Loading...
HomeMy WebLinkAbout1987 City Council Minutes I I I 61 PAGE 61 SPECIAL MEETING - JANUARY 12, 1987 VOlllME 22 I. CALL ro ORDER: The January 12, City Council was called to Gieseler. 1987, special rreeting of the Seward order at 5:37 p.m. by Mayor Harry E. II. OPENING CEREM:NY: Council.member Noll led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Council.members Booh- er, Dunham, Hilton, Meehan, Noll and Sirrutis Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy IV. APPROVAL OF SPECIAL MEEI'ING AGENDA: MEEHAN MJVED ro APPROVE THE SPECIAL MEm'ING AGENDA AS PRESENTED; THE IDI'IOO WAS SE:C:nIDED BY SIMUTIS AND CARRIED UNANIMJUSLY. V. SPECIAL ITEM: A. HIL'lDN MJVED ro MEm' IN EXECUTIVE SESSION IMMEDI- ATELY FOI.J.aVING THE CLOSE OF BUSINESS IN ORDER ro DISCUSS MATTERS UNDER LITIGATION; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIIDUSLY. VI. COUNCIL DISCUSSION: VII. CITIZENS' DISCUSSION: VIII. COUNCIL & ADMINISTRATION RESPOOSE ro CITIZEN COMMENTS: IX. AnJOURNMENT : The rreeting was adjourned at 5: 39 p.m., and after a short recess, the Council rret in Executive Session to discuss matters under litigation. ~?----d':_,f... E. Gieseler or ,\y --\'~;i Yo $I ,....~~ ".J V. ~"t', ,~ {city Saa.l) ~, ..... . ,.,~ ") G;.. ;\'1' l t ... -:$ oi . ,.::-J _"'.' :". l.t ~' ~ ~ t<t '....~, ~. .... ~ '. ,,#Of .;~.. f1 .~ ......, "'~t'h.. 1 l\~." ..- ':;-... ~~' '::';:>,,' i:t., .'..-: ..' c-*"i"~' 0,::' f'!::' Of 1'.\ \>-."'... .de 0'/ ,(-?;~ ~ _,,,,:"~~.J '>~rrrrrn';~" ~ 62 PAGE 62 REX:iUIAR MEETING - JANUARY 12, 1987 VOUlME 22 I. CALL ro ORDER: The january 12, 1987, 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: Councilrrember Dunham led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers Booh- er, Dunham, Hilton, Meehan, Noll and Simutis Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy SPECIAL ITEMS: A. Gieseler introduced Junior Councilrrember Tina Maness and presented her with a City pin. B. SHARON ANDERSOO presented to the City a hand- crafted insignia from the wives of the crew of the USS Alaska. IV. APPROVAL OF MINUTES: HILroN ffiVEI) ro APPROVE THE NOVEMBER 24, AND DECEMBER 8, 16 AND 23, 1986, MINUTES AS WRITTEN; THE MJI'ION WAS SECONDED BY BOOHER AND CARRIED UNANIIDUSLY. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: Garzini requested that the regular rreeting agenda be anended by the addition of two items to "New Business" -- A) Change order mU'llber 33 to the Sanwhan contract for prison construction; and B) The award of a professional services agreerrent to rrarket the prison industries program to Bob Rich- ards. Garzini also noted that he would be discussing a letter he had received from Alaska Cargo Transport, Inc., under "City Manager Reports". MEEHAN ffiVEI) ro APPROVE THE REGUIAR MEETING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE IDI'ION WAS SEXXJNDED BY SIMlJI'IS AND CARRIED UNANIMJUSLY. The following actions were taken: LAND SELECTION / RESO: 1. Resolution No. 87-001, relinquishing interest in (Relinquishing Lot 1, USS 3294, (located on the east shore north of the Alaska City interest) freight dock) as it pertains to the Municipal Land Entitlerrent Act, was approved and filed; I I I PAGE 63 REGUIAR MEETING - JANUARY 12, 1987 VOUlME 22 2. Resolution No. 87-002, supporting the continuance of the Essential Air Service Program, was approved and filed; 3. Resolution No. 87-003, endorsing the nomination of the Alaska Railroad Depot to the National Register of Histor- ic Places, was approved and filed; 4. December 11, 1986, rrenorandum from Mayor Gieseler requesting approval of a $250 donation to the Sister Cities International Building Fund was approved and filed; 5. ABCB liquor license renewal applications as filed by the Peking Chinese Restaurant, Seward Trading Conpany, Wheelhouse, Seward's Folly Liquor Store, Showcase Lounge and Latitude 60/Bubba's were filed without objection; 6. ABCB applications for restaurant designation as filed by the Peking Chinese Restaurant and Latitude 60/Bubba' s were approved and filed; 7. Applications for Perrni ts for Ganes of Chance and Skill as filed by Resurrection Bay Lions & Lioness and Gateway Children's Center were filed without objection; 63 AIRPORT/RESO: (Supporting Essen. Air Service Prog.) HISTORIC DIST/RESO: (Supptg nomination of ARR Depot) SISTER CITIES: (Donation to bldg. fund) ABCB: (License re- --- newals) ABCB: (Restaurant designations) GAMES OF CHANCE & SKILL: 8. Change orders to the Sarrwhan contract for prison CON- 15'1 construction were approved as follows: No. 27 Relocate sprinkler piping in cell areas (+$52,602.00) No. 28 Install roof drains (+$23,000.00) 9. Third quarter CY 1986 taxable sales report as filed by Corrptroller Bob Peirson was noted for information and filed; 10. December 31, 1986, letter from Wiley, Rein & Fielding to W3N-'IV attorneys relative to the rebroadcast of W3N by the City was noted for information and filed; and 11. January 8, 1987, rrenorandum from City Clerk Murphy regarding a letter from John Glasser relative to carrper parking on Washington Street (and scheduling Council discussion for the next rreeting) was noted for information and filed. VI. BOROUGH ASSEMBLY REPOID': 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) 64 CON- I S.c, : PRISON/CON-~: PAGE 64 REGUIAR MEm'ING - JANUARY 12, 1987 VOLUME 22 None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been rrade available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINl\NCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 14-72 OF THE CITY CODE RELATIVE ro PARKING. HILroN MOIlED ro INTRODUCE PROPOSED ORDINANCE NO. 585; THE MJI'ION WAS SECONDED BY SIMlJI'IS AND CARRIED UNANIM:>USLY. Public hearing was scheduled for January 26, 1987. B. Ordinances for Public Hearing and EnactrrEnt: None C. Resolutions: None X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. MEEHAN ffiVEI) ro APPROVE CHANGE ORDER NO. 33 ro THE SFMVHAN CONTRACT FOR PRISOO CONSTRUCTION; THE MJI'ION WAS SEXXJNDED BY SIMUTIS AND CARRIED WITH SIX "YES" VOI'ES AND NOLL VarING "NO" . (The change order, totalling $1,050,000.00, extended carpletion date of the project to Noverrber 30, 1987, and provided for COI'C"pensation and tinE for all changes requested by the City and which had been presented to Sanwhan through Decerrber 19, 1986.) B. SIMlJI'IS MJVED ro APPROVE A PROFESSlOOAL SERVICES AGREEMENI' WITH BOB RICHARDS AS OUTLINED IN THE ADMINISTRATION'S MEMJRANDUM; THE MJI'ION WAS SECONDED BY DUNHAM. (PSA, as pro- posed, would cover Richards' services on an hourly basis for a period of 6 weeks for a not-to-exceed figure of $15,000. Richards would deliver to the City a print-ready draft of everything a private person would want to know regarding private involverrent in a prison industries program; a listing of Alaska businesses which should be contacted; and a list of sources, outlets and rrethods for publicizing the request for private partners. ) I I I PAGE 65 REGUIAR MEETING - JANUARY 12, 1987 VOUlME 22 In response to a question frcm Meehan, Garzini stated that the Prison Industries Task Force had not yet reviewed this particular proposal. He explained that Eric Davenport had presented an unsolicited proposal to the City about 6 weeks ago offering to solicit industry for the prison industries program. The Task Force had discussed this proposal and had agreed that it was too costly and enconpassed work which had previously been perforrred by others. Davenport had then anended his proposal; this, too, had received a cool reception frcm the Task Force. CouncilrrEmber Noll (who had attended the neeting wherein the second proposal was discussed) suggested. that a nnre likely candidate to perfom this task would be an Anchorage-based economist and suggested three likely candidates, one of whom was Bob Richards. Vickie Williams and Wes Milton of DepartrrEnt of Corrections had net with Richards and were irrpressed with his proposal. (DO: would administer the contract.) Garzini also stated that, if Council agreed, he would ask DO: to send Daven- port a stipend of about $1,000 for the effort he had put into his proposals to the City. Booher stated that this type of study was not needed and stated that the City should plan and construct a basic shop facility which could later be modified for a specific business. Garzini noted that a decision regarding the type and size of the prison industries building IlRlst be rrade by May 1, 1987. Dunham stated that nnst prison industries "just happen" and added that the Task Force had hoped that the industry at Spring Creek would be geared toward the conmmi ty and would be one which would last. Garzini noted that a generic building is envisioned and that oor/PF v.uuld see that it was built unless sonething specif- ic was found to be needed as a result of this project. In response to a question from Simutis, Garzini stated that the nnney for the study would come from the Prison Facil- ities Budget. Noll objected to the scope of work and suggested that Richards' objective should be to "put a deal together", not create a brochure. THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI- M:XJSLY. XII. CITY MANAGER REPORTS: Garzini noted that he had distributed to Council a January 8, 1987, letter frcm Alaska Cargo Transport, Inc., requesting a terminal use permit for use of the SMIC dock and requesting that the City consider the construction of a new dock to accomnndate barge traffic. Chris Gates, Port Marketing Director, explained that Alaska Cargo Transport had been premised a rate of $1.50/ton by the Alaska Railroad for freight nnved across the ARR dock in 65 DOCKS & HARBORS: (Auth. to pro- ceed w/RFP for design/build of multi-use dock at SMIC) 66 PAGE 66 REGUIAR MEm'ING - JANUARY 12, 1987 VOUlME 22 Seward; however, to date, the Railroad had reneged on this promise. Alaska Cargo had indicated that without this favorable rate, it would be unable to continue to nnve freight through Seward. Gates recornrended that the Council agree to construct a low cost ($100,000) multi-user dock/terminal off the end of the arnnr rock .at Fourth of July. He stated that the dock v.Duld pay for itself in about 18 nnnths given Alaska Cargo's use alone. Paul Diener, Manager of Engineering and Utilities, suggested that, in order to expedite construction of the dock, he be allowed to go to 3 to 5 contracting firms for a design/build contract. He stated that he envisioned a sheetpile fronted dock which could be expanded if business warrants. In response to a question from Gieseler, Gates stated that he had initially thought that Alaska Cargo should construct the dock; however, Alaska Cargo stated that it VIOuld want control of the dock if it expended the nnney for construction. Gates stated that it was irrportant that the dock rerrain accessible to the public and that it be available to all potential users. He added that construction of the terminal was in the City's best interest whether or not Alaska Cargo con- tinued to call on Seward. In response to a question from Simutis, Garzini stated . that the nnney for construction would care frcm the Harbor Enterprise Fund. Garzini also explained that the dock would operate on a "first cane, first served" basis, thus eliminating the problems experienced with the shiplift. Hilton asked whether Nash Road could take the increased traffic which would care with increased use of the Port. Garzini stated that Nash Road was built to State highway standards and could manage the increased traffic. In response to a question frcm Gieseler, Gates stated that Alaska Cargo has begun negotiations with the local long- shorerren (ILWU) to provide stevedoring across the City dock. Council voiced no objection to Diener's reccmrendation to go ahead with an RFP for a design/build contract. XIII. CX>UNCIL DISCUSSION: DUNHAM stated that she had received nurrerous phone calls fran residents of Mile 20 during the recent power outage and asked when those living in that area could expect power when the City goes on generator. Diener explained that, wtJen the City goes on generator power, lines in that area are ted-direct- ly fran Chugach Electric when possible. However ,often the problem is in that area of the line and these reside:hts. do not receive power until the problem is found and corrected. HILroN asked for an explanation of the problems sorre . residents are experiencing in receiving TV Channel 9. Garzini I I I 67 PAGE 67 REGUIAR MEETING - JANUARY 12, 1987 VOUlME 22 stated that the wind in the area of the transmitter might cause sare of the problems. GIESELER instructed the Clerk to send a letter of thanks to Captain Callahan of the USS Alaska for the gift of the insignia. He also requested that the Council be provided a mid-year budget report from the administration prior to the next rreeting. XIV. CITIZENS' DISCUSSION: BRUCE SIEMINSKI, Jesse Lee & Benson, stated that the City should not invest any nnney across the Bay until we have a signed contract with an operator. He added that every boat ccming into the Port should have to use that dock if it is constructed. JOHN GlASSER, Woodland Hills Estates (Nash Road), stated that the level of service provided on Nash Road is not conmensurate with the anDunt of traffic it receives. He added that weather, large trucks, etc., have created sorre safety problems with the road. He suggested the need for guard rails in sare areas. Glasser also asked for a report on TV Channel 7 (WGN). Schaefermeyer stated that he would provide Glasser with a copy of the letter to WGN attorneys noted on the Consent Calendar. }N. COUNCIL AND ADMIN. RESPOOSE ro CITIZENS' CCM1ENTS: BOOHER stated that increased traffic on Nash Road would probably generate rrany hard feelings between the residents of that area and the City. DUNHAM stated that Nash Road v.Duld never have been paved if the City had not developed the Fourth of July Creek Area, adding that increased traffic was the price that had to be payed for upgrading of the road. GIESELER suggested that the administration write a letter to oor/PF concerning the upkeep of Nash Road. XVI. ADJOURNMENI': The rreeting was adjourned at 8: 50 p.m. ~ ' C!~ <~a e~ Harry Gieseler Mayor ,J. ,1.:.~'" ..)': .i,,'J" l.-h" (' . tl 't:....tI1 Cle rf :... " t ~1 · !(Cit8 ~al) \" ~,', !I . .. ~ r. t. .J' . "'~""!" 1 .;.;...... ; \\" ~ .~,)- " . ',,~ ". '~r.c:- .... '"" ~"':, ',,,,,4- ~ Of!"" .,\' . "<'*./J7rrtrtrl";f""~ 4>'- 68 PAGE 68 REGULAR MEETING - JANUARY 26, 1987 VOLUME 22 I. CALL ro ORDER: The January 26, 1987, regular rreeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: Councilrrerrber Booher led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Council.rrerIDers Booh- er, Dunham, Hilton, Noll and S:i.rrn.1tis (Council.rrerIDer Meehan was absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and City Clerk Murphy SPECIAL ITEMS: A. Gieseler introduced Junior Council.rrerIDer Becky Arends and presented her with a city pin. B. Gieseler read a proclarration designating Friday, January 30, 1987, "Dewey Anderson Appreciation Day" in honor of retiring Srrall Boat Harbor enployee Lawrence "Dewey" Anderson. IV. APPROVAL OF MINUTES: BOOHER ffiVEI) ro APPROVE THE SPECIAL AND REGUIAR MEm'ING MINUTES OF JANUARY 12, 1987; THE MarION WAS SE:C:nIDED BY SIMUTIS AND CARRIED UNANIM:>USLY. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: Booher requested that =nsent calendar item no. 4 (Mutual Aid Agreerrent between the city and Bear Creek Volunteer Fire DepartrrEnt) be nnved to the regular rreeting agenda under "New Business" [Item No. XI (D) ] . Gieseler requested the addition of a new item under "New Business" [Item No. XI (C) ] - Appointment of Planning Corrmissioners. He also requested that Bill Peters (Backhoe Corrpany) and Bill Zubeck (Zubeck, Inc.) be allowed to address the Council under Agenda Item No. XI (A). Hilton requested that consent calendar item no. 1 (a resolution agreeing to participate in the PERS Retirerrent Incentive Program) be nnved to the regular meeting agenda under "Resolutions" [Item No. IX(C) (1)]. I I I PAGE 69 RffiUIAR MEm'ING - JANUARY 26, 1987 VOLUME 22 Noll requested that consent calendar item no. 2 (attorney bill) be nnved to the regular rreeting agenda under "New Business" [Item No. XI (E) ] . SIMUTIS M:>VED ro APPROVE THE REGULAR MEm'ING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SECrnDED BY NOLL AND CARRIED UNANIMJUSLY. The following actions were taken: 1. M:wed to regular rreeting agenda; 2. M:wed to regular rreeting agenda; 69 3. January 15, 1987, Finance DepartrrEnt's list of FINANCE DEPT: (Accts. accounts payable totalling $888,484.86, was approved for paynent Payable) and filed; 4. M:wed to regular rreeting agenda; 5. Sharon Anderson was nominated to represent the city on the KPB Resource Develqxrent Council; 6. Cbjection to renewal of a beverage dispensary license as filed by Seward I s Folly was approved and the clerk was instructed to file a formal protest with the Alcoholic Beverage Control Board; ROC: ABCB: (Object to renew- al of Seward's Folly license) 7. ABCB notification of applications for renewal of ABCB: liquor licenses as filed by the New Seward Hotel Bar and Grill, Yukon Bar, Niko' s Night Club, Arrerican Legion and Dreamland Bowl were filed without objection; 8. Application for restaurant designation as filed ABCB: by Niko I s Night Club was approved and filed; 9. Applications for permits for ganes of chance and GAMES OF CHANCE & SKILL: skill as field by Seward Rebekah Lodge 6A, Marathon Horremak.ers, Wes-Gen Auxiliary and the Republican Party of Alaska-District 6 were filed without objection; 10. January 9, 1987, letter from Seward Fisheries RE- relative to repairs and rraintenance rrade to the City Dock as required by its preferential use agreerrent with the city was noted for information and filed; 11. January 18, 1987, trip report as filed by Corrp- troller Bob Peirson relative to a rreeting in Anchorage with elective and administrative personnel from Southcentral local goverrurents was noted for information and filed; 12. January 20, 1987, rrenorandum from Engineering and Utilities Manager Paul Diener relative to recent electrical outages was noted for information and filed; 70 PAGE 70 REGUIAR MEm'ING - JANUARY 26, 1987 VOUlME 22 13. January 20, 1987, rrenorandum from Fire Chief John Gage relative to Fire DepartrrEnt activities during October, Noverrber and Decerrber, 1986, was noted for information and filed; and 14. Midyear 1987 budget report as suJ::mitted by Corrptroller Bob Peirson was noted for information and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Jonathan Sewall gave a verbal report assembly meeting. Asserrbly Representative of the January 20, 1987, VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSloo: (With prior notice only) A. JOHN GLASSER, VbXlland Hills Estates, represent- ing the merchants doing business in the Old Solly's Building (between Fourth and Fifth on Washington Street), asked that Council consider restricting parking on Washington Street by prohibiting parking of carrpers/trailers exceeding 19 feet in length. He noted that a similar ban existed on Fourth Avenue. Glasser stated that he realized that the ban of Fourth Avenue was initiated for public safety reasons, but added that the city should begin to look at the parking "problems" in the downtown area. Glasser stated that carrper parking on Washington street severely irrpacted business in the Solly's Building because it blocked visibility of the businesses from Fourth Avenue. Glasser was asked by the Council to take the parking issue up with the Charrber of Cormerce, the Planning Corrmission and the city administration before coming back to the Council with a plan to alleviate parking problems in the downtown area. IX. ORDINANCES AND RESOLUTlooS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enact.Jrent: TRAFFIC: (Parking) ORD: 1. public, Gieseler entitled: Copies having been nade available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTloo 14-72 OF THE CITY CODE RELATIVE ro PARKING. I I I 71 PAGE 71 REGUIAR MEm'ING - JANUARY 26, 1987 VOLUME 22 Notice of public hearing as posted and published by law was noted and the public hearing was opened. BOB VALDATTA, Seward, appeared before Council and spoke in favor of the Council addressing the downtown parking needs. Gieseler explained to Valdatta that the ordinance in question provided regulations prohibiting blocking traffic in public parking lots and did not pertain to downtown parking. No one else appeared in order to be heard and the public hearing was closed. SIMUTIS M:>VED ro ENACl' ORDINANCE NO. 585; THE MJI'ION WAS SECONDED BY HILTOO AND CARRIED t.JNANIIDUSLY. C. Resolutions: 1. public, Gieseler entitled: Copies having been rrade available to the PERSONNEL/RESO: (RIP) noted by title only a proposed resolution A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SEWARD, ALASKA, RESCINDING RESOLU- TION NO. 86-86 AND AGREEING 'ill PARTICIPATE IN THE PERS REI'IREMENT INCENTIVE POOGRAM (RIP), CHAPTER 26, SlA 1986, AND AUTHORIZING THE CITY OF SEWARD ro ENTER IN'ro AN AGREE- MENT WITH THE ADMINISTRAroR OF 'IRE PUBLIC EMPLOYEES REI'IREMENI' SYSTEM (PERS) ro FUND THE COST OF PARTICIPATION IN THE RIP. SIMUTIS MOIlED 'ill APPROVE RESOLUTloo NO. 87-004; THE IDI'ION WAS SECONDED BY HILroN. Hilton stated that he had requested that this resolu- tion be nnved to the regular agenda in order to discuss the potential cost to the city of the retirerrent incentive program. He stated that Resolution No. 86-86 did not rrention any dollar annunts and the $175,000 noted in the resolution before Council seemed high. Corrptroller Bob Peirson stated that $175,000 was the maximum total cost to the city should all eligible enployees participate in early retirerrent. He further noted that the cost to the city would be paid out over a 3-year period. In response to a question from Boorer, Garzini stated that there were only 6 city enployees who were eligible to participate. He also noted that any early retirerrents would result in a cost savings to the city, adding that a condition of participation in the program was that the city realize a cost savings sufficient to fund each eligible enployee's participation in early retirerrent. THE QUESTION WAS CALLED AND THE IDI'ION PASSED UNANI- MJUSLY. x. UNFINISHED BUSINESS: 72 PRISON/mN-..fQl : (Award of water utility contract) PAGE 72 REGUIAR MEETING - JANUARY 26, 1987 VOUlME 22 None XI. NEW BUSINESS: A. SIMUTIS MJVED ro AWARD '!HE PRIsm WATER UTILITY crnTRACT ro ZUBECK, INC.; THE IDI'ION WAS SE:C:nIDED BY BOOHER. Garzini noted that one of the bidders, Backhoe Services, was protesting award of the contract to Zubeck, Inc. He recorrrrended that the Council first receive an overview of the project and bid process from Jerry Watkins of DepartrrEnt of Transportation (oar) and then accept testinnny from representa- tives of Backhoe and Zubeck. JERRY WATKINS, representing oar, explained that seven bids had been received frcm four bidders in response to the city's RFP for design/build of the Spring Creek Correctional Center water utility. (Three bidders had submitted two bids each. ) Determination of the successful bidder had been based 50% on price and 50% on desirability of design. Watkins stated that the review team had rated Zubeck's Bid No. 2 as the suc- cessful bid with Zubeck's Bid No. 1 as the second croice, fol- lowed by Backhoe Services' bid. Watkins noted that Zubeck' s Bid No. 2 had incorporated a gravity feed water system which v.Duld result in much lower operating and rraintenance costs over the life of the utility. RICK BUTl."rn and BILL PETERS, representing Backhoe Services, protested the award of the contract to Zubeck, Inc. Button contended that, while the elevated tank design submitted by Zubeck rray represent a superior design, the bid docurrents had precluded placerrent of a tank in the area to be utilized by the Zubeck design and that the bid docurrents had strongly indicated a preference for a pump design. Button and Peters recornrended that the city rebid the project, limiting the bidding to the four original responsive bidders and giving 7-14 days to re- spond. Peters stated that a two-week delay in this project v.Duld not delay opening of the prison. BILL ZUBECK, representing Zubeck, Inc., stated that he had called oar and asked if the water tank could be noved from the specified tank farm area in order to acccmrodate a gravity- fed system. He had been told that this was acceptable and so had submitted two bids - one incorporating a pl.lIYp system and one incorporating gravity-feed. He stated that he would answer any questions the Council might have. In response to a question from Council, Diener stated that three bidders had called to ask about nnving outside the specified tank farm area; two had been given affirmative answers (Zubeck and SWalling) and a third had been advised that his idea to nove the tanks to a site near the rock quarry v.Duld be unacceptable. Watkins explained that this information had not been passed on to all bidders because the bid documents had I I I PAGE 73 REGULAR MEETING - JANUARY 26, 1987 VOliJI'lE 22 specifically stated that inquiries from bidders would be treated as confidential information. RECESS: The rreeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m. THE QUESTION WAS CALLED AND THE MJI'ION ro AWARD THE COOTRACI' ro ZUBECK, INC., WAS APPROVED UNANIMXJSLY. B. JOHN OLSOO, representing ror, noted that the proposed revised prison project budget had been included in the Council packet. He briefly outlined changes which had been rrade. There being no objection from Council, the revised budget was approved as presented. C. HILTON M:>VED ro REAPPOINT CHET THORNE AND MARGA- REI' BRANSoo ro THE VACJ>Nr THREE-YEAR TERMS ON THE SEWARD ADVISO- RY PLANNING AND ZONING COw-rrSSION; THE IDI'ION WAS SECONDED BY BOOHER AND CARRIED UNANIMXJSLY. D. BOOHER ffiVEI) ro APPROVE THE MUTUAL AID AGREEMENT BEIWEEN THE CITY AND THE BEAR CREEK VOLUNTEER FIRE DEPARI'MENT AS PRESENTED; THE MJI'Ioo WAS SECONDED BY HILTON. Booher noted that he had requested that this item be nnved to the regular rreeting agenda. He stated that the agree- ment should be approved by the Bear Creek Volunteer Fire Depart- ment board before being presented to Council. Schaeferneyer noted that the only change to the existing agreerrent which was being proposed by the City was a clause which would rrake the agreerrent perpetual unless one side or the other sought to end or arrend it. The administration asked that Council approve both this and the original version of the agreerrent so that the agreerrent =uld be finalized and put into effect without coming back to Council after BCVFD has selected its preferred version. BOOHER M:>VED TO POSTPONE ACTION ON THE AGREEMENT UNTIL THE FEBRUARY 9, 1987, MEETING; THE IDI'Ioo WAS SECONDED BY SIMOTIS AND CARRIED UNANIM:>USLY. E. BOOHER M:>VED ro APPROVE PAYMENT OF THE NOVEMBER 1986 INVOICE FR(M HUGHES, THORSNESS, GANTZ, PCWELL & BRUNDIN, FOR LEGAL SERVICES 'roTALLING $38,483.74; THE IDI'ION WAS SECONDED BY HILTON. Noll stated that he had asked that this item be nnved to the regular rreeting agenda. He noted that he had been unable to find anyone who had asked the attorneys to provide "contin- gency planning" and added that the city should withhold payrrent on the invoice until an explanation has been provided. Garzini noted that two years ago he had attenpted to establish a system whereby anyone within the city requesting assistance from the attorneys would be required to coordinate this request through the Clerk's Office. Likewise, the attorneys would have been 73 PRISON: (Budget) P&Z: (Re-appoint Thorne & Branson) FIRE DEPT: (Action on mutual aid postponed) C.ATTY: (Payment of in- voice withheld) 74 PAGE 74 REGUIAR MEm'ING - JANUARY 26, 1987 VOUlME 22 required to get an authorization murber from the Clerk before embarking on any research project or any new work for the City. Garzini stated that the attorney's office had never adhered to the plan, adding that since the attorney works for the Council and not the rranager, the Council must be responsible for devel- oping a plan to track and contain legal fees. Dunham stated that she had long felt that the city needs a local attorney to serve its needs. SIMlJI'IS ffiVEI) ro AMEND THE ORIGINAL MJI'Irn 'ID EXCLUDE PAYMENI' OF THE $765.40 "crnI'INGENCY PLANNING"; THE MJI'ION WAS SECONDED BY HIL'roN. Simutis noted that nnst charges on the invoice were legitirrate and that the city should not deny payrrent of the entire bill because of a dispute over a portion of it. Hilton concurred. THE QUESTlrn WAS CALLED AND THE AMENDMENT FAILED WITH FOUR "NO" VOI'ES AND HIL'roN AND SIMUTIS varING "YES". THE QUESTlrn WAS CALLED ON THE MAIN MJI'ION AND THE MJI'Irn FAILED WITH FOUR "NO" VOI'ES AND HILTOO AND SIMUTIS varING "YES". The Clerk was instructed to write a letter to Arvidson requesting a rreeting with the Council to discuss attorney fees and explaining that payment on the invoice would be withheld until this rratter was settled. XII. CITY MANAGER REPORTS: None XIII. COUNCIL DISCUSSION: NOLL asked if the city had given the $1,000 courtesy payment to Davenport which had been discussed at the last rreeting. Garzini stated that this had not been given and that he had written to Davenport concerning his invoice. SIMUTIS asked for a status report on the cradles and rails bid. Diener stated that the proposals for Phase I (trans- fer platform) have been received and are being reviewed. Phase II (civil work) v.Duld be advertised later in the week. Simutis also asked about the pre-bid =nference on the barge dock. Diener stated that, despite the bad weather, the turnout had been a good one. HILroN asked about the status of funding for the cradles and rails. Garzini stated that the city has a grant agreerrent for a portion of the appropriation and that the administration is proceeding as if full funding is available. GIESELER noted that the city v.Duld honor Gerald Hiley, Departrrent of Education, at AVTEC on Tuesday. He also reminded I I I 75 PAGE 75 REGUIAR MEETING - JANUARY 26, 1987 VOIDME 22 everyone that the Planning Ccmnission v.Duld be conducting a public hearing on boat harbor parking on Wednesday, February 4, 1987, at 7: 30 p.m. He encouraged all interested people to attend. XIV. CITIZENS' DISCUSSION: None }w. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCMlJENTS: None XVI. ADJOURNMENT: The meeting was adjourned at 9: 35 p.m. ~c~ Har . Gieseler Mayor . ' > " : C ,"', 't. j' t, .....:~:~,:; J ~~~. ..' ~" ._;' ......~>,Jo/...,..,. ..,.:.:~.' \-;...~ /li1 '~,"1.;'<, _ ~ . -, i'<,A" - ;"'~>;~;?~~~ :~~rfC';' PAGE 75 SPECIAL MEm'ING - FEBRUARY 9, 1987 VOUlME 22 I. CALL ro ORDER: The February 9, 1987, special meeting of the Seward City Council was called to order at 6:10 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: the flag. Councilrrember Hilton led the pledge of allegiance to III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers B0o- her, Dunham, Hilton and Simutis (Councilrrembers Meehan and Noll were absent with Council consent) 76 PAGE 76 SPECIAL MEETING - FEBRUARY 9, 1987 VOUlME 22 Present also: City Manager Garzini, Deputy City Mana- ger Schaefenreyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF SPECIAL MEm'ING AGENDA HILTON ffiVEI) ro APPROVE THE SPECIAL MEETING AGENDA AS PRESENTED; THE MJI'ION WAS SECOOOED BY BCXlHER AND CARRIED UNANI- MOUSLY. V. SPECIAL ITEM: A. BOOHER MJVED ro MEET IN EXECUTIVE SESSloo IMMEDI- ATELY FOLI..aVING THE CLOSE OF REGUIAR BUSINESS IN ORDER ro DISCUSS A PERSONNEL W-TTER AND W-TTERS UNDER LITIGATION; THE MJI'ION WAS SECOOOED BY SIMUI'IS AND CARRIED UNANIM:XJSLY. VI. CITIZENS' DISCUSSION: None VII. COUNCIL AND ADMIN. RESPOOSE ro CITIZENS' C<M1ENTS: None VIII. ADJOURNMENT: The rreeting was adjourned at 6: 12 p.m.; the Council irrmediatel y reconvened in Executive Session to discuss a person- nel rratter and rratters under litigation. ~c: ~"-~f.. /Har Gieseler . May I I I 77 PAGE 77 REGUIAR MEETING - FEBRUARY 9, 1987 VOUlME 22 I. CALL ro ORDER: The February 9, City Council was called to Gieseler. 1987, regular rreeting of the Seward order at 7:32 p.m. by Mayor Harry E. II. OPENING CEREMJNY: Councilmernber Simutis led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilmernbers B0o- her, Dunham, Hilton and Simutis (Councilmernbers Meehan and Noll were absent with Council consent Present also: Deputy City Manager Schaefenneyer, City Attorney Arvidson and City Clerk Murphy SPECIAL ITEMS: A. Gieseler introduced Junior Councilrrember Todd Glasser and presented him with a City pin. B. Gieseler welcorred City Financial Advisor Don GrinEs to the rreeting. IV. APPROVAL OF MINUTES: BOOHER MJVED ro APPROVE THE JANUARY 26, 1987, MINUTES AS PRESENTED; THE MJI'ION HAS SECOOOED BY SIMUTIS AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: Gieseler noted the following additions to the regular rreeting agenda: IX(C) (1) -- Proposed Resolution No. 87-006, anending the Ccmrn.mity Developrent Budget; XI (D) -- Funding for community brochures XI (E) -- Assignrrent of lease from Pace to Mindenbergs (M:>ved frcm Consent Calendar Item No.4) Gieseler also requested that the Consent Calendar be anended by adding a new Item No. 11 -- Payment of the Noverrber 1986 HTGP&B invoice for legal services. BOOHER ffiVEI) ro APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MOrION WAS SEXXJNDED BY 78 PUBLIC SAFETY/RESO: (Recriminaliza=-- tion of Mari- juana) OTS: SMIC/CON- z.l 2.-: ABCB: ABCB: PERMITS~: (Games of Chance and Skill ) STREETS & ROADS: PRISON/CON-~: PROCLAMATIONS: PAGE 78 REGULAR MEETING - FEBRUARY 9, 1987 VOUlME 22 SIMUTIS AND CARRIED UNANIMCVSLY. The following actions were taken: 1. Resolution No. 87-005, urging the Alaska Legisla- ture to repeal laws allowing the personal possession and use of rrarijuana, was approved and filed; 2. February 4, 1987, rrenorandum from Administrative Assistant Martin requesting approval in concept to purchase Lots 23-24, Block 16, Original Townsite of Seward, from Jon Andrews for future public safety building or fire hall expansion was approved and filed; 3. February 4, 1987, rrenorandum from Administrative Assistant Martin requesting authorization to engage the profes- sional services of Appraisal "Corrpany of Alaska to conduct an appraisal of city property located in the Fourth of July valley for a fee not to exceed $7,500 was approved and filed; 4. ffiVEI) ro RffiUIAR MEm'ING AGENDA; 5. ABCB applications for restaurant designation as filed by the Apollo Restaurant and the Fairweather Cafe were approved and filed; 6. ABCB notification of applications for renewal of liquor licenses as filed by the Apollo Restaurant, Fairweather Cafe, Harbor Dinner Club, Pioneer Bar, Tony's Bar and Tony's Liquor Store, was filed without objection; 7. Applications for permits for ganes of chance and skill as filed by Seward Chamber of Comrerce, Seward Band & Choir Boosters, and Sacred Heart Parish, were filed without objection; 8. January 27, 1987, rrenorandum from Administrative Assistant Martin requesting approval of the city's beocming signatory to the Exit Glacier Road Mennrandum of Understanding was approved and filed; 9. February 5, 1987, rrenorandum from ENgineering & Utilities Manager E. Paul Diener requesting authorization for the DOT project rranager to proceed with processing the DOC request for changes for a not-to-exceed cost of $75,000 and authorization to fund the changes from the construction contin- gency account was approved and filed; " 10. Proclarrations as followed were noted for informa- tion and filed: February 16, 1987, was proclaillEd Job Services PMare- ness Day, and February 8 - 14, 1987, was proclaillEd Vocational Education Week; and I I I PAGE 79 REGUIAR MEETING - FEBRUARY 9, 1987 VOUlME 22 11. Novenber 1986 and filed. HTGP&B invoice for legal services rendered in and totalling $38,483.74 was approved for payment 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) 79 C. ATTY: A. C. Keith Campbell, Administrator of Seward SGH: (Insurance) General Hospital, (residence - Forget-Me-Not Circle) reviewed the current status of hospital rralpractice insurance. Campbell stated that approxirrately 10 years ago, the state set up an agency (MICA) to assure the availability of rralpractice insur- ance for doctors and hospitals operating within the state. In the last 2 years, premiums for this insurance have doubled, with SGH's premium increasing from $23,000 in 1985 to $50,000+ this calendar year. Along with the premium notice for this year's policy, hospitals were advised that they must guarantee that each physician practicing in the hospital also carried malprac- tice insurance. Unfortunately, insurance for physicians in- creased 32% in 1986 and 50% this year, and the local physicians can no longer afford to carry the insurance. Hospitals have been given until February 28 to either pay an extra premium for allowing uninsured physicians to practice in the hospital or to prove that all practicing physicians have malpractice insurance coverage. Carrpbell stated that the rredical community is hoping to see sorrething from the Legislature within the next few weeks in the form of insurance or tort reform which would, he hoped, alleviate the problem now facing the physicians and the hospi- tal. Carrpbell assured the Council that SGH would do its best to provide the needed insurance and to protect the public. Carrpbell also noted that Anchorage is bidding for the 1994 Winter Olynpics. He suggested that the city rrarshall its forces with the travel industry in an effort to encourage cruise ships to dock in Resurrection Bay and serve as hotels during the 01 ynpics. He noted that the Alaska Railroad could provide daily train service between Seward and Alyeska. IX. ORDINANCES AND RESOWTlooS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: 80 BUDGET/RESO: (Com. Dev. Dpt.) PAGE 80 REGUIAR MEm'ING - FEBRUARY 9, 1987 VOLUME 22 None C. Resolutions: 1. Copies having been rrade available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTI<:N OF THE CITY COUNCIL OF THE CITY OF SEWARD, APPROPRIATING AND TRANSFERRING FUNDS FRCM THE GENERAL FUND-FUND BA.I.ANCE ro THE CCMMUNITY DEVELOPMENT BUDGET. HIL'lrn ffiVEI) ro APPROVE RESOWTloo NO. 87-006; THE MJI'ION WAS SECOOOED BY SIMUTIS AND CARRIED UNANIIDUSLY. X. UNFINISHED BUSINESS: FIRE DEPT/CON-~: A. Gieseler noted that a notion to approve the (Mutual Aid M.ltual Aid Agreerrent between the city and the Bear Creek Volun- Agrmt - BCVFD) teer Fire DepartrrEnt was already on the floor. PARKS & REC: (Youth Servo Center) SBH/CON-..zLL: (Contract docu. for restoration) PRISON/CON-~: (Prison Indus- tries) Schaeferrreyer stated that the city administration had rret with the BCVFD Board twice since the last rreeting and had received assurances that the agreerrent would be approved by the Board at its February 10 rreeting. He recornrended that the Council approve the agreerrent as presented. THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI- MJUSLY. XI. NEW BUSINESS: A. B<X>HER ffiVEI) ro DIREx:T THE ADMINISTRATION ro SCHEDULE THE NECESSARY PUBLIC HEARINGS ro INVITE CITIZEN INPUT 00 THE YourH SERVICES CENTER CONCEPT INCLUDING THE DISPOSAL AND A~UISITION OF CERI'AIN REAL PROPERTY; THE MCYI'ION HAS SE:C:nIDED .BY SIMlJI'IS AND CARRIED UNANIIDUSLY. (Schaeferrreyer noted the February 5, 1987, rrenorandun from Parks & Recreation DepartrrEnt Director Judi Andrijanoff explaining the grant process the specifics of the proposed property purchase and transfer.) B. SIMUTIS M:>VED 'ro AUTHORIZE '!HE CITY MANAGER ro AWARD A COOTRACI' ro PERATROVICH, NC1IT:nG1AM & DRAGE, INC., IN AN AMJUNT Nor ro EXCEED $9,000, WITH A COOTINGENCY OF $900, FOR THE PREPARATION OF CONTRACT lJIXUMENTS FOR RESroRATION OF THE SEWARD SMALL BOAT HARBOR (DSR 3461); THE MJI'ION WAS SEXXJNDED BY HILTON AND CARRIED UNANIIDUSLY. C. HIL'roN IDVED ro APPROVE THE ADMINISTRATION'S PROPOSAL ro AMEND THE PROFESSIONAL SERVICES AGREEMENI' WITH BOB RICHARDS FOR PRISON INDUSTRIES MARKETING; THE MJI'ION WAS SECOND- ED BY SIMUTIS. I I I PAGE 81 REGUIAR MEETING - FEBRUARY 9, 1987 VOLUME 22 SchaefeI:'ITeyer noted that Richardson had completed Phase I of the rrarketing project for about one-half the anDunt budgeted for that phase. The administration was now asking Council approval to anend his agreerrent to include actual rrarketing of the prison industries program. Gieseler stated that Richards had put together an irrpressive brochure under Phase I. Dunham stated that Richards had addressed the Prison Industries Board in Anchorage on Thursday and had been well received. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- M:>USLY. D. HILroN MJVED TO APPROVE AN APPROPRIATloo FRCM THE GENERAL FUND-FUND BALANCE IN THE AM:XJNT OF $2,000 TO COVER ADDITIONAL COST OF PROOUCING THE MULTI -PAGE COMMUNITY BROCHURE IN COLOR AND $5,000 ro PRODUCE A SINGLE-SHEET, FOLDED, COLOR TOURISM PRCMJI'IONAL BROCHURE; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:XJSLY. E. BOOOER ffiVEI) ro APPROVE THE RE-ASSIGNMENT OF LEASE INTEREST IN LOI'S 3, 4, & 8, BLCCK 1, MARINA SUBDIVISION, FROM RUSS PACE ro JURIS MINDENBERGS; THE MJI'ION WAS SECONDED BY SIMlJTIS. SchaefeI:'ITeyer stated that the assignrrent to Minden- bergs of the lease would facilitate the City's efforts to obtain nonies owed for delinquent utility bills. He noted that the ci ty and the borough have protested the renewal of the Seward's Folly liquor license until such tinE as the utility bill and past due sales taxes are paid. In addition, the city has offered Mindenhergs the option of paying the delinquent utility bills over the next few nonths; however, Mindenbergs is disput- ing having to pay the previous owner's bills. SchaefeI:'ITeyer stated that the city v.Duld not release its objections to renewal of the liquor license until the back bills are paid. In re- sponse to a question frcm Simutis, Administrative Assistant Kerry Martin, stated that Mindenhergs would assurre the obliga- tions in the lease agreerrent to corrplete developrent of the vacant lot by Septerrber 1987. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- M:>USLY. XII. CITY MANAGER REPaID'S: SchaefeI:'ITeyer presented a status report on ~-'IV Channel 7. He stated that the city has negotiated an agreerrent with United Video to rebroadcast the WGN signal in Seward. He added that the city had installed the necessary decoder on Friday but had later found that a couple of additional small parts were needed to bring the system up to full operation. He stated that he hoped to have Channel 7 back on the air later in the week. 81 COMMUNITY DEV.: (Fundlng for Brochures) MARINA SUB/RE- (Assignment from Pace to Minden- bergs) 82 PAGE 82 REGUIAR MEETING - FEBRUARY 9, 1987 VOUlME 22 XIII. COUNCIL DISCUSSION: BOOHER stated that it was good to see sorre Polish ships docked in the harbor once again. GIESELER stated that Major General Corns had been in Seward over the weekend and had expressed his pleasure with the reception the conmuni ty had given the anny during the recent Brimfrost exercises. Corns indicated to Gieseler that the AI:rrry plans to rrake upgrade of the Rec Camp a high priority this year. GIESELER thanked Todd Glasser and Don GrinEs for attending the rreeting. XIV. CITIZENS' DISCUSSION: BOB VAIDATTA, 528 Fifth Avenue, stated that the city needs to designate a roadway to the shiplift and keep it rrain- tained. JOHN GlASSER, Mile 2, Nash Road, speaking on behalf of the Chamber of Cc:mnerce, stated that he had sent a letter to Senator Szymanski and Representative Cato indicating that the Charrber's number one priority for the city's Capital Improve- rrents Plan is the new Ballaine Avenue dock. He read for the Council Szymanski's response to his letter. Glasser also stated that he had sent a letter to the Alaska Railroad Corporation asking that the railroad consider providing a shelter at the end of the track for passengers embarking or disembarking frcm the shuttle/passenger trains. He read the railroad's reply to his letter. Finally, Glasser stated that the city should develop a transient rrerchants license. Garzini instructed Administrative Assistant Kerry Martin to work with Glasser on this proposal. WALTER CHRISroLEAR, Apartrrent No.6, Brown & Hawkins Apartrrents, asked if the sales tax was used to pay for operation of the "light plant"; Schaeferrreyer stated that it was not. In response to his questions concerning the tourism brochures, Martin stated that the city v.uuld receive 20,000 brochures for $5,000. Christolear also asked about the status of the Galley (located in the Small Boat Harbor); Schaeferrreyer stated that this property was tied up in estate litigation. Finally, Christolear stated that it was great to have WGN-'IV back on the air. He asked which channel was supported by the $4.00 tele- vision fee charged to electric customers. Schaeferrreyer stated that this covered rraintenance and upkeep of Channels 3, 7 and 9. xv. COUNCIL AND AI>>'IIN. RESPONSE ro CITIZENS' a:M1ENTS: BOOHER asked about the status of cable television. Dunham stated that the cable station was still planning to care to Seward. I I I 83 PAGE 83 REGUIAR MEEI'ING - FEBRUARY 9, 1987 VOllJME 22 GIESELER asked about the status of the SMIC road. Utilities Manager Paul Diener stated that the "road" in question was not a dedicated roadway, but an undeveloped piece of land between the end of Nash Road and the shiplift dock. He stated that until the city was in a position to provide drainage and put in a road, it would be irrpossible to adequately rraintain it. Garzini enphasized that this is not a public right-of-way and the city does not wish to encourage public access to the ship- lift. He added that the city would continue to provide adequate senrice for those who must use this area as access. XVI. ADJCXJRNMENT: The rreeting was adjourned at 8:42 p.m. ,~~~ Mayo ., ;'" e ^ :, "';'f~,"', "?JI"'> "(' 'i :. "'" '." JI., " c..'\'" ,",' <_?-.:.. C;';' ';,\.~~' "---c'?'.?n.v.7.7.v:Ml); ---------------------------------------------------------------- PAGE 83 REGUIAR MEETING - FEBRUARY 23, 1987 VOUlME 22 I. CALL ro ORDER: The February 23, 1987, 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 Sinutis led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers B0o- her, Dunham, Hilton, ~ehan, Noll and Sirm.1tis Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and City Clerk Murphy 84 PARKS & REC/RESO: (Iditarod Nat. Hist. Trail) AIRPORr/RESO: (In sup- port of non-direc- tional beacon) ABCB: ABCB: PAGE 84 REGUIAR MEETING - FEBRUARY 23, 1987 VOUlME 22 SPECIAL ITEM: A. Gieseler introduced Junior Councilrrember Robin Alspaugh and presented her with a city pin. IV. APPROVAL OF MINUTES: BOOHER MJVED ro APPROVE THE FEBRUARY 9, 1987, SPECIAL AND REGUIAR MEm'ING MINUTES AS WRITTEN; THE IDI'ION WAS SECONDED BY SIMlJI'IS AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: Gieseler requested the addition of a new Item No. 6 to the Consent Calendar - Approval of a Mcnnrandum of Agreerrent between the city and the Federal Bureau of Land Managerrent regarding the Iditarod National Historic Trail. He also indi- cated that he would be reading into the record a letter from Louie March under New Business, Item A. MEEHAN r-DVED ro APPROVE THE REGUIAR MEETING AGENDA AS PRESENTED AND THE CONSENT CALENDAR AS AMENDED; THE MJI'Ioo WAS SE:C:nIDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions were taken: 1. Resolution No. 87-007, officially designating the route of the Idi tarod National Historic Trail through the city of Seward, was approved and filed; 2. Resolution No. 87-008, supporting the construc- tion by the Alaska oar /PF of a non-directional beacon at the Seward Airport, was approved and filed; 3. ABCB notification of application for restaurant designation as filed by the Mini Mall was approved and filed ; 4. ABCB notification of applications for license renewals as filed by the Mini Mall and Yukon Store was filed without objection; liquor Liquor GAMES OF CHANCE & SKILL: 5. Application for permit for ganes of chance and skill as filed by Mt. Marathon Native Association was filed without objection; and PARKS & REC:I (Iditarod National Historic Trail) 6. Draft Mcnnrandum of Agreerrent between the city and the Federal Bureau of Land Managerrent regarding the Iditarod National Historic Trail was approved and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Jonathan Sewall Assembly. Peninsula Borough Assembly Representative reported on the February rreetings of the Borough I I I PAGE 85 REGUIAR MEETING - FEBRUARY 23, 1987 VOUlME 22 VII. PUBLIC HEARINGS: A. Notice of public hearing as posted and published by law was noted and the public hearing regarding the concept for developrent of a youth services center on the site of the Pentecostal Church building (Third and Adams Streets), including the acquisition of the subject property and the disposition of two ci ty-owned parcels to the Pentecostal Church, was noted and the public hearing was opened. Prior to accepting public cornrent, Mayor Gieseler read into the record a letter from Fred Brewster, Pastor of the Pentecostal Church, regarding the Wxxj- lawn Cerretery. The letter read as follows: This is a letter to state our intentions concern- ing the possible acquisition of Wxxilawn Cerretery and adjacent property. We have researched the plat rrap and located a list of nanes and gravesites. We enpathize with the concerns of local citizens regarding the cerretery; therefore we intend to clean up the site and rraintain the area with due respect for its historical and eternal significance. CARL NORMAN, 220 Fifth Avenue, stated that the city should consider using the grant nnnies to construct a new facility on city-owned property and suggested the site adjacent to the Fire Hall as a possible site. He added that, if the Teens should outgrow the new facility, it could be used for Fire Depart:nent expansion and another new site could then be sought for the youth center. BRUCE SIEMINSKI, Jesse Lee Heights Subdivision, asked if Parks and Recreation Depart:nent Director Andrijanoff and City Utilities Manager Paul Diener were qualified to assess the suitability of the church building as a youth services center. Schaeferrreyer stated that Andrijanoff had administered Teen Center activities in Seward for nearly five years and had assessed the building with an eye to how well it would fit the needs of the proposed youth program. Diener, administrator of the city's building inspection departrrEnt, had given his professional opinion concerning the building's structure and any existing oode violations. Schaeferrreyer added that each of these individuals was eminently qualified to make these deter- minations. CHARLES COLLIER, 1615 Bayview Place, representing the Seward Schools Parent Advisory Committee (PAC), stated that the proposed youth services center had the unaninnus support of the local PAC. JOHN GlASSER, Woodland Hills Estates, stated that he favored the proposal as presented by the administration. He noted that anyone who had visited the present Teen Center facility v.Duld realize that it is unsafe and undesirable and 85 PUBLIC HEARINGS/TEEN CENTER: 86 PAGE 86 REGUIAR MEETING - FEBRUARY 23, 1987 VOlllME 22 v.Duld readily recognize the need for a new site. He added that the proposed site affords nnre than an adequate anDunt of space, is situated in a nnre desirable location and is being offered to the city at a reasonable price. He urged the Council to proceed with the grant application process. DAWN GRINROD, Bayview Manor ApartrrEnts, stated that she is currently a rrember of the Teen Center. She noted that the current Teen Center facility is located near the downtown bars and is sorretinEs inadvertently visited by bar patrons who "wander in" when they hear the music. The Teen Center is also directly adjacent to the Ferry Dock and near designated carrping areas, rraking parking difficult to find in the sumrer nnnths when the Teen Center is nnst active and increasing the danger to teens from increased traffic and the presence of an increased transient population. Grinrod stated that acquisition of the proposed new facility would eliminate these problems and allow the teens to expand their programs. CHRIS MASON, Lancelot Drive, Canelot, stated that he has attended the Teen Center for five years and served as its president last year. He noted that the proposed new facility WJuld allow the teens to expand their fund raising efforts, adding that they hope to double last year's incorre if the new facility is acquired. In response to a question frcm Noll, Mason stated that the teens would be willing to help with rraintenance of the new facility, adding that with a new facili- ty, they "would want to take care of it". GARZINI stated that the only objection he had heard to the proposal to develop the youth services center in the pro- posed location oentered around the process which the city had followed in locating a potential site for the center, not the need for the center itself. He noted that he had had many of the sane reservations when Schaefenreyer and Andrijanoff had first approached him with this proposal; however, the project was too irrportant not to pursue. SCHAEFERMEYER reviewed the history of the administra- tion' s proposal. He stated that developrrent of a new teen center or youth services center had been included in the city's capital improverrents projects list for a number of years and it had been the intention of the city to apply for grant funds for the developrrent of a new site whenever such funds were rrade available. Last year's funding process had been delayed while new regulations for cormnmi ty deve10prrent block grants were being developed. In preparation for application for a grant, Andrijanoff and Administrative Assistant Martin had inventoried all available city-owned property in hopes of finding a suitable site for a youth center, to no avail. In January, the new grant regulations were received and it was discovered that the state now requires that any new construction utilizing block grant monies be carpleted under Davis Bacon wage scales. In addition, individual grants have been reduced to $225,000. Schaefenreyer I I I 87 PAGE 87 REGUIAR MEEI'ING - FEBRUARY 23, 1987 VOLUME 22 stated that it would be impossible to construct a new facility which was adequate to neet the needs of the youth of the area under the new grant guidelines for $225,000. Schaeferrreyer stated that the city had been approached by Red Carpet Realty with a proposition regarding a site for the Senior Center and Musewn. After reviewing this proposal he had detennined that, while the site was not suitable for this purpose, it would nake a rrore than adequate youth center. Therefore, at his request, the building was inspected by Andri- janoff and Diener who reported that the city could ma.ke all code inproverrents necessary for $25,000, and they recorrnended that the city pursue purchase of the site for a new youth center. At this point, Andrijanoff and Martin put together an offer which was presented to the Pentecostal Church. A counter proposal was ma.de by the church and this offer was presented to Garzini for his recorrnendation. Garzini had then presented the proposal to the Council at the February 9, 1987, rreeting for authorization to pursue a conmmity develotxrent block grant. Schaeferrreyer stressed that the entire proposal was contingent upon the city receiving and accepting a grant for not less than $225,000. In response to a question from Booher, Schaeferrreyer stated that the grant application had to include a specific project and site location. Gieseler noted that he had received a letter from Joanne Hoogland expressing her concerns about the project. He stated that he had talked to her personally and corrected sone of her misconceptions regarding the project. He also noted a letter from Donna Kowalski of DLK Investrrents objecting to how the city had gone about selecting a site for the youth center. Ms. Kowalski had suggested that the city "go out for public bid" prior to naking a decision. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and EnactIrent: None C. Resolutions: 88 GRANTS/TEEN CENTER/ RESO: (Authorizing CDBC Application) PAGE 88 REGUIAR MEEI'ING - FEBRUARY 23, 1987 VOLUME 22 1. public, Gieseler entitled: Copies having been ma.de available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, AUTHORIZING THE FILING OF A COMMUNITY DEVEIDPMENT BLOCK GRANT APPLICA- TION. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-009; THE MJI'ION WAS SECONDED BY HILTON. In response to a question from Booher, Schaeferrreyer stated that the house located adjacent to the church building would either be rerroved or derrolished along with the garage. Garzini stated that the city may go out to bid for the rerroval of the structures so that offstreet parking and outside activity roan could be provided. DUNHAM stated that she would be abstaining from voting on this issue since she was a partner in DLK investrrents and therefore had a financial interest in the city's decision. However, she stated that she was still upset that the oldest building in the corrmmi ty had been rerroved from the spot where the church building now stands and allowed by the city to be destroyed so that the Pentecostal Church could be built. She also objected to selecting a site without going through estab- lished procedures. She noted, however, that she would probably not vote against the resolutions before the Council since the city was probably getting the best deal possible. MEEHAN stated that he agreed with serre of what Dunham had said and added that he hoped the building adjacent to the church could be saved. He noted that the Teen Center had been an item of discussion ever since he was first elected to the Council, that the new center is needed and that this proposal was a "good deal" for everyone. SIMUrIS stated that, while the city did not go to public bid on the location of the proposed new center, it has been a topic of discussion for serre tine. She added that anyone in the corrmuni ty who has been attuned to what the city is doing must have known that the city has been looking for a teen center site and anyone could have ma.de a proposal to the city. NOLL asked that the city require that the Church provide a guarantee that it will ma.intain WJodlawn Cerretery if it is deeded to it. Garzini stated that he would do whatever is possible to see that this is done. THE QUESTION WAS CALLED AND THE MJI'ION 'IO APPROVE RESOLUTION NO. 87-009 WAS APPROVED WITH SIX "YES" VOI'ES AND DUNHAM ABSTAINING. I I I PAGE 89 REGUIAR MEEI'ING - FEBRUARY 23, 1987 VOLUME 22 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, AUTHORIZING THE EXCHAN:;E OF REAL PROPERTY CONTINGENT UPON OBTAINING A COMMUNITY DEVELOPMENT' BLOCK GRANT FOR THE DEVELOPMENT OF A Ca1MUNITY YOOTH SERVICES CENTER. SIMUrIS MJVED TO APPROVE RESOLUTION NO. 87-010; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED WITH SIX "YES" VOl'ES AND DUNHAM ABSTAINING. RECESS: The neeting was recessed at 8:35 p.m. and reconvened at 8:45 p.m. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. HILTON MJVED TO PAY THE CIAIM FOR DAMAGES FIlED BY lOUIS MARCH TOI'ALLING $71.14; THE MarION WAS SECONDED BY B<X>HER. Gieseler read March's letter urging the Council to approve his claim. M=ehan stated that he would be unable to support payment of this claim since the City Code provides that the city is free fran liability unless the claimant can prove negligence on the part of the city. Garzini noted that, even if the city's system were perfect, there were sufficient power surges in the Chugach Electric system to warrant advising city electric consurrers to install surge protectors on ma.jor appliances. He stated that this has long been a policy of both the city and CEA. THE QUESTION WAS CALLED AND THE MJI'ION TO PAY THE CIAIM FAILED WITH SEVEN "NO" VOl'ES. B. SIMUTIS MJVED TO PAY THE CIAIM FOR DAMAGES FRCM AFCGNAK IDGGING TOI'ALLING $12,755.68; THE MJI'ION WAS SECONDED BY B<X>HER. Schaeferrreyer noted a February 18, 1987, rrerrorandwn from Diener reccmrending that Council pay the claim for alleged damages to Afognak's D-9 Caterpillar tractor. Afognak's claim asserted that the tractor had been rented to the city during the October flood disaster and had required extensive engine repair upon its return to the owner. Schaeferrreyer indicated that the city had been negotiating settlerrent of the claim since October but had failed to reach a compromise with Afognak. Since the exact cause of the damage to the engine could not be detennined 89 OTS/JLH/STE.WARr SUB/ CEMETERY/TEEN CENTER/ RESO: (Authorizing exchange of property w/Pentecostal Church) CLAIMS: (l~ch claim for dama.ges denied) CLAIMS: (Afognak claim for damages paid in full) 90 SHIC/CON-ll5": (130' transfer platform construction con- tract awarded to Underwater/SWalling JV) PURCHASING: (Elec. Dept. purchase of supplies approved) PAGE 90 REGULAR MEEI'ING - FEBRUARY 23, 1987 VOLUME 22 and since litigation of the claim would easily cost rrore than settlerrent for the full arrount requested, the administration recornrended that the council authorize payrrent in full upon the receipt of an unconditional release of claim fran Afognak. HIL'ION and NOLL concurred that the claim should be paid. MEEHAN disagreed, stating that city employees had per- forrred all of the necessary ma.intenance during the tine the tractor was being used by the city and there was no reason to believe that the engine failure was due to negligence on the part of the city. Simutis stated that she did not like being threatened with litigation as a consequence of not paying the claim in fulL Garzini stated that the city had an obligation to return the equiprrent to Afognak in the sane condition as when it was received, adding that the tractor was working when the city rented it and was no longer working when the city returned it. He reccmrended that the city pay the claim in full in an effort to ma.intain a good relationship with Afognak. Dunham agreed and stated that, if litigated, the city could very well be required to pay the full claim plus legal fees. THE QUESTION WAS CALLED AND THE MJI'ION PASSED WITH SIX "YES" VOI'ES AND MEEHAN VOTING "NO". C. HIL'ION MJVED TO AWARD A CONTRACT 'IO DESIGN AND CONSTRUCT A 130 FOOT LONG LATERAL TRANSFER PLATFORM AT THE MARINE INDUSTRIAL CENTER TO UNDm'JATER CONSTRUCTION, INC. SWALLING CONSTRUCTION, INC., A JOINT VENTURE, IN THE AMJUNI' OF $575,000, CONTINGENT UPON APPROVAL BY THE El:ONOMIC DEVELOPMENT AGENCY; THE MJI'ION WAS SECONDED BY SIMTJI'IS. In response to a question from Hilton, Schaeferrreyer stated that, given the all'Ount of rroney available to the city, the administration recorrrrended reducing the size of the transfer platform from 275 feet to 130 feet. THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI- MJUSLY. D. B<X>HER MJVED TO AUTHORIZE THE CITY J'.1ANAGER TO ISSUE A PURCHASE ORDER TO THE FO:LI.rnING FIRMS FOR THE PURCHASE OF ELECTRICAL SUPPLIES: ANIXTER ELECTRIC ($6,336.80), DEBENHAM ELECTRIC SUPPLY ($2,320.00), GENERAL ELECTRIC SUPPLY ($10,730.- 72), AND WESTERN STATES ELECTRIC ($330.80); THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM)USLY. XII. CITY MANAGER REPaRI'S: GARZINI stated that he would be in Juneau with the Mayor for the rest of the week rreeting with the State Bond Ccmnission concerning the prison refinance and Ireeting with the I I I 91 PAGE 91 REGULAR MEEI'ING - FEBRUARY 23, 1987 VOlllME 22 city's lobbyist and legislators concerning release of funds for corrpletion of the Marine Industrial Center. XIII. COUNCIL DISCUSSION: HILTON asked about the status of the mutual aid agreerrent between the city and the Bear Creek Volunteer Fire DepartIrent. Schaeferrreyer stated that it had been ratified by Bear Creek and had been signed by all parties. MEEHAN thanked Parks and Recreation Director Judi Andrijanoff and rremhers of the Iditarod Trailblazers for their efforts in establishing the Iditarod National Historic Trail in Seward. B<X>HER asked if the attorney had responded to the council's request for a contract for legal services. Schaefer- rreyer stated that he and Comptroller Bob Peirson were working on the accounting end (supplying account numbers for "regular city work") and would be getting this infonnation to Arvidson within the next day or so. He noted that any agreerrent would be brought to the Council for approval prior to inplerrentation. XIV. CITIZENS' DISCUSSION: JOHN ATCHISON, 2415 Cedar Street, stated that he had been employed as an electrician on the prison construction project until Friday when all local electricians were laid off and Anchorage electricians were hired in their places. He stated that the decision had been ma.de in Anchorage. Garzini noted that the company was probably trying to keep long-tine employees working during the slow winter ll'Onths. He added that while , legally, he could not interfere, he would pursue this issue inmediately. BOB LINVILLE, 203 Second, stated the he was arrong the electricians who were laid off. He stated that he and the other local electricians had initiated the union grievance process, which would probably take 2-3 ll'Onths, and would like the city's support in pressuring Alyeska Electric to reinstate them. In response to a question fran Garzini, Linville stated that there are currently 7 forerren and 3 apprentices on the job, with Alyeska paying housing and expenses for the men brought down from Anchorage. BOB VAIDATTA, Seward, complained that the Borough Assembly was not aggressively pursuing the collection of delin- que..nt sales taxes. }IN. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: DUNHAM stated that she agreed with Valdatta, adding that it is fraudulent to collect sales tax and not turn it over to the Borough. 92 PAGE 92 REGULAR MEEI'ING - FEBRUARY 23, 1987 VOLUME 22 XVI. ADJOURNMENT: The rreeting was adjourned at 9:55 p.m. i Cit,. . . ,,\\.l.JJ. r. ~. c;: t: ~~~-.,c '( Ci +-"'. ~ lll' . ,'- , ,:",x ~q., 4" . . ~ 0'," ,'., :"" ..... ;f ,. ~~~ , Gieseler May ~1 r:.~' r. " ';'J , ...' , '," .,:~:..'~. F:/ . "',>., , " '", ,> t' . v l;. 4" .,.. .' \}... ,,'\ , '. .. r.,' r:.:.\ .,':' . .~ .". to ,\ t., .;.~" .,' '.>:,.,.~ O.F ;<.\:;ff1-0' , ."l:)?:,>r;/r(!: >.. PAGE 92 REGULAR MEEI'ING - MARaI 9, 1987 VOLUME 22 I. CALL TO ORDER: The March 9, 1987, regular ITeeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING~: Counci1member Simutis led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Counci1members B0o- her, Hilton and Simutis (Councilnern- bers Dunham, Meehan and Noll were absent with Council consent) Present also: Deputy City Manager Schaefemeyer and City Clerk Murphy SPEX::IAL ITEMS: A. Gieseler introduced Junior Counci1member Mabel ledet and presented her with a city pin. PROCLAMATION: (Blankenship cornrendation) B. Gieseler introduced Cecil Blankenship and read into the record a proclama.tion ccmrending Blankenship for the part he played in saving the life of a young drowning victim. I I I PAGE 93 REGULAR MEEI'ING - MARCH 9, 1987 VOLUME 22 IV. APPROVAL OF MINUTES: B<X>HER MJVED TO APPROVE THE FEBRUARY 23, 1987, mNUI'ES AS WRITTEN; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMOUSLY. V. APPROVAL OF CDNSENT CALENDAR & REGUlAR MEEI'ING AGENDA: HILTON MJVED TO APPROVE THE REGULAR MEEI'ING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. The following actions were taken: 93 1. Resolution No. 87-011, regarding reductions ill STREETS/RESO: state highway ma.intenance crews, was approved and filed; 2. Resolution No. 87-012, arrending the Parks and BUDGEl'/P&R/RESO: Recreation Department Fiscal Year 1987 budget, was approved and (Arrending P&R budget) filed; 3. Formal objection to ABCB notification of applica- tion for transfer of a beverage dispensary license from Seward's Folly (Russ Pace) to the Breeze Inn (Juris Mindenbergs) was approved and filed; ABCB: (Objection to transfer of Seward's Folly license) 4. March 6, 1987, Finance Departrrent list of ac- ACCOUNTS PAYABLE: counts -payable totalling $742,880.25, was approved for payrrent and filed; 5. Request for authorization for line item transfer of funds totalling $2500 from the Council Continge-Ilcy Fund to a special project fund for expenses related to the USS Alaska's upcoming visit to Seward was approved and filed; 6. Request for authorization to proceed with efforts to obtain a 30,000 pound anchor fran the US Navy for display in Seward was approved and filed; and 7. Proclama.tions as follows were noted for informa- tion and filed: "Hire the Disabled Veteran Year", 1987 "Girl Scout W=ek", March 8-14, 1987 " Develorxrental Disabilities Awareness Month", March 1987 " Errq:>loy the Older Worker Week", March 9-15, 1987 VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Jonathan Sewall gave a verbal report of the assembly rreeting. Representative March 3, 1987, BUDGET/USS ALASKA: US NAVY/HARBOR: PROCLAMATIONS: (Disabled Veterans, Girl Scout Week, Develotxrental Disab. Awareness Month, Errq:>loy the older wor- ker week) 94 RESO/PURCHASING: (Purchase of new Xerox 1075 copier) PAGE 94 REGULAR MEETING - MARCH 9, 1987 VOLUME 22 VII. PUBLIC HF.ARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been rrade available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, AMENDING SECTION 2-11 (c) OF THE SEWARD CITY mDE REGARDING CONFLICT OF INTEREST. HILTON MJVED TO INTRODOCE PROPOSED ORDINANCE NO. 586; THE MarION WAS SECONDED BY SIMUrIS AND CARRIED UNANIIDJSLY. (Public hearing was set for March 23, 1987.) Gieseler noted that the city attorney would research carrparable municipal ordinances and case law frOOl around the state and report back to the Council if a problem should be found. He noted, however, that there appears to be no legal problem with the ordinance as written. B. Ordinances for Public Hearing and Enactrrent: None C. Resolutions: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY mUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PURCHASE OF COPIER ~UIPMENT. HILTON MJVED TO APPROVE RESOLUTION NO. 87-013; THE MJI'ION WAS SECONDED BY B<X>HER. Finance Director Bob Peirson stated that the adminis- tration was recamending the purchase of two copiers - a Xerox 1075 to replace the city's Xerox 8200 and a Ricoh 5070, a new addition. He explained that the Xerox 1075 would be purchased on a 36-rronth lease/purchase plan at an additional cost to the PAGE 95 REGULAR MEEI'ING - MARCH 9, 1987 VOLUME 22 I city (over that budgeted for the Xerox 8200) of approxima.tely $500 per rronth. He noted that Xerox would accept the 8200 on a trade-in and that the ITOnthly figure quoted included cost of the ma.intenance agreerrent. In response to a question from Booher, Peirson stated that the Ricoh would serve two functions. First, it would be a back-up copier for the large-volurre Xerox 1075 for use by other departrrents when one departIrent was running a lengthy project and for use by all during those tines when the Xerox is "down". In addition, the Ricoh contained SOlIE features not found in the Xerox, principally enlargerrent capability. THE QUESTION WAS CALLED AND THE MJI'ION FAIlED WITH THREE "YES" VarES AND BOOHER VOTING "NO". Note: See rrotion for reconsideration below. X. UNFINISHED BUSINESS: A. SIMUrIS MJVED TO AUTHORIZE THE CITY WlNAGER TO FORMALIZE THE AGREEMENI' AS SET' FORTH IN THE LETTER FRCM THE CITY AT'IORNEY (FOR LEGAL SERVICES); THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. XI. NEW BUSINESS: I A. SIMUTIS MJVED TO AUTHORIZE THE CITY MANAGER 'IO ENTER INTO A CONTRACT WITH PAC TEL CCM 'IO DESIGN/BUILD AN ELECTRICAL DISTRIBUTION LINE TO SERVE THE SPRING CREEK WASTE.WA- TER TREA'IMENT UTILITY FOR A PROJECT COST NOT TO EXCEED $74,320.00; THE MJI'ION WAS SECONDED BY HIL'ION AND CARRIED UNANIMOOSLY. RECESS: The Ireeting was recessed at 8:00 p.m. and reconvened at 8: 05 p.m. BOOHER MJVED TO RECONSIDER THE MJI'ION TO APPROVE RESOLUTION NO. 87-013; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. B<X>HER MJVED TO AMEND RESOLUTION NO. 87-013 BY DELET- ING THE PURCHASE OF THE SMALL COPIER (SECTIONS 2 AND 3); THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMJUSLY. THE QUESTION WAS CALLED ON THE MOTION TO APPROVE RESOLUTION NO. 87-013 AS AMENDED AND THE MJI'ION CARRIED UNANIMOOSLY. Booher noted that he would have no objection to the administration presenting further justification for the purchase of the Ricoh copier at the next lIEeting. I XII. CITY MANAGER REPORI'S: None C. ATTY: (CM to for- malize agreement for legal services w/HTGP&B) PRISON/CON- ll4 (Design/Build cant. for elec. distrib. system for waste- water trtmt. fac. at prison site) PAGE 96 REGULAR MEEI'ING - MARCH 9, 1987 VOLUME 22 XIII. COUNCIL DISCUSSION: GIESELER asked about the status of the Cradles and Pails bid for the Marine Industrial Center. Engineering and utili ties Manager Diener stated that bid opening had been delayed for approxima.tely 10 days. GIESELER also noted the proclama.tions listed on the consent calendar. XIV. CITIZENS' DISCUSSION: None 'iN. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: None 'iNI. ADJOURNMENT: The Ireeting was adjourned at 8: 10 p.m. ~,e-J~~!" . Gieseler May (City Seal) ---------------------------------------------------------------- PAGE 96 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 I. CALL TO ORDER: The March 23, 1987, regular rreeting of the Seward City Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler. II. OPEN"ING CEREM:>NY: Council.rrernber M=ehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Counci1menbers B0o- her, Hilton, M8ehan, Noll and Simutis (Councilrrember Dunham was absent with Council consent.) I I I PAGE 97 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer, City Attorney Arvid- son and Deputy City Clerk Audette SPECIAL ITEMS: A. Gieseler introduced Junior Counci1.rrember Jenny Scholl and presented her with a city pin. B. Gieseler introduced David E. MJore, Kenai Fjords National Park Superintendent, and read into the record a procla- ma.tion naming MJore a Lifetine Honorary Citizen of Seward and wished him good luck in his new assignrrent to Chiricahua Nation- al funurrent in Arizona. IV. APPROVAL OF MINUTES: SIMUrIS MJVED 'IO APPROIlE THE MARCH 9, 1987, MINUTES AS WRITI'EN; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANI- OOUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: At the request of Arvidson, GIESELER MJ\1ED TO MEEI' IN EXECUTIVE SESSION IMMEDIATELY FOLLCWING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS LITIGATION; THE IDI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIMJUSLY. Schaeferrreyer requested the addition of a March 16, 1987, invoice from Wiley, Rein & Fielding for legal services rendered regarding the negotiations to re-instate satelli te program service for the Seward translator) totalling $1,080.88 as Consent Calendar Item No.7. MEEHAN MJVED TO APPROIlE THE REGULAR MEETING AGENDA AS PRESENTED AND THE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions were taken: 1) Resolution No. 87-014, accepting reappropriated state grant funds for renovation of the Senior Citizens Center, was approved and filed; 2) February, 1987, invoices from Baily and Mason for legal services regarding the Sewer and Water Utility Applica- tions in an arrount totalling $151.50, was approved for payIrent and filed; 3) Purchase of an easerrent from Jean M. Thoma.s in the arrount of $1,000 for transmission line RaV access across Lot 13, Block 1, Goat Haven Estates Subdivision, was approved and filed; 97 GRANTS/SENIOR CNTR Kt;::;U: C.ATTY: 'r-LINE UPGRADE/ EASEMENTS: 98 ROW VACATIONS: ABCB: C. ATTY: SLAC: PAGE 98 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 4) Affirma.tive support of an application for vaca- tion of the north half of the Mill Street RCM between Governrrent Foad and the Lagoon was approved and filed; 5) ABCB notification of an application for a restau- rant designation as filed by Juris Mindenbergs for the Breeze Inn Restaurant and Bar was approved and filed; 6) 1986 Taxable Sales Report as filed by Finance Director Bob Peirson was noted for informa.tion and filed; and 7) March 16, 1987, invoice from Wiley, Rein and Fielding for legal services rendered regarding negotiations to re-instate satellite program service for the Seward translator} totalling $1,080.88, was approved for payrrent and filed. VI. BOROUGH ASSEMBLY REPORI': 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) A. DENNIS SCHOLL, Program Director, Seward Life Action Council (SLAC), appeared before the Council and ma.de a presentation with the aid of graphic charts and distributed written ma.terial regarding the inpact of decreased state funding on the social service programs at SLAC. Scholl ma.de the follow- ing recorrnendations to the Council: 1) Support HB92/SB96 - ~tal Health Lands; 2) Support HB91/SB97 - Seriously ~tal Ill; 3) SB67 - r<ental Health Insurance; 4) Participate with rroney and effort in city and area wide comprehensive health and social service planning; 5) Change Alcohol Ordinance - Close bars at 2: 00 a.m. instead of 5: 00 a.m.; 6) Attend SLAC/camnmity forum in April; and 7) Change priorities - exanple: $2,500 appropriated to entertain USS Alaska crewrrenbers while SLAC receives only $3,000/year as support from the city. At the request of r<eehan, Scholl stated that he would provide copies of the House and Senate Bills Irentioned in his recornrendations. At Council's request, Scholl stated that he would return to provide an update on the final outcorre of SLAC's funding. IX. ORDINANCES AND RESOLUTICNS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and EnactIrent: I I I PAGE 99 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 1. public, Gieseler entitled: Copies having been ma.de available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, AMENDING SECTION 2-11 (c) OF THE SEWARD CITY CODE REGARDING CONFLICT OF INTEREST tbtice of public hearing as posted and published by law was noted and the public hearing was opened. DENNIS SCHOLL, 504 Adams Street, Seward, appeared from the audience and expressed his approval of the proposed ordi- nance. Scroll added that the proposed ordinance was consistent with ethics guidelines set by the state legislature. No one else appeared in order to be heard and the public hearing was closed. HILTON MJVED TO ENACT ORDINANCE NO. 586; THE MJI'ION WAS SECONDED BY SIMUrIS. In response to questioning from Hilton, Arvidson explained that the word "substantial", in reference to financial interest, was included in the present ordinance and dated back to the original charter and was to be interpreted by the Council each tine a rrember declared a possibility of conflict. Arvidson added that without the word "substantial" there could be tines when every rrember on the Council would have a conflict; ie. a recorrITended zoning change affecting the whole city. THE QUESTION WAS CALLED AND THE ORDINANCE WAS APPROVED UNANIMJUSLY. C. Resolutions: 1. Copies having been ma.de available to the public and distributed to the Council prior to the start of the rreeting, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR INSPECTION OF THE SIDC SYNCROLIFT BY LLOYD'S REx;ISTER OF SHIPPING MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-015; THE MJI'ION WAS SECONDED BY SIMUI'IS. Gieseler noted a March 16, 1987, rrerrorandwn, as submitted by Foster Singleton, Harborma.ster, outlining the possible costs involved with a syncrolift inspection and recom- rrending the appropriation of funds from the Harbor Enterprise 99 C. COUNCIL/ORD: (Conflict of Int. regulations amend- ed) SMIC/RESO: (Appropriating funds for ship- lift inspection) 100 PURCHASING/RESO: (Harbor Dept - purchase of waterborne am- bulance) PAGE 100 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 Reserves for a not-to-exceed figure of $32,650 to accomplish the inspection. Also noted was a January 29, 1987, letter to Lloyd's Register of Shipping fran Singleton and four written ccmnunications from Lloyd's to the city. In response to questioning from the Council, Singleton appeared from the audience and gave further explanation of the lift inspections required in order to ma.intain the present standard or class for insurance purposes. Singleton added that the inspection costs would be included in the budget for next year. THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI- MJUSLY. 2. Copies having been ma.de available to the public and distributed to the Council prior to the start of the rreeting, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A 25-FOOT CHALLENGER FOR USE AS A WATERBORNE AMBULANCE IN THE SMALL BOAT HARBOR AND AUTHORIZING THE EXPENDITURE OF CERI'AIN HARBOR RESERVE FUNDS 'IO EFFECT THIS PURCHASE. HILTON MJVED TO APPROIlE RESOLUTION NO. 87-016; THE MJI'ION WAS SECONDED BY SIMlJI'IS. Gieseler noted a March 16, 1987, rrerrorandwn from Singleton which included a breakdown of the vessel cost and reconmended approval of proposed Resolution No. 87-016. A February 24, 1987, letter from the state DepartIrent of Adminis- trative Services which inforrred the city that the appropriation for Grant No. 5-437, for the purpose of acquiring a seaborne ambulance, was to lapse if "substantial ongoing work" had not occurred. In response to questioning from Council, Singleton appeared from the audience and stated that he and rremhers of his DepartIrent had researched the various watercraft available and found that the Whaler provided a safe , easily ma.neuverable vessel with a low ma.intenance/operation cost. Singleton stated that a new vessel would not increase costs to the Harbor. In response to further questioning, Singleton inforrred the Council that the 21' Whaler presently operated by the Harbor Departrrent was used on a daily basis within the harbor confines to ma.neuver other vessels and frequently outside the breakwater to tow vessels. He added that the Administration recorcrrended that, in the event the resolution is approved, the present vessel be offered in the next surplus sale. I I I PAGE 101 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 In response to direct questioning from Gieseler, Donald Cripps, prior Seward Mayor, spoke fran the audience in opposition to the idea of a waterborne ambulance. Garzini stated that the original concept of a ma.jor fire/rescue vessel was rejected after a study concluded that the cost would be approxima.tely $319,000. He added that the state offered the grant rroney; that the city had not applied. Garzini added that the purchase recornrended by the Administration falls wi thin the paraneters set for a seaborne ambulance in that the Harbor personnel occasionally assist the United States Coast Guard in rescue efforts within the Resurrection Bay area. He pointed out that the new vessel would offer greater protection from the weather during rescue efforts as it cones equipped with a cover. The added feature of a self-bailer would also increase the safety margin. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED WITH NOLL VOTING NO. RECESS: The Ireeting was recessed at 8:45 p.m. and reconvened at 8: 55 p.m. 3. Copies having been made available to the public and distributed to the Council prior to the start of the Ireeting, Gieseler noted by title only a proposed resolution entitled: A RESOLurION OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A TABLE-TOP RICOH COPIER AND APPROPRIATING FUNDS FRCM THE FUND BALANCE 'IO EFFECT THE PURCHASE. B<X>HER IDVED TO APPROVE RESOLUTION NO. 87-017; THE MJI'ION WAS SECONDED BY SIMUI'IS. Gieseler noted a Bob Peirson, Comptroller, resolution. March 19, 1987, rrerrorandwn from reccmrending approval of the Following a short discussion, THE QUESTION WAS CALLED AND THE MarION PASSED UNANIMJUSLY. 4. public, Gieseler entitled: Copies having been ma.de available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, URGING THE CREATION OF AN INTERIM: LEGISLATIVE C()M>UTrEE TO STUDY THE ALASKA RAILROAD. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-018, THE MJI'ION WAS SECONDED BY HILTON. 101 PURCHASING/RESO: (Purchase of Ricoh copier approved) ARR/RESO: (Urging creation of in- terim legisla- tive committee to study ARR) 102 HARBOR/CON- 140: (Authorizing fuel license agrrnt w/Har- bor Fuel) PAGE 102 REGULAR MEEI'ING - MAROI 23, 1987 VOWME 22 Gieseler noted an Agenda Staterrent fran Garzini which explained that it,$not the intent to fight the Railroad, using the legislature as referee, but to have the legislature study the relationship between Seward and the Railroad to see if sorre Irechanisrn could be developed which would inprove camn.mication and cooperation. Gieseler added that he had spoken with several railbelt city representatives and found that no one was satisfied with their relationship with the Alaska Railroad. Following a short discussion, THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIMXJSLY. X. UNFINISHED BUSINESS: None. XI. NEW BUSINESS: A. Gieseler noted a February 17, 1987, letter from Harbor Fuel Service requesting use of a portion of the city I s dock as a ma.rine fueling station and a March 17, 1987, rrerroran- dwn from Singleton reconrrending that Council allow the City Manager to enter into a fuel license agreerrent with Harbor Fuel Service to establish a fixed fueling station on the south face of the "T" dock. SIMUrIS MJVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A FUEL LICENSE AGREEMENT WITH HARBOR FUEL SERVICE; THE MJI'ION WAS SECONDED BY HILTON. In response to Booher's concern that a request for proposals had not been advertised, Garzini stated he had con- sidered that sane concern and had concluded that after develop- ing a selection criteria, which would be based on quality of performa.nce and experience, the proposer would be a top contender, and, added to the fact that it was the proposer's idea to establish a fueling station, then he reCOlTlrended not going out for proposals. ~han agreed that the city could not receive a better proposal than the one presented by Hamor Fuel Service. Following Council discussion, THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANIMJUSLY. XII. CITY MANAGER REPORI'S: Garzini reported that he had taken a tour with Singleton of the harbor area and that a clean-up of that area would begin in April to include a derelict boat sale. He added that the boat launch area, damaged during the October 1986 flood, was to be repaired as soon as possible. At the request of Gieseler, Paul Diener, City Util- ities and Engineering Manager, carre forward and gave a flood I I I PAGE 103 REGULAR MEEI'ING - MARCH 23, 1987 VOLUME 22 damage assessrrent report of the Lowell Canyon Diversion Tunnel. Diener also updated the Council on safety rreasures the city will be taking to help prevent further incidents involving the Tunnel which will include a 700' chain link fence with barbed wire and gates which will extend across the valley entrance. He added that signs warning of the dangers will be posted and that a park area will be developed with restricted vehicular access. XIII. COUNCIL DISCUSSION: NOLL expressed his appreciation of tl1e fact that television channel 7 was back on the air. In response to questioning from SIMUrIS, Schaeferrreyer reported that the city should have a response regarding the Youth Services Center grant application on Thursday. GIESELER congratulated Chief of Police Bencardino on the celebration of his 50th birthday. Gieseler requested the Administration to clear the brush from the south side of the north entrance to Forest Acres Subdivision. HILTON added that erosion had occurred at that intersection also and inquired about the proposed tine schedule for repairs. Garzini stated that the brush would be cleared by the state DepartIrent of Transportation as it was in the highway right-of-way. Diener carre forward and stated that there were a number of roadways in the city in need of repair which were a result of the October flood and that as soon as the ground thawed and becarre dry the areas would be repaired and patched. XIV. CITIZENS' DISCUSSION: ROBERI' VAIDATTA, Seward, appeared from the audience and expressed his opinion that the city carrpground ma.intenance request for proposals was not appropriate; that there was not enough informa.tion included in the informa.tion packet to bid the job. Valdatta recamended that a pre-bid conference be scheduled. DENNIS SCHOLL, 504 Adams Street, Seward, appeared from the audience and stated that he would be able to corre back to Council and report on the outcorre of the legal suit regarding rrental health lands. He added that he thought the study of the relationship of the Alaska Railroad and the city was a good idea. He also suggested that the Parks and Recreation Depart- Irent investigate the possibility of funding the Youth Services Center through a state "alcohol grant". }N. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: None. }NI. ADJOURNMENT: PAGE 104 REGUIAR MEEI'ING - MARCH 23, 1987 VOLUME 22 The rreeting was adjourned at 9:25 p.m., and after a short recess, the Council Iret in Executive Session to discuss ma.tters under litigation. (Y~~rj.~~D~ Christy A.. Au~t,e "~ Deputy City Cl~~k:, "~ . ''''' '? (City Seal) ',' \ , ;3 I-~ ~c:.~~ . Gieseler Mal' .. . ~i -~~---------~---J~~-Ji---------------------------------------- P~ 3:04 . ~ ~ MEEI'ING - APRIL 9, 1987 VOLUME 22 "",',', ,., "F t.\,\~' " "'..' '-- U r'''' . I. '<'.,;?~ RDER: The April 9, 1987, special meeting of the Seward City Council was called to order at 12: 15 p.m. by Mayor Harry E. Gieseler. II. OPENING CERllmY: CouncilrrEmber Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and CouncilrrEmbers Hil- ton, Meehan, Noll and Simutis (Council- members Booher and Dunham were absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and Deputy City Clerk Audette IV. APPROVAL OF AGENDA: MEEHAN MJVED TO APPROVE THE APRIL 9, 1987, SPECIAL MEEI'ING AGENDA AS PRESENTED. THE MarION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. V. RESOLUTIONS: A. Copies having been ma.de available to the public and distributed to the Council prior to the start of the rreet- ing, GieSeler noted by title only a proposed resolution enti- tled: I I I PAGE 105 REGULAR MEEI'ING - APRIL 9, 1987 VOLUME 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INDENTURE AMENDING THE TRUST INDENTURE AND ASSIGNMENT OF LEASE WITH RESPECT TO THE SPRING CREEK CORRECTIONAL CENTER, AND RELATED MATTERS. HILTON MJVED TO APPROVE RESOLUTION NO. 87-019; THE MJI'ION WAS SECONDED BY MEEHAN. Schaeferrreyer reported to Council that he had received a telephone call fran the City's bond counsel a few minutes prior to the Ireeting with the recOITll'endation that the City not pass the proposed resolution; that further research into the new tax codes had revealed that assigning the lease certificates at this tine could ma.ke them taxable. WITH THE CONSENT OF MEEHAN, HILTON WITHDREW HIS MJ.rION . VI. NEW BUSINESS: A. Gieseler noted an April 2, 1987, rrerrorandwn from Harborma.ster Singleton reccmrending that ME'I'CO, Inc. be awarded the contract to restore the boat launch ranp which had been dama.ged during the October 1986 flood in an arrount of $21,900. SIMUI'IS MJVED TO AUTHORIZE THE CITY MANAGER 'IO AWARD A CONTRACT 'IO ME'I'CO, INC. IN THE AMOONT OF $21,900 AND A CHANGE ORDER CONTINGENCY OF $2,200 FOR A TOI'AL PROJECT AMJUNT OF $24,100.00. THE MJI'ION WAS SECONDED BY HILTON AND THE MJI'ION CARRIED UNANIMOUSLY. VII. CITIZENS' DISCUSSION: None. VIII. COUNCIL & ADMIN. RESPONSE TO CITIZEN CCM1ENTS: Garzini inforrred the Council that a study session had been tentatively scheduled with Alaska Railroad representatives for Friday, April 10, 1987, at 2: 00 p.m. Audette stated that a , special notice would be hand delivered at least 12 hours prior to the rreeting. IX. ADJOURNMENT: ~g was adjourned at {\-~,c1-.l. ()~ ~:E,~~4' '.' ,..l. , ,"'(1<<,;.1;(;) co. " ,. d l '~ " ru:R+'~~\ii ~':" ~~:m\"- C!)ris,ty A. ~ t1;:e , oepUtY City_Clerk , 12:45 p.m. ":. . , '. f- '. dl~ ",:~f: "i~- ~;;41't' 'OF 'f>-\.\<:;'; 0:~. - ,~,D' .A/A.~.("'7:lm11. . I.. 105 SBH/FLOOD RES- TORATION/CON- (Restoration of Boat Launch Ramp) 106 PAGE 106 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 I. CALL 'IO ORDER: The April 13, 1987, 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 Booher led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers B0o- her, Dunham, Hilton, ~ehan, Noll and Sinutis Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy SPECIAL ITEMS: A. Gieseler introduced Junior CounciJ..rrenber 'lWyla Greer and presented her with a city pin. B. Gieseler introduced Haines City Administrator Walt Wilcox and Haines Harborma.ster Bob Stokely. IV. APPROVAL OF MINUTES: HILTON MJVED TO APPROVE THE MARCH 23, 1987, MINUTES AS WRITTEN; THE MJI'ION WAS SB:ONDED BY BOOHER AND CARRIED UNANI- MJUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: Gieseler requested the addition of two items to the regular meeting agenda and consent calendar: 1) Proposed Resolu- tion No. 87-022, authorizing participation in the state's day care assistance program (Consent Calendar Item No.9), and 2) Proposed Resolution No. 87-023, authorizing the purchase of a 10,000 gallon waste oil tank for the Sma.ll Boat Harbor with out full utilization of the city's bid procedures (Agenda Item No. IXC3). Gieseler also requested that regular Ireeting Agenda Item No. XIA (assignrrent of lease for security purposes) be deleted. In addition, Gieseler noted that he would accept public testirro- ny prior to Council deliberation of Agenda Item No. XID (award of campground collection contract) . - BOOHER MJVED TO APPROVE THE REGULAR MEEI'ING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MarION WAS SECONDED BY B<X>HER AND CARRIED UNANIMJUSLY. The following actions were taken: I I I PAGE 107 REGUIAR MEEI'ING - APRIL 13, 1987 VOLUME 22 1. March 1987 invoices fran HTGP&B for legal services totalling $122.50 and $70.68 was approved for payment and filed; 2. March 18, 1987, request as filed by the Seward Chamber of Comrerce to discharge fireY.Orks on July 4, 1987, was approved and filed; 107 C.ATTY: PERMITS/FIREWORKS: (C of C - July 4 display) 3. Change orders to the Sanwhan contract for prison CON - ll.9.. : construction were noted for informa.tion and filed as follows: No. 29 - 'lb extend APS roof drain leader (+$13,724) No. 30 - Furnish and install all rrechanical revisions (+$78,246.29) No. 31 - Add TS 4x4xl.;, colwnns at clerestory structural framing at 16 locations in Buildings 2 and 3 (+$21,824) No. 32 - Relocate transforrrer pad, conmmication and buried power lines at the APS building (+$21,777) No. 34 - Provide electrical revisions as described in proposal No. 20 (+$27,850) No. 35 - Rescind CO #28 for installation of roof drains and leaders at APS Building (-$23,000) No. 36 - Install one 15-amp GFI receptacle in the APS Building elevator pit (+$1,146) No. 37 - Provide approxima.tely 1,100 square feet of additional office for DOT/PF occupancy (+$35,576) No. 38 - Overexcavate and extend depth of footings for Buildings 1, 2, 3, 4, and 5 (+$77,119) No. 39 - Provide all equiprrent, ma.terials and labor for rrechanical changes per revision 3 (+$45,994) No. 40 - Provide all equitxrent, ma.terials and labor for clerestory wall bracing for the APS Building (+$87,000) No. 41 - Provide all equiprrent, ma.terials and labor to perform all electrical items per revisions listed (+$20,070) No. 42 - Separate fire alarm zone to coordinate with sprinkler system (+$4,720) No. 43 - Provide all equiprrent, ma.terials and labor to provide electrical changes per revision 6A (+$34,057) No. 44 - Provide all equitxrent, rraterials and labor for installation of high-pressure sodiwn light fixtures at exterior entrance soffits at Buildings 2 and 3 (+$16,714) No. 45 - Provide all ma.terials, equiprrent and labor per revision No. 5 (+$96,095) No. 46 - Provide all ma.terials, equiprrent and labor to install rrechanical changes per revision No. 6B (+$26,359); 4. April 2, 1987, rrerrorandwn from Deputy City Clerk Audette noting the Planning Conmission's request to declare the Conmission seat of Roland (Pete) Peterson vacant and request to advertise the vacancy was approved and filed; 5. Apri 1 8 , 1987, rrerrorandwn from Administrative Assis- tant Martin regarding assignrrent of Lease RE-048 (Boardwalk Site P&Z: (Peterson seat declared vacanti vacancy advertised) RE- /BOARDWALK: (Assign S. #2 to J. Maddox) lOr, MARINA SUB/RE- (Assign lease in- terest to NBA) DAY CARE/RESO: (Authorizing par- ticipation) PH: (Lease & Fuel License Agrmt. w/Marathon Fuel) CIT.DISC: (C.Col- lier - School funding) PAGE 108 REGUIAR MEEI'ING - APRIL 13, 1987 VOLUME 22 No.2) fran J. B. Bennison to Jeanne Maddox was approved and filed; 6. April 8, 1987, rrerrorandwn from 1\dministrative Assis- tant Martin regarding an assignrrent of lease for security purposes (L 3 & 8,B 1, Marina Subdivision) to National Bank of Alaska was approved and filed; 7. April 6, 1987, rrerrorandwn from Engineering and Util- ities Manager Paul Diener updating the status of the Rails and Cradles civil work was noted for infonnation and filed; 8. April 7, 1987, trip report as filed by Mayor Gieseler was noted for infonnation and filed; and 9. Resolution No. 87-022, authorizing participation in the state I s day care assistance program, was approved and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: Notice of public hearing as published and posted as required by law regarding the proposed approval of an annual license agreerrent and lease to Marathon Fuel Corporation to operate a fuel ma.rina within the Seward Sma.ll Boat Harbor was noted and the public hearing was opened. BOB VAIDA'ITA, 528 Fifth Avenue, Seward, asked how much the city was to be paid under the agreerrent. Garzini noted that the city would receive $0.01 per gallon of regular fuel and $0.005 per gallon of diesel fuel sold across the docks. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) CHARLES COLLIER, 1615 Bayview Place, Seward, President of the Seward Schools Parent Advisory Corrmittee (PAC) urged the Council to support the School Board's proposed budget for FY 1988. Collier stated that funding the operation of the schools as recorrnended by the School Board would require an additional 2.2 mil tax levy for Borough property owners. In response to a question fran the Council, Garzini stated that Article VII of the Alaska Constitution states that education is a state func- tion. He added that a mmber of boroughs have filed suit against the state to force it to provide basic capital and operating costs of public schools. IX. ORDINANCES AND RESOLUTIONS: I I I PAGE 109 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 A. Ordinances for Introduction: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTIONS 17-5. 3 AND 17-6.7 OF THE SEWARD CITY CODE RELATIVE TO JOB ANNOUNCEMENTS AND TEMPORARY APPOINT- MENTS. SIMUTIS MJVED TO INTROOUCE PROPOSED ORDINANCE NO. 587; THE MJI'Im WAS SECONDED BY MEEHAN AND CARRIED UNANIMJUSLY. Public hearing was scheduled for April 27, 1987. B. Ordinances for Public Hearing and Enactrrent: None C. Resolutions: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, OPPOSING THE EXTENSION OF MANDATORY MEDICARE PAYMENTS TO ALL STATE AND LOCAL EMPLOYEES. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-020; THE MJI'ION WAS SECONDED BY SIMUTIS. Murphy noted that the blank in the third "Whereas" clause should be filled in with the figure "$30,024". In response to a question from Hilton, Murphy stated that the city already pays into rredicare for any employee hired after April 1, 1986. This proposed legislation, if approved, would ma.ndate that all state and local enployees participate in the rredicare program, with the cost to the employer totalling 1.45% of each enployee's gross inCOIre. THE QUESTION WAS CALLED AND THE M:Y1'ION PASSED UNANI- MJUSLY. 2. Copies having been ma.de 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, AU'IHORIZING THE LEASE OF LAND AND LICENSE TO DISPENSE FUEL ACROSS 109 PERSONNEL/RESO: (Opposing manda- tory participation in Medicare Prog.) ~ffiRINA SUB/RE- / RESO: (Approving Lease & Fuel Lic. Agrmt. w/Marathon Fuel) 110 PURCHASING (SBH)/ RESO: (Purchase of 10,000 Gal. tank for waste oil) I I L PAGE 110 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 CITY-a-:JNE[) DOCKS, WHARVES AND FLOATS TO MARATHON FUEL CORPORATION. SIMUrIS MJVED TO APPROVE RESOLUTICN NO. 87-021~ THE MClI'ION WAS SECONDED BY HILTON. Hilton stated that he had expressed serre concern about fuel prices in the harbor last surmer. Fuel sold over the dock to boats was priced considerably higher than highway fuel although the tax paid on "over the dock" fuel was less than that paid on "higlMay" fuel. Hilton stated that Lechner and Lindsey, proprietors of Marathon Fuel, have promised to change this policy and have stated that they will "bring prices in line". Hilton voiced his support for the resolution. Booher questioned whether the city was gauung suffi- cient revenue from the fuel license agreerrent and asked when this fee had been established. Garzini stated that he would research this before the annual agreerrent carre up for review in a year's tine. In response to a question from Gieseler, Garzini stated that the fees collected by the city would go into the Harbor Enterprise Fund. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANIIDJSLY. 3. public, Gieseler entitled: Copies having been ma.de available to the noted by ti tIe only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A 10,000 GALLON WASTE OIL TANK FOR THE HARBOR DEPARIMENl' WITHOUT FULL urILIZATION OF CITY BID PROCEDURES. B<X>HER MJVED TO APPROVE RESOLUTICN NO. 87-023; THE MJI'ION WAS SECONDED BY SIMUrIS. In response to a question from Booher, Garzini stated that there are units available which burn waste oil for heat, adding that he would investigate the possibility of obtaining such a unit. Garzini noted that sane of the city's waste oil was used by Seward Fisheries (SFI), but the city was acquiring the oil faster than the SFI could use it. M=ehan noted that the problem faced by SFI was detennining if the oil was "clean" enough to burn before using it. Booher asked if this (providing waste oil for heating fuel) was serrething the private sector could "get into". Garzini stated that there was one firm in Anchorage providing this service, but none in Seward. Gieseler suggested developing an incentive program for lessees of SMIC property who use waste oil for fuel. I I I PAGE 111 RffiULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- MJUSLY. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. DELEl'ED B. SIMUTIS MJVED TO AUTHORIZE THE CITY MANAGER 'IO AWARD A CONTRACT 'IO D & L CONSTRUCTION FOR AN AMCUNT NOT TO EXCEED $21,500; THE MJI'ION WAS SECONDED BY HILTON. Gieseler noted an April 6, 1987, rrerrorandwn from Engineering and Utilities Manager Diener recorrnending award of the contract for restoration of the diversion dike at Fourth of July Creek to D & L Construction. Funding for the project would carre from a Federal Errergency DSR grant (DSR 3440) for restora- tion of property dama.ged during the October 1986 flood. THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI- M:XJSLY. C. SIMUrIS MJVED TO AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT FOR CONSTRUCTION OF A SECURITY FENCE AT LC:WELL CANYON DIVERSION DAM TO PENINSULA FENCE COMPANY FOR AN AM'JUNT NOT TO EXCEED $24,645; THE MarION WAS SECONDED BY B<X>HER. In response to a question from Simutis, Diener stated that the City Code requires the Council to award to the lowest responsive and responsible bidder; therefore, the administration had no choice but to recornrend Peninsula Fence over METCO, Inc., a local firm. (METCO's bid was $305 rrore than that submitted by Peninsula Fence.) Dunham stated that the city needs to arrend the code to allow for a local bidder preference, adding that the city should "treat our own rrore decently". Garzini reminded Council that then-Counci1.merrber Raya Williams had sponsored a local bidder preference ordinance in 1984, but the Council had been unable to resolve questions over the definition of "local" and had failed to enact the ordinance. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- M:XJSLY. Gieseler stated that he and Counci1.rrembers Dunham and ~ would work with the attorney and the ma.nager to draft a local bidder preference ordinance for introduction at the next rreeting. D. MEEHAN MJVED TO AWARD THE CAMPGROUND MANAGEMENT SERVICES CONTRACT TO DALA ANDRIJANOFF, DBA CAMPGROUND SERVICES; THE MJI'ION WAS SECONDED BY HILTON. III FLOOD RESTORATION/ CON-~: (Award of contract to re- store diversion dike at 4th of July Creek) FLOOD CONTROL/CON- 2:2.. I: (Award con- tract for security fence at Lowell Cn. Diversion Dam) CAMPGROUNDS/CON- -z.Z-3 : (Award contract for camp- ground managment) 112 PAGE 112 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 Gieseler noted that prior to Council discussion or action, he would like to request a presentation by the adminis- tration followed by COIlI'rents from any bidders who wished to speak to this issue. He noted that public (bidder) ccmrents would be limited to five minutes. Bob Peirson, Finance Director, briefly outlined the history of carrpground fee collections in the city since 1975 when the fees were collected by the city dog catcher. The history included contracts to a local Irerchant and a private citizen; fee collection by the Harbor DepartIrent and, later, the Parks and Recreation Departrrent; one year when fees were re- pealed; and, beginning in 1985, contracting both fee collection and ma.intenance of the carrpgrounds to Dala Andrijanoff, with contract ma.nagerrent delegated to the Finance Departrrent. This contract had been extended through the 1986 carrper season. An RFP had been advertised this spring for the 1987 contract. All bidders had been advised that the proposals were to be presented in two parts - Schedule A (operational and ma.nagerrent plan) and Schedule B (arrount to be paid to the city). In addition, bidders were advised that Schedule A would be fully evaluated and scored prior to the opening of Schedule B and that Schedule A would be weighted to reflect 60% of the score received. Peirson stated that the evaluators (Peirson, Engineering and Utilities Manager Diener and Deputy City Manager Schaeferrreyer) had individually scored the proposals and that Andrijanoff had outscored his corrpetitors on both schedules. Therefore, it was the administration 's recc.mrrendation that Andrijanoff be awarded the contract for campground ma.nagerrent. MARrY GROSSMAN, Fourth of July Creek Canyon, SHERRY MILLER, Lowell Point, and MIKE MILLER, Lowell Point, asked to be allowed to address Council. Grossma.n stated that a letter explaining the I.owell Point SeIVices (LPS) proposal and the position they have taken regarding the review process and administration's recornrendation had been delivered to the Council over the weekend. He stated that the LPS plan would provide rrore than "just essential seIVices", and asked that the Council delay award of the contract until each rrenber could review all of the proposals submitted. Sherry Miller claimed that the LPS plan was "better in every way" than Andrijanoff's past performa.nce. She added that Andrijanoff had failed to ma.ke rronthly reports to the city as required under his previous contract and stated that this informa.tion would have been helpful to other bidders. Mike Miller also urged Council to review the proposals, adding that he would be happy with whatever decision was ma.de. PUBLIC COMMENT WAS CLOSED. Simutis questioned the evaluation process, stating that with five years of carrpground ma.nagerrent experience, it was difficult to ima.gine how LPS could rank below any other I I I 113 PAGE 113 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 proposer. She also stated that it was difficult for her to believe that the evaluation team was not "biased and prejudiced" when reviewing a proposal submitted by SOIreOne whose work they had supervised for the past two years. Dunham asked why the required reports had not been submitted by Andrijanoff. Peirson stated that the city had required the reports to ma.ke certain that the contractor was keeping accurate records. After the first rronth' s report was received, reviewed and judged to be accurate and corrplete, he had waived reporting for the rema.inder of the contract term. Dunham stated that she had received a call from Mike Sela (another proposer) woo felt that too little weight was given to his innovative ideas to lure rrore carrpers to Seward. Garzini noted that, even if LPS had received 100% of the possible points awarded for Schedule A, Andrijanoff would still have carre out the "winner" because of the arrount of IfOney he agreed to pay the city for the right to collect the fees. (Andrijanoff agreed to pay the city $15,000; LPS agreed to pay $10,500 plus a percentage of the carrper fees after the first 10,000 fees were collected. ) Garzini also stated that he trusted the integrity of the city employees who evaluated the proposals and agreed with their recomrrendation. Garzini further stated that Andrijanoff naturally had an advantage in bidding since he had "created the system" for fee collection in Seward, adding that Herma.n Leirer has a similar advantage when the city requests proposal for garbage pick-up and disposal. M=ehan stated that the Millers had put together an attractive proposal. He added, however, that the three city evaluators were qualified to evaluate the proposals and had done so honestly and fairly. He also stated that there was no reason for the Council to doubt Andrijanoff's integrity in handling his previous contract with city. Hilton stated that he had been on the Council since the tine when the city had no carrpground ma.nager. At that tine enforcerrent of the 14-day carrping limit had been impossible. Since Andrijanoff began ma.naging the carrpgrounds, he had seen a noticeable inproverrent. Hilton stated that the Council seerred to be questioning the ability of the city staff to evaluate the proposals and added that if this evaluation was within the scope of duties of the staff, the Council should not be undennining their authority or integrity. He noted that LPS appeared to have an inpressive proposal, but, speaking from personal experi- ence, he knew that Andrijanoff had done a good job of cleaning up the city's carrpgrounds. He recorrrrended approval of the contract award to Andrijanoff and a review of the RFP process before the contract is bid again. Noll stated that he could not understand the city's light attitude concerning record-keeping. He noted that the statistics from the contractor's records would be a valuable 114 CLAIM FOR DAMAGES: (Claim approved/ J.Kelly) PAGE 114 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 planning tool for the city, the Planning Comnission and the Chamber of Corrnerce. Booher suggested that the city develop a contract with a local nonprofit group to ma.nage the carrpgrounds next year; Dunham concurred. THE QUESTION WAS CALIED AND THE MJI'ION TO AWARD THE CONTRACT FOR CAMPGROOND MANAGEMENI' SERVICES TO DALA ANDRIJANOFF WAS APPROVED WITH FOOR "YES" VOI'ES AND DUNHAM, NOLL AND SIMUI'IS VOTING "NO". E. BOOHER MJVED TO APPROVE PAYMENT FOR DAMAGES TOI'ALLING $179.52 TO JOSEPH KELLY; THE MarION WAS SECONDED BY HIL'ION AND CARRIED UNANIMJUSLY. (April 7, 1987, rrerrorandwn from Parks and Recreation Departrrent Director Judi Andrijanoff noted that Mr. Kelly's personal vehicle had been struck by the city van driven by Mick Sela during a Nordic Ski Club trip on Febru- ary 21, 1987.) XII. CITY MANAGER REPORI'S: Garzini stated that Jon Andrews had expressed an interest in selling the "Old Andrews Building" located just south of the Fire Hall to the city. He requested Council's approval to begin negotiations with Andrews and to schedule a public hearing for the next rreeting. There was no objection fran the Council. Peirson distributed copies of the FY 1986 city audit and stated that a presentation would be made to the Council at a later date. XIII. COUNCIL DISCUSSION: DUNHAM stated that she wanted Peirson and the other !lEIllbers of the city's evaluation team for the campground ma.nage- rrent contract to know that there was nothing personal intended in any of her rema.rks. BOOHER requested a resolution to direct the adminis- tration to develop an agreerrent with nonprofi ts to ma.nage the city's carrpgrounds. GIESELER stated that the Council had rret with Alaska Railroad officials and representatives of groups working with and around the railroad. He noted that the city of Whittier had passed a resolution similar to the one the city had approved requesting that Cato establish an interim corrroittee to address the treatIrent of railbelt conmmities by ARR. Mat-SU and the Fairbanks North Star Borough are expected to follow suit with resolutions of their own. I I I 115 PAGE 115 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 NOLL stated that the approach taken by ARR representa- tives at the neeting had not been fair and honest. He en- couraged the Council to actively pursue the issues which have been raised concerning ARR. XIV. CITIZENS' DISCUSSION: BOB VALDATTA, Seward, stated that his request for a prebid conference on the carrpground ma.nagerrent contract had been denied. JOHN GLASSER, Woodland Hills Estates, stated that the issue of school funding was just beginning to cone to the surface. He also urged the Council to address the local bidder preference issue i1rmediately. WILLARD DUNHAM, Forest Acres, asked that the Mayor issue a proclama.tion to the Alpha/Helix crew in recognition of the national award which it has received. Dunham also stated that the city needs to address the local bidder preference issue so that local contractors get the treatIrent they deserve. On the issue of the carrpground ma.nagerrent contract, Dunham asserted that all bidders had not been privy to the sane informa.tion. He also stated that he was disturbed to hear that the city is interested in purchasing the Andrews property. He noted that the downtown "core" area of the city is quite sma.ll. Purchase of the Andrews property by the city would ma.ke his (Dunham's) parcel (adjacent to the Andrews property) the only rema.ining private holding on the block. Dunham noted that he, too, had attended the Friday rreeting with ARR officials, adding that sorrething posi ti ve had cone for this exchange. MAY DOOIEY, 2508 Cedar Street, stated that she and her husband had bid on the carrpground ma.nagerrent contract. She stated that the proposals were not accurately evaluated and clained that Andrijanoff had defaulted in the perfonnance of his last contract by not filing the required rronthl y reports. She also urged the Council to consider leasing the greenbelt area to a private contractor in return for upgrading of the area by the lessee. LES DOOIEY, 2508 Cedar Street, stated that he had atterrpted to acquire sales tax informa.tion from the Borough and had been denied the informa.tion. He also stated that he felt the evaluation of the canpground ma.nagerrent proposals were not conducted fairly. MARrY GROSSMAN, Fourth of July Canyon, offered his help to the city in developing an operational plan for nonprof- its to ma.nage city carrpgrounds. SHERRY MILLER, Lowell Point, stated that she would be donating the LPS operational plan to the Senior Citizens if that group is interested in ma.naging city carrpgrounds. 116 L PAGE 116 REGULAR MEEI'ING - APRIL 13, 1987 VOLUME 22 BRUCE SIEMINSKI, Jesse Lee Heights, stated that he was disappointed that MEm:D did not get the bid for the security fence at Lowell Canyon Diversion Darn. SCOTT SMITH, Mile 6. 5, Seward Highway, stated that he would like to see a rrore equitable evaluation process when the carrpground ma.nagerrent contract is bid again. He also urged the city to develop a local bidder preference ordinance. xv. COONCIL AND ADMIN. RESPONSE TO CITIZENS' CCM1ENTS: GIESELER stated that the Council would have preferred to give the security fence contract to MEm:D, but was prevented by law from doing so. He once again stated that a local bidder preference ordinance would be prepared for introduction at the next Council rreeting. B<X>HER stated that it is easy to blarre the legislature or the governor for the lack of funding for schools, but when everyone is asking for support for local services, such as SLAC, day care, etc., it is difficult to know where the ccmnunity's priorities lie. He added that he agreed that schools and education should be our first priority, but stated that we should begin to decide what we don't want. MEEHAN stated that he, too, would like to see a local bidder preference ordinance introduced at the next Ireeting. SIMUrIS urged the administration to begin the RFP process for carrpground rranagerrent earlier in the future. XVI. ADJOURNMENI': The Ireeting was adjourned at 10: 00 p.m. ~.c~<_~ . Giese er Ma: r ....'.... " . '.' L " .....').~ I I I 117 PAGE 11 7 SPECIAL MEEI'ING - APRIL 16, 1987 VOLUME 22 I. CALL TO ORDER: The April 16, 1987, special meeting of the Seward City Council was called to order at 12:07 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREM)NY: Counci1.rrember Booher led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Counci1.rrembers B0o- her, Dunham, Hilton, and r-Eehan (Counci1rrerrbers Noll and Sinutis were absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and City Clerk Murphy IV. APPROVAL OF SPECIAL MEEI'IN; AGENDA: MEEHAN MJVED TO APPROVE THE SPECIAL MEEI'ING AGENDA AS PRESENTED i THE MarION WAS SECONDED BY HILTON AND CARRIED UNANI- MXJSLY. V. SPECIAL ITEM: A. HIL'ION MJVED TO MEEI' IN EXECUTIVE SESSION IMMEDI- ATELY FO:LLCW[NG THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS CURRENT LITIGATION; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIMJUSLY. VI. CCXlNCIL DISCUSSION: VII. CITIZENS' DISCUSSION: VIII. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' COMMENTS: IX. ADJOURNMENT: The meeting was adjourned at 12: 10 and the Council went irn:rediatel y into executive session to discuss current litigation. ~E4~~'~ ry eseler l'1ay ",'Ii r ~~] i: . .f , (Citx. Seal)" ... : J./ . ....... ,,}'-,/.. .~.i , "....~ go. 1 .......... . .'~;- .~"" . :>' -c..' j' ..,,_ .....' '? (, I . .< r: OF ,.\..~. -( ..:.:~~.~~_~.f' 118 PAGE 118 SPECIAL MEETING - APRIL 23, 1987 VOLUME 22 I. CALL 'IO ORDER: The April 23, 1987, special meeting of the Seward City Council was called to order at 12:05 p.m. by Vice Mayor Michael J. ~ehan. II. OPENING CEREM:>NY: Councilnember Hilton led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor ~ehan and Councilnembers Booher, Hilton and Sinutis Mayor Gieseler and Councilnembers Dunham and . Noll were absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and City Clerk Murphy IV. APPROVAL OF SPECIAL MEEI'ING AGENDA: HILTON MJVED TO APPROJE THE SPECIAL HEETING AGENDA AS PRESENTED; THE MarION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. V. SPEX::IAL ITEM: BOOHER MJVED TO MEET IN EXECUTIVE SESSION IMHEDIATELY FOLI.CMING THE CLOSE OF REGULAR BUSINESS IN ORDER 'IO DISCUSS CURRENT LITIGATION; THE MJI'ION WAS SECrnDED BY SIMUTIS AND CARRIED UNANIMJUSLY. VI. COUNCIL DISCUSSION: VII. CITIZENS' DISCUSSION: VIII. COUNCIL AND ADffiN. RESPONSE TO CITIZENS' CCM1ENTS: IX. lIDJOtlRNHENT : The meeting was adjourned at 12:07 p.m. and the Council irrrrediatel y went into executive session in order to discuss current litigation. ~~/ H~chael J. Meehan Vlce Mayor 1: , <' .:~ ,: ,'" . , (OJ.... ~ ' '"' ',"."~ < "J,..' ,'.L~'i:l ";) \i' '.....; ",~..' ~'ff;"~)~ . ';;'~4IE 'OF' 'p..\.~' ~litl.W:roJ1' . 0 I I I PAGE 119 SPECIAL MEETING - APRIL 23, 1987 VOLUME 22 I. CALL TO ORDER: The April 23, 1987, special rreeting of the Seward City Council was called to order at 12:55 p.m. by Vice Mayor Michael J. Meehan. II. OPENING CEREM:)NY: the flag. CounciJ..rrernber Simutis led the pledge of allegiance to III. ROLL CALL: Present were: Vice Mayor Meehan and CounciJ..rrernbers Booher, Hilton and Sinutis Mayor Gieseler and CounciJ..rrernbers Dunham and Noll were absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer and City Clerk Murphy IV. APPROVAL OF SPECIAL MEEI'ING AGENDA: HILTON MJVED TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENl'ED; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIM)USLY. V. SPECIAL ITEM: SIMUTIS MJVED 'ID AUI'HORIZE GORDON TAMS 'ID SIGN A SEI'TLEMENI' AGREEMENI' WITH VECO, INC., ON BEHALF OF THE CITY OF SEWARD; THE MJTION WAS SECONDED BY HILTON AND CARRIED UNANIMJUS- LY. VI. COUNCIL DISCUSSION: VII. CITIZENS' DISCUSSION: VIII. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTs: IX. ADJOURNMENT : The Ireeting was adjourned at 12: 57 p.m. "''0~ ~ MichaelJ. Mee~ Vice Mayor : ~ to: -': ~ '- ~ . " ' . ./J '. -cf~> ' . "" 1;r ~}"lS").. . .:';".t.:~ i, ....' ~'f":'>Y '2'<;J~lC'(;F' .~\..~o "<.(<an;rr;:rXn..' r:~ LITIGATION: (Veca ~ City settlement agreement apprvd) PAGE 120 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 I. CALL TO ORDER: The April 27, 1987, regular ITEeting of the Seward City Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: the flag. Councilrrember Hilton led the pledge of allegiance to III. ROLL CALL: Present were: Mayor Gieseler and Council.1rerrbers Doo- her, Hilton, M=ehan, Noll and Simutis (Councilrrember Dunham was absent with Council consent) Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy IV. SPECIAL ITEM: A. Gieseler introduced Junior Councilrrember Kate Heflin and presented her with a city pin. IV. APPROVAL OF MINUTES: SIMUTIS MJVED TO APPROVE THE APRIL 13, 16, AND 23, 1987, MINUTES AS ~JRITl'EN; THE MarION WAS SECONDED BY B<X>HER. Hilton noted that Page 106 of the minutes (April 13, 1987) stated that Booher both "rroved" and "seconded" the rrotion for approval of the consent calendar and regular Ireeting agenda. Murphy stated that she would refer to the tape and correct the minutes accordingly. THE QUESTION WAS CALLED AND THE MJI'ION TO APPRO\7E THE MINUTES AS AMENDED CARRIED UNANIIDJSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: Garzini introduced Torn Klinkner of Wohlforth, Flint and Gruening, bond counsel for 1:he city, to the C'..ouncil. Gieseler requested the additioE of new Agenca Item No. xrG - Award of a contract for shiplift civil work - to the regular rreeting agenda. He also noted that a substitute pro- posed Resolution No. 87-025 had been distributed to the Council and was available for the public. l'1EEHAN MJVED TO APPROVE THE HEGULAR MEf:'l'ING l\CFJ'TF. 1,[, NTlTll, AM) 'nJ" Cn:::Tl1'T' C'lJJ1'I:,',l,; AS PI(F[T'l:'TT'D; TIT r;(~Ia~ hAS I I I I L PAGE 121 REGUIAR MEEI'ING - APRIL 27, 1987 VOLUME 22 SECONDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions -were taken: 1. April 16, 1987, invoice from Wiley, Rein & Fielding for legal services rendered February-March 1987 relative to translator service and 'N rule-ma.king and totalling $352.22, was approved for payment and filed; 2. December 1986 invoice from HTGP&B for legal services totalling $13,869.23, was approved for payment and filed; 3. March 1987 invoice from Baily and M3.son for legal services relative to the Bradley Lake contract totalling $1,143.75, was approved for payment and filed; 4. payable filed; March 1987 Finance DepartIrent' s list of accounts totalling $703,995.49, was approved for payment and 5. Request for encroachrrent onto city right-of-way in front of the residence located at 1011 Second Avenue as filed by Bill and Karen Glenn to construct a walkway over a culvert ditch was approved and filed subject to the following conditions: 1. Walkway must set back as far as possible; 2. Walkway must be clearly ma.rked with a handrail; 3. Walkway must not be perma.nently fastened; 4. City must not be held liable for any dama.ge that might occur to the walkway in its culvert ma.intenance, snow rerroval or street ma.intenance; 5. City rrust be indemnified from any claims result- ing from the construction of the walkway; and 6. Property owners must rerrove the walkway, or pennit the city to rerrove the walkway, if necessary to allow ma.intenance of the ditch or road, or to install utilities along the road (cost of rerroval to be borne by the property owner) ; 6. Request for a grant totalling $500 as filed by the Seward Federated WJrren's Club for its 1987 "City Beautification Program" was approved and filed; 7. April 23, 1987, rrerrorandwn from Murphy requesting cancellation of the second rreeting in May (May 25, M;:m)rial Day), was approved and the ITeeting was cancelled; 8. April 21, 1987, trip report as filed by Councilrnernber Noll regarding his April 15, 1987, trip to Juneau to attend the Alaska Conference of Mayors Ireeting for Mayor Gieseler was noted for informa.tion and filed; and 9. Proclama.tion designating the rronth of M3.y 1987 as "Litter Prevention and Clean-Up Jl.bnth" and May 9, 1987, as "Super Saturday" was noted for informa.tion and filed. C .ATTY: (pymt of legal services-TV) C.ATTY: (pyrnt. of legal services) C.ATTY: (pymt. of legal services Bradley Lake) ACCTS. PAYABLE: ENCROACHMENT: (Walkway enc. ap- proved) GRANTS: (Womens Clb grant for city beautification ap- prvd.) C.COUNCIL: (05/25 meeting cancelled) PROCLAMATIONS: (Super Saturday) PAGE 122 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 VI. BOROUGH ASSEMBLY REPaRI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall reported on the progress of Borough budget hearings. . . ~ VII. PUBLIC HEARINGS: PUBLIC HEARINGS: (FY88 budget) A. Notice of public hearing as posted and published by law was noted and the public hearing relative to the proposed FY 1988 city operating budget was opened; no one appeared in order to be heard and the public hearing was closed. Garzini stated that there will be at least one rrore public hearing and possibly a work session on the budget prior to its adoption. PUBLIC HEARINGS: B. Torn Klinkner of Wohlforth, Flint and Gruening, (Prison refinance)bond counsel for the city, briefly reviewed the terms of the refinance of the prison certificates of participation. He also noted an April 27, 1987, letter fran Don Grines, Vice President of First South.vest Corrpany, the city's financial advisor, which outlined the refinance process. Klinkner stated that two changes in the refinance docurrents had been made since the original docurrents had been distributed to the Council. First, the certificates of participation would be repaid from an escrow account which would be set up by Ford r-btor Credit Corrpany, providers of the refinancing. Ford r-btor Credit Corrpany would then becorre assignee of the lease between the city and the state of Alaska. He noted that the refinance package would no longer contain a deed of trust, adding that Section 3-11 of the new lease (Page 24) would take the place of the deed of trust. J In response to a question from Hilton, Klinkner stated that the nonappropriation clause would be included in the new lease guaranteeing nonrecourse to the city if the state fails to fund operation of the prison. He added that the current lease would be in effect until all parties have signed the new lease. Klinkner also noted that under the terms of the assignrrent of lease, Ford r-btor Credit Corrpany would have the authority to find a new lessee or, in the event a lessee could not be found, a buyer for the subject property, should the state renege in its ooligation to lease the property through the term of the refinancing package. Garzini stated that the probability of this occurring was very rerrote given the fact that a failure on the part of the state to perform under the terms of the lease would destroy the credit worthiness of the state, and in all probability, the credit worthiness of all political subdivisions of the state. Garzini noted that refinancing the certificates of participation would save the state serre $15 million over a 20-year period and would result in an additional construction contingency of approxima.tely $800 thousand. -. I " I I I PAGE 123 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 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. C. Notice of public hearing as posted and published by law relative to the proposed purchase of Lots 23-24, Block 16, Original Townsite of Seward, from Jon Andrews, for the appraised fair ma.rket value of $63,000, said property to be held by the city for public purposes, was noted. The public hearing as opened; no one appeared in order to be heard and the public hearing was closed. D. Notice of public hearing as posted and published by law relative to the proposed lease of Small Boat Harbor Boardwalk Lease Site No. 5 to Michael M::Kern, dba Captain Hook's Charters, was noted. The public hearing was opened; no one appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. SUSAN FERGUSON, representing city auditors Hendrix and Esslinger, presented the council with a brief overview of the financial staterrent and audit for the fiscal year ending June 30, 1986. She noted that the report included Seward General Hospital activity for the first tine. Referring to the ma.nagerrent letter, Ferguson stated that all prior year items which had been noted as needing attention or revision had been rerredied, with the exception of a large mnnber of Harbor receivables which were over 90 days delinquent. She added that this would probably continue to be a problem. Ferguson stated that she would like to see the city write off delinquent ac- counts receivable on a yearly basis, noting that this was last done in 1983. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. public, Gieseler entitled: Copies having been IPade available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 10.8(C) OF THE CITY CODE TO ALLCW FOR A LOCAL BIDDER PREFERENCE. MEEHAN MOVED TO INTRCOUCE PROPOSED ORDINANCE NO. 588; THE ~ION WAS SECONDED BY HILTON. Simutis asked Arvidson if it was wise to have a prov~s~on in the code that stated that the city could reject "any and all bids" without inserting the phrase "for cause". Arvidson replied that it is in the best interest of the city to 123 PUBLIC HEARINGS: (Purchase of An- drews Bldg-OTS) PUBLIC HEARINGS: (Brdwlk lease site no. 5-H.McKern) AUDIT: (FY86 pres- entation) 124: PERSONNEL/ORD: (Action post- poned) PAGE 124 REGUIAR MEEI'ING - APRIL 27, 1987 VOIlJME 22 have the latitude to "bail out" of a bid process at will, although he cautioned that this option should be avoided if at all possible. In response to a question from Booher concerning the boundaries of the Seward Electrical Utility Service Area (the "local" area referred to in the ordinance), Garzini stated that it included lcMell Point and extended to Mile 26 on the Seward Highway. THE QUESTION WAS CALLED AND THE MJI'ION 'IO INTRODUCE ORDINANCE NO. 588 CARRIED tJNANll.OJSLY. Public hearing was set for May 11, 1987. 2. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance enti- tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 2-10 (E) OF THE CITY CODE RELATING TO EXECUI'IVE SESSIONS. MEEHAN MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 589; THE MarION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMXJSLY. B. Ordinances for Public Hearing and EnactIrent: 1. Copies having been made available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF 'IRE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTIONS 17-5.3 AND 17-6.7 OF 'IRE SEWARD CITY CODE RELATIVE TO JOB ANNOUNCEMENTS AND TEMPORARY APPOINT- MENTS. Notice of p..1blic 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. SIMUrIS MJVED 'IO ENACT PROPOSED ORDINANCE NO. 587; '!HE MJI'ION WAS SECONDED BY HILTON. Hilton objected to new section 17-6.7 (a) which would allow the re-employrrent of seasonal/terrporary employees, without advertising the position, on the recornrendation of the departIrent head and the approval of the city ma.nager. He stated that this would open the city up to criticism and perpetuate the "tight little family" ima.ge. Garzini stated that the purpose of this new section was to eliminate the need to advertise a temporary or seasonal position, and have hopeful applicants apply for a position, when the departrrent head has known from the beginning that he intends to hire last year's seasonal employee. In response to a question from Booher, Garzini stated I I I PAGE 125 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 that the recruitIrent requirerrents would be followed if the departIrent head did not recoITIrend the rehire of a fonrer employee. HILTON MJVED TO POSTPONE ACTION ON THE ORDINANCE UNTIL THE MAY 11, 1987, MEEI'~; THE IDI'ION WAS SOCONDED BY SIMJ'I'IS AND CARRIED UNANIMJUSLY. RECESS: The Ireeting was recessed at 8:45 p.m. and reconvened at 8:57 p.m. C. Resolutions: 1. Copies having been ma.de 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, REQUESTING THAT THE STATE OF ALASKA WITHDRAW ITS LANDS SELECTIONS UNDER THE NATIONAL FOREST LAND SELECTION PROGRAM FOR NarrNATIONS WITHIN THE RESUR- RECTION RIVER VALLEY ALONG EXIT GLACIER ROAD. SIMUrIS MJVED TO APPROVE RESOLUTION NO. 87-024; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMXJSLY. (April 23, 1987, rrerrorandwn from Administrative Assistant Martin reccmrended approval of the resolution.) 2. Copies having been ma.de 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, APPROVING THE DISPOSITION OF REAL PROPERTY OF THE CITY OF SEWARD KNaVN AS THE SPRING CREEK CORRECTIONAL FACILITY SITE; AUTHORIZING THE EXECUTION OF AN AMENDMENT' OF LEASE AND OF A NEW AGREEMENT OF LEASE OF SAID REAL PROPERTY BY AND BEIWEEN THE CITY AND THE STATE OF ALASKA AND AN ASSIGNMENT OF SAID NEW LEASE; AND ALSO AUTHORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE AND ASSIGNMENT OF LEASE, A CON- STRUCTION ESCRCW AGREEMENT AND A CERI'IFICATE ESCRCW AGREEMENT; AND PROVIDING FOR RELATED MATl'ERS . BOOHER MJVED 'IO APPROVE RESOLUTION NO. 87-025 (SUBSTI- 'IUI'E); THE MarION WAS SECONDED BY HILTON. Gieseler noted that the substitute resolution had been distributed to Council and ma.de available to the public prior to 125 LAND SELECTIONS/ EXIT GLACIER RD/ RESO: (W / draw city selection) BONDS/PRISON/RESO: (Refinancing documents apprvd.l 126 CAINES HEAD/RESO: (Supporting ad- ditions to CH St.Rec.Area) DEEDS/OTS/RESO: (Apprvng pur- chase of An- drews Bldg.) PAGE 126 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 the start of the rreeting and had been explained by bond counsel Torn Klinkner under public hearing. In response to a question from Hilton, Klinkner assured the Council that the city's position with regard to exposure was in no way weakened under the refinancing docurrents. He also assured the Council that the original lease between the city and the state of Alaska would rema.in in effect until execution of the new lease. In response to a question from Noll, Klinkner stated that closing would take place May 28 in Chicago, Illinois. THE QUESTION WAS CALLED AND RESOLUTION NO. 87-025 (SUBSTITUTE WAS APPROVED UNANIMOUSLY. 3. public, Gieseler entitled : Copies having been ma.de available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUPPORI' OF ADDITIONS TO CAINES HEAD STATE RECREATION AREA. HILTON MJ\lEI) 'IO APPROVE RESOLUTIrn NO. 87-026; THE IDI'ION WAS SECONDED BY SIMIlTIS. Gieseler noted that Park Ranger Jack Sinclair had provided a fact sheet on the proposed addition to Caines Head State Recreation Area including a ma.p of the proposed addition. At Gieseler's request, Sinclair addressed the Council and answered questions put to him by the Counci1.rrerrbers. He noted that title to the property would not change under his proposal. Rather, a 25-year ma.nagerrent agreerrent would be executed which would allow the Park Service to develop a trail along the coast which would allow greater access to the recreation area. In response to a question from ~, Sinclair stated that, while there is little rroney available at the present tine, federal funds may becorre available soon and, in addition, much of the work would be done by Sinclair with the help of minimum security prisoners and volunteers. THE QUESTION WAS CALLED AND RESOLUTION NO. 87-026 WAS APPROVED UNANIMOUSLY. 4. public, Gieseler entitled: Copies having been ma.de available to the noted by title only a proposed resolution A RESOIillION OF THE CITY COUNCIL OF 'lliE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF IDI'S 23-24, BLOCK 16, ORIGINAL 'ImNSITE OF SEWARD, FROM JON ANDREWS FOR PUBLIC PURPOSES. I I I PAGE 127 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 HILTON MJVED 'IO APPROVE RESOLUTION NO. 87-027; THE MJI'ION WAS SECONDED BY MEEHAN. In response to a question from Gieseler, Administra- tive Assistant Martin stated that there would be no transfer of funds or title until the existing building located on the property was rerroved. M=ehan stated that this was a "good deal" for the city and suggested that the city seed the area, put in sorre benches and ma.ke this a sma.ll park until it is needed for serre other public purpose. Hilton suggested that the lots would ma.ke a good parking area for the oversized carrpers which cause problems in the downtown area during the sumrer. BOOHER MJVED 'IO AMEND THE RESOLUTION BY ADDING THE FOI...I.CWING LANGUAGE 'IO THE END OF SECTION 2: " PROVIDING '!HE BUIIDING IS REMJVED WITHIN 90 DAYS"; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. THE QUESTION WAS CALLED ON THE MAIN MJI'ION AND RESOLU- TION ON. 87-027 WAS APPRO\1ED UNANIMJUSLY. 5. Copies having been rrade 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, AUTHORIZING THE NEG0- TIATION OF A LONG TERM LEASE OF SEWARD SMALL BOAT HARBOR BOARDWALK LEASE SITE NO. 5 TO MICHAEL G. M:KERN. B<X>HER MJVED TO APPROVE RESOLUTION NO. 87-028; THE MOTION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMCUSLY. 6. Copies having been ma.de 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, APPROVING A CONSTRUCTION AGREEMENT WITH MCCAW/ROCK SEWARD CABLE SYSTEM, INC., FOR CONSTRUCTION OF A CABLE TELEVISION SYSTEM. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-029; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. 7. Copies having been ma.de 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, APPROVING A JOINT USE AGREEMENT WITH MCCAW/ROCK SEWARD CABLE 127 LEASE/BOARDWALK/ RESO: (Apprvng lease of Site No. 5 to M. McKern) CABLE TV/CON- ~ RESO: (ConstructiOl agrrnt. w/McCaw/ Rock) CABLE TV /CON- z.c..~/ RESO: (Joint use agrrnt. w/McCaw/ Rock for use of city elec. util- ity poles) 128 FINANCE DEPT/CON- 2'l.l: (Apprvl of contract w/ FNBA for bnkg services) CON- "'Z\q CON-lll: PAGE 128 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 SYSTEM, INC., FOR USE OF CITY UTILITY POLES, RIGHTS-OF-WAY AND EASEMENTS. HIL'ION MJVED TO APPROIlE RESOLurION NO. 87-030; THE MJI'ION WAS SECONDED BY SIMtJI'IS. In response to a question from Booher, Engineering and Utilities Manager Diener explained that whenever the electrical utility acquires a new easerrent (when a new service is in- stalled), the city will coordinate with both ~/Rock as it does with General Telephone. In response to Booher's question concerning replacerrent of poles to acccmrodate the cable television company's pole requirerrents, Diener explained that if a pole is replaced because of norma.l wear and tear it has received, the city will bear the cost of replacerrent. If a pole is replaced because of a change that is required by the cable company, M:::Caw /Rock will bear the cost of replacerrent. THE QUESTION WAS CALIED AND THE MarION TO APPROVE RESOLUTION NO. 87-030 WAS CARRIED UNANIMJUSLY. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. MEEHAN MJVED TO AWARD THE FIRST NATIONAL BANK OF ANCHORAGE A ONE-YEAR, RENEWABLE CONTRACT FOR BANKING SERVICES BASED UPON THE TERMS CONTAINED IN ITS PROPOSAL DATED APRIL 6, 1987; THE MarION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUS- LY. (April 13, 1987, rrerrorandwn from Finance Director Bob Peirson recornrended award of the contract.) B. BOOHER MJVED TO APPROVE CHANGE ORDER NO. 1 IN '!HE AMJUNT OF $5,375 TO THE MEI'CO, INC., CONTRACT FOR SEWARD SMALL BOAT HARBOR BOAT LAUNCH REPAIR (DSR # 3461); THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANlMXJSLY. (April 15, 1987, rrerrorandwn from Diener reccmrended approval of the change order. ) C. SIMUrIS MJVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMJUNT OF $15,000 TO THE SHIPTECH INTERNATIONAL, INC., CONTRACT FOR OVERSIGHT OF THE SHIPLIFT TRANSFER SYSTEM CON- STRUCTION; THE MJI'ION WAS SECONDED BY HILTON. (April 20, 1987, rrerrorandwn from Diener reccmrended approval of the change order. ) In response to a question from Booher, Diener stated that Richard Salzer will review designs submitted by the con- tractor, nake recorrnendations concerning problem areas if he sees any, and ma.ke at lease one trip to Seward to look over the project. In response to another question from Booher, Garzini I I I PAGE 129 RffiULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 noted that any liability for failed design or construction would lie with the contractor. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- MXJSLY. D. HILTON MJVED TO APPROVE CHANGE ORDER NO. 1 AND NO. 2 IN THE AMOONr OF $7,139 AND $2,863 RESPECTIVELY TO THE PAC TEL COM CONSTRUCTION COMPANY CONTRACT FOR ADDITIONAL COST RELATED TO THE SPRING CREEK CORRECTIONAL CENTER SEWAGE TREATMENT PLANT DISTRIBUTION LINE CONSTRUCTION; THE MJTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMXJSLY. (April 20, 1987, rrerrorandwn from Diener recOIlIrended approval of the change orders.) E. HILTON MJVED TO AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT TO D & L CONSTRUCTION CO., INC., IN THE AMJUNT OF $28,518, PLUS A CHANGE ORDER CONTINGENCY OF $2,900, FOR A TOI'AL PRa:JB:T AMJUNT OF $ 31,418, FOR SMALL BOAT HARBOR STORM DAMAGE RESTORATION DREDGING (DSR #3461); THE MarION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMJUSLY. (April 20, 1987, rrerrorandwn from Diener reCOllIlended approval of the contract award to D & L Construction. ) F. MEEHAN MJVED TO APPROVE THE ISSUANCE OF 'lW) TAXICAB PERMITS 'IO DIANE RIVERS, DBA YELLCW CAB, UPON RECEIPT BY THE CLERK OF COMPLEI'ED AND APPROVED VEHICLE INSPECTION REPORI'S AND PROOF OF CERTIFICATES OF INSURANCE AS REQUIRED BY THE SEWARD CITY CODE; THE MJI'ION WAS SECONDED BY BCX)HER. (April 22, 1987, rrerrorandwn fran Murphy recornrended approval of the permits as requested. ) Garzini noted that when the taxicab code was over- hauled two years ago, the Council decided that it would no longer put any restraints on the operation of vehicles for hire within the city so long as code provisions (insurance, vehicle safety, licensing of drivers) are Iret by an applicant. In response to questions fran Gieseler, Diane Rivers stated that her base of operations would be located at Mile 3. 5, Seward Highway, adding that taxicabs not responding to a call would be parked at her Mile 3.5 residence. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- M:XJSLY. G. HILTON MJVED TO AWARD A CONTRACT 'IO UNDERWATER/ SWALLING JOINI' VENl'URE FOR SHIPLIFT CIVIL WORK, PROJECT NO. 07-01-2904, IN THE AMJUNT OF $1,307,000, PLUS A CHANGE ORDER CONTINGENCY OF $59,000, FOR A TOI'AL PROJECT AMOUNT OF $1,366,000; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMCVSLY. (April 27, 1987, rrerrorandwn from Diener noted that funding for the project was available from newly released EDA funds, city funds and state grant rronies.) XII. CITY MANAGER REPORI'S: 129 CON- ~: FLOOD CONTROL/ SBH/CON-~: (Award of con. to D & L for SBH dredging) PERMITS: (Taxicab permits issued to D.Rivers, dba Yellow Cab) SHIPLIFT/CON-~: (Award of con. to U/S for shiplift civil work) 130 PAGE 130 REGULAR MEEI'ING - APRIL 27, 1987 VOLUME 22 Garzini stated that he had been approached by the Mayor and City Manager of Fairbanks concerning a renewal and revitalization of the Seward/Fairbanks Connection. They have suggested a joint council rrEeting SOIretine this surrrrer. Garzini also stated that he is proud of the efforts put forth by the city staff in putting together the FY 1988 budget. He noted that the new budget is roughly $20 thousand rrore than the budget he had inherited when he carre to Seward in 1982. He added that city employrrent has not grown the way employrrent in other governrrents around the state has. He suggested that the Council hold a work session prior to the May 11 rreeting to review the budget. The consensus of the Council was to conduct the session beginning at 11: 30 a.m., M:mday, May 4. XIII. COUNCIL DISCUSSION: MEEHAN suggested that the Seward Life Action Council (SIAC) Board of Directors Ireet with the Camnmity Hospital Board during the hospital budget work session to detennine if excess sales tax revenues not appropriated to the hospital could be granted to SLAC. Garzini noted that $200 thousand of sales tax revenues have been allocated to the hospital budget for FY 1988. This figure is less than the anticipated revenue generated by the one percent (1%) tax generally passed on to the hospital. Excess sales tax revenues have been allocated to the city's general fund to help nake up the anticipated shortfall in state revenue sharing. GIESELER noted that Saturday, May 9, has been pro- clairred "Super Saturday" and urged everyone to join in the borough-wide effort to clean up the borough's conmmities and roadways. He challenged the Council with a promise that he would pick up 2 bags of litter for every one bag collected by each counci1rrember on an individual basis. XIV. CITIZENS' DISCUSSION: BOB VALDATTA, Seward, stated that he appreciates having access to the public agenda packet which is ma.de avail- able in City Hall prior to each council rreeting. Valdatta also asked why the city was not involved in the state's Trade Alaska program. WALTER CHRISTOLEAR, Apartrrent No.6, Brown & Hawkins Apartrrents, stated that the Lechner building is for sale and suggested that the city purchase it for a musewn site. He also noted that he has forrred a nonprofit corporation for his "Drive- a-Drunk" program and would be back on the road this surmer. Christolear also suggested that the Council consider cutting city employee salaries as the city of Soldotna has done. xv. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: I I I - "1 <; -. [... PAGE 131 REGUIAR MEEI'ING - APRIL 27, 1987 VOLUME 22 B<X>HER stated that if one compared city of Seward salaries to those being received by city of Soldotna employees, one would probably find that the pay in Seward is lower. NOLL responded to Valdatta' s COIT1llEnts about the Trade Alaska Program. XVI. ADJOURNMENT: The Ireeting was adjourned at 10: 07 p.m. .- .,-, . '.. .if . ~f.~~' -~: t~'~; 1, ~~~?<. . \'" /1 ->c'",. ....... <;~+-./,r ..~.:I Ii: r. ~ ^. \ ,\'. ~ "J" r :(;'~)....:" \.,r ,..... - _ \ . ''-':~<<znD:rrr ---------------------------------------------------------------- PAGE 131 REGULAR MEEI'ING - MAY 11, 1987 VOLUME 22 I. CALL TO ORDER: The May 11, 1987, regular rreeting of the Seward City Council was called to order at 7: 30 p. m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: CouncilIrember Dunham led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and CouncilIrembers Booh- er, Dunham, Hilton, ~ehan, Noll and Simutis Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: 132 PAGE 132 REGULAR MEEI'ING - MAY 11, 1987 VOLUME 22 BCXlHER MOlED TO APPROVE THE APRIL 27, 1987, MINUTES AS WRITTEN; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANI- MJUSLY. V. APProvAL OF CONSENT CALENDAR & REX;ULARMEEI'ING AGENDA: MEEHAN MJVED 'IO MEEI' IN EXECUTIVE SESSION IMMEDIATELY FOI.J.CWING THE CLOSE OF REGULAR BUSINESS IN ORDER 'IO DISCUSS MATTERS UNDER LITIGATION AND MATTERS THE IMMEDIATE KNCMLEDGE OF WHICH MIGHT ADVERSELY AFFECT '!HE FINANCES OF '!HE CITY; THE MJI'ION WAS SECONDED BY HIL'IDN AND CARRIED UNANIMJUSLY. Garzini requested the following additions to the consent calendar: No. 7 -- Proposed Resolution No. 87-037, approving a rescue support agreerrent between the Alaska State Troopers and five North Gulf Coast cormrnmities, including Seward; and No. 8 -- Request to approve a sublease of a portion of Block 8, Oceanview Subdivision (RE-013) from Harold Johnson to Kenai Fjords Tours, Inc. Garzini also asked to delete Agenda Item No. IX(C) (5). Gieseler requested the addition of a new Item No. VIII (C) - Presentation by Dale Clerrens relative to a proposed boardwalk along the Lagoon. Gieseler also noted that Kevin O'Connor (Agenda Item No. VIII (A)) would testify under the budget public hearing rather than under Citizens' Discussion. SIMUI'IS M)VED TO APPROVE THE REGULAR MEm'ING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions were taken : INDUS. DEV. /RESO: 1. Resolution No. 87-031, supporting environrrentally responsible oil and gas exploration, developrrent and production within the boundaries of the Arctic National Wildlife Refuge, was approved and filed; ACCTS. PAYABLE: 2. April 1987 Finance Departrrent' s list of accounts payable totalling $948,349.71, was approved for payrrent and filed; OTS /ENCROACHHENTS: 3. May 5, 1987, rrerrorandwn from Administrative Assistant Martin recornrending approval to continue encroachnents onto city right-of-way of a structure located at Lots 30, 31, and the South 1/2 of Lot 32, Block 11, Original Townsite of Seward (220 Second Avenue), to continue for the life of the structure, was noted and the encroachrrent as requested by Mike and Donna Derrchenko was approved as requested; I I I PAGE 133 REGULAR MEID'ING - MAY 11, 1987 VOLUME 22 4. Change orders for prison construction were noted for informa.tion and filed as follows: smvHAN CONTRACI' - CO #51 - replacing top hinged windows at 4 locations at the guard tower (+$7,000); SAMVHAN CONTRACT - CO #52 - providing all equiprrent, ma.terials and labor to install structural revisions, sections lA, 2A, 3A, and 4A (+$11,683); and ZUBECK, INC. CONTRAC1' - CO #1 (Water Utility) providing all ma.terials, equiprrent and labor to construct second water utility connection to the 8" diarreter for fire flow at the west entrance (+$23,781); 5. R. W. Beck Cost of Service Study and Rate Analysis and accompanying May 7, 1987, rrerrorandwn from Engineering and Utilities Manager E. Paul Diener were noted for informa.tion and filed; 6. May 7, 1987, Engineering Activities Report as filed by Engineering and Utilities Manager Diener was noted for informa.tion and filed; 7. Resolution No. 87-037, approving a rescue support agreerrent between the Alaska State Troopers and five North Gulf Coast conmmities, including the city of Seward; was approved and filed; and 8. Request for sublease of RE-013 (Portion of Block 8, Oceanview Subdivision) fran Harold Johnson to Kenai Fjords Tours, Inc., was approved and filed. VI. BOROUGH ASSEMBLY REPORT': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: A. Notice of public hearing relative to the proposed Fiscal Year 1988 city operating budgeted as posted and published by law was noted and the public hearing was opened. KEVIN O'CONNOR, Kirkwood Apartrrents, Bruno !bad, president of the Seward Charrber of Canrrerce, stated that the Chamber would like sorre assistance fran the city for its ccmnu- nity developrrent program. He stated that the Chanber would like to continue to strongly support tourism within the ccmmmity and would like to request a portion of the sales tax to provide the incare for its prarotion of tourism. He stated that, after listening to Garzini' s budget presentation at the last Chanber rreeting, the Board recognized that it was probably not feasible at this tine for the city to dedicate a percentage of the sales 133 CON- \<::;~ : CON - \ 5 9 : CON- 7.01 ELEC. DEPT: (Rates) CON -Z.\'3 RESO/CON- Z4Cf / PUBLIC SAFETY: RE- (Oceanview Sub) PH (Budget--FY88) 134 PAGE 134 REX;ULAR MEEl'ING - MAY 11, 1987 VOLUME 22 tax to the Chanber. As an al ternati ve, the Cha:rrber was request- ing a $15,000 lurrp swn appropriation fran the city for FY 88. Gieseler stated that, while rronies were not available at this tine, if sales tax revenues exceed what has been pro- jected, the city could look at appropriating funds to the Chanber in the Fall. Simutis stated that prior to coming to the ci ty requesting a grant, the Charrber should be prepared to present a financial staterrent and a proposal to the city justi- fying the request. BOB VALDATTA, 528 Fifth Avenue, stated that excess sales tax revenues should be given to the Chamber of Corrnerce. No one else appeared in order to be heard and the public hearing was closed. B. Notice of public hearing relative to the proposed Fiscal Year 1988 Seward General Hospital operating budget as posted and published by law was noted and the public hearing was opened. AL LAMBERSON, Mile 6.3, Seward Highway, president of the Ccmnunity Hospital Board, noted that the proposed budget showed a slight increase which would be offset by an increase in rates. The increase in projected sales tax revenues would be offset by a decrease in the arrount of state revenue sharing which the hospital expected to receive. BOB VAIDATTA, 528 Fifth Avenue, stated that the Council should approve a resolution supporting state insurance coverage for veterans, comrrercial fisherIren and boaters. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. DELETED B. SHERRIE MIILER, representing Lowell Point Ser- vices, asked the Council to rescind its prior action to award the cartpground ma.nagerrent contract to Dala Andrijanoff. She contended that Andrijanoff had falsified statistics, that his auto policy and proposal contained false staterrents, and that transfer of the ma.nagerrent of the contract to the Finance Departrrent benefited no one but the Andrijanoffs. She also clairred that she had received nurrerous conplaints fran campers about Mr. Andrijanoff and stated that Ms. Andrijanoff would benefit by not passing on complaints she might have received (as Parks and Recreation Dept. Director) to the city ma.nager. Miller also contended that other bidders (other than Andrijan- off) were not privy to equal infonnation. She also clairred that the city clerk had not properly "starrped in" Andrijanoff's I I I 135 PAGE 135 REGUIAR MEETING - MAY 11, 1987 VOLUME 22 proposal and asserted that Andrijanoff did not write his own proposal. In addition, Miller clained that the city's rating team had not fairly rated the proposals. Miller stated that if Council did not rescind the contract, she would seek an injunc- tion to stop Andrijanoff fran perfonning under the contract until the courts could decide the issue. She added that the Council could either rescind the contract and rebid it, or could rescind the contract and award to Lowell Point Services. In the event the contract was awarded to Lowell Point Services, she stated that LPS would turn the contract over to the Senior Citizens. Deputy City Manager Schaeferrreyer stated that the Mninistration's recamendation remained unchanged. He stated that the process as set forth in the RFP had been followed and that Andrijanoff had submitted all of the docurrents required by the RFP. M:!ehan suggested that the Mayor, the Administration and the Attorney investigate Miller's allegations and report back to the Council. Booher and Dunham stated that they were disappointed that Council was required to act on the contract right away without tine to postpone action until claims ma.de by the Millers could be investigated. In response to a question from Hilton, Schaeferrreyer stated that the administration requested action at the April 13 Ireeting so that the contractor could arrange for insurance and bonding and could order supplies needed to start operating by May 15. Garzini stated that he looked forward to rendering the city's position on this contract in writing. He stated that he did not question the integrity of Schaeferrreyer, Diener or Peirson (city rating team). He added that Ms. Miller had misquoted him twice in her earlier presentation and he objected to having to defend himself and the administration in the environrrent created by Miller. Simutis stated that the tine factor really annoyed her since it was now too late to rebid. However, she stated that the Council should investigate the allegations ma.de by Miller. Arvidson stated that he would arrange for an indepen- dent investigator to review the RFP process and the specific allegations made by Miller and would have a report prepared for the Council as soon as possible. C. DALE CLEMENS, Sma.ll Boat Harbor, stated that he had been approached by several wonen and had been asked to do sc:JJrething at the lagoon to keep the geese off the highway. He noted that, since the U.S. Navy is looking for a cormn.mity project in which to involve itself during the visit of the USS 136 PERSONNEL/ORD: (Job Announce- ments & Temp. Apptmts. /Re- vised) PAGE 136 REGULAR MEEI'ING - MAY 11, 1987 VOLUME 22 McKee and the USS Alaska, this would be an excellent opportunity to put in a boardwalk (similar to the one at Potter Marsh in Anchorage) along the lagoon. He stated that if the Navy provided the labor and the city took care of the permitting process, the private sector would provide the funds to purchase all ma.terials. Schaeferrreyer stated that a report would be ma.de to the Council at the next neeting. RECESS: The rreeting was recessed at 8:45 p.m., and reconvened at 9:00 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTIONS 17-5.3 AND 17-6.7 OF THE SEWARD CITY CODE RELATIVE TO JOB ANNOUNCEMENTS AND TEMPORARY APPOINT- MENT'S. Gieseler noted that public hearing on this proposed ordinance had been conducted on April 27 and that a rrotion to enact the proposed ordinance had been postponed at that neeting. SIMUrIS mIlID TO AMEND PROPOSED ORDINANCE NO. 587 BY SUBSTITUTING IN ITS STEAD PROPOSED ORDINANCE NO. 587 (S); THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIID.JSLY. THE QUESTION WAS CALlED ON '!HE MAIN MJI'ION AND ORDI- NANCE NO. 587 (S) WAS APPIDJED UNANIMXJSLY. BIDS/PURCHASING/ORD: 2. (Local Bidder public, Gieseler Preference) entitled: Copies having been ma.de available to the noted by title only a proposed ordinance AN ORDINANCE OF '!HE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 10.8 (C) OF '!HE CITY CODE TO ALI.l:1N FOR A :ux:AL BIDDER PREFERENCE. Notice of public hearing as posted and published by law was noted and the public hearing was opened. KEVIN 0' CONNOR, president of the Chamber of Cornrerce, stated that the Chamber has endorsed enactIrent of this ordi- nance . I I I PAGE 137 REGUIAR MEEI'ING - MAY 11, 1987 VOLUME 22 No one else appeared in order to be heard and the public hearing was closed. Gieseler noted a letter from the Seward Contractors Association in support of the proposed ordinance. HILTON MJVED TO ENACT PROPOSED ORDINANCE NO. 588; THE IDl'ION WAS SECONDED BY SIMUrIS. HILTON MJVED TO AMEND PROPOSED ORDINANCE NO. 588 BY INCLUDING THE PREAMBLE WHICH HAD BEEN PREPARED AND SUBMITTED BY THE CITY ATTORNEY; THE MJI'ION WAS SECONDED BY SIMUI'IS AND CARRIED UNANIMJUSLY. Arvidson explained that the preanble sets forth the Council's reasons for creating a bidder preference. THE QUESTION WAS CALLED ON THE MAIN MarION AND ORDI- NANCE NO. 588 WAS ENACTED UNANIMJUSLY. 3. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled : AN ORDINANCE OF '!HE CITY COUNCIL OF THE CITY OF SEMTARD, ALASKA, AMENDING SECTION 2-10 (E) OF THE CITY roDE RELATING 'IO EXECUTIVE SESSIONS. 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 MJVED 'IO ENACT PROPOSED ORDINANCE NO. 589; THE MJI'ION WAS SECONDED BY HILTON AND CARRIID UNANIIDUSLY. C. Resolutions: 1. Copies having been ma.de 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, ADOPTING THE CITY OPERAT- ING BUDGEI' FOR THE FISCAL YEAR BEl3INNING JULY 1, 1987. HILTON MJVED 'IO APPROVE RESOLUTION NO. 87-032; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIID UNANIMJUSLY. 2. Copies having been ma.de 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, ADOPTING THE FISCAL YEAR 137 CITY COUNCIL/ORD: (Executive Ses. Clarified) FINANCE DEPT/RESO: (Budget--FY88, Adopted) FINANCE DEPT/SGH/ ORD: (Budget--FY -sa, Adopted) 138 TEEN CENTER/RESO: (Approp. funds for remodel) PARKS/CON- 1.1.'\ / RESO: (Lowell Canyon Park, Funds approp. & Contract awarded) PAGE 138 REGULAR MEEI'ING - MAY 11, 1987 VOLUME 22 1988 BUIX;ET FOR SEWARD GENERAL HOSPITAL AND APPROPRIATING $200,000 OF lOCAL SUPPORl'. BOJHER MJ\1ED 'IO APPROVE RESOillrION NO. 87-033; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED WITH SIX "YES" VOl'ES AND HILTON ABSTAINING. (Hilton is an employee of Seward General Hospital. ) 3. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution enti tled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR REMODELING THE TEEN CENTER. SIMUI'IS MJVED 'IO APPROVE RESOLUTION NO. 87-034; THE MJI'ION WAS SECONDED BY HILTON. In response to a question from Booher, Schaeferrreyer stated that there were no other buildings owned by the city which could be converted as cheaply as the existing Teen Center. He added that with the proposed renovations, the building would last 3 to 5 rrore years. Diener stated that the work would begin as soon as school was out and that renovations would be complete 30 days following initiation of the work. THE QUESTION WAS CALLED AND THE RESOLUTION WAS AP- PROVED UNANIMJUSLY. 4. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, AUiSKA, APPROPRIATING FUNDS FOR THE la'ffiLL CANYON PARK FACILITY AND AWARDING THE CONSTRUCTION COOTRACI'. HILTON MJVED TO APPROVE RESOLUTION NO. 87-035; THE MJI'ION WAS SECONDED BY SIMUTIS. Hilton stated that the two actions appear to contra- dict one another: building a security fence to keep people out of the area, thus avoiding another accident, and building a park to attract people to the area. Schaeferrreyer stated that theepark had been Dr. Hansen I s idea (as a rrerrorial to his son). The playground equitxrent had been added by the administration during the planning stage to ma.ke the facility one that would get the rrost use. In response to a question from Gieseler, Schaeferrrey- er stated that the playground equir:nent had already been ordered, but it could be used elsewhere in the city. I I I PAGE 139 REGULAR MEEl'ING - MAY 11, 1987 VOLUME 22 B<X>HER IDlED 'IO RELCX:ATE THE PLAYGROUND EQUIPMENT' IN ANOTHER TOI' I.DI' OR WHEREVER IT IS MJST NEEDED IN THE CITY; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. SIMUrIS MJVED 'IO DELEI'E SECTION 3 OF THE RESOLUTION; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIMJUSLY. THE QUESTION WAS CALLED AND THE MJI'ION 'IO APPROVE '!HE RESOLUTION CARRIED UNANIM:XJSLY. 5. DELEI'ED X. UNFINISHED BUSINESS: A. Mike Miller stated that he would be talking with his attorney the next day and would do what he hoped would be in the best interest of the city. XI. NEW BUSINESS: A. SIMUI'IS MJVED TO APPOINT PIERRE AUTHIER 'IO THE VACANr SEAT ON THE SlliARD ADVISORY PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE IN FEBRUARY 1989; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. XII. CITY l\1ANAGER REPORI'S: None XIII. COUNCIL DISCUSSION: HILTON stated that the playground equiprrent which had been ordered for the Lowell Canyon Park could be used in the Forest Acres Campground. Schaeferrreyer stated that he would look into this and report back to the Council at the next Ireeting. DUNHAM concurred with Hilton. MEEHAN stated that the Council needed to schedule a work session sorretine after May 20 to discuss the R. W. Beck study. B<X>HER c()I'[ID2nded the city and hospital administrations for the excellent job they did in putting together the budgets. GIESELER concurred with Booher. Gieseler also stated that the city attorney is working on an ordinance relative to crowd =ntrol and special events. In response to Gieseler's questions concerning Harbor parking, Administrative Assistant Martin stated that something would be ready for Council in June. XIV. CITIZENS' DISCUSSION: 139 PLANNING & ZONING: (Appointments -- Pierre Authier appointed) J 140 PAGE 140 REGULAR MEETING - MAY 11, 1987 VOLUME 22 LES DOOLEY, 2508 Cedar Street, stated that there should have been no tine pressure involved in rebidding or rescinding the carrpground ma.nagerrent contract. He also ques- tioned the city's conflict of interest PJlicy and stated that the Andrijanoffs should have been given an either/or choice. Finally, Dooley stated that he has children and lives in Forest Acres, adding that he would not want them playing in a public canpground. JUDI ANDRIJANOFF, 536 Second Avenue, stated that Super Saturday had been a great success and congratulated the Mayor for being the first one to report for duty that day. BOB VAIDATTA, Fifth Avenue, stated that the Council should address the traffic situation in relation to the Ferry and the Teen Center. He noted that the city should not have a Teen Center where it wants to put a port. AI, LAMBERSON, Mile 6. 3, Seward Highway, stated that the city needs a pedestrian walkway up to the school. lW. COUNCIL AND ADMJN. RESPONSE 'IO CITIZENS' CXM-IENI'S: NOLL stated that everyone has gone on record looking for good ideas for the Teen Center and the Seniors. He stated that the $25,000 appropriated for Teen Center renovations is an investment in that building and in the future of the Teen Center. HIL'IDN stated that the city had approached the Ferry about switching buildings with the Teen Center, but the Ferry System had never responded. DUNHAM stated that the Teen Center was originally located in the Ferry Building when it was under RuralCap. In response to a question from B(X)HER, Schaeferrreyer stated that the budget could be adjusted to find an additional $15,000 for the Charrtler, but the Chanber should corne up with a program for spending the funds before they are appropriated. lWI. ADJOURNMENT: The rreeting was adjourned at 9:45 p.m., and after a short recess, the Council reconvened in executive session to discuss ma.tters under litigation and ma.tters the irrmediate knowledge of which might adversely affect the finances of the city. ~ 1:= ~.........,/.. Ma Gieseler I I I PAGE 141 REGULAR l'1EETING - JUNE 8, 1987 VOLUME 22 I. CALL 'IO ORDER: The June 8, 1987, regular n'eeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: the flag. Counci1.rrember Booher led the pledge of allegiance to III. ROLL CALL: Present were: Mayor Gieseler and Counci1.rrembers Booh- er, Dunham, Hilton, Meehan, Noll and Simutis Present also: Deputy City Manager Schaeferrreyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: Not available V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: GIESELER MOIlED 'IO MEEl' IN EXECUTIVE SESSION llf.1EDIATE- LY FOLIaVING THE CLOSE OF REGULAR BUSINESS IN ORDER 'IO DISCUSS MATTERS UNDER LITIGATION; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIMJUSLY. Dunham requested that Consent Calendar Item No. 3 be deleted from the agenda. (She noted that the rrerrorandwn con- tained an error and that North Pacific Rim would be presenting a corrected resolution and letter. B<X>HER MJVED 'IO APPROVE THE REGULAR MEEI'ING AGENDA AS PRESENTED AND THE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIM:lUSLY. The following actions were taken: 1. June 2, 1987, Finance Departrrent's list of accounts payable totalling $584,385.89, was approved for payrrent and filed; 2. Change Order No. 1 to the D & L Construction contract for Fourth of July Creek diversion dike restoration (DSR 3440) for additional restoration work for an arrount not to exceed $7,500, was approved and filed: 3. DELEI'ED; 4. May 18, 1987, Spring Creek Correctional Center construction project status report as filed by the Alaska 141 FINANCE DEPT: (Accts. Payable) CON-l20 PRISON: (Status Report filed) 142 PROCLAMATION: CON- \<;"\ CON-l5Q CON - I '5 Gj CON - \ 5 '1 CON- \'\1\ PAGE 142 REGUIAR MEEI'ING - JUNE 8, 1987 VOLUME 22 DepartIrent of Transportation and Public Facilities was noted for informa.tion and filed; 5. A proclama.tion designating June 12-14, 1987, as "Sea Kayaking Synposiwn Days" was noted for informa.tion and filed; 6. relative to Bradley lake and filed; Trip report as filed by City Manager Garzini his May 12-14, 1987, trip to Juneau concerning and Intertie legislation was noted for informa.tion 7. Trip report as filed by City Clerk Murphy relative to her May 15-22, 1987, trip to Ft. W:>rth, Texas, to attend the 1987 IIM: annual conference and her May 26-29, 1987, trip to Chicago, Illinois, to participate in the prison refinance closing was noted for informa.tion and filed; 8. May 20, 1987, rrerrorandwn and report on the Alaska Railbelt Supply Organizational Study was noted for informa.tion and filed; and 9. May 22, 1987, rrerrorandwn from Engineering and Utilities Manager E. Paul Diener noticing Spring Creek Correctional Center construction contract change orders were noted for informa.tion and filed as follows: SPMVHAN CXNI'RACI' CO #47 - Providing all ma.terials, equiprrent and labor to delete P. C. panels for A. P. S. Building exterior wall from B-6 to B-12 (+$340,000); SAMWHAN CONTRACT CO #48 - Providing a credit for the substitution of wall type on the third floor of A.P.S. (-$5,000); SAMWHAN CONTRACT CO #49 - Making structural changes and additions in accordance with Revision No. 2 (+$57,732); SPMVHAN CONTRACl' CO #50 - Making dirrensional changes as necessary for A.P.S. Building fascia P.M.P. panels (+$1,116); and NORI'HWAY DEVELOPMENT CONTRAC"l' CO # 1 Designing relocation of wastewater outfall so that alignrrent of p~pe runs to the south side of the electrical substation and to provide clearing limit survey staking (+$55,334). VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. SPECIAL ITEM: I I I PAGE 143 REGULAR MEETING - JUNE 8, 1987 VOLUME 22 Captain Rouzzell, U. S. certificate of Ireri t to the city in support of cperation Brirnfrost '87. Coast Guard, presented a recognition of the city's VII. PUBLIC HEARINGS: A. Notice of public hearing relative to the proposed lease of the "Old Depot" building located at 501 Railway Avenue and the preferential use of the 4th Avenue Dock to the Alaska Marine Highway System, 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. B. Notice of public hearing relative to the proposed lease of Boardwalk Site No. 6 to the Resurrection Bay Lions' Club, 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. C. Notice of public hearing relative to the proposed joint use of equipment lease agreerrent with Resurrection Bay Entertainrrent Television, Inc., for the joint use of the city satellite television equiprrent, 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. D. Notice of public hearing relative to the proposed license agreerrent for use of the Seward Municipal ~ll Boat Harbor Dock and Wharf by Seward Fisheries, a division of Icicle Seafoods, Inc., as posted and published by law, was noted and the public hearing was opened. BOB VALDATTA, 528 Fifth Avenue, asked about the city tariff regulating freight rroved across city docks. Schaefer- Ireyer stated that the tariff provided no wharfage fee for raw fish rroved across the dock if the seafood was processed within the city of Seward. However, all other fish and freight is assessed at $2.15 per ton. No one else appeared III order to be heard and the public hearing was closed. E. Notice of public hearing relative to the proposed joint use of equiprrent agreerrent with Puffin Public Broadcast- ing, Inc., for the joint use of the city satellite television equitxrent, as posted and published by law, was noted and the public hearing was opened. TIM POLLARD, 432 Second Avenue, president of Puffin Public Broadcasting, Inc., thanked the city council for its past support of Puffin. He stated that Puffin would like to begin Sate local broadcasting in the next year. 143 PUBLIC HEARING: (Ferry Lease) PUBLIC HEARING: (Boardwalk lease to Lions Club) PUBLIC HEARING: (RBETV Lease) PUBLIC HEARING: (SFI Dock lease) PUBLIC HEARING: (Puffin lease) 144 PAGE 144 REGUIAR MEEI'ING - JUNE 8, 1987 VOLUME 22 N:J one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTICNS: A. Ordinances for Introduction: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 6-11.6 AND 6-11. 7 OF THE SEWARD CITY Q)!)E RELATIVE TO SIGNS ON VEHICLES AND VEHICLES FOR HIRE. HILTON MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 590; THE MJI'ICN WAS SECONDED BY SIMUrIS AND CARRIED tJNANIM:X]SLY. Public hearing was scheduled for June 22, 1987. 2. Copies having been made available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY (X)UNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO SPECIAL EVENTS PERMITS AND ESTABLISHING CliAPTER 9, RN;;!UIRED PERMITS, OF THE SEWARD CITY OJDE. B<X>HER MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 591; THE MJI'ION WAS SECONDED BY DUNHAM. Gieseler stated that the city attorney had prepared this ordinance at his request. Arvidson noted that the section of the ordinance dealing with insurance limits had been left blank and added that the Council should determine what those limits should be. Schaeferrreyer stated that he would bring a recornrendation back to the Council at the next rreeting after discussing insurance requirerrents with the city's broker. In response to a question from Booher, Arvidson said that the purpose of the ordinance is not to reduce public use of public facilities but to provide insurance, litter and crowd control, etc. Arvidson also stated that he would prepare an arrendrrent to the ordinance which would establish a rninirnwn m.ID1ber of partici- pants for an event to require a pennit. In response to a question fran Gieseler, Arvidson stated that he would also prepare an arrendrrent establishing a waiver provision so that Council could waive the pennit requirerrents upon a showing of good cause. I I I PAGE 145 REGUIAR MEEI'ING - JUNE 8, 1987 VOLUME 22 THE QUESTION WAS CALLED AND THE ORDINANCE WAS INTRO- DUCED BY UNANIMJUS VOl'E OF COUNCIL. Public hearing was sched- uled for June 22, 1987. B. Ordinances for Public Hearing and EnactIrent: None C. Resolutions: 1. Copies having been ma.de 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, APPROVING AN AGREEMENT WITH SEWARD GENERAL HOSPITAL AND SEWARD VOLUNI'EER AMBULANCE CORPS FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES. MEEHAN MJVED 'IO APPROVE RESOLUTION NO. 87-036~ THE MarION WAS SECONDED BY HILTON. Schaeferrreyer stated that the Hospital Board had approved the agreerrent earlier during the day. He reccmrended Council approval. Gieseler thanked Ms. Lincoln of the Seward Volunteer Arrbulance Corps for her work on the agreerrent. THE QUESTION WAS CALLED AND THE MJI'ION 'IO APPRO\lE THE RESOLUTION CARRIED UNANIMXJSLY. 2. Copies having been ma.de 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, PROVIDING FOR THE DIS- POSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENI'IAL USE OF THE FOURI'H AVENUE DOCK BY THE STATE OF ALASKA MARINE HIGHWAY SYSTEM. SIMUTIS MJVED TO APPROIlE RESOLUTION NO. 87-038; THE MarION WAS SECONDED BY HILTON. In response to a question from Booher, Schaeferrreyer stated that the city has not pursued a location switch (Teen Center/Ferry Terminal) because bringing the "Old Depot" building to code would be cost prohibitive. In response to questions concerning the Ferry I s inpact on the city's econany, Port Marketing Director Chris Gates was instructed to prepare a "quick study" of this issue to present to the Council at its second rreeting in July. 145 SVAC/SGH/RESO! CON-l3\ (Agrmt. for provo of Emergency Med. Services apprvd) RE- /AK MAR. HWY. /RESO: (Ferry lease apprvd) -Iff'::. .f: J SBH/RE- / RESO: (Brdwlk. lease to Lions Club apprvd.) TELEVISION/RESO/ RE- (RBETV lease apprvd. ) DOCKS & HARBORS/ RE- /RESO: (SFI dock lease apprvd) PAGE 146 REGUlAR MEETING - JUNE 8, 1987 VOLUME 22 THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANI- M:XJSLY. 3. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY roUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A LONG-TERM LEASE OF BOARrmALK SITE NO. 6 (BIDCK 6, OCEANVIEW SUBDIVISION) 'IO THE RESURRECI'ION BAY LIONS' CLUB. HILTON MJVED 'IO APPROVE RESOIllTION NO. 87-039; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIMXJSLY. 4. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY roUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A JOIN!' USE OF SATELLITE TELEVISION EQUIPMENT LEASE AGREEMEm' WI'!H RESURRECTION BAY ENTERI'AIN- MEm' TELEVISION, INC. B<X>HER MJVED TO APPROVE RESOLUTION NO. 87-040; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED WITH SIX "YES" VOTES AND DUNHAM ABS'I2\INING. (Dunham rents to the local Cable Tele- vision carpany.) 5. Copies having been ma.de 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, PROVIDING FOR THE PREFER- ENTIAL USE OF A PORI'ION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK AND WHARF. SIMUl'IS MJVED TO APPROVE RESOLUTION NO. 87-041; THE IDI'ION WAS SECONDED BY HILTON. In response to a question from Booher, Schaeferrreyer stated that Seward Fisheries, Inc., is responsible for ma.inte- nance and upkeep of the dock but does not pay a lease fee. In exchange, SFI gets preferential use of the dock. Under the new agreerrent, SFI will also maintain the cathodic protection service and will provide semi-annual reports to the Council relative to the arrount of fish brought across the dock. THE QUESTION WAS CALLED AND THE MJI'ION CARRllD WITH SIX "YES" VarES AND MEEHAN ABSTAINING. (Meehan is an employee of SFI.) I I I PAGE 147 REGUIAR MEETING - JUNE 8, 1987 VOllJME 22 6. public, Gieseler entitled: Copies having been made available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY roUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A JOINT USE OF m;IPMENT AGREEMENT' WITH PUFFIN PUBLIC BROADCASTING, INC. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-042; THE MarION WAS SECONDED BY DUNHAM AND CARRIED UNANIM:DSLY. x. UNFINISHED BUSINESS: A. MEEHAN MJVED TO .ACCEPT THE R. W. BECK STUDY AND SEI' RATES CIIAffiED 'IO ELECTRIC UTILITY CUSTCMERS AT CURRENT YEAR CIIAffiES WITH A REDUCTION OF $5 PER RESIDENTIAL SERVICE FEE CHARGE (ALTERNATIVE NO.5); THE MJI'ION WAS SECONDED BY NOLL. City Attorney reminded the Council that electric rates could be set only by resolution. M=ehan stated that the Beck Study shows that the Utility can afford a reduction and that a savings to the custom- ers is long overdue. Booher disagreed, stating that this was not the answer. He stated that the city is looking at large residential growth in the next year in addition to the prison caning on line, and that the city could do a better job at redistributing costs to where they should be once this infrastructure is in place. He also expressed concern over lowering rates now only to have to raise them again later. He added that Beck raised sarre questions about priori ties for the utility and suggested putting any savings in the utility into equiprrent or capital inproverrents. Simutis concurred, stating that the electric utility still has a very large debt to the general fund and until that is paid, the council should not lower its revenues. ~ehan stated that the figures in the Beck Study support the reduction. He also noted that when rrore custarrers carre on line and begin to use rrore electricity, the cost of providing that electricity will go down. Hilton stated that he favored Alternative No. 2 (reducing the custorrer charge to $17.50 and increasing the KWH charge), since the study recornrended this alternative as the way to rrost equitably distribute the cost of the utility to all consurrers. He added that he could not favor any alternative that would shift the costs unequally. In response to Hilton's questions concerning capital projects planned by the utility during the caning year, Diener stated that the utility would 147 RADIO/RE- / RESO: (Puffin lease apprvd) ELECTRIC DEPT: (Tariff) 148 PAGE 148 REGULAR MEEI'ING - JUNE 8, 1987 VOlllME 22 upgrade the line at Mile 12 this year one way or another. He added that all capital projects would be brought before the council at a later date. ~ehan stated that any capital work would be capi- talized and would have very little effect on the operating budget. Diener agreed, but stated that the utility still must have the cash to complete the projects. M=ehan also noted that Garzini had stated that the utility could live with a $100,000 reduction in its operating budget. Diener replied that the departrrent would function on whatever the council approves, but a $75,000 - $100,000 cut would be felt. He added that the only variables in the budget are labor and ma.terials (deferring maintenance and replacerrent of ma.terials) or a slowdcMn in repaYIrent of the utility's debt to the general fund. In response to a question fran Noll, Diener stated that replacing a pole on the side of a rrountain requires special equiprtEnt. In addition, if city crews are utilized, the city must contract with IBEW for linemen to work the generators while the work is being accomplished. He added that the city recently replaced a pole on Nash Road at a cost of $20,000. Dunham agreed with Simutis that rates should not be lowered at this tine. She stated that the public relations value of lowering the custorrer charge now does not outweigh the cost of raising fees later. Booher stated that, while he feels there is fat in the budget, this is not the way to restrict it. He added that, if $75-100,000 can be saved in the budget, there are mmy needs within the utility which could be rret with that savings. He added that Alternative 2 seems to be the best was to distribute the costs of the utility rrost equitably. Gieseler stated that the biggest cry he had heard from the public over the past few rronths has been that the $20 residential service charge is IlUch too high. He added that he favored cutting the service charge to exactly what is needed. THE QUESTION WAS CALLED AND THE MJI'ION 'IO APPROVE ALTERNATIVE NO. 5 WAS DEFEATED WITH GIESELER, MEEHAN AND NOLL VOTING "YES" AND BOOHER, DUNHAM, HILTON AND SIMUrIS VOTING "NO". BOOHER M:NED TO APPROVE ALTERNATIVE NO.2; THE MJI'ION WAS SECONDED BY SIMUTIS. ~ehan stated that, while this alternative was a step in the right direction, he could not support it. He noted that several years ago, he had stated that he could not support a rate increase until a mmagerrent study of the utility was conducted, and, to date, this has not been accarplished. I I I 149 PAGE 149 REX;ULAR MEEI'ING - JUNE 8, 1987 VOLUME 22 In response to a question from Noll, Peirson stated that reducing the residential service charge to $17.90 and leaving the KWH charge as is would cause a -$33,000 inpact on the operating budget. NOLL MJVED TO AMEND ALTERNATIVE NO. 2 BY LEAVING THE KWH CHARGE "AS IS" AND A REDUCTION OF $2.18 IN THE CUSTOMER CHARGE; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED WITH SIX "YES" VOI'ES AND SIMUrIS VOTING "NO". Gieseler stated that Alternative No. 6 was his choice, but felt the arrended rrotion before the Council at this tine was what the community actually wants. THE QUESTION WAS CALIED ON THE MAIN MJI'ION AS AMENDED AND THE MJrION CARRIED WITH SIX "YES" VOI'ES AND SIMUTIS VOTING "00". Murphy was instructed to prepare a resolution setting electric rates as stated above for consideration at the June 22, 1987, rreeting. RECESS: The Ireeting was recessed at 8:50 p.m. and reconvened at 9:05 p.m. Gieseler noted that M=ehan had been excused from the rema.inder of the Ireeting in order to catch a plane to Seattle. XI. NEW BUSINESS: A. Gieseler noted the proposed FY 1988 Electric Fund Budget which was before the Council for review. Booher stated that he would still like to see $100,000 cut from the operating budget. If there proved to be a need for it later, it could be added back in by the Council. Gieseler stated that a resolution approving the revised FY 1988 Electric Fund Budget would be presented for consideration at the June 22, 1987, rreeting. No public hearing was requested. In response to a question from Simutis, Gieseler stated that the budget to be presented at the next rreeting would not contain Booher's suggested $100,000 cut, but could be arrended when the resolution is introduced if Council wished. B. Gieseler noted the proposed FY 1988 Water/Sewer Fund Budget which was before the Council for review. Noll thanked Peirson for his con:trents on the rrerroranda accompanying the three enterprise budgets. Gieseler stated that a resolution approving this enterprise budget would be presented for consideration at the June 22 rreeting. No public hearing was requested. 150 FT. RAYMOND SUB: (Replat apprvl. recommended to KPB) KPB: (Peirson apptd. to rep. city on Task Force) SMIC/CON- 2;1.<6 (Shiplift civil work awarded) PAGE 150 REGULAR MEEI'ING - JUNE 8, 1987 VOLUME 22 C. Gieseler noted the proposed FY 1988 Harbor Enterprise Fund Budget which was before the Council for review. Hilton requested that both a work session and a public hearing be scheduled for this budget. Gieseler instructed the clerk to advertise a public work session for review of the Harbor Budget to cc.mrence at 12:00 Noon, l>bnday, June 15, 1987, and to schedule a public hearing on the proposed budget for the June 22 rreeting. D. BOOHER MJVED TO RECCMMEND APPROVAL OF THE FORI' RAYMJND SUBDIVISION REPLAT NO. 1 TO THE KENAI PENINSULA BOROUGH ASSEMBLY FOR FINAL APPROVAL AND RECORDING; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED WITH FIVE "YES" VOI'ES AND GIESELER ABSTAINING. (Gieseler is employed by the Army Recre- ation Canp, which is located within the replatted area.) E. GIESELER MJVED TO APPOINT BOB PEIRSON TO REPRE- SENT THE CITY OF SEWARD ON THE KENAI PENINSUIA BOROUGH ALTERNA- TIVE TAX REVENUE SOURCES TASK FORCE; THE MJI'ION WAS SECONDED BY NOLL AND CARRIED UNANIMJUSLY. F. HILTON MJVED TO AWARD A CONTRACT 'IO THE JOINT VENTURE OF SWALLING OJNSTRUCTION, INC. /UNDERWATER OJNSTRUCTION, INC., FOR THE B2 OPTION FOR SHIPLIFT CIVIL IDRK EXPANSION; THE MJI'ION WAS SECONDED BY SIMIJI'IS. In response to a question frcm Hilton, Schaeferrreyer stated that 20% of the rroney is in hand and that the rest will be disbursed to the city once the project is cx:mplete and the rroney has been expensed. Gieseler noted that the city owes thanks to the Fairbanks North Star Borough for getting these funds released. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- MJUSLY. XII. CITY MANAGER REPORI'S: SCHAEFERMEYER stated that he had received a call from the Bradley Lake project ma.nager inviting the Council to tour the Bradley Lake site prior to July 1. The caller had promised to pay all travel expenses from Harrer to the site, with the city of Seward covering expenses to and from Horrer. Garzini suggest- ed that the city charter Harbor Air, allowing seven to ma.ke the trip. Booher, Dunham, Gieseler, Hilton, Simutis and Engineering & Utilities Manager Diener expressed an interest in ma.king the trip. XIII. COUNCIL DISCUSSION: None XIV. CITIZENS' DISCUSSION: I I I PAGE 151 REGUIAR MEETING - JUNE 8, 1987 VOLUME 22 None YN. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCM1ENTS: None XVI. ADJOURNMENT: The Ireeting was adjourned at 9:35 p.m. and, after a short recess, the Council reconvened in executive session to discuss ma.tters under litigation. ~?'~ <,,,e~ . : . Gieseler (City Seal) ---------------------------------------------------------------- PAGE 151 SPEX:IAL MEEI'ING - JUNE 15, 1987 VOLUME 22 I. CALL TO ORDER: The June 15, 1987, special meeting of the Seward City Council was called to order at 11:45 a.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: Councilnerrber ~ehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Council1rerrbers Hil- ton, M=ehan and Noll (Councilnerrber Dunham arrived at 11:48 a.m., Council- member Booher arrived at 11: 55 a.m., and Council1rember Simutis was absent) Present also: Deputy City Manager Schaeferrreyer and City Clerk Murphy IV. APPROVAL OF CONSENT CALENDAR & SPECIAL MEEI'ING AGENDA: MEEHAN MJVED TO APPROVE THE SPECIAL MEEI'ING AGENDA AND THE CONSENT CALENDAR AS PRESENI'ED; THE MarION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. The following action was taken: 1. Resolution No. 87-043, in recognition of G. Gregory ~, principal of Seward High School, was approved and filed. 151 HIGH SCHOOL/RESO: (HS Principal Moo recognized) 152 PAGE 152 SPECIAL MEEI'ING - JUNE 15, 1987 VOLUME 22 V. RESOLUTIONS: LITIGATION/RESO: (Approp. funds for settlement of Wausau claim) A. Copies having been ma.de 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, APproPRIATING FUNDS FOR SEITLEMENT OF THE WAUSAU V CIOVLEY CONSTRUC- TORS, El'. AL., CLAIM. HILTON MJVED TO APPROVE RESOLUTION NO. 87-044; THE IDrION WAS SECONDED BY MEEHAN AND CARRIED UNANIMXJSLY. VI. COUNCIL DISCUSSION: None VII. CITIZENS' DISCUSSION: None VIII. COUNCIL AND ADMIN. RESPONSE TO CITIZENS I CDilMENTS: SCHAEFERMEYER presented a brief update on the ship- lift. He stated that a representative of Brohl would be in town on 'fuesday evening to Ireet with the Pearlson field engineer. He added that the representative would provide a report to the city with conclusions and proposals for repair of the shiplift. Apparently, the chief engineer with Pearl son disagrees in sare respects with the Lloyd's inspectors. He noted that the city will probably be allowed to continue to cperate the lift pending resolution of the problems which have been found. Schaeferrreyer also stated that the generator problems have been tendered to the city I s insurance broker for resolu- tion. Schaeferrreyer stated that he hoped to have sane information soon relative to the Gateway Venture problems. He noted that the city had received a proposal on Friday from Rainier Bank and that the administration 1NOUld get back to the Council once it has had a chance to evaluate this proposal. XVI. ADJOORNMENl': The Ireeting was adjourned at 11:57 a.m. ~c!?-d<~ Gieseler May (City Seal) I I I 153 PAGE 153 REGULAR MEETING - JUNE 22, 1987 VOLUME 22 I. CALL TO ORDER: The June 22, 1987, regular Ireeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: CounciJ.rrember Hilton led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilnenbers Dun- ham, Hilton, M:!ehan, Noll and Simutis (Counci1.rrember Booher was absent with Council consent) Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy PRESENTATION: Gieseler presented an invitation to tour the U. S. S. Alaska to Bob Valdatta. He stated that Valdatta had originated the idea that the city of Seward request honorary hone port status for the subma.rine. Gieseler corrnended Valdatta for his public spirit. IV. APPROVAL OF MINUTES: Not available V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: MEEHAN M:NED TO MEEl' IN EXECUTIVE SESSION ~IATELY FOI.J.lmING '!HE CLOSE OF REGULAR BUSINESS IN ORDER 'IO DISCUSS A PERSONNEL MATTER; THE IDrION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. Gieseler requested the deletion of Agenda Item No. VIII (A) -- Presentation by Willard Dunham and Shirley Reynolds, and Item No. IX(C) (9) -- Proposed Resolution No. 87-053, refer- ring a charter arrendrrent to the electorate. He also requested the addition of Agenda Item No. X (A) -- Report submitted by Gordon Tans relative to Canwround Managerrent contract dispute, and Item No. XI (C) - Request for a taxicab pennit as submitted by Yellow Cab Carq:>any. MEEHAN MJVED TO APPROVE THE REGULAR MEEI'ING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENI'EDi THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIMJUSLY. The following actions were taken: 15( C. ATTY: C.ATTY: C.ATTY: C. ATTY: C. ATTY: C. ATTY: C. ATTY: ABCB: (Objection ~transfer frm Pace to Pruitt filed) PUBLIC HEARING: (Budget--FY88 Harbor Fund) PAGE 154 REGULAR MEEI'ING - JUNE 22, 1987 VOLUME 22 1. Invoices for legal services were approved for payrrent and filed as follows: Wiley, Rein & Fielding - April 1987 invoice for "Translator Service and TI1 Rulemaking" - $1044.58, Baily & Mason - May 1987 invoice for "Bradley Lake Contract" - $545.27, Baily & Mason - May 1987 invoice for "General legal" - $149.70, Baily & Mason - May 1987 invoice for "Electric Utility Application" - $5.65, HTGP&B - January 1987 invoice for "General Governrrent & Litigation" - $18,811.10, HTGP&B - February 1987 invoice for "General Governrrent & Litigation" - $20,479.54, and HTGP&B - March 1987 invoice for "General Governrrent & Litigation" - $24,370.55; and 2. Forma.l objection was filed to the requested transfer of a package store license fran Russ Pace to Jarres Pruitt because of non-payrrent of taxes by Pace. (No objection to the change of location was filed.) VI. BOROUGH ASSElo1BLY REPaRI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall reported on the Assenbly action on the Borough budget for FY 1988. He stated that the mill levy has been set at 5.75 mills to cover a $54 Million Borough budget. VII. PUBLIC HEARINGS: A. Notice of public hearing relative to the proposed FY 1988 Harbor Enterprise Fund Budget, as posted and published by law, was noted and the public hearing was opened. MICHAEL G. M:KERN, 612 Fourth Avenue, owner and operator of Captain Hook's Charters, objected to the proposed new Harbor tariff. He stated that service provided by the seward Harbor does not warrant a rate increase, noting that electrical service does not extend to all docks and that the Harbor office is open only during regular business hours even during the busy S1l!l1rer I1Dnths. He also objected to charging "live-aboards" an extra fee for living on their boats. He stated that the "live-aboards" add to the security of the Harbor and should be encouraged. I I I 155 PAGE 155 REGUIAR MEEI'ING - JUNE 22, 1987 VOLUME 22 M)N'l'Y RICHARDSON, 519 Third Avenue, asked why an increase was needed when the Harbor was actually showing a profit. Garzini explained that the Harbor should retain enough funds for capital inproverrents. He added that the city has been planning a sma.ll boat harbor expansion for sorre tine and it is i.nperative that the Harbor show a revenue stream which will support required bonding debt if the city is to build the proposed Nash Road Harbor. DON OLIlCM, 315 Second Avenue, stated that it does not nake sense for the few slips in the existing harbor to support building an additional facility. He also asked why the SBH users were being asked to subsidize an operating deficit in the Marine Industrial Center (SMIC) budget. Oldow also objected to subsidizing the ma.rine ma.rketing and developIrent budget, stating that a ma.rketing employee should generate enough incon:e to offset these expenditures. Finally, Oldow stated that there was too much "padding" in the budget. LINDA KUMIN, 7921 Charlotte Place, Anchorage, (Slip C-16), stated that she had been a SBH patron since 1981. She stated that the public toilets in the Harbor are a disgrace. She also stated that toilet facilities and showers should be available to the public beyond regular office hours. She also stated that there was no reason not to have electrical service to every dock. Kurnin also objected to charging "live aboards" an extra fee. BOB VAJl)ATTA, 528 Fifth Avenue, suggested that the city resurrect the Harbor Corrrnission to address SBH problems. He also stated that the ma.rketing agent should work on a ccrnmis- sian basis, not for wages. BILL APPLEBEE, Sma.ll Boat Harbor resident, stated that 3 years ago, there were several break-ins on H Float. Now, with several "live aboards" on H Float, there have been no rrore break-ins. HARRY NOLAND, F/V Bonanza, stated that he agreed with rrost of the carments he had heard so far. He added that the proposed increase was not warranted. He also stated that there was no security to speak of in the harbor and that over 30 boats had been vandalized this Spring. RICHARD PHELPS, Sma.ll Boat Harbor resident, stated that, since all businesses in Seward benefit fran the Boat Harbor, they should all contribute to it. He stated that he had always received good treatIrent in the Harbor, but if the rates go too high, he and others would have to look for serreplace else to go. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) 156 SIGNS/ORD: (Reg. signs on ve- hicles & VFH) PAGE 156 REGULAR MEETING - JUNE 22, 1987 VOLUME 22 A. DELEI'ED B. LOJIE R. MARCH, Mile 5.5, Seward Highway, stated that the city ma.nager had refused to provide him with requested public informa.tion and asked that the Council instruct Garzini and Schaeferrreyer to comply with AS 29.25.110-120 and open these records to him. Garzini responded that any informa.tion which is available in the city is available to anyone, including Mr. March. He stated that his objection to Mr. March's request was that he (March) expected the city to "create" docunents to supply him with the requested informa.tion, and the creation of a new docurrent is not required under the Open Records Act. IX. ORDINANCES AND RESOLUTICNS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY roUNCIL OF '!HE CITY OF SEWARD 1 ALASKA, AMENDING SECTIONS 6-11.6 AND 6-11.7 OF THE SEWARD CITY CODE RELATIVE TO SIGNS ON VEHICLES AND VEHICLES FOR HIRE. Notice of p.ililic 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. SIMUrIS MJ\TED TO ENACT ORDINANCE NO. 590; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIMJUSLY. 2. Copies having been made available to the public, Gieseler noted by ti tle only a proposed ordinance entitled : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO SPECIAL EVENTS PERMITS AND ESTABLISHING CHAPTER 9, REQUIRED PERMITS, OF THE SEWARD CITY CODE. Notice of p.ililic hearing as posted and published by law was noted and the public hearing was opened. AL LAMBERSON, WJodrow Farms Subdivision, stated that he had two objections to the ordinance. The first was its lack of clarity and definition. Secondly, he stated that the ordi- nance has sorre constitutional problems. I I I 157 PAGE 157 REGUIAR MEEI'ING - JUNE 22, 1987 VOLUME 22 TIM POLIARD, 432 Second Avenue, stated that while the city's current rrethod of dealing with large groups and gather- ings is prooabl y inadequate, the proposed ordinance is excessive and "over-reacts" to the city's needs at this tine. He stated that the proposed ordinance is excessively restrictive and probably violates first arrendrrent rights of some. LES DOOLEY, 2508 Cedar Street, stated that the pro- posed ordinance would prevent church groups from using the pavilion for a church picnic. Garzini stated that, even under current regulations, a large group such as the one referred to by Dooley would need a pennit to use one of the pavilions for a gathering of any sort. JOHN IARKIN, Camelot Subdivision, stated that the city's concern seems to center around liability and ma.nageabil- ity. He asked if the city's insurance carriers had expressed concerns relative to the city's exposure during derronstrations. He opined that the city ma.y incur additional liability by virtue of enacting the proposed ordinance. RUTH M:HENRY, 508 First Avenue, stated that the ordinance would give Seward unwanted negative publicity. She concurred with the administration that an ordinance was needed, but objected to the one presently before the Council. VIRGINIA RANDAZZO, Carrelot Subdivision, stated that the ordinance before the Council would divide the cxmnunity and would be impossible to enforce. No one else appeared 1Il order to be heard and the public hearing was closed. SIMUTIS MJVED TO ENACT ORDINANCE NO. 591; THE MJI'ION WAS SECONDED BY DUNHAM. Dunham stated that she agreed that the proposed ordinance was excessive and would vote "no" on its enactrrent. Simutis stated that the proposed ordinance was not drafted because of the USS Alaska's coming port of call visit, but was proposed by the Mayor sane 6 rronths ago. She stated that she agreed that the ordinance was too vague in parts and suggested that it be postponed to a tine certain so that it would not affect any planned activities over the July 4 weekend and the visit of the USS Alaska. SIMUrIS M)VEO TO POSTPONE ACTION ON THE PROPOSED ORDINANCE UNTIL THE LAST MEEI'ING IN JULY; THE MOTION WAS SECOND- ED BY NOLL AND CARRIED UNANIMJUSLY. Meehan complirrented Lanberson and Pollard on their ccmrents. He stated that the city needs an ordinance regulating large gatherings and events, but suggested that this particular ordinance needs to be sinplified. 158 PAGE 158 REGULAR MEEI'ING - JUNE 22, 1987 VOLUME 22 Gieseler read fran a June 3, 1987, letter from the attorney relative to the proposed ordinance. He also stated that rrost of the people in the conmuni ty who had contacted him were in favor of the ordinance and he intended to vote for it when it next COIreS before Council. Garzini stated that when this issue was first raised, he was surprised that the city had no such ordinance an the books. He added that every other local governrrent with which he has been association has regulated parades and derronstrations. He stated that the proposed ordinance is good law but he did not object to postponing action on it. In response to a question from Dunham, Arvidson stated that this ordinance would not prohibit spontaneous celebrations and was not intended to inhibit or restrict free speech. RECESS: The rreeting was recessed at 9:20 p.m. and reconvened at 9:35 p.m. C. Resolutions: SBH/RESO: tariff) (Setting 5. TAKEN our OF ORDER. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, AIASKA, SETI'ING FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. HILTON MJVED TO APPROVE RESOLUTION NO. 87-049; THE MJI'ION WAS SECONDED BY MEEHAN. Garzini stated that the public spent a good deal of tine comparing the Seward SBH with other harbors around the state. He noted that the Honer harbor has a budget which is approxima.tely $400,000 higher than the one before Council. In addition, the Honer harbor is tax-subsidized. He stated that 85% of the SBH users do not live in the city of Seward, adding that it would be a travesty to go back to subsidizing the Harbor fran the General Fund. He also noted that SMIC would be a rroney-ma.ker in the near future and that the SBH would benefit by being a part of the sarre departrrental budget. Garzini cautioned Council to take a long-range view of the Harbor and look toward future expansion (Nash Road Harbor). Hilton stated that he understood the reasons behind the increases and did not object to raising rates. However, he stated that the proposed increases are being spread dispropor- tionately. I I I PAGE 159 REGUIAR MEEI'ING - JUNE 22, 1987 VOLUME 22 HILTON MJVID TO AMEND SECTIa-l I (A) -ANNUAL MCORAGE FEES-TO READ $20.30 (Vessels to 30'), $19.50 (31' to 40'), and $18.62 (41' and up); THE MarION WAS SECONDED BY SIMlJI'IS. Hilton noted that the harbor wOuld still have a graduated rate structure, but there would be less disparity and would still generate the needed revenue. THE QUESTION WAS CALLED AND THE r-DI'ION 'IO AMEND PASSED UNANnOJSLY. In response to a question from Simutis, Garzini stated that shower hours in the Harbormaster' s Building would go back to last surrrrer's schedule. Garzini also explained that the budget before Council does not include any capital expenditures. Dunham stated that the Council should consider resur- recting the Harbor Coomission. She also stated that she favors retaining Chris Gates' position for at least another year. M=ehan stated that the city must address the concerns addressed by the public earlier under public hearing. In response to a question fran Noll, Harbormaster Foster Singleton stated that the city currently collects no funds from "live-aboards", since none have registered with his office. NOLL MJVED TO AMEND ARI'IClE VIII, PAGE 5, BY CHANGING THE RATE FOR "LIVE-ABOARDS" TO $0.00; THE r-DI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. THE QUESTION WAS CALLED ON THE MAIN MJI'ION AND RESOill- TION NO. 87-049 WAS APPROIlED BY UNANIMJUS VOl'E OF COUNCIL. 1. Copies having been ma.de 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, ADOPTING THE HARBOR ENTERPRISE BUDGEI' FOR THE FISCAL YEAR BEGIN- NING JULY 1, 1987. SIMUTIS MJVED TO APPROVE RESOLUTION NO. 87-045; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIMJUSLY. 2. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, ADOPTING THE ELECTRIC FUND ENTERPRISE BUDGET FOR THE FISCAL YEAR BEX;INNING JULY 1, 1987. 159 FINANCE DEPT/RESO: (Budget --FY88 Harbor) FINANCE DEPT/RESO: (Budget--FY88 Electric) 160 PAGE 160 REGUIAA MEETING - JUNE 22, 1987 VOlllME 22 MEEHAN MJVED 'IO APPROVE RESOLUTION NO. 87-046; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. FINANCE DEPT/RESO: 3. (Budget-FY88 public, Gieseler W/S) entitled: Copies having been ma.de available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE WATER AND SEWER FUND ENTERPRISE BUDGET FOR THE FISCAL YEAR B:&;INNING JULY 1, 1987. HILTON M)VED TO APPROIlE RESOLUTION NO. 87-047; THE MJI'IOO WAS SECONDED BY DUNHAM AND CARRIED UNANIMXJSLY. ELEC.DEPT/RESO: (Tariff) 4. Copies having been ma.de 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, ESTABLISHING RATES AND CHARGES FOR ELECTRIC rovER FOR THE PERIOD CCMo1ENCING JULY 15, 1987. NOLL MJVED TO APPROIlE RESOLUTION NO. 87-048; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIMXJSLY. 5. TAKEN our OF ORDER. (See Page 158.) 6. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOWTION OF '!HE CITY COUNCIL OF '!HE CITY OF SEWARD, ALASKA, APPROVING THE APPLICATION BY NORI'H PACIFIC RIM HOUSING AUI'HORITY TO THE FEDERAL GOVERNMENT FOR A LOAN FOR PRELIMINARY PLANNING FOR MurUAL HELP HOME c:mNERSHIP HCUSING WITHIN THE SEWARD CQMIIUNI- TY. DUNHAM MJVED 'IO APPROVE RESOLUTION NO. 87-050; THE MJI'ION WAS SECONDED BY HILTON. Garzini stated that through an administrative error, the rrerrorandwn acconpanying this resolution stated that he (Garzini) supported it (the resolution). He noted that he did not support the resolution since he did not feel that there is a need for additional housing of any kind in Seward at this tine. ~ concurred with Garzini, stating that he had always supported NPRHA applications in the past, but could not support this resolution without rrore informa.tion concerning what loan packages are available in Seward at this tine. I I I PAGE 161 REX3ULAR MEEI'ING - JUNE 22, 1987 VOLUME 22 Dunham stated that she hated to see this resolution defeated without hearing fran NPRHA. DUNHAM: MJVED TO POSTPONE ACI'ION ON THE PROPOSED RESOI1JI'ION FOR A PERrOO OF TIME NOT 'IO EXCEED 2 M::>NTHS UNTIL A REPRESENTATIVE FRCM NPRHA COULD APPEAR BEFORE COUNCIL TO DEFEND THE RESOLUTION; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIMJUSLY. 7. Copies having been ma.de 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, AUTHORIZING A PROFESSION- AL SERVICES AGREEMEN!' FOR SMIC SEWER EXTEN- SION DESIGN. HILTON MJVED TO APPROVE RESOLUTION NO. 87-051; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. 8. Copies having been ma.de 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, AUTHORIZING A PROFESSION- AL SERVICES AGREEMENT FOR SMIC WATER EXTEN- SIONDESIGN. SIMUTIS MJVED TO APPRCJ\1E RESOLUTION NO. 87-052; THE MJI'ION WAS SOCONDED BY HILTON AND CARRIED UNANIMJUSLY. 9. DELEI'ED X. UNFINISHED BUSINESS: A. HILTON MJVED TO ACCEPT THE REPORI' RELATIVE 'IO THE CAMPGROOND MANAGElI1ENI' CCNI'RACT DISPUTE AS SUBMITI'ED BY GORDON TANS; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMJUS- LY. Gieseler noted available in the office of inspection. that copies of the report were the City Clerk for public review and XI. NEW BUSINESS: A. MEEHAN MJVED 'IO AWARD A CONTRACT FOR ELECTRIC METER READING TO THE LCW BIDDER, LIBERI'Y WAY; THE MJI'ION WAS SECDNDED BY HIL'ION AND CARRIED UNANIMJUSLY. B. GIESELER MJVED 'IO RErAIN THE HARBOR DEPARI'MENT' S BOSTON WHALER FOR USE ELSEWHERE IN THE CITY; THE MJI'ION WAS SECDNDED BY HILTON. 161 SMIC/RESO/CON- z..33 (Sewer Extn. Con. apprvd.-Design) SMIC/RESO/CON- Z. 3z. (Water Extn. Des. contract apprvd.) CAMPGROUNDS/CON- -Z:z..:~: (G. Tans report re dispute accepted) ELEC.DEPT/CON-l30 (Meter Reading contract apprvd) ... ~7 .\.. ,)1_1 PAGE 162 REGUlAR MEEI'ING - JUNE 22, 1987 VOLUME 22 HARBOR DEPT /EQUIP: Gieseler stated that the city should not surplus a (Boston whaler boat which is still under warranty. He noted that the Harbor- to be surplusd/ ma.ster had a~tted that there were tines when a third boat minimum bid amt. could be used ill the Hartx:>r. set at $16,000) PERMITS: (Taxicab perm. to Yellow Cab) M=ehan disagreed, stating that the need for a fire boat has not been established, that the boat in question does not ITeet the needs of the Fire Departrrent, and suggested that the city set a minirruJrn bid arrount which would be acceptable and surplus the boat. Garzini briefly outlined the background of the city's proposal to surplus the boat. He noted that the funds used to purchase the new Harbor boat were never "Fire Departrrent funds", but were grant funds originally appropriated for a water-borne anbulance. Rather than lose those state grant funds, the Council had agreed to purchase the new Harbor boat with the grant funds plus an additional $11,000+ in Harbor reserve funds on the condition that the boston whaler be surplus sed at a later date to reimburse the Harbor Reserve Account. He added that the new boat purchased by the Harbor Ireets the need spelled out in the Harbor Master Plan which was adopted by the Council. He stated that keeping the boston whaler in reserve for dive training was not adequate justification for retaining the boat. Hilton concurred, stating that the Coast Guard is available to respond to Harbor errergencies. He favored surplus- sing the boat after setting a rninirruJrn acceptable bid arrount. If the city does not get that rninirruJrn bid am::>unt, he suggested "rrothballing" the boat. Noll stated that he is not concerned about where the boat eventually goes, but feels that it must have serre function- al use within the city. He suggested that the boat be retained and used where the administration feels it is rrost needed. THE QUESTION WAS CALLED AND THE MJI'ION 'IO RETAIN '!HE BOAT FAILED WITH GIESELER, NOIL AND SIMUTIS varING "YES" AND DUNHAM, HIL'Irn AND MEEHAN VOTING "NO". HIL'Irn MJ\7ED 'IO SURPLUS THE BOAT FOR AN AM:XJNI' NOT LESS THAN $16,000, AND IF THAT AMJUNT IS NOT RECEIVED THAT THE CITY mrHBALL IT UNTIL A USE IS FOOND FOR IT; THE MJI'ION WAS SEOONDED BY GIESELER AND CARRIED WITH Fam "YES" VOI'ES AND NOLL AND SIMUTIS VOTING "NO". C. MEEHAN MJVED TO AWARD A THIRD TAXICAB PERMIT TO YEI.liJiI CAB CONI'INGENl' UPCN THE VEHICLE PASSING A CITY IN- SPECTION; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANI- MJUSLY. XII. CITY MANAGER REPORI'S: I I I 163 PAGE 163 REGUIAR MEEI'ING - JUNE 22, 1987 VOLUME 22 GARZINI noted that he had distributed a letter which he had received from the Mayor of Fairbanks relative to a proposed Fairbanks Trade Mission to Seward on July 1-2. Garzini also noted that Channel 9 ('IV) is out. He stated that he has received a proposal fran CableVision to ma.intain Channels 3 and 7 and offer them to the public free of charge. He stated that he would be coming to the Council at the next Ireeting with a proposal to abandon the translator on Mt. Wolcott, turn over Channels 3 and 7 to CableVision, and delete the $4 television charge on the utility bills. XIII. COUNCIL DISCUSSION: NOLL thanked those who attended the Alaska Railroad rreeting in Seward on June 18. HILTON asked if CableVision intended to keep Channel 9 on the air. Garzini stated that if the City stops accessing Channel 9 (Anchorage Station KTUU) through Mt. Wolcott, Cable- Vission will be unable to offer it. Hilton stated that he appreciated Gordon Tans' report. He noted that Tans had found that the city employees did their jobs properly and found no wrong doing on anyone's part. XIV. CITIZENS' DISCUSSION: BOB VALDATTA, 528 Fifth Avenue, stated that the city needs to let the military know that the city supports it. He also stated that the Trade Board should investigate getting rough cut timber products available here. JOHN LARKIN, Camelot Subdivision, stated that he did not foresee any trouble between derronstrators and the military during the USS Alaska's visit. DONNA REXROAT, Sma.ll Boat Harbor, asked for (and received) a copy of what was finally agreed upon for SBH rates. DAVID WILLIAMS, Orlander Avenue, ~ridian Park Subdi- vlslon, stated that it is "our duty" to show the USS Alaska sailors that this is their hoIre port. SPECIAL ITEM: Gieseler presented Chris Gates with a Fishing Award and his lost fishing pole which had been retrieved fran thesKenai River. xv. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: None 16Lr PAGE 164 REGtJIAR MEETING - JUNE 22, 1987 VOLUME 22 XVI. ADJOORNMEm': The rreeting was adjourned at 11:20 p.m. and, after a short recess, the Council reconvened in Executive Session to discuss a personnel ma.tter. ~ c: .,..4' --- :/. . ~eseler Mayo (City Seal) ---------------------------------------------------------------- PAGE 164 REGULAR MEETING - JULY 13, 1987 VOLUME 22 I. CALL 'IO ORDER: The July 13, 1987, regular IlEeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMONY: the flag. Council.rrember Booher led the pledge of allegiance to III. ROLL CALL: Present were: Mayor Gieseler and Councilmerrbers B0o- her, Dunham, Hilton, M=ehan and Simutis (Council.rrember Noll was absent with Council consent) Present also: Deputy City Manager Schaeferrreyer, City Attorney Hughes and City Clerk Murphy SPECIAL ITEM: Gieseler introduced Gary Heinicke of Seward, Nebraska, and presented him with a city pin and a letter and gift for Mayor Welsh of our Sister City in Nebraska. IV. APPROVAL OF MINUI'ES: SIMUI'IS MJVED 'IO APPRCNE THE MINUTES OF THE MAY 11, JUNE 8, JUNE 15, AND JUNE 22 , 1987, JI1INUTES AS WRITl'EN; THE MJI'ION WAS SECONDED BY HIL'I'ON' AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSENT CALENDAR & REX:;ULAR MEEI'ING AGENDA: I I I PAGE 165 REGUlAR MEEI'ING - JULY 13, 1987 VOilJME 22 Gieseler noted the following additions to the Regular M=eting Agenda under "New Business": B. Funding for generator repair; and C. Authorization for approval of a purchase order totalling $9,065 for oil changes in synchrolift gear boxes. BOOHER MJVED TO APPROIlE THE REGULAR MEEI'ING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE MarION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions were taken: 1. Resolution No. 87-054, reappropiating $2100 in lapsed funds to cover costs associated with the USS Alaska Port of Call, was approved and filed; 2. Resolution No. 87-055, reappropriating $500 in lapsed funds to cover costs associated with the 1987 Seward Federated Worren' s Club Sumrer Beautification Project, was approved and filed; 3. Resolution No. 87-056, reappropriating $63,000 in lapsed funds for the purchase of Lots 23-24, Block 16, Original Townsite of Seward, from Jon Andrews, was approved and filed; 4. Resolution No. 87-057, accepting a grant fran the state of Alaska for a Teen litter control project and appropri- ating the funds to the Teen Litter Control Project Account, was approved and filed; 165 SPEC. COM. EVENTS/ BUDGET/RESO: LOCAL ORGS/RESO/ BUDGET: OTS/RESO/BUDGET: GRANTS/RESO/LITTER CONTROL: 5. Invoices for legal services were approved for C .ATTY: payment and filed as follows: Baily & Mason, June 1987, "Water Utility Applica- tion" - $31. 75, Baily & Mason, June 1987, "General" - $21.14, Wiley, Rein & Fielding, May 1987, "Translator Service & 'IV Rulenaking" - $16. 34 ; Finance Departrrent's list $1,117,011.83, was approved of for 6. July 9, 1987, accounts payable totalling payment and filed; ACCTS. PAYABLE: 7. ABCB application for restaurant designation as ABCB: (Breeze Inn) filed by the Breeze Inn was approved and filed; and 8. Request for authorization to continue encroach- Irent of a structure located on Lot 36, Block 11, Original Tavnsite of Seward, into the Second Avenue right-of-way, as filed by Debra Garlock, was approved for the life of the loan or the life of the structure, whichever tenninates first. ENCROACHMENT/OTS: (Garlock) ~ GG PAGE 166 REGULAR MEEI'ING - JULY 13, 1987 VOLUME 22 VI. BOROOGH ASSEMBLY REPORI': 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) NPRHA: A. DERENTY TABIOS, Executive Director of North Pacific Rim, appeared before the Council and asked that it support proposed Resolution No. 87-050, which would approve an application to the federal governrrent for a loan for preliminary planning for a mutual help horre ownership program in Seward. (Action on the resolution had been postponed at the June 22, 1987, rreeting. See Agenda Item No. IX (C) (1), Page 167.) Tabios explained that this program would allow for the construction of 15 units which could be purchased by individuals within the corrmunity who would not otherwise qualify for conventional horre financing. In response to a question fran Gieseler, he stated that HOD would allow two years for the developnent of the project (once approved), adding that NPR hoped to break ground early next spring. Tabios also stated that, of the seven camumities represented by NPR, Seward is the only one without a mutual help hone ownership program in place. In response to a question fran Booher, Tabios stated that the requested funds would allow NPR to evaluate the viability of the project in Seward and would include choosing location, designer, etc. He noted that the allowable HOD budget per unit was $92,000. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF '!HE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 20-3 (B) OF THE CITY CODE TO AUJ::J/l THE ADMINISTRATION TO ISSUE VEHICIE FOR HIRE PERMITS WITHOUT THE PRIOR APPROVAL OF THE CITY COUNCIL. MEEHAN MJIJED 'IO INTRODUCE PROPOSED ORDINANCE NO. 592; THE MJI'ION WAS SECONDED BY SIM(J.['IS AND CARRIED UNANIMJUSLY. (Public hearing was scheduled for July 27, 1987.) B. Ordinances for Public Hearing and Enactrrent: None I I I PAGE 167 REGULAR MEEIT'ING - JULY 13, 1987 VOLUME 22 C. Resolutions: 1. public, Gieseler entitled: Copies having been ma.de available to the noted by ti tle only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE APPLICATION BY NORI'H PACIFIC RIM HOUSING AUTHORITY TO THE FEDERAL GOVERNMENT FOR A LOAN FOR PRELllITNARY PLANNING FOR IDl'UAL HELP HeME avNERSHIP HOUSING WITHIN THE SEWARD CCM1lJNI- TY. Gieseler noted that action on a rrotion to approve proposed Resolution No. 87-050 had been postponed at the June 22, 1987, rreeting. Hilton stated that he was nervous about 15 units of this type of housing being constructed in Seward. He stated that there was no assurance that NPR was not going to "dunp" fifteen units together into what could becare a "not very attractive neighborhood". He added that he was not convinced that there was a need for 15 units of any kind of housing in Seward at this tine. Meehan concurred with Hilton and stated that he did not believe that Section 1 of the proposed resolution was true. He added that the city needed rrore informa.tion before giving its authorization to continue with the project. He stated that he would be rrore inclined to approve the application if NPR was required to care back to Council for approval following the preliminary study. Dunham agreed that NPR should be asked to COITE back with its final plans for approval. She noted, however, that there are ma.ny "substandard" rouses in Seward and added that NPR's rrost recent project in Seward (Bear M::>untain ApartIrents) contain the rrost attractive rental units in town. MEEHAN MJVED TO AMEND SECTION 1 OF THE RESOLUTION BY DELETING THE mRD "EXISTS" AND INSERI'ING IN ITS STEAD THE PHRASE "MAY EXIST" AND TO AMEND SECTION 2 BY REPLACING THE PERIOD AT THE END OF THE SENTENCE WITH A COMMA AND ADDING THE FOLLCWrNG: "PROVIDED, HavEVER, THAT THE CITY OF SEWARD'S APPROVAL TO BUILD WILL BE OBTAINED PRIOR 'IO NORI'H PACIFIC RIM HOUSING AUTHORITY'S ENTERING INTO ANY Cct-ITRACTS FOR CONSTRUCTION."; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIIDUSLY. THE QUESTION WAS CALLED ON THE MAIN MarION AND RESOW- TION NO. 87-050 WAS APPROVED UNANIMXJSLY. 2. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: 167 NPRHA/RESO: (Ap- proving applica- tion to HUD for survey funds for mutual help home ownership program 168 PAGE 168 REGULAR MEEI'ING - JULY 13, 1987 VOLUME 22 TV/RESO: (Eliminating $4 TV charge) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING SECTION 10 OF RESOLUTION NO. 87-048, ESTABLISHING ELEX:- TRICAL RATES AND CHARGES, AND AUTHORIZING THE TERMINATION AND DISPOSAL OF THE MI'. WOLCOTT TELElJISION TRANSLATOR STATION. HILTON MJVED TO APPROVE RESOLUTION NO. 87-058; THE MJI'ION WAS SECONDED BY SIMJTIS. Garzini explained that the Mt. WJlcott translator station had ceased to function about six weeks ago. He noted that repair of the translator required the rental of a helicop- ter, hiring of technicians (in serre cases) and dispatching the city public works crew to the site. He stated that the trip to the translator site is dangerous and, in fact, had nearly resulted in the loss of a helicopter and the lives of those aboard when an Air National Guard unit had attempted to land city personnel at the site during the October flood. Garzini stated that he could not sanction the continued risk of the lives of city employees to provide television. He added that Cablevision has agreed to ma.intain the city satellite station and provide Channels 3 and 7 to the general public free of charge. Therefore, he asked that Council approve the resolution eliminating the $4 television fee and abandoning the Mt. WJlcott translator. In response to a question from Gieseler, Garzini stated that the $4 per rronth television charge was paid by all rrenbers of the Seward Electrical Distribution Area (except those who had signed waivers) and covered all costs associated with television in Seward, including upkeep of the Mt. WJlcott translator, ma.intenance of the satellite receiving station, helicopter rentals and attorneys' fees when needed, such as the recent '''IV Rulemaking" charges relative to the rebroadcast of 'VG'J" (Channel 7). He added that in the tine he has been in Seward, the city lost rroney one year on the TV business and either "broke even" or ma.de a little ITOney all other years. Garzini also noted that, ma.ny of the cable TV subscribers were signing waivers to eliminate the TV charge since they would no longer need city-sponsored television. Gieseler noted that, while no public hearing was required prior to Council action on the proposed resolution, he had decided to accept public cxxment on the administration IS proposal. Public hearing was opened. ALEX RULE, 700 Sixth Avenue, stated that he had lived in Seward for 18!o, years, has signed up for cable TV, but intends to continue to pay the $4 city TV charge if it rema.ins in effect. He stated that he realized that it was hazardous to attempt to repair the Mt. WJlcott translator, but noted that no injuries had occurred as yet. He stated that Channel 9 (IcrUU) was the best channel in town and provided the best Alaska news. I I I 169 PAGE 169 REGULAR MEEI'ING - JULY 13, 1987 VOLUME 22 He urged the Council to repair the translator and to continue to provide Channel 9. VIRGINIA DARLING, Brown & Hawkins ApartIrents, stated that Channel 9 was the rrost popular station in town and urged the Council to continue to offer it to the public. She also noted that people living "out the road" could not receive either cable 'IV or the satellite stations (Channels 3 and 7) . DON OIIJaV, 315 Second Avenue, stated that he had lived in Seward for 20 years. He objected to the loss of Channel 9 and stated that people need to get local (Alaska) news. He also expressed concern for those living outside of town who \\ere getting no 'IV at all with Channel 9 off the air. Gieseler noted that he had received letters opposing the proposed resolution fran CHARLES LOCKWX>D and JAMES :MAC- SWAIN. He also noted that he had received a telephone call from LaJIS MARCH indicating that Kenai Peninsula Borough Mayor Thorrpson had expressed interest in the Borough purchasing the Mt. Vblcott translator and providing Channel 9 as a borough service. CASS DUPUY, Bear Lake Drive, stated that he had been a resident of the Seward service area for 15 years. He stated that the administration is attempting to "lead the Council down a path of contradiction and deception" with its rrerrorandwn from Deputy City Mmager Schaeferrreyer. He also contended that the city had ma.de approxima.tely $76,000 over the past four years on the television fee. He further stated that the Mt. Vblcott translator was the city's only link to the Flrergency Broadcast System. MARGARET BRANSON, 500 Fourth Avenue, stated that Channel 9 went on the air on Noverrber 12, 1960. She suggested that Council postpone action on the resolution until it could contact KTUU and Cablevision concerning a possible joint effort to keep the station in service. LINDA PFLErnR, Bruno Street, Questa WJods Subdivision, stated that Questa WJods Subdivision residents get no television at all at this tine. She urged the Council to continue to supply Channel 9 to the area. DAVE CAREY, 701 Fifth Avenue, stated that he agreed with the city that safety is a problem. He asked if there was a way to ma.ke ma.intenance of the facility safer for city crews. No one else appeared in order to be heard and the public hearing was closed. Garzini stated that if a local group of citizens wished to join together to provide ma.intenance of the facility, the administration would do whatever was possible to assist in ~"70 PAGE 170 REGULAR MEEI'ING - JULY 13, 1987 VOLUME 22 that effort. He urged the Council to ma.ke the equitxrent avail- able to others who might be interested in providing Channel 9. Dunham stated that K'IUU has never contributed to the cost of ma.intaining the translator, although it uses Seward viewer nurrbers to sell advertising. She suggested that K'IUU be nade to contribute to the upkeep of the facility. Schaeferrreyer stated that he had worked to provide better television to the cormnmi ty for the eleven years he has been employed by the city. He stated that, contrary to public testirrony, local news was still available to residents of Seward via Channel 3 (RA'rnEI'). He also stated that the television fund was never ma.naged as an enterprise fund since the city has no real Irechanism for collecting the $4 fee if one refuses to pay. Schaeferrreyer also stated that the exposure to the city if a helicopter was lost or if a loss of life occurred during ma.inte- nance of Mt. WJlcott was trerrendous. He noted that such a loss would nake the city virtually "uninsurable". He stated that the city currently pays $40,000 per year for $500,000 in liability insurance ooverage, adding that this would not begin to cover the cost to the city should a life be lost in the ma.intenance of the translator. Schaeferrreyer also noted that, should such a loss occur, it was the residents of Seward who would pay, not those living "out the road". Hughes stated that the city could be in danger of losing insurance coverage by virtue of the fact that the city's insurance carrier has never been notified that city crews ma.intain the Mt. V'blcott translator. She added that the liabil- ity situation is "grandiose". Simutis concurred with Schaeferrreyer and stated that she had seen the city pay out too many millions of dollars to risk this type of loss. She added that it was unfortunate that serre people will be forced to go without television, but stated that she could not in good conscience oondone the risk of lives of city errployees on the rrountain. Hilton agreed and asked if the city could contract naintenance and repair of the translator. Schaeferrreyer stated that, as long as the city ma.intained ownership of the transla- tor, it would assurre the liability associated with its ma.inte- nance. Garzini stated that the city could preserve its rights to the system for at least 90 days, giving other groups a chance to organize and take over ma.intenance and operation of the facility. Hilton suggested that the administration attempt to get a professional firm to repair the translator and corre back to the council at the next Ireeting with suggested alternatives. ~ehan agreed, stating that there must be serre way to ma.ke Channel 9 available. Schaeferrreyer stated that the adminis- tration would be happy to reccmrend disposal of the facility to any group willing to take over ma.intenance. I I I PAGE 171 REGULAR MEEl'ING - JULY 13, 1987 VOLUME 22 Booher suggested that the rrotion be tabled for a rronth or so in order. to give the administration a chance to study alternatives and the insurance issues. He added that the city could not afford to operate the facility as in the past. Dunham repeated that KTUU has "left the city on a lint> for 27 years" and suggested that a cooperative could be forrred to ma.intain the translator. GIESELER MJVED TO POSTPONE l\CTION ON THE RESOLUTION FOR 90 DAYS; THE MarION WAS SOCONDED BY MEEHAN. Garzini stated that if the general feeling of the Council was that a private operator should be found, one so- lution might be to arrend the resolution by eliminating the section which would authorize the abandonrrent of Mt. WJlcott and then approve the elimination of the $4 fee. GIESELER WITHDREW HIS MJI'ION 'IO POSTPONE; MEEHAN CONCURRED. HILTON MJVED TO AMEND THE RESOLUTION BY DELEI'ING SECTION 2 AND ALL REFERENCES TO MI'. WOLCOTT; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMJUSLY. THE QUESTION WAS CALLED ON THE MAIN MarION AND RESOLU- TION NO. 87-058 WAS APPROVED UNANIMXJSLY. Schaeferrreyer stated that the city would prepare an RFP for acquisition and ma.intenance of the translator. 3. Copies having been ma.de 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, AUTHORIZING A PROFESSION- AL SERVICES AGREEMENT WITH ARTHUR YOUNG AND CX>>IPANY TO SURVEY MJORAGE RATES FOR THE PROPOSED NASH ROAD BOAT HARBOR. SIMUrIS r.uJED TO APPROVE RESOLUTION NO. 87-059; THE MJI'ION WAS SOCONDED BY MEEHAN AND CARRIED UNANIMJUSLY. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. MEEHAN MJVED TO CONTINUE '!HE EXISTENCE OF THE SEWARD TRADE AND COMMERCE ADVISORY BOARD THROUGH FISCAL YEAR 1988; THE IDl'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMJUS- LY. l\Eehan stated that Board Chairma.n Willard Dunham had 171 DOCKS & HARBORS/ CON - z..?- X' / RESO : (Moorage rate sur- vey for Nash Rd. Boat Harbor) TRADE BOARD: (an- nual report & vote for contin- uance thru FY88) '7'"' , I, ELEC.DEPT: (Funds for generator repair) MIC: (Shiplift - oil change PO approved) PAGE 172 REGULAR MEETING - JULY 13, 1987 VOLUME 22 prepared an excellent report and noted that the Trade Board had been very active over the past year. B. HILTON MJVED TO AU'IHORIZE '!HE CITY MANAGER TO OBLIGA'IE UP TO $85,000 FOR REPAIR OF THE GENERATOR; THE MJI'ION WAS SECONDED BY SIMUrIS. Schaeferrreyer stated that the generator problem has been tendered to the city's insurance carrier. The carrier has advised the city to accept the r-brrison-Knudson offer to repair the generator. The additional funds are needed for transporta- tion and an upgrade of the cylinder liners and turbo chargers. Diener stated that the generator should be back on line by Octd:ler 1. In response to a question from Booher, Diener stated that there are sorre signs of wear in the second generator, but it is still with in acceptable tolerances. THE QUESTION WAS CALLED AND THE MarIQIl PASSED UNANI- MJUSLY. c. BOOHER MJI'ED TO APPROI1E A PURCHASE ORDER NOT TO EXCEED $9065 FOR OIL CHANGE IN THE GEAR BOXES OF THE SYlOIRO- LIFT; THE MJTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:>US- LY. XII. CITY MANAGER REPaRI'S: None XIII. COUNCIL DISCUSSION: B<X>HER asked if First Lake would be refilled with water. Diener stated that the operation of the Marathon Hydro plant was causing sene water fluctuation, but stated that he would "look into it". Booher also stated that the city needs to address how the Nash Road Harbor is going to affect the camuni- ty. MEEHAN suggested that Cablevision rebroadcast its NBC station on a tine delayed basis. GIESELER caI1rel1ded the corrmmi ty on this year's Fourth of July celebration. XIV. CITIZENS' DISCUSSION: OSCAR WATSJOLD, Seward, stated that he felt deceived by Cablevision since he is not getting KTUU as promised. He also stated that the "duckwalk" was a good idea and suggested that the cormumity get together to provide a "kidwalk" between the highway and the school to "save our kids". VIRGINIA DARLING, Seward, stated that further harbor studies are not needed, adding that "we have nickled and dinEd I I I 173 PAGE 173 REGULAR MEEI'ING - JULY 13, 1987 VOLUME 22 ourselves to death with surveys". She suggested that the rroney spent in surveys be put to better use. Darling also stated that the Nash Road Harbor would not benefit the downtown nerchants. BOB VAIDATTA, 528 Fifth Avenue, stated that the sound system should be checked since he could not hear in the back of the room. He also asked if the police could be corrpeI1sated with tine off for the extra hours they worked over the Fourth of July weekend. xv. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CrnMENTS: GARZINI stated that Chris Gates (Port Marketing Director) would be Ireeting with Oceantrawl in Seattle within the next week and at that tine would also visit Icicle Seafoods and Totem. XVI. ADJOURNMENT: The Ireeting was adjourned at 9:59 p.m. ~c: ~--4 . Gieseler SPEX:IAL MEEI'ING - JULY 20, 1987 VOLUME 22 I. CALL TO ORDER: The July 20, 1987, special Ireeting of the Seward City Council was called to order at 12: 18 p.m. by Vice Mayor Michael J. Meehan. II. OPENING CEREM)NY: the flag. Councilnerrber Simutis led the pledge of allegiance to III. ROLL CALL: Present were: Vice Mayor M:!ehan and Councilnerrbers Dunham, Hilton, M:!ehan, Ibll and Simutis (Mayor Gieseler and Council- rrember Booher were absent with Council consent) Present also: Engineering and Utilities Manager Dien- er and City Clerk Murphy 174 FLOOD CONTROL/ST. DEPT/RESO/CON- 2,3'5"": (DSR 3404) FLOOD CONTROL/ST. DEPT/RESO/CON- L~7: (DSR 3402) Gravel Pit Road repair - Japp Creek PAGE 174 SPECIAL MEEI'ING - JULY 20, 1987 VOLUME 22 IV. APPIDVAL OF SPECIAL MEm'ING AGENDA: A. HILTON MJVED TO APPRCNE THE SPECIAL MEETING AGENDA AS PRESENI'ED; THE MarION WAS SECOODED BY DUNHAM AND CARRIED UNANIMJUSLY. V. RESOWTIONS: A. Copies having been ma.de available to the public, ~ehan noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS TO THE STREET DEPARIMENT AND AWARDING A CON- TRACI' FOR PAVEMENr REPAIR WITHIN THE CITY (DSR 3404). HILTON MJVED TO APPROVE RESOLUTION NO. 87-060; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED l.JNANTI.OJSLY. (The contract for street repair was awarded to Harley Trucking for a NTE arrount of $29,608.) B. Copies having been ma.de available to the public, ~ehan noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, WAIVING CERI'AIN BIDDING PROCEDURES AND AWARDING A CONTRACT TO RESTORE THE GRAVEL PIT ROAD ACROSS JAPP CREEK, DSR #3402. SIMUI'IS MJVED TO APPRCNE RESOLUTION NO. 87-061; THE MJI'ION WAS SECOODED BY HILTON. Diener stated that the city had received three bids fran Southwest Carpany, Afognak and ~tco, Inc. He stated that Southwest had bid $85/hour for equiprrent tine plus $90 transpor- tation tine for an estima.ted project arrount of $4340. However, Southwest intended to use a 750 John Deer Dozer to perform the work, and in the opinion of the city staff, this equi~nt could not effectively complete the project. Therefore, Diener recan- Irended that the city award to ~tco, Inc., the next low bidder at a rate of $150 per hour. (He explained that ~tco I s estima.t- ed total project price was greater than that presented by Afognak, but his hourly rate was less.) In response to a question fran Noll, Diener stated that the project is a force account job. In response to a question from Hilton, Diener stated that SCIre repair work is needed on this road each year, but dama.ge to it this year had been nuch greater due to the October flood. THE QUESTION WAS CALIED AND THE RESOLUTION WAS AP- PROVED UNANIM:XJSLY. I I I PAGE 175 SPECIAL MEEI'ING - JULY 20, 1987 VOLUME 22 VI. NEW BUSINESS: A. SIMUrIS MJVED TO AUTHORIZE THE CITY MANAGER TO AWARD A CCNI'RACl' 'IO MEm:O, INC., IN AN AMJUNT NOT 'ill EXCEED $77,414, PLUS A CONTINGENCY ACCOUNT FOR CHANGE ORDERS AND CITY PROVIDED MATERIALS OF $7,741, FOR A TOI'AL PRaJECI' AM:XJNl' OF $85,155, FOR RESTORATION OF LCWELL POINT ROAD; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANIMXISLY. VII. COUNCIL DISCUSSION: Diener noted the letter from D & L Construction which had been distributed to Council. He stated that, unless there was serre objection from the Council, he would be presenting a resolution at the next regular rreeting to approve the disposal of serre city-owned quarry rock to D & L. He added that this rock is not produced or sold by any local suppliers. VIII. CITIZENS' DISCUSSION: None IX. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' cn.1MENTS: None x. ADJOURNMENI': The Ireeting was adjourned at 12: 39 p.m. Michael J. l>'eehan Vice Mayor . 175 FLOOD CONTROL/ST. DEPT. /RESO/CON- "2'34 : (Lowell Point Road re- pair) l76 SISTER CITY: (Exchange stu- dents intro.) PAGE 176 REGULAR MEEI'ING - JULY 27, 1987 VOLUME 22 I. CALL TO ORDER: The July 27, 1987, regular Ireeting of the Seward City Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: CounciJ.nErrber M=ehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and CounciJ.nErrbers B0o- her, Dunham, M=ehan and Simutis (CounciJ.nErrbers Hilton and Noll were absent with Council consent) Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer, City Attorney Hughes and City Clerk Murphy SPECIAL ITEM: Murphy introduced students participating in the 1987 student exchange program with (l)ihiro, Japan - Chris Blanken- ship, Linda Lockwood and Rae Ellen Hightower of Seward (Fletcher Sewall was not present) and Toru Kondo, Takuya Hiroo, Tama.ki Yoshida and Wakako Gorai of (l)ihiro. She also introduced Yukie Takenaka, a 1985 exchange student fran (l)ihiro who will be living in Seward for the 1987/88 school year and auditing classes at Seward High School. IV. APPROVAL OF MINUTES: B<X>HER MJVED TO APPIDlE THE JULY 13 AND 20, 1987, MINUTES AS WRITI'EN; THE IDI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSEN!' CALENDAR & REGULAR MEEI'ING AGENDA: MEEHAN MJ\lED TO APPROVE THE REGULAR MEEI'ING AGENDA AND THE CONSENT CALENDAR AS PRESENI'ED; THE MJI'ION WAS SECONDED BY SIMUrIS AND CARRIED UNANIMJUSLY. The following actions were taken: PURCHASING/RESO: 1. Resolution No. 87-062, authorizing the disposal of quarry rock to D & L Construction Corrpany, was approved and filed; CON- /RESO: 2. Resolution No. 87-063, awarding a contract to ship generator No. 5 to Boise, Idaho, and back to Seward without full utilization of city bid procedures, was approved and filed; I I I PAGE 177 RffiULAR MEEI'ING - JULY 27, 1987 VOLUME 22 3. Resolution No. 87-064, authorizing the city ma.nager to execute a rrerrorandwn of understanding between the city and AVTEC, accepting a grant from AVTEC and appropriating the funds to the Parks and Recreation DepartIrent budget, was approved and filed; 4. ABCB notification of application for transfer of a liquor license fran Jean E. Leer (Mini Mall) to J. D. and Beverly Perdew (Red Rooster) was filed without objection; 5. ABCB request for restaurant designation as filed by J. D. and Beverly Perdew (Red Rooster) was approved and filed; 6. July 21, 1987, rrerrorandwn from Harborma.ster Singleton requesting approval to pay invoice #812-1430 from Lloyd's Register for ship lift inspection, said invoice totalling $14,565, was noted and approval was given; 177 PARKS & REC/CON- MD/RESO: (AVTEC Agrmt. ) ABCB: (Transfer Mini Mall to Red Rooster) ABCB: (Rest.Desig. for Red Rooster) CON- 012: 7. July 22, 1987, rrerrorandwn from City Clerk Murphy glvlng notice of appeal of Planning Comnission Action as filed by Ernest Blatchford, was noted for informa.tion and filed; and 8. Change orders to the Sarrwhan Contract for prison ~: construction were noted for informa.tion and filed as follows: C.O.#53 - Providing all eguiprrent, materials and labor to install EM!' conduit rough-in and co-axial TV cable to isolation cell (+ $7,795); C.o. #54 - Providing all equiprent, materials and labor to relocate power and camunications lines at Ireta I-free zone (+ $6,859); C.O.#55 - Providing all equiprrent, materials and labor to install 3-posi tion rocker switches wi th additional function of silencing the audible signal from each cell (+ $2,545); C.O.#56 - Providing all equiprent, materials and labor to incorporate architectural revisions described in revision No. 3 (+ $71,700); C.O.#57 - Providing all equiprrent, materials and labor to incorporate architectural revisions described in revision No. 5 (+ $187,781); C.O.#58 - Providing all eguiprrent, materials and labor to add electrical receptacles in the APS kitch- en, Room 1-119, and add electrical power to fan EF-8 (+ $3,265); and C.O.#59 - Providing all equiprrent, materials and labor to add six-inch concrete slab over fuel oil 178 PAGE 178 REGULAR MEETING - JULY 27, 1987 VOLUME 22 tanks due to shallow top cover and revise tower stairs' structural steel due to design deficiency (+ $6,300). VI. BORCUGH ASSEMBLY REPaRI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the last Asserrbly Ireeting. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) A. WILIARD DUNHAM, representing the Seward Chapter of the International Association of Personnel in EIrployrrent Security (IAPES), stated that the Seward Joo Services office was a full scale employrrent service center and added that the Seward office had exceeded its goals over the past year. He ccmrended Gieseler for his support of the office both in his official capacity as Mayor of Council and in his professional capacity as ma.nager of the Anny Rec Canp. Dunham presented Gieseler with the IAPES 1987 Citation Award in recognition of his support. Dunham also stated that he was sorry that he was unable to personally present the Trade Board's annual report at the last rreeting and offered to answer any questions which the Council might have concerning Trade Board acti vi ties. Gieseler thanked Dunham for the report and stated that he and the other nembers of the Trade Board should be proud of their reputation throughout the State, noting that the Seward Trade Board has been used as a rrodel for similar boards in other conmmities. Gieseler also coITlTEIlded the local Job Services office. Booher concurred, stating that no other office in the state was staffed by a rrore active and concerned group. B. STAN STEADMAN, Economic Develotxrent Officer for the Kenai Peninsula Borough, stated that the process is current- 1 y underway to create a boroughwide Economic Develotxrent Dis- trict. He noted that he and Kevin Fenner had already approached the Seward Trade Board and had been given its support. He explained that the borough had reorganized the Resource Develop- rrent Conmission and the Economic Develotxrent Departrrent within the last year in an effort to expand its horizons to include all econanic developIrent within the borough and not just resource developrrent. He stated that the proposed EDD would be a non- profit corporation which could operate at arms length from the governrrent. Steadma.n noted that the Federal EDA recognized EDD's by giving a 10% bonus to areas where an EDD is in exis- tence. He urged the Council to support proposed Resolution No. 87-065, endorsing the creation of the EDD. He added that Kenai, Soldotna and Homer had already endorsed the idea. In response I I I PAGE 179 REGUIAR MEEI'ING - JULY 27, 1987 VOLUME 22 to a question fran the Council, Steadma.n stated that, if forrred, rrost of the directors on the EDD would be appointed by the City Councils of the participating corrm.mities. C. DAVID HEADLEY, representing KRXA Radio, stated that KRXA was interested in taking over the operation of the Mt. Wolcott translator station. He explained that, in exchange for the $4.00 fee collected by the city, KRXA would hire a full tine engineer and could then inprove both television and radio service to the cormnmity. He stated that, since the newspaper article concerning his proposal was published, he had received a good deal of positive response from the public. Gieseler noted a letter from M::>ose Pass Sportrren' s Club which had been distributed to the Council. (MPSC also proposed to take over ma.intenance and operation of the Mt. Wolcott station.) Garzini stated that the city was interested in staying out of the television fee collection business. He advised Council that his staff would continue to work with both KRXA and MPSC and would care back to Council with a recornrendation at the next Ireeting. D. ALEX RULE was given pennission to speak to the Mt. Wolcott issue. He stated that he was a longtine Seward resident willing to continue to pay the $4.00 service fee in order to receive KTUU (Channel 9). He stated that the presence of cable television in Seward should have no bearing on whether the Mt. Wolcott translator is ma.intained. He stated that he had flown over the site recently and that it is in excellent condi- tion. He urged the Council to get sareone to repair the trans- lator while the weather is still good. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: 1. public, Gieseler entitled: Copies having been ma.de available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO SPEX:IAL EVENTS PERMITS AND ESTABLISHING CRAPTER 9, REQUIRED PERMITS, OF THE SEWARD CITY CODE. Gieseler noted that this item was not scheduled for public hearing; public hearing had been held on June 22 and the rrotion for enactrrent of the ordinance had been postponed at that 179 PERMITS/ORD: (Spec events ord amendec & public hearing sched. for 08/10) 1'"'(1 - () '"' PERMITS/VEHICLES FOR HIRE/ORD: (VFH permits to be issued by C. Clerk) CITY CHARTER/RESO: (Reso placing charter amend. re standing corn. on ballot FAILED) PAGE 180 RmJLAR MEEI'ING - JULY 27, 1987 VOLUME 22 Ireeting. He also noted Murphy's July 23, 1987, rrerrorandwn which stated that City Attorney Mary Hughes had drafted a substitute ordinance [No. 591 (Substitute)] which had been included in the Council's packets and was available for the public. Murphy explained that the substitute ordinance attempted to address the concerns expressed by the Council and the public at the June 22 rreeting. MEEHAN MJVED TO AMEND PROPOSED ORDINANCE NO. 591 BY REPLACING IT WITH ORDINANCE NO. 591 (SUBsrI'IUTE) AND TO SCHEDULE PUBLIC HEARING ON THE SUBsrITUTE ORDINANCE FOR THE AUGUST 10, 1987, MEEI'n:G; THE MarION WAS SECONDED BY SIMJTIS AND CARRIED UNANIMJUSLY. 2. Copies having been ma.de available to the public, Gieseler noted by ti tle only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECI'Irn 20-3 (B) OF THE CITY CODE 'IO AJ..J1JfJ THE ADMINISTRATION TO ISSUE VEHICLE FOR HIRE PERMITS WITHOUT THE PRIOR APPROITAL OF THE CITY COUNCIL. 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 MJVED TO ENl\CI' ORDINANCE 00. 592; THE MJrlrn WAS SECONDED BY SIMUrIS AND CARRIED UNANlM)USLY. C. Resolutions: 1. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLtJrION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REFERRING A PROPOSED CITY CHARl'ER AMENDMENT 'IO THE ELEC'IORATE AT THE OCTOBER 6, 1987, REGULAR CITY ELECl'ION. GIESELER MJVED TO APPROVE RESOLUTION NO. 87-053; THE MJI'ION WAS SECONDED BY SIMUrIS. Garzini noted that he had initiated the appointrrent of special corrmittees of the Council serre three years ago and explained that special or ad hoc corrmittees are all~d under the existing charter and code of the city. HcMever, these camnittees had continued from year to year since that tine and had taken on the appearance of standing corrmi ttees which are not allowed under the city charter. He stated that he would rather do EMay with corrmittees altogether than to fall into the "c0m- mittee trap" which plagues serre other cities. Gieseler stated I I I PAGE 181 REGULAR MEEI'ING - JULY 27, 1987 VOLUME 22 that he did not want to see the creation of powerful standing comnittees, but he did want the Council to operate legally. Hughes stated that the Council could, under the current code and charter, continue to have special comnittees if those comnittees were appointed on an annual basis and ceased to exist annually. THE QUESTION WAS CALLED AND THE MarION TO APPROVE THE RESOLUTION FAIlED WITH ALL MEMBERS PRESENT VOTING "NO". The Clerk was instructed to see that the Council's rules of proce- dure are arrended to state that corrrni ttees will be appointed annually by the Mayor, with the consent of the Council, and that these appointIrents will be ma.de following the regular election each year. 2. Copies having been ma.de 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, SUPPORI'ING THE EFFORI'S OF THE KENAI PENINSULA BOROUGH 'IO PURSUE '!HE ESTABLISHMENT OF A BOROUGHWIDE ECONCMIC DEVELOPMENT DISTRICT. SIMUTIS M)VEO TO APPROVE RESOLUTION NO. 87-065; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIM:XJSLY. 3. Copies having been ma.de available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER 'IO EXECtJI'E A ro-JER SALES AGREEMENT FOR ITS ALLO'2ATION OF BRADLEY lAKE ro-JER AND TO EXECUTE WHEELING AGREEMENTS WITH REA AND CEA. SIMUrIS MJVED TO APPROVE RESOLUTION NO. 87-066; THE MJI'ION WAS SECONDED BY MEEHAN. Garzini recorrrrended that the Council postpone action on the proposed resolution for 30 days. SIMUTIS IDVED TO POSTPONE ACTION CN PROPOSED RESOLU- TION NO. 87-066 UNTIL THE AUGUST 24, 1987, MEEI'ING; THE MJTION WAS SECONDED BY B<X>HER AND CARRIED UNANIM:>USLY. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: 181 ECONOMIC DEV.DIST/ RESO: (KPB EDD supported) ELEC DEPT/RESO: (Bradley Lake Reso postponed for 30 days) ... ("'\r"; ... '~l,~l LEASES/RE- / OCEANVIEW SUB: (Auth. to pro- ceed w/negot. approved) ARR: (D. Urbach appointed to ARR/CBC) PAGE 182 REGUIAR MEEI'ING - JULY 27, 1987 VOLUME 22 A. MEEHAN:t-UVED 'IO AUTHORIZE THE CITY MANAGER TO PROCEED WITH NEGCYrIATING A LEASE, ESTABLISHING A SITE AND SCHEDULING A PUBLIC HEARING FOR LEASE OF A PORl'ION OF BLOCK 6, OCFANVIEW SUBDIVISION, 'IO RAY AND LESLIE SIMUI'IS; THE MJI'ION WAS SECONDED BY B<X>HER. Administrative Assistant Kerry Martin stated that construction of the proposed restaurant would fit in with the Waterfront Plan. He stated that, if approved, the city would follow the Council's lease procedure. Following construction of the restaurant, the city would develop a park area between the lease site and the public restroans. THE QUESTION WAS CALLED AND THE MJI'ION PASSED WI'!H FOUR "YES" VOTES AND SIMUrIS ABSTAINING. (Simutis abstained because of her financial interest in the project.) B. GIESELER MJVED TO APPOINI' DORCII'HY URBACH 'IO THE ALASKA RAILROAD C<M'lUNITY BRIEFING COUNCIL; THE MJI'ION WAS SECONDED BY B<X>HER AND CARRIED UNANIMJUSLY. The Clerk was instructed to write a congratulatory letter to Urbach. C. Carzini noted that the Trade Board Resolution No. 87-001, urging the city council to support the develotxrent of the Spring Creek Seafood Park, had been included in the council packets for infornation. Garzini stated that he planned to a;me to the Council at the next rreeting with a resolution placing a bond proposition on the October ballot to finance construction of a dock at the SMIC north bulkhead. He stated that the Trade Board resolution showed the Board I s support for this project. XII. CITY MANAGER REPORl'S: GARZINI stated that the city had in hand $415,000 for the Senior Center/MuseUm, adding that he would bring a package to the Council at the next Ireeting referring a bond proposition to the voters to bond an additional $415,000 to cclver the cost of purchase and rerrod.el of the old post office building. This would accormodate the senior/ccmm.mity center on the main floor and the musewn in the baserrent. Garzini also stated that the staff is still working on a resolution of the Gateway Ventures/Gateway SUbdivision finan- cial dilemm. He asked the clerk to schedule a work session to discuss Gateway for 7: 00 p. m., M::mday, August 3. XIII. COUNCIL DISCUSSION: DUNHAM stated that Princess Cruises will add Seward to its itinerary next year. She also noted that the city of Seward had incorporated seventy-five years ago and suggested that the city corrnerrorate this event in serre way. Dunham also stated that the agenda needed to be arrended to allow citizen comrrents before action is taken. I I I J8.3 PAGE 183 REGULAR MEEI'ING - JULY 27, 1987 VOLUME 22 B<X>HER stated that the city needs to start "selling" the SMIC. Garzini stated that the Ibtary Club was conducting a tour of the prison and the SMIC on Friday and invited the Council and the newspaper to attend. GIESELER stated that he was inpressed with the pro- gress being made on the Teen Center rerrodel. He noted that the construction is "first class" and comrended Parks and Recreation Director Judi Andrijanoff for a job well done. XIV. CITIZENS' DISCUSSION: WILLARD DUNHAM., Alder and Dianond Streets, noted that the local newspaper had contained an article concerning a sma.ll child who had been bitten by a pit bull. He stated that the Council should consider sorre sort of action against these dogs before serrething really serious happens. Dunham also cormended the Council for going forward with the Simutis proposal for a restaurant in the Small Boat Harbor. YN. COUNCIL AND AIMIN. RESPONSE TO CITIZENS' COMMENrS: None XVI. ADJOURNMENT: The IlEeting was adjourned at 9: 45 p.m. ~~~,~ ~ Gieseler 18t, PAGE 184 REGULAR MEETING - AUGUST 10, 1987 VOLUME 21 I. CALL TO ORDER: The August 10, 1987, regular rreeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: Council1rember Hilton led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Council1rembers Dun- ham, Hilton, Noll and Simutis (Coun- cil1rembers Booher and M=ehan were absent with Council consent) Present also: City Manager Garzini and City Clerk Murphy SPECIAL ITEM: Gieseler introduced city lobbyist Kent Dawson. IV. APPROVAL OF MINUI'ES: SIMUrIS MJVED TO APPROVE '!HE JULY 27, 1987, MINUI'ES AS WRITI'EN; THE MJI'ION WAS SECONDED BY HILTON AND CARRIED UNANI- M:XJSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: Gieseler noted the following additions to the Consent Calendar: 8. Proposed Resolution No. 87-072, in support of the state of Alaska's application to locate the super collider project in Interior Alaska; and 9. Proposed Resolution No. 87-073, awarding a contract for paving Nash Road extension without full utilization of city bid procedures. Gieseler also noted one addition to the regular rreeting agenda - Robert Gottstein would nake a presentation under "Citizens' Discussion with prior notice". In response to a question fran Hilton, Garzini stated that a plot plan of the Marine Industrial Center had been approved by the Council as part of the developrEnt of the cradles and rails system, adding that the road extension to be paved (if Council approved proposed Resolution No. 87-073) was a platted roadway within that plan. I I I PAGE 185 REGULAR MEEI'ING - AUGUST 10, 1987 VOLUME 21 SIMUl'IS MJVED TO APPROVE THE REGULAR MEEI'ING AGENDA AND THE CONsmr CALENDAR AS AMENDED; THE IDI'ION WAS SEX:ONDED BY HILTON AND CARRIED UNANIMJUSLY. The following actions were taken: 1. Resolution No. 87-067, approving the receipt of a municipal assistance grant fran the state of Alaska for the purpose of extending electrical service to Carrelot Subdivision, was approved and filed; 2. Resolution No. 87-068, approving the receipt of a municipal assistance grant fran the state of Alaska for the purpose of a senior/corrmunity center, was approved and filed; 3. Resolution No. 87-069, designating city ma.nager Ponald A. Garzini as the authorized representative relative to the purchase of equiprrent through the Alaska Surplus Property Service, was approved and filed; 4. Invoices for legal services for the rronth of April 1987 totalling $37,247.09 as filed by Irn;P&B, were ap- proved for payrrEnt and filed; 5. Bob Peirson contract to filed; August 6, 1987, rrerrorandum from Finance Director requesting extension of the Hendrix and Esslinger perform the FY 1987 city audit, was approved and 6. August 4, 1987, rrerrorandwn from Deputy City Manager Schaeferrreyer requesting approval of M::xlification No. 5 to the Dawson and Associates lobbying contract was approved and filed; 7. August 4, 1987, rrerrorandwn from Engineering and Utilities Manager E. Paul Diener regarding a Notice of Utility Tariff Filing which proposes to increase the interim rate charge for electrical power by Chugach Electric Association, was noted for informa.tion and filed; 8. Resolution No. 87-072, in support of the state of Alaska's application for location of the super collider project in Interior Alaska, was approved and filed; and 9. Resolution No. 87-073, awarding a contract for paving the Nash Road extension without full utilization of city bid procedures, was approved and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the August 4, 1987, KPB Assembly Ireeting. He noted that he intended to introduce Ordinance No. 87-46, authorizing a $2.2 Million supplerrental 185 GRAN'l'S/RESO: GRANTS/RESO/COM. CENTER: PURCHASING/RESO: C.ATTY: FINANCE DEPT. (Audit)/CON- CON-jIg /LOBBYING IND.DEV/RESO: STREETS/CON-c.4Z1 RESO: -0~ ~ " 1_1...... BOARD OF ADJUST- MENT HEARINGS/ VARIANCE: PAGE 186 REGUIAR MEETING - AUGUST 10, 1987 VOLUME 21 appropriation to the School District, at the next Assenbly rreeting. VII. PUBLIC HEARINGS: Notice of Board of lIdjustrrent Hearing, as posted and published by law, relative to an appeal of the Planning Corrmission's denial of a variance as requested by Ernest Blatchford to construct a carport within the 20' setback of lot SA, Block 31, Original TaYnsite of Seward, was noted and the public hearing was opened. EDGAR BlATCHFORD, 504 Fourth Avenue, stated that he was speaking on behalf of his father, Ernest Blatchford. He stated that Blatchford had purchased his house and property sane thirty years ago and since then had made nuroorous inproverrents, including adding a pitched roof and a shed porch. He noted that none of his father's neighbors objected to the addition of a carport, adding that it ~uld be an inproverrent to tRe property. In response to a question fran Hilton, Blatchford stated that the carport ~uld abut the porch/shed, not the house. In response to a question from Gieseler, Blatchford stated that his father did not think it necessary to be represented at the Planning Corrmission rreeting since he had been led to believe that there ~uld be no objection to granting the variance. No one else appeared in order to be heard and the public hearing was closed. NOLL MJVED TO GRANT THE APPEAL AS FILED BY ERNEST BIATCHFORD; THE IDI'ION WAS S:ocrnDED BY SIMUI'IS. Dunham stated that the city has routinely granted variances in the past, adding that she ~uld like to see the Planning Ccmnission reconsider the application and "maybe negotiate with Mr. Blatchford". Gieseler objected, stating that the Council appointed the Planning Comnission and provided rules and regulations for them to folloo. He stated that the city should stick to the rules that have been set. He added that Mr. Blatchford should have been present at the Planning Comnission rreeting and at this rreeting to defend his request and to answer questions fran the Ccmnission and the Council. Dunham stated that granting a variance could not be contingent upon whether an applicant could carre forward and speak for it. Si1m1tis added that the Council does not always have to agree with the deci- sions of the Ccmnission. She, too, stated that 818 ~uld like to see Mr. Blatchford negotiate with the Planning Comnission for an acceptable solution. Hilton concurred. THE QUESTION WAS CALLED AND '!HE IDTION TO GRANT THE APPEAL CARRIED UNANIM:USLY. SIMUI'IS MJVED TO REMAND THE APPLICATION FOR VARIANCE J3..Z\CK TO THE PIANNING CCMITSSION FOR RECONSIDERATION; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. I I I I87 PAGE 187 REX;ULAR MEEI'ING - AUGUST 10, 1987 VOLUME 21 VIII. CITIZENS' DISCUSSION: (With prior notice only) ROBERI' GOTTSTEIN, representing Carr/Gottstein Prop- erties, stated that he and his partners had purchased property on the Seward Highway for developrrent of a Food Mart. He stated that the intent had been to break ground as soon as possible so that the new grocery store could open around the first of the year. However, after reviewing the electric demand rate which the store would be charged, questions had been raised about the viability of the project. He stated that, unless an agreerrent could be reached with the city for a lesser rate, the develop- rrent could not take place. Garzini stated that the adminis- tration would review Gottstein's estimated IlOnthly usage and demand and would try to corre back to the Council with a contract for electrical service at the next rreeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: l. public, Gieseler entitled: Copies having been made available to the noted by ti tIe only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ELIMINATING THAT PORI'ION OF SECTION 17-5.7 (B) OF THE CITY CODE REX;)UIRING CITY EMPWYEES TO SUBMIT TO ANNUAL TUBERCULIN TESTING. SIMUI'IS MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 593; THE IDI'ION WAS SECONDED BY HIL'Irn AND CARRIED UNANIM:USLY. Public hearing was scheduled for August 24, 1987. 2. public, Gieseler entitled : Copies having been made available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 17-4.11 OF THE SEWARD CITY CODE REGARDING OVERI'IME PAY FOR EMPWYEES. SIMIJTIS MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 594; THE MOl'ION WAS S:ocrnDED BY HILTON. In response to a question from Hilton, Garzini stated that at budget time he had reduced the Police Departrrent budget in anticipation of changing the rules regarding payrrent of overtime, specifically by eliminating "double time and one-half" and "triple time" for ~rk on holidays and weekends. He stated that this ordinance ~uld effect those changes. Garzini noted that this ~uld primarily affect the Police Departrrent and the Street Departrrent. Hilton suggested that enployees receive time ~_88 PAGE 188 REGULAR MEETING - AUGUST 10, 1987 VOLUME 21 and one-half for ~rking on the holiday plus an extra day in the enployee's leave bank for use at another time. Garzini explained that the Police Depa.rt:rrent staff has been reduced to the point that whenever one of its rrembers takes a day off, the overtime problem is increased since SOIIeOne is required to work for that errployee. Garzini added that the FY 1988 budget was based on enactrrent of this ordinance and without it, the Police Departrrent would be in real trouble before the end of the year. In response to Noll's question concerning the actual savings which would be realized with enactrrent of this ordinance, Garzini stated that he ~uld have those figures for the Council at the next rreeting. Dunham suggested that Council establish a contingency fund to cover the overtine and holiday pay which was necessitated by special events sponsored by the Council. She noted that the Council had sponsored and encouraged the extra Fourth of July events which, in turn, caused an even greater inpact on the Police Departrrent. THE QUESTION WAS CALLED AND PROPOSED ORDINANCE NO. 594 WAS INTRODUCED BY UNANIMJUS VOI'E OF THE COUNCIL. Public hearing was scheduled for August 24, 1987. 3. public, Gieseler entitled: Copies having been made available to the noted by ti tle only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE, CHAPTER 4, ANIMALS AND FCw.L, REGARDING LIVESTCCK. SIMUTIS MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 595; THE IDI'ION WAS S:ocrnDED BY HILTON. Simutis cbjected to including all livestock in the provisions of the ordinance, noting that, if enacted, this ordinance ~uld alloo one to keep rabbits for a pet only if one ooned or lived on a lot of one acre or IlOre. She added that, even with larger animals, an acre may not be necessary. Garzini stated that the administration would work on preparing any arrendrrents the Council deerred necessary, adding, however, that lot sizes in Seward are typically quite small and, in IlOst cases, not large enough to accamodate a horse. Simutis stated that she ~uld like to see an arrendrrent decreasing the minimum lot size and eliminating rabbits frCXll the scope of the ordi- nance. Gieseler stated that he thought the ordinance was a good one. He added that the Council and administration should look at lot sizes and types of animals in drafting any arrendrrents. Dunham suggested that the Council address the issue fran the treat:rrent or mistreatrrent of animals angle. Garzini stated that such a focus would be harder to enforce since the question of mistreatrrent was a subjective one. I I I PAGE 189 REGUIAR MEETING - AUGUST 10, 1987 VOllJME 21 Hilton suggested that an arrendrrent addressing the nurrber of animals allowed on a lot be drafted. He also objected to the "grandfathering" of animals already kept within the city and asked that this section be deleted. Garzini explained that IlOst ccmnunities control the livestock issue by zone, allooing livestock only in a rural residential setting; however, Forest Acres (the only Rural Residential Zone wi thin the city) now has several smaller lots. Garzini stated that 1\dministrative Assistant Kerry Martin would draft aITendrrents addressing the concerns expressed by the Council prior to the next rreeting. THE QUESTION WAS CALLED AND PROPOSED ORDINANCE NO. 595 WAS INTRODUCED BY UNANIMJUS VOTE OF THE COUNCIL. Public hearing was scheduled for August 24, 1987. RECESS: The meeting was recessed at 8:50 p.m. and reconveped at 9:05 p.m. B. Ordinances for Public Hearing and EnactJrent: 1. public, Gieseler entitled: Copies having been made available to the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, AlASKA, RElATING TO OUTIXX>R ASSEMBLIES AND ESTABLISHING CHAPI'ER 9, RmJIREIJ PERMITS, OF THE SEWARD CITY CODE. Notice of public hearing, as posted and published by law, regarding proposed Ordinance No. 591 (Substitute) was noted and the public hearing was opened. ROBERI'A KAIMAEL, Carrelot Subdivision, objected to the ordinance in concept and content. She stated that the ordinance abridges the constitutional rights to assembly and is an inva- sion of privacy. She added that, while the Council might want to consider mandating a penni t for parades, enactJrent of this ordinance ~uld invite testing through civil disobedience and/or lawsuits. Gieseler noted a letter from JUDITH ORAVEC objecting to the ordinance. JOHN IARKIN, Camelot Subdivision, asked for and was granted 10 minutes to present his objections to the proposed ordinance. He contended that, contrary to claims by the attor- neys and the administration, the substitute ordinance before the Council was substantially the same as the original ordinance which the Council had criticized as too restrictive. Larkin also distributed a letter from Ron Zobel which stated that the 189 PERMITS/ORD: (Requiring notice of assembly of large groups -- Ordinance FAILED) - 0" __"J V PAGE 190 RmJLAR MEEI'ING - AUGUST 10, 1987 VOLUME 21 proposed ordinance questions" and that unconstitutional" . "raises several serious constitutional "a strong argurrent can be made that it is DAVID RAMIREZ, Old Nash Road, stated that he had contacted the Arrerican Civil Liberties Union (ACLU) and had been assured that the ACLU would bear the cost of defending anyone interested in challenging the ordinance if enacted. Ramirez contended that the inpetus of the ordinance was to abridge the rights of Seward Citizens for Nuclear Disa.nIEllEnt. PETER GOLDMAN, Camelot Subdivision, urged the Council to defeat the ordinance, stating that it was an unfair restric- tion of the freedan of speech and assembly. He stated that good laws should be absolutely inpartial, but this ordinance "invites abuse of power" by giving the city manager the authority to approve or disapprove the right to assemble. Goldman also objected to the elimination of the appeals process (in the substitute ordinance). No one else appeared in order to be heard and the public hearing was closed. Murphy stated that a notion to enact proposed Ordi- nance No. 591 (Substitute) was already on the floor. Garzini stated that this ordinance would apply only to groups of people wishing to congregate on public property and would not prohibit group activities on private property. He added that allrost every COImIUIlity limits what can be done in its parks and streets. He stated that he had contacted the attorney for the municipality of Anchorage and had been assured that Anchorage requires a pennit to assemble on streets and in public parks. Garzini noted that the proposed ordinance is a "matter of balancing needs, not denying rights" and that its purpose was solely for the purpose of assuring the minimum adverse inpact on the city. Hilton stated that, at first glance, he thought this (ordinance) was a good idea; however, he noo could see no need for it. He added that he was not convinced that the ordinance ~uld lessen the city's liability. Simutis stated that this ordinance was proposed to protect the rights of those wishing to use public facilities as well as the rights of others in the corrm.m.i ty . She added that she sees the substitute ordinance as being very different from the original. Noll stated that the discretionary po1Ner given to the city manager relative to insurance concerned him. G3.rzini noted that the city requires insurance of those using city property and facilities on a weekly basis, noting leases, contracts, etc. I I I PAGE 191 REGUIAR MEEI'ING - AUGUST 10, 1987 VOWME 21 Noll stated that there was a "difference between doing business and assembling". Dunham objected to the ordinance because it "does not alloo for spontaneity". Hilton stated that he had a problem with controlling public access to public property. Simutis stated that she still considered the ordinance a good one, but thought that there may not be a real need for it at this time. Gieseler congratulated those who had care fo:cward to testify but noted that everyone who spoke during the hearing lived outside of town. He stated that citizens of Seward who had contacted him were in favor of the ordinance. THE QUESTION WAS CALLED AND THE IDI'ION TO ENACT PROPOSED ORDINANCE NO. 591 FAILED WITH FOUR "NO" varES AND GIESELER VOTING "YES". C. Resolutions: 1. 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, PFDVIDING FOR THE SUBMIS- SION TO THE QUALIFIED VOTERS OF THE CITY THE QUESTION OF THE ISSUANCE OF $450,000 OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COSTS OF PLANNING, DESIGNING, CONSTRUC- TION AND LAND ACQUISITION FOR A SENIOR CITIZENS/CCMMUNITY CENTER AT THE ELECl'ION TO BE HElD FOR THAT PURPOSE IN THE CITY OF SEWARD, ALASKA, ON o:'IDBER 6, 1987. HILTON MJVED TO APPROIlE RESOlllTION NO. 87-070; THE IDI'ION WAS SECONDED BY SIMUI'IS. Garzini stated that it was the administration's intention to locate the senior/corrmunity center and the rmseum in the sarre facility. He stated that the Seniors would manage the corrmuni ty portion of the facility. He noted that at a special election of February 5, 1985, the voters had indicated that it approved of the concept of a senior / corrmuni ty center and that the public would be willing to bond for a portion of the cost of construction of such a facility. Garzini also noted that the city has no outstanding debt which is not revenue- backed, adding that, if approved, this proposition ~uld create a $50,000 annual debt service to the corrmunity, an arrount which it could well afford. In response to a question fran Hilton, ~_91 COM.CENTER/ELEC- TIONS/BONDS/RESO: (Prop. 1, 10/06/ 87 Election - re sale of bonds for community center/ museum) "'_?2 DOCKS & HARBORS/ ELECTIONS/BONDS/ RESO: (Prop. #2, 10/06/87 Elec., re - bonds for construction of cargo dock fac. at N. Bulkhead of SMIC) PAGE 192 REGULAR MEETING - AUGUST 10, 1987 VOLUME 21 Garzini stated that the city ~uld oon the facility, and that the Seniors and the M..1seum ~uld be responsible for paying utility costs. GIESELER REX;)UESTED THAT THE PROPOSED RESOLUTION BE AMENDED BY INCLUDING THE MUSEUM IN THE IDRDING OF THE PROPOSI- TION; THERE WAS NO OBJ.EX:TION FRa1 THE COUNCIL AND THE RESOLUTICN WAS SO AMENDED. THE QUESTION WAS CALLED AND RESOLUTICN NO. 87-070 WAS APPOOVED BY tJNANIM)US VOI'E OF THE COONCIL. 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, PROVIDIN; FOR THE SUBMIS- SION TO THE QUALIFIED VOTERS OF THE CITY THE QUESTICN OF THE ISSUANCE OF $2. 1 MILLION OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COSTS OF PIANNING, DESIGNING, CONSTRUC- TICN AND lAND ACQUISITION FOR NEW PUBLIC CARGO rxx::K FACILITIES AT THE ELECrION TO BE HELD FOR THAT PURPOSE IN 'mE CITY OF SEWARD, ALASKA, ON a:TOBER 6, 1987. SIMUI'IS MJVED TO APPROIlE RESOLUTION NO. 87-071; THE IDI'ION WAS SECONDED BY DUNHAM. Port Marketing Director Chris Gates stated that the city had received a letter fran Oceantrawl stating that the cOIlpany has chosen Honer as the site to l10rm port its Alaska- based vessels. Oceantrawl had indicated that the city of Harer has promised to bond for construction of the cold storage facility needed by Oceantrawl, a ccmnitmant which the city of Seward was unwilling to make. Gates stated that, even without the prospect of Oceantrawl caning to Seward, he ~uld still reCOIlll'end that the city proceed with construction of a cargo dock at the north bulkhead. He noted that the dock ~uld provide slope stability by stopping the erosion which is now taking place and would provide a 21' draft at low tide. Garzini stated that, during his trip to Seattle with Mayor Gieseler and Gates to present the city's proposal to Oceantrawl, he had called on others in the bottcrn fish industry. He stated that all had expressed an interest in calling on Seward for pro- visions and repairs. THE QUESTION WAS CALLED AND RESOLUTION NO. 87-071 WAS APPROVED BY tJNANIM)US VOlE OF COUNCIL. X. UNFINISHED BUSINESS: None I I I PAGE 193 REGUIAR MEETING - AUGUST 10, 1987 VOLUME 21 XI. NEW BUSINESS: A. HILTON IDVEJ) 'ID APPROIlE 'lEE PAYMENT OF A CLAIM FRCM JEANNE MADDCCKS, DBA SEWARD CAB CCMPANY, TOrALLING $2226.- 17 i THE MJI'ION WAS SOCONDED BY SIMUTIS. Diener explained that the city had provided pooer to the site as requested; however, the occupants of the building had failed to turn on the master switch. He noted that the city's responsibility ends at the rreter. THE QUESTION WAS CALLED AND THE IDI'ION FAILED WITH ALL MEMBERS PRESENT VarING "NO". XII. CITY MANAGER REPORI'S: GARZINI stated that the Public WJrks Departrrent would grade the Andrews property for use as a parking lot through the winter. XIII. COUNCIL DISCUSSION: SIMUTIS asked if there was anything in Seward Fisher- ies' agreeITent with the city concerning odor control at the rreal plant. Gieseler explained that ~ had indicated to him that the plant had received a large shiprrent of bad fish for process- ing and the crew had been too busy to add the odor masker to control this problem. HILTON asked for a status report on Japp Creek. Diener stated that he had no solution to offer to the problem. He stated that the federal governrrent will provide funding to protect public facilities (such as the Rec Canp and the Genera- tor Plant) but not for protection of private properties (such as Forest Acres Subdivision). Garzini suggested that Council might want to include a request for funding to take care of this problem in the city's CIP list this fall. Diener estimated that extension of the dike to protect the subdivision ~uld cost about $300,000. He suggested that another solution might be the exportation of gravel from Seward by a private company or individual, adding that this might be an acceptable "back haul" to Seward via the Alaska Railroad. GIESELER announced his candidacy for Mayor for another tv<o years, adding that he would not use his position as a campaign platfonn. XIV. CITIZENS' DISCUSSION: JAMIE ROSE, 407 Third Avenue, stated that the nwu had made a good proposal (along with Northern Stevedoring) to Oceantrawl. He added that he hopes that whoever operates the proposed new dock facility will use the local ILWU rrerIDers for its labor force on the dock. Rose also stated that ILWU ~uld 193 CLAIM FOR DAMAGES: (Maddocks Claim DENIED) - ':' /. ._:.,.. -. PAGE 194 REX;ULAR MEETING - AUGUST 10, 1987 VOLUME 21 like to be included in the planning stages when the city dis- cusses the use of public dock facilities with potential opera- tors. JOHN GlASSER, 405 Fourth Avenue, stated that he was head of the Parking Corrmittee for doontoon rrerchants. He noted that he had presented several recamendations to the city administration as well as a resolution of support fran the Charrber of Cormerce, but thus far nothing had been done. He urged the Council to take action to alleviate the parking problems in the downtoon area before next SUImer. DAVID BROSSCW, 1608 Vista Drive, stated that he was speaking on behalf of the Police Depa.rt:rrent enployees. He stated that the PD enployees were opposed to proposed Ordinance No. 594 which would eliminate triple time for hours ~rked on a designated holiday. He stated that he had checked with other municipalities and had found that nost of them give holiday pay plus time and one-half. He added that city enployees were willing to accept this, but were opposed to the administration's recomrendations. Brossoo noted that nost PD enployees lose what arrounts to 11 days off per year since the PD must operate 24 hours per day, 7 days per week, and cannot close for a holiday the way other depa.rt:rrents do. XV. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCM1ENTS: GIESELER asked hoo IBEW linerren are compensated for holiday ~rk. Garzini stated that they currently are paid triple tine, but noted that negotiations for a new contract begin next nonth. Garzini also reminded Council that the city rrust watch hoo enployees are carpensated vis-a-vis enployees in the local private sector. NOLL stated that the working relationship between the city and the ILWU has been very good. He suggested that new business people corning to down be advised to see the Electric [)epartrrent and representatives of ILWU. NOLL also stated that the Police Departrrent seems to have been singled out a bit too rnuch lately. He stated that he ~uld check with private enterprise to see hoo the private sector handles overtime pay on holidays. XVI. lIDJOURNMENT: The ITeeting was adjourned at 11:00 p.m. ~~~'_4 :r . Giese er (City Seal) I I I PAGE 195 REGUIAR MEETING - AUGUST 24, 1987 VOLUME 22 1. CAlL TO ORDER: The August 24, 1987, regular ITeeting of the Seward City Council was called to order at 7:32 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREM)NY: the flag. Council1rember Si1m1tis led the pledge of allegiance to III. ROLL CAlL: Present were: Mayor Gieseler and Council1rembers Dun- ham, Hilton, r-Eehan, N:>ll and Simutis (Council1rember Booher was absent with Council consent) Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy SPEX:IAL ITEM: A. Gieseler presented proclamations to Shirley Reynolds and Willard E. Dunham in honor of their upcoming retireITent from the local Job Services office. August 24, 1987, was proclairred "Willard E. Dunham Appreciation Day" and the city's appreciation for Ms. Reynolds was noted. IV. APPROVAL OF MINUl'ES: HILTON MJVED TO APPROIlE THE AUGUST 10, 1987, REGUIAR MEETING MINUTES AS WRITTEN; THE IDI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANThUUSLY. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: Gieseler requested the addition of Item No. 5 to the Consent Calendar - Approval of proposed Resolution No. 87-077, authorizing award of a contract to Peninsula Fence Corrpany for fencing around the Marathon Hydro generation plant inlet pond without full utilization of city bid procedures. MEEHAN MJVED TO APPROVE THE REGUIAR MEETING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MarION WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. The follooing actions were taken : 1. Resolution No. 87-076, authorizing manager to execute a safekeeping agreenent with National Bank of Anchorage, was approved and filed; the city the First "'''5 ; - __ .,.J t' FINANCE DEPT/RESO/ CON-.243: (FNBA Safekeeping Agrmt) 2. August 11, 1987, ITeIlOrandum fran Harbormaster SHIPLIFT/CON-;~:5'S-: Foster Singleton requesting authorization to pay NEI 1 O~ PRISON: (Revised budget approved) CON- 15'1 PAGE 196 Rm.JLAR MEEI'ING - AUGUST 24, 1987 VOLUME 22 Synchrolift, Inc., invoice totalling $8,631 covering cost of inspection services was approved for payrrent and filed; 3. August 17, 1987, ITeIlOrandum from Manager of Engineering and Utilities Paul Diener requesting Council ap- proval of the revised Spring Creek Correctional Center project budget was approved and filed; 4. August 7, 1987, ITeIlOrandum from Manager of Engineering and Utilities Paul Diener noting change orders as folloos to the Sanwhan contract for prison construction was noted for information and filed: No. 60 - Providing all equiprrent, materials and labor to install all electrical changes as described in Revision No. 5, +$18,990; No. 61 - Technical representative from Senstar to clarify site drainage around the coaxial security system, +$3,403; No. 62 - Providing all equiprrent, materials and labor to install the electrical rrodifications in the APS kitchen, +$6,676; No. 64 - Providing all equiprrent, materials and labor to add 3KVA SergeI, outdoor transforIrer and primary disconnect, +$13,863; No. 65 - Providing a credit for rrodification of the chain link fence layout within the warehouse building, -$8,384; No. 66 - Providing all equiprrent, labor and materials to expand the work on the nonitor doors, +$21,047; No. 67 - Providing all equiprrent, labor and materials to install tub/sha.ver units in Rc:x:Jms T-5 and T-6, +$5,666; No. 69 - Providing all equiprrent, labor and materials to install a 6" concrete pad directly above the 2,000 gallon fuel tank, +$4,512; No. 70 - Repaint grid line walls in the gymnasium, +$755; +$7,604; No. 71 - Paint concrete walls in Building No. 2 & 3, +$21,337; No. 73 - Providing additional work in Building No.5, No. 74 - Logging the performance of Sentrax under- ground perimeter security system, No cost to project; No. 75 - Install Kenell No. 3813 (type F) fluorescent light fixture in Roam 1-115, +$566; No. 76 - Installation of 16-gauge galvanized steel backing strip in APS building, +$900; No. 77 - Extending the stainless steel counters, +$1,335; No. 78 - Adding additional gypsum wall board assembly to stair No.9, +$1,300; No. 79 - Installation of mirror glazing in toilet rooms, +675; No. 80 - Providing all labor, equiprrent and materials for sandblasting of the exposed beloo-grade darrpproofing from I I I PAGE 197 REGUIAR MEETING - AUGUST 24, 1987 VOIDME 22 exterior buildings P. C. panels 1, 2, 3, 4 to the top of the insulation, which had deteriorated since first application, +$15,457; . No. 81 - Cutting precast panels to alloo for door assembly, +$2,305; No. 82 - Rerroving and replacing the interior gypsum wall on the north wall, +$2,629; No. 83 - Installation of duplex receptacles for room 1-201 and 1-048, +$2,198; and 5. Resolution No. 87-077, authorizing the award of a contract to Peninsula Fence Coopany to fence around the Marathon Hydro generation plant inlet pond without full utilization of city bid procedures, was approved and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: Notice of public hearing as posted and published by law regarding the proposed lease of property wi thin Block 6, Oceanview Subdivision to Ray and Leslie Si1m1tis for the purpose of constructing a waterfront restaurant was noted and the public hearing was opened. GORDON KESSLING, l.aYell Court, spoke in opposition to the proposed lease. He corrplained that the city should have put the property out for carpetitive bid. He also stated that several people in the past had been interested in this piece of property and had been told that it was not 'available for lease. JOHN SMITH, Breeze Inn M::>tel, stated that he was concerned that construction of a restaurant at this site would increase an existing parking shortage in the Harbor. He further stated that he had asked to lease this property 15 years ago and had been told that it must be retained for parking. DENNIS SCHOLL, Dairy Hill, asked if the Boardwalk Plan was available for the public and was inforrred that it was part of the Harbor Master Plan available in the Clerk's office. He also asked if an appraisal of the property had been conducted. Garzini explained that the rate set in the lease ($0.40/square foot) was Administrative Assistant Kerry Martin's estimate of fair market value based on a fairly recent appraisal in the area and on other lease rates in the Harbor. Scholl suggested that the property could be appraised and the cost of the appraisal passed on to the developer. CORNELIA DALEY, Small Boat Harbor, asked several questions concerning location of the restaurant and placement of the boardwalk in relation to the proposed restaurant. 197 MARATHON HYDRO PRJ RESO: PUBLIC HEARINGS: (SBH lease to R. & L. Simutis) .00(('1'\,0 ~ " __ J _ PAGE 198 REX;ULAR MEETING - AUGUST 24, 1987 VOLUME 22 JOHN SMITH, Breeze Inn MJtel, stated that the city was creating "another doontoon with no off street parking". 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) A. DONALD H. MARKLE, representing the Cooperative Extension Service, delivered a presentation concerning a new building education program sponsored by the Extension Service, various financial institutions and the State Harebuilders Association. He noted that the program (Alaska Craftsman Hone Program) was based on a similar program in Canada called "R-2000" and represented the efforts of this group to educate the public and contractors in Alaska about the value of con- structing energy efficient hones. He asked that Council support HB 318, HB 319 and SB 308, proposed state legislation which ~uld offer incentives to participate in the program. The clerk was instructed to draft a resolution in support of the program for presentation to the Council at the Septerrt>er 14 neeting. B. Gieseler noted that Frank Irick had requested permission to address Agenda Item No. IX(C) (3). FRANK IRICK, 1518 D Street, AnChorage, spoke in opposition to proposed Resolution No. 87-075. He stated that he was opposed to using taxpayers I noney to "bail-out II Gateway Ventures. Hilton explained to Irick that the city was not helping out Mr. Lythgoe and his associates, but was attenpting to recover the land so that it would not be "tied up" as the Snellmm property is. Garzini related the history of the selection of Gateway Ventures to develq;> Gateway Subdivision, adding that the downturn in the State's econc.my and lack of sales of lots in the subdivision had resulted in GV's inability to repay its loan with Alaska Mutual Bank. (In order to make it possible for GV to obtain financing through AMB for developrrent _ of the subdivision, the city had allowed AMB an assigI'llreIlt; thus, if GV defaulted and AMB foreclosed, the city would lose all rights to the property and ~uld lose its covenants which demanded that at least 20 lots be available for sale at all times and that the city be repaid its $700,000 investrrent as lots are sold.) IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: I I I PAGE 199 REGUIAR MEErING - AUGUST 24, 1987 VOLUME 22 1. 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, ALASKA, PROHIBITING THE CONSTRUC- TION OF BUIIDINGS ACROSS PIATI'ED PROPERI'Y LINES. HILTON IDVED 'TO INTRODUCE PROPOSED ORDINANCE NO. 596; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMXJSLY. Public hearing was scheduled for September 14, 1987. B. Ordinances for Public Hearing and Enactrrent: 1. 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, ALASKA, ELIMINATING THAT PORr'ION OF SECTION 17-5.5 (B) OF THE CITY CODE RE.<PIRING CITY EMPWYEES TO SUBMIT TO ANNUAL TUBERCULIN TESTING. 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 MJVED TO ENACI' ORDINANCE NO. 593; THE IDTION WAS SECONDED BY SIMUI'IS AND CARRIED WITH FIVE "YES" VOTES. (Dunham was absent fran Chambers during this vote.) 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, ALASKA, AMENDING SECTION 17-4.11 OF THE SEWARD CITY CODE REQl,RDING OVERTIME PAY FOR EMPWYEES. Notice of public hearing as posted and published by law was noted and the public hearing was opened. DAVE BROSsem, 1608 Vista Drive, stated that he was representing 16 Police Departrrent enployees affected by this ordinance. He stated that the SPD employees had agreed to a compromise position which ~uld provide payrrent of time and one-half pay for all hours actually ~rked on a holiday (in addition to 8 hours of straight time for the holiday). He also stated that the enployees would like extra canpensation for ~rking their second day off if they were also required to ~rk their first day off. 199 PERSONNEL/ORD: (Employee TB test no longer reqrd) PERSONNEL/ORD: (Overtime regu- lations amnded) ?n.A I_.J J u ANIMAL CONTROL/ LIVESTOCK/ORD: (Livestock Ord failed - Land USE' approach to to tried - See 09/14/87 mtg. minutes) PAGE 200 REGUIAR MEETING - AUGUST 24, 1987 VOLUME 22 GIESELER noted a rrerro which had been distributed to Council outlining holiday pay practices in Seward and on the Peninsula. DENNIS SCHOLL, 1306 Vista Drive, asked why the ordi- nance eliminated references to the Alaska Wage and Hour Act and inserted in its stead references to the Federal Fair Labor Standards Act. Arvidson explained that when the Personnel Code was last anended, the FLSA did not apply to local governnents; however, too "Garcia" case had established that local govern- ments were subject to the provisions of the FLSA. No one else appeared in order to be heard and the public hearing was closed. MEEHAN MJVED TO ENACI' ORDINANCE NO. 594; THE IDTIOO WAS SECONDED BY HILTON. GIESELER MJVED TO AMEND THE ORDINANCE SO '!HAT ALL CITY EMPWYEES IDRKING ON A HOLIDAY vnJID RErEIVE HOLIDAY PAY PillS TIME AND ONE-HALF FOR HOURS IDRKED; THE IDTIOO WAS SECONDED BY MEEHAN. (Murphy suggested that paragraph 2 of section (a) be arrended by adding the follooing sentence: "Errployees who are requested to work a holiday shall be paid time and one-half for all hours ~rked on such holiday in addition to holiday pay under Section 17-11. 1" . GIESELER AND MEEHAN AGREED TO ACCEPT THAT mRDING AS THE AMENDMENT; THE QUESTION WAS CALLED AND THE IDI'ION TO AMEND CARRIED UNANIM:USLY. Noll suggested that arployees ~rking both days off should receive extra compensation for the second day. Garzini stated that this would not be in tune with other local enployers either in Seward or on the Peninsula. HILTON MJVED TO AMEND PARAGRAPH NO. 2 OF SECTION (A) BY DELETING "ON A SATURDAY, SUNDAY, OR EVENING" AND "ON SUCH SATURDAY, SUNDAY OR EVENING"; 'IRE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. THE QUESTION WAS CALLED ON THE MAIN IDI'ION AND ORDI- NANCE NO. 594 WAS ENACTED BY UNANIMJUS VOI'E OF COONCIL. RECESS: The rreeting was recessed at 9: 10 p.m. and reconvened at 9:20 p.m. 3. 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 THE SEWARD CITY CODE, CHAPI'ER 4, ANIMALS AND FCML, REGARDING LIVESTOCK. I I I 201 PAGE 201 REGUIAR MEETING - AUGUST 24, 1987 VOLUME 22 Notice of public hearing as posted and published by law was noted and the public hearing was opened. DARYL HOLLINGS'MJRI'H, 1010 Second Avenue, spoke in opposition to the proposed ordinance. He stated that the right of an individual to have animals on his property had value, adding that many families derive pleasure from their animals. JULIE HILDEBRAND, 1004 Second Avenue, stated that when she purchased her horses 3 years ago, the city had assured her that there was no problem as long as the manure was kept cleaned up. She noted that she had conplied with this requirerrent. She stated that, if health problems exist, they should be addressed, but urged the Council to alloo large animals such as horses to be housed on city lots. NINA HOLLINGS'MJRTH, 1010 Second Avenue, stated that she oons a pony and asked the Council to alloo her to keep it. GERAIDINE HANSCHEN, Bear Drive, stated that the city had not objected when she purchased a horse in the spring. She stated that she was opposed to the ordinance. LINDA M:EACHERN, Hemlock and Cedar Streets, Forest Acres, spoke in opposition to the ordinance. She stated that with her one-half acre lot, she ~uld be unable to purchase a horse for her daughter if the proposed ordinance passed. GIESELER noted letters in support of the ordinance from BERNIE HUIM, ROBERI' AND DOHERTY MILLER, and GEORGE AND NOIlELLE WARREN. JULIE HIIDEBRAND stated that the two horses living near the Millers and Warrens ~uld be noving soon. No one else appeared in order to be heard and the public hearing was closed. GIESELER MJVED TO ENACT ORDINANCE NO. 595; THE IDTION WAS SOCONDED BY SIMUTIS. Garzini noted the August 20, 1987, IIEIrOrandum from Murphy outlining Council's options. He stated that, in his opinion, this was a land use problem and should be approached in that manner. He suggested that the Council instruct the Clerk and Attorney to draft an ordinance for the Borough to change the Seward Zoning Code. He also stated that he felt existing animals should be "grandfathered" which would result, eventual- ly, in the elimination of animals on small lots, adding that most communities prohibit livestock in residential areas. Garzini also stated that any standard applied to "cleanliness" ~uld be inpossible to enforce. ",,('-'" !1 \,..ILl PAGE 202 REGULAR MEETING - AUGUST 24, 1987 VOLUME 22 rbll stated that more public input was needed before Council could act. Sirrutis stated that she agreed, in theory, with the city manager, but felt IlOre public input was necessary. Hilton and J.l.'eehan concurred. J.l.'eehan stated that he did not agree with the "one acre" limitation, adding that it should be "all or none". He suggested sending the ordinance to the Planning Corrmission for further public input. Gieseler agreed that the ordinance should go to the Planning Comnission for public hearing and a recormendation. Garzini disagreed, stating that Council needs to make a political decision regarding the city's treatrrent of live- stock. Further, if approved by the Council, the proposed Borough ordinance ~uld be subject to public hearing at the Borough Planning Corrmission and at the Borough Assembly, result- ing in at least three IlOre hearings on the issue. He noted that if Council should remand the ordinance back to the Seward Planning Corrmission, the public would be faced with yet another public hearing. Dunham agreed with Garzini that livestock should not be allONed within the city limits, stating that as the popu- lation of the city groos, the problem will only increase. She noted, however, that the Council would probably have to "grand- father" existing animals. Gieseler repeated his opml.On that should be remanded to the Planning Corrmission. there were still many issues which should be resolved. the ordinance He stated that discussed and SIMIJTIS MJVED TO REMAND THE ORDINANCE TO THE PLANNING CCM1ISSION; THE IDI'IOO WAS S:ocrnDED BY HILTON. Garzini stated once again that the decision to aUoo or not allow livestock within the city limits was a political one and not proper for Corrmission discussion. He suggested that the administration work on sane arrendrrents and that the Council decide on a course of action at the next rreeting. He added thatCa copy of the ordinance ~uld be provided to the Planning Corrmission for cornrrent. J.l.'eehan stated that this ordinance was within the scope of the Planning Corrmission' s duties since it was basically a land use issue. SIMUI'IS WITHDREW HER MJI'ION TO REMAND; HIL'IDN ~- CURRED . Noll suggested that the administration schedule a ~rk session for review of the proposed ordinance so that the Council I I I PAGE 203 REGUIAR MEETING - AUGUST 24, 1987 VOWME 22 ~uld have sarething to approve or disapprove at the next meeting. Hilton stated that no one on the Council wished to deprive anyone of an animal. He added, hooever, that people who oon animals often offend their neighbors and this was the problem that Imlst be addressed. He asked if it ~uld be possi- ble to set up a permitting process for ooning animals. Garzini stated that, if the prohibition were part of the zoning code, a prospective animal ooner could apply to the Planning Corrmission for a variance. THE QUESTION WAS CALLED AND ORDINANCE NO. 595 FAILED WITH SIX "NO" VOI'ES. C. Resolutions: 1. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE A PCMER SALES AGREENENT FOR ITS ALLOCATION OF BRADLEY LAKE PCWER AND TO EXECUTE WHEELING AGREEMENTS WITH REA AND CEA. Murphy noted that the notion for adoption of proposed Resolution No. 87-066 was continued frcrn the July 27 rreeting. Garzini suggested that action be continued once again until the Septerrber 28, 1987, rreeting. He stated that he had arranged for a ~rk session between the Council and Chugach Electric Associa- tion on September 17 to discuss the various agreerrents. He noted that September 28 would be the Council's last opportunity to act on the resolution since all agreerrents Imlst be signed by cctober 1. HILTON mVED TO POSTPONE ACTION ON PROPOSED RESOLUTIOO ro. 87-066 UNTIL SEPTEMBER 28, 1987; THE IDI'ION WAS SEXDNDED BY DUNHAM AND CARRIED UNANIIDUSLY. 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, AUTHORIZING A :I.a'<G TERM LEASE OF A SMALL BOAT HARBOR WATERFRONT SITE TO FAY AND LESLIE SIMUTIS. HILTON MJVED TO APPROVE RESOImION NO. 87-074; THE IDI'ION WAS SECONDED BY DUNHAM. "03 L.J OCEANVIEW SUB/SBH/ RESO/RE- (Lease to Ray & Leslie Sirnutis for waterfront restaurant apprvd <)(''1. , "- PAGE 204 REGr.JI..1'IR MEETING - AUGUST 24, 1987 VOLUME 22 Garzini stated that, contrary to allegations made by sorre rrembers of the public, the city had very scrupulously follooed city lease procedures. He noted that, in 1984, the Council adopted a lease procedures policy which stated that a prospective lessee need only submit a proposal to the city. If authorized by the Council, the administration was then free to proceed with a public hearing and presentation of a lease agreerrent to the Council for approval. Garzini stated that when Si1m1tis approached the city with an interest in leasing water- front property in the Boat Harbor, she had been given a copy of the procedures and she had follooed them to the letter. He added that, the city had discontinued the "public bid" process on leases in the Harbor since the price is set (fair market value) and the only basis for a "bid" would be the value of the proposed business to the comrnmity and the reputation of the prospective lessee. In addition, the proposed restaurant was consistent with the Harbor Master Plan which had been adopted by the Council follooing much research and several public hearings. Garzini stated that there was no parking problem in the Boat Harbor, Irerely a parking managerrent problem. He noted that, as the city gets rid of nore derelict vessels and rerroves boats stored on trailers in the Harbor area, nore parking will be available. He also stated that the lease rate the city intends to charge ($0.40/square foot) represents the highest rate in the Harbor. He noted that it was a mistake not to develop the waterfront years ago, but cautioned the Council that the city cannot continue to live with its past mistakes. Garzini also noted that the city has, within the last week, requested proposals for developrrent of two other Harbor parcels. M=ehan agreed with Garzini, stating that it was unfortunate that the Harbor Plan was not in place 20 years ago. Dunham stated that she ~uld vote in favor of the resolution because she did not feel one should pay for being on Council. She stated that if Simutis was not a Councilnember, the Council ~uld probably vote in favor of the lease. Hilton concurred. He added that the restaurant would be an added attraction to the Small Boat Harbor. He stated, however, that he considered the lease rate to be "on the 100 side". Noll stated that, at first, he was opposed to this action. After considerable thought, however, he had concluded that the city is in the "business of good ideas", and since this was a good idea, it should be encouraged. THE QUESTION WAS CALLED AND THE RESOLUTION WAS AP- PROIlED WITH FIVE "YES" VarES AND SIMUTIS ABSTAINJN;. I I I PAGE 205 REGUIAR MEEl'ING - AUGUST 24, 1987 VOlDME 22 3. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled : A RESOWTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AN AGREEMENT WITH ALASKA MU'IUAL BANK AND APPROPRIATING FUNDS TO MAKE INTEREST PAYMENTS ON THE GATFWAY SUBDIVISION WAN WITH AMB. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-075; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANThUUSLY. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORI'S: GARZINI stated that the cradles and rails project ~uld be conplete by the end of September and should be opera- tional by the end of Noverrber. In addition, the prison should be corrplete by the end of November but ViOuld not open until May. He stated that the period between the end of Novenber and May ~uld be a very sloo one for the city 1 s economy and he suggested that the city needs to sponsor sate projects to keep people working through this period. He stated that he has appointed Engineering and Utili ties Manager Paul Diener, Deputy Harbomas- ter Scott Ransom, Administrative Assistant Kerry Martin and Finance Director Bob Peirson to a ccmnittee to look for suitable projects. XIII. COUNCIL DISCUSSION: NOLL asked if the operator of the SMIC will get an opportunity to perform the winter maintenance on the 'fusturrena. Marine Marketing Director Gates stated that the State has not yet bid the work and that it is still possible that the city will have an operator in place who could take advantage of this ~rk. HILTON asked if the Mile 12 pooerline ~rk had been corrpleted. Diener stated that the work had been corrpleted last 'Week at a very low cost to the city. MEEHAN carplimented the city errployees for caning up with a corrprcroise position regarding overtime pay. DUNHAM stated that Alaska ports need to ~rk together in an effort to became hame for sarre of the US Navy 1 s vessels. 205 GATEWAY SUB/RESO/ CON- /CON- (Agrmt w/AMB to preserve rights to Gateway Sub.) 200 PAGE 206 REGUIAR MEETING - AUGUST 24, 1987 VOLUME 22 Gates stated that, at this point, the Navy considers Alaska's COIA to be too high to entertain a proposal such as that, but he ~uld continue to pursue it. GIESELER suggested that one project suitable for this winter ~uld be clearing cottonwoods out of the powerlines and then making the wood available for anyone who wanted to haul it away. He also asked for a status report on the abaterrent of old buildings. Diener noted that the city is pursuing the rerroval of several older structures. Gieseler also asked the status of the Mt. W::>lcott situation. Garzini stated that a proposal would probably be brought to the Council on Septenber 14. XIV. CITIZENS' DISCUSSION: DOHERTY MILLER, 321 Sixth Avenue, asked if the city could "do scrnething about junk cars". XV. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCMMENTS: GARZINI stated that Ms. Miller should file a carplaint with the city about abandoned or junk cars wi thin the city. XVI. ADJOURNMENT: The rreeting was adjourned at 10: 53 p.m. ~c"~.t- H . Gieseler Mayo (City ~~~. ;;:,Y~.~. . .~.9~ ;;;'c;,. .v " ..()V,t'on..",.:-:/),. V' '- 'f'" if""..~. .'1 <..l ...". """'..... ". ~. .' .:;'t' ,~'\;) '.'" t", ..... t;., . . /.1., 'i..; ~//// .,~ . ' .~~ ..... -. . - ',. ~. ::I . ';1.. r.\' C '\ ...~o\te' 1 ');~., '.~;' -.\.J'~/'''I.;.~......,.~~..c,' .\ ., c: OF'" . , /' / // /" / I I I 207 PAGE 207 REGUIAR MEEI'ING - SEPTEMBER 14, 1987 VOilJME 22 I. CALL TO ORDER: The September 14, 1987, regular IlEeting of the Seward City COuncil was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREKJNY: Councilrrember Noll led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers B0o- her, Hilton, M=ehan, Noll and Si1m1tis (Councilrrember Dunham was absent with Council consent) Present also: Deputy City Manager Schaeferrreyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: MEEHAN MJVED TO APPROVE THE AUGUST 24, 1987, MINUTES AS WRITTEN; THE MOrION WAS SOCONDED BY SIMUTIS AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEEI'ING AGENDA: Noll asked that Parks and Recreation Departrrent Director Andrijanoff be allooed tine to describe how she had put together the corrm.mi ty swim program. He also requested that the recomrendation follooing Consent Calendar Item No. 10 (Request for transfer of ABCB license fraTl Robert A. Garrett to Kim Kooalski-Cozort - Dreamland Bool) be changed to "Instruct the Clerk to write a letter of nonobjection to the ABCB and to advise the Clerk to work with the Kenai Peninsula Borough in resolving the problem with its records". Booher asked that Consent Calendar Item tb. 3 (A resolution appropriating funds for the Boardwalk Lagoon Project) be arrended by stipulating that funds would only be disbursed upon verification of actual expenses. SIMUTIS M)VED TO APPROVE THE REGULAR MEEI'ING AGENDA AS PRESENTED AND THE CONSENT CALENDAR AS AMENDED; THE MOrICN WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. The follooing actions were taken: 1. Resolution tb. 87-079, in support of the Alaska BUILDIN9_ P?,P~l'/~~ESO Craftsman Harre Program for reduced horte energy consurrption, was approved and filed; 20R PARSK & REC/RESO: (Community Swim Program) BOARDWALK/RESO: (Lagoon Brdwlk Project) T-LINE/CON- 24~ / RESO: (Survey) PURCHASING/CON- /RESO: SMIC/CON- l7D / RESO: (Paving Contract) FIRE/CON- 1.SO/ RESO: (Halon Fire Ext. Sys). FLOOD CONTRL/CON- -z...t7/RESO: (Agmt w/Corps of Eng.) C.ATTY: ABCB: (Dreamland Bowl Transfer) PURCHASING: (SMIC Wstwtr Trmt. lab supplies) PURCHASING: (Wntr Street Supplies) PAGE 208 REGULAR MEETING - SEPTEMBER 14, 1987 VOLUME 22 2. Resolution No. 87-080, appropriating funds to the Parks and Recreation Departrrent budget to fund the carmmi ty Swim Program, was approved and filed; 3. Resolution No. 87-081, appropriating funds for the Boardwalk Lagoon Project, was approved and filed with a stipulation that funds were not to be disbursed until actual expenses are verified; 4. Resolution No. 87-082, authorizing a professional services agreeJrent with R & M Consultants to provide an as-built survey of portions of the 115 KV transmission line, was approved and filed; 5. Resolution No. 87-083, authorizing the award of a contract for an autonotive carputer analyzer and waiving certain city bid procedures, was approved and filed; 6. Resolution No. 87-084, authorizing the award of a purchase order to Harley Trucking Conpany for paving the SMIC cargo dock without full utilization of city bid procedures, was approved and filed; 7. Resolution No. 87-085, walvlng minor irregular- ities in bid procedures and awarding a contract for design and installation of halon fire extinguishing system, was approved and filed; 8. Resolution No. 87-086, authorizing the city manager to execute a local cooperation agreerrent for the repair of LeMell Creek Tunnel as required by the U. S. Arrrry Corps of Engineers, was approved and filed; 9. May 1987 invoice from HTGP&B for legal services totalling $27,143.75, was approved for payrrent and filed; 10. Septenber 1, 1987, notification from ABCB of application for transfer of a recreational site liquor license from Robert A. Garrett to Kim Kowalski -COzort (Dreamland Bc7.v"1) was filed without objection and the Clerk was instructed to ~rk with the Kenai Peninsula Borough to resolve its records problem; 11. September 9, 1987, ITeIlOrandum fran Engineering and Utilities Manager Diener requesting authorization to award a contract in the arrount of $9,352 to VWR Scientific for the purchase of SPCC Wastewater Treatrrent Plant laboratory supplies was approved and filed; 12. September 9, 1987, rrerrorandum from Engineering and utilities Manager Diener requesting authorization to issue a purchase order to ME.'I'CO, Inc., for the purchase of winter sand at $10.50 per yard and a purchase order to Van Water & Rogers for the purchase of salt and calcium chloride in the arrount of $5,776.80, was approved and filed; I I I PAGE 209 REGUlAR MEEI'ING - SEPTEMBER 14, 1987 VOLUME 22 13. August 26, 1987, rrerrorandum fran Engineering and utilities M:mager Diener requesting authorization to approve change Order No. 2 to the Harley Trucking Corrpany contract to expand the scope of work to include repair of additional broken paverrent, was approved and filed; 14. Septerrber 9, 1987, nerrorandum from Administrative Assistant Martin requesting approval of a request to assign SBH Boardwalk Site No. 2 lease from Jeanne Maddocks to Marv and Linda Mardock for the operation of a sailing instruction and charter business, was approved and filed; 15. September 9, 1987, nerrorandum fran Administrative Assistant Martin requesting approval of a request to assign SBH Boardwalk Site No. 4 lease fran Don and Pam Oldow to William and Elaine Wheeler for the operation of a charter boat business, was approved and filed; 16. September 3, 1987, rrerrorandurn from Engineering and Utilities Manager Diener noting the follooing prison change orders was noted for information and filed: Water Utility Contract: Zubeck, Inc., CO #2 - Increasing width of road and adding sectionalizing cans to buried portion of electrical cable, +$37,172; Zubeck, Inc., CO #3 - Providing all equiJ::.tIEnt, mate- rials and labor to provide 300' extension to 16" watermain, +$24,145; Zubeck, Inc., CO #4 - Deleted.by Change Order No.5; Zubeck, Inc., CO #5 - Installing a 24" x 40 lineal feet overflow, +2,914; 209 CON- ~"35; RE- (Assgn. of lease) RE- (Assgn. of lease) CON- lOr: Wastewater Treatrrent Utility: CON- l'l."\: Northway Developrrent, Inc., CO #2 - Providing equip- rrent, materials and labor to acconplish changes to the lagoon service road, +$24,438; Northway Developrrent, Inc., CO #3 - Providing all equiprrent, materials and labor to fill the wastewater lagoon, +$5,000; Northway Developrrent, Inc., CO #4 - Providing all equiprrent, materials and labor to rerrove existing fence and construct a new 7' (8' OA) chain link fence with a swing gate, +$32,154; 17. September 9, 1987, Construction Status Report as filed by Engineering and Utilities Manager Diener, was noted for information and filed; and 18. A proclaIPation designating August 21, 1987, as PROCLAMATION: "Dolly Dieter Appreciation Day", was noted for information and filed. VI. BOROUGH ASSEMBLY REPORI': 210 PUBLIC HEARINGS: (Livestock) PAGE 210 REX;ULAR MEEI'ING - SEPTEMBER 14, 1987 VOLUME 22 Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: A. Notice of public hearing as posted and published by law relative to proposed Resolution No. 87-078, recomrending that the Kenai Peninsula Borough Assembly aITend the Seward Urban District ZOning Code to include provisions for the regulation of livestock on privately-owned city lots, was noted and the public hearing was opened. BOB VAIDA'ITA, 528 Fifth Avenue, cbjected to allooing any livestock within the city limits. He stated that grandfa- thering was "okay", but "once the animal is taken out of the city, it should stay out". DENNIS SCHOLL, 1306 Vista, objected to the wording in subsection "B", stating that the rreaning was unclear and object- ed to the provision which eliminated grandfathered rights if an animal was renoved fr<:ro the city for nore than 60 days. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) DAVID HEADLEY, 1112 Fourth Avenue, representing KRXA Radio, urged the Council to accept KRXA I S proposal to operate the Mt. Wolcott television translator station (Channel 9). He stated that he had received many encouraging COJTIIents from the public. He noted that the KRXA proposal included a provision that the city ~uld collect the $4 television fee in return for canpensation by KRXA. In response to a question from tlEehan, Headley stated that KRXA would have no "leverage" to use if conSUITers refused to pay the television fee. If, however, this fee was included in the customer's utility bill, it ~uld probably be paid. Gieseler inquired about the city's position from a legal standpoint if it collected fees for a private conpany. City Attorney Arvidson stated that this situation ~uld pose same problems for the city, the principal one being tying the television fee (a nonessential service) to a utility bill (an essential service). In response to a question from Pooher, Arvidson explained that garbage collection is considered an essential public service and is frequently contracted by local governrrents to private firms. Television, on the other hand, is not an essential public service. Headley responded that Seward is a unique community and cannot be expected to operate like a larger city. He stated that without an assured revenue base in the form of a viable collection plan, KRXA could not afford to operate the translator station. Gieseler stated that the city is already providing the RATNEI' station and WGN-'IV free of I I I 211 PAGE 211 REX;ULAR MEEI'ING - SEPTEMBER 14, 1987 VOLUME 22 charge to the city, and he questioned the need for the city to participate in providing an additional channel. lJeehan asked if the city could be protected from potential litigation if it agreed to collect the television fee for a period not to exceed one year. Arvidson stated that this was a step in the right direction, but cautioned that the city ~uld rerrain the "deep pocket". lJeehan stated that the city had been providing Channel 9 for 20 years and shOuld not stop "cold turkey" . In response to questions from Booher and Noll, Schaef- errreyer stated that the city had collected about $40,000 per year in television fees and had averaged $20,000 per year in maintenance costs, although this varied from year to year. Noll expressed serre concern that the city might be glvlng away a valuable asset. He asked if it ~uld be possible for KRXA to convert the translator license to a full station license and, possibly, nove the license to serre other area of the state where it could be sold or utilized for large sums of IlOney. M::!ehan stated that the contract for sale could protect the city from a change in location for any nurrber of years. Hilton added that the license is of value only if one intends to do sanething with it, and since the city is no longer interested in operating the station, it is of no value to the city. Gieseler asked how KRXA intended to collect from MJose Pass Residents since those living in MJose Pass are not a part of the city's electrical utility district. Sinutis suggested that a trial collection plan in the MJose Pass area ~uld be an ideal test to see if voluntary payrrent of a television fee would be a viable collection rrethod. Garzini reminded Council that there were many reasons why the city should "get out of the television business", including the fact that the city was now competing with private enterprise (Cablevision), upkeep of the facility was a risk to the lives and safety of city enployees, the provision of tele- vision is not a fundarrental function of governrrent, and the liability risk to the city is astronomicaL In response to a question fran Noll, Schaeferrreyer stated that the city's FCC license is due to expire in about four years. He stated that he ~uld check with the FCC to see hoo long the city can hold the license without operating the facility. B. DENNIS M. SCHOLL, 1306 Vista Road, stated that he was concerned with citizens participation, or lack of participa- tion, in local governrrent. He stated that the clerk's office had failed to give adequate notice of the last day to register in order to qualify to vote in the upcoming city election and questioned the requirerrent that one nust register 30 days before 212 PAGE 212 REGULAR MEETING - SEPTEMBER 14, 1987 VOllJME 22 an election in order to vote. He also stated that city hall was not the proper place to hold an election, noting that it was a "hostile environrrent" and that it was difficult for citizens to vote their conscience in such an environrrent. He also asked that the Clerk be rerroved from the election process and that all election duties be assigned to a deputy. Scholl went on to state that citizens are often hesitant to speak before Council because of the atIrosphere created in the Council Chanbers. Booher responded that he did not feel that the people in the conm.mity were reluctant to vote in city hall. He added that many citizens carre to city hall to speak and participate. M=ehan stated that he had been voting in city hall for ten years and that nothing in the building had ever influenced his vote. He also noted that there is no lack of citizen participation in the local governrrent process. ~ added that he has always been inpressed with the election process and the canvass. Hilton stated that he has voted in city hall since he rroved to Seward. He stated that he has been inpressed with the way past elections have been run. He noted that there may have been times when the city should have solicited IlOre citizen involverrent in the decision making process, but added that often no one responds until a decision has been made. Simutis objected to Scholl's portrayal of the Council as an elite group. She stated that she was proud of holding a seat on Council and took the position very seriously. She stated that every citizen should value his right to vote and should encourage his neighbors to do the sane. She added that the city clerk and her assistant are both capable and should hold the responsibility for handling any city election. Simutis stated that she heartily endorsed citizen participation in local governrrent. Noll asked the clerk for past voter turn out statis- tics. She stated that the city generally has about a 50% turn out, with a larger number expected during a mayoral election. She noted that the national average was closer to 30%. Noll stated that he had never been in a IlOre politically aware place, other than Washington, D. C., than Alaska in general and the city of Seward in particular. He stated that despite any problems the city might have, "we have sarething good going on here". Gieseler stated that he had never heard anyone say that they were afraid to vote in city hall. He also stated that the city council is "here to listen to everyone, even those who live outside the ccmnunity". He noted that, if Scholl was concerned about the election, he was allowed to have watchers present at the polls on election day. I I I 213 PAGE 213 REGUIAR MEETING - SEPTEMBER 14, 1987 VOI1JME 22 RECESS: The n'eeting was recessed at 8:45 p.m. and reconvened at 8:58 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. 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, ALASKA, AMENDING SECTION 10-19 OF THE CITY CODE TO N.U:JfI THE DONATION OF SURPLUS PROPERTY TO NONPROFIT ORGANIZATIONS. HILTON M)VED TO INTRODUCE PROPOSED ORDINANCE NO. 597; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMCUSLY. Public hearing was scheduled for September 28, 1987. B. Ordinances for Public Hearing and Enactrrent: 1. Copies having been nade available to the public, Gieseler noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROHIBITING THE CONSTRUC- TION OF BUIWINGS ACROSS PLATI'ED PROPERrY LINES. Notice of public hearing as posted and published by law was noted and the public hearing was opened. BOB VALDATTA, 528 Fifth Avenue, asked for a clarifica- tion. Schaeferrreyer stated that any building constructed across ~ city lots would be required to replat the parcel into one lot. He noted that the Borough had an administrative platting procedure which was quick and inexpensive. Gieseler noted that PAT WILLIAMS had called him and asked that the Council postpone action on this ordinance until all costs of the replatting procedure could be studied. No one else appeared in order to be heard and the public hearing was closed. HILTON MJVED TO ENACT PROPOSED ORDINANCE NO. 596; THE MOrION WAS SEX:ONDED BY MEEHAN. SIMUI'IS IDVED TO POSTPONE ACTION AND TO SCHEDULE A SECOND PUBLIC HEARING ON THE PROPOSED ORDINANCE ON SEPI'EMBER 28, 1987; THE IDI'ION WAS SOCONDED BY HILTON AND CARRIED UNANThUUSLY. 214 ANIMIAL CONTROL/ ZONING CODE/RESO: (Livestock) DOCKS & HARBORS/ RESO: (SBH fee amendment - eliminating boatlift travel charge) ELECRIC DEPT/ RESO: (Tariff amendment - Large Gen. Service Cust. Charge) TELEVISION/CON- .z~o : (KRXA to operate Mt. Wolcot Station) PAGE 214 RmJLAR MEEI'ING - SEPI'EMBER 14, 1987 VOLUME 22 C. Resolutions: 1. Copies having been nade 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, REXXlMMEN[)ING AMENDMENTS TO THE SEWARD URBAN DISTRIcr ZONING CODE RmAR!)ING LIVES'IDCK WITHIN THE CITY. SIMUI'IS MJVED TO APPROVE RESOLUTION NO. 87-078; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANIM:USLY. 2. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF '!HE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RESOLUTION NO. 87-049 BY DELETING THE BOATLIFT TRAVEL CHARGE. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-087; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. 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, AMENDING ELEx:::TRIC RATES FOR IARGE GENERAL SERVICE CUSTCMERS. SIMUTIS MJVED TO APPROVE RESOLUTION NO. 87-088; THE MJI'ION WAS SECONDED BY BCOHER AND CARRIED UNANThUUSLY. X. UNFINISHED BUSINESS: A. MEEHAN IDVED TO INSTRUcr THE CITY ADMINISTRATION TO WORK WITH KRXA TO REVISE ITS PROPOSAL TO REFLECT A ONE YEAR ONLY COI..I..ECI'ION SERVICE BY THE CITY WITH A FEE STRUCl'URE SIMILAR TO THE GARBAGE COLLECI'ION CONTRACr AND TO WORK our A CONTRACT WHICH VOJLD LEGALLY PROTECT THE CITY; THE IDI'ION WAS SECONDED BY BCOHER. NOLL MJVED TO TABLE l\CTION UNTIL THE CITY ATTORNEY ANSWERED THE QUESTIONS HE HAD RAISED EARLIER CONCERNING THE UPGRADE OF THE LICENSE AND THE LICENSE EXPIRATION ISSUE; THE IDI'ION WAS SECONDED BY HILTON AND FAILED WITH FIVE "NO" VOl'ES AND NOLL VOTING "YES". THE QUESTION WAS CALLED ON THE MP.IN MJI'ION AND THE MOrION CARRIED WITH FIVE "YES" varES AND NOLL varING "NO". I I I 215 PAGE 215 REGULAR MEETING - SEPTEMBER 14, 1987 VOUJIVlE 22 Schaeferrreyer noted that a contract ~uld be brought back to Council for approval at a later date. XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: Schaeferrreyer noted a rreIIOrandum to the Council concerning a ~rk session scheduled for SepteIIDer 17 at 6: 00 p.m. He stated that Rick Newland would be present to discuss Bradley Lake and the city's relationship with Chugach Electric. Garzini stated that it was irrportant that as many Council.rrerribers as possible be present for the ~rk session. XIII. COUNCIL DISCUSSION: NOLL asked Parks and Recreation Director Judi Andri- janoff to cariE forward and explain hoo she had put together the CoImn.mity Swim Program. Andrijanoff stated that school district budget cuts had left the schools with no funds for corrmunity pool use. Through a joint effort, the Corrmunity Swim Fund had contributed $10,000, the Tsunami Swim Club had promised $3,000 and the City had agreed to appropriate $13,000, which would alloo the pool to be open for daily connn.mity use, three hours of instruction daily for students and daily practice time for the Tsunami Swim Club. She noted that the city's $13,000 would be recouped from user fees. NOLL also asked about the projected sequence of events relative to the senior/corrmunity center bond. Schaeferrreyer stated that, follooing certification of the election, if the bond issue was approved by the voters, the ci ty ~uld advertise for proposals. Proposals would be reviewed by a carani ttee conprised of representatives of the Seniors, the Museum, the city and an architect. This process should be conpleted by Christrnastime. He stated that the city's financial advisor had indicated that the city should have cash in hand sixty days follooing certification of the election. BOOHER asked why the shiplift was not operating. Diener stated that the lift had been reserved for a barge which was due in by SepteIIDer 15. GIESELER stated that the grand opening of the Teen Center had been a success. He cornrended the teens and Andri- janoff for a job well done and added that this was possibly the best $25,000 the city had spent in a long tine. Gieseler also stated that Phoenix Log OODer Edgar Blatchford had left town for nine IlOnths to attend journalism school. He noted that there was no representative in the audience from the local newspaper and suggested that he ~uld like to see the administration pursue the broadcast of Council rreetings once again. 216 PAGE 216 RffiULAR MEEI'ING - SEP'I'EMBER 14, 1987 VOI1.JME 22 XIV. CITIZENS' DISCUSSION: WALTER CHRISTOLEAR, Apartrrent No.6, Broon & Hawkins Apartrrents, asked if he ~uld be allooed to present a proposal to the city for the operation of Channel 9. Garzini stated that he ~uld welcorre additional proposals. BOB VALDA'ITA, 528 Fifth Avenue, asked about the progress of a doontoon parking lot. He also asked that the city address a problem he is having in his alley. XV. COONCIL AND ArnIN. RESPONSE TO CITIZENS' ~: DIENER stated that the Public vt:lrks Departrrent ~ld address the problem in the alley irrrrediately. HILTON noted that the city has a new parking lot directly behind city hall. GARZINI stated that the developrrent of another doontoon parking lot ~uld probably require the formation of an assesSIlEnt district to pay a portion of the cost of construction. In response to a question from GIESELER, DIENER stated that the Lechner building is noo boarded up and does not present a public safety problem. XVI. ADJOURNMENT: The rreeting was adjourned at 10: 02 p.m. ~~4 . ? _ 'fi!.-:'~-&. ~ . Gieseler ".c" .. ~.~ t'; 1~. '..J ...,. ~ ,"'... I I I PAGE 217 REGUlAR MEETING - SEPTEMBER 28, 1987 VOI1JME 22 I. CALL TO ORDER: The September City Council was called Gieseler. 28, 1987, regular IlEeting of the Seward to order at 7:30 p.m. by Mayor Harry E. II. OPENING CEREM)NY: CouncilrrEmber Dunham led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and CouncilrrEmbers Dun- ham, Hilton, Meehan and Simutis (CouncilrrEmbers Booher and Noll were absent with Council consent) Present also: City Manager Garzini, City Attorney Ar- vidson and City Clerk Murphy IV. APPROVAL OF MINUTES: HILTON MJVED TO APPROVE THE SEPTEMBER 14, 1987, REGULAR MEEI'ING MINUTES AS WRITTEN; THE IDI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIM:lUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: HILTON MJ\TED TO APPROVE THE REX;ULAR MEETING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE M:Yl'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. The follooing actions were taken: 1. Resolution No. 87-066, authorizing the city manager to execute a pooer sales agreeITent for the city's allocation of Bradley Lake pooer and to execute wheeling agreeITents with HEA and CEA, was postponed until contract docuroonts are finalized; 2. Resolution No. 87-089, awarding a contract for restoration of transmission line access road (DSR 73976), was approved and filed; 3. Resolution No. 87-090, requesting municipal assistance funding from the state of Alaska, was approved and filed; :l" 4. September 18, 1987, Finance Departnsnt;.'.s list of accounts payable totalling $572,291.50, was approved fdrpayrrent and filed; 217 TRANS.LINE/RESO/ CON-.,24S: GRANTS/RESO: (St.Munic.Assist. requested) FINANCE DEPT: (Accts. Payable) 218 FINANCE DEPT: (Accts. Payable) P&Z: (K. Lindsey apptd. ) PROCLAMATION: PUBLIC HEARINGS: (Proposed FCA/ ssw lease - SMIC) PAGE 218 REGUIAR MEETING - SEPTEMBER 28, 1987 VOlllME 22 5. September 22, 1987, Finance Departrrent's list of accounts payable totalling $844,897.91, was approved for payrrent and filed; 6. Mayor Gieseler's appointrrent of Kurt Lindsey to fill a vacancy on the Planning Cornnission created by the resig- nation of Sandy Wassilie for a term to expire February 1988 was approved and filed; and 7. Proclamation designating Septerrber 20-26, 1987, as "Eirergency r-Edical Services Week" in Seward was noted for information and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: A. Notice of public hearing as published and posted as required by law relative to a proposed long term lease of an unsurveyed :t154,400 square foot parcel within the Seward Marine Industrial Center (SMIC) to Fishing Company of Alaska/Seward Steelworks, JV, for the purpose of constructing a marine repair business was noted and the public hearing was opened. BOB VALDATI'A, 528 Fifth Avenue, stated that the project was not really clear to anyone and added that the property in question should never be leased. CAROLE JAFFA, M::>ose Pass, asked for a description of what is planned for the area. CHRIS GATES, Director of Marine Marketing and Develop- rrent, briefly reviewed the rfp process. He noted that the city had advertised for proposals for developrrent of this site adjacent to the synchrolift in June, sending proposal packets to sane 48 companies and individuals. At the close of the RFP process on August 24, the city had received three proposals - one from FCA/SSW, one from Harbor Enterprises and one from Foss. He noted that the Foss proposal was noo "on hold" and the Harbor Enterprises proposal was made contingent upon passage of Proposition No 2 on October 6 (bonding for the north bulkhead cargo dock). In addition, the FCA/SSW proposal was the IlOst comprehensive and was, therefore, recomrended by the administration. Gates explained that the property location/description had changed sornev;rhat since the public notice had been published and indicated on a map of the area the exact location of the proposed lease. He stated that the proposal called for the construction of a 50,000 sq. ft., under-roof building and a total investrrent of about $2 Million in inproverrents. FCA/SSW planned to construct additional irrproverrents if the work "materializes". Gates stated that I I I 219 PAGE 219 REGULAR MEETING - SEPTEMBER 28, 1987 VOLUME 22 negotiations were still underway to reach an agreerrent on the lease decurrent, and in an effort to get construction of the facility on line as soon as possible, a second public hearing and special rreeting had been scheduled for M::mday, October 5, at 7:30 p.m. Gates also explained that the city had originally planned to extend the transfer pit to the east; however, lack of funding at the time the cradles and rails project began had prevented this. He noted that the FCA/S~ lease would preclude further expansion to the east and would give FCA/SSW the only berth which could accorrrrodate ships over 200 ft. in length. He added, however, that these larger ships made up only about six percent (6%) of the traffic in the Bay. Gates noted that allooing one enterprise to lease the largest repair station available was the price that nust be paid if the city wishes to attract a lessee willing to make an investIrent of this magnitude. He cautioned that the city nust provide a full service port to vessels if it wishes to attract IlOre marine business. He stated that he had surveyed several past custcrrers of SSW and the "vast majority were very supportive". Gates also noted that the property's lease rate would be dete:rmined based on a Letter of ~inion which the city had received in March. This resulted in a lease rate for the first five years of about $0.32/sq. ft. annually. Appraisals and new lease rates ~uld then be set every five years. Garzini noted that the administration was reconmending that for every $1 Million in capital i1rproverrents made by the lessee, one year's rent ~uld be forgiven, up to a waxllnurn of five years. JOEL STEELMAN, 526 First Avenue, representing the joint venture, stated that he had looked forward to this stage in the developrrent of SMIC for some tine. He stated that he had received support fran many conmunity businesses. He also noted that the city is "lucky" that FCA chose Seward as its home port. He added that SSW has serviced FCA I S fleet and that this rela- tionship had led to the joint venture proposal which the city was noo considering. Steelman stated that, while a lease docurrent has not yet been finalized, the goals of both the proposers and the city are similar enough to assure that "we can overcarre any incidental problems". He stated that his attorneys had just received the latest draft of the proposed agreerrent from Arvidson and would report back to him in a day or two. JIM PRUITT, Maple Street, ooner of Seward Ships Chandlery, stated that he was opposed to the city leasing the only 300 ft. berth adjacent to the shiplift. He stated that this would preclude him from transferring and repairing anything over about 150 ft. He asked that the Council leave the 300 ft. berth open for joint use. He also noted that he ~u1d be corning to the Council with a proposal to lease a 180 ft. berth. DENNIS SCHOLL, 1306 Vista Street, stated that he was delighted to see a proposal for a lease at SMIC and noted that, based on a conversation he had had with Gates, the proposal was not contingent on approval of the north bulkhead dock bond. He 220 PAGE 220 REGUIJ\R MEETING - SEPTEMBER 28, 1987 VOLUME 22 stated that Gates had rrentioned future expansion of the shiplift facility. He asked for a completion date and a total dollar figure. He also asked if the 100 lease rate proposed for the FCA/ SSW lease ~uld decrease lease values for any subsequent leases in the area. GATES stated that while this proposal is not contin- gent on approval of the north dock bond, everyone should be aware that the city needs as Itulch "in water dockage" as "topside space" for a marine repair center. He also explained that the Letter of <::pinion upon which the lease rate was based had been based on "bare land"; any subsequent appraisals ~uld take into account the inproverrents which have been made at the site. No one else appeared in order to be heard and the public hearing was closed. B. Notice of public hearing as posted and published as required by law relative to a proposed long term lease of an unsurveyed :!:6, 750 sq. ft. parcel within the SMIC to FCA/SSW for the construction of an oil treatment plant in conjunction with a marine repair business was noted and the public hearing was opened. CHRIS GATES, Director of Marine Marketing and Develop- rrent, noted that this proposed lease was no longer an issue. He stated that FCA/SSW had originally submitted two proposals - one for a marine repair business and a second for a waste oil treatment plant. During negotiations, it was decided to join the two under one lease agreerrent. JOEL STEEIMAN, SSW, noted that the oil treatment plant will be incorporated in the lease agreerrent which will be the subject of the October 5 public hearing. DENNIS SCHOLL, 1306 Vista St., stated that the Council Itulst decide what is the number one priority - the North Dock or the cradles and rails system. He also asked if the city had considered whether additional fire support facilities would be needed with the new developrrent at the shiplift. BOB VAIDATI'A, 528 Fifth, stated that Ketchikan had just gotten out of the waste oil business. He asked if "we will have the sarre problems". He also stated that FCA/SSW will not be able to put the waste oil facility and the ship repair facility in the sane building. JIM PRUITI', Maple Street, stated that the city should consider two operators for the larger space since this ~uld enhance the operation. No one else appeared in order to be heard and the public hearing was closed. 221 PAGE 221 REGUIAR MEETING - SEPTEMBER 28, 1987 VOLUME 22 I C. Notice of public hearing as posted and published as required by law relative to a proposed long tem lease at less than fair market value of a :\:500 sq. ft. parcel within the Seward Marine Industrial Center to the National CCeanic and Atrrospheric Administration for the construction of a reIIOte sensing weather station was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) BOB VALDATTA, 528 Fifth Avenue, stated that he was representing Ernest Blatchford. Mr. Blatchford wished to appeal to the Council the Planning Comnission I s decision relative to his request for a variance to construct a carport wi thin the entire front yard setback of his residence located at lot SA, Block 31, Original Toonsite of Seward. [BIAroIFORD APPEALED THE CCM1ISSION'S ORIGINAL DOCISION TO DENY THE VARIANCE AS REQUEST- ED. THIS APPEAL WAS UPHELD BY THE COUNCIL AND THE VARIANCE WAS REMANDED J3..Z\CK TO THE CCMMISSION FOR RECONSIDERATION. UPON RECONSIDERATION, THE CCM1ISSION HAD GRANTED A VARIANCE IN '!HE SIDE YARD SETJ3..Z\CK SO THAT BIA'ICHFORD COUID CONSTRUCT THE CARPORI' IN THE BACK YARD OF HIS RESIDENCE NOI'ING THAT THIS IDUID CONSTI'IUTE A LESSER VARIANCE THAN REQUESTED.] I Valdatta stated that backing out of a alley way ~uld be very difficult in winter. that raising the level of the backyard to carport ~uld be a financial burden. carport into the He also stated accamodate the Garzini stated that he had discussed this with Blatch- ford and had visited his house once again. He stated that there is an existing garage in the back yard accessible from the alley, just as the back yard carport would be. He stated that the Comnission was correct and encouraged the Council to uphold the Commission's decision. In response to Valdatta' s assertion that a similar variance had been granted for a residence on Second Avenue, Garzini stated that the variance in question consisted of a one-foot intrusion into the setback and was not noticed by the building official until after it was completed. A certificate of occupancy was not then issued until the variance was ob- tained. He also noted that the city had required one builder to reIIOve a foundation when it was discovered that it infringed on the setback. [SEE AGENDA ITEM NO. X (A) . ] IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: I None B. Ordinances for Public Hearing and Enactrrent: 222 BUILDINGS/ORD: (No construc- tion across platted prop. lines allowed - except for single family residences) SURPLUS PROP/ ORD: (Donation of surplus property al- lowed) PAGE 222 REGULAR MEEI'ING - SEPI'EMBER 28, 1987 VOLUME 22 1. 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, ALASKA, PROHIBITING THE CONSTRUC- TION OF BUILDINGS ACROSS PIATTED PROPERI'Y LINES. 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. Murphy noted that the IlOtion for enactrrent of the ordinance was on the floor, having been postponed from the last rreeting. SIMUI'IS MJVED TO AMEND THE PROPOSED ORDINANCE BY SUBSTITUTING IN ITS STEAD ORDINANCE NO. 596 (Arrended); THE IDI'ION WAS SE:ONDED BY HILTON. (The aIrended version of the ordinance ~uld exenpt single family residences fran this requirerrent. ) In response to a question from Hilton, Administrative Assistant Kerry Martin explained that the administrative plat procedure gave the borough surveyor the authority to approve a replat himself without a hearing or approval by the borough Planning Corrrnission. Once the proposed replat is presented to the borough, the surveyor has 7 days in which to take action. Martin also explained that the ordinance should prevent problems for the city in the future by requiring devel- opers of Imlltifamily housing or comrercial enterprises to replat Imllti-lot parcels containing one complex or building into one lot. THE QUESTION WAS CALLED AND THE MJI'ION TO AMEND CARRIED UNANIM:USLY. THE QUESTION WAS CALLED ON THE MAIN IDI'ION AND ORDI- NANCE NO. 596 CARRIED UNANIM:USLY. 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, ALASKA, AMENDING SECTION 10-19 OF THE CITY CODE TO AJ..J..Dfl THE DONATION OF SURPLUS CITY PROPERrY TO NONPROFIT ORGANIZA- TIONS. I I I PAGE 223 REGUIAR MEETING - SEPTEMBER 28, 1987 VOIlJME 22 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 MJVED TO APPROVE ORDINANCE NO. 597; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. C. Resolutions: 1. 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, AUTHORIZING A LCNG TERM LEASE, AT LESS THAN FAIR MIillKET VAIIJE, TO THE U. S. GOVERNMENT NOM NATIONAL WEATHER SERVICE FOR A PUBLIC SERVICE WEATHER RADIO TRANSMITTER SITE IN THE SEWARD MARINE INDUSTRIAL CENTER. SIMUTIS MJVED TO APPROVE RESOLUTION NO. 87-091; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANIM:USLY. RECESS: The rreeting was recessed at 8:50 p.m. and reconvened at 9:00 p.m. X. UNFINISHED BUSINESS: A. SIMUI'IS MJVED TO UPHOID THE APPE1\L OF THE PLAN- NING CCMITSSION'S AcrION TO GRANT A VARIANCE FOR THE CONSTRUC- TION OF A BACK YARD CARPORI' ON WT SA, BWCK 31, OTS, AS FILED BY ERNEST BIA'ICHFORD; THE IDI'ION WAS SECONDED BY MEEHAN. Si1m1tis stated that she appreciated the Planning Camlission taking the time to take a another look at this request for variance. She stated that she was sorry that Blatchford was unhappy with the result, but she felt that the Corrrnission had done its job well and had found an acceptable compromise position. Dunham stated that she ~uld support the Planning Ccmnission on this issue but felt it was "unfortunate that the Cornnission has seen fit in the past to grant similar variances". THE QUESTION WAS CALLED AND THE IDI'ION FAILED WITH FIVE "NO" VOTES. (The appeal was denied and the Ccmni.ssion' s decision was upheld.) . XI. NEW BUSINESS: A. MEEHAN MJVED TO OFFER DAIA ANDRIJANOFF, DBA CAMPGRaJND SERVICES, THE OPTION TO EXTEND THE CONTRACT FOR 223 SMIC/RESO/RE- (NOAA lease) OTS/VARIANCE: (Blatchford ap- peal of reconsid- ered action DE- NIED. ) CAMPGROUNDS/CON- '2'2. '3: (Campground Services contract renewed for one year) 224 PAGE 224 REGULAR MEETING - SEPTEMBER 28, 1987 VOLUME 22 CAMPGROOND FEE COLLECI'ION THROUGH THE 1988 CONTRAcr SEASON; THE IDI'ION WAS SECONDED BY HILTON. Garzini stated that when he first arrived in Seward, the campgrounds were maintained "in-house" with the city col- lecting fees. During that time, the city had lost IlOney on canpground fee collection. He stated that he had concluded that his errployees were either inccrnpetent or dishonest. He stated that since Andrijanoff has been managing the canpgrounds the city is making IlOney and the campers are getting better service. He recormended that the Council renew Andri janoff's contract for an additional year. Dunham stated that she was sorry that public ccmnent had not been sought prior to Council action on renewal of the contract. She stated that the ccmrents she had heard about the carrpgrounds had been better this year than last, but she had received sane conplaints about the condition of the public restroorns. Hilton stated that the only way to insure clean public bathrooms was to station soneone in them 24 hours per day. He stated that he had never been in a public restroom that he considered "clean" and did not feel that this was a valid corrplaint. Simutis stated that Andrijanoff had done an excellent job. She noted that the total fees collected ($63,000+) was inpressive and suggested that the city should either consider taking a "bigger piece of the pie" or taking over fee collection at sane future time. In response to a question from Hilton, Schaeferrreyer stated that the city constructed and installed several signs for the canpgrounds this year. Hilton also suggested that the ~rding on the dtmpsters located in the campground be changed since they seerred to inply that no parking at all was allowed in the vicinity. Garzini suggested that the Council begin looking at the whole canpground issue this winter to determine just hoo nuch land it wants to remain available for public canping and which public land should be made available for leasing. Gieseler stated that, given the controversy which had surrounded award of the contract in the Spring, he ~uld enter- tain ccmrents from the public. BOB VAIDATTA, 528 Fifth Avenue, asked why the public was given no notice that this was to appear on the agenda. He noted that the Agenda had not appeared in the !0l as usual. JOHN GlASSER, 405 Fourth Avenue, stated that he was concerned about avoiding public embarrassrrent for the CounciL I I I PAGE 225 REGULAR MEEI'ING - SEPTEMBER 28, 1987 VOLUME 22 He stated that he was the person who had corrplained to Dunham about the restrOOIDS and suggested that the contract require the contractor to inspect the "port-a-potties" on a daily basis. WALTER CHRISTOLEAR, BrOOll & Hawkins Apa.rt:Irents, stated that it was unfair to announce a public hearing at the rreeting. He stated that the Council agenda for the last two rreetings had not been published in the newspaper. Si1m1tis noted that when the contract was approve it was understood that the Council would have the option to renew it for an additional year. THE QUESTION WAS CALLED AND THE ~ION CARRIED UNANI- MJUSLY. B. HILTON MJVED TO AUTHORIZE THE CITY MANAGER TO NEIDI'IATE A LONG TERM LFASE OF SBH J3OAR[MALK SITE NO. 7 WITH KENAI FJORDS TOURS, INC.; THE IDI'ION WAS SECONDED BY SIMUI'IS AND CARRIED UNANIM:USLY. (Public hearing and a resolution approving the lease docuroont ~uld be scheduled for a later rreeting.) C. MEEHAN MJ\lED TO APPROVE THE ROCc:M1ENDED PUBLIC' WORKS PROTIX:TS LIST AS PRESENTED BY THE ADMINISTRATION; THE IDI'ION WAS SECONDED BY HILTON. Garzini stated that the items appearing on the list were to be canpleted using local labor and ~uld be funded from Federal Shared Revenue IlOnies. He stated that a public hearing on the proposed expenditures would be conducted at the octd::ler 12 rreeting. THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANI- MJUSLY. XII. CITY MANAGER REPORI'S: GARZINI stated that the city had contracted repair of the Mt. WOlcott translator station and Channel 9 should be back "on the air" as soon as weather permits the contractor to get to the site. He stated that the city would provide sorre assistance by having one man on the ground. He assured the Council that no city enployee ~uld be allooed to go up the IlOuntain or in the helicopter. GARZINI explained that the letter of ~inion upon which the annual rental for the first lease at the shiplift site had been based on raw land. Since the property had no history, there was no basis for placing a value on it. He stated that in the absence of a ship repair facility, there had been no value attached to the land as a ship yard. He noted, however, that with the canpletion of the FCA/SSW facility, this would change and appraisals of adjacent lands ~uld reflect this added value. He also noted that while the proposed lease ~uld grant 225 MARINA SUB/SBH BOARDWALK LEASE: (Authorization to proceed w/lease to Kenai Fjords Tours, Inc.) GRANTS/PUB.WKS: (Fed. Rev. Shrg. funded projects) 226 PAGE 226 REGULAR MEEI'ING - SEPTEMBER 28, 1987 VOLUME 22 forgiveness of sorre rent in exchange for capital investrrent by the lessee, FCA/SSW would still be required to pay lift fees and moorage fees. He estimated that the lift fees paid by FCA/SSW ~uld pay the cost of running the synchrolift. XIII. COUNCll. DISCUSSION: MEEHAN asked if there were any designated short tenn parking or handicapped parking areas near the boat launch rarrp. He suggested that the Council address the parking plan for the entire area over the winter and that any parking regulations should be enforced. He also suggested that street-side parking in the Harbor be limited to one hour. HILTON also stated that any parking regulations should be enforced. He asked for a time schedule on the SMIC lease with FCA/SSW. Garzini stated that he had intended to ask the Council to take action at this rreeting but was unable to have everything ready in tine. Therefore, a special rreeting had been scheduled for M:mday night to conduct an additional public hearing and to consider action on the lease docurrent. GIESELER noted a proclamation designating October 4-10, 1987, as "National Employ the Handicapped Week" Gieseler then asked if any of the revenues collected by the city under the campground contract had gone into Greenbelt inproverrent. Garzini stated that he ~uld report back to the Council at the next rreeting. He inquired about the status of the playground equiprrent which had been ordered for the IaNell Canyon Park. Schaeferrreyer stated that the equiprrent had been received but was not yet installed. (It was decided by Council earlier not to place the equiprrent in the Lowell Canyon Park.) Garzini stated that he ~uld report on the status of the equiprrent at the next rreeting. In response to a question concerning the new boat for the SBH, Peirson stated that delivery was expected in Noverrber. XIV. CITIZENS' DISCUSSION: Dennis Scholl, 1306 Vista Street, stated that a developrrent plan for SMIC is needed before the Council makes the kinds of decisions it is now naking. He also noted that the appraisal process is very irrportant since future appraisals will take into effect "conparables". He encouraged the Council to "get behind" SSW so that Steelman can "get going as soon as possible" . He stated that he had heard that the city had appropriated $50,000 for Teen Center inproverrents. He cautioned against making inprovements to a building located on property in which the Ferry Systan has expressed an interest. He also comrented that public hearings and agendas should:\be published and if the clerk's office is not publishing tIle agendas a problem exists which the Council should investigate. Scholl suggested that snow renoval be done by other than city enployees to provide ~rk for local people. He also asked hoo the Parks I I ';i ';'. I 227 PAGE 227 RmJIAR MEEIT'ING - SEPI'EMBER 28, 1987 VOLUME 22 and Recreation Director position would be filled. Finally, Scholl asked why the city had never established the Annetta Gillespie Endowrrent Fund as required by Council Resolution No. 85-104. BOB VALDATTA, thanked the city for fixing the problem in his alley. He also noted that Juneau does not list Seward Fisheries as a supplier of fish rreal. He suggested that the city expend sorre public funds to let those in Juneau knoo what it has to offer. JIM PRUITT, Maple Street, stated that he ~uld have a proposal for a lease at SMIC available for the Council prior to the next rreeting. JOEL STEEI:.MAN, seward Steel~rks, stated that it takes six IlOnths to receive the specialty equiprrent he will have to order for his new facility. He stated that this was the reason for his desire to expedite approval of the lease. XV. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' COMMENTS: HILTON asked about the Annetta Gillespie Endavrrent Fund alluded to by Scholl. Garzini stated that he did not see any need for any action on the part of the city until funds have been raised to go into such a fund. He stated that it was never the intent of anyone for the city to lead any fund raising drive. XVI. ADJOURNMENT: The rreeting was adjourned at 10: 10 p.m. ~~~ Har . Gieseler Mayor . ('City' Seal)" ~ . f:: . ;... or' ----~~l'-=-""'--!f:-- --------------------- -- - --- - - - -- ---------- --- ,J'./?~~F. 2.;!"'7 { SPECIAL MEETING - OCTOBER 5, 1987 VOLUME 22 ,. ,'" ~-'. ~~ r.. '-/>. .-.', f-"/~ '.: f: 0;: i"'"'r1-0" The October 5, 1987, Special meeting was can- "';'.'70';c'Jii1~d. the lease which was to have been considered was not y~~_in final form as negotiations were still in pro- gre.s'S ,. ,- [' . ,'\ ~ ~.) t.. : ~ ' ~, . (Cit.y Sea~,t;",., . ," '.' "" '" ,.... .L\' ,,.' , ", }.... ...., ',." c-~ (,' . , ." -..>./. "~,'.Jr.,;, 0'; ,,\.'r~,i," f.-..)".,.. t...:. I r-" . ''-<.'70 ...-.d ~. .~]r/JJJ':"j."- 228 ELECTIONS/CITY COUNCIL/COMMUN- ITY CENTER/MU- SEUM/DOCKS & HARBORS/BONDS: (Canvass of 10/06/87 elec- tion) PAGE 228 SPECIAL MEETING - OCTOBER 7, 1987 VOLUME 22 I. CALL TO ORDER: The October 7, 1987, special rreeting of the Seward City Council was called to order at 4: 15 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREM:lNY: Counci1rrember Simutis led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Council1rErnbers B0o- her, Hilton and Simutis (Counci1rrern- bers Dunham, Meehan and Noll were absent with Council consent) Present also: City Clerk Murphy, Administrative Sec- retary Mumford and Finance Director Peirson IV. APPRfNAL OF SPECIAL MEEI'ING AGENDA: SIMUI'IS MJVED TO APPROVE THE SPECIAL MEETING AGENDA AS PRESENTED; THE MOrION WAS SECrnDED BY HIL'Irn AND CARRIED UNANI- M)USLY. V. NEW BUSINESS: A. Murphy distributed a tally of the unofficial results of the October 6, 1987, regular election. She noted that a total of 580 ballots had been cast at the polls. Of these, 549 ballots had been counted by the election boards; the remaining 31 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 narres of the 61 electors who had requested absentee ballots. She noted that ~ ballots which had been mailed had not been returned in time to be canvassed by the board. She reconrrended that 5 of the ballots be rejected as folloos: PRECINCT NO. 1 CRIPPS, Ann S. C. - No record of voter registration; PRECINCT NO. 2 DUPREE, Louis J. - Failed to register within thirty days of the election; I I I 229 PAGE 229 SPECIAL MEErING - CCI'OBER 7, 1987 VOLUME 22 HENDRICKSON, patricia - No record of voter registra- tion; LUST, Scott D. - Failed to change voter registration to Seward within thirty days of the election; and RAVNIK, Jayne - No record of voter registration. GIESELER M:1JED TO ~ THE FIVE ABSENTEE BALLOI'S AS RECCMMENDED BY THE CITY CLERK; THE IDI'ION WAS SECONDED BY HIL'Irn AND CARRIED UNANIIDUSLY. Booher renoved the five rejected ballots and tendered them to Murphy for safekeeping. Murphy reconm:mded that the Board count the remaining 54 absentee ballots as cast by the follooing voters: PRECINCT NO. 1 PRECINCT NO. 2 ALEXANDER, Donna G. ALEXANDER, Elrro L., II ALEXANDER, Kathy ANDERSON, Karen E. BCXYIH, Katherine v. CHANDLER, Romaine F. CRIPPS, David B. DEWANE, Denis L. EPTON, Kathryn A. FAUST, Ben E. FAUST, Lucile M. FLORY, Brian GROVE, Joan E. HUTCHISON, Carl K. KCW\LSKI, Donna L. K~KI, Martin N. LEE, Mary Elizabeth LEWIS, Mary F. LINCOLN, Deborah A. LIDYD, Bob E. MACSWAIN, Janes A. M)()RE, Barbara L. NOLL, William C., Jr. OIDCW, Donald J. OIDCW, Panela F. REX:;IS. Pamala E. REYN:lLDS, Shirley A. SEIGEL, Richard F. SWARI'Z, Karen A. TRYGSTAD, Bruce P. WEA'I'HERLCW, Gary W. WEIR, Edna M. WHITETHORN, Darlene E. WHITETHORN, Lloyd J. WILKENS , Walter E. ANDERSON, Jack S. ANDERSON, John C. ANDERSON, Margaret A. ANDERSON, Sharon E. BOI'lUIER, Ethel C. BROSSCM, Margaret A. CAMPBELL, C. Keith CAMPBELL, Jacqueline J. CLEMENS, Dale B. CLEMENS, Joan L. DECK, ~lvin L. DUNHAM, Willard E. HILL, Robert B. KARGES, Bever ley J. PELCH, Mildred L. SAWYER, George T., Jr. SAWYER, Kathleen A. TESTARMATA, Margaret N. 230 PAGE 230 SPECIAL MEETING - OCI'OBER 7, 1987 VOLUME 22 GIESELER MOlED TO ACCEPT THE CLERK'S RE:CX:MMENDATION TO COUNT THE 54 ABSENTEE BALIDI'S; THE IDI'ION WAS SECONDED BY HILTON AND CAHRIED UNANIM:USLY. As Booher read the narres on the absentee ballot envelopes, Gieseler checked them from the list and MJrnford opened the outer envelopes, rerroved the plain white inner envelopes and set them aside to be opened later in the rreeting. Murphy distributed a list of persons casting ques- tioned ballots on election day. She stated that the 31 ques- tioned ballots had been cast by voters whose narres did not appear on the precinct registration lists. She stated that of the 31 questioned ballots cast, the follooing 9 were recormended for rejection as folloos: PRECINCT NO. 1 ANKRJM, Russell D. - :Registered in Anchorage; BOREN, Martha A. - No record of voter registration; BURANEN, Judy I. - :Registered in GircMxxl; HASCH, Peggy L. - Registered in Bear Creek; MEINTZ, Tirrothy w. - No record of voter registration; POIErI'I, Elizabeth L. - Registered in Bear Creek; WILEY, Arlene D. - :Registered in M::lose Pass; PREX:INCT NO. 2 CLEMENS, Kristi A. - Registered in Bear Creek; and WILSON, Stephanie - Registered in Bear Creek. GIESELER MJVED TO ACCEPT THE CLERK'S RECCM1ENDATION TO REJECT THE 9 QUESTIONED BALImS; THE IDI'ION WAS S:OCONDED BY HILTON AND CARRIED UNANThUUSLY. Booher reIIOved the 9 rejected questioned ballots fran the others and tendered them to Murphy for safekeeping. Murphy recormended that the board count the remaining 22 questioned ballots as cast by the follooing electors: PRECINCT NO. 1 CLARK, Margaret D. - Narre change only; registered as-Margaret Lechner; CRIPPS, Donald W., Jr. - Conputer error; ERICKSON, Margaret A. - Conputer error; FLYNN, 8hae L. - Corrq;luter error; GAHCIA, Presentacion L. - Conputer error; GRUNDMAN, Sally N. - Corrputer error; JACQUES, Lester E., II - Catputer error; KNUDSON, JanES L. - Corrputer error; MARrIN, Kerry T. - Carq:>uter error; MARrIN, Sun OK - Corrputer error; MAXIM, Kim M. - Carputer error; I I 231 PAGE 231 SPECIAL MEETING - cx:TOBER 7, 1987 VOLUME 22 O'CONNOR, Kevin J. - Corrputer error; PICKErT, Alice - Registered in Precinct No.2; RICE, William D. - Corrputer error; THORN, Patricia - Registered in 1979; purged in 05/87 for failure to vote in previous two elections; PRECINcr NO. 2 DUCHAM, Julia - Registered in Precinct No.1; FADS, John C. - Corrputer error; FREDRICKSON, Janes O. - ConpJ.ter error; FREDRICKSON, Jeanne K. - Ccmputer error; HECKEL, Vernon E. - Registered in Precinct No.1; SHANKS, Patsy J. - Registered in Precinct No.1; and WALIACE, Billie M. - Corrputer error. Murphy explained that she used the term "COllputer error" when a narre had been left off the corrputer list (poll book) because the registration form had not been received by Division of Elections in time to appear on the list (in the case of those registering in the last days prior to the 30-day cut off) or when a voter's narre had been placed on another precinct list in error. GIESELER MJVED TO ACCEPT THE CLERK'S RE'.CCMMENDATION TO COUNr THE 22 QUESTIONED BALLOI'S; THE MarION WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. The questioned ballots were reIlOved from their outer envelopes and shuffled with the absentee ballots which were opened and set aside earlier. The 76 white envelopes were opened by Mumford and the ballots were rerroved by Pooher. The ballots were read aloud by Pooher while Si1m1tis and Peirson tallied and Hilton and Gieseler observed. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on October 6, 1987. Murphy read the results of the combined totals as folloos: PRECn~T PRECI~ ABSENTEE/ NO. 1 NO.2 QUESTIONED TCfI'ALS MAYOR OF COONCIL (2-Year term - One to be elected) Donald W. Cripps 108 61 22 191 Harry E. Gieseler 179 73 34 286 Dennis M. Scholl, Ph.D. 76 41 18 135 WRITE-INS I Bob Valdatta 0 3 0 3 ~32 PAGE 232 SPECIAL MEEI'ING - OC"IDBER 7, 1987 COUNCIIMEMBER (2-Year tenn - Three to be elected) W. C. Casey Walter Christolear David L. Hilton Michael J. Meehan Patrick 0' Brien Theodore J. White 100 138 219 238 177 60 WRITE- INS Sharon Anderson Ray Burgess Eldon Johnson Larry Johnson Lee M:::Anerney Mickey M::>use Guy Nelson Jim Parrish Bruce Sieminski Bob Valdatta o o o o o o o o 1 6 PROPOSITION NO. 1 ($450,000 G.O. Bond - Senior/Corrmunity Cen- ter /Museum) YES NO 250 110 PROPOSITION NO. 2 ($2.1 Million G.O. Bond - North Bulkhead Cargo Dock) YES NO 190 165 TOl'AL VOI'ES CAST: TOl'AL VOI'ES aJUNI'ED: 392 370 51 62 131 107 75 10 26 26 51 48 34 9 VOLUME 22 177 226 401 393 286 79 1 1 1 1 1 1 1 1 1 15 440 172 328 278 641 625 Murphy stated that any defeated candidate or any 10 qualified voters could protest the election by filing a written corrplaint with the City Clerk prior to 5: 00 p.m., M:mday, October 12, 1987. She added that if no such protest was filed, the City Council, at its regular rreeting of October 12, 1987, ~uld certify the election as valid and declare the results official. VI. COUNCIL DISCUSSION: None 1 1 1 1 1 1 1 1 o 6 o o o o o o o o o 3 132 45 58 17 97 79 41 34 61/31 54/22 188 179 PAGE 233 I VII. None VIII. SPECIAL MEEI'ING - OC'IOBER 7, 1987 VOLUME 22 CITIZENS' DISCUSSION: COUNCIL AND ADMIN. RESPONSE TO CITIZENS' CCM1ENTS: None IX. ADJOURNMENT: I PAGE 233 I. CALL TO ORDER: The rreeUng was adjourned at 5: 24 p.m. ~? ~<-Olj., . Gieseler Mayor ------------------------------------------------------- REGULAR MEEI'ING - OCTOBER 12, 1987 VOLUME 22 The O::tober 12, 1987, 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: the flag. Council.rrenber Booher led the pledge of allegiance to III. ROLL CALL: I Present were: Mayor Gieseler and Council1renbers B0o- her, Dunham, Hilton, IoEehan, Noll and SinuUs Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer, Manager of Engineer- ing and Utili ties Diener, Finance Director Peirson , Administrative Assistant Martin, Parks and Recreation Director Andrijanoff, Chief of Police Bencardino, Director of Marine TAXES/FISHING/ RESO: DEEDS & EASEMENTS/ RESO: SMIC (SHIPLIFT)/ COMMUNICATIONS/ CON-l:5"7/RESO: ACCTS PYBLE: MARINA SUB: CLIFF ADDITION: CON-218: (CO #l, extends cmpltn date to 11/15/87) PAGE 234 REX;ULAR MEEI'IN:> - OCTOBER 12, 1987 VOLUME 22 Marketing and Developrrent Gates and City Clerk Murphy IV. APPROVAL OF MINUTES: SIMIJTIS MJVED TO APPROVE THE SEPTEMBER 28 AND CCI'OBER 7, 1987, MINUTES AS WRITTEN; THE MOrION WAS SECONDED BY HILTON AND CARRIED UNANIMJUSLY. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: Schaeferrreyer requested the addition of Agenda Item No. IX(C) (3) - Proposed Resolution lib. 87-098, authorizing a. professional services agreerrent for preliminary design and cost estimate for the North Bulkhead Cargo Dock. HIL'Irn KJIJID TO APPROVE THE REGUIAR MEETING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED: THE IDTION WAS SECONDED BY MEEHAN AND CARRIED UNANIM:USLY. The follooing actions were taken: 1. Resolution No. 87-093, supporting legislation providing for a !lOre equitable distribution of the fisheries business tax revenue refunded by the state to local goverrurents, was approved and filed; 2. Resolution No. 87-094, aIrending Resolution No. 85-050 by dropping the reversionary language from the quit claim deed disposing of two buildings to the U. S. Governrrent, was approved and filed; 3. Resolution No. 87-097, awarding a contract to General Telephone Corrpany of Alaska to extend telephone service to the Ship Transfer Facility, was approved and filed; 4. October 1, 1987, Finance Departrrent list of Accounts Payable totalling $1,247,243.60, was approved for payrrent and filed; 5. October 7, 1987, rreIIOrandum from Administrative Assistant Martin requesting authorization to proceed with lease negotiations with Jerry lorz and Dot Bardarson for lease of the North one-half and the South one-half, respectively, of lDt 5, Block 1, Marina Subdivision, was approved and filed; ** 6. October 7, 1987, rreIIOrandum from Administrative Assistant Martin requesting approval to proceed with the dis- posal of lots 2 and 3, Block 9, Cliff Addition, as real property surplus to the needs of the city, was approved and filed; 7. Change Order No. 1 to the Underwater /SWalling contract for SMIC Ship Transfer Facility civil work (CON-218), extending the corrpletion date to November 15, 1987, was noted for information and filed; I I I PAGE 235 REGUIAR MEETING - CCTOBER 12, 1987 VOWME 22 8. Change Order No. 1 to the Underwater/Swalling contract for SMIC Ship transfer Facility civil work and util- ities (CON-228), extending the conpletion date to Noverrber 15, 1987, was noted for information and filed; 9. October 8, 1987, rreIIOrandum from Engineering and utilities Manager Diener relative to the status of the ship transfer project was noted for information and filed; 10. September 30, 1987, rreIIOrandum from Finance Director Peirson setting forth the Second Quarter-1987 taxable sales report was noted for information and filed; and 11. October 2, 1987, rreIIOrandum fran Diener noting the follooing change orders to the Sarrwhan contract for prison construction was noted for information and filed: #84 - Providing all labor, equiprrent and rraterials to install 16-gauge sheetmata1 backing for future telephone booth installations (+$775); #85 - Deleting all fabricated revised cell furnish- ings,-eKcept book shelves (-$88,330); #86 - Providing labor, equiprrent and materials to add tectum board on 3 outside walls of the Control #215 in the APS Building (+$2375); #87 - M:xlifying the grade at Gate 0-16 to be level and feathered out to alloo the gate to work properly (+$1364); #88 - Providing all equiprrent, materials and labor to add an additional relay control for lighting circuit (+$464); #89 - Adding additional circuits to Fire Alann Control Panel in Building #5 (+$2000); #90 - Supplying drive pins to anchor coat hooks, shelves-and desks in cells (+$2955); #91 - Performing various jobS within the scope of work called for on specific directives #12, 13, 14, 22, 24, 25 & 29 ((+$70,000); #92 - Adding asphalt pavenent on the project site (+67,575) ; #93 - Deleting welded wire and barbed tape wire (-$2100) ; #94 - Relocating fuel oil line, providing food service revisions and reveal to balance joints at panels 23 & 86 for architectural appearance (+$13,967); #95 - lidding electrical ~rk, structural revisions, fabrication and installation of steel frcures (+$15,575); #96 - Installing the electrical and security !lOnitor- ing system for Units #2 & #3 lighting (+$5862); and #97 - Increasing the depth of burial on the Folger Adams Gates (+$2230). ** NOTE - Schaeferrreyer noted that the administration ~ld offer Lots 2 and 3, Block 9, Cliff Addition, for public sale. [See item No.6, above.) 235 CON-228: (CO #1, extends compltn date to 11/15/87) SMIC (SHIPLIFT): (Status report) TAXES: (Taxable sales rept - 2nd Qrtr-1987) CON- \ s'1 : ?~() PAGE 236 REGUIAR MEETING - CCI'OBER 12, 1987 VOLUME 22 SPOCIAL ITEMS: Ei~;;~~~; : ( 10/06/87 A. BOOHER M)VED TO CERI'IFY THE OCTOBER 6, 1987, Certi- ELECTION AS VALID AND TO DECLARE THE RESULTS PRESENTED IN THE fied) CLERK'S OCTOBER 8, 1987, MEM:>RANDUM AS OFFICIAL; THE IDI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIM:USLY. PRESENTATIONS: (Plaque to S. Wassilie & R. Booher) C. COUNCIL: (Gieseler, Hil- ton, Meehan & O'Brien sworn) PUBLIC HEARINGS: (Federal Rev. Sharing--FY88) PUBLIC HEARINGS: (Brdwlk Lease Site No.8) B. Gieseler presented a plaque to Sandy Wassilie in appreciation of her five years of service on the Planning Comnission. (Ms. Wassilie resigned from the Comnission effec- tive O::tober 1987.) Gieseler also presented a plaque to Bcx::>her in recognition of his two years of service on the City Council. Booher then stepped down from the dais and took a seat in the audience . C. Murphy swore in newly re--elected Mayor Harry E. Gieseler and presented him with a Certificate of Election. Murphy then swore in newly re--elected Councilrrembers Hilton and Meehan and newly elected Council1rerrber O'Brien and presented each of them with a certificate of election. 0' Brien took his seat at the dais and participated in the remainder of the rreeting. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: A. Notice of public hearing as posted and published by law relative to the Fiscal Year 1988 budget and the relation- ship of Federal Shared Revenue Funds to that budget was noted and the public hearing was opened; no one appeared 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 long tenn lease of Seward Small Boat Harbor Boardwalk Site No. 8 to Kenai Fjords Tours, Inc., was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been rrade available to the public, Gieseler noted by title only a proposed ordinance entitled: I I I PAGE 237 REGUlAR MEETING - CCI'OBER 12, 1987 VOLUME 22 AN ORDINANCE OF THE CITY CUJNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING APPENDICES II-C, III-A, III-C, V-A AND VI-B OF THE UNIFORM FIRE CODE. MEEHAN MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 598; THE IDI'Ictil WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. (Public hearing was scheduled for October 26, 1987.) Schaeferrreyer explained that this was a "housekeeping" ordinance, stating that the city attorney had advised that these appendices were not automatically adopted when the city adopted the Uniform Fire Code, but must be narred individually if the city wished to include them in its code. B. Ordinances for Public Hearing and Enactrrent: None C. Resolutions: 1. 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, AMENDING THE FISCAL YEAR 1988 BUDGET BY APPROPRIATING FUNDS FRa1 THE FEDERAL REVENUE SHARING TRUST ACCCXJNT. SIMUI'IS MJVED TO APPROVE RESOLUTION NO. 87-095; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANIM:USLY. 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 'IRE CITY OF SEWARD, ALASKA, AUTHORIZING A WNG-TERM LEASE OF EMALL BOAT HARBOR BOARrMALK SITE NO. 8 TO KENAI FJORDS TCURS, INC. HILTON MJVED TO APPROVE RESOLUTION NO. 87-096; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:USLY. 3. Copies having been distributed Council and made available to the public, Gieseler title only a proposed resolution entitled: to the noted by A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AurHORIZING A PROFESSION- AL SERVICES AGREEMENT FOR PRELIMINARY DESIGN AND COST ESTIMATE FOR 'IRE NORl'H BULKHEAD CARGO DOCK. 237 BUDGET/RESO: (Ap- prprtg funds from Fed.Rev.Shrg. to FY 88 GF Budget) BOARDWALK/LEASE/ RESO: (Lease of Brdwlk Site #8 to Kenai Fjords Tours, Inc.) DOCKS & HARBORS/ CON- -z.~{, /RESO: (Contract for prelim design & cost estimates - North Bulkhead Cargo Dock) 238 C. COUNCIL: (Mee- han appointed Vice Mayor) PAGE 238 REGULAR MEETING - CCTOBER 12, 1987 VOLUME 22 HILTON M:NED 'ID APPROVE RESOUJTION NO. 87-098; THE IDI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIIDUSLY. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. GIESELER MJVED TO APPOINT MEEHAN AS VICE MAYOR OF COONCIL FOR THE ca.ITNG YEAR; THE IDI'ION WAS SOCONDED BY NOLL AND CARRIED UNANIMJUSLY. XII. CITY MANAGER REPORTS: SCHAEFERMEYER noted that Counci1rrember O'Brien had asked that the Cliff lIddition property referred to in Consent Calendar Item No. 6 be put out to public bid and not limited to solicitation from the three individuals rrentioned in the staff rrerrorandum. He stated that the administration would proceed with a public bid process. Schaefe:r:meyer also stated that, on October 23, Governor Cowper would be making his first trip to Seward since his election, arriving at Noon, touring the city and speaking at the Annual Rotary Banquet scheduled for 7: 00 that evening. GARZINI noted that Senator Kerttula and the Senate Judiciary Conmittee ~uld be visiting Seward on October 22 to tour the city and to attend a reception in their honor at 4:30 that afternoon. He noted that the Council would be receiving invitations to the reception as soon as plans were finalized. XIII. COONCIL DISCUSSION: HILTON asked if there were plans to install larger culverts under Fourth Avenue into the Bay so that the Lagoon could enpty faster and avoid flooding of Third and Fourth Avenue. Diener stated that he had net with an engineer from DOT/PF who had indicated that DOT/PF is considering proposing a joint project between the city and the state to acconplish this. O'BRIEN stated that he did not intend to bid on the t~ lots located in the Cliff lIddition, but had asked that they be put out to public bid so that everyone ~uld have an option to bid on them. MEEHAN thanked the COI1UTlUIlit1 for electing him to another tenn on the city council and',. thanked the Mayor and Council for appointing him to another year as Vice Mayor. GIESELER appointed a corrmittee consisting of Council- rrerrbers Dunham and Si1m1tis, City Clerk Murphy and Deputy City Manager SchaeferITeyer to review the City Charter and report back to the Council at the first rreeting in February 1988 with I I I 239 PAGE 239 REGULAR MEEI'ING - ~BER 12, 1987 VOLUME 22 recomrendations for rev~s~ons. He also thanked the corrrnunity for supporting h:iJn in the recent election. XIV. CITIZENS' DISCUSSIOO: SANDY WASSILIE, 105 Lowell Canyon Road, thanked the Mayor for the plaque which she had received earlier in the evening. She reccmrended that the city review the Small Boat Harbor Master Plan and the Uplands Managerrent Plan, stating that she felt the city had overlooked the needs of those who utilize the slips in the Harbor when the parking plan was established. She also suggested that future leases of city property be approved by the Council contingent upon the lessee obtaining any conditional use pennits necessary for construction or operation of his/her project. She stated that under the current system, a lessee carres to the Cornnission seeking a conditional use pennit after the Council has already approved the lease, leaving the Cornnission with very little recourse but to approve the requested permit. HERMAN LEIRER, Dairy Hill, stated that the culverts in the Small Boat Harbor had been a problem for a long time. He stated that the city should "keep on top of this" until sorre- thing is done by the state. He also stated that the city, state and federal governrrents should work together to construct a dike from the landfill area to the Bay on the south side to prevent future flooding of the Airport. }N. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' COMMENTS: None XVI. ADJCXJRNMENI': The Ireeting was adjourned at 8: 10 p.m. ~Cd~'?'&. Harry Gieseler Mayo ,,' , ' ,I l'i ,'1 !~ " {Ci;.ty-5eall ,. " , ,.c -', ./. i~.v.-. ., 240 PURCHASING/POLICE/ RESO: PURCHASING/RESO: C. ATTY: PAGE 240 REGULAR MEETING - CCTOBER 26, 1987 VOLUME 22 I. CALL TO ORDER: The October 26, 1987, regular meeting of the Seward City Council was called to order at 7:35 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREMJNY: Counci1rrember ~han led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Counci1rrembers Hil- ton, Maehan, Noll and O'Brien (Coun- ci1rrembers Dunham and Si1m1tis were absent with Council consent) Present also: Deputy City Manager Schaefe:rrreyer, City Attorney Arvidson, Finance Director Peirson, Engineering & Utilities Manager Diener, Director of Marine Marketing and Developrrent Gates, Parks and Recreation Director Andrijanoff, Deputy Fire Chief Squires, lIdministra- tive Assistant Martin and City Clerk Murphy IV. APPROVAL OF MINUTES: MEEHAN MJVED TO APPROVE THE OCTOBER 12, 1987, REGUlAR MEEI'ING MINUTES AS WRITI'EN; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANJM)USLY. V. APPROVAL OF CONSENT CALENDAR & REX;UIAR MEETING AGENDA: NOLL MCJ\1ED TO APPROVE THE REGULAR MEEI'ING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE IDTION WAS SECONDED BY HIL'Irn AND CARRIED UNANIM:USLY. The follooing actions were taken: 1. Resolution No. 87-100, authorizing the city manager to execute an agreement of sale of the city's police dog (Bingo) to Michael Chapran, was approved and filed; 2. Resolution No. 87-101, authorizing the sale of a surplus steel truss bridge to the city of Bettles, was approved and filed; 3. October 9, 1987, invoice from w::>hlforth, Flint & Gruening for legal services rendered through September 30, 1987, and totalling $3,514.84, was approved for payrrent and filed; I I I 241 PAGE 241 REX;ULAR MEEI'ING - OCTOBER 26, 1987 VOLUME 22 4. October 15, 1987, invoice from Wiley, Rein & C. ATTY: Fielding for legal services rendered in September 1987 and totalling $323.72, was approved for payrrent and filed; 5. October 22, 1987, nerrorandum frcrn City Clerk C. COUNCIL: Murphy requesting cancellation of the November 9, 1987, Council rreeting was approved and filed; 6. October 22, 1987, nerrorandum from Murphy regard- lng expiration of the terms of twJ Trade Board seats was noted for information and filed; and 7. Proclamation designating Novenber 1987 as "Na- PROCLAMATION: tional Alzheirrer' s Disease M:>nth" was noted for information and filed. VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Assanbly President Jonathan Sewall gave a verbal report of the October 13, 1987, Asserrb1y Meeting. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) A. BOB VAUJA'ITA, 528 Council to consider creation of Corporation. Fifth Avenue, encouraged the a local &:onomic Developrent IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enact::rrent: 1. Copies having been made available to the public, Gieseler noted by title only a proposed ordinance entitled: FIRE DEPT/ORD: (Amending Fir9'! Code) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING APPENDICES II -C, III-A, III-C, V-A, AND VI-B OF THE UNIFORM FIRE CODE. 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. 242 PAGE 242 REX;ULAR MEETING - CCTOBER 26, 1987 VOLUME 22 MEEHAN MJVED TO ENACr ORDINANCE NO. 598; THE IDTION WAS SEX:ONDED BY NOLL AND CARRIED UNANIM:XJSLY. C. Resolutions: COMMUNITY SCHOOLS/ CON- l/<F/RESO: 1. Copies having been made available to the public, Gieseler noted by title only a proposed resolution enti tled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR THE COMMUNITY SCHOOLS PROGRAM AND AUTHORIZ- ING A PUBLIC USE AGREEMENI' BETWEEN THE CITY AND THE KENAI PENINSUIA BOROUGH SCHOOL DISTRICT . NOLL MJVED TO APPROVE RESOLUTION NO. 87-099; THE IDI'ION WAS SEX:ONDED BY HILTON AND CARRIED UNANIM:USLY. PU&PW (Refuse Serv) / 2. Copies having been ITE.de available to the cON-O'l3/RESO: public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING THE CONTRACT FOR CITY GARGABE AND REFUSE REM)VAL SERVICE TO HERMAN LEIRER, DBA SEWARD SERVICES, FOR THE PERIOD BffiINNING JANUARY 1, 1988, AND ENDING DECEMBER 31, 1988. HILTON MJVED TO APPROVE RESOLUTION NO. 87-102; THE IDI'ION WAS SEX:ONDED BY 0' BRIEN AND CARRIED UNANIIDUSLY. PURCHASING/ELEC. DEPT / 3. Copies having been made available to the RESO: public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, AIASKA, APPROVING THE PURCHASE AND FINANCING OF A UTILITY LINE TRUCK. MEEHAN MJ\lID TO APPROVE RESOLUTION NO. 87-103; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. (Diener explained that the payrrent plan was budgeted and that the truck ~uld replace a 1971 vehicle.) X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: SMIC: (Harbor Dinner Club lease proposal) A. HILTON IDVED TO AUTHORIZE THE ADMINISTRATION TO PROCEED WITH LEASE NEroI'IATIONS WITH THE HARBOR DINNER CLUB FOR I I I PAGE 243 REGULAR MEETING - CCI'OBER 26, 1987 VOIllME 22 LEASE OF PROPERrY WITHIN THE MARINE INDUSTRIAL CENI'ER; THE KYl'ION WAS SECONDED BY NOLL. October 12, 1987, rreIIOrandurn from SchaefeTIreyer reconm:mding that the Council not go forward with this lease proposal was noted. Schaeferrreyer stated that the proposed lease site has been designated as the site of the proposed federal prison. In response to a question from M=ehan, Schaef- errreyer noted that there is serre private property in the vicini- ty of the proposed site, adding that there is no corrpelling need at this point for the developTIent of a restaurant in this industrial area. He stated that a lunchwagon might be nDre appropriate to take care of the needs of the workforce in the area which ~uld probably have shorter (one-half hour) lunch breaks. 0' Brien stated that the city should not be in the business of telling private industry when the time is right to develop. He added that he ~uld like to see the administration ~rk with Carl Norman (the proposer) to find serrething agreeable to both parties. Schaeferrreyer stated that the city had suggested other locations to Norman, but the site chosen is the only location within reach of existing utilities. He further stated that it is the business of the city to find the highest and best use for publicly ooned property and noted that the proposed federal prison ~uld create up to 300 new jobs in the corrmunity and would bring new !lOney into the area. In response to a question fran O'Brien, he stated that the city of Seward has been narred as the site of the new federal prison in a bill which is currently before the Office of Budget and Managerrent. He added that the city should know if final approval if forthcaning in approximately 90 days. MEEHAN MJVED TO POSTPONE ACI'ION ON THE LEASE PROPOSAL UNTIL THE SECOND MEEI'ING IN FEBRUARY, 1988; THE IDI'ION WAS SECONDED BY 0 I BRIEN AND CARRIED UNANThUUSLY. O'Brien asked that the city begin working with Nonrnn to find another site for his lease proposal. B. MEEHAN MJ\lED 'ID APPOINT SAM DANIEL, LIDYD M:CAUL- EY AND JAMES STIGALL TO THREE-YEAR TERMS ON THE cnMMUNITY HOSPITAL BOARD; THE MOrION WAS SECONDED BY O'BRIEN AND CARRIED UNANThUUSLY. XII. CITY MANAGER REPORI'S: SCHAEFERMEYER asked for Council nonobjection to allooing a local contractor to !lOve 2-3 thousand cubic yards of gravel to a site between the highway and the Forest Acres campground. He noted that all necessary penni ts ~uld be obtained and that the contractor would be required to leave enough trees along the highway to prevent the area from becoming an eyesore. He further noted that fill would be needed in this 243 SEWARD GENERAL HOSPITAL: (Com. Hospital Board) ?44 PAGE 244 REX;ULAR MEETING - OC'I'OBER 26, 1987 VOIDME 22 area should the city eventually nove forward with its idea to relocate the city shop in this area. No objection was voiced by the Council SCHAEFERMEYER also noted that Diener is in the process of preparing the narratives for the 1988 Capital Irrproverrents Projects priority list for presentation to the Council on November 23. XIII. COUNCIL DISCUSSION: MEEHAN suggested that Gates and Valdatta get together to work on Valdatta' s ideas concerning a local Economic Develop- !rent Corporation. NOLL stated that he had rret with the Governor during his tour of the Institute of Marine Science (IMS) and that Cowper had listened attentively to the presentation concerning the inproverrents which are needed. He added that IMS is cur- rently turning away grant applicants because of lack of space. Noll also stated that Valdatta' s idea is a good one and asked that the administration give it close examination. HILTON stated that he had received a copy of the City of Honer Council agenda. He noted that this agenda alloWs citizen CamEnts concerning any agenda item at the beginning of the rreeting. He asked the Clerk to draft an ordinance which ~uld change the Seward agenda accordingly. O'Brien requested that the Clerk get samples of agendas from various areas of the state for review before follooing such a course of action. GIESEIER stated that Gates had spent the weekend touring area ports with the Assistant Secretary of the Navy and others concerning the possibility of homeporting sorre navy vessels in Alaska. Gates noted that although. Senator Stevens has been touting the Ports of Kodiak and Ketchikan for future naval hareports, Seward has a very good chance of rreeting the technical requirenEnts of the Navy. Gieseler also noted that the Navy representatives present were inpressed with the recep- tion they received in Seward. Gates noted that Valdatta' s Economic Developrrent Corporation is a good idea in theory, but private sector funding could be difficult to carre by. He also warned against diluting the talent, time and effort of local volunteers. XIV. CITIZENS' DISCUSSION: KEITH CAMPBELL, 1910 Forget-Me-Not Circle, thanked the Council for affirming those selected by the Hospital Association for service on the Cormmmity Hospital Board. He also comrented that the initial philosophy behind developrrent of the Marine Industrial Center was to concentrate industrial developrrent in an area rerroved fran residential, tourist and other business developrrent to avoid potential conflicts between industry and I I I 245 PAGE 245 RffiUI.AR MEEI'ING - ccroBER 26, 1987 VOLUME 22 people. He advised Council to keep this in mind when consider- ing a proposal to locate a restaurant in the SMIC. WALTER CHRISTOLEAR, BrONn & Hawkins Apartrrent No.6, noted that he had agreed to co-chair the Polar Bear Jurrq:> with Jennifer Head. He also agreed with Hilton I s suggestion that the Agenda be changed to alloo public coIlllent at the beginning of the rreeting. BOB VAJ.nATTA, 528 Fifth Avenue, suggested that those attending the Fish Expo in Seattle "check out" the Portland and Tacana ports to see hoo they are "laid out". XV. COUNCIL AND ADMIN. RESPONSE TO CITIZENS I CCM-1ENTS: GIESELER thanked Christolear for chairing the annual Polar Bear Jurrp. XVI. ADJOURNMENT: The rreeting was adjourned at 8:55 p.m. '- (City ~1) J .,\ .LI ". ,~ ..." ,,"\0 ,: ~,,r " ftt", ~~ ,,' ,. . ,', ~ .', .' :-t- '-;~'::"I.E:: ' ..\..~~ "':.;- OF p.. , ~'L . ---------------------------------------------------------------- PAGE 245 REX3UIAR MEEI'ING - NOVEMBER 23, 1987 VOLUME 22 I. CALL TO ORDER: The November 23, 1987, 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: Councilrrember Dunham led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers Dun- 246 PAGE 246 REGUIAR MEEI'ING - NOVEMBER 23, 1987 VOWME 22 ham, Hilton, Noll, O'Brien and Si1m1tis (Council1rember ~ehan was absent with Council consent) Present also: Deputy City Manager Schaeferrreyer, City Attorney Arvidson and Administrative Secretary Mumford IV. APPROVAL OF MINUTES: O'BRIEN MJVED TO APPROIlE THE OCTOBER 26, 1987, MINUTFS AS PRESENTED; THE MClI'ION WAS S:ocrnDm BY HIL'Irn AND CARRIED UNANThUUSLY. V. APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: 0' Brien noted that Consent Calendar Item No. 2 (Ybhl- forth, Flint & Gruening invoice for legal services) appeared to contain charges which were approved for payrrent at the last Council rreeting. Schaefe:rneyer assured the Council that the ci ty ~uld not pay for the services twice. Gieseler noted that Resolution No. 87-108 was spon- sored by Garzini, not the Mayor. SIMUTIS MJVED TO APPROIlE THE REGUIAR MEETING AGENDA AND CONSENT CALENDAR AS PRESENTED; THE IDI'ION WAS SOCONDED BY DUNHAM AND THE FOLLCWING ACTIONS WERE TAKEN: TAXES (Alcohol)/ RESO: 1. Resolution No. 87-108, requesting repeal of AS 4.21.010 (c), was approved and filed; C. ATTY: (Wohlforth, Flint & Gruening) services filed; 2. Ybhlforth, Flint & Gruening invoice for legal totalling $3,718.30, was approved for payrrent and ACCOUNTS PAYABLE: 3. Finance Departrrent' s list of Accounts Payable dated November 6, 1987, and totalling $1,515,189.85, was ap- proved for payrrent and filed; PRISON (Budget): Revisions apprvd. 4. Noverrber 16, 1987, rreIIOrandum fran Engineering and Utilities Manager E. Paul Diener requesting approval of the revised Spring Creek Correctional Center project budget was approved and filed; COMMUNICATIONS (TV) : 5. November 16, 1987, rreIIOrandum from Engineering and Utilities Manager E. Paul Diener requesting approval of payrrent totalling $5,263.28 and a possible additional payrrent totalling $2,500 to F & J Consultants for repair of the primary translator on Mt. Yblcott, was approved and filed; C.COUNCIL/CON- \~\ : (Agenda publication) 6. November 18, 1987, rrerrorandum fran City Clerk Murphy requesting approval of a one-year contract extension with I I I PAGE 247 REGULAR MEEI'ING - NOVEMBER 23, 1987 VOUJME 22 the Seward Phoenix Log for display advertising, was approved and filed; 7. Noverrber 18, 1987, IlEIlOrandum from City Clerk Murphy requesting authorization to solicit letters of interest in serving on the KPB/RDC, was approved and filed; 8. Application for permit for ganes of chance and skill as filed by American Legion Auxiliary No. 5 was filed without objection; 9. Change Order No. 2 to the Underwater/Swalling contract for SMIC Transfer Facility civil work and utilities extension, extending <X:IlTIpletion date to March 15, 1988, was noted for infomation and filed; 10. November 17, 1987, IlEIlOrandum from Engineering and Utilities Manager Diener concerning public use area expan- sion in the Harbor was noted for infomation and filed; 11. November 18, 1987, IlEIlOrandum fran City Clerk Murphy regarding proposed agenda format changes was noted for infomation and filed; and 12. construction, filed: Change orders to the Sanwhan contract for prison as listed be 100 , were noted for infomation and #12 - Providing for additional ~rk and materials required for floor drains in housing units per OC/VR #86-SOC-125 (+$125,553); #98 - Providing all labor, materials and equip- rrent to apply epoxy paint to the walls of Room T-4 in APS Building (+$395); #99 - Providing all labor, equiprrent and mate- rials to aC<X:IlTIplish the installation of flanged, surface-nounted architectural louvers in the notor pool and warehouse buildings (+$2,989); #101 - Deleting coin-operated key function for all visitor lockers in the APS Building (-$2,345); #102 - Installing curb and gutter, adding risers to sewer nanl101es behind Building #3, sloping away to drain, adding drywell to N.E. and N.W. corners, filling in behind Buildings #2 and #3 to drain to the South away from buildings (+$22,518); and #103 - Changing all the pipe railing material under Section 05522 in the ccrrplex frc.m round schedule 40 sea less pipe to square steel tube pipe (+8,040). VI. BOROUGH ASSE11BLY REPORI': Kenai Peninsula Borough Assembly President Jonathan Sewall was not present and no report was given. 247 GAMES OF CHANCE & SKILL: Am.Legion Aux. #5 CON-215: CO #2 CON-159: CO's 7.48 PUBLIC HEARINGS: Bradley Lake Power Sales Agrmt. PUBLIC HEARINGS: Bradley Lake Wheeling Agrmts. PUBLIC HEARINGS: Bardarson Lease PUBLIC HEARINGS: Lorz Lease PAGE 248 REGUIAA MEETING - NOVEMBER 23, 1987 VOLUME 22 VII. PUBLIC HEARINGS: A. Notice of public hearing as posted and published by law relative to a proposed resolution (No. 87-066) approving the execution of an agreeIlent for the sale and purchase of electric power (Pooer Sales Agreerrent) relating to the Bradley Lake Hydroelectric Project, was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. B. Notice of public hearing as posted and published by law relative to a proposed resolution (No. 87-104) approving the agreerrent for the wheeling of electrical p0Yrer and for related services (Services Agreerrent) for the Bradley Lake Hydroelectric Project, was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. C. Notice of public hearing as posted and published by law relative to a proposed long tenn lease of the South one-half of lot 5, Block 1, Marina Subdivision, 1317 Fourth Avenue, to Dot. Bardarson, dba Bardarson Studio, for an art studio/framing shop/gift shop, was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. D. Notice of public hearing as posted and published by law relative to a proposed long tentl lease of the North one-half of lot 5, Block 1, Marina Subdivision, 1319 Fourth Avenue, to Jerry Lorz, dba The House of Diarrond Willoo, for a gift shop, was noted and the public hearing was opened; no one appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) FRANCES HARMCN, 903 Fourth Avenue, addressed the Council concerning handicap parking in the city. She stated that the city needs nore handicap parking plaoes and an ordi- nance which the police could enforce. Gieseler stated that he had discussed this with the administration and asked Schaefer- rreyer to corrrrent. Schaefemeyer stated that the city ~u1d enforce existing state law regarding handicap parking and ~uld investigate the need for a city ordinance. He encouraged the public to take down the license number and vehicle description when a violation is observed and to pass this information on to the police. Simutis asked if the local police could cite violators of the handicap parking law on private property such as the Bob' s Market parking lot. Schaefemeyer stated that this was one of the issues which the city would research. IX. ORDINANCES AND RESOLUTIONS: I I I PAGE 249 REX;ULAR MEEI'ING - NOVEMBER 23, 1987 VOLUME 22 A. Ordinances for Introduction: 1. public, Gieseler entitled: Copies having been made available for the noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, AlASKA, AMENDING THE CITY CODE RELATIVE TO ACCESS TO PUBLIC RECORDS. SIMUTIS KJ\lED TO INTRODUCE PROPOSED ORDINANCE NO. 599; THE ~ION WAS SECONDED BY HILTON AND CARRIED UNANIM)USLY. (Public hearing was scheduled for Decerrber 14, 1987.) B. Ordinances for Public Hearing and Enact.rrent: None C. Resolutions: 1. public, Gieseler entitled: Copies having been made available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE EXECUTION OF AN AGREEMENT FOR THE SALE AND PURCHASE OF ELECTRIC PCWER (PCWER SALES AGREEMENT) RELATING TO THE BRADLEY lAKE HYDROELECTRIC PROJECT . HILTON MJVED TO APPROllE RESOLtJrION NO. 87-066 (SUBSTI- TUTE); THE IDI'ION WAS SECONDED BY DUNHAM. In response to a question from Hilton, Arvidson noted that no one has signed the contracts yet; however, the Chugach Electric Association Board and Golden Valley Board have approved the contact and the Municipality of Anchorage would be consider- ing the contact at its next Ireeting. He noted that opinion letters from the attorneys involved were due lIbnday, November 30 and signing by the parties would folloo thereafter. In response to further questioning fran Noll, Arvidson stated that the Fairbanks Utility had pulled out of the agreerrent about 10 days ago because of a lack of capacity in the transmission lines; however, the Fairbanks share had been picked up by Golden Valley. Schaefe:rneyer, responding to 0' Brien's questions about the Four Dam Pool controversy in Southeast several years ago, stated that the key to Bradley lake was the maxirmlm ceiling on debt service which YJOUld be the largest factor in determining electrical rates. O'Brien asked if the city would be committed to purchasing the pooer if the rates should carre in at "10-15<:"; Arvidson answered affir:natively but noted that the city was 249 ELEC.DEPT. (Bradley Lake)/CON- /RESO: Power Sales Agrmt. for purchase of Bradley Lake power 250 PAGE 250 :REX;ULAR MEETING - NOVEMBER 23, 1987 VOLUME 22 purchasing only 1 % of the Bradley Lake Power, and the city's objections (to such a rate) would be voiced by all purchasers. In response to a question from Hilton, Diener stated that the 1% the city ~uld purchase fran Bradley Lake under the proposed agreerrent would equal approximately 12% of the city's pooer needs as of today. He estimated that this would probably equal about 8-10% of the city's power needs when Bradley Lake corres "on line". Hilton questioned the wisdan of agreeing to purchase only 1% when the cost of hydro power in the next few years is likely to be cheaper than the cost of pooer generated by gas or oil. Diener explained that by agreeing to purchase 1%, the city of Seward would be involved in all of the decision making processes relative to the Bradley Lake Project. In addition, the city would continue to purchase pooer frcm Chugach Electric Association (CEA), and since CEA would be purchasing frcm Bradley Lake, any pooer savings realized through the purchase of hydroelectric power would be passed on to Seward. THE QUESTION WAS CALLED AND THE RESOLUTION WAS AP- PROI7ED UNANIM:USLY. ELEC.DEPT/CON- l77/ 2. RESO: Bradley Lk public, Gieseler Wheeling Agrmts entitled: Copies having ben made available to the noted by title only a proposed resolution A RESOlllTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE AGREEMENT FOR THE WHEELING OF ELECTRICAL PCWER AND FOR RElATED SERVICES (SERVICES AGREEMENT) FOR THE BRADLEY lAKE HYDROELECTRIC PROJECT. SIMUTIS MOVED FOR APPROVAL OF RESOLUTION NO. 87-104; THE mrION WAS SECONDED BY HILTON. Arvidson noted that the third "Whereas" clause should read "Resolution No. 87-066 (Substitute)". SIMUTIS AND HILTON AGREED TO ACCEPT THE CHANGE AS A FRIENDLY AMENDMENT. In response to a question fran Hilton, Diener stated that he did not have a figure before him, but the cost of wheeling the pooer should be very small relative to the cost of power. He added that any costs will be passed on to us through the pooer we buy frcm Chugach whether we are involved in the agreement or not. He also noted that Chugach rates must be approved by the APUC, adding that the city could always appeal a rate which was felt to be out of line. Noll questioned the effect SB 22 ~uld have on these agreements. Diener explained that SB 22 would exerrpt the construction contracts fran APUC overview and would not affect the wheeling agreements. Arvidson stated that signing the power sales agreement and the wheeling agreeIrents ~uld not subject the city to APUC jurisdiction. I I I PAGE 251 REGUIAR MEEl'ING - NOVEMBER 23, 1987 VOLUME 22 THE QUEsrION WAS CALLED AND THE MOrION PASSED UNANI- MXJSLY. 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, AUTHORIZING THE LONG TERM LEASE OF THE SOUTH ONE-HALF OF WT 5, BWCK 1, MARINA SUBDIVISION, TO oar BARDARSON. HIL'IDN MJVED TO APPROVE RESOIillION NO. 87-105; THE MClI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIM:JUSLY. 4. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOlliTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE WNG TERM LEASE OF THE NORI'H ONE-HALF OF WT 5, BWCK 1, MARINA SUBDIVISION, TO JERRY WRZ. SIMUTIS M)VED TO APPROVE RESOLUTION NO. 87-106; THE MOrION WAS SECONDED BY DUNHAM AND CARRIED UNANIMXJSLY. 5. 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, ESTABLISHING RATES FOR GARBAGE AND REFUSE REMJVAL SERVICES FOR THE PERIOD CO>lMENCING JANUARY 15, 1988. O'BRIEN MJVED TO APPROVE RESOLUTION NO. 87-107; THE IDI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMXJSLY. 6. Copies having been rrade 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, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF Nal' TO EXCEED $2,550,000 IN AGGREX:;ATE PRINCIPAL AMJUNT OF GENERAL OBLIGATION BONDS OF THE CITY FOR THE PURPOSE OF RAISING FUNDS TO PAY THE COST OF VARIOUS CAPITAL IMPROVEMENTS IN THE CITY, FIXING CERI'AIN DErAILS OF SAID BONDS, PIDVIDING FOR THE FORM AND MANNER OF SALE OF SAID BONDS, AND PLEDGING THE FULL FAITH AND CREDIT OF THE CITY TO THE PAYr-ffiNT THEREOF. MARINA SUB/RE- RESO: (Lease to Bardarson) / Dot MARINA SUB/RE- / RESO: (Lease to J. Lorz) PU&PW (Refuse Serv.) Contract w/Seward Services to expire 12/31/88) BOND SALES/RESO: $2,550,000 GO BondE authorized - SMIC Cargo Dock & Sen- ior/Community Cntr PAGE 252 REGULAR MEETING - NOVEMBER 23, 1987 VOLUME 22 NOLL MJVED TO APPROVE RESOLUTION NO. 87-109; THE IDI'ION WAS SECONDED BY HILTON. Schaefenreyer introduced Tom Klinkner, Bond Counsel for the city. In response to a question fran Hilton, Schaefer- rreyer briefly outlined the time line for the bond closing. Klinkner explained that the sale of the bonds was scheduled for December 9. He also noted that this resolution (No. 87-109) ~uld authorize the issuance of the bonds. Follooing the sale, the actual interest rates and other details of the sale would be detennined and the city would be asked to approve another resolution (on December 14) to approve those specifics; i.e. interest rates, maturities, etc. He added that the actual closing has been scheduled for the second week in January. O'Brien asked if it would be wise to wait 60-90 days to "pick up a little bit on the interest rates". Klinkner explained that there are 3 municipalities interested in going forward at this time. He noted that there are economies to be realized by combining these three smaller issues into one bond bank issue. He also- noted that the city is relying on the underwriter's best estimate of what the opportunities are in the market, and if the underwriter should see some advantage to delaying for a week, or a !lOnth, without interfering with the needs of any of the municipalities involved, closing would be delayed. Schaeferrreyer noted that the city of Seward antici- pates the need for the funds by March 15. THE QUESTION WAS CALLED AND THE M0I'ION TO APPROVE RESOLUTION NO. 87-109 CARRIED UNANIMJUSLY. PU&PW (Streets)/CON- 7. ~~ & /RESO: public, Gieseler Contracts for entitled: snow plowing & removal Copies having been made available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A COOTRACT FOR SNCW REMJVAL AND SANDING. SIMUTIS ~ TO APPROVE RESOLUTION NO. 87-110; THE IDI'ION WAS SECONDED BY HILTON. In response to a question from Hilton, Diener ex- plained that there is a need for ~ different kinds of equip- rrent for snOlN reIIOval, thus necessitating the need for two different contracts. He also explained that Nash Road is state highway only as far as the city limits; thereafter it becorres a city road. Diener stated that the city had tried to give the road to the state, but the state was unwilling to take it. He added that the state might change its view once the prison is opened. THE QUESTION WAS CALLED AND THE MJI'ION TO APPROVE THE RESOWTION PASSED UNANIM:USLY. I I I PAGE 253 REGULAR MEETING - NOVEMBER 23, 1987 VOWME 22 8. public, Gieseler entitled: Copies having been made available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN AGREEMENT TRANSFERRING EQUIPMENT, CWNERSHIP AND CONTROL OF TELEVISION TRANSMISSION STATION K09DL. HILTON IDVED TO APPIDlE RESOWTION NO. 87-111; THE MOl'ION WAS SECONDED BY 0' BRIEN. In response to a question from Noll, Arvidson briefly outlined the history of negotiations for transfer of the trans- mission station. He stated that the agreeITent before the Council is very close to the original one drafted by counsel. Noll objected to a transfer of the equiprrent to Denali Broad- casting Conpany without a reversionary clause. Schaeferrreyer pointed out that Denali is obligated under the proposed agree- rrent to operate the station for at least ten years, and a failure to do so ~uld constitute a violation of the agreerrent. He added that this agreerrent is a rrechanism to both put Channel 9 on the air and to get the city out of the television business. O'Brien concurred with Noll, stating that the agreeITent should contain a reversionary clause relative to the equiprrent. Hilton disagreed, stating that the equiprrent was originally turned over to the city at no cost. He stated that the city's aim was to "get out of the television business" and this agreeITent was a good faith effort on the part of the city to do just that. He added that, even if Channel 9 should go off the air, area residents could still receive Channels 3 and 7 at no charge. Schaeferrreyer noted that the equiprrent in question is probably not ~rth the expense to !lOve it off the !lOuntain. Noll stated that the administration 1 s position since last SlmIDer has been to get Channel 9 off the air. Dunham disagreed, stating that the administration's recomT'endation had been to get the city out of the television business. She further agreed with Schaeferrreyer that the equiprent was probably worth very little. THE QUESTION WAS CALLED AND RESOLUTION NO. 87-111 WAS APPROIlED WITH FOUR "YES" VOTES AND NOLL AND O'BRIEN VarING "NO". 9. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOWTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $7,000 FROM THE GENERAL FUND-FUND BALANCE TO THE COMMU- NITY DEVElDPMENT BUIX;Er FOR THE PURPOSE OF CCMPLETING A Da<.'NTCWN SEWARD STRATEGIC ENHANCEMENI' PIAN. COMMUNICATIONS (TV) RESO: Transfer of equipment & licens, for Channel 9 to Denali Broadcastin' Co. COMMUNITY DEVELOP- MENT/RESO: Apprptg funds for Communi- ty Enhancement Program CAPITAL IMP.PLAN: FY 88 priority list approved CLAIMS FOR DAMAGES: A. Cass - $725.41 claim approved PAGE 254 REGUIAR MEETING - NOVEMBER 23, 1987 VOLUME 22 SIMUTIS MJVED TO APPROVE RESOLUTION NO. 87-112; THE IDI'ION WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. RECESS: The rreeting was recessed at 8:45 p.m. and reconvened at 8:55 p.m. X. UNFINISHED BUSINESS: A. SIMUTIS IDVED TO APPROVE THE CAPITAL IMPROVEMENTS PROJECT PRIORITY LIST AS INCLUDED IN THE PACKEI'; THE MarTON WAS SECONDED BY HILTON AND CARRIED UNANThUUSLY. (Gieseler opened the floor for discussion from the audience prior to the vote, but no one carre forward to speak.) Follooing is the 1988 CIP Priority List approved by the Council: $ Request $6,782,292 250,000 1,600,000 270,000 110,000 250,000 6,360,000 250,000 275,000 120,000 1,814,175 144,900 1,676,266 203,000 125,000 150,000 5,600,000 110,000 200,000 200,000 B. HILTON MJVED TO APPROVE THE CLAIM BY ANNETTE CASS IN THE AM:lUNT OF $725.41; THE M:Jl'ION WAS SECONDED BY DUNHAM AND CARRIED UNANIM:USLY. (Ms. Cass' sewer line was damaged by the city during installation of a power pole.) TRADE BOARD (Appts): C. GIESELER APPOINTED WILIARD DUNHAM AND MADELYN W. Dunham & M. WALKER TO FILL THE 'lWO VACNlr SEATS CN THE SEWARD TRADE AND Walker apptd. COMMERCE ADVISORY BOARD WITHOUT OBJECTION. (TenIlS to expire Novenber 1990.) None XI. NEW BUSINESS: Priority No. Title 1 2 3 4 5 6 7 8 9 10 Seward General Hospital Ferry/IMS/City Dock Gateway Subdivision Handicap Access/City Hall Police Dispatch Renovation EXtend Utilities to SMIC Facilities Nash Road Boat Harbor 115 KV Transmission Line Study Service Dock - SMIC Pave Parking lots in Harbor Expansion of SMIC Ship Transfer Pave Governrrent Rd., Dairy Hill Expansion of SMIC Ship Repair Fac. Park Inproverrents Non-Directional Beacon/Airport Doontoon Secondary Electrical Upgrade Public Safety Building Harbor Building Electrical Distribution Sys. /Carrelot Extend 12.47 KW Distribution/Nash Rd. I I I PAGE 255 REGUIAR MEETING - NOVEMBER 23, 1987 VOWME 22 D. GIESELER APPOINTED COUNCIU1EMBER 0' BRIEN 'ill BE THE COUNCIL'S EX OFFICIO MEMBER OF THE COMMUNITY HOSPITAL BOARD. E. Discussed under "Citizens' Discussion with Prior Notice" . XII. CITY MANAGER REPORI'S: Engineering and Utilities Manager Paul Diener reported on the status of the North Bulkhead Dock project and the SMIC Transfer Facility project. He stated that there was a substan- tial corrpletion inspection of the Transfer Facility last week and the project was found to be substantially complete, the workmanship was superior and the project was within budget. Diener stated that bids were cp8ned earlier on the SMIC water extension project. He stated that the engineer's estimate was $400,000 and the 100 bid was $218,000 (Brown Construction, Kenai). He stated that the city could noo bid the SMIC sewer project. Diener stated that the city has nary drawings on the North Bulkhead dock. the plans for the project. received the preliroi- He briefly described Diener also listed the projects planned for the city, including a $450,000 project to rrodify the APS building in the prison and complete an outdoor exercise cage for the prisoners, SMIC drainage irrproverrents, additional small prison projects, SMIC sewer line, glass-in of porch and other irrproverrents to the Harbormaster' s Building, siding of the Teen Center, boardwalk ~rk in the Harbor, SMIC maintenance work, Swetman bike trail, repair of diversion tunnel (Corps of Engineers project), and IMS dredging and breakwater construction. that with In response to a question from O'Brien, Diener stated prison staffing would begin about the first of the year, first prisoners due about May 15. XIII. COUNCIL DISCUSSION: DUNHAM stated that she had attended a Prison Indus- tries rreeting in Anchorage. She reported that a public hearing had been scheduled in Seward in January on the three projects that are known at this time and which may be incorporated in Spring Creek Correctional Center. The projects noted were package/kit log hares, camper tops, and tire shredding. She noted that the tire shredding was not labor-intensive, but would enhance the envirornrent by getting rid of used tires in an envirorurentally safe way. O'BRIEN asked what type of handicap parking ordinance the administration was supposed to devise - enforceIrent or designation of parking spaces. He stated that, if designation was the issue, the Planning Commission should be involved. HOSPITAL (Board): O'Brien apptd. ex officio member) " PAGE 256 REGUIAR MEETING - NOVEMBER 23, 1987 VOLUME 22 SchaefeITreyer stated that the administration ~uld be working on an ordinance which would provide enforcerrent of those spaces already designated as handicap parking. GIESELER congratulated Arvidson. He stated that, at AML, he had heard nothing but good CaTIrents concerning H'IGP&B. He noted that HTGP&B had participated as trainers at the AML conference and at the AAM2 Academy Session and were well re- ceived. He also comrended Herman Leirer concerning the fine job he has done since his conpany has been handling refuse collec- tion for the city. XIV. CITIZENS' DISCUSSION: BOB VAIDATTA, 520 Fifth Avenue, asked for a breakdoon on local hire at the prison and other projects. XV. COUNCIL AND ADMIN. RESP<l\ISE TO CITIZENS' CCMvIENTS: None XVI. ADJOURNMENT: The rreeting was adjourned at 9:40 p.m. >. \,~. . " ..'>~. \~ '. ~_ <f'.--..;.'''.' "'.... ~.,. ' '.,:ii',( 1.' ..' ,L { ~,$'" ", ... C:J"" ~~:.,..\.t- .' ~c-~ H E. Gieseler or I I , -" i fl, PAGE 1 REGUIAR MEETING - DECEMBER 14, 1987 VOLUME 23 I. CALL TO ORDER: The Decenber 14, 1987, regular rreeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Harry E. Gieseler. II. OPENING CEREM:lNY: Councilrrember O'Brien led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Gieseler and Councilrrembers Dun- ham, Hilton, M=ehan, Noll, O'Brien and Si1m1tis Present also: City Manager Garzini, Deputy City Mana- ger Schaeferrreyer, City Attomey Arvidson, Engineering & Utilities Manager Diener, Administrative Assistant Martin, Finance Director Peirson, Port Marj<.eting Director Gates, Police Chief Bencardino and City Clerk Murphy IV. APPROVAL OF MINUTES: Not available INTRODUcrIONS: Gieseler introduced Senator Jalmar Kerttula and City Lobbyist Kent Dawson who were present in the audience. V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA: GIESELER MJVED TO MEET IN EXECUTIVE SESSION nt-1EDIATE- LY FOLLCWING THE CWSE OF BUSINESS IN ORDER TO DISCUSS A PERSON- NEL MATTER; THE MOI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIM:lUSLY. (Gieseler noted that the Executive Session was for elected officials only.) Murphy requested that Consent Calendar Item No. 1 be aITended by changing the reccmrendation to "File without objec- tion" since the establishrrent in question had paid all past due utility and sales tax bills. O'Brien requested that Consent Calendar Item No. 6 be placed on the regular rreeting agenda under New Business for discussion. Noll reserved the right to question Diener conceming Consent Calendar Item No. 8 later in the rreeting. ( CSE 154745 1 c; ..... PAGE 2 REGUIAR MEETING - DECEMBER 14, 1987 VOLUME 23 NEEHAN MJVED TO APPROVE THE REGUIAR MEEI'ING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE IDI'ION WAS SOCONDED BY DUNHAM AND CARRIED UNANIM:USLY. The follooing actions were taken: ABCB: Club) (Niko's Night beverage filed by 1. ABCB notification of application for renewal of a dispensary license and a restaurant designation as Niko's Night Club was filed without objection; ABCB: (Seward Trad- ing Company) ABCB: (Van Gilder Hote 1) C. ATTY: (Wiley, Rein & Fielding) ACCTS. PAYABLE: PU&PW (Water)/CON- ~: SMIC Water Distribution construction contract 2. ABCB notification of package store license as filed by filed without objection; a request for renewal of a Seward Trading Corrpany was 3. ABCB notification of a request for issuance of a new beverage dispensary license and a restaurant designation as filed by the Van Gilder Hotel was filed without objection; 4. November 1987 invoice for legal services total- ling $268 as filed by Wiley, Rein & Fielding was approved for payrrent and filed; 5. December 2, Accounts Payable totalling payrrent and filed; 1987, Finance Departrrent list of $1,358,247.27, was approved for 6. ~ved to Regular Meeting Agenda; 7. December 3, 1987, rreIIOrandum from Engineering and Utili ties Manager Diener recormending award of a contract to BrONn Construction Corrpany to construct the SMIC water dis- tribution system, Phase I, for a contract arrount not to exceed $218,445.54, plus a contingency totalling $18,291.46, for a total project arrount NTE $236,737, was approved and filed; CON-256: (Amended) 8. December 9, 1987, rreIIOrandum fran Diener recom- rrending an amendrrent to the Peratrovich, Nottingham & Drage, Inc., contract to provide final design of the North SMIC Dock for an increased fixed price of $95,000, bringing the total contract arrount to $115,000, was approved and filed; PRISON/CON-261: (Maint. shop & Exercise Yard Roof Const.) 9. December 7, 1987, rreIIOrandum from Diener recan- rrending award of a contract to Titan Construction Corrpany to construct the Building Maintenance Shop and Exercise Yard Roof at the Spring Creek Correctional Center for an arrount NTE $462,006, plus a 7% contingency totalling $32,340, was approved and filed; TRADE BOARD (Appt): 10. December 10, 1987, rreIIOrandum from Murphy recan- J. Goodwill apptd. rrending that Council concur with the Mayor's nomination of Jack Goodwill to the Trade Board for a term to expire November 1989 was approved and filed; 11. December 10, 1987, rreIIOrandum from Murphy recom- ITending cancellation of the December 28, 1987, Council rreeting was approved and filed; 1 l CSE1S4746 I I I 3 PAGE 3 REGUIAR MEETING - DEX:D1BER 14, 1987 VOIDME 23 12. December 8, 1987, rreIIOrandurn fran Diener noting change orders to the Sarrwhan contract for prison construction were noted for information and filed as folloos: CON-159: Change Orders #l08 - providing a credit for all incomplete work and materials on Building No. 4 Exercise Area fran the exit door at the building outward (-$15,150); #109 - Providing additional office space for ror/PF occupancy (+$5,761); and #110 - Providing all equipment, labor and mate- rials for additional power from Panel XC to service CMCS system in Roam 1-215 (+$732); 13. November 23, 1987, letter from ror/PF Project Manager Grossman setting forth a !lOnthly activity report rela- tive to prison construction was noted for information and filed; 14. December 10, 1987, rreIIOrandurn fran Diener rela- tive to recent power outages and CEA/City efforts to alleviate them was noted for information and filed; and 15. Proclamations of the Mayor as folloos were noted PROCLAMATIONS: for information and filed: December 13-19, 1987 - "Drunk & Drugged Driver Awareness Week"; 1988 - "Year of the Veteran"; and "Wishing the Officers and Men of the USS Alaska Blue Crew a Joyous Holiday Season". VI. BOROUGH ASSEMBLY REPORI': Kenai Peninsula Borough Jonathan Sewall gave a verbal report assembly rreeting. Assembly Representative of the December 1, 1987, VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) A. FRANCES ~N, 903 Fourth Avenue, stated that she wished to folloo up on the handicap parking issue which she had raised at the last rreeting. She stated that handicap access was needed in City Hall, the Ray Building, the Hospital and the Clinic. She also asked that handicap parking spaces be des- ignated in the doontoon area. Gieseler noted a rreIIOrandurn from Schaeferrreyer which had been included in the Council packet and which stated that the city ~uld be enforcing state law concern- ing handicap parking. He also urged local citizens who witness a violation to report the sane to the Police Departrrent. ( CSE154747 ) 4 PAGE 4 REX;ULAR MEEI'ING - DECEMBER 14, 1987 VOLUME 23 B. MARK G. WILLIAMS, 7701 Evander Drive, Anchorage, representing the William H. Seward Yacht Club, stated that the club would like the city's "blessing" of its proposed lease of property from the Alaska Railroad (just north of the Coast Guard facility in the Harbor) for the purpose of constructing a clubhouse for its members. He stated that the club intends to utilize the condo which broke away from the Harbor Lights developrrent in the Harbor during the 1986 flood, thus ridding the harbor area of an existing eyesore. TERRY SCHOENFALL, Anchorage, displayed an artist's sketch of the proposed corrpleted structure which would include an outside stairway to the second and third floors, a balcony, and a veranda around the structure. He stated that the club also intended to extend the boardwalk from the Sirrutis restau- rant to the clubhouse and beyond. He also stated that the club did not intend to seek a liquor license and so ~uld not be competing with local businesses in the Harbor. In addition, he noted that club members ~uld have their oon shower and bathroom facilities once the clubhouse was open, thus relieving the Harbormaster's Building of sorre of its sUIlll'er burden. Hilton reminded the Council that the public had opposed having a private club in the Harbor several years ago when the Elks Club had proposed leasing property in the area. Sirrnltis stated that the Yacht Club belonged in the Harbor. In response to a question from O'Brien, Schoenfall stated that the Club intended to lease only enough property to house the struc- ture. Responding to a query from Dunham, Williams stated that membership in the Club was not restricted and was open to anyone interested in pro!lOting boating in Resurrection Bay. The Mayor, with the consent of Council, instructed the administration to issue a letter to the Alaska Railroad in support of the proposed lease of property to the William H. Seward Yacht Club for construction of a clubhouse. C. LEONARD WEIMAR, Chief, Bear Creek Fire Depart- rrent, failed to appear as scheduled. D. DEBORAH LINCOlN, President, Seward Volunteer ArrtlUlance Corps, failed to appear as scheduled. E. TIM POLIARD, Chief of Staff, Seward General Hospital, failed to appear as scheduled. IX. ORDINANCES AND RESOilJTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: ( CSf 154748 1 I I I PAGE 5 REX;ULAR MEEI'ING - DOCEMBER 14, 1987 VOLUME 23 1. 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, ALASKA, AMENDING THE CITY CODE REIATIVE TO ACCESS TO PUBLIC RECORDS. Notice of public hearing as posted and published by law was noted and the public hearing was opened. PAT WILLIAMS, 604 Sixth Avenue, asked that the Council postpone action on this ordinance. She stated that the ordi- nance was a serious one with long reaching effects and she would like to have an opportunity to study it and discuss it with the administration. No one else appeared in order to be heard and the public hearing was closed. O'BRIEN IDVED TO POSTPONE ACTION ON PROPOSED ORDINANCE NO. 599 UNTIL JANUARY 11, 1988, AT WHICH TIME A SECOND PUBLIC HEARING WAS TO BE HEID; THE MJI'ION WAS SEX:ONDED BY NOLL AND CARRIED UNANIMOO'SLY. C. Resolu~ions: 1. Copies having been made available to the public, Gieseler noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SALE TO THE ALASKA MUNICIPAL BOND BANK OF $2,550,000 OF GENERAL OBLIGA- TION BONDS, SERIES 1987, AUTHORIZED BY RESOLUTION NO. 87-109; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE A WAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK FOR THE PURCHASE AND SALE OF SUCH BONDS; AND PROVID- ING FOR RELATED MATTERS. MEEHAN MJVED TO APPROVE RESOLUTION NO. 87-113; THE MOrION WAS SEX:ONDED BY SIMUTIS AND CARRIED UNANIM:USLY. 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, AUTHORIZING THE CITY OF SEWARD TO PARrICIPATE AS A MEMBER OF THE KENAI PENINSUIA BOROUGH ECONOMIC DEVEIDPMENT DISTRICT, INC. 5 RECORDS & RETENTION (Public Records)/ ORD: Amending Code relative to access to public records (Postponed until 01/11/88) BOND SALES/RESO: Authorizing sale & execution of loan agrmt - $2,- 550,000 GO Bonds (SMIC Dock & Sen- ior/Community Cntrl KPB (Economic Dev. District)/RESO: Authorizing city participation in KPB-EDD ( CSf154749 ) 6 PERSONNEL: New Prof. Acctg. Position cre- ated for Fin. Dept. PAGE 6 REGULAR MEETING - DEX:EMBER 14, 1987 VOLUME 23 SIMUTIS MJVED TO APPROVE RESOLUTION NO. 87-114; THE IDI'ION WAS SECONDED BY DUNHAM. In response to a question from Noll, Port Marketing Director Gates stated that the Borough Resource Developrrent Corrrnission would dissolve and its nemhers would becare a part of the Economic Developrrent District Board. THE QUESTION WAS CALLED AND THE MJI'ION CARRIED UNANI- MXJSLY. 3. public, Gieseler entitled: Copies having been made available to the noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS TO THE FINANCE DEPARI'MENT TO ESTABLISH A PROFESSIONAL ACCOONTING POSITION. HILTON MJVED TO APPROVE RESOLUTION NO. 87-115; THE IDI'ION WAS SEX:ONDED BY MEEHAN. O'Brien stated that he is opposed, in general, to adding positions to the city since the city has quite a few enployees per capita compared to other cities in the state. He added that he hoped that this would lead to a reduction of a position through attrition or transfer in the future. ~han stated that he shared O'Brien's concerns. He added that the city has done an excellent job of "holding the lid" on enployees. He noted that the Finance Director is overworked and needs support at this time. Garzini stated that there is too I1Ulch professional level work in the Finance Departrrent for one enployee to handle, and the addition of this position would eliminate this problem. He noted that Peirson had been hired to assist Joe Gale about one year prior to his (Gale's) departure, adding that during this time the Finance DepartrrEnt had run very srooothly. In response to a question fran Dunham, Garzini stated that the person hired ~uld be capable of replacing Peirson should he leave. He also noted that about one-half the salary for this position would be funded by enterprise funds or capital proj ects, not by the taxpayers. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: (CSE154750 ) I I I PAGE 7 REGUIAR MEETING - DECEMBER 14, 1987 VOLUME 23 A. SIMUTIS MJVED TO APPROVE A $16,000 BONUS FOR MARINE MARKEI'ING DIRECTOR CHRIS GATES; THE IDTION WAS SECONDED BY HILTON. 0' Brien noted that Gates' contract required that some "material accomplishrrents" nust be shown in order to qualify for the bonus. He asked for a report or list of these accanplish- rrents. Gieseler stated that serre of the things Gates is cur- rently working on cannot yet be publicly discussed. Gates noted that he had developed a strategic marketing plan and work plan which had been given to the city manager last ApriL He stated that he had been making !lOnthl y reports to the Trade Board of his progress. O'Brien stated that he had a problem with the way the contract was written, adding that when the city hires a professional, that person should be paid an adequate salary and should not work on a bonus basis. Sirmltis explained that the $3,000 !lOnthly salary in the original contract was not adequate for a person of Gates' capabilities, and suggested that the $16,000 was a "salary adjustment", not a bonus. Garzini stated that Gates had initially asked for a salary of $52,000 annually. However, after a rreeting with r-Eehan and others, he had suggest- ed that, in order to prove his worth to the city, the Council agree to pay him $3,000 per !lOnth with a provision to adjust his salary with the $16,000 bonus at the end of the contract period if the Council felt that his work rrerited the salary adjustment. Noll added that Gates had ganbled that the city ~uld be satisfied with his perfo:rmance and would compensate him at then end of his contract. Dunham suggested that one year was not a realistic time to see results from a marketing campaign. THE QUESTION WAS CALLED AND THE MOrION TO APPROVE THE $16,000 l3CNJS CARRIED UNANThUUSLY. MEEHAN M)VED TO EXTEND GATES' CONTRACT FOR ONE YEAR FOR A 'IDI'AL ANNUAL SALARY OF $52,000; THE MOI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANThUUSLY. B. GIESELER NOMINATED CAROLE JAFFA TO SERVE AS 'IDE CITY'S REPRESENTATIVE TO THE KENAI PENINSUlA BOROUGH RESOURCE DEVELOPMENT CCMMISSION. THERE WAS NO OBJECTION FRCM THE COUN- CIL. 7 INDUS.DEV. (Port)/ CON-201: Gates given $16,000 bonus INDUS.DEV. (Port)/ CON-201: Gates contract extended one add. year KPB (RDC): C.Jaffa appointed C. 0' Brien stated that the city has talked for sorre PARKS & REC DEPT: time about having a bike path fran doontoon to the schooL He (Bike Path) suggested that the city "piecerreal" the project, starting with the Iditarod Trailhead and going through the Greenbelt. He stated that a border of 2-foot boulders could be laid out along the waterfront by the Public Vbrks Department when the enployees have the time and that the path could be paved a little bit at a time whenever the city has pavers in town doing other ~rk. He stated that the boulders would preserve the beachfront for bikers and pedestrians and would create a physical barrier to keep cars from the water's edge. r-Eehan suggested that the Iditarod Trail Blazers be involved in this project. Garzini (CSE154751 ) 8 PAGE 8 REGUIAR MEETING - DECEMBER 14, 1987 VOLUME 23 stated that he ~uld have Kerry Martin and Paul Diener care up with a plan to establish the route. 0' Brien asked that the project not get "bogged doon in studies and needless engineering". Since there was no objection from the Council, Gieseler appointed O'Brien to work with the administration to get the project !lOving. PRISON (Inspection) / D. SIMUTIS MJVED TO AUTHORIZE THE CITY MANAGER TO CON-264: Contract AWARD A PROFESSIONAL SERVICES CONTRACI' TO DEMERS ASSOCIATES, for inspection INC., TO ANALYZE THE SPRING CREEK CORREX:TIONAL CENTER FOR AN of Fire Supprsn AMJUNT Nor TO EXCEED $9,500; THE MOrION WAS SECONDED BY O'BRIEN. System) 0' Brien questioned having to hire inspectors to "inspect our inspectors". Diener explained that the fire detection system designed into the prison had passed initial inspections. Since that time, hoYJever, there have been fires in other Alaska prisons using the sarre system and the system in those cases had failed. 'Iherefore, DEMERS ~uld be asked to review the design and determine if it will function as it is supposed to. THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANI- M)USLY. XII. CITY MANAGER REPORI'S: DIENER presented a construction status report to the Council and briefly outlined projects underway or about to be started. He also presented a prison construction update, reporting that the prison is noo 99% corrplete. XIII. COUNCIL DISCUSSION: MEEHAN wished Garzini well in his new position with the Municipality of Anchorage, stating that he was glad that he had had the opportunity of working with him. DUNHAM concurred, stating that "a lot of what we have in the corrmunity is because of Ron". She also reported that she had participated in a tour of the Prison with Prison Task Force representatives and several legislators from Juneau. O'BRIEN asked that the city clear the snoo left in the middle of the two 3-way intersections on Dairy Hill. He stated that they represented traffic hazards. He also noted the recent Powers/Jackson suit in Fairbanks and stated that he was con- cerned about possible liability to the city. Garzini stated that he would have Arvidson investigate this. GIESELER turned the floor over to Senator Kerttula. KERITUIA wished Ron well in his new job. He noted that the Senior Property Tax Exemption had been vetoed by the Governor this year but was ove:5"ridden by the Legislature. He stated that the Legislature had also overruled the Governor on his veto of ( CSE154752 ) I I I " ~:1 PAGE 9 REGUIAR MEETING - DECEMBER 14, 1987 VOLUME 23 the school debt retirerrent. He noted that he had written a bill for introduction this session which would provide school debt retirerrent at 100% of what the state was funding when the bonds were sold. Kerttula also promised to help in any way he could to assist in hospital construction funding. GIESELER thanked the Senator for his ccmrents and wished him luck in the ccrning session. He also thanked Dawson for his hard ~rk on behalf of the city. Gieseler asked the administration to put together a conmunity awareness program concerning earthquake preparedness. (Kerttula suggested that the city contact Palrrer Mayor Carte. ) Finally, Gieseler noted that the city ~uld be hosting a "going away party" for Garzini on January 9, 1988. XIV. CITIZENS' DISCUSSION: PAT WILLIAMS, 604 Sixth Avenue, asked the city to call a public rreeting with the Alaska Railroad concerning its plans to spray herbicides along the rail path this SUITID2r. She suggested that there should be a better way, one that ~uld not endanger wildlife and children. WILLARD DUNHAM, Forest Acres, Chairrran of the Seward Trade and Corrrrerce Advisory Board, stated that the Trade Board had rret in a worksession to discuss Seward's economic future. He noted that the Trade Board ~uld be focussing its attentions on the planned inproverrents to IMS, including the Fourth Avenue Dock which was to be a joint effort between the University, the Ferry System (oor/PF) and the city (cruise ships). The Trade Board also suggested that the city develop a flood control plan which would address high water problems with Jap Creek and Lowell Canyon. The Trade Board also suggested that the Council look for sorreone of Garzini' s caliber to be his replacerrent so that the new administration could "keep the rrarentum going" . Tn closing, Dunham stated that the Prison Task Force ~uld be rreeting jointly with the Rotary Club on Friday at Noon at the Elks Club to plan the prison dedication cererrony scheduled to take place in February. JOHN GlASSER, 405 Fourth Avenue, stated that the city needs to take a deeper interest in the problems of drugs and alcohol aIIOng young people. He stated that a recent Ireeting at the high school to address this problem had been well attended. He suggested that the city use its "drug-sniffing dog" to check for drugs in the schools. Glasser also suggested that the Teen Center Director was not reporting substance abusers who showed up on premises as she should. XV. COUNCIL AND ADMIN. RESPONSE TO CITIZENS' COMMENTS: 0' BRIEN stated that he had attended the high school rreeting. He suggested that the city administration direct the Police Department to increase enforcerrent efforts. r CSiE154753 1 10 PAGE 10 REGllIAR MEETING - DECEMBER 14, 1987 VOLUME 23 GARZINI stated that if the schools invited the Police Departrrent to carre onto school grounds to investigate for drugs, the city would be happy to cooperate. He noted, however, that the Police have no discretionary powers concerning prosecution if a crime is observed. That pooer is reserved for the District Attorney's Office. Garzini stated that he is proud of the job the Teen Center Director is doing and suggested that the biggest problem the city has involves adults who willfully contribute to the delinquency of minors. XVI. ADJOURNMENl': The rreeting was adjourned at 9:58 p.m., and after a short recess, the Council reconvened in Executive Session to discuss a personnel matter. ~4 0,;;, . ~:~ Cl . ~, ~ , \o..f.' .~'2:q"': ~:~":l' ~~!:,;,~~~~~..~,. -----~' , ------------------------------------------------------ PAGE 10 REX;ULAR MEEI'ING - JANUARY 11, 1988 VOLUME 23 I. CALL TO ORDER: The January 11, 1988, 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 Noll led the pledge of allegiance to the flag. III. ROLL CALL: Present were': Mayor Gieseler and Councilrrembers Dun- ham, Hilton, Meehan, Noll, O'Brien and Si1m1tis Present also: City Manager Schaeferrreyer, City Attor- ( CSE1547.54 1