HomeMy WebLinkAbout1987 City Council Minutes
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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.
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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;
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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;
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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)
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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. )
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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
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DOCKS & HARBORS:
(Auth. to pro-
ceed w/RFP for
design/build of
multi-use dock
at SMIC)
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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
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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.
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Harry Gieseler
Mayor
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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)].
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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;
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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;
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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.
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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
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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
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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
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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
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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
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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.
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I
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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.
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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
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----------------------------------------------------------------
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
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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
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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.
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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
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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:/
. "',>., , " '", ,>
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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.
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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.)
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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:
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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.
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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
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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:
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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:
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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:
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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)
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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.
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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
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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.
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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
....'....
" .
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"
.....').~
I
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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
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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
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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.
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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
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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.
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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
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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
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<;
-. [...
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.
.- .,-,
.
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. ~f.~~' -~: t~'~; 1, ~~~?<. . \'" /1
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r :(;'~)....:" \.,r ,..... - _ \
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----------------------------------------------------------------
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;
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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
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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 .
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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.
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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
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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:
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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.
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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.)
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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:
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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)
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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.
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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.
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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.
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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.
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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:
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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:
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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)
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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
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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.
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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
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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.
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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
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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.
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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
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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)
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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
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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
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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.
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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
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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;.
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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 ~~~.
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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;
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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
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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.
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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".
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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
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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
...,. ~ ,"'...
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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
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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.
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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
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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 ,. ,- [' .
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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;
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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;
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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
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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
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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)
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----------------------------------------------------------------
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
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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:
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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.
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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.
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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.
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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.
>.
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H E. Gieseler
or
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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;
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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
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CSE1S4746
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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
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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 )
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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 )
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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