
authorized to testify also, if necessary, Neve' stated he supported the
recommendation and further stated the Borough would not officially support
these efforts due to the fact that Homer and Kenai had already complied with
the regulations.
XII.
CITY MANAGER REPORTS:
ELECTRIC DEPT: A. City Manager stated a meeting had been scheduled with Mr.
Schultz of Chugach Electric Association for Monday, January 31, 1977, to
discuss the contract for electrial power with the City and modernization
of the current system.
PERSONNEL: B, City Manager stated a meeting had been scheduled with Bruce
Silverthorn of the State for Wednesday, February 2, 1977, to discuss the
City's CETA program.
INDUSTRIAL SUB: C. City Manager stated there appeared to be a difficulty with the
Dresser Industries lease in that years ago the City had given a Quitclaim
Deed for a portion of Tract B to the Corps of Engineers and further stated
the attorneys were looking into the matter at the present time, City Engineer
commented on the Tideland Surveys #168 and #174 he had located relating to
the deeds issued in that area. Gillespie questioned if the City had followed
proper public hearing and posting requirements when the property had been
deeded and, if not, if such would be grounds to nullify the deed. City
Attorney stated he would investigate it but stated it was his opinion such
justification would not be legally sound.
BIDS/PUR
AGENT:
D, City Manager stated he was conducting an inventory of City
equipment and disposing of all surplus stock,
PAGE 11
REGULAR MEETING - JANUARY 24, 1977
VOLUMFJ 18
XII.
CITY MANAGER REPORTS:
ERSONNEL:
E, City Manager stated he was proceeding with the classification
and personnel manual and hoped to have a document to present to Council for
its last meeting in February,
F, City Manager stated he had asked Sid Clark of AEE to submit a
proposal to conduct title searches and any additional work necessary to
compile a list of City land holdings.
INDUSTRIAL SUB/ G.
IMARINA contacted and
SUB: due for lease
City Manager stated various Anchorage appraisal firms had been
requested to submit a proposal for appraising all City property
rental escalation within the next year,
MPLOYEE ASSOC: H, City Manager stated negotiations with IBEW scheduled for the
past week had been postponed by the union due to illness of one of the negotiators
and further stated the contract had been extended from January 31 to February 10
to allow extra negotiation time.
XII I.
JUNIOR MAYOR REPORTS:
Junior Mayor Eric Anderson was not in attendance to give a report,
XIV.
COUNCIL DISCUSSION:
ARBOR COMSN: A. The following were noted as to Harbor Commission positions
expiring as of February 15, 1977:
City Clerk-Treasurer's letter of January
6, 1977, listing four terms to expire
Harbor Commission Attendance Record
Commissioner Clasby's letter of January
7, 1977, requesting reappointment
I
Commissioner Seaton's letter of January
8, 1977, requesting reappointment
Commissioner Mardock's letter of January
17, 1977, requesting reappointment
C.J. (Terry) McCarty's letter of January
18, 1977, requesting appointment
It was moved by Mott, seconded by Gillespie and carried as follows to reappoint
Clasb~ Seaton and Mardock and to appoint McCarty to the Harbor Commission:
Ayes:
Noes:
Absent:
Gillespie, Martin, Mott and Neve'
None
Hugli, Oldow and Vincent
BUDGET:
B. Mott commented on budget report and City Manager stated he would
make any adjustments necessary to assure .expenditures were kept in line with
the budget.
XV.
CITIZENS' DISCUSSION:
I
Oscar Bailey appeared and asked the Council to formally notify the
Local Boundary Commission of the straw poll taken November 2, 1976, at which
time the citizens inside the City as well as outside, voted against annexation
attempts in the Lowell Point and Bear Creek areas, Tom Taggart spoke and
requested the same action as Bailey. Willard Midby stated former City Manager
Filip had recommended the Council proceed with the Lowell Point annexation
hearings, even after the straw poll had been conducted, Following discussion,
Neve' asked the City Manager to inquire into the proper procedure followed
by the Local Boundary Commission under such circumstances.
ANNEXATION:
Paul Seaton stated he felt, as an observer, that having an attorney
present at the meetings was very beneficial,
1:2
PAGE 12
REGULAR MEETING - JANUARY 24, 1977
VOLUME 18
XVI. ADJOURNMENT:
,,' .~.'!'he' meeting was adjourned to executive session at 9:50 p,m. in order
to d}~ctiss. legal~Qunsel and City Clerk-Treasurer's salary,
.fu ne E. Shanley
City Clerk-Treasurer
Bd; A!N~:'';~
Mayor
(C~, Se~l)
L .
',.....
',.
--------------------------------------------------------------------------------
PAGE 12
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:31 p.m, by Vice Mayor Hugli,
II, OPENING CEREMONY:
Councilmember Mott lead the pledge of allegiance to the flag,
III. ROLL CALL:
Present were: Vice Mayor Hugli; Councilmembers Gillespie, Martin,
Mott, Oldow and Vincent (Absent, with Council consent,
was Mayor Neve')
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
IV, APPROVAL OF MINUTES:
It was moved by Martin, seconded by Oldow and unanimously carried
by all those present to approve the minutes of January 24, 1977, as written,
V,
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following changes were made to the regular meeting agenda:
VIII, Citizens' Discussion: A, Chris Wittwer complaint deleted
XIV, Council Discussion: B, Ordinance No, 406A deleted
XV, Citizens' Discussion: A. Bear Creek presentation added
It was moved by Oldow, seconded by Mott and unanimously carried by all those
present to approve the consent calendar as presented and the regular agenda
as amended and the following actions were taken:
A RAILROAD/
POLICE DEPT:
1, The City Manager was authorized to sign supplement to
security agreement, reducing monthly payment from $600
to $300, as transmitted by The Alaska Railroad with
cover letter dated January 25, 1977,
ABCB:
2. Yukon Liquor Store liquor license renewal application, dated
January 18, 1977, was filed without objection,
LOC ORGS:
3, Seward Elks Lodge #1773 application for authorized games
of chance and skill for 1977 was approved,
OCS DEVELOPMENT:
4, Texaco "Notice of Support Activity" dated January 28, 1977,
was filed.
ALASKA, STATE OF:
5, January 28, 1977, letter from the State Division of Policy
Development and Planning requesting comments on Cannery Creek
Timber Sale was filed without objection,
1')
.
PAGE 13
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
VI,
BOROUGH ASSEMBLY REPORT: None
VIII,
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
I
A. Former City Manager James R, Filip appeared and requested
payment in full for the total hours of annual leave accumulated while he was
in the service of the City~ Filip stated a large amount of annual leave had
accrued because of the press of City business and further stated he would
withdraw his request for payment of accrued sick leave if the total amount of
accrued annual leave was paid. Filip explained that the Code stated the City
Manager could allow an employee to accrue more than the stated 288 hours of
annual leave due to certain circumstances and that, acting under this Code
provision, he had allowed himself to accumulate 569 hours of annual leave.
Following discussion, it was moved by Gillespie, seconded by Vincent and
carried as follows to pay Mr, Filip the 288 hours of annual leave accumulated:
PERSONNEL:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Oldow, Mott and Vincent
Martin
Neve'
It was moved by Gillespie) seconded by Oldow and carried as follows to deny
payment of the accrued sick leave to Mr, Filip:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Oldow and Vincent
Martin and Mott
Neve'
It was moved by Martin, seconded by Mott, but did not carry as follows to award
Mr. Filip the additional 281 hours of accumulated annual leave:
I
Ayes:
Noes:
Absent:
Martin and
Gillespie,
Neve'
Mott
Hugli, Oldow and Vincent
IX,
ORDINANCES AND RESOLUTIONS:
A, Ordinances for First Reading: None
B, Ordinances for Second Reading:
STREETS:
1. City Clerk read by title proposed Ordinance No. 431 as follows:
An Ordinance Relating to Streets and Sidewalks,
Amending Section 19-1 of the Seward City Code
It was moved by Oldow, seconded by Mott and unanimously carried by all those
present to move the ordinance to third reading and adoption,
C, Resolutions:
C CLERK-TREASURER:
follows:
1. City Clerk read by title proposed Resolution No, 77-7 as
A Resolution Appointing and Setting the Salary
for the City Clerk-Treasurer
I
It was moved by Gillespie, seconded by Oldow and unanimously carried by all those
present to adopt Resolution No, 77-7, appointing JoAnne E, Shanley as City Clerk-
Treasurer and setting the salary at $1585 per month, effective December 16, 1976.
X,
UNFINISHED BUSINESS:
WATERFRONT TRACTS: A, The following items were noted as to James W, Holben's request
to construct a welding facility on a portion of Tract 4, Seward Waterfront
Tracts, presently being leased by Northern Stevedoring & Handling Corporation:
City of Seward Building Permit No. 77-02
dated January 12, 1977
City Council meeting minute order from
January 24, 1977
Harbor Commission meeting minute order
from January 26, 1977
[4
PAGE 14
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
x,
UNFINISHED BUSINESS:
(cont'd)
Hugli noted the item had appeared before the Planning and Zoning and Harbor
Commission and had been approved by both bodies, Following discussion, it
was moved by Vincent, seconded by Martin and carried as follows to grant
the request of James Holben for construction of the welding facility,
Ayes:
Noes:
Absent:
Gillespie, Hugli, Martin, Oldow and Vincent
Mott
Neve'
VIII.
CITIZENS' DISCUSSION:
(Taken out of order by Vice Mayor, with Council consent)
P & Z COMSN: In answer to a question from Tom Taggert, City Manager explained
the City's proposed land selection as it related to the Statehood Act, He
stated the administration was going to propose approximately 15 sections
south of Bear Lake as the City's first choice and approximately the same
amount of land north of Bear Lake as the City's second priority, Johnson
explained the Planning and Zoning Commission was working on the proposal,
to be completed by June, and that if Mr, Taggert had further questions he
could attend those meetings,
LEG REPS: Bernard Hulm appeared and spoke in support of Senator Stevens'
reintroduction of the Seward National Recreation Area proposal and asked
for Council's support of the legislation,
P & Z COMSN: Willard Dunham appeared and spoke on the Statehood Act land
selection and stated that an in-depth evaluation of the selection was needed.
XI,
NEW BUSINESS:
SEWAGE TREATMENT: A. Arctic Environmental Engineers Comprehensive Wastewater
Facility Plan Supplement and Letter Report, dated February 1, 1977, were
noted, City Engineer Lowman spoke and answered questions on the preliminary
appraisal of the Civil Air Patrol site, proposed location of the facility.
City Manager stated that the Council would have to make a decision in the
near future as to whether they wanted to proceed with the facility or continue
at a stand-off with the EDA regulations, Following discussion, it was moved
by Oldow, seconded by Mott and unanimously carried by all those present to
acknowledge receipt of the Arctic Environmental Engineers' Comprehensive
Wastewater Facility Plan Supplement and Letter Report,
SMALL BOAT'HARBOR: B. The following items were noted as to the proposed lease of
City property in the Small Boat Harbor area to the Coast Guard for a boat
dispatch building, formerly leased by the Air Force:
U.S, Coast Guard letter dated January 12, 1977,
and attached proposed lease setting the lease
sum for the 7500 square feet of land at $825
per year; the lease to run from October 1, 1976,
through September 30, 1977
Department of the Army letter of December 1, 1976,
terminating lease agreement with the City for
parcel of land
U,S. Coast Guard letter of November 19, 1976,
stating interest in taking over the lease
Department of the Army land lease dated October 1,
1975
City Manager stated the $825 per year lease fee had been set by his predecessor
and he felt the City was obligated to that rate until termination of the lease
in October of 1977, at which time the rate would be evaluated as to fair market
value of the property, Following discussion, it was moved by Mott, seconded
by Oldow and unanimously carried by all those present to authorize the City
Manager to enter into the lease agreement with the U,S. Coast Guard for the
property in the Small Boat Harbor area with the terms as cited.
PAGE 15
REGULAR MEETING - FEBRUARY 14, 1977
JS
VOLUME 18
XII,
CITY MANAGER REPORTS:
I
A. City Manager spoke on the Flamingo Lounge request for transfer
of corporate stock and renewal of liquor license as previously approved by
the Council, and stated that a letter of non-objection would have to be sent
to the Alcoholic Beverage Control Board (ABCB) in order for a prior Council
communication, noting objections to the reissuance of the liquor license, to
be withdrawn. It was moved by Mott, seconded by Gillespie and unanimously
carried by all those present to approve a letter of non-objection be directed
to the ABCB regarding the transfer of corporate stock and renewal of liquor
license for the Flamingo Lounge. Carl Norman appeared and asked that the ABCB
be notified of the Council's action before Wednesday, February 16, at which
time the Board would rule on the request and City Manager confirmed this would
be done.
ABCB:
HOSPITAL:
B, City Manager requested approval to forgive a debt of Seward General
Hospital for the lease of Lots 14-18, Marathon Addition, at $5 per year, from
February 2, 1969 through February 2, 1979, for a total amount due of $50, He
further explained that Hospital Administrator Campbell had assumed the $50 had
been paid in full in 1969; however neither the hospital nor the City showed any
record of such payment and forgiveness would resolve the matter, It was moved
by Mott, seconded by Oldow and unanimously carried by all those present that
the $50 owed by Seward General Hospital be forgiven,
BIDS/PUR AGENT: C, City Manager stated over the weekend an emergency occurred in the
Small Boat Harbor and he had authorized the purchase of an outboard motor in
the amount of $1059.48 and asked for Council approval of the expenditure, In
answer to a question from Vincent, City Manager stated the motor was need to
haul out floating logs and trees in the harbor area in order to protect the
boating public, Following discussion, it was moved by Mott, seconded by
Vincent and unanimously carried by all those present to authorize the expenditure
of funds for the outboard motor,
I
D, City Manager stated he had recently met with Bruce Silverthorn
representing the CETA program and commented on the City's violations of the
contract. He further stated due to lack of funds, the City could not comply
with the terms of the contract at the present time but told Silverthorn one
of three actions would be taken by July 1, 1977:
PERSONNEL:
1) the program would be maintained at the
present level will all employees receiving
the proper benefits and compensation
2) the program would be cut back but those
employees retained would receive the
proper benefits and compensation
3) the program would be abandoned
City Manager stated that due to the administrative costs involved the City
would no longer administer the CETA positions located at the Library, Skill
Center, Mental Health Center, etc., effective with the new contract.
E, City Manager, with Council consent, stated a meeting would
be tentatively set for March 9, as requested by Richard Boeglin of the Federal
Highway Program in Juneau, in order to explain how his department worked with
the State,
I
F. City Manager gave status report on the International Brotherhood
of Electrical Workers contract negotiations.
G. City Manager gave a report on his trip to Juneau, at which time
he discussed the outstanding bill for preferential berthing privileges for
the M/V Tustumena with William Hudson and also testified in favor of the
Fourth of July Creek annexation proposal before the legislature,
City Manager further stated he had met with Paul Carr of Community
and Regional Affairs regarding Title IX grant monies available to the City and
stated $40,000 had been offered Seward for addressing oil impact related problems.
He explained that in order to receive the $40,000 the City had to supply $5000
cash and $5000 in kind match. City Manager explained the information obtained
from the consultation would meet the requirements for obtaining future funding,
!~
PAGE 16
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
In answer to a question, City Manager stated the Council could designate the
area of concentration, be it housing, streets, water and sewer systems,
electric utility, Small Boat Harbor and dock improvements, etc., and that
a consultant would be located in Seward to carry out the project. Following
discussion, it was moved by Oldow, seconded by Mott and unanimously carried
by all those present that $5000 be appropriated for the intended grant.
H. In answer to a question from Mott, City Attorney explained
the status of the Dresser Industries lease and the present conflict with
ownership of the property.
SBH:
I. City Manager stated a request had been received from Mr.
Carlson of the Bridge Restaurant in Anchorage to operate a food wagon in
Seward during the summer months and, with Council consent, stated he would
request that Mr. Carlson submit a detailed proposal before the item came
before Council.
MARINA SUB:
J. City Manager stated a letter had been received from Marilyn
Plymire, requesting assignment of leases on Lots 5 and 6, Block 1, Marina
Subdivision, presently held by Mr. and Mrs. Donald Deems. Hugli, with
Council consent, asked that copies of the present lease agreement with Deems
be forwarded to Council and the item scheduled for discussion at the February
28 meeting.
XIII.
JUNIOR MAYOR REPORT: None
XIV.
COUNCIL DISCUSSION:
P&Z COMSN:
A. The following items were noted as to three vacancies occurring
on the Planning and Zoning Commission:
Planning and Zoning Commission attendance
record
City Clerk-Treasurer memo dated January 6,
1976, noticing Council of expiration of terms
"Notice of Commission Vacancies" as published
in local newspaper
Letter dated January 18, 1977, from Lawrence
W. Potts, Jr.
Letter dated January 21, 1977, from Chester
D. Thorne
Letter dated January 21, 1977, from Dean
Williams
Letter dated January 23, 1977, from Raymond
Olson
Letter dated January 26, 1977, from Donald
L. Mai, Commissioner seeking reappointment
Letter dated February 1, 1977, from Jean Leer
Letter dated February 7, 1977, from Jim
Shepherd
r-,
Letter dated February 9, 1977, from Dick
Beissner, Commissioner seeking reappointment
Oldow stated those appointed should be willing to serve on the Borough Planning
Commission. Jim Shepherd, Dean Williams and Jean Leer appeared and spoke on
their interest in being appointed to the Commission. Pat Williams appeared
and stated the Planning and Zoning Commission should reflect a cross section
of people and professions. It was moved by Mott, seconded by Oldow, but later
withdrawn, to appoint Dean Williams, Jim Shepherd and Jean Leer to the Commission.
City Attorney suggested a secret ballot be conducted with each Councilmember
listing three suggested appointees. The ballots were handed to the City Clerk
for tabulation.
PAGE 17
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
17
XIV.
COUNCIL DISCUSSION:
(cont'd)
RECESS: The meeting was recessed at 8:55 p.m.; reconvened at 9:05 p.m.
Hugli announced that Dean Williams, Jean Leer and Jim Shepherd had received
the most votes and were appointed to the Planning and Zoning Commission,
I
C. The following items of correspondence were noted in protest to
the liquor license application made by Mr. and Mrs. Jack Werner for a retail
liquor outlet to be located at Third and Jefferson:
ABCB:
Letter dated January 25, 1977, from Virginia
A. Dec
Letter dated February 10, 1977, from Revelle
E. Roach
Petitions received February 9 and 14, 1977,
bearing approximately 58 signatures
Charles Fultz, President of the Ministerial Association, appeared and read in
full letter dated February 8, 1977, from Linda E. Brown, Director of the
Alcoholic Beverage Control Board, stating that the Board had not yet received
application for the retail liquor license. Hugli stated no action could be
taken on the matter until an application had been received by the City but
that the letters and petitions in opposition would be kept on file.
C COUNCIL:
D. Councilmember Vincent distributed memo dated February 14, 1977,
requesting Council support of a public flyer to be made available at the utility
counter to explain various ordinance provisions to the citizens. In answer to
a question, Police Chief Bencardino stated that those streets within the City
limits not posted had a speed limit of 25 miles per hour. All Councilmembers
voiced support of Vincent's suggestion.
ILEG
REPS: E. Gillespie cited memo from the Alaska State Legislature referring
to House .Bill 75, authorizing boroughs and cities to levy income taxes and, with
Council consent, requested the City Clerk direct a letter to the legislature
in opposition to the bill.
F. Gillespie spoke on the problems with the Dresser Industries
lease and a previous proposed lease with Chugach Native Development Corporation.
He suggested in order to avoid such problems in the future that title searches
be conducted on all City property before its sale or lease. City Attorney spoke
and answered questions on the suggestions and stated it would be advisable.to put
the requirement in ordinance form. Gillespie, with Council consent, requested
the City Attorney draw up such an ordinance.
G. Mott stated Louisiana Pacific was tentatively planning on resuming
operations April 15 and asked if the City would again experience power fluctuations.
City Manager stated as far as he could ascertain such power fluctuations were
caused by the chipper motor which, he had been assured, would not be in immediate
operation.
PKS & RECREATION: H. Vincent commented on the use of large parcels of land by the Army
and Air Force Recreation Camps and asked if the land could be put to more
beneficial use. Following discussion, City Manager was requested to investigate
the ownership of the property in question.
lIRE
xv.
CITIZENS' DISCUSSION:
DEPT:
A. Ed Zimmerman appeared and spoke on the fire service area recently
formed in the Bear Creek area and asked if the City wanted to enter into a
mutual aid agreement with the fire service district. Fire Chief Watsjold
stated he had offered the City fire services, when available, to the Bear
Creek area. City Manager stated he would obtain copies of the mutual aid
agreements in Kenai and Soldotna in order to aid Council in their decision.
Hugli, with Council consent, scheduled the item for further discussion at
Council's February 28 meeting.
II:'>
PAGE 18
REGULAR MEETING - FEBRUARY 14, 1977
VOLUME 18
XV. CITIZENS' DISCUSSION: (cont'd)
PKS & REC:
B. Carl Norman appeared and spoke in support of the Army and Air
Force Recreation Camps. Beverly Dunham suggested if the land in question
was State-owned, that the City approach the agencies and suggest that if the
camps were not operative that the City be given use of the facilities.
Herman Leirer stated the land in question was State-owned.
ABCB:
C.
Association's
outlet at the
Police Chief Bencardino spoke in support of the Ministerial
position against the issuance of a liquor license for a retail
corner of Third and Jefferson.
XVI. ADJOURNMENT:
__.y;Jfhe'IJ;li!,eting was adjourned at 9: 31 p.m.
~11- ~ t;Jj,,,~
JpA ne E. Shanley , 0-
City Clerk-Treasurer
')
't.,
(Ci.;ti~eal);.,. ..,'
,<-<;.'.,' :~';l-. (ir ~,\ l_~j_-;
-----------------------------------------------------------------------------------------------------
PAGE 18
REGULAR MEETING - FEBRUARY 28, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:32 p.m. by Mayor Neve'.
II. OPENING CEREMONY:
Neve' led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Martin, Mott,
Oldow and Vincent (Absent, with Council consent, was
HugH)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
IV. APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Oldow and unanimously carried
by all those present to approve the minutes of February 14, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Mott, seconded by Martin and unanimously carried
by all those present to approve the consent calendar and regular meeting
agenda as presented and the following actions were taken:
,-'-,
COMPTROLLER:
1. City Comptroller's list of Accounts Payable for
February, 1977, was filed.
4TH OF JULY CREEK/
ANNEXATION:
2. Alaska State Legislature - House Community and Regional
Affairs Committee's letter dated February 7, 1977,
supporting the Fourth of July Creek annexation proposal
was filed.
19
PAGE 19
REGULAR MEETING - FEBRUARY 28, 1977 VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
SPEC~COMM EVENTS
3. Division of Policy Development and Planning's letter
dated February 14, 1977, forwarding Ballaine House
Historical Nomination information was noted. The
administration was directed to send a letter to the
Division in support of the proposed project.
I
4. Letter dated February 17, 1977, from the Department
of Community and Regional Affairs, Manpower Division,
regarding the City CETA program, was filed.
PERSONNEL:
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Oldow gave Kenai Peninsula Borough Assembly report
for February 15, 1977.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
Jack Taylor of the State Department of Public Safety, Division of
Fish and Wildlife Protection, appeared and spoke on his function in the Seward
area.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading: None
B. Ordinances for Third Reading and Adoption:
STREETS:
1. City Clerk read by title proposed Ordinance No. 431 as follows:
I
An Ordinance Relating to Streets and Sidewalks,
Amending Section 19-1 of the Seward City Code
In answer to a question from Gillespie, City Attorney stated the ordinance
was silent as to existing sidewalk or gutter obstructions but that the City
Council had the power to compel removal of any structure it felt was a public
hazard or nuisance. It was moved by Mott, seconded by Oldow and unanimously
carried by all those present to adopt Ordinance No. 431.
C. Resolutions:
STREETS:
1. City Clerk read by title proposed resolution regarding
street name changes as follows:
A Resolution Rescinding Resolution No. 761,
Renaming Railway Avenue
City Planning and Zoning Commission minutes of February 9, 1977, and Resolution
No. 761, initially changing Railway Avenue to Neil A. Armstrong Avenue, were
noted. City Manager stated the Planning and Zoning Commission's motion was
to rename Neil A. Armstrong Avenue to Railroad Avenue; however, Resolution No.
761 cited the street as being named Railway Avenue. He recommended Council
confirm the Railway Avenue designation. Following discussion, it was moved by
Oldow, seconded by Mott and unanimously carried by all those present to adopt
Resolution No. 77-8.
I
BUDGET: 2. City Clerk read by title proposed resolution amending the
City budget as follows:
A Resolution Amending Resolution No. 949,
Increasing City of Seward General Fund
Revenues for Fiscal Year 1976-1977 and
Appropriating Said Revenues to Various
Departments
,; ~ , "\
,"-~., t ,
FIRE DEPT:
P & Z COMSN/
STREETS:
MARINA SUB:
PAGE 20
REGULAR MEETING - FEBRUARY 28, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
City Manager cited the increased property tax revenues in the amount of
$28,562 and noted the resolution appropriating the additional funds to the
Mayor and Council budget, specifically $16,572 to a contingency fund and the
balance to contracted legal services. Following discussion, it was moved by
Mott, seconded by Oldow and unanimously carried by all those present to
approve Resolution No. 77-9.
x.
UNFINISHED BUSINESS:
A. City Manager spoke on the Bear Creek Fire Service Area request
for a mutual aid agreement with the City for fire protection services. He
cited the mutual aid agreements he had obtained from Soldotna and Kenai,
calling to the Council's attention that neither agreement had been signed
by the city involved due to liability insurance complications. Following
discussion, City Manager, with Council consent, recommended the Bear Creek
Fire Service Area request be held in abeyance until the administration had
the opportunity to contact the City's insurance carrier regarding liability
insurance complications relative to such an agreement.
XI.
NEW BUSINESS:
A.
Commission's
numbered:
The following items were noted as to the Planning and Zoning
recommendation to require houses within the City to be visibly
February 1, 1977, letter from Planning and
Zoning Commissioner Kowalsk~ submitting
recommendation
Letter dated February 5, 1977, from Seward
Volunteer Ambulance Corps requesting such
house numbering
Two letters dated February 9, 1977, from Police
Chief Bencardino, stating the problems the police
and fire departments encountered in trying to
find residences
A portion of the Planning and Zoning Commission
minutes of February 9, 1977, setting forth
recommendation
Following discussion, Neve', with Council consent, directed the City Manager
to have an ordinance drawn up for Council approval which required the
numbering of houses in the City.
B. Letter dated February 10, 1977, from Marilyn Plymire, requesting
lease assignments on Lots 5 and 6, Block 1, Marina Subdivision, currently held
by Mr. and Mrs. Donald L. Deems, and Lease Agreement dated April 26, 1971,
for subject parcels, were noted. City Manager recommended Council approve the
lease assignments to Plymire with the following amendments to be made to the
lease document: 1) the lease rental be increased to 11 cents per square foot
per year; 2) the lease to specify that Plymire had one year to submit a develop-
ment plan for the property for Council approval; and, 3) the lease specify that
Plymire had one additional year after approval of the development plan to r-
initiate construction of the planned development. Vincent stated he did not
feel it was the intent of previous Councils, when the Marina Subdivision lease
program began, to allow one individual so much control in the harbor area.
Following discussion, it was moved by Mott, seconded by Martin and carried as
follows to approve the lease assignment of Lots 5 and 6, Block 1, Marina
Subdivision, from Donald L. Deems to Marilyn P1ymire:
Ayes: Martin, Mott, Neve' and Oldow
Noes: Vincent
Absentions:Gillespie
Absent: Hugli
Gillespie noted he abstained because of a conflict of interest due to a
business association.
PAGE 21
REGULAR MEETING - FEBRUARY 28, 1977
VOLUME 18
_. J
XI.
NEW BUSINESS: (cont'd)
WATERFRONT TRACTS: C. Proposed Lease and Dock License Agreements with the State Ferry
System for fiscal years 1976-1977 and 1977-1978 were noted. City Manager spoke
and answered questions on the two documents, noting that the only variation
in the two appeared in the rate schedule: 1976-1977 fiscal year to be at the
rate of $250 per month for the "old depot" and $14,000 per year for preferential
berthing and mooring privileges at the Fourth Avenue Dock, for a total of $17,000;
and, 1977-1978 fiscal year to be at the rate of $300 per month for the "old depot"
and $14,000 per year for preferential berthing and mooring privileges at the
Fourth Avenue Dock, for a total of $17,600. City Manager further stated Mr.
I Hudson of the State Marine TranspoIation Division agreed to negotiate the
fiscal year 1978-1979 Lease and Dock License Agreement with the City in
September of 1977. Following discussion, it was moved by Mott, seconded by
Oldow and unanimously carried by all those present to approve the fiscal year
1976-1977 Lease and Dock License Agreement with the State Ferry System. It
was moved by Neve', seconded by Mott and unanimously carried by all those
present to approve the fiscal year 1977-1978 Lease and Dock License Agreement
with the State Ferry System.
WATERFRONT TRACTS: D. City Manager spoke on City owned property in the Waterfront
Tracts consisting of approximately one acre of land and a dilapidated structure,
known as the "old carpenter shop". He stated the building was currently being
leased to Chuck Wingo on a monthly basis, at $200 per month, for use as an
upholstery shop and that the City did not have a valid lease agreement for its use.
City Manager further stated the vacant land was being used by Ron's Auto for
vehicle storage and, apparently, no lease agreement or rental fee was being
collected on the land. City Manager noted correspondence written by the previous
administration to the North Pacific Rim Native Corporation (NPRNC) regarding use
of the building as a youth center and read in full January 4, 1977, letter from
James R. Filip to John Tetpon of the NPRNC on the same subject matter. Chuck
Wingo appeared and stated he would like to continue leasing the building and he
was not objectionable to renting it on a monthly basis if the City gave him
approximately 60 days notice in which to vacate the building. Gillespie suggested
the Harbor and Planning and Zoning Commissions be asked for their opinions for
I the most advantageous use of the property before Council took any action.
Following discussion, City Manager was directed to present the item to the
two Commissions and to allow Wingo to rent the building on a monthly basis at
the stated rental rate until Council had the opportunity to receive input from
the Commissions and make a decision on future use of the property.
TERMINAL ADDN/ E. Letter dated February 9, 1977, from Don Thomas, Chairman, 1977
CRAWFORD ADDN: Foreclosure Sale Committee, Kenai Peninsula Borough, listing parcels the City
had been awarded as a result of foreclosure of real property taxes, was noted.
City Manager noted that most of the property was in the Terminal and Crawford
Subdivisions, either located on a mountainside or in a flood plain area, and,
with Council consent, recommended the Borough be notified that the City did not
wish to auction off any of the parcels at the present time.
XII.
CITY MANAGER REPORTS:
PERSONNEL
A. City Manager spoke and answered questions on the editorial
written by City electrical foreman Jack Williams which appeared in the
February 18, 1977, issue of the Seward Phoenix Log.
I
B. City Manager spoke on the recent request by the Public Works
and Electrical Departments for radios. He stated instead of the proposed
cost of approximately $16,000, he recommended the purchase of six radios at
the approximate cost of $8,322 from General Electric, stating that
there was a local dealer who could install and service the units. Following
discussion, it was moved by Mott, seconded by Oldow and unanimously carried
by all those present to approve the purchase of the radios as presented by
the City Manager.
C ENGINEER/
PW DEPT:
TV:
C. Letter dated October 19, 1977, from Frank A. Mengel, Chief
Engineer of KAKM television, Anchorage, regarding mini-television service
for Seward, was noted. City Manager, with Council consent, recommended the
library be authorized to operate the remote unit. He further stated he was
investigating the practice that other Kenai Peninsula communities received
free television service, however, Seward did not.
') .)
PAGE 22
REGULAR MEETING - FEBRUARY 28, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS: (cont'd)
PKS & RECREATION: D. City Manager reported on the ownership of the Army and Air Force
Recreation Camps, as requested by Councilmember Vincent at the Council meeting
of February 14, 1977. He stated the camps composed of approximately 30 acres:
20 acres owned by the State; and, 10 acres owned by the City, being leased to
the State at the rate of $1 for a five year period, expiring in 1981. Vincent
stated the City would have to come to the realization that it was running out
of residential property and the area of the recreation camps contained prime
residential property, and felt the land could be put to better use. City
Manager stated the ten acres being leased to the State had been deeded as
cemetery reserve and he wanted to further investigate the legality of leasing
such property. He further stated the City also leased a 400 by 50 foot
sewer line easement to the Air Force. Sergeant Seavers, Box 336, Seward,
appeared and spoke on the recreation camps operation. Mott asked if the
State would be willing to lease or sell the property to the City. Following
discussion, City Manager stated he would further investigate the matter and
submit a more detailed report at a later date.
WATER DEPT:
LEG REPS:
PERSONNEL:
CZM:
C ATTORNEY:
E. City Manager stated the City chlorination unit had malfunctioned
and he had purchased a new unit at $1282 and asked for Council authorization
of the purchase. It was moved by Oldow, seconded by Mott and unanimously
carried by all those present to approve the purchase of the chlorination
unit in the amount of $1282 as presented by the City Manager.
F. The following items were noted as to the TransAlaska Gas
Pipeline project, requesting Seward's support:
Alaska Municipal League letter received February
28, 1977, and attached Senate Joint Resolution
No. 15
Fairbanks North Star Borough letter dated
February 23, 1977
Organization for the Management of Alaska
Resources (OMAR) letter dated February 23, 1977
Oldow stated a resolution had been passed by the Council in the previous
year supporting such a proposal. Vincent voiced objection to the all Alaska
pipeline route. Following discussion, Neve', with Council consent, directed
the City Manager to draw up a resolution in support of SJR 15 and stated
at a later date, prior to April 1, the Council would nominate an individual
to join the State delegation going to Washington D.C. to support the Trans-
Alaska Gas Pipeline project.
G. City Manager read in full letter dated February 22, 1977, from
the Anchorage Regional Office of the State Manpower Division, requesting the
City nominate a member to sit on a regional committee for State Manpower
Planning. Gillespie was nominated by Oldow but declined. Neve' asked if
someone could be appointed from the Planning and Zoning Commission and,
following discussion, Neve', with Council consent, asked that the City
Manager nominate someone who was interested in serving on the committee.
H. February 15, 1977, letter from the State Division of Policy
Development and Planning, notifying the City of a workshop to be held in
Sitka on March 12, 1977, regarding the Alaska Coastal Management Program,
was noted. Neve' state he and the City Manager would further discuss
attendance at the meeting.
I. Letter dated February 18, 1977, from Hughes, Thorsness, Gantz,
Powell and Brundin, transmitting legal services bill in the amount of
$18,821.93 for services rendered from October 1, 1976, through January 31,
1977, was noted. City Manager spoke and answered questions on the billing
and spoke in support of the professional services being rendered by the law
firm. Following discussion, it was moved by Mott, seconded by Oldow and
unanimously carried by all those present to approve the Hughes, Thorsness,
Gantz, Powell and Brundin bill in the amount of $18,831.93.
PAGE 23
REGULAR MEETING - FEBRUARY 28, 1977
VOLUME 18
il q
.: (J
XIII.
JUNIOR MAYOR REPORT: None
XIV.
COUNCIL DISCUSSION:
A. Vincent requested discussion of Ordinance No. 406A regarding
water and sewer lines be continued to the next regular Council meeting due
to the non-attendance of the City Engineer.
I
B. In answer to a question from Vincent, City Manager explained
the public television program offered the City, at no cost for the first
operating year, would be the sole responsibility of the library.
TV:
ELECTRIC DEPT: C. Jim Martin asked the status of the Chugach Electric Association (CEA)
contract. City Manager stated the current labor negotiations with the electrical
workers would have to be resolved prior to drawing up a contract with CEA.
JESSE LEE HEIGHTS: D. Mott asked that a committee be formed to maintain the cemetery
and volunteered to be chairman. Neve', with Council consent, authorized
Mott to proceed with his proposal.
E. Mott stated he hoped Eric Anderson, the Junior Mayor, would
have a report at the Council meetings regarding the young adults feelings
on various subject matters. City Manager recommended Anderson discuss the
proposed youth center with his peers and report the responses to the Council.
F. Oldow asked the status of the Dresser Industries lease and
City Manager, with Council consent, requested an executive session directly
following adjournment of the regular meeting in order to discuss the lease.
SEWAGE TREATMENT:
I
G. Neve' gave report on his Washington D.C. trip regarding his
research on paralytic shellfish poisoning and stated that the University of
Alaska received a contract to proceed with the research for next year. He
further reported on sewage treatment regulations and possible relief from the
EPA requirement for secondary treatment plants for communities such as Seward,
stating he was travelling to Seattle to discuss the matter with Mr. Nadler
from Region 10 of the Environmental Protection Agency. Neve' stated the Council
should consider the inflationary costs involved with delaying the project. City
Manager commented on his discussions with Sid Clark of Arctic Environmental
Engineers,proposing combining a sewage treatment facility with an addition to
the Small Boat Harbor and further stated the Council would have to make a
decision in the near future to proceed with the facility.
XIV.
CITIZENS' DISCUSSION:
PKS & RECREATION: Carl Norman spoke in support of the Army and Air Force Recreation
Camps and stated the personnel employed at the camps economically benefitted
the City businesses. In answer to a question, Sergeant Seavers stated that
approximately 30 to 35 advance personnel would be arriving at the Army camp
sometime in April.
WATERFRONT
TRACTS: Paul Seaton, Forest Acres, commented on the lease agreement with
the State Ferry System and stated in the past, Council had discussed the
negative aspects of the paragraph in which the City was responsible for snow
removal from the Fourth Avenue Dock area, at an estimated cost of $80 per
operation. He suggested the State Highway department continue down Third
Avenue during snow clearing operations and also clear the dock area.
I
Willard Midby, property owner, commented on Resolution No. 77-8
changing Neil A. Armstrong Avenue to Railway Avenue, stating that when
development of the Harding Ice Fields occurs, the name of Armstrong might
be used. Karen Swartz stated she was more partial to using names such as
Ballaine, Hawkins and Ray, which had historical significance for the City of
Seward, for street names.
STREETS:
XVI.
ADJOURNMENT:
",::1'.I~,)1~e'~~ting was adjourned at 9:27 p.m. to executive
.,~ p~e~~erI~~~~~ies lease and the City administration.
i(')~ c~~
~',. J~nne E. Shanley
'~City, Clerk-Treasurer
session regarding
RJ~ A.(~/
Richard A. Neve'
Mayor
"
(City.Seal)
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O)'-~j-;-, . ,J
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LEFT BLANK IN ERROR
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___. -,I
PAGE 25
REGULAR MEETING - MARCH 14, 1977
VOLUME 18
I
City Council scheduled for Monday, March
due to lack of a quorum.
UA
{ichard A.
Mayor
---
~ 4.1V~
Neve
PAGE 25
REGULAR MEETING - MARCH 21, 1977
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council was called to order at
7:32 p.m. by Mayor Neve'.
II. OPENING CEREMONY:
Junior Mayor Eric Anderson led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin
and Vincent (Absent, with Council consent, were Mott
and Oldow)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
I
IV. APPROVAL OF MINUTES:
It was moved by Martin, seconded by Hugli and unanimously carried by
all those present to approve the minutes of February 28, 1977, as written.
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager, with Council consent, requested that XIV. Council Discussion:
A., Ordinance No. 406A, be held over until he had completed his review of the
document. City Manager called the Council's attention to Consent Calendar
Item 7. regarding Jesse Lee Home development and stated the City Attorney had
been requested to respond to Col. Matthey's letter, notifying of the City's
intent to proceed with default actions. City Manager requested that Item 7.
be continued until the City Attorney's response could be reviewed by Council.
Following discussion, it was moved by Vincent, seconded by Hugli and unanimously
carried by all those present to approve the consent calendar and regular meeting
agenda as amended and the following actions were taken:
4TH OF JULY CREEK/
ANNEXATIONS:
1. March 3, 1977, letter from the State Department of Community
and Regional Affairs, advising of the Fourth of July Creek
area annexation approval, effective March 2, 1977, was filed.
I
2. Division of Policy Development and Planning's letter dated
February 24, 1977, forwarding St. Peter's Episcopal Church
Historical Nomination information was noted and the City
Manager was directed to send a letter to the Division in
support of the nomination.
SPEC COMM EVENTS
ABCB:
3. Liquor license renewal application for the Pioneer Bar and
Liquor Store, dated March 2, 1977 , was filed without objection.
4. Liquor license renewal application for Solly's Lounge and
Liquor Store, dated March 2, 1977 , was filed without objection.
ABCB:
:s
ABCB:
ABCB:
C ATTORNEY:
SP COMMUNITY
EVENTS:
PAGE 26
REGULAR MEETING - MARCH 21, 1977
VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
5. Liquor license renewal application for the Yukon Bar,
dated March 2, 1977, was filed without objection.
6. Liquor license renewal application for the American
Legion, dated March 2, 1977, was filed without objection.
VI. BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
Bob Richardson appeared and asked if the City would share in the
cost of replacing motors and transformers damaged at the Skill Center,
allegedly during the power fluctuations experienced that afternoon, and
Neve' stated the City Attorney would have to be consulted.
Neve' asked if Richardson would be willing to assist in the
Japanese Exchange Program for the coming year and he stated he would be
happy to work with Brent Whitmore on the program.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading: None
B. Resolutions:
LEG REPRESENTATIVES/
RESOLUTIONS:
1. City Clerk-Treasurer read in full a resolution entitled:
COASTAL ZONE
MANAGEMENT:
C ATTORNEY:
4TH OF JULY
CREEK:
SMALL BOAT
HARBOR:
A Resolution Supporting Alaska State Senate
Joint Resolution No. 15 Relating To The
Proposed Trans-Alaska Gas Pipeline
It was moved by Martin, seconded by Hugli and carried as follows to adopt
Resolution No. 77-10:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Martin and Neve'
Vincent
Mott and Oldow
XI. NEW BUSINESS:
A. March 4, 1977, letter from the Department of Community and
Regional Affairs requesting the City respond to the Alaska Congressional
Delegation in Washington regarding the need for funding of planning under
the Coastal Energy Impact Program was noted. City Manager, with Council
consent, stated he would respond on behalf of the Council.
XII.
CITY MANAGER REPORTS:
A. Hughes, Thorsness, Gantz, Powell & Brundin bill in the amount of
$3,830.60 for legal services rendered in February was noted. City Manager
spoke on the bill and stated he was concerned with the high price of having
the Attorney attend the Council meetings, stating each meeting cost the City
approximately $500. Following discussion, Neve', with Council consent, stated
there were no objections to payment of the bill as presented.
B. City Manager stated on Thursday, March 17, the Chief of Police
and he had driven out to the Fourth of July Creek area and noticed that men
were placing explosives into the mountain, planning to widen the road and
possibly rebuild the existing dock structure. City Manager further stated
he had received a call from Mr. TedMeining and had informed Meiningthat the
City had annexed that area and that a City permit was required for the handling
and use of explosives and if construction was planned on the dock a building
permit would also be required. City Manager read in part a section of a
recent issue of Alaska Industry magazine with reference to construction on the
east side of Resurrection Bay.
C. Letter dated February 10, 1977, noticing public hearing to be
scheduled March 22, 1977, conducted by the Corps of Engineers to investigate
navigation improvements in Seward was noted. City Manager stated representa-
tives of the Corps had met with him and the City Engineer on Tuesday, March 15,
PAGE 27
REGULAR MEETING - MARCH 21, 1977
VOLUME 18 : ~ '7
XII.
CITY MANAGER REPORTS:
regarding various water related projectsin the Seward area, and asked that
the Councilmembers attempt to attend the meeting on the 22nd.
STREETS, ROADS,
HIGHWAYS: had met
various
D. City Manager reported the State and FederalHighway Departments
with the Planning and Zoning Commission on Wednesday, March 9, regarding
highway projects in the area.
LOWELL POINT
1
E. City Manager stated he had talked with the Corps of Engineers last
week regarding the Lowell Point diversion tunnel and had requested funding
assistance for maintenance work needed on the tunnel. He stated that at that
time the Corps presented him with a document dated 1936, stating that the Corps
would build the structure but that the City would be responsible for maintenance.
City Manager further stated that in 1974 the tunnel had been inspected and the
City had been directed to do some repair work on the tunnel which apparently
had never been completed. In closing, City Manager stated he would again
contact the Corps to request assistance in reinspecting the tunnel and advise
as to maintenance needs.
C MANAGER: F. City Manager requested approval to go to the City Managers'
Association meeting in Juneau Wednesday, March 23, through Friday, March 25,
and Neve', with Council consent, stated there was no objection to his attendance.
City Manager further stated Comptroller Baugh would be in Anchorage at a
Finance Director's seminar and City Clerk-Treasurer Shanley would be in
charge of the office in their absence.
ELECTRIC DEPT: G. City Manager stated a meeting had been scheduled with Bud
Schultz of Chugach Electric Association regarding the City's electrical
contract and he had requested attorney Gantz' attendance at the meeting.
INDUSTRIAL
SUB:
I SEWARD
MARINA
SUB:
PARK
Dresser
discuss
H. City Manager stated the City Attorney was meeting with the
Industries' legal counsel in Anchorage on Tuesday, March 22, to
terms of the Lot 16 lease.
FISH./ I. City Manager cited March 17, 1977, letter from City Clerk-Treasurer
Shanley regarding appraisal proposals for various City properties and suggested
that the appraisals for the Seward Fisheries lots and two lots in the Marina
Subdivision be awarded to Appraisal Company of Alaska, the lowest bidder, at
$2900. Gillespie asked if professional appraisals needed to be conducted on
all the parcels and City Manager and City Clerk-Treasurer confirmed the terms
of the lease agreements required appraisals every five years, as the basis
for lease escalations. Following discussion, Neve', with Council consent,
approved awarding the appraisals to Appraisal Company of Alaska, in the
amount of $2900.
OCS DEVELOPMENT: J. City Manager stated the City's proposal for outer Continental
Shelf oil impact strategy assistance had been sent out to bid and would be
due May 2. He further stated as far as he could ascertain the City of Seward
was leading all other municipalities in the State in proceeding with such
assistance.
OCS DEVELOPMENT: K. City Manager stated the Texaco oil platform "Bounty" would be
arrIvIng in Resurrection Bay March 23 and anchoring in the same place as the
"Alaskan Star".
SMALL BOAT HARBOR: L. City Manager stated the Coast Guard had offered to donate a 40 foot
twin engine utility vessel to the City and asked for Council opinion on the
matter. Councilmembers Martin and Vincent voiced objection to the City obtaining
and operating such a vessel due to the cost factor. City Manager stated a
I marine survey would have to be conducted before all costs, including insurance,
could be determinEd on maintaining such a vessel.
WATERFRONT
TRACTS:
PERSONNEL:
M. City Manager requested permission to cut down two cottonwood
trees in the City Park near the Northern Stevedoring and Handling Corporation
building in the Waterfront Tracts, in order to keep them from interfering
with the electrical lines. He stated another option would be to cut back
the limbs. Neve', with Council consent, stated that the limbs should be cut
back first to see how the public would react.
N. City Manager reported that the personnel manual was in draft form,
had been presented to the department heads, would be presented to the employees,
and should reach the Council by its first meeting in April.
"()
PAGE 28
REGULAR MEETING - MARCH 21, 1977
VOLUME 18
x.
UNFINISHED BUSINESS:
(Taken out of order by Mayor, with Council consent.)
SEWAGE TREATMENT: A. Sid Clark of Arctic Environmental Engineers appeared and spoke
on the City's wastewater facility plan, and distributed Letter Report, undated.
Clark stated the Lowell Point site had been considered feasible until they
had received the cost factor on the 11 acre parcel at $400,000, such land
cost to be borne solely by the City. Clark stated that due to the changes
in the original facility plan a new public hearing would have to be scheduled
with a minimum notice time of 30 days. Following discussion, Neve' requested
Clark have a completed Letter Report prepared for the Council meeting of
March 29 in order that the members could review it before setting the public
hearing date.
XIII.
JUNIOR MAYOR REPORT:
A. Junior Mayor Eric Anderson stated he had talked to students at
the school regarding a youth center and some had voiced a specific interest
in a roller rink. City Manager stated he had been contacted by various
businessmen in the community interested in supporting a roller rink and he
would further investigate the matter.
XIV.
COUNCIL DISCUSSION:
SP COMMUNITY EVENTS: A~ Neve' stated the Japanese Exchange Program should be underway
in the near future and that Brent Whitmore, Al Kawabe and Bob Richardson
would coordinate the program.
PERSONNEL:
B. Martin asked if a recreation director would be hired for the
summer months and the City Manager stated funds had been allocated for such
a position and he would follow up on the matter.
LEG REPRESENTATIVES:
stated
coming
bills:
C. Darryl Schaefermeyer, Administrative Assistant, appeared and
the City was receiving and he was reviewing all legislative bills
before the Legislature in Juneau. He reported on the following
House Bill No. 291 - "An Act Providing for Permits and Fees
for the Construction of Shore Facilities Associated with Outer
Continental Shelf Natural Resource Extraction; and Providing
for an Effective Date"
Following discussion, Neve' stated the City should respond to the
bill, stating it was unintelligible and unenforceable.
Senate Bill No. 220 - "An Act Relating to the Management of
the Coastal Resources of the State and Providing for an
Effective Date"
City Manager stated the
depth and Borough Mayor
the City regarding such
Borough was reviewing the bill
Gilman would remain in contact
bills
in
with
Governor's Alcohol Package - Schaefermeyer stated he felt
too much of the burden was being placed at the local level
and that the alcohol problem should be addressed at the State
level and, with Council consent, stated he would report such
views to the Governor.
Neve' requested an item be added to the agenda for "Legislative Reports"
and that Schaefermeyer prepare a commentary for Council's March 29 meeting
on the bills he considered important for Council to review.
City Manager stated a bill was being prepared which would give local
communities the same limited liability immunity as the State enjoyed and
Schaefermeyer stated the City Attorney should look at House Bill #354 and
the effect it would have on Seward.
Schaefermeyer also briefly commented on a bill which would repeal
local authority to levy and collect property taxes, stating that revenues
from the oil royalties would be substituted to lighten the local tax burden.
He stated he had some objections to such a bill because of the possible
problem of reimposing such taxes after the oil royalties were exhausted.
Following discussion, Schaefermeyer confirmed he would submit a written
summary at each Council meeting regarding legislation of concern to the City.
PAGE 29
REGULAR MEETING - MARCH 21, 1977
VOLUME 18
XV. CITIZENS' DISCUSSION:
HARBOR:
Paul Seaton asked if Council could clarify its position on the 40 foot
boat offered by the Coast Guard and Neve' stated two Counci1members had voiced
objection because of the expense involved; however, he felt the matter should
be investigated further to better understand the costs for insurance and
operation of such a vessel.
LOC ORGANIZATIONS: Paul McCarty, Director of the teen center funded by the Johnson-
O'Malley Committee, appeared and spoke on the need for a youth activity
center in Seward, asking Council's assistance in locating a building for
I the center. Carl Norman appeared and asked to see a schedule of activities
before the City supported such a center. Following discussion, McCarty
stated he would make a presentation at the Council's meeting of Tuesday,
March 29, regarding the guidelines and plans for the Seward youth center.
XVI.
ADJOURNMENT:
The meeting was
.:\}>-"
-"Sf'" f\r Sfll'~
/: <,t ,,~ _,'<'::; ';' :::',~:)?;~"
adjourned at 9:13 p.m.
~~t-;V~^
Richard A. Neve'
Mayor
J~ ~ E.. Sh"ln1:es' . El
CL~ Clerk-Treasu.r~~:: J/
(Ci~,~~iib." ,i" ", ':, :~~}
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PAGE 29
REGULAR MEETING - MARCH 29, 1977
VOLUME 18
I
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:36 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Counci1member Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, Hugli,
Martin, Mott and Vincent (Absent, with Council
consent, was 01dow)
Present also: City Manager Johnson, City Attorney Jarrell, and
City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
I
It was moved by Martin, seconded by Hug1i and unanimously carried
by all those present to approve the minutes of March 14, 1977, as written,
noting the lack of a quorum. It was moved by Martin, seconded by Hugli
and unanimously carried by all those present to approve the minutes of
March 21, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager, with Council consent, requested a resolution regarding
fire safety inspection and enforcement be added to the agenda under IX.
Ordinances and Resolutions: B. It was moved by Mott, seconded by Martin and
unanimously carried by all those present to approve the regular meeting
agenda as amended and the consent calendar as presented and the following
actions were taken:
~ ( I
PAGE 30
REGULAR MEETING - MARCH 29, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
COMPTROLLER:
1. Accounts Payable for March 1977 was filed
ABC B:
2. Liquor license renewal application for Thorn's
Showcase Lounge, dated March 18, 1977, was filed
without objection.
VI.
BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
LOC ORGANIZATIONS: A. Paul McCarty, Director of the teen center funded by the
North Pacific Rim Native Corporation, Johnson - O'Malley Committee,
appeared and spoke and answered questions on the program's funding and
activity plans. McCarty stated the organization was having difficulties
finding a building in which to house the teen center. Various Counci1-
members voiced support of the program.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading: None
B. Resolutions:
FIRE DEPT:
1. Neve' read in full proposed resolution regarding fire
safety inspection and enforcement entitled:
A Resolution of the City Council of the
City of Seward, Alaska, Rejecting the
State's Delegation of Responsibility for
Fire Safety Inspection and Enforcement
In answer to a question from Vincent, City Attorney stated if a neighbor
felt a nearby home was a fire hazard, affecting the safety of his own
structure, that he should report the concern to the local Fire Chief,
who would in turn notify the State Fire Marshal of the possible hazard.
City Manager spoke and answered questions on the need for the resolution
and sited other instances where municipalities had been sued and held
1iabile for fires which occurred after a building had been approved by a
fire inspector. Following discussion, it was moved by Hug1i, seconded
by Mott and unanimously carried by all those present to approve
Resolution No. 77-11.
x.
UNFINISHED BUSINESS:
SEWAGE TREATMENT: A. City Manager called Council's attention to and read in full
information which had been received by telephone that afternoon from Sid
Clark of Arctic Environmental Engineers (AEE), on the proposed wastewater
facility plan. He stated the written report from AEE was not yet ready
for presentation to Council. In conclusion, City Manager stated AEE
recommended the aerated lagoon system located at the North airport site
as the most feasibly and cost-effective site for the sewage treatment
facility. He further stated AEE had recommended a public hearing on the
recommendation be scheduled for May 9, 1977, stating further delays would
substantially increase the costs of the facility. Following discussion,
it was moved by Mott, seconded by Hug1i and carried as follows to set a
public hearing on the wastewater facility plan for May 9, 1977, at 7:30
p.m. in the City Council Chambers:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, Martin, Mott and Neve'
Vincent
01dow
MARINA SUB:
I ABC B:
PAGE 31
REGULAR MEETING - MARCH 29, 1977
,.... -,
" l
VOLUME 18
XI.
NEW BUSINESS:
A. Letter dated March 15, 1977, and attached map, from J. W.
Clement, requesting lease assignment on Lot 4, Block 1, Marina Subdivision,
to First Federal Savings and Loan Association of Anchorage, to meet the
financing requirements for a proposed new structure, was noted. City
Manager spoke in support of the lease assignment, stating the new building
would be an improvement in the harbor area. Following discussion, Neve',
with Council consent, approved the lease assignment and directed Clement
to have the necessary documents drawn and presented to the City for final
approval.
B. Alcoholic Beverage Control Board's letter of March 10, 1977,
forwarding new beer and wine liquor license application for Pizza Apollo
restaurant on Fourth Avenue, Seward, was noted. Mott voiced objection to
one of the few eating estab1ishmenrnin Seward, where individuals under 19
years of age could go without adult accompaniment, obtaining a liquor license.
Gillespie stated the City should not set the clientele of such an establish-
ment by limiting the service of alcoholic beverages. Following discussion,
it was moved by Mott, seconded by Martin and carried as follows to object
to the Pizza Apollo's application for a beer and wine license:
Ayes:
Noes:
Absent:
Hug1i, Martin, Mott and Vincent
Gillespie and Neve'
Oldow
XII.
CITY MANAGER REPORTS:
JESSE LEE HOME: A. Letter dated March 3, 1977, from Col. Bernard P. Matthey
regarding Jesse Lee Home development planned by Inn Seward, Inc., was
noted. City Manager read in full his response to Col. Matthey dated
March 16, 1977.
BIDS/PURCHASING AGENT: B. City Manager recommended the City purchase a postage meter
I at a cost of $1670 and monthly meter rental of $12.50. Following discussion,
it was moved by Hug1i, seconded by Mott and unanimously carried by all
those present to approve the purchase of the postage meter. Mott stated
he would like to talk to the City Manager regarding use of the postage
meter at a later date. City Manager stated a resolution approving the
transfer of appropriations for the postage meter would be presented to
Council at its meeting of April 11, 1977.
BUDGET:
WATERFRONT
FERRY:
C. City Manager stated he had received proposals from various
audit companies on performing the City's annual audit, the prices ranging
from $10,500 plus expenses to $7,500 including expenses. He recommended
the City change audit firms every few years and recommended either Price
Waterhouse or Peat, Marwick and Mitchell for the coming years' reports.
Following discussion, Neve', with Council consent, gave the City Manager
the option to choose either Price Waterhouse or Peat, Marwick and Mitchell.
TRACTS/ D. City Manager read in part letter dated March 18, 1977,
from Director W.R. Hudson of the State Division of Marine Transportation,
regarding the M/V TUSTUMENA. City Manager stated he was compiling figures
for presentation to Council, in resolution form, on the ferry's impact
on Seward and vice versa.
SMALL BOAT HARBOR/ E. City Manager stated he had
HARBOR COMSN: a 1974 State bond issue was available to
with Council consent, requested approval
see where the money could be best used.
been informed that $500,000 from
the City for harbor improvements and,
to conduct a feasibility study to
'~
ILOC
ORGANIZATIONS: F. City Manager noted memo dated March 29, 1977, from City Clerk-
Treasurer Shanley on the Senior Citizens' program funding for fiscal year
1977-1978. Following discussion, Neve', with Council consent, approved the
budget request contingent upon Council approval of the $1200 cash request
during its budget hearings.
G. City Manager noted the resignation of Harbor Master Sawyer,
effective April 4, 1977. He stated he would recruit applications for the
first five days exclusively from current City employees and then publicly
announce the vacancy.
,. <l
PAGE 32
REGULAR MEETING - MARCH 29, 1977
VOLUME 18
XIII.
LEGISLATIVE REPORT:
LEG REPS:
A. Administrative Assistant Schaefermeyer appeared, distributed
and reported on the following bills before the State Legislature:
SB 149 - "An Act Relating to the Tax on Motor Fuel
for Watercraft; and Providing for an Effective Date"
Schaefermeyer recommended the Council support the bill, stating that the
Governor had stated if this bill did not pass he would in turn veto a bill
allocating approximately $250,000 in funds for Seward harbor improvements.
Neve' voiced objection to the politics involved in getting such a bill
approved. Following discussion, it was moved by Mott, seconded by Vincent
and carried as follows to approve the administration's request to send a
telegram on behalf of Council in support of SB 149:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, Martin, Mott and Vincent
Neve'
01dow
SB 241 - "An Act Relating to Selection and Transfer of
State Land to Municipalities; and Providing for an
Effective Date"
Schaefermeyer stated he would have to further review the bill before he
could formulate a statement and recommendation for Council.
SB 249 - "An Act Relating to Suits Against Local
Governments; and Providing for an Effective Date"
Following discussion, Schaefermeyer stated it was his recommendation
that Council strongly support the bill. In answer to a question from
Vincent, City Manager stated the bill did not provide for blanket immunity
and a citizen would still have recourse if an employee was negligent
or abused authority.
Schaefermeyer also reported on his testimony before the legislature on
HB 219 regarding permits and fees for the construction of outer Continental
Shelf-related shore facilities.
City Manager distributed draft letter addressed to Chairman Colletta of
the Senate Special Committee on Alcoholism, commenting unfavorably
on the Governor's alcohol legislative package. Following discussion, Neve',
with Council consent, approved the City Manager's request to send the
letter and release it to the news media.
ELECTRIC DEPT:
City Manager reported on the past practices of the administration regarding
the installation of electric service to new customers, having the customer
initially pay for the cost of installation with the City reimbursing the
amount paid at the rate of a 10 percent reduction in the monthly utility
bill until the balance was paid. City Manager stated he felt the reimburse-
ment should be discontinued or the reduction rate increased, allowing a
higher percentage return per month. Following discussion, City Manager
stated he would talk to Chugach Electric Association to see how it handled
such matters and report back to Council at a later date.
\~
XIV.
JUNIOR MAYOR REPORT: None
XV. COUNCIL DISCUSSION:
A. Ordinance No. 406A regarding water and sewer lines was
continued.
WATERFRONT TRACTS: B. Gillespie stated he had been informed there were a number of
oil tanks which, during the 1964 earthquake, had sunk off the 7th Avenue beach
and asked how the Counci1members felt about making the Railroad salvage
them before they caused an oil spill. Bernard Hu1m and Emmitt Hill appeared
and stated the Corps of Engineers and the Alaska Railroad had charts on
exactly how much and what kind of oil was in the tanks and how fast they
were leaking, stating that the slow leakage presently taking place was
I" .
PAGE 33
REGULAR MEETING - MARCH 29, 1977
VOLUME 18
XV. COUNCIL DISCUSSION: (cont'd)
better than trying to lift out or drain the tanks in their current rusted
condition. Following discussion, Neve' requested the City Manager obtain
the report referred to by Hill from the Corps of Engineers.
JESSE LEE HEIGHTS: C. Mott referred to letter dated March 22, 1977, received from
the Order of Eastern Star requesting Council assistance in cleaning up
the cemetery. It was noted that Mott had been appointed as the Chairman
of a Cemetery Committee, as a previous Council meeting. Mott stated some
. funds would be requested during budget hearings for upkeep of the cemetery.
SP COM EVENTS: D. Mott referred to letter dated March 14, 1977, from Beverly
Dunham of The Print Shop, requesting Council support in planning for the
75th anniversary of Seward scheduled for 1978.
XVI.
CITIZENS' DISCUSSION:
ELECTRIC DEPT:
A. Herman Leirer appeared and explained that in the past a
deposit on the utility service being furnished to new customers was
required in order to guarantee that the City would have its investment
returned over a period of time. Carl Norman appeared and asked if a
performance bond could be required for a set number of years to take the
place of the cash outlay presently needed by someone requesting new
electrical service. Neve', with Council consent, asked the City Manager
to look into the performance bond aspect.
EXECUTIVE SESSION: It was moved by Neve', seconded by Mott and unanimously
carried by all those present to hold an executive session immediately
following the adjournment of the regular meeting in order to discuss the
Dresser Industries' lease of Lot 16, Seward Industrial Park and the City
Manager's three month probationary review.
XVII.
ADJOURNMENT:
I
"_:~,-;.'Y.;':?hlC::fRr~~~ was adjourned at 9:50 p.m.
-.
, "
~p ntle E. Shanley,'
C$,ty C1~rk-Treasur'er !'
'\ \ r" ~. ~
'(6"';, . . .'
(Ci't1t'Sea1),- i'
~!{~.~~~c~.~;y~; ,'., ,
PAGE 33
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:35 p.m. by Vice Mayor Hug1i.
II.
OPENING CEREMONY:
Counci1member Mott led the pledge of allegiance to the flag.
I
III.
ROLL CALL:
Present were: Vice Mayor Hug1i; Counci1members Gillespie,
Martin, Mott, 01dow and Vincent (Absent, with
Council consent, was Mayor Neve')
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by 01dow, seconded by Vincent and unanimously
carried by all those present to approve the minutes of March 29, 1977,
as written.
'}. '1
cI'
PAGE 34
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
V.
APPROVAL OF REGULAR MEETING AGENDA:
The following changes were made in the regular meeting agenda:
VIII. Citizens' Discussion: C. Frank Worcester claim against
City (added)
IX. Ordinances and Resolutions: B. Resolutions: 4. Proposed
Resolution No. 77-15 supporting the M/V TUSTUMENA (added)
XI. New Business: B. State Chamber of Commerce request that
City send delegate on trip to North Sea (added)
XV. Council Discussion: A. Ordinance No. 406A regarding water
and sewer lines (deleted)
COUNCILMEMBER GILLESPIE arrived at 7:38 p.m.
Following discussion, it was moved by Mott, seconded by Vincent
and unanimously carried by all those present to approve the regular meeting
agenda as amended.
VI.
BOROUGH ASSEMBLY REPORT:
COASTAL ZONE
MANAGEMENT:
City Manager stated the Kenai Peninsula Borough Assembly, at
its meeting of April 5, 1977, adopted an ordinance appropriating $10,000
to the City of Seward to be applied towards the Title IX grant fund~ to
be made available to the City by the State Department of Community and
Regional Affairs, in order to address oil related problems. He stated
due to this action he would withdraw his request of February 14, 1977,
for the appropriation of the needed funds.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
ALASKA, STATE OF: A. Edward McHenry, Fishery Biologist for the State of Alaska,
Department of Fish and Game, noted his letter dated April 4, 1977, request-
ing City approval for the placement of a trapping and short-term holding
structure at the North end of the Seward lagoon for coho salmon. He
spoke and answered questions on the preliminary plans and displayed maps
showing the approximate design and dimensions of the proposed structure.
In answer to a question from Hug1i, City Attorney stated if the land were
City property and if Council contemplated a lease or sale, a public hearing
would have to be held prior to disposal of the land. However, he further
stated, only a resolution would be required if the Council approved the
Fish and Game's placement of the structure on City property without
actually conveying the property to the Department. Following discussion,
it was moved by Gillespie, seconded by Vincent and unanimously carried
by all those present to direct the administration to go forth with the
necessary steps to issue the Fish and Game Department a use permit, or
whatever documents were necessary, to allow them to construct the trapping
and holding structure.
ABCB: B. Bernard Hulm appeared and spoke on behalf of Vasi1ios Maheras,
owner of the Pizza Apollo restaurant on 4th Avenue. It was noted that
the Council, at its meeting of March 29, 1977, had voted against
the Pizza Apollo's application before the Alcoholic Beverage Control
Board for a beer and wine license. Hu1m explained that Maheras had plans
to enlarge the structure, adding another room for adults having liquor
with meals but still keeping a separate room for families and younger
individuals. Gillespie commented on the large investment made by the owner
and stated the Council should not try to control the establishment's
clientele. Carl Norman of the Flamingo Lounge spoke against approval
of the license, citing that in the past Council had denied a similar
request made by the Fo'c'sle restaurant. In response, 01dow stated the
Council had denied the Fo'c'sle's application for a liquor license due
to its proximity to the Episcopal Church. Howard Young, minister of the
local Assembly of God church, spoke against another liquor license in the
community. Beverly Dunham stated she felt Council's reasoning in not
allowing Pizza Apollo a liquor 1icense1because of the few eating establish-
ments in Seward where young people could g~was not a valid argument; she
went on to cite the Fo'c'sle and Breeze Inn, both operating without a
liquor license because of past Council action. Dunham also spoke against
smoking in public buildings. Hu1m stated Council should differentiate
between bars serving only liquor and restaurants serving a drink with a
meal. Following discussion, it was moved by Gillespie, but died for lack
;. \ ~.
,; t}
PAGE 35
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
VIII.
CITIZENS' DISCUSSION:
(cont'd)
of a second, to reconsidered Council's action of March 29 and approve
the beer and wine license for the Pizza Apollo.
C ATTORNEY:
I
C. Frank Worcester appeared and commented on his accident with
a City grader on March 23, stating that he had received a letter from the
City Attorney dated April 7, 1977, offering $500 for settlement of the
claim. Worcester stated his bills amounted to approximately $1000 and
was requesting a more substantial settlement; however, he stated he would
accept Council's decision. City Attorney Jarrell read in full letter
dated April 7 which he had directed to Mr. Worcester, stating that the
City was not admitting liability for the damage, however, felt that $500
was a fair settlement. City Attorney further stated that Worcester's
10 year old van had a fair market value less than the amount being
claimed for repairs. In answer to a question from Gillespie, Police
Chief Bencardino stated that tickets were not issued to either driver
due to the difficulty of determining who was at fault. Following discussion,
it was moved by Vincent, seconded by Mott and unanimously carried by all
those present to allow Frank Worcester $750 for settlement of the claim.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading:
SMALL BOAT HARBOR: 1. Copies being available to the public, the City Clerk-
Treasurer read by title only proposed ordinance regarding the upland storage
of boats entitled:
An Ordinance Regulating the Upland Storage
of Boats, Amending Section 5-80.1 of the
Seward City Code
I
Harbor Commissioner Seaton appeared and spoke on how the Commission had
arrived at the $15 per boat per month fee and, in answer to a question
from Herman Leirer, stated the Commission had considered charging by the
boat length but that the capacity and maneuverability of the crane had
been the determining factor for charging each boat, whatever its length,
the same rate. Vincent stated he felt the ordinance should be posted at
the Harbor Master's building for public perusal. Beverly Dunham stated
that although the newspaper received the agenda too late for publication,
the radio did announce City Council and Commission agenda items and, if
people were interested, the information was available. Following discussion,
it was moved by Mott, seconded by 01dow and unanimously carried by all
those present to move Ordinance No. 432 to second reading.
STREETS,ROADS,HIGHWAYS:
Treasurer
entitled:
2. Copies being available to the public, City C1erk-
read by title only proposed ordinance requiring house numbers
An Ordinance Requiring the Numbering of
All Addresses Within the City of Seward,
Alaska
It was moved by 01dow, seconded by Mott and unanimously carried by all those
present to move Ordinance No. 433 to second reading.
BIDS, PURCHASING
AGENT:
3. Copies being available to the public, City Clerk-Treasurer
read by title only proposed ordinance regarding the purchase of used equip-
ment entitled:
I
An Ordinance Authorizing the City Manager
to Purchase Used Equipment Without Use of
Bid Procedure
City Manager Johnson explained the provisions of the ordinance. Following
discussion, it was moved by Gillespie, seconded by Mott and unanimously
carried by all those present to move Ordinance No. 434 to second reading.
TELEVISION STATION: 4. Copies being available to the public, City Clerk-Treasurer
read by title only proposed ordinance regarding television service fees
entitled:
An Ordinance Establishing a Monthly Service
Charge for Television Service
nr.
TELEVISION:
(cont'd)
BUDGET/
RESOLUTIONS:
BUDGET/
RESOLUTIONS:
C MANAGER/
RESOLUTIONS:
WATERFRONT TRACTS
(Ferry) /
RESOLUTIONS:
PAGE 36
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading:
(cont'd)
Vincent commented on the affect the $4 per month charge for television
service would have on older people with fixed incomes and requested an
amendment be made to the ordinance exempting individuals over 65 from
payment of the fee. City Manager explained the ordinance, if adopted,
would make mandatory a $4 per month fee whereas in the past a $2
voluntary fee was levied on the electrical bills. He further stated
the television service was currently operating approximately $10,000
in the red and if this amount could be paid up there was a possibility
of getting another station in the Seward area. City Manager further
stated the library would soon start operating the educational television,
Channel 7, for approximately five hours per day. Johnson stated as far
as he could determine, Seward was the only community in the State paying
its own way for television service and he was investigating the matter.
In answer to a question from Vincent, Johnson stated there was no way the
City could collect for those users in the Moose Pass area who were not
receiving their utilities from the City. Following discussion, it was
moved by Mott, seconded by 01dow and unanimously carried by all those
present to move Ordinance No. 435 to second reading. Vincent, with
Council consent, requested that before the ordinance was presented to
Council the second time that the amendment exempting senior citizens be
added.
B. Resolutions:
1. City Clerk-Treasurer read by title proposed resolution
amending the 1976-77 fiscal year budget entitled: (copies available to public)
A Resolution Amending the 1976-1977
Fiscal Year Budget as Set by Resolution
No. 949 and Amended by Resolution No. 77-9,
Transferring Appropriations Within Said Budget
City Manager stated the resolution was needed in order to transfer funds
from the City Council contingency fund to the City Manager's budget to
purchase the postage meter as approved by the Council at its meeting of
March 29. Following discussion, it was moved by 01dow, seconded by Gillespie
and unanimously carried by all those present to adopt Resolution No. 77-12.
2. City Clerk-Treasurer read by title proposed resolution
amending the 1976-77 fiscal year budget entitled: (copies available to public)
A Resolution Amending the 1976-1977 Fiscal
Year Budget and Set by Resolution No. 949
and Amended by Resolution Nos. 77-9 and 77-12,
Transferring Appropriations Within Said Budget
City Manager explained the resolution was needed to account for $9157 of
anti-recession funds which had been granted the City by the Federal govern-
ment. It was moved by Martin, seconded by 01dow and unanimously carried
by all those present to adopt Resolution No. 77-13.
3. City Clerk-Treasurer read by title proposed resolution
regarding the City Manager position entitled: (copies available to public)
A Resolution Setting the Term of Office and
Compensation for City Manager Clarence E.
Johnson
Following discussion, it was moved by Mott, seconded by 01dow and unanimously
carried by all those present to adopt Resolution No. 77-14.
4. City Clerk-Treasurer read by title proposed resolution
regarding the M/V TUSTUMENA entitled: (copies available to public)
A Resolution Supporting the Continuance of
Seward as the Home Port for the M/V TUSTUMENA
WATERFRONT
TRACTS (Ferry)/
RESOLUTIONS:
(cont'd)
I
WATERFRONT
TRACTS:
I
PERSONNEL:
O)DEVELOPMENT:
PAGE 37
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
B. Resolutions:
(cont'd)
City Manager stated this was one item is his continuing effort to keep
the TUSTUMENA in Seward. He further stated he had been notified the
previous week that the Alaska Railroad would no longer allow the ferry
to tie up at its dock unless it paid the same price as the Railroad
received from the mud boats. Following discussion, it was moved by
Gillespie, seconded by Martin and unanimously carried by all those
present to adopt Resolution No. 77-15.
X.
UNFINISHED BUSINESS:
A. The following items were noted as to the "old carpenter
shop" and adjacent land located in the Waterfront Tracts at the south
end of 4th Avenue:
A portion of the Harbor Commission minutes
of March 23, 1977, recommending continuing
the present use of the building as an up-
holstery shop on a monthly basis at $200
per month, with a 60-day notice period, and
the land to be leased for marine oriented
storage, also on a 60-day notice basis
A portion of the Planning and Zoning Commission
minutes of March 9, 1977, recommending continuing
the present use of the building as an upholstery
shop on a monthly basis at $200 per month, with
a 60-day notice period, and the land to be leased
for industrial purposes
A portion of the City Council minutes of February
28, 1977, directing the Planning and Zoning and
Harbor Commissions to review the use of the
building and land and make a recommendation
Gillespie stated he had attended a recent Planning and Zoning Commission
workshop, at which time the Commissioners were considering the shortage
of parking in the downtown core area and mention had been made to use of
the land in question as a parking lot. Planning and Zoning Commission
Chairman Leirer stated he did not feel the minutes properly reflected
the decision on use of the land and asked that the matter be tabled and
placed before the Commission again for further comment. Harbor Commissioner
Seaton stated he felt that the area needed to be used as a staging area
for the Fourth Avenue Dock. Following discussion, City Manager, with
Council consent, stated he would present the matter again to the Planning
and Zoning Commission before Council took any action on the matter.
RECESS: The meeting was recessed at 9:25 p.m.; reconvened at 9:35 p.m.
XI. NEW BUSINESS:
A. City Manager distributed draft copies of the Personnel
Regulations and asked that Council review the document before the next
meeting.
B. 01dow commented on the letter received from the State Chamber
of Commerce, requesting the City send someone with the delegation to the
North Sea in order to see, first hand, the impact from oil exploration
and production. City Manager stated the Chamber of Commerce had volunteered
to pay $500 towards the total trip cost, which was approximately $2000.
Herman Leirer appeared and spoke against sending someone on the trip
Following discussion, it was moved by 01dow, but died for lack of a second,
to send the City Manager on the trip to the North Sea.
XII.
CITY MANAGER REPORTS:
A. City Manager presented Vice Mayor Hug1i with a flag which
had flown over the Capitol in Washington D.C. on March 1, 1977.
<'l)
. /()
BIDS, PURCHASING
AGENT:
COASTAL ZONE
MANAGEMENT:
ELECTRIC DEPT:
PAGE 38
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
B. City Manager asked for approval to purchase a used
Caterpillar grader from the State at a cost of $8,000. Shop Foreman
Tex Ainsworth appeared and stated he had looked over the grader and
thought it was a good buy for the City. City Manager stated that funds
were available for the purchase of the equipment and that the amount
would be reimbursed with bond fund proceeds from the Jesse Lee Heights
project at a later date. Following discussion, it was moved by Mott,
seconded by Vincent and unanimously carried by all those present to
approve the purchase of the used grader at the price of $8,000, as
presented by the administration.
C. City Manager stated the Kenai Peninsula Borough Assembly,
at its meeting of April 5, 1977, adopted an ordinance appropriating
$10,000 to the City of Seward to be applied towards the Title IX grant
funds, to be made available to the City by the State Department of
Community and Regional Affairs, in order to address oil related
problems. He stated due to this action he would withdraw his
request of February 14, 1977, for the City appropriation of the needed
funds. He further commented on his Friday, April 8, meeting in Soldotna
regarding the Coastal Energy Impact Program and the meeting scheduled
in Anchorage for Tuesday and Wednesday, April 12-13, on the same subject.
D. City Manager stated he had met with Bud Schultz of Chugach
Electric Association (CEA) and stated that CEA had met most of the terms
of the contract agreement regarding improvements on the system and, in
fact, had spent $169,000 for improvements at Mile 7y, and the Daves Creek
station. City Manager further stated he had accepted CEA's proposal
that one of their engineers come to Seward and give the City advice on
the electrical utility. In closing, City Manager stated he was sure
that the City would receive power from CEA but the price had not yet been
determined.
PARKS & RECREATION: E. Letter dated March 30, 1977, from the Central Peninsula
Parks and Recreation Council (CPPRC) regarding a proposal to organize
a coalition of recreational oriented groups throughout the Peninsula,
was distributed. City Manager, with Council consent, recommended that
the City inform CPPRC that they were not interested in participating in
the program at this time.
COASTAL ZONE
LEG REPS:
XIII.
LEGISLATIVE REPORT:
MANAGEMENT/ Administrative Assistant Schaefermeyer appeared and stated he
had been contacted by representatives of the Alaska Coastal Management
Program and they l1ad requested approval to conduct a workshop in Seward
on Tuesday, May 24. Schaefermeyer distributed copies of the Sitka work-
shop evaluation and agenda and recommended, with Council consent, that
scheduling of the workshop be approved.
Schaefermeyer reported on SB 149, "An Act Relating to the Tax
on Motor Fuel for Watercraft; and Providing for an Effective Date" and
distributed a letter the administration proposed to send in response to
a letter received from Representative Charles H. Parr regarding the bill.
No objection was voiced to the letter.
Schaefermeyer further reported on the following bills:
HB 219 - "An Act Providing for Permits and Fees for the
Construction of Shore Facilities Associated with Outer
Continental Shelf Natural Resource Extraction; and
Providing for an Effective Date"
SB 241 - "An Act Relating to Selection and Transfer of
State Land to Municipalities; and Providing for an
Effective Date"
Following discussion, Schaefermeyer recommended the City
not comment on the bill at this time.
SB 249 - "An Act Relating to Suits Against Local Govern-
ments; and Providing for an Effective Date"
Schaefermeyer stated the administration had sent a
telegram to the representatives, indicating support of
the measure.
c:q
'f,f
PAGE 39
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
XIII.
LEGISLATIVE REPORT:
(cont'd)
LEGISLATIVE REPRESENTATIVES:
(cont'd)
CSHB 83 - "An Act Relating to Proposed Boundary
Changes and Procedures of the Local Boundary
Commission"
Schaefermeyer stated a letter had been sent to
Representative Specking objecting to the bill and
read the letter dated April 7, 1977, in full.
I
SB 179 - "An Act Forgiving Amounts Owed by Political
Subdivisions for Judicial Services; and Providing
for an Effective Date"
HB 424 - "An Act making a Special Appropriation to
Political Subdivisiorsof the State for Reimbursement
of Payments Made After July 1, 1975, for Judicial
Services; and Providing for an Effective Date"
Schaefermeyer stated if HB 424 passed, it would provide
for a refund of $6580 to the City of Seward for past
payment made for judicial services.
XIV.
JUNIOR MAYOR REPORT: None (Junior Mayor Anderson excused)
xv.
COUNCIL DISCUSSION:
A. Vincent stated a public hearing had been scheduled for May
9 on the sewage disposal treatment facility and recommended that at least
two Counci1members discuss the plans on the radio for the public's benefit.
City Manager, with Council consent, recommended a work session be scheduled
for April 20, 1977, at 7:00 p.m. in order to discuss the sewage treatment
plant before the May 9 public hearings.
I
B. Vincent asked the Counci1members draw up some questions
which needed to be asked and answered before the May 24 Coastal Energy
Impact Program workshop and, with Council consent, requested the item
be included on the April 20 work session agenda.
C. Martin requested a status report on the Dresser lease and
City Manager stated he and the City Attorney had worked on the lease
agreement and had sent the document to the Dresser organization for sign-
ing and to be returned to the City by May 1.
HARBOR:
D. 01dow stated at a previous meeting the Council had been
presented with an opportunity to obtain a boat from the State and asked
Council to reconsider its previous action to reject acceptance of the
vessel. Harbor Commissioner Seaton appeared and stated that a twin
engine, 40 foot vessel could not adequately maneuver in the harbor
area and, with the high maintenance costs involved, recommended the City
not take ownership of the vessel. He further commented that the Skill
Center had a 32 foot, single engine boat which the City could use. Police
Chief Bencardino appeared and stated the boat would be an asset to the
Police Department. Following discussion, it was moved by 01dow, seconded
by Mott but did not carry as follows to accept the boat as offered by the
State:
Ayes:
Noes:
Absent:
Mott and 01dow
Gillespie, Hugli, Martin and Vincent
Neve'
WATERFRONT TRACTS
I (Ferry):
E. Hug1i request further explanation of the conflict between the
M/V TUSTUMENA and the Alaska Railroad. In response, City Manager stated
that in the past Northern Stevedoring and Handling Corporation (NSHC) had
paid the costs of moving the ferry from the Fourth Avenue Dock to the Rail-
road dock but last week the City had been informed by NSHC that the Railroad
dock would no longer accommodate the ferry unless it paid the same rates as
received from the mud boats. City Manager explained that during inclement
weather and heavy winds the ferry could not lay at the Fourth Avenue dock
and, therefore, one evening during the past week the ferry had to anchor
out at Thumb's Cove. City Manager further stated he was investigating the
possibility of entering into a joint venture with the Ferry System for
the construction of a North-South dock and would report to Council at a
later date. Hug1i, with Council consent, requested the City Manager
further investigate the conflict and make the City's position in support
I, (, )
"
WATERFRONT
TRACTS
(Ferry):
(cont'd)
LOWELL POINT:
ELECTRIC DEPT:
PAGE 40
REGULAR MEETING - APRIL 11, 1977
VOLUME 18
xv.
COUNCIL DISCUSSION: (cont'd)
of the ferry well known to all parties involved. He further requested
that the item of the M/V TUSTUMENA appear on the next Council agenda.
XVI.
CITIZENS' DISCUSSION:
Beverly Dunham appeared and requested a member of Council
attend a meeting to be held Tuesday, April 12 at 7:00 p.m. at the high
school regarding plans for Seward's 75th anniversary celebration.
01dow stated although she could not attend Tuesday's meeting she
would be an active participant in the planning.
Herman Leirer commended the Council on its action denying
the request to send the City Manager on a trip to the North Sea
and also rejecting the offer by the State of the 40 foot boat.
Vincent stated the Chamber of Commerce was going to place a
plaque at the foot of the Lowell Point Diversion Tunnel, giving the
history of the first flood control project completed by the Corps of
Engineers in the State of Alaska.
Carl Norman appeared and spoke on the power fluctuations
which had occurred throughout the day and stated that the Louisiana
Pacific chipper motor had been in operation. He further stated he had
expensive electrical equipment which would be ruined if the power
fluctuations continued. Gillespie stated various members of the Council
had been informed that when LPreopened the mill that the chipper would
not be in operation. Herman Leirer appeared and stated that L~ was using
an underpowered motor which was causing the drain on the City electrical
system. Gillespie stated the City could not afford to run the generator
at an approximate cost of $500 per day just so LP could operate its
chipper motor. Following discussion, Hugli, with Council consent,
directed the City Manager to discuss the problem with LP administration
and find out how many days they planned on continuing operation of the
chipper and see if some agreement could be reached.
Tom Taggart appeared and asked if the City had issued a
blasting permit for work on the East side of Resurrection Bay near
the Fourth of July Creek area. City Manager replied in the negative.
Beverly Dunham appeared and complimented the City Manager on
the job he was doing but felt that too many executive sessions were being
held and specifically cited negotiations on the Dresser lease. City Manager
and City Attorney spoke on the lease negotiations, stating that the admin-
istration was acting under a resolution passed by the Council in December
of 1976 which authorized the City Manager to negotiate a lease agreement with
Dresser Industries, Inc, for Lot 16 in the Seward Industrial Park
Subdivision. He further stated that if the lease was signed by Dresser
it would then have to be considered during a public hearing, at which
time citizen input would be received. Harbor Commissioner Seaton
appeared and stated that if Dresser had already signed the lease it
would be hard for citizen input to be considered "after the fact" and
stated that the same situation had occurred previously when the Harbor
Commission had tried to change certain aspects of the first lease
agreement. City Attorney confirmed that the second lease agreement had
incorporated most of the original Harbor Commission recommendations.
XVII.
ADJOURNMENT:
The meeting was adjourned at 11:36 p.m.
~
/
(,~
I
I
PARKS &
RECREATION:
I
PAGE 41
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order at
7:31 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Counci1member Vincent led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Hug1i, Martin,
Mott, Oldow and Vincent
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Hug1i and unanimously carried
to approve the minutes of April 11, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager, with Council consent, made the following additions to
the regular meeting agenda:
VIII. Citizens' Discussion: C. Larry Potts' presentation
on Little League
XII. City Manager Reports: D. Seward Clean-up
E. Dresser Industries
It was moved by Hug1i, seconded by Vincent and unanimously carried to approve
the regular meeting agenda as amended and the consent calendar as presented
and the following actions were taken:
1. City of Seward Accounts Payable for April, 1977, was
approved and filed.
2. City Attorney's bill for March, 1977, in the amount of
$4,779.26, was approved for payment.
3. Senior Citizens' application to the State Department of
Revenue for a permit to conduct raffles and lotteries
was approved.
VI.
BOROUGH ASSEMBLY REPORT:
01dow gave Kenai Peninsula Borough Assembly report for April 19, 1977.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
A. Don Follows, Interpretive Planner for the National Park Service,
Alaska Area Office, appeared and spoke on the D-2 land selection process,
specifically the Harding Icefield-Kenai Fiords National Monument proposal, and
encouraged supportive local representation at the public hearing to be held in
August in Anchorage. Follows further stated members of Congress would be in
the area for the hearings and encouraged Seward to invite the various members
to meet with representatives of the City "since Seward has a direct say in what
is going to happen here." Follows stated for the past yea, and' one-half he
had been investigating the allegations made in City of. Seward ,Re~olutiori No.
935, "A Resolution Reaffirming Our Original Stand in Opposition to 'the Harding
Icefie1d/Kenai Fjords National Monument Proposal" and stated he could find no
facts to support the statements made in the resolution.
Bernard Hu1m appeared and spoke against the Park Service proposal
for the Harding IceFie1d-Kenai Fiords area and stated past Councils had supported
the Seward National Recreation Area rather than the Park Service's proposal and
hoped that the present Council would continue in the same manner. Hu1m stated
that whereas the Park Service would provide only a single use of the area, the
Forest Service was mandated to provide for multiple uses and he supported the
latter plan. Hu1m further spoke against the manner in which the City of Seward
had been approached by the Park Service and asked why a public hearing on the
. .,
..t. ._,
PAGE 42
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
VIII.
CITIZENS' DISCUSSION:
(cont'd)
PARKS &
RECREATION:
(cont'd)
proposal had not been scheduled for Seward. Follows responded:
Because Resolution No. 935 closed the door on the
City of Seward. When you come out negatively and
say you want no part of the action, then later on
you can't come out and demand part of it. The
decision for the land here has been thrown into
the Lower 48 and that is why I would encourage this
Council to open the door again so that they do have
input and I will be glad to get that input in between
now and next Winter if you so desire. But, right
now, that resolution is on the books. I turned it
in myself and they are responding to it.
ELECTRIC DEPT/ B. Oscar Bailey appeared and spoke against the City's electrical
C ATTORNEY: cutoff policy, specifically as it concerned the recent cutoff on the Robert
Ho1mstrand residence. Bailey explained that the Ho1mstrands had left the
area and, before leaving, had requested a vacation rate on their electrical
service. He stated that although only minimum electricity had been used in
the vacant home, the 30 kw per month as allowed under the vacation rate had
been exceeded and, therefore, Ho1mstrand's had been treated as regular,
residential customers and charged for water and television in their absence.
Bailey stated the Ho1mstrand's had informed the cashier-receptionist at the
City utility desk of their departure from the area and no mention had allegedly
been made about paying in advance for the expected length of absence. However,
upon non-payment of the bill in a timely manner the electricity and water had
been turned off and the house had sustained water damage from a broken pipe
in the approximate amount of $220.61. Bailey further spoke against the $20
turn-on fee which was required before electrical service would again be
supplied to the residence. In conclusion, Bailey requested that the water
and television charge, as well as the $20 turn-on fee, be removed from the
bill and that the City, in addition, cover partial payment of the water damage.
Bailey stated he based his claim on the City's past policy of allowing people
to leave town for a period of time and to pay up the electricity bill upon
return.
City Manager reviewed the sequence of events as recorded by
the cashier-receptionist and reviewed the City policy, stating that people
leaving town for more than a month should pay their expected utility bills
in advance. Following discussion, Neve', with Council consent, stated that
the City would have to deny Bailey's claim based on the City's policy as set
forth by the City Manager. In answer to a question from Bailey regarding
water turn-off in areas of the City, City Manager stated he would check to
see if it was the City's policy to notify customers in a specific area when
the water supply was going to be shut off for repair purposes.
PARKS &
RECREATION:
C. Larry Potts appeared and stated that the Little League for boys
and girls was being formed for the summer but umpires were still needed. He
requested that space be made available in the Ci~Hal1 building for displaying
the Little League trophys. He further requested that the area of the Little
League field along Fourth Avenue be graded in order to allow the proper eleva-
tion to enable people sitting in their cars along the street to see
over the south fence. City Manager, with Council consent, stated he would
work with Potts on the requests. He further suggested, with Council consent,
that the earthquake pictures be removed from the City Hall foyer and placed
in the museum in order to make room for the Little League trophies.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading:
PLANNING &
ZONING:
1. Copies being available for the public, City Clerk-Treasurer
read by title only proposed ordinance regarding zoning within the City of Seward
entitled:
An Ordinance Establishing a Zoning Plan for
the City of Seward, Alaska
. n
'1 ')
PAGE 43
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
A. Ordinances for First Reading: (cont'd)
I
City Manager spoke and answered questions on the condensation of the zoning
ordinance as prepared for the City by the Borough and stated that the Planning
and Zoning Commission had been working on the document for years. Gillespie
voiced objection to Section 21.42.15 which restricted spot zoning. Neve',
with Council consent, requested a workshop be scheduled to review the ordinance
before its second reading. In answer to a question, City Manager stated the
issue of 30 foot lots, as well as parking requirements, would be two sections
added to the zoning ordinance at a later date. Following discussion, it was
moved by Hug1i, seconded by Mott and unanimously carried to move Ordinance No.
436 to second reading.
PLANNING &
ZONING:
(cont'd)
B. Ordinances for Second Reading:
SMALL BOAT HARBOR: 1. Copies being available for the public, Neve' read by title
only proposed ordinance setting the fees for the upland storage of boats
entitled:
An Ordinance Regulating the Upland Storage
of Boats, Amending Section 5-80.1 of the
Seward City Code
It was moved by Mott, seconded by Martin and unanimously carried to move
Ordinance No. 432 to third reading.
STREETS, ROADS, 2. Copies being available for the public, Neve' read by title
HIGHWAYS: only proposed ordinance requiring house numbers entitled:
An Ordinance Requiring the Numbering of All
Addresses Within the City of Seward, Alaska
I
It was moved by Oldow, seconded by Vincent and unanimously carried to move
Ordinance No. 433 to third reading.
BIDS, PURCHASING 3. Copies being available for the public, Neve' read by title
AGENT: only proposed ordinance regarding the purchase of used equipment entitled:
An Ordinance Authorizing the City Manager to
Purchase Used Equipment Without Use of Bid
Procedure
It was moved by Martin, seconded by Mott and unanimously carried to move
Ordinance No. 434 to third reading.
TELEVISION:
4. Copies being available for the public, Neve' read by title
only proposed ordinance regarding television service fees entitled:
An Ordinance Establishing a Monthly Service
Charge for Television Service
I
City Manager noted that Paragraph "(c)" had been added to the ordinance,
exempting residential customers over the age of 6~ as requested by Vincent
at the April 11 meeting. In answer to a question from Vincent, City Attorney
confirmed that the ordinance was legally sound. Gillespie commented on enforce-
ment of the ordinance and Hugli stated that the simplest way to enforce the $4
per month fee would be to shut off the other City Services, i.e. electricity,
if payment of the television service charge was not made. Following discussion,
it was moved by Mott, seconded by Martin and unanimously carried to move
Ordinance No. 435 to third reading.
C. Resolutions: None
x.
UNFINISHED BUSINESS:
WATERFRONT
TRACTS:
A. The following items were noted as to the "old carpenter shop"
and adjacent land, known as Tract 2, Seward Waterfront Tracts:
A portion of the City Council meeting minutes
of February 28, 1977, directing the Planning
and Zoning and Harbor Commissions to review the
use of the building and land and make a recommenda-
tion
,1 ·
"t-.i-
PAGE 44
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
x.
UNFINISHED BUSINESS:
(cont'd)
WATERFRONT TRACTS:
(cont'd)
A portion of the Planning and Zoning Commission
meeting minutes of March 9, 1977, recommending
the present use of the building as an upholstery
shop be continued on a monthly basis and the acreage
be leased for industrial purposes
A portion of the Harbor Commission meeting
minutes of March 23, 1977, recommending the
present use of the building as an upholstery
shop be continued on a monthly basis at $200
per month, on a 60-day notice basis, and that
the land be leased for marine oriented storage,
also on a 60-day notice basis
A portion of the Planning and Zoning Commission
meeting minutes of April 13, 1977, at which time
the Commission rescinded its recommendation of
March 9, 1977, and jnstead recommended the City
retain the land for future off-street parking, but
that it be leased on a short term, 60-day notice
basis to a suitable party until the parking plan
was complete
City Manager, with Council consent, stated the item was presented for Council
information only and he would handle rental of the property as recommended.
ABC B:
B. The following items were noted as to the Pizza Apollo restaurant's
appeal of Council's earlier decision to deny its application for a beer and wine
license:
Pizza Apollo restaurant preliminary plans for
an added room in which to serve beer and wine
Petition bearing 264 signatures, received April
29, 1977, in support of the beer and wine license
application of Pizza Apollo
Alcoholic Beverage Control Board's letter of
April 21, 1977, stating that an Administrative
Procedures Act hearing would be held on the
matter of the denied liquor license request
Alcoholic Beverage Control Board's letter of
April 22, 1977, requesting that the City provide
a statement of issues for denial of the applica-
tion in order that the Board could proceed with
the hearing process
Petition bearing 11 signatures, received April
25, 1977, opposing the granting of a beer and
wine license to the Pizza Apollo
City Attorney spoke and answered questions on the various types of liquor
licenses issued and stated that the requested beer and wine license for the
Pizza Apollo met the legal population criteria as set for Seward. Following
discussion, it was moved by Gillespie, seconded by 01dow and carried as
follows to rescind the previous action of Council (see Minutes of March 29,
1977) and approve the beer and wine license for the Pizza Apollo:
Ayes:
Noes:
Absent:
Gillespie, Neve', 01dow and Vincent
Hug1i, Martin and Matt
None
RECESS:
The meeting was recessed at 9:05 p.m.; reconvened at 9:18 p.m.
PROC &
TRIBUTES:
TRIBUTE: Neve' presented past Counci1member Bernard C. Hu1m with a plaque of
appreciation for the years Hulm had served on the Council. Applause
followed.
PAGE 45
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
XI.
NEW BUSINESS:
C ATTORNEY: A. The following items were noted as to the Alaska Sea Products, Inc.,
claim for damages in the amount of $935.00 for alleged equipment damage during
a power fluctuation on November 15, 1976:
I
Alaska Sea Products, Inc., letter of April 2,
1977, and attached estimate from Commercial
Maintenance Company regarding the claim for
the replacement of a refrigeration compressor
A portion of City Code Section 2-5
City Manager spoke and answered questionson the claim, stating that
records did not indicate a power fluctuation on November 15, 1976.
read a portion of City Code Section 2-5, as follows:
the City
City Attorney
This City shall not be liable in damages for injury
to person or property by reason of negligence of the
City unless within sixty days after such injury
occurred the person damages or his representative
causes written notice to be served upon an officer
of the City on whom process may be served by law.
. . . . . . . . . .
Failure to give notice of injury or present a claim
within the time and in the manner provided shall bar
any action upon such claim.
An unidentified gentleman appeared, representing Alaska Sea Products, Inc., and
Secretary-Treasurer Cy Randall, and stated he was not sure that November 15, 1976,
was the exact date of the power fluctuations which caused the damage to the
compressor unit. Following discussion, City Attorney, with Council consent,
recommended denial of the claim.
I
SCHOOLS: B. Seward Community Education Council (SCEC) letter of April 7, 1977,
requesting Council's support of its efforts to retain the Seward High School as
a community center facility was noted. Following discussion, 01dow, with Council
consent, requested the administration forward a letter supporting the SCEC's
efforts to the Kenai Peninsula School Boar~prior to its May 2 meeting.
XII. CITY MANAGER REPORTS:
C COUNCIL: A. City Manager reminded Council of the work session scheduled for
Tuesday, April 26, 1977, at 7:30 p.m. in the Council Chambers regarding Personnel
Regulations.
BUDGET:
L PACIFIC/
ELECTRIC
DEPT:
I
B. City of
1977, was presented.
the item be continued
Seward Budget Report for the third quarter ending March 31,
Following discussion, Hugli, with Council consent, requested
to the May 9 agenda for further discussion.
C. City Manager stated he had been investigating the operation of the
Louisiana Pacific chipper motor as it had been affecting the City electrical
supply. He cited the October 1976 report received from R.W. Beck which analyzed
the City's power fluctuations and concluded that the fluctuations were due solely
to the LP chipper motor. City Manager read in full a letter he proposed to send
to Mr. Knauf of LP, setting forth certain actions to be taken by the company in
order to alleviate the drain on the electrical supply. Larry Potts of LP appeared
and stated that although he had not seen the R.W. Beck report, he did not feel
the chipper motor was the only cause of the problem with the City electric supply,
stating that even when the chipper motor was not in operation the City experienced
power fluctuations. City Manager stated the City could not afford to operate the
generator at approximately $500 per day just to control the power fluctuations
which had been attributed to the LP chipper motor operation. In answer to a
question from Hug1i, Potts stated the mill planned to operate the chipper for
approximately two more months on alternating shifts with the sawmill. Following
discussion, City Manager, with Council consent, requested authorization to send
the letter he read, along with a copy of the latest R.W. Beck report, to LP and
request a response as soon as possible.
lG
SPECIAL
EVENTS:
INDUSTRIAL
PARK SUB:
WATER DEPT:
C Z M:
PAGE 46
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
XII. CITY MANAGER REPORTS:
COMMUNITY D. City Manager stated he had been informed that in the pas~ the month
of May had been designated as "Seward Clean-Up Month" and asked if Council wanted
to proceed in the same manner this May of making City trucks available for the re-
moval of rubbish throughout the City. Counci1members answered in the affirmative
and the City Manager was requested to contact the Chamber of Commerce and the
Jaycees for coordination of the event.
E. Administrative Assistant Schaefermeyer read in full April 25, 1977,
letter City Manager proposed to send to Glenn Pat~Manager of Dresser Industries,
Inc., regarding the Dresser lease of Lot 16, Seward Industrial Park. City
Manager and City Attorney spoke and answered questions on the latest lease
document which had been sent to Dresser for signature. Neve' congratulated
the City Attorney on the quality of the revised lease. City Manager stated
that since no objection was voiced he would send the letter, as read, to
Dresser Industries.
F. City Manager stated he had received a request from a Council-
member to investigate the water fees being received from the 4th Avenue and
Alaska Railroad docks and stated he was working with Northern Stevedoring
and Handling Corporation and the Railroad and would soon be receiving reports
on a regular, monthly basis.
G. City Manager stated he had been appointed to the Commission to
develop a formula for the Coast Energy Impact funding for the State.
SMALL BOAT HARBOR: H. City Manager stated he had been reassured by Senator Clem Ti11ion
that even though $250,000 appropriated for the Seward Small Boat Harbor had been
removed from the Senate budget, that amount would be reinstated before the
budget was approved.
LEG REPS:
LEG REPS:
LEG REPS:
PARKS &
RECREATION:
I. City Manager stated the Coastal Zone Management bill had passed
the House and was now before the Senate.
J. City Manager stated Senate Bill 249 regarding city liability was
on the Governor's desk for signature.
XIII.
LEGISLATIVE REPORT:
Administrative Assistant Schaefermeyer appeared and reported on the
following bills:
SB 149 - "An Act Relating to the Tax on Motor Fuel for
Watercraft; and Providing for an Effective Date"
SB 241 - "An Act Relating to Selection and Transfer of State
Lands to Municipalities; and Providing for an
Effective Date"
HB 83 - "An Act Relating to Proposed Boundary Changes and
Procedures of the Local Boundary Commission"
HB 424 - "An Act Making a Special Appropriation to Political
Subdivision of the State for Reimbursements of Payments
Made After July 1, 1975, for Judicial Services; and
Providing for an Effective Date"
SB 321 - Motor Vehicle Code - Schaefermeyer stated that
although the bill would not be adopted this session,
he felt the City should take a close look at its
applicability to the Seward City Code.
Administrative Assistant Schaefermeyer stated he had strong reserva-
tions with some of the information as presented earlier than evening by Don
Follows of the National Park Service. He stated that during his employ with
Senator Stevens he had been closely involved with the proposal and stated that
the Park Service was, in affect, lobbying the Alaska public for support of its
;,7
'l
PAGE 47
REGULAR MEETING - APRIL 25, 1977
VOLUME 18
XIII.
LEGISLATIVE REPORT:
(cont'd)
I
governmental policies. He stated that unfortunately the City of Seward had
received input from the Park Service because of the large budget of the
department; however, the Forest Service did not have a budget which would
allow it to proceed in the same manner with its land use proposals. Schaefermeyer
stated he objected to Follows' comments on City of Seward Resolution No. 935
and stated that the City, even though opposing the Harding Icefie1ds-Kenai
Fiords proposal, still had a direct line of communication with the Congress
and Follow's statement had been unfortunate and that of misinformation.
PARKS &
RECREATION:
(cont'd)
Regarding the Seward National Recreation bill, Schaefermeyer stated the
Forest Service had been restricted from presenting its proposal to the Congress
by the Office of Management and Budget and he further stated that the Seward
National Recreation area was still very much a part of the D-2 land issue.
Neve' requested Schaefermeyer prepare a written statement of his comments in
the form of a Letter to the Editor of the Phoenix Log and Anchorage Times.
XIV.
JUNIOR MAYOR REPORT:
A. Junior Mayor Anderson stated that next year the Junior Mayor
position would be replaced by a parliamentarian.
SPECIAL COMMUNITY B. Anderson stated the Student Council would like permission to
EVENTS: hold a bike race the first couple of weeks in May and stated that a specific
date had not yet been set. Martin stated problems arose in the past due to
downtown business traffic being restricted by the bicycles on 4th Avenue.
Neve', with Council consent, directed the Student Council to go ahead with
their plans but to look at 7th Avenue, instead of 4th Avenue, as the starting
point for the race.
xv.
COUNCIL DISCUSSION:
A. Mott asked to be excused from the Tuesday, April 26 work session.
I
PARKS & RECREATION/ Herman Leirer appeared and spoke against the Park Service's proposal
S B HARBOR: regarding the Harding Icefie1d-Kenai Fiords National Monument/Park and stated
the department had been against development of the Resurrection River Road to
Exit Glacier. Leirer further commented on Ordinance No. 432, stating he wanted
again to object to the rate for storing of boats on the uplands being based on
a per boat instead of per foot rate.
XVI.
CITIZENS' DISCUSSION:
TELEVISION: Oscar Bailey appeared and stated that Moose Pass television viewers
should be charged for the service as well as the Seward and surrounding area
residents. City Manager stated if he knew of a way to collect from the Moose
Pass people he would but since they did not receive their electricity from the
City there was no way to levy the fee. In answer to a question from Bailey,
Mott explained that the 10 percent extra charge on the electrical billings for
those living outside the City limits was due to the extra cost for service in
the outlying areas.
ABC B: Paul McCarty appeared and spoke against the Council's earlier action
that evening, approving of the beer and wine license for Pizza Apollo.
XVII.
ADJOURNMENT:
The meeting was adjourned at 11:28 p.m.
I
~~ve~-rV-w^
Mayor
"--,"1 rf OF f>.U- ~,.-;iY
"- ~~y..,"C'1."
.,.. " 1--
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L, "
PAGE 48
REGULAR MEETING - MAY 9, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:30 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Neve' led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Neve'; Councilmembers Gillespie, Hug1i, Martin
Mott, *Oldow and Vincent
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Martin and unanimously carried
by all those present to approve the minutes of April 25, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager, with Council consent, added the following items to
the regular meeting agenda:
IX. Ordinances and Resolutions: A. Ordinances for First Reading:
1. Proposed Ordinance No. 437 regarding personnel regulations
for City employees
D. Resolutions:
1. Proposed Resolution No. 77-16 authorizing an agreement
with General Telephone of Alaska
2. Proposed Resolution No. 77-17 requesting the Kenai
Peninsula Borough Assembly rescind its action regarding
the 1977-78 school budget
COUNCILMEMBER OLDOW ARRIVED AT 7:30 PM
It was moved by Mott, seconded by Martin and unanimously carried
to approve the regular meeting agenda as amended and the consent calendar as
presented and the following action was taken:
WATERFRONT TRACTS:
1. Harbor Commission motion of April 27, 1977, requesting
Council retain vacant property in Tract 2, Seward Water-
front Tracts, as a marine-oriented staging area for the
Fourth Avenue Dock, was received for Council information
and filed.
VI.
BOROUGH ASSEMBLY REPORT:
BEAR CREEK
AREA:
Oldow gave Kenai Peninsula
In answer to a question from Vincent,
station and related facilities in the
to approximately $130,000 or 6 mils.
Borough Assembly report for May 3, 1977.
01dow stated the funding for the fire
Bear Creek Fire Service Area amounted
VII.
PUBLIC HEARINGS:
SEWAGE TREATMENT: A. Public Hearing was opened on the proposed Wastewater Reclamation
System Facility Plan, Environmental Protection Agency (EPA) Project C020051.
Public Hearing notice published in the local newspaper for six consecutive
weeks, beginning March 31, 1977, through May 5, 1977, was noted. Sid Clark of
Arctic Environmental Engineers (AEE) appeared and distributed May 9, 1977,
"Revised Summary, Conclusions, Recommendations and Implementation Schedule" for
the sewage treatment facility, recommending the Lowell Point site for construction
of an aerated lagoon. Clark further recommended as the community's second alterna-
tive the North Airport site aerated lagoon and spoke on the comparative cost
figures of the two sites. He stated that since AEE's recommendation had been
,)
PAGE 49
REGULAR MEETING - MAY 9, 1977
VOLUME 18
VII.
PUBLIC HEARINGS:
(cont'd)
SEWAGE amended, he had called an EPA representative regarding the lack of an environmental
TREATMENT:assessment on the Lowell Point site. He recommended that Council continue the
(cont'd) public hearing to June 13, 1977, to allow a full 30-day notice period, in order
to avoid possible conflicts in the future. In answer to a question from Gillespie,
Clark stated that AEE recommended the force main to Lowell Point, to be constructed
by blasting a trench along the roadway and shallow burying of a polyethylene pipe,
rather than the alternate possibility of a deep water line. He further stated
that due to the fact that the aerated lagoon had very low maintenance features
I it would not be necessary for personnel to be at the lagoon on a daily basis and,
thus, he felt the City would not have to concern itself with maintenance of the
roadway. Vincent asked Clark if it would be wiser to play the sewage treatment
facility at the North end of town since it was presupposed that most of Seward's
future growth would be in that direction. In answer, Clark stated that even
though it would cost up to a few thousand dollars more per year for pumping to
the Lowell Point location, he felt it was still the most advantageous site.
Dan Crevensten, Environmental Engineer, U.S. Environmental Protection
Agency, stated the EPA required secondary sewage treatment by July 1, 1977,
and that EPA had to enforce these regulations. He further stated that although
it was apparent that Seward could not complete this secondary treatment facility
by the deadline date, an agreement from Seward which would commit the City to the
construction of the facility would probably be required.
Keith Kelton, Department of Environmental Conservation in Juneau,
stated that the State had reviewed the two recommended proposals and found both
of them practical and suitable under the EPA grant program. He further stated
funds were presently available for the design phase of the facility plan.
Pat Williams appeared and asked if AEE had considered 40 acres of City
land located north of the cemetery for placement of the sewage treatment facility
and, in response, Clark stated that there were some legal questions regarding the
use of the land for other than a cemetery reserve.
I
MOTT left the Chambers at 8:13 p.m.; returned at 8:20 p.m.
01dow asked if individuals over 65 years of age would be exempt from
the assessment fees and Clark stated it would be up to the community to decide
on such exemptions. Karen Swartz spoke in favor of granting the exemption to
senior citizens.
In answer to a question, Realtor Dick Erickson appeared and stated
that he felt that an electrical line to the Lowell Point area would not be the sole
consideration of individuals planning on building homes in the area, although he
felt electrical service would enhance more rapid construction of residences on
the Point.
No one else appeared in order to be heard and, Neve', with Council
consent continued the public hearing to the June 13, 1977, meeting.
PROCLAMATIONS:
PROC & TRIBUTES: City Clerk-Treasurer read in full proclamation of the City of Seward
declaring Mayas "Cleaner Seward Month". It was moved by 01dow, seconded by
Gillespie and unanimously carried to approve the proclamation as read.
Vincent requested the administration publicize the proclamation widely
and continuously remind the citizens of Seward of the effort to clean up the
area through the month of May.
PROC & TRIBUTES/
I C CLERK: City Clerk-Treasurer read in full proclamation declaring May 9 - 15
as "Municipal Clerks' Week". It was moved by Vincent, seconded by 01dow and
unanimously carried to approve the proclamation as read.
VIII.
CITIZENS' DISCUSSION:
None
fJ)
."
PAGE 50
REGULAR MEETING - MAY 9, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for First Reading:
PERSONNEL/
ORDS: title only
entitled:
1. Copies being available for the public, City Clerk read by
proposed ordinance regarding personnel regulations for City employees,
An Ordinance Repealing Chapter 17 of the Code
of the City of Seward and Establishing a New
Chapter 17 as a Personnel Ordinance for the
City of Seward, Alaska
Vincent stated he would have to vote against the ordinance because "if it wasn't
adopted under duress, it certainly was under intimidation, " referring to the
presence of approximately ten employees from one department at tne
time Council discussed the document. Oldow agreed that she objected to the
personnel regulations being discussed in public. Following discussion, it was
moved by Hug1i, seconded by Mott and carried as follows to move Ordinance No. 437
to second reading:
Ayes: Gillespie, Hug1i, Martin, Mott, Neve' and Oldow
Noes: Vincent
Absent:None
RECESS: The meeting was recessed at 8:40 p.m.; reconvened at 8:50 p.m.
B. Ordinances for Second Reading:
PLANNING & ZONING/ 1. Copies being available for the public, City Clerk read by
ORDS: title only proposed ordinance regarding zoning within the City of Seward, entitled:
An Ordinance Establishing a Zoning Plan for
the City of Seward, Alaska
It was moved by Gillespie, seconded by Hug1i and carried as follows to amend
Section 21.42.15 Amendment Restrictions, (a) to read "Except for the extension
of existing district boundaries, no change to the zoning map shall be considered
which contains an area less than 20,000 square feet, not including street or
alley rights of way.":
Ayes: Gillespie, Hug1i, Martin, Mott and Vincent
Noes: Neve' and 01dow
Absent:None
It was moved by Mott, seconded by Hug1i and unanimously carried to move Ordinance
No. 436 to third reading.
Pat Williams appeared and stated she did not feel enough
public notice had been given of adoption of the ordinance. City Manager stated
that the ordinance being considered referred only to general zoning regulations
for the City and did not in any way amend the zoning map.
In conclusion, Vincent stated he wanted to serve notice that
he wished to reconsider the motion on the amendment to Ordinance No. 436 at the
next Council meeting. Neve', with Council consent, suggested that Council delay
the third reading of the ordinance, scheduling the item for discussion only on
the next regular meeting agenda.
C. Ordinances for Third Reading and Adoption:
SMALL BOAT HARBOR/ 1. Copies being made available for the public, Neve' noted by
ORDS: number only proposed ordinance setting the fees for the upland storage of boats
entitled:
An Ordinance Regulating the Upland Storage
of Boats, Amending Section 5-80.1 of the
Seward City Code
It was moved by Mott, seconded by 01dow and unanimously carried by all those present
to adopt Ordinance No. 432.
~~
, ,
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PAGE 51
REGULAR MEETING - MAY 9, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Ordinances for Third Reading and Adoption:
(cont'd)
STREETS, ROADS, HWYS/ 2. Copies being made available for the public, Neve' noted
ORDS: by number only proposed ordinance requiring house numbers entitled:
I
An Ordinance Requiring the Numbering of
All Addresses Within the City of Seward,
Alaska
It was moved by Hug1i, seconded by Mott and unanimously carried to adopt
Ordinance No. 433.
BIDS-PURCHASING AGENT/ 3. Copies being available for the public, Neve' noted by
ORDS: number only proposed ordinance regarding the purchase of used equipment
entitled:
An Ordinance Authorizing the City Manager
to Purchase Used Equipment Without Use of
Bid Procedure
It was moved by Mott, seconded by Gillespie and unanimously carried to adopt
Ordinance No. 434.
TELEVISION/ 4. Copies being available for the public, Neve' noted by
ORDS: number only proposed ordinance regarding television service fees entitled:
I
An Ordinance Establishing a Monthly Service
Charge for Television Service
Oscar Bailey appeared and asked if there was some way of making the Moose Pass
television viewers pay the service fee. City Manager stated there was no way
that he could legally levy a fee on the Moose Pass people but stated he would
get a list of people in that area and write a letter to them requesting that
they donate the $4 per month fee for improvement of the television service.
In answer to a question from Vincent, City Attorney stated he had looked into
the Federal Communications Regulations and found no prohibition of the action
Council wished to take on setting a mandatory fee for television service.
Following discussion, it was moved by Mott, seconded by Hug1i and unanimously
carried to adopt Ordinance No. 435.
D. Resolutions:
GENERAL TELEPHONE/ 1. Copies being available for the public, Neve' read by title
CONTRACTS only proposed resolution regarding an agreement with General Telephone Company
& AGRMTS/ of Alaska entitled:
RES:
I
SCHOOLS/
RES:
A Resolution Authorizing the City Manager
to Negotiate an Agreement with General
Telephone of Alaska
City Manager spoke and answered questions on the agreement, stating the Telephone
Company wished to bury a cable within the boundaries of a pre-existing City
easement. In answer to a question from Vincent, City Attorney stated the proposed
agreement stipulated that within ten days after completion of laying of the
cable the Telephone Company had to submit to the City an as-built plan showing
the exact location of the utility cable. He further stated the Telephone Company
would be held responsible for any repairs and maintenance related to placement
of the cable. Following discussion, it was moved by Mott, seconded by Martin
and unanimously carried by all those present to approve Resolution No. 77-16.
2. Copies being available for the public, Neve' read by title
only proposed resolution regarding the Borough School budget for fiscal year
1977-78 entitled:
A Resolution Requesting the Kenai Peninsula
Borough Assembly Rescind its Action as Set
Forth in Resolution No. 77-21 Regarding the
School Budget for Fiscal Year 1977-78
:~ ' )
,/ ,
PAGE 52
REGULAR MEETING - MAY 9, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
D. Resolutions:
(cont'd)
SCHOOLS/
RES:
(cont'd)
Martin stated he would have to abstain from voting due to his employment by
the school district. It was moved by Mott, seconded by Oldow, but later with-
drawn, to approve Resolution No. 77-17. A question was raised as to the accuracy
of the figure cited as the amount initially requested by the School Board and,
following discussion, it was moved by Mott, seconded by 01dow and carried as
follows to approve Resolution No. 77-17 as amended, the City Clerk being directed
to confirm the amount with the Borough:
Ayes:
Noes:
Absent:
Abstain:
Gillespie,
Vincent
None
Martin
Hug1i, Mott, Neve' and 01dow
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
INDUSTRIAL PK SUB: A. Army Corps of Engineers notice received April 25, 1977, and attached
(Dresser) related drawings regarding Dresser Industries' revised dock facility p1a~ was
noted. In answer to a question from Neve', City Attorney confirmed that the
proposed docking facility drawing dated March 22, 1977, was consistent with the
plan submitted earlier to Council on November 30, 1976. In answer to a question
from Vincent, City Attorney stated the City was presently negotiating with the
Corps in order to obtain a larger portion of the property on which the dock would
be located so that eventually the City would be the primary owner of the dock.
HARBOR COMSN: B. A portion of the Harbor Commission meeting minutes of April 27,
1977, regarding the Commission's request that Council appoint a replacement for
Commissioner Mardock was noted. The following letters requesting consideration
for appointment to the Commission were noted:
February 4, 1977, letter from Michael W. Douglas
January 26, 1977, letter from Yvon J. Van Driessche
City Clerk also noted that Mr. Jerry Virchow and Oscar Bailey had voiced
interest in the position opening. Following discussion, it was moved by Mott,
seconded by 01dow and unanimously carried to remove Commissioner Mardock from
the Harbor Commission. Neve', with Council consent, requested that appointment
of a replacement be delayed until the next Council meeting and that, in the
interim, the City Clerk advertise the position opening in the newspaper.
XII.
CITY MANAGER REPORTS:
BUDGET:
A. City of Seward Third Quarter Budget report for the period ending
March 31, 1977, was noted. City Manager spoke and answered Council questions
on various revenues and expenditures as cited in the budget.
SMALL BOAT HARBOR/ B. Letter dated April 21, 1977, from Sa1amatof Seafoods, Inc.
S FISH: regarding lack of access to the City dock on April 13, 1977, was noted. City
Manager stated he felt that the problem as set forth in the letter had been
rectified with Seward Fisheries (SF). He stated SF had been under the assumption
that they leased, on a preferential basis, the entire "u" dock; however, this
was not the case. He further stated the problem of overcrowding at the dock
would be further rectified when the derelict vessels moored along the dock
were charged transient moorage fees and encouraged to move from the area. He
stated that at the next Council meeting he would present a resolution which
would authorize the collection of transient fees at the "T" dock.
ORIGINAL
I
I
PAGE 53
REGULAR MEETING - MAY 9, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
TO : C. City Manager called the Council's attention to information which
~ad been distributed earlier on the request filed by R.F. Richardson for a variance
to the side and rear yard requirements to the South two-thirds of Lot 13 and the
North two-thirds of Lot 14, Block 25, Original Townsite:
A portion of the Planning and Zoning Commission
meeting minutes of April 13, 1977, at which time
a public hearing was held on the request and the
Commission failed to approve the variance
"Seward Phoenix Log Public Notice" received
March 21, 1977, setting the date of the public
hearings for the City and the Borough Planning
Commissions on the variance request
February 28, 1977, letter from R.F. "Bob"
Richardson requesting approval of his variance
application, and attached as-built lot survey
City Manager explained that even though the City Planning and Zoning Commission
had denied the variance request, the Borough Planning Commission had upheld
Richardson's application at its meeting of April 25, 1977. He further stated
that the City had not yet issued a building permit for the construction because
the Council had the option to appeal granting of the variance by the Borough.
He explained that an informal meeting of the Planning and Zoning Commission had
been held the previous week, at which time the five commissioners present had
voted four to one in favor of Council appealing the Borough's action. Neve'
asked Planning and Zoning Commission Chairman Leirer, present in the audience,
if the commissioners would be antagonized if Council did not support its position.
Leirer stated that he felt that the Commission was mandated to follow the
ordinances, which specifically disallowed a variance such as Richardson's request.
Pat Williams appeared and stated she did not feel the commissioners could be too
concerned when many times they did not even show up for the meetings. Gillespie
and Hug1i voiced support of upholding the City ordinances. Vincent stated he
would have to abstain from voting because he would have a direct financial
interest in the project if the variance was approved. Following discussion,
it was moved by 01dow, seconded by Martin and carried as follows not to appeal
the decision of the Borough Planning Commission regarding the Richardson variance:
Ayes:
Noes:
Absent:
Abstain:
Martin, Mott, Neve' and 01dow
Gillespie and Hug1i
None
Vincent
SP COMMUNITY EVENTS:
Ic
PKS & REC:
D. City Manager stated he and the City Clerk had received numerous
inquiries for temporary stands during the 4th of July and Salmon Derby activities
and asked how Council wanted the administration to proceed with these requests. He
stated that the administration had been requesting information from each inquiring
party such as: name; address; current business license, if applicable; type of
stand and location requested; items to be sold, etc. Hug1i stated more food
stands were needed and that rest rooms should be made available to the public
during the two events. Vincent stated that previous Councils had refused to
allow businesses from out of town to come in and set up a stand on a temporary
basis, stating such stands were limited to local organizations. Neve' stated
that anyone given approval to set up a stand should also be responsible for the
litter in the area. Following discussion, Neve', with Council consent, directed
the City Manager to handle the inquiries and arrange for the activities, based
on Council's concerns.
HALL: E. City Manager called the Council's attention to the smoke-eater
wh~ch had been installed in the Council Chambers.
F. City Manager stated that in past years collection of the $2 per
day camping fee had been contracted out to the Fish House but suggested that
collection for the coming summer be handled in-house by City employees. Neve'
stated he would like to see the City's fee competitive with others throughout
the Peninsula and recommended a graduated rate scale for increasing the fee each
year instead of having the item come before Council on an annual basis. Vincent
stated there were what he considered to be permanent campers in the City camp-
ground at Forest Acres and asked why the Police Department had not been keeping
, II
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PAGE 54
REGULAR MEETING - MAY 9, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
PKS & REC: a closer watch on the area. City Manager stated a sign, which had in previous
years been placed in the area, allowed 14 consecutive days of camping. Follow-
ing discussion, City Manager, with Council consent, stated he would take care
of collecting the fees for the campground and beach areas at $2 per day, start-
ing no later than Monday, May 16.
agenda:
G. City Manager proposed the following changes to the City Council
C COUNCIL:
1. Ordinances--He suggested that ordinances be
introduced at one meeting then be publicized in
the local newspaper, be made available to the
radio station and posted, and 30 days after the
introduction date a public hearing scheduled and
the ordinance adopted at the same meeting. He
stated this would meet the criteria as set forth
in the Code and would allow the publishing of the
ordinance before its adoption.
2. Citizens' Discussion--City Manager recommended
the first "Citizens' Discussion" appearing on the
agenda be for those individuals wishing to address
the Council who had previously notified the Clerk
of their intent; and that the second "Citizens'
Discussion" be left open to allow anyone in the
audience to speak, without prior scheduling.
City Manager, with Council consent, recommended that the next Council agenda
be amended to incorporate these format changes.
PKS & REC: H. City Manager distributed May 4, 1977, letter from Don Follows,
Park Planner, National Park Service, regarding the Harding Icefie1d - Kenai
Fiords National Monument proposal and his presentation at the April 28 Council
meeting. 01dow voiced objection to Follows' phrase "childlike naivete", refer-
ring to the general publics' knowledge of the functions of government.
L PACIFIC: I. City Manager read in full letter distributed earlier dated
May 5, 1977, from Louisiana Pacific Corp. regarding operation of the LP
chipper motor and its affect on the City electrical supply. He requested an
executive session following the regular meeting agenda to further discuss
the points brought out in the letter. It was moved by 01dow, seconded by
Mott and unanimously carried to adjourn to an executive session immediately
following completion of the regular meeting agenda items.
XIII.
LEGISLATIVE REPORT:
LEG REPS:
Administrative Assistant Schaefermeyer appeared and spoke and answered
questions on the following items before the State Legislature:
SB 238 - "An Act Relating to the Oil and Gas Properties
Production Tax; and Providing for an Effective Date"
Schaefermeyer stated that the $250,000 allocation for
the Small Boat Harbor improvements was being held up,
pending action on the severance tax and watercraft fuel
tax measures.
SB 149 - "An Act Relating to the Tax on Motor Fuel for
Watercraft; and Providing for an Effective Date"
SB 131 - "An Act Relating to Workmen's Compensation"
SB 27 - "An Act Relating to Planning and Establishment
of the New State Capitol; and Providing for an Effective
Date"
LEG REPS:
(cont'd)
I
I
C CLERK:
- ;)
PAGE 55
REGULAR MEETING - MAY 9, 1977
VOLUME 18
XII I.
LEGISLATIVE REPORT:
(cont'd)
HB 342 - "An Act Relating to the Management of the
Coastal Resources of the State; and Providing for
an Effective Date"
HB 106 - "An Act Relating to the Alaska Business
License Act; and Providing for an Effective Date"
HB 110 - "An Act Relating to Municipal Planning and
Zoning Powers"
HB 483 - "An Act Making Revisions to the Municipal
Code (AS 29); and Providing for an Effective Date"
SB 47 - "An Act Allowing Municipal Property Tax
Exemptions for Certain Improvements to Real Property"
HCR 57 - "Requesting Rerouting of the State Ferry
M/V TUSTUMENA to Sand Point and King Cove"
Schaefermeyer read in full letter dated May 6, 1977,
which the City Manager had sent to the Governor, in
opposition to HCR 57.
HB 52 - "An Act Appropriating for the Operating and
Capital Expenses of the State Government; and Providing
for an Effective Date"
Schaefermeyer read in full the letter he proposed to send as a Letter to the
Editor of the Seward Phoenix Log and the Anchorage Times, commenting unfavorably
on statements made during Don Follows' presentation at the Council meeting of
April 25, 1977, regarding the Harding Icefie1d - Kenai Fiords National Monument
proposal and Seward Resolution No. 935 in opposition to the proposal.
XIV.
JUNIOR MAYOR REPORT:
None
xv.
COUNCIL DISCUSSION:
A. 01dow read in full a statement she proposed to forward' to the
Seward Phoenix Log as a Letter to the Editor regarding the continuous reference
to the City Clerk-Treasurer whenever any information was published relating to
the dismissal of former City Manager James R. Filip. Neve' stated he did not
want to rehash the past and would contain his comments; however, he wanted it
understood by the public that at the time the former City Manager was dismissed,
it was made very clear in Council remarks the reasons for his dismissal and
it did not involve the City Clerk-Treasurer. Following discussion, it was moved
by 01dow, seconded by Hug1i and unanimously carried to place the statement as
read in the local newspaper as a Letter to the Editor, to be signed by Council.
PUBLIC WORKS: B. Hug1i commended the Street Department for its cleaning of 4th
Avenue in a timely manner.
LEG REPS:
WATER DEPT:
I
C.
Manager stated
a response.
Hug1i asked for a further report on the inventory tax. City
he had contacted the Borough Attorney but had not yet received
D. Hug1i requested a status report on the water payments from
Northern Stevedoring and Handling Corporation and the Alaska Railroad, specifically
as it related to supplying water to the mud boats. City Manager stated he was
in contact with the two agencies but had not yet received satisfactory reports
or payments of the fee. Following discussion, Neve' and Hug1i stated the water
supply to the two docks should be shut off until payment was made. Gillespie
recommended that the Railroad be allowed until Friday, May 13, to reimburse
the City for the amount due, in view of the fact that government agencies had
a tendency to move slowly.
,- ~
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PAGE 56
REGULAR MEETING - MAY 9, 1977
VOLUME 18
XVI.
CITIZENS' DISCUSSION:
L PACIFIC:
Larry Potts of Louisiana Pacific appeared and spoke on the letter
earlier referred to regarding LP's chipper motor and its operation in connection
with the City electrical supply. He stated that three years ago LP had purchased
a generator for the City and the company had waited 25 months before receiving
any compensation for its efforts. He stated he felt the citizens of Seward
wanted the Council to be consistent in their actions and that LP was willing to
pay its share but the City should also settle with LP for the cost of the
generator.
S FISH/ Rick Dutton of Seward Fisheries appeared and spoke on the issue
S B HARBOR:of SF's preferential berthing rights to a portion of the City dock and referred
to the letter of Sa1amatof Seafoods, Inc. dated April 21, 1977, earlier cited.
He stated SF wanted to go on record as requesting that the lease it now held
be amended to allow SF preferential berthing rights for the addition portion
of the "U" dock which the current lease did not cover. He stated that two SF
hoists were located on the portion of the dock that was not covered by the
current lease. Following discussion, City Manager stated he had discussed the
situation with Dutton and he felt that the administration and SF could work
toward a solution.
WATER DEPT/
STREETS:
W.R. Heinbaugh appeared and spoke against the use of copper water
lines near his home and stated the lines had not been properly tightened and,
thus, water had leaked underneath his house and caused substantial damage.
Neve' stated he had been out to Heinbaugh's residence last fall and apologized
for not proceeding with the investigation but that due to the change in adminis-
tration the matter had been overlooked. Heinbaugh also spoke against the way
Madison Street had been graded near his home. Following discussion, Neve'
told Heinbaugh that he and the City Manager would come to his residence within
the week and inspect the area.
HARBOR COMSN/ Herman Leirer appeared and stated that when the Council appointed a
PLANNING Harbor Commissioner that they should be careful to appoint someone who was not
& ZONING: directly harbor oriented and that they make sure that the individual would attend
the meetings on a regular basis. He further commented on the zoning ordinance,
stating that if Council allowed additional building on 30 foot lots, they would have:
to allow building on all 30 foot lots in town, even though there were very few
people who owned just one lot of that size. He stated that the only time the
Planning and Zoning Commission had denied variances was when the Commissioners
had considered the request to be unreasonable. He further stated that the Planning
and Zoning attendance record was poor but they he was hoping to improve it in
the near future and such attendance should be taken into consideration when
Council made appointments.
C CLERK:
Karen Swartz appeared and stated that she felt the paper had not
made any statement about the City Clerk which were out of line; however, if
Mrs. Shanley felt maligned she was free to write a Letter to the Editor.
01dow stated Council had decided to take that action.
PERSONNEL: City Manager stated he needed approval to hire a janitor, according
to current provisions of the City Code. It was moved by Mott, seconded by
01dow and unanimously carried to authorize the City Manager to hire a custodian
for the City offices.
XVII.
ADJOURNMENT:
L PACIFIC: The meeting was adjourned at 11:23 p.m. to an Executive Session
regarding Louisiana Pacific--its operation of the chipper motor, the City
generator purchased by LP, etc.
,(Lw A: ;J~r
Richard A. Neve'
Mayor
ty '~~1)
cJ'",'"
" . ~
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"<<;.{i
...(.,.......~*- -.
PAGE 57
REGULAR MEETING - MAY 23, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:32 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Counci1member Martin led the pledge of allegiance to the flag.
I
III.
ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, Hug1i, Martin,
Mott, 01dow and Vincent
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROV AL OF MINUTES:
It was moved by Mott, seconded by Oldow and unanimously carried to
approve the minutes of May 9, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Following Vincent's suggestion, Neve' stated the Council would
adjourn to executive session immediately following VIII. Citizens' Discussion,
in order to discuss items of a confidential nature with the City Attorney.
HARBOR COMSN: City Manager, with Council consent, requested the postponement of
X. Unfinished Business, B., Council appointment of a Harbor Commissioner, due to
the fact that there was presently an ordinance before Council which, if
adopted, would change the membership of the Harbor Commission.
I
Following discussion, it was moved by 01dow, seconded by Martin
and unanimously carried to approve the consent calendar and regular meeting
agenda as amended and the following actions were taken:
HARBOR MASTER:
1. Harbor Accident Report dated May 14, 1977, regarding
a boat on fire in the harbor area was noted for
information only and filed.
CITY ATTORNEY:
2. Hughes, Thorsness, Gantz, Powell and Brundin bill
for services rendered in April 1977, in the amount
of of $4,761.75, was approved for payment.
VI.
BOROUGH ASSEMBLY REPORT:
Counci1member 01dow gave Kenai Peninsula Borough Assembly report
for May 17, 1977, and specifically spoke on the Borough school budget for
fiscal year 1977-78.
VII.
PUBLIC HEARINGS:
I
A. Public hearing was opened on the allocation of Federal Revenue
Sharing funds for fiscal year 1977-78 and "Notice of Public Hearing" which
had been published in the local newspaper on May 19, 1977, setting said
public hearing, was noted. City Manager stated the City would be receiving
approximately $63,665 from the Federal government during the next fiscal
year and strict guidelines had been set forth as to expenditure of the funds.
No one appeared in order to be heard and the public hearing was closed.
COMPTROLLER:
VIII.
CITIZENS' DISCUSSION:
No one appeared at this time in order to be heard.
EXECUTIVE SESSION: The regular meeting was adjourned to executive session
from 7:40 p.m. regarding pending litigation and the City's
electrical generation.
CALL TO ORDER: The regular meeting was reconvened at 8:30 p.m.
c,
. i' 1
PLANNING &
ZONING:
PAGE 58
REGULAR MEETING - MAY 23, 1977
VOLUME 18
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available for the public, Neve' noted by
number only proposed Ordinance No. 438 regarding the Planning and Zoning
Commission, entitled:
An Ordinance Relating to Meetings and
Authority of the City Planning and
Zoning Commission, Repealing and Re-
enacting Section 2-68 of the Seward
City Code
It was moved by 01dow, seconded by Hug1i and unanimously carried to intro-
duce Ordinance No. 438 and set a public hearing on the ordinance for the
June 27 Council meeting.
HARBOR COMSN: 2. Copies being made available for the public, Neve' noted
by number only proposed Ordinance No. 439 regarding the Harbor Commission,
entitled:
PERSONNEL:
PLANNING &
ZONING:
An Ordinance Relating to the Harbor
Commission, Repealing and Re-enacting
Section 5-3 of the Seward City Code
It was moved by Mott, seconded by 01dow and unanimously carried to introduce
Ordinance No. 439 and set a public hearing on the ordinance for the June 27
Council meeting.
B. Ordinances for Second Reading:
1. Copies being made available for the public, Neve' noted
by number only proposed Ordinance No. 437 regarding personnel regulations
for City employees, entitled:
An Ordinance Repealing Chapter 17 of the
Code of the City of Seward, and Establish-
ing a New Chapter 17 as a Personnel Ordinance
for the City of Seward, Alaska
It was moved by Mott, seconded by Hug1i and carried as follows to move
Ordinance No. 437 to third reading:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, Martin, Mott, Neve' and Oldow
Vincent
None
C. Ordinances for Public Hearing and Enactment: None
D. Resolutions: None
x.
UNFINISHED BUSINESS:
A. Proposed Ordinance No. 436 entitled "An Ordinance Establishing
a Zoning Plan for the City of Seward, Alaska, was noted. Vincent explained
he had requested reconsideration of the May 9 amendment to the ordinance
as follows:
21.42.15 Amendment Restrictions (a)
Except for the extension of existing district
boundaries, no change to the zoning map shall
be considered which contains an area less than
4QTQQQ 20,000 square feet, not including street
or alley rights of way.
PLANNING &
ZONING:
(cont'd)
I
I
;)~J
PAGE 59
REGULAR MEETING - MAY 23, 1977
VOLUME 18
x.
UNFINISHED BUSINESS:
(cont'd)
Gillespie moved, but later withdrew his motion, that Ordinance No. 436 be
amended from 40,000 square feet to 20,000 square feet, as cited in section
21.42.15 (a) of the ordinance. Vincent stated he had asked for reconsidera-
tion of the amendment because he felt the Borough Planning Commission,
which had previously set the figure at 80,000 square feet, would not approve
the 20,000 square feet amendment and felt the Council should compromise on
the issue and accept the City Planning and Zoning Commission's recommendation
of 40,000 square feet. Following discussion, it was moved by Vincent, seconded
my Mott and carried as follows to reconsider the May 9 motion on the amendment
to the ~oning ordinance as previously noted:
Ayes:
Noes:
Absent:
Martin, Mott, 01dow and Vincent
Gillespie, Hugli and Neve'
None
Reconsideration being approved, the May 9 amendment of section 21.42.15 (a)
of the zoning ordinance was again voted upon, but did not carry as follows:
Ayes:
Noes:
Absent:
Gillespie and Hug1i
Martin, Mott, Neve', 01dow and Vincent
None
It was moved by Mott, seconded by Martin and carried as follows to move
Ordinance No. 436 to third reading:
Ayes:
Noes:
Absent:
Hugli, Martin, Mott, Neve', 01dow and Vincent
Gillespie
None
B. Council appointment of a Harbor Commissioner was continued
to a later date, upon the City Manager's request.
XI.
NEW BUSINESS:
BUDGET: A. City Manager distributed City of Seward proposed budget for
fiscal year 1977-78; read in full his administrative letter dated May 23,
1977; and, with Council consent, recommended a study session be scheduled
for Tuesday, May 31, in order to further discuss the budget documents.
In answer to a question from 01dow, City Manager stated he had until June 15
to recommend the City mill rate to the Borough. Neve' complimented the
Manager on his budget preparation and the probability of a mill levy reduction
for the coming year.
SMALL BOAT
HARBOR:
I
XII.
CITY MANAGER REPORTS:
A. City Manager read in full a portion of the Harbor Commission
meeting minutes of March 23, 1977, regarding the installation of a hoist on
the City dock for public use. He stated that although the Commission had
unanimously approved going to bid and proceeding with installation of the
hoist, he had received a memo from the Harbor Master stating that the lift
hoist was a low priority item. City Manager further stated he objected to
the $2000 involved in installing the machinery, stating that other hoists
in the area had been abused and, in addition, the City could be held liable
if any property damage or bodily injury occurred while someone was operating
the hoist. Gillespie stated if the City did not install the equipment he
felt it was, in essence, creating a monopoly for Seward Fisheries, even though
SF had been cooperative in allowing the public to use its hoists when they
were not being used by SF suppliers. Harbor Commissioner Seaton appeared and
stated the Commission had been unanimously in favor of timely installation
of the hoist and asked Council and the administration to talk to representatives
of the City of Homer regarding its hoist before making a decision. He further
stated he felt the hoist would be widely used by fisherman and boat owners
in the Seward area and urged Council's approval of the hoist installation.
Following discussion, Hug1i, with Council consent, requested the City Manager
obtain further information on the City's possible liability before any action
was taken.
(I '\
PAGE 60
REGULAR MEETING - MAY 23, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
PERSONNEL: B. City Manager, with Council consent, recommended that the City hire
seven Youth Program employees for the summer, to be employed in the Harbor,
library and by the Johnson-O'Malley Committee. He stated the youth would be
hired at the minimum wage and the City would be reimbursed by the State.
TELEVISION: C. City Manager stated he was working on compiling a mailing
list to the Moose Pass people to request their payment of the television
service fee and stated that there were approximately ten people in that
area already paying the fee on a regular basis. He further stated he was
exploring another method of television service, to be received by satellite
from Atlanta, Georgia, at a cost of approximately $2000 per month, and to
provide service on a 24 hours per day basis. City Manager also informed
Council that the educational television program to be operated by the library
on a four hour per day, five day per week basis, would be commencing in about
90 days. In conclusion, he commented on the recent television outage and
stated service would resume as soon as possible.
WATER DEPT: D. As previously requested by Hug1i, City Manager gave report
on the water charges received by Northern Stevedoring and Handling Corporation
(NSHC), the City's agent at the Fourth Avenue dock, and the Alaska Railroad,
pursuant to City of Seward Ordinance No. 430 regarding water supplied to
mud boats. He stated NSHC had paid approximately $3565 and the Alaska Railroad
had been billed for a two month period at a cost of $6787. In answer to a
question from Vincent, City Manager stated that although the figures had
not been received from meter readings, he would in the future check the
individual oil companys' figures against the meter readings for water used.
E. City Manager stated a Coastal Zone Management Program meeting
had been scheduled for Tuesday, May 24, 1977, at 7:30 p.m. in the City
Council Chambers.
F. City Manager stated a public hearing on the State's National
Forest Land Selection had been scheduled for Thursday, May 26, 1977, at 7:30 p.m.
in the City Council Chambers.
XIII.
LEGISLATIVE REPORT:
LEG REPS:
Administrative Assistant Schaefermeyer stated the Legislature would
be voting on the severance tax bill the following day and, if adopted, the
bill would provide $350,000,000 in State revenues over the next three years.
He further stated he expected the Legislature to adjourn during the coming
week.
XIV.
JUNIOR MAYOR REPORT: None
xv.
COUNCIL DISCUSSION:
COUNCIL:
A. Mott commented on proposed Ordinances No. 438 and 439
regarding votes needed for official action of the Planning and Zoning
and Harbor Commissions. He stated that last fall the Council had passed
ordinances amending the voting requirement and if the new ordinances were
adopted they would again change the number of votes needed. He stated
lowering the number of affirmative votes needed to pass an item through
the Commissions would mean that the action would not be representative of
the Commissions as a whole. City Manager stated the ordinances were
needed due to the fact that both Commissions most often only had a mere
quoDum present at its meetings, which meant that any action required a
unanimous vote of those present.
B. Mott asked to be excused from the Council meetings through
August 6, 1977, due to vacation.
I
I
COUNCIL/
PROC &
TRIBUTES:
BUDGET:
I
C ENGINEER:
\. i
PAGE 61
REGULAR MEETING - MAY 23, 1977
VOLUME 18
XVI.
CITIZENS' DISCUSSION:
Oscar Bailey and Paul Seaton appeared and spoke in favor of
Council approving installation of a public hoist at the City dock.
Gerritt Hoogland appeared and asked that the City install
toilets at the 4th Avenue ball parks to keep the participants from
using the ones available in his laundromat. Neve' stated that the
administration would look into the installation of portable toilets.
Ann Whitmore asked what the Council felt the requirements were
for sitting on the Harbor Commission and Neve' stated he would answer the
question at the next Council meeting after the Council and administration
had completed its review of the Harbor Commission and its membership.
XVI. ,~,9U~NMENT:
,-'; "~
,-<,-{i'-~ "~_ ~:,.,.. I -~
"', ':,The mel'!J;ing"was adjourned at 9:28 p.m.
/:-' ) r ~~
J.f; - ) \~)
~~., -\\
~ ~<
^" L ,~
"' An~e E. Shanley , , c ((
C~y Cl~rk-Treasurer f~
~ <S' ' ,,0- ~/
,.!c,_ ,J-...... _'1:----"/~
(Cit~Ei'ql{l--'~ , ; .".".} }". ",(,/
~p.'..
(CAJ. A. tV~
Richard A. Neve'
Mayor
-------------------------------------------------------------------------------
PAGE 61
SPECIAL MEETING - JUNE 6, 1977
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council was called to
order at 7:33 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Oldow led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, 01dowand
Vincent (Absent, with Council consent, were Hug1i
and Mott)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
Neve' read in full a "Tribute of Respect" to Councilman James W. Martin who
met an untimely death on June 4, 1977.
IV.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed City budget for
fiscal year 1977-78 and City Manager distributed the latest budget revisions
and reviewed the budget data page by page. He stated the budget had been
prepared based on a 19 mill rate and stated the Mayor and Council contingency
fund could be reduced by $25,738 for each additional mill reduction Council
might wish to approve. He further stated he had some doubts as to the
accuracy of the Borough's assessed valuation of property in the Seward area,
specifically vessels in the Small Boat Harbor, and stated he would review
those figures with the Borough assessor.
City Manager noted a major change in the budget over the
previous year was that he proposed to eliminate the Engineering Department and,
instead, to place a contingency fund in the Mayor and Council budget for
needed engineering projects. He also recommended a full time building
inspector and clerk be approved by Council. Brent Whitmore asked why no
. 'J
11. ,
BUDGET:
(cont'd)
C MANAGER:
PAGE 62
SPECIAL MEETING - JUNE 6, 1977
VOLUME 18
~.
PUBLIC HEARINGS:
(cont'd)
funds appeared for the paving of streets and City Manager answered that
capital projects were not budgeted items; however, the City would try to
obtain State and Federal funding through various Public Works grants for
street paving. Karen Swartz appeared and stated that if the City acted
while the asphalt plant was located at Mile 28, a substantial monetary
saving might be realized.
In answer to a question from Vincent, City Manager distributed
a job description for the position of Administrative Assistant and spoke and
answered questions on the newly proposed position. Ann Whitmore appeared and
asked if there were any precedents for establishing such a position under the
City Manager's budget and Neve' answered in the affirmative, citing various
cities where similar positions existed, specifically those oil impacted
communities.
Gillespie and Vincent spoke in favor of a total three mill
reduction for fiscal year 1977-78 while Neve' and 01dow supported a two mill
reduction. It was moved by Neve', seconded by Oldow, but later withdrawn,
to set the mill levy for 1977-78 at 18 mills. Brent Whitmore appeared and
spoke in favor of Council moving slowly on reducing the mill rate, rather
than to reduce it too far and have to raise it the following year.
No one else appeared in order to be heard and the public
hearing was closed.
V.
CITIZENS' DISCUSSION:
No one appeared at this time in order to be heard.
VI.
CITY MANAGER REPORTS:
PKS & RECREATION: A. City Manager stated he had been quoted a price of $135 each
for Coi1ets to be installed near the ball fields and, with Council consent,
stated he would have two toilets placed in the area of the fields for the
next three months.
ELECTRIC DEPT:
HARBOR:
MARINA SUB/
S BOAT HARBOR/
ALASKA RR
B. City Manager reported a meeting had been scheduled with
Dresser Industries legal counsel and president for Thursday, June 9, in
Anchorage.
C. City Manager, with Council consent, requested approval to
consult with an electrical engineer while in the Anchorage area regarding
prices for improvements on the City's electrical lines.
D. City Manager requested Council approval to engage an engineer-
ing firm to conduct a study for harbor facility improvements. He stated that
the City had been awarded $500,000 for such improvements by the State and,
if not used in the near future, the City would lose the funds. He stated
he had asked the Corps of Engineers to lift the risk designation from the
7th Avenue area and wanted a firm to closely investigate the 4th and 7th
Avenue areas and recommend the most feasible plan for a dock facility, etc.
With respect to the Corps of Engineers' risk designation, Karen Swartz appeared
and stated that apparently the same designation had been lifted in areas in
Anchorage due to the fact that vast construction had taken place on those
specific risk lands. City Manager stated the engineering study he proposed
would cost the City approximately $12,000. Neve' and 01dow stated a similar
study had been conducted for the City in past years; however, City Manager
stated he could not locate such a report.
E. City Manager stated he had had a meeting with representatives
of the Alaska Railroad in order to obtain a lease to the area in the north-
west corner of the Small Boat Harbor. He stated that the Railroad had been
agreeable to removing the spur and leasing the property to the City on a
long-term basis in exchange for authority to place a spur along the leased
property of Seward Fisheries, which would require the City to relocate one
electrical pole. In answer to a question from Gillespie, City Manager
~ ~ .~
\ 'J
PAGE 63
SPECIAL MEETING - JUNE 6, 1977
VOLUME 18
VI. CITY MANAGER REPORTS: (cont'd)
stated he would negotiate for sub-lease rights to the land and keep the
Council informed on the progress of the negotiations.
VII. COUNCIL DISCUSSION:
COUNCIL/ A. Neve' stated that out of respect for Councilman James Martin,
PROC & TRIBUTES:the City offices would be closed at Noon on Tuesday, June 7, and stated that
funeral services would commence at 8 p.m. at the Elks Club. He further stated
I the family had requested rememberances be made in the form of donations to
a scholarship fund for a worthy student, to be administered by Sam Daniels
at the high school, and recommended, with Council consent, that the City
donate $100 to the scholarship fund.
VIII. _<((lM1MMI~ENT:
&'" nl C; r- ~
.;; l,) , I ; ~ . '..! ).
~. .~ - '~~-'
/,~ ".'" The mee~ng;'was
,1-" - "
t:;r '. .
adjourned at 9:14 p.m.
:f2.~~)A ~~(
R'ichard A. Neve'
Mayor
-------------------------------------------------------------------------------
PAGE 63
REGULAR MEETING - JUNE 13, 1977
VOLUME 18
I
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:33 p.m. by Mayor Neve'.
II. OPENING CEREMONY:
Counci1member Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, Hug1i,
01dow and Vincent (Absent, with Council consent,
was Mott)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
IV. APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Oldow and unanimously carried
by all those present to approve the minutes of May 23 and June 6, 1977, as
written.
I
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
VIII. Citizens' Discussion: B. Jackie Deck
XI. New Business: C. C1erk-Treasurer's salary
XIII. Council Discussion: A. Appointment of replacement
for past Counci1member Martin
It was moved by 01dow, seconded by Hug1i and unanimously carried by all
those present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for
May 1977 was approved and filed.
" ,
PAGE 64
REGULAR MEETING - JUNE 13, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
COMPTROLLER:
2. Arctic Environmental Engineers' outstanding
bills totaling $53,154.37 were approved for
payment.
HARBOR MASTER:
3. Harbor accident report dated June 2, 1977, re-
garding a fire aboard the F/V LOIS was presented
for information and filed.
HARBOR MASTER:
4. Letter dated June 4, 1977, from Seward Fisheries,
commending harbor personnel for assistance during
halibut season, was presented for information and
filed.
LOUISIANA PACIFIC:
5. Letter dated May 18, 1977, from Department of
Environmental Conservation/and undated letter from
Cook Inlet Air Resources Management District re-
garding Louisiana Pacific teepee burner operation,
were filed.
ABC B:
6. Letter dated June 2, 1977, from Alcoholic Beverage
Control Board notifying City of approval of Pizza
Apollo application for beer and wine license, was
filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember 01dow gave Kenai Peninsula Borough Assembly report
for June 7, 1977, and specifically spoke on those items affecting the City
of Seward.
VII.
PUBLIC HEARING:
SEWAGE TREATMENT: A. Public hearing was opened on the Wastewater Reclamation
System Facility Plan as presented by Arctic Environmental Engineers (AEE).
The public hearing held on May 9, 1977, was continued to this date in
order to meet all the environmental impact noticing requirements. Sid
Clark of Arctic Environmental Engineers appeared and spoke and answered
questions on the project and distributed the following items of corres-
pondence regarding the installation of an underwater force main:
Underwater Construction and Research, Inc.,(UCRI)
letter dated June 9, 1977, stating that a pipe-
line installed at approximately -80 feet (MLLW)
would be most cost effective and feasible
UCRI letter dated June 13, 1977, estimating the
labor cost of constructing a submarine force
main at approximately $250,000 or $31.25 per foot
AEE letter dated June 13, 1977, stating that both
the earlier presented land route and the recently
investigated underwater route showed virtually the
same cost estimates
In conclusion, Clark stated AEE recommended Council approval of the Lowell
Point site for placement of an aerated lagoon with the two pipeline routes--
underwater and 1and--to be carried through as design alternates; City Manager
stated the administration concurred with AEE's recommendation. In answer
to a question from Frank Irick, Clark stated that he interpreted the EPA
regulations to read that if a community installed a power line which carried
excess power to the facility site, with the intention of selling that excess
power to property owners in the vicinity, then the community would have
to share in a percentage of the costs of placing that power1ine. No one
else appeared in order to be heard and the public hearing was closed.
SEWAGE
TREATMENT:
(cont'd)
I
BUILDING
DEPT:
I
PAGE 65
VOLUME 18
REGULAR MEETING - JUNE 13, 1977
VII.
PUBLIC HEARING:
(cont'd)
Following discussion, it was moved by Hugli, seconded by Oldow and carried
as follows to accept the Comprehensive Wastewater Facility Plan Supplement
dated April 19, 1976, and revised May, 1977, and system approach (Lowell
Point aerated lagoon) as recommended by AEE; to authorize the City Manager
to proceed with the Step II grant application for design phase funding; to
authorize the City Manager to secure land options in order to acquire the
facility site; and, to place a ceiling on the cost of the project at
$6,209,000, including State and Federal funds:
Ayes:
Noes:
Abstain:
Absent:
Hug1i, Neve',
None
Gillespie
Mott
01dow and Vincent
It was noted that Gillespie abstained due to his ownership of land in the
Lowell Point area.
VIII.
CITIZENS' DISCUSSION:
A. Dorothy S. Noyes appeared and read in full a prepared state-
ment regarding events which had taken place near and/or on her property
at the end of Nash Road. She further suggested various signs the City should
place in the area in order to assist in the enforcement of the City ordinances.
Noyes further stated that approximately seven acres of her waterfront property
was missing. Following discussion, Neve' stated the information presented
by Mrs. Noyes had to be submitted in writing to the City Clerk for Council
review.
B. Jackie Deck, Librarian, appeared and stated the Building
Inspector had asked her to appear before Council in order to get approval
to continue the library landscaping which was to be done on a strip of
land reserved for possible future sidewalk construction. She stated that
City approval for the work had been given the past year and that all improve-
ments in the area would be removable if the City did, in the future, plan to
construct a sidewalk along that strip of land. City Manager recommended
Council approval of the landscaping but that the library be requested to
sign an agreement that it would cover the cost of removing the improvements
if the City so requested at a later date. Following discussion, Neve',
with Council consent, approved the granting of a variance for the library
landscaping, subject to the execution of an agreement for future removal
of the improvements.
RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:36 p.m.
JESSE LEE HTS: City Manager stated he had the final accounting on the Jesse Lee
Heights water and sewer project as constructed by Cooper Construction Company
and asked for approval of payment of $39,161, withholding $4,943 per the
request of the engineer, due to an error in prior billing. In answer to a
question from Gillespie, City Manager stated that the assessment for the
project would be approximately $2,300 per lot. Following discussion, it
was moved by Hug1i, seconded by Vincent and unanimously carried by all those
present to approve the payment of $39,161 to Cooper Construction Company..
I PLANNING
ZONING/
ORDINANCES:
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Third Reading and Adoption:
&
by
of
1. Copies being made available for the public, Neve' noted
number only proposed Ordinance No. 436 regarding zoning within the City
Seward, entitled:
An Ordinance Establishing a Zoning Plan
for the City of Seward, Alaska
It was moved by 01dow, seconded by Hug1i and unanimously carried by all
those present to adopt Ordinance No. 436.
~ ~ ~;
PAGE 66
REGULAR MEETING - JUNE 13, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Third Reading and Adoption:
(cont'd)
PERSONNEL/
ORDINANCES:
2. Copies being made available for the public, Neve' noted
by number only proposed Ordinance No. 437 regarding Personnel Regulations
for City employees, entitled:
An Ordinance Repealing Chapter 17 of the
Code of the City of Seward and Establishing
a New Chapter 17 of the Personnel Ordinance
for the City of Seward, Alaska
It was moved by Hugli, seconded by Old ow and carried as follows to adopt
Ordinance No. 437:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, Neve' and Oldow
Vincent
Mott
C. Resolutions:
BUDGET/
RESOLUTIONS:
1. Copies being made available to the public, Neve' noted
by number only proposed Resolution No. 77-18 adopting the City budget for
fiscal year 1977-78, entitled:
A Resolution Adopting the Budget and
Appropriating Funds for Fiscal Year
1977-78
City Manager called Council's attention to and read a portion of his budget
message dated June 9, 1977. He further noted the budget and resolution had
been prepared to allow for an 18 mill assessment for 1977-78. In answer
to a question from Vincent, City Manager stated approximately $70,000 had
been earmarked for the sealcoating of streets for the coming year. Following
discussion, it was moved by 01dow, seconded by Gillespie and unanimously
carried by all those present to approve Resolution No. 77-18.
X.
UNFINISHED BUSINESS:
HARBOR COMMISSION: A. Neve', with Council consent, continued the appointment of
a Harbor Commissioner until after the June 27 public hearing on Ordinance
No. 439 regarding harbor commissioner qualifications, specifically requir-
ing commissioners to live within the City limits.
SMALL BOAT
HARBOR: B.
request that a
recommendation
The following items were noted as to
hoist be installed at the City dock
that the request be denied:
the Harbor Commission's
and the administration's
Clary Insurance letter dated May 24, 1977,
stating that the City would be liable for
such an operation
June 2, 1977, letter from Homer City Manager
listing problems with Homer public hoist
Neve', with Council consent, approved the recommendation of the City
Manager and stated that the City would not undertake the installation of
a public hoist at the City dock.
ALASKA, STATE OF: C. Proposed agreement between the State Department of Fish and
Game and the City of Seward, for the installation of a fish house at the
North end of the Seward lagoon, was noted. It was further noted that the
agreement had been approved in concept at the Council meeting of April 11,
1977. Following discussion, it was moved by Gillespie, seconded by 01dow
and unanimously carried by all those present to approve the agreement
as presented with the exception that the lease term be amended from 20 years
to 10 years.
ABC B:
I
I SCHOOLS:
PAGE 67
REGULAR MEETING - JUNE 13, 1977
,~ '7
VOLUME 18\) I
XI.
NEW BUSINESS:
A. The following items were noted as to the Breeze Inn Restaurant
and Motel beverage dispensary license application, as filed by Marilyn P.
Plymire:
Alcoholic Beverage Control Board letter of
May 23, 1977, noticing of application and
requesting comments
A portion of the City Council Special Meeting
Minutes of October 8, 1969, listing results of
an election, at which time the voters rejected
a proposal to issue liquor licenses in the City-
owned Marina Subdivision
Petitions bearing approximately 68 signatures,
in opposition to the application
Marilyn P1ymire, owner-operator of the Breeze Inn, appeared and spoke in
support of her application for a beverage dispensary license, stating that
she was trying to promote Seward as a convention center, and distributed
a petition bearing 144 signatures in support of granting of the license.
She further requested that the petition received by the City in opposition
to a "beer and wine license" be rejected in full because she was not
applying for that type of license. In answer to a question from 01dow,
City Attorney Jarrell stated that the election results from 1969 did not
have binding consequences on the present Council. Beverly Dunham appeared
and spoke on past restaurant operations in the Marina Subdivision. Follow-
ing discussion, it was moved by Gillespie, seconded by Neve' but did not
carry as follows, to approve the beverage dispensary license for the Breeze
Inn Motel and Restaurant, as applied for by Marilyn P1ymire:
Ayes:
Noes:
Absent:
Gillespie and Neve'
Hug1i, 01dow and Vincent
Mott
B. June 2, 1977, letter from Kenai Peninsula Community College
requesting Council make appointment to Policy Advisory Council was noted.
Neve' stated that nominations should be forwarded to the City Clerk for
Council consideration.
CLERK-TREASURER: C. 01dow stated that the Council had scheduled to review the
City C1erk-Treasurer's salary in April and she read the salaries of various
City Clerks throughout the State, as compiled by the City Manager. Following
discussion, it was moved by Oldow, seconded by Hugli and unanimously carried
by all those present to set the City C1erk-Treasurer's salary at $1814 per
month, noted as Range 20B on the City's pay scale.
INSURANCE:
PARKS & REC:
I
WATER DEPT:
XII.
CITY MANAGER REPORTS:
A. Clary Insurance Agency letter dated May 31, 1977, advising
of comprehensive general liability policy for the City of Seward, was
noted. City Manager requested Council approve payment of the policy fee.
It was moved by 01dow, seconded by Hug1i and unanimously carried by all
those present to approve payment of $26,935.88 to Clary Insurance Agency
for the comprehensive general liability coverage.
B. State Division of Parks letters dated June 6, 1977, request-
ing permission to visit Jesse Lee Home and the Mt. Marathon Race Trail for
possible designation as historical monuments and inclusion in the National
Register, were noted. Following discussion, Neve, with Council consent,
directed the City Manager to notify the Division of Parks of its denial
of permission to consider either site as a historical monument.
C. City Manager distributed Arctic Environmental Engineers (AEE)
letter dated June 13, 1977, setting forth the bids received for Seward
water improvements. Sid Clark of AEE appeared and requested approval to
rebid Contract B in order to receive more responsive bids. City Manager,
with Council consent, recommended approval of the request to rebid Contract B.
I. C)
SMALL BOAT
HARBOR:
PERSONNEL:
S B HARBOR:
FIRE DEPT/
S B HARBOR:
S B HARBOR:
STREETS:
SISTER CITY:
PAGE 68
REGULAR MEETING - JUNE 13, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
D. City Manager stated he had met with Don Statter of the State
Division of Waters and Harbors regarding the $250,000 available locally
for harbor improvements. He stated that the funds would be used to install
a 750 to 1000 foot float, to be placed parallel to the north-south break-
water; the bids to be let in the fall of 1977 and construction to begin in
the spring of 1978. In addition, he stated that the State was proposing a
$2 million bond issue, with an additional $2 million for engineering, for
1978 in order to expand the Small Boat Harbor to the south, thus doubling
the size of the present facility. Neve' asked the City Manager to further
investigate the proposed float system along the north-south breakwater to
insure that there was enough room in the harbor area for large vessels to
maneuver.
E. City Manager reported on the proposed employment requirements
that all City employees live within the City limits and stated that legal
counsel had informed him that only police and fire employees could be re-
quired to meet such a stipulation.
F. City Manager stated that Comptroller Baugh was in the hospital
with pneumonia and an enlarged heart.
G. City Manager stated he had a meeting with Dresser Industries'
representatives in Anchorage at 11 a.m. Tuesday, June 14.
XIII.
COUNCIL DISCUSSION:
A. Vincent stated he had noticed that a vessel was being constructed
on the west side of the T-dock and spoke against allowing such action. He
further requested a report on harbor collections be presented at the next
Council meeting. City Manager stated that he was working on moving the vessels
moored along the T-dock and would, in the near future, present an ordinance
for Council approval which would require those vessels tied along the T-dock
to pay transient moorage fees, thereby discouraging lengthy tie-ups at the
dock.
B. Hug1i requested that the administration put a time stipulation
on Dresser Industries for accepting or rejecting the contract for the lease
of Lot 16, Seward Industrial Park.
C.
that the fire
equipment was
able floating
D1dow stated that a boat
hoses were not operable.
being removed as quickly
pumps.
owner in the harbor had informed her
City Manager stated that the inoperable
as possible and being replaced by port-
D. 01dow requested that more lighting be placed on the fish
cleaning docks.
E. It was moved by Neve' seconded by Vincent and unanimously
carried by all those present to adjourn to executive session immediately
following conclusion of the regular meeting agenda, in order to discuss
appointment of a replacement for past Counci1member Martin and various legal
matters.
F. Vincent commented on the poor parking in front of City Hall
and asked that the area be lined.
G. Gillespie asked the status of research regarding City land
ownership and City Manager said he was currently waiting for a print-out
from the Borough, however, he could not guarantee that the information
would be completely accurate. He stated the problem pointed out the need
for a land management program.
H. Neve', with Council consent, requested that the stone lantern
inscribed in Japanese, located at the Small Boat Harbor, be replaced, the
1antemto be carved in Japan in order for it to be done accurately. He further
reques~~with Council consent, approval for purchase of a trophy for Obihiro
in the price range $50 to $100.
I
I
C COUNCIL:
I
PAGE 69
REGULAR MEETING - JUNE 13, 1977
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
A. In answer to a question from Harry Hardy, Alaska Sea Products,
Neve' explained Council's action in denying installation of a public hoist
at the City dock. Yvon Van Driessche stated that in other cities a portion
of the dock was leased to an individual who would operate the hoist on a
per hour basis.
xv.
ADJOURNMENT:
was adjourned at 10:06 p.m. to Executive Session regarding
and replacement of past Councilman James Martin.
.\~\
~ ~( A., rJ .Ji..v-f'
Richard A. Neve'
Mayor
"
J 0 nne E. Shanley.: ;
~ Ci~ ,<C1erk-Tr~~~~~etJ
~c~b>e~l), _??
__~~~~~ r~?____________________________________________________________
PAGE 69
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:32 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Counci1member Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Neve', Counci1members *Campbe11, Gillespie,
Hug1i, 01dow and Vincent (Absent, with Council
consent, was Mott)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
Neve' noted that Council had to appoint a replacement for former Councilman
James Martin and that C. Keith Campbell had received the highest number of
votes of those not elected in the October 1976 Council election. It was moved
by Neve', seconded by Hug1i and unanimously carried by all those present to
appoint C. Keith Campbell to the vacant position on the Council. *Campbe11
took the Oath of Office as administered by the City Clerk, was seated at the
dais and thereafter took part in the meeting.
IV.
APPROVAL OF MINUTES:
It was moved by Hug1i, seconded by 01dow and unanimously carried
by all those present to approve the minutes of June 13, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
VIII. Citizens' Discussion:
B. Donald Coisman
IX. Ordinances and Resolutions: C. Resolutions:
2. Proposed Resolution No. 77-20 regarding special permit
application fees
(",
1\ f
PAGE 70
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
It was moved by Hug1i, seconded by Gillespie and unanimously carried by all
those present to approve the regular meeting agenda as amended and the
consent calendar as presented and the following actions were taken:
PLANNING & ZONING
COMMISSION:
ABC B:
1. June 9, 1977, from Robert Booher and June 14, 1977,
letter form Jim Shepherd, both resigning from the
Planning and Zoning Commission, were noted. The
City Clerk was directed to advertise the Commission
vacancies.
2. Alcoholic Beverage Control Board's letter of June 8,
1977, requesting City comments on applications on
transfer of beverage dispensary and retail liquor
licenses of the Pioneer Bar and Liquor Store and
Tony's Bar and Liquor Store, was noted and filed
without objection.
SPEC COMM EVENTS
INDUSTRIAL
PARK SUB:
OCEANVIEW
SUB:
3. Herman Leirer appeared and spoke against the pro-
posed nomination of Leirer's Dairy as a historical
site as set forth in State Divisional Policy and
Development and Planning letter of June 7, 1977,
requesting City comments on the subject.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Oldow gave Kenai Peninsula Borough Assembly report
for June 21, 1977.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed lease of Lot 16,
Seward Industrial Park, to Dresser Industries and it was noted that the
public hearing had been advertised in the local newspaper on two occasions
prior to the meeting date. The revised lease agreement was also noted and
City Attorney Jarrell appeared and spoke and answered questions on the
lease document, stating he considered the new document more advantageous
for the City than the prior lease agreement and recommended Council approval
of the revised lease. No one appeared from the audience in order to be heard
and the public hearing was closed. Following discussion, it was moved by
Neve' seconded by Hug1i and unanimously carried by all those present to
direct the City Manager to execute the terms of the lease as described,
with the provision that the lease would not be officially approved until
the passage of a resolution, pursuant to Section 2-85 of the Seward City
Code, and that the required 30 day waiting period would commence only upon
receipt of the executed lease from Dresser Industries.
VIII.
CITIZENS' DISCUSSION:
A. Robert Booher's presentation on Lot 25, Marathon Addition,
construction was continued to item XIV. Citizens' Discussion.
B. Donald Coisman appeared and spoke on his purchase of Lots 1,
2 and 4, Block 4, Oceanview Subdivision, under the terms of the R-21
Seward Urban Renewal Project. City Manager explained that upon Council
approval of Coisman's bids made in July of 1976, Coisman had signed the
agreements setting forth certain requirements for development of the
property on a specific time schedule. He further stated that according
to that time schedule, Coisman had been delinquent in submitting the proper
plans and applying for building permits on the properties in question, and
on May 16 he had forwarded a letter to Coisman noticing of his noncompliance.
Upon further discussion with Coisman, City Manager stated he had extended the
date for compliance with the agreements to June 28, 1977, at 5:00 p.m.
Coisman told Council that due to various circumstances he had not been able
to get the building plans approved by the State Fire Marshall in time to
meet the June 28 deadline and requested a further extension. He stated
that if Council did not grant him the extension he would request that he
be allowed to apply the good faith deposits on Lots 1, 2 and 4 to the final
purchase price of Lot 3, Block 4, Oceanview Subdivision--another parcel on
which he had bid and signed a redevelopment agreement. Following discussion,
Neve', with Council consent, stated that Coisman would be given an additional
30 day extension in order to submit plans and apply for the building permits
on the three lots; however, if the terms of the agreements were not met by
that date the City would immediately initiate default proceedings.
PLANNING &
ZONING COHSN/
ORDINANCES:
I
HARBOR COMSN/
ORDINANCES:
I
CLERK-TREAS/
RESOLUTIONS:
PLANNING &
ZONING/
RESOLUTIONS:
I
PAGE 71
REGULAR MEETING - JUNE 27, 1977
71
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available for the public, Neve' read by
title only proposed Ordinance No. 438 regarding the City Planning and Zoning
Commission entitled:
An Ordinance Relating to Meetings and
Authority of the City Planning and Zoning
Commission, Repealing and Re-enacting
Section 2-68 of the Seward City Code
The City Manager stated this was the first ordinance to be presented for
enactment under the new ordinance adoption method and explained the procedure
the Mayor should follow in opening and closing the public hearing.
Public hearing was opened on Ordinance No. 438; no one from the audience
appeared in order to be heard and the public hearing was closed. City Manager
explained the affect of the ordinance, if enacted, would be to require the
affirmative votes of at least a majority of those Commissioners present for
official action, instead of a majority of all the Commissioners, whether
present or absent. Following discussion, it was moved by Hugli, seconded by
01dow and unanimously carried by all those present to enact Ordinance No. 438.
2. Public hearing was opened on proposed Ordinance No. 439
and copies being made available for the public, Neve' read by title only
the City Harbor Commission ordinance entitled:
An Ordinance Relating to the Harbor
Commission, Repealing and Re-enacting
Section 5-3 of the Seward City Code
City Manager explained the two major changes that would take place if the
ordinances was adopted: 1) Harbor Commissioners would be required to reside
within the City limits; and 2) the affirmative votes of at least a majority
of those Commissioners present would be required for official action, instead
of a majority of all the Commissioners, whether present or absent. No one
from the audience appeared in order to be heard and the public hearing was
closed. Following discussion, it was moved by 01dow, seconded by Hug1i and
unanimously carried by all those present to enact Ordinance No. 439.
C. Resolutions:
1. Neve' read in full proposed Resolution No. 77-19 setting
the salary for the City Clerk-Treasurer entitled:
A Resolution Setting the Salary for the
City Clerk-Treasurer and Rescinding all
Prior Resolutions in Conflict Herewith
It was noted that copies of the resolution were made available for the public.
It was moved by 01dow, seconded by Hugli and unanimously carried by all those
present to adopt Resolution No. 77-19.
2. Copies being made available for the public, Neve' read
by title only proposed Resolution No. 77-20 regarding special permit applica-
tion fees entitled:
A Resolution Relating to the City of Seward
Zoning Ordinance, Setting the Fee for Special
Permit Applications
City Manager explained that the new Zoning Ordinance No. 436 required that
the Council set by resolution the fees for variances and conditional use
permits. He stated that the City had that day received two applications for
conditional use permits from Chugach Development Corporation for construction
of a 14 and 17 unit apartment complex. Gillespie spoke against the zoning
requirement that a conditional use permit was required for construction of
any building larger than a four-plex, even though the construction took place
in the proper zone. Following discussion, it was moved by 01dow, seconded
'-'0
PLANNING &
ZONING/
RESOLUTIONS:
(cont'd)
HARBOR
COMSN:
ORIGINAL
TOWNSITE:
PAGE 72
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
by Hugli and carried as follows to adopt Resolution No. 77-20:
Ayes:
Noes:
Absent:
Campbell. Hug1i, Neve', 01dow and Vincent
Gillespie
Mott
RECESS: The meeting was recessed at 8:33 p.m.; reconvened at 8:36 p.m.
X. UNFINISHED BUSINESS:
A. City Manager read in full Alfred and Dorothy Noyes' letter
of complaint dated June 15, 1977. regarding various recommendations pertain-
ing to that portion of the City limits on the East side of Resurrection Bay
and comments on events which had taken place near and on their property in
that location. He distributed his memo dated June 27, 1977, commenting on
the statements which were made by the Noyes.
B. The following items were noted as to the vacant position on
the Harbor Commission:
"Notice of Harbor Commission Vacancy"
published in the local newspaper
Letters from interested persons:
January 26, 1977, letter from Yvon J.
Van Driessche
February 4, 1977, letter from Michael
W. Douglas
May 23, 1977, letter from Karen A.
Swartz
May 26, 1977, letter from Lew E. Hanks
June 9, 1977, letter from Marilyn P1ymire
June 13, 1977, letter from E.W. Gentles, M.D.
Neve' noted that due to the passage of Ordinance No. 439, only those individuals
living within the City limits of Seward could be appointed to the Commission.
It was moved by 01dow, seconded by Campbell and unanimously carried by all
those present to appoint Karen Swartz to the Harbor Commission. Gillespie
requested that Commission vacancies be filled by secret ballot and Neve'
asked that the suggestion be made again prior to any future Commission
appointments.
XI.
NEW BUSINESS:
A. City Manager spoke and answered questions on the continuing
conflict with Western Auto in trying to get the owners of the store to sign
an agreement to hold the City harmless and to provide for the future removal
of the cement slab which had been placed in front of the store on City property.
He further stated he had refused to issue co-owner Bruce Sieminski a building
permit to build a sidewalk around the porch, and thus enhance the nonconform-
ing structure, until the agreement was executed. City Manager stated that due
to the long delay on the part of the owners to sign the agreement, he requested
Council give him the authority to direct the owners to remove the porch or
to have the City remove the porch and bill Western Auto for the charges. Co-
owners Sieminski and Chris Werner appeared and spoke against the agreement
they had been asked to sign and commented specifically against the 60 day
notice for removal and the alleged vagueness of the reasons the Council would
have to give for requiring removal of the concrete structure. City Attorney
,-
ORIGINAL
TOWNSITE:
(cont'd)
I
C Z M:
LEG REPS:
JESSE LEE
HTS SUB:
I
CITY ATTORNEY:
SP COM EVENTS:
I
PAGE 73
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
spoke and answered questions on the history of the conflict, stating that
there had been some disagreement as to what construction had been authorized
by the building permit. City Manager stated that another solution to the
problem would be for the City to lease the property on which the concrete
slab was placed to Western Auto at approximately $1500 a year and and fees
obtained to be used to purchase an insurance policy to cover any accidents
which might occur on the porch. Following discussion, Neve', with Council
consent, stated that Sieminski and Werner would be given until the next
City Council meeting (July 11. 1977) to contact the City Attorney, and their
attorney if necessary, to resolve the conflict and if the agreement was not
signed by the next meeting, the Council would approve the City Manager's
recommendation that the porch be removed at the owners' expense.
B. June 17, 1977, letter and attachments from Governor Jay S.
Hammond requesting nomination of a person to the Alaska Coastal Policy
Council. pursuant to the recently adopted Alaska Coastal Management Act,
was noted. City Manager also noted the June 21, 1977, letter which Mayor
Neve' had written to Governor Hammond, nominating Borough Mayor Don Gilman
as the Councilmember from the Lower Cook Inlet Region. Following discussion,
Neve', with Council consent, recommended that a letter be written in strong
support of Mayor Gilman, to bear the signatures of every member of the City
Council. 01dow asked that the letter be sent to the Borough for placement
in the Assembly packets and City Manager confirmed that it would be done.
C. Division of Local Government Assistance's letter received
June 20, 1977, requesting comments on HB 483, was noted. City Manager,
with Council consent, requested that the item be continued to the next
regular meeting.
D. June 22, 1977, letter from Jerry Brossow, Chairman of the
Seward Cemetery Committee, and note received June 22, 1977, from Mary
Lechner, regarding organization and City monetary support and upkeep of the
cemetery, were noted. F10rita Richardson appeared and spoke in support
of the City taking an active part in maintenance and supervision of the
cemetery. City Manager, with Council consent, recommended employing SPEEDY
Program people to assist in the clean-up of the cemetery and the appropria-
tion of $1,500 from the City Council contingency fund, to be designated as
the "Cemetery Fund" and that such a fund would continue on an annual basis.
E. City Manager stated that the attorneys involved in the
James R. Filip vs. City of Seward lawsuit had reached a verbal settlement
in the amount of $12,422.80 and asked for Council authorization to pay the
amount. It was moved by Neve' seconded by Campbell and carried as follows
to authorize the City Manager to settle the lawsuit with James R. Filip in
the sum of $12,422.80:
Ayes:
Noes:
Absent:
Campbell, Neve', 01dow and Vincent
Gillespie and Hug1i
Mott
XII.
CITY MANAGER REPORTS:
A. Institute of Cultural Affairs letter of May 25, 1977, soliciting
City interest in scheduling a "Town Meeting Alaska" in October, was noted.
01dow, with Council consent, requested the administration to notify the
Institute that the City would not participate in the program.
B. June 24, 1977, report from the Harbor on delinquent accounts in
the Seward Small Boat Harbor was distributed and City Manager spoke and answer-
ed questions on the report, stating that the administration was actively seeking
payment of the delinquent accounts. In answer to a question from 01dow, City
Manager stated he would investigate the possibility of installing more electrical
outlets in the Harbor area in order to meet the demands for electrical service.
SM BOAT HARBOR: C. City Manager further expounded on his June 13, 1977, Small
Boat Harbor expansion report and displayed a scale drawing of the proposed
800 foot float to be placed parallel to the north-south breakwater; the
bids for the project to be let in the Fall of 1977 and construction to begin
in the Spring of 1978. In answer to a question from Neve', City Manager stated
the construction would still allow adequate room for the large vessels to
maneuver within the harbor area.
JESSE LEE
HTS SUB:
SP COM EVENTS:
PKS & REC:
C Z M:
S B HARBOR:
S B HARBOR:
C ENGINEER:
PAGE 74
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
D. City Manager stated that at the last Council meeting, pursuant
to a request made by the Engineer, $8,543.84 had been withheld from payment
to Cooper Construction Company for the Jesse Lee Heights water and sewer
project. He stated that the funds were due and owing the Company and requested
Council to approve the payment. It was moved by Hug1i, seconded by 01dow and
unanimously carried by all those present to approve payment of $8,543.84 to
Cooper Construction Company as final payment for the Jesse Lee Heights water
and sewer project.
E. City Manager, with Council consent, requested permission to
place an advertisement in the Seward Phoenix Log, at the approximate cost
of $70, in celebration of the Fourth of July and welcoming visitors to Seward.
F. City Manager displayed a color photo showing the park next
to the Railroad depot at the foot of Fourth Avenue as it was maintained in
1950 and stated that the present park facility would be upgraded this summer.
G. City Manager stated he would be in Anchorage on Tuesday
June 28 and Wednesday, June 29, 1977, to attend a Coastal Energy Impact
Funding Committee meeting, at which time the members would set up the
formula for allocation of funds.
H. In answer to a statement from 01dow, City Manager stated he
was investigating the activities of Alaska Marine Equipment in the harbor
area.
I. City Manager distributed June 22, 1977, letter from Bob Judy
requesting permission to fire a ship's deck gun, loaded with blanks, in the
Harbor area in order to begin and end sail boat races and, with Council
consent, recommended approval of the request.
J. City Manager, with Council consent, requested that the City
Engineer, whose position was scheduled to terminate June 30, be retained
for an additional month until July 31, 1977, in order to complete various
engineering projects in process.
XIII.
COUNCIL DISCUSSION:
SP COM EVENTS: A. In answer to a question from Neve', City Manager commented
on the activities planned for the Fourth of July celebration and Police
Chief Bencardino commented on the precautions that would be taken regarding
the open container law.
XIV.
CITIZENS' DISCUSSION:
A. City Attorney Jarrell stated he had received approximately 100
black and white pictures from the Corps of Engineers that had been taken
shortly after the 1964 earthquake and the Corps had requested that he donate
them to the City museum.
MARATHON ADDN: B. June 10 letter from Clerk-Treasurer Shanley informing Mr. and
Mrs. Robert Booher of the June 8, 1977, action of the Planning and Zoning
Commission on their request for a variance to the front and side yard setback
requirements on Lot 25, Marathon Addition, was noted. Bob Booher appeared
and spoke against the stipulations which had been placed on the variance.
Planning and Zoning Commission Chairman Leirer appeared and stated that
during the June 15 study session the Commissioners had discussed the action
taken by the body on June 8 and clarified that their original intent was
that Booher could build out to within 10 feet of the east (front) property
line but that he could enclose the structure only to within 20 feet of the
property line. Following discussion, City Manager stated that the new
zoning ordinance required a 5 foot setback on the side property line instead
of 10 percent of the width of the property, as was required by the previous
zoning ordinance. He recommended that Council amend the stipulations as set
forth by the Planning and Zoning Commission to allow construction to within
5 feet of the North (side) property line, to allow construction to within
10 feet of the East (front) property line although the structure could be
enclosed only up to 20 feet from the East property line. It was so moved
by 01dow, seconded by Hug1i and unanimously carried by all those present
to amend the variance requirements for Bob Booher as set forth by the City
Manager.
MARINA SUB:
I
I
I
'7,)
I,
PAGE 75
REGULAR MEETING - JUNE 27, 1977
VOLUME 18
XIV. CITIZENS' DISCUSSION: (cont'd)
C. Carl Norman appeared and spoke against the City leasing
property which was zoned as a parking lot, to the Breeze Inn Motel. City
Manager stated that there was no such zoning designation but that he would
check into the matter.
xv. . ,,~ .-ADJOORNMENT:
"'>'
j. -::':~...
The meet:?-!%" was
adjourned at 10:21 p.m.
t
e.,
,/
/
',,-
'~Jo ne E. Shanley'.
'C;ity C1erk-Treasurer/
i4!2ti A,f(/~r-
(j Richard A. Neve'
Mayor
(CitySe~j].)'/
"---::..:'-..:<;:,A-"_"-;........,,,.
PAGE 75
REGULAR MEETING - JULY 11, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order at
8:03 p.m. by Mayor Neve'.
II. OPENING CEREMONY:
Counci1member Hugli led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, Hug1i and
Vincent (Absent, with Council consent, were Council-
members Campbell, 01dow and Mott)
Present also: City Manager Johnson and City Clerk-Treasurer
Shanley
IV. APPROVAL OF MINUTES:
It was moved by Hug1i, seconded by Gillespie and unanimously carried
by all those present to approve the minutes of June 27, 1977, as written.
V.
APPROVAL OF REGULAR MEETING AGENDA:
The following additions were made in the regular meeting agenda:
IX. Ordinances and Resolutions: B. Resolutions:
3. Proposed Resolution No. 77-23 regarding the purchase
of an automobile
4. Proposed Resolution No. 77-24 regarding City dock
feasibility and conceptual study
XI. New Business:
C. Naming of ba11fie1ds and park
The following item was deleted from the regular agenda:
X. Unfinished Business:
A. Western Auto - encroachment agreement and building permit
It was moved by Hug1i, seconded by Gillespie and unanimously carried
by all those present to approve the regular meeting agenda as amended.
VI. BOROUGH ASSEMBLY REPORT: None
VII. PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION: (With prior notice only) None
'? (~
, '
RESOLUTIONS /
BUDG ET /
JESSE LEE
HTS SUB:
RESOLUTIONS/
INDUSTRIAL
PARK SUB:
RESOLUTIONS/
BIDS-
PUR AGENT:
RESOLUTIONS/
BUDGET/
HARBOR:
PAGE 76
REGULAR MEETING - JULY 11, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Resolutions:
1. Copies being made available for the public, Neve' read by
title only proposed Resolution No. 77-21 regarding the establishment of a
Cemetery Fund and appropriating those funds, entitled:
A Resolution Amending the 1977-78 Fiscal Year
Budget as Set by Resolution No. 77-18, Trans-
ferring Appropriations Within Said Budget
City Manager noted that the City Council, at its meeting of June 27, 1977, had
approved the establishment of a Cemetery Fund in the amount of $1500 for fiscal
year 1977-78 and Resolution No. 77-21 instituted that action. It was moved by
Hug1i, seconded by Vincent and unanimously carried by all those present to
adopt Resolution No. 77-21.
2. Copies being made available for the public, Neve' read by
title only proposed Resolution No. 77-22 regarding the lease of City property,
entitled:
A Resolution Authorizing the Lease of Lot 16,
Seward Industrial Park to Dresser Industries,
Inc.
City Manager stated he had received notice from Dresser Industries that they
wanted to make a few minor semantic changes in the lease document; however,
the agreement was being presented to the Board of Directors in the near future.
City Manager further stated that the lease agreement would not take affect
until 30 days after signing by both parties. It was moved by Vincent, seconded
by Hug1i and unanimously carried by all those present to adopt Resolution
No. 77-22.
3. Copies being made available for the public, Neve' read by
title only proposed Resolution No. 77-23, entitled:
A Resolution Authorizing the Purchase of an
Automobile
City Manager explained that an additional vehicle was needed for the Driver's
Education Program and that the State was reimbursing the City $24,000 for the
program, which included $300 per month for rental of a car. He stated that rather
than purchase a car specifically for the program, to be returned to the State upon
termination of the agreement, he was of the opinion it would be in the City's best
interests to transfer the car presently used by him to the Police Department for
rental to the program and to purchase a used 1977 Plymouth Fury four-door sedan,
available at a cost of $4800, approximately $1300 below :t;etail. City Nanager
further stated he no longer had any financial interest in the automobile dealer-
ship involved - Alaska Chrysler. It was moved by Hug1i, seconded by Neve' and
unanimously carried by all those present to adopt Resolution No. 77-23.
4. Copies being made available for the public, Neve' read by
title only proposed Resolution No. 77-24, entitled:
A Resolution Approving the Performance of
a City Dock Feasibility and Conceptual Study
and Appropriating Funds
City Manager stated that the State of Alaska was hold $500,000 which had been
earmarked for the City of Seward harbor improvements; however, before the funds
would be released the City had to submit a spending plan. Therefore, he recom-
mended a feasibility study, to be conducted by R & M Consultants, Inc., to
c011ect and report on data and make recommendations regarding placement and
construction of a city dock. In answer to a question from Vincent, City Manager
stated he felt the dock was needed for use by the Alaska State Ferry System's
M/V TUSTUMENA and that the City would not have to bond for such a dock but would
seek funding from the State and possibly the oil companies. Following discussion,
it was moved by Hug1i, seconded by Gillespie and unanimously carried by all those
present to adopt Resolution No. 77-24.
ORIGINAL
TOWNSITE:
lEG
SCHOOLS:
PKS & REC/
TR1BUTES:
I
TELEVISION:
I
PAGE 77
REGULAR MEETING - JULY 11, 1977
VOLUME 18
X.
UNFINISHED BUSINESS:
A. City Manager, with Council consent, recommending that discussion
of the encroachment agreement and building permit relating to the Western Auto
building on the corner of Jefferson and Fifth Avenue be continued for an additional
two weeks.
XI.
NEW BUSINESS:
REPS:
A. Division of Local Government Assistance letter received June 20,
1977, requesting comments on HB 483 was noted. Administrative Assistant
Schaefermeyer spoke and answered questions on the bill and specifically referred
to Section 11 - AF 29.48.180(a). He stated that the section requiring the
codification of ordinances before enforcement would pose problems for the City
if adopted and, with Council consent, recommended the section be amended to allow
a one to two year time period for codification of ordinances, during which time
ordinances could be enforced as law. Following discussion, Neve', with Council
consent, directed Schaefermeyer to notify Palmer McCarter of the Department of
Community and Regional Affairs of the City's position.
B. June 2, 1970, letter from Kenai Peninsula Community College asking
for Seward representation, and "Notice of Vacancy on Community College Council"
published twice in the local newspaper, were noted. Clerk-Treasurer reported
that no applicants had been received for the position opening and Neve', with
Council consent, continued the appointment until August and asked the C1erk-
Treasurer to readvertise the position opening at that time.
C. Neve' stated he had received numerous requests that Council take
action to name the two ba11fie1ds on Fourth Avenue after the two young men who
drowned in Kenai Lake--Keith Zimmerman and Rick Erchinger. Following discussion,
City Manager stated he would draft a resolution and Council could further discuss
the item at its next meeting.
City Manager stated he had been approached by representatives of
the Crawford family, offering monies to fix up and maintain the park on Fourth
Avenue near the ferry terminal and, in return, asked that the park be officially
named Crawford Park. Pat Williams appeared and stated that the park had always
been known as Harry Holben's Park, a founder of the City of Seward who had main-
tained the park for 20 to 30 years. Oscar Watsjold appeared and spoke on the
relationship between the Crawford and Holben families. Following discussion,
Neve', with Council consent, stated that since the park had been unofficially
known as Holben's Park, the Council should not make a name change without more
public opinion involved and, therefore, directed the City Manager to notify
representatives of the Crawford family that Council would not designate the park
as Crawford Park at the present time.
XII.
CITY MANAGER REPORTS:
A. July 7, 1977, letter from Corda R. Stubblefield against the
television outages, the increased $4 per month charge for the service and
the administration's handling of the problem, was noted. City Manager spoke
and answered questions on the recent television outage and actions taken by
the administration to get the TV back in working order as soon as possible.
He stated that the new transmitter had been carried off the mountain and taken
to Fairbanks for repair and that the old transmitter had been reinstalled,
although it would only service a small portion of the City. He stated that
due to past operations and the recent slide at Mile 18, the television fund
was approximately $17,000 in the red and asked Council to deeply consider
whether the City should be operating the TV, considering the cost factors
involved. In answer to a question from Neve', City Manager spoke on the
options open to the Council and on various areas the administration was investi-
gaing for possible TV service. Following discussion, Neve', with Council consent,
directed the City Manager to prepare a statement for the newspaper and radio
station, explaining the television outages, and cost factors involved and the
work being done by the administration to keep television operative in Seward.
B. City Manager displayed the vase which had been presented to
him by the Captain of the Japanese vessel "Oshoro Maru".
C. City Manager stated the Japanese lantern in the Harbor area had
been removed and the plaque was being remounted in the proper direction.
PAGE 78
REGULAR MEETING - JULY 11, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
D. City Manager stated the Benny Benson Memorial near the Seward
Lagoon did not list Benny Benson's name and stated he was trying to obtain
a grant to place an additional plaque with the information on it above the
existing plaque.
E. Regarding the water project, City Manager stated a rebidding
of one portion of the project had been accomplished and the bias would be
open the following day. He further stated he would be traveling with Sid
Clark of Arctic Environmental Engineers to Seattle to meet with the Environ-
mental Development Administration regarding additional funding of the project.
F. City Manager distributed draft harbor ordinance and resolution
and stated he planned to introduce the item at the next Council meeting.
MARINA SUB:
G. City Manager stated at the last Council meeting a member of the
audience had stated that the area in the Marina Subdivision leased to Marilyn
P1ymire for the Breeze Inn Motel was designated as a Public Use District. He
stated that he had investigated the matter and that in July of 1976 the Kenai
Peninsula Borough had passed an ordinance changing the zoning in that area from
Public Use District to General Commercial District.
FOURTH OF JULY
CREEK AREA/
COMPTROLLER:
H.July 8, 1977, letter from Mrs. Virginia H. Darling, property
owner on the East side of Resurrection Bay, requesting to be totally exempt
from City taxes and further requesting the City to take necessary steps to
give road access to her property, was noted. City Manager stated that on
December 27, 1976, the Council had passed a differential taxation ordinance
and, therefore, the Council would have to adopt a resolution setting the tax
rate for those properties at the end of Nash Road located within the City
limits, and recommended a 30 percent reduction of the present 18 mill rate,
or 12 mills. Mrs. Darling appeared and stated she did not feel she should
have to pay any taxes whatsoever because she did not receive any City services.
In answer, City Manager stated she was represented by the Council and had
benefit of the City administrative operation. City Manager stated he was
investigating a grant regarding the industrial development of the Fourth of
July Creek area and that, hopefully, through that program he would be able
to obtain a technical assistance grant and in the process provide access to
the properties on the East side of the Bay. Following discussion, City Manager
stated that a resolution would be drafted for presentation to Council at the
next meeting, providing for a differential tax rate.
I. City Manager stated if there were no objections from Council he
would be traveling to Juneau in approximately 10 days to meet with the Governor
and the Commissioner of Transportation regarding the slide area at Mile 18.
He stated that due to the marginal road condition, the City of Seward had
lost barge traffic because Pacific Alaska Lines could not take trailers over
the damaged portion of the road.
ORIGINAL
TOWNSITE/
P & ZONING:
J. City Manager displayed the schematics for the proposed LA and
17 unit apartment complexes to be constructed by Chugach Development Corpora-
tion within the City. He stated that due to provisions of the zoning ordinance,
a public hearing on the necessary conditional use permits could not be held
until the August Planning and Zoning Commission meeting and stated that CDC
representatives had requested relief from the provision in order that they
could start construction earlier. Neve', with Council consent, stated that
CDC would have to follow due process as set forth in the zoning ordinance and
no waiver would be granted.
K. City Manager stated he wanted to publicly commend the Police,
Public Works and Electric Departments and all other City employees who worked
over the Fourth of July weekend. Neve' also thanked Nell Watsjo1d for trans-
porting the crew of the OSHORO MARU to the parade.
L. City Manager stated representatives of Simpson, Usher and Jones
would me meeting with the administration on Wednesday afternoon and attending
the Planning and Zoning Commission meeting that night, July 13, 1977, in
order to discuss Title IX funding.
I
I
I
r."' (~
. '
PAGE 79
REGULAR MEETING - JULY 11, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
M. City Manager reminded the Council of the Prince William Sound
Transportation Study being conducted by the State and the local meeting to
be held on July 14 in the Council Chambers and urged the Counci1members to
attend.
XIII.
COUNCIL DISCUSSION:
A. Neve' asked that copies of the July 6, 1977, letter from the
U.S. Department of Agriculture, Forest Service, regarding the Renewable
Resource Planning Act of 1974, be made available to the library and the press.
He further requested that Administrative Assistant Schaefermeyer meet with
him regarding the D-2 land selection in Alaska.
XIV.
CITIZENS' DISCUSSION:
A. Mr. Alfred Noyes appeared and spoke against the City tax rate on
properties located on the East side of Resurrection Bay within the City limits,
and commented on the access prob1~ as expressed by Virginia Darling, to properties
south of his at the end of Nash Road.
B. Oscar Watsjo1d spoke against Werner's Family Center blocking the
sidewalk with store merchandise and, following discussion, the City Manager
stated there was an ordinance in effect to cover the matter and he would take
further action.
C. Neve' introduced visitors Dr. and Mrs. Pickering.
xv.
ADJOURNMENT:
adjourned at 9:33 p.m.
R~~/ -rV~'
Mayor
PAGE 79
REGULAR MEETING - JULY 25, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:31 p.m. by Vice Mayor Hugli.
II.
OPENING CEREMONY:
Counci1member Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Vice Mayor Hug1i; Counci1members Campbell, Gillespie,
01dow and Vincent (Absent,wLth Council consent, was
Mayor Neve' and Counci1member Mott)
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Gillespie and unanimously
carried by all those present to approve the minutes of July 11, 1977; as
written.
,. '\
:. :
LOWELL PT AREA!
WATER:
C Z M:
PAGE 80
REGULAR MEETING - JULY 25, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
City Manager requested that introduction of and
presentation from the Japanese exchange students
from Obihiro, Japan, be scheduled immediately
following agenda item V.
VIII. Citizens' Discussion:
A. Rick Tillotson - ne.ws media involvement in Mile 18
road problem and its solution
IX. Ordinances and Resolutions: B. Resolutions:
4. Proposed Resolution No. 77-28 approving employ-
ment of CH2M and Hill, Consulting Engineers
5. Proposed resolution regarding the award of
$1,015,000 in Federal Public Works funds
XI. New Business:
C. City Manager's request to purchase chips from State
of Alaska for chip seal, project at an approximate cost
of $4000 and motion to approve the contract for chip
sealing the City streets
Hearing no objection, Hug1i, with Council consent, approved the
regular meeting agenda as amended and the consent calendar as presented and
the following actions were taken:
1. July 13, 1977, letter from the Corps of Engineers,
regarding Lowell Canyon Diversion Tunnel plaque,
was noted and filed.
2. July 18, 1977, letter from the Office of the Governor,
Division of Policy Development and Planning, regarding
the evaluation of the Alaska Coastal Management Workshop
held in Seward, was noted and filed.
SISTER CITY: PRESENTATION:
STREETS,
ROADS,
HIGHWAYS:
SMALL BOAT
HARBOR/
ORDINANCES:
Brent Whitmore presented the three Japanese exchange students
from Obihiro, Japa~ and Ayako Kamibeppu, Toyko Iizawa and Ikuko Sugiyama
introduced themselves and presented gifts to the Council.
VI.
BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
A. Rick Tillotson of KRXA radio appeared and spoke in support
of the City Council and administration taking strong measures to convince
the State that it was imperative that the highway at the Mile 18 slide are.a
be repaired immediately.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available for the public, Hug1i noted
by number only proposed Ordinance No. 440 entitled:
An Ordinance Repealing Section 5-80.2,
Grid Fees, of the Seward Code and Repealing
and Re-enacting Section 5-80.1 of the Seward
Code, Establishing Service Fees for the
Seward Municipal Small Boat Harbor and its
Facilities
SMALL BOAT
HARBOR/
ORDINANCES:
(cont'd)
I
ELECTIONS/
COMPTROLLER/
RESOLUTIONS:
I
COMPTROLLER/
RESOLUTIONS:
PKS & REC/
TRIBUTES:
I
PAGE 81
REGULAR MEETING - JULY 25, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
City Manager spoke and answered questions on the proposed ordinance and
suggested amendments in the wording of Section 5-80.1, Service Fees, (c)
and (g), and asked that the ordinance, if introduced, include those amend-
ments. Following discussion, it was moved by 01dow, seconded by Campbell
and unanimously carried by all those present to introduce Ordinance No. 440,
with the amendments as verbalized by the City Manager, and set a public hear-
ing on the ordinance for the August 22, 1977, Council meeting.
B. Resolutions:
1. Copies being made available for the public, Hugli noted
by number only proposed Resolution No. 77-25 entitled:
A Resolution Providing for the Submission
to the Qualified Voters of the City of
Seward, Alaska, the Question of Whether
the City Council Should Enact a Sales Tax
in the Amount of Two Percent (2%) on All
Sales Already Taxed by the Kenai Peninsula
Borough Within the City of Seward, at an
Election to be Held for that Purpose in and
for the City of Seward on October 4, 1977
City Manager read in full, spoke in support of, and answered questions on
the proposed resolution. City Attorney spoke on the resolution and recommended
various amendments in the wording of the document as presented to Council.
Hug1i spoke against the sales tax proposition, stating that a sales tax
would increase the inflation rate on merchandise and, further, he was of the
opinion that a property tax was a more equitable tax. Karen Swartz appeared
from the audience and spoke in support of a local sales tax. Following
discussion, it was moved by 01dow, seconded by Campbell and carried as
follows to approve Resolution No. 77-25:
Ayes:
Noes:
Absent:
Campbell, Gillespie, 01dow and Vincent
Hug li
Mott and Neve'
Hug1i, with Council consent, scheduled a public hearing for the August 8, 1977,
regular Council meeting in order to receive public comments on Resolution No.
77-25.
2. Copies being made available for the public, Hug1i noted by
number only proposed Resolution No. 77-26 entitled:
A Resolution Establishing a Differential
Tax Rate for Zone Two as Described in
Ordinance No. 429
City Manager spoke and answered questions on the administration's recommendation
that the mil rate for Zone Two be set at 70 percent of the rate for Zone One, or
12 mils. Following discussion, it was moved by Campbell, seconded by Vincent
and unanimously carried by all those present to approve Resolution No. 77-26,
setting the mil rate for fiscal year 1977-78 for Zone Two at 12 mils.
3. Copies being made available for the public, Hugli noted
by number only proposed Resolution No. 77-27 entitled:
A Resolution Naming Seward Ball Fields
Larry Potts appeared from the audience and stated that the Little League
Association would like to submit its recommendations for the naming of the
ball fields prior to Council action. Donald Holbrook appeared and spoke
against Council action on the resolution. Following discussion, it was
moved by Vincent, seconded by 01dow and carried as follows to table for six
months the proposed resolution naming the ball fields on Fourth Avenue after
two young men who had recently drowned in Kenai Lake:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, 01dow and Vincent
Campbell
Mott and Neve'
~.: ')
ELECTRIC DEPT/
BUDGET/
RESOLUTIONS:
PAGE 82
REGULAR MEETING - JULY 25, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Resolutions: (cont'd)
4. Copies being made available for the public, Hug1i noted
by number only proposed Resolution No. 77-27, entitled:
A Resolution Approving the Temporary
Employment of CH2M and Hill, Consulting
Engineers
City Manager read the proposed resolution in full and spoke in support of
its approval, stating he had been working with Tom Small of the company
on a consulting basis regarding deficiencies of the Seward electrical
utility system. He further stated there was a possibility of the City
being reimbursed for the funds spent on the project with Coastal Energy
Impact monies. Following discussion, it was moved by 01dow, seconded by
Vincent and unanimously carried by all those present to approve Resolution
No. 77-27.
PUBLIC WORKS/ 5. City Manager stated the City had been awarded Federal
STREETS,ROADS:funds in the amount of $1,015,000 for Public Works projects and requested
HIGHWAYS/ Council approve expenditure of the funds for the paving of 7.2 miles of
COMPTROLLER: City streets and further requested authority to enter into an agreement with
Arctic Environmental Engineers for performance of the project. City Manager
displayed a map showing the City streets he recommended be paved with the
funds and stated that if the project did not proceed as soon as possible, it
was probable that much less paving would be accomplished with the funds the
following year. Following discussion, it was moved by 01dow, seconded by
Gillespie and unanimously carried by all those present to authorize the City
Manager to proceed with the paving of 7.2 miles of City streets with the
$1,015,000 received from the Federal government. It was moved by Gillespie,
seconded by 01dow and unanimously carried by all those present to authorize
the City Manager to enter into an agreement with Arctic Environmental Engineers
for performance of the paving project.
ORIGINAL
TOWNSITE:
TAXICABS:
SMALL BOAT
HARBOR:
STREETS:
X.
UNFINISHED BUSINESS:
A. City Manager and City Attorney commented on the status of
the Western Auto encroachment agreement, stating that the City Attorney
would work with Werner and Sieminski's attorney in order to reach an agree-
ment in the near future.
XI.
NEW BUSINESS:
A. Minute order of a portion of the January 24, 1977, City
Council meeting regarding the review of the Legion and Pioneer Cab operation,
all four permits held by John W. Hoogland, was noted. City Manager called
the Council's attention to the action taken at the January meeting, setting
a review date for July 25, 1977, and that if the six month review proved
satisfactory, the review process would be terminated. No comments were
made in opposition to Hoogland maintaining the four permits to operate both
Legion and Pioneer Cabs.
RECESS: The meeting was recessed at 8:48 p.m.; reconvened at 8:56 p.m.
XI.
NEW BUSINESS:
(cont'd)
B. July 18, 1977, letter from the Corps of Engineers requesting
permission to place an informative plaque regarding the Small Boat Harbor
construction and further requesting Council designation of a location, was
noted. Following discussion, City Manager, with Council consent, stated he
would contact the Corps and decide upon a location for placement of the plaque
in the Small Boat Harbor parking area.
C-""
,
C. City Manager spoke and answered questions on his request to
purchase chips from the State of Alaska for the chip sealing of certain City
streets, and displayed a map showing those streets he recommended be sealed.
He stated the chips would cost approximately $4000. He further requested
Council authorize him to enter into a contract for the performance of the
chip sealing with Quality Asphalt. Following discussion, it was moved by
Gillespie seconded by 01dow and unanimously carried by all those present to
authorize the City Manager to purchase the necessary chips from the State
of Alaska and to enter into a contract agreement with Quality Asphalt for the
chip sealing of the designated City streets.
. ,,")
(" )
PAGE 83
REGULAR MEETING - JULY 25, 1977
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
P & Z COMSN: D. The following were noted as to the vacancies on the Seward
Advisory Planning and Zoning Commission:
"Notice of Vacancies - Planning and Zoning
Commission" published July 7 and 14, 1977,
in the local newspaper
I
Resignation letters from Commissioners Jim
Shepherd dated June 14, 1977; Garry LeFlore
dated July 9, 1977; and Robert Booher dated
June 19, 1977
Letters requesting appointment to the Commission
from Chester D. Thorne dated July 16, 1977; J.
James Connor dated July 20, 1977; William R.
"Rick" Tillotson dated July 2, 1977; Clyde David
Reynolds received July 20, 1977; and Lloyd D.
McCauley dated July 25, 1977
The City Manager stated that the application of J. James Connor was not
valid because he lived outside the City limits and the City Code required
that members of City commissions live within the City boundaries. A secret
ballot was conducted with each Counci1member choosing three candidates and
the City Clerk tallied the votes. Upon completion of the tally, the Clerk
declared that Rick Tillotson, Chester Thorne and Lloyd McCauley had received
the most votes and thus were appointed to the Commission.
BIDS-PUR AGENT: E.
City was noted
as follows:
Spread sheet on the 1977-78 petroleum bids received by the
and the City Manager recommended Council award the products
I
Marathon Fuel Service:
Furnace Oil at $ .4412 per gallon
Chassis Lubricant at $ .60 a pound
Anti Freeze at $ 4.58 per gallon
Chevron USA, Inc.
Diesel Fuel at $ .422 per gallon
Gasoline at $ .439 per gallon
Gear Lubricant at $ .369 a pound
Cleaning Solvent at $ 1.12 per gallon
It was moved by Oldow, seconded by Vincent and unanimously carried by all
those present to award the petroleum bids as recommended by the City Manager.
XII.
CITY MANAGER REPORTS:
FOURTH OF
JULY CREEK
AREA/WATER:
A. July 15, 1977, letter from Land and Water Management Division
of the Department of Natural Resources regarding E.T. Meining water use
application for the East side of Resurrection Bay was noted and commented
upon by the City Manager.
POLICE:
B. City Manager requested Council approval to send Police Chief
Louis Bencardino to an FBI National Academy from September 25 to December 9,
1977. Following discussion, it was moved by Campbell, seconded by Vincent
and unanimously carried by all those present to approve the Police Chief's
attendance at the FBI Academy.
IT V:
C. City Manager gave a status report on the television translator
and stated it would be approximately another 20 days before television reception
was restored to the area. He further commented on other alternative television
sources he was investigating.
ELECTIONS:
D. City Manager gave a brief calendar of events relative to the
election scheduled for October 4, 1977, stating that nominating petitions
for Council would be received from August 25 through September 14, 1977.
. ,I
, ,
FOREST ACRES:
COMPTROLLER:
STREETS,
ROADS,
HIGHWAYS:
PAGE 84
REGULAR MEETING - JULY 25, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
E. City Manager displayed a map showing a resubdivision in the
Forest Acres area as requested by Chugach Development Corporation. He stated
the Planning and Zoning Commission had approved the resubdivision request
with certain contingencies as requested by the administration, specifically
requiring the subdivider to provide all utility services and streets to
the properties before any of the lots were sold. He further stated he was
working on a subdivision ordinance for presentation to Council which would
clearly set forth the requirements for any resubdivision.
F. City Manager reported the City had unexpectedly received
$30,000 in Federal Anti-recession funds.
G. City Manager reported on his meeting the prior week with
the Coastal Energy Impact Program Director from Washington and the staff
of the Department of Community and Regional Affairs and the Coastal Zone
Management office in Juneau, at which time the group discussed the impact
facing Seward and possible available funds to meet those impacts. He
further commented on the road problem at Mile 18 and the administration's
attempts to get the State to take action on repair of the highway. He
stated that Borough Mayor Don Gilman would accompany him to Anchorage to
meet with the Department of Transportation representatives, and then on
to Juneau if necessary, to present the City's case, complete with ground
and air photographs. Gillespie, with Council consent, recommended the
administration prepare a resolution strongly requesting immediate repair
of the road at Mile 18. In answer to questions from Vincent, City Attorney
stated in light of past court rulings, the State would be held liable for
accidents occurring on the roadway due to its present condition.
H. City Manager stated on Wednesday he would be meeting with
the EDA Director from Seattle regarding the local water project funding.
CITY MANAGER: I. City Manager, with Council consent, requested approval
of his attendance at a Regional Action Conference in Seattle on August 11
and 12, the first of regional conferences to be held by the National League
of Cities. He further requested that a Counci1member also attend if at
all possible.
PKS & REC:
XIII.
COUNCIL DISCUSSION:
A. Oldow spoke against Council's action at its July 11 meeting,
rejecting monies offered for the maintenance of the park at the South end
of Fourth Avenue and the designation of the park as "Crawford Park".
XIV.
CITIZENS' DISCUSSION:
A. Karen Swartz appeared and asked if the availability of cable
TV would mean that the current television translator would not be operated
by the City and, if this was the case, stated it would create an undue hard-
ship on lower income people in the area. She further spoke on comments she
had received from Anchorage boaters stating they they wished to receive
electrical service in the Seward Small Boat Harbor but could not do so
while, at the same time, other boats were tied up to slips offering electrical
service but were not taking advantage of it. Harbor Master Singleton stated
that the problem was being resolved as quickly as possible.
xv.
ADJOURNMENT:
The meeting was adjourned at 9:38 p.m.
{~i 1:0.
Vice Mayor
I
WATER:
I
I
PAGE 85
SPECIAL MEETING - AUGUST 4, 1977
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council was called to order at
7:30 p.m. by Vice Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Vincent led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Vice Mayor Hug1i, Counci1members Campbell, Gillespie
and Vincent (Absent, with Council consent were Mayor
Neve' and Counci1members Mott and 01dow)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
IV.
SPECIAL ITEMS:
A. Sid Clark of Arctic Environmental Engineers and the City Manager
spoke and answered questions on the various proposed phases of the City's water
system improvements and displayed a map which designated by color the order of
completion of the recommended improvements. City Manager spoke on the City's
share of the system improvement costs and stated that EDA funding of the project
stood firm at $240,000 and cost over-runs would not be considered for further
funding. Following discussion and questions from Council, it was moved by
Gillespie, seconded by Vincent and unanimously carried by all those present to
approve the administration's recommendation to award the contract for Project
No.1, the Ft. Raymond well, to Western States Associates, and Project No.2.,
the 400,000 gallon tank with a 12 inch line from the Lowell Canyon site to
Second Avenue, to P.R. & S., Inc., and to fund the City's share of the project
costs with $75,000 from the Water Department surplus and $145,000 from the
water and sewer improvements bond, for a total allocation of $220,000.
V.
ADJOURNMENT:
The meeting was adjourned at 8:30 p.m.
~. HuJ J ~\),
Vice Mayor
!,city Seal)
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BIDS - PUR
AGENT:
I
ELECTIONS/
COMPT:
BUILDING/
FOREST
ACRES/
I
P & Z:
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l I II
PAGE 87
REGULAR MEETING - AUGUST 8, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order at
7:30 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Counci1member Mott led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Neve'; Counci1members Campbell, Gillespie, Hug1i,
Mott, 01dow and Vincent
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Hug1i, seconded by 01dow and unanimously carried to
approve the minutes of July 25, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following addition was made to the regular agenda:
IX. Ordinances and Resolutions: B. Resolutions:
4. Proposed Resolution No. 77-32 authorizing
the purchase of a Xerox 4500 copy machine
It was moved by Hug1i, seconded by 01dow and unanimously carried to
approve the regular meeting agenda as amended and the consent calendar as
presented and the following actions were taken:
1.
July 20, 1977, letter from
surplus material/equipment
information and filed.
A1yeska Pipeline regarding
disposal was presented for
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember 01dow gave Kenai Peninsula Borough Assembly Report for
August 2, 1977, and specifically detailed the Borough's allocation of $670,000
of Federal Public Works monies received.
VII.
PUBLIC HEARING:
As requested by the Council at its meeting of July 25, 1977, a public
hearing was scheduled on approved Resolution No. 77-25 which placed a 2 percent
sales tax proposition on the October 4, 1977, general election ballot. No one
appeared from the audience in order to be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION:
A. Bob Summers, engineer and surveyor representing Chugach Development
Corporation (CDC) appeared and spoke on CDC's proposed resubdivision in Forest
Acres. Summers specifically referred to documents received from the City admin-
istration which set forth improvements which had to be completed in the subdivision
before the City would approve the development. Summers stated that three of the
required improvements were not acceptable to CDC and requested Council waive the
following:
1. Installation of a 10 inch sewer line on
Hemlock Street - Summers stated that a
sewer line on Hemlock would not be re-
quired to service CDC's proposed sub-
division and displayed a drawing of the
planned sewer system.
, "
BUILDING/
FOREST
ACRES/
P & z:
BUILDING/
FOREST
ACRES/P&Z:
PAGE 88
REGULAR MEETING - AUGUST 8, 1977
VOLUME 17
VIII.
CITIZENS' DISCUSSION:
(cont'd)
2. No dead-end lines to be allowed -
Summers stated that two cul-de-sacs
were proposed in the subdivision and
thus two short dead-end water lines
would be required to service the
surrounding lots and displayed a draw-
ing of the planned water system.
3. Roads to be finished with two inches of
A-C pavement - Summers stated that
In the past Seward residents had not been
required to bear the costs of street
paving and further called attention to
the fact that the City had received a
Federal grant to pave the rest of the
City streets the coming year. He stated
that CDC felt it was inequitable for the
City to require street paving in the pro-
posed subdivision.
City Manager stated that although the City did not at the present
time have a subdivision ordinance, the conditions as set forth for Mr. Summers
were compatible with the City's current growth plan and that Arctic Environmental
Engineers (AEE) had, at his request, compiled the list of required improvements
related to the CDC development. City Manager requested a delay in Council action
in order to allow time for him to present the drawings as displayed that evening
by Summers to AEE for further comment. Biddy Harney, representing CDC, and Bob
Richardson appeared and spoke against the City's improvement requirements,
specifically the requirement for street paving. Following discussion, 01dow,
with Council consent, called for a 5 minute recess.
RECESS:
The meeting was recessed at 8:14 p.m.; reconvened at 8:18 p.m.
It was moved by 01dow, seconded by Vincent and unanimously carried
to delay decision on CDC's request for waiver of the three improvement require-
ments for a period of two weeks in order to allow time for AEE to review the
proposed improvement plans as set forth by CDC and to make comment. Following
discussion, Neve' scheduled a Council work session for Monday, August 15, at
8:00 p.m. in the City Council Chambers in order to further discuss the subject.
B. Neve' read in full cover letter received August 4, 1977, and
accompanying petition bearing 48 signatures, requesting that the City Council
and the Planning and Zoning Commission require, as of August 1, 1977, a minimum
plot of not less than one-half acre in the Forest Acres subdivision as a pre-
requisite for approval of building plans. Neve', with Council consent, requested
that the item also be continued for discussion at the August 15 work session.
Hug1i requested the administration present Council with background
information on both subjects scheduled for the work session prior to the meeting.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Resolutions:
S B HARBOW 1. Copies being made available for the public, City Clerk read
RESOLUTIONS: by title only proposed Resolution No. 77-29 entitled:
A Resolution Approving the Construction
of an 800 Feet Transient Float in the
Seward Municipal Small Boat Harbor by
the State of Alaska
PAGE 89
REGULAR MEETING - AUGUST 8, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Resolutions:
(cont'd)
S B HARBOR/ City Manager explained that Don Statter of the Division of Waters and Harbors
RESOLUTIONS: had informed him that Council adoption of a resolution supporting the State's
(cont'd) proposed construction in the Small Boat Harbor was a prerequisite to commencement
of the project. Following discussion, it was moved by Vincent, seconded by
Hug1i and unanimously carried to approve Resolution No. 77-29.
ILEG REPS/
RESOLUTIONS: 2. Copies being made available for the public, City Clerk read
by title only proposed Resolution No. 77-30 entitled:
A Resolution Expressing Concern Over
the Impact Which Licensing of Foreign
Processor Ships ~i11 Have on the Em-
ployment, Tax Base and Economy of
Alaskan Communities
July 25, 1977, letter from the City of Cordova, Mayor James A. Poor, with attach-
ments, requesting Council action on an resolution prohibiting foreign water based
processors was noted. It was moved by Od1ow, seconded by Hug1i and unanimously
carried to approve Resolution No. 77-30.
STREETS,
ROADS,
HIGHWAYS/
RESOLUTIONS:
3. Copies being made available for the public, City Clerk read
by title only proposed Resolution No. 77-31 entitled:
A Resolution Authorizing an Agreement
With Trans-Alaskan Engineering for a
Specific Road Design Project
I
August 1, 1977, cover letter and attached 'proposal for a high school access road
design presented by Trans-Alaskan Engineering was noted. City Manager stated the
Kenai Peninsula Borough School District had requested that the City construct an
access road from the new Seward high school to connect with the Seward Highway.
He stated that the project, including the design phase and administrative costs,
would be funded by the Borough and/or an assessment district. He further explained
the proposed route of the access road which would begin on the north side of the
high school, cross the cemetery and recreation camps and connect with the Seward
Highway. 01dow and Vincent voiced objection to the proposed road route and the
need for such. Following discussion, it was moved by Mott, seconded by Campbell
and carried as follows to approve Resolution No. 77-31:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hug1i, Mott and Neve'
Oldow and Vincent
None
BIDS-PURCH
AG ENT /
BUDGET/
RESOLUTIONS:
4. Copies being made available for the public, City Clerk read
by title only proposed Resolution No. 77-32 entitled:
A Resolution Approving the Purchase of
a Xerox 4500 Copy Machine and Appropri-
ating Funds
City Manager spoke in support and answered questions on the resolution. Follow-
ing discussion, it was moved by 01dow, seconded by Campbell and unanimously
carried to approve Resolution No. 77-32.
I X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
None
\'1\ ,
PAGE 90
REGULAR MEETING - AUGUST 8, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
SP COM EVENTS: A. July 29, 1977, letter from the Department of Natural Resources,
Division of Parks, requesting the Council reconsider its stand against the
nomination of City property for the National Register and further requesting
Council representation at a meeting scheduled for August 11 at the Seward
library, was noted. There were no Council comments in favor of reconsidering
approval of the National Register program.
STREETS, ROADS, B. City Manager stated that the project to chip seal the City streets
HIGHWAYS: was complete and asked for authorization to pay Quality Asphalt $68,057 for
the work, the City to be reimbursed the cost of the project from Federal Roads
and Trails funding. Following discussion, it was moved by Mott, seconded by
Oldow and carried as follows to authorize the City Manager to issue a check in
the amount of $68,057 to Quality Asphalt for payment in full of the chip seal
project:
OLDOW departed the Council Chambers at this time.
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hug1i, Mott, Neve' and Vincent
None
01dow
OLDOW returned to the Council Chambers at this time.
C. City Manager stated that he had received a request from a local
citizen that the Council prohibit peddlers and solicitors in the City of Seward
such as the recent outdoor sale of used furniture at the corner of 4th and Adams.
Hug1i, with Council consent, requested that the item be placed on the August 15
work session agenda for Council review.
D. City Manager stated he would be unable to attend the National
League of Cities meeting in Seattle on August 11-12 and invited a Councilmember
to go in his place.
STREETS, ROADS, E. City Manager stated he had an appointment to meet with Governor
HIGHWAYS: Hammond at 2:00 p.m. on Wednesday, August 10, regarding the Mile 18 road
situation and that he would be accompanied by David Stringer of the Chamber of
Commerce, Representative Loveseth and Kenai Peninsula Borough Mayor Don Gilman.
He requested Council authorize the attendance of Counci1member Vincent at the
meeting also. It was moved by 01dow, seconded by Mott and unanimously carried
to approve Vincent's attendance at the meeting in Juneau on August 10.
F. For those Counci1members not in attendance at the Thursday,
August 4 special Council meeting, City Manager reviewed the status of the
City water projects.
G. City Manager announced a Coastal Energy Impact Program meeting
had been scheduled in Anchorage on August 24, 9:00 a.m., at the Anchorage
Westward Hilton, at which time the interstate allocation of funds would be
discussed and invited those Counci1members available to accompany him and the
Administrative Assistant to the meeting.
H. City Manager stated that Senator Stevens would be setting up
his mobile office in Seward on Friday, August 12 and would be at the office
between the hours of 9:00 a.m. and 5:00 p.m., and, with Council consent,
suggested the mobile office be allowed to locate on the North end of the City
Hall building.
XIII.
COUNCIL DISCUSSION:
WATER:
A. In answer to a questioll from Gillespie regarding what appeared
to be oil slicks of large dimensions in the Bay off the 7th Avenue beach area,
Neve' stated that the Institute of Marine Science was investigating what was
believed to be a "bloom" of microscopic plankton to such an extent that the
growth was visible.
B. Neve' invited the Council and public to the Institute of Marine
Science'sl open house scheduled for Augus t 20, 1977.
I
I
ES/
JESSE LEE
HOME/WATER:
I
l) ,
. i
PAGE 91
REGULAR MEETING - AUGUST 8, 1977
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
A. Dorothy Noyes appeared and asked if Louisiana Pacific was
dumping wood chips and sawdust into the Bay, stating that there was a
considerable amount of debris along the beach on the East side of the Bay.
Neve' stated the situation was due to the unusual wind pattern and storm
the prior week.
xv.
ADJOURNMENT:
The meeting was adjourned at 9:08 p.m.
r~,,;_~~!7n::)7n,~ '"
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~~:e E. Shanley;:~
City Clerk-Treasurer " ;
~~ A '#k-er
Richard A. Neve'
Mayor
,.
('{;ity Seal)
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-------~~~~~~~:~~--------------------------------------------------------
PAGE 91
SPECIAL MEETING - AUGUST 15, 1977
VOLUME 18
1.
CALL TO ORDER:
The special meeting of the Seward City Council was called to order
at 8:05 p.m. by Mayor Neve'.
II.
OPENING CEREMONY:
Neve' led the pledge of allegiance to the flag.
II 1. ROLL CALL:
Present were: Mayor Neve'; Counci1members Campbell, Gi11espie*,
Hug1i*, Mott, Oldow*, and Vincent
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk-Treasurer Shanley
* Counci1member Gillespie arrived at 8:07 p.m.; Hug1i at 8:09 p.m.; 01dowat
8:20 p.m.
IV.
SPECIAL ITEMS:
Counci1member Gillespie arrived at this time.
A. Copies being made available for the public, City Clerk read by
title only proposed Resolution No. 77-33 regarding the taking of land for
City water improvements, entitled:
A Resolution of the City Council of the City of
Seward, Alaska, Authorizing the Condemnation of
Certain Property Located Within the Tract Known
as the Jesse Lee Home Property and Authorizing the
Immediate Filing of a Declaration of Taking
City Manager spoke and answered questions on the resolution, stating that
adoption would allow the City to take a 40 by 40 foot parcel from the Jesse
Lee Home area for the installation of an above ground pressure pump station
which is needed for the water supply to the new high school. In answer to a
question from Vincent, City Manager stated the City Attorney had advised him
that adoption of the resolution was the most acceptable way to go about obtain-
ing the property in view of the fact that Tract A of the Jesse Lee Home area
was currently in litigation due to the default of Inn Seward, Inc.
Counci1member Hug1i arrived at this time.
i\n
RES/
JESSE LEE
HOME/WATER:
(cont'd)
RES/
WATER:
C Z M:
P & Z/
BUILDING/
FOREST
ACRES:
FOREST ACRES/
P & Z/
BUILDING:
P AG E 92
SPECIAL MEETING - AUGUST 15, 1977
VOLUME 18
IV.
SPECIAL ITEMS:
(cont'd)
Following discussion, it was moved by Mott, seconded by Vincent and carried as
follows to approve Resolution No. 77-33:
Ayes:
Noes:
Absent:
Abstain:
Campbell, Gillespie, Mott, Neve' and Vincent
None
01dow
Hug li
title
for a
(EDA)
B. Copies being made available for the public, City Clerk read by
only proposed Resolution No. 77-34 authorizing the City Manager to apply
Local Public Works (LPW) Grant from the Economic Development Administration
for construction of a water pump station, entitled:
A Resolution Authorizing the City Manager to
Apply for LPW Grant Funds in the Amount of
$50,000 to Assist in the Construction of a
Constant Pressure Pump Station
City Manager spoke and answered questions on the resolution pertaining to the
estimated $126,000 constant pressure pump station needed for the water supply
to the new high school, stating that the pump station would be constructed
at no cost to the City. Following discussion, it was moved by Campbell,
seconded by Mott and unanimously carried by all those present to approve
Resolution No. 77-34.
C. City Manager distributed Northrim Associates' letter dated
August 2, 1977, requesting the City's cooperation in co-sponsoring an Alaska
Coastal Management workshop, and read in part the sections of the letter
pertaining to the City's responsibilities if the co-sponsorship was approved.
He further stated that at the present time he did not have the staffing
available to meet the request as set forth. Following discussion, Vincent
stated he would discuss co-sponsorship with the Chamber of Commerce Board.
Counci1member 01dow arrived at this time.
It was moved by Campbell, seconded by Vincent and unanimously carried to table
the subject of the City co-sponsoring a Coastal Zone Management workshop with
Northrim Associates until the next Council meeting.
D. City Manager noted that discussion of a City subdivision ordinance
had been placed on the agenda specifically due to the fact that Chugach Develop-
ment Corporation (CDC) had requested a waiver of certain required improvements
for a planned Forest Acres subdivision. He further stated that the administra-
tion had been notified that afternoon by Mr. Joe Josephson, representing himself
as the legal counsel for CDC, that CDC wished to withdraw the subdivision
plans. Robert Summers, surveyor and engineer for CDC, appeared and stated
that even though CDC had withdrawn their request due to the economics involved
and the lateness of the building season, he felt it was in the City's best
interests to pursue the development of a subdivision ordinance in a timely
manner. Following discussion, Neve' requested the administration present
Council with a model subdivision ordinance prior to further discussion.
E. Neve' read in full cover letter received August 4, 1977, and
attached petition bearing 48 signatures, requesting that the City Council and
the Planning and Zoning Commission require, as of August 1, 1977, a minimum
plot of not less than one-half acre or 21,781 square feet, for new residential
building lots in the Forest Acres Subdivision. City Manager spoke and answered
questions on the procedure for setting specific building limitations in specific
areas and stated it would be impractical to try to accomplish such within the
City zoning ordinance; instead, he recommended the Forest Acres Homeowners'
Association consult legal counsel and have the area re-covenanted similar to
the covenants which expired in 1975. He further stated that in order to allow
the Homeowners time to act on the matter, he would recommend to Council and the
Planning and Zoning Commission that a 90 day moratorium be observed on all
requests for resubdivisions in the area. Various residents of Forest Acres
appeared and spoke on the situation. Following discussion, Neve', with Council
consent, supported the recommendations as set forth by the City Manager.
POLICE:
I
HARBOR/
ELECTRIC:
COUNCIL:
I
J
PAGE 93
SPECIAL MEETING - AUGUST 15, 1977
VOLUME 18
IV.
SPECIAL ITEMS:
(cont'd)
F. City Manager stated evaluation of the current City Code provIsIons
allowing peddlers and solicitors infue Seward City limits had been placed on the
agenda for Council discussion due to the fact that he had received numerous
complaints of a recent used furniture sale on the corner of 4th and Adams. He
explained the provisions of the current Code controlling transient vendors
and stated that although the City could prohibit peddlers from operating on
City property, if they had acquired private property on which to sell their
wares and met the Code requirements, he could not refuse to issue them a
license. City Manager further commented on a Supreme Court decision involving
the City of Juneau which ruled that cities could not totally prohibit transient
merchants; however, he recommended that the Council consider stricter require-
ments such as placing a time limit on the days of operation and increasing the
daily license fee. Various City residents appeared from the audience and
spoke in support of the character added to the City by transient merchants.
Following discussion, Neve' requested that the item be placed on the next
Council agenda for further discussion.
G. City Manager stated he had received a request from operators
of the Aleutian Key, a semisubmersib1e Gulf oil rig, to anchor off the 7th
Avenue beach area and obtain City electrical power for the operation of living
quarters while the rig was being repaired. He further stated the rig would
like to anchor within the week and stay anywhere from three weeks to three
months. Neve', with Council consent, stated that Council had no objections
to the Aleutian Key anchoring off the 7th Avenue beach area and receiving
City electrical power if the noise level was kept to a minimum during the
evening hours.
H. City Manager stated that on Monday, August 22, a special Senate
hearing was scheduled in Fairbanks on The Alaska Railroad public financing
and that on Tuesday, August 23, there was a Coastal Energy Impact Funding
meeting in Anchorage. He requested that the regular Council meeting scheduled
for Monday, August 22, be rescheduled or cancelled in order to allow staff
to attend the two meetings. Following discussion, Neve', with Council
consent, stated that the August 22 regular Council meeting would be cancelled
and the next regular meeting of the body would be September 12, 1977.
V.
ADJOURNMENT:
was adjourned at 9:23 p.m.
~ jr;/~/'
Richard A. Neve'
Mayor
(C:i;,tySea1)
l~)~:;:;:j . ~ \ t'..)
'(.:,'~ f~ Or i\'....'
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C'
PAGE 94
REGULAR MEETING - SEPTEMBER 12, 1977
VOLUME 18
1.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:30 p.m. by Vice Mayor Hugli.
II. OPENING CEREMONY:
Counci1member Mott led the pledge of allegiance to the flag.
II I. ROLL CALL:
Present were: Vice Mayor Hug1i; Counci1members Campbell, Mott,
Oldow and Vincent (Absent, with Council consent,
were Mayor Neve' and Counci1member Gillespie)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk-Treasurer Shanley
TRIBUTES AND PROCLAMATIONS:
PROC & TRIB: Hug1i presented a plaque of appreciation to past Counci1member Hu1m,
explaining that the presentation had been previously made; however, the plaque
was redone due to the inferior quality of the original one.
PROC & TRIB/
PERSONNEL: to Henry
Program.
City Clerk read in full "Certificate of Appreciation" to be presented
C. Locke and Christy A. Nelson, City employees of the Summer Recreation
PROC & TRIB: City Clerk read in full proclamation declaring September 24, 1977,
as Hunting and Fishing Day and Vice Mayor Hug1i so proclaimed.
IV. APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Mott and unanimously carried
by all those present to approve the minutes of August 4, 8 and 15, 1977, as
written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
IX. Ordinances and Resolutions: A. Ordinances for Introduction:
1. Proposed Ordinance No. 442 regarding the sale of
abandoned vehicles
2. Proposed Ordinance No. 441 regarding City Building Code -
conditional use permits (placed out of order on agenda)
XI. New Business:
B. City Council attendance record and the people's right to
know
It was moved by Mott, seconded by Vincent and unanimously carried
by all those present to approve the consent calendar as presented and the
regular meeting agenda as amended and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for July,
1977, was approved and filed.
POLICE DEPT:
2. Letters to the Editor of the "Alaskan Advocate",
regarding article on Seward Police Department,
were filed.
ALASKA, ST OF:
3. Prince William Sound Multi-Modal Transportation
Study Report, received August 23, 1977, was filed.
STREETS, ROADS,
HIGHWAYS:
4. August 9, 1977, letter from the Department of
Transportation and Public Faci1itie~ stating that
no plans had been made to pave Nash Road within
the next five years, was filed.
LEG REPS:
S B HARBOR:
I
,It;
PAGE 95
REGULAR MEETING - SEPTEMBER 12, 1977
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
5. August 10, 1977, letter from Edward F. Naughton on
City resolutio~ regarding offshore foreign fish
processors, was filed.
6. August 10, 1977, letter from Corps of Engineers, stating
that no Federal earthquake funds were available for
dock restoration in Seward at this late date, was
filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember 01dow gave Kenai Peninsula Borough Assembly report
for September 6, 1977.
VII.
PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
No one from the audience was scheduled to appear at this time.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
POLICE DEPT: 1. City Manager distributed and City Clerk read in full proposed
Ordinance No. 442 regarding the sale of abandoned vehicles entitled:
I
BUILDING:
S 'HARBOR'
An Ordinance Authorizing the Sale of Abandoned
Vehicles After an Impoundment of 30 Days
Copies of the ordinance were made available to the public and the City Manager
explained that State statutes required a 20 day waiting period before abandoned
vehicles could be sold,whereas the current City Code required a 90 day waiting
period; and, the new new ordinance, if adopted, would required only a 30 day
waiting period, thus relieving the City of the need to store the vehicles for
the longer period of time. Following discussion, it was moved by Mott, seconded
by Vincent and unanimously carried by all those present to introduce Ordinance
No. 442 and set the public hearing date and vote on enactment for October 10,
1977 .
2. Copies being made available for the public, Hugli noted
by title only proposed Ordinance No. 441 regarding the City Building Code
entitled:
An Ordinance Relating to Buildings, Repealing
and Re-enacting Section 6-4 of the Seward City
Code
It was noted that at its meeting of July 13, 1977, the City Advisory Planning
and Zoning Commission had recommended the rewording of Section 6-4 of the
City Code as set forth in the proposed ordinance. Following discussion, it
was moved by 01dow, seconded by Mott and unanimously carried by all those
present to introduce Ordinance No. 441 and set the public hearing date and
vote on enactment for October 10, 1977.
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available for the public, Hug1i noted by
number only proposed Ordinance No. 440 regarding the Small Boat Harbor entitled:
An Ordinance Repealing Section 5-80.2, Grid
Fees, of the Seward City Code and Repealing
and Re-enacting Section 5-80.1 of the Seward
Code, Establishing Service Fees for the Seward
Municipal Small Boat Harbor and its Facilities
(,r
S B HARBOR:
(cont'd)
BUDG ET /
RESOLUTIONS:
PAGE 96
REGULAR MEETING - SEPTEMBER 12, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
Upon the request made by the City Manager, it was moved by 01dow, seconded by
Mott and unanimously carried by all those present to continue the public
hearing on Ordinance No. 440 until the October 10, 1977, meeting.
C. Resolutions:
1. Copies being made available for the public, Hug1i noted
by title only proposed Resolution No. 77-35 regarding fiscal year 1976-77
budget entitled:
A Resolution Appropriating and Authorizing
Past Expenditures of Funds During Fiscal
Year 1976-77
City Manager and City Attorney spoke and answered questions on the need for
the resolution, stating the document had been requested by Price Waterhouse,
the City's auditors, in order to clarify various expenditures the past fiscal
year which had not been explicitly authorized by Council in the form of a
resolution. Following discussion, it was moved by Mott, seconded by 01dow
and unanimously carried by all those present to adopt Resolution No. 77-35.
S B HARBOR: 2. City Manager stated that due to the request of the Harbor
Commission, the final draft of proposed Resolution No. 77-36 regarding Small
Boat Harbor fees had not yet been prepared and requested Council continue
the item to the October 10, 1977, meeting. It was moved by 01dow, seconded
by Mott and unanimously carried by all those present to continue Resolution
No. 77-36 to October 10, 1977.
x.
UNFINISHED BUSINESS:
SCHOOLS: A. "Notice of Vacancy - Community College Council" published in
the local newspaper on August 4, and 11, 1977; and July 20, 1977, letter from
Marilyn E. Rowley requesting appointment to the Kenai Peninsula Community
College Policy Advisory Council, were noted. Bob Richardson appeared and
stated that appointment of Bob Booher as the Seward area representative on
the Policy Advisory Council had already been formalized. Following discussion,
Rowley appeared and asked for a written statement from the Kenai Peninsula
Community College on the nominations received and procedures followed in
appointing a representative from the Seward area.
POLICE DEPT: B. Council discussed the provisions of City Code Chapter 16 re-
garding peddlers and solicitors and, following discussion and comments by
the City Attorney regarding a Supreme Court case which prohibits cities from
totally baring the operations of transient merchants, Hug1i, with Council
consent, stated if the meeting adjourned at a reasonable hour that evening
a short work session would be held immediately following to discuss amend-
ments to the current Code section. City Manager stated that once recom-
mendations had been received from the Council for amendments to the Code
section, a draft ordinance would be prepared for Council consideration at
its meeting of September 26, 1977.
INDUSTRIAL
PARK SUB:
C COUNCIL:
XI.
NEW BUSINESS:
A. September 1, 1977, cover letter from Dresser Industries and
attached revised lease agreement for the lease of Lot 16, Seward Industrial
Park, was noted. City Attorney spoke and answered questions on the amend-
ments made in the document by Dresser. Following discussion, City Manager
stated he was to meet with Dresser representatives the following week to
discuss in detail an agreement for the supply of power, water and other
necessary utilities to the premises and further stated he would keep Council
informed on the progress.
B. Councilmember Vincent stated he had asked the item "Council
attendance and the people's right to know" be placed on the agenda because
he felt that the citizens of Seward should have an opportunity at least
once a year to review the attendance record of all Counci1members. 01dow
stated that although she agreed with Vincent, such a list was not always
a valid picture of individual Counci1member's involvement in City affairs,
and further stated that she had missed two Council meetings while in Europe,
at which time she was a guest of British Petroleum due to the fact that she
was a member of the Seward City Council. Following discussion, it was moved
COUNCIL:
(cont'd)
PAGE 97
REGULAR MEETING - SEPTEMBER 12, 1977
~l
VOLUME 18
XI.
NEW BUSINESS: (cont'd)
by Vincent, seconded by Mott and unanimously carried by all those present
to direct the City Clerk to publish an attendance record of all City Council-
members for the past year in the local newspaper at least two weeks prior
to Election Day.
XII.
CITY MANAGER REPORTS:
TRIS, ROADS, A. August 1, 1977, letter
HWYS: and Public Facilities requesting the
and Trails Program funds, was noted.
from the Department of Transportation
City's nominations for local Roads
The following suggestions were made:
HARBOR:
I
WATERFRONT
TRACTS:
POLICE DEPT:
I
POLICE DEPT:
1. Chip sealing
2. Paving of those City streets that are not
covered under the street paving project
scheduled for the Spring of 1978
3. Road access to 4th of July Creek
4. Access road from the new elementary school
to the Seward Highway
City Manager stated he would forward the nominations to the Department of
Transportation by September 15, 1977.
B. City Manager reported a problem was developing in the Harbor
area due to the large number of people who were ignoring the "No Parking"
zones throughout the area. He stated that the past City administration had
apparently issued parking permits to various individuals having business in
the harbor area; however, there was no contro11ist for the permits and he
did not know how many were in circulation or the criteria used for issuance.
He stated that recently the Harbor personnel had been ticketing numerous
vehicles parking in restricted areas. Martin Goreson, Dolly Deiter, Ken
Turner, Emery Sample, Fred Armstrong and Les Purtle appeared and spoke against
the issuance of parking tickets and stated that the previously-issued parking
permits should continue to be honored or another solution to the problem be
found. Harbor Master Singleton appeared and spoke and answered questions on
the problems the Harbor personnel encountered in trying to control parking
in the area. City Manager asked for Council direction as to whom should
receive special permits for parking in the harbor. Following discussion,
the City Manager was directed to take the issue to the Harbor Commission for
a recommendation and a moratorium was declared on the issuance of parking
tickets in the area until an alternative solution was presented to Council.
City Manager stated an ordinance for Council consideration would be presented
at the October 10, 1977, meeting on the issue.
C. City Manager stated that the previous rentor of the "old carpenter
shop", located at the South end of 4th Avenue, had vacated the premises approxi-
mately two months ago and since that time he had been contacted by an interested
party who wanted to operate a fix-it shop for appliances out of the building.
Following discussion, it was moved by Mott, seconded by Campbell and unanimously
carried by all those present to authorize the City Manager to enter into an
agreement with the interested party for rental of the "old carpenter shop" at
$200 per month with the stipulation that the renter be on a continual 60 day
notice to vacate the premises.
D. City Manager stated he had received notification of a Civil
Defense meeting to be held in Juneau September 19-22, 1977, to be conducted
by the Alaska Division of Emergency Services, and requested that Lt. Milt
Olson be authorized to attend the meeting. It was moved by 01dow, seconded
by Mott and unanimously carried by all those present to authorize the attendance
of Lt. Olson at the seminar.
E. City Manager requested permission to schedule a surplus City
property sale for October and read a list of vehicles and equipment to be
sold. Following discussion, it was moved by Mott, seconded by 01dow and
unanimously carried by all those present to authorize the City Manager to
schedule a surplus property sale of City property as listed, using the sealed
bid process.
() \)
PAGE 98
REGULAR MEETING - SEPTEMBER 12, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
STREETS, ROADS,
HIGHWAYS: attached
the Mile
C ATTORNEY/
C ENGINEER:
PERSONNEL:
BunG ET :
F. City Manager distributed September 8, 1977, cover letter and
September 6, 1977, letter from Governor Jay S. Hammond regarding
18 highway repair schedule.
G. City Attorney stated that the City was being sued by Messrs.
Clark and White of Engineering Science of Alaska for the sum of $49,000
and the City had entered a counter-suit for $200,000 for breach of contract.
He stated the documents were public information and on file for Council
review.
H. City Manager stated at the present time the City was involved
in proje.cts which involved approximately $700,000 in Federal and State funds
and about $35,000 had been earmarked for administrative project costs due
to the fact that it was necessary to keep very detailed records on all the
government funds. Therefore, he requested that he be authorized to proceed
with a resolution to employ a project administrator on a part time basis
to specifically organize and oversee the administration of the government
Following discussion, it was moved by 01dow, seconded by Mott
but did not carry as follows to authorize the City Manager to proceed with
a resolution to establish the position of project administrator on a part
time basis:
Ayes:
Noes:
Absent:
Hug1i, Mott and 01dow
Campbell and Vincent
Gillespie and Neve'
1.
by the City's
make a formal
City Manager distributed draft management letter prepared
auditors, Price Waterhouse, and stated that the company would
presentation of the audit at the Council meeting of October 10.
XIII.
COUNCIL DISCUSSION:
ELECTRIC DEPT: A. Vincent stated the City Council and administration had to
take a stronger stand in getting Chugach Electric Association (CEA) to
investigate the problem of stray electrical currents in the Bear Creek
area. In response, City Manager stated that the City had checked all of
its lines and suspected that the problem was in the grounding at the sub-
station and Chugach was expected to be down within the next few days to
check its lines. He further commented on improvements currently being made
to the City electrical lines and monies the administration was trying to
obtain from Coastal Energy Impact Program funding for upgrading of the
system. In answer to a question, the City Manager further commented on
the progress of a contract with CEA for supply of wholesale power and stated
that the last few years the electrical utility had been losing money and
that a rate adjustment would have to be considered in the near future.
B. In answer to a question from Mott, City Manager stated the
local Public Works Department would be grading the alleys before the winter
season.
C. Pam 01dow stated that it appeared that Anchorage might find
an alternative to EPA's requirements for secondary sewage treatment and
that the City should keep informed on the progress. In response, City
Manager stated the Senate had recently passed a bill which would exempt the
City of Seward from secondary treatment and the bill would go before the
House shortly; however, he stated the City was still under pressure from
EPA to proceed with the project and that a decision would have to be made
in the next 30 to 60 days.
D. City Clerk, upon request by Mott, reported on those individuals
who had filed for Council positions for the October 4, 1977, election.
E. Hug1i requested that the administration look into placing a
microphone in the Council Chambers.
XIV. CITIZENS' DISCUSSION:
Marilyn Rowley appeared and spoke on appointment to the Kenai
Peninsula Community College Policy Advisory Council (see X. A.)
No one else appeared in order to be heard.
I
I
I
COMPTROLLER:
PAGE 99
REGULAR MEETING - SEPTEMBER 12, 1977
" A
:, :J
VOLUME 18
xv.
ADJOURNMENT:
The meeting was adjourned at 9:37 p.m.
Council immediately conducted a study session on City Code
Chapter 16 regarding the operations of peddlers and solicitors within
the City. limits..
. . ' ~
~. .....~ lit)
, ~ .2_~ ~ '
Jo ne E. Shanley Raym~li
City Clerk-Treasurer VIce Mayor
(City Seal)
--------------------------------------------------------------------------------
PAGE 99
REGULAR MEETING - SEPTEMBER 26, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order at
7:43 p.m. by Vice Mayor Hug1i.
II.
OPENING CEREMONY:
Counci1member Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Hugli; Counci1members Campbell, Gillespie,
Mott, 01dow and Vincent (Absent, with Council consent,
was Mayor Neve')
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Vincent, seconded by 01dow and unanimously carried by
all those present to approve the minutes of September 12, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
IX. Ordinances and Resolutions: C. Resolutions:
2. Proposed Resolution No. 77-38 authorizing the Lease
of Lot 16, Seward Industrial Park, to Dresser Industries
3. Proposed Resolution No. 77-39 amending the Lease of
Lot 1, Block 1, Marina Subdivision
4. Proposed Resolution No. 77-40 accepting the State grant
for water system improvements
It was noted that VIII. Citizens' Discussion: B. Jack Werner's presentation
on a liquor license, was deleted from the agenda.
Following discussion, it was moved by Mott, seconded by Campbell and
unanimously carried by all those present to approve the regular meeting agenda
as amended and the consent calendar as presented and the following action was
taken:
1. Comptroller's list of Account's Payable for August 1977
was approved and filed.
lnn
OCEANVIEW
SUB:
PAGE 100
REGULAR MEETING - SEPTEMBER 26, 1977
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Oldow gave Kenai Peninsula Borough Assembly report
for September 20, 1977, and specifically stated that the Kenai Peninsula
Borough and the State Department of Community and Regional Affairs would be
using 2,200 as the official population figure for the City of Seward.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
A. September 12, 1977, letter from Don Coisman, requesting a 180 day
extension to meet the requirements of the R-21 Urban Renewal Project agreement
between himself and the City of Seward, was noted. Coisman appeared and spoke
and answered questions in support of his request for a six month extension on
the contract provisions for obtaining assurance of financing for the project.
City Manager spoke and answered questions on the history of the sale of the
property to Coisman and the continual delinquency of Coisman in meeting terms
of the agreement, signed in October of 1976. Following discussion, it was
moved by Mott, seconded by Campbell and unanimously carried by all those present
that Coisman be allowed a 90 day extension on his agreement with the City, in
order to obtain assurance of financing, but that no construction of any type would
be allowed on the property in question until such assurance was secured.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
POLICE DEPT/ 1. Copies being made available to the public, Hug1i noted by
RES: number only proposed Resolution No. 77-3~ authorizing an agreement with the
State Division of Corrections for use of the City jail facility, entitled:
INDUSTRIAL
PARK SUB/
RES:
MARINA SUB/
RES:
A Resolution Authorizing the City Manager to
Enter into an Agreement with the State Division
of Corrections for Use of the City Jail Facilities,
and Revising the City Budget for Fiscal Year 1977-
78 to Reflect the Remuneration of Said Agreement
City Manager spoke and answered questions on the resolution and the attached
budget revisions, stating that the original 1977-78 budget had reflected an
expected $66,000 from the agreement; therefore, the Police Department budget
had been amended by removing one CETA position of approximately $18,000, in order
to accurately indicate the actual amount of $50,000 to be received the coming
year due to the contract. Following discussion, it was moved by Oldow, seconded
by Mott and unanimously carried by all those present to approve Resolution No. 77-37.
2. Copies being made available to the public, Hug1i noted by
number only proposed Resolution No. 77-38, approving the lease of Lot 16, Seward
Industrial Park, to Dresser Industries, entitled:
A Resolution Disposing of Lot 16, Seward
Industrial Park, and its Contiguous Tide-
lands, by Lease to Dresser Industries, Inc.
It was moved by 01dow, seconded by Campbell and unanimously carried by all those
present to approve Resolution No. 77-38.
3. Copies being made available to the public, Hug1i noted by
number only proposed Resolution No. 77-39, regarding the lease of Lot 1, Block
1, Marina Subdivision, entitled:
A Resolution Enlarging the Lease of City
Property to Keith L. and Dorothy Knighten
MARINA SUB/
RES:
(cont'd)
I
WATER DEPT/
RES:
I
PAGE 101
REGULAR MEETING - SEPTEMBER 26, 1977
] 01
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
City Manager explained that the original lessee of Lot 1, Block 1, Marina Sub-
division, had constructed a reefer van unit on a portion of property adjacent to
Lot 1, Block 1, and that the City, in 1975, had resubdivided that area in order
to allow the additional property on which the van was located to be designated
as a portion of Lot 1, Block 1. He further stated that the lessee had been
charged for the additional square footage; however, a formal amendment to the
original lease agreement had never been executed. He explained that the lack
of an amended lease agreement had posed a problem when the current lessee,
Dale Clemens, had tried to assign his lease to the First National Bank of
Anchorage for loan purposes. City Manager stated that the proposed resolution
would correct the past discrepencies. Following discussion, it was moved by
Mott, seconded by 01dow and unanimously carried by all those present to approve
Resolution No. 77-39.
4. Copies being made available to the public, Hug1i noted by
number only proposed Resolution No. 77-40, regarding the State grant offer
for Seward water system improvements, entitled:
A Resolution Accepting the State Grant in
Connection with Seward Water System Improve-
ments
City Manager stated adoption of the reso1tuion was a formal requirement made by
the State in order for the City to receive the $270,000 for the various 1977
water system improvements. In answer to a question from Mott, City Manager
stated the Air Force was cooperating with the Department of Environmental Con-
servation in moving ahead with their responsibility to relocate a sewer, small
storage tank and possibly a lift station due to the fact that they were located
too close to a water well. Following discussion, it was moved by Campbell,
seconded by Mott and unanimously carried by all those present to approve
Resolution No. 77-40.
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS:
WATER DEPT: A. Letter report by Arctic Environmental Engineers, Seward Water Update,
dated August 1977, was noted. City Manager explained that although the document
was already outdated in that various items under the four stages of the Seward
water system development would have to be reprioritized, and specifically cited
the supply of service to Lot 16, Seward Industrial Park, for Dresser Industries,
he stated that Council should formally acknowledge receipt of the report. It
was moved by 01dow, seconded by Vincent and unanimously carried by all those
present to acknowledge receipt of Arctic Environmental Engineers' letter report
of the Seward Water Update dated August 1977.
OCS:
I S B H:
XII.
CITY MANAGER REPORTS:
A. One page graph entitled "Proposed OCS Planning Schedule" dated
August 1977 was noted and City Manager called Council's attention to the various
Outer Continental Shelf sales to be conducted by the Department of the Interior
over the next few years which might impact Seward.
B. Alaska Municipal League Policy Statement, Preliminary Draft, dated
1978, was noted. City Manager asked that all Counci1members review the document
and make any suggestions prior to the Alaska Municipal League meeting scheduled
for November 3-5, 1977, in Juneau.
C. City Manager distributed and read in full his draft letter dated
September 26, 1977, which he proposed to send to Colonel George R. Robertson,
Alaska District Engineer, U.S. Army Corps of Engineers, requesting to change
the feasibility study on expansion of the Seward Small Boat Harbor from a General
Investigation to a Section 107 Study. He explained that time was of the essence
and he was of the opinion that a Section 107 Study could mean a difference of up
to two years in the initiation of construction. In answer to a question, City
11 1\ ')
. ',_J-..J
PAGE 102
REGULAR MEETING - SEPTEMBER 26, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
S B H:
(cont'd)
Manager stated that the local share of construction costs might be funded by the
State of Alaska and further stated that Don Statter of the Division of Waters
and Harbors had informed him that he was introducing a package to the Legislature
which would earmark $2,000,000 for City of Seward Harbor expansion. Following
discussion, it was moved by Gillespie, seconded by Oldow and unanimously carried
by all those present to authorize the City Manager to forward the letter as
presented to the Army Corps of Engineers.
OCEANVIEW SUB: D. City Manager reported on the status of the R-21 sale of Lots 9-13,
Block 2, Oceanview Subdivision, to Don Ennis and stated that on June 9 Ennis
had applied for the required building permits for the lots but had failed to
return to pick up the approved permits. He stated the administration had
forwarded to Ennis a certified letter informing him of his noncompliance with
the terms of the contract and the City's intention to initiate foreclosure
proceedings if compliance was not forthcoming. Following discussion, Vincent
requested that the matter be continued in order to allow him to to talk to
Ennis personally and ask him to be in attendance at the October 10 meeting if
he wished to ask for a continuation of time to meet the terms of the contract.
Hug1i directed the City Clerk to place the item on the Council agenda for
October 10 for further discussion and a report from Vincent.
STREETS, ROADS, E. City Manager stated bids had been opened on the Local Public
HIGHWAYS: Works Paving Project for the City of Seward and distributed Arctic Environmental
Engineers statistical sheet on the various bids received. He stated that the
Engineers' estimate had been $889,650; however, the responsible low bid on
the project had been $691,482, and requested Council authorize the City
administration to accept the bid from Associate Asphalt of Fairbanks. It
was moved by Hug1i, seconded by Mott and unanimously carried by all those
present to accept the bid of Associate Asphalt of Fairbanks for the LPW
street paving project at $691,482.
City Manager stated he would recommend approximately $110,000
be added to the surplus funds realized from the project due to the low bid,
and proceed with the paving of Second Avenue along the West side of the lagoon
in the Dairy Hill area, and also install a water main and a sewer trunk line
under the roadway. He stated that of the $110,000 extra funding required,
$55,000 would be available from the State Department of Environmental Conserva-
tion and he requested Council authority to proceed with the negotiations for
instituting his recommendations. In answer to a question from Vincent, City
Manager stated the estimated cost figures including blasting for the laying
of pipe and certain rep1atting work required in the Cliff Addition.
Following discussion, it was moved by Gillespie and seconded
by Hug1i to direct the City Manager to present his proposal to EDA and work
in the direction of putting water, sewer and paving in the Dairy Hill area.
Campbell submitted an amendment to the motion, directing the City Manager to
present to Council cost figures on various other projects for use of the
surplus funds; Hug1i ruled the amendment out of order. Following discussion,
the questions was called for on the original motion made by Gillespie; the
motion did not carry as follows:
Ayes:
Noes:
Absent:
Gillespie
Campbell, Hugli, Mott, 01dow and Vincent
Neve'
Hug1i directed the City Manager to prepare a list of alternative
projects for the surplus funds in order to allow Council the opportunity to
review and prioritize the options.
COMPTROLLER/
BUDGET:
F. City Manager stated the City had received $35,168 in Federal
Anti-recession funds, $5,000 of which had to be spent prior to October 1,
1977. He further commented on the stringent regulations for expenditure of
the funds and recommended that $16,000 be allocated for a winter recreation
program to continue through June 30, 1978. He outlined the various programs
which could be offered by the City and stated that personnel-used for the
summer recreation program would be re-hired for the winter program. Vincent
COMPTROLLER/
BUDGET:
(cont'd)
I FOREST
ACRES
SUB:
CLIFF ADDN:
I
SCHOOLS/
ELECTIONS:
PAGE 103
REGULAR MEETING - SEPTEMBER 26, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
requested that some of the funds be spent for upgrading the infield areas of
the two baseball fields and City Manager stated he was investigating the
matter and would have the fields in better condition before the summer of
1978. Following discussion, it was moved by 01dow, seconded by Mott and
unanimously carried by all those present to continue the City recreation
program through June 30, 1978, and allocated $16,000 of the Federal Anti-
recession funds for that purpose.
G. City Manager stated it appeared that Chugach Development Corporation
(CDC) planned to begin selling its property in the undeveloped portion of Forest
Acres Subdivision in the near future and noted that they were the same lots that
CDC had planned to subdivide and develop but had run into a conflict with the
City regarding the supply of utilities to the lots and consequently had abandoned
the development plans. City Manager stated he and the City Attorney questioned
the validity of the existing subdivision due to the fact that some of the lots
on the recorded plat did not have dimensions and, further, the plat had been
filed without any governmental entity's signature approving such. Dick Erickson
of Alaska Business Brokers appeared and spoke in support of cooperating with
the City in the granting of utility easements but against the City trying to
file an injunction to prohibit the sale of the property. Gillespie, noting a
conflict of interest, stepped down from the dais, joined the audience and
spoke against any City action to prohibit the selling of the lots as shown
on the 1953 plat of the area. Following discussion, Hug1i scheduled a Council
study session for 11:00 a.m. Wednesday, September 28, in order to further
discuss the matter. City Attorney confirmed he would have a legal opinion on
the officiality of the 1953 plat at that time.
H. City Manager stated he had issued a stop work order to Mr. Neff
who had begun construction on a concrete wall located along the roadway in
the Dairy Hill area. He stated that no building permit had been issued for
such construction and he considered such a structure to be a public nuisance
due to the danger it posed to the traveling public.
I. City Manager stated an individua~ while driving under the
influence, had run into the rear of the City car the past week.
XIII.
COUNCIL DISCUSSION:
A. In answer to a question from 01dow, City Manager stated that
the agreement between the City and the Alaska Railroad for property in the
Small Boat Harbor area had been forwarded to the Railroad for signing.
B. It was moved by 01dow, seconded by Mott and unanimously carried
by all those present that the City Council would go on record as supporting
the school bond issue (Proposition No.4) on the October 4, 1977, ballot.
C. Mott requested an Executive Session immediately following
adjournment of the regular meeting in order to discuss City personnel.
D. Mott requested that the administration prepare an information
sheet on the two percent sales tax proposition appearing on the October 4
ballot, to be sent out with the utility bills on October 1.
E. In answer to a question from Gillespie, City Manager stated he
was in contact with Dresser Industries regarding the supply of utilities to
Lot 16, Seward Industrial Park.
I
ELECTRIC F. Mott referred to September 23, 1977, letter from CH2M Hill which
DEPT: had been distributed at the commencement of the meeting regarding the City's
problem of high ground currents. City Manager stated the City electrical
crew was working on the City's lines.
C COUNCIL:
G. Vincent objected to the late items added to the agenda, therefore
allowing the Council no time to review the items in order to make an intelligent
decision on the matters, and stated that the procedure must cease.
,~ . \
" ,
PAGE 104
REGULAR MEETING - SEPTEMBER 26, 1977
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
A. Beverly Dunham appeared and commended Counci1member Gillespie
for stating his conflict of interest on matters before the Council.
B. City Manager invited the Councilmembers to attend the Wednesday
evening joint Planning and Zoning Commission - Harbor Commission meeting,
commencing at 7:30 p.m., at which time Paul Carr, consultant for the firm
Simpson, Usher and Jones, would make a presentation on OCS Title IX Strategy
Impact Fund report.
XIV.
ADJOURNMENT:
"::p?JJ1J,,J'~'!he..)~.eeting was adj ourned at 10: 03 p.m.
.. ~,'( "Ari;,,~'ecutive Session was immediately called
(}dlOnaEfJO.~ t ti~;.;' ",
'- c-- '\,'. - ' '~j- '...: ~
('>. '''',
in order to discuss
~g{i;q ~
Vice Mayor
"'
PAGE 104
SPECIAL MEETING - OCTOBER 5, 1977
VOLUME 18
I.
CALL TO ORDER:
Mayor Neve' called the special meeting of the City Council to order at
4:07 p.m.
II.
OPENING CEREMONY:
Neve' led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Neve'; Counci1members Gillespie, Hugli, Mott,
01dow and Vincent (Absent, with Council consent, was
Campbell)
Present also: City Manager Johnson, City Clerk-Treasurer Shanley,
and City Clerk's assistant Faust
IV.
CANVASS OF OCTOBER 4 ELECTION AND DECLARATION OF FINAL RESULTS:
ELECTIONS: City Clerk's memo dated October 3, 1977, setting forth the procedure
to be followed in considering the absentee, questioned and challenged ballots,
was noted. City Clerk stated 50 requests for absentee ballots had been received;
however, the written requests of Michael Rule and Susan Urbach had been received
after the date allowed to receive such requests (September 29) and, therefore,
no ballots had been sent to the two individuals. She further stated that although
ballots had been sent in a timely manner to David Campbell and Ann Whitmore, the
two ballots had not been returned in time for the canvass. Upon recommendation
of the Clerk, it was moved by Mott, seconded by Vincent and unanimously carried
by all those present that the 46 absentee ballots received from the following
individuals be counted:
Vesta J. Anderson
Louis Bencardino
Francis L. Bennie
Perry Buchanan
C. Keith Campbell
Jacqueline Campbell
Bruce Clarke
Susan Clarke
Andrew Corpin
William Cu110r
Harold W. Davis
William Deverna
Willard Dunham
Thomas E. Enright
Harold E. Faust
Theodore Gerwer III
Edgar Hatch
AmyHitt
Vance Bitt
Barbara Hultberg
Jack Johnson
Wilbur Kuehny
Janis Lauterbach
Eileen B. Lawson
James B. Lawson
W. Lee McAnerney
Donald 01dow
Linda 01dow
Dean K. Otteson
Elaine S. Reausaw
ELECTIONS:
(cont'd)
I
I
I
. I:)
PAGE 105
:SPECIAL MEETING - OCTOBER 5, 1977
VOLUME 18
IV.
CANVASS OF OCTOBER 4 ELECTION AND DECLARATION OF FINAL RESULTS:
(cont'd)
Neva Reznick
Stephen Rockwood
Anthony R. Rohloff
Darryl Schaefermeyer
Genevieve Schaefermeyer
James Schaefermeyer
Karen A. Swartz
Robert D. Swartz
David J. Thompson
Dorothy Urbach
Frank J. Vanek
Helen J. Vanek
Bette E. Welch
Loyd L. Welch
George H. Werner
Harold Wright
City Clerk stated 11 questioned and 3 challenged ballots had been
received from the Chairman of Precinct No.1. She explained that the ballots
cast by Patrice W. Lindstrom, Mary P. Cooper and Joseph T. Heddinger had been
challenged due to the fact that the individual's names did not appear on the
State list of registered voters. She further stated her office had contacted
Octavia Hansen, Election Supervisor for District 5, who had confirmed that the
three individuals were not eligible to vote in the State of Alaska; therefore,
she recommended the 3 ballots not be counted. City Clerk stated that
of the 11 questioned ballots, 9 had been received from individuals who had
moved from one Seward precinct to the other but had neglected to change their
voter registration; she recommended the 9 ballots be counted. She further
stated that 2 questioned ballots had been cast by individuals who had certified
they had moved from Bear Creek Precinct to Seward No. 1 precinct. She stated
her office had contacted City Attorney Rana1d Jarrell who had confirmed that
the 2 individuals, Garth Cheff and Douglas R. Smith, were not eligible to vote
in the City due to the fact that they were not at the time of the election
registered in a Seward precinct; therefore, she recommended the 2 ballots not
be counted.
City Clerk stated 19 questioned and 1 challenged ballot had been
received from the Chairman of Precinct No.2. She explained that the ballot
cast by Rex Martin had been challenged due to the fact that the individual's
name did not appear on the State list of registered voters. She further stated
her office had contacted Octavia Hansen, Election Supervisor for District 5,
who had confirmed that Mr. Martin was not eligible to vote in the State of
Alaska; therefore, she recommended that Martin's ballot not be counted. City
Clerk stated that of the 19 questioned ballots, 16 had been received from
individuals who had moved from one Seward precinct to the other but had neglected
to change their voter registration; she recommended 16 ballots be counted. She
further stated that 3 questioned ballots had been cast by individuals who had
certified they had moved from Bear Creek Precinct to Seward No. 2 precinct.
She stated her office had contacted City Attorney Rana1d Jarrell who had con-
firmed that the 3 individuals, David J. Lamm, Mary L. McDonald (Lamm) and Howard
Sweatt, were not eligible to vote in the City due to the fact that they were
not at the time of the election registered in a Seward precinct; therefore, she
recommended the 3 ballots not be counted.
GILLESPIE left the Council Chambers at this time.
It was moved by Mott, seconded by Vincent and unanimously carried by all
those present to act on the questioned and challenged ballots as indicated by the
Clerk. (A separate motion was made by Mott, seconded by Vincent and unanimously
carried by all those present, to reject the ballot of Patrice Lindstrom due to
the fact that her name had been omitted from the Clerk's list of ballots to be
considered from Precinct No.1.)
GILLESPIE returned to the Council Chambers at this time.
Along with the absentee ballots to be counted, the questioned ballots cast by the
following individuals were opened and tallied by Mott and Faust, with audience
observers Lawrence Potts and Alice Ainsworth:
Barbara Blowers
Robert Crowley
Mary Dupret
Richard Dupret
Laura Jones
James M. Lewis
Sally Martin
Clyde D. Reynolds
James L. Sefton
Patricia Ryan (Clasby)
Ben B. Suddath
David Suddath
Jeanette Suddath
Edna Weir
Darlene Whitethorn
Lloyd J. Whitethorn
Dane R. Amos
Carme1itta A. Bencardino
Robert C. Clasby
Dale B. Clemens
Joan L. Clemens
Susan Kesselring (Harvey)
Joan M. Ki1cup
Mark L. Larson
Lawrence T. Roper
" '
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PAGE 106
SPECIAL MEETING - OCTOBER 5, 1977
VOLUME 18
IV. CANVASS OF OCTOBER 4 ELECTION AND DECLARATION OF FINAL RESULTS: (cont'd)
ELECTIONS:
(cont'd)
Tallies were compared. It was moved by Neve', seconded by Vincent
and unanimously carried by all those present that the following be declared
as the final results of the October 4 Seward General Municipal Election:
MAYOR OF COUNCIL ABSENTEE AND
Two Year Term PRECINCT III PRECINCT 1/2 QUESTIONED TOTAL
Raymond L. Hug1i 76 126 27 229
Pamela F. 01dow 58 85 40 183
Write-ins Bernard Hu1m 1 1
William Vincent 1 1
Robert Mott 1 1
Bruce Trygstad 1 1
CITY COUNCIL
Two Year Term
(3 to be Elected)
John F. Gillespie llO 163 51 324
C. Keith Campbell 95 163 50 308
Jean E. Leer 80 123 31 234
Julie Casey 56 62 22 140
Alice Ainsworth 25 52 17 94
Write-ins Keith Macik 1 1
Pam 01dow 1 1
Bob Richardson 1 1
Galen Albertson 1 1
Robert White 1 1
Val Anderson 1 1
Raymond Hug1i 1 1
Bernard Hulm 1 1
Herman Leirer 1 1
Bruce W. Clarke 1 1
CITY COUNCIL
One Year Term
(1 to be Elected)
Lawrence W. Potts, Jr. 109 187 59 355
Write-ins Dennis Kowalski 1 1
Boots Anderson 1 1
Monty Richardson 1 1
Keith Macik 1 1
Leslie Simutis 1 1
Bob Suddath 1 1
Herman Leer (sic) 1 1
Dean Williams 1 1
PROPOSITION NO. ONE
(Two percent sales tax)
YES 47 79 33 159
NO 92 134 33 259
TOTAL BALLOTS COUNTED 155 240 71 466
PAGE 107
SPECIAL MEETING - OCTOBER 5, 1977
VOLUME 18
, ,
f (I I
IV. CANVASS OF OCTOBER 4 ELECTION AND DECLARATION OF FINAL RESULTS: (cont'd)
ELECTIONS:
(cont'd)
Mayor Neve' noted that Raymond L. Hug1i had been elected to be Mayor of
Council; John F. Gillespie, C. Keith Campbell and Jean E. Leer had been
elected to fill the two year terms on the Council; Lawrence W. Potts, Jr.
had been elected to fill the one year term on the Council; and, Proposition
No. One (2% sales tax) had been defeated.
IV. ADJOURNMENT:
I
adjourned at 5:27 p.m.
I '~~-d( ;(fl/xv-R r
Jo n~ E. Shanley
City 1,;lerk-Treasurer
Richard A. Neve'
Mayor
(City'eal)
~,k
~,-."~-:{~~:...:
-------------------------------------------------------------------------------
PAGE 107
REGULAR MEETING - OCTOBER 10, 1977
VOLUHE 18
I.
CALL TO ORDER:
I
The regular meeting of the Seward City Council was called to order
at 7:33 p.m. by Vice Mayor Hugli.
II. OPENING CEREMONY:
Counci1member Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Hayor Hug1i; Counci1members Campbell, Gi11espie*,
Hott and Vincent (Absent, with Council consent, were
Mayor Neve' and Counci1member Oldow)
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
Newly-elected Counci1members Jean E. Leer and
Lawrence W. Potts, Jr.
IV . APPROVAL OF MINUTES:
It was moved by Mott, seconded by Hug1i and unanimously carried by
all those present to approve the minutes of September 26 and October 5, 1977,
as written.
V.
I COUNCIL/
ELECTIONS:
Lawrence
the dais
L. Hugli
SEATING OF NEW MAYOR AND COUNCILMEMBERS:
Newly elected Counci1members C. Keith Campbell, Jean E. Leer and
W. Potts, Jr. appeared, took the oath of office and were seated at
and thereafter took part in the meeting. Newly elected Mayor Raymond
took the oath of office and was seated as Mayor of the Council.
, ,
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PAGE 108
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
VI.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager called the Council's attention to proposed Resolution
No. 77-41 which had not been included in the Council packets but had been
distributed prior to commencement of the meeting. He requested that XII. New
Business: A. Fiscal Year 1976-77 Audit Report as presented by Price Waterhouse
and Company, be moved to an earlier position on the agenda. Hug1i suggested
that the presentation immediately follow IX. Citizens' Discussion. Following
discussion, it was moved by Vincent, seconded by Mott and unanimously carried
by all those present to approve the regular meeting agenda as amended and the
consent calendar as presented and the following actions were taken:
C ATTORNEY:
1. Hughes, Thorsness, Gantz, Powell and Brundin bills for
legal services rendered for June at $4,161.83, July at
$2,035.59 and for August at $4,643.65, were approved and
filed.
K P BOROUGH:
2. "Annual Report on the State of the Borough" dated October
3, 1977, was filed.
VII.
BOROUGH ASSEMBLY REPORT: None
VIII.
PUBLIC HEARINGS: None
IX.
CITIZENS' DISCUSSION:
(With prior notice only)
No one from the audience was scheduled to appear at this time.
COUNCIL/
ELECTIONS:
*Newly elected Councilmember JOHN GILLESPIE arrived at this time, took the oath
of office, was seated at the dais and thereafter took part in the meeting.
XII.
NEW BUSINESS: (Taken out of order by Mayor with Council consent)
BUDGET:
A. Dan Regis, Partner, and Joe Carlson, Associate, Price Water-
house and Company, Anchorage, appeared and spoke and answered questions on
"City of Seward Report to Management, September 6, 1977" and "City of Seward
Financial Statement and Supplementary Information, June 30, 1977" as pre-
viously forwarded to Council. Regis and Carlson made various recommendations,
one being the transfer to an EDP system and, in answer to a question, stated
it was the firm's opinion that no additional personnel would be needed for
such a transfer.
RECESS: The meeting was recessed at 8:24 p.m.; reconvened at 8:29 p.m.
X. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
P & ZONING: 1. Copies being made available to the public, City Clerk read
by title only proposed Ordinance No. 443 regarding subdivision requirements,
entitled:
An Ordinance Establishing Required Improve-
ments Within Subdivisions Located Within the
City Limits of Seward, Alaska
City Manager and City Attorney spoke and answered questions on the proposed
ordinance and, in answer to a question from Gillespie, City Manager explained
the procedure for the introduction, public hearing and enactment of an ordinance.
Gillespie requested a study session be scheduled prior to the November 14
meeting in order to discuss the ordinance in detail. Hug1i stated that at
the same time Council was considering a date for the study session, it should
also reschedule the regular meeting of October 24 due to it falling on a holi-
day, and suggested the meeting be held October 19. Following discussion, it
was moved by Mott, seconded by Vincent and carried as follows to introduce
Ordinance No. 443 and set a public hearing date for November 14, 1977:
Ayes:
Noes:
Absent:
Campbell, Hug1i, Leer, Mott, Potts and Vincent
Gillespie
None
POLICE:
I
S B HARBOR/
ORDS:
I
BUILDING/
ORDS:
POLICE/
ORDS:
I
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PAGE 109
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
A. Ordinances for Introduction:
(cont'd)
Gi11epsie, with Council consent, recommended that a public hearing on the
ordinance be scheduled for the Council meeting of October 19.
2. Copies being made available to the public, City Clerk read
by title only proposed Ordinance No. 444 regarding transient merchants, en-
titled:
An Ordinance Adjusting the Fees and Bonds
Required of Transient Merchants
It was moved by Mott, seconded by Vincent and unanimously carried to introduce
Ordinance No. 444 and set a public hearing date for November 14, 1977.
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, City Clerk read
by title only proposed Ordinance No. 440 regarding Small Boat Harbor service
fees, entitled:
An Ordinance Establishing Service Fees for
the Seward Municipal Small Boat Harbor and
its Facilities, Repealing Section 5-80.2,
Grid Fees; Repealing and Re-enacting Section
5-80.1 of the Seward City Code
Public hearing was opened on the proposed ordinance and, in answer to a question
from Gillespie, Harbor Commissioner Seaton appeared and spoke on the Harbor
Commission's objections to major construction work being conducted on vessels
while located in the storage yards. No one else appeared in order to be heard
and the public hearing was closed. It was moved by Campbell, seconded by Mott
and unanimously carried to enact Ordinance No. 440.
2. Copies being made available to the public, City Clerk read
by title only proposed Ordinance No. 441 regarding the City building code,
entitled:
An Ordinance Relating to Buildings, Re-
pealing and Re-enacting Section 6-4 of
the Seward City Code
Public hearing was opened on the proposed ordinance and various people stated
they felt the wording of Section 6-4 was unclear. In response, City Attorney
recommended that the ordinance be amended by inserting the word "residential"
in place of "liveable". No one else appeared in order to be heard and the
public hearing was closed. Following discussion, it was moved by Gillespie,
seconded by Potts and unanimously carried to enact Ordinance No. 441, as amended.
3. Copies being made available to the public, City Clerk read
by title only proposed Ordinance No. 442 regarding abandoned vehicles, centitled:
An Ordinance Authorizing the Sale of
Abandoned Vehicles After an Impound-
ment Period of 30 Days, Creating Section
l7-17l(d) of the Seward City Code
Public hearing was opened on the proposed ordinance and City Manager spoke and
answered questions on the need for the shorter impoundment period due to the
limited amount of space the City had on which to store such vehicles. No one
appeared from the audience in order to be heard and the public hearing was closed.
Following discussion, it was moved by Vincent, seconded by Campbell and unanimously
carried to enact Ordinance No. 442.
1 ~ ,
PAGE llO
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
S B HARBOR/
RES:
1. Copies being made available to the public, Hug1i noted by
number only proposed Resolution No. 77-36 regarding Small Boat Harbor fees,
entitled:
A Resolution Setting Fees for the Seward
Municipal Small Boat Harbor Facilities and
Repealing Resolutions in Conflict Herewith
City Manager stated that the resolution had been before the Harbor Commission
on numerous occasions and that the resolution came before Council with that
body's recommendation for approval. In answer to a question from Gillespie,
City Manager stated that it would be the administration's interpretation that
"local", as used under wharfage and service charges for raw fish, to mean
those fish processors located within the City limits of Seward. Following
discussion, it was moved by Mott, seconded by Leer and unanimously carried
to approve Resolution No. 77-36.
JESSE LEE HOME/ 2. Copies being made available to the public, Hug1i noted by
RES: number only proposed Resolution No. 77-41 regarding condemnation of a portion
of Jesse Lee Home, entitled:
A Resolution of the City Council of the
City of Seward, Alaska, Authorizing the
Condemnation of Certain Property Located
Within the Tract Known as Jesse Lee Home
Property and Authorizing the Immediate
Filing of a Declaration of Taking, Amending
Resolution No. 77-33
City Attorney explained that the resolution was needed to acquire a 40 by 40
foot parcel of property in the Jesse Lee Home area for construction of the
constant pressure pump station for the new high school. He further explained
that Resolution No. 77-41 amended Resolution No. 77-33 previously adopted
by the Council by correcting the legal description set forth for the property
to be condemned. Following discussion, it was moved by Mott, seconded by
Campbell and unanimously carried to approve Resolution No. 77-41.
POLICE/
RES:
3. Copies being made available to the public, Hug1i noted by
number only proposed Resolution No. 77-42 regarding driver education training
for CETA employees, entitled:
A Resolution Authorizing the City Manager
to Enter Into an Agreement with The Alaska
Department of Education for the City of
Seward to Provide Driver Education Training
for the CETA Eligible Trainees, and Revising
the City Budget for Fiscal Year 1977-78 to
Reflect the Remuneration for Said Agreement
City Manager stated the resolution, if adopted, would require a Police Department
budget revision to reflect an increase in anticipated revenues from the budgeted
$24,000 to the contracted rate of $37,582. Following discussion, it was moved
by Campbell, seconded by Potts and unanimously carried to approve Resolution
No. 77-42.
POLICE/
RES:
4. Copies being made available to the public, City Manager read
by title only proposed Resolution No. 77-43 regarding an agreement with The
Alaska Railroad for police protection, entitled:
A Resolution Authorizing the City Manager
to Enter Into an Agreement with The Alaska
Railroad for Police Protection
City Manager explained that the resolution, if adopted, would allow the continu-
ance of the contract with The Alaska Railroad for police protection of their
property within the Seward area. Following discussion, it was moved by Gillespie,
seconded by Mott and unanimously carried to approve Resolution No. 77-43.
OCEANVIEW
SUB:
I
BUILDING:
I
PAGE 1ll
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
XI.
UNFINISHED BUSINESS:
A. Vincent stated that at the Council meeting of September 26, he
had requested that Council not act on the foreclosure of Lots 9-13, Block 2,
Oceanview Subdivision, as sold under the R-2l Urban Renewal Land Sale Project
to Don Ennis. He stated that he had contacted Ennis and informed him of
Council's pending action and Ennis had agreed to appear at that evening's
meeting; however, Ennis was not in attendance. It was moved by Mott, seconded
by Vincent, but later withdrawn, to proceed with the delinquent procedure
against Don Ennis on the R-2l lots. In answer to a question, City Manager
stated that according to the Contract entered into by the redeveloper and the
City, it was made clear that all deposits would be retained by the City in
the event of non-compliance and forfeiture of the property by the redeveloper.
Vincent requested a short recess in order to contact Ennis by telephone.
RECESS: The meeting was recessed at 9:40 p.m.; reconvened at 9:45 p.m.
Upon reconvening, Vincent stated that Ennis had verbally informed him that he
planned to forfeit his down payment amounting to $2,750.50. It was moved by
Mott, seconded by Vincent and unanimously carried to authorize the City Manager
to proceed with foreclosure proceedings against Don Ennis on Lots 9-13, Block 2,
Oceanview Subdivision.
XIII.
CITY MANAGER REPORTS:
A. "1977 Annual Congress of Cities, San Francisco, December 3-7"
Small Cities Program Tract, was noted. City Manager stated he had to know by
November 14 of those Counci1members wishing to attend the meeting. Hug1i asked
that the item be placed on the October 19 agenda for further discussion.
B. City Manager stated it had been Council's policy
waive the building permit fees for governmental entities and,
time, he had received a waiver request from the Skill Center.
by Mott, seconded by Leer and unanimously carried to waive the
fees for the Skill Center dormitory construction.
in the past to
at the present
It was moved
building permit
C. City Manager stated he had received the agenda for the Municipal
League meeting to be held in Juneau November 2-5 and needed the names of any
Councilmembers who wished to attend no later than Friday, October 14. Hug1i
stated he would be attending the meeting.
COMPTROLLER/ D. City Manager distributed memo dated October 6, 1977, and attached
WATER: invoices for services rendered by Arctic Environmental Engineers, PR & S
Construction and Alaska Mechanical, Inc. totaling $180,594.46 and requested
authorization of payment as follows:
LOWELL
WATER:
I
Arctic Environmental Engineers
PR & S Construction
Alaska Mechanical, Inc.
$ 37,364.86
127,047.60
16,182.00
Following discussion on the various invoices, it was moved by Mott, seconded by
Leer and unanimously carried to authorize the City Manager to issue checks in
payment of the invoices totaling $180,594.46, as presented.
CREEK/ E. City Manager distributed and
from Senator Mike Gravel regarding funding
Control Tunnel.
commented on October 3, 1977, letter
of repairs of the Lowell Creek Flood
F. City Manager distributed September 19, 1977, letter from Senator
Bill Sumner, Chairman of the Senate Employment Resources and Opportunities Com-
mittee, inviting City officials to attend a job symposium in Anchorage on
November 1 and 2.
1
PAGE 112
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
XIII.
CITY MANAGER REPORTS:
(cont'd)
G. City Manager distributed September 30, 1977, letter from
Representative Lisa Rudd, Chairperson, House Community and Regional Affairs,
requesting City testimony at hearings to be held November 2 in Juneau on
SSBH 219 regarding shore facilities building permits and SSHB 75 authorizing
a municipal income tax. City Manager stated he felt the City should testify
at the hearings and requested, with Council consent, that the letter be placed
on the October 19 Council agenda for further discussion.
H. City Manager noted various meetings scheduled in the near future:
October 16 - 1-5 p.m., Governor's Council on
Alcoholism - City Council Chambers
October 20 - meeting regarding City strategy
study completed by Simpson, Usher & Jones
October 21 - Board of Directors of Alaska
Public Utilities Insurance Trust (insurers
of City employees)
October 25-27 - OCS meeting in Anchorage
Mayor and City Manager to attend
XIV.
COUNCIL DISCUSSION:
A. Vincent commented against the illegal parking on 4th Avenue
and asked that the police patrol the area more frequently and issue tickets.
B. Jean Leer requested a cork board and City area map be displayed
in the Council Chambers for reference by the Council commissions.
C. Mott stated the Council should seriou&y consider the Audit report
as presented that evening and discuss the adoption of a schedule for implementing
the various recommendations made by Price Waterhouse and Company.
D. At the request of Mott, City Attorney briefly explained the
various legal suits in which the City was involved at the present time.
K P BOROUGH: E. Hug1i stated the Council should, in the near future, appoint a
Vice Mayor and Borough Assembly Representative. He stated that Keith Campbell
had voiced interest in being the Council's representative to the Kenai Peninsula
Borough Assembly. Following discussion, it was moved by Mott, seconded by Potts
and unanimously carried to appoint Campbell as the Council's representative to
the Kenai Peninsula Borough Assembly. Hug1i confirmed that a Vice Mayor
appointment would be made at a later date.
F. It was moved by Mott, seconded by Potts and unanimously carried
that the Council meet in executive session immediately following adjournment
of the regular meeting, the purpose of the session described as such a matter
which would be in the best interests of the City to keep confidential.
XIV.
CITIZENS' DISCUSSION:
A. Pat Williams appeared and spoke against the City keeping the $2,750.50
down payment of Don Ennis' on Lots 9-13, Block 2, Oceanview Subdivision (see XI. A.
page Ill). She stated that after reading the contracts involved in the R-21
Urban Renewal Land Sales, the specifications set forth were virtually impossible
to comply with by the redevelopers.
B. Cy Randall, owner of the fish processing plant at Mile 3, an
unidentified gentleman, Paul Seaton and Alice Ainsworth appeared and spoke
in support of the Mile 3 fish processing plant being exempt from the $2 per
Ton charge for fish products coming over the dock in the Small Boat Harbor
area, as set forth under service fees and wharfage charges in the newly adopted
Resolution No. 77-36. (see X. C. 1. page 110) Beverly Dunham appeared and
stated that although she did not want to speak for or against the requested
exemption, she felt that the business had not purposely located outside the City
limits in order to circumvent the City's tax structure. Following discussion,
Hug1i scheduled further discussion of the item for the October 19 meeting.
BUILDING/
POLICE:
I
I
I
..:c_.......'-'
PAGE 113
REGULAR MEETING - OCTOBER 10, 1977
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
(cont'd)
C. Dorothy Noyes appeared and requested an extension of her special
use permit to locate a trailer within the City limits, specifically at the end
of Nash Road on the East side of Resurrection Bay. She requested that either
her property be de-annexed from the City or the City cooperate in such a manner
as to allow her and her husband to locate their trailer on the lot until they
could build a home. Mrs. Noyes explained that she and her husband had plans
to develop their property into a site for recreational vehicles, providing
camper parking and a lodge. She stated that due to the City's ordinance
prohibiting trailers within the City limits, she had agreed to build a house
on the lot; however, due to pending litigation regarding the road running
across her property, construction of the house had not proceeded during the
past 180 days which had been granted by the City administration in the form of
a special use permit for trailer parking within the City limits. Following
lengthy discussion, it was moved by Mott, seconded by Leer and carried as
follows to allow the Noyes an additional 180 days on the trailer permit and that
at the end of that period the Noyes would make a report to the City Manager on
the status of the pending litigation and home construction:
Ayes:
Noes:
Absent:
Gillespie, Hug1i, Leer, Mott and Vincent
Campbell and Potts
None
XVI.
ADJOURNMENT:
The meeting was adjourned at 11:20 p.m. to executive session re&arding
a matter which would be in the best interests of the City to keep confidential.
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CI~ .C1erk-Treasurer ~
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PAGE 113
REGULAR MEETING - ocrCBER 19, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:32 p.m. by Mayor Hug1i.
II. OPENING CEREMONY:
Counci1member Vincent led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hug1i; Counci1members Campbell, Gillespie, Leer,
Mott and Vincent (Absent, with Council consent, was
Counci1member Potts)
Present also: City Manager Johnson, City Attorney Jarrell and City
Clerk-Treasurer Shanley
, A
! '{
COMPTROLLER:
P & ZONING:
PAGE ll4
REGULAR MEETING - OCTOBER 19, 1977
VOLUME 18
IV. APPROVAL OF MINUTES:
It was moved by Mott, seconded by Campbell and unanimously carried
by all those present to approve the minutes of October 10, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to the
regular meeting agenda:
IX. Ordinances and Resolutions: C. Resolutions:
3. Proposed Resolution No. 77-46 regarding
refunding and refinancing of $1,200,000
of City bonds
XII. City Manager Reports:
B. L.P.W. surplus funds
Following discussion, it was moved by Campbell, seconded by Mott and unanimously
carried by all those present to approve the regular meeting agenda as amended
and the consent calendar as presented and the following action was taken:
1. Comptroller's list of Accounts Payable for
September 1977 was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Counci1member Campbell gave Kenai Peninsula Borough Assembly report
for October 18, 1977.
VII.
PUBLIC HEARING:
A. Public hearing was opened on proposed Ordinance No. 443 regarding
subdivision regulations within the City limits, entitled:
An Ordinance Establishing Required Improvements
Within Subdivisions Located Within the City
Limits of Seward, Alaska
Gillespie distributed a revised copy of the ordinance and City Attorney re-
viewed the changes, item by item. Pat Williams and Bob Richardson appeared
and spoke against the original ordinance, stating that the requirements as
set forth were too rigid for a City the size of Seward and such regulations
would adversely affect the housing construction industry in the City. In
answer to a question from Williams, City Attorney explained the legality
of making the ordinance retroactive to October 1, 1977. No one else
appeared in order to be heard and the public hearing was closed. Leer
requested that the administration forward to the Council copies of similar
ordinances as adopted by Anchorage and Kenai and smaller cities such as
Homer and Petersburg prior to the November 14 Council meeting; City Manager
confirmed that this would be done. Following discussion, it was moved by
Gillespie, seconded by Mott and carried as follows to amend the original
Ordinance No. 443 as set forth in Gillespie's amended document, and that
a public hearing and vote for enactment on the amended Ordinance No. 443
be scheduled for November 28, 1977:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hug1i and Mott
Leer and Vincent
Potts
Hug1i requested that the ordinance also appear for a public hearing at the
November 14 Council meeting.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
PAGE 115
REGULAR MEETING - OCTOBER 19, 1977
VOLUME 18
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
PKStRECREATION/
ES: read
City
1. Copies being made available to the public, City Manager
by title only proposed resolution regarding the establishment of a
recreation department, entitled:
P & ZONING/
RES:
I
COMPTROLLER/
RES:
I
S B HARBOR:
A Resolution Authorizing the City Manager
to Expand the Summer Recreation Program
Into a Year Around Recreation Program and
Revising the City Budget for Fiscal Year
1977-78 to Reflect the Appropriation of
Funds
City Manager explained that the Council had, at a previous meeting, approved
the funding of a recreation program but that a resolution had not been
presented to officially appropriate those funds. It was moved by Mott,
seconded by Gillespie and unanimously carried by all those present to approve
Resolution No. 77-44.
2. Copies being made available to the public, City Manager
read by title only proposed resolution authorizing the City Manager to
contract for mapping services, entitled:
A Resolution Authorizing the City Manager
to Employ Temporary Help for the Purpose
of Updating As-Built Utilities Maps and
Revising the City Budget for Fiscal Year
1977-78 to Reflect the Appropriation of
Funds
City Manager spoke in support of and answered questions on the resolution,
stating that Federal anti-recession funds were available for the temporary
assistance needed in updating City utilities maps. Following discussion,
it was moved by Mott, seconded by Leer and unanimously carried by all those
present to approve Resolution No. 77-45.
3. Copies being made available to the public, City Manager
read by title only proposed resolution regarding the refunding and refinancing
of $1,200,000 of City bonds, entitled:
A Resolution Amending the Loan Agreement
Between the Alaska Municipal Bond Bank
Authority and the City of Seward
City Attorney spoke in support of and answered questions on the proposed
resolution and attached "Amendment to Loan Agreement Between the Alaska
Municipal Bond Bank Authority and the City of Seward, Alaska", stating that
the refunding and refinancing would mean a substantial savings for the
City in interest payments on the sewer and water bonds issued in 1976.
Following discussion of the various provisions of the 1976 Loan Agreement
which would be amended by passage of the resolution, it was moved by Vincent,
seconded by Campbell and unanimously carried by all those present to approve
Resolution No. 77-46.
X.
UNFINISHED BUSINESS:
A. Copies being made available to the public, City Manager read
by title only City Resolution No. 77-36 as adopted by the Council at its
meeting of October 10, 1977, entitled:
A Resolution Setting Fees for the Seward
Municipal Small Boat Harbor Facilities and
Repealing Resolutions in Conflict Herewith
L',
S B HARBOR:
(cont'd)
C MANAGER:
LEG REPS:
COMPTROLLER:
STREETS/
WATER/
SEWER:
PAGE 116
REGULAR MEETING - OCTOBER 19, 1977
VOLUME 18
X.
UNFINISHED BUSINESS:
(cont'd)
City Manager stated that the resolution was again before Council in order
for the body to consider the definition of "local" as used in various parts
of the resolution regarding raw fish processing. It was noted that a
conflict became apparent because the fish processing plant located at Mile 3
had requested an exemption from the provisions of the resolution which would
impose service charges and wharfage fees on processing plants not processing
fish "locally". It was moved by Mott, seconded by Campbell and unanimously
carried by all those present to replace the word "local", as appearing in
the resolution under service charges and wharfage rates, with the phrase
"located within the City". City Manager also noted that Council, at its
meeting of October 10, 1977, at which time the resolution was approved, had
overlooked setting an effective date for the resolution. It was moved by
Mott, seconded by Campbell and unanimously carried by all those present to
declare Resolution No. 77-36 effective October 19, 1977.
B. "1977 Annual Congress of Cities, San Francisco, December 3-7,
Small Cities Program Track" was received September 19,1977, was noted. City
Manager requested he be authorizied to at tent the Annual Congress of Cities.
It was moved by Mott, seconded by Campbell and unanimously carried by all
those present to authorize the City Manager's attendance at the Annual
Congress of Cities in San Francisco from December 3-7, 1977.
C. September 30, 1977, letter from Representative Lisa Rudd,
Chairperson of the Alaska State Legislature House Community and Regional
Affairs Committee, regarding SSHB 219 and SSHB 75, was noted. City Manager
stated that the two bills regarded shore facilities building permits and
the authorization for a municipal income tax. He stated that the Council
had previously notified the Committee of its opposition to the municipal
income tax bill and recommended Council also oppose the shore facilities
building permits legislation. Following discussion, it was moved by Gilles-
pie, seconded by Mott and unanimously carried by all those present that the
City Council maintain its opposition to SSHB 75 which, if adopted, would
authorize a municipal income tax. It was moved by Mott, seconded by
~~ll~spie and unanimously carried by all those present that the City Council
take a stand in opposition to SSHB 219 which, if adopted, would provide for
permits and fees for the construction of shore-based support facilities for
offshore oil and gas operations.
XI. NEW BUSINESS: None
XII.
CITY MANAGER REPORTS:
A. "Application for State Revenue Sharing" as completed by City
Manager, was noted. City Manager stated that the "total official permanent
resident population" figure as requested in the application could be
documented at 2279 persons and asked that the Council take supportive action
in certifying the population figure for the revenue sharing form. Following
discussion, it was moved by Mott, seconded by Gillespie and unanimously
carried by all those present to certify the official permanent resident
population for Seward at 2279 persons. City Manager then distributed the
original application form for each Councilmember's signature.
B. City Manager distributed "City of Seward Alternate Construction
Projects for EDA Grant 07-51-20073" in which he listed six alternatives for
the use of the approximate $172,000 in surplus funds from the LPW project.
City Manager reviewed the six alternatives individually and stated that due
to the cost figures, "Alternate 1" was not feasible at the present time. He
recommended that the Council authorize him to proceed for the acquisition
of funding to carry though with "Alternate 2, 3, 4, 5 and 6". He stated
that the estimated cost of the five projects would be $321,000 and recommended
that the projects be financed as follows:
$ 172,000
74,500
74,500
LPW Surplus Funds
DEC Grant
City share
Bond
Assessment District in Bay-
view Addition for sewer
$ 44,500
30,000
STREETS/
WATER/
SEWER:
(cont'd)
I
HARBOR:
COMPTROLLER:
I
I
~~
.
PAGE 117
REGULAR MEETING - OCTOBER 19, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
In answer to a question, City Manager stated he estimated that approximately
30 property owners in the Bayview Addition would be served by the proposed
sewer line installation and that each owner would be assessed approximately
$1000 for the service. Following discussion, it was moved by Gillespie,
seconded by Mott and unanimously carried by all those present to authorize
the City Manager to proceed with his recommendation as set forth and in
acquiring the funding for the stated. projects. In answer to a question,
City Manager assured Council that the administration would contact all the
property owners in the Bayview Addition, informing them of the City's pro-
posal to install streets, water and sewer in the area and to assess the
local property owners for the sewer system.
C. City Manager distributed a copy of a pamphlet regarding a
MarineTravelift and requested the Councilmembers review the information
prior to the next Council meeting. He stated that the Travelift would
cost approximately $65,000 and he had been assured that the State of
Alaska would cover half of the cost.
D. City Manager informed the Council that the City had received
an additional $40,000 in Federal Anti-recession funds and he would soon be
presenting a proposal to Council for the appropriation and expenditure of
those funds.
XIII.
COUNCIL DISCUSSION:
A. In answer to a question from Leer, City Manager stated the
General Telephone Company was to repair the streets and alle~ in the same
condition as they were prior to the Company's recent laying of telephone
lines and he would investigate the matter.
B. In answer to a question from Mott, City Manager stated that
ground wires had been installed in the Bear Creek area and that City electri-
cal crews were continuing work on the grounding problem outside the City
limits.
C. Mott asked when the administration would be coming forth with
recommendations relating to the Auditor's Report as presented by Price
Waterhouse at the Council meeting of October 10. City Manager stated he
would like to discuss his recommendations for incorporation of the auditors'
suggestions at the Council meeting of November 14.
D. Vincent displayed two wood carvings done by a local Seward
resident and asked for Council support in commissioning the gentleman to
do a bust of William H. Seward for the City's 75th anniversary to be
celebrated in 1978. He stated he would contact the Library Board and
the Chamber of Commerce regarding participation in the project and return
to Council with monetary figures.
E. Hugli expressed his appreciation for the way in which City
Attorney Jarrell explained legal matters in laymen's terms.
F.
near future:
City Manager reported on various meetings scheduled in the
October 25 - Forest Land Selections (Council Chambers)
October 22 - Coastal Zone Management (Soldotna)
G. City Attorney reported on a suit which might involve the City
regarding a boat which had been dropped from the boat lift and recommended,
with Council consent, that the City deny all claims made by either the
individual or the insurance company involved.
XIV.
CITIZENS' DISCUSSION:
Wayne Heinbaugh appeared and spoke at length regarding water lines
on his property. City Manager was directed to locate the shut-off valve for
the two water lines in question.
1
, '.""
PAGE 118
REGULAR MEETING - OCTOBER 19, 1977
VOLUME 18
XV. ADJOURNMENT:
The meeting was adjourned at 9:34 p.m.
~~L.1ugl~ !if
Mayor
--------------------------------------------------------------------------
PAGE 118
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
1.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeye4 City Clerk-
Treasurer Shanley and Clerk/Typist Faust
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Campbell and unanimously carried
to approve the minutes of October 19, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to the
regular meeting agenda:
VII. Public Hearings:
B. Public hearing on proposed Bayview Addition assess-
ment district for sewer services
IX. Ordinances and Resolutions: C. Resolutions:
2. Proposed Resolution No. 77-48 authorizing an
agreement with The Alaska Railroad
3. Proposed Resolution No. 77-49 amending lease
on Lots 11-14, Seward Industrial Park Sub-
division (Seward Fisheries leases)
City Manager further requested that Council adjourn to an
executive session regarding personnel following the conclusion of the
regular meeting agenda.
City Manager requested that the following items be deleted from
the regular meeting agenda:
XI. New Business:
E. Marine Travelift - postponed to November 28 meeting
XII. City Manager Reports:
A. Report on instituting recommendations made by Price
Waterhouse regarding accounting and management pro-
cedures - City Manager requested a closed study
session be scheduled
C ATTORNEY:
IIIcOMPT:
LOC ORGS:
ALASKA, ST:
I
SP COM EVENTS:
WATER:
I
WATER:
POLICE:
SCHOOLS:
; , .... ~
PAGE 119
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Following discussion, it was moved by Mott, seconded by Vincent
and unanimously carried to approve the regular meeting agenda as amended
and the consent calendar as presented and the following actions were taken:
1. October 24, 1977, bill for legal services from
Hughes, Thorsness, Gantz, Powell and Brundin
for the month of September, in the amount of
$3,309.64, was approved for payment and ordered
filed.
2. Comptroller's list of Accounts Payable for
October 1977 was approved and filed.
3. Seward Women's Bowling Association 'Application for
Permit for Authorized Games of Chance and Skill"
was approved for signature and ordered to be for-
warded to the Alaska Department of Revenue.
4. Letters from the State Policy Development and Planning
Coordinator requesting the City comment on various
projects submitted to the State Clearinghouse were
noted as follows:
Kenai
- Water and Sewer Engineering
- Street Upgrade Engineering
- Outdoor Recreation Facility Design
- Contour Mapping
Homer
- Master Plan for Roads and Streets
- Water Resources Management Study
Erosion Control Study
Cordova - Hospital Feasibility Study
- Preliminary Engineering for Water and Sewer Extension
- Construction of Power Distribution Facilities
- OCS Impact on Communications Facilities
- OCS Impact on Emergency Medical Services
- Human Services Impact Study
- OCS Impact on Power Distribution Requirements
- Hydroelectric Power Study
- Hydro Power Construction
- OCS On-Shore Impact Study
Fish & - CEIP Grant
Game
A letter objecting to the process of having co-applicants
comment on each other's applications was authorized to be
sent to the Division.
5. Department of Natural Resources letter of October 20, 1977,
regarding the nomination of the Mt. Marathon Race Trail to
the National Register of Historic Places was noted and a
copy of the previous letter of objection dated June 29, 1977,
was ordered to be sent.
6. Department of Natural Resources letter of October 25, 1977,
regarding Water Rights Application as submitted by E. T.
Meining for the East side of Resurrection Bay was noted and
ordered filed.
7. RCA Mailgram from Senator Stevens notifying the City of
EDA grant approval for $50,000 in Local Public Works Project
funds for the water pump station was noted and ordered filed.
8. Kenai Police Department letter of October 26, 1977, commend-
ing Seward Police Department employees Lt. Milt Olson and
officer William Norris was noted and ordered filed.
9. Skill Center letter of November 1, 1977, regarding the
Iditarod Career Education Program was noted and ordered
filed.
.L .
PAGE 120
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for November 1, 1977.
VII.
PUBLIC HEARINGS:
P & Z:
A. Public hearing was opened on proposed Ordinance No. 443 regarding
subdivision regulations within the City limits, entitled:
An Ordinance Establishing Required Improvements
Within Subdivisions Located Within the City
Limits of Seward, Alaska
No one appeared from the audience in order to be heard and the public hearing
was closed. Planning and Zoning Commission minute order of November 9, 1977,
was noted, specifically, the Commission's recommendation for amending Sec.
24-6 (c) (2) in order to protect the developer from unreasonable engineering
costs. Following discussio~ and a suggested wording change made by the City
Attorney in the Commission's recommendation in order to clarify the amendment
without changing the intent, it was moved by Gillespie, seconded by Mott and
unanimously carried to amend Ordinance No. 443, page 4, Sec 24-6 (c) (2)
to read as follows:
(2) Inspection, Surveillance and Testing.
The subdivider shall pay 100 percent of all costs re-
lating to any inspection, surveillance and testing by
the City necessary for final acceptance of any required
public improvement. Costs of inspection, surveillance
and testing shall be established in advance between the
developer and the City upon the developer's request.
Following discussion regarding the clarification of the Planning and Zoning
Commission and Council authority over the specifications for various public
improvements, it was moved by Vincent, seconded by Mott and unanimously carried
to amend Ordinance No. 443, page 2, Sec. 24-5 (b) and (c) to read as follows:
(b) Telephone and Electric Lines.
All new telephone and electric lines shall be installed
under ground, unless found to be impractical by the City
Planning and Zoning Commission and affirmed by the City
Council, and in accordance with specifications of the
appropriate utility companies and the City.
(c) Water System.
Where the City water system will service the area covered
by the plat or proposed plat, the subdivider shall provide
said water system in accordance with the specifications
established by the City Planning and Zoning Commission,
and affirmed by the City Council. Fire hydrants shall be
provided to standards established by the American Water-
works Association and of a brand specified by the City.
The subdivider shall not be required to drill individual
wells.
It was noted that the ordinance was scheduled for another public hearing and
vote for enactment at the City Council meeting of November 28, 1977.
BAYVIEW
ADDN:
B. Public hearing was opened on the City's proposal to establish
an assessment district in order to pay for a portion of the costs of instal-
ling sewer service in the Bayview Addition. City Manager spoke on the costs
of installing a water main and sewer line in the Bayview Addition, funding
for the project, and the estimated portion of the costs which would be passed
on to the area property owners in the form of an assessment district. He
distributed a form letter, undated, which the administration had sent to all
affected property owners, setting forth the City's proposal and the cost
factors involved. He stated the letter had informed the property owners that
a public hearing would be held at the Council meeting of November 14; however,
he had neglected to add the item to the Council agenda for the meeting and
recommended another public hearing be scheduled for November 28. Lloyd
McCauley, property owner of two lots in the Bayview Addition, appeared from
the audience and spoke in support of the proposed sewer system and assessment
district. No one else appeared in order to be heard and the public hearing
was closed. Hugli noted that another public hearing would be scheduled for
the November 28 Council meeting.
PAGE 121
REGULAR MEETING - NOVEMBER 14, 1977
1 ~ I
VOLUME 18
VIII.
CITIZENS' DISCUSSION:
A. Wayne Heinbaugh appeared and spoke against the water system at
his residence as well as the grade of 6th Avenue in front of his property.
City Manager stated Mr. Heinbaugh had appeared at an earlier meeting and, at
Council's direction, City personnel had located the shut off valve and thaw
wires for Heinbaugh's water lines.
IX.
ORDINANCES AND RESOLUTIONS:
I
BUILDING:
number only
entitled:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli noted by
proposed ordinance amending the City Code chapter on buildings,
An Ordinance Relating to Buildings,
Repealing and Re-enacting Sections
6-1 and 6-2 of the Seward City Code
In answer to a question from Gillespie, Building Inspector Watsjold voiced his
support of the ordinance. It was moved by Mott, seconded by Leer and unanimously
carried to introduce Ordinance No. 445 and schedule a public hearing date for
January 9, 1978.
FIRE DEPT:
2. Copies being made available to the public, Hugli noted by
number only proposed ordinance amending the City Code chapter on fire prevention,
entitled:
An Ordinance Relating to Fire Prevention,
Repealing and Re-enacting Section 11-1 and
11-9.1 of the Seward City Code
I
In answer to a question from Mott, City Attorney stated the restriction on
above-ground storage of Class I liquids referred to stationary tanks only.
Potts voiced objection to the ordinance, stating that the wording regarding
the storage of gasoline was too vague. Following discussion, it was moved
by Vincent, seconded by Campbell and carried as follows to introduce Ordinance
No. 446 and schedule a public hearing date for January 9, 1978:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Vincent
Potts
None
COMPTROLLER: 3. Copies being made available to the public, Hugli noted by
number only proposed ordinance repealing the inventory tax in the City, entitled:
An Ordinance Repealing the Inventory
Tax Within the City of Seward, Alaska
I
City Manager spoke in support of the ordinance and stated the tax had been
earlier repealed in Kenai, Soldotna and other communities. He explained that
the ordinance, if enacted, had to be effective prior to January 1, 1978, in
order to exempt businesses from paying the 1978 tax. He stated that due to
the 30 day posting period required between the introduction and enactment of
an ordinance, and the proposed cancellation of the second regular Council
meeting in December due to the Christmas holidays, he suggested adoption of
the ordinance be declared an emergency and a public hearing and vote for
enactment be scheduled for the Council meeting of December 12. Following
discussion, it was moved by Mott, seconded by Potts and unanimously carried
to introduce Ordinance No. 447 and schedule a public hearing date for December
12, 1977.
TOT:
4. Copies being made available to the public, Hugli noted by
number only proposed ordinance repealing the City hotel-motel tax, entitled:
An Ordinance Repealing the Hotel-
Motel Tax Within the City of Seward,
Alaska
City Manager spoke in support of the ordinance, stating that although the City
realized a revenue of approximately $13,500 over the past year from the tax,
the City could not cost-effectively administer such a tax. He suggested the
Council follow the same emergency adoption procedures as discussed for
, ..)..)
_. .-1
PAGE 122
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
TOT:
(cont'd)
Ordinance No. 447 in order the the ordinance would be effective prior to
January 1, 1978. Following discussion, it was moved by Mott, seconded by Leer
and unanimously carried to introduce Ordinance No. 448 and schedule a public
hearing date for December 12, 1977.
B. Ordinances for Public Hearing and Enactment:
POLICE/
ORD:
1. Copies being made available to the public, Hugli noted by
number only proposed Ordinance No. 444 regarding transient merchants, entitled:
An Ordinance Adjusting the Fees and Bonds
Required of Transient Merchants
Public hearing was opened on the proposed ordinance. No one appeared in order
to be heard and the public hearing was closed. Leer voiced objection to the
ordinance, stating that the fees were discriminatory. Potts and Gillespie
stated that the ordinance was unclear as to specifically what types of business
operations fell under the "transient merchant" category. In answer to a question,
City Attorney confirmed that wholesale operations as well as insurance salesmen,
veterinaries and other such businesses would be exempt from the ordinance.
Following discussion, it was moved by Gillespie, seconded by Leer, but did
not carry as follows, to postpone the vote for enactment of the ordinance for
one month in order to allow the Council time to reconsider the fees and to
review other City's ordinances, such as Homer's:
Ayes:
Noes:
Absent:
Gillespie, Leer and Potts
Campbell, Hugli, Mott and Vincent
None
It was moved by Vincent, seconded by Mott and carried as follows to enact
Ordinance No. 444:
Ayes:
Noes:
Absent:
Campbell, Hugli, Mott and Vincent
Gillespie, Leer and Potts
None
C. Resolutions:
PERS
RES:
PROPERTY/
number only
entitled:
1. Copies being made available to the public, Hugli noted by
proposed resolution regarding the purchase of City equipment,
A Resolution Authorizing the City Manager to
Purchase Items of Equipment Budgeted for in
1977-78 Equipment Budget
City Manager spoke on the proposed purchase of various vehicles and equipment
as set forth in the resolution and stated that there were adequate funds
budgeted for the proposed expenditures. He reviewed the bids received on the
vehicles and equipment and stated that although favorable bids were received
from Alaska Chrysler, known previously as Johnny Johnson Motors, he wanted to
clearly state that he no longer had any financial interest in the company.
It was moved by Mott, seconded by Potts and unanimously carried to accept the
bid of Dexal, Inc. for a 1978 10-12 yard dump truck at $23,580.00. It was
moved by Mott, seconded by Potts and unanimously carried to accept the bid of
Alaska Chrysler for a 1978 3/4 Ton 4-wheel drive pickup at $6,998.00. It was
moved by Mott, seconded by Leer and unanimously carried to accept the bid of
Hutchings Chevrolet for three 1978 compact pickups at $3,903.66 each, for a
total price of $11,710.98. It was moved by Mott, seconded by Campbell and r~
unanimously carried to accept the bid of Alaska Chrysler for a 1978 1/2 Ton
pickup at $5,488.00. It was moved by Mott, seconded by Potts and unanimously
carried to accept the bid of MDS for one air compressor at $5,032.00. It was
moved by Mott, seconded by Leer and unanimously carried to accept the bid of
Bid Three for one welder at $2,725.11. It was moved by Vincent, seconded by
Mott and unanimously carried to approve Resolution No. 77-47 for a total
equipment cost of $55,534.09.
A R R:
2. Copies being made available to the public, Hugli noted by
number only proposed resolution regarding a lease agreement with The Alaska
Railroad for a parcel of land in the Small Boat Harbor area, entitled:
A Resolution Authorizing the City Manager
to Enter Into a Lease With The Alaska
Railroad
PAGE 123
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
III
City Manager spoke in support of and answered questions on the proposed
resolution, stating that the City was negotiating for a 55 year lease for
Railroad property in the northwest corner of the Small BoatHarbor in exchange
fora strip of land located on the parcel of land Seward Fisheries leased from
the City, in order to allow the Railroad to construct a spur to service the
Fisheries. Mott stated that before the lease agreement was signed the City
should negotiate for the needed easements in order to allow for the ex-
tension of 4th Avenue to connect with the road that runs in front of Seward
Fisheries. Following discussion, it was moved by Gillespie, seconded by
Potts and carried as follows to adopt Resolution No. 77-48:
A R R:
(cont'd)
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Potts and Vincent
Mott
None
S FISHERIES: 3. Copies being made available to the public, Hugli noted by
number only proposed resolution regarding the lease of Lots 11-14, Seward
Industrial Park Subdivision, to Seward Fisheries, entitled:
A Resolution Permitting the Amendment
of Leases of Lots 11, 12, 13 and 14
of the Seward Industrial Park
I
City Manager stated that a representative of Seward Fisheries had requested
the amendment to the lease agreements, which currently only allowed lease
assignments for loans for capital construction, in order to allow a lease
assignment to Seattle First National Bank for a consolidation loan of approxi-
mately $9,000,000. In answer to a question, City Attorney stated the resolution
would in no way compromise the City's position or lessen its control on the
leases, but instead the lease amendment would allow the City Council to review
all lease assignments whereas, in the previous lease document, those loans for
capital construction did not have to be approved by Council. Following
discussion, it was moved by Mott, seconded by Campbell and unanimously
carried to adopt Resolution No. 77-49 with the following amendments:
Paragraph 8 to read:
NOW THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT:
The Leases on Lots 11, 12, 13 and 14 of the Seward
Industrial Park be amended by added to the end of
the second paragraph of Section 9 thereof the follow-
ing terms:
Paragraph 9 to read:
The lessee may assign the lease to secure other
loans not connected with such construction when the
City Council, by resolution, consents to such assign-
ment for a particular loan. The City further agrees
to be bound by and observe all notice provisions of
paragraph 9 (a), (b) and (c) with respect to lenders
for whom such assignments are approved by City Council
resolution.
I
Paragraph 10 to read:
BE IT FURTHER RESOLVED that the City Council does
hereby exercise its power to consent to the assignment
by Seward Fisheries of its interest in leases covering
Lots 11, 12, 13 and 14 of Seward Industrial Park to
Seattle-First National Bank for security on loans
presently negotiated with said bank in the amount not
to exceed nine million dollars ($9,000,000).
X.
UNFINISHED BUSINESS: None
1 ,
PAGE 124
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
XI.
NEW BUSINESS:
MARINA SUB: A. The following items were noted as to the five year lease review
of Lot 7, Block 2, Marina Subdivision, and accompanying float space, as leased
to Homes Unlimited, d/b/a Alaska Marine Equipment, Inc.:
October 7, 1977, letter from Appraisal
Company of Alaska, setting forth the
fair market value appraisal of Lot 7,
Block 2, Marina Subdivision
"Harbor Float Space Agreement"
A portion of "Wording for Lease Agreement"
Memo dated October 27, 1977, from Harbor-
master Singleton comparing moorage rates
of Alaska Marine, pursuant to lease terms,
and regular moorage rates over the past
5 years
October 27, 1977, letter from Harold W.
Johnson, Homes Unlimited, Inc., filing
a timely objection to the City's
appraisal of the property and float space
City Manager explained the terms of the lease agreements in the Marina Sub-
division, all calling for rental adjustments every five year period and during
the five years, rental rates could not be increased by the City. City Manager
stated the administration obtained a credible appraisal and that he felt the
property and moorage rate set forth was a legitimate fee.
LAUBNER ADDN:
E. Moody
Seward:
B. The following items were noted as to the request of Ralph
to purchase Lot 22, Block 10, Laubner Addition, from the City of
September 28, 1976, letter from Moody,
stating he was purchasing Lot 21, Block
10, Laubner Addition, and requesting to
purchase adjacent Lot 22 from City
October 28, 1976, letter from City Manager
Filip to Moody stating that the City had
no interest in selling its landholdings
in the Laubner Addition
September 12, 1977, letter from Moody,
again requesting to purchase Lot 22
October 25, 1977, letter from Administrative
Assistant Schaefermeyer to Moody stating the
request would be presented to the Council at
its meeting of November 14, 1977
October 13, 1977, note stating City owns
Lots 22 and 23 and selling price of similar
lots in the same vicinity
Sec. 2-86 through 2-92 of the Seward City
Code regarding the procedures to be followed
for the sale of real property
City Manager stated that since the City owned adjacent Lots 22 and 23, the
administration would not recommend that the City sell the lots separately
due to the fact that each lot was a 30 by 100 foot parcel. City Manager
asked for Council direction on whether the City should negotiate the sale
of the two lots to Moody of if the lots should be sold by public auction/
sealed bid process. Gillespie spoke against the City selling any of its
LAUBNER
ADDN:
(cont'd)
III RADIO:
I
ORIGINAL
TOWNSITE:
I
,--,,)
PAGE 125
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
XL
NEW BUSINESS: (cont'd)
land until it had current information on all its landholdings and had
adopted a plan for the future use of any lands it might want to retain.
In answer to a question from Gillespie, City Manager stated his staff
was compiling a map which, when complete, would show all the City property
and he estimated the project would be finished in four months. Potts, with
Council consent, recommended the item be tabled until such time as the
administration had completed the property map and the Council had time to
review all the City property. Gillespie asked the City Manager to notify
Moody of Council's decision.
C. November 3, 1977, letter from Administrative Assistant and
attached "Default Judgment by Court" dated October 24, 1976, in the matter
of City of Seward vs. Seward Broadcasting Corporation, d/b/a KIBH Radio,
for delinquent utility bills, was noted. City Manager spoke and answered
questions on the Default Judgment, stating that the total amount awarded
the City included unpaid utility bills, attorney's fees and interest, for
a total of $3,001.85 at 8 percent interest from the date of judgment until
paid. Skip Fletcher, Radio Seward, appeared and stated he was negotiating
for the purchase of the land on which the utility lien clouded the title;
he explained he wished to develop the property on which the present radio
tower is located. He further spoke on the benefits Radio Seward had brought
to the community and stated that the company had been operating without a
profit to supply that service. He spoke against the Default Judgment,
stating that he had never been notified of the existence of the court
ruling. In conclusion, he offered the City $1,286.93, the price of the
original lien placed on the property in 1969. City Attorney stated the
court would have notified Seward Broadcasting of the judgment and, since
1969, the company had been made aware of the utility lien. He further
stated the Default Judgment award did not cover all the attorney's fees
incurred by the City in pursuing collection of the account. In answer to
a question, City Attorney stated the lien against the property had the affect
of increasing the purchase price by approximately $2000. Leer questioned
why so much time had elapsed between the 1969 lien and the 1976 Default
Judgment. City Attorney stated that he did not have the answer to her
question but would investigate the matter. Hugli, with Council consent,
continued discussion and postponed Council ruling on the matter until the
attorney could research the reasons for the lengthy delay.
RECESS: The meeting was recessed at 10:00 p.m.; reconvened at 10:10 p.m.
Upon reconvening, it was moved by Vincent, seconded by Potts and carried
as follows to resolve the claim against Seward Broadcasting Corp. and
accept the check in the amount of $1,286.93 as offered in full payment by
Skip Fletcher:
Ayes:
Noes:
Absent:
Campbell, Hugli, Leer, Potts and Vincent
Gillespie and Mott
None
D. The following items were noted as to the request submitted
by Patrick O'Brien for a conditional use permit for construction of an
apartment complex on Lots 37-40, Block 23, Original Townsite:
November 7, 1977, letter, and attached As
Built Survey of lots in question, from
O'Brien, requesting the conditional use
permit
A portion of the Planning and Zoning
Commission meeting minutes of August 10,
1977, showing approval of a conditional
use permit for construction of a 14 unit
apartment complex on Lots 37-40, Block 23,
Original Townsite, by Chugach Development
Corporation
Minute order of a portion of the Planning
and Zoning Commission meeting minutes of
November 9, 1977, recommending Council approve
the transfer of the conditional use permit
from Chugach Development Corp. to O'Brien
PAGE 126
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
XL
NEW BUSINESS:
(cont'd)
O. T.:
(cont'd)
City Manager spoke in support of authorizing the transfer without again re-
quiring notification of surrounding property owners, a public hearing and an
additional $75 fee, stating that the proposal submitted by CDC was very similar
to O'Brien's plans for development of the parcels. It was moved by Mott,
seconded by Campbell and carried as follows to approve the transfer of the
conditional use permit from Chugach Development Corporation to O'Brien for
construction of an apartment complex on Lots 37-40, Block 23, Original
Townsite:
Ayes:
Noes:
Absent:
Abstain:
Campbell, Hugli, Leer, Mott, Potts and Vincent
None
None
Gillespie
Gillespie stated he abstained due to the fact that he was the selling agent
in the transfer of the property from CDC to O'Brien.
E. City Manager, with Council consent, requested the discussion
of the purchase of a Marine Travelift be postponed until the November 28,
1977, meeting.
XII.
CITY MANAGER REPORTS:
A. City Manager requested that the Council schedule a closed
study session in order to discuss instituting the recommendation made by
Price Waterhouse regarding the City's accounting and management procedures.
Following discussion, it was moved by Mott, seconded by Potts and unanimously
carried to hold a closed study session on Thursday, November 17, 1977, at
7:30 p.m. in the Council Chambers.
B. A portion of the Harbor Commission meeting minutes of
September 23, 1977, regarding recommendations for parking permits in the
Small Boat Harbor area, was noted. City Manager stated that the City
Council, at its meeting of September 12, 1977, had sent the item to the
Commission for a recommendation on regulations for issuing special Harbor
parking permits. City Manager stated the administration supported the
recommendations as set forth by the Harbor Commission. Following discussion,
Mott, with Council consent, asked that the City Manager compile the Harbor
Commission's recommendation into resolution form for Council consideration.
C. City Manager stated that although the Kenai Peninsula Borough
was charged, by State Statutes, with the responsibility to do the planning
for the City of Seward, the function had not been done properly for many
years. He requested permission to draw up a resolution to be presented to
the next session of the State Legislature which would give Home Rule/First
Class cities the option of doing their own planning. He stated he had already
received support from the two legislators representing Seward and the other
affected city, Homer. Following discussion, Hugli, with Council consent,
voiced support of the efforts and City Manager confirmed he would present a
resolution for Council consideration at its next regular meeting.
D. City Manager stated an application had been presented to the
Corps of Engineers for dredging into the McDonald property on the East side
of Resurrection Bay in order to allow the beaching of boats in the area. He
stated that the City would be contacted for its opinion on the application
due to the fact that the dredging would have to cross City tidelands. He
stated he would like to be given advance authority to support the application
in order not to hold up the process. It was moved by Mott, seconded by
Potts and unanimously carried to authorize the City Manager to notify the
Corps of the City's non-objection to the McDonald application for dredging
on the East side of Resurrection Bay.
E. City Manager requested that an executive session be held
immediately following adjournment of the regular meeting in order to discuss
personnel. It was moved by Gillespie, seconded by Leer and unanimously
carried to adjourn to executive session regarding personnel immediately
following completion of the regular meeting agenda.
C COUNCIL:
P & ZONING:
III
I
I
PAGE 127
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. Hugli noted that the Council needed to appoint a Vice Mayor.
It was moved by Vincent, seconded by Campbell and carried by Council consensus
to appoint Robert Mott as Vice Mayor of the Seward City Council.
B. The following items were noted as to vacancies on the Seward
Advisory Planning and Zoning Commission:
October 12, 1977, letter of resignation
of Jean E. Leer
MinuteOrder of a portion of the Commission
meeting minutes of November 9, 1977, recom-
mending the Council appoint a replacement
for David Moore, due to nonattendance
November 10, 1977, memo from City Clerk-
Treasurer Shanley, asking if Council wished
to readvertise the two vacancies or accept
previously-submitted requests for appoint-
ment to the Commission:
January 23, 1977, letter from
Raymond Olson
July 20, 1977, letter from Clyde
David Reynolds
Hugli, with Council consent, directed the City Clerk to advertise the
position openings on the Planning and Zoning Commission in order for the
Council to have more applicants prior to making a decision.
C. In answer to an inquiry from Vincent, City Manager stated
he would review the payments made by large users of City water.
D. Vincent spoke against the continuing runaway electrical current
outside the City limits and asked what was being done to alleviate the problem.
He stated that 40 volts had been registered from a reading taken from the gas
tank nozzle at the Stallings' residence in the Bear Creek area. He voiced
strong concern regarding City liability if the problem was not corrected before
a serious injury occurred. City Manager gave a report on the kilowatts lost over
the past 8 months and stated it amounted to approximately 34,348 kw, representing
$429.35, from January through August, 1977. City Manager stated the administra-
tion was continually working in trying to get Chugach Electric Association to
check and upgrade its part of the system.
E. Campbell asked to be excused from the November 28 meeting due
to other commitments.
F. Gillespie asked that the Council go on record opposing the removal
of gravel from the base of the Mt. Marathon Trail due to the erosion problem.
City Manager stated the City had not, in the past year, removed any gravel from
the area and he was investigating the feasibility of constructing a fence around
the area.
G. In answer to a question from Potts, City Manager and Public Works
Superintendent Albertson explained that the contractor had made an error in
grading too close to Ray Olson's water and sewer lines; therefore, the City
would not have to bear the costs of re-grading.
H. Potts requested to be excused from the November 28 Council meeting
due to other commitments.
I. Potts asked if any EDA funds were available for a concession stand
at the Little League ballfield and City Manager stated he did have some possible
funding and asked that Potts meet with him regarding the matter.
J.
the proceeds
auctions.
In answer to a question from Mott, City Manager commented on
received from the impounded vehicles and City surplus property
_1. ;;.:
PAGE 128
REGULAR MEETING - NOVEMBER 14, 1977
VOLUME 18
XIII.
COUNCIL DISCUSSION: (cont'd)
BEAR CREEK AREA: K. Mott asked if the City was aware that Woodrow Farms area had
applied to the State for Second Class City status. City Manager stated the
administration had been informed of the application and he further stated that
the State Department of Community and Regional Affairs had returned the
application due to the lack of plans to provide services to the area. He
stated if the application proceeded, public hearings would have to be held
and the City would comment at that time.
XIV. CITIZENS' DISCUSSION:
A. Karen Swartz asked how the Council's acceptance of Skip
Fletcher's offer of $1,286.93 for settlement of the utility lien against
Seward Broadcasting Corp. affected the Default Judgment issued in 1976;
City Attorney explained that the Council's acceptance of the check released
the lien on the property and for all intents and purposes dismissed the
Default Judgment.
XV. ADJOURNMENT:
The meeting was
10:47 p.m.
went into executive session regarding
~M
Mayor
PAGE 128
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
at 7:35 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Leer and Mott
(Absent, with Council consent, were Councilmembers
Campbell, Potts and Vincent)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer, City Clerk-
Treasurer Shanley and Clerk/Typist Faust
IV. APPROVAL OF MINUTES:
It was moved by Mott, seconded by Gillespie and unanimously carried
by all those present to approve the minutes of November 14, 1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that IX. Ordinances and Resolutions: A.
1. Proposed Ordinance regarding parking regulation~be deleted from
the agenda, to be presented at a later date. He further requested that XII.
City Manager Reports: C. Discussion of a proposed lease with the Council on
Alcoholism and Mental Health, be added to the agenda.
III COMPT:
PKS & REC:
C Z M:
LEG REPS:
I
BAYVIEW ADDN:
PERSONNEL/
lORDS:
PAGE 129
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
."
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
In conclusion, he requested that an executive session be held immediately
following adjournment of the regular meeting agenda in order to discuss the
Internatiornl Brotherhood of Electrical Workers (IBEW) contract negotiations.
It was moved by Gillespie, seconded by Leer and unanimously carried by all
those present to adjourn to executive session immediately following con-
clusion of the regular agenda items in order to discuss the IBEW contract.
It was moved by Mott, seconded by Leer and unanimously carried by all those
present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
1. Comptroller's list of accounts payable for November 1977
was approved and filed.
2. Recreation Director Nelson's memo of November 22, 1977,
summarizing the November recreation schedule, was noted
and filed.
3. Northrim Associates letter of November 14, 1977, regarding
the Coastal Zone Management workshop was noted and filed.
4. National League of Cities Action Call newsletter of
October 28, 1977, specifically regarding Water Pollution
Act amendments, was noted and filed.
5. National League of Cities visit to Russia and Holyland
brochures were noted.
6. Senator Jay Kertulla's letter of November 11, 1977, was
noted and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Due to Councilmember Campbell's absence, no Kenai Peninsula Borough
Assembly report was presented.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the City's proposal to establish
an assessment district in order to pay for a portion of the costs of instal-
ling sewer service in the Bayview Addition. "Notice of Public Hearing" as
published in the local newspaper on November 17 and 24, 1977, was noted. Also
noted was form letter, undated, which the administration had sent to all affected
property owners, setting forth the City's proposal and the cost factors involved.
No one appeared in order to be heard and the public hearing was closed. City
Manager stated the administration would proceed with plans for the sewer line.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Discussion on a proposed ordinance regarding parking regulations
was deleted from the agenda, to be presented at a later date.
2. Copies being made available to the public, Hugli noted by
number only proposed ordinance regarding conflicts of interests, entitled:
An Ordinance Regarding Conflicts of Interest,
Creating a New Chapter 25 of the Seward City
Code of Ordinances
City Manager stated that Councilmember Vincent was the sponsor of the
ordinance. In answer to a question from Gillespie, City Manager stated
that the City Code presently did not cover conflicts of interest to any
degree and recommended, due to the scope of the ordinance, that a study
PERSONNEL/
ORDS:
(cont'd)
P & Z/
ORDS:
P & Z/
RES:
BUDGET/
RES:
PAGE 130
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
session be scheduled to thoroughly review the document before a vote for
enactment was considered. Following discussion, it was moved by Mott,
seconded by Leer and unanimously carried by all those present to introduce
Ordinance No. 449 and schedule a public hearing for January 9, 1978. Hugli
stated that at the January meeting the Council would consider a date for a
study session in order to review the document with the attorney.
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli noted
by number only proposed Ordinance No. 443 regarding subdivisions, entitled:
An Ordinance Establishing Required
Improvements Within Subdivisions
Located Within the City Limits of
Seward, Alaska
"Notice of Public Hearing" as published in the local newspaper on October 27
and November 10, 1977, was noted. Public hearing was opened on the proposed
ordinance. No one appeared in order to be heard and the public hearing was
closed. City Attorney stated that after further reviewing the ordinance, he
was of the opinion that paragraphs (4) Deed of Trust, (a), (b) and (c) on
pages 6-7, should be deleted due to complications which might occur if the
Deed of Trust method of guaranteeing construction of required public improve-
ments was actually utilized by a subdivider. Gillespie recommended the re-
wording of paragraph (i) on page 8 to read as follows:
(i) "Undeveloped lot" shall mean a lot
on which no permanent dwelling unit or
commercial structure is presently located
and for which no building permit for the
construction of a permanent dwelling unit
or commercial structure has been requested
as of October 1, 1977.
Following discussion, it was moved by Gillespie, seconded by Mott and
unanimously carried by all those present to enact Ordinance No. 443 as
amended by deleting paragraphs (4) Deed of Trust, (a), (b) and (c) on pages
6-7 and rewording paragraph (i) on page 8 as recommended.
C. Resolutions:
1. Copies being made available to the public, Hugli noted by
number only proposed resolution requesting the Legislature to allow First
Class and Home Rule cities the option of handling the planning function,
entitled:
A Resolution Urging the Introduction
and Passage of Legislation by the 10th
Alaska Legislature Which Would Allow
First Class or Home Rule Cities to
Acquire Planning, Platting and Zoning
Powers
City Manager spoke in support of the resolution, stating that the present
relationship with the Borough regarding planning for the City of Seward
was untenable. He further stated he had received verbal support of the
resolution from Senator Jalmar Kertulla and Representative Pete Loveseth.
In answer to a question from Mott, City Manager stated the City would
receive monies from the State and other sources if it was delegated the
planning authority it was seeking. It was moved by Mott, seconded by
Gillespie and unanimously carried by all those present to approve Resolution
No. 77-50.
2. Copies being made available to the public, Hugli noted by
number only proposed resolution appropriating $25,000 in Federal Anti-recession
funds to various City departments, entitled:
A Resolution Appropriating Anti-recession
Funds and Revising the City Budget for
Fiscal Year 1977-78 to Reflect the
Appropriation of Funds
BUDGET/
RES:
(cont'd)
I PERS
RES:
WATERFRONT
TRACTS/
RES:
I
S B H:
I
WATERFRONT
TRACTS:
PAGE 131
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
City Manager stated the City had received approximately $52,000 in Federal
anti-recession funds which had to be appropriated and spent in the near
future or the monies would be forfeited. He reviewed the limitations on
expenditure of the monies and stated that the City was expecting receipt of
another check in January, March and July of 1978. It was moved by Mott,
seconded by Leer and unanimously carried by all those present to approve
Resolution No. 77-51.
PROP/ 3. Copies being made available to the public, Hugli noted by
number only proposed resolution amending the previously-adopted equipment
budget, entitled:
A Resolution Amending Resolution No. 77-47
City Manager spoke in support of the resolution, stating that after Council
had approved the purchase of a 1978 4-wheel drive pickup and ~ Ton pickup,
he had located better terms on 1977 models offering immediately delivery
and savings amounting to approximately $400. It was moved by Gillespie,
seconded by Leer and unanimously carried by all those present to approve
Resolution No. 77-52.
4. Copies being made available to the public, Hugli noted by
number only proposed resolution amending the lease with the State of Alaska
Ferry System for preferential berthing at the Fourth Avenue Dock, entitled:
A Resolution Amending the Lease With
the State of Alaska Regarding Water
Charges to the State Ferry System
City Manager stated it had been brought to his attention that Northern
Stevedoring and Handling Corporation, the City's agent for the Fourth Avenue
Dock, had been billing the State Ferry System the water rates as charged
the mud boats, pursuant to Ordinance No. 430 as adopted in January of 1977.
He explained that the ferry did not use a large amount of water and spoke
in support of adopting the resolution which would exempt the ferry from the
increased over-the-dock water charges, retroactive to January 1, 1977. He
further explained that the water service charges would be clarified in the
new lease agreement with the Ferry System, to take effect July 1, 1978. It
was moved by Gillespie, seconded by Mott and unanimously carried by all those
present to approve Resolution No. 77-53.
X.
UNFINISHED BUSINESS:
A. City Manager spoke on the purchase of a new boat lift for the
Small Boat Harbor and called Council's attention to the brochure of information
contained in the Council packets regarding Marine Travelift mobile boat hoists.
He stated that the present boat lift was purchased 10 years ago and had outlived
its useful life, costing the City approximately $6000 in repairs the previous
year. He stated he had received assurance from the State of Alaska that it
would allow $32,500 for trade-in of the present hoist, leaving the City's cost
for purchase of the new hoist at $32,500. It was moved by Mott, seconded by
Leer, but later withdrawn, that the City Manager be authorized to expend
$32,500 for purchase of a new boat lift. Hugli requested information on the
warranty prior to purchase of the new lift. Gillespie, with Council consent,
requested the item be again placed before the Harbor Commission for its
review and Council would continue final action on the purchase until its
next meeting.
XL
NEW BUSINESS:
A. City Manager distributed the fiscal year 1977-78 agreement the
City had with the State of Alaska Ferry System for rental of the "old depot"
and preferential rights to berth at the Fourth Avenue Dock. He recommended
he be authorized to begin negotiations for the 1978-79 lease agreement, setting
the rental fee for the "old depot" at $4,200 per year and the annual berthing
and moorage privileges at $16,800, an increase of $3,400 over the previous
1 ~.' 1
L,_.
WATERFRONT
TRACTS:
(cont'd)
C COUNCIL:
PAGE 132
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
XL
NEW BUSINESS:
(cont'd)
year's lease agreement. City Manager also stated a paragraph would be
added to the agreement to cover water service. Mott voiced objection to
the rental price of the "old depot", stating it was not competitive with
the higher office rents throughout the City. Following discussion, it was
moved by Mott, seconded by Leer and unanimously carried by all those present
to authorize the City Manager to negotiate a lease with the State of Alaska
Ferry System for rental of the "old depot" and preferential rights to the
Fourth Avenue Dock, at the cost figures recommended.
XI1.
CITY MANAGER REPORTS:
A. Board of Architects, Engineers and Land Surveyors letter of
November 7, 1977, regarding professional licensing as required by State
Statutes was noted for informational purposes only.
B. City Manager stated since he would not be present for the
December 12 meeting, he recommended Council postpone its regular meeting
until December 19. He stated that although he had contemplated recommending
the December 26 meeting be canceled due to the Christmas holiday, Council-
member Vincent had pointed out to him the City Code section which required
the Council hold two meetings a month. Following discussion, City Attorney
cited specific Code sections and stated the Council could cancel the second
meeting in December if it knew in advance that a quorum would not be present.
It was moved by Mott, seconded by Leer and unanimously carried by all those
present to reschedule the December 12 Council meeting to December 19. It
was agreed by all Councilmembers to cancel the December 26 meeting.
MARATHON ADDN: C.
real property
and Community
S F/
S B H:
The following items were noted as to the proposed lease of
in the Marathon Addition to the Seward Council on Alcoholism
Services (SCACS):
Draft of "Lease of Real Property"
Verbatim Transcript of a portion of the
City Council meeting minutes of December
13, 1976, setting forth City Attorney's
recommendations as to content of the
lease agreement
A portion of the City Council meeting
minutes of December 13, 1977, regarding
the Seward Council on Alcoholism and
Community Services request for lease
of Lots 3 and 4, Marathon Addition
City Manager explained the request came before the Council for discussion
only and if Council so directed he would have a resolution drafted which
would provide for the lease and schedule a public hearing for December 19.
Gene DeGooyer, Executive Director of the SCACS, appeared and spoke in
support of and answered questions on SCACS's proposals for funding of
the project, stating that $80,000 had been appropriated by the State of
Alaska. In answer to a question from Gillespie, DeGooyer stated that
SCACS should have construction completed and be moved into the building
within a year's time. DeGooyer stated labor for construction of the build-
ing would be donated and further stated Bob Booher of the Skill Center had
volunteered the services of the school's Building Trades Cluster. Alice
Ainsworth appeared from the audience and spoke against a non-profit organization
getting free labor for construction from the Alaska Skill Center, stating it
was in direct competition with carpenters in the area who needed work.
Following discussion, Gillespie recommended that an additional paragraph be
added to the draft lease agreement which would provide for termination of
the lease if construction was not completed within a specific time period,
i.e. five years or less. City Manager stated a resolution and final lease
document would be presented for Council's next meeting.
D. City Manager stated he had been contacted by a representative
of Seward Fisheries, requesting permission to close to through traffic that
portion of the City dock located to the south of the Fisheries' building
between the lift dock and the T'dock due to the installation and operation
of a new pneumatic fish unloader which might pose a danger to traffic in
the area. No objection was voiced by the Councilmembers.
STREETS/
WATER:
I
WATERFRONT
TRACTS/
HARBOR:
III
I
PAGE 133
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
E. City Manager distributed "Periodic Estimate for Partial Payment"
from P.R. & S., Inc. and Western States Associates for various water improvement
work and from Associated Asphalt Paving Ltd. for street paving and recommended
Council authorize payment of the following:
P.R. & S., Inc. - $
Associated Asphalt Paving Ltd. -
Western States Associates
125,550.00
29,519.32
43,038.00
Following discussion, it was moved by Mott, seconded by Gillespie and
unanimously carried by all those present to approve the payments of the
bills to the three companies as stated by the City Manager.
F. City Manager distributed "Seward Port Facility Study for City
of Seward, Alaska" dated October 1977 as prepared by R & M Consultants, Inc.
He explained that the feasibility study had been authorized by Council and
completion of the document was the initial step in allowing the City to seek
funding for proposed construction. In answer to a comment by Gillespie,
City Manager recommended a study session on the document be scheduled at the
same time the Council reviewed the Simpson, Usher and Jones OCS Strategy
Study which would be completed within the next few months. In closing,
City Manager stated a copy of the R & M Consultants' study would be forwarded
to each Harbor Commissioner and Planning and Zoning Commissioner.
G. City Manager commented on water meters at the Fourth Avenue
Dock and Alaska Railroad Dock, specifically referring to metered water going
over those docks. He stated the meter at the Fourth Avenue Dock had been
inoperative but was presently in working order and being read on a regular
basis. He stated that a'meter was not yet installed at the Railroad Dock
and it was his opinion that the costs of installing one were prohibitive at
the' present time and, with Council consent, recommended installation costs
be reviewed again in the Spring.
H. City Manager stated the reasons for the two power outages in the
past weeks, both caused by private parties, one involving an individual running
a crane into a power line. He stated that an electrical outage caused by a
City malfunction had not occurred since last March. Further, City Manager
stated that it appeared the electrical crew had located the cause of the
runaway electrical currents in the Bear Creek area; the problem had been
traced to some heat tape placed by the Alaska Railroad on its tunnel at
Mile 12. City Manager stated the administration was in contact with the
Railroad authorities in order to correct the problem as soon as possible.
I. City Manager stated he was leaving Thursday, December 1 for
San Francisco to attend the National League of Cities meeting and then would
take a 10 day vacation, returning to the City on December 19. He recommended
Council appoint an Acting City Manager in his absence. Mott and Hugli asked
the City Manager if he had a recommendation for the position and he replied
in the negative. Hugli stated the appointment would be made under Council
Discussion.
J. City Manager stated the City had an old Gestetner mimeograph
machine and a Gestefax stencil cutter which the City did not use. He recom-
mended the equipment be donated to the library as an in kind contribution;
the library would repair the equipment and allow the City to use them when-
ever necessary. No objection was voiced by the Council.
K. City Manager gave a report on information which had started
filtering into the City in April regarding Mr. Ted Meining's plans for
rejuvenations of the Alaska Freightlines Dock on the east side of Resurrection
Bay. He explained that Meining had never submitted to the City any type of
development plans for the area, had never applied for a building permit or
a blasting permit and all information the administration had received was
merely heresay. Continuing, he stated the City had received notice from
the State that Meining had applied for a water rights permit to tap a
unnamed stream in the 4th of July Creek area for IrOOPOO gallons of water a
day in order to service offshore mud boats. City Manager stated the City
,
~ ' .
PAGE 134
REGULAR MEETING - NOVEMBER 28, 1977
VOLUME 18
XI1.
CITY MANAGER REPORTS:
(cont'd)
had taken a stand formally objecting to the granting of the permit; however,
the State Department of Natural Resources had denied the objection and planned
to issue the permit. After assistance from the State Department of Community
and Regional Affairs, the City was granted until December 9 to file an appeal
to the State's action. City Attorney spoke and answered questions on why the
City should stand firm in opposing the water rights permit.
XIII.
COUNCIL DISCUSSION:
A. Mott stated the abandoned cars and other equipment should
be moved from the City streets in order to allow room for the snow plows.
B. Mott stated the Council in the near future had to address
long term priorities and goals for the City. City Manager stated that
the administration was progressing in that direction and he was working on
various projects for the future benefit of the community. Mott stated a
work session should be set no later than February for an in depth discussion
of a priority list.
C. Hugli stated an Acting City Manager had to be appointed.
City Manager was asked for his recommendation but he declined. It was
moved by Mott, seconded by Leer and unanimously carried by all those present
to appoint City Clerk-Treasurer Shanley as Acting City Manager in City
Manager Johnson's absence.
D. City Clerk distributed copy of letter dated November 28,
1977, from Paul K. Seaton, submitting his resignation from the Harbor
Commission. Hugli directed the City Clerk to advertise for interested
persons to fill the vacancy and stated Council would make the appointment
at its first meeting in January.
XIV. CITIZENS' DISCUSSION:
A. Paul Seaton appeared and spoke against people serving on the
Harbor Commission who were not directly involved in the harbor operations.
He stated the Commission was best served by individuals who used the Harbor
facilities on a regular basis and were familiar with the Small Boat Harbor's
problems.
XV.
ADJOURNMENT:
The meeting was adjourned at 9:30 p.m.
,{Ii"" ~"'The
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went into executive session regarding
Rt;L.- 2./ ~f
Mayor
PAGE 134
SPECIAL MEETING - DECEMBER 6, 1977
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council was called to order
by Mayor Hugli at 1:05 p.m.
II.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, *Mott, Potts and Vincent
Present also: Acting City Manager Shanley and Clerk/Typist Faust
III. OPENING CEREMONY:
Councilmember Vincent led the pledge of allegiance to the flag.
, )
PAGE 135
SPECIAL MEETING - DECEMBER 6, 1977
VOLUME 18
COUNCILMEMBER MOTT ARRIVED AT 1:08 PM AND THEREAFTER TOOK PART IN THE MEETING.
IV.
SPECIAL ITEMS:
WATER/
ORD:
A. Copies being made available to the public, Hugli noted by number
only proposed ordinance regarding the appropriation of water rights, entitled:
I
An Ordinance Regarding Water, Creating Seward
City Code Section 22-12, Appropriating All
Water Resources Within the City Limits of the
City of Seward, Alaska, and Declaring an
Emergency
I
Alaska Statutes Chapter 46, Article 2. Appropriation and Use of Water.,
Sec. 46.15.030 through Sec. 46.15.185 was noted. Hugli stated City Attorney
Jarrell had requested the special meeting be called and the ordinance be
enacted as an emergency measure in order that the ordinance would be effective
prior to the December 9 deadline for the City to submit its appeal to the
State Department of Natural Resources on the water rights permit application
of E. T. Meining for the acquisition of water rights in the 4th of July Creek
area. Hugli spoke and answered questions on the status of the City Attorney's
contacts with Meining and his legal counsel regarding the water rights permit
application for the East side of Resurrection Bay in order to obtain water
to service offshore mud boats. He stated that the ordinance, if adopted, would
protect the City from the ramifications of a competing utility and, further,
would allow the City to negotiate with any interested party to act as the
City's agent for the development of the water resources in the 4th of July
Creek area, the City to hold the water permit and control the prices for the
sale of water. Potts commented on the lack of knowledge of the parties
with which the City was dealing connected with the Meining water rights permit
and stated the City should do any negotiating with the principals of any
development plans, not just a promoter representing those principals. In
answer to a question from Vincent regarding the affect the ordinance would
have on water resources in areas annexed in the future, Hugli placed a telephone
call to the City Attorney who recommended an amendment be made to the ordinance
to read as follows:
This appropriation shall apply to the areas of
the City annexed after the effective date hereof.
Following discussion, it was moved by Gillespie, seconded by Campbell and
unanimously carried to enact emergency Ordinance No. 450 as amended.
B. Vincent spoke on the continuing runaway electrical currents
in the Bear Creek area, stating that the heat tape on The Alaska Railroad
tunnel at Mile 12 was not the sole cause of the problem because ground currents
were still being registered in the affected areas. He stated Chugach Electric
Association was in the process of inspecting its grid system in order to
locate the problem.
V.
ADJOURNMENT:
.~.- ''''~'7 '}--, )."},_
:"' The' me~g was adjourned at 1:43 p.m.
I
~,2~
J:Anne E. Shanley"
City Clerk-Treasurer
~~t4
Mayor
(Ci~y Seal)
"
",
COMPTROLLER:
C ATTORNEY:
PLANNING &
ZONING:
WATER:
COASTAL ZONE
MANAGEMENT:
ABC B:
PLANNING &
ZONING:
PAGE 136
REGULAR MEETING - DECEMBER 19, 1977
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council of December 19, 1977,
was called to order at 7:30 p.m.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Leer, Mott,
Potts and Vincent (Absent, with Council consent,
vms Gillespie)
Present also: City Manager Johnson, City Clerk-Treasurer Shanley
and Administrative Assistant Schaefermeyer
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Campbell and unanimously carried
by all those present to approve the minutes of November 28 and December 6,
1977, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Mott, seconded by Leer and unanimously carried by
all those present to approve the consent calendar and regular meeting agenda
as presented and the following actions were taken:
1. Comptroller's list of accounts payable for December 1977
was approved and filed.
2. Hughes, Thorsness, Gantz, Powell and Brundin's bill for
legal services rendered for November in the amount of
$3,695.19 was approved for payment and filed.
3. December 2, 1977, letter from Senator Jay Kertulla vOlclng
support of the City's Resolution No. 77-50 regarding the
City obtaining planning powers was presented for informa-
tion and filed.
4. The following letters regarding the repairs on the Lowell
Creek Diversion Tunnel were presented for information and
filed:
October 17, 1977, letter from the Corps of
Engineers
November 18, 1977, letter from Senator Mike
Gravel
November 28, 1977, letter from Seward City
Manager Johnson
5. "Policy Guidelines for Implementation of Coastal Energy
Impact Program" dated October 1, 1977, and attached
cover letters, were presented for information and filed.
6. Alcoholic Beverage Control Board's letter of December 5,
1977, forwarding liquor license renewal application of
Seward Trading Company, Inc. was noted; the application
was approved and ordered filed.
7. November 28, 1977, letter from the State Department of
Revenue, Treasury Division, requesting a lis~ of capital
projects for the next ten years was noted. City Manager
commented on the request, stating that since the City did
not have a Planning Department due to lack of legislative
authority for such, such a request for capital projections
was impossible.
PAGE 137
REGULAR MEETING - DECEMBER 19, 1977
VOLUME 18
" '7
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
HARBOR:
8. December 5, 1977, letter from the Division of Harbor Design
and Construction transmitting "Statement of Policy Relating
to Operation and Management of State Owned Harbor Facilities"
was noted. City Manager, with Council consent, recommended
discussion of the document be scheduled for the Council
meeting of January 9, 1978.
I SP COM EVTS:
9. "Alaska Municipal League Policy Statement - 1978" was
presented for information and filed.
10. November 23, 1977, letter from the Division of Parks,
notifying the City of the non-eligibility of the Mt. Marathon
Race Trail for placement in the National Register of Historic
Places, was presented for information and filed.
WATER:
11. November 1, 1977, letter from Senator Ted Stevens regarding
the snag problem at the mouth of Resurrection River was
presented for information and filed.
12. November 25, 1977, letter from the Division of State Policy
Development and Planning regarding the DEC - Solid Waste
Management Regions was presented for information and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
and spoke specifically on two items pending before the Assembly: 1) petition
as presented by voters in the Soldotna area for reapportionment of the Borough
Assembly seats based on the population figures used for receipt of revenue
sharing funds; and 2) ratification of the agreement between the Borough employees
and the Assembly as reached in negotiations between the employees and a committee
of the Borough Assembly.
I
VII.
PUBLIC HEARINGS:
MARATHON A. Public hearing was opened on the Seward Council on Alcoholism and
ADDN: Community Services' (SCACS) request for a 40 year lease on City owned Lots 3
and 4, Marathon Addition, for construction of a treatment center. "Notice of
Public Hearing" as published in the local newspaper on December 8 and 15, 1977,
was noted. Proposed Quitclaim Deed to the State of Alaska for lease to SCACS
was noted. City Manager explained the deed contained the provision that when
the property was no longer used for an alcohol treatment/mental health center,
the property would revert to the City. Glenn Clarke, President of SCACS,
appeared and spoke in support of the proposed deed and stated he understood
the City Attorney recommended the deed instead of the lease to the SCACS due
to liability questions and further stated that the Council was in agreement
with the proposed procedure for transfer of the land. No one else appeared
from the audience in order to be heard and the public hearing was closed. City
Manager spoke on the proposed deed, stating he felt some additional provisions
needed to be set forth in the document and cited the need to protect the
hospital's water well located on the property. He also stated a performance
schedule needed to be addressed in order to insure construction of the treat-
ment center and use of the facility would not be postponed for a lengthy period
of time. Following discussion, Hugli, with Council consent, scheduled the item
for further discussion and another public hearing on January 9, 1978.
VIII.
CITIZENS' DISCUSSION:
I
No one appeared from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ELECTRIC/
S B H:
1. Copies being made available for the public, Hugli noted by
number only proposed ordinance regarding electrical service in the Small Boat
Harbor, entitled: .
An Ordinance Regarding Electrical Service
in the Small Boat Harbor, Amending Seward
City Code Section 5-80.1
PAGE 138
REGULAR MEETING - DECEMBER 19, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
ELECTRIC/
S B H:
(cont'd)
A. Ordinances for Introduction:
(cont'd)
City Manager stated if enacted, the ordinance would standardize the fees charged
for electrical service in the harbor area with those cited in the Code for
other electrical utility customers. It was moved by Mott, seconded by Leer and
unanimously carried by all those present to introduce Ordinance No. 451 and
schedule a public hearing for January 23, 1978.
S B H:
2. Copies being made available for the public, Hugli noted
by number only proposed ordinance regarding seaplanes in the Small Boat
Harbor, entitled:
An Ordinance Regarding the Small Boat Harbor,
Amending Seward City Code Section 5-45 -
Seaplanes
City Manager stated the ordinance had been recommended by the Harbor Commission
and, if enacted, would control the mooring of seaplanes in the confines of the
Harbor. It was moved by Mott, seconded by Potts and unanimously carried by
all those present to introduce Ordinance No. 452 and schedule a public hearing
for January 23, 1978.
COMPTROLLER/
ORDS:
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available for the public, Hugli noted by
number only proposed Ordinance No. 447 repealing the inventory tax, entitled:
An Ordinance Repealing the Inventory Tax
Within the City of Seward, Alaska
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. It was moved by Mott,
seconded by Leer and unanimously carried by all those present to enact
Ordinance No. 447.
T 0 T/
ORDS:
2. Copies being made available for the public, Hugli noted by
number only proposed Ordinance No. 448 repealing the hotel-motel tax, entitled:
An Ordinance Repealing the Hotel-Motel
Tax Within the City of Seward, Alaska
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. December 9, 1977,
letter from Joan Kilcup, manager and co-owner of the Marina Motel, voicing opposi-
tion to the tax and support of the repealing ordinance, was noted. It was
moved by Mott, seconded by Leer and unanimously carried by all those present
to enact Ordinance No. 448.
C. Resolutions:
PKS & REC: 1. Copies being made available for the public, Hugli noted by
title only proposed resolution regarding the baseball fields, entitled:
A Resolution Naming Seward Ball Fields
City Manager explained that at the Council meeting of July 25, 1977, the resolution
had been presented and Council moved to table any action for six months to see
if the sentiment remained for naming the two ball fields on 4th Avenue after the
two young men who drowned in Kenai Lake in the spring. Potts stated the Little
League Association would like to have a voice in the naming of the fields,
especially the small field designated specifically for little league baseball.
The resolution was not approved due to lack of a motion.
HARBOR:
2. Copies being made available for the public, Hugli noted by
number only proposed resolution regarding special parking permits for the
harbor area, entitled:
A Resolution Authorizing the City Manager
to Issue Special Parking Permits for Small
Boat Harbor Area Vehicle Parking
HARBOR:
(cont'd)
I
PAGE 139
REGULAR MEETING - DECEMBER 19, 1977
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
City Manager stated there was a severe parking problem in the Small Boat Harbor
area due to people parking illegally in fire and no parking zones. He explained
that the Council had referred the problem to the Harbor Commission and the Com-
mission had established the criteria for parking permits as set forth in the
resolution. In answer to a question from Vincent, City Manager stated he en-
visioned issuing approximately 30 permits due to the resolution. In answer to
a question regarding parking areas for boat owners and charter boat operators,
City Clerk-Treasurer stated in drafting the ordinance she had discussed the
matter with the Harbor Master and he had planned to designate loading zones,
with a specified time limit, such zones to be located near the ramps so boat
owners and charter boat operators could unload gear in the loading zones and
then move their vehicles to another area for parking. Brent Whitmore appeared
and spoke on the limited parking space available in the harbor area. Alice
Ainsworth appeared from the audience and spoke against the requirement that
those service businesses seeking to obtain a special parking permit show proof
of an Alaska State Business License. Herman Leirer appeared and spoke in support
of the resolution. Mott asked that a public hearing be held on the resolution
prior to Council action. Following discussion, it was moved by Mott, seconded
by Potts, but did not carry as follows, to approve Resolution No. 77-54:
Ayes:
Noes:
Absent:
Campbell, Mott and Potts
Hugli, Leer and Vincent
Gillespie
Hugli, with Council consent, scheduled a public hearing on the resolution for
the Council meeting of January 9, 1978.
X.
UNFINISHED BUSINESS:
PLANNING & A. Proposed amended zoning ordinance for the City of Seward as revised
IZONING:bY the Borough Planning Department and containing parking regulations, was noted.
Herman Leirer, Seward Advisory Planning and Zoning Commission Chairman, appeared
from the audience and spoke in support of the Council approving the document
as presented and spoke strongly in support of the parking regulations as con-
tained in the ordinance. Beverly Dunham appeared and spoke against the parking
requirements, stating that Seward's uniqueness came from its condensed core
business area and strict parking regulations would enhance the movement of busi-
nesses to areas outside the City limits. Alice Ainsworth appeared and also
spoke against the parking regulations. Following discussion, Hugli, with
Council consent, scheduled a public hearing on the zoning ordinance for January
23, 1978.
S B H:
HOSPITAL:
I
B. Letter dated December 1, 1977, from Marine Travelift, Inc., and
attached "New Machine Warranty" and a portion of the Harbor Commission meeting
minutes of November 30, 1977, showing the Commission's unanimous approval of
purchase of the new boat hoist, were noted. Hugli stated the warranty did not
have any time period during which labor for defective parts was covered by the
company. Following discussion, City Manager stated he would investigate the
matter further and report back to Council.
XI.
NEW BUSINESS:
A. "Long Term Lease" dated March 3, 1969, leasing Lots 14-18
of the Marathon Addition, including structures, to the Seward Hospital
Association, was noted. City Manager stated in reviewing the City's insurance
premiums, he discovered that although the lease called for the hospital to pay
for its own insurance coverage, the City had for a number of years paid twice
as much for its total insurance package due to the fact that the hospital was
contained in the package. He stated, also to his surprise, that the City was
paying insurance on the Seward Clinic, a private enterprise. Campbell, Hospital
Administrator, stated that it appeared the insurance carrier was at fault because
the hospital board had also been paying the insurance for which the City was
being charged. City Manager stated he was further pursuing the matter but
wanted Council in the interim to consider the option of deeding the property
to the hospital, thus freeing the City from any liability problems and the
insurance costs.
i ; \1
WATER:
REFUSE:
PAGE 140
REGULAR MEETING - DECEMBER 19, 1977
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
B. "Periodic Estimate for Partial Payment" from Alaska Mechanical, Inc.
and Western States Associates for various water improvement work was noted as
follows:
Alaska Mechanical, Inc.
Alaska Mechanical, Inc.
Wellhouse No. 4
Constant Pressure
Pump Station
Well No.4
$ 10,229.00
38,250.00
Western States Associates -
20,445.75
It was moved by Mott, seconded by Leer and unanimously carried by all those
present to approve the payment to Alaska Mechanical, Inc. and Western States
Associates, totaling $68,924.75, as indicated.
XII.
CITY MANAGER REPORTS:
A. City Code Section 15-5 "Discharge, concealed carrying, sale, etc.,
of weapons" was noted. City Manager stated he wanted to bring the section of
the Code to Council's attention due to a recent jury trial of a local individual
charged with carrying loaded weapons within the City. He stated the jury did
not convict the man and he felt one reason was that the defending attorney
made statements against laws controlling the carrying of loaded, concealed
weapons.
XIII.
COUNCIL DISCUSSION:
A. Vincent commented on the poor parking habits of cars parked on
4th Avenue and stated the police should be patrolling the area more closely
to catch the offenders.
B. Potts stated a reference had been made at the November 28
Council meeting to two power outages caused by private parties. He contended
that the second outage involving Louisiana Pacific had occurred due to a
City employee throwing the wrong switch and energizing the wrong system. He
stated LP engineers from the Lower 48 had come to investigate the matter and
he would be forwarding to the City a copy of their report.
C. Leer stated in the spring the City should review the need for
establishing time limits for parking in the downtown area.
E. Mott spoke on abandoned and double parked cars, specifically
located on 6th Avenue.
F. Vincent and Potts spoke on a City vehicle which had been
observed parked downtown in the evenings. City Manager stated he would
talk to the employee involved.
G. Ordinance No. 415 regarding refuse rates and "Herman E. Leirer
dba Seward Service, Seward, AK, Statement of Projected Income - Subject to
Proposed Rate Increase" were distributed. City Manager stated according to
the City's contract with Seward Service, the garbage service rates were to
be reviewed in December and Leirer was requesting approval of a rate increase.
Leirer appeared and spoke in support of and answered questions on his requested
rate increases. Following discussion, City Manager stated he would have a
resolution prepared for Council's consideration at the January 9, 1978, meeting.
XIV. CITIZENS' DISCUSSION:
A. Herman Leirer appeared and spoke on hospital malpractice insurance.
B. Alice Ainsworth appeared and spoke in support of the Seward
Police Department.
.c.,~1j.:Al)j~NT :
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,c'Ch'e.rn.eetilri'it was adj ourned at 9: 03 p. m.
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J~~Shanlej- ~
Chy Clerk-Treasur~f
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XV.
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Mayor
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