HomeMy WebLinkAbout1985 City Council Minutes
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PAGE 321
SPECIAL MEETING - JANUARY 7, 1985
VOLUME 20
City Utilities/Engineer Manager Diener appeared before Council and
summarized his memorandum of January 2, 1985, regarding the Dairy Hill
Utility Expansion Project and requested the appropriation to close out
the proj ect.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-1; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY.
XI. NEW BUSINESS:
SPEC PROJ/ A. Diener appeared before Council and stated that another
ESMTS: property owner had negotiated an easement agreement; Diener requested
that the name be added to the list which had been included in the
Council packets as an attachment to his January 4, 1985, memorandum.
SIMUTIS MOVED TO AUTHORIZE THE ADMINISTRATION TO PROCEED WITH PAYMENT
FOR THE ACQUISITION OF EASEMENTS ACROSS PRIVATE PROPERTY ALONG THE
TRANSMISSION LINE AS LISTED IN THE ATTACHMENT TO DIENER'S MEMORANDUM OF
JANUARY 4, 1985, WITH THE ADDITION OF ELEANOR GREBBIN; THE MOTION WAS
SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
TRANSPORTATION: B. Garzini noted a December 31, 1984, letter from the Civil
(Air) : Aeronautics Board which explained that the Board would cease to exist
effective January 1, 1985, but the administration of the Essential Air
Service program would transfer to the Department of Transportation.
Also noted was a January 4, 1985, letter from Myers and Company in
support of selecting Alaska Aeronautical Industries, Inc. as an
Essential Service carrier for Seward. Cripps stated that all input he
had received had been in support of Harbor Air Service; that it had
served Seward with air service since 1978 and that a service originating
from Seward would be more dependable. CRIPPS MOVED TO SUPPORT HARBOR
AIR SERVICE AS AN ESSENTIAL AIR SERVICE CARRIER FOR SEWARD BY SENDING A
LETTER TO THE CHIEF OF THE ESSENTIAL AIR SERVICE DIVISION WITH THE
RECOMMENDATION AND PREPARE A RESOLUTION STATING SAME FOR APPROVAL AT THE
NEXT REGULAR COUNCIL MEETING; THE MOTIONS WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY.
xv.
12:21 p.m.
(2~-!~
Donald W. Cripps
Mayor
(City
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PAGE 321
REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
1.
CALL TO ORDER:
The January 14, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Hilton led the pledge of allegiance to the flag.
IlL
ROLL CALL:
Present were:
Mayor Cripps and Councilmembers
Simutis, Williams and Wilson
absent with Council consent)
Hilton, Meehan,
(Gillespie was
Present also: City Manager Garzini, City Attorney Arvidson, &
City Clerk Murphy
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PAGE 322
SPECIAL ITEMS:
REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
A. Cripps introduced Junior Councilmember Nancy Moxie and
presented her with a City pen.
EIP: B. Cripps presented Employee Incentive Awards to Dispatcher
Suzanne Fleetwood and Custodian Dala Andrijanoff.
IV. APPROVAL OF MINUTES:
WILSON MOVED TO APPROVE THE DECEMBER 10, 1984, AND THE JANUARY
7, 1985, MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
SESSION
DISCUSS
CARRIED
At the request of Garzini, SIMUTIS MOVED TO MEET IN EXECUTIVE
IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS IN ORDER TO
A PERSONNEL MATTER; THE MOTION WAS SECONDED BY HILTON AND
UNANIMOUSLY.
Cripps noted that the Administration had requested that a
substitute Resolution No. 85-12 replace the resolution which had been
included in the Council packets.
MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED
AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY HILTON
AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/FINANCE:
RESO/TRANSPORTAION 2.
(AIR):
RESO/CON-1l6:
RESO/PARKS & REC:
RESO/REV.SHRG/
FINANCE:
RESO/P&Z:
C.ATTY/LITIGATION: 7.
C.ATTY:
FINANCE:
ABCB:
ABCB:
ABCB:
1.
Resolution No. 85-2, authorizing signatures for the City
bank account, was approved and filed;
Resolution No. 85-3, in support of Harbor Air Service,
was approved and filed;
3.
Resolution No. 85-4, appropriating $8400 for the Kumin
Contract to provide a siting and program study for a new
teen center, was approved and filed;
4.
Resolution No. 85-5, rescinding all prior resolutions
opposing the Kenai Fj ords National Park proposal, was
approved and filed;
5.
Resolution No. 85-6, requesting municipal assistance
funding from the State, was approved and filed;
6.
Resolution No. 85-7, setting new fees for special permit
applications, was approved and filed;
Invoices from Erwin, Smith, Garnett, Jarrell & Moderow
totalling $1119.27, for legal services relative to the
VECO suit, was approved for payment and filed;
8. November 1984, invoice from HTGP&B for legal services
totalling $20,002.43, was approved for payment and filed;
9. Finance Department's list of accounts payable totalling
$5,952,456.78, was approved for payment and filed;
10. ABCB applications for renewal of liquor licenses as filed
by the Yukon Bar, Harbor Dinner Club, Breeze Inn, Apollo
Restaurant, The Wheelhouse, and Niko' s Nightclub, were
filed without objection;
11. ABCB applications for restaurant designation for the
purpose of hiring minors as filed by the Breeze Inn and
Niko's Night Club, were filed without objection;
12. ABCB application for renewal of liquor license as filed
by the Van Gilder Hotel, was denied until all taxes and
utilities are current;
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REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
PERMITS:
13. Applications for permits for games of chance and skill as
filed by Marathon Homemakers, Wes-Gen Auxiliary, Seward
Senior Citizens, and the American Legion Auxiliary 115,
were filed without objection;
CIP:
14. Capital Improvements Plan amendment to include the IMS
erosion control project was approved and filed;
15.
The appointment of Bob Peirson as City Comptroller was
confirmed;
ADMINISTRATION:
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16.
The construction report as filed by Trend Construction,
Inc., as required by his lease of Lots 3-5, Block 1,
Marina Subdivision, was noted for information and filed;
RE-
RE-
17. The report on the cost of dock maintenance and repair as
filed by Seward Fisheries as required by its agreement
for preferential use of the SBH dock was noted for
information and filed; and
BUILDING DEPT:
18. CY84 Building Permit report was noted for information and
filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the January 8, 1985, assembly meeting.
VII. PUBLIC HEARINGS:
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A. Notice of public hearing as posted and published by law
relative to the proposed lease of property in the Small Boat Harbor area
to the U. S. Coast Guard was noted and the public hearing was opened; no
one appeared from the audience in order to be heard and the public
hearing was closed.
B. Notice of public hearing as posted and published by law
relative to the proposed 120-day extension of the Department of Army
lease of the Seward Army Rec Camp was noted and the public hearing was
opened; no one appeared from the audience in order to be heard and the
public hearing was closed.
C.
relative to
was noted.
Notice of public hearing as posted and published by law
the proposed City street address and house numbering plan
Administrative Assistant Kerry Martin stated that the City
Code mandated that every house must have its house number plainly
displayed. In the past, the City had not enforced this ordi.nance.
Moreover, the original numbering system was found to be inadequate.
Martin explained the proposed new numbering system and also gave his
recommendations for several street name changes which were needed. (See
January 4, 1985, memorandum from Martin to the P&Z Commission for
suggested name changes.)
Public hearing was opened; no one appeared from the audience
in order to be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
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A. DENNIS SCHOLL, SLAC Psychologist/Program Manager, asked
that Council consider approving a resolution requesting that the Legis-
lature settle the Mental Health Lands issue in accordance with law. In
response to a question from Cripps, Scholl stated that to his knowledge,
such a resolution had not been considered by any other governing body in
the state.
B. MICHAEL ROBINSON, 511 Third Avenue, Seward, appeared
before Council and stated that the Interagency Council had formed a
group called "Friends of the Community Center". The group's goal was to
raise money, in an ongoing effort, to aid in the operation and
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REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
maintenance of the proposed Senior/Community Center. He outlined some
of the group's proposals.
C. DICK MOREHOUSE of CCC Architects and Planners, appeared
before Council and presented an update on the status of the Seward
Comprehensive Plan. He asked that Council consider appointing one of
its members as a liaison between the Council and the Planning and Zoning
Commission to facilitate Council participation in the preparation of the
Plan.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, MODIFYING
THE PERSONNEL CODE WITH RESPECT TO
HIRING RANGES, STEP INCREASES AND
PAYMENT OF OVERTIME.
WILSON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 531; THE
MOTION WAS SECONDED BY HILTON.
Meehan suggested that a committee of Council be appointed to
meet with any employees who wished to discuss the proposed changes or
any other matters of importance to them. Cripps stated that anyone
desiring such a meeting should contact the City Clerk so that a time and
place could be arranged.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(Public hearing was scheduled for January 28, 1985.)
2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance expanding the scope of
the chapter to cover all animals and increasing pound fees entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 4 OF THE SEWARD CITY CODE
RELATIVE TO ANIMAL CONTROL.
SIMUTIS MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 532; THE
MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (Public hearing
was scheduled for January 28, 1985.)
B. Ordinances for Public Hearing and Enactment:
ORD/ALCOHOL: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 3 OF THE SEWARD CITY CODE BY
PROHIBITING OPEN CONTAINERS IN
VEHICLES.
Notice of public hearing as posted and published by law was noted and
the public hearing was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward,
appeared from the audience and asked how this ordinance would affect his
practice of serving champagne in his limousine. Garzini explained that
while this ordinance would not prohibit the consumption of alcohol in a
vehicle which was not in operation, it would prohibit the presence of an
open container in the vehicle if the engine was running.
BEVERLY DARBYSHIRE, 304 Second Avenue, Seward, appeared from
the audience and spoke in favor of the proposed ordinance.
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REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
No one else appeared in order to be heard and the public
hearing was closed.
MEEHAN MOVED TO ENACT ORDINANCE
SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
January 24, 1985.)
NO. 529; THE MOTION WAS
(The ordinance takes effect
ORD/TAXICABS/VFH: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REPEALING
AND RE-ENACTING CHAPTER 20 OF THE
SEWARD CITY CODE RELATIVE TO TAXICABS
AND OTHER VEHICLES FOR HIRE.
Notice of public hearing as posted and published by law was noted and
the public hearing was opened.
IVAN DARBYSHIRE, owner of the Legion/Pioneer Cab Co., appeared
before the Council and spoke in opposition to the proposed ordinance.
Darbyshire stated that deregulation would put his company out of busi-
ness and would make his permit worthless.
WALTER CHRISTOLEAR appeared before the Council and asked
several questions about the proposed ordinance.
RHONDA DELBIANCO, Manager of the Pit Bar, appeared before the
Council and spoke in favor of deregulation of the number of permits
allowed.
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BEVERLY DARBYSHIRE, Legion Cab, spoke in opposition to the
ordinance. She also asked that the Council consider reducing the amount
of insurance required, stating that the cost of providing the insurance
was prohibitive.
No one else appeared from the audience in order to be heard
and the public hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 530, INCLUDING THE ADMIN-
ISTRATION'S SUGGESTED AMENDMENT TO SECTION 20-16; THE MOTION WAS SECOND-
ED BY WILSON. (The suggested amendment would allow the City Manager to
set regulations regarding safety.)
Garzini briefly explained the events which led to the prepara-
tion and introduction of this ordinance. Originally, the administration
had decided to change the scope of the current ordinance to include
limousines, but differentiating between a taxicab service and a limou-
sine service had proved to by difficult. Arvidson explained that the
Council should also consider the fact that limiting the number of
permits could be considered restraint of trade. Meehan stated that he
was opposed to any new regulations which would put an existing company
out of business and suggested raising the permit fee high enough to
insure that only those people serious about operating a business in the
area would apply.
MEEHAN MOVED TO AMEND THE PROPOSED ORDINANCE BY INCREASING THE
PERMIT FEE TO $1000; the motion died for lack of a second.
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Williams stated that the cost of providing the necessary
insurance coverage would eliminate all but those really interested in
providing the service. Cripps stated that he could not support any
change that would destroy an existing business. Hilton stated that he
did not believe anyone should be able to resell any kind of permit. He
added that the Darbyshires still have their rolling stock which is where
the value of the company should lie, not in their permit.
Following further discussion, THE QUESTION WAS CALLED AND THE
MOTION PASSED WITH FOUR YES VOTES AND CRIPPS AND MEEHAN VOTING NO.
RECESS: The meeting was recessed at 9:10 p.m; reconvened at 9:23 p.m.
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REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
C. Resolutions:
RESO/RE-s5: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, PROVIDING
FOR THE DISPOSAL BY LEASE OF A PARCEL
OF CITY-OWNED LAND IN THE SMALL BOAT
HARBOR AREA FOR THE U.S. COAST GUARD
BOAT DISPATCH BUILDING.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-8; THE MOTION WAS
SECONDED BY WILLIAMS.
Simutis stated that she had two concerns about the proposed
lease. She stated that the parcel appears to be in the Alaska Railroad
corridor and any questions about ownership of the property should be
cleared up before the Council acts on the proposed lease. (She
explained that the administration had been unable to answer her
questions about ownership earlier in the day.) Simutis further stated
that she felt that a warehouse was not the highest and best use for
waterfront property and suggested that a more suitable location could be
found for the Coast Guard boat dispatch building. Hilton concurred.
MEEHAN MOVED TO TABLE FURTHER DISCUSSION UNTIL THE FEBRUARY
11, 1985, MEETING; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED
UNANIMOUSLY. (Garzini stated that the administration would pursue other
alternatives to present to Council in February.)
RESO/RE-34: 2. Copies having been made available to the public,
-cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING SUPPLEMENTAL AGREEMENT NO. 3 FOR
A FOUR-MONTH LEASE EXTENSION TO THE
SEWARD ARMY RECREATION CAMP.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-9, THE MOTION WAS
SECONDED BY MEEHAN.
Wilson voiced his concerns about a possible 50-year lease of
this property to the Army. He stated that, with a projected increase in
population of 1500 people within the next few years, the City should
consider converting this valuable piece of property to residential use.
He suggested that other areas for the Rec Camp be explored before
entering into a long term lease. Garzini recommended granting the 120
day extension during which time the administration could explore other
locations and provide an economic impact analysis of the Rec Camp and
its users.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(The resolution takes effect February 13, 1985.)
RESO/STREETS/ 3. Copies having been made available to the public,
PLANNING:Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ESTAB-
LISHING A STREET-NAMING AND NUMBERING
SYSTEM.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-10 ADOPTING A
STREET NAMING AND NUMBERING SYSTEM FOR THE CITY OF SEWARD AND THAT THE
STREET NAMES ADDRESSED IN THE P&Z MEMO BE APPROVED; THE MOTION WAS
SECONDED BY WILLIAMS.
MEEHAN MOVED TO AMEND THE STREET NAME RECOMMENDATIONS BY
CHANGING THE OLD SEWARD HIGHWAY DESIGNATION TO LEIRER AVENUE; THE MOTION
WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
PAGE 327
REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
THE QUESTION WAS CALLED ON THE MAIN MOTION AND THE MOTION
CARRIED UNANIMOUSLY.
RESO: 4. Copies having been made availab Ie to the pub lic,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS TO SHIPLIFT II SPECIAL
PROJECT ACCOUNT.
WILSON MOVED TO APPROVE RESOLUTION NO. 85-11; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (January 9, 1985, memoran-
dum from Diener recommending the transfer of funds from the MIC Claim
Contingency account to the Shiplift II account was noted.)
RESO/ELECTIONS/COM. 5. Copies having been made available to the public,
CNTR: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CALLING
FOR A SPECIAL ELECTION RELATIVE TO
THE SITING, CONCEPT AND FUTURE
FUNDING OF THE PROPOSED SENIOR/COM-
MUNITY CENTER.
HILTON MOVED TO APPROVE SUBSTITUTE RESOLUTION NO. 85-12; THE
MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
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CON-j2Q/ELEC. A. MEEHAN MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
DEPT / AN AGREEMENT WITH CHUGACH ELECTRIC ASSOCIATION TO AWARD A CONTRACT TO
SPEC. NEWBERY ELECTRIC FOR THE CONSTRUCTION OF THE DAVES CREEK SUBSTATION IN
PROJ: AN AMOUNT NOT-TO-EXCEED $893,000.00; THE MOTION WAS SECONDED BY HILTON.
Diener explained that control over the contract and all change
orders would rest with the City. However, the City was required to go
through CEA since the area in question was within a CEA facility.
Inspection services would be provided by Acres/Hanscomb through a
contract with EBASCO.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
CON-123: B. HILTON MOVED TO APPROVE THE AMENDMENT TO THE NOT-TO-
EXCEED AMOUNT FOR THE SERVICES OF CONSTRUCTION AND RIGGING FROM $20,000
TO $22,200; THE MOTION WAS SECONDED BY SIMUTIS.
In response to a question from Williams, Diener explained that
the $20,000 figure approved by Council earlier had been an estimate, not
a bid. The increase in cost covered the cost of providing a Low Boy to
transport the generators from the ARR dock to the Seward substation and
to unload them from the Low Boy to the existing concrete pads.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
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XII.
CITY MANAGER REPORTS:
Garzini stated that the initial Letter of Intent was due from
Chemical Bank on January 15, adding that he would probably be asking for
a special council meeting within the next week.
XII 1.
COUNCIL DISCUSSION:
business
response
WILLIAMS suggested that the City initiate an RFP for a private
to collect campground fees and keep the campgrounds clean. In
to her questions concerning the SBH proposed boardwalk
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REGULAR MEETING - JANUARY 14, 1985
VOLUME 20
development, Garzini stated that the guidelines approved by Council some
time ago would be brought to Council at the next meeting for review.
WILLIAMS also volunteered to be the liaison between Council
and the Planning Commission.
MEEHAN requested an update on the status of the new electric
generators. Diener noted that the new generators should be on line in
early February.
HILTON Concurred with WILLIAMS, stating that the campground
fees needed to be reinstated.
CRIPPS asked that the City consider funding the cost of
providing a translator between Mile 34 and Seward to provide radio
contact between the ambulance and Seward General Hospital during emer-
gency situations. Garzini agreed to provide the $60 initial cost plus
$20/month ongoing fee.
CRIPPS further stated that the destiny of Seward was being
determined by too many people outside of Seward. He requested that the
administration prepare a resolution requesting the transfer of all
Alaska Railroad property located within the City to the City.
XIV. CITIZENS' DISCUSSION:
BOB VALDATTA, Seward, appeared before the Council and spoke on
several issues including the fact that Seward has two fully equipped
fireboats in the Harbor. Valdatta also suggested that work camps might
be a solution to the State's overcrowded prisons.
WALTER CHRISTOLEAR, Seward, appeared before the Council and
stated that $350,000 was more insurance than needed for a limousine
service.
AL LAKEY, Seward Electric Utility employee, appeared before
Council and asked if each of the members had been given a copy of the
employee petition presented to Garzini earlier that day. The Mayor
stated that the petitions had been distributed to the Council just prior
to the meeting.
JONATHAN SEWALL, Dimond Blvd., Seward, appeared before the
Council and spoke in support of Scholl's proposal that the Council
support the Mental Health Association's efforts to regain control of the
Mental Health Lands.
XV. ADJOURNMENT:
The meeting was adjourned at 10:05 p.m. and, after a short
recess, the Council reconvened in executive session to discuss a person-
nel matter.
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Donald W. Cripps
Mayor
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PAGE 32q
REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
I.
CALL TO ORDER:
The January 28, 1985, regular meeting of the Seward City
Council was called to order at 7:32 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Meehan,
Simutis, Williams and Wilson (Councilmember
Gillespie was absent with Council consent)
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPECIAL ITEM:
Cripps introduced Junior Councilmember Joe Puckett and pre-
sented him with a City pin.
IV. APPROVAL OF MINUTES:
MEEHAN MOVED TO APPROVE THE JANUARY 14, 1985, MINUTES AS
WRITTEN; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Garzini requested that consent calendar item No. 2 (proposed
Resolution No. 85-14) be moved to item No. IX(C) (4) on the regular
meeting agenda. He further requested that agenda item No. XI(B) [Park
Service lease proposals] be deleted. Garzini also asked that the
following additions be made to the agenda: (1) Item No. VIII (D)
Sharon Anderson and Harry Gieseler asking Council support of their
efforts to have Seward designated honorary home port for the nuclear
submarine, Alaska; (2) Item No. IX(C) (5) -- Proposed Resolution No.
85-19, supporting the request of Anderson and Gieseler; and (3) Item No.
XI (F) -- Approval of a bond purchase contract for the issuance of $2
Million additional IDB's for Seaway Express Corporation.
HIL TON MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/GRANTS:
Resolution No. 85-13, appropriating $75,000 State Grant
money to Proj ect Account No. 289 for procurement of a
marine emergency vessel, was approved and filed;
1.
2. Moved to Agenda Item No. IX(C)(4);
RESO/GRAIN 3.
Resolution No. 85-15, supporting the completion of the
Seward Grain Terminal project was approved and filed;
BUDGET/LOCAL ORG: 4.
Request for funding for the 1985 Summer Beautification
Project from the Seward Federated Women's Club was
approved for payment and filed;
FINANCE:
5.
January 7, 1985, Finance Department I s list of accounts
payable totalling $1,023,462,16, was approved for payment
and filed;
LEASE fl4C :
6.
of the lease of Lot 6, Block L, Marina
from Howard Johnson to Michael C. Norman,
and filed;
Reassignment
Subdivision,
was approved
ABCB:
7.
Applications for renewal of liquor licenses as filed by
Latitude 60, Pioneer Bar, Pioneer Liquor Store, American
Legion Club Post #5, Tony's Bar and Tony's Liquor Store,
were filed without objection;
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REGULAR MEETING - JANUARY 2S, 1985
VOLUME 20
ABCB:
8. Application for renewal of liquor license as filed by
Thorne's Showcase Lounge was contested until all taxes
are current;
ABCB:
9. Applications for permits for games of chance and skill as
filed by Seward Women's Bowling Association, Sacred Heart
Parish, Seward Rebekah Lodge No. 6A, and Seward Life
Action Council, were filed without objection; and
P&Z/OTS:
10. Appeal from action of the Planning and Zoning Commission
denying variances for a structure located at Lot 33,
Block 23, Original Townsite of Seward, as filed by Dennis
and Shirley Bodine, was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
TV: A. DAN MCGOUGH, representing Alyeska Cable Company, appeared
before the Council and stated that his company was submitting a request
to the Public Utilities Commission to allow them to bring cable tele-
vision to Seward. He briefly outlined the services ACC proposed to
offer Seward customers.
LOWELL PT: B. PENNY HARDY, SHERRIE MILLER, and PAUL PAQUETTE, Lowell
Point Road residents, appeared before Council and asked that the City
participate in the upgrade and maintenance of Lowell Point Road. They
each stated that they felt the City should be responsible for mainte-
nance of the road from Railway Avenue to the Sewage Treatment Plant.
Garzini noted that the "road" was not a dedicated roadway and was not
the property of the City of Seward. He further stated that the cost of
upgrade would cost the City the equivalent of 3 years' taxable income of
the City. He added, however, that the City would be willing to help out
if the Borough would fund a portion of the cost. Cripps noted that KPB
Assembly Representative Sewall was researching the Borough's position.
Garzini stated that the City would do some research of its own regarding
the issues raised.
IBEW:
C. JIM FOWLER, IBEW state organizer, appeared before the
Council and asked that the Council recognize the petition presented by
IBEW. He stated that SO% of the City employees had requested that IBEW
represent them as bargaining agent.
AL LAKEY, City electrical employee, asked why City management
was opposed to collective bargaining for the employees. Cripps stated
that the Council had met with employees (at the employees' request) and
that nothing had been presented to him showing that a majority of the
employees wanted union representation. Wilson and Meehan expressed
their disappointment that the union issue was being presented after what
they had considered a productive meeting with City employees. Hilton
added that he failed to see how job security could be an issue (as
contended by Fowler) since there had been no employee layoffs in more
than 10 years and the present Personnel Code had stood for six years.
D. SHARON ANDERSON and HARRY GIESELER, appeared before the
Council and requested its support in having Seward named honorary home
port for the nuclear submarine, USS ALASKA.
RECESS: The meeting was recessed at 8:02 p.m.; reconvened at 8:15 p.m.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
I
I
I
PAGE 331
REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
B. Ordinances for Public Hearing and Enactment:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, MODIFYING
THE PERSONNEL CODE WITH RESPECT TO
HIRING RANGES, STEP INCREASES AND
PAYMENT OF OVERTIME.
Public hearing as posted and published by law was opened; no
one appeared from the audience in order to be heard and the public
hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 531; THE MOTION WAS
SECONDED BY SIMUTIS.
Wilson stated that it was premature to act on this ordinance
until there was more discussion with the employees; Meehan concurred.
MEEHAN MOVED TO TABLE ACTION AND FURTHER DISCUSSION UNTIL
FEBRUARY 25, 1985; THE MOTION WAS SECONDED BY HILTON AND CARRIED WITH
FIVE YES VOTES AND WILSON VOTING NO.
ORD/ANlMAL CONTROL: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 4 OF THE CITY CODE RELATIVE
TO ANIMAL CONTROL.
Public hearing as posted and published by law was noted and
the public hearing was opened; no one appeared from the audience in
order to be heard and the public hearing was closed.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 532; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (Ordinance No. 532, which
broadened the scope of the chapter to cover all animals--not just dogs--
was to take effect in 10 days.)
C. Resolutions:
RESO/BONDS: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE ISSUANCE AND SALE OF ITS
INDUSTRIAL DEVELOPMENT BONDS, SERIES
1985 (SEAWAY EXPRESS CORPORATION
PROJECT) IN THE AGGREGATE PRINCIPAL
AMOUNT OF $10,000,000; APPROVING THE
DOCUMENTATION IN CONNECTION WITH THE
ISSUANCE AND SALE OF SAID BONDS;
AUTHORIZING THE EXECUTION AND DELIV-
ERY OF SAID BONDS; APPOINTING A
TRUSTEE; AND PROVIDING FOR OTHER
MATTERS RELATING THERETO.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-16; THE MOTION WAS
SECONDED BY SIMUTIS.
John Messenger of Preston Thorgrimson and Don Grimes of First
Southwest Company briefly updated the Council on the status of the
proposed bond sale. Messenger noted that later in the meeting the
Council would be asked to approve the issuance of an additional $2
Million in IDB's for this project contingent upon the holding of another
TEFRA hearing and the approval of the proper resolution. He also asked
!
r- ,-. _
.)~)~
PAGE 332
REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
that the resolution be amended by adding $9.8 Million to Section 4.
(Agreed to by the maker and second)
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
RESO/PURCHASING/HARBOR: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE PURCHASE OF OUTBOARD ENGINES
WITHOUT FULL UTILIZATION OF THE BID
PROCEDURES SET FORTH IN SECTION 10-S
OF THE CITY CODE.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-17; THE MOTION WAS
SECONDED BY HILTON. (Garzini noted the January 10, 1985, memorandum
from Harbormaster Foster Singleton recommending that Council purchase
the outboard motors from Alaska Mining and Diving, the company quoting
the lowest cost for the specified motors.)
Following discussion concerning the merits of a local bidder preference
ordinance, THE QUESTION WAS CALLED AND THE MOTION FAILED WITH WILSON
CASTING THE ONLY YES VOTE. (The administration was instructed to bid
the purchase of the outboard motors following City code provisions.)
RESO/ELECTIONS: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, SUGGEST-
ING WORDING CHANGES TO THE BALLOT
PROPOSITIONS RELATIVE TO THE COMMUNI-
TY CENTER SPECIAL ELECTION.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-18; THE MOTION WAS
SECONDED BY SIMUTIS.
Cripps noted that this resolution had been drafted at the
request of the Senior Citizens who were dissatisfied with the wording
proposed by the City administration. In response to questioning,
Arvidson stated that the only way to accomplish the suggested wording
changes would be to cancel the election scheduled for February 5 and to
call another.
THE QUESTION WAS CALLED AND THE MOTION WAS DEFEATED UNANIMOUS-
LY.
4. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REQUEST-
ING THE TRANSFER OF REAL PROPERTY
FROM THE ALASKA RAILROAD TO THE CITY
OF SEWARD.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-14; THE MOTION WAS
SECONDED BY MEEHAN.
Garzini noted that he had met with Frank Turpin, ARR, and had
presented him a history of the City's frustrations in trying to deal
with the railroad. He suggested that the Council wait 30 days before
acting on this resolution.
HILTON MOVED TO TABLE ACTION ON THIS PROPOSED RESOLUTION UNTIL
THE MARCH 11, 1985, REGULAR MEETING; THE MOTION WAS SECONDED BY SIMUTIS
AND CARRIED UNANIMOUSLY.
5.
distributed to the
resolution entitled:
Copies having been made available to the public and
Council, Cripps noted by title only a proposed
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REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
RESO/PORT:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REQUEST-
ING THAT THE CITY OF SEWARD BE
GRANTED STATUS AS HONORARY HOME PORT
OF THE USS ALASKA.
SECONDED
Anderson
HILTON MOVED TO APPROVE RESOLUTION NO. 85-19; THE MOTION WAS
BY SIMUTIS AND CARRIED UNANIMOUSLY. (Williams commended
and Gieseler for their efforts in this direction.)
I
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CIP: A. HILTON MOVED TO AMEND THE CITY'S CAPITAL IMPROVEMENTS
PROJECTS LIST AS RECOMMENDED BY ENGINEERING & UTILITIES MANAGER PAUL
DIENER; THE MOTION WAS SECONDED BY MEEHAN. (Garzini noted Diener's
January 22, 1985, memorandum recommending that the Swetmann Drive School
Access and the new ambulance be deleted from the priority list and that
funding for AVTEC dormitories be inserted as item No.6.)
Garzini explained that AVTEC' s request for funding had been
deleted from the State budget because it did not appear on the City's
priority list. The Council concurred that while it wanted to support
AVTEC's expansion, it would like to know the school's long range plans
for the Seward area. Williams objected to being locked into the loca-
tion proposed by AVTEC. MEEHAN MOVED TO AMEND ITEM NO. 6 ON THE PRIORI-
TY LIST BY DELETING "ACROSS FOURTH AVENUE FROM" AND INSERTING IN ITS
PLACE "FOR"; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND CARRIED UNANI-
MOUSLY.
I
B.
Deleted.
LAUBNER ADDN: C. MEEHAN MOVED TO GRANT COUNCIL CONSENT FOR THE PROPOSED
RIGHT-OF-WAY VACATION OF THE ROW BETWEEN LOTS 3-8 AND LOTS 33-38, BLOCK
11, LAUBNER ADDITION, AS REQUESTED BY REAL DAIGLE AND GERALD BRISKE AND
THAT THE COUNCIL AUTHORIZE THE CITY MANAGER TO NEGOTIATE DISPOSAL OF THE
CITY'S ROW TO DAIGLE AND BRISKE IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE VIII OF THE CITY CODE; THE MOTION WAS SECONDED BY HILTON AND
CARRIED UNANIMOUSLY. (Garzini noted January 24, 1985, memorandum from
Deputy City Manager Schaefermeyer recommending this course of action.)
CON-116:
D. HILTON MOVED TO APPROVE CHANGE ORDER NO. 2 TO THE KUMIN
ASSOCIATES, INC., CONTRACT FOR COMMUNITY CENTER DESIGN IN THE AMOUNT OF
$17,920; THE MOTION WAS SECONDED BY WILSON AND CARRIED UNANIMOUSLY.
(Garzini noted January 23, 1985, memorandum from Diener recommending
approval of the change order and explaining that Kumin had been directed
to perform additional work following the January 7, 1985, community
center work session.
CON-12S :
E. HILTON MOVED TO AWARD A CONTRACT TO J. W. SARIN FOR THE
DESIGN OF A MARINE EMERGENCY VESSEL IN AN AMOUNT NOT TO EXCEED $6500;
THE MOTION WAS SECONDED BY MEEHAN. (Garzini noted January 22, 1985,
memorandum from Fire Chief John Gage recommending approval.)
I
In response to a question from Meehan, Garzini explained that
Anderson Tug and Barge could not be used since the tug is not always in
port. Additionally, the tug is slow and has a slow "start up" time.
Simutis asked why the vessel could not be purchased "off the shelf";
Gage explained that a standard vessel would not be suitable for our
weather or proposed uses.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
BONDS:
F. HILTON MOVED TO APPROVE THE BOND PURCHASE CONTRACT, DATED
JANUARY 28, 1985, FOR THE SERIES 1985B BONDS FULLY CONDITIONED UPON THE
HOLDING OF A PUBLIC HEARING AND ANY NECESSARY RESOLUTIONS ON THE
':;":'1
v V"..:
PAGE 334
REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
ISSUANCE OF THE SERIES 1985B BONDS; AND THAT THE CITY MANAGER AND THE
CITY CLERK BE AUTHORIZED ON THE TERMS AND CONDITIONS STATED IN THIS
MOTION; THE MOTION WAS SECONDED BY MEEHAN AND UNANIMOUSLY CARRIED.
XII. CITY MANAGER REPORTS:
Garzini stated that the Chemical Bank report on MIC marketing
would be available the week of February 4.
XIII.
COUNCIL DISCUSSION:
WILLIAMS asked the City Manager to look into a local bidder
preference ordinance.
WILSON suggested that the administration have the sound system
checked out.
SIMUTIS asked if Council could consider the resolution submit-
ted by John Woodruff relative to the sablefish industry. Cripps stated
that the resolution would be placed on the next meeting agenda for
action and that a letter would be sent as requested by Woodruff stating
Council's intention. Simutis also asked Kerry Martin to supply the
Council with a list of historical names.
XIV. CITIZENS' DISCUSSION:
W. C. CASEY, 702 Third Avenue, asked Council to allow the
employees to hold an election relative to union representation.
REX DAVIS, 526 Second Avenue, asked that the Council consider
opting back into PERA so that the State could hold a consent election
relative to the IBEW petition.
BOB VALDATTA, Seward, questioned the wisdom of issuing an
additional $2 Million in IDB's for Seaway at a time when the company has
so many outstanding bills with local merchants and businessmen.
SHELLY KNOPIK, Dairy Hill, requested Council support in the
employees' bid to hold a consent election.
MARILYN REYNOLDS, Lowell Canyon Road, stated that the employ-
ees seemed to be "jumping into the union" without enough thought.
JUDI ANDRIJANOFF, Fifth and Adams, stated that she had come
away from the employee/Council meeting with good feelings and felt that
it was unfortunate that the union representative was present at to-
night's meeting. '
JIM FOWLER, Anchorage, stated that the purpose of the IBEW
petition was to allow the employees to hold an election that would give
them the right to bargain collectively.
AL LAKEY, Bear Creek Road, City employee, asked that Council
hold the next 4-5 meetings in larger quarters so that there would be
room for all to be seated.
REX DAVIS appeared before Council once again and stated that
the employees wanted the security of a contract.
BOB VAL DATTA suggested that the City get involved in the
Resource Development Council's plans to visit China.
TOM COFFEY, 612 Third Avenue, asked Council to seriously
consider holding the next meeting in a larger room. He added that Local
341 was in support of collective bargaining for City employees.
XV. ADJOURNMENT:
The meeting was adjourned at 11:15 p.m.
PAGE 335
REGULAR MEETING - JANUARY 28, 1985
VOLUME 20
I
~~
Donald W. Cripps -
Mayor
(City S~al)
. "
.~~
..
. , ,
---~------~-----~--~-------------------------------------------------
P\}~~l.: J ...:.!~S$>ECIAL MEETING - FEBRUARY 4, 1985 VOLUME 20
1. . </~:-~ -c.A~\.\:q;}6RDER:
,. '-0;"'~__;JJ.
The February 4, 1985, special meeting of the Seward City
Council was called to order at 7:00 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Wilson led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were:
Mayor Cripps and Councilmembers
Simutis, Williams and Wilson
absent with Council consent)
Hilton, Meehan,
(Gillespie was
Present also: City Manager Garzini, Deputy City
Schaefermeyer and City Clerk Murphy
Manager
IV. SPECIAL ITEM:
I
A. MEEHAN MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY
FOLLOWING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS A PERSONNEL
MATTER; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
V.
ADJOURNMENT:
The meeting was adjourned at 7:02 p.m. and the Council immedi-
ately went into executive session to discuss a personnel matter.
~ &e.~
Donald W. Cripps
Mayor
P
AL MEETING - FEBRUARY 6, 1985
VOLUME 20
Council
1985, special meeting of the Seward City
at 4:00 p.m. by Mayor Donald W. Cripps.
I
II.
OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Meehan,
and Williams (Councilmembers Gillespie,
Simutis and Wilson were absent with Council
consent)
Present also: City Clerk Murphy and Deputy City Clerk Audette
"'''''''
0",).)0
PAGE 336
SPECIAL MEETING - FEBRUARY 6, 1985
VOLUME 20
IV. SPECIAL ITEM:
ELECTIONS/COM A. The City Clerk distributed a tally of the unofficial
CNTR: results of the February 5, 1985, special election. Murphy noted that a
total of 381 ballots had been cast at the polls. Three-hundred seventy-
five ballots had been counted by the election boards; the remaining 6
ballots were questioned ballots to be considered by the Canvass Board.
Murphy also displayed the tally sheets and the lists of those requesting
and receiving absentee ballots prior to the election.
Murphy distributed a list bearing the names of the 21 electors
who had requested absentee ballots. She noted that all had been re-
ceived in time to be considered by the Canvass Board. Of these 21
ballots, she recommended that the ballots of Elsie Beresford and Edna M.
Weir be rejected. Beresford's name did not appear on the official
register of qualified voters and Weir's absentee ballot envelope did not
contain the proper attestations as required by law. Murphy further
recommended that the Canvass Board count the remaining 19 ballots as
cast by the following voters:
Precinct No. 1
Precinct No. 2
BITHER-TERRY, Gregg R.
BUDD, Lee
DEGLEE, Patricia
EPTON, Kathryn
GRISWOLD, Carol
KANSTEINER, Mark
LINVILLE, Robert E.
OHMER, James L.
PECK, George
PRINGLE, James
STOLTZ, Sigrun
WANG, Hadley
WASSILIE, Sandra P.
WEBSTER, Lori L.
WEST, Sylvia
WOODRUFF, John P.
DUNHAM, Beverly
DUNHAM, Willard
SCHOLL, Dennis M.
HILTON MOVED TO ACCEPT THE CLERK'S RECOMMENDATION TO COUNT THE
19 ABSENTEE BALLOTS; THE MOTION WAS SECONDED BY WILLIAMS AND UNANIMOUSLY
CARRIED.
Murphy distributed the list of persons casting questioned
ballots on election day. she stated that 2 of the questioned ballots
had been cast by voters moving from one precinct to another within the
City and 1 ballot had been cast by a voter whose name had been deleted
from the official voter register inadvertently. The remaining 3 ballots
had been cast by voters not living in or registered within the City of
Seward. Therefore, she recommended that the ballots as cast by DAVID C.
CARRIER, BARBARA D. SUMSTAD (both voting in Precinct No.1) and SUSAN M.
KAANTA (voting in Precinct No.2) be rejected by the Canvass Board. She
further recommended that the ballots cast by the following individuals
be opened and counted by the Board:
Precinct No. 2
GRAVES, Linda A.
HOM, Dale
HUDAK, George
WILLIAMS MOVED TO ACCEPT THE CLERK'S RECOMMENDATION TO COUNT
THE 3 QUESTIONED BALLOTS; THE MOTION WAS SECONDED BY MEEHAN AND UNANI-
MOUSLY CARRIED.
The absentee and questioned ballots were removed from their
outer envelopes and shuffled by Cripps. The approved ballots were
removed from their blank white envelopes by Cripps and read aloud by
Williams with Hilton and Meehan conducting the tally. The totals of the
absentee and questioned ballots counted were added to the totals of
("' f"'-,'''--r
PAGE 337
SPECIAL MEETING - FEBRUARY 6, 1985
VOLUME 20
those ballots cast and counted on February 5, 1985. Murphy read the
results of the combined totals as follows:
PRECINCT
NO. 1
PRECINCT
NO. 2
ABSENTEE/
QUESTIONED
TOTALS
I
PROPOSITION NO. 1
(Shall the Com./
Sen. Center be lo-
cated on Tracts 5
and 6, Waterfront
Tracts?)
YES
** NO
80
176
43
76
10
12
133
264
PROPOSITION NO. 2
(Do you approve
the concept of a
Com.Ctr. contng.
a Sen.Ctr., Day
Care Fac. and Com.
Mtg. areas?)
** YES 182
NO 74
87
30
21
1
290
105
PROPOSITION NO. 3
(Would you be will-
ing to fund a portn
of the cost of const.
of the Center through
GO bonding?)
** YES 141
NO 114
79
39
13
9
233
162
119
21/6
19/3
402
I
TOTAL VOTES CAST: 258
123
TOTAL VOTES COUNTED: 256
397
Murphy stated that any 10 qualified voters could protest the
election by filing a written complaint with the City Clerk prior to 5:00
p.m., Monday, February 11, 1985. If no such protest is filed, the City
Council, at its regular meeting of February 11, 1985, will certify the
election as valid and declare the official results thereof.
v.
ADJOURNMENT:
The meeting was adjourned at 4:20 p.m.
I
~)ih-
Donald W. Cripps
Mayor
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PAGE 338
I.
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
CALL TO ORDER:
The February 11,
Council was called to order
by Mayor Donald W. Cripps.
1985, regular meeting of the Seward City
at the Seward School Auditorium at 7:30 p.m.
II. OPENING CEREMONY:
Council member Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
SPECIAL ITEMS:
Present were:
Hilton, Meehan,
(Gillespie was
Mayor Cripps and Councilmembers
Simutis, Williams and Wilson
absent with Council consent)
Present also: City Manager Garzini, Deputy City Manager Sch-
aefermeyer, City Attorney Gantz and Deputy City
Clerk Audette
A. Cripps introduced Junior Councilmember Mary Spadero and
presented her with a City pin.
IV. APPROVAL OF MINUTES:
V.
None
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Garzini requested a February 8, 1985, memorandum from E.P.
Diener, Engineering/Utilities Manager, recommending authorization to
proceed with payment for additional properties along the transmission
line, be added to the Consent Calendar.
HILTON MOVED TO AMEND THE REGULAR MEETING AGENDA TO INCLUDE
THE FOLLOWING ADDITIONS TO SECTION X, UNFINISHED BUSINESS:
A. Remove from the table proposed Ordinance No. 531 regard-
ing Personnel Code changes, also known as the Salik
Study;
B. Decision from Council in regard to the I.B.E.W. Petition
to represent City employees as their bargaining unit;
AND APPROVE IT AS AMENDED AND TO APPROVE THE CONSENT CALENDAR AS AMEND-
ED; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. The
following actions were taken:
RESO/FISHING
FINANCE
FINANCE
FINANCE
ABCB
GAMES C & S
LEASE ~
1.
Resolution No. 85-20, requesting the sablefish fishery in
the Gulf of Alaska be designated a long line-only fishery
and that it be restricted to domestic fishermen was
approved and filed;
2.
December 1984, invoice from HTGP&B for legal services
totalling $16,829.61, was approved for payment and filed;
3.
January 24, 1985, invoice from Erwin, Smith, Garnett,
Jarrell & Moderow for legal services totalling $289.27,
was approved for payment and filed;
4.
Finance Department's list of accounts payable totalling
$2,530,162.89, was approved for payment and filed;
5.
ABCB application for renewal of liquor license as filed
by Dreamland Bowl was filed without objection;
6.
Applications for permits for games of chance and skill as
filed by Gateway Children's Center, American Legion
Seward Post #5, Seward High School, and Seward Chamber of
Commerce, were filed without objection;
7.
An assignment of leasehold interest in a Portion of Tract
A, North Harbor Subdivision, (Lessee, James Pruitt) to
First National Bank of Anchorage, was approved and filed.
I
I
I
PAGE 339
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the January 15, 1985, assembly meeting.
VII. PUBLIC HEARINGS:
LEASE 45 / A. Notice of public hearing as posted and published by law
OCEAN- relative to the proposed long-term lease of a portion of Block 6,
VIEW Oceanview Subdivision (1216 Fourth Avenue, between the Harbormaster' s
SUB. Building and the boat launch ramp) to the USDI Park Service, Kenai
Fjords National Park for a visitor center and headquarters building was
noted and the public hearing was opened.
OSCAR WATSJOLD, Second Avenue and Madison Avenue, Seward, appeared
before Council and asked for an explanation of the proposed lease.
Administrative Assistant Martin, explained that the Park Service had
lost its present building lease as of May 1, 1985, and an investigation
revealed no other suitable sites within or around the harbor area (the
logical location for an office for the Kenai Fjords National Park was
determined to be near the harbor as it was marine oriented). The Park
Service would construct the visitor center and headquarters building,
detached public restrooms and related water/sewer installation (plans to
approved by the City and be consistent with the approved Boardwalk
Concept); cost to be applied to its lease payments. The main building
would provide space for the Seward Salmon Derby food booth.
Watsjold expressed his opinion that the proposed area was too small;
that there was no room for expansion. He stated that the money spent on
a building for the food booth was being thrown away. (Martin explained
that the food booth was built on skids with the idea that it could be
moved and used in other locations and for other purposes.) Watsjold
also stated that the Elk's Club had previously been denied a location
near that area and a waterfront location had been defeated in the last
special election for the proposed community center; that the City should
not try to build on the waterfront.
ROBERT VALDETTA, Seward, appeared before Council and asked if the Seward
Advisory Planning and Zoning Commission (p & Z) had been consulted about
the proposed lease. Martin explained that the Council and P & Z had had
several public hearings regarding the Small Boat Harbor Master Plan,
which had been approved by both bodies, and that the proposed use was
consistent with the Master Plan and had not, therefore, gone to P & Z.
Garzini noted that the food booth had been built from harbor funds and
that it was used, excluding the Salmon Derby event, to house a steamer
truck; that that use was not prudent on the waterfront.
No one else appeared in order to be heard and the public hearing was
closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Shelly Knopik appeared from the audience and requested
that this agenda item be postponed until such time as Al Lakey could
become available (he was working on an electric transformer). Jim
Fowler had been detained in Kodiak due to poor flying weather
conditions.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/TAXIcAB 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING CHAPTER
20 OF THE SEWARD CITY CODE RELATIVE TO
VEHICLES FOR HIRE BY EXEMPTING VEHICLES
REGULATED BY THE STATE
" /' -
,)"t I I
PAGE 340
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
SECONDED
scheduled
MEEHAN MOVED TO INTRODUCE
BY WILSON AND CARRIED
for February 25, 1985.
PROPOSED ORDINANCE NO. 533; IT WAS
UNANIMOUSLY. Public hearing was
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
RESO/COM CTR 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH
HARDING-LAWSON ENGINEERS FOR RESEARCH AND
DRILLING AT THE PREFERRED SITE OF THE
PROPOSED COMMUNITY CENTER
HILTON MOVED TO APPROVE RESOLUTION NO. 84-21, IT WAS SECONDED BY SIMUTIS
AND CARRIED UNANIMOUSLY. (Garzini noted a February 5, 1985, memorandum
from E.P. Diener, Utilities/Engineering Manager, which explained the
need for the test drilling.)
RESO/LEASE 55
OcEAN- Cripps noted
VIEW
SUB
2. Copies having been made available to the public,
by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AUTHORIZING A
LONG-TERM LEASE WITH THE NATIONAL PARK
SERVICE FOR AN UNPLATTED PORTION OF BLOCK
6, OCEANVIEW SUBDIVISION; AND, A
SHORT-TERM LEASE AT LESS THAN FAIR MARKET
VALUE FOR THE OLD BOAT DISPATCH BUILDING
Following a short discussion, IT WAS MOVED BY MEEHAN, SECONDED BY HILTON
AND UNANIMOUSLY CARRIED TO AMEND PROPOSED RESOLUTION NO. 85-22, BY
INCLUDING THE SHORT-TERM LEASE BUT EXCLUDING THE LONG-TERM LEASE UNTIL
ANOTHER PUBLIC HEARING COULD BE HELD. IT WAS THEN MOVED BY SIMUTIS,
SECONDED BY HILTON AND UNANIMOUSLY CARRIED TO APPROVE RESOLUTION NO.
85-22, AS AMENDED. The public hearing was set for February 25, 1985.
(February 7, 1985, memorandum from Martin, recommending the two leases,
was included in the Council packets.)
X. UNFINISHED BUSINESS:
ORD /PERSONNEL A. Hilton stated that he requested proposed Ordinance No.
531 (which reads as follows) to be removed from the table because he
could not support it as written:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, MODIFYING THE
PERSONNEL CODE WITH RESPECT TO HIRING
RANGES, STEP INCREASES AND PAYMENT OF
OVERTIME.
HILTON MOVED TO APPROVED ORDINANCE NO. 531; THE MOTION WAS SECONDED BY
MEEHAN AND WAS UNANIMOUSLY DEFEATED.
IBEW B. Cripps and Hilton commented that accepting the I.B.E.W.
petition to act as bargaining agents for the employees of the City of
Seward would not be in the best interest of the employees; that the
current personnel code had worked for six years. Cripps noted that
nonacceptance of the petition did not negate further action.
HILTON MOVED TO ACCEPT THE I.B.E.W. PETITION TO ACT AS THE CITY EMPLOYEE
BARGAINING UNIT; THE MOTION WAS SECONDED BY MEEHAN AND WAS UNANIMOUSLY
DEFEATED.
XI. NEW BUSINESS:
I
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PAGE 341
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
ELECTIONS A. IT WAS MOVED BY MEEHAN TO CERTIFY THE FEBRUARY 5, 1985,
SPECIAL ELECTION AND DECLARE THE RESULTS LISTED IN THE FEBRUARY 7, 1985,
MEMORANDUM FROM CITY CLERK MURPHY, AS OFFICIAL; THE MOTION WAS SECONDED
BY WILSON AND UNANIMOUSLY CARRIED.
CLAIMS
B. WILSON MOVED TO APPROVE THE $100 CLAIM FOR DAMAGES ON A
TELEVISION SET AS FILED BY CARL NORMAN; THE MOTION WAS SECONDED BY
WILLIAMS.
Garzini noted a February 7, 1985, memorandum from Diener recommending a
denial of the claim based on Seward City Code, Art. IV, Section 22-79,
which reads as follows: "The City is not liable for any injury, loss or
damage resulting in any way from the supply or use of electricity or
from the presence or operation of the City's structures, equipment,
wires, conduit, appliances of devices on the customer's premises, unless
such injury, loss or damage results from the sole negligence of the
City." Diener explained in the memorandum there is a possibility of
power fluctuations in the electric system which could cause damage to
electric equipment but there is no action which the City could take to
prevent these fluctuations.
THE QUESTION WAS CALLED AND THE MOTION WAS UNANIMOUSLY DEFEATED.
CLAIMS C. MEEHAN MOVED TO APPROVE THE $731.75 CLAIM FOR DAMAGES TO
A VEHICLE AS FILED BY LOIS DAUBNEY; THE MOTION WAS SECONDED BY WILLIAMS.
Garzini noted a February 7, 1985, memorandum from City Clerk Murphy
which explains that the parked vehicle owned by Daubney was struck by a
City employee driving a City-owned vehicle.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
CON-127 D. SIMUTIS MOVED TO AUTHORIZE THE CITY ADMINISTRATION TO
ENTER INTO A CONTRACT WITH NEWBERY ALASKA FOR THE CONSTRUCTION OF THE
LAWING SUBSTATION IN AN AMOUNT NOT-TO-EXCEED $440,660.53; THE MOTION WAS
SECONDED BY HILTON. (February 5, 1985, memorandum from Diener recom-
mending the Lawing Substation construction contract be awarded to
Newbery Alaska was noted.)
In response to questioning from Meehan, Diener stated that all possible
means would be utilized to keep the contract at the figure originally
agreed upon and he hoped that no change orders would occur.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
p & Z E. February 7, 1985, memorandum from City Clerk Murphy
regarding the three vacancies on the Seward Advisory Planning and Zoning
Commission (p & Z) was noted. Applications had been received from Carol
Griswold, Brad Snowden, Sandra Wassilie, Margaret Branson and Donald
Sutherland. The Council, by secret ballot, reappointed Margaret Branson
to the vacant two-year seat; and, reappointed Sandra Wassilie and Donald
Sutherland to the three-year seats.
NOTE: The meeting was recessed at 8:25 p.m. and reconvened at 8:37 p.m.
VIII. CITIZENS' DISCUSSION: (With prior notice only)
(This item was called back to the floor as Al Lakey had
arrived at the meeting.)
A. C. ALVIN LAKEY, I.B.E.W. City Electric employee, appeared
before Council, and stated that the Electrical crew and the City Manager
were covered under agreements and that the rest of the City employees
should have the right to be also. Lakey stated that the union could not
guarantee any particular benefits or wages, but at least an agreement
would stand for its life and would not be subject to the whim of a new
Councilor Administration.
XII. CITY MANAGER REPORTS:
~L; 0
f....:. ~Ll
PAGE 342
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
Garzini presented a brief history of the City land leases
where the Army/Air Force recreation camps are located and outlined what
has been proposed for new lease agreements. Following a brief dis-
cussion, the consensus of the Council was that a fair market value rate
should be charged. Garzini suggested that Council representatives meet
with Martin during the lease negotiations.
XII 1.
COUNCIL DISCUSSION:
SIMUTIS asked for an update on, the Community Center site
location search. Garzini stated that Kumin and Associates, the firm
contracted to do a site study, would continue to search for a location.
In response to a question from SIMUTIS, CRIPPS stated that his
conference in Juneau revealed that the word from t1:le legislature was
"Don't look for big dollars this year." due to federal aid being cur-
tailed to states and the State oil revenues dwindling.."
Garzini reported to SIMUTIS that representatives from Chemical
Bank would be in Seward February 25, 1985, and that they would present
to Council a draft proposal for Phase II to market the Marine Industrial
Center.
HILTON expressed his disappointment that Jim Fowler had been
unable to attend the meeting as he had several questions for him regard-
ing the I.B.E.W. union.
MEEHAN suggested and the Council concurred that the next
regular Council meeting be rescheduled to the City Council Chambers in
City Hall.
XIV. CITIZENS' DISCUSSION:
C. ALVIN LAKEY, City I.B.E.W. electric employee, appeared
before Council and stated that I.B.E.W. offered City employees the
security of a contract which would be mutually agreed upon by both
parties (City Council and City employees). In response to questioning
from Hilton, Lakey stated that benefits and the cost of those benefits
were negotiable.
STANLEY LEMAS, Seward resident, appeared before Council and
stated that the question of opting back into the Public Employees
Relations Act (PERA) should be put on the ballot; that there were quite
of few government employees in Seward; and that the outcome of a vote
might surprise the Council.
JAMES ROSE, appeared before Council and stated that the
question of opting back into PERA should be put on a ballot.
ROBERT VALDETTA, appeared before Council and stated that the
twelve acres where the Army/Air Force recreation camps are located is
prime property and should not be leased at less than fair market value.
Valdetta also thought that the Council and Administration had not done
enough preliminary research into marketing the Marine Industrial Center
and that he knew a firm in Washington who has offered to put a package
together for the Center. Valdetta expressed his opinion that the
Council should be recalled.
PAUL PAQUETTE, Lowell Point, appeared before Council and asked
what the status of the Lowell Point road was. Cripps reported that
Kenai Peninsula Borough (KPB) Assembly Representative Sewall was re-
questing maintenance funds from the KPB.
MARILYN 'REYNOLDS, City employee, appeared before Council and
stated that she did not endorse unionizing the City employees; she
wondered why all the employees who were so concerned about the proposed
Personnel Code changes were not speaking out at the meeting.
JENNY AUSTIN, City employee, appeared before Council and
stated that if the City employees were represented by a Union they would
I
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PAGE 343
REGULAR MEETING - FEBRUARY 11, 1985
VOLUME 20
have more power; that by having a contract, a new Council could not
change the employee's benefits or wages.
XV. ADJOURNMENT:
The meeting was adjourned at 9:25 p.m.
~Aj~..
onal W. Cripps
Mayor
I.
Seward City
Cripps.
Council
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie,
Simutis, Williams and Wilson (Councilmembers
Hilton and Meehan were absent with Council con-
sent)
Present also: City Manager Garzini and Deputy City Clerk
Audette
IV.
ORDINANCES AND RESOLUTIONS:
RESO/SEAWAY BOND A. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE ISSUANCE AND SALE OF
AN ADDITIONAL SERIES OF ITS INDUSTRIAL DEVELOPMENT
BONDS, SERIES 1985B (SEAWAY EXPRESS CORPORATION
PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF
$12,000,000; APPROVING THE DOCUMENTATION IN
CONNECTION WITH THE ISSUANCE AND SALE OF SAID SERIES
1985B BONDS; AUTHORIZING THE EXECUTION AND DELIVERY
OF SAID SERIES 1985B BONDS; APPOINTING A TRUSTEE;
AND PROVIDING FOR OTHER MATTERS RELATING THERETO
IT WAS MOVED BY GILLESPIE AND SECONDED BY WILLIAMS TO APPROVE PROPOSED
RESOLUTION NO. 85-23. Garzini reported on the public hearing testimony
which had been accepted at the February 14, 1985, TEFRA hearing (copies
of the TEFRA minutes had been distributed to Council) regarding the
proposed additional bond issue. Following a short discussion, THE
QUESTION WAS CALLED AND THE MOTION WAS UNANIMOUSLY CARRIED TO APPROVE
RESOLUTION NO. 85-23.
V.
ADJOURNMENT:
The meeting was adjourned at 4:07 p.m.
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PAGE 344
SPECIAL MEETING - FEBRUARY 15, 1985
VOLUME 20
1.
CALL TO ORDER:
The February 15, 1985, special meeting of the Seward City
Council was called to order at 4:15 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Williams led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie,
Simutis, Williams and Wilson (Councilmembers
Hilton and Meehan were absent with Council con-
sent)
Present also: City Manager Garzini and Deputy City Clerk
Audette
IV. ORDINANCES AND RESOLUTIONS:
RESO/cON-\2~ A. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE AWARD OF A CONTRACT
FOR CLEARING OF TRANSMISSION LINE EASEMENTS WITHOUT
THE FULL UTILIZATION OF THE BID PROCEDURES SET FORTH
IN SECTION 10-8 OF THE CITY CODE
IT WAS MOVED BY SIMUTIS AND SECONDED BY WILLIAMS TO APPROVE PROPOSED
RESOLUTION NO. 85-24. February 14, 1985, memorandum from
City Utilities/Engineering Manager Diener, and,February 14, 1985, letter
from Acres Program Manager Toskey, regarding 'the award of' a contract for
additional clearing, were noted. Toskey appeared before Council and
explained that this additional clearing had not been included in the
earlier contracts because of lack of agreements with appropriate private
land owners; that the City had now reached agreements with many of these
land owners and the clearing can proceed. Toskey stated that the bid
procedures not followed on this clearing proposal were that it was
advertised for one week instead of the required two and it was
advertised only in Seward. Following a short discussion, THE QUESTION
WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO.
85-24.
V. ADJOURNMENT:
The meeting was adjourned at 4:25 p.m.
~~
Mayor
o ,A. r::
,
PAGE 345
SPECIAL MEETING - FEBRUARY 20, 1985
VOLUME 20
I.
CALL TO ORDER:
The February 20, 1985, special meeting of the Seward City
Council was called to order at 7:00 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
I
Councilmember \Ulliams led the pledge of allegiance to the
flag.
III.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Meehan,
Simutis and Williams (Councilmembers Gillespie
and Wilson were absent with Council consent.)
Present also: City Manager Garzini and Deputy City Clerk
Audette
IV. SPECIAL ITEM:
WILLIAMS MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING
ADJOURNMENT OF THE SPECIAL MEETING IN ORDER TO DISCUSS PERSONNEL
}~TTERS; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
V.
ADJOURNMENT:
The meeting was adjourned at 7:05 p.m., and immediately
reconvened in Executive Session to discuss personnel matters.
I
QJiV~
Donald W. Cripps
Mayor
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PAGE 345
REGULAR MEETING - FEBRUARY 25, 2985
VOLUME 20
I.
CALL TO ORDER:
The February 25, 1985, regular meeting of the Seward City
Council was called to order in the City Council Chambers at 7:30 p.m. by
Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Simutis led the pledge of allegiance to the
flag.
I
IlL
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Simutis, Williams and Wilson
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Arvidson and Deputy City Clerk Audette
SPECIAL ITEMS:
A. Cripps introduced Junior Councilmember Bill Withrow and
presented him with a City pin.
3-16
PAGE 346
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
IV. APPROVAL OF MINUTES:
V.
(Deleted)
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the Deputy City Manager, GILLESPIE MOVED TO
MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR
BUSINESS IN ORDER TO DISCUSS A LITIGATION MATTER; THE MOTION WAS SECOND-
ED BY WILSON AND CARRIED UNANIMOUSLY.
Cripps requested the following addition to the regular meeting
agenda, Section VIII. Citizens' Discussion:
D. Jim Fowler -- I.B.E.W.
Hilton requested the following addition to the regular meeting
agenda, Section IX. A. Ordinances for Introduction:
A. Proposed Ordinance No. 534, amending the Personnel Code
HILTON MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED
AND THE CONSENT CALENDAR; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED
AS FOLLOWS:
AYES:
NOES:
ABSTAIN:
Cripps, Hilton, Meehan, Simutis, Williams, Wilson
None
Gillespie
NOTE: Gillespie had declared a financial conflict of interest with
Consent Calendar Item No.2.
RESO/SGH
TRANS LINE
EASEMENTS
LEASE Wfi:::
LEASES 35 <i 34
ABcB
1.
Resolution No. 85-25, reappropriating funds to Seward
General Hospital for preparation of a Certificate of Need
application, was approved and filed;
2.
Payments were approved for additional easements for the
transmission line as outlined in a February 20, 1985,
memorandum from Engineering/Utilities Manager Diener and
a public hearing was set for 03/11/85 regarding the
purchase of a right-of-way which includes a house and a
portion of Lots 11 and 12, McBride Subdivision (located
at Mile 3~, Seward Highway) and memorandum was filed;
3.
February 21, 1985, letters from Administrative Assistant
Martin relative to the marine fuel dock license agree-
ments were approved for mailing and copies were filed;
4.
February 21, 1985, letters from Administrative Assistant
Martin relative to the Army and Air Force leases were
approved for mailing and copies were filed;
5. February 20, 1985, memorandum from Engineering/Utilities
Manager Diener regarding acquisition of easements versus
condemnation proceedings was noted for information and
filed;
6. February 8, 1985, Corps of Engineers Public Notice of
Application for Permit as filed by Anderson Tug & Barge
Company to retain a 6' buoy in Resurrection Bay was filed
without objection; and
7.
Applications for transfer of liquor license as filed by
Werner Investments, Inc. to Richard and Melody Jordan for
Yukon Liquor Store; and, Doris Mitchell and John Kinser
to Doris Jean Corcoran for The Wheelhouse, were filed
without objection.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly representative Jonathan
Sewall was not present.
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PAGE 347
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
VII. PUBLIC HEARINGS:
LEASE
Lf'~; A. Notice of public hearing as posted and published by law
-relative to the proposed long-term lease of Small Boat Harbor property
to the USDI National Park Service was noted and the public hearing was
opened.
WALTER CHRISTOLEAR, Brown
appeared before Council and expressed
to the Park Service.
& Hawkins Apartments, Seward,
his support of the proposed lease
No one else appeared in order to be heard and the public hearing was
closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
TAXICABS A. James Brennan, attorney representing Ivan Darbyshire,
appeared before Council. In answer to a question from Brennan, Audette
informed him that his February 19, 1985, letter to Council had been
distributed with the Council packets. Brennen stated that Council's
action, which had deregulated the taxicab permits, had adverse impacts
on Ivan Darbyshire, DBA Legion Pioneer Cab Company. He also asked
Council to reconsider the permit deregulation and perhaps institute a
system whereby permits could be auctioned. Brennen continued his
discussion listing the pros of such a system and the cons of deregulat-
ing. Cripps noted a February 25, 1985, letter to Council from City
Attorney Arvidson regarding the content of Brennen's letter and ex-
plained that Council had received copies just prior to the meeting and
they had not had a chance to review it. Cripps instructed the Deputy
Clerk to schedule the taxicab permit deregulation subject as unfinished
business on the next regular Council meeting's agenda.
B. Dennis Scholl and Lorraine McCauley, representatives of
the Senior/Community Center Advisory Committee, appeared before Council
and asked its direction in selecting preferred sites for further
in-depth study for the Center. [See Item X(A)]
TOURISM C. J. B. Bennison, Alaskan Stars Charter & Tours, appeared
before Council, distributed a brochure from his business, and stated
that his tour business was the only scheduled motor cruise to Seward.
He added that he had provided shuttle service last summer to the down-
town area of Seward for the cruise ship passengers at a cost of $2/per
person. Bennison stated that he had also hired Seward charter boats for
his tour customers. Bennison then made three requests of Council: 1)
Designate a passenger loading and unloading zone for his 45' tour bus
near the Small Boat Harbor access ramp to the floats. Bennison stated
that the average age of his tour customer was 65 years and they were not
able to walk very far. 2) Cover the access ramps to the floats with a
solid material; that the see-through metal grid on the ramp was not
suitable for street shoes and many people had a fear of heights. 3)
Lease of a 10' by 10' space on the waterfront near the Harbormaster's
Building in order to build an office for the charter and tour business.
The proposed office would be built in conformance with the Small Boat
Harbor Master Plan.
Council directed the Administration to work with Bennison on
his requests.
IBEW
D. Jim Fowler, IBEW representative, Anchorage, appeared
before Council and noted a February 21, 1985. petition which he had
distributed to Council just prior to the meeting. The petition makes
two requests of Council: 1) Certification of IBEW Local 1547 as the
exclusive bargaining representative for the City employees, but not to
include supervisors as described under the Public Employees Relations
Act (PERA). 2) Grant to the employees the right to a consent election
as described in 2AAC 10.120 of PERA. City Attorney Arvidson, in
response to questioning from Gillespie, stated that the City employees
did not require Council consent to sign a card to join a union or to
hold an election; this was a right guaranteed to all American citizens.
Arvidson continued by explaining that the question of Council
recognizing that election and the IBEW as the exclusive bargaining
r~ ~ -,
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PAGE 348
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
representative for the employees was a separate issue. Hilton reminded
Council that a petition from IBEW to have that union act as bargaining
agents for the employees had been rej ected at the February 11, 1985,
regular Council meeting. Gillespie stated that he did not have a
problem with the employees holding their own election.
NOTE: The meeting was recessed at 8:50 p.m. and reconvened at 9:00 p.m.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/PERSONNEL 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, REPEALING AND RE-ENACTING SECTION
17-4.6 OF THE SEWARD CITY CODE RELATIVE TO PERSONNEL
STEP INCREASES.
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 534; IT WAS SECONDED BY
SIMUTIS. Cripps explained, for the benefit of Gillespie who had been
absent on vacation during the last six weeks, that following an informal
meeting with employees and Councilmembers, Council had requested any
employee to personally contact them with concerns, ideas or suggestions;
or, write a confidential, anonymous letter to Council with the same.
Council had met in executive session on February 20, 1985, to open, read
and discuss those letters. From that meeting, in response to the
employees' input, both from the confidential letters and from the
informal meeting, Council drafted the proposed ordinance. The ordinance
would have the effect of making receipt of any employee annual step
increase, after the first 2y, years of employment, based upon demonstrat-
ed service of progressively greater value, greater responsibility, and
performance beyond what normally would be expected. Cripps noted that
by introducing an ordinance at this meeting a public hearing would be
scheduled at the next meeting (March 11, 1985).
Following further discussion, THE QUESTION WAS CALLED AND THE
MOTION CARRIED UNANIMOUSLY TO INTRODUCE ORDINANCE NO. 534.
B. Ordinances for Public Hearing and Enactment:
TAXICABS 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING CHAPTER 20 OF THE SEWARD
CITY CODE RELATIVE TO VEHICLES FOR HIRE BY EXEMPTING
VEHICLES REGULATED BY THE STATE.
Notice of public hearing as posted and published by law was noted and
the public hearing was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward,
appeared before Council and stated that he had called the State Depart-
ment of Transportation and had been informed that the Alaska Transporta-
tion Commission had been deregulated at the last general election and
therefore the State did not have regulations for vehicles. City Attor-
ney Arvidson explained that the proposed ordinance would avoid future
problems or duplication efforts. Christolear commented that the State
did not perform any safety inspections on vehicles; that inspections
would be up to the cities.
BOB VALDETTA, Seward, appeared before Council and suggested
Council schedule a work session regarding the vehicle for hire regu-
lations; that Mr. Kawabe hauls passengers from foreign vessels to the
downtown area in the summer and that the Pit Bar and businessmen on
Fourth Avenue are feeling the pressure of no operating taxicab service.
No one else appeared from the audience in order to be heard
and the public hearing was closed.
I
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PAGE 349
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
IT WAS MOVED BY
PROPOSED ORDINANCE NO. 533.
WAS CALLED AND THE MOTION
533.
WILSON AND SECONDED BY WILLIAMS TO ENACT
Following a short discussion, THE QUESTION
CARRIED UNANIMOUSLY TO ENACT ORDINANCE NO.
C. Resolutions:
RESO/LEASE It".::; 1. Copies having been made available to the public,
Cripps-noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING A LONG-TERM LEASE WITH
THE NATIONAL PARK SERVICE FOR AN UNPLATTED PORTION
OF BLOCK 6, OCEANVIEW SUBDIVISION.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-26; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY.
RESO/cON-117 2. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AWARDING A CONTRACT TO GENERAL
TELEPHONE & ELECTRIC FOR THE PURCHASE OF A TELEPHONE
SYSTEM WITHOUT FULL UTILIZATION OF THE BID PROCE-
DURES SET FORTH IN SECTION 10-8 OF THE CITY CODE.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-27; THE MOTION WAS SECONDED BY
GILLESPIE AND CARRIED UNANIMOUSLY. (February 21, 1985, memorandum from
City Comptroller Peirson recommending the purchase of a telephone system
from General Telephone & Electric in an amount not-to-exceed $32,708 was
noted.)
x.
UNFINISHED BUSINESS:
COM CTR A. IT WAS MOVED BY SIMUTIS AND SECONDED BY HILTON TO DIRECT
THE SENIOR/COMMUNITY CENTER ADVISORY COMMITTEE AND THE CITY ENGINEERING
DEPARTMENT TO INVESTIGATE TRACTS 2 AND 3, WATERFRONT TRACTS, THE CITY
SHOP PROPERTY AND RENOVATING THE SEWARD GENERAL HOSPITAL BUILDING FOR
THE POSSIBLE SITE OF A SENIOR/COMMUNITY CENTER. (The hospital is
currently working toward state funding for a new hospital building.)
Gillespie stated his opposition to the Waterfront Tracts as the Fourth
Avenue Dock area might need expansion room in the future. Wilson spoke
in favor of the Waterfront Tracts; that the citizens of Seward had
indicated that the Fourth Avenue Dock was not a high priority; adding
that the Center should be located in the downtown area. Gillespie
stated that the Dock would probably move up on the priority list as the
ferry provided 50+ jobs for the community and improvements would have to
be made on the dock and that the location was not the safest place with
reference to tsunami waves and earthquakes. Williams stated that a
proposed site should be bare of any structure; that it is less costly to
develop bare land. Wilson noted that it was difficult to make an
uninformed decision on site location recommendations without the cost
figures.
Following a short discussion, THE QUESTION WAS CALLED AND THE MOTION
CARRIED AS FOLLOWS: (February 20, 1985, memorandum from Engineer-
ing/Utilities Manager Diener listing 17 possible sites was noted.)
AYES:
ABSTAIN:
Cripps, Gillespie, Hilton, Meehan, Simutis, Wilson
Williams
NOTE: Williams abstained due to a conflict of interest on the
proposed locations.
By Council consensus, Simutis was selected to serve as Council represen-
tative on the Center Advisory Committee.
PURCHASING/ B. MEEHAN MOVED TO AWARD THE BID FOR 2 COMMERCIAL GRADE
HARBOR OUTBOARD MOTORS TO "THE FISH HOUSE" FOR $7,510, WHICH IS OTHER THAN THE
LOWEST BIDDER; "ALASKA MINING & DIVING" BEING THE LOWEST BIDDER. THE
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REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
MOTION WAS SECONDED BY HILTON. Meehan stated that the local bidder was
within 3% of the lowest bid and that he felt the local firm should be
selected after considering the time and cost involved in dealing with an
Anchorage firm for the motor's maintenance. Wilson and Williams stated
that they would be more comfortable with going with the lowest bidder;
that the rules should not be changed in the middle of the bid procedure.
Following a short discussion, THE QUESTION WAS CALLED AND THE MOTION
FAILED TO CARRY AS FOLLOWS:
AYES:
NOES:
Meehan
Cripps, Hilton, Gillespie, Simutis, Williams, Wilson
HILTON MOVED TO ACCEPT THE LOW BID FROM "ALASKA MINING & DIVING" FOR 2
COMMERCIAL GRADE MOTORS IN THE AMOUNT OF $7,292.46. IT WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY.
Council, by consensus, requested that a work session be scheduled soon
to discuss developing a local bidders preference clause to apply to
retail businesses versus contractors.
XI. NEW BUSINESS:
MIC/CON-1l9 A. HILTON MOVED TO ACCEPT THE AGREEMENT AS OUTLINED IN THE
SEPTEMBER, 1984, PROPOSAL FROM CHEMICAL BANK REGARDING PHASE II AND TO
PROCEED WITH PHASE II IN MARKETING THE SEWARD MARINE INDUSTRIAL CENTER;
IT WAS SECONDED BY WILSON.
Jim Knight and Alan Jackson, representatives of Chemical Bank,
appeared before Council and outlined the process and progress of Phase I
and addressed the goals of Phase II. Knight noted that he and Jackson
had met with Council during a 2~ hour work session earlier that day and
had discussed the draft of the information memorandum on the Seward
Marine Industrial Center (SMIC) as prepared by Chemical Bank. In
response to questioning from Gillespie, Knight stated that 6 months was
the proj ected time frame in which Chemical Bank would actively seek
prospective investors. Knight added, in response to a question from
Meehan, that the draft of the Phase I document would be finalized in 1
week to 10 days. Darryl reported that the fee structure for Phase II
was still being negotiated with the City Attorney, the City Adminis-
tration and representatives from Chemical Bank.
MEEHAN MOVED TO TABLE THE MOTION TO ACCEPT THE PHASE II AGREEMENT UNTIL
THE MARCH 11, 1985, REGULAR COUNCIL MEETING; IT WAS SECONDED BY WILLIAMS
AND FAILED TO CARRY AS FOLLOWS:
AYES:
NOES:
Meehan, Simutis, Williams
Cripps, Gillespie, Hilton, Wilson.
Gillespie suggested that an amendment be made to the main motion to
accept the Phase II agreement with the stipulation that the final
negotiated agreement come back to Council for review and approval prior
to signing by the Administration. Hilton and Wilson, the maker of the
motion and the second, agreed to the friendly amendment.
Following a short discussion, THE QUESTION WAS CALLED AND THE MOTION
CARRIED UNANIMOUSLY TO ACCEPT THE AGREEMENT AS OUTLINED IN THE SEPTEM-
BER, 1984, PROPOSAL FROM CHEMICAL BANK REGARDING PHASE II AND TO PROCEED
WITH PHASE II IN MARKETING THE SEWARD MARINE INDUSTRIAL CENTER WITH THE
STIPULATION THAT THE FINAL NEGOTIATED AGREEMENT COME BACK TO COUNCIL FOR
REVIEW AND APPROVAL PRIOR TO SIGNING BY THE ADMINISTRATION.
XII. CITY MANAGER REPORTS:
PRISON Schaefermeyer noted a draft letter from City Manager Garzini
to John Shively, Chief of Staff, Alaska State Governor's office, which
had been distributed to the Council just prior to the meeting, offering
to coordinate the financing and construction of the State's maximum
security prison in Seward. Council reviewed the letter and by consensus
approved the draft and instructed the Administration to send the letter.
I
I
I
PAGE 351
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
GREENBEL T / Schaefermeyer introduced Duane Steele, KRXA Station Manager,
RADIO and reported that the city had been approached by Steele to relocate the
radio antenna to just east of its present location (near the fish ditch
near the Small Boat Harbor). Steele stated that the antenna would
require a 15' by 15' pad and would be se1f-supporting--requiring no guy
wires. Wilson spoke in opposition to that site for the antenna
relocation. He stated that the site involved the Greenbelt area and
'felt that the voters had recently indicated that no development should
take place in that vicinity. Steele stated that KRXA Radio had an
option on the property next to the proposed site. Council stated, by
consensus, that they were opposed to the proposed antenna relocation
site.
XIII.
COUNCIL DISCUSSION:
CITY COUNCIL WILSON, reported that he had accepted a job offer in the state
of Washington and that March 26, 1985, would be the last day he would be
able to serve on Council.
WILLIAMS, asked for a
collection request for proposals.
Recreation Director Noble was on
request upon his return.
status report on the
Schaefermeyer stated
vacation and would be
campground
that Parks
developing
fee
and
the
XIV. CITIZENS' DISCUSSION:
WILLIAM CASEY, 702 Third Avenue, appeared before Council and
spoke in regard to the proposed personnel ordinance amendment. [See
Item IX.(A)(l)] Casey reported that 30 city employees had met and had
voted unanimously to not accept the proposed ordinance. He asked
Council to resolve the issue by letting the employees vote on the
question of union representation.
AL LAKEY, Bear Creek Trailer Park, IBEW Electrical Department
,city employee, appeared before Council and stated that asking for input
from the employees was a waste of time. Lakey stated that a petition
would be circulated to obtain a consensus of the voters of Seward on the
issue. Cripps stated that Council had no problem with that action; that
Council represented the 2000+ citizens of Seward and that they would go
with the majority rule. Simutis expressed her disappointment that the
city employees felt that the Council request for letters was pointless.
JIM FOWLER, IBEW representative, Anchorage, appeared before
Council and asked Council why they did not respect the employees' wish
to have an election. Gillespie explained that if the employees wished
to hold an election it was their right to do so--the Council did not
have to authorize such an election. Cripps stated that anybody is free
to hold an election on union representation. Cripps added that the
petition the Council had received at 7: 25 p.m. that evening would be
addressed at the next regular Council meeting of March 11, 1985.
OSCAR WATSJOLD, Second Avenue and Madison Street, Seward,
appeared before Council and stated that the city had had some bad
experiences with IBEW employees but the other employees were our neigh-
bors and were different from the out-of-town employees. Watsjold also
commented on a suggestion that been voiced at the last Council meeting
on February 11, 1985, which mentioned a petition to recall the Council.
He stated that such an action would split the town in two and would take
years to get it back.
APRIL TILLOTSON, 607 Fifth Avenue, Seward, appeared before
Council and stated that the city should opt back into PERA in order that
the employees can have union representation at the bargaining table.
SCOTT RANSOM, 535 Second Avenue, Seward, Harbor Department
employee, appeared before Council and asked to be allowed to vote on the
union representation issue.
LINDA JONES, Bear Creek resident, appeared before Council and
asked City Attorney Arvidson if the City was liable when a prisoner was
injured while in custody. Arvidson stated that he was not permitted to
PAGE 3 S2
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
advise her since he knew she was represented by an attorney. Arvidson
reported that the insurance company for the city was handling the case.
BOB VALDETTA, Seward, appeared before Council and spoke on the
Kawabe lease of the property south of the present Teen Center location.
Valdetta was informed by the Administration that that lease was null and
void; Valdetta then stated that he would have liked to have known so he
could possibly lease the property. Valdetta asked for a picture of the
ship lift be placed in the Chambers. Valdetta expressed that opinion
. that the Council "had not treated the union guys right". Valdetta
suggested that the Council schedule a time so citizens could informally
meet with them and discuss any subj ect of concern to them. He also
suggested that Council review the "municipal book" at the library in
order to properly follow operating procedures, Cripps stated that
besides the State and Federal laws and statutes, the Council operated
under the Seward City Code Book.
REX DAVIS, 536 Second Avenue, Seward, appeared before Council
and asked why the Council had turned down the petition from IBEW to act
as bargaining agent for city employees. Cripps stated that unless there
was a clear cut indication from the majority of the city's citizens,
then there was no reason to accede to the demands of less that 3% of the
voters of Seward. Davis stated that the low response, to Council's
request for comments was felt to be "redundant" by many employees
because they felt that their concerns had been expressed at the informal
meeting they had had with Council. Davis asked for Council's help to
hold an election to bring in a union to bargain for them.
THOMAS BLATCHFORD, 531 Sixth Avenue, Seward, member of Local
302 Union, appeared before Council and stated that the city employees
had a legal right to be represented by a union. Blatchford stated that
prices would continue to rise and that the employees could not afford to
have their wages frozen. Blatchford expressed his opinion that without
union representation the city employees would lose benefits (Cost of
Living Allowance, medical insurance, etc.) and that they needed to have
the union as back-up. Blatchford asked for Council support.
BRUCE KAYE, staff member of the Kenai Fjords National Park
Service, appeared before Council and thanked them for the time and
effort they had expended over the last 3 weeks on the long-term lease
[See Item IX.(C)(l)].
JIM FOWLER, IBEW representative, Anchorage, appeared before
Council and requested that the next meeting be held at a larger facili-
ty; that the Council Chambers was too small and had been declared by the
Deputy Fire Chief to have a 49 person capacity. Council, by consensus,
directed the Deputy Clerk to arrange for a larger meeting room for the
'March 11, 1985, Council meeting.
WALTER CHRISTOLEAR, Seward, appeared before Council and stated
that, contrary to rumors, he was not out of business (in reference to
his limousine service) and gave Council a status report on his
operations. He gave an account of his investments so far and asked
Council not to change the Vehicle for Hire Ordinance, otherwise, his
investment would be in jeopordy.
HERMAN LEIRER, Dairy Hill, Seward, appeared before Council and
spoke on the inspections the State had been performing on vehicles until
the Alaska Transportation Commission was phased out by the voters last
year. He reported that he had been inspected once in the 23 years he
had been in operation. He asked if the city police have a means or
authority to inspect vehicles. He cautioned Council on possible
lawsuits if a wreck occurs with a vehicle that had been inspected by the
city. Leirer stated his opinion that the hospital was a good location
for the Senior/Community Center; and opposed the city shop area as it
was too windy. In regard to the radio tower, Leirer stated that when he
was on Council they had given the land for the present tower; that this
time they should pay for a location and maybe use the option to buy next
to the present site.
XV. ADJOURNMENT:
I
I
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PAGE 353
REGULAR MEETING - FEBRUARY 25, 1985
VOLUME 20
The meeting was adjourned at 11:30 p.m. and, following a short
recess, reconvened in executive session to discuss a litigation matter.
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Christy Audet!:,;e. ~~'.: " ~, " g
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(City Seal) ; ''''l'/+E: 1, ;,;3~" ~~;;
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PAGE 353 REGULAR MEETING - MARCH 11, 1985 VOLUME 20
Q,qpuJ ~~.;
Donald W. Cripps ~
Mayor
I.
CALL TO ORDER:
The March 11, 1985, regular meeting of the Seward City Council
was called to order at 7:35 p.m. in the AVTEC cafeteria by Vice Mayor
Michael J. Meehan.
II. OPENING CEREMONY:
No flag was present and the opening ceremony was waived.
III. ROLL CALL:
Present were: Vice Mayor Meehan and Councilmembers Gillespie,
Hilton and Simutis (Absent with Council
consent were Mayor Cripps and Councilmembers
Williams and Wilson)
Present also: City Manager Garzini, Deputy City
Schaefermeyer and City Clerk Murphy
Manager
IV.
APPROVAL OF MINUTES:
GILLESPIE MOVED TO TABLE APPROVAL OF THE MINUTES UNTIL THE
NEXT REGULARLY SCHEDULED MEETING; THE MOTION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIMOUSLY. (Gillespie had not been present for these meet-
ings, and with only four Councilmembers present, all four votes would
have been needed for approval.)
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Garzini asked that the following item be added to the Consent
Calendar: 8) Acquisition of easement from Orpha Tressler for trans-
mission line construction.
HILTON MOVED TO APPROVE THE REGULAR MEETING AGENDA AS PRESENT-
ED AND THE CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/COMP PLAN/
CON- 114:
1.
Resolution No. 85-28, authorizing the issuance of an
amended purchase order to CCC Architects and Planners for
City mapping services, was approved and filed;
I C.ATTY:
C.ATTY:
FINANCE:
PERMITS:
2.
January 1985 invoice from HTGP&B for legal services
totalling $24,932.51, was approved for payment and filed;
3.
January 1985 invoice from Baily & Mason for legal ser-
vices totalling $89.36, was approved for payment and
filed;
4.
Finance Department's list of accounts payable totalling
$1,359,636.81, was approved for payment and filed;
5.
Application for permit for games of chance and skill as
filed by Resurrection Bay Lions-Lioness Clubs was filed
without objection;
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PAGE 354
REGULAR MEETING - MARCH 11, 1985
VOLUME 20
6.
Proclamations designating March 3-9, 1985, as "Women's
History Week" and March 10-16, 1985, as "Employ the Older
Worker Week" were noted for information and filed;
PROCLAMATIONS:
7.
March 6, 1985, letter from Harbormaster Foster Singleton
to J. B. Bennison relative to concerns about Harbor
parking and safety was noted for information and filed;
and
SMALL BT.HARBOR:
EASEMENTS/TRANS.
LINE:
8.
The acquisition of an easement located at Tract A, Irv
Tressler Subdivision, from Orpha Tressler, for the sum of
$120, was approved. (Transmission line ROW)
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present.
VII. PUBLIC HEARINGS:
A. Notice of public hearing on the proposed acquisition of a
PH/TRANS'portion of Lots 11 and 12, McBride Subdivision, from Margaret Tripp for
LINE/ transmission line right-of-way construction as posted and published by
ESMTS: law was noted and the public hearing was opened.
AL LAKEY, Bear Creek, appeared before the Council and asked
several questions about the cost and size of the ROW. Garzini presented
a copy of the staff report to Lakey and explained that the cost of the
ROW was $38,500.
tional
$10,000
BOB VALDATTA, Seward, asked if
relocation allowance to Tripp.
relocation allowance was included
the City was paying an addi-
Garzini explained that the
in the purchase price.
IVAN DARBYSHIRE, 304 Second Avenue, asked why the existing
structure was allowed within the highway ROW. Gillespie stated that the
original structure was constructed prior to construction of the highway.
No one else appeared in order to be heard and the public
hearing was closed. [See agenda item no. IX(C)(2).]
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
SVAC:
A. MARK BEALS representing Seward Volunteer Ambulance Corps
(SVAC) appeared before Council and requested the appropriation of
$79,412 for the purchase of a new ambulance. He stated that, with the
deletion of the ambulance from the City's CIP, SVAC's request for State
funding would not be honored. Therefore, the Corps' only option now was
to appeal to the Council for City funds. Garzini stated that he would
come back to the Council at the next meeting with an appropriation
request. He added, however, that Beals' request that Council waive its
required bid procedures would have to be reviewed by the City Attorney
and the ambulance specs would be reviewed by Shop Foreman Tex Ainsworth.
,.'
B. CHARLES LECHNER, Seward, asked that Council grant relief
from the payment of $514.91 for electrical repairs necessitated by a
fire that originated in his building. Lechner stated that he should not
be held responsible for the damage. In response to a question from
Gillespie, Deputy Fire Chief David Squires stated that the fire had
o;riginated inside Lechner's building in the area behind the furnace.
The cause, however, could not be determined because some of the evidence
had been removed when the area was cleaned. Following further dis-
cussion, Meehan stated that the City had no choice but to bill Lechner
for the electrical repairs; however, the Council had no objection to a
one-year payback schedule with no interest or penalties.
ELECTRIC
DEPT:
ABCB:
C. BRAD SNOWDEN, 525 Sixth Avenue, requested that Council
issue a letter of nonobjection to the issuance of a hotel/motel special-
ty liquor license for his proposed restaurant/bar addition to the New
Seward Hotel. He noted that the Alcoholic Beverage Control Board
allowed special tourism licenses subject to certain conditions and
PAGE 355
REGULAR MEETING - MARCH 11, 1985
VOLUME 20
further stated that the license could not be transferred to another
location.
GILLESPIE MOVED TO GRANT A LETTER OF NONOBJECTION FOR THE
ISSUANCE OF A SPECIALTY LIQUOR LICENSE TO THE NEW SEWARD HOTEL; THE
MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (Garzini stated
that the Clerk would research the criteria for this type of license and
would come back to Council if there appeared to be any problem.)
I
LOWELL
RD:
PT D. PAUL PAQUETTE, Lowell Point Road, asked if the City had
researched the ownership of Lowell Point Road. Garzini distributed a
memorandum prepared by the Deputy City Manager giving a history of the
road and problems attendant with solving the maintenance issue.
Schaefermeyer explained that while 2/3 of the beachfront road lay within
the City limits, the City did not "own" the road. The City had been
granted a "right of entry" by the State for use as a utility corridor.
He added that the City's only obligation was to maintain access to the
sewage treatment plant. Schaefermeyer also explained that the Borough
could not expense monies for Lowell Point maintenance until such time as
the State recognized Lowell Point Road as part of the State highway
system. He added that this was unlikely to happen. In response to a
question from Meehan, Garzini stated that he would provide Council with
a cost analysis to maintain the road in "as is" condition.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/KPB POWERS: 1. Copies having been made available to the public,
Meehan noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, RELIN-
QUISHING EMERGENCY COMMUNICATION
CENTER POWERS TO THE KENAI PENINSULA
BOROUGH.
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 535; THE
MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (March 7, 1985,
memorandum from Schaefermeyer recommending introduction was noted.
Public hearing was scheduled for the second meeting in March.)
ORD/FIREWORKS: 2. Copies having been made available to the public,
Meehan noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 15-18 OF THE SEWARD CITY CODE
RELATIVE TO THE POSSESSION AND
DISCHARGE OF FIREWORKS.
SIMUTIS, MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 536; THE
MOTION WAS SECONDED BY HVVVdij AND CARRIED UNANIMOUSLY. (Public hearing ***
was scheduled for the second meeting in March.)
B. Ordinances for Public Hearing and Enactment:
ORD/PERSONNEL: 1. Copies having been made available to the public ,
Meehan noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REPEALING
AND RE-ENACTING SECTION 17-4.6 OF THE
SEWARD CITY CODE RELATIVE TO PERSON-
NEL STEP INCREASES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
JIM FOWLER, representing the IBEW, stated that 30 City employ-
ees had voted in opposition to this proposed ordinance at an employee
*** The motion was seconded by GILLESPIE. See correction noted on
Page 359.
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PAGE 356
REGULAR MEETING - MARCH 11, 1985
VOLUME 20
meeting which was held 3 weeks prior to the Council meeting. He urged
Council to defeat this ordinance.
No one else appeared in order to be heard and the public
hearing was closed.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 534; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (Ordinance No. 534 was
scheduled to take effect July 1, 1985.)
~
C.
Resolutions:
1. Copies having been made available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REQUEST-
ING THE TRANSFER OF REAL PROPERTY
FROM THE ALASKA RAILROAD TO THE CITY
OF SEWARD.
HILTON MOVED TO TABLE PROPOSED RESOLUTION NO. 85-14 UNTIL THE
NEXT REGULAR MEETING; THE MOTION WAS SECONDED BY SIMUTIS AND THE MOTION
CARRIED UNANIMOUSLY. (Hilton explained that, since this resolution had
originally been introduced at the request of the Mayor, he would prefer
to consider it when Cripps could be present.)
RESO/ESMTS/TRANS. 2. Copies having been made available to the public,
LINE: Meehan noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE ACQUISITION OF PROPERTY IN
THE MCBRIDE SUBDIVISION FOR TRANS-
MISSION LINE CONSTRUCTION.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-29; THE MOTION WAS
SECONDED BY GILLESPIE AND UNANIMOUSLY CARRIED. (The resolution was
scheduled to take effect 30 days following enactment.)
X.
UNFINISHED BUSINESS:
TAXICABS: A. February 25, 1985, letter from City Attorney Arvidson in
reply to James T. Brennan's (attorney for Ivan and Beverly Darbyshire)
letter concerning the new vehicle for hire ordinance was was noted.
BEVERLY DARBYSHIRE, 305 Second Avenue, appeared before Council and
requested that the Council once again regulate taxicabs as it did in the
past. She stated that Council's deregulation had resulted in the loss
of taxicab service to the City. In response to questions raised by
Darbyshire, Murphy stated that one vfh permit application had been
issued but had not yet been filed. Meehan, with Council consent,
instructed the Clerk to schedule this agenda item for further discussion
at the next regular meeting. Simutis stated that it was time for
Council to take a closer look at deregulation and its effects.
IBEW/PERSONNEL: B. February 21, 1985, petition as submitted by IBEW request-
ing recognition as the bargaining unit for City employees was noted.
JIM FOWLER, IBEW representative, criticized Cripps' open letter to the
Phoenix Log, stating that the Mayor's facts and figures appeared to be
in error. He further alleged that four City employees had been threat-
ened with the loss of their jobs because they had worn caps bearing the
inscription "l don't get mad, I vote". Garzini obj ected to Fowler's
statement, saying that one employee was instructed not to wear his cap
during working hours and that he had refused to speak to one employee
while he (the employee) was wearing the cap. Fowler asked the Council
to allow the employees to vote on the union issue. Gillespie agreed
that everyone has the right to be represented by the association of his
choice. Meehan stated that the employees already had the right to hold
an election, but added that there was no need for the City to conduct
the election.
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PAGE 357
REGULAR MEETING - MARCH 11, 1985
VOLUME 20
HILTON MOVED THAT THE CITY REFUSE TO AGREE TO RECOGNIZE OR
BARGAIN WITH THE IBEW SOLELY ON THE BASIS OF THE OUTCOME OF THE ELECTION
REQUESTED AND THAT THE CITY NOT CONDUCT THE ELECTION; THE MOTION WAS
SECONDED BY MEEHAN AND FAILED WITH HILTON CASTING THE ONLY "YES" VOTE.
I
GILLESPIE MOVED TO DIRECT THE ADMINISTRATION TO PREPARE AN
ORDINANCE REPEALING ORDINANCE NO. 412 (original ordinance opting out of
PERA) FOR INTRODUCTION AT THE NEXT MEETING; THE MOTION WAS SECONDED BY
SIMUTIS AND FAILED WITH GILLESPIE AND SIMUTIS CASTING THE TWO "YES"
VOTES.
Garzini explained that the Council had several options: 1) It
could hold an election locally; 2) It could opt back into PERA and have
the State hold the election; or 3) It could create and adopt its own
collective bargaining ordinance. Hilton stated that he was in favor of
establishing a local ordinance.
RECESS: The meeting was recessed at 9:00 p.m.; reconvened at 9:17 p.m.
Meehan instructed the Clerk to prepare a resolution for
presentation at the next meeting calling for an advisory election within
60 days to ascertain the public's position relative to opting into PERA.
HILTON MOVED TO RECONSIDER GILLESPIE'S MOTION RELATIVE TO THE
REPEAL OF ORDINANCE NO. 412 AT THE NEXT MEETING; THE MOTION WAS SECONDED
BY MEEHAN AND CARRIED UNANIMOUSLY.
@I.
CON-I2-6: A. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE
AMOUNT OF $1113 TO THE DENALI CONTRACT FOR ADDITIONAL TRANSMISSION ROW
CLEARING; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
(Diener's memorandum recommending approval was noted)
NEW BUSINESS:
I
ESMTS/TRANS. LINE: B. GILLESPIE MOVED TO ACCEPT THE AGREED UPON PRICE FOR
EASEMENT ACQUISITION FROM DONALD AND RUBY SUNDBERG FOR LOT 8, BLOCK 1,
STAFFORD SUBDIVISION; THE MOTION WAS SECONDED BY HILTON AND CARRIED
UNANIMOUSLY. (Diener's March 7, 1985, memorandum noted that this was an
additional easement needed for the transmission line ROW.)
COUNCIL: C. HILTON MOVED TO APPOINT DENNIS SCHOLL TO FILL THE COUNCIL
VACANCY CREATED BY THE RESIGNATION OF GEOF WILSON UNTIL THE NEXT REGULAR
ELECTION; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
(Hilton noted that Scholl was the next high vote getter in the last
election and that he had expressed an interest in filling the seat.)
COUNCIL: D. GILLESPIE MOVED TO RESCHEDULE THE NEXT MEETING TO MARCH
27, 1985; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
(March 7, 1985, memorandum from Murphy noting that the next meeting was
scheduled for March 25, Seward's Day, was noted.)
Council also instructed the Clerk to try to arrange for a
location other than the AVTEC cafeteria for the next meeting. Meehan
noted that it was important that the chosen location have an adequate
sound system.
XII. CITY MANAGER REPORTS:
None
I
XIII.
COUNCIL DISCUSSION:
MEEHAN noted that Councilmember Raya Williams was recovering
from surgery and wished her well.
XIV. CITIZENS' DISCUSSION:
BOB VALDATTA, Seward, appeared before Council and asked that
the Council schedule a worksession relative to port marketing and the
appointment of a Port Commission.
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PAGE 358
REGULAR MEETING - MARCH 11, 1985
VOLUME 20
JAMIE ROSE, 407 Third Avenue, representing ILWU, stated that
the City should drop its efforts to gain control of the railroad dock.
He added that because of the "bad press" the local ILWU had received
from the City, the City had lost pipe ships to Valdez. He recommended
that the Council appoint a Port Commission and that the City engage in
more effective port marketing. (Garzini, at the request of Gillespie,
promised to investigate the reasons for the loss of the pipe ships and
report back to Council.) Rose also voiced his support for City employ-
ees' efforts to organize.
BEVERLY DARBYSHIRE, 403 Second Avenue, stated that she was
amazed that any City employee earned $105,000 last year. She also
stated that the administration could cut costs by limiting the number of
City employees (10) who are allowed take-home City vehicles.
W. C. CASEY, 702 Third Avenue, suggested that some irregular-
ities may have occurred when the City opted out of PERA in 1975. He
added that the issue concerning City employees was not wages or
benefits, but their right to vote.
AL LAKEY, Bear Creek, City electrical worker,
was the City employee who had earned $105,000 in 1984.
since only the Council could vote to opt back into PERA,
left to City employees was the recall of the Council.
stated that he
He added that
the only option
WALTER CHRISTOLEAR, Brown and Hawkins Apartments, questioned
the bid process and the credentials of the contractor (Denali Enter-
prises) chosen to perform the additional ROW clearing for transmission
line construction. Bill Toskey (Acres/Hanscomb) assured him that all
bid procedures had been followed and that the contractor was properly
qualified.
JOEL STEFAN SKY , Nash Road, (a principal in Denali Enter-
prises), stated that he had been a resident of Seward for 6 months and
that he had been performing this type of work (clearing) for 13 years.
He added that notice of bid for the proj ect had been published and
posted locally as required by law and all required procedures had been
followed.
IVAN DARBYSHIRE, 304 Second Avenue, stated that in the 7 years
that he worked for the City of Seward, he did not know of anyone billed
for electrical work in the manner that the City billed Charles Lechner.
SCOTT RANSOM, 535 Second Avenue, City employee, stated that
Council was moving in the right direction by reconsidering the employ-
ees' right to vote on the union. He noted that City employees are a
solid and growing part of the Seward community, active in community
affairs and volunteer groups. He urged the Council to vote to opt into
PERA.
XV. ADJOURNMENT:
The meeting was adjourned at 9:52 p.m.
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Vice-Mayor
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PAGE 359
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
1.
CALL TO ORDER:
The March 27, 1985, regular meeting of the Seward City Council
was called to order at 7:32 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Williams led the pledge of allegiance to the
flag.
III.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Simutis and Williams
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Deputy City Manager
City Attorney Arvidson and City
SPECIAL ITEMS:
A. Cripps introduced Junior Councilmember Rich Yeager and
presented him with a City pin.
C.COUNCIL: B. Murphy administered the oath of office to newly appointed
Councilmember Dennis M. Scholl. Scholl then took his seat on the dais
and thereafter participated in the meeting.
C.ATTY:
ABCB:
CON-ill:
C OF C:
IV. APPROVAL OF MINUTES:
Hilton asked that Page 355 of the March 11, 1985, minutes be
amended by noting that he had not seconded the motion for introduction
of proposed Ordinance No. 536. Murphy stated that she would refer to
her notes for the meeting and make the recommended correction.
MEEHAN MOVED TO APPROVE THE JANUARY 28, FEBRUARY 4, 6, 11, 15,
20, AND 25, MINUTES AS WRITTEN AND THE MARCH 11, 1985, MINUTES AS
AMENDED; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED WITH FIVE YES
VOTES AND GILLESPIE AND SCHOLL ABSTAINING. (Gillespie was not present
for most of the meetings referenced.)
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Meehan requested the addition of proposed Resolution No. 85-34
to be numbered Agenda Item IX(C) (5) and further asked that proposed
Resolution No. 85-33 (previously numbered IX[C][5]) be renumbered
IX[C] [6]. Murphy asked that Agenda Item VIII(A) be deleted from the
regular meeting agenda.
SIMUTIS MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED
AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY
WILLIAMS AND CARRIED UNANIMOUSLY. The following actions were taken:
1.
February 22, 1985, invoice from Erwin, Smith, Garnett,
Jarrell & Moderow for legal services totalling $590.50,
was approved for payment and filed;
2.
ABCB notice of application for transfer of liquor license
from Frank Irick, dba Van Gilder Hotel, to Marcia L.
Crowell, same dba and location, was filed without ob-
jection;
3.
Approval of amended language to Phase II of the Chemical
Bank contract for MIC marketing was approved and filed;
4.
A resolution of the Seward Chamber of Commerce in support
of the placement of park benches in downtown Seward was
noted for information and filed; and
f' ro. r_
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PAGE 360
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
FLOOD CONT:
5.
March 6, 1985, Lowell Creek Tunnel Inspection Report as
filed by Acres/Hanscomb was noted for information and
filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the status of the Borough budget process.
VII. PUBLIC HEARINGS:
None
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. Deleted
B. SUNNY RADEBAUGH, representing Duane Steel of KRXA Radio,
appeared before Council and asked Council support of KRXA's efforts to
broadcast City Council meetings. Radebaugh stated that she would be
making a proposal to the Administration.
C. WALTER CHRISTOLEAR, Brown & Hawkins Apartments, asked
that the Council attempt to resolve the taxicab issue. He stated that
he had never intended to have a taxicab business, but was only interest-
ed in "getting drunks off the road".
D. JIM FOWLER, IBEW representative, stated that he felt the
Council was going in the right direction with the introduction of a
resolution which would authorize an employee election for the purposes
of organizing. He stated, however, that the resolution failed to exempt
supervisors from the election. At Fowler's request, REX DAVIS, City
employee, also appeared before the Council and stated that 70% of the
employees recently polled wanted the Council to "opt into" PERA in an
effort to "show good faith". He presented to the Council a copy of a
resolution which the employees wanted considered at the next meeting.
The effect of this resolution would be to grant the employees of the
City rights equal to or greater than employee rights under PERA.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/ELECTIONS:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEAWRD, ALASKA, AMENDING
SECTION 8-24 (A) OF THE SEWARD CITY
CODE REGARDING OPENING AND CLOSING OF
THE POLLING PLACES.
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 537; THE
MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. Cripps noted
that the effect of this ordinance would be to require that the polls be
opened at 7:00 a.m. rather than 8:00 a.m. on election day for all City
elections in order to conform to state and borough practices. Murphy
noted that the public hearing on this issue would be scheduled for April
22, 1985.
B. Ordinances for Public Hearing and Enactment:
ORD/PUB.SAFETY: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, RELIN-
QUISHING EMERGENCY COMMUNICATION
CENTER POWERS TO THE KENAI PENINSULA
BOROUGH.
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PAGE 361
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
Notice of public hearing as posted and published as required
by law was noted and the public hearing was opened; no one appeared in
order to be heard and the public hearing was closed.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 535; THE MOTION WAS
SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (Cripps explained that the
Borough would assume the cost of establishing and maintaining a unified
911 emergency number system.)
ORD/FIREW.QRj.<S/ 2. Copies having been made available to the public,
FIRE DEP~r1pps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 15-18 OF THE SEWARD CITY CODE
RELATIVE TO THE POSSESSION AND
DISCHARGE OF FIREWORKS.
Notice of public hearing as posted and published as required
by law was noted and the public hearing was opened. Cripps noted that
this ordinance would prohibit the possession of fireworks within the
City limits and would establish a mandatory fine for violation of this
section of the Code.
LOUIS MARCH, Mile 5~, Seward Highway, appeared before the
Council and spoke in opposition to the proposed ordinance. March
stated that fireworks are a "symbol of freedom" and that enactment of
this ordinance would "make criminals of honest people". He added that
the problems experienced in Seward last July 4 could have been avoided
if the police had enforced existing law. March suggested that the fines
for discharge of fireworks be increased.
TOM PATMOR, Mile 18, Clam Gulch, and ROBERT BRUCE FACER,
317 Third Avenue, Seward, appeared before the Council and spoke in
opposition to the ordinance.
LOUIS BENCARDINO, Chief of Police, spoke in support of the
ordinance. Bencardino stated that the present Code provision prohibit-
ing discharge of fireworks is virtually impossible to enforce since an
officer must witness the discharge before s/he can cite an offender.
Forest Acres, stated that discharge of
in all national forest, state forest and
very little room for the legal discharge of
JONATHAN SEWALL,
fireworks was prohibited
national park land, leaving
fireworks outside the City.
LARRY WITT, Small Boat Harbor, spoke in opposition to the
proposed ordinance.
No one else appeared in order to be heard and the public
hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 536; THE MOTION WAS
SECONDED BY WILLIAMS.
Gillespie stated that he was opposed to the ordinance. He
added that he was sympathetic to past problems, but did not feel that
the proposed ordinance was the answer.
Meehan concurred with Gillespie, stating that he would be
unable to support the ordinance as written.
Hilton spoke in support of the ordinance. He stated that the
police could not be expected to do their job unless they were given the
tools needed.
Scholl asked if the ordinance could be amended by designating
a safe area for the discharge of fireworks. Gillespie explained that
Arvidson had indicated that the City would be assuming liability for
fireworks accidents and fires if it designated a specific area for
discharge.
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PAGE 362
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
Simutis stated that she could not support the ordinance as
long as it contained a prohibition against possession of fireworks.
Garzini related the problems experienced in Seward during the
1984 Fourth of July celebration, including fires and "fireworks wars".
He noted that the City had supported Borough efforts to ban fireworks
from the Kenai Peninsula, but with Thompson's veto of the KPB ordinance,
the only option left the City was a ban on possession within the City
limits. He added that fireworks displays by groups such as the Chamber
of Commerce would continue to be permitted by the Code.
Cripps voiced his support for the ordinance.
THE QUESTION WAS CALLED AND THE MOTION FAILED WITH HILTON AND
CRIPPS VOTING YES.
RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m.
C. Resolutions:
RESO / ARR: 1. Copies having been made availab Ie to the pub lie,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REQUEST-
ING THE TRANSFER OF REAL PROPERTY
FROM THE ALASKA RAILROAD TO THE CITY
OF SEWARD.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-14; THE MOTION WAS
SECONDED BY MEEHAN.
Cripps explained that the State constitution provided an
avenue for municipalities to request the transfer of State property
lying within its boundaries to the municipality if that property could
be of use to the municipality. He noted that the only real revenue
producing property in town is the ARR dock which is owned by the State.
He added that the City government has been subsidized in a large part by
state and federal aid and administrative overhead from grants. With a
decline in support from the State, the City has an obligation to seek
revenue producers to supplement this loss. He strongly urged support of
the resolution.
SCHOLL MOVED TO AMEND THE THIRD WHEREAS CLAUSE TO READ AS
FOLLOWS:
***
WHEREAS, the Railroad r s exclusive contracting
policies excluding other bona fide stevedoring
companies mitigates against full utilization of the
Port of Seward; and";
THE MOTION WAS SECONDED BY SIMUTIS AND THE AMENDMENT CARRIED UNANIMOUS-
LY. THE QUESTION WAS CALLED ON THE MAIN MOTION AND RESOLUTION NO. 85-14
WAS APPROVED UNANIMOUSLY AS AMENDED.
RESO/CON-J.l1: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FOR PHASE II OF THE
CHEMICAL BANK CONTRACT FOR MIC
MARKETING.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-30; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Garzini noted that a
check for Phase II would not be issued until receipt of the finished
information memorandum which was to have been completed under Phase I.)
3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
***Note amendment to minutes as follows: Scholl amendment included a prov1s1on
that the words "to Seaway Express" be deleted from the fifth "Whereas" clause.
PAGE 363
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
RESO/PURCH/EQUIP/FIRE
DEPT:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FOR THE PURCHASE OF A
PUMPER FIRE TRUCK.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-31; THE MOTION
WAS SECONDED BY SIMUTIS.
I
In response to a question from Gillespie, Garzini explained
that the City had applied for and received approval for funding through
the community block grant program in the amount of $105,000 as a reim-
bursable grant. An additional $81,000 in City funds would be needed for
the purchase of the fire pumper truck.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
RESO/PURCH/SVAC:
4. Copies having been made availab Ie to
Cripps noted by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FOR THE PURCHASE OF A NEW
AMBULANCE.
Murphy noted that the Administration was introducing a substitute
resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FOR THE PURCHASE OF A NEW
AMBULANCE AND AUTHORIZING ITS PUR-
CHASE WITHOUT UTILIZATION OF THE BID
PROCEDURES OUTLINED IN SECTION 10-8
OF THE SEWARD CITY CODE.
I
GILLESPIE MOVED TO APPROVE SUBSTITUTE RESOLUTION NO. 85-32;
THE MOTION WAS SECONDED BY MEEHAN.
In response to a question from Hilton, Fire Chief Gage noted
that the additional $3,000 appropriated above the purchase price of the
ambulance would go for the purchase of radio equipment.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
RESO/PERSONNEL:
distributed to
only a proposed
5. Copies having been made available to
the Council prior to the meeting, Cripps
resolution entitled:
the public and
noted by title
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CONCERN-
ING PROCEDURES FOR RESOLVING ISSUES
PRESENTED BY IBEW.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-34; THE MOTION WAS
SECONDED BY GILLESPIE.
I
SCHOLL MOVED TO AMEND SECTION 1 OF THE RESOLUTION BY INSERTING
THE WORDS "NONSUPERVISORY AND NONCONFIDENTIAL" AFTER THE WORD AMONG; THE
MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANIMOUSLY. (This amend-
ment was made at the request of IBEW Representative Jim Fowler.)
THE QUESTION WAS CALLED ON THE MAIN MOTION, AS AMENDED, AND
CARRIED UNANIMOUSLY.
RESO/PERSONNEL: 6. (Renumbered) Copies having been made available to
the public, Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CALLING
FOR A SPECIAL ADVISORY ELECTION
RELATIVE TO A PROPOSAL THAT THE CITY
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PAGE 364
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
OPT INTO THE PUBLIC EMPLOYMENT
RELATIONS ACT.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-33: THE MOTION WAS
SECONDED BY CRIPPS AND FAILED TO CARRY WITH ALL COUNCILMEMBERS VOTING IN
OPPOSITION TO THE MOTION. (Gillespie noted that the passage of Resolu-
tion No. 85-34 rendered this proposed resolution unnecessary.)
X.
UNFINISHED BUSINESS:
TAXICABS/LITIG: A. MEEHAN MOVED TO OFFER A $12,500 SETTLEMENT WITH PREJUDICE
(VFH): TO THE DARBYSHIRES FOR A 15 DAY PERIOD; THE MOTION WAS SECONDED BY
WILLIAMS.
March 20, 1985, memorandum from Murphy and attached correspon-
dence relative to the Darbyshires' claim for relief from taxicab deregu-
lation was noted. Meehan stated that his motion offering settlement was
made in an effort to resolve this dispute short of litigation. In
response to a question from Gillespie, Arvidson stated that the City was
not admitting guilt by offering a settlement, and further noted that, in
this case, settlement of $12,500 would be much cheaper than litigation.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
PERSONNEL: B. Noting that the Council had voted at the March 11, 1985,
meeting to reconsider Gillespie's motion relative to a repeal of Ordi-
nance No. 412, Cripps stated that the following motion was now on the
floor for consideration:
THAT THE ADMINISTRATION BE DIRECTED TO PREPARE AN ORDINANCE REPEALING
ORDINANCE NO. 412 FOR INTRODUCTION AT THE NEXT MEETING. (The motion had
failed when presented at the March 11, meeting.)
GILLESPIE MOVED TO TABLE THE MOTION INDEFINITELY; THE MOTION
WAS SECONDED BY SIMUTIS. Discussion followed on the "debatability" of a
motion to table indefinitely. GILLESPIE WITHDREW HIS MOTION TO TABLE.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND THE MOTION
FAILED WITH ALL COUNCILMEMBERS VOTING IN OPPOSITION TO THE MOTION.
Xl. NEW BUSINESS:
VFH/PERMITS: A. MEEHAN MOVED TO APPROVE THE APPLICATIONS FOR THREE
VEHICLE FOR HIRE PERMITS AS FILED BY MARY BELLENIR; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (March 20, 1985, memorandum
from Murphy recommending approval was noted.)
B. GILLESPIE MOVED TO GIVE ADVISORY CONSENT TO THE PEKING
RESTAURANT TO OBTAIN A BEER AND WINE LICENSE; THE MOTION WAS SECONDED BY
HILTON AND CARRIED WITH SIX "YES" VOTES AND SCHOLL VOTING "NO". (March
20, 1985, memorandum from Murphy was noted.)
XII. CITY MANAGER REPORTS:
Garzini reminded Council of the work session scheduled for
5:30, March 28, with the Planning Commission to discuss the Comprehen-
sive Plan.
XIII.
COUNCIL DISCUSSION:
WILLIAMS asked about the status of the RFP for campground fee
collection. Murphy stated that it was scheduled to appear in the next
Phoenix Log.
MEEHAN commented on the memorandum which had been distributed
to Council outlining upgrade costs for Lowell Point Road. He also asked
about the feasibility of having State teleconferences broadcast from
City Hall once again. Garzini explained that the local coordinator did
not wish to use Council Chambers and no other space was available in
City Hall.
PAGE 365
REGULAR MEETING - MARCH 27, 1985
VOLUME 20
GILLESPIE asked that the Administration actively enforce the
prohibition against extended camping.
HILTON noted that about one year ago the Council had approved
the concept of having a Fire Department Master Plan completed and asked
about the status of the Plan. Garzini stated that he had vetoed the
Fire Chief's request due to the $31,000 price tag attached. Hilton
asked that funds for a Master Plan be included in the FY86 budget.
I
SIMUTIS voiced her concern with campers on the beach and
stated that camping should be prohibited in any area that did not have
adequate restroom facilities. Simutis also asked that the street crews
remove some of the snow that had accumulated at the intersections on the
main highway. Finally, she stated that she found the Lowell Creek
Tunnel report distressful and hoped that the Administration would not
"let it slide". She advised the City to investigate the warranty on the
anvil top used in the tunnel.
CRIPPS commended the street department employees for the fine
job they had done in keeping up with snow removal during the month of
March. He also asked the City Manager for a status report on the
various mutual aid agreements between the City and other entities.
XIV. CITIZENS' DISCUSSION:
JAMIE ROSE, 407 Third Avenue, asked the Council to agree to
meet with him and representatives of ILWU concerning a proposed Port
Commission or Port Authority. He also asked to be placed on the next
agenda under "Citizens' Discussion with Prior Notice".
I
REX DAVIS, 336 Second Avenue, stated that the City employees
had selected an Advisory Committee comprised of 5 representatives to
meet with the Administration and to "start the ball rolling". He
reported that the Committee had conducted a survey and had found that
68% of the employees wanted a contract and union representation. He
noted that cards had been signed with 3 unions with the majority opting
for IBEW representation.
BEVERLY DARBYSHIRE, 304 Second Avenue, objected to the clause
in failed proposed Resolution No. 85-33 stating that any advisory
election on PERA would not be binding upon the Council. Arvidson
explained that the courts had held that the PERA issue could not be
decided by an initiative election. Darbyshire also objected to Resolu-
tion No. 85-14 and the Chamber's suggestion that the City install park
benches in the downtown area.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, objected to
the new vehicle for hire permit regulations.
DALE WILLIAMS, Bayview Manor Apartments, asked why the City
had not improved the amplification system in Council Chambers as in-
structed a month or so ago. Murphy explained that the system had been
adjusted. Garzini stated that the Council might have to install direc-
tional microphones to be better heard by the audience.
W. C. CASEY, 702 Third Avenue, supported the adoption of PERA
and stated that he was disappointed that Council did not vote to opt
back in. He stated that he hoped the City would adopt a fair system of
rules for employees.
I
JIM FOWLER, IBEW representative, asked that Council favorably
consider the resolution he had presented earlier. He added that employ-
ees had voted unanimously to approve the resolution. Gillespie stated
that the resolution would be placed on the next agenda for consid-
eration.
XV. ADJOURNMENT:
The meeting was adjourned at 10:05 p.m.
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REGULAR MEETING - MARCH 27, 1985
VOLUME 20
.~(~I
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Mayor
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<'0..l'~""0:J;n'-l.I) CALL TO
REGULAR MEETING - APRIL 8, 1985
VOLUME 20
ORDER:
The April 8, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Acting Mayor John F. Gillespie.
II. OPENING CEREMONY:
Councilmember Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Acting Mayor Gillespie and Councilmembers Hil-
ton, Scholl, Simutis and Williams
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Deputy City Manager
City Attorney Arvidson and City
SPECIAL ITEMS:
A. Gillespie introduced Junior Councilmember Elyssa Strong
and presented her with a City pin.
SISTER CITY: B. DAVID DIECKGRAEFF, representing the Seward International
Friendship Association, appeared before Council and introduced the four
local students chosen to participate in this summer's exchange program:
Darren Noble, Doug Fletcher, Audra Mai and Lisa Irvin.
IV. APPROVAL OF MINUTES:
Scholl noted that his motion to amend Resolution No. 85-14
(Page 362) had included the deletion of "to Seaway Express" in the fifth
"Whereas" clause.
HILTON MOVED TO APPROVE THE MARCH 27, 1985, MINUTES AS AMEND-
ED; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
SCHOLL MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOW-
ING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS CITY LITIGATION
AND A PERSONNEL MATTER; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED
UNANIMOUSLY. (The Executive Session was requested by Garzini.)
Murphy requested the deletion of Agenda Item No. VIII(C) and
the addition of Agenda Item No. VIII (D) -- A presentation by Carol
Griswold relative to cluster mail boxes. Gillespie requested the
addition of Agenda Item VIII(E) -- A presentation by Al Lakey, IBEW.
SCHOLL MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED
AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/SGH/S.TAX:
1.
Resolution No. 85-35, authorizing the transfer of sales
tax revenues to Seward General Hospital, was approved and
filed;
PAGE 367
RESO/PURCH:
RESO/IND.DEV. (Fshg): 3.
PURCH/EQUIP:
IC.ATTY:
FINANCE DEPT:
CON- 82 :
RE-_19 ~, ~:
ABCB:
FIRE DEPT:
IIIPUBLIC SAEFTY:
REGULAR MEETING - APRIL 8, 1985
VOLUME 20
2.
Resolution No. 85-36, authorizing a purchase order to
Dyna-Med, Inc., for the purchase of medical equipment for
the new ambulance, was approved and filed;
Resolution No. 85-37, in support of continued control of
fisheries wi thin the 200 mile zone, was approved and
filed;
4.
The purchase of a word processor for the City Manager's
secretary was approved and filed;
5.
March 22, 1985, invoice from Erwin, Smith, Garnett,
Jarrell & Moderow for legal services totalling $21, was
approved for payment and filed;
6.
April 4, 1985,
payable totalling
and filed;
Finance Department's list of accounts
$1,017,972.26, was approved for payment
7.
Change Order
transmission
filed;
No.1, NTE $4,402, to the R & M contract for
line ROW acquisitions was approved and
8.
Request for assignment of leases of Lots 3, 4, 5, & 8,
Block 1, Marina Subdivision, from Juris Mindenbergs to
Russ Pace was approved and filed;
...."'lCO.
9. Request for a letter of nonobjection to the transfer of
the Breeze Inn liquor license from Juris Mindenbergs to
Russ Pace was approved and filed;
10. Revised mutual aid agreement with Bear Creek Fire Depart-
ment was approved and filed; and
11. Status report on mutual aid agreements for fire, police
and emergency medical services was noted for information
and filed.
V1. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present.
VII. PUBLIC HEARINGS:
VII 1.
None.
CITIZENS' DISCUSSION: (With prior notice only)
A. LOUIS MARCH and MR. BALDWIN (Assembly of God Church)
appeared before the Council and suggested alternative means of reducing
the problem of unlawful discharge of fireworks within the City limits.
They recommended three proposals: 1) That a specific area be set aside
for the lawful discharge of fireworks (Fourth of July Creek beach was
suggested); 2) That a large sign be posted outside the city limits
indicating both where fireworks can legally be discharged and which
areas are off limits; and 3) That the City print a flyer containing this
information for distribution by the fireworks vendors. Garzini ex-
plained that the City was attempting to build an industrial area at
Fourth of July Creek and that eventually this area would be closed to
the public; therefore, creating a park-like atmosphere there would not
be advised. He added, however, that Proposals 2 & 3 made sense and
could be accomplished by the City. Scholl suggested that the City limit
the ban (possession and discharge of fireworks) to the downtown area.
Gillespie asked that the administration take another look at the problem
and work towards a compromise position.
FIREWORKS:
I
B. SHERRY MILLER, Lowell Point Road, appeared before the
Council and asked City support for Lowell Point Road area residents'
attempts to obtain funds for upgrading and maintaining the road. She
contended that, since a portion of the road lies within the city limits,
LPR:
,... ~~
0vo
PAGE 368
REGULAR MEETING - APRIL 8, 1985
VOLUME 20
the City should be obligated to maintain it. Gillespie explained that
the ROW was owned by the State, not the City, and any funding efforts
should be directed toward the State. Gillespie further explained that
the Council represents the citizens of Seward; therefore, its only
interest in Lowell Point Road was maintaining access to the Sewage
Treatment Plant. Miller stated that subdivisions should not have been
allowed in the area if road access was not to be provided and main-
tained. Williams countered that the responsibility for road access and
maintenance should rest with the developer of the subdivision, adding
that the City should not spend taxpayers' money to increase the property
values of those choosing to live in these subdivisions outside the City.
Williams also stated that the residents of Lowell Point Road chose to
live there knowing that the road was in poor condition and not main-
tained. She further stated that she had asked the Clerk to research
Miller's contention that the City had promised to maintain the road in
exchange for being allowed to purchase property for construction of the
Sewage Treatment Plant. Gillespie asked if the LPR residents had
considered forming a service district. Miller stated that they were
currently receiving minimal funds for maintenance of the roads south of
the STP. At the request of the Council, Garzini stated that he would
prepare a resolution outlining the City's concerns with respect to
Lowell Point Road.
C. Deleted
USPO:
D. CAROL GRISWOLD, 1412 First Avenue, appeared before the
Council and asked its support in opposing the Post Office's plans to
install "cluster boxes" in Seward. Griswold stated that she had ob-
tained over 500 signatures of those opposed to the boxes. She stated
that her primary concerns were: 1) Maintenance -- This would be the
responsibility of the property owner; 2) Vandalism and theft; 3) Aes-
thetics; and 4) Traffic congestion in the area where the boxes would be
placed. At the request of the Council, Garzini agreed to write a letter
to Robert Opinski, District Post Master, asking that the Post Office
conduct a public hearing to ascertain the public's feelings relative to
the proposed "cluster box" program. Scholl suggested that Griswold send
a copy of her petition to Senator Stevens.
PERSONNEL: E. AL LAKEY, IBEW employee, requested that his allotted time
be given to JIM FOWLER, IBEW organizer, and W. C. CASEY, City employee.
Fowler thanked the Council for passage of the March 27 resolution
allowing the employees to decide the union issue with an election.
However, he asked that the Council refrain from making statements to the
newspapers threatening the employees with loss of wages or jobs. He
claimed that such statements constituted "unfair labor practices".
Arvidson stated that the articles in question were not approved by the
Council as an official statement of that body but were the comments of
the Mayor as a private citizen giving a reasonable prediction and was
therefore protected under the "doctrine of fair comment".
Casey requested Council approval of the following: 1) That an
election be held on April 22, 1985, from 3 p.m. - 7 p.m. in the basement
of the Catholic Church (if available) to resolve the union issue; 2)
That the City Clerk be asked to sit through the election and verify the
results thereof; 3) That the City post notices of the election through-
out City work areas; and 4) That the results of the election be cer-
tified at the April 22, 1985, City Council Meeting.
Garzini stated that, prior to the election, he would like to
sit down with the employees to determine who would be eligible to vote.
Once that was accomplished, he would have no obj ection to the other
demands. Fowler stated that the City could challenge any ballot at the
time of the election. Challenged ballots would only be discussed and
opened if they could influence the outcome of the election. Arvidson
advised that going over the list at some time prior to the election
would only serve to speed things along.
RECESS: The meeting was recessed at 9 p.m.; reconvened at 9:10 p.m.
,"'" r ,...
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REGULAR MEETING - APRIL 8, 1985
VOLUME 20
Fowler agreed to meet with the City Manager on April 9 to
prepare an "eligibility" list for the upcoming union election. He
further agreed to coordinate election plans with the City Clerk.
SCHOLL MOVED TO APPROVE AN ELECTION RELATIVE TO UNION REP-
RESENTATION OF CITY EMPLOYEES TO BE CONDUCTED FROM 3 P. M TO 7 P. M. ,
APRIL 22, 1985, IN THE CATHOLIC CHURCH, AND THAT THE CITY PROVIDE
SUPPORT FOR THE ELECTION BY AN EMPLOYEE DESIGNATED BY THE CITY MANAGER;
THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
I
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
RESO/RE- 46: 1. Copies having been made available to the public,
---Gillespie noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A SHORT-TERM LEASE OF THE MIC
SHIPLIFT PLATFORM TO JOEL STEELMAN,
DBA SEWARD STEEL WORKS.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-38; THE MOTION WAS
SECONDED BY SIMUTIS.
I
Paul Diener, Engineering & Utilities Manager, explained that
two proposals had been received and that while both proposers were
qualified and reliable, Steelman guaranteed greater revenues to the
City. He recommended approval of the resolution.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
x.
UNFINISHED BUSINESS:
A. Postponed at the request of IBEW representative Jim
Fowler.
XI. NEW BUSINESS:
A. Postponed at the request of the City Manager. (Army and
Air Force representatives were not present as planned.)
XII. CITY MANAGER REPORTS:
I
A. Garzini noted that a copy of HR9 had been included in the
agenda packets. He stated that the purpose of the resolution was to
assure that natural gas prices to the electric utilities within the
State would not be increased to current market rate. He noted that such
an increase would serve to raise consumer rates for electricity through-
out Southcentral Alaska. Council, by consensus, gave approval for
Garzini to support the resolution.
XII 1.
COUNCIL DISCUSSION:
WILLIAMS asked that the administration enforce the City
ordinance prohibiting trailers outside of licensed trailer courts. She
noted that there were currently two trailers on Dairy Hill and one in
Forest Acres that should be moved.
SCHOLL asked that EMS coordination be included in the proposed
Fire Department Comprehensive Plan. He further suggested that the City
370
PAGE 370
REGULAR MEETING - APRIL 8, 1985
VOLUME 20
consider appointing a local advisory board to discuss EMS coordination
prior to hiring a consultant.
XIV. CITIZENS' DISCUSSION:
C. KEITH CAMPBELL, Forget-Me-Not Circle, Seward, spoke in
opposition to the City disposing of the Army/Air Force Recreation Camp
site for less than fair market value.
DALE WILLIAMS, Bayview Manor Apartments, complained about a
blanket of coal dust on the snow outside his apartment building.
ROBERT FACER, 317 Second Avenue, formally protested the
proposed prison construction.
XV. ADJOURNMENT:
The meeting was adj ourned at 9: 35 p. m., and, after a short
recess, convened in Executive Session to discuss current City litigation
personnel matter.
'?,
----------------------------------------------------------------
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
1.
CALL TO ORDER:
The April 22, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
11. OPENING CEREMONY:
flag.
Councilmember Simutis led the pledge of allegiance to the
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Hughes and City
SPECIAL ITEMS:
Cripps introduced Junior Councilmember Siri Strong and pre-
sented her with a City pin.
Bill Noll, Vice President of Suneel Alaska, Inc., appeared
before the Council and presented each of its members with a commemora-
tive plexiglass paperweight containing a reduced replica of the indus-
trial development bond executed by the City for construction of the coal
facility. Noll also presented paperweights to Garzini to be forwarded
to former Councilmembers Karen Swartz and Geoffrey Wilson.
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROVE THE APRIL 8, 1985, MINUTES AS
WRITTEN; THE MOTION WAS SECONDED BY HILTON AND CARRIED WITH SIX "YES"
VOTES AND MEEHAN ABSTAINING. (Meehan had not been present at the April
8 meeting.)
I
I
I
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PAGE 371
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
MEEHAN MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOW-
ING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS MATTERS UNDER
LITIGATION; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
(The Executive Session was called at the request of Garzini.)
Gillespie asked that Pat Williams be added to the agenda under
"Citizens' Discussion with Prior Notice". Murphy requested an addition
to the Consent Calendar as follows: "Mini Mall request for restaurant
designation to permit the serving and hiring of minors". Schollobject-
ed and asked that this item be placed on the regular meeting agenda as
Item No. XI(D). Cripps asked that Agenda Item No. X(B) be taken out of
order and considered at the close of the public hearing on the Bodine
Appeal.
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AS
AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED
BY WILLIAMS AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/LOWELL PT.
RD. / STREETS:
1.
Resolution No. 85-39, requesting a cooperative agreement
for maintenance and upgrade of Lowell Point Road was
approved and filed;
RESO/PARKS & REC
(Campgrounds):
2.
Resolution No. 85-40, setting camping fees for designated
camping areas was approved and filed;
C. ATTY :
3.
February 1985, invoice from HTGP&B for legal services
totalling $44,225.32, was approved for payment and filed;
AUDIT:
4.
Contract for professional services NTE $7500 to Bigler,
Kohler and Obendorf for updating the indirect overhead
rate charged to capital projects was approved and filed;
MIC/SPEC PROJ:
5.
Diener's recommendations for fish mitigation construction
at Jap Creek and Spring Creek (as permitted by the Corps
of Engineers) were approved as follows:
a.
Conditions
University
1985, were
of the right-of-entry offered by
of Alaska in its letter of April
accepted;
the
15,
PERMITS:
b.
Contract Change Order to the Acres/Hanscomb contract
to continue managing the Fourth of July MIC Fish
Mitigation Project through July 15, 1985, NTE $5,000
for management and administration and NTE $30,000 to
Jack Fisher to design and supervise construction
through that same period was approved;
CON- 050
c.
Requested authorization to accomplish construction
improvement in an amount NTE $65,000 to include the
use of force account labor, direct hire day labor,
rental of equipment, fabrication of a rock rake and
other miscellaneous expenses for equipment and
supplies, was approved;
MIC/SPEC PROJ/PURCH:
EASEMENT S :
6.
Acquisition of a ROW easement from Dan and Judy Rough,
Lot 1, Kelly Subdivision, for transmission line con-
struction was approved.
V1.
BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Representative Jonathan Sewall gave a
verbal account of the April 16, 1985, Borough Assembly meeting.
VII. PUBLIC HEARINGS:
P&Z/OTS:
A. Notice of public hearing as posted and published by law
to the BOARD OF ADJUSTMENT HEARING of the appeal of the Seward
Planning and Zoning Commission's decision to deny four vari-
Dennis and Shirley Bodine for a structure located on Lot 33,
relative
Advisory
ances to
<:'7!)
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PAGE 372
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
Block 23, Original Townsite of Seward, was noted and the public hearing
was opened.
DENNIS BODINE, Appellant, 219 Marathon Drive, appeared before
the Council and set forth his reasons for appealing the Commission's
decision. Bodine stated that he had purchased the property only after
Earl Cass (former owner) had applied for and received variances from the
Commission which would allow the type of construction he was proposing.
At the time, he was unaware of the 6-month time limit on unused vari-
ances; therefore, the variances granted to Cass had lapsed when con-
struction did not commence in a timely manner.
DUANE LEVAN, 429 Fourth Avenue, stated that he resided direct-
ly across from the property in question. He stated that he was not
opposed to construction in the neighborhood, but felt he must oppose
Bodine's request. He noted that the foundation/basement already in
place on the Bodine property was touching the property lines on three
sides. Any structure placed on the basement would be within 20" of the
house to the north and within 36" of the house to the south. He urged
Council to uphold the Commissions decision to deny the variances,
stating that the City should not vary from established setback require-
ments.
SHIRLEY BODINE, Appellant, 219 Marathon Drive, stated that she
had measured all setbacks on that block of Fourth Avenue and had found
that they all measured approximately 36' from the center of the roadway.
She added that the basement on her property was 37' from the centerline.
MARY KAISER, 424 Third Avenue, asked the Council to deny the
appeal. She contended that any structure placed on the existing base-
ment would create a fire hazard due to its close proximity to neighbor-
ing buildings.
DENNIS BODINE, Appellant, noted that downtown buildings are
built side by side with no ill effects. He added that fire retardant
materials could be used in construction to eliminate increased fire
hazard.
No one else appeared from the audience in order to be heard
and the public hearing was closed.
Cripps noted the following items which had been presented for
Council consideration in making its decision relative to the appeal:
1. April 18, 1985, memorandum from Murphy outlining proce-
dures;
2. January 23, 1985, letter from the Bodines stating their
intent to appeal;
3. Original application for variance (and attachments) as
filed by the Bodines;
4. December 27, 1985, memorandum from Kerry Martin recom-
mending denial of the variances;
5. January 10, 1985, letter from the Bodines reducing the
original request for variance (presented to the Commis-
sion on 01/16/85 when the 01/09 meeting was reconvened);
6. January 16, 1985, memorandum from Martin commenting on
the 01/10/85 letter from Bodine;
7. Portions of the P&Z minutes of 01/09/85 and 01/16/85;
8. Findings of Fact and Conclusions of Law relative to the
Commission's decision to deny the request for variances;
and
9. Various letters in support of and in opposition to the
requested variances.
PAGE 373
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
MEEHAN MOVED TO REVERSE THE DECISION OF THE PLANNING AND
ZONING COMMISSION TO DENY THE VARIANCES FOR A STRUCTURE LOCATED ON LOT
33, BLOCK 23, ORIGINAL TOWNSITE OF SEWARD, AS REQUESTED BY DENNIS AND
SHIRLEY BODINE; THE MOTION WAS SECONDED BY HILTON.
Gillespie, Williams and Scholl spoke in favor of upholding the
decision of the Commission. Williams and Scholl noted that the Commis-
sion had "done its homework" and the Council should stand behind its
Commission.
I
THE QUESTION WAS CALLED AND THE MOTION TO REVERSE THE DECISION OF THE
COMMISSION FAILED WITH ALL MEMBERS OF THE COUNCIL VOTING "NO". (The
decision of the Commission to deny the variances was upheld.)
x.
UNFINISHED BUSINESS:
*** TAKEN OUT OF ORDER ***
RE-"~/, ^.^~~ : . i d d S
~ "lI..w.- B. Administrative Assistant Kerry Mart1n ntro uce U. .
Army Col. Froehle and U. S. Air Force Col. Bolls who were in Seward to
discuss a proposed new lease for the Army/Air Force Recreation Camp
area. (It was noted that the Army lease was to expire momentarily; the
Air Force lease will expire in 4 years.)
I
FROEHLE stated that the Army had requested funding from NAF
(Non Appropriated Funds) for a $2.3 Million renovation of the Army Rec
Camp area. In order to be considered for the funding, the Army must
have an approved long term lease agreement with the City. Using an
artist's rendition, Froehle outlined the changes incorporated in the
proposed renovation. Froehle then explained the federal government's
position on long term leasing, stating that the total dollar value of
the lease could not exceed 50% of the fair market value of the property.
He added that, while he understood the Council's interest in obtaining
the greatest revenue possible for City properties, the money brought
into the community by the military rec camp was in excess of what could
be obtained through a fair market rental value lease. In order to
ascertain just how much money was spent in Seward by the servicemen
using the facility, he suggested that the Army and Air Force distribute
a questionnaire designed by the City to all military personnel upon
registration. The questionnaire could be deposited with the camp
commander at the close of each participant's stay at the camp. At the
close of the season, the information from the questionnaires could be
compiled and presented to the City. In response to a question from
Hilton, Froehle stated that the Army had been moving toward the project-
ed renovation since the City first expressed concerns about the aesthet-
ics of the camp in 1982. He stated that construction should take place
in 1987. This construction was slated to include several single family
chalets and duplexes. Froehle added that the 6th Light Infantry was
moving to Alaska, increasing the military population by over 3000. He
noted that this would increase the use of the facility in Seward.
BOLLS stated that, although the Air Force had another 4 years
remaining on its lease, it intended to begin its renovation effort prior
to expiration. Bolls reaffirmed the Air Force's commitment to Seward.
He then presented Col. Canfield who outlined the Air Force's renovation
plan which would be phased over a 5-year period. He noted that plans
for this season included renovation of the mess hall building.
I
GILLESPIE stated his concern that the Federal government was
being given a preferential lease rate while private citizens were
required to pay fair market value. He noted that these tourist-related
businesses, especially those located in the Small Boat Harbor area, also
brought people and money into the community.
HILTON stated that he was concerned about leasing the property
at less than fair market value given the fact that the :t25 acres
involved would not be on the tax rolls. He added that, at a time when
the federal government is cutting back on aid to states and
municipalities and telling local governments to generate revenues
locally, it seems inconsistent to refuse to pay full market rental value
for property it leases from local governments.
eF7 ..
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PAGE 374
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
SIMUTIS stated that it was important to remember that the Rec
Camp had stayed in Seward through the lean times and that, just because
more prosperous times are on the horizon, now is not the time to forget
those who have played a part in Seward's past.
SCHOLL stated that it was important that the lease contain a
"time certain" date for completion of the renovation. He added that it
was important that the City look at its new comprehensive plan before
entering into a new lease agreement to determine how it (the Rec Camp)
fits into City plans.
In response to questions from Meehan, Froehle stated that the
Army would be willing to add language to the lease which would guarantee
that the planned renovation would take place within five years. He also
noted that it would probably be possible to get a waiver on the 50-year
term normally considered the minimum lease term, but in no event would a
lease term of less than 25 years be acceptable. In addition, Froehle
assured the Council that there would be no objection to a clause in the
lease which would terminate the lease should the Army fail to operate
the camp for a period of one year.
At the request of the Council, Garzini agreed to arrange for a
work session to discuss a proposed lease following the completion of
further negotiations between the City and the Army/Air Force.
CRIPPS MOVED THAT THE ADMINISTRATION CONTINUE THE NEGOTIATIONS
WITH THE REPRESENTATIVES OF THE ARMY AND AIR FORCE WITH A VIEW TOWARDS
RESOLVING THE PROBLEMS ADDRESSED BY THE COUNCIL; THE MOTION WAS SECONDED
BY SIMUTIS AND CARRIED UNANIMOUSLY.
RECESS: The meeting was recessed at 9:10 p.m.; reconvened at 9:20 p.m.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
DAY CARE: A. KURT NELSON, representing the Gateway Children's Center
Board of Directors, appeared before the Council and requested its
support of the Center's attempts to obtain state funding for the pur-
chase of a suitable facility to house its day care operations. He noted
that the Center needed approximately $200,000 to meet its immediate
needs. (Nelson explained that the Center's lease was expiring and the
current lessor had refused to renew.) WILLIAMS noted that Gateway was
running a "first class operation" and added her support for the project.
She added, however, that the City should purchase the facility and lease
it to Gateway. Garzini stated that the request for such a small sum
would not affect the City's capital requests. He added that he would
not object to the City being a vehicle for the "pass through" of money
NTE $200,000 for the day care center.
**
CRIPPS stated that he would like the Council to make a policy
decision relative to "Citizens' Discussion". He noted that
the Code limited placement under that Agenda Item to citizens
and taxpayers of the City. He recommended that, in the
future, nonresidents of the City be required to make a written
request to the Mayor for placement on the Agenda. The Mayor
would then be able to decide whether the individual should be
heard. He added that he further intended to begin to enforce
the time constraints set forth in the Code, giving each
speaker or group 5 minutes.
LOWELL PT.RD: B. PAUL PAQUETTE, Lowell Point Road, reiterated his concerns
for the condition of Lowell Point Road. He stated that he was not
satisfied with the resolution previously approved by Council. He added
that the main problem with the road was the sewer line and therefore,
the City should be responsible for upgrading and maintaining that
portion of the road.
PERSONNEL (lBEW): C. JIM FOWLER, IBEW Business Representative and Organizer,
asked that the Council take Agenda Item XI(A) [certification of employee
election] out of order and consider it immediately. There being no
objection from the Council, the Mayor agreed to take the item out of
order.
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REGULAR MEETING - APRIL 22, 1985
VOLUME 20
Xl.
NEW BUSINESS:
**TAKEN OUT OF ORDER**
A. HILTON MOVED TO CERTIFY THE RESULTS OF THE EMPLOYEE
ELECTION AS PRESENTED; THE MOTION WAS SECONDED BY SIMUTIS.
I
Murphy noted her April 22, 1985, memorandum which had been
distributed to Council just prior to the start of the meeting. She
stated that of the 36 employees qualified to vote, 34 qualified votes
had been cast along with 8 questioned votes. The qualified votes had
been counted and tallied by the Election Judge, Sanna LeVan, Fowler and
Murphy, with the results as follows: 28 YES votes and 6 NO votes.
Since the questioned ballots could not affect the outcome of the elec-
tion, those ballots had not become an issue and had, therefore, not been
counted.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
VII 1.
CITIZENS' DISCUSSION: (Cont'd)
GREENBELT/CAMP- D. PAT WILLIAMS, 600 Monroe Street, appeared before the
GROUNDS: Council and made several suggestions regarding the operation of the
greenbelt as a camping area. She noted that, living adjacent to the
area, she has been confronted with many unpleasant sights and suggested
that the Council establish some rules and regulations to protect the
beauty of the area and the health and safety of tourists and residents
of Seward alike.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SEWARD CITY CODE SECTION 5-80.1(D)
RELATIVE TO CHARGES FOR ELECTRICAL
SERVICE IN THE SMALL BOAT HARBOR.
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 538; THE MOTION WAS
SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (Public hearing was set for
May 13, 1985.)
B. Ordinances for Public Hearing and Enactment:
ORD/ELECTIONS: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 8-24 (A) OF THE SEWARD CITY
CODE REGARDING OPENING AND CLOSING OF
THE POLLING PLACE.
I
Notice of public hearing as posted and published by law was
noted. Cripps stated that this ordinance would mandate that the polls
open at 7:00 a.m. in conformance with State and Borough election regu-
lations. The public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 537; THE MOTION WAS
SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
C. Resolutions:
RESO/NPRHA: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROVING
376
PAGE 376
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
APPLICATION FOR PRELIMINARY LOAN FOR
MUTUAL HELP HOUSING AND AUTHORIZING A
COOPERATIVE AGREEMENT WITH NORTH
PACIFIC RIM HOUSING AUTHORITY.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-41; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Garzini noted that this
resolution was reaffirmation of Council's earlier decision to approve
the additional units of mutual help/subsidized housing.)
X.
UNFINISHED BUSINESS:
A. MEEHAN MOVED TO TABLE DISCUSSION AND ACTION ON THE IBEW
REQUEST FOR LOCAL EMPLOYEE RELATIONS ORDINANCE UNTIL THE NEXT REGULAR
MEETING; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
B. Taken out of order and considered previously on Page 373.
XI. NEW BUSINESS:
A. Taken out of order and considered previously on Page 375.
CON-13Z/C.COUNCIL/B. Cripps noted the KRXA proposal to broadcast Council
RADIO: meetings at the rate of $40/hour and Murphy's memorandum estimating the
semi-annual cost for regular meetings to be $1440. MEEHAN stated that
he was in favor of the idea of broadcasting the meetings but added that
it should be done as a public service. He noted that the City does not
subsidize the Phoenix Log by paying a reporter to sit through and report
on Council meetings. SIMUTIS and GILLESPIE voiced support for the
proposal. WILLIAMS stated that she did not see a public need or public
support for the service. Garzini noted that public meetings broadcast
over the radio are typically very hard to follow, even by those who are
familiar with the public meeting process and the issues. SCHOLL sug-
gested that the meetings be broadcast on a trial basis to see if there
was some public interest. HILTON asked that the radio station attempt
to obtain sponsors for the broadcast to offset City cost. Further dis-
cussion followed.
HILTON MOVED TO APPROVE THE KRXA PROPOSAL TO BROADCAST REGULAR
MEETINGS OF THE CITY COUNCIL ON A THREE-MONTH TRIAL BASIS WITH A SURVEY
TO BE CONDUCTED AT THE END OF THE THREE MONTHS TO DETERMINE PUBLIC
SUPPORT; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED WITH SIX "YES"
VOTES AND MEEHAN VOTING "NO".
CON-llL/P&R(Camp- C. April 17, 1985, memorandum from Parks & Recreation
grounds) pirector John Noble recommending award of the contract for campground
fee collection to Dala Andrijanoff was noted.
SIMUTIS stated that she had some concerns about the RFP
process employed by the City. She stated that guidelines for the RFP
should have been distributed, noting that different information had
apparently been given to different responders. She also asked about the
propriety of a City employee receiving the contract. Garzini stated
that Andrijanoff would be required to resign his position as City
custodian if awarded the contract. In response to Simutis' concern
about the RFP process, Garzini noted that this was the first RFP handled
by the Recreation Department. He stated that he (Garzini) had prepared
a set of written guidelines for preparation of the proposals, but Noble
had failed to distribute them. Instead, he had given verbal
instructions to any who inquired. Cripps asked Counsel's opinion given
the facts presented by Simutis and Garzini. Hughes stated that, while
it is usually safer to rebid when there is any hint of impropriety, the
cost of doing so would cost more than the value of the contract. She
added that she had never seen an RFP for a job of this size.
Garzini noted that Andrijanoff' s proposal called for a flat
$7,000 fee to be paid to the City for the right to collect campground
fees for the period May 15 - September 8, 1985, with an option to renew
for the 1986 contract season. In addition, Andrijanoff would provide
litter control in designated camping areas, at the Fourth Avenue ball-
fields and in the Seventh Avenue Tot Lot, as well as janitorial service
PAGE 377
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
in the public restroom facilities. At the end of the season, he had
agreed to compile statistical information taken from the camper regis-
tration forms for presentation to the City and the Chamber of Commerce.
WILLIAMS stated that the City had received a good proposal
despite the problems with the RFP process. She recommended that the
Council approve the requested award to Andrijanoff, but advised the
Administration that it should more closely supervise the handling of
RFP's in the future.
I
MEEHAN MOVED TO AWARD THE CAMPGROUND FEE COLLECTION CONTRACT
TO DALA ANDRIJANOFF AS PROPOSED; THE MOTION WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY.
ABCB (Mini Mall): D. An application to the Alcoholic Beverage Control Board as
filed by Jean Leer requesting a restaurant designation for the Mini Mall
was noted. In response to a question from Scholl, Garzini explained
that the only change to existing regulations as related to the Mini
Mall's operations would be a provision allowing Ms. Leer to hire minors
to work in the kitchen area.
MEEHAN MOVED TO APPROVE THE APPLICATION AS FILED BY LEER FOR
RESTAURANT DESIGNATION FOR THE MINI MALL; THE MOTION WAS SECONDED BY
GILLESPIE AND CARRIED UNANIMOUSLY.
XII. CITY MANAGER REPORTS:
BUDGET:
GARZINI outlined the FY86 budget process, stating that City
Department Heads had been required to make some rather drastic cuts in
their initial requests for funding in order to keep the operating budget
within projected revenues without raising property taxes. He noted that
bringing budget figures within line would mean possible personnel cuts,
but the projected decrease in state funding coupled with a decline in
state-funded projects and the attendant revenues from administrative
overhead made this necessary. Garzini then distributed copies of the
proposed budget to the Council. He stated that he would schedule a work
session and two public hearings on the budget.
I
XII 1.
COUNCIL DISCUSSION:
None
XIV. CITIZENS' DISCUSSION:
VIRGINIA DARLING, Fourth Avenue, Seward, suggested that the
City do away with the Recreation Department if it were interested in
saving money. She also complained about the condition of the Seventh
Avenue camping area and noted that one tent had been in place for at
least a month and should be removed.
BOB VALDATTA, Seward, once again asked the Council to consider
the formation of a Port Commission.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, stated that he
had applied for nonprofit status for his limousine service. He also
asked the Council to extend the Rec Camp leases.
I
DALA ANDRIJANOFF, Fifth and Adams, stated that he intended to
guarantee a clean, neat summer camping season now that the contract for
campground fee collection had been awarded to him.
DALE WILLIAMS, Bayview Apartments, asked about the status of
the Community Center funds appropriated by the State. Garzini stated
that $211,000 was still in the City treasury, adding that the City was
obligated to spend the money on the Community Center.
ROBERT B. FACER, Third Avenue, Seward, stated that it was not
a good idea to broadcast Council meetings over the radio.
n....,,~
,'5/(",
PAGE 378
REGULAR MEETING - APRIL 22, 1985
VOLUME 20
XV. ADJOURNMENT:
The meeting was adjourned at 11:05 p.m. and, after a short
recess, the Council reconvened in Executive Session to discuss City
litigation.
lUt,//i .
I t:P~"'" v L L /l~"
Donald W. Cripps
Mayor
---------------------------------------------
VOLUME 20
The May 13, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Hilton led the pledge of allegiance to the flag.
111. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
Present also: City Manager Garzini, City Attorneys Hughes and
Lucas and City Clerk Murphy
SPECIAL ITEMS:
A. Cripps introduced Junior Councilmember Ty Wilson and
presented him a City pin.
B. Cripps presented a $500 check and a plaque in recognition
of outstanding service to the City to Water & Sewer Systems Operator
Loyd Welch, third quarter recipient of the Employee Incentive Award.
IV. APPROVAL OF MINUTES:
SIMUTIS MOVED TO APPROVE THE APRIL 22, 1985, MINUTES AS
WRITTEN; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Garzini requested the deletion of Consent Calendar Item No. 7
(Approval of a word processor for the Harbor Office). There being no
further deletions or additions to the agenda or consent calendar,
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AS PRESENTED AND
THE CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY MEEHAN AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/DAY CAREiBUDGET: 1.
Resolution No. 85-42, authorizing a $10,000 loan to
Gateway Children's Center, was approved and filed;
RESO/IND.DEV:
2.
Resolution No. 85-43, urging the phase-out of foreign
fishing and processing in the U. S. FCZ off Alaska, was
approved and filed;
RESO:
3.
Resolution No. 85-44, in support of a bid by Southcentral
Alaska to host the 1992 Winter Olympics, was approved and
filed;
PAGE 379
RESO/FINANCE: 4.
RESO/DAY CARE: 5.
RESO/RE-034 : 6.
I
7.
C.ATTY: 8.
EASEMENTS/
TRANS.LINE:
FIREWORKS/
C OF C:
PERMITS:
OTS:
I
PROCLAMATIONS: 13.
REGULAR MEETING - MAY 13, 1985
VOLUME 20
Resolution No. 85-45, authorizing the City's participa-
tion as a merchant in the Master Charge credit card
program, was approved and filed;
Resolution
State day
filed;
No. 85-46, authorizing participation in the
care assistance program, was approved and
Resolution No. 85-47, approving Supplemental Agreement
No. 4 authorizing a 4-month lease extension to the Army,
was approved and filed;
DELETED
May 1, 1985, invoice from Gross & Burke totalling $1575;
April 23, 1985, invoice from Erwin, Smith, Garnett,
Jarrell & Moderow totalling $21.23; and March 1985
invoice from HTGP&B totalling $29,552.27, were approved
for payment and filed;
9.
Proposed acquisition of
for transmission line
filed;
ROW easement from R. T. Crowley
construction was approved and
10. Chamber of Commerce request for permission to discharge
fireworks on July 4, 1985, was approved and filed;
11.
for games of skill and chance as
Lodge #1773 was filed without
Application for permit
filed by Seward Elks
objection;
12.
Request for letter
structure located
Townsite of Seward,
and filed; and
of nonobjection to encroachment of a
on Lots 39-40, Block 16, Original
as filed by Henry Chung, was approved
May 13-19, 1985, was proclaimed Seward Clean-up Week, and
May 1985, was proclaimed Mental Health Month.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative was not
present at the time this agenda item was called. He report was given
later in the evening. (See Page 386.)
VII. PUBLIC HEARINGS:
A. Notice of public hearing as published and posted by law
relative to a long term lease at less than fair market value of the Army
Rec Camp property to the Department of the Army Corps of Engineers for
use by the U. S. Army as a military recreation facility was noted and
the public hearing was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, spoke in favor
of the proposed lease.
No one else appeared in order to be heard and the public
hearing was closed.
I
B. Notice of public hearing as published and posted by law
relative to a long term lease at less than fair market value of the Air
Force Rec Camp property to the Department of the Army Corps of Engineers
for use by the Air Force as a military recreation facility was noted and
the public hearing was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, spoke in favor
of the proposed lease.
No one else appeared in order to be heard and the public
hearing was closed.
()QO.
~v
PAGE 380
REGULAR MEETING - MAY 13, 1985
VOLUME 20
C. Notice of public hearing as published and posted by law
relative to the disposal by quit claim deed of two buildings at less
than fair market value to the Department of the Army Corps of Engineers,
representing the U. S. Air Force, said buildings being identified as the
Main Building or Mess Hall and a 20' x 40' quonset hut located within
the Air Force Rec Camp, was noted and the public hearing was opened; no
one appeared from the audience in order to be heard and the public
hearing was closed.
D. Notice of public hearing as published and posted by law
relative to the sale at fair market value of t1375 sq. ft. of vacated
alley ROW between Lots 3-7 and Lots 34-38, Block 11, Laubner Addition,
(located on the cliff overlooking the Lagoon) to Real Daigle and Gerald
Briske, was noted and the public hearing was opened; no one appeared in
order to be heard and the public hearing was closed.
E. Notice of public hearing as published and posted by law
relative to a multi-year lease at fair market value of the blue metal
building and t6,000 sq. ft. of land located adjacent to and south of the
Small Boat Harbor Launch Ramp and located wi thin Block 6, Oceanview
Subdivision, to Steve Hackett and Megs Testarmata, dba Alaska Treks n
Voyages, was noted and the public hearing was opened.
BRAD SNOWDEN, 525 Sixth Avenue, appeared before Council and
noted that he had applied for a lease of the blue building and the
22,000 sq. ft. of land surrounding it. His proposal had included plans
for a mini golf course and sports equipment rental, to be opened for
operation in Spring 1986.
MEGS TESTARMATA, Alaska Treks ~ Voyages, stated that her
business would be offering kayak rentals and guided tours of the Bay and
Kenai Fjords.
No one else appeared in order to be heard and the public
hearing was closed.
F. Notice of public hearing as pub lished and posted by law
relative to a multi-year lease at fair market value of Commercial Booth
Site No. 1 in the Small Boat Harbor Waterfront Boardwalk area within
Block 6, Oceanview Subdivision, (between "B" and "n" float ramps) to J.
B. Bennison, dba Alaska Star Charters and Tours, for the purpose of
providing space to ticket and coordinate sightseeing tours and other
tourist-related services, was noted and the public hearing was opened.
BRAD SNOWDEN, 525 Sixth Avenue, appeared before Council and
stated that he had bid for Booth Site No. 1 but had been given Booth
Site No.2. He added that, since he intended to sell food from his
booth and eventually would need a hook-up to water and sewer if he
wished to expand his operation, he would prefer Site No 1. (He noted
that Site No.1 was 15-20 feet closer to water and sewer hook-ups.)
J. B. BENNISON, Alaska Star Charters & Tours, appeared before
the Council and stated that he needed access for unloading his tour
buses. He added that he would prefer Site No.1.
NOTE: Kerry Martin later explained
agenda contained a printing error.
recommended that Snowden receive the
getting Site No.2.
that the public hearing notice and
Actually, his review committee had
lease for Site No.1, with Bennison
No one else appeared in order to be heard and the public
hearing was closed.
G. Notice of public hearing as posted and published by law
relative to a multi-year lease at fair market value of Commercial Booth
Site No.2 to Brad Snowden, dba Snowden's Seafood Shack, for the purpose
of selling food and beverage items was noted and the public hearing was
opened.
I
I
I
PAGE 381
REGULAR MEETING - MAY 13, 1985
VOLUME 20
BRAD SNOWDEN, 525 Sixth Avenue, appeared and explained that he
would need time to consider whether he would accept Site No. 2 as a
lease site.
NOTE: See Note above.
No one else appeared in order to be heard and the public
hearing was closed.
H. Notice of public hearing as published and posted by law
relative to a proposed restructuring of utility rates was noted and the
public hearing was opened.
CHUCK LECHNER, Seward, appeared before Council and spoke in
opposition to the proposed increase in electrical rates.
OSCAR BAILEY, Seward, also complained about the proposed rate
increase.
KEITH CAMPBELL, Forget-Me-Not Circle, Seward, noted that he
had voted in favor of bonding the new powerline. He praised the City
for restructuring the new tariff in such a way that costs are to be
borne more equitably. He added that the rate increase was defensible
and needed.
No one else appeared in order to be heard and the public
hearing was closed.
I. Notice of public hearing as published and posted by law
relative to the FY86 operating budget was noted and the public hearing
was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, asked ques-
tions about the size of the Police Department budget. Garzini noted
that copies of the complete budget fully explaining all departmental
budgets were available for public review. Christolear then noted that
the police should have foot patrols in the downtown area giving tickets
for illegal U-turns.
VIRGINIA DARLING, Seward, stated that the Police Department
had taken great strides in its efforts to stop U-turns downtown. She
said that foot patrols have been evident in the past two weeks.
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. JIM FOWLER, IBEW Organizer, and W. C. CASEY, City employ-
ee, appeared before the Council and asked that Council approve the
employee relations ordinance which Fowler had earlier presented to the
Council. Fowler stated that the ordinance had been reviewed and ap-
proved by the Department of Labor. He noted a letter from ADL stating
that the adoption of this ordinance would not subject the City to State
control under the terms of PERA. Fowler further advised the City that
the IBEW would initiate legal action against the City if the ordinance
proposed for introduction later in the evening was acted upon.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/CAMPING: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REVISING
CODE PROVISIONS FOR CAMPING ON
PRIVATELY OWNED LOTS.
rl'.........")
,Jut.,
PAGE 382
REGULAR MEETING - MAY 13, 1985
VOLUME 20
HILTON MOVED TO INTRODUCE ORDINANCE NO. 539; THE MOTION WAS
SECONDED BY SIMUTIS.
Scholl asked if the enactment of this ordinance would allow
tent camping on the hillsides and wooded areas within the City. Murphy
explained that this ordinance was intended to clarify existing Code
provisions in an attempt to reflect what the framers of the Trailer
Ordinance had originally intended. She added that this ordinance would
restrict tent and camper camping on private property to the RR Zone,
unzoned districts and camper parks operating under a City permit.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(Public hearing was scheduled for May 29, 1985.)
ORD/PERSONNEL: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CONCERN-
ING COLLECTIVE BARGAINING WITH CITY
EMPLOYEES.
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 540; THE
MOTION WAS SECONDED BY SIMUTIS.
Gillespie stated that the Council had been accused of acting
in bad faith with respect to bargaining with City employees. He asked
Casey (W. C. Casey, City Employee) to explain the union's objection to
the proposed ordinance. Casey stated that the ordinance was unconstitu-
tional, citing the ordinance's reference to "limited rights" and the
administration's right to determine the bargaining unit. Garzini
explained that unit determination deals not with people but with the
classes of positions within each unit. As an example, he stated that
the City should have the right to determine whether public safety
personnel should be included in the same bargaining unit with clerical
and support staff.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(Public hearing was scheduled for May 29, 1985.)
RECESS: The meeting was recessed at 8:25 p.m.; reconvened at 8:39 p.m.
B. Ordinances for Public Hearing and Enactment:
ORD/SBH: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SEWARD CITY CODE SECTION 5-80.1(D)
RELATIVE TO CHARGES FOR ELECTRICAL
SERVICE IN THE SMALL BOAT HARBOR.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed. Cripps noted the April 15,
1985, memorandum from City Comptroller Bob Peirson explaining that
provisions for billing for electrical services in the Boat Harbor had
been repealed by Ordinance No. 504.
GILLESPIE MOVED TO ENACT ORDINANCE NO. 538; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
C. Resolutions:
RESO/RE-Q34 : 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A LONG-TERM LEASE AT LESS THAN
PAGE 383
REGULAR MEETING - MAY 13, 1985
VOLUME 20
FAIR MARKET VALUE TO
OF THE ARMY, CORPS
AGENTS OF THE U. S .
PURPOSE OF OPERATING
CAMP ON LOT 3, TRACT
NO. 242.
THE DEPARTMENT
OF ENGINEERS,
ARMY, FOR THE
AN ARMY TRAVEL
A, U.S. SURVEY
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-48; THE MOTION WAS
SECONDED BY SCHOLL.
I
Gillespie stated that he would be unable to support the
resolution, noting his opposition to "tying up" prime property for 30
years. Scholl and Meehan stated their desire to see improvements to the
property completed as soon as possible, with Scholl objecting to the
term "substantially completed" (in reference to promised improvements)
in Section 13 of the lease.
MEEHAN MOVED TO AMEND THE RESOLUTION BY DELETING THE WORD
"SUBSTANTIALLY" FROM SECTION 13 OF THE ATTACHED LEASE; THE MOTION WAS
SECONDED BY SCHOLL AND CARRIED WITH SIX "YES" VOTES AND GILLESPIE VOTING
"NO".
THE QUESTION WAS CALLED ON THE MAIN MOTION (APPROVAL OF THE
RESOLUTION AS AMENDED) AND THE MOTION PASSED WITH SIX "YES" VOTES AND
GILLESPIE VOTING "NO".
RESO-RE-035 : 2. Copies having been made available to the public,
-crrpps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A LONG-TERM LEASE AT LESS THAN
FAIR MARKET VALUE TO THE DEPARTMENT
OF THE ARMY CORPS OF ENGINEERS,
AGENTS FOR THE U. S . AIR FORCE, FOR
THE PURPOSE OF OPERATING AN AIR FORCE
RECREATION CAMP ON A PORTION OF LOT 1
AND ALL OF LOT 2, TRACT A, U.S.
SURVEY NO. 242.
SCHOLL MOVED TO APPROVE RESOLUTION NO. 85-49; THE MOTION WAS
SECONDED BY WILLIAMS.
HILTON MOVED TO AMEND THE RESOLUTION BY INCLUDING A "WHEREAS"
CLAUSE EXPRESSING COUNCIL'S INTENT THAT APPROVAL OF THE LEASE IS CONTIN-
GENT UPON THE AIR FORCE COOPERATING WITH THE CITY TO CORRECT TRAFFIC
PROBLEMS AT THE MESS HALL; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED
UNANIMOUSLY. (City Attorney Mary Hughes stated that she would draft
the appropriate language to be inserted in the resolution.)
SCHOLL MOVED TO AMEND THE RESOLUTION BY DELETING THE WORD
"SUBSTANTIALLY" FROM SECTION 13 OF THE ATTACHED LEASE; THE MOTION WAS
SECONDED BY HILTON AND CARRIED WITH SIX "YES" VOTES AND GILLESPIE VOTING
"NO".
THE QUESTION WAS CALLED ON THE MAIN MOTION (APPROVAL OF THE
RESOLUTION AS AMENDED) AND THE MOTION PASSED WITH SIX "YES" VOTES AND
GILLESPIE VOTING "NO".
I
RESO/RE-034 : 3. Copies having been made available to the public,
trrIpps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING DISPOSAL, AT LESS THAN FAIR
MARKET VALUE, OF TWO BUILDINGS TO THE
DEPARTMENT OF THE ARMY, CORPS OF
ENGINEERS, ACTING FOR THE U. S. AIR
FORCE.
,:'(').0'1
PAGE 384
REGULAR MEETING - MAY 13, 1985
VOLUME 20
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-50; THE MOTION WAS
SECONDED BY SCHOLL.
MEEHAN MOVED TO AMEND THE ATTACHED QUIT CLAIM DEED BY INSERT-
ING A REVERSIONARY CLAUSE (returning buildings to the City if not used
by Air Force); THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANI-
MOUSLY.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND CARRIED UNANI-
MOUSLY.
RESO
4. Copies having been made available to the public,
~ps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE DISPOSAL OF A PORTION OF THE
VACATED ALLEY RIGHT-OF-WAY WITHIN
BLOCK 11, LAUBNER ADDITION, BY
NEGOTIATED SALE AT FAIR MARKET VALUE
TO REAL DAIGLE.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-51; THE MOTION WAS
SECONDED BY SIMUTIS.
Hilton objected to this proposed resolution, noting that Mr.
Daigle had not yet complied with the terms and conditions of the Condi-
tional Use Permit for construction of an apartment complex granted by
the Planning and Zoning Commission well over a year ago. Williams
agreed that transfer of this particular property should be contingent
upon Daigle's compliance with existing permits obtained from the City.
WILLIAMS MOVED TO AMEND THE RESOLUTION BY MAKING THE TRANSFER
OF PROPERTY CONTINGENT UPON DAIGLE COMPLYING WITH THE TERMS OF THE
CONDITIONAL USE PERMIT GRANTED FOR THE APARTMENT HOUSE NORTH OF THE
AMERICAN LEGION HALL; THE MOTION WAS SECONDED BY HILTON AND CARRIED
UNANIMOUSLY.
Scholl asked if vacation of the alleyway would interfere with
access to lots below this parcel. Administrative Assistant Kerry Martin
explained that all adjacent property owners would continue to have
access to their property.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND CARRIED UNANI-
MOUSLY.
RESO/RE-049 : 5. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE LEASE OF COMMERCIAL WATER-
FRONT PROPERTY KNOWN AS THE OLD ARMY
BOAT DISPATCH BUILDING TO STEVE
HACKETT AND MEGS TESTARMATA, DBA
ALASKA TREKS N VOYAGES.
Administrative Assistant Kerry Martin presented a brief
history of the boardwalk project. He recommended approval of the three
boardwalk leases.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-52; THE MOTION
WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
RESO/RE- 048 : 6. Copies having been made available to the public,
~r1pps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE LEASE OF COMMERCIAL WATER-
FRONT SPACE IN THE SEWARD SMALL BOAT
PAGE 385
REGULAR MEETING - MAY 13, 1985
VOLUME 20
HARBOR TO J. B. BENNISON, DBA ALASKA
STAR CHARTERS AND TOURS.
Administrative Assistant Kerry Martin noted that the public
hearing notice and the agenda were in error. Bennison had been awarded
a lease of Site No.2; Site No. 1 was to be leased to Brad Snowden (See
Resolution No. 85-54). He noted that amendments were not necessary
since the resolutions and leases were correctly worded.
I
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-53; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
RESO/RE-047 : 7. Copies having been made available to the public,
~ps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE LEASE OF COMMERCIAL WATER-
FRONT SPACE IN THE SEWARD SMALL BOAT
HARBOR TO BRAD SNOWDEN, DBA SNOWDEN'S
SEAFOOD SHACK.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-54; THE MOTION WAS
SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (Note Martin's comments
in agenda item above.)
RESO/ELEC.DEPT: 8. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ESTAB-
LISHING RATES AND CHARGES FOR ELEC-
TRIC POWER FOR THE PERIOD COMMENCING
MAY 15, 1985.
I
HILTON MOVED TO APPROVE RESOLUTION NO. 85-55; THE MOTION WAS
SECONDED BY SCHOLL.
In response to a question from Scholl, Diener noted that
completion of the improvements to the transmission line would greatly
reduce power fluctuations. Meehan stated that he found the proposed new
rates to be fair. Simutis noted that the City electorate had voted to
"foot the bill" for the transmission line improvements knowing that it
would mean an increase in electric rates. She added that extra costs
had been placed primarily upon business users.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
x.
UNFINISHED BUSINESS:
PERSONNEL: A. MEEHAN MOVED TO ADOPT THE ORDINANCE INTRODUCED TO THE
COUNCIL BY JIM FOWLER, IBEW ORGANIZER; THE MOTION WAS SECONDED BY
HILTON.
Cripps noted the April 4, 1985, memorandum from Murphy recom-
mending no action by the Council since the Council had granted employee
rights equal to those under PERA with the adoption of Resolution No.
85-34.
I
THE QUESTION WAS CALLED AND THE MOTION FAILED WITH ALL CO UN-
CILMEMBERS VOTING "NO".
SEN/COMjCENTER/
WTRFRNT SITE FOR
TRCTS: WILLIAMS.
B.
THE
GILLESPIE MOVED TO APPROVE WATERFRONT TRACTS 2 & 3 AS A
SENIOR/COMMUNITY CENTER; THE MOTION WAS SECONDED BY
Diener stated that the Senior/Community Center Advisory
Committee had met to review its options following the voters' decision
to place Tracts 5 & 6, Waterfront Tracts, (original site selection) in
the Greenbelt. The sites reviewed were Seward General Hospital, City
Shop property and Waterfront Tracts 2 & 3; Kumin had recommended the
n - "
000
PAGE 386
REGULAR MEETING - MAY 13, 1985
VOLUME 20
waterfront area. In response to a question from Hilton, Garzini ex-
plained that, until a site was selected, the administration could not
proceed with the development of a plan or budget for the project.
Simutis objected to the suggested site, stating that this was a prime
industrial area and location of a Senior Center on the property was not
the highest and best use of the land.
THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE "YES"
VOTES, SIMUTIS VOTING "NO" AND WILLIAMS ABSTAINING. (Williams stated
that she owned property directly across from this parcel and could
potentially benefit from the placement of a Community Center there.)
XI. NEW BUSINESS:
CON---..l3..3-: A. MEEHAN MOVED TO APPROVE THE AWARD OF A CONTRACT NOT TO
EXCEED $26,400 TO CH2M HILL FOR PROFESSIONAL SERVICES FOR TRANSMISSION
LINE INSPECTION; THE MOTION WAS SECONDED BY SCHOLL AND CARRIED UNANI-
MOUSLY. (Cripps noted May 6, 1985, memorandum from Diener recommending
approval of the contract.)
CON- 102 : B.
- CONSTRUCTORS,
HILTON.
SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 TO POWER
INC., NOT TO EXCEED $97,035; THE MOTION WAS SECONDED BY
Diener explained that several design changes had made this
change order necessary. He added that the changes reflected changes in
quantities of items listed in the contract and the change order covered
the accumulative sum of all quantity changes to date.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
C. Cripps noted the April 26, 1985, memorandum from City
Clerk Murphy requesting that Council reschedule the meeting scheduled
for May 27 (Memorial Day). The Council instructed the Clerk to set the
meeting for 7:30 p.m., Wednesday, May 29, 1985.
SLAC:
D. Cripps noted the April 22, 1985, letter from the Kenai-
Soldotna Women's Resource and Crisis Center requesting funding and the
April 30, 1985, memorandum from Garzini recommending that Council direct
any funding for mental health services to SLAC (Seward Life Action
Council) . The Council instructed the Clerk to send a letter to the
Crisis center expressing the Council's support for the facility but
adding that, since the mental health needs of the Seward community are
met by SLAC, all funding for those services would be granted directly to
SLAC.
XII. CITY MANAGER REPORTS:
A. Garzini noted the April 22, 1985, memorandum from Harbor-
master Foster Singleton relative to Council's suggestion that Fourth
Avenue be extended through the Harbor to Airport Avenue. Garzini added
that he had contacted a planner in Anchorage who suggested that a viable
alternative to extending Fourth Avenue (and increasing traffic in the
Harbor area) was to change the traffic flow at the intersection of
Airport Avenue and the Seward Highway. (A drawing was displayed showing
the proposed new layout of the intersection.) Meehan objected to this
approach and asked that the Administration continue with plans to extend
Fourth Avenue.
B. Garzini noted the April 25, 1985, letter from the U. S.
Post Office District Manager Robert J. Opinski asking that Council make
a decision relative to placement of cluster boxes in Seward. The
Council directed the Clerk to schedule a public hearing on this issue
for the next meeting and to invite Mr. Opinski or his representative to
attend to answer questions from the Council and the public.
VII 1.
BOROUGH ASSEMBLY REPORT: **TAKEN OUT OF ORDER**
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall, having arrived late, gave an oral report of the Assembly meeting
of May 2, 1985.
PAGE 387
REGULAR MEETING - MAY 13, 1985
VOLUME 20
XIII.
COUNCIL DISCUSSION:
SCHOLL stated that the Council had appointed City Attorney
Fred Arvidson as its union negotiator and all correspondence or dialog
from union members should be directed to him.
I
MEEHAN complimented the City's lobbying team in Juneau for
their efforts in gaining support for the prison, with a special thanks
to Louis Bencardino. Meehan also explained that he did favor broadcast
of Council meetings by the radio, but still felt it should be done as a
public service.
SIMUTIS suggested that the City investigate extending harbor
hours to make showers and other facilities available to the public in
the evenings.
CRIPPS recommended that Councilmembers receive compensation
for time spent out of town and away from their jobs. He added that, if
such a policy was adopted, it should go into effect after the October
election.
XIV. CITIZENS' DISCUSSION:
JONATHAN SEWALL, Forest Acres, complimented Police Officer
Bond and Dispatcher Liles for their prompt response to his call through
the 911 emergency number.
W. C. CASEY, 702 Third Avenue, read aloud an April 24, 1985,
letter from the Alaska Department of Labor to Garzini and the attached
ordinance which IBEW had proposed. In response to his questions con-
cerning the City Attorney's opinion relative to the ordinance, Cripps
stated that this was not the proper forum for such a discussion.
I
CHUCK LECHNER, 235 Sixth Avenue, once again complained about
the increase in City electric rates. He also commended Simutis on her
remarks relative to Boat Harbor operations.
VIRGINIA DARLING, Brown & Hawkins Apartments, complimented the
Council on its decision to conduct a public hearing on the cluster box
issue. She noted that, as a local businesswoman, she would welcome
business delivery of mail. She further stated that many people were
unable to easily get to the post office and home delivery would benefit
them greatly.
VICTOR STOLTZ, 614 Fourth Avenue, stated that he sympathized
with the town's need to have a child care center, but felt that the City
should not be competing with local banks by making a loan to Gateway
Children's Center. Williams explained the Center's difficulty, as a
nonprofit group, in obtaining funds through a bank making it necessary
to seek funds for the downpayment elsewhere.
KEITH CAMPBELL, Forget-Me-Not Circle, suggested that the City
consider using the IMS building as a Senior Center since cuts in state
funding would mean closing the facility (IMS) next fiscal year.
MEG TESTARMATA stated that the 5% Mastercard fee should not be
passed on to cash customers in the Boat Harbor.
I
W. C. CASEY, 702 Third Avenue, stated that while he supported
the idea of the Day Care Center, he felt property owners (in the vicini-
ty of the property about to be purchased by Gateway) should have been
notified prior to the City taking any action. Williams stated that
Gateway had been forced to act quickly in order to "tie up" the proper-
ty.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, commented on
several Council actions taken earlier in the evening.
XV. ADJOURNMENT:
-.. ~.., ~'.,
'-; '.........
PAGE 388
REGULAR MEETING - MAY 13, 1985
VOLUME 20
The meeting was adjourned at 11 :00 p.m., and after a short
recess, the Council reconvened in Executive Session in order to discuss
matters under litigation.
( 1/-//:/
c" tJ~df%:L~ L /}..:s
Donald W. Cripps
Mayor
1.
CALL TO ORDER:
The May 29, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
Ill. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
Present also: City Manager Garzini, City Attorneys Arvidson
and Lucas, Deputy City Manager Schaefermeyer
and City Clerk Murphy
IV. APPROVAL OF MINUTES:
None available for approval
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Scholl asked to amend the Consent Calendar by moving Item No.
6 (approval of contract with Robert M. Nelson) to the Regular Meeting
Agenda, Item No. XI(A). Garzini added three items to the Consent
Calendar: 9) Proposed Resolution No. 85-63, designating the Fourth of
July Creek Campground; 10) Proposed Change Order No. 2 to the Kumin
contract for additional Senior/Community Center design work; and 11)
Proposed Resolution No. 85-64, requesting an RDA grant for the purchase
of radio equipment for the Police Department.
IT WAS MOVED BY GILLESPIE TO APPROVE THE REGULAR MEETING
AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY
WILLIAMS AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/BUDGET:
1.
Resolution No. 85-56, amending the FY85 budget, was
approved and filed;
RESO/PRISON/
BUDGET:
2.
Resolution No. 85-57, appropriating $25,000 from the
General Fund-Fund Balance to Prison Planning & Construc-
tion Capital Project No. 223000, was approved and filed;
RESO/SBH:
3.
Resolution No. 85-58, appropriating $15,000 from the
Harbor Fund-Fund Balance to the Harbor Boardwalk Capital
Project No. 212000, was approved and filed;
RESO/ELEC.DEPT:
4.
Resolution No. 85-59, repealing Resolution No. 82-65
regarding the electric surcharge, was approved and filed;
5.
Resolution No. 85-60, supporting development of an alpine
skiing area on the Kenai Peninsula, was approved and
filed;
RESO/P&R:
PAGE 389
REGULAR MEETING - MAY 29, 1985
VOLUME 20
6. **MOVED TO REGULAR MEETING AGENDA ITEM NO. XI(A).**
FINANCE DEPT:
7.
May 17, 1985,
payable totaling
and filed;
Finance Department's list of accounts
$1,768,447.49, was approved for payment
ABCB:
8.
ABCB notice of application for a new restaurant/ eating
place designation to allow for the employment and serving
of minors, was filed without objection;
I
RESO/CAMPING/
P&R:
9.
Resolution No. 85-63, designating the Fourth of July
Creek campground, was approved and filed;
CON- 116
10. Change Order No. 2 in the amount of $8,991.25, to the
Kumin contract for additional work on the Senior/Com-
munity Center project, was approved and filed; and
RESO/GRANTS/
POLICE DEPT:
11. Resolution No. 85-64, requesting an RDA grant for the
purchase of radio equipment for the Police Department,
was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the May 21-23, 1985, meeting of the
Assembly.
VII. PUBLIC HEARINGS:
I
A. GORDON HOMME, representing the U. S. Post Office, ap-
peared before the Council and briefly described the cluster box method
of home delivery of mail. In response to a question from Garzini, he
stated that home delivery and business delivery were linked together in
such a way that one could not be instituted without the other.
Gillespie inquired about the feasibility of delivering to individual
homes rather than cluster boxes; Homme responded that this would not be
an option. In response to questioning by Hilton, Homme stated that the
Post Office would work with the City in determining the location of the
cluster boxes and would attempt to accommodate property owners in the
selection process. He further stated that maintenance of the area
around the boxes (snow removal, keeping the area clear of vehicles,
etc.) would be the responsibility of the property owner, not the Post
Office.
Notice of public hearing as posted and published was noted and
the public hearing was opened. Cripps noted that he had received two
letters in support of cluster boxes and one opposed.
HARRY DREW, Executive Director of the Chamber of Commerce,
stated that the Chamber had polled its members and had found that while
a maj ority of those members favored business delivery, they did not
favor the use of cluster boxes.
MARGE BLANKENSHIP, Manager of Bear Mountain Apartments, stated
that North Pacific Rim Housing Authority had asked her to speak in favor
of the cluster box system.
I
RUTH MCHENRY, 510 First Avenue, spoke in opposition to cluster
boxes, stating that she was opposed to those renting post office boxes
subsidizing free cluster box delivery.
JUDY MCDONALD, 607 Sixth Avenue, also spoke in opposition to
the cluster boxes. She noted the problems property owners would experi-
ence during adverse weather conditions and added that she was concerned
about the appearance of the boxes themselves.
FRED MOORE, Mile 3.5, Seward Highway, was also opposed to the
cluster boxes. He stated that those living outside the City had no
choice but continue to rent post office boxes and would therefore
experience a sharp increase in box rent to subsidize home delivery for
Seward residents.
.') ~'1' t
PAGE 390
REGULAR MEETING - MAY 29, 1985
VOLUME 20
CAROL GRISWOLD, 412 First Avenue, opposed the cluster box
system because of the increased traffic that would be created by the
boxes and the appearance of the boxes. She noted that 531 boxholders
had signed a petition asking that cluster boxes not be installed in
Seward.
JUDI ANDRIJANOFF, Fifth and Adams Streets, asked about mainte-
nance and repair of the boxes. Homme stated that the Post Office would
have someone available locally to take care of all repairs.
No one else appeared in order to be heard and the public
hearing was closed.
WILLIAMS noted that Martha Mault, Bayview Manor, had left a
letter stating that a majority of the residents of the apartment complex
supported cluster box delivery.
In response to a question from GILLESPIE, Homme stated that
the Post Office would only institute this new service if the Council
approved the idea. He added that time was not a factor and the City
could request initiation of the service at any time in the future.
Homme also stated that there would be no increase in box rents if the
cluster box system was not installed.
Cripps instructed the Clerk to schedule this item for action
on the June 10, 1985, agenda.
B. Cripps noted that a budget work session had been sched-
uled for 7:00 p.m., Thursday, June 6, 1985.
Notice of public hearing relative to the FY86 operating budget
as posted and published by law was noted and the public hearing was
opened.
PAT O'BRIEN, Birch Street, Forest Acres, had several questions
about the FY86 budget. He noted that the City should more carefully
chart actual City overhead expenses for projects and attempt to get the
overhead figure back to 13%. He also suggested that the maintenance
budget for television become an on-going account so that surpluses could
be carried over from year to year. O'Brien further stated that the City
should consider having the Fire Chief prepare the City-wide fire pro-
tection plan rather than contracting for it. O'Brien closed by compli-
menting the Finance Department for this year's budget format and presen-
tation.
No one else appeared in order to be heard and the public
hearing was closed. Cripps stated that action would be taken on the
budget at the June 10, 1985, meeting.
Vll 1.
CITIZENS' DISCUSSION: (With prior notice only)
NONE
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
:'ORD/PERSONNEL:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REPEALING
AND RE-ENACTING SECTION 17-10.9 OF
THE SEWARD CITY CODE RELATIVE TO
ANNUAL LEAVE.
GILLESPIE MOVED TO INTRODUCE AND SET PUBLIC HEARING ON ORDI-
NANCE NO. 541; THE MOTION WAS SECONDED BY SIMUTIS.
City Comptroller Bob Peirson explained that the City budgets
annual leave as it is earned. However, leave is paid to the employee at
PAGE 391
REGULAR MEETING - MAY 29, 1985
VOLUME 20
the rate the employee is being paid at the time the leave is taken.
Therefore, the value of employee accrued annual leave appreciates each
time the employee gets a pay increase. Peirson contended that the City
should realize some savings by allowing the employees to cash-out annual
leave. Garzini stated that the ordinance would allow a cash-out only in
case of a documented financial emergency.
I
Gillespie expressed his suppport for the ordinance, stating
that the employees had earned the leave and should be able to use it as
each employee saw fit. Hilton objected to Peirson's contention that the
City would be saving money with this plan. He stated that, should the
employee get cash for annual leave, the City would, in effect, be paying
the employee more than had been budgeted since the employee would be
getting salary plus money for leave. Simutis favored the concept but
felt that there should be no restrictions on the cash-out. Scholl
objected to acting on any personnel issues until IBEW bargaining is
completed. He also stated that employees need to take leave time
annually to insure good mental health. Williams concurred, stating that
a "time-out" usually creates more productivity. Murphy explained that
this ordinance would not affect the individual employee's obligation to
take a minimum of 120 leave hours per year.
THE QUESTION WAS CALLED AND THE MOTION PASSED WITH SIX "YES"
VOTES AND HILTON VOTING "NO".
B. Ordinances for Public Hearing and Enactment:
ORD/CAMPING:
1. Copies having been made available to
Cripps noted by title only a proposed ordinance entitled:
the public,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REVISING
CODE PROVISIONS FOR CAMPING ON
PRIVATELY OWNED LOTS.
I
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
GILLESPIE MOVED TO ENACT ORDINANCE NO. 539; THE MOTION WAS
SECONDED BY HILTON.
MEEHAN stated that he could not support the ordinance in its
present form since it discriminated against smaller property owners.
Williams stated that the time limit should be reduced to 30 rather than
60 days. She also objected to limiting this type of camping to RR and
Un zoned districts. Murphy stated that the purpose of this ordinance was
to clarify the present code provision. The present Code allows camping
in all districts except RR and Unzoned districts. However, the intent
of the original framers of the trailer ordinance had been to limit
camping on private lots to RR and Unzoned districts since these lots are
typically larger than R1 lots. Williams agreed that camping should not
be allowed on the smaller 3D-foot lots. Scholl noted that this ordi-
nance merely clarified the existing Code.
THE QUESTION
GILLESPIE, HILTON AND
WILLIAMS VOTING "NO".
WAS CALLED AND THE MOTION PASSED WITH CRIPPS,
SCHOLL VOTING "YES" AND MEEHAN, SIMUTIS AND
I
ORD/PERSONNEL: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CONCERN-
ING COLLECTIVE BARGAINING WITH CITY
EMPLOYEES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
.-.,
1.;;~.... ~
PAGE 392
REGULAR MEETING - MAY 29, 1985
VOLUME 20
JIM FOWLER, IBEW Business Representative, noted a letter he
had sent to Council earlier stating that the proposed ordinance was
unconstitutional. He warned that the IBEW would bring suit against the
City if this ordinance was enacted.
W. C. CASEY (City Employee), 702 Third Avenue, stated that the
majority of the employees represented by IBEW concurred with Fowler. He
urged the Council to defeat the proposed ordinance.
No one else appeared in order to be heard and the public
hearing was closed.
MEEHAN MOVED TO ENACT ORDINANCE NO. 540, CONCERNING COLLECTIVE
BARGAINING WITH CITY EMPLOYEES; THE MOTION WAS SECONDED BY WILLIAMS.
Gillespie stated that the Council's legal firm had found no
legal problems with the proposed ordinance. Meehan stated that this
ordinance would protect the rights of all employees, including those who
did not wish to be represented by the union. He noted that Resolution
No. 85-34 had promised the protection of those not wanting to be
represented by the union, adding that Fowler had praised Council for
approving that particular resolution.
Scholl stated that he was in support of the intent of the
ordinance but had some problems with the wording. Specifically, he was
concerned with reference to "limited" rights in the first "Whereas"
clause. Arvidson explained that removing this word would infer that the
City wished to grant "unlimited" rights to the union employees. He
noted that even PERA imposed limits on employees in that the right to
strike was not granted.
SCHOLL MOVED TO DELETE SUBSECTION "c" OF SECTION 1 OF THE
ORDINANCE; THE MOTION WAS SECONDED BY HILTON.
Scholl explained that he did not view a strike by City employ-
ees as an act equivalent to rebellion against the government. Arvidson
explained that this section nearly delineated the theories commonly put
forth to justify denial of the right of public employees to strike.
This theory (Subsection C) was just one of many given.
SCHOLL ASKED TO WITHDRAW HIS MOTION TO AMEND; HILTON CON-
CURRED.
Cripps noted the May 23, 1985, letter from City Attorney
Thomas Lucas outlining the background which led to the Council's deci-
sion to introduce the proposed ordinance, the beliefs and goals of the
Council that guided the formulation of the labor policy reflected in the
proposed ordinance, and an explanation of the ordinance itself. He
instructed the Clerk to make the letter available to the public for
review.
THE QUESTION WAS CALLED AND THE MOTION TO ENACT ORDINANCE NO.
540 CARRIED UNANIMOUSLY.
C. Resolutions:
RESO/SBH: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, SETTING
FEES FOR THE SEWARD MUNICIPAL SMALL
BOAT HARBOR AND RESCINDING ALL PRIOR
RESOLUTIONS IN CONFLICT HEREWITH.
Cripps noted that two typographical errors existed in the
resolution which should be corrected prior to Council taking action: 1)
Page 6, Section 3, Subsection II, should be amended to read $0.1006, and
2) Page 8, Attachment A, "Tampering with..... .meter seal" should be
amended to read $500.
.~().~
f} f ,,)
PAGE 393
REGULAR MEETING - MAY 29, 1985
VOLUME 20
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-61; THE MOTION WAS
SECONDED BY WILLIAMS.
I
Simutis objected to the comment in the staff memorandum that
Seward rates are lower than other area rates. Peirson explained that
the difference in rates was negligible. Peirson noted that there were
two major changes in this tariff: 1) Electrical charges would now
appear in the Harbor Tariff, rather than the Electrical Tariff, and 2) A
3% increase had been included to offset the bank charges for accepting
credit card payment of Harbor fees. In response to a question from
Simutis, Peirson stated that he hoped to effect changes in the City's
computer system within 4 to 6 weeks to allow for a discount to cash
customers.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
RESO/PRISON: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE ADMINISTRATION TO ENTER INTO
A TORA FOR PLANNING AND CONSTRUCTING
THE SPRING CREEK CORRECTIONAL CENTER.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-62; THE MOTION
WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
X.
UNFINISHED BUSINESS:
None
I
XI. NEW BUSINESS:
CON- .112-: A. SCHOLL MOVED THAT THE CITY RETAIN MUNICIPAL ADVISORY
(PRISON) SERVICES PURSUANT TO THE TERMS OF THE PROFESSIONAL SERVICES AGREEMENT
PRESENTED TO COUNCIL RELATIVE TO THE EARLY ADMINISTRATIVE WORK ON THE
PRISON PROJECT; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANI-
MOUSLY.
XII. CITY MANAGER REPORTS:
GARZINI noted the May 28, 1985, letter from City Attorney Mary
Hughes exploring methods by which Seward General Hospital employees
could become eligible to opt out of the Social Security system and
participate in PERS (State Retirement System). The letter explained
that the Hospital would have to transfer its assets to the City. The
City would then employ the nonprofit corporation currently operating the
hospital to manage the hospital for the City. The corporation would
hire an administrator and other professional staff; all other employees
would be employees of the City. The letter raised several questions
which the City should answer prior to approving the acquisition of the
hospital. Garzini stated that the issues raised could be easily re-
solved. Arvidson stated that he would draft an ordinance for introduc-
tion at the June 10 meeting authorizing the acquisition and operation of
the hospital by the City.
I"
GARZINI reminded Council that a budget work session had been
scheduled for Thursday, June 6, beginning at 7:00 p.m. He also noted
that he had called a special meeting for June 5, at Noon, in order to
select an underwriter for the prison funding project.
XII 1.
COUNCIL DISCUSSION:
on the
Public
GILLESPIE inquired about the status of the rebar and concrete
beach at Seventh Avenue; Diener stated that he had instructed the
Works Department to take care of the situation.
MEEHAN stated that the late night parties at the campground at
Fourth of July should be controlled. He also asked that the City
consider upgrading the Ferry Dock. Meehan further stated that he
~
t)~4
PAGE 394
REGULAR MEETING - MAY 29, 1985
VOLUME 20
considered IBEW's actions delaying tactics and he hoped the employees
could see this for what it was. He also asked the employees to take
control of the situation and prevent IBEW's threatened suit against the
City.
SCHOLL stated that the Council had recently been called
Unamerican by two groups. He noted that the City is under no obligation
to hear the concerns expressed by the residents of Lowell Point since
they were not members of the Council's governmental unit. Scholl also
asked that the Council enforce the ordinance prohibiting open containers
in public places, specifically in the area of the Little League Field.
WILLIAMS noted that the Council had appropriated $15 Thousand
for construction of the Boardwalk in the Small Boat Harbor. She asked
that the City strictly enforce the building codes when building with
public funds.
CRIPPS publicly thanked Jerry Blair and Bill Alloway of the
American Legion for their efforts in putting up and taking down flags
throughout the year. He also noted that the Veteran's Center in Kenai
would have on display a replica of the Viet Nam memorial in Kenai on
June 17 & 18. Cripps, too, expressed dismay at charges that the Council
was acting unlawfully. He noted that the City attorneys have indicated
that there is nothing unlawful in the ordinance that was enacted earlier
in the evening. He urged the IBEW employees to begin the bargaining
process immediately.
XIV. CITIZENS' DISCUSSION:
DALE WILLIAMS, Bayview Manor, complimented the Council on the
decisive actions taken during the evening's meeting. He stated that the
City had identified a "fine set of priorities" in the new budget, but
stressed the need for a "real dock" for the Ferry and cruise ships.
PAT O'BRIEN, Birch Street, Forest Acres, thanked the Council,
the City Manager and the Street Department for the prompt action that
was taken on the road in Dairy Hill following his complaints about its
condition. He also stated that he was tired of hearing "outsiders"
disrupting the meetings and hoped the Council would continue in its
decision to hear only from citizens of Seward.
XV. ADJOURNMENT:
The meeting was adjourned at
10:00 p.m.
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~~v<Yt:'~At~;;394 '1,/ SPECIAL MEETING - JUNE 6, 1985 VOLUME 20
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1. CALL TO ORDER:
Donald W. Cripps
Mayor
The June 6, 1985, special meeting of the City Council was
called to order at 7:02 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
I
I
I
PAGE 395
SPECIAL MEETING - JUNE 6, 1985
VOLUME 20
111. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Simutis and Williams (Absent with Council
consent were Councilmembers Meehan and Scholl)
Present also: City Manager Garzini and City Clerk Murphy
IV. SPECIAL ITEM:
CON- 134: A. Garzini noted the June 5, 1985, letter from Councilmember
(PRISON) Scholl relative to the selection process which led to the recommendation
of two firms to underwrite the prison financing. (The letter was
distributed to Council prior to the meeting.) He then introduced Bob
Nelson, the City's agent in coordinating the early administrative and
financial aspects of the project, and Don Grimes, representing First
Southwest, the City's financial advisor. Nelson and Grimes explained
the financing process and the advantage of hiring an underwriter "early
in the game". Since the underwriter would be marketing the Certificates
of Lease Participation (COP's), the firm(s) selected would help to
structure the financing and lease package so that the package was
marketable. Grimes noted that four firms had been interviewed by the
review panel, consisting of Grimes, Nelson, Eric Wohlforth (Bond
Attorney), Bob Peirson (Comptroller) and Garzini. The review panel
recommended that the Council select the firms of Prudential-Bache as
Senior Underwriter and Goldman Sachs as Co-senior Underwriter. Grimes
noted that having two underwriters was not unusual and added that the
two firms would share the fee, thus creating no additional cost to the
City. Grimes further explained that, with negotiated financing, the
interest rate and fee for the underwriters' services would be determined
at the time of sale. He noted that as the City's financial advisor, it
would be his job to make sure at that time that the rate charged was the
market rate. Cripps noted that the City's dealings with Grimes and
Wohlforth in the past had been profitable to the City. He recommended
following their recommendation at this time.
GILLESPIE MOVED TO SELECT PRUDENTIAL-BACHE AND GOLDMAN SACHS
RESPECTIVELY AS SENIOR AND CO-SENIOR UNDERWRITERS FOR THE SPRING CREEK
CORRECTIONAL FACILITY PROJECT; THE MOTION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIMOUSLY.
Garzini noted for the benefit of the public present that the
COP's did not represent a liability of the City.
V.
ADJOURNMENT:
The meeting was adjourned at
7: 45 -{";Dl'r
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Donald W. Cripps
Mayor
(City
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Clerk
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PAGE 1
REGULAR MEETING ~ JUNE 10, 1985
VOLUME 21
1
I
1.
CALL TO ORDER:
The June 10, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
Ill. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPECIAL ITEM:
Cripps presented a Certificate of Conformance to Joe Gale,
retired City Finance Director, awarded by the Government Finance Offi-
cers Association of the United States and Canada, recognizing the City
for excellence in its financial administration.
I
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROVE THE MAY 13 & 29 AND JUNE 6, 1985,
MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY HILTON AND CARRIED
UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, MEEHAN MOVED TO MEET IN
EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS IN
ORDER TO DISCUSS MATTERS UNDER LITIGATION; THE MOTION WAS SECONDED BY
SCHOLL AND CARRIED UNANIMOUSLY.
Garzini requested the addition of the following Item No. 5 to
the Consent Calendar: Award of City forms bid to the low bidder (Moore
Business Forms). Cripps asked that the regular agenda be amended by
adding the following Item XII(A): Letter from Ruth McHenry concerning
the dedication of Two Lakes Park.
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY MEEHAN AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/C.MANAGER:
1.
Resolution No. 85-65, setting the salary for the City
Manager, was approved and filed;
I
C. ATTY:
2.
Attorney bills for Baily & Mason ($363.24 - April legal
services) and HTGP&B ($25,411.43 - April invoices) were
approved for payment and filed;
"
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PAGE 2
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
FIRE DEFT/USCG:
3.
One year mutual aid agreement with the U. S. Coast Guard
as presented by Fire Chief John Gage was approved and
filed;
PROCLAMATIONS:
4.
Proclamation naming June 16-22, 1985, "Safety in the Work
Place Week" was noted for information and filed; and
BIDS/PURCH:
5.
A contract for a one-year supply of City utility bills
and receipt forms was awarded to the low bidder, Moore
Business Forms.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the latest Borough Assembly meeting.
VII. PUBLIC HEARINGS:
A. Notice of public hearing as posted and published by law
PH/RE-lfLi-elative to a proposed annual lease of the "Old Depot" building and
preferential use of the Fourth Avenue Dock for the purpose of operation
of the M/V Tustumena to the State of Alaska Marine Highway System was
noted and the public hearing was opened.
DAWN GRINROD, Bayview Manor, asked the Council to support the
Teen Center's request that the old Ferry depot be dedicated for use as a
new Teen Center.
KEN SETTERS, 610 Fifth Avenue, also spoke in favor of housing
the Teen Center in the Ferry Depot.
No one else appeared in order to be heard and the public
hearing was closed.
PH/RE-3~ : B. Notice of public hearing as posted and published by law
relative to a proposed extension of the lease agreement with Resur-
rection Bay Television, Inc., for joint use of the City's satellite
receiving station was noted and the public hearing was opened; no one
appeared in order to be heard and the public hearing was closed.
PH/BUDGET:
opened.
C.
Public hearing on the proposed FY86 Operating Budget was
W. C. CASEY, 702 Third Avenue, asked if the new budget called
for cuts in City personnel. Cripps noted that the elimination of some
positions would probably translate to some personnel cuts. Casey stated
that he "hoped this would not affect the quality of City services".
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
3
PAGE 3
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
I
LOCAL ORGS: A. GAIL SELA, C Street, appeared before the Council and
stated that the Pre-Hospital Emergency Services Advisory Board was a
newly formed organization whose goal it was to promote communication
between local emergency services agencies. Scholl asked if those
working on the Fire Dept. Comprehensive Plan would be contacting this
group. Garzini explained that the Fire Dept. is now developing a new
Civil Defence Plan for the City and would be involving this group and
others. Sela noted that the PHESAB would keep Council apprised of its
activities.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/ELECTlONS: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTIONS 8-10 AND 8-17(B) OF THE CITY
CODE RELATIVE TO CANDIDATE QUALIFICA-
TIONS FOR ELECTIVE OFFICE AND PUBLI-
CATION OF NOTICE OF ELECTIONS.
I
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 542; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Public hearing was
scheduled for June 24, 1985)
Cripps noted the June 6, 1985, memorandum from Murphy explain-
ing conflicts in the existing elections ordinance and the City Charter
which would be eliminated with the enactment of this ordinance.
ORD/ANlMAL CONTROL: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 4-29 OF THE CITY CODE RELA-
TIVE TO ANIMAL CONTROL CITATIONS.
SCHOLL MOVED TO INTRODUCE ORDINANCE
WILLIAMS AND CARRIED UNANIMOUSLY.
June 24, 1985.)
NO. 543; THE MOTION WAS SECONDED BY
(Public hearing was scheduled for
Cripps noted the June 6, 1985, memorandum from Murphy explain-
ing the conflict in the existing animal control code and State Statutes
which would be eliminated with the enactment of this ordinance.
ORD/SGH: 3. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, TO
ACQUIRE AND OPERATE PUBLIC HEALTH
4
PAGE 4
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
FACILITIES INCLUDING SEWARD GENERAL
HOSPITAL.
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 544; THE MOTION WAS
SECONDED BY GILLESPIE.
HILTON MOVED TO TABLE INTRODUCTION OF THE ORDINANCE TO A TIME
INDEFINITE; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
Hilton asked Arvidson to prepare a charter amendment which
would create a relationship between the hospital and the City government
modeled after the School Board/Borough Assembly and which would allow
hospital employees to participate in PERS.
ORD/FIREWORKS: 4. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 15-18 OF THE CITY CODE
RELATIVE TO POSSESSION OF FIREWORKS.
HILTON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 545; THE MOTION WAS
SECONDED BY SIMUTIS.
Hilton stated that the City Manager had prepared the subject
ordinance at his (Hilton's) request. He stated that this was not an
effort to infringe on the rights of private citizens, but to control the
unlawful discharge of fireworks in Seward on July 4. Garzini noted the
high risk of fire in the downtown area and the Small Boat Harbor.
Meehan added that he was opposed to a previous ordinance banning pos-
session in the City, but could support this one.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(Public hearing was scheduled for June 24, 1985.) Garzini noted that he
would have proposed amendments limiting the ordinance to specific areas
of town for Council's consideration at the next meeting.
B. Ordinances for Public Hearing and Enactment:
ORD/PERSONNEL: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REPEALING
AND RE-ENACTING SECTION 17-10.9 OF
THE SEWARD CITY CODE RELATIVE TO
ANNUAL LEAVE.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
W. C. CASEY, 702 Third Avenue, appeared before the Council and
spoke in favor of the proposed ordinance.
-I
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REGULAR MEETING - JUNE 10, 1985
VOLUME 21
No one else appeared in order to be heard and the public
hearing was closed.
HILTON MOVED TO APPROVE ORDINANCE NO. 541; THE MOTION WAS
SECONDED BY GILLESPIE.
Gillespie questioned the requirement that a financial emergen-
cy exist prior to the annual leave cash out. Williams and Scholl
objected to the cashout, stating that it was important that each employ-
ee actually take his leave each year.
GILLESPIE MOVED TO AMEND THE PROPOSED ORDINANCE BY DELETING
"IN DOCUMENTED CASES OF UNFORESEEN FINANCIAL EMERGENCIES" AND BY ADDING
A SENTENCE AS FOLLOWS: "ENACTMENT OF THIS SECTION WILL NOT AFFECT THE
REQUIREMENT THAT EMPLOYEES TAKE AT LEAST 120 HOURS OF ANNUAL LEAVE PER
YEAR"; THE MOTION WAS SECONDED BY HILTON.
Meehan objected to acting on any personnel issues until after
negotiations are completed with IBEW. Williams, Hilton and Cripps
agreed. GILLESPIE WITHDREW HIS AMENDMENT; HILTON CONCURRED.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND IT FAILED TO
CARRY WITH ONLY SCHOLL AND GILLESPIE VOTING "YES".
C. Resolutions:
RESO/RE-~: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, PROVIDING
FOR THE DISPOSAL BY LEASE OF THE "OLD
DEPOT" BUILDING AND PREFERENTIAL USE
OF THE FOURTH AVENUE DOCK BY THE
STATE OF ALASKA MARINE HIGHWAY
SYSTEM.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-66; THE MOTION WAS SECONDED
BY HILTON.
Williams, Gillespie, Meehan and Scholl stated their support
for dedication of the Ferry Depot building to the Teen Center. Meehan
suggested that the Ferry System be offered the Old Teen Center building
in exchange for the Depot Building. Gillespie noted that the "Old
Depot" lease was on a month-to-month basis and that the State had been
put on notice that the building was destined for use as a Teen Center.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
RESO/RE-32. : 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
6
PAGE 6
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
AUTHORIZING JOINT USE OF EQUIPMENT
LEASE AGREEMENT WITH RESURRECTION BAY
ENTERTAINMENT TELEVISION, INC.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-67; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY. (Meehan stated that he was still
anxious to see a cable system in Seward.)
RESO/BUDGET:
3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY OPERATING BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1985.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-68; THE MOTION WAS SECONDED BY
MEEHAN AND CARRIED UNANIMOUSLY. (Meehan stated that he was merely
approving a "bottom line not to exceed number", adding that "Hopefully,
some of this money will not have to be spent".
X.
UNFINISHED BUSINESS:
LITIGATION:
NEY AND
'i CITY;
A. MEEHAN MOVED TO FOLLOW THE RECOMMENDATIONS OF THE ATTOR-
APPROVE THE STIPULATION TO DISMISS IN THE CASE OF ALBERT SCHAFER
THE MOTION WAS SECONDED BY WILLIAMS.
Arvidson briefly outlined the history of the Schafer case. He
noted that the lowlands involved totalled less than \ acre and were of
no use to the City.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
USPO:
B. HILTON MOVED TO APPROVE THE U. S. POST OFFICE PLAN TO
INITIATE CLUSTER BOX DELIVERY IN SEWARD; THE MOTION WAS SECONDED BY
MEEHAN AND FAILED TO CARRY WITH ALL PRESENT VOTING "NO". (Cripps noted
that this decision did not firmly "shut the door" for future cluster box
delivery. )
Xl. NEW BUSINESS:
PARKS & REC:
A. Ruth McHenry's letter requesting the official designation
of Two Lakes Park was noted by Cripps. He stated that this would take
place with approval of the City's new comprehensive plan.
XII. CITY MANAGER REPORTS:
None
XIII.
COUNCIL DISCUSSION:
SIMUTIS questioned
boardwalk lease structures.
the porch attached to one of the new
Kerry Martin explained that, while the
PAGE 7
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
7
I
original plans did not include the porch, the City had decided to
incorporate the porch into the boardwalk area.
HILTON asked the administration to better control the speeding
of large trucks on Diamond Blvd.
MEEHAN complimented the City Manager and Department Heads on
the budget, calling it the best presentation he has seen to date. He
also asked if Fowler (IBEW Business Rep) had contacted the attorney
relative to bargaining; Arvidson replied that he had received no re-
sponse to his calls and letters to Fowler.
SCHOLL requested a resolution dedicating the Ferry Depot to
the Teen Center. (Garzini stated that dealings with the Ferry System
would have to be carefully handled and recommended that the Ferry Depot
not be immediately dedicated to the Teen Center.) He also stated that
the Senior/Community Center Advisory Board had requested a sign to be
placed on the designated site of the new community center, said sign to
read "FUTURE SITE OF THE SENIOR/COMMUNITY CENTER". Scholl also asked
that the City consider an extension to the Little League's loan payment,
due in July. He stated that vandals had stolen approximately $1000 in
food and candy, making it difficult for the Association to come up with
the money for payment at this time.
I
WILLIAMS asked if a Food Service building would be available
for local organizations during Salmon Derby this year. Garzini stated
that Harbormaster Singleton would make the back of the Harbormaster' s
Building available. Williams also suggested that a building official be
available 7 days each week to accommodate the needs of local builders.
CRIPPS reminded Council that the Borough Assembly
meeting in Seward City Council Chambers on Tuesday, June
Assembly had also extended an invitation to the Council to
formally at 6 p.m., immediately prior to the meeting.
would be
18. The
meet in-
XIV. CITIZENS' DISCUSSION:
GERRY BELL, 437 Third Avenue, asked that the Council official-
ly designate the Two Lakes area as a park in addition to the designation
in the Land Use Plan.
RUTH MCHENRY, 510 First Avenue, stated that the official
dedication of the Two Lakes Area as a park by the Council would be an
additional protection for the Park. She also urged the Council to clear
up any misunderstanding between the City and the University about
University lands in the area.
I
DOLLY DIETER, Director of the Institute
stated that the University is most willing to give
Lakes area to the City for dedication as a park.
process would take time.
of Marine Science,
its land in the Two
She added that the
8
PAGE 8
REGULAR MEETING - JUNE 10, 1985
VOLUME 21
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, asked about
plans to rebuild the Ferry Dock. Garzini noted that $150,000 had been
budgeted, but this would go for safety repairs.
W. C. CASEY, 702 Third Avenue, stated that the IBEW employees
would be approaching the Attorney next week to begin the bargaining
process.
CHARLES LECHNER, 235 Sixth Avenue, stated that IMS has been a
great asset to the community. He also stated that the City needs to
consider parking problems in the Boat Harbor before developing any
additional land there. He closed by calling Lowell Point Road "Suicide
Road" and encouraged the City to take some action before an accident
happens.
XV. ADJOURNMENT:
The meeting was adjourned at 9:10 p.m.; and, following a short
recess, reconvened in Executive Session.
Q Ji //J.
1 crzh,~~d L5j~
Donald W. Cripps
Mayor
PAGE 8
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
1.
CALL TO ORDER:
The regular June 24, 1985, meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Williams led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers
Gillespie,
I
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9
PAGE 9
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
Hilton, Simutis and
Meehan and Scholl
consent.)
Williams (Councilmembers
were absent with Council
Present also: City Manager Garzini, City Attorney Arvidson
and Deputy City Clerk Audette
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROVE THE JUNE 10, 1985, MINUTES AS
WRITTEN; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Garzini requested the addition of the following Item Nos. 9
and 10 to the Consent Calendar: Final payment on the Chris Berg, Inc.,
claim; and, Change Order No. 1 to Newberry Electric. Garzini asked that
the regular agenda be amended by adding the following Item XI(F): June
19, 1985, letter from Dennis Scholl regarding the loan agreement between
the City and the Little League. Garzini also noted that Proposed
Resolution No. 85-74 had been broken down into three separate resolu-
tions which would now be designated as: Proposed Resolution No. 85-74--
Harbor Budget; Proposed Resolution No. 85-76--Electric Budget; and
Proposed Resolution No. 85-77--Water/Sewer Budget. Garzini reported
that Harold Johnson had asked to delete Item No. VIII(B) as he was not
yet prepared to appear before Council. Cripps reported that Jonathan
Sewall would not be present for Item No. VI.
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED: THE MOTION WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/RECORDS
1.
Resolution No. 85-69, authorizing the destruction of
certain municipal records, was approved and filed;
RESO/STREETS
2.
Resolution No. 85-70, appropriating funds for road
construction, was approved and filed;
RESO
3.
Resolution No. 85-71, appropriating funds for litter
control and city beautification, was approved and filed;
RESO/TAXES/SGH
4.
Resolution No. 85-72, appropriating sales tax revenues to
Seward General Hospital, was approved and filed;
CON-ilk
5.
Amended Change Order No. 2 NTE $14,677.93 to the Kumin
contract for Senior/Community Center design, was approved
and filed;
ACCTS PAY/FINANCE6.
June 18, 1985, Finance Department's list of Accounts
Payable totalling $1,658,770.99, was approved for payment
and filed;
1U
PAGE 10
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
TRANS LINE ROW 7.
Acquisition of an
for transmission
filed;
easement from Alyeska Investors, Inc.,
line construction was approved and
8. Trip Report, U.S. Conference of Mayors, as filed by Mayor
Donald W. Cripps was noted for information and filed;
LITIGATION
9.
Final payment on the Chris Berg, Inc., claim in the
amount of $937,500, was approved for payment and filed;
and
CON-I2.1.
10. Change Order No. 1 to Newbery Electric's contract for
construction of the Daves Creek Substation in the amount
of $43,262.75, was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Deleted
VII. PUBLIC HEARINGS:
LEASE 50 A. Notice of Public Hearing as posted and published by law
relative to a multi-year lease at fair market value of Commercial Booth
Site No. 3 on the Small Boat Harbor Waterfront Boardwalk area within
Block 6, Oceanview Subdivision, to Trails North, Incorporated, was noted
and the public hearing was opened.
No one appeared in order to be heard and the public hearing
was closed.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. LOUIS MARCH, Mile 5~, Seward Highway, appeared before the
Council, distributed a proposal regarding fireworks and asked Council to
reconsider setting aside a certain area for fireworks discharge.
WILLIAM PEPPER, fireworks stand owner, appeared with March and asked
Council to designate an area within the city to shoot fireworks.
B. Deleted.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
ORD/CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ESTAB-
LISHING COMPENSATION FOR THE MAYOR
AND COUNCILMEMBERS TRAVELLING ON
BEHALF OF THE CITY COUNCIL.
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REGULAR MEETING - JUNE 24, 1985
VOLUME 21
Cripps noted that the proposed ordinance, if enacted, would not take
effect until after the next regular election in October. HILTON MOVED
TO INTRODUCE PROPOSED ORDINANCE NO. 546; THE MOTION WAS SECONDED BY
WILLIAMS AND CARRIED UNANIMOUSLY. (Public hearing was scheduled for
July 8, 1985.)
B. Ordinances for Public Hearing and Enactment:
ORD/ELECTIONS 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTIONS 8-10 AND 8-17(B) OF THE CITY
CODE RELATIVE TO CANDIDATE QUALIFICA-
TIONS FOR ELECTIVE OFFICE AND PUBLI-
CATION OF NOTICE OF ELECTIONS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
No one appeared in order to be heard and the public hearing
was closed.
GILLESPIE MOVED TO APPROVE ORDINANCE NO. 542, THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
ORD/POLICE 2. Copies having been made available to the public, Cripps
noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 4-49 OF THE CITY CODE RELA-
TIVE TO ANIMAL CONTROL CITATIONS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
No one appeared in order to be heard and the public hearing
was closed.
HILTON MOVED TO APPROVE ORDINANCE NO. 543, THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
ORD/FIREWORKS 3. Copies having been made available to the public, Cripps
noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 15-18 OF THE CITY CODE
RELATIVE TO THE POSSESSION OF FIRE-
WORKS.
PAGE 12
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
LOUIS MARCH, Mile 5~, Seward Highway, appeared before the
Council and stated that he was opposed to the proposed ordinance. March
stated that fireworks were a symbol of freedom and that possession
should not be outlawed; instead a heavy fine should be imposed for
discharging in the city.
WILLIAM PEPPER, owner of the Blue Bus fireworks stand located
at Mile 3~, Seward Highway, appeared before Council and asked for
clarification on the proposed ordinance. Garzini stated that an amend-
ment which banned fireworks possession in three specific areas within
the city may be introduced. Garzini also explained the fact that an
offense under the proposed ordinance would not be an "arrestable" crime;
an offender could only be issued a citation. Pepper asked that Council
designate an area for fireworks discharge.
No one else appeared in order to be heared and the public
hearing was closed.
HILTON MOVED TO APPROVE ORDINANCE NO. 545; THE MOTION WAS
SECONDED BY WILLIAMS.
HILTON MOVED TO AMEND PROPOSED ORDINANCE NO. 545 BY ADDING THE
FOLLOWING LANGUAGE TO SECTION 15-18 (b) AS CONTAINED IN SECTION 1 AS
SUGGESTED BY CITY ATTORNEY ARVIDSON:
Central Business District - defined as that area includ-
ing on the north--Jefferson Street, on the west--Third
Avenue, on the East--Fifth Avenue and south to the
waterfront.
Small Boat Harbor Area - defined as that area including
on the north--Old Airport Road, on the south--Van Buren
Street, on the west--Third Avenue and to the waterfront
to include the Small Boat Harbor Basin.
Forest Acres Campground.
THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
Gillespie, in reference to public hearing testimony, explained
that the City would be assuming liability if it designated an area for
fireworks discharge.
THE QUESTION WAS CALLED ON THE MAIN MOTION AS AMENDED AND
CARRIED UNANIMOUSLY.
C. Resolutions:
1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
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REGULAR MEETING - JUNE 24, 1985
VOLUME 21
RESO/LEASE 50
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA AUTHORIZ-
ING THE LEASE OF COMMERCIAL WATER-
FRONT SPACE IN THE SEWARD SMALL BOAT
HARBOR TO TRAILS NORTH, INC.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-73; THE MOTION
WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (June 20, 1985,
memorandum from Administrative Assistant Martin recommending approval of
the lease was noted.)
RESO/BUDGET 2. Copies having been made available to the public,
Cripps noted by title only proposed resolutions entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY HARBOR ENTERPRISE BUDGET FOR
THE FISCAL YEAR BEGINNING JULY 1,
1985;
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY ELECTRIC ENTERPRISE BUDGET
FOR THE FISCAL YEAR BEGINNING JULY 1,
1985; and
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY WATER/SEWER ENTERPRISE
BUDGET FOR THE FISCAL YEAR BEGINNING
JULY 1, 1985.
HILTON MOVED TO APPROVE RESOLUTION NOS. 85-74, 85-76, and
85-77; IT WAS SECONDED BY WILLIAMS.
Simutis asked that the motion be tabled until the next regular
meeting as she felt she needed more time to review the budgets.
SIMUTIS MOVED TO TABLE THE MOTION UNTIL THE NEXT REGULAR
COUNCIL MEETING; IT WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
RESO/PLANNING 3. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE ESTABLISHMENT OF CAPITAL
PROJECT ACCOUNT NUMBER 213 FOR A
DIGITAL MAPPING PROGRAM.
GILLESPIE MOVED TO APPROVE RESOLUTION NO.
WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
memorandum from Martin was noted.)
85-75; THE MOTION
(June 19, 1985,
14
PAGE 14
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CON-\~~/ELECTRICA. SIMUTIS MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
~ CONTRACT WITH SETH BRANSON FOR ELECTRIC METER READING SERVICE; IT WAS
SECONDED BY HILTON.
June 18, 1985, memorandum from Jack Anderson, Utility Engi-
neer, recommending a contract with Seth Branson, as lowest responsive
proposer, for electric meter reading service, was noted. Cripps, at the
request of Williams and consent of Council, permitted Robin Dykstra to
appear before Council in order to be heard. (June 23, 1985, letter from
Robin and Julia Dykstra which had been distributed to Council was
noted.)
ROBIN DYKSTRA, R & J Enterprises, appeared before Council and
stated that R & J Enterprises had formally contracted with the City to
perform meter reading services during the last fiscal year. Dykstra
explained that he and his wife had provided excellent service and hoped
the Council would consider letting the bid to them; that their contract
had not provided for a time extension but the new contract did.
Paul Diener, Utilities Manager, affirmed the fact that R & J
Enterprises had provided excellent service but did not know how the
contract award could be made to any proposer other than the lowest.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
CON-~~ B. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 5 TO CONTRACT
WITH EBASCO SERVICES, INC., FOR AN AMOUNT NOT TO EXCEED $58,630; IT WAS
SECONDED BY HILTON.
Bill Toskey, Project Manager, provided a brief summary of the
items contained in the proposed change order.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
CON- So C. HILTON MOVED TO APPROVE CHANGE ORDER NO. 3 TO THE ACRES/-
~SCOMB CONTRACT IN AN AMOUNT NOT TO EXCEED $35,000 AND TIME EXTENSION
FOR CLAIMS ASSISTANCE THROUGH SEPTEMBER 1985; IT WAS SECONDED BY CRIPPS.
Gillespie stated that he owned the building in which Acres/-
Hanscomb rented office space and that he would abstain from participa-
tion in the vote. Simutis stated that as an employee of Acres/Hanscomb
she too would abstain. Cripps noted that the two abstentions would
bring the total eligible voters to three which was short of the number
required to carry a motion. Cripps, with Council consent, asked that
the change order appear on the next regular meeting agenda.
CLAIMS D. HILTON MOVED TO AUTHORIZE THE CITY MANAGER TO PAY JAMES
WAHRER'S CLAIM FOR WATER DAMAGE IN THE AMOUNT OF $1,000; IT WAS SECONDED
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PAGE 15
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
BY WILLIAMS. June 7, 1985, memorandum from Diener, and June 18, 1985,
memorandum from Galen Albertson, Public Works Department, recommending
payment of the claim, were noted. Diener, in response to questioning
from Gillespie and Hilton, stated that it appears the water was acci-
dentally turned on during the winter by a new employee when the regular
water man was on vacation which caused the pipes to develop leaks.
Hilton stated that he felt there was not enough information to substan-
tiate payment.
THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH HILTON
VOTING NO.
LITIGATION E. HILTON MOVED TO APPROVE A SETTLEMENT AGREEMENT BETWEEN
ENGINEERING SCIENCES OF ALASKA AND THE CITY AS PRESENTED BY CITY ATTOR-
NEY JACOBUS IN HIS JUNE 18, 1985, LETTER; IT WAS SECONDED BY WILLIAMS.
Arvidson presented the background which led to this proposed
settlement agreement.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
ORGS/FINANCE F. June 19, 1985, letter from Dennis Scholl, Little League
President, requesting a time extension on the loan payment due July 1,
1985, from the Little League Association in the amount of $1,000. The
letter explained that the League's concession stand had been broken into
three times and over $1,000 in inventory had been stolen.
GILLESPIE MOVED TO EXTEND THE LITTLE LEAGUE'S LOAN PAYMENT,
WHICH WAS DUE JULY 1, 1985, TO JULY 1, 1986; IT WAS SECONDED BY WILLIAMS
AND CARRIED UNANIMOUSLY.
XII. CITY MANAGER REPORTS:
Garzini noted a June 24, 1985, memorandum regarding the time
schedule for construction of the Spring Creek Correctional Center.
Garzini also noted that the City had not been contacted, as
yet, by IBEW employee representative regarding negotiations.
XIII.
COUNCIL DISCUSSION:
WILLIAMS reported that Gateway Children's Center had received
approval for a $50,000 loan and a $50,000 grant from the State to build
a new Center. Williams stated that the loan money could only be ob-
tained after expenditures had actually been made and asked the City to
consider a $50,000 loan to the Center for 60 days. Cripps asked the
request be placed on the agenda for the next regular meeting.
GILLESPIE asked that the June 4, 1985, memorandum from Martin
relative to Twin Lakes Park be distributed to Ruth McHenry. Cripps
reported that Dr. Bell, of the Twin Lakes Committee, had already re-
ceived a copy.
16
PAGE 16
REGULAR MEETING - JUNE 24, 1985
VOLUME 21
HILTON asked that an ordinance be introduced which would
reverse the agenda order to allow Council Discussion after Citizen's
Discussion to allow the Council to address items presented by citizens.
Hilton reported a dangerous manhole located in the street behind his
house which had a plywood cover.
CRIPPS reported that the Obihiro exchange students would be in
Seward July 15-31. Cripps also reported that he had been invited to
attend the mayor's race on August 16th in the Kenai Peninsula State Fair
and to participate in the Hog Calling Contest to see who could "bring
home the bacon".
XIV. CITIZENS' DISCUSSION:
WILLIAM CASEY, 702 Third Avenue, Seward, asked that the
municipal records, approved for destruction by Resolution No. 85-69, not
be destroyed until all citizens had the opportunity to review them;
Garzini assured Casey that they would not.
FERN BURKE, 102 Iron Drive, Seward, also expressed concern
over the destruction of municipal records which might have historical
value. The Deputy Clerk reported that the Community Library and the
Seward Historical Society had received a list of the records for review.
KEITH CAMPBELL, Forget-Me-Not Circle, Seward, reported that an
area in the Community Library would soon house books from Japanese
literature translated into English and that within one year this col-
lection would be the largest in the State.
XV. ADJOURNMENT:
~~~~ing was adjourned at 8:45 p.m.
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PAGE 16 REGULAR MEETING - JULY 8, 1985 VOLUME 21
(/ ,/,,) ~j.
(/~~cd:Jb:t, U;--~
Donald W. Cripps
Mayor
1.
CALL TO ORDER:
The July 8, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Vice Mayor Michael J. Meehan.
11. OPENING CEREMONY:
Councilmember Simutis led the pledge of allegiance to the
flag.
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PAGE 17
REGULAR MEETING - JULY 8, 1985
VOLUME 21
III. ROLL CALL:
Present were: Vice Mayor Meehan and Councilmembers Gillespie,
Hilton, Scholl, Simutis and Williams (Absent,
with Council consent, was Mayor Cripps)
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Hughes and City Clerk Murphy
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROVE THE JUNE 24, 1985, REGULAR MEETING
MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED WITH
FIVE "YES" VOTES AND MEEHAN ABSTAINING. (Meehan had not been present at
the last meeting.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
WILLIAMS MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY
FOLLOWING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS MATTERS
UNDER LITIGATION; THE MOTION WAS SECONDED BY SCHOLL AND CARRIED UNANI-
MOUSLY. (The executive session was called at the request of Schaefer-
meyer. )
Schaefermeyer requested the following additions to the Consent
Calendar: No. 12) Proposed Resolution No. 85-79, accepting a $50,000
grant from the State for Day Care; and No. 13) Proposed Resolution No.
85-80, accepting a $25,000 grant from the State for Prison planning. He
also asked for Council direction concerning the attorney bills listed on
Consent Calendar Item No.1. Schaefermeyer stated that he had deleted a
sum in excess of $10,000 from the invoice submitted by HTGP&B for
services rendered over the past several years in connection with the
Engineering Sciences (ESAL) litigation. Now that the case had been
settled, Schaefermeyer requested Council direction relative to the
invoiced charges. Meehan, with Council concurrence, directed the
administration to pay the entire sum, stating that the services had been
rendered and now the firm should be paid. Scholl asked that Consent
Calendar Item No. 2 be moved to the regular meeting agenda Item No.
XI(D) so that the continuation of the Trade Board could be considered
after Dunham presented the annual report under "Citizens' Discussion".
SCHOLL MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY. The following actions were taken:
C.ATTY:
1.
Attorney bills as followed were approved for payment and
filed:
Erwin, Smith, Garnett, Jarrell & Moderow, dated
06/24/85, totalling $21.00; and
HTGP&B May 1985 invoice totalling $47,502.61;
2.
MOVED TO REGULAR MEETING AGENDA.
18
PAGE 18
PUB SAFETY/STATE
OF AK:
EASEMENTS/T-LINE
SBH/TARIFF:
ABCB:
ST & CTY LICEN-
SING:
COMP PLAN:
RE-J.;L:
RESO/DAY CARE/
GRANTS:
RESO/PRISON/
GRANT S :
5.
6.
7.
8.
REGULAR MEETING - JULY 8, 1985
VOLUME 21
3.
Mutual Aid Agreement with DNR, Division of Forestry, was
approved and filed;
4.
Purchase of easements for transmission line construction
were approved as followed:
Philip Faulkner, Lot 7, Folz Subdivision ($625.00)
Aletha Racine, Donald Smith & Shirley Smith, Lot 1,
Stafford Subdivision ($6,500.00--Total)
Craig Boorman, Lot 2, Tern Lake Estates, Addition
No.1, ($3,500.00)
Bernadine Silva, Lot 5, Trail Lake Group, USS 2528
($6,000.00);
Authorization to proceed with the preparation of amend-
ments to the Harbor rate resolution to adopt a rate for
movement of bulk materials across City beach property was
approved and filed;
Request for ABCB restaurant designation as filed by the
Apollo Restaurant was granted and a letter of nonob-
jection was issued;
Application for permit for games of skill and chance as
filed by the Republican Party of Alaska, District 6, was
filed without objection;
Memorandum from Administrative Assistant Kerry Martin
requesting comments from the City Council relative to the
proposed revised Comp Plan and Airport Master Plan was
noted for information and filed;
9. Trip report as filed by Linda Murphy relative to a Local
Records Seminar at UAF was noted for information and
filed;
10.
Memorandum from Engineering Manager E.
relative to a proposed CEA rate increase
information and filed;
Paul Diener
was noted for
11. Memorandum from Harbormaster Foster Singleton relative to
the float space agreement with Alaska Marine (Harold
Johnson) was noted for information and filed;
12.
Resolution No. 85-79,
$50,000 grant from the
Children's Center day
filed; and
accepting and appropriating a
State of Alaska for the Gateway
care facility was approved and
13. Resolution No. 85-80, accepting and appropriating a
$25,000 grant from the State of Alaska for Prison Plan-
ning and Alternative Financing was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
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PAGE 19
REGULAR MEETING - JULY 8, 1985
VOLUME 21
Kenai Peninsula
Sewall was not present.
Borough Assembly
Jonathan
Representative
VII. PUBLIC HEARINGS:
None
VII1.
CITIZENS' DISCUSSION: (With prior notice only)
TRADE BOARD:
A. Willard Dunham, member of the Seward International Trade
and Indust ry Development Advisory Board, presented the Board's annual
report to the Council. Prior to the meeting, the Clerk had distributed
a written report prepared by Dunham outlining the Board's achievements
during FY85. Dunham stated that the Board would continue to work toward
the completion of the Spring Creek Prison facility and industrial growth
in Seward. He noted that the Board was actively pursuing a Sister City
relationship with Yosu, Korea, soon to become the primary coal-receiving
port in Korea. Dunham also asked that the City consider purchasing an
"endless" tape machine which would facilitate slide shows at formal
presentations.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Meehan noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REORDER-
ING THE AGENDA FOR REGULAR MEETINGS
OF THE CITY COUNCIL AND REVISING THE
PROVISIONS FOR ADDRESSING THE COUNCIL
BY THE PUBLIC.
GILLESPIE MOVED TO INTRODUCE ORDINANCE NO. 547; THE MOTION WAS
SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY. (Public hearing was sched-
uled for July 22, 1985.)
2. Copies having been made available to the public,
Meehan noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 14 OF THE SEWARD CITY CODE
RELATIVE TO OFF STREET PARKING
REGULATIONS.
HILTON MOVED TO INTRODUCE ORDINANCE NO. 548; THE MOTION WAS
SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (Public hearing was
scheduled for July 22, 1985.)
B. Ordinances for Public Hearing and Enactment:
20
PAGE 20
REGULAR MEETING - JULY 8, 1985
VOLUME 21
ORD/C.COUNCIL:
1. Copies having been made available to the public,
Meehan noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ESTAB-
LISHING COMPENSATION FOR THE MAYOR
AND COUNCILMEMBERS TRAVELLING ON
BEHALF OF THE CITY COUNCIL.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
WILLARD DUNHAM, Forest Acres, appeared before the Council and
spoke in support of the proposed ordinance. Dunham noted that the
ordinance was reasonable and should have been enacted years ago.
No one else appeared in order to be heard and the public
hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 546; THE MOTION WAS
SECONDED BY SIMUTIS.
Meehan noted that this ordinance would provide compensation
for wages lost by Councilmembers travelling out of town on City business
at the rate of $50 for lost work time amounting to one-half work day and
$100 for lost work time amounting to more than one-half work day.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
C. Resolutions:
RESO/BUDGET/HARBOR: 1. Copies having been made available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY HARBOR ENTERPRISE BUDGET FOR
THE FISCAL YEAR BEGINNING JULY 1,
1985.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-74; THE MOTION
WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
RESO /BUDGET /ELEC: 2. Copies having been made availab Ie to the pub lie,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY ELECTRIC ENTERPRISE BUDGET
FOR THE FISCAL YEAR BEGINNING JULY 1,
1985.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-76; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
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REGULAR MEETING - JULY 8, 1985
VOLUME 21
RESO/W&S/BUDGET: 3. Copies having been made available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE CITY WATER/SEWER ENTERPRISE
BUDGET FOR THE FISCAL YEAR BEGINNING
JULY 1, 1985.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-78; THE MOTION WAS
SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
X.
UNFINISHED BUSINESS:
CON-50: A. HILTON MOVED TO APPROVE CHANGE ORDER NO. 3 TO THE ACRES/-
HANSCOMB CONTRACT IN AN AMOUNT NOT TO EXCEED $35,000 AND TO EXTEND THE
TIME LIMIT OF THE CONTRACT THROUGH SEPTEMBER 1985 FOR CLAIMS ASSISTANCE;
THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED WITH FOUR "YES" VOTES
AND GILLESPIE AND SIMUTIS ABSTAINING. (Gillespie abstained because
Acres/Hanscomb is a tenant in his office building; Simutis abstained
because she is employed by A/H.)
X1. NEW BUSINESS:
CON- \05:
A. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 NOT TO EXCEED
$13,336 FOR THE GENERAL ELECTRIC SUPPLY CONTRACT; THE MOTION WAS SECOND-
ED BY WILLIAMS AND CARRIED UNANIMOUSLY. (July 2, 1985, memorandum from
E. Paul Diener, Engineering Manager, recommending approval of this
change order which covered changes that occurred in the pole list
requirements for the transmission line, was noted.)
PURCHASING/ B. HILTON MOVED TO ACCEPT THE COMPUTER CONCEPTS BID FOR A
CITY COMPUTER FOR THE HARBOR FOR A PRICE NOT TO EXCEED $5795; THE MOTION WAS
EQUIPMT: SECONDED BY WILLIAMS.
In response to a question from Hilton, Robert Peirson, Comp-
troller, explained that he had authorized the substitution of a mono-
chrome monitor for the color monitor since color would not be needed by
the City. In response to a second question from Hilton, Peirson stated
that, with the exception of the word processor located in the City
Manager's Secretary's office, all computer and word processing equipment
in the City is IBM. He added that he hoped to fully integrate the new
IBM PC into the City's present system by "tying in" to the City's main
frame computer.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
DAY CARE/FINANCE: C. WILLIAMS MOVED TO GRANT A $50,000 SHORT TERM LOAN TO
GATEWAY CHILDREN'S CENTER FOR THE CONSTRUCTION OF ITS NEW FACILITY; THE
MOTION WAS SECONDED BY GILLESPIE.
Williams explained that the State had approved a $50,000 loan
to finance construction but would not release the money until construc-
tion was complete. Proceeds from the State loan would be used to repay
22
PAGE 22
REGULAR MEETING - JULY 8, 1985
VOLUME 21
the City. Simutis asked if other funding sources had been pursued.
Sharon Stevens-Ganzer, President of the Gateway Board of Directors,
explained that other sources had not been pursued. Williams further
explained that Gateway would be unable to afford the $4,000 in interest
it would have to pay a bank for interim financing. Further, since a
licensed contractor would not be involved in erecting the modular units,
private lending institutions would be reluctant to finance the project.
Simutis stated that she was hesitant to set a precedent by lending money
to Gateway and noted for the record that this venture was a unique
situation. In response to a question from Scholl, Williams noted that,
in addition to the proposed interim loan, Gateway intended to payoff
the $10,000 loan previously granted for the down payment on the subject
property.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
TRADE BOARD:
D. HILTON MOVED TO GRANT CONTINUATION OF THE SEWARD INTERNA-
TIONAL TRADE AND INDUSTRY DEVELOPMENT ADVISORY BOARD THROUGH FISCAL YEAR
1986; THE MOTION WAS SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY.
Scholl publicly thanked the Trade Board for all that had been
accomplished during the past year and commended the Board for the cost
efficient manner in which it had met its goals. Gillespie asked the
administration to investigate the possibility of purchasing the "end-
less" tape machine requested by Dunham during his earlier presentation.
XII. CITY MANAGER REPORTS:
SCHAEFERMEYER stated that Parks and Recreation Director John
Noble had submitted his resignation effective August 16, 1985, and added
that Garzini had not yet made a decision relative to his replacement.
Schaefermeyer also thanked the Council and the City Staff for their
support over the past few months during which he had missed time due to
family illness.
XIII.
COUNCIL DISCUSSION:
WILLIAMS asked that the City consider hiring a maintenance
person rather than a Parks and Recreation Director.
SCHOLL noted that the City had not put the time and effort
into recreation that had been devoted to industry and added that the new
Parks and Recreation Director should be charged with the task of expand-
ing programs through volunteer efforts.
HILTON commended the public safety officials for the part they
played in making the 4th of July a pleasant one.
SIMUTIS commended the City clean-up crew on its efficient
actions on the Fourth. She gave a special thanks to Rick Tillotson for
his help with the Mt. Marathon Race.
MEEHAN stated that he was sorry to hear that Noble had re-
signed his position. He also asked that the City apply some non-skid
I
I
I
23
PAGE 23
REGULAR MEETING - JULY 8, 1985
VOLUME 21
paint to the surface of the basketball half-court adjacent to the Teen
Center. Meehan noted that Defense Siren would be tested on July 11.
XIV. CITIZENS' DISCUSSION:
None
XV. ADJOURNMENT:
The meeting was adjourned at 8:20 p.m.; and, after a short
recess, the Council reconvened in executive session to discuss matters
under litigation.
~~~ -
Michael J. Meehan
Vice Mayor
~:'
~ .:.. (bity S~al) . · i.
'~J' .....~'''A .',
~ .... ""t- \":l';'-: f.~
~
------------------------------------------------------------------------
PAGE 23
REGULAR MEETING - JULY 22, 1985
VOLUME 21
1.
CALL TO ORDER:
The July 22, 1985, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
flag.
Councilmember Williams led the pledge of allegiance to the
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Mee-
han, Scholl, Simutis and Williams (Absent with
Council consent was Councilmember Hilton)
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPECIAL ITEM:
Introduction of the Japanese exchange students was postponed
until the arrival of Seward International Friendship Association Presi-
dent Sandra Wassilie. (See Page 24.)
24
PAGE 24
REGULAR MEETING - JULY 22, 1985
VOLUME 21
IV. APPROVAL OF MINUTES:
MEEHAN MOVED TO APPROVE THE JULY 8, 1985, REGULAR MEETING
MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED
UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of Garzini, GILLESPIE MOVED TO MEET IN EXECU-
TIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS IN
ORDER TO DISCUSS MATTERS UNDER LITIGATION; THE MOTION WAS SECONDED BY
MEEHAN AND CARRIED UNANIMOUSLY.
Simutis requested the addition of Item No. XI(E), New Busi-
ness, as follows: Request for transfer of the Pioneer Liquor Store
license to H. Russell Pace, dba Seward's Folly.
MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED
AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY SCHOLL
AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/GRANTS/
STREETS:
1.
Resolution No. 85-81, allocating FY 1986 Local Service
Roads and Trails funds totalling $2,247.00, was approved
and filed;
C.ATTY:
2.
June 1985 invoice from Baily and Mason for legal services
totalling $87.50, was approved for payment and filed;
FINANCE DEPT:
3.
July 10. 1985, Finance Department's list of accounts
payable totalling $2,507,043.09, was approved for payment
and filed; and
EASEMENTS/TRANS.
LINB:
4.
Request for authorization to purchase a ROW easement from
Charles Anthony in an amount not to exceed $9,500.00, for
transmission line construction, was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the July 16, 1985, meeting of the Borough
Assembly.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
SPECIAL ITEM: (Taken out of order)
CI. A. Sandra Wassilie, President of the newly formed Seward
SISTER T-V
Trlternational Friendship Association, appeared before the Council and
25
PAGE 25
REGULAR MEETING - JULY 22, 1985
VOLUME 21
I
introduced this year's exchange students, including Seward Students Lisa
Irvin, Darren Noble and Douglas Fletcher (Audra Mai was not present) and
Japanese students Yukie Takenaka, Akemi Yamada, Daisaku Kikuchi and
Nagisa Mikami. Each of the four students from Obihiro gave a brief
introductory speech. Cripps then welcomed the students and presented
each of them with a City pin.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/CAMPER PARKS: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 21-26 OF THE SEWARD CITY CODE
BY INCREASING THE MAXIMUM NUMBER OF
DAYS ALLOWED PER CAMPER UNIT IN
LICENSED CAMPER PARKS.
Cripps noted the July 18, 1985, memorandum from Murphy explaining that
the ordinance had been introduced at the request of Councilmember Meehan
in order to increase the maximum number of days allowed per camper unit
in a licensed camper park from 30 to ~.
I
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 549; THE
MOTION WAS SECONDED BY SIMUTIS.
Williams stated that the present Code had been drafted by the
Advisory Planning and Zoning Commission after much study and hard work.
She noted that the 30-day provision had been included for the betterment
of Seward and she would, therefore, be unable to support this proposed
change. Gillespie asked that the proposed ordinance be remanded to P&Z
for a recommendation prior to final action. Meehan explained that he
had asked for introduction of the ordinance in order to bring regu-
lations for licensed camper parks "in line" with Section 21-37 of the
City Code which allows camping on privately owned lots in the RR and
Unzoned Districts for 60 calendar days. He stated that he had no
objection to remanding the ordinance to P&Z for comment. Garzini stated
that, upon introduction of the proposed ordinance, he would forward it
to the Planning Commission for consideration at its August 7, meeting.
Council would then be copied with the Commission's comments and recom-
mendation when the ordinance is scheduled for public hearing.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(Public hearing was scheduled for August 12, 1985.)
B. Ordinances for Public Hearing and Enactment:
I
ORD/C.COUNCI:t.: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
2.6
PAGE 26
REGULAR MEETING - JULY 22, 1985
VOLUME 21
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REORDER-
ING THE AGENDA FOR REGULAR MEETINGS
OF THE CITY COUNCIL AND REVISING THE
PROVISIONS FOR ADDRESSING THE COUNCIL
BY THE PUBLIC.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
MEEHAN MOVED TO ENACT ORDINANCE NO. 547; THE MOTION WAS
SECONDED BY SIMUTIS.
SCHOLL MOVED TO AMEND ORDINANCE NO. 547 BY DELETING SECTION 1
AND REWRITING IT AS FOLLOWS:
Section 1. Section 2-15 of the Seward City
Code is hereby amended to revise the order of
business for regular meetings of the City Council by
adding a new Item No. XV entitled "Council and
Administration Response to Citizens' Comments" and
renumbering Item No. XV, "Adjournment" as Item No.
XVI;
THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
GILLESPIE MOVED TO AMEND ORDINANCE NO. 547 BY INSERTING THE
WORDS "FOR PUBLIC HEARING" AFTER ". . . REGULAR MEETING AGENDA "; THE
MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (Gillespie
explained that he did not wish to restrict public discussion on any
issue and added that the only avenue open to the public for discussion
of non-public hearing items was "Citizens' Discussion with Prior
Notice".)
THE QUESTION WAS CALLED ON THE MAIN MOTION AND THE MOTION
CARRIED UNANIMOUSLY.
ORD/PUB. SAFETY: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 14 OF THE SEWARD CITY CODE
RELATIVE TO OFF STREET PARKING
REGULATIONS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
LOUIS DUPREE, Small Boat Harbor, Slip E4, noted that year-
round residents of the Boat Harbor often use the same parking space day
after day and could be mistaken for a violator of the 72-hour parking
I
27
PAGE 27
REGULAR MEETING - JULY 22, 1985
VOLUME 21
regulation. Garzini explained that steps (such as tire marking) would
be taken to see that this did not happen.
No one else appeared in order to be heard and the public
hearing was closed.
GILLESPIE MOVED TO ENACT ORDINANCE NO. 548; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
C. Resolutions:
RESO/CON-IL.f3: 1. Copies having been made available to the public,
!CrIpps noted by title only a proposed resolution entitled:
I
CON- j'tl..:
CON-L02 :
I
CON-(3V
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, WAIVING
BID PROCEDURES AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE A CONTRACT
FOR UPGRADING THE NASH ROAD TRANS-
MISSION LINE.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-82; THE MOTION WAS
SECONDED BY WILLIAMS AND UNANIMOUSLY CARRIED. (Gillespie commended
Diener for his memo which clearly outlined the need to waive formal bid
procedures and Williams complimented Diener on the letter he planned to
send to residents of Nash Road explaining the project.)
NOTE:
tract
Larue
The resolution authorized the City Manager to negotiate a con-
for design/build of the Nash Road Transmission Line with Dryden/
and City Electric, Inc., for an amount not to exceed $395,750.00.
X.
UNFINISHED BUSINESS:
None.
XI. NEW BUSINESS:
A. SIMUTIS MOVED TO AWARD A CONTRACT FOR CONCEPTUAL DESIGN
OF THE NASH ROAD SMALL BOAT HARBOR TO THE FIRM OF SVERDRUP AND PARCEL
FOR AN AMOUNT NOT TO EXCEED $157,000.00; THE MOTION WAS SECONDED BY
WILLIAMS AND CARRIED UNANIMOUSLY. (July 8, 1985, memorandum from Diener
recommending award of contract to Sverdrup and Parcel assisted by Arthur
Young and Norgaard Consultants was noted.)
B. MEEHAN MOVED TO APPROVE CHANGE ORDER NO. 2 IN AN AMOUNT
NOT TO EXCEED $21,382.92 TO THE POWER CONSTRUCTORS CONTRACT FOR CON-
STRUCTION OF THE TRANSMISSION LINE; THE MOTION WAS SECONDED BY WILLIAMS
AND CARRIED UNANIMOUSLY. (July 17, 1985, memorandum from Diener recom-
mending approval of the change order was noted.)
C. SCHOLL MOVED TO RENEW THE KRXA CONTRACT FOR BROADCASTING
CITY COUNCIL MEETINGS FOR A PERIOD OF 6 MONTHS; THE MOTION WAS SECONDED
BY SIMUTIS.
28
PAGE 28
REGULAR MEETING - JULY 22, 1985
VOLUME 21
Duane Steel, Manager of KRXA Radio, appeared before the
Council and submitted the results of the station's mail and telephone
survey. Of 42 respondents, 41 were in favor of continued broadcasting.
Gillespie noted that he had received favorable comments from members of
the public but stated that he would like the station to inform its
listeners that the broadcasts are paid for by the taxpayers of the City
and are not a public service broadcast. Meehan added that this state-
ment should be included in all advertisements for the broadcasts.
Meehan also stated that he would like to see private enterprise take
over sponsorship of the broadcasts. Steel stated that he would pursue
this with the private sector, adding that private business had been
reluctant to sponsor the broadcasts until it was certain that they would
continue. Scholl suggested that the administration provide ad copy to
the radio station; Garzini promised to comply.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
CON-~: D. SIMUTIS MOVED TO APPROVE MODIFICATION NO. 3 TO THE DAWSON
AND ASSOCIATES CONTRACT FOR LOBBYING SERVICES THROUGH THE 1986 LEGISLA-
TIVE SESSION; THE MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANI-
MOUSLY. (Meehan noted that this contract was identical to the prior
year's agreement.)
ABCB:
E. SIMUTIS MOVED TO ISSUE A LETTER OF NONOBJECTION FOR THE
TRANSFER OF A LIQUOR LICENSE FROM IVAN BANIC TO H. RUSSELL PACE, DBA
SEWARD'S FOLLY; THE MOTION WAS SECONDED BY WILLIAMS.
Scholl spoke in opposition to the letter of nonobjection,
stating that the effect of transferring a relatively inactive license to
the Boat Harbor was the same as issuing a new liquor license. He
briefly outlined the past public opposition to allowing the sales of
alcohol in the Small Boat Harbor, noting that the current restaurant
license in the Harbor was issued by the ABCB in 1978 over the objection
of the City. Scholl added that it was foolish to advocate carry-out
sales in the Small Boat Harbor, stating that it was unwise to mix
alcohol and boats. Scholl further stated that, in any case, action
should be delayed on the letter to the ABCB until the City Attorney
could define for Council the City's "open container" law.
SCHOLL MOVED TO TABLE THE MOTION; THE MOTION DIED FOR LACK OF
A SECOND.
Garzini explained that the prohibition to open containers was
limited to the downtown central business district. Simutis suggested
that the question of open containers should not be considered with this
motion, but should be a separate issue. She added that there is no
statistical evidence to tie alcohol abuse on boats to the issuance of a
liquor license in the Boat Harbor. Meehan stated that, while he would
oppose issuing a new license, he could not oppose the transfer of an
existing one.
THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FOUR "YES"
VOTES, SCHOLL VOTING "NO" AND GILLESPIE ABSTAINING. (Gillespie, the
7,9
PAGE 29
REGULAR MEETING - JULY 22, 1985
VOLUME 21
I
broker of record for the sale, abstained due to his direct financial
interest in the outcome of the motion.)
NOTE: The license to be transferred was identified as the Pioneer
Liquor Store (Package/Carry-Out) license.
XII. CITY MANAGER REPORTS:
GARZINI stated that, so far, 75 bid documents for the prison
project have been sold, necessitating a reprint. He added that he would
provide Council copies of the Trust Indenture, the TORA, the Management
Responsibility Agreement with DOT and the Lease sometime this week. He
asked that Council review the documents and submit comments to him prior
to July 31.
XII 1.
COUNCIL DISCUSSION:
WILLIAMS suggested that the City install basketball hoops at
either end of the tennis court in Forest Acres. She stated that the
court has not been used for tennis in years and there are very few
places for young people to play basketball outside during the summer
months.
I
SCHOLL asked the administration to consider making minor
alterations to the new ball field adjacent to the school so that it can
be used for hardball. He noted that there is a lot of interest in youth
over the age of 13 in Seward, but no outside competition since others
refuse to play on the City's gravel fields. Scholl asked Garzini to
look into the Recreation Department's refusal to allow any but the
Softball Association to use the new field. Garzini promised to comply.
nonskid
Center.
MEEHAN thanked the City for its quick response in placing the
surface on the basketball half court adjacent to the Teen
SIMUTIS asked if there was to be a legal review of the prison
project documents. Garzini explained that Arvidson would be reviewing
the documents. He added that, since this was basically a State project,
with the City of Seward acting as a financing vehicle, any problems or
cost overruns would be addressed by DOT.
CRIPPS presented the Clerk with aU. S. flag which had been
given to the City by Vice President Bush. He suggested that the flag be
flown over City Hall for one day and then be presented to the Historical
Society for display in its museum.
XIV. CITIZENS' DISCUSSION:
I
LOUIS DUPREE, Small Boat Harbor, SV Eagles Nest, asked the
Council to consider granting $900 to him for the purchase of a scanner
for his sailboat. He noted that he was asking the Chamber of Commerce
to match this $900 to cover the full purchase price of the equipment.
Dupree explained that he planned to circumnavigate the globe and would,
in exchange for the grant, prominently display the Seward logo on the
30
PAGE 30
REGULAR MEETING - JULY 22, 1985
VOLUME 21
mast head, thus giving worldwide exposure to the City. Cripps noted
that the Council could take no action at this meeting, but would take
the matter under advisement.
BOB VALDATTA, Seward, noted that the City should begin better
enforcement of the speed limit on Nash Road. He also asked for a status
report on Chemical Bank's efforts to secure a lessee for the Marine
Industrial Center. Garzini stated that he would prepare a report for
the next meeting.
XV. ADJOURNMENT:
The meeting was adj ourned at 8: 45 p.m. and, after a short
recess, the Council reconvened in Executive Session to discuss matters
under litigation.
{ i / --
/ 4-/'; ~,
/L/ cYt{ ct/!!ltt I L:;JA-.
Donald W. Cripps
Mayor
1.
CALL TO ORDER:
The August 5, 1985, special meeting of the Seward City Council
was called to order at 4:00 p.m. by Mayor Donald W. Cripps.
11. OPENING CEREMONY:
Councilmember Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan and Williams (Absent with Council
consent were Councilmembers Scholl and Simutis)
Present also: City Manager Garzini and City Clerk Murphy
IV. RESOLUTIONS:
CON-lifS"/RESO: A. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
I
I
I
:n
PAGE 31
SPECIAL MEETING - AUGUST 5, 1985
VOLUME 21
AUTHORIZING THE AWARD OF A CONTRACT
FOR TRANSMISSION LINE REPAIRS WITHOUT
FULL UTILIZATION OF THE BID PROCE-
DURES SET FORTH IN SECTION 10-8 OF
THE SEWARD CITY CODE.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-83; THE MOTION
WAS SECONDED BY WILLIAMS.
August 5, 1985, memorandum from Engineering and Utilities
Manager Paul Diener recommending approval of the resolution was noted.
In response to a question from Meehan, Jack Anderson, Utilities
Engineer, explained that both bidders had been told that low bid would
be determined by adding together Schedules 1 and III. Schedule II bid
quotes were unit prices which would be covered by change orders should
the need for cross-arm replacements arise.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(The contract for the transmission line repairs was awarded to Current
Electric in an amount not to exceed $144,237.00.)
V.
CITIZENS' DISCUSSION:
None
V1.
ADJOURNMENT:
The meeting was adjourned at
4(:10, :m.~,
/ / u'
L~i7[U '//7'1/---7
Donald W. Cripps '
Mayor
(Ci~1=Y Seal)
}:' i,rr'~/i~~c~~~:-~~----------;;~~~~;-~;;;~~~-=-~~~~;;-~;:-~;;;----------;~~;;-;~
}:"':''Y~ CALL TO ORDER:
The August 12, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
11. OPENING CEREMONY:
flag.
Councilmember Simutis led the pledge of allegiance to the
II 1.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
32
PAGE 32
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Arvidson and City Clerk Murphy
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROVE THE JULY 22 AND THE AUGUST 5, 1985,
MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED WITH
SIX "YES" VOTES AND HILTON ABSTAINING. (Hilton had not been present at
the July 22 meeting.)
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Schaefermeyer requested the following additions to the regular
meeting agenda:
IX. RESOLUTIONS:
C. Proposed Resolution No. 85-90, authorizing the
purchase of electrical construction material
XI. NEW BUSINESS:
C. Change Order No.4, Acres/Hanscomb contract
D. Change Order No.1, Newbery contract
E. Change Order No.2, Southwest Company contract (to
settle arbitration award)
Scholl requested that Consent Calendar Item No. 6 (Adm. Asst.
Martin's memo relative to the status of the Army and Air Force Recre-
ation Camp leases) be moved to "Unfinished Business", Item No. "A", for
discussion.
Gillespie noted a $5800 charge on the attorney's bill for
legal services relative to preparation of the charter amendment which
would allow Seward General Hospital employees to participate in PERS; he
questioned the appropriateness of the City paying for a service solely
for the benefit of the Hospital staff. Scholl stated that it was his
impression that the City had agreed to absorb the cost of attorney fees
for this venture. He added that, as a publicly supported facility,
(through the dedication of sales tax revenues) public funds would cover
the cost in any event.
MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY. The following actions were taken:
GRANTS/DAY CARE/
RESO:
1.
Resolution No. 85-84, authorizing a grant to Gateway
Children's Center, was approved and filed;
LOCAL HIRE/RESO:
2.
Resolution No. 85-85, urging the State Legislature to
enact legislation giving preferential hire to Alaskans,
was approved and filed;
C .ATTY:
3.
June 1985 invoice from HTGP&B for legal services total-
ling $24,131.93, was approved for payment and filed;
I
C. ATTY:
LEASES:
PH (COMP
I
I
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PAGE 33
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
4.
July 25, 1985, invoice from HTGP&B for legal services
rendered in connection with the Cari Cavanaugh litigation
was approved for payment and filed; and
5.
July 31, 1985, memorandum from Administrative Assistant
Kerry Martin requesting authority to proceed with the
development of a long term lease in coordination with the
Alaska Railroad for a new Coast Guard operations center
that will straddle property boundaries was approved and
filed.
6. Moved to regular meeting agenda.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the August 6, 1985, assembly meeting.
VII. PUBLIC HEARINGS:
PLAN) : A. Cripps recognized John Woodruff, Chairman of the Seward
Advisory Planning and Zoning Commission, to introduce the public hearing
item. Woodruff noted that the Planning Commission had been working on
updating the City's Comprehensive Plan for about one year. He noted
that there had been much public input from public hearings, open houses,
and contacts with such local groups as the Chamber of Commerce. He
recommended that the Council endorse the draft plan and send it to the
Borough for adoption.
Kerry Martin, Administrative Assistant, noted that he had
included a short history of the plan in Council's packets. He stated
that the City had started work on the Plan in earnest in December, and
since that time had held 6 publicly advertised public hearings, and the
plan had appeared in the local newspaper a total of 25 times in arti-
cles, public notices, etc. Also considered in drafting the Plan had
been the results of four questionnaires and surveys. Martin added that
over 300 individuals had participated in some way in the development of
the plan as it appeared before Council.
Dick Morehouse, CCC Architects and Planners, stated that the
Plan before Council was devised with long term (10-15 years) focus, but
would need to be reviewed and updated every 2 years. He noted that four
changes had been made to the Plan since Council received its copies.
These included 1) designating the area surrounding City Hall and the
Fire Hall as "Institutional"; 2) Changing the designation for the Prison
site to "Institutional"; 3) Designating the property adjacent to the
site of the proposed Nash Road Small Boat Harbor as "Harbor Commercial";
and 4) Changing the designation for the area at 5th & B (State-owned
property) to "Institutional". He also suggested that the City consider
mandating that developers put in curbs, gutters and sidewalks in newly
developed areas. Finally, Morehouse suggested that inaccessible areas
of the City should be designated "Resource Management" until a later
decision could be made as to the disposition of these areas.
34
PAGE 34
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward, stated
that the plan should address the need for a north-south dock for the M/V
Tustumena.
ELDON JOHNSON, 539 Fifth Avenue, Seward, objected to designat-
ing the property in the vicinity of his residence as R2. He stated that
the plan should be consistent with the present R3 zoning of the proper-
ty.
LOUIS BENCARDINO, 511 Fifth Avenue, Seward, and DENNIS KIEL-
CHESKI, Fifth and Madison, Seward, concurred with Johnson's comments.
WILLARD DUNHAM, Dimond Blvd., Forest Acres, Seward, objected
to designating the area surrounding City Hall and the Fire Station as
Institutional and added that this would not be the ideal place for a new
public safety building. He suggested that the City consider using the
City Shop property for a public safety facility, leaving the historic
buildings in the vicinity of City Hall as they are. He also suggested
that the City consider revising the height restrictions on buildings so
that higher buildings could be constructed in the central business
district.
JOHN GILLESPIE, 606 Fifth Avenue, Seward, left the dais and
addressed the Council as a private citizen. Gillespie stated that to
require developers to install curbs and gutters in new subdivisions
would make the purchase price of residential lots far beyond the reach
of the average buyer. He also objected to designating undeveloped land
on the main thorough fare as R3. Gillespie further requested Council to
consider designating all of Third Avenue, with the exception of "Mil-
lionaire's Row", Auto-Oriented Commercial.
W. C. CASEY, 702 Third Avenue, concurred with Gillespie's
statements relative to Third Avenue.
DEPUTY CITY MANAGER SCHAEFERMEYER stated that there seemed to
be some confusion as to the difference between "Land Use Planning" and
"Zoning". He stated that what was being proposed in the Land Use Plan
would not affect current zoning of City property. He further explained
that the Land Use Plan is used as a guide when requests for rezone are
received from the public.
No one else appeared in order to be heard and the public
hearing was closed.
PH (Shiplift Lease)B. Notice of public hearing as posted and published by law
was noted and the public hearing relative to a proposed one-year lease
of the shiplift facility to Joel Steelman was opened. Cripps noted for
the record a letter received from Seward Ships Chandlery obj ecting to
the lease.
?r;
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REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
I
JIM PRUITT, Maple Street, Forest Acres, stated that he had not
been able to utilize the shiplift as promised under Steelman's original
120-day lease. He added that Steelman had substantially raised the cost
of using the shiplift after the agreement had been negotiated. Pruitt
further noted that three of the vessels Steelman claimed to have raised
and serviced during his prior lease had actually been hauled and ser-
viced by Pruitt's firm (Seward Ships Chandlery).
JOEL STEELMAN, Second Avenue, Seward, stated that he had
attempted to settle his disagreements with Pruitt in private, but had
been unable to communicate with him.
WALTER CHRISTOLEAR, Brown and Hawkins Apartments, asked the
status of Chemical Bank's marketing efforts. Cripps noted that the
marketing efforts were ongoing, but thus far no interest had been
forthcoming.
JIM PRUITT once again appeared before the Council and stated
that he did not know how such a lease arrangement could work with multi
users. He added that he wanted to participate in the use of the ship-
lift on an equal basis.
No one else appeared in order to be heard and the public
hearing was closed.
I
RECESS: The meeting was recessed at 8:34 p.m.; reconvened at 8:45 p.m.
PH (Puffin Lease): C. Notice of public hearing as posted and published by law
was noted and the public hearing relative to a proposed joint use of
facilities agreement with Puffin Public Broadcasting for use of the
City's satellite receiving station was noted.
SANDRA WASSILIE, Jefferson Street, Vice President of Puffin
Public Broadcasting (PPB) , urged the Council to approve the joint use
agreement. She stated that the proposed agreement was the culmination
of the effort by a group of local people over the last three years to
bring public radio to Seward. She stated that the PPB Board had chosen
to broadcast KSKA out of Anchorage because of the types of programming
offered and the cost effectiveness of picking up the signal via
satellite.
JONATHAN SEWALL, Dimond Blvd., Seward, member of the PPB Board
of Directors, stated that the number one concern of the Board had been
to bring quality programming to Seward. He noted that the local station
would receive the benefit of KSKA's expertise in its local programming
and that this programming would be heard throughout the KSKA listening
area, creating spin-offs in other areas such as promotion of local
events. He asked Council's support of the resolution approving the
agreement.
I
DUANE STEELE, Seward, stated that he was initially concerned
about what local businesses would receive from the new station, but
after investigating on his own, he now supported the venture.
36
PAGE 36
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
LITTLE LEAGUE: A. E. T. CORBIN, representing Seward Little League Asso-
ciation, asked Council's support in acquiring one new field for Little
League and upgrade of the existing field, commonly referred to as "Boul-
der Stadium". He stated that the Little League Association is trying to
establish a minor league, a junior league and a senior league so that
youth of all ages would have a summer baseball program. Corbin present-
ed the Council with a petition bearing 350 signatures in support of
developing grass baseball fields for the Little League.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
CAMPER PARKS/ORD: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 21-26 OF THE SEWARD CITY CODE
BY INCREASING THE MAXIMUM NUMBER OF
DAYS ALLOWED PER CAMPER UNIT IN
LICENSED CAMPER PARKS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
WALTER CHRISTOLEAR, Brown and Hawkins Apartments, asked if the
proposed ordinance covered City campgrounds. Schaefermeyer stated that
the ordinance change would apply only to licensed camper parks such as
the Tesoro Camper Park.
No one else appeared in order to be heard and the public
hearing was closed.
MEEHAN MOVED TO ENACT ORDINANCE NO. 549; THE MOTION WAS
SECONDED BY SCHOLL.
Gillespie noted that the Advisory Planning and Zoning Commis-
sion had recommended that Council reject the ordinance. Meehan stated
that following the recommendation of the Planning Commission would limit
a private camper park's business to tourists. Scholl disagreed with the
recommendation from the Commission and stated that he supported the
ordinance as written. Williams stated that the Council should follow
the recommendation made by the Planning Commission, adding that there
were provisions in the Trailer Code for operating a Trailer Park to take
37
PAGE 37
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
I
care of those other than tourists. Hilton concurred with Gillespie and
Williams and suggested that the Council follow the recommendations of
the Planning Commission.
CRIPPS MOVED TO TABLE THE MOTION TO ENACT ORDINANCE NO. 549;
THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
C. Resolutions:
COMP PLAN/RESO: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, RECOM-
MENDING THE ADOPTION OF THE DRAFT
SEWARD COMPREHENSIVE PLAN FOR THE
CITY OF SEWARD.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-86; THE MOTION WAS
SECONDED BY HILTON.
I
Gillespie stated that he would like to see the public comments
received during the earlier public hearing included in the draft plan
before forwarding it to the Borough for approval. Simutis and Williams
concurred. Cripps suggested that it be returned to the Planning Commis-
sion for review.
GILLESPIE MOVED TO TABLE ACTION ON THE RESOLUTION UNTIL THE
SEWARD ADVISORY PLANNING AND ZONING COMMISSION HAS CONDUCTED ANOTHER
REVIEW OF THE COMP PLAN; THE MOTION WAS SECONDED BY HILTON AND CARRIED
UNANIMOUSLY.
RESO /LEASE: 2. Copies having been made availab Ie to the pub lie,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A 12-MONTH LEASE OF THE MIC
SHlPLIFT PLATFORM TO JOEL STEELMAN,
DBA SEWARD STEELWORKS.
HILTON MOVED TO APPROVE RESOLUTION NO. 85-87; THE MOTION WAS
SECONDED BY SIMUTIS.
I
In response to a question from Simutis, Engineering and
Utilities Manager Paul Diener explained that the O&M cost for the
shiplift was about $60,000 per year and at the present time the City was
"breaking even". He further explained that Steelman had been forced to
raise the cost for Pruitt to use the shiplift because of increased
insurance costs necessitated by changes made after the initial 120-day
agreement had been signed. Scholl asked why the City had not requested
proposals for the one-year lease. Diener explained that the City is
involved in marketing the facility and the proposed one-year lease
provides the flexibility needed to continue with the marketing efforts.
38
PAGE 38
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
Gillespie, Meehan and Cripps stated that, prior to taking action on a
one-year lease, they would like to see a resolution of the differences
between Pruitt and Steelman. Schaefermeyer suggested that Council amend
this resolution to approve a short term (30-day) lease with Steelman and
refer other issues to the Council's SMIC committee.
SIMUTIS MOVED TO AMEND PROPOSED RESOLUTION NO. 85-87 BY
SUBSTITUTING "30-DAY" FOR THE TERM "12-MONTH" IN SECTION 1; THE MOTION
WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
SCHOLL MOVED TO AMEND THE RESOLUTION BY SUBSTITUTING THE TERM
"SEWARD MARINE INDUSTRIAL CENTER" FOR THE DESIGNATION "MIC" THROUGHOUT
THE RESOLUTION; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANI-
MOUSLY.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND IT CARRIED
UNANIMOUSLY.
RESO/RADIO/LEASE: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROVING
A JOINT USE OF EQUIPMENT AGREEMENT
WITH PUFFIN PUBLIC BROADCASTING, INC.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-88; THE MOTION
WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
RESO/ELECTIONS/PERSON- 4. Copies having been made available to the public,
NEL: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, PLACING A
PROPOSITION ON THE OCTOBER 1, 1985,
REGULAR ELECTION BALLOT RELATIVE TO A
PROPOSED AMENDMENT TO SECTION 3.6 (c)
OF THE CITY CHARTER.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-89; THE MOTION
WAS SECONDED BY SCHOLL.
Cripps stated that the last time this proposal to allow
hospital employees to participate in PERS (State retirement system) had
been discussed, Seward General Hospital (SGH) was slated to become a
department of the City, allowing Council and the City an overview of its
operations. Under the current proposal, the City would not be involved
in the hospital's administration. Cripps stated that he could not
support such a proposal.
Scholl responded that the actual overview would be addressed
in the ordinance which would be developed if the voters approved the
Charter amendment. He added that everyone concerned had wanted to avoid
having the City take too direct a role in the operation of SGH.
1)(\
.' ~J
PAGE 39
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
I
Williams objected, stating that Council needs some overview of the
hospital.
THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE "YES"
VOTES AND CRIPPS AND WILLIAMS VOTING "NO".
PURCHASING/RESO: 5.
available to the
tion entitled:
Copies having been distributed to Council and made
public, Cripps noted by title only a proposed resolu-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE PURCHASE OF ELECTRICAL
CONSTRUCTION MATERIALS WITHOUT FULL
UTILIZATION OF THE BID PROCEDURES SET
FORTH IN SECTION 10-8 OF THE SEWARD
CITY COUNCIL.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-90; THE MOTION WAS
SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
X.
UNFINISHED BUSINESS:
I
A. Administrative Assistant Kerry Martin stated that his
memorandum to the Council relative to the Army and Air Force leases of
the Recreation Camp Site was presented to Council for information only;
no action was needed at this meeting. He noted that the long term
leases had been forwarded to the Army and the Air Force for signatures.
X1. NEW BUSINESS:
FIRE DEPT/CON- A. HILTON MOVED TO AUTHORIZE THE AWARD OF A CONTRACT WITH
~: PIONEER-PACIFIC CONSULTANTS FOR THE PREPARATION OF A MASTER FIRE PRO-
TECTION PLAN FOR AN AMOUNT NOT TO EXCEED $20,000; THE MOTION WAS SECOND-
ED BY SIMUTIS.
Williams stated that the emergency medical service providers
should be included within the scope of the contract. Gillespie and
Scholl concurred. In response to a question from Meehan, Fire Chief
John Gage stated that Pioneer-Pacific was the only firm asked to submit
a proposal. He added that he was confident that this firm was capable
of including EMS in its master plan.
STREET
~:
GILLESPIE MOVED TO TABLE THE MOTION UNTIL THE CONTRACT COULD
BE AMENDED TO INCLUDE EMERGENCY MEDICAL SERVICES IN THE SCOPE OF THE
AGREEMENT; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
DEPT/CON- B. MEEHAN MOVED TO AWARD A CONTRACT TO PARKER PAVING COMPANY
FOR 1985 STREET IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $84,050; THE
MOTION WAS SECONDED BY SCHOLL.
I
In response to a question from Scholl, Gillespie explained
that Ballaine Blvd. was chosen over Second Avenue for paving because it
was the designated truck route.
40
PAGE 40
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
CON-Ds-o:
-HANSCOMB
SECONDED
C. MEEHAN MOVED TO APPROVE CHANGE ORDER NO. 4 TO THE ACRES/-
CONTRACT IN AN AMOUNT NOT TO EXCEED $77 ,400; THE MOTION WAS
BY SCHOLL.
In response to a question from Williams, Bill Toskey of A/H
explained that the resident staff consisted of 2 full time inspectors,
the administrative staff, a half time person from Anchorage and Mr.
Toskey.
THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE "YES"
VOTES AND GILLESPIE AND SIMUTIS ABSTAINING. (Gillespie owns the office
space leased by A/H and Simutis is employed by the firm.)
CON- t1-7:
D. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE
NEWBERY CONTRACT TO EXTEND THE COMPLETION DATE TO JULY 15, 1985; THE
MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
CON-~: E. HILTON MOVED TO APPROVE CHANGE ORDER NO. 2 TO THE
SOUTHWEST COMPANY CONTRACT TO TAKE CARE OF THE ARBITRATION AWARD; THE
MOTION WAS SECONDED BY SIMUTIS.
City Attorney Arvidson explained that the arbitrators found
for Southwest in the amount of $61,600, plus interest in the amount of
$4, 720.65, for a total amount of $65,870.65. He noted that this was
$6,000 more than the City had offered to settle.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
Xl I. CITY MANAGER REPORTS:
None
XlII.
COUNCIL DISCUSSION:
GILLESPIE noted a letter the Council had received from the
Chamber of Commerce relative to the condition of the boat ramp in the
Small Boat Harbor; he asked the administration to investigate. He also
requested a report from Parks and Rec: gn the Little League request for
an additional ball field and upgrade of the existing field. Schaefer-
meyer stated that the City planned to plant grass on the existing field,
but a new field would require a large expenditure. Gillespie requested
a report on a possible sight and a hard dollar figure for a new field.
MEEHAN noted the number of derelict boats in the Small Boat
Harbor and asked how much the Harbor is required to write off each year
for uncollected storage fees. Schaefermeyer stated that the Council
would be provided with the Small Boat Harbor Aging Account which would
show this information. Meehan also complimented Kerry Martin on his
work on the Comprehensive Plan.
SCHOLL stated that he disagreed with comments made by Willard
Dunham concerning the Comprehensive Plan. He noted that there was a
41
PAGE 41
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
I
need for a core public safety building and the construction of such a
building in the area designated would eliminate one of the City's eye
sores. Scholl suggested that the City investigate purchasing the
Andrews building from the family or possibly exchanging some land for
the site.
WILLIAMS noted that her agenda packet had not been delivered
until Sunday evening and asked that the Police Department be instructed
to deliver the packets in a more timely manner. She also objected to
the large stack of material placed before the Council for review before
the meeting. Williams asked the administration to investigate why the
apartment parking area (located adjacent to the American Legion) had not
yet been paved as required by the Conditional Use Permit issued for the
project. Williams also stated that, while she supported Little League,
public participation was needed in the construction of a new ball field.
She further asked why the boats in the parking lot at the SBH had not
been moved this summer.
XIV. CITIZENS' DISCUSSION:
I
SANDY WASSILIE, Jefferson Street, thanked the Council on
behalf of Puffin Public Broadcasting, Inc., for approving the joint use
of equipment lease. Wassilie also stated that the Planning Commission
had put many hours into the development of the draft Comp Plan. She
noted that, no matter how many opportunities the public had to comment,
there would always be "11th hour" comments and suggestions. She invited
the Council to attend the next meeting of the Planning Commission when
the plan would be revised as requested by the Council.
BEVERLY DARBYSHIRE, 304 Second Avenue, stated that she was
disappointed that Second Avenue was not to be paved this year.
TIM POLLARD, Second and Jefferson, stated that he was disap-
pointed that the Council elected to refer the Comp Plan back to P&Z. He
added that those who did not take advantage of the other numerous public
hearing opportunities should not have been given the opportunity to do
this at this meeting.
LEE SORENSEN, 221 Sixth Avenue, gave his support to a new
Little League field. He noted that the grass on the new softball field
had died this season. He also suggested that a paved trail be con-
structed to the new softball field to give better access to senior
citizens and handicapped people.
BILL GLENN, 1027 Second Avenue, noted that Little League will
have 6 teams next summer. He added that the existing rock field was
dangerous for baseball play.
I
MARGARET BRANSON, 500 Fourth Avenue, asked the administration
to mend several "serious holes" on City streets. She also stated that a
stop sign was needed at Fifth and Madison for safe entry and exit from
the new Post Office.
4i
PAGE 42
REGULAR MEETING - AUGUST 12, 1985
VOLUME 21
GENE MCBRIDE, nonresident, urged the Council to favorably
reconsider the Steelman lease at its next meeting.
WALTER CHRISTOLEAR, Brown and Hawkins Apartments, asked why
the Borough had to approve zoning. Schaefermeyer explained that zoning
was a Borough power. Christolear also suggested that the City try to
stage an olympic event here if Anchorage gets the bid for the 1992
Olympics.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
SCHOLL stated that if the City provided all supplies for
construction of a Little League field, the Little League Association
could provide the manpower to get the job done.
HILTON noted that before grass would grow on the existing
field, the level of the field would have to be raised.
XV. ADJOURNMENT:
The meeting was adjourned at
/M"'/{
, L ~
~ '<1/7
Donald W. Cripps
Mayor
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1.
CALL TO ORDER:
The August 19, 1985,
Council was called to order at
Meehan.
special meeting of the Seward City
7: 30 p. m. by Vice Mayor Michael J.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor Meehan and Councilmembers Gillespie,
Scholl, Simutis and Williams (Absent with
Council consent were Mayor Cripps and Council-
member Hilton)
Present also: City Manager Garzini and City Clerk Murphy
I PH
I
I
43
PAGE 43
SPECIAL MEETING - AUGUST 19, 1985
VOLUME 21
IV. PUBLIC HEARINGS:
(Prison Lease): A. Notice of public hearing as posted and published by
was noted and the public hearing relative to the proposed lease of
Spring Creek Correctional Facility Site to the State of Alaska
opened; no one appeared in order to be heard and the public hearing
closed.
law
the
was
was
V.
RESOLUTIONS:
RESO/LEASE: A. Copies having been made available to the public, Meehan
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROVING
THE DISPOSITION OF REAL PROPERTY OF
THE CITY OF SEWARD KNOWN AS THE
SPRING CREEK CORRECTIONAL FACILITY
SITE; AUTHORIZING THE EXECUTION OF AN
AGREEMENT OF LEASE OF SAID REAL
PROPERTY BY AND BETWEEN THE CITY AND
THE STATE OF ALASKA, AND A TRUST
INDENTURE AND ASSIGNMENT OF SAID
LEASE BY AND BETWEEN THE CITY AND
RAINIER NATIONAL BANK AS TRUSTEE; AND
RELATED MATTERS.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-91; THE MOTION
WAS SECONDED BY WILLIAMS.
Garzini suggested that both resolutions before the Council be
addressed simultaneously. He then introduced the following individuals
who had been and continued to be actively involved in the financing of
the project: Bob Nelson, Special Project Advisor; Eric Wohlforth, the
City's Bond Counsel; Gary Larsen, Managing Director of Prudential-Bache
Securities, Inc.; and Don Grimes, Senior Vice President of First South-
west Company, the City's Financial Advisor. Garzini further stated that
City Engineering and Utilities Manager Paul Diener, Bob Nelson and he
had participated in the negotiations for the Transfer of Responsibil-
ities Agreement (TORA) between the City and the State Department of
Transportation and Public Facilities (DOT/PF) and the Project Management
Agreement.
In response to questioning from Meehan, Grimes explained that
a total of $15.3 Million of the original State appropriation of $18
Million had been transferred to the City from DOT/PF. The difference
represented DOT/PF's project management fee of $1.1 Million and funds
spent for planning and architectural work. Larsen explained that the
$15.3 Million in State funds had been deposited in a separate account
which would be spent prior to spending funds received from the sale of
approximately $40 Million in Certificates of Lease Participation
(COP's). He added that any earnings on the State funds would revert
back to the State. Gillespie noted that the original estimate for
construction of the prison facility had been $42-44 Million. He
44
PAGE 44
SPECIAL MEETING - AUGUST 19, 1985
VOLUME 21
questioned the need for the total of $55 Million now being discussed.
Larsen explained that it would be necessary to capitalize the interest
on the issue for the first three years until construction is complete
and lease payments are being made by the State.
Meehan expressed his concerns relative to potential risk to
the City. Wohlforth and Grimes explained that the financing is similar
to Industrial Development Bonds in that the City would merely act as a
conduit for the financing. Grimes noted that the City's only obligation
is to pay through revenues pledged by the State of Alaska. Garzini
added that, while the City would probably be named in any lawsuit
stemming from this project, the State would be obligated to take a front
line position.
In response to Simutis' concerns relative to the City's
potential liability for design errors, Nelson stated that the word
"design" was deliberately omitted from the project management agreement.
Garzini closed by stating that although the City would realize
no income from the lease of the facility to the State, the City would
recover from the financing all costs incurred by the City.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
RESO/PRISON: B. Copies having been made available to the public, Meehan
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE EXECUTION OF A TRANSFER OF
RESPONSIBILITIES AGREEMENT AND A
PROJECT MANAGEMENT SERVICES AGREEMENT
BY AND BETWEEN THE CITY AND THE STATE
OF ALASKA; AND RELATED MATTERS.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 85-92; THE MOTION
WAS SECONDED BY SIMUTIS AND UNANIMOUSLY CARRIED.
VI. CITIZENS' DISCUSSION:
None
VII. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
SCHOLL commented on a letter to the Council from City Attorney
Arvidson outlining the potential risks involved in the prison financing
project. Scholl stated that the comments were probably not appropriate
at this late date. In response to a question from Scholl, Garzini
stated that closing had been delayed for one week and was now scheduled
for September 26.
S lMUTI S
City staffing.
affected.
asked what impact prison construction would have
Diener replied that City staffing should not
on
be
I
I
I
45
PAGE 45
SPECIAL MEETING - AUGUST 19, 1985
VOLUME 21
DIENER reminded the Council that the bid opening for the
construction contract was scheduled for 1: 00 p.m., September 5 in the
AVTEC auditorium. He invited the Council to be present.
V11 1.
ADJOURNMENT:
~1::c:.z,., The meeting was adj ourned at 8: 10 p. m.
. ie''-'-" () t S E ~;~
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Michael J. Meeha~
Vice Mayor
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, City' "C1el"k:: :
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.'~~~1~~______________________________________________-----------------
PAGE 45 REGULAR MEETING - AUGUST 26, 1985 VOLUME 21
1.
CALL TO ORDER:
The August 26, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
11.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie,
Meehan, Simutis and Williams (Absent with
Council consent were Councilmembers Hilton and
Scholl)
Present also:
City Manager Garzini, Deputy
Schaefermeyer, City Attorney
Deputy City Clerk Audette
City Manager
Arvidson and
IV. APPROVAL OF MINUTES:
None
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of Garzini, GILLESPIE MOVED TO MEET IN EXECU-
TIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS IN
ORDER TO DISCUSS MATTERS UNDER LITIGATION; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY.
46
PAGE 46
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY WILLIAMS AND
CARRIED UNANIMOUSLY. The following actions were taken:
ATTY
1.
July 31, 1985, invoice from Baily and Mason for legal
services totalling $240.49, was approved for payment and
filed; and
2. August 13, 1985, final report relative to the Jap
Creek/Spring Creek fish mitigation project, was noted for
information and filed.
VI. BOROUGH ASSEMBLY REPORT:
The Borough Assembly report was postponed until the arrival of
Jonathan Sewall. (See Page 47.)
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Brad Snowden, 525 Sixth Avenue, Seward, appeared before
the Council in regard to his Small Boat Harbor lease site. Snowden
proposed that the Lessee retain ownership of the building on the lease
site in order that it might be borrowed against. (Currently the Lease
documents state that the City retains ownership but reimburses con-
struction costs to the Lessee.) Snowden also suggested that the
Boardwalk lease sites were premium property and as such should be leased
at a higher rate that the Harbor lease sites West of Fourth Avenue; and,
the leases should be for a period of 4 years.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CREATING
SECTION 10-21 OF THE SEWARD CITY CODE
RELATIVE TO INVESTMENT AND
COLLATERALIZATION OF PUBLIC FUNDS.
GILLESPIE MOVED TO INTRODUCE ORDINANCE NO. 550; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Public hearing was
scheduled for September 9, 1985.)
B. Ordinances for Public Hearing and Enactment:
None
I
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PAGE 47
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
C. Resolutions:
RESO/RE: 46 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A 12-MONTH LEASE OF THE MARINE
INDUSTRIAL CENTER SHIPLIFT PLATFORM
TO JOEL STEELMAN, DBA SEWARD
STEELWORKS.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-93; THE MOTION WAS
SECONDED BY WILLIAMS.
Gillespie noted that at the August 12, 1985, regular meeting,
Council had directed the administration to meet with Steelman and James
Pruitt to try to work out an amicable solution to any differences the
two parties might have regarding the lease and use of the Marine Indus-
trial Center (MIC) shiplift platform. Garzini reported that the City
Council MIC committee had met with Steelman to review financial informa-
tion and that the group had come from the meeting recommending the
12-month lease with Steelman. Gillespie voiced his protest stating that
only one side of the story had been obtained. Simutis, who had been
present at the meeting with Steelman, noted that Pruitt's concern as
stated at the August 12th meeting had been over why he was charged more
for use of the lift than had been previously agreed upon and that the
committee felt comfortable with Steelman's response of high insurance
premium cost on the shiplift itself and the liability of allowing other
shiplift users under his policy. Meehan also pointed out that Pruitt
had been invited to meet with Diener, Utilities Manager, but apparently
had not. Garzini offered to invite Pruitt and Steelman to a joint
meeting and report back to Council. Williams and Cripps stated that if
the committee felt comfortable with a 12-month lease to Steelman, then
they did also.
In response to a recommendation from Arvidson, MEEHAN MOVED TO
WAIVE THE APPRAISAL AS REQUIRED FOR LONG-TERM LEASES; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
THE QUESTION WAS CALLED ON THE MOTION TO APPROVE RESOLUTION
NO. 85-93 AND IT CARRIED UNANIMOUSLY.
VI. BOROUGH ASSEMBLY REPORT: (Taken out of order)
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the August 20, 1985, meeting of the
Borough Assembly.
x.
UNFINISHED BUSINESS:
A. Arvidson explained to the Council that proposed ORDINANCE
NO. 549, AMENDING SECTION 21-26 OF THE SEWARD CITY CODE BY INCREASING
THE MAXIMUM NUMBER OF DAYS ALLOWED PER CAMPER UNIT IN LICENSED CAMPER
*** NOTE AMENDMENT TO READ "SEWARD MARINE INDUSTRIAL CENTER (SMIC)".
t1.7
***
48
PAGE 48
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
PARKS, was tabled to a time not specific at the August 12th Council
meeting and that if the Council did not remove it from the table this
meeting it would die. No action was taken; the motion died.
COMP PLAN B. Arvidson explained to the Council that proposed RESOLU-
TION NO. 85-86, RECOMMENDING THE ADOPTION OF THE DRAFT SEWARD COMPREHEN-
SIVE PLAN FOR THE CITY OF SEWARD, was tabled to a time specific at the
August 12th Council meeting and was therefore now before the Council for
discussion and action.
Gillespie noted August 22, 1985, memoranda from John Woodruff,
Chairperson, Seward Advisory Planning and Zoning Commission, and Christy
Audette, Deputy City Clerk, which summarized action taken by the Commis-
sion at its special meeting of August 21, 1985, in regard to the draft
Comprehensive Plan update. Gillespie voiced his disagreement with the
Commission's recommendation that Third Avenue be designated Of-
fice/Residential in the proposed Land Use Plan stating that he felt that
Third Avenue should stay designated as Auto-Oriented Commercial.
Gillespie stated that the three reasons given by the Commission for
changing the designation were incorrect or erroneous. Williams reported
that she had attended the special meeting and that, while she might not
personally agree with the Commission's decisions, she would support
them.
JOHN WOODRUFF, at the request of Gillespie, appeared before
the Council and explained that the Office/Residential designation was
not included in the present Land Use Plan and had not been defined as
yet. Woodruff stated that perhaps the Anchorage definition would be
used; that the main purpose would be to encourage office development
rather than businesses that are high traffic creators such as gas
stations and quick-stop groceries.
Following a short discussion, GILLESPIE MOVED TO AMEND THE
MAIN MOTION BY CHANGING THE LAND USE PLAN DESIGNATION FOR THIRD AVENUE
BETWEEN WASHINGTON AND VAN BUREN STREETS FROM OFFICE/RESIDENTIAL TO
AUTO-ORIENTED COMMERCIAL, EXCEPT THAT AREA WEST OF THIRD AVENUE BETWEEN
JEFFERSON AND MADISON STREETS (MILLIONAIRE'S ROW TO REMAIN DESIGNATED
OFFICE/RESIDENTIAL), AND EXCEPT THAT AREA EAST OF THIRD AVENUE BETWEEN
MADISON AND MONROE STREETS (AVTEC TO REMAIN DESIGNATED INSTITUTIONAL),
AND EXCEPT TRACT A, BLOCK 3, OCEANVIEW SUBDIVISION (BAYSIDE APARTMENTS
TO REMAIN DESIGNATED MULTI-FAMILY RESIDENTIAL); IT WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND IT PASSED
UNANIMOUSLY.
CON-148 C. (A motion had been made at the August 12, 1985, Council
meeting TO AWARD A CONTRACT WITH PIONEER-PACIFIC CONSULTANTS FOR PREPA-
RATION OF A MASTER FIRE PROTECTION PLAN FOR AN AMOUNT NOT-TO-EXCEED
$20,000.00. Council tabled the motion to August 26, 1985, in order that
THE CONTRACT'S SCOPE OF WORK INCLUDE EMERGENCY MEDICAL SERVICES AND
CHANGE THE NOT-TO-EXCEED FIGURE. The August 26, 1985, Council meeting
information packet included the amended contract with the not-to-exceed
figure changed to $23,500.00.)
I
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PAGE 49
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
Following a short discussion, THE QUESTION WAS CALLED TO AWARD
A CONTRACT WITH PIONEER-PACIFIC CONSULTANTS FOR PREPARATION OF A MASTER
FIRE PROTECTION PLAN, INCLUDING EMERGENCY MEDICAL SERVICES, FOR AN
AMOUNT NOT-TO-EXCEED $23,500.00; THE MOTION PASSED UNANIMOUSLY.
XI. NEW BUSINESS:
CLAIMS A. SIMUTIS MOVED TO AUTHORIZE THE CITY MANAGER TO PAY
RANDOLPH L. DICKEY'S CLAIM FOR DAMAGES IN THE AMOUNT OF $292.00; IT WAS
SECONDED BY WILLIAMS. August 14, 1985, memorandum from Diener recom-
mending denial of the claim based on Section 22-79 of the Seward City
Code which states that the City is not liable for damage resulting in
any way from the supply or use of electricity (such as that sustained by
Dickey's microwave oven) unless such damage results from the sole
negligence of the City and in this case was not, was noted.
Following a short discussion, THE QUESTION WAS CALLED AND THE
MOTION FAILED TO CARRY WITH ALL MEMBERS VOTING "NO".
CON-ISO B. GILLESPIE MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH JUDKINS CONSTRUCTION COMPANY FOR CONSTRUCTION OF
CONCRETE FOUNDATIONS IN THE SEWARD SUBSTATION IN AMOUNT NOT-TO-EXCEED
$5,698.00; IT WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (August
20, 1985, memorandum from Diener recommending Judkins Construction
Company as the lowest responsive bidder for the project was noted.)
C OF C C. IT WAS MOVED BY SIMUTIS TO APPROVE, IN CONCEPT, A
THREE-YEAR PURCHASE OF $10,000 PER YEAR, FOR THREE YEARS, FOR COMMUNITY
PROMOTION THROUGH THE CHAMBER OF COMMERCE PROVIDED THAT THE CHAMBER
RAISES $40,000 PER YEAR FROM THE PRIVATE SECTOR TO PURCHASE SAME FROM
THE ALASKA TELEVISION NETWORK; THE MOTION WAS SECONDED BY WILLIAMS.
(August 21, 1985, memorandum from Garzini recommending the concept; and,
August 20, 1985, letter from Duane Triplett, President of Alaska
Television Network, requesting the City's support in establishing the
"Peninsula News Bureau", were noted.)
HARRY DREW, Executive Director, Seward Chamber of Commerce,
and DUANE TRIPLETT, appeared before the Council to explain the proposi-
tion.
Simutis stated that she would like to see the $10,000 figure
amended to "$10,000 or less", adding that she did not think the City
should be involved with TV promotion. Williams stated that she did not
like to see the City in the advertising business.
WILLIAMS MOVED TO TABLE THE MOTION UNTIL THE COUNCIL COULD SEE
WHAT THE CHAMBER OF COMMERCE CAN DO WITH SELLING ADVERTISING IN THE
PRIVATE SECTOR AND THEN COME BACK TO COUNCIL FOR THE DIFFERENCE; IT WAS
SECONDED BY SIMUTIS AND FAILED TO CARRY WITH CRIPPS, GILLESPIE AND
MEEHAN VOTING NO.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND IT CARRIED WITH
WILLIAMS VOTING NO.
50
PAGE 50
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
CON-068 D. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 6 TO THE
CONTRACT WITH EBASCO SERVICES, INC., FOR AN AMOUNT NOT-TO-EXCEED
$13,000.00; IT WAS SECONDED BY WILLIAMS. (August 16, 1985, memorandum
from Diener and August 8, 1985, letter from William Toskey recommending
approval of the change order were noted.)
WILLIAM TOSKEY, Project Manager, appeared before Council and
provided further explanation for the requested change order.
Following a short discussion, THE QUESTION WAS CALLED AND THE
MOTION CARRIED UNANIMOUSLY.
CON-068 E. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 7 TO THE
CONTRACT WITH EBASCO SERVICES, INC., FOR AN AMOUNT NOT-TO-EXCEED
$72,122.00; IT WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
(August 16, 1985, memorandum from Diener recommending approval was
noted.)
XII. CITY MANAGER REPORTS:
Robert Peirson, City Comptroller, introduced Susan Mahlum,
Audit Manager for Bigler, Kohler and Obendorf, auditors for the City.
Mahlum reported that she would be in Seward working on the City's annual
audit and asked that if the Council had any questions to please contact
her.
XII 1.
COUNCIL DISCUSSION:
GILLESPIE commended the men's and women's softball teams for
their performance the past weekend.
CRIPPS commended the people involved in preparing the applica-
tion for the All American City Award for a job well done. Cripps also
noted a certificate received from the National Committee on Employment
Policy.
XIV. CITIZENS' DISCUSSION:
ROBERT VALDATTA, 528 Fifth Avenue, Seward, appeared before
Council and asked how long the Marine Industrial Center (MIC) Council ***
committee had been in operation. He also asked for a status report on
Chemical Bank's efforts to secure a lessee for the Marine Industrial
Center. Valdatta asked how much it would cost to put the rail system in
at the MIC and suggested the City had not made enough effort to secure
financing for the system. Valdatta recommended that the City sell bonds
to finance the project. Garzini stated that if the City funded the
system an approximate two/thirds increase in the mill levy for the City
residents would have to be initiated. Garzini stated that the rail
system would be the City's number one priority during the upcoming
session. Valdatta also suggested that the City had shifted and spent
funds which had been earmarked for the Fourth Avenue Dock improvements
and recommended that the City now sell bonds to finance those Dock
improvements.
*** NOTE AMENDMENT TO READ "SEWARD MARINE INDUSTRIAL CENTER (SMIC)".
F'1
PAGE 51
REGULAR MEETING - AUGUST 26, 1985
VOLUME 21
I
JOEL STEELMAN, Second Avenue, Seward, appeared before Council
in response to Valdatta's comments stating that the City and Chamber had
made tremendous efforts to secure financing to install the rail system
at MIC.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
GILLESPIE, in response to Valdatta's concerns, stated that the
shiplift was a $36 Million facility that had been funded entirely by
State funds through oil revenues and that he did not want to burden the
local tax payers with a mill rate increase to fund the rail system.
Gillespie added that the City had worked with the Legislature last
session to fund the system, the Legislature had approved the expenditure
but the Governor had vetoed it. Gillespie also pointed out the Spring
Creek Correctional Facility project would not have been possible without
the electric power and road access that had been provided as a result of
the construction of the Shiplift Facility. In regard to Valdatta' s
comments on the Fourth Avenue Dock improvements, Gillespie explained
that the voters had authorized the City to sell $2 Million in bonds for
the dock but were not sold after further study revealed that the $2
Million would not come close to financing the project.
I
MEEHAN, in response to Valdatta's concerns, stated that
Chemical Bank was not a fly-by-night operation and it was earnestly
seeking a tenant for MIC and that the Council and City Administration
had worked diligently to obtain financing for the rail system.
XVI. ADJOURNMENT:
The meeting was adjourned at
9:15 p.m.
(. // / (L/
-( / ~c'?/}l {{, C:/j'h
Donald W. Cripps '
Mayor
l' II ~1;~~;i1~~"fW
Chr~~:)'. .~~ tel:.;" .0
DeWtY"':.f4:ty CI.erk ~.c' ,
'-.: .
(C~, ~eal)'
~
.~"
I
52
PAGE 52
REGULAR MEETING - SEPTEMBER 9, 1985
VOLUME 21
1.
CALL TO ORDER:
The September 9, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Scholl, Simutis and Williams
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Arvidson and City Clerk Murphy
IV. APPROVAL OF MINUTES:
MEEHAN MOVED TO APPROVE THE AUGUST 12, 19 AND 26, 1985,
MINUTES AS PRESENTED; THE MOTION WAS SECONDED BY GILLESPIE.
Scholl asked that all references to "Marine Industrial Center
(MIC)" appearing on pages 47 and 50 of the minutes be amended to read
"Seward Marine Industrial Center (SMIC)". There was no obj ection from
the Council.
QUESTION WAS CALLED AND THE MOTION PASSED WITH SIX "YES" VOTES
AND HILTON ABSTAINING.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
request
building)
Williams asked that Consent Calendar Item No. 8 (Foosnes
for ROW encroachment on the north side of the Old Solly's
be moved to Agenda Item No. XI(C).
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY HILTON AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/DOCK:
1.
Resolution No. 85-94, authorizing a request to assume
responsibility (TORA) for making improvements to the
Fourth Avenue Dock, was approved and filed;
RESO/PURCHASING:
2.
Resolution No. 85-95, authorizing the purchase of sand
for winter ice control without full utilization of City
bid procedures, was approved and filed;
RESO/LEASE:
3.
Resolution No. 85-96, approving a short term lease of a
portion of Lot 16, Industrial Park Subdivision, to Chris
Berg, Inc.. was approved and filed;
I C.ATTY:
C.ATTY:
PURCHASING:
PURCHASING:
I
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PAGE 53
REGULAR MEETING - SEPTEMBER 9, 1985
VOLUME 21
4.
July 1985 invoice from HTGP&B for legal services total-
ling $47,892.24, was approved for payment and filed;
5.
August 14, 1985, invoice from HTGP&B for legal services
rendered in connection with the Cavanaugh case totalling
$570.50, was approved for payment and filed;
6.
A request for authorization to issue a purchase order to
Hutchings Chevrolet of Soldotna in the amount of $17,-
456.59 for the purchase of a I-Ton flatbed truck for the
Harbor Department was approved and filed;
7.
A request for authorization to issue a purchase order to
Anchorage Chemical Company in an amount not to exceed
$5,355 for the purchase of salt and calcium chloride for
winter ice control was approved and filed;
8. Moved to Regular Meeting Agenda Item No. XI(C);
9. September 3, 1985, letter from Governor Bill Sheffield
setting a November 1, 1985, deadline for receipt of
community capital requests was noted for information and
filed; and
10. September 10, 1985, memorandum from City Engineering and
Utilities Manager Paul Diener tabulating the results of
the bid for construction of the Spring Creek Correctional
Facility was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 17 OF THE SEWARD CITY CODE TO
PROVIDE THAT THE CITY OF SEWARD DOES
54
PAGE 54
REGULAR MEETING - SEPTEMBER 9, 1985
VOLUME 21
NOT DISCRIMINATE ON THE BASIS OF
HANDICAP IN ITS EMPLOYMENT PRACTICES.
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 551; THE
MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Public hearing
was scheduled for September 23, 1985.)
B. Ordinances for Public Hearing and Enactment:
FINANCE DEPT /ORD: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, CREATING
SECTION 10-21 OF THE SEWARD CITY CODE
RELATIVE TO INVESTMENT AND COLLATER-
ALIZATION OF PUBLIC FUNDS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 550; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
C. Resolutions:
None
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CON- \ ~'?,
A.
HILL CONTRACT
NOT TO EXCEED
UNANIMOUSLY.
SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE CH M
FOR INSPECTION OF THE 69KV TRANSMISSION LINE IN AN AMOU~T
$81. 66; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED
PARKS & REC: B. MEEHAN MOVED TO APPROVE THE NEW BALLFIELD LOCATION; THE
MOTION WAS SECONDED BY WILLIAMS.
Cripps noted that the administration had recommended that a
new ballfield be located adjacent to and east of the school ballfield on
property owned by the City. In response to a question from Gillespie,
Schaefermeyer stated that proper access to the facility was included in
the planning for the new field. Scholl stated that he hoped to see some
volunteer effort materialize before the "snow flies". Hilton asked if
this was to be the last ballfield requested. Scholl noted that the
addition of this field should meet the needs of the community for a
"good while".
QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
n~
PAGE 55
REGULAR MEETING - SEPTEMBER 9, 1985
VOLUME 21
I
OTS/ENCROACHMENTS: C. SCHOLL MOVED TO APPROVE THE REQUEST FOR ENCROACHMENT ON
CITY RIGHT-OF-WAY AS FILED BY HARRY FOOSNES; THE MOTION WAS SECONDED BY
SIMUTIS.
Williams stated that, in her op1n1on, this request should be
denied. She stated that the contractor in question had poured a con-
crete slab within the City's ROW on a Saturday without first obtaining
City permission and at a time when no building official was present.
She added that granting this request would set a precedent for other
contractors to ignore established procedures. Williams further noted
that the conditions present at the "Old Solly's Building" were not
unique to that location and should not be used as a reason for granting
the encroachment.
QUESTION WAS CALLED AND THE MOTION CARRIED AS FOLLOWS:
YES:
NO:
ABSTAIN:
Cripps, Hilton, Meehan & Scholl
Simutis & Williams
Gillespie
Gillespie noted that he was abstaining due to the business relationship
he had with Foosnes.
XII. CITY MANAGER REPORTS:
I
Schaefermeyer introduced Bob Nelson, Spring Creek Prison
Project Advisor for the City. Nelson noted that the project had been
delayed for two weeks early on with September 25 the projected date for
Council approval of the purchase agreement and October 9 the projected
date for closing and construction start-up. He added that bids for
construction had been opened last Thursday. He stated that DOT should
make its decision relative to award of the contract by next Wednesday.
XIII.
COUNCIL DISCUSSION:
GILLESPIE noted that the deadline for submitting capital
requests to the State was November 1, 1985. He suggested that all
Councilmembers and the Administration begin thinking about what should
be included in this year's list. Gillespie also asked the Attorney for
an explanation of the "local hire" ordinance passed by the City of
Valdez. Arvidson noted that the Valdez ordinance probably addressed
spending local dollars on local projects. Valdez, having a sizable tax
base, could indeed use such an ordinance. However, Seward relied on
State and Federal funding for most projects and would not be able to
enforce a local hire provision for proj ects using anything other than
"local" money. In response to further questioning from Gillespie,
Arvidson stated that while the City might be the vehicle for IDB and COP
financing, this money would not be considered "local".
I
SCHOLL stated that he would like to see funding for improve-
ments to Seward General Hospital and the proposed Senior Center con-
struction placed high on the City's capital request. He also stated
that Wesleyan Nursing Home had received a Certificate of Need for
expansion of their facility. Scholl added that the City should remind
56
PAGE 56
REGULAR MEETING - SEPTEMBER 9, 1985
VOLUME 21
the State that Wesleyan is a State resource and any funding received
under its Certificate of Need should not be counted as "Seward" dollars.
WILLIAMS stated that Gateway Children's Center will move into
its new location in a couple of weeks. Williams also stated that, since
the Council had approved the encroachment requested by Foosnes, the City
should return to Jack Werner the $200 it collected from him several
years ago when he encroached into the alley-way behind his store. At
that time, the City had required the $200 payment and a signed agreement
stating that Werner would be responsible for removing the encroaching
structure at his own expense if requested by the City.
XIV. CITIZENS' DISCUSSION:
BOB VALDATTA, Seward, stated that the City should require a
bond from those companies using the City for Industrial Development Bond
financing to insure that local businesses would be paid in a timely
manner. He noted that one business that had taken advantage of IDB
financing owed several local businessmen for services and goods re-
ceived.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
None
XVI. ADJOURNMENT:
~"J
a't~ p.m.
Ai '// } /J"
1/ &Mt iJl!tv _ ~~-
Donald W. Cripps
Mayor
The meeting was adjourned
"j
U
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
1.
CALL TO ORDER:
The September 23, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
Ill. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
57
PAGE 57
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
I
ton, Meehan, Scholl, Simutis and Williams
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Deputy City Manager
City Attorney Arvidson and City
IV. APPROVAL OF MINUTES:
MEEHAN MOVED TO APPROVE THE SEPTEMBER 9, 1985, MINUTES AS
WRITTEN; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
SPECIAL ITEMS:
PRESENTATIONS: A. Cripps presented a plaque to Robert F. Richardson,
honoring him for his years of community service to the City of Seward.
Richardson served as Mayor of Council from October 1971 until October
1973, was a member of the Planning Commission from 1979-1980 and in 1982
was appointed to the newly created Seward International Trade and
Industry Development Advisory Board. In addition, Richardson was
instrumental in the conception and development of the Student Exchange
Program with Obihiro, Japan.
B. Cripps introduced Junior Councilmember Audra Mai and
presented her with a City pin.
I
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Scholl asked that Agenda Item No. XI(B)--Claim for damages as
filed by Donald Johnston--be moved to the Consent Agenda as Item No. 11.
Garzini noted, that the administration had distributed a substitute
resolution for Consent Agenda Item No.1.
GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/STREETS:
1.
Resolution No. 85-97, naming certain public rights of way
within the corporate city limits, was approved and filed;
FINANCE DEPT:
2. Finance Department's lists of accounts payable were
approved for payment and filed as follows:
a. Checks issued in July 1985 totalling $951,-
926.53, and
b. Checks issued in August 1985 totalling $1,221,-
265.50;
OTS/ENCROACHMENTS: 3.
Request for authorization to release Jack Werner from the
terms of the "Agreement Regarding Encroachment" dated
October 7, 1985, was approved and filed;
I CON-1l!:l:
4.
Change Order No. 1 to the CCC Architects contract for
development of the comprehensive plan was approved and
filed;
58
PAGE 58
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
CON-~B :
5.
Amended Change Order No. 7 to the Ebasco contract for
design of the transmission line, changing the change
order amount from $72,122 to $73,322, was approved and
filed;
FINANCE(Loans):
6.
Request from Gateway Children's Center to repay its loan
from the City over a period of three years was approved
and filed;
FINANCE:
7.
Request for authorization to initiate a "sweep" account
at First National Bank of Anchorage was approved and
filed;
LITIGATION:
8.
Claim for damages as filed by Bruce M. Gabriel was noted
for information and filed;
9. Status report on the new 2500 KV generator was noted for
information and filed;
PROCLAMATIONS:
10. Proclamation designating September 19, 1985, as Alaska
Railroad Day was noted for information and filed; and
LITIGATION:
11. Claim for damages totalling $89.99 as filed by Donald
Johnston was denied as recommended by the City Manager.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
SCHOOLS: A. Bill Toskey, representing the Seward Schools Parent
Advisory Committee, gave a progress report on the status of planning for
a new elementary school for Seward. He stated that the Parent Advisory
Committee would be holding public hearings on the proposed new school
and invited the public to attend and participate. Bonding for the
school is scheduled to appear on the October 1986 Borough ballot with
construction slated for completion prior to the 1988/89 school year.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
59
PAGE 59
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
III ORDINANCES/PERSONNEL:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
CHAPTER 17 OF THE SEWARD CITY CODE TO
PROVIDE THAT THE CITY OF SEWARD DOES
NOT DISCRIMINATE ON THE BASIS OF
HANDICAP IN ITS EMPLOYMENT PRACTICES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
GILLESPIE MOVED TO ENACT ORDINANCE NO. 551; THE MOTION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (Scholl asked the adminis-
tration to prepare a report on the City's policy on providing employment
in jobs not requiring reading skills for those with reading
disabilities. )
C. Resolutions:
RESO/PRISON/CON-.t;U: 1. Copies having been made available to the public,
Cripps noted by title only a resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE AWARD OF A CONTRACT TO
SAMWHAN AMERICA, INCORPORATED, FOR
CONSTRUCTION OF THE SPRING CREEK
CORRECTIONAL FACILITY.
Cripps stated that, barring any objection from Council, he
would deviate from standard procedure and allow public comment on the
proposed resolution, starting with representatives from the State
Department of Transportation and Public Facilities (DOT/PF) and followed
by representatives of Samwhan America, Inc., representatives of Hoffman
Construction of Alaska, rebuttal time for Samwhan America, and a state-
ment from the City Manager. After these presentations he would open the
discussion to members of the public.
GEORGE JENSEN, Deputy Commissioner of DOT/PF, introduced JOHN
OLSON who explained DOT/PF's role in reviewing the prison construction
bids. Olson stated that a review of Samwhan's bid showed the bid to be
responsive and a further review of Samwhan America, Inc., showed the
bidder to be responsible. Therefore, DOT/PF was recommending award of
the construction contract to Samwhan America, Inc., the low bidder.
I
T. R. HAHN, Executive Vice President of Samwhan America,
Inc., (SAI), stated that SAI was established in 1980 initially to
procure American-made products for Samwhan Corporation. He noted that
the State of Alaska had found SAI to be a responsible bidder when it had
bid on the proposed State Office Building in*F8irb8nk~.* Hahn added that
he was confident in his company's ability to complete the project on
time and within budget.
* Should read "Anchorage" per amendment on Page 73 of this Volume.
60
PAGE 60
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
ED NEWMAN, President of Hoffman Construction Company of Alaska
(Hoffman), urged the Council to reject the bid submitted by SAI, claim-
ing that SAI was not a responsible bidder. Newman stated that the
bidder on the project was Samwhan America, Inc. (SAI), not Samwhan
Corporation; therefore, the Council should consider only SAI when
determining responsibility.
DAVE BRENAMEN, representing Hoffman, reiterated Newman's
contention that SAI was not a responsible bidder. He noted that SAI had
no Alaskan experience, adding that Hoffman had ten years experience in
the State. He also noted that the resources of Samwhan Corporation
should not be considered. In response to a question from Scholl, he
stated that Hoffman Construction of Alaska was wholly owned by Hoffman
Construction, Inc., adding that Samwhan Corporation was only a minor
stockholder in SAI. Newman, replying to questions from Meehan and
Hilton, stated that his firm's first job in Alaska had been a con-
struction management contract with the General Services Administration;
this experience was then used as background for future bids within the
State. Hilton stated that Hoffman's representatives were relying on
speculation rather than hard facts in their criticism of SAI' s bid.
Newman responded that his speculations were based on many years of
experience within the State. In response to further questioning from
Hilton, Newman stated that, while it was the Council's responsibility to
make a decision concerning the award of the contract, his firm would
attempt to "cure another way" if it were not satisfied by the decision
made by Council. Cripps noted that, given the $6 Million spread between
the low and high bids, Newman's assertion that the $3 Million spread
between Hoffman's and SAI's bids was inordinately high lost some of its
validity.
NEWMAN stated that SAI had failed to obtain bids from subcon-
tractors prior to submitting its bid to the City, therefore making it
impossible to know what its true costs would be. Williams stated that a
contractor should have the expertise to estimate subcontract costs
without obtaining bids. Scholl asked if it was reasonable to assume
that a contractor might be willing to take the risk of "breaking even"
or sustaining a loss in order to get into a new market; Newman replied
that he would find this unacceptable.
T. R. HAHN appeared before Council once again to rebut some of
the claims made by the Hoffman representatives. He stated that his
company was fully prepared for any difficulties it might encounter. He
noted that he had expected to be shown some respect from Hoffman and was
surprised at the company's attacks on SAI. He also stated that SAI had
its own method of estimating subcontract prices, adding that SAI is in
business to make money, not lose it. He noted that Newman had referred
several times to a statement that SAI intended to precast the concrete
panels in Korea. He explained that this remark had been made by an
estimator employed by SAI and was mentioned as only one of the options
open to SAI. The company's final decision had been to manufacture the
panels on-site. Finally, Hahn stated that his company had complied with
all instructions and specifications contained in the bid package and had
fully cooperated with DOT/PF when it had investigated SAT's responsi-
bility.
61
PAGE 61
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
I
BILL BITTNER, Counsel for Samwhan America, Inc., stated that
since the bid opening, SAI had been examined by DOT/PF, the City and the
City Attorney. He added that included in Hoffman's presentation had
been innuendo that something was amiss in SAI's bid documents; however,
a review of those documents had shown that SAI's bid was responsive.
In response to a question from Hilton, Hahn stated that he had
made a formal commitment to the State of Alaska to hire locally, adding
that SAI intended to subcontract 75% of the total contract and to
utilize as much local manpower as it could. Responding to a question
from Scholl, Hahn noted that SAI had some experience in federal regu-
lations concerning OSHA, etc., as a result of the work it had performed
for the u.S. Air Force in Guam.
GARZINI stated that he had dealt with Hoffman in the past and
felt that this relationship had been outstanding. However, his task at
this time was to judge the responsibility of Samwhan America, Inc.
Based on DOT/PF's finding that the bidder was responsible, and based
upon the fact that the State of Alaska had awarded an honorarium to SAI
for its participation in the State Office Building bid, he recommended
that Council award the contract for construction of the prison to SAI.
Cripps opened public hearing on proposed Resolution No. 85-98.
I
MIKE KREGER, Counsel for Hoffman Construction of Alaska,
stated that Hoffman's purpose in these proceedings was to be treated
fairly. He commended City Attorney Arvidson for the cooperation he had
shown Hoffman since the bid opening.
MARGARET BRANSON, representing the Alaska Department of Labor
(AnI.) and Seward Job Services, stated that Hahn and his staff had met
with ADL last week to go over the procedures for hiring locally. As a
result of the meeting, SAI had pledged to hire through the local Job
Services office.
BOB VALDATTA, Seward, stated that mobilization would be the
determining factor. He noted that SAI would be able to take advantage
of the coal ships which currently travel from Korea to Seward without
cargo.
WALTER CHRISTOLEAR, Apartment No.6, Brown & Hawkins Apart-
ments, stated that SAI had won the bid fairly and should be awarded the
contract.
No one else appeared in order to be heard and the public
hearing was closed.
GILLESPIE MOVED TO APPROVE RESOLUTION 85-98; THE MOTION WAS
SECONDED BY HILTON.
I
At the request of the Mayor, Murphy read the resolution aloud
in its entirety. Following discussion, THE QUESTION WAS CALLED AND THE
MOTION PASSED UNANIMOUSLY.
62
PAGE 62
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CON-.lli.L: A. MEEHAN MOVED TO AWARD A CONTRACT TO CARMODY ELECTRIC IN
AN AMOUNT NOT TO EXCEED $18,210 FOR DOCK LIGHT REPAIRS IN THE SMALL BOAT
HARBOR; THE MOTION WAS SECONDED BY SIMUTIS.
Murphy requested clarification of the "not to exceed" amount
noting that the staff memorandum from Diener contained a total cost of
$20,000. Meehan and Simutis agreed to a friendly amendment changing the
contract amount to $20,000.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
B. Moved to Consent Calendar Item No. 11.
CON-J!:15:...: C. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE
CURRENT ELECTRIC CONTRACT FOR A TOTAL CONTRACT AMOUNT OF $178,342.85;
THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (The
Change Order increased the contract amount by $34,110.85; Diener noted
that this Change Order covered additional work identified after award of
the contract.)
TAXICABS: D. MEEHAN MOVED TO AWARD THE THREE VEHICLE FOR HIRE PERMITS
AS REQUESTED BY SHARON BATE, DBA SEWARD CAB COMPANY; THE MOTION WAS
SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY. (Ms. Bate had purchased the
Seward Cab Company from the former owners.)
XII. CITY MANAGER REPORTS:
GARZINI stated that Kerry Martin and Judi Andrijanoff would be
present in the foyer of City Hall on Election Day from 7:00 a.m. until
5:00 p.m. to assign new street numbers to City residents. Garzini also
informed the Council that he would be meeting with Richard Holden and
the City's Financial Advisor within the next week to ten days to discuss
the Holden/Blumfield lawsuit and the potential problems it could cause
the City.
XIII.
COUNCIL DISCUSSION:
HILTON stated that the Council should consider enacting
legislation providing for a significant fine to be levied against anyone
who creates future encroachments into the public rights of way. Garzini
stated that he would have Diener research what other communities are
doing to discourage encroachments.
GILLESPIE stated that a member of SALIC (local labor group)
had informed him that Police Chief Bencardino had forbidden his employ-
ees to attend SALIC meetings. He further stated that this was not a
Council policy and asked the City Manager to investigate this situation
and report back to Council at the next Council meeting.
h1
PAGE 63
REGULAR MEETING - SEPTEMBER 23, 1985
VOLUME 21
I
SCHOLL asked the Administration to investigate ways that those
in litigation against the City could be barred from participation in
future bids for City projects. Scholl also asked that the holes in the
pavement at Second and Jefferson be filled prior to the onset of winter.
Diener noted that there was a contractor in town who would be filling
the holes within a week.
WILLIAMS informed the Council that Gateway Children's Center
was scheduled to open soon.
XIV. CITIZENS' DISCUSSION:
BOB VALDATTA, Seward, stated that he was concerned about cost
overruns on City projects.
WALTER CHRISTOLEAR, Apartment No.6, Brown and Hawkins Apart-
ments, provided Hilton with a copy of a "U.S. News" article on indepen-
dent power plants.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
I
SCHOLL, GILLESPIE, AND SIMUTIS, in response to Valdatta's
comments relative to cost overruns, stated that often cost overruns are
due to changed conditions or additional work added to the contract after
the contract is issued. SIMUTIS added that the Council is provided
background information on all agenda items on the Friday prior to the
Monday meeting and has an opportunity to research and study the issues
prior to action at the Council meetings.
XVI. ADJOURNMENT:
The meeting was adjourned at
,
/
Cripps
I
64
PAGE 64
SPECIAL MEETING - SEPTEMBER 30,1985
VOLUME 21
I.
CALL TO ORDER:
The September 30, 1985, special meeting of the Seward City
Council was called to order at 12:10 p.m. by Vice Mayor Michael J.
Meehan.
II. OPENING CEREMONY:
Councilmember Williams led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor Meehan and Councilmembers Gillespie,
Hilton, Scholl, Simutis and Williams (Mayor
Cripps was absent with Council consent)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Deputy City Manager
City Attorney Pfiffner and City
IV. APPROVAL OF SPECIAL MEETING AGENDA:
GILLESPIE MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY
FOLLOWING THE MEETING IN ORDER TO DISCUSS MATTERS UNDER LITIGATION; THE
MOTION WAS SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY.
SCHOLL MOVED TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENT-
ED; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY.
V.
RESOLUTIONS:
DOCK/RESO/CON- A. Copies having been made available to the public, Meehan
~: noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AWARDING
A CONTRACT TO AFOGNAK LOGGING, INC.,
FOR REPAIRS TO THE FOURTH AVENUE DOCK
WITHOUT FULL UTILIZATION OF THE BID
PROCEDURES SET FORTH IN SECTION 10-8
OF THE CITY CODE.
SCHOLL MOVED TO APPROVE RESOLUTION NO. 85-99; THE MOTION WAS
SECONDED BY SIMUTIS.
City Engineering and Utilities Manager E. Paul Diener reminded
Council that it had recently approved a TORA with the State of Alaska
for repairs to the Fourth Avenue Dock. The money was received one week
ago, and the City immediately began the process of soliciting bids for
the work from those contractors who were available to do the work.
Because of time constraints, there was no public advertisement for bids;
however, the City had contacted the only two contractors in the area who
could perform the work -- Underwater Construction and Afognak Logging,
65
PAGE 65
SPECIAL MEETING - SEPTEMBER 30,1985
VOLUME 21
I
Inc. Only Afognak had bid on all five items. In addition, Afognak was
the low bidder on the four items bid by Underwater Construction.
Therefore, Diener recommended that the resolution awarding the contract
to Afognak be approved by the Council.
THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE "YES"
VOTES AND HILTON ABSTAINING. (Hilton arrived at 12: 15 p.m., missing
much of the discussion of this resolution.) .
Williams asked that the Council be provided with copies of all
proposals in the future.
VI. SPECIAL ITEMS:
CON-~: A. & B. SIMUTIS MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE CHANGE ORDER NO. 1 AND CHANGE ORDER NO. 2 TO THE PARKER PAVING
CONTRACT FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $106,750; THE MOTION
WAS SECONDED BY SCHOLL.
I
In response to questions from Gillespie, Diener stated that,
although the asphalt for the paving project had been stockpiled by the
contractor, the temperature had remained above 2000 and met specifica-
tions as set forth in the bid documents. In addition, the "roller-
coaster" effect noted by Gillespie was the result of the existing
road--Parker Paving was merely placing an overlay over the roadway. He
added that, while there were some variations in the road grade, the end
product was satisfactory and should last for many years.
Scholl asked if the paving of the Fourth Avenue Dock (Change
Order No.2) would be done after repairs to avoid any damage from heavy
equipment. Diener noted that the paving was scheduled to begin this
week. However, most of the heavy equipment used in dock repairs would
be off shore on a barge and no harm to the pavement was anticipated.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
(Change Order No. 1 -- NTE $8,000 covered street patching and repair;
Change Order No.2 -- NTE $14,700 -- covered 4th Avenue dock paving.)
CON-~: C. HILTON MOVED TO EXTEND THE CONTRACT WITH DALA ANDRIJANOFF
FOR COLLECTION OF CAMPGROUND FEES THROUGH THE 1986 CAMPER SEASON; THE
MOTION WAS SECONDED BY SIMUTIS.
I
Meehan noted that Mayor Cripps had indicated that he viewed
this as a "lame duck" decision which should more appropriately be made
by the Council to be elected on October 1. He suggested that the matter
be tabled until the October 14 meeting. Schaefermeyer responded that
the 1985 contract with Andrijanoff provided that the City would, if
satisfied by the first year's performance, offer the contractor a
one-year extension by September 30, 1985. In addition, the contractor
had requested formal action from the Council in order that he could use
the new contract in obtaining financing through the bank for other
projects. Scholl noted that the Council, in awarding the first year's
contract, had provided for this extension; therefore, he did not view
this as a lame duck issue. Williams added that Andrijanoff had done a
66
PAGE 66
SPECIAL MEETING - SEPTEMBER 30,1985
VOLUME 21
good job this year and the Council should proceed with the matter during
this meeting. Gillespie concurred, stating that in previous years the
City had lost money in campground collection. In contrast, Andrijanoff
had paid the City $7,000 this year for the right to collect the camper
fees and had provided maintenance and cleanup of the camper areas as
part of his contract. However, Gillespie noted that he would like to
see the contract set up on a percentage basis in future years.
Andrijanoff responded from the audience that the original contract had
provided that, beginning with the second year, the City would receive
25% of gross receipts. Based on 1985 figures, the City could expect to
receive an additional $5,000 in 1986.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
VII. COUNCIL DISCUSSION:
MEEHAN noted that Mayor Cripps was undergoing testing at
Seward General Hospital and wished him well.
VIII.
CITIZENS' DISCUSSION:
HARRY DREW, Executive Director for the Seward Chamber of
Commerce, commended Andrijanoff on the excellent job he had done as
campground fee collector. He noted, however, that as a result of the
$4.00 fee charged for camping this year, the Sports Fishing Association
of Anchorage had not come to Seward for the Derby. In addition, he
noted that he had received a number of complaints from the Fourth of
July Creek camper area, specifically relating to lack of maintenance of
the sanitary facilities. Drew further recommended that the City and the
contractor work together to develop a' system whereby campers could be
assigned a specific camping spot when paying so that the spot would not
be taken by another camper if the original permittee had to leave his
spot for some reason.
IX. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
GILLESPIE asked the administration to work with the Contractor
in trying to resolve the problems noted by Drew.
X.
ADJOURNMENT:
recess,
gation.
The meeting was adjourned at 12:35 p.m., and after a short
reconvened in Executive Session to discuss matters under liti-
~~ '
QT, .;~VV,J j~ ,--'>
, >>~4~.riK~"~ ~
& Ci.t~ Cl~rk C ". .~
"J . " ...J
:~ . (City'~~a.t'):' '
''':\
"~I
~~ """ 0-.-
Michael J. Me\han
Vice Mayor
I
I
I
R7
PAGE 67
SPECIAL MEETING - OCTOBER 2, 1985
VOLUME 21
I.
CALL TO ORDER:
The October 2, 1985, special meeting of the Seward
Council was called to order at 4:00 p.m. by Mayor Donald W. Cripps.
City
II. OPENING CEREMONY:
Vice-Mayor Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Meehan,
Scholl, Simutis (Councilmembers Gillespie and
Williams were absent with Council consent.)
Present also: Acting City Clerk Audette, Robert Peirson,
Tallier and Annie Martin, Tallier
IV. APPROVAL OF SPECIAL MEETING AGENDA:
MEEHAN MOVED TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENT-
ED; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
V.
SPECIAL ITEMS:
ELECTIONS A. The Acting City Clerk distributed a tally of the unoffi-
cial results of the October 1, 1985, regular election. Audette noted
that a total of 711 ballots had been cast at the polls. Six Hundred
Seventy-seven (677) ballots had.been counted by the election boards; the
remaining 34 ballots were questioned ballots to be considered by the
Canvass Board. Audette also displayed the tally sheets and the lists of
those requesting and receiving absentee ballots prior to the election.
Audette distributed a list bearing the names of the 77 elec-
tors who had requested absentee ballots by mail and in person. She
noted that 3 of the mailed ballots had not been returned in time to be
canvassed by the Board. Those ballots recommended for rej ection were
cast by the following voters, all of whom reside in Precinct No.1:
BERG, Toni C. -- No record of voter registration
CRISP, Marvin E. -- No record of voter registration
TOLOFF, Pete M. -- No record of voter registration
MEEHAN MOVED TO ACCEPT THE ACTING CLERK'S RECOMMENDATION TO REJECT THE 3
ABSENTEE BALLOTS; THE MOTION WAS SECONDED BY SCHOLL AND UNANIMOUSLY
CARRIED.
Audette recommended that the Canvass Board count the remaining 71
ballots as cast by the following voters:
PRECINCT NO. 1
PRECINCT NO. 2
ALBERTSON, Eileen L.
ALBERTSON, Galen W.
BLAEDORN, Robert, C.
BOTTCHER, Kathryn J.
68
PAGE 68
SPECIAT" MEETING - OCTOBER :~. J.'1 35
VOLUME 21
ANDERSON, Karen E.
ANDERSON, Susan A.
BAILEY, Frances N.
BAILEY, Keith A.
BAILEY, Ralph D.
BALDWIN, Charles F.
BALDWIN, Pauline L.
BLATCHFORD, Edgar
BUDD, Lee A.
CORCORAN, Doris J.
CORCORAN, Michael P.
CORPIN, Andrew C.
DEWANE, Erica V.
GARRETT, Robert A.
HATCH, Anne M.
HATCH, Arne A.
HUTCHISON, Carl K.
HUTCHISON, Florence M.
IRICK, Frank E.
JOHNSON, Iris A.
KAISER, Mary T.
LANDENBURGER, Eric L.
LEE, Karen
LEE, Mary E.
LEFLORE, Garry L.
LINDSEY, Dale R.
LORZ, Gerald S.
LORZ, Pauline M.
MAHAN, Elizabeth L.
MUMA, Junior F.
OSENGA, John W.
PEDERSON, Ebba D.
PICKETT, August F.
POLLARD, Joyce E.
POLLARD, Timothy J.
QUILL, Douglas J.
RICHARDSON, Elizabeth M.
RICHARDSON, Florita F.
RICHARDSON, Monty H.
RICHARDSON, Robert F.
ROCKWOOD, Stephen K.
SAWYER, George T., III
SEIGEL, Richard F.
SNYDER, Woodrow, Sr.
WEIR, Edna M.
WERNER, George H.
WILLIAMS, Dale L.
WILLIAMS, Deborah R.
WILLIAMS, Virginia B.
CAMPBELL, Keith C.
CAMPBELL, Jacqueline J.
GILLESPIE, Raymond A.
HATCH-GILLESPIE, Elizabeth
HILL, Lorri A.
HILL, Shirley A.
KERKA, Agnes V.
KILCUP, Joan M.
LEIRER, Herman E.
LIGGETT, Jeffrey L.
MEEKINS, Jill L.
RAPPI, Elva E.
RAPPI, Robert C.
SCHAEFERMEYER, Karla F.
URBACH, Dorothy K.
URBACH, Lawrence
VIRCHOW, Jerry L.
MEEHAN MOVED TO ACCEPT THE ACTING CLERK'S RECOMMENDATION TO COUNT THE 71
ABSENTEE BALLOTS; THE MOTION WAS SECONDED BY SIMUTIS AND UNANIMOUSLY
CARRIED.
69
PAGE 69
SPECIAL MEETING - OCTOBER 2, 1985
VOLUME 21
I
Audette distributed a list of persons casting questioned ballots on
election day. She stated that the 34 questioned ballots had been cast
by voters whose names did not appear on the precinct registration lists.
She stated that of the 34 questioned ballots cast, the following 21 were
recommeded for rejection as follows:
PRECINCT NO. 1
I
BARDARSON, Jean -- Registered in Bear Creek Precinct
BUCK, Pamela K. -- No record of voter registration
DOTSON, Pamela S. -- No record of voter registration
ELDE, Gary D. -- Registered in Bear Creek Precinct
EVERETT, Ludwig K. -- Voter purged from computer list after
1983 election and did not reregister
after voting a questioned ballot in the
October, 1984, Regular Election
Registered in Bear Creek Precinct
Voter purged from computer list in 1985
Voter purged from computer list in 1985
L. -- Voter purged from computer list in
1985
O'BRIEN, Jeanette -- No record of voter registration
RYAN, Kathryn E. -- Registered in Bear Creek Precinct
SEAVEY, Darian B. -- Registered in Bear Creek Precinct
SIMPSON, Ellen -- Registered in Soldotna Precinct
SPURR, John C. -- Voter purged from computer list in 1985
YOUNGBLOOD, Rosemary Blatchford -- Registered in Bear Creek
Precinct
INMAN, Terry G.
KIRWAN, Georgia
LINCOLN, Robert J.
MORGAN, Charolette
PRECINCT NO.2.
AMBROSE, Patricia -- Registered in Bear Creek Precinct
BEAM, Laura J. -- No record of voter registration
COUSINEAU, Bruce D. -- Registered in Eagle River Precinct
GRAVES, Linda A. -- Registered in Anderson Precinct
MCDONALD, William S. -- Registered in Bear Creek Precinct
MICHAEL, Walter -- Registered in Bear Creek Precinct
Audette noted that a voter will be purged from the Registration List if
that person has not voted during the previous two years. The voter then
receives a card informing them of this fact and is given the opportunity
to return the card in order to become reinstated on the Registration
List. If the card is not received by the State Division of Elections
within 6 months of its mailing, the voter is then considered not
registered.
SIMUTIS MOVED TO ACCEPT THE ACTING CLERK'S RECOMMENDATION TO REJECT THE
21 QUESTIONED BALLOTS; THE MOTION WAS SECONDED BY HILTON AND UNANIMOUSLY
CARRIED.
I
Audette recommeded that the Board count the remaining 13 questioned
ballots as cast by the following electors:
70
PAGE 70
SPECIAL MEETING - OCTOBER 2, 1985
VOLUME 21
PRECINCT NO. 1
CASSELMAN, Mona S. -- Registered in Precinct No. 2
CASSELMAN, William L. -- Registered in Precinct No.2
HENAGIN, Monterey L. -- Registered in Precinct No.2
JEFFERS, William J. -- Computer error
WALKER, Riva L. Registered in Precinct No. 2
WALKER, William F. -- Registered in Precinct No.2
PRECINCT NO. 2
DIENER, Everett P. -- Registered in Precinct No. 1
DIENER, Myrle E. -- Registered in Precinct No. 1
GRAHAM, Clifford S. -- Registered in Precinct No. 1
SANDEFUR, Tanya (Dupree) -- Registered in Precinct No. 1
SCHAEFER, Steven A. -- Computer error
SEFTON, James L. Registered in Precinct No. 1
SEFTON, Karen M. Registered in Precinct No. 1
SCHOLL MOVED TO ACCEPT THE ACTING CLERK'S RECOMMENDATION TO COUNT THE 13
QUESTIONED BALLOTS; THE MOTION WAS SECONDED BY SIMUTIS AND UNANIMOUSLY
CARRIED.
The absentee and questioned ballots were removed from their outer
envelopes and shuffled by Mayor Cripps. (Three of the ballots were not
sealed in the required plain white envelope; one ballot had
identification on the plain white envelope--all four were returned to
the Acting Clerk for safekeeping.) The remaining 80 white envelopes
were opened by Simutis and the ballots were removed by Cripps. The 4
ballots held by the Acting Clerk were removed from their envelopes by
Cripps and inserted at randam among the other ballots. The ballots were
read aloud by Cripps; Hilton, Meehan, Scholl, and Simutis watched; and,
Peirson and Martin conducted the tally. (Audette announced that any
interested public member could stand behind the Mayor if they desired to
observe the actual marks on the ballots.) The totals of the absentee
and questioned ballots counted were added to the totals of those ballots
cast and counted on October 1, 1985. Audette read the results of the
combined totals as follows:
ABSENTEE/
QUESTIONED
TOTALS
PRECINCT
No. 1
PRECINCT
No. 2
MAYOR OF COUNCIL
(2-Year Term)
Harry Gieseler
John F. Gillespie
Robert "Bob" Valdatta
211
162
90
94
79
25
36
32
13
341
273
128
WRITE-INS:
2
3
4
Keith Campbell
Donald W. Cripps
2
2
1
71
PAGE 71 SPECIAL MEETING - OCTOBER 2, 1985 VOLUME 21
I COUNCILMEMBER
(I-Year Term--One to
be elected)
Dennis M. Scholl 299 140 62 501
WRITE-INS:
Boots Anderson 2 1 1 4
Keith Bailey 1 1
Carl Blankenship 1 1
Edgar Blatchford 1 1
Robert Booher 2 2
William Casey 3 3
Walter Christolear 2 1 3
Jack Daniels 1 1 2
Beverly Darbyshire 1 1
Beverly Dunham 1 1
Bruce Facer 1 1
William Glenn 1 1
Mary Gustkey 1 1
Gary Jones 2 2
Alvin Lakey 1 1
Herman Leirer 2 2
Melvin LeVan 1 1
I Louis March 42 6 4 52
Ruth McHenry 2 2
Tim Quirk 1 1
Sunny Radebaugh 1 1
Alex Rule 1 1
Karen Swartz 1 1
Chester Thorne 1 1
Ray Tyree 2 2
Robert Valdatta 5 3 8
Raya Williams 1 1
COUNCILMEMBER
(2-Year Term--Three
to be elected)
Robert D. Booher 147 73 31 251
Walter Christolear 86 21 11 118
Beverly L. Darbyshire 122 28 15 165
Beverly D. Dunham 141 69 26 236
William (Bill) Glenn 103 31 14 148
David L. Hilton, Sr. 158 86 34 278
Michael J. Meehan 153 79 32 264
Karen A. Swartz 136 72 25 233
April A. Tillotson 111 43 14 168
Raya Williams 109 60 31 200
I
72
PAGE 72
SPECIAL MEETING - OCTOBER 2, 1985
VOLUME 21
WRITE-INS:
John Gillespie
Louis March
Dale Meyers
Pat O'Brien
Sunny Radebaugh
Robert Valdatta
1
1
1
5
1
1
1
1
5
1
1
1
YES
NO
296
166
111
86
61
21
468
273
TOTAL VOTES CAST
TOTAL VOTES COUNTED
496
475
215
202
74/34
71/13
819
761
The Acting Clerk stated that any defeated candidate or any 10 qualified
voters could protest the election by filing a written complaint with the
Acting Clerk prior to 5:00 p.m., Monday, October 7, 1985. If no such
protest is filed, the City Council, at its special meeting of October 7,
1985, 7:30 p.m., will certify the election as valid and declare the
official results thereof.
VI. COUNCIL DISCUSSION:
MEEHAN and HILTON congratulated the winners; Gieseler stated
that he was looking forward to working on Council. CRIPPS informed
Gieseler that he had a stack of paper at home for him and stated that he
would drop it by.
VII. CITIZENS' DISCUSSION:
None
VIII.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
None
IX. ADJOURNMENT:
adjourned
at c~.m.. /' I
~LJJIIi/ ?hi
onald W. Cripp .
Mayor
'</ -.l. ?~ n;.tr,~.., ting was
!J ~ .,(.,fJ." 1(4...:..-1>/\
fl!y' . (cJ '<;;/\".....
& U~1P{~-I~' 1 'I~'\; ~l~G
2 . ~ri~~yr.,Audette .'
"\'. A~.tin. g .s~~y :lerk
. ..." :'\.."."
\Fi'ty.'W.eal*"", ,...,;:'- /
*** '~i~~F~:~~~is Volume
<<~
for amendment.
PAGE 73
SPECIAL MEETING - OCTOBER 7, 1985
VOLUME 21
I
I.
CALL TO ORDER:
The special October 7, 1985, meeting of the Seward
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps
City
II. OPENING CEREMONY:
Councilmember Simutis led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers, Gillespie,
Hilton, Meehan, Scholl and Simutis (Council-
member Williams was absent. Councilmember
Hilton arrived at 7:37 p.m. and participated in
the meeting thereafter.)
Present also: City Manager Ronald Garzini and Acting City
Clerk Audette
IV. APPROVAL OF MINUTES:
I
MEEHAN MOVED TO APPROVE THE SEPTEMBER 23 AND 30, 1985, AND
OCTOBER 2, 1985, MINUTES AS PRESENTED; THE MOTION WAS SECONDED BY
SIMUTIS.
Scholl asked that the word "Fairbanks" on page 59 of the
September 23, 1985, minutes be changed to "Anchorage" and that the
wording of "Proposition No.1" on page 72 of the October 2, 1985,
minutes be changed to read exactly as stated on the Official Ballot as
follows:
PROPOSITION NO.1
Shall Sec. 3.6 of the Charter of the
City of Seward, Alaska, be amended to read
as follows?
Sec. 3.6. Powers of the council to
appoint citizen boards.
(c) Except for boards established by
ordinance to provide management of public
health facilitites, boards established by
the council shall not be authorized to
employ or direct the employment or removal
of any administration officer or employee
of the city.
Council concurred, THE QUESTION WAS CALLED AND THE MOTION
CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
I
V.
APPROVAL OF SPECIAL MEETING AGENDA:
SCHOLL MOVED TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENT-
ED; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
PAGE 74
SPECIAL MEETING - OCTOBER 7, 1985
VOLUME 21
VI. SPECIAL ITEMS:
ELECTIONS A. MEEHAN MOVED TO CERTIFY THE RESULTS OF THE OCTOBER 1,
1985, REGULAR MUNICIPAL ELECTION, AS DETERMINED BY THE CANVASS BOARD,
AND TO DECLARE THE RESULTS AS STATED IN THE MINUTES OF THE OCTOBER 2,
1985, CANVASS AS FINAL; THE MOTION WAS SECONDED BY SIMUTIS.
Scholl asked that the wording of "Proposition No.1" on page 3
of the October 1, 1985, Regular Election "Official Results" be changed
to read exactly as stated on the Official Ballot. Council concurred.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY BY
ALL THOSE PRESENT.
NOTE: Councilmember Hilton arrived at 7:37, took his place on the dais
and participated in the meeting thereafter.
C0UNCIL
B. Audette administered the Oath of Office to newly elected
Mayor Harry Gieseler and Councilmember Robert D. Booher and re-elected
Councilmembers David Hilton, Michael J. Meehan and Dennis Scholl.
Vice-Mayor Meehan presented a plaque and gavel to out-going Mayor Cripps
in recognition of his 6 years on Council, 4 of which were as Mayor.
Cripps thanked the Council, the Administration and the public for their
support during his time in office. Gieseler and Booher assumed the
seats on the dais which had been vacated by Cripps and Williams and
thereafter participated in the remainder of the meeting.
COUNCIL C. SCHOLL MOVED TO SELECT COUNCILMEMBER MEEHAN AS
VICE-MAYOR; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
VII. COUNCIL DISCUSSION:
*** SCHOLL stated that Donald Cripps might eSRsiaeF filling the
opening on the International Trade and Development Advisory Board. He
also stated that a considerable amount of work would have to be done on
a proposed ordinance to bring Seward General Hospital under the City
Administration as allowed with the recent passage of Proposition No.1.
MEEHAN expressed his appreciation for the vote of confidence
from Council by selecting him as Vice-Mayor for another term.
VIII.
CITIZENS' DISCUSSION:
None
IX. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
None
X.
ADJOURNMENT:
The meeting was adjourned at 7:45 p.m.
*** Replace the word "consider" with "be considered by Mayor Gieseler when"
as per an approved amendment on Page 86 of this Volume.
I
I
I
PAGE 75
1.
CALL TO ORDER:
SPECIAL MEETING - OCTOBER 7, 1985
VOLUME 21
~.
~ ~/~,
Harry Gieseler
Mayo
SPECIAL MEETING - OCTOBER 11, 1985
VOLUME 21
The special October 11, 1985, meeting of the Seward City
Council was called to order at 11:30 a.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMONY:
Councilmember Booher led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilmembers Booher,
Gillespie, Hilton, Meehan and Scholl (Council-
member Simutis arrived at 11:37 a.m. and par-
ticipated in the meeting thereafter.)
Present also: City Manager Garzini, Deputy City Manager
Schaefermeyer and Acting City Clerk Audette
IV. APPROVAL OF SPECIAL MEETING AGENDA:
SCHOLL MOVED
ED; THE MOTION
THOSE PRESENT.
V.
SPECli
RESO/CLERK A. Lople
noted by title only a
TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENT-
lNDED BY HILTON AND CARRIED UNANIMOUSLY BY ALL
.1g been made available to the public, Gieseler
~solution entitled:
A RESOLUTION OF THE CITY
CITY OF SEWARD, ALASKA,
ACTING CITY CLERK
COUNCIL OF THE
APPOINTING AN
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-100; THE MOTION WAS
SECONDED BY HILTON. Following brief comments by Garzini, THE QUESTION
WAS CALLED AND CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. (In the
absence of the City Clerk, Comptroller Peirson was appointed Acting City
Clerk for the purpose of signing Lease Certificates of Participation in
New York.)
NOTE: Councilmember Simutis arrived at 11:37 a.m., took her place on
the dais and participated in the meeting thereafter.
PAGE 76
SPECIAL MEETING - OCTOBER 11, 1985
VOLUME 21
RESO/SCCC FINANCEB. Copies having been made available to the public, Gieseler
noted by title only a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, ACCEPTING THE
TERMS OF A PURCHASE CONTRACT BETWEEN THE
CITY AND PRUDENTIAL-BACHE SECURITIES,
INCORPORATED, FOR THE PURCHASE AND SALE OF
$ SPRING CREEK CORRECTIONAL
FACILITY LEASE CERTIFICATES OF PARTICIPA-
TION
SCHOLL MOVED TO APPROVE RESOLUTION NO. 85-101; THE MOTION WAS
SECONDED BY HILTON.
Garzini introduced Don Grimes, Senior Vice President of First
Southwest Company, the City's Financial Advisor; Gary Larsen, Managing
Director of Prudential-Bache Securities, Inc.; Ken Vasser, representing
Wohlforth & Flint, the City's bond counsel; and Bob Nelson, Special
Project Advisor.
Grimes appeared before the Council and stated that the Bonds
went on the market yesterday and moved well. He also announced that
insurance had been obtained on the Bonds. Grimes commended Garzini on
his persistence in following through on this project.
Larsen also complimented Garzini on his resourcefulness and
dedication and thanked the City for the opportunity to do the underwrit-
ing.
Vasser
in the blanks in
$45,440,000.00;
informed Council of the information with which to fill
the proposed resolution: (in order of appearance) (1)
(2) $45,440,000.00; (3) 10/11/85; and (4) 10/04/85.
Following a brief discussion regarding details of the Bonds,
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (An October
10, 1985, summary of sources and uses of funds and a Schedule of Maturi-
ty Dates, Principal Amounts and Interest Rates were distributed to
Council. )
CON-\3~ C. SCHOLL MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH WOHLFORTH & FLINT TO PROVIDE BOND
COUNSEL SERVICES FOR THE SPRING CREEK CORRECTIONAL FACILITY LEASE
CERTIFICATES AS SET FORTH IN AN AUGUST 27, 1985, LETTER FROM ERIC
WOHLFORTH; IT WAS SECONDED BY BOOHER.
Garzini stated that when Wohlforth & Flint was retained as
bond counsel for City Industrial Development Bonds in June 1984, it was
understood that Wohlforth would serve as bond counsel to the City for
other types of financing. However at the time Wohlforth was retained as
bond counsel for the City of Seward, Lease Certificates of Participation
were not anticipated as a method of City financing. As a result the
Agreement executed by the City and Wohlforth & Flint in June 1984, did
not reference Lease Certificates of Participation and therefore, a
PAGE 77
SPECIAL MEETING - OCTOBER 11, 1985
VOLUME 21
I
separate retention agreement for Lease Certificates of Participation was
needed. In response to a question from Meehan, Garzini stated that the
fee of $61,000.00 set by Wohlforth for the Spring Creek Correctional
Facility Lease Certificates of Participation sale was very competitive.
Following a brief discussion, THE QUESTION WAS CALLED AND THE
MOTION CARRIED UNANIMOUSLY.
RE: 053 D. MEEHAN MOVED TO APPROVE AN OPTION TO BILL MCDONALD AT
$1000 PER YEAR FOR A 2000-FOOT CHANNEL WITHIN ALASKA TIDELAND SURVEY 174
UNTIL SUCH TIME AS PERMITTING AND DREDGING ARE COMPLETE, AT WHICH TIME A
LEASE OF THE AREA AT FAIR MARKET VALUE WILL BE NEGOTIATED; IT WAS
SECONDED BY SCHOLL.
In response to a question from Scholl, BILL MCDONALD, Mile 2,
Nash Road, Seward, appeared from the audience and explained exactly
where the tidelands was located. Garzini noted that McDonald was in the
process of obtaining a permit from the Corps of Engineers to dredge
within the tidelands owned by the City of Seward and needed a letter of
non-objection to the dredging project. At the completion of the permit-
ting and dredging process, which is anticipated to take at least two
years, a long-term lease will be negotiated based on fair market value.
I
In response to a question from Gillespie regarding how market
value would be determined -- with or without the improvements (dredged
channel), Garzini stated that the City had in the past negotiated lease
payments based on fair market value including improvements. McDonald
stated that he understood that the appraisal would be at fair market
value including improvements but also felt that the case would have to
be decided on its individual merits. He added that the channel through
the mudflats had been used by his company for thirty years to load and
unload barges. Dredging the channel would allow more flexibility in
scheduling ship movement since the tide would not be such a limiting
factor but he could not say exactly how much more business this would
produce.
THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY.
VI. COUNCIL DISCUSSION:
SCHOLL stated that he wished to reiterate the comments by the
advisors and counsels--Scholl felt Garzini had been instrumental in
pulling the prison financing together with his creativeness and
diligence and applauded his efforts.
GIESELER also commended Garzini.
VII. CITIZENS' DISCUSSION:
I
None.
VIII.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
None.
PAGE 78
SPECIAL MEETING - OCTOBER 11, 1985
VOLUME 21
IX. ADJOURNMENT:
The meeting was adjourned at 12:00 Noon.
~~~t~
'f) ~~;.. \]O(Tt (
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f? ~p~y City ~i{ ';::
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~ .,.:1).'-
PAGE ' .. {fl , REGULAR MEETING - OCTOBER 14, 1985 VOLUME 21
~1~ t: -:5 A-U ,1?
Harry Ec/Cieseler
Mayor
1.
CALL TO ORDER:
The regular October 14, 1985, meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMONY:
Councilmember Scholl led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilmembers Booher, Gil-
lespie, Hilton, Meehan, Scholl and Simutis
Present also: City Manager Garzini, Deputy City Manager
Schaefermeyer and Acting City Clerk Audette
IV. APPROVAL OF MINUTES:
None
SPECIAL ITEM:
A. Gieseler introduced Junior Councilmember George Wiley and
presented him with a city pin.
v.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Schaefermeyer requested the addition of two items: Item
IX.C.3 -- Proposed Resolution No. 85-104, dedicating and naming a
Senior/Community Center Fund in honor of Annetta Gillespie; and, Item
X1. H. -- Proposed Change Order No. 1 to the Afognak Logging contract
(providing and installing a 6-pile bumper to the Fourth Avenue Dock) in
an amount not to exceed $19,500.
I
I
I
PAGE 79
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
Scholl noted that an attorney bill from Garnett in an amount
of $1,290.49 was included in the Council's meeting packet but had not
been listed on the agenda and requested that it be added. (See Note
under No. 1 below.) Scholl also requested that Consent Calendar Item
No. 4 regarding Acres contract be removed and placed on the Regular
Meeting Agenda under Item XI.I. for discussion.
MEEHAN MOVED TO APPROVE THE CONSENT CALENDAR AS AMENDED AND
THE REGULAR MEETING AGENDA AS AMENDED; THE MOTION WAS SECONDED BY
SIMUTIS AND CARRIED UNANIMOUSLY. The following actions were taken:
ATTY
1.
Attorney bills as follows were approved for payment and
filed:
Baily and Mason, dated 09/19/85, totalling $656.25
(Note: The $1,290.49 bill from Garnett added to the
Consent Calendar by Scholl was found to be a
duplicate billing from Baily and Mason and was not
paid.);
Erwin, Smith & Garnett, dated 09/23/85, totalling
$25.00;
HTGP&B, August 1985 invoice totalling $56,481.35;
CLAIMS
2.
Request for authorization to pay a claim for damages from
Bruce Gabriel in an amount of $57.96 was approved for
payment and filed;
HARBOR
3.
Request for authorization to adjust the account receiv-
able for the Small Boat Harbor was approved and filed;
4. Moved to Regular Agenda Item XI.I;
EASEMENTS
5.
Requests for authorization to purchase ROW easements for
transmission line construction were approved and filed as
follows:
Chugach Alaska Corporation, Forest Acres, Tracts
XX,MN, and BJ, in an amount not to exceed $1,679.30;
and
Kenai Peninsula Borough, Lot 1, Bear Creek Fire
Station No.1, in an amount not to exceed $2,000.00;
and
6. October 10, 1985, memorandum from Administrative Assis-
tant Kerry Martin relative to the Army Recreation Camp
short-term lease extension was noted for information and
filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly
Sewall was not present and no report was given.
Representative
Jonathan
VII. PUBLIC HEARINGS:
None
79
80
PAGE 80
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. Scholl reported that he had arranged for Judith Martin
and John Hill, representing Seward Senior Citizens, Incorporated, to
speak but they were unable to attend the meeting.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
RESO/SGH/C;ON-1IS 1. Copies having been made available to the public,
Gieseler noted by title only a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROVING
AN AGREEMENT FOR PROFESSIONAL SER-
VICES WITH RESOURCE MANAGEMENT
CONSULTANTS, LTD., AND CLAYTON R.
JOYCE, ARCHITECTS, FOR THE PURPOSE OF
PREPARING FUNCTIONAL PROGRAMMING AND
SCHEMATICS FOR THE PROPOSED NEW
SEWARD GENERAL HOSPITAL AND AUTHORIZ-
ING FUNDS.
SIMUTIS MOVED TO APPROVE RESOLUTION NO. 85-102; THE MOTION WAS
SECONDED BY SCHOLL.
KEITH CAMPBELL, Seward General Hospital administrator, ap-
peared before Council and explained the need for the programming and
schematics in order to go to the Legislature to request funding for a
new hospital. In response to questioning from Gillespie, Schaefermeyer
stated that the City administration recommended the contract with the
funds to come from the FY 1986 Council Contingency ($40,000) and Seward
General Hospital ($23,175). Schaefermeyer noted that the $40,000 would
be in addition to the 1% sales tax revenue now dedicated to the Hospi-
tal. Campbell, in response to questioning from Booher, stated that he
contemplated a new hospital building would be owned by the City as ~/S
the present one. Scholl stated that he was impressed by Campbell; that
he was doing an excellent job on his "homework".
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(September 24, 1985, memorandum from Paul Diener, Manager of Engineering
and Utilities, regarding a trip report on a visit to various hospitals
in Utah and Alberta, Canada, was noted.)
I
I
I
PAGE 81
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
RESO/W-S RATES 2. Copies having been made available to the public, Gieseler
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, SETTING
RATES AND CHARGES FOR WATER SERVICE
FOR THE PERIOD COMMENCING OCTOBER 15,
1985.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 85-103; THE MOTION WAS
SECONDED BY SIMUTIS.
City Engineering and Utilities Manager Paul Diener appeared
before Council and responded to questions from Council. Diener ex-
plained that the proposed resolution would only change the water rates
for ships moored at a dock temporarily.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(September 26, 1985, memorandum from Diener regarding the rate change
was noted.)
RESO/COM CTR 3. Copies having been made available to the public, Gieseler
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, DEDICAT-
ING AND NAMING A SENIOR/COMMUNITY
CENTER FUND IN HONOR OF ANNETTA
GILLESPIE.
SCHOLL MOVED TO APPROVE RESOLUTION NO. 85-104; THE MOTION WAS
SECONDED BY SIMUTIS.
Scholl read the proposed resolution in its entirety for the
benefit of the audience who had not had a chance to read it. Booher
noted that he had worked with Annetta Gillespie over the last 15 years
and could think of no one else more deserving that she. Gieseler added
that he also had had the pleasure of working with her and that the fund
would be aptly named.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CIP A. SCHOLL MOVED TO APPROVE THE 1986 CAPITAL IMPROVEMENTS
LIST AS RECOMMENDED BY THE ADMINISTRATION IN AN 10/09/85 MEMORANDUM TO
COUNCIL; THE MOTION WAS SECONDED BY MEEHAN.
Following discussion regarding the importance of the top two
priorities and the targeted goal of the projects, SCHOLL MOVED TO AMEND
PAGE 82
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
THE MAIN MOTION TO LIST THE TOP TWO PRIORITIES AS HAVING EQUAL IMPOR-
TANCE AND TO REASSIGN THE TEEN CENTER TO THE SIXTH POSITION; THE MOTION
WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
Following further discussion of various funding avenues for
the different projects, THE QUESTION WAS CALLED ON THE MAIN MOTION AND
CARRIED UNANIMOUSLY.
The order for the 1986 Capital Improvements Project List will
be submitted to funding agencies as follows:
PRIORITY PROJECT CATEGORY COST
* 1 Seward Marine Industrial Center
Rails & Cradles Employment $ 2,106,000
* 1 Seward General Hospital Comm. Dev. 8,000,000
3 Senior/Community Center Comm. Dev. 2,000,000
4 Nash Road Small Boat Harbor (Ph. I) Employment 11,600,000
5 New Downtown Ferry & Cruise Ship
Dock (Phase I) Employment 750,000
6 Teen Center Comm. Dev. 300,000
7 Suneel Power Offset Employment 150,000
8 Handicap Improvement, City Hall Comm. Dev. 270,000
9 New AVTEC Dorms Employment 900,000
10 Airport Improvements Comm. Dev. 2,500,000
11 Erosion Control, IMS Employment 1,106,920
12 Fire Boat Public Safety 300,000
13 New Public Safety Building Comm. Dev. 5,600,000
14 69 KV Reroute Study Employment 250,000
15 Electric Distrib. -- Camelot Sub. Comm. Dev. 200,000
16 Extend 12.47 KV Dist. -- Nash Road Employment 200,000
17 Upgrade 12.47 KV Dist. to Mile 9 Comm Dev. 50,000
CON-I~;L B. MEEHAN MOVED TO AWARD A CONTRACT TO APPRAISAL COMPANY OF
ALASKA IN AN AMOUNT NOT TO EXCEED $8,400 FOR APPRAISAL WORK FOR SIX
SEPARATE PARCELS OF CITY OWNED PROPERTY; THE MOTION WAS SECONDED BY
SCHOLL AND CARRIED UNANIMOUSLY. (October 8, 1985, memorandum from
I
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I
PAGE 83
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
Administrative Assistant Martin recommending the contract award was
noted.)
CO~-I~O/sccC C. SIMUTIS MOVED TO AWARD A CONTRACT TO TORVIK ELECTRIC LTD.
IN AN AMOUNT NOT TO EXCEED $62,014.68 FOR CONSTRUCTION OF THE ELECTRICAL
DISTRIBUTION LINE TO SPRING CREEK CORRECTIONAL FACILITY CONTINGENT UPON
AWARD OF THE CONTRACT TO CONSTRUCT THE SPRING CREEK CORRECTIONAL FACILI-
TY; THE MOTION WAS SECONDED BY HILTON.
In response to a question from Hilton, Schaefermeyer stated
that the notice to proceed will come immediately after the signing of
the prison construction contract.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(October 7, 1985, memorandum from Diener recommending the contract award
was noted.)
CON-~/T-LINE D. SIMUTIS MOVED TO AWARD A CONTRACT TO AFOGNAK LOGGING,
INCORPORATED, IN AN AMOUNT NOT TO EXCEED $5,385 FOR DISPOSAL OF A HOUSE
AT MILE 4, SEWARD HIGHWAY; THE MOTION WAS SECONDED BY HILTON.
In response to questioning from Scholl, Diener stated that an
easement was obtained for the transmission line construction at that
address for an amount of $30,000 with the agreement that the City would
dispose of the present structure and fill in the foundation to eliminate
a potential hazard and liability to the city.
Following a brief discussion, THE QUESTION WAS CALLED AND THE
MOTION CARRIED UNANIMOUSLY. (October 7, 1985, memorandum from Diener
recommending the contract award was noted.)
CON-lo~/T-LINE E. MEEHAN MOVED TO APPROVE CHANGE ORDER NO. 3 TO THE POWER
CONSTRUCTORS, INCORPORATED, CONTRACT IN AN AMOUNT OF $ 2 9,236. 11; THE
MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (October 5,
1985, memorandum from Diener recommending the change order was noted.)
CON-I02/T-LINE F. HILTON MOVED TO APPROVE CHANGE ORDER NO.5 TO THE POWER
CONSTRUCTORS, INCORPORATED, CONTRACT IN AN AMOUNT OF $18,397.00; THE
MOTION WAS SECONDED BY SIMUTIS.
Diener appeared before Council and explained that Change Order
No. 4 would be presented after a reimbursement agreement had been
formalized between the City and Chugach Electric.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(October 9, 1985, memorandum from Diener recommending the change order
was noted.)
CON- ISo G. MEEHAN MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE JUDKINS
CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $2,210; THE MOTION WAS
SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY. (October 9, 1985, memoran-
dum from Diener recommending the change order was noted.)
RB
H4
PAGE 84
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
CON-~/DOCK H. BOOHER MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE AFOGNAK
LOGGING, INCORPORATED, CONTRACT FOR REPAIRS TO THE FOURTH AVENUE DOCK IN
AN AMOUNT NOT TO EXCEED $19,500; THE MOTION WAS SECONDED BY HILTON.
Diener explained that sufficient funds remain from the allo-
cation from the State Department of Transportation to add a new 6-pile
bumper and that the piles would have to be ordered immediately.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
(October 14, 1985, memorandum from Diener recommending the change order
was noted.)
I. October 9, 1985, memorandum from Diener regarding the
Acres contract completion was noted.
CON-\ 72.. Diener explained that Bill Toskey and Rodney Rogers of Acres
would be retained by contract after the Acres contract closed out on
November 1, 1985, in order to settle the Power Constructors contract and
resolve outstanding claims by Crowley for 4th of July construction.
Diener noted that the cost of retaining these engineers would be sig-
nificantly less than the cost of extending the Acres contract. It was
also noted that this item required no action as this time.
XII. CITY MANAGER REPORTS:
None
XIII.
COUNCIL DISCUSSION:
BOOHER asked for an update on the Spring Creek Correctional
Facility. Garzini reported that he and the Mayor, Vice-Mayor, and
Robert Peirson, Acting City Clerk, would be heading for Anchorage to fly
to New York immediately following adjournment in order to close on the
sale of the Lease Certificates of Participation. Garzini also reported
on the status of various related court suits and bond insurance in
response to questions from SIMUTIS and HILTON.
SCHOLL stated that he felt the Weselyn Nursing Home should be
listed on the Capital Projects List as it was now going through the
Certificate of Need process the Hospital had just completed. Scholl
also asked for help from the City administration to formulate a group to
work on an alcohol ordinance.
GILLESPIE congratulated the High School participants in the
recent cross country meets on a job well done. Gillespie also asked
Audette to obtain a copy of the Valdez local hire ordinance.
At the request of HILTON, the Council scheduled a work session
with the Seward General Hospital Board on November 4, 1985, at 7:00 p.m.
BOOHER, as a newly elected Councilmember, expressed his
appreciation of the Council packet with the agenda backup material which
is provided to Councilmembers.
85
PAGE 85
REGULAR MEETING - OCTOBER 14, 1985
VOLUME 21
I
XIV. CITIZENS' DISCUSSION:
ROBERT VALDATTA, Seward, stated that the Seward Marine Indus-
trial Center was in competition with the facility in Ketchikan.
Valdatta stated that the improvements to the Seward airport should be
No. 2 on the CIP list as it would be needed for prisoner transport. He
also discussed the local hire law.
WALTER CHRISTOLEAR, Apartment No.6, Brown and Hawkins Apart-
ments, asked why the campgrounds were closed for the winter. He also
asked what Peggy Tripp had received for moving expenses when the City
bought the transmission line easement at Mile 4, Seward Highway.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
SCHOLL stated that he was interested to hear what unions do to
bring in local workers. He also congratulated Annetta Gillespie in
regard to the passage of Resolution No. 85-104.
XVI. ADJOURNMENT:
The meeting was adjourned at 9:00 p.m.
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PAGE 85 ''O;-..,n:' REGULAR MEETING - OCTOBER 28, 1985 VOLUME 21
1.
CALL TO ORDER:
The October 28, 1985, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were: Mayor Gieseler and Councilmembers Booher, Gil-
lespie, Hilton, Meehan, Scholl and Simutis
Present also: City Engineering and Utilities Manager E. Paul
Diener, City Attorney Arvidson and Deputy City
86
PAGE 86
SPECIAL ITEM:
REGULAR MEETING - OCTOBER 28, 1985
VOLUME 21
Clerk Audette
A. Gieseler introduced Junior Councilmember Carl Blankenship
and presented him with a city pin.
IV. APPROVAL OF MINUTES:
SCHOLL MOVED TO APPROVE THE OCTOBER 7, 11 and 14, 1985,
MINUTES AS PRESENTED; THE MOTION WAS SECONDED BY MEEHAN.
Scholl asked that the words "be considered by Mayor Gieseler
when" be inserted in place of the word "consider" on the first line
under Item VII. COUNCIL DISCUSSION: on Page 74.
There being no further additions, amendments, or deletions,
THE QUESTION WAS CALLED AND CARRIED UNANIMOUSLY WITH THE OCTOBER 7,
1985, MINUTES APPROVED AS AMENDED AND THE OCTOBER 11 AND 14, 1985,
MINUTES APPROVED AS PRESENTED.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
HILTON MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOW-
ING THE MEETING IN ORDER TO DISCUSS MATTERS UNDER LITIGATION AND PERSON-
NEL MATTERS; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY.
Gieseler requested the addition of No. 10 to the Consent
Calendar--Change in Award for Professional Services to complete land
appraisals.
MEEHAN MOVED TO APPROVE THE CONSENT CALENDAR AS AMENDED AND ,
THE REGULAR MEETING AGENDA AS PRESENTED; THE MOTION WAS SECONDED BY
SCHOLL AND CARRIED UNANIMOUSLY. The following actions were taken:
ATTY
FINANCE
COUNCIL
cON-IG\
1.
Attorney bills as follows were approved for payment and
filed:
HTGP&B invoice dated 09/17/85, totalling $211.80
Erwin, Smith & Garnett invoice dated 09/23/85,
totalling $29.00;
2.
10/03/85 Finance Department's list of accounts payable
totalling $1,976,161.26, was approved for payment and
filed;
3.
Request for compensation of $400.00 for loss of pay
and/or annual leave while travelling on City business as
filed by Mayor Gieseler was approved for payment and
filed;
4.
Request for approval
services with Laura
history onto computer
$3,000.00 was approved
of agreement for professional
Smith for input of legislative
for a total contract amount NTE
and filed;
I
I
I
PAGE 87
REGULAR MEETING - OCTOBER 28, 1985
VOLUME 21
5.
Request to cancel 11/11/85 regular Council meeting was
approved and filed;
T-LINE EASEMENT6.
Request for authorization to purchase ROW easement
located at Lot 1, Block 2, Goat Haven Estates, from Glenn
and Margery Smith for the sum of $1,200, for a trans-
mission line easement was approved and filed;
7. 10/23/85 trip report as filed by Kerry Martin, Adminis-
trative Assistant, was noted for information and filed;
8. 10/24/85 trip report as filed by Linda Murphy, City
Clerk, was noted for information and filed;
PROCLAMATION
9. Proclamation designating November 18-24, 1985, as "uss
ALASKA WEEK", was noted for information and filed; and
CON-~
10. 10/28/85 memorandum from Martin requesting a change in an
award for professional services to Black-Smith & Richards
(NTE $4,000) from Appraisal Company of Alaska (reduce
package price by $4,800) to complete appraisals for the
two waterfront parcels associated with the Nash Road
Harbor Project was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Hilton reported that Kenai Peninsula Borough Assembly Rep-
resentative Jonathan Sewall was in Anchorage and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
None
X.
UNFINISHED BUSINESS:
None
PAGE 88
REGULAR MEETING - OCTOBER 28, 1985
VOLUME 21
XI. NEW BUSINESS:
CON-~ A. HILTON MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE
DRYDEN/LARUE & CITY ELECTRIC CONTRACT IN AN AMOUNT NOT TO EXCEED
$20,000; THE MOTION WAS SECONDED BY SIMUTIS. (10/23/85 memorandum from
Diener recommending the change order was noted.)
Diener explained that the change order was necessary in order
to install a steel piling in the Nash Road Lagoon area for the con-
struction of the Nash Road 69 KV transmission line.
THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
P&Z B. Ocotber 25, 1985, memorandum from Linda Murphy, City
Clerk, regarding an appointment of an Advisory Planning and Zoning
Commissioner to fill the vacant seat left by the resignation of Bill
Glenn was noted. Audette noted that each Councilmember had a blank
sheet of paper before them and asked them to write the name of their
choice. Audette collected the papers, tallied the votes and announced
that Larry Johnson had received the most votes.
IT WAS MOVED BY SIMUTIS TO APPOINT LARRY JOHNSON TO FILL THE
VACANT SEAT ON THE SEWARD ADVISORY PLANNING AND ZONING COMMISSION--TERM
TO EXPIRE FEBRUARY 1986; IT WAS SECONDED BY SCHOLL AND CARRIED UNANI-
MOUSLY.
XII. CITY MANAGER REPORTS:
Diener reminded the Council of a work session scheduled for
10/29/85 at 5:30 p.m. in order to hear a presentation by Kurt Wickersham
on a permit system versus the zoning system.
Diener also announced that the Council's Capital Projects List
had been distributed to the Governor, to each legislator and to parties
who had interest in any particular project.
XIII.
COUNCIL DISCUSSION:
SCHOLL asked that in the future the City solicit locally by
advertising all proposals for contracts or professional service
agreements, even if the bid process is not required, in order to give
community members a chance to perform the job. Scholl added that he
thought it wise to add the Weselyn Nursing Home to the list of Capital
proj ects.
GILLESPIE noted that a copy of the Valdez local hire ordinance
had been included as information in the Councilmembers' packets and
stated that the City Manager was compiling any comments in regard to an
ordinance for Seward. Gillespie requested that at the next regular
meeting an ordinance be introduced regarding local hire. Booher added
that local hire should be addressed during construction and beyond to
include actual operati.on.
PAGE 89
REGULAR MEETING - OCTOBER 28, 1985
VOLUME 21
I
GIESELER
informed him that
with $3.3 Million
Proclamation from
reported that personnel at Fort Richardson had
the Seward military recreation camp was to be upgraded
to be spent. Gieseler then read, in its entirety, the
Item No. 9 on the Consent Calendar.
XIV. CITIZENS' DISCUSSION:
ROBERT VALDATTA, Seward, appeared before the Council and
reported that he had read an article in the Anchorage Times regarding an
Alaskan timber sale to China and thought the City should encourage the
shipments to go through Seward. Valdatta also felt the City should
pursue pipe shipments through Seward.
MIKE SELA, 205 C Street, Seward, appeared before the Council
and asked Council to consider developing activities for Seward's youth
during the Parks and Recreation Department's transition period. Sela
felt the youth would benefit from open gym for a week-end basketball
league.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
SCHOLL asked Robert Valdatta to submit to the Council his
suggestions in writing as it was difficult to follow-up on a brief
comment during Citizens' Discussion.
I
BOOHER stated that he felt developing youth programs should be
a high priority of the City. Booher asked for the latest status of the
AVTEC/Student Services Center use agreement with the City. Mike Sela
stated from the audience that the Center would be available for public
use if an employee of the City was present to supervise.
In response to questioning from GILLESPIE, Diener and Robert
Peirson, City Comptroller, stated that a new Parks and Recreation
Department Head had not been hired. Administrative Assistant Martin
reported that the City was not in the process of advertising for a new
Department Head. Judi Andrijanoff, Teen Center Director, in response to
questioning, stated that the insurance problem which had delayed the use
agreement between AVTEC and the City had been solved; that the reason
the AVTEC Center was not in public use was tied to the changes within
the Parks and Recreation Department.
XVI. ADJOURNMENT:
The meeting was adjourned at
recess reconvened in Executive Session
tion and personnel matters.
7:55 p.m. and following a short
to discuss matters under litiga-
I
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PAGE 90
REGUIAR MEEI'ING - NOVEMBER 25, 1985
VOLUME 2l
I. CALL 'IO ORDER:
The Noverrber 25, 1985, regular rreeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Councilrrember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers Booher, Gil-
lespie, Hilton, IvEehan, Scholl and Simutis
Present also: City Manager Garzini and City Clerk ~hy
SPOCIAL ITEM:
Mayor Gieseler introduced Junior Councilrrember David Knapp and
presented him with a City pin.
IV. APPROVAL OF MINUTES:
MEEHAN l>DVED 'IO APPROVE THE OC'IDBER 28, 1985, MINUTES AS
WRI'lTEN; THE MJI'ION WAS SOCaIDED BY SIMUTIS AND CARRIED UNANIMJUSLY.
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEEI'ING AGENDA:
Scholl asked that the following items be rroved from the
Consent Calendar to the Regular IvEeting Agenda for discussion:
Item No.2, proposed Resolution No. 85-l06, designating a
historic district corrrnission, to Agenda Item No. IX(C) (3);
Item No.5, corrpensation for Mayor and Council for travel on
City business, to Agenda Item No. XI (C); and
Item No. 9-l2, miscellaneous actions and proposed actions of
the ABCB, to Agenda Item No. XI (D).
Gieseler added to Agenda Item IX(C) (4) a proposed resolution
welcoming Sanwhan Arrerica to Seward.
The Clerk noted that Mr. Leirer would not be appearing as
scheduled under "Citizens' Discussion" and asked that the item be
deleted from the Agenda.
SCHOLL MJVED 'IO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SOCONDED BY SIMUTIS AND
CARRIED UNANIIDUSLY. The following actions were taken:
PURCHASING/RESO:
l.
Resolution No. 85-l05, authorizing the purchase of
breath-testing and radar equiprrent for the REDDI program
PAGE 9l
I
INDUSTRIAL DEV/
RESO:
STREETS/RESO:
C. ATTY:
C. ATTY:
FINANCE DEPT:
I
C. COUNCIL:
91
REmJLAR MEEI'IN:; - NOVEMBER 25, 1985
VOLUME 2l
without utilization of the City bid procedures, was
approved and filed;
2.
M:>ved to Agenda Item No. IX(C) (3);
3.
Resolution No. 85-l07, en=uraging preferential business
relationships with joint venture fisheries projects
supporting shore-based processors and suppliers, was
approved and filed;
4.
Resolution No. 85-l08, requesting restriction of road
closures on the Seward Highway to nighttirrE hours between
May 1 and September 30, was approved and filed;
5. M:>ved to Agenda Item No. XI (C) ;
6.
Invoices for legal services rendered by Baily and Mason
for September 1985 totalling $88.40 and October 1985
totalling $962.50, were approved for payrrent and filed;
7.
September 1985 invoice from HTGP&B for legal services
totalling $58,287.55, was approved for payrrent and filed;
8.
Novenber 13, 1985, Finance Departnent' s list of ac=unts
payable totalling $2,408,438.l6, was approved for payrrent
and filed;
9.
M:>ved to Agenda Item No. XI (0);
lO. M:>ved to Agenda Item No. XI (0);
11. M:>ved to Agenda Item No. XI (0) ;
l2. M:>ved to Agenda Item No. XI (0) ;
13. Novenber 20, 1985, rrerrorandum from City Clerk Murphy
requesting cancellation of the Council rreeting scheduled
for December 23, 1985, was noted and the rreeting was
cancelled as requested;
l4. Novenber 13, 1985, rrerrorandum from Administrative Assis-
tant Kerry Martin relative to the Air Force Recreation
Carrp was noted for infonration and filed; and
l5. Trip report relative to the AML annual =nference in
Fairbanks as filed by City Clerk Murphy was noted for
infonration and filed.
VI. BOROUGH ASSEMBLY REPORT:
I
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of recent rreetings of the Assembly.
VII. PUBLIC HEARINGS:
92
PAGE 92
REGULAR MEEI'ING - NOVEMBER 25, 1985
VOLUME 2l
None
VIII.
CITIZENS' DISCUSSleN: (With prior notice only)
A. Deleted
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
l. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, AIASKA, ESTAB-
LISHING A COMMUNITY HOSPITAL BOARD.
SCHOLL r-oJED 'ID INl'IDDUCE PROPOSED ORDINANCE NO. 552~ THE
IDI'IeN WAS SOCOODED BY HILTON.
Hilton suggested that the proposed ordinance be arrended by
substituting the word "shall" for the word "may" in Section 2-55(a).l(b)
and by adding the phrase "City of Seward or" irrrrediately preceding the
phrase "East Peninsula Road Service Area" in Section 2-55 (a) .l (a) .
Meehan asked that the fourth "Whereas" clause be deleted in its entire-
ty.
SCHOLL IDVE!) TO AMEND THE PROPOSED ORDINANCE AS SUGGESTED BY
HILTCN AND MEEHAN~ THE IDI'ION WAS S:OCONDED BY SIMUTIS AND CARRIED
UNANIMOUSLY.
THE QUESTleN WAS CALLED eN THE MI\IN IDI'ION AND THE MJTION
CARRIED UNANIMOUSLY. Public hearing on the ordinance, as arrended, was
scheduled for December 9, 1985.
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, AIASKA, AMENDING
SOCI'IeN 2-60 THROOGH 2-63 OF THE
SEWARD CITY CODE RElATIVE 'ID THE
TRADE AND CCM1ERCE ADVISORY BOARD.
SCHOLL r-oJED 'ID INTRODUCE PROPOSED ORDINANCE NO. 553~ THE
MOrleN WAS SOCONDED BY MEEHAN.
Gieseler stated that this ordinance was being introduced at
his request. He noted that, if approved, this ordinance would increase
merrbership on the board from five to seven, decrease the length of each
term fran five to three years and delete the student exchange program
from its list of responsibilities since the Seward International Friend-
ship Association was nON actively involved in the exchange program.
93
PAGE 93
REGUIAR MEETING - NOVEMBER 25, 1985
VOLUME 21
I
THE QUESTICN WAS CALLED AND THE IVDI'ICN PASSED UNANIMJUSLY.
Public hearing on the proposed ordinance was scheduled for December 9,
1985.
B. Ordinances for Public Hearing and Enactrrent:
None
C. Resolutions:
PURCHASING/RESO: 1. Copies having been rrade available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTICN OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APproVING
THE PURCHASE OF A VEHICLE FOR LEASE
TO oar/PF WITHOUT FULL UTILlZATICN OF
THE BID PRCCEDURES SET FORI'H IN
SECI'ION lO-8 OF THE CITY CODE.
HILTON M)VEJ) TO APPROVE RESOlllTICN NO. 85-l09; THE IDI'ICN WAS
SECCNDED BY BCDHER.
I
Scholl stated that he could not support this resolution as
presented. According to the supporting rrerrorandum from Paul Diener,
Engineering and Utilities Manager, there was less than $l,OOO difference
in the price of the 1985 vehicle bid by Hutchinson Chevrolet in Soldotna
and the 1986 vehicle bid by Peninsula Ford in Seward. He stated that he
v,ould favor purchasing the 1986 vehicle locally. Gieseler pointed out
that the rrerrorandum was in error; actually both vehicles were 1985' s.
Carzini added that, while the local vendor was offering a larger vehicle
in his bid, either vehicle v,ould suit the needs of the City and the
Depart:Irent of Transportation (oar). He added that he could not support
spending an additional 8.5% in order to purchase locally.
In response to questioning from ~han, Diener stated that the
cost of the vehicle would be charged against the prison project. The
vehicle would be leased to oar until completion of construction of the
prison at which time the vehicle would revert back to the City. The
vehicle could then be used to replace one of the older vehicles now in
use.
THE QUESTION WAS CALLED AND THE IDI'ION PASSED WITH FIVE "YES"
VarES AND MEEHAN AND SCHOLL varING "NO".
PURCHASING/RESO: 2 Co' ha' be d 'labl h '
. p1.es v1.ng en rra e ava1. e to t e publ1.c,
Gieseler noted by title only a proposed resolution entitled:
I
A RESOlllTICN OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE PURCHASE OF ROLIERSKATFS
WITHOUT FULL UTILIZATICN OF THE BID
94
PAGE 94
REGULAR MEEl'ING - NOVEMBER 25, 1985
VOWME 2l
PROCEDURES SEl' FORTH IN SECI'ION lO-8
OF THE SEWARD CITY roDE.
GILLESPIE MJVED 'ill APPROVE RESOilJTION NO. 85-110; THE MJl'ION
WAS SECONDED BY SIMUTIS.
Recreation Supervisor Judi Andrijanoff appeared before the
Council and explained that only t\o.O corrpanies supplied COIlIlErcial-grade
rollerskates in Alaska. Both =rrpanies had been contacted via telephone
and both had initially responded to her request for proposals. After
this initial response, one corrpany had failed to make further contact
with the City. The other, Alaska Skating Distributors, had provided an
acceptable skate at a lower price. Therefore, she recornrended that the
Council authorize purchase of l50 pairs of skates fram Alaska Skating
Distributors as requested. In response to a question from ~ehan,
Andrijanoff stated that the skates \o.Ould be virtually maintenance-free.
What little maintenance was required would be perfonred by AVTEC. In
addition, the Recreation Departrrent \o.Ould be charging a srrall =ver
charge to anyone participating in the skating program. She indicated
that she hoped to have the program on line by Christmas.
THE QUESTION WAS CALLED AND THE IDI'ION PASSED UNANIMJUSLY.
HISTORIC DIST/RESO: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOilJTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, DESIGNAT-
ING THE SEWARD ADVISORY PIANNING AND
ZONING CCMMISSION AS THE LCX:AL
HIS'illRIC DISTRIcr CXM1ISSION.
HIL'illN MJVED 'ill APPROVE RESOLUTION NO. 85-l06; THE IDI'ION WAS
SECONDED BY SIMUTIS.
In response to questioning fram Scholl, Garzini noted that the
Council had set forth criteria for designating historic districts
approximately one year ago at the request of then-CouncillTember Raya
Williams. Unfortunately, a Historic District Comnission had not been
designated at this tirre making it inpossible for anyone wishing to take
advantage of loan programs geared toward historic preservation to rreet
all of the criteria necessary to secure such financing. Garzini added
that since the Planning Comnission deals with land issues and planning
for the conmunity, it was logical that this body be designated the
Historic District Conmission, thus alleviating the need to establish
another board or corrmission by ordinance. Administrative Assistant
Kerry Martin noted that he had already assembled all of the inforrration
necessary for the Planning Comnission to make inforned decisions on
Historic District issues.
THE QUESTION WAS CALLED AND THE IDI'ION PASSED UNANIMJUSLY.
95
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REGULAR MEEI'ING - NOVEMBER 25, 1985
VOLUME 2l
I
RESO/PRISON: 4. Copies having been made available to the public and
distributed to the Council, Gieseler noted by title only a proposed
resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, WELCOMING
SAMVRAN CORPORATION AND SAMVHAN
AMERICA 'TO SEWARD.
SIMUTIS MJVED 'TO APPROIlE RESOLUTION NO. 85-lll; THE IDrION WAS
SEX:ONDED BY MEEHAN AND CARRIED UNANIMJUSLY. (Gieseler noted that this
resolution had been introduced at his request.)
X. UNFINISHED BUSINESS:
I
LOCAL HIRE: A. November l8, 1985, nerrorandurn from City Attorney Fred
Arvidson relative to a proposed local hire ordinance was noted. Gil-
lespie stated that he had raised the issue of a local hire ordinance and
had initially suggested that the City pattern its ordinance after the
one enacted by the City of Valdez. After reviewing the attorney's
letter, he recorrnended that the Council instruct the City M3nager and
the City Attorney to create an ordinance as outlined in Arvidson 's
nerrorandum. Garzini explained that Arvidson I s plan was to structure a
flexible plan which could be tailored to rreet the needs of each contract
prior to bidding. Included in the bid docurrents would be the quotas
which the City had determined (with the help of the local Job Services
office) to be realistic for the types of jobs to be filled and a system
for rewarding the contractor rreeting the quotas with financial incen-
tives. Following further discussion, it was the consensus of the
Council that Garzini and Arvidson should prepare an ordinance as out-
lined for introduction at the next Council rreeting.
XI. NEW BUSINESS:
CON-J21: A. MEEHAN MJVED 'TO APPROIlE ~ ORDER NO.2 'TO THE AFCX;NAK
LCGGING CONTRACT IN AN AMOUNI' Nor 'TO EXCEED $l5l1. 00; THE IDrION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMJUSLY. (November l2, 1985,
nerrorandurn from Diener recorrmending approval of the change order was
noted. The original contract for 4th Ave. Dock repairs was to be
arrended to include rerroval of additional steel piles at the end of the
dock.)
TRANS. LINE UPGRADE/B. GILLESPIE MJVED 'TO AlID:IORIZE THE CITY MANAGER 'ID ENTER
CON- INTO AN AGREEMENT WITH BILL 'IDSKEY FOR PROFESSIONAL SERVICES AS OUTLINED
~: IN DIENER'S NOIlEMBER l2, 1985, MEMJRANDUM FOR AN AMOUNT Nor 'ID EXCEED
$25,000.00; THE mrION WAS SECONDED BY OOOHER AND CARRIED UNANIMJUSLY.s('!he scope of work included close out of the transmission line contracts
and claims assistance during resolution and arbitration of claims
resulting from transmission line and SMIC contracts.)
I
C. COUNCIL: C. Scholl stated that he had requested that this item be
moved to the regular rreeting agenda for two reasons. First, since four
Councilnembers were requesting compensation and would be required to
abstain from voting, there would not be enough affirrrative votes to
~6
PAGE 96
RmJLAR MEEI'ING - NOVEMBER 25, 1985
VOLUME 2l
approve the carpensation. In addition, it was irrportant that the public
remain infoTIlEd of Council c:orrpensation. Therefore
SCHOLL MJVED TO DIVIDE THE QUESTION OF COMPENSATION SO THAT EACH RmUEST
COUID BE CONSIDERED SEPARATELY; THE IDrION WAS SEC(M)ED BY GILLESPIE.
Garzini explained that the original ordinance allowing c:orrpen-
sation "with the consent of the Council" had been written in this manner
in order that the Council would remain infOTIlEd about the Mayor and
Councilrrernbers I travel at City expense. He suggested that in the
future, questions of c:orrpensation continue to be placed on the Consent
Calendar.
THE QUESTION WAS CALLED AND THE MJI'ION FAILED TO CARRY WITH
SCHOLL CASTING THE ONLY "YES" VOTE.
SCHOLL MJVED TO APPROVE Ca.1PENSATION AS RmUFSTED BY BCXJHER,
GIESELER, HIL'roN AND MEEHAN; THE IDI'ION WAS SOCONDED BY GILLESPIE AND
CARRIED UNANIMJUSLY.
ROCESS: The rreeting was recessed at 9:06 p.m.; reconvened at 9:l6 p.m.
ALCOHOL: D. SIMUTIS MJVED TO APPROVE THE TRANSFER OF A LIQUOR LICENSE
FRJM MARCIA L. CROOELL, DBA VAN GlIDER HarEL, TO MAS'IDJX)N, INC.; THE
IDrION WAS SOCONDED BY MEEHAN.
Scholl stated that it was tirre to stop "rubber stanping"
alcohol license requests and other alcohol-related issues. He noted
that alcohol is a serious problem in Seward and suggested that the
Council appoint an ad hoc ccmnunity advisory carmittee on alcohol to
review the local alcohol ordinance. Meehan stated that he understood
Scholl's concerns, but noted that the Council did not "rubber stanp"
ABCB license requests. Garzini added that the Clerk's Office, the
Finance Departrrent and the Police Depart:rrent review each license request
before it is brought to Council for action. Occasionally, if taxes or
utilities are delinquent, or if there are problems in other areas, the
administration recorrnends that Council object to the renewal, transfer,
etc. Chief Bencardino stated that he had already arranged a rreeting
with local bar and liquor store owners to review sc:>rre recent complaints
about teenagers drinking in bars and obtaining alcohol fran package
stores. He invited Scholl to sit in on the rreeting.
SCHOLL MOVED TO AMEND THE MAIN MJI'ION TO INCLUDE NONOBJE:::TION
OF '!HE RENEWAL OF A BEVERAGE DISPENSARY LICENSE AS RmUESTED BY BPO
ELKS; THE IDI'ION WAS SECONDED BY GILLESPIE. (Simutis and Meehan agreed
to take this amendrrent as a friendly arrendrrent; no vote was necessary.)
THE QUESTION WAS CALLED ON THE MAIN IDI'ION AND THE IDI'ION
PASSED UNANIMJUSLY.
XII. CITY MANAGER REPORI'S:
None
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REGt.JI.AR MEETING - NOVEMBER 25, 1985
VOWME 2l
I
XIII.
COUNCIL DISCUSSION:
SCHOLL noted that he was pleased to see trip reports in the
Cormcil packets but asked that both the costs and benefit to the City be
included in future reports. Scholl also comrended the City Manager and
the City Clerk on their recent accorrplishrrents and the corrrrendations
they had received from their peers statewide.
SIMUTIS stated that she had attended the Alaska Municipal
league (AML) conference in Fairbanks recently. She added that in nearly
every session Seward was used as an example, usually in a positive
sense.
BCOHER stated that he had also attended the AML conference.
He was particularly pleased with sessions dealing with the evaluation of
the Clerk, Manager and Attorney and rating of capital projects.
I
GIESELER congratulated Garzini on his recent election to Vice
President of the Alaska City Managers Association and Murphy on her
recent election to Vice President of the Alaska Association of Municipal
Clerks and Vice President of Alaska Warren in Governrrent. Gieseler added
that he had spoken to Senator DeVries about introducing legislation in
the coming session which would require that state CMIled vessels be
repaired within the state. He noted that she was supportive of the
idea. Gieseler then corrrrended the Fire DepartIrent on the clean up and
rerrodeling of the Fire Hall.
XIV. CITIZENS' DISCUSSION:
JONATHAN SEWALL, Forest Acres, noted that the Borough Asserrbly
was considering legislation to protect subcontractors on capital proj-
ects. He requested feedback from the City Council. He also noted that
the Borough Assembly was holding a public hearing on December 3 on a new
policy for objecting to liquor license applications. He stated that he
would get copies of the ordinance to the Cormcil for its input.
BOB VALDATI'A, Seward, stated that there were l5 bars in
Seward, soma good and sorre bad. He urged Cormcil not to "put dCMIl the
good ones" because of problems with a few.
WALTER CHRISTOLEAR, BrCMIl & Hawkins Apartrrents, stated that he
did not feel that it was appropriate for the City to provide transporta-
tion for the State Departrrent of Transportation.
x:v. COUNCIL AND ADMINISTRATION RESPONSE 'ID CITIZENS' COMMENTS:
SCHOLL noted that his main concern with the alcohol issue was
that this was a community-wide responsibility.
I
XVI.
ADJOURNMENT :
The rreeting was adjourned at lO:07 p.m.
98
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REX:;ULAR MEErING - NOVEMBER 25, 1985
VOLUME 2l
v-t~..'~ti;:;', '7,,:,"
:.2, ' .. ....~l'
fj 0' .'t'," "<
&(Cit:~:Seal:) ,
~--~---~'~~---~-------~~------------------------------------------------
~~E.'.?8 . :~" '. REG;ULAR MEETING - DECEMBER 9, 1985 VOLUME 21
,(\ " ", ,c.
I :%*4'~"\G1\:~ ~:~.,~~I)ER:
~~:iR~~Eimber 9, 1985, regular meeting of the Seward City
Council was'"cafled to order at 7:30 p.m. by Acting Mayor John Gillespie.
~C/]/~ C' ~0?"L
ry pieseler
Mayor
I I. OPENING CEREMONY:
Councilmember Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were:
Acting Mayor Gillespie and Councilmembers
ton, Scholl and Simutis (Gieseler, Booher
Meehan were absent with Council consent.)
Hil-
and
Present also: City Engineer/Utilities Manager Diener, City
Attorney Arvidson and Deputy City Clerk Audette
SPECIAL ITEM:
Acting Mayor Gillespie introduced Junior Councilmember Paul
Audette and presented him with a City pin.
IV. APPROVAL OF MINUTES:
HILTON MOVED TO APPROVE THE NOVEMBER 25, 1985" REGULAR MEETING
MINUTES AS PRESENTED; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED
UNANIMOUSLY.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
SIMUTIS MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE
CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY SCHOLL AND
CARRIED UNANIMOUSLY. The following actions were taken:
RESO/PARKS
1.
Resolution No. 85-112, supporting the Caines Head State
Park, was approved and filed;
RESO/FINANCE
2.
Resolution No. 85-113, requesting municipal assistance
from the State of Alaska, was approved and filed;
LEGAL
3.
October 1985 invoice from HTGP&B for legal services
totalling $103,737.29, was approved for payment filed;
CLAIMS
4.
Claim for damages totalling an unspecified amount as
filed by Harry Drew was denied and filed; and
I
I
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REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
TAXI PERMITS
5.
Request for transfer of taxicab permit from a 1983 white
Ford Fairmont to a 1986 Ltd. Ford Country Squire as filed
by Jeannie Maddocks, dba Seward Cab Company, was approved
and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of recent meetings of the Assembly.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
ORD/HOSPITAL/PH 1. Copies having been made available to the public,
Gillespie noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY
CITY OF SEWARD, ALASKA,
COMMUNITY HOSPITAL BOARD.
COUNCIL OF THE
ESTABLISHING A
Gillespie noted a substitute ordinance as proposed by Hilton, which adds
three "WHEREAS" clauses, had been distributed to the Council. Gillespie
read aloud the additions as proposed and informed the public that copies
of the proposed substitute were available on the wall shelf. Gillespie
then opened the public hearing.
JEAN CRIPPS, 426 Second Avenue, Seward, appeared from the
audience and stated that she did not support the proposed ordinance as
written. Cripps stated that she felt every citizen had a right to serve
on a hospital board by the fact that every citizen was paying the 1%
sales tax which was used to fund the operations of Seward General
Hospital (SGH); that a board should not be limited to members of the
Hospital Association. Attorney Arvidson pointed out that as the
proposed ordinance now reads any resident of the East Peninsula Road
Service area could serve on a board. Cripps added that the Association
is presently comprised of 35 members, 28 of which were either hospital
employees, relatives of employees or proxies held by employees resulting
in a situation where the employees could control the proposed Board.
CRIPPS,
Jean Cripps read
426 Second Avenue,
statement as written by DONALD
and distributed copies to the
aloud a
Seward,
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PAGE 100
REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
Council. The statement supported the concept of the proposed SGH
retirement system through the City's P.E.R.S. but did not want the
Council to be restricted to appointing members to the proposed Board
from the recommendations of the Hospital Association. Instead, D.
Cripps felt that the Council should consider prospective board members
from the community at large much like the system the Council now uses to
solicit and appoint members to the Seward Advisory Planning and Zoning
Commission.
RUTH MCHENRY, 508 First Avenue, Seward, appeared from the
audience and stated that she was a member of the SGH Association and
served on the SGH Board of Trustees. She stated that she liked the
first two "WHEREAS" clauses as proposed by Hilton, but felt the last
clause should be worded even stronger. She also understood that the
wording "rapid expansion of the community has resulted in increased
needs for health care facilities and.." in the third "WHEREAS" clause
was to be deleted under the proposal by Hilton. McHenry stated that the
Association's wording proposals for the ordinance were already a
compromise and was concerned that the Association did not want to give
up much more power. McHenry expressed her appreciation of Simutis'
comment that the reason behind the proposed ordinance was to provide an
avenue for the SGH employees to join the City's retirement system.
MARGARET NELSON, 501 Third Avenue, Seward, appeared from the
audience and stated that she worked for Wesleyan Nursing Home. Nelson
stated her opposition to Section 2 of the proposed ordinance which
states that the Hospital Association shall select and recommend persons
to the Council for appointment to serve vacant positions on the proposed
Community Hospital Board. She felt that since the City owns the hospi-
tal building, performed the major maintenance to the building and
disbursed the funds collected from the 1% sales tax for the operations
of the hospital, the City should have the full responsibility of
selecting the proposed Board members. Nelson stated that 10 years ago
the Association conducted membership drives that solicited 200-300
members, but now the Association is comprised of 35 members and could
conceivably be controlled by employees. Nelson expressed her preference
to have the proposed Board members selected from the community at large,
as the Seward Advisory Planning and Zoning Commissioners are presently,
with approval of the Association and Council.
GAIL SELA, 202 "c" Street, Seward, appeared from the audience
and stated that she was an employee of SGH and wondered why citizens
were "all of a sudden" coming forward speaking against the proposed
Board being appointed by Association. Sela stated that historically the
hospital had not provided good benefits for its employees but the
proposed ordinance would allow hospital employees to join P.E.R.S. which
would be a way to entice good employees to stay. Sela expressed her
support of the proposed ordinance.
No one else appeared from the audience and the public hearing
was closed. Gillespie noted December 4, 1985, memorandum from Mayor
Gieseler regarding the proposed ordinance.
I
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I
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REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
Simutis stated that perhaps adding "for the sole purpose of
providing an improved retirement system" to the second "WHEREAS" clause
as proposed by Hilton would provide the stronger wording McHenry was
looking for. Gillespie, in order to make it clear that the Council
could select from the community at large, suggested the word "shall" be
replaced with "may" under Section2-55(b).I.
Gillespie stated that since four Council members constitute a
quorum and one of the four Council members present was a SGH employee,
and therefore had a conflict of interest and would have to abstain from
voting, a vote for enactment could not be considered. In response to
questioning, City Attorney Arvidson stated that amendments to the
proposed ordinance also could not be voted upon for the same reason.
Following a short Council discussion, Gillespie asked that the
ordinance be placed on the next regular meeting agenda.
ORD/PH/TRADE BOARD 2. Copies having been made available to the public,
Gillespie noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING SECTION
2-60 THROUGH 2-63 OF THE SEWARD CITY CODE
RELATIVE TO THE TRADE AND COMMERCE ADVISO-
RY BOARD.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
ROBERT VALDATTA, Seward, appeared from the audience and stated
that he had not seen many accomplishments from the Board and questioned
its effectiveness. Valdatta suggested that the Council review the Board
and its actions and perhaps disband and restart the Board after that
review.
No one else appeared from the audience and the public hearing
was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 553; THE MOTION WAS
SECONDED BY SIMUTIS. Scholl stated that he had some concerns and would
prefer to obtain more thorough background information before acting on
the proposed ordinance. Simutis suggested that the concerns could be
discussed under New Business Item (H), appointment of new members; that
the proposed ordinance dealt only with increasing the number of Board
members, length of terms and changing the title of the Board. Scholl
felt the goals and obj ectives of the Board should be outlined before
moving ahead.
SCHOLL MOVED TO POSTPONE ACTION ON PROPOSED ORDINANCE NO. 553
UNTIL THE SECOND REGULAR COUNCIL MEETING IN JANUARY, 1986; THE MOTION
WAS SECONDED BY GILLESPIE AND FAILED TO CARRY WITH SIMUTIS VOTING NO.
THE QUESTION WAS CALLED ON THE MAIN MOTION AND FAILED TO CARRY
WITH SCHOLL VOTING NO.
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PAGE 102
REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
C. Resolutions:
None
X. UNFINISHED BUSINESS:
XI. NEW BUSINESS:
ASSESSMENTS A. Gillespie noted a November 19, 1985, memorandum from
Diener regarding proposed assessments for off site improvements developed
during construction of Gateway Subdivision including construction of
Phoenix Drive ($66,257.45); extending sewer trunk ($48,387.93); and
extending watermains ($129,720.75) and excluding an areawide water
assessment.
SIMUTIS MOVED TO SCHEDULE PUBLIC HEARINGS REGARDING ASSESS-
MENTS FOR OFFSITE IMPROVEMENTS DEVELOPED DURING CONSTRUCTION OF GATEWAY
SUBDIVISION EXCLUDING AN AREAWIDE WATER ASSESSMENT; THE MOTION WAS
SECONDED BY HILTON.
Scholl stated that he felt that an areawide water assessment
should also be considered during the public hearing process because
quite a few property owners benefited from the increased water supply.
SCHOLL MOVED TO AMEND THE MAIN MOTION TO INCLUDE A PUBLIC HEARING ON AN
AREAWIDE WATER ASSESSMENT. (Simutis and Hilton agreed to take this
amendment as a friendly amendment; no vote was necessary.)
THE QUESTION WAS CALLED ON THE MAIN MOTION AND THE MOTION
CARRIED UNANIMOUSLY.
CON 103 B. SCHOLL MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE R.W.
BECK CONTRACT FOR RATE STUDY IN AN AMOUNT NOT TO EXCEED $2,126.82; THE
MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (December 2,
1985, memorandum from Diener recommending the change order was noted.)
CON 160
C. HILTON MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE TORVIK
ELECTRIC, LTD., CONTRACT FOR ELECTRIC CONSTRUCTION TO THE PRISON SITE IN
AN AMOUNT NOT TO EXCEED $19,768.83; THE MOTION WAS SECONDED BY SIMUTIS
AND CARRIED UNANIMOUSLY. (December 2, 1985, memorandum from Diener
recommending the change order was noted.)
CON 168
D. SIMUTIS MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A
CONTRACT WITH MARATHON FUEL CORPORATION, THE SOLE BIDDER, TO PROVIDE
VARIOUS PETROLEUM PRODUCTS TO THE CITY OF SEWARD FOR CY1986; THE MOTION
WAS SECONDED BY SCHOLL AND CARRIED UNANIMOUSLY. (December 5, 1985,
memorandum from Diener recommending the contract award was noted.)
PURCHASING/WATER E. SIMUTIS MOVED TO APPROVE AN EMERGENCY PURCHASE ORDER TO
M-W DRILLING FOR REPAIR OF WATER WELL NO.3 FOR AN AMOUNT OF $10,955.67;
THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (December 5,
1985, memorandum from Diener recommending approval of the purchase order
was noted.)
101
PAGE 103
REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
I
CON _169 F. SCHOLL MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A
CONTRACT WITH WALTER R. GARDNER AND ASSOCIATES, ELECTRICAL CONSULTANT,
FOR AN AMOUNT NOT TO EXCEED $20,000.00; THE MOTION WAS SECONDED BY
HILTON. (December 5, 1985, memorandum from Diener recommending the
contract award was noted.)
In response to questioning from Council, Diener explained that
Gardner had been under contract with Acres/Hanscomb from the onset of
the transmission line construction to act as a special electrical
consultant and recognized third party observer. With the termination of
the Acres contract, it was his recommendation to retain Gardner to
assist in the resolution of claims or to provide testimony in case of an
arbitration.
Following a short discussion, THE QUESTION WAS CALLED AND THE
MOTION CARRIED UNANIMOUSLY.
CIP G. HILTON MOVED TO ACCEPT THE CAPITAL IMPROVEMENTS PLAN FOR
1986-1990 AS PRESENTED TO COUNCIL; THE MOTION WAS SECONDED BY SIMUTIS.
(December 5, 1985, memorandum from Audette regarding the recommendation
from the Seward Advisory Planning and Zoning Commission was noted.)
I
Scholl stated that he felt the Wesleyan Nursing Home should be
included on the list. He also asked the Administration if the Parks and
Recreation Department's needs had been taken into consideration since
there had not been a Head for that department during the development of
the 1986-90 Plan.
SCHOLL MOVED TO POSTPONE ACTION ON THE CAPITAL IMPROVEMENTS
PLAN FOR 1986-1990 UNTIL THE JANUARY 13, 1986, REGULAR COUNCIL MEETING;
THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY.
H. (With the failure of proposed Ordinance No. 533, the
recommendations as outlined in a December 5, 1985, memorandum from Mayor
Gieseler could not be considered.) SIMUTIS MOVED TO REAPPOINT DALE
LINDSEY TO THE SEWARD INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT
ADVISORY BOARD'S VACANT 5-YEAR TERM TO EXPIRE NOVEMBER 1990; THE MOTION
WAS SECONDED BY HILTON.
Hilton stated that he felt that vacancies on the Trade Board
should be advertised as are the vacant seats on the Seward Advisory
Planning and Zoning Commission. SIMUTIS REQUESTED TO HAVE HER MOTION
WITHDRAWN; HILTON (the Second) REFUSED.
\.
Kerry Martin, Administrative Assistant, stated that Lindsey
indicated to him that he did not want to serve a 5-year term, but would
be agreeable to a reappointment if the terms were altered. Gillespie
stated that the Council had historically reappointed members of the
Trade Board to vacant seats.
I
HILTON MOVED TO AMEND THE MAIN MOTION TO APPOINT DALE LINDSEY
TO A I-YEAR TERM INSTEAD OF A 5-YEAR TERM; THE MOTION DID NOT HAVE A
SECOND. Arvidson pointed out that the present ordinance did not provide
for I-year terms.
104
PAGE 104
REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
HILTON MOVED TO POSTPONE AN APPOINTMENT TO THE VACANT SEAT ON
THE INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT ADVISORY BOARD UNTIL
THE SECOND REGULAR COUNCIL MEETING IN JANUARY; THE MOTION WAS SECONDED
BY SCHOLL AND CARRIED UNANIMOUSLY.
PZ I. SCHOLL MOVED TO DECLARE THE SEWARD ADVISORY PLANNING AND
ZONING COMMISSION SEAT HELD BY CHRISTINE WERNER VACANT AND INSTRUCT THE
CITY CLERK TO ADVERTISE THIS VACANCY ALONG WITH THE SEATS TO BECOME
AVAILABLE WHEN THE TERMS OF WOODRUFF AND JOHNSON EXPIRE IN FEBRUARY; THE
MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (December 5,
1985, memorandum from Audette regarding a request from the Seward
Advisory Planning and Zoning Commission to appoint a new member was
noted. December 5, 1985, memorandum from City Clerk Murphy recommending
that the seat be advertised with the vacant seats to become available in
February was noted.)
RE-039 & 037J. Gillespie requested Council's permission to deviate from
procedure and allow public input regarding a proposed exchange by
Seward's Folly and Sailing, Inc. of City Lease Lot 5 and a Portion of
Lot 7, Block 1, Marina Subdivision. Hilton stated that Seward's Folly
was actually in default on Lot 5 since construction had not commenced as
agreed to in the lease and therefore there was nothing to exchange and
should not even be considered. For discussion purposes, HILTON MOVED TO
APPROVE THE PROPOSED EXCHANGE BY SEWARD'S FOLLY AND SAILING, INC. OF
CITY LEASE LOT 5 AND A PORTION OF LOT 7, BLOCK 1, MARINA SUBDIVISION; IT
WAS SECONDED BY SIMUTIS.
City Attorney Arvidson informed the Council that a public
hearing would be required if a lease was to be affected; that the
Council could approve the concept of the exchange but the actual trans-
action would have to follow the public hearing process. Scholl pointed
out that the City had control of Lot 5 because of the default; that it
was not Seward's Folly to swap. Gillespie stated that he felt that the
exchange would be beneficial to the City as explained in the December 6,
1985, memorandum from Martin. Simutis stated that after reviewing the
advantages of the exchange she was in favor but would like to see a time
frame specified for additional construction by Russ Pace, dba Seward's
Folly.
SCHOLL MOVED TO AMEND THE MAIN MOTION TO APPROVE SCHEDULING A
PUBLIC HEARING FOR THE PROPOSED EXCHANGE BY SEWARD'S FOLLY AND SAILING,
INC., OF CITY LEASE LOT 5 AND A PORTION OF LOT 7, BLOCK 1, MARINA
SUBDIVISION. (Hilton and Simutis agreed to take this amendment as a
friendly amendment; no vote was necessary.)
THE QUESTION WAS CALLED AND THE MAIN MOTION CARRIED UNANIMOUS-
LY.
XII. CITY MANAGER REPORTS:
None
XII 1.
COUNCIL DISCUSSION:
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PAGE 105
REGULAR MEETING - DECEMBER 9, 1985
VOLUME 21
I
None
XIV.
CITIZENS' DISCUSSION:
ROBERT VALDATTA, Seward, appeared from the audience and stated
that the Trade Board should have both tourist and industrial oriented
members. Valdatta stated that the City of Seward should hire a Port
Director. He also made reference to an article in the Anchorage Daily
News regarding the Longshoremen's Union.
BRAD SNOWDEN, 525 Sixth Avenue, Seward, appeared from the
audience. In response to questioning, Arvidson stated that the City did
not hold shares of stock in the Chugach Electric Association since the
City did not buy power as a consumer but as a distributor. Snowden also
asked Diener what type of water and sewer pipe he should install during
the remodel of the New Seward Hotel.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
I
GILLESPIE, in response to Valdatta, stated that the Council
had previously explored the idea of a Port Director. HILTON stated that
since the ship's dock was owned by the State and not the City a Port
Director would not have any control of the policies for the dock.
Valdatta suggested that perhaps a "finder's fee" for dock use be initi-
ated. Valdatta, in response to questioning from Hilton, stated that he
had not approached the State with his ideas for the dock but he had
attended the Alaska Railroad's last board meeting.
GILLESPIE expressed his opinion that the statement that the
Trade Board was ineffective was untrue.
XVI. ADJOURNMENT:
The meeting was adjourned at 9:45 p.m.
h ~\c:.~: (["~I ~ nr-in-
C risty Audette
Deputy City Clerk
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Ac "ng Mayor
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PAGE 106
SPECIAL MEETING - DECEMBER 16, 1985
VOLUME 21
I. CALL 'ill ORDER:
The DeceITiber 16, 1985, special neeting of the Seward City
Cmmcil was called to order at 12:05 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMONY:
The Mayor dispensed with the Opening Cereroony.
III. ROIL CALL:
Present were: Mayor Gieseler and Cmmcilnanbers Gillespie,
Hilton, Meehan, Scholl and S:irnutis (Cmmcil-
rrenber Booher was absent with Cmmcil consent)
Present also: City Manager Garzini and City Clerk Murphy
IV. APPROVAL SPECIAL MEETING AGENDA:
HILTON MOVED 'ill APPROVE THE SPECIAL MEETING AGENDA AS PRESENT-
ED; THE MJTION \'1AS SECONDED BY SCHOIL AND CARRIED UNANlM)USLY.
V. SPECIAL ITEM:
A. HIL'illN MOVED 'ill MEET IN EXECUTIVE SESSION IMMEDIATELY
FOlLOWING THE CLOSE OF REGULAR BUSINESS IN ORDER 'ill DISCUSS A PERSONNEL
MAITER; THE MOTION WAS SECONDED BY SCHOIL AND CARRIED UNANIMOUSLY.
VI. COUNCIL DISCUSSION:
None
VII. CITIZENS' DISCUSSION:
None
VIII. COUNCIL AND ADMINISTRATION RESPONSE 'ill CITIZENS 1 CCM1ENTS:
None
IX. ADJOURNMENI':
The neeting was adjourned at 12:10 p.m., and after a short
recess, the Cmmcil reconvened in Executive Session to discuss a person-
nel matter.
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Mayor
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I
I
107
PAGE 107
SPECIAL MEETING - DECEMBER 23, 1985
VOLUME 21
I. CALL TO ORDER:
The Decerrber 23, 1985, special neeting of the Seward City
Cmmcil was called to order at 7:40 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMONY:
Councilmernber Hilton led the pledge of allegiance to the flag.
III. ROll. CALL:
Present were: Mayor Gieseler and Councilmembers Gillespie,
Hilton, Meehan and Scholl (Councilmernbers
Booher and Sirrutis were absent with Council
consent)
Present also: City Manager Garzini, City Attomey Arvidson
and City Clerk Murphy
IV. APPROVAL OF SPECIAL MEETING AGENDA:
At the request of City Attomey Arvidson, MEEHAN IDVED TO MEET
IN EXECUTIVE SESSION ll1MEDIATELY FOLLCMING THE CIDSE OF REGULAR BUSINESS
IN ORDER TO DISCUSS THE IBF.W NEGOTIATIONS; THE MYrION WAS SECONDED BY
SCHOU AND CARRIED UNANIMOUSLY.
MEEHAN MOVED TO APPROVE THE SPECIAL MEEI'ING AGENDA; THE MYrION
1.JAS SECONDED BY SCHOU AND CARRIED UNANIMOUSLY.
V. ORDINANCES FOR PUBLIC HEARING AND ENACIMENI':
ORD/HOSP.BOARD: A. Copies having been made available to the public, Gieseler
noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CI'IY COUNCIL OF THE
CI'IY OF SEWARD, AIASKA, ESTABLISHING A
CCM1UNI'IY HOSPITAL BOARD.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
\v. C. CASEY, 702 Third Avenue, stated that he was not happy
with the way the board members were to be selected. He stated that one
should not be required to pay a $10 membership fee to the Hospital
Association in order to be eligible for the Board. He also objected to
calling the public hearing on the ordinance on short notice during the
holiday season.
AL LAMBERSON, President of the Seward General Hospital Board
(residence, Mile 6.3, Seward Highway), noted that the ordinance would
not limit membership on the Board to Hospital Association members.
108
PAGE 108
SPECIAL MEETING - DECFl1BER 23, 1985
VOLUME 21
WALTER CHRISTOLEAR, Brown & Hawkins Apartments, stated that,
as an enq>loyee of the hospital, Counci1.rrernber Hilton should be barred
from discussing the ordinance during the rreeting.
No one else appeared in order to be heard and the public
hearing was closed.
SCHOlL MOVED TO ENACI' ORDINANCE NO. 552; THE MJI'ION WAS
SECONDED BY MEEHAN.
SCHOlL MOVED TO AMEND ORDINANCE NO. 552 BY DElETING THE PHRASE
"rapid expansion of the ccmnunity has resulted in increased needs for
health care facilities and" FROM THE 'lliIRD "WHEREAS" ClAUSE AND ADDING
THE :FOLLCMING ''WHEREAS'' ClAUSES IN THE 'lliIRD, FOUR'lli, AND SEVENTH
PARAGRAPH POSITIONS RESPECI'IVELY:
WHEREAS, the Association has not been able to
provide an adequate retir~nt plan for its enq>loy-
ees; and
WHEREAS, the Association is interested in
Hospital enq>loyees becoming City employees to be
eligible for an improved retir~nt system; and
WHEREAS, the City Council wishes the Conmmity
Hospital Board members to be selected and nominated
from the membership of the Seward General Hospital
Association;
THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED WI'lli FOUR "YES" VOTES AND
HILTON ABSTAINING. (Scholl explained that the additions and deletions
had been rec(J[!l!ETlded by the Hospital Association.)
Gieseler opened discussion of the arrended ordinance to the
Council. Gillespie noted that, by Charter, the Council is required to
hold only one public hearing prior to enactment of an ordinance, adding
that this hearing was the second one called for this particular ordi-
nance.
Meehan stated that he was pleased with the ordinance as
arrended at the suggestion of the Hospital Board. He added that the
problems enumerated by sOlIe members of the public had nothing to do with
the ordinance itself and could be worked out administratively. Scholl
concurred.
Gieseler noted that prior to his trip to the Orient, he had
drafted a letter to the Council suggesting that it might be wise to call
in a consultant to review the situation and advise the City on the best
way to provide the hospital enq>loyees with an adequate retirerrEnt
system. Gieseler stated that while he was ccmnitted to providing the
hospital employees with a retirement plan, he had SOIre problems with
this particular ordinance and questions concerning other hospital issues
including the use of the 1% sales tax. Gieseler further noted that he
109
PAGE 109
SPECIAL MEETING - DECEMBER 23, 1985
VOLUME 21
I
had received letters from some cOlIlT1l1I1ity I!Elllbers who were also concemed
about this ordinance.
Garzini stated that the ordinance before the C01.IDcil was one
which wuld acc~lish the Cotmcil' s primary goal -- providing hospital
employees with a retirerrent system -- while changing the status quo as
little as possible. He added that the administration had developed this
ordinance following the wishes of the Cotmcil, the Hospital Board and
the public and, in his opinion, this was the best solution possible.
Garzini then corrmented on a letter received from Jo1m Lohse questioning
the budget process as set forth in the ordinance. He noted that this
process had been lifted directly from the City Charter and followed
exactly the guidelines for approval of the City budget.
FOILCMING FURTHER DISCUSSION, THE QUESTION WAS CAILED ON THE
MAIN MOrrON AND ORDINANCE NO. 552, AS AMENDED, WAS ENACl'ED \<JITIl FOUR
"YES" VOTES AND HII~TON ABSTAINING.
VI. COUNCIL DISCUSSION:
SCHOll stated that the Hospital Board had been very active
recently in facilities plarming and arranging for a 3-year study of the
hospital by the University of Washington Medical School. He noted that
he wuld be resigning from the Board when the ordinance took effect.
I
MEEHAN asked for an explanation of the recent electrical
outages. Garzini noted that a tree, felled during a winds tom, had
taken out a section of the power line near Crown Point.
GIESELER noted that Section 4 of Ordinance No. 552 stated that
the ordinance wuld become effective only upon approval of the Seward
General Hospital Association of the transfer of operation of the hospi-
tal to the City.
VII. CITIZENS' DISCUSSION:
AL LAMBERSON, President of the Hospital Board, noted that the
Hospital Association had voted its approval of the transfer at its last
meeting.
I
WALlER CHRISTOlEAR, Brown & Hawldns Apartrrents , asked if
Hilton would be required to resign his seat on the Cotmcil now that
hospital employees were be caning employees of the City. Arvidson stated
that, in his opinion, Hilton wuld not have to resign since the Cotmcil/
Hospital relationship had been rmdeIed after the Assembly/School Dis-
trict relationship. In that instance, the courts had ruled that school
district employees could not be barred from serving on the municipal
assembly. Christolear then asked if the position of Recreation Supervi-
sor, held by Judi Andrijanoff, had been advertised. Garzini explained
that he had prarroted from within the City and had, therefore, not
advertised.
VIII.
COUNCIL AND Aa1INISTRATION RESPONSE TO CITIZENS' CCM1ENTS:
None
110
PAGE no
SPECIAL MEETING - DECl'MBER 23, 1985
VOLUME 21
IX. ADJOURNMENT:
The rreeting was adjourned at 8:10 p.m., and after a short
recess, the Council reconvened in Executive Session in order to discuss
the IBEW negotiations.
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I. CALL ro ORDER:
The January 13, 1986, regular rreeting of the Seward City
Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREM:>NY:
Council1rember SiImtis led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Council1rembers Booher, Gil-
lespie, Hilton, M=ehan, Scholl and SiImtis
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPEX::IAL ITEM:
Gieseler introduced Junior Council1rember Susan Branson and
presented her with a City pin.
IV. APPIDVAL OF MINUTES:
SCHOLL MJVED ro APPROVE THE DECEMBER 9, l6 and 23, 1985,
MINUTES AS WRITI'EN; THE MJI'ION WAS SEX::OODED BY SIMlJI'IS.
Scholl asked the Clerk to check the testirronies of Jean Cripps
(Page 99) and Margaret Nelson (Page 100) for ac=acy. He stated that
each had indicated that the rrembership of the Hospital Association was