Loading...
HomeMy WebLinkAbout1959 City Council Minutes r. .1 f ~. .L. SEWARD, ALA::xA Special Meeting, March 4, 1959 ~ ::t: ..... "oJ ::> ~ A special meeting of the City Council was called to order at 7:35 PM by Mayor Stockton. Present were Clron. Hodson, Kulin, Knight, Lowell. Also . present were City Manager Bordwell and City Attorney Buckalew. Absent were Clron. Johnson and Leirer. The Mayor stat ed the purpose of this special meeting tonight is tba presentat.ion of the City General Code by the City Attorney and other legal matters; the proposed Resoluti on 128 in regards to the school bus and the use of the basement of the Civic Center for Civil Defense. The Mayor went on to say that the City Attorney is present tonight and has presented the City Gene ral Code to each oouncilma n a n:i wi 11 mke any explanations that might be necessary. The City Attorney stated tret he feels that the City cE Seward has here a very good code; it has an index, is divided into secti ons, and is a combination of Ordinances passed by the City whid:l have been edited for legal sufficiency and he would su:Jgest that each councilmn examine the code very carefully and study it before it is appr- oved by the Council. The Mayor explained at this time that the Council had author- ized that this be done, last year, as it had been felt for a long time that we need- ed an up to date file of ordinances which would be readily available for both the Counoilmen and the general public's perusal. The City Manager then reported that our agreement with the City Attorney called for $1500.00 legal fees, and the necess- ary cost of eecretarial work and printirq with a total figure of $3000.00 estimted. He tban read the City Attorney's bill for this Gereral Code, with attorney's fees, $1500.00, secretarial services $937.00 and expenses (paper, steoci Is, ribbons, etc.) $129.23, for a total of $2566.23. City Manager went on to say that he is particu- larly pleased with the annotations in tba Code with so many case laws cited. Clm. Knight made the stateme nt that he thin<<s that if t his is adopted, it wi 11 be one of tba most 00 nstructi ve things that this Counci 1 wi 11 accomplish, as he feels that this such a needed thirq. The question was asked by Clm. Kulin, who will be re- sponsible for keeping the Code up to date wi th charges and amendments that might be made. The City Attorney suggested that if he could be notified of charqes he wi 11 have stencils nade and mimeographed and send copies down to be inserted in the books. He went on to say that he hoped he could ha ve a copy of the Code for use in gi ving legal opinions and he suggested who he felt should be gi Ten copie s of the code. elm. Knight made the moti on HLmove that the bill from Mr. Buckalew in thfl "mnunt of 12,566.23 for codification of the City Ordinances be awrowd for. p"y.....nt.. Seconded by Clm. Lewell. Clm. Hodson, Knight, Kulin and Lowell voted ye s. Motion carried. The Mayor suggested th:i t the Counci lmen would want to tab! the Codes and give them some thought and study before it is adopted. Clm. Hodson called the Mayor's attention to the fact that the matter of the Halibut: Producer's Sub-lease had been referred to the City Attorney. City Attorney stated that he will have a legal opinion on this before the Council within a day or two. City Manager stated that other legal matters had been I:eferred to the City Attorney also. City Attorney said he will ,send these down very soon and that .he has a state- ment prepared to be signed wi th regards to the Pacificus case. The Mayor stated that now, while talkirq about legal matters, that the motion that was passed by the Counci 1 at the last Mon:iay's regular meeting with regards to holdi ng a special meet- irq for a vote of the people with reference to abolishing i;he City Manager type of government, seems to be out cE order. He then read from Sections 16-3-5 and 16-3-3 of ACLA 1949 wherein the statutes call for petition from 25~ of qualified electors before a special election can be held. He is bring! rq it up tonight as a matter of order so that you Counoilmen can 'explain to the people, and at the next regular meeting corrective action can be taken, and if the people still desire to act on this, they will have to comply with Alaska laws ani present a petition before the Council. The City Attorney concurred 'with this statement. The Council then turned to the next item which was proposed Resoluti on #128, whi ch concerns the school ws financirq. City Manager then read the proposed Resolution #128. The Mayor asked the City Manager if he had found anything more about the ins- urance problems on the bus that were discussed at the last regular l\I!letirg? City Manager reported that he had discussed this with Mr. Fabricius today and he states that the school system is not taking ti tIe of this bus until it arri ves here and the entire responsibility lies with the vendor. Mr. Fabricius, who was present, spoke briefly and stated that only 1 bid had been received on this bid, and it had been sent to the Department of Educ2tion for approval, and they have approved the bid. Mr. Chester B~own, representing Win Ervin Motors, the vendor of this bus, r 45 SDolARD, AlASKA Special Meeting, March 4, 1959 spoke briefly regarding this situation. The Councilmen were all satisfied that th! insurance problem was ttken care of. Clm. Knight then made the motion "I move that th~n rules be susperded for considerat ion of ResolutioLil28_". Seconded by Clm. Lowell. Clmn. Hodson, :Knight, Kulin ard Lowell voted yes. Motion carried. Clm. :Knight Usn made the motion ~~at we Adopt Resolution #128." Secorded by Clm. Kulin. Clmn. Hodson, Kniqht, KuHn and Lowell voted yes. Motion carried. Mr. James Watts, who had just come in, asked if he could say something and he wanted to be sure that his statements at the last regular meeting were not interpreted that he is against the City Manager form of government and he hoped the City could cont- inue with the City Manager Plan under an acting Ci ty Manager durin;r the interim period. The Council then turned to the next item which was the request of Civil Defense for the use of the basement in the Civic Center as operational headquarters. Clm. Lowell reported that he had not had opportunity to discuss this yet with the Firemen and as they are meeting right now, he asked the Council's permission to recess for a short time in order tha t he might discuss this wi th them. The Council concurred and re- cessed at 8 :40 PM. Clm. Johnson arrived at 9:30 PM. The Council reconvened at 9:30 PM. Clm. Lowell reported on -his discussion with the Fireman and discussion followed his report. There were statements made by Mr. Gene Breitenbach and Mr. Ray Gillespie regarding the children using the rifle ran;re in the basement. Suggestions were also made regarding other buildings that possibly could be used by Civil Defense, one of them bein;r the Federal Buildirg which is partially vacant. With no decision being reached, Clm. Lowell was agreeable to lettin;r this matter be held in abeyance until a later date. There being no further business, the meeting was adjourned at 10:05 PM. RESJLUTION No. 128 WHEREAS the City of Seward School tlystem requi res an addi ti anal school bus for the transportat ion of pupils and, WHEREAS there are insufficient funds in the Seward School System school bus depre- cia tion accoonts am, WHEREAS the expendi ture of the required sum of money to acqui re such a school ws ,'was unanticipated in the current General Fund budget of the City of Seward ard, WHEREAS there are insuffici ent funds for the purpose. in ei ther the Sales Tax or General Fund accounts of the City of Seward and, WREREAS it appears tha t as a conditi on precedent to deli very the full cost of t}e school bus in the sum of $6595.75 must be paid to the manufacturer by the vendor, ard, WHEREAS it appears tha t the a~isi tio n of such school bus must of necess i ty be financed by deferred P'iyment method NOll, THEREFCEE BE IT RESOLVED, anci it is }e reby resolved, that t he Mayor, Perry R. stoclctOl\ Jr., and the City Clerk, Gene Snyder be, and they are hereby authorized and instructed to borrow the required sum of $6.595.75 from the First National Bank of Anchorage and to execut e a promis sory note, as off icers of the City of Seward. in favor of said bank in the principal sum of six thousand five hundred ninety five and seventy five one hurdredths dollars ($6.595.75) bearing interest thereon at legal rates and payable as follows: Monthly payments of $500.00 plus accrued interest beginnin;r on the fifth day of April 1959 and continuing monthly throogh the fifth day of August 1959. A final payment of $4,095.75 plus accrued interest on the fifth day of Septenber, 1959. Said promissory note to be so conditioned as to permit accelerated payment on the principal balance on any principal payment due date. BE IT FUR'lHER RESOLVED, and it is hereby further resolved that the full faith ard credit of the City of Seward is hereby pledged as security for the repayment of the sums r 46 S1WARD, ALASKA Special Meeting, March 4, 1959 (Con't.) 0000) ::0 () :t;. =- borrowed under said promissory note Which is hereby declared to be a lien upon the general property tax revenues of the City of Seward for the fiscal year 1958-59. . AN EMERGENCY IS HEREBY, DECLA.RED TO EXIST and the rules governiIl;1 the passage of ordinances and resolutions is hereby suspended and this resolution shall take effect inrnec1iately. upon it 5 passage and approval. Passed arrl approved this fourth day of March 1959. SEAL A'ITEsr: /s/ Perry R. stockton Jr.. Perry R. stockton Jr., Mayor Is/ Gene Snyder Gene Snyder, City Clen:: I certify that the foregoing is a true and correct copy of Resolution No. 128, passed by the City Council of the City of Seward on the fourth day of March, 1959. / s/ Gene Snyder Gene Snyder, City Clerk APPROV ED : r? -;;1 ~~ .-.::; -I) /.i-" ' A';~::I 'to": / Perry;i. Stockton Jr. ,/ ycr AT!' E:;>T: 1/ " .i-(~ ix' (() 1,-,,,-/' Acti ng City Cle rk ---------.------------------------------------------------------------------------- SEWARD, JUASlCA Regular Meeting, March 16, 1959 The regular meeting of the City Council was called to order by Mayor stockton at 8:00 PM. Present were Clmn. Hodson, Johnson, J:ulin, Lowell and Leirer. Absent was Clm. J:night. Also present was City Manager Bordwell. Minutes of the regular meetiIl;1 of March 2, 1959 were read and approved as read. Minutes of special meeting of March 4, 1959 were read and approved as read. There were no people present who wished to speak. The Council then turned to the first item of Old Business which was Insurance Awards and the first item bein:;r Fire Insurance, Seward Grade School. City Manager then opened each bid, the coverage called for was $10,000 fire isurance and $15,000.00 , equipment, including books. The three agents, Mrs. Williams, Mr. Smith and Mr. West submitted identical bids for a total premium of $573.50 for three years. Discussion followed about the best way to award this bid. It was decided that the award would be Dade by drawing of lots and Mrs. Pat tJill iams was awarded the insurance. The next insurance i tern was Employees Honesty Blanket Position Bond. City Manager reported that we have received two bids and proceeded to open them. The fint was fram Smith Insurance Co., for $66.29 for 1 year for $2500.00 coverage, and bid No. 2 for $91.23 for 1 year for $5000.00 coverage. Mr. West's bid was then opened with a premium of $73.00 for 1 year for $2500.00 coveragge ,and $98.41 for 1 year for $5000.00 coverage. Since Mr. Weat has offered the lowest bid, the City Manager recoomended that the bid be made to Mr. Smith and trat the motion also instruct what the coverage should be. Clm. Hooson then made the motion '"I make a motion that we accept Mr. Smith's bid for the amount of $5000.00 coverage for the bid premium of $91.23.H Secorrled by Clm. Johnson. Clmn. Hooson, Johnson, J:ulin, Leirer and Lowell voted yes. Motion carried. ~ 47 S1WARD, ALA3:A Regular Meeting, March 16, 1959 (Con't.l The Council then turned to the next item whi ch was the Matter of A wroval of Sub- Lease between Seward Fish and Cold storage and Halibut Produc~rs. City Manager read the letter from the City Attorney regarding the Sub-lease and agreement wherein the City Attorney atated that Paragraph #4 would be out of the question and the other items looked alright to the City Attorney. City Manager stated that as he interprets thi s letter the Cit y Attorney is against our turning over the Option to Hallhlt Producers in the event that Seward Fish & Cold Storage should default in their lease. We could agree to recognize Halibut Producers and we would want to see them continue on the same tenns. The Mayor asked for comnents from the Council- men regarding this. The question was asked if City Manager had discussed this with P.alibut Produc ers and the answe.r was no as he did not know what way the Counci I would want to go. The Agreell8nt was read in its entirety by the Secretary. Discus- sion followed on this point. The City Manager made the reconmendati on that we agree to the Agreement with the exception of Paragraph #4 and in lieu of this clause we can state that we will honor their position and protect them, but we will negotiate. Clm. Lowell asked about the conditions set in the basic lease regarding the net profits, and City Manager stated that the City Attorney covered tha t in his letter a,nd this is a point tha t Seward Fish & Cold Storage is go ing to re ve to get together with us on. Clm. Hodson then made the motion "I make a motion that the Mayor be authorized to enter into agreement to awrove, the Agreement to Sub-lease between Seward Fish and Cold Storage and Halibut P raiucers Coop. with the exception of Paragraph #4 and substitute therefore a clause wherein we protect Ueir rights aOO interests, in Ue case of default of Seward Fish and Cold Storage, providing that the Halibut. Producers Coop. are still actively engaged in business on those premises." SecoOOed by Clm, Johnson. Clmn. Hodson, Johnson, Kulin, Leirer aOO Lcwell voted yes. Motion carried. The Mayor then brought up another item that was omitted from the Agenda. and that was the adopting of the City General Code. City Manager stated that he had not put this on the agenda since he did not knew if the Counci lmen had had enough owortuni ty to look it over and act on it at this time. Clm. Kulin brought up the item of the Sales Tax Ordinance as it pertains to rental units and stated that it seems to be conflic- ting. City Marager reported that existi ng Ordinarx:e 267 is ambiguous on the point of rentals aOO on self contained units. This was discussed. It was the consensus of the Councilmen that the ITa tter of a dopti ng the Caie be tabled for the tine aOO that a special ll\?eting be called for the purpose of discussing and adopting the Caie. The Mayor brought up another item of Old Business and that was corrective action should be taken on the motion that was passed at the last reguollar meetiRJ with regards to calliRJ for a special election regarding the City Manager form of go vernment. The Mayor then read a letter from the City Attorney regarding Sec. 16-3-2 and 16-3-5 of ACLA 1949, and his opinion of the statute. City Manager took exception to Counsel's position that we are at this point in indefinite status and that we are not without law, as he felt that the Constitution definitely provides that present laws continue until such 'time as we have new laws to supercede them. Discussion followed on this point. The Mayor brought out the point at this time that the City Manager has stated his intent to leave scon aOO the City has to decide where it staOOs aOO IMke plans. Clm. LCliIiell then moved "I make a motion that the motion IMde at the meeting of March 2, 1959, with regards to callirg a special election for detennination of City Manager and/or Mayor-Council form of government, be rescinded due to its conflicting with Territorial Law." Seconded by Clm. Kulin. Clmn. Hodson, Johnson, Kulin, Leirer and Lcwell voted yes. Moti on carried. The Mayor then brought up the point that all the applications for City Manager position have .been tabled and we are going to have a prohl em facing us before petitions or anything comes up. Mr. Janes Watts then asked for a moment to speak. He stated that the longer any action is delayed, the more strength you give to the opposition. It seems to lie, he went on, that action necessary now is that that will take care of the inmediate situation with the idea of getting a permanent Ci ty Manager for the future. I do bel ieve you have to play it very close. Clm. Lowell made the statement tha t he did not see what el se we can do as he is certain tha t we wi 11 get a peti ti on. The statement was made that we have to positi ons to fill at this time, that of City Clerk and City Manager. Clm. Kulin asked if there had been any awlications for City Clerk's jab. City Manager stated that he red appointed himself City Clerk-Assessor and if the Mayor would come in and swear him in. Clm. Kulin then asked the City Mancger if it was not correct that he intended leaviRJ about April 1st and stated that he didn't think that was too satisfactory an arrargements since it was for such a short period. Clm. Kulin then suggested that if the Councilmen were willing perhaps they could have an executive session after the business is taken care of tonight, to di scuss personnel matters. 48 SEl-fARD, ALASKA , I Regular Meeting, March 16, 1959 (Con't.) , Clm. Lowell brought up anothe r item of old rosi ness regarding an agreement made by the H & T Minirg Co. and felt that this matter should be looked into am taken up at the next regular meetirq. There beirq no further old business the Council then turned to the first item of New Business which was the Planning am Zoning Commission, item 1, Proposal to cnilnge certai n street name s. Cit y Manager read the letter from t he Zoning & Planning Conmission which outl ined tha t there were two sets of streets in the City named "A", "B", "C", & "0", one in the Federal Addition arrl one in Bayview Addi tion. They proposed to change the streets in tre Bayview Ad::iiti on from A to Aialik; B to Barwell, C to Caines and 0 to Day. Also suggested that Dairy Hill revert to its original nane of Chamberlin in honor of our first Mayor. The Mayor then asked is there any action the Council would like to take on this suggestion? Clm. Lowell "1 move that we accept the City Plannirg am Zoning Conmi ssion recolllllerdati on to charge the names of the streets in Bayview Addition as follows: "A" street to Aialik; "B" to Barwell, "c" to Caines and "D" to Day, and also revert Dairy Hill back to its original name of Chamberlin and to, thank them for that reconunendation." Secorded by Clm. Leirer. Clmn. Hodson, Johnson, KuHn, Leirer ani Lowell voted yes. Motion carried. City Manager was. instructed to draw up the. necessary Resoluti on. Item 200f the Planning and Zonirg Commission was the proposal that the City re- acquire Lots 12 and 13, Block 15, Original Town, previously conveyed to U. S. of Alrerica. City l'lanager explained that these are lots on corner of 4th Ave. and Church street. He then read the letter from the Planning & Zoning COlllllissi on stat ing that too se twl lot s were bought from the Ci ty by the. Forest Service in 1936 for $100.00 e..tt and evidentl y they have changed their mindll'~', . t us irg them and the city was asked to try to buy these lots back from the . st Service. Clm. Johnson made a motion "1 move that we try to reacquire these '1 , from the Forest Service for the same price of $100.00 8IMIlt-." Secomed by Clm'. Hodson. Clmn. Hodson, Johnson, KuHn, Leirer and Lowell voted yes. Motion carried. The next item was Item 3 under Planning and Zoning Commission: suggestion that the area west of Lowell Canyon Dam Area be. conveyed to the City of Seward. City Mamger read a letter from the Planning & Zonirg Commission with regards to this item. The letter requested that illlllediate action be taken to acquire from the proper deparbnent of State Lands, the area lying at the base of the Lowell Canyon Dam which would be west of the R. J. Stanton property, and such addit ional land west of the dam as may be. needed to protect the area from pri- vate entry. It is the thought of the COlllllission that this is a desirable place for development of a park, am plans are being made to incorporate it in the overall plan now bei rq designed far, the City of Seward. Clm. Johnson al so made the suggestion that at the same time the land by the Lagoon that is now under a Special Use Permit, be asked for. City Manager was instructed to write the necessary letter to acquire these areas. City Manager reported on an item omitted from the Agenda which was regardin;r Petrolane, and he then read a portion of the minutes of the Planning & Zonirg Commission with regards to their views of releasing a portion of Railroad Ave. to Petrolane Co. Discussion followed on this. Mayor stated that he was meet- ing with Coastwise officials and representatives from Petrolane on Wednesday of this week and wi 11 bring up th3 points that were expressed by the Clmn. The rnxt item was the Request of Seward Broadcastirq Corp. - for deletion of reverter clause in deed. City Manager then read the letter from Seward Broad- castirg Corp., which also enclosed a proposed Resolution rescinding the rever- ter clause in the deed. Clm. Kulin asked to be excused from discussion and voting on this matter as he has an interest in the corporation. Discussion followed on the request. Clm. Leirer made the motion "1 move that the request of Seward Broadcasting Corp. for deletion of the reverter clause in the deed be rej ected." Seconded by Clm. Hcxison. Clm. Kulin had asked to be excused from votirq. Clmn. Hodson, Johnson, LeIrer and Lowell voted yes. Motion carried. City Manager was then instructed to answer Mr. Baumgartner's letter as suggested. The next item was the request for approval of transfer of liquor license from Flamirqo, located on Adams street to Flamingo doing business in the Nobby Club location on 4th Ave. City Manager then read the letter froin the attorney of the owners of the Flamingo, the Eitels. Clm. Johnson then moved "I make a motion that we approve the transfer of a liquor license for the Flamingo, from the location of Adams St. to 4th Ave." Seconded by Clm. Leirer. Clmn. Hodson, Johnson, Kulin, Leirer and Lowell voted yes. Motion carried. r 4:-r SEWARD, ALASKA Regular Meeting, March 16, 1959 (Con't.) City Manager then brought up another item not on the agenda, for information, and it was the Police t'roposal llBde recently by Mr. Robinson am he stated that we now have the proposal in writing with a sketch of suggested charqes in jail reilding. City Manager passed around the proposal and sketch for the Clmn. to review if they 50 desire. It was stated that no action would be taken on this proposal at this time, but will be discussed later at budget time. The Clmn. then turned to the review of bills for payment. The first question was asked about the payment of the bom for Gene Snyder which was dated Feb. 28th am he left March 13th. the answer was made that this would be paid and then rebated to the City. Also, another question was asked how many fire hydrants do we have in the City limits and the answer was 43. Discussion followed about people that have not paid their Sales Tax to the City and the fact that it is money collected that is proplrly due the City and tl-e strong feeling was expressed that efforts should be llBde to get these collections in. Clm. Lowell made the motion "I move that we pay all bills except to those who are delinquent in their Sales Tax to the City. " Seconded by Clm. Johnson. Clmn. Hcxison, Johnson, !Culin am Lowell voted yes. Clmn. Leirer voted no. Moti on carried. The suggestion was made that these people should be notified as to why their bills are not paid. The motion was made by Clm. Johnson "I make a motion that the three bills that were withheld for payment, in the event that we have any success in getting them paid, that the accountant be authorized to pay them." Seconded by Clm. Lowell. Clmn. Hodson, Johnson, !Culin, Leirer and Lowell voted yes. Motion carried. (Bills listed below) The last item on the agenda was brought up next, which was the Proposed Resolution to authoriz~e ignatures by City Manager and the City Treasurer for all checks drawn on the Cit y Seward account s. Thi s was di scussed am City Man ager reported tha t he did not 'e a Resolution drawn up. The matter was tabled until personnel matters cou be settled. Clm. Lowell brought up the !latter about having a blanket insurance policy for all the policies of the City and this was discussed. It was the consensus of the Counci 1 that the three agents in town should be notified again to submi t their proposals for blanket fire insurance for the City. There being no further business the meeting adjourned at 11:00 PM and the Council then went into executi ve session. Bills approved were as follows: Yukon Equipment Co. $5.40; Pat Williams 132.73; Watsjold Fuel 228.67; Wollensak Optica} Co. 15.25; Watsjold Grocery 1.22; Pat Williams 368.15; Seward Water System 495.00; Seward Hardware 7.95; Seward Plumbirq & Heating 14.45; Seward Tradirq, 5.33; Standard Oil Co. 166.74; Seward Public Utilities 927.20; Seward Elec. System 101.10; Superior Coach 55.20; Osbo's Electric 7.60; National Auto Dealers Used Car Guide 8.00; Northern Commercial Co. 200.19; Mac's Foto Service 24.39; Hoyt's Motor 138.06; Harold Hor ton 11.00; Commercial Stationers 12.99; Color Art Printing 18.50 & 153.45; Carrington Co. 8.70; Bay City Motors 11.70; Anchorage Times Publishing 8.50; Alaska Communication System 35.25; Alaska Telephone Corp. 54.55; Pat Williams 25.00 and Andy's Oil Delivery 483.38 for a total of $3,725.65. APPROVED: ATTEST: c2ny Q A/cAi / Perry R. stock:bon, Jr., Mayor! I I ~l/ . Ii /( JLD i- .( Acting City Cle rk 7-J: ---------------------------------------------------------------------------------------- SEWARD, ALASKA Special Meeting, March 23, 1959 The special meeting of the City Council was called to order at 8:00 PM by Mayor Stockton. Present were Clmn. Johnson, !Culin, Leirer and Lowell. City Manager Bordwell also present. Absent were Clmn. Hodson and !Cnight. The Mayor stated that the purpose of this special meeting tonight is to fill the appointment of a vacancy of City Manager and the possible adoption of Resolution r 50 Sl}JARD, ALASKA Special Meeting, March 23, 1959 (Con't.) .....ll :.t "" .- l> :. authorizing signatures on city checks. The Mayor stated that we have two vacan- cies now, that of City Manager and City Clerk, and that normally it is the City Manager who appoints the City Clerk, however when both of these vacancies occur at the same time it is proper for the Counci 1 to s\XJgest and approve the appoint- ment. The Mayor asked the Councilmen, how best do you feel the position of City Manager can be filled, which becomes vacant April 1st? Clm. Johnson remarked that we don't have time to get a City Manager right at the present time and I feel that we should appoint a temporary City Manager until we can get something done and also appoint a temporary City Clerk and I suggest that we appoint Mr. Headrick as temporary City Manager and Vi Fish as Actirg City Clerk at the same salary, providing that both will accept the positions. Clm. Leirer sta ted I feel that this is the only thing we can do at this particular time under these circumstances. We do not want to get somebody unfamiliar with the City Offices to fill the vacancies at this time. The Mayor stated that there is a petition beirg circulated and it may, or maY notbe legal and there arises the possibility of calling for a special election to fulfil the purpose of the petition. The Mayor also asked, are there any other suggestions or rrethods of handlirg, this si tuat ion? Clm. KuHn asked the questi on, if we appoint Mrs. Fi sh as A.ctirg City Clerk, will she also assume her present duties, and Mr. Headrick, will he also assUIO!! his present duties of Chief Accountant? The answer was yes, there will be no inc rea se in the present staff, unti 1 we know exactly whe re we stand. The point was brought out that working it this W9-Y would save approximately $15,000.00 per year, although it was not certain at this time if this could be worked out permanently or not, this would remain to be seen. The Mayor UJ'!n asked Mr. Headrick if it would be agreeable to him to work it this way with Mrs. Fish as Acting City Clerk? Mr. Headrick stated that he felt that it would work out. Mrs. Fish was then asked if this WiS agreeable to her and she answered, that if it was all right with the Councilmen, it wa~ certainly all right with her. Clm. Johnson then made the motion HI make a motion that we appoint Mr. Headrick as Acting City Manager and Vi Fish as Acting City Clerk to take effect the first of April"H Secorded by Clm. Lowell. Clmn. Johnson, Kulin, Leirer ard Lowell voted yes. Motion carried. The Mayor stated that the next item is a Resolution which was presented at the last meeCiirg but was not acted upon, which is the Resolution Authorizirg sig- natures on City Checks. City Manager explained that since Mr. Snyder had left it was necessary to adopt a Resolution to present to the Bank for the author- ized signatures of city checks. At this point it would be well if the Council were to determine if for the balance of this month they want the City Manager's signature as City Manager and City Clerk, or whether theywant some other com- bination of signatures. The question was then asked if we pass this Resolu- tion now, wi 11 another one :be necessary Apri lIst. The answer was ye s. Dis- cussion followed on signatures necessary. City Manager Ilade the reconmerdation that Mr. Fred Kielcheski's signature as City Treasurer, and William F. Bordwell as City Manager and William F, Bordwell as City Clerk be written into the Resolution. He then proceeded to read proposed Resolution #129. Clm. Johnson HI make a motion that we suspend the rule for possible alioption of Resolution #129.H Seconded by Clm. Leirer. Clmn. J9hnson, Kulin, Leirer and Lowell voted yes. Moti on carried. Clm. Leirer HI move tha t Resolution #129 be adopted as read.H Secorded by Clm. Johnson. Clmn. Johnson, Kulin, Letrer and Lowell voted yes. Motion carried. RE..9JLUTI ON NO. 129 WHEREAS expenditures from various City of Seward funds are presently authorized by the City Council throughvarrants drawn upon the First National Bank of Anchorage, Seward Branch, and Whereas there has been a charge in the office of the City Clerk of the City of Seward arrl, Whereas it has become necessary that the First National Bank of Anchorage, Seward Branch be instructed and authorized to honor City of Seward warrants, contain certain signatures NOll, THEREFORE BE IT RESJLVED, and it is hereby resolved, that the First National Bank of Anchorage, Seward Branch, be, and it is hereby instructed to honor the signatures of Wm. F. Bordwell as City Manager, Wm. F. Bordwell as City CIeri:: and Fred Kielcheski as City Treasurer effective March 23, 1959 for all warrants drawn upon the City of Seward, General Fund, and Sales Tax Fund Account s of t he City of Seward. r 51 SE'tlAtm, ALASKA Special Meeting, Marcn 23, 1959 (Con't.) Resolution No. 129 (Continood) AN EMERGENCY IS HEREBY DECLARED TO EXIST and tle rules governing the passage of ordinances and resolutions are hereby suspended and this resolution is given immediate effect upon its passage and approval. Passed and approved this 23rd day of March, 1959. / s/ Perry R. Stockton, Jr. Perry R. Stockton, Jr., Mayor ATTEST: Is/ Wm. F. Bordwell Wm. F. Bordwell City Clerk Ci ty Manager then stated tJ:at he has a nunber of items to add to the agenda with the Council's approval. The first item is that sormtime ago we awarded the bid for a TL-16, rubber tired loader and we were to hard the Yukon Equipment $7000.00 on delivery, and the balance of approximately $7000.00 on or before August IS, 1959. The TL-16 l1as been delivered today, with the exception of a windshield wiper and a snow bucket, which items were back-ordered arri should be here in about 4 weeks. We are unable to draw our check for lack of proper signatures. City Manager went on to say that he would like to have the Council confirm that they authorize a conditional sales contract for the balance of $7000.00, plus interest. There being no objection to this, the City Manager was instructed to finish up this transaction. The City Manager explained that tnere was another item Hat he f ailed to brirq to the Council's attention at the last meeting, and that is that there are three members of the Planning and Zoning Conmissi on whose terms have expired on Feb. ruary 17, 1959 and they are Mn. Blue, Jack Werner, ard Mr. stan Niegemann, all who have expressed their willingness to serve if reappointed. The Mayor asked if there were any other suggestions. Clm. Kulin rrade the. motion "1 move that the appointments rrade by Mr. Bordwell of Mrs. Blue, Mn. JaC'.k Werner and Mr. Stan Niegemann for a three year term on tl1e Planning and Zonirq Commission, be confirmed. II Seconded by Clm. Johnson. Clron. Johnson, Kulin, Leirer arri Lowell voted yes. Moti on carried. There beirq no further business the spacial meeting adjourned at 8:35 PM. . A FPROV ED : (2)( ~7- a dY;lA ~. Perry R. Stockton, Jr., Ma~or ATI'Ero': Act irq City Clerk ------------------------------------------------------------------------------------- SEWARD, ALASKA Board of Equalization Meeting, ~arch 23, 1959 Mayor Ferry R. Stockto'TI, Jr., sitting qS Chairm~n of the Board of ~quali~ation, c'lll'd the meeting to order at 8:40 PM. Present, as members of the Boaro of Equ~lizati0n were Clmn. Johnsop, Kulin, Leirer ~nd Lo~ell and City Manager Bord~ell ~A Acting City Clerk-Assessor. Actipg City Assessor Bordwell then read the n@Jles of those who had filed petitio'1s in the city Clerk's office. It was the decision of the Board that the~ would reconvene for their first heAring on X:irch 30 !'it 8:00 PM1nd thC1t the following people should be notified th'1.t t'ley have Hppointments for that hearing; Mr. & Mrs. '1'. Goresen, Mrs. Eva F'1.in.reather, hichard Mevers, Erling Anderson, Mrs. Albert Lanier, Mr. !'>.nrl Mrs. Rex C. Hanks, 52 .... :::::c -. ,,; :J> - St.WAHD, ALASKA Bo~rd of Equalization Meeting, March 23, 1959 ( Con 1 t. ) Mr. Aaron Wiklund, Mr. George Turnbull, Mr. Lelan~ Miller, Mr. J. Carter and Mr. H. H:-mn. The Board then recessed at 8:45 PM until thpir first hearing on March 30, 1959. Ai PROVED: Q~~7 ;:1) ~j;/i / Perry It: Stockton Jr., "'wi ~ ATTwT: 1~f-~(,I!l ~ .11 Acting City 0lerk " A_________________________ _ ___________ .__ _. ______________________________ SEWARD, ALASKI\ Board of E'1ualiz.ation Meeting, March 30, 1959 The Board of Equalization reconvened for their first hearing at 8:05 PM. Due to the absence of Mayor Stockton, I:lo'l.rd Hember Hodson was appointed 'l.~3 Actj1'1g Ch'l.irmiin, 'Nho then c'l.lled the meeting to order. PresP1'1t were Memb",rs Joh!1sol1, Kulin, Leirer, and Lowe:l. Also ,.resent W'lS Acting City Assessor Bordwell, ]Nho sllggested to the board that with the "oard 'sFer- mission he would like to ':,urn it over to Mrs. lish who wil" be the Acting City ClerlE-Assessor to har,dle the 'etitions. The Board concurred. The first petition read ".rwas thi'lt of Mr. Leland Miller. His claim W'lS that hrs asC'esment W'lS $]0,000.00 higher th:-m la"t ye'lr. City MiinClger Bordwell then explained to all rresent the mannpr- in ',.,hich all il",rrovwnents in Seward "rere re-evaluatl'd, Il.nd th~t now all fvalutions are equal. General di sctlf'sion followed on Mr. Miller's claim. Mr. Miller then s~iri that he w()Il1d not protest his ilssessement any further if he lons assured Hat others were being ilssessed enu'l.lly. Mr. Turnbull's retition W'lS rel.d next and in checking his valuation sheet it W1S discovered th'l.t theJ'e was an error in c0mrut'ttio'1 of the fignr-es shown... Member Leirer made the motion "I !!love that !>II'. Turnbull's assessement be adjusted from "9150.00 to "8175.00 which '''1l.5 an error in addition." :3econded by Member Lowell. Members Leirer, Lowell, Johns0n, Kulin, and .Hodson voted yes. Motion carri ed. Mr. Aron Wiklund's retition was then read. His claim WqS thilt his 'issess- ment w!s teo high. After checking it ~l.S the decision of t~e Board that his depreciation should be dro,'ped from 30% to 50%. Member- J.eirer made the mo- tion "I make il motion thClt Mr.Wiklund's asseSSMent be adjusted ,on his M'lin structure, making his total ascessment $5990, instead of $5000.00 on the bllsis that depreciation be reduced to 50%." 3econderl b,V member Johnson. All members votr.d yes. Motion carried. lviI'S. Alhert Larder's retition \1as then re'td wherein she was asking for deletion of the total assessment 0f the imrrovement due to being gutted ..by fire. "'t w'ts noted that the I<ssessor h'H'! noted on the valuation sheet th'lt itw1s gutted by fire and to go before the ~oard of EquClli7.'ltion. After discussion, Member Johnson m'ide the motion" I make a motion th t we reduce Mrs. Lanier's assessment form $6650.00 to$3375.60 by virture of the fact that there is no value left in the sturcture on the lot." r ~9 f/)(~ S1W!;RD, ALA:'KI\ Board of E'luit1izfltion Meeting, March 30, 1959 (Con't.) ~;econded by 11'~mber Lowell. Johnson, Ku1in ~nd Hodson motion carri.ed. Members Leirpr and Hodson voted no. Members voted yes. ~imp1e m~ 'ority rules, therefore The claim of Mr. Rex !hnks w.,s considerer! next 'Inri discussion followerJ on this ','i th the consensus of opinion that rieJ:'reci .' j on shaul ri be re- duced to 26.6. Hember Kulin'nade the motion "I make a motion that we reduce f'ir. Hanks ilssessment from $4200.00 to $3205, by re'lson Qf deD- reci'ltion being figured wrong," Seconded by :1ellber Johnson. All mem- bors votc,d yes. Motion carried. l'lr. hich.irr! 's Myers claim was reild next wherein he claimed that impro- vements on two of his lots were assessed too high. 0iscussion followed on this. i'lember Leirer made the motion "I move that we disallow the re~uest of Mr. hichard i"lyers." Seconded by Member Kulin. All mem- bers voted yes. Motion carried. Mr. Alex Petrovich's letter was read at this time and it was pointed out by the Acting Assessor th'lt Mr. Petrovich had not filed a return and therefore relinquished his rights to appeal. In the discussion that followed it. W'lS broup,ht out that the storage sheds on two of the lets had been moved outside the City Limits prior to Jan. 1st and therefore should be delttMd from the Tax Roll. Mr. Petrovich also objected to the valuation that had been placed on his Volkswagon. Member Lowell made the motion "I make a motion that these buildings be deleted that had b~en moved prior to Jan. l, 1959, two buildings for $200.00 each, lots 38 & 39, Block 2, Townsite and that the valuation for the Volkswagon be rechecked and billed for the true value." Seconded by Member Kulin. All members voted yes. Motion carried. The request of Mr. Harry Mann was read and discussion followed. move that we disallow Mr. Harry Mannis request for reduction." Johnson. All members voted yes. Motion carried. Member Kulin "I Seconded by Member The request of Mrs. Eva Fairweather for reduction in her assessment was read. Dis- cussion followed on this. Member Lowell moved "I move that we disallow Mrs. Fair- weather's request. II Seconded by Member Leirer. All members voted yes. Motion carri ed. The request of Mr. J. W. Carter was read for reduction in his assessment. cuss ion followed on this and Member Johnson moved "I make a motion that we Mr. Carter's request." Seconded by "-!ember Lowell. All members voted yes. carried. Dis- disallow Motion T he claim of Thomas and Violet Goresen was then considered. After discussion Member Johnson moved "I make a motion that we, disallow the Goresenls request." Seconded by Member Lowell. All members voted yes. Motion carried. The Board then set their second session at 7:30 PM on April 6, 1959. There being no further business the Board Qf Equalization recessed at 11:05 PM. APPROVED: Nevtlle Hodson, Chairman AT~T: ;J ;t-;~i JI ({. y{~ Acting City Clerk ----------------------------------------------------------------------------------------- SEWARD, ALASKA Board of Equalization Meeting, April 6, 1959 The second session of the Board of Equalization was called to order by Mayor Stockton as Chairman at 7:30 PM. Present were Members Hodson, Kulin, Johnson and Knight. Chairman Stockton stated that we are reconvening as a Board of Equalization to hear the petition of Mr. Suydam. Chairman then asked Mr. Suydam to state his case. Mr. Suydam's objection was that his assessment was so much higher than last year. Dis- cussion followed on this and Mr. Suydam then withdrew his objection. r 54 SEWARD, ALASKA Board of Equalization Meeting, April 6, 1959, (Con't.) ~ =::: ~ ::z> =- There were no further petitions to come before the Board. The Board of Equa- lization was declared adjourned for the vfiscal~ year 1958-59 at 8:00 PM. APPROVED: ;J :;:~)1 L ~-(tt../ (",j. - -_l,-,tf_'~~'- Perry 'R. Stockton, Jr'. - Chairman AT3'p>T: , -r~J(IIj! . City Clerk J -;;r " -----------------------------------------------------------------.--------------- SEWARD, ALASKA Regular Meeting, April 6, 1959 The regular meeting of the City Council was called to order by Mayor Stockton at 8:00 PM. Present were Clmn. Hodson, Johnson, Knight and Kulin. Clmn. Leirer and Lowell arrived during the reading of the minutes. Also present City Mgr. Headrick. Minutes of the regular meeting of March 16, 1959 were read and approved as read. Minutes of the special meeting of March 23, 1959 were read and approved as read. Under People Present, the Mayor stated that Mrs. Blue had given him a letter to read regarding the request of the Hospital Board to have the approval of the City mechanic to go to Anchorage and inspect a vehicle that the Hospital can purchase from Alaska Surplus Property Service. Mrs. Blue also reported on this and gave the Mayor a letter signed by the President of the Hospital Board with this request. Mrs. Blue asked could Mr. Stewart be made available to do this for the Hospital? City Manager Headrick then stated that this was completely new to him and he hesitated to give his approval until he had had a chance to contact the Street Dept. Supt. Mr. Liebelt. Discussion followed on this matter and the consensus of the Council was that it can all be worked out with Mr. Liebelt and Mr. Stewart and City Manager Headrick. Mrs. Blue June 3 to vention. also stated that the Alailka Hospital will be meeting in Seward from 5th and she asked if the Mayor could represent the City at this con- The Mayor stated that he would be happy to do this. There were no other people present. The Council then turned to the first it em of Old Business which was Resolution #132 directing City Clerk to prepare delinquent tax roll and foreclosure list. City Manager reported on this stating why it was necessary to go through all the proc~dures again since the Anchorage Times was unable to print the Delinquent Tax Roll on the first date set forth in the Resolution. City Manager then read proposed Resolution #132. Clm. Johnson moved "I make a motiDn that we suspend the rules for the adoption of Resolution 132." Seconded by Clm. Knight. All C::).Jnn. voted yes. Motion carried. Clm. Kulin moved "I move that the City Clerk be directed to prepare the Delinquent Tax Roll and Foreclosure List for the years 1954, 1955, 1956 and 1957 as directed in Resolution #132." Seconded by Clm. Johnson. All Clmn. voted yes. Motion carried. RESOLUTION NO. 132 A RESOLUTION DIRECTIf<<:T THE CITY CLERK TO PREPARE THE DELINQUENT TAX ROLL ~D TO CAUSE THE FORECLC6URE LIST TO BE PUBLISHED. 'l'he City Clerk of the City of Seward shall, and he is directed to, make up a roll in duplicate of all real property subject to foreclosure upon which taxes have not been paid to the City of Seward and upon which taxes are now delinquent. Such roll shall show thereon the names of the persons appearing in the latest tax roll as the respective owners of the tax delinquent properties, a descrip- tion of each such property as it appears on the latest tax roll, the year or years for which taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon, and the City Clerk shall endorse under his hand and the corporate seal of the City a certificate to the effect that the delinquent tax roll is a true and correct roll of the delinquent taxes of the City for the years there shown. Said roll shall be hereafter known as the foreclosure list of the City of Seward for the years 1954, 1955, 1956, and 1957. The original of the foreclosure list shall be filed by the City Clerk in his office and remain open to inspection of the public. r hh ,:~ -SEWARD, ALASKA Regular Meeting, April 6, 1959 (Con't.) RESOLUTION NO. 132 (Continued) The City Clerk is further directed to cause to be published on the l3th day of April, 1959 in the Anchorage Daily Times, a newspaper of general circulation in this city, a notice under the hand of the City Clerk setting forth that the foreclosure list of real property for the years 1954, 1955, 1956 and 1957 has been completed and is open to public inspection at the office 'of the City Clerk, and that on the 13th day of May, 1959 at the hour of 1:30 PM, or as soon there- after as may meet the convenience of the court, the foreclosure list for the years 1954, 1955, 1956, and1957 will be presented to the District Court of the Third Division, State of Alaska, together with a petition seeking judgment and order of sale. The City Attorney is directed to prepare a petition for judgment which shall be submitted together with a certified copy of the foreclosure list, on the 13th day of May, 1959, to the District ~ourt of the Third Division, State of Alaska. The City Clerk of the City of Seward ,is directed to give notice of such fore- closure proceedings by four weekly publications of the foreclosure list in the Anchorage Daily Times; that the first publication shall be on the 13th day of May, 1959, and successive publications of the foreclosure list shall be in the same newspaper on the 20th day of May, 1959, the 27th day of May, 1959, and on the 3rd day of June, 1959. The publication of the foreclosure list shall be sufficient service on each person interested in any of the properties, and it sh~ll not be necessary to mail copy of any notice to the owner or to any other person interested in the property. All persons owning or claiming to own, or having or claiming to have, any interest in any property included in the foreclosure list are charged with notice of such proceedings and of all steps thereunder. During the time of the publication, or posting of the foreclosure list and up to the time of sale, any person can m~ke payment on any piece or tract set forth therein, together with the penalty and interest, and proportionate share of the costs of publication and foreclosure; and the City Clerk shall make proper notation of such payment on both the original and delinquent tax roll and foreclosure list. On receipt of the delinquent tax payment I\S to any particular property anytime two weeks prior to the filing of the foreclosure list and petition, the Tax Collector shall remove the property from both the list and the petition. A mortgagee or other holder of a reco~ded lien on real property may file the request with the City Clerk that notice of any foreclosure list including such real property be given to such mortgagee or lienholder. The request shall contain the name and address of the person filing it, the description of the property and the name of the owner or reputed owner thereof, and the date of expiration of the mortgage or lien. Notice need not be given after expiration of the mortgage or lien, unless a further request therefor is filed. If the mortgagee or lienholder furnishes a duplicate form of request for the notice, the City Clerk shall certify thereon the filing and return the duplicate to the person making the request. Whe~. ever any property described in the request for notice is included in a foreclosure list, the City Clerk shall send by registered mail written notice thereof to the mortgagee or other lienholder. At the time of mailing the notice, the City Clerk . shall note that fact in ink am ink in the latest tax roll opposite the description of the property. The notation in the tax roll is prima facie evidence that the notice was mailed. Where the same mortgagee or lienholder hs filed requests for notices on two or more properties included in a foreclosure list, one notice may be issued covering all such properties. The word "tax" as used in this resolution shall apply to special ~ssessments no for improvements as authorized by Section l6-1-81.through 16-1-90, ACLA 1949, as amended, and such delinquent special assessments shall 'ce included in the delin- quent tax roll and in the foreclosure list, but shall be stated separately and the penalties and interest due on each shall ~lso be stated separl\tely. Publication of this resolution shall be made by posting a copy hereof on the City Hall bulletin l:>oard for a period of ten days following its passage and approva:_. An emergency is hereby declared to exist, and the rules gov~rning the passage of resolutions are hereby suspended and this resolution shall be giv~p effect irnmed.. iately upon its passage and approval. Passed and approved this 6th day of April, 1'l5~1. Attest: /s/ Violet A. Fish City Clerk, City of Seward Approveri: /s/ Perry R. Stockton, Jr. Mayor, City of Seward t- t;6 ~ , .' SEWARD, ALASKA Regular Meeting, April 6, 1959 (Con't.) .", ... The Council then turned to the second item of old business which was Resolution 130 - Changing Names of Certain Streets in Seward. It was explained that the City Manager had been instructed by the Council previously to draw up this Resolution. City Manager Headrick then proceeded to read Proposed Resolution 130. "Clm. Knight moved "I move that si nee the Planning and Zonine Commission has need for immediate up to date maps, that the rules be suspended for adoption of Res. 130." Seconded by Clm. Johnson. All members voted yes. Motion carried. Clm. Knight then moved "I move that we adopt Res. 130." Seconded by Clm. Leirer. All members voted yes. Motion carried. RESOLUTION NO. 130 WHEREAS in tre City of Seward there are duplicate sets of streets lettered "A", "B", "C", and "D", and WHEREAS this is a circumstance where much confusion ensues and WHEREAS in order to alleviate such confusion it becomes necessary to re- name at least one set of said lettered streets, NOW, THEREFORE BE IT RESOLVED, and it is hereby resolved that "A", "B", "C" and "D" streets in the Bayview Addition of the City of Seward be changed, and they are hereby changed to read as follows: "A" Street shall henceforth be known as "AIAUK" liB" Street shall henceforth bl:J known as "BARWELL" "C" Street shall henceforth be known as "CAlNES" "D" Street shall henceforth be known as "DAY, and BE IT FURTHER RESOLVED, 1that that portion of the City 0'1 Seward now commonly known as Dairy Hill shall be and it is henceforth to be known as "CHAMBERLIN HILL", in honor of the first Mayor of the City of Seward. AN EMERGENCY IS HEREBY DECLARED TO EXIST, and the rules governing the p~ssage of ordinances and resolutions are hereby suspended and this resolution is given full force and effect upon its passage and approval. Passed and approved this 6th day of April, 1959. /s/ Perry R. Stockton, Jr., Mayor Attest: /5/ Violet A. Fish City Clerk The next item of old business was the Agreement between City of Seward ann Seward Volunteer Fire Dept. City Manager Headrick explained that this was the purchase of electronic equipment that the Seward Volunteer Fire Dept. is going to purchase and install and the City is going to pay for over a period of 3 years. The ques- tion was asked if the equipment was here yet. Clm. Johnson answered that it is on its way. Clm. Hodson made the motion "I move that we authorize the Mayor to enter into this agreement with the Se1.ard Fire Dept.1I Seconded by Clm. Knight. All Clmn. voted yes. Motion carried. The ~~yor stated that while we are on the subject of the Fire Dept. he would like to bring up another matter and he had received a letter from Mr. Emil Elbe re- questing the use of the Jeep Pumper for the use of the Forest Acres Volunteer Fire Dept. The Mayor stated that he did not know what the recommendation of the Fire Dept. was on this. Clm. Johnson then spoke for the Fire Dept. and stated that they felt that it was alright with the Fire Dept. for them to use the Pumper but the Fire Dept. didn't feel that it was theirs to give permission as it be- longed to the City, and the Fire Dept. felt that if they were given permission to have the'pumper they should be required to pay for the hose that is on it. Discussion followed on this matter arrl also the question of Hire hydrants in Forest Acres was brought up ~nd discussed. Clm. Kulin made the motion "I move that the City Manager be instructed to meet with the two fire chiefs and Mr. Richie and give them our ideas on the matter and see if they can come up with something else.1I Seconded by Clm. Knight. All Clmn. voted yes. Motion carried. r ~7 {, I SE;WARD, ALASKA Regular Meeting, April 6, 1959 (Con't.) The next iten of old business was the request of the Veterans Administration for Quit Claim Deed f~r Lots 33, 34, 35 & 36 in Block 27, Towns~te of Seward, listed under Samuel and Edith Bowers. City Manager then explained that this was a routinf' matter and the Veterans Admin. wanted to sel~ this property and needed tbis Quit Claim Deed. Discussion followed and Clm. Knight made the motion "I move that we comply with the VA request providing there are no delinquent taxes on it." Sec- onded by Clm. ....eirer. All Clmn. voted yes. Motion carried. Clm. Hodson then moved "I move that we appoint Clmn. Knight as Acting Mayor in the stead of Mayor Stockton who has to leave due to the call of business matters." Seconded by Clm. Johnson. All Clmn. voted yes. Motion carried. ****" (See para. at bottom of minutes)** The next item of new business was the request of Alaska Telephone Corp. for meet- ing with City Council. City Manager then read a letter from Mr. Irving Clark with the request for new rates. Dis cussion followed on this and suggestion was made that we hold a special meeting for this purpose as it might be lengthy. Mr. Scott of the Electric System made the suggestion that the matter of pole rental be enter-. ed into the new franchise and also that the matter of cleaning up of the poles be discussed with Mr. Clark. April 21st was the date set for the next meeting with Mr. Clark. The next item was the appointment of Mr. H. Campen to the Charter Colllll1ission to fill the vacancy of Mr. Jack Werner. City Manager then read the letter of resign- ation fram Mr. Jack Werner and made the recommendation that Mr. Harold Campen be appointed to fill this vacancy. Clm. Leirer made the motion "I move that Mr. Campen be appointed to the Charter Commission." Seconded by Clm. Hodson. Clm. Hodson, Kulin, Johnson, Leirer and Lowell voted yes. Motion carried. The next item was Small Boat Harbor - Invitations for Bids - information only. City Manager reported on this and stated that we have one copy of the bid in City Clerk's Office. Clm. Kulin asked the question if there has been any provisions for servicing of boats, etc. at Small Boat Harbor. Clm. Knight reported unofficial~ ly that Standard Oil had made a survey on this and their decision was that it would be best to leave it up to the City and the Harbor Commission. Discussion followed on Small Boat Harbor matters and the suggestion was IIBde that a special meeting be set up for next Monday night, April 13th for meeting with the Harbor Commission. The next item was Petition for election on City Manager form of government. City Manager read the petition and the certification from the City Clerk with regards to checking,the registration cards and giving the number of signatures on petition who had registered to date. Clm. Hodson moved "I make a motion that we turn this over to the City Attorney to determine the legality of it since we are in the transi tion period. II Second ed by Clm. Leirer. Dis cussion followed on interpreting the law on this point and the question was called for. Clm. Hodson and Leirer voted yes. Clmn. Johnson, Knight, Kulin and Lowell voted no. Motion defeated. Acting Mayor Knight stated that he felt that we are under some obligation to carry out the wishes of the people and hold an election and find out what sort of govern- ment is desired. Clm. Lowell made the motion "I move that the City accept the pet- ition as presented with over 25% of the registered voters and call for a special election as soon as possible as to whether the people in Seward want to continue the City Manager form of government or revert back to the Council-Mayor form of Government." Seconded by Clm. Kulin. Clmn. Hodson and Leirer voted no. Clmn. Johnson, Knight, Kulin and Lowell voted yes. Motion carried. The nest item was the Proposed Resolution for financing to meet school budget requirements. City Manager Headrick reported on this and stated we will dispense with the Resolution at this time and explained the situation and that the School System is in dire needs of financing to carry the school. He gave the figures that the City will have to take care of which were fram $20,000 to $65,000 for the bal- ance of this fiscal year. Discussion followed on this problem, with the suggestion being made of looking into the possibility of setting up school districts for the futur.e. City Manager asked if it met with the Council's approval to draw up a Resolution to have ready in case it is necessary. The consensus of the Council was that this could be done. ***First item of new business inadvertently out of order.** The Council then turned to the first item of New Business which was Resolution No. 131 - Authorizing Signatures for City of Seward Bank Accounts. City Manager Head- rick then read the proposed Resolution 131. Clm. Johnson made the motion "l make ~ ~ - '..., '" . SEWARD, ALASKA April 6, 1959 Reg. Meeting, Con't. :>- "". a motion that we suspend the rules for adoption of Resolution 131." Seconded by Clm. Lowell. All Clmn. voted yes. Motion Carried. Clm. Lowell made the motion "I move that we adopt Resolution 131. S_econded by Clm. Leirer. All Clmn. voted yes. Motion carried. RESOLUTION NO. 131 WHEREAS expenditures from V'lrious City of Seward funds are presently authorized by the City Council through warrants drawn upon the First Nat- ional Bank of Anchorage, Seward Branch, and WHEREAS there has been a change in the offices of the City Manager and the City Clerk of the City of Seward and, WHEREAS it has become necessary that the First National Bank of Anchor- age, Seward Branch be instructed and authorized to honor City of Seward warr- ants containing certain signatures NOW, THEREFORE BE IT RESOLVED, and it is hereby resolved, that the First National Bank of Anchorage, Seward Branch, be, and it is hereby instructed,to honor the signatures of G.O. Headrick as City Manager, Violet A. Fish as City Clerk and Fred Kielcheski as City Treasurer effective April 6, 1959 for all warrants drawn upon the City of Seward, Gener'll Fund, Sales Tax Fund, City of Seward Marine Ways Bond Redemption Fund, Tax Sale Fund City of Seward, Capital Improvement Fund, School Bond Retirement Fund 1949 Issue, and 1954 Sewer Bond Fund Accounts of the City of Seward. AN EMEHGENCY IS HEREBY DECLARED TO EXIST and the rules governing the passage _of ordinances and resolutions are herepy suspended and this resolution is given immediate effect upon its passage and approval. Passed and approved this 6th day Bf April, 1959. /s/ Perry R. Stockton, Jr. ATTFST: /s/ Violet A. Fish There being no further business the meeting adjourned at 10:45 PM. APPROVED: 8ni ,~ ,jL:~L >i Perry Fi. Stockton, Jr./ - Mayor ATTEST: (~~dul () ;;--~,tL't City Clerk - SEJJARD, ALASKA Special Meeting of April l7, 1959 A special meeting of the City Council was called to order by Mayor Stockton at 5:00 PM. Present were Clmn. Knight, Kulin, Lowell, Johnson and Hodson. The Mayor stated that the reason for this meeting being called is that we find a financial crisis coming up with the School Budget. He stated that the School has a payday today and we are unable to give the school the money that they need to meet it. The Mayor went on to say that Mr. Headrick had contacted Mr. Roth and he in turn contacted Mr. Cuddy of the First National Bank and their findings is that legally they cannot loan us the money. Mr. Ruth who was also present then spoke and stated that they went to work on it through their bank attorney and he has been working on it all this week. They find that it is absolutely illegal for the bank to loan any city or municipality money. He~then read from the Alaska Laws pertaining to this point. It was suggested that we might want r 59 SEWARD, ALASKA Special Meeting of April 17, 1959 (Con't.) to have the City Attorney go over this matter with the Bank's Attorney and see if they can find any way that this can be legally done. Much discussion followed on this problem with the suggestion being made by Mr. Roth that prepaid taxes be asked for as soon as the bills could be made out. The Mayor then asked Mr. Roth if he would be willing to act as the financial adviser to the City in this immediate period. Mr. Roth stated he would be glad to do so. Clm. Knight made the motion "I move that the from the General Fund to the Sale s Tax Fund." voted yes. Motion carried. sum of $1000.00 dollars be transferred Seconded by Clm. Lowell. All Clmn. General discussion followed on the City's financial problems and possible solutions. There being no further business the meeting adjourned at 5:45 PM. APPROVED: /:/ I~._['{,'l~, Perry fi~ .' /) j,' ,J-- j / / ~.A ..//</...- I?JJ:..', "'- 1 Stockton, Jr. - ~ayor ATT&?T: , t~f-tLt (1/, r ~~j Violet A; Fish SEV!ARD, ALASKA Regular Meeting, April 20, 1959 The regular meeting of the City Council was called to order by Mayor Stockton at 8:00 PM. Present were Clmn. Hodson, Johnson, Kulin and Lowell. Also present was City Manager Headrick. Minutes of the regular m0eting of April 6, 1959 were read and approved as read. Minutes of the special meeting of April l7, 1959 were read and approved as read. There were no people present who had requested to speak. The first item of old business was the petition calling for election re City Manager form of government. City Manager Headrick reported on this that the City Attorney had recommended that we hold off for the time being until we see what legislation has been passed regarding qualified electors. City Attorney will be here tomorrow for the special meeting and we can go over this matter with him at that time. The Mayor brought up another matter of old business which was about the Charter Commission. He stated that they have not had a meeting yet for lack of a chairman, and the .Mayor went on to say that he appointed Mr. Larry Urbach as Acting Chairman and he will call a meeting for next Monday night. Clm. Lowell brought up another item of old business which was about the H & T Mining Co. and th'e condtition of First Lake. The City Clerk reported that she had searched the minutes and files and could find no record of any agreement having been signed with H & T Mining Co. with regards to their working this location. Clm. Lowell had the thought that the people of Seward had put in a lot of work to make First Lake a suitable swimming' place and that it should be looked into and see if we can get First Lake back. It was deciaed that we should take this up with the City Attorney when he gets here and see what steps we have to take to get this back. The Council then turned to the first item of new business which was awarding of Workmen's Compensation Insurance. City Manager reported about this and Clm. Lowell made the motion "i move that we award the Workmen's Compensation Isnsur1mce bid to John Smith Insurance Co. II Seconded by Clm. Kulin. All Clmn. voted yes. Motion ca rri ed. The next item of business was the proposed letterhead for City of Seward. City Manager Headrick reported that we are almost out of stationery and sometime ago the Council authorized us to get new stationery with a picture of Seward on it. Now Mrs. Kirkpatrick has come up with a proposed letterhead that they can make up. The two sketches were passed around and discussion followed about this matter with the suggestion made that City Manager ask Mrs. Kirkpatrick to make up some samples to show the Council before they make their selection. r 60 ... - .~. .... .. .. SE1fIARD, ALASKA Regular Meeting, April 20, 1959 (Con't.) ... The nedt item was the procedure for people requesting audience with the City Council. The Mayor reviewed briefly how this procedure was set up and asked for the Council's opinions and ideas on the matter. Did they still wish anyone who wished to speak at the Council meetings to go through the City Manager's office first? It was the consensus of the Council that unless it was an emer- gency matter anyone requesting to speak at Council meetings should go through the City Manager's office first. The thought was also brought out .that the only things that should come before the Council are those that have to have Council's approval or action and strictly administrative matters should be handled by the City Manager. It was also suggested that the City Manager or City Clerk should pass this information about procedure for those wishing to speak at Council meetings to the radio station and to the paper for publication. The next item was the proposed Ordinance #290, setting up a Small Boat Harbor Commission. City Manager then read the proposed Ordinance #290. Discussion followed after reading of this Ordinance regarding boats on the beach, and policies to be set by the Harbor Commission. There were also suggestions of members to be appointed to the Harbor Commission. Since there were not five Clmn. present at this meeting, it could not be passed at this time. It will be brought up again at the special meeting. The next item was setting a date to commence City Clean-up week. City Manager reported that someone had called him asking when cleanup week was going to be set and this was new to him and he wanted to know the procedure for this was. The Mayor reported that this was usually set by the Mayor and goes along for a period of 2 or 3 weeks and is incorporated into the work of the Street Dept. Mr. Liebelt, Street Supt., who was present spoke that he felt that it was a little bit early to set this date yet as the frost is not out of the ground at the garbage sites and it is impossible to dig any new trenches. He suggested that we wait until possibly the mi~dle of May and this was agreeable with the Council. Clm. Kulin asked if it would be alright with the Council if 'we ask the Chameer of Commerce to help work on this on the publicity angle. It was agreeable with the Council. The Council then turned to the next item which was the purchase of quick-way unit from Electric System. City Manager then asked Mr. Liebelt if he would explain this matter to the Council. Mr. Liebelt reported that this QuickWay Unit was excess to the needs of the El~ctric System and the Quick-way unit that the City has is in a very bad shape. The unit has been taken off the Brockway truck and put on an International. He'also stated that the Street Dept. would gain by this transaction as two years ago, figures were acquired for parts to repair the Ci~y' s unit and the parls alone came to $1800.00, which is the price the Electric ~stem is asking the City, and this price to be credited to their loan of some $13,000 from the City. Discussion followed on this and it was the general feeling that this price was too high and the thought was expressed th8t, this unit plus the brockway truck only cost the Electric System $lgOO.OO to begin with. City Manager was instructed to poll the Utility Board members and see if they would be willing to make this transaction for $lOOO.OO. The next item was purchase of electric heater for the Armory. City Manager re- ported on this and said that there had been an Armory Board Meeting last week, composed of Lt. Goodman, Sgt. David and Mr. Fabricious. Their suggestion is . that an ele ctric heater be purchased to be put in the small office thus enabling the furnace to be turned off most of the summer. Discussion followed on this. Clm. Lowell made the motion "I move that we buy an electric heater for the Armory, cost not to exceed $40.00". Seconded by Clm. Hodson. All members voted yes. Motion carried. The next item was the joint meeting requested by School Bo~rd to discuss their budget. The Mayor stated that the City Manager had been requested by the School Board to have a meeting date set up for this joint meeting. Discussion followed on this and questions were brought up to be answered by Mr. Fabricious at this meeting. They were: what it costs per year per student. The'cost per year that we get for each student outside the City and that includes Jesse Lee students. How many students outside the City Limits does the school have, and how many students in the City. The Council was of the opinion that a more thorough breakdown of the budget should be made to the Council, and more mater- ial to supplement the budget. Thursday of this week was set for the preferred date and Friday as second choice. City Manager was instructed to contact Mr. r r~d . " SEWARD, ALASKA Regular Meeting, April 20, 1959 (Con't.) Fabricious and see which date would be best for the School Board. The next item was Shell Oil's Option to Lease. City Manager reported that we had written to Shell Oil with regards to vacating streets and alleys and under date of April 15 we received their reply with a letter stipulating that we do not have to constitute the vacating of streets and alleys at this time, but that 90 days after the date upon which Shell may exercise their option to lease, or such earlier date. Discussion followed and Clm. Lowell made the motion "l move that the Mayor be authorized to execute this letter of agreement." Seconded by Clm. Hodson. All Clmn. voted yes. Motion carried. The next item was the paying of bills. The Councilmen h~d all reviewed the bills and one question was asked about two calls to Calif. in arch on the ACS bill. City Manager was instructed to find out who placed this calls and to whom. There were no other questions. Clm. Hodson moved "l make a motion that we pay the bills. Seconded by Clm. Johnson. All members voted yes. Motion carried. A question was asked if the City Manager had found out anything on condemnation procedures. He replied that we will discuss this with the City Attorney when he comes down. Clm. Kulin brought up the point of the st~tement that City Manager had made with regards to one man quitting on the Street Dept. and wondered if it would be possi- ble to use the Water Dept. man at times. City Manager replied that this is being considered. There being no further business the meeting adjourned at 9:45 PM. APPROVED: ATTEST: I- icNi/llJ~d City Clerk "/0'" -A ~j;ij j' Perry R4' Stockton, Jr. -/Mayor ----------------------------------------------------------------------------------- SEWARD, ALASKA Special Meeting, April 21, 1959 The special meeting of the City Council was called to order by ~~yor Stockton at 8:00 PM. Present were Clron. Hodson, Jchnson, Kni0ht and Kulin. Absent were Clron. Leirer and Lowell arrived at 8:05 PM. Also present were City Manager Headrick and City Attornev Buckalew. The ~~yor stated the purpose of this meeting tonight is to takp up matters of the Alaska Telephone Corporation - a discussion with Mr. Irving Clark; approval of transfer of funds to Sales Tax Fund for Freight on school bus and proposed Small Boat Harbor Ordinance #290. -- The Council then turned to the second item on th8 agenda which was approval of transfer of funds to Sales Tax Fund. The matter was discussed and Clm. Knight moved, n1 move that we transfer the SUIT of ~957.58 from the General Fund to the Sales '!'.ax Fund for the freight of the ~chool Bus.n Seconded by Clm JohClson. Clron. Hodson, Johnson Kulin and Knight voted yes. }btion carried. Since the City Attorney was prescnt the Question of the Special Election for City ~~nager form of government was discussed. City Attornev Buckalew explained that he wanted to be sure that this election was set up legally ~nd suggested that we wait until he has a chance to go throuoh the new bills passed by Leqislature and then he can set up the election under new leqislation. He stated that he cnn have this infor~tion ready for the Council within a week. Consensus of the Council was that we should wait for the City Attorney's information for this special election. r' R? " .. SEWARD, ALASKA Special Meeting, April 21, 1959 (Sonti nued) 01 The Council then turned to the first item on the agenda which was information regarding possibilities of a n.te l1eiHing. Mr. Clark of the Alask Telephone Corp. then spoke and stated that he had sent copies of the rate fiqures, and also stated that he had not drawn up Q proposed franchise yet as he wanted to find out if the Council had certain points that they wanted incorporated in the franchise. They would want a 20 year franchise. He stated that they would like an 8% return on their investment. The pro~osed rates for Seward ~ere about equal with Anchorage. He also stated that he would like to know what their ta x assessment would be and~lso the pole rental problem. Dis- cussion followed about the percentage of return on investment. Mr. Clark stated that they had signed a contract .with Alaska Railroad for telephone . service to Portage and a1.so signed a contract with .lIC::' taking over long dis- tance calls from ACS. Tl1e question was asked about the number of employees they expect to have and Mr. Clark stated he expects tD drop one double shift within a wef!k and will have one girl within two months. Mr. Scott, Electric System foreman, asked about provisions for cleaning up abandoned cable cnd Mr. Clark stated that it will be cleaned up. After more discussion on the telephone matter the date suggested for the Rate Hearing was May 1Atl1. Clm. Knight made the motion, "I move that the Ci~~nager be authorized to take such steps as__llecessary to hold a telephone Jate hearing on the 14th clay of May in the City COlmcil Chambers." Seconded by Clm. Lowell. All Clmn. voted yes. Motion carried. The last matter on the agenda is tl1e proposed Ordinance #290 regarding the Small goat Harbor Commission. Clm. Knight read the Proposed Ordinance #290 for the second reading. Clm. Johnson moved, "I mare a motion that we suspend the rules for the adoption of Ordinance #2 %'_" Seconded bv Clm. Hodson. All Clron. voted yes. Motion carried. Clm. Knight moved, "I move tl1at we adopt Ordinance #29()." Seconded by Clm. Lowell. All Clron. vot;d yes. Motion carried. The Mayor then stated that he would like to suggest Mr. Durant, Mr. Hafemeister, Mr. Eldon Jergens and Mr. M. E. Burgan and as Clmn. Representatives CI~ Johnson and Clm. Knight. Mr. Durant, Hafemeister and Jergens for two year terms and Mr. Bur~an, Johnson and Knight for 1 year terms. Clm. Lowell, "I move tha~ we confirm the Mayor's nominations of Mr. Durant. Hafemeister and Jergens for two year terms and Mr. Burgan. Johnson and Knight for 1 year terms." Seconded by Clm. Hodson. All CIron. voted yes. Motion carried. There being no further business the meeting adjourned at 10:05 PM. APPROVED: '2rf-<,J -//rA/ ;'- Perry ~. Stockton, Jr. - Mayor Attest: I '~}h City Clerk ~ Former City Clerk, Violet A. Fish, resigned before minutes were entered. --------------------------------------------------------------------------------------- SEHARD, ALASKA Reqular Meeting, May 4, 1959 The regular meeting of the City Council was called to order by Mayor Stockton at 8:40 PM. Present were Clron. !iodson, Johnson, Knight, t:ulin and Lowell with Clm. Leirer arrivina during the reading of the minutes. Also present was City ~~naqer Headrick. Minutes of the reqular meeting of Apr. 20 were read and approved as read. Minutes of the special meeting of April 21 were read and approved 1~ith one minor correction, that the words "at 8:00 PMH be included in the motion regardina the telephone hearing. The first person requesting to speak under People Present was Homer Boe, regarding vacation leave time. Mr. Boe stated that he wanted to find out ....---- 63 SE\~ARD, ALASKA Regular Meeting, May 4, 1959 (Continued) what amount of annual leave city employees get, he has never been able to get it straightened out. He was paid at the rate of 1 day per month and feels that he is entitled to more if the rate has never been changed by the Council from the It days perviously set up. Discussion followed on this and minutes were searched to find where this had been set. Clm. Knight made the motion, "I move that Mr. Boe's leave time be computed at a daY and a half per month." Seconded by Clm. Lowell. All Clmn. voted yes. Motion carried. elm Lowell then made the motion, "I move that until July I, 1959 annual leave be accumulated at the rate of Ii days per month. that sick leave be accumulated at the rate of I day per month. and any sick leave in excess of 2 days requires a doctor's certificate; sick leave not to accumulate over I years time and annual leave not to accumulate over two years time; all legal holidays will be recoqnized as paid holidays." Seconded by Clm. Knight. Clm. Leirer made an objection to the clause about doctor's certificate for over 2 days sick leave. Clmn. rodson, Johnson, Kulin, and Lowell voted yes. Clrnn. Knight and Leirer voted no. Motion carried. The Mayor then stated that Mr. Vance Hitt is present tonight and has asked for permission to speak regarding the road to the cannery site. Mr. Bitt stated that it is absolutely necessary to have a road that is accessible and the big- gest prohlem would be for the first year. He went on to say that the City has the proper equipment and men to do this work and I feel that it is better if they do this work and to apply future taxes for this work. He also said he would appreciate immediate action for the bridge before the water gets too high. The Mayor then stated that he has asked Mr. Liebelt to take a look at this situation and make an estimate of the cost of the work. City Manager Headrick read Mr. Liebelt's estimate of this job which amounted to approximately $750.00 and would require about 3 men for 7 days. Mr. Liebelt stated that he felt that the bridge does not have to be replaced but would require a rock foundation to steady the bridqe. Discussion follcwed on this matter. Clm. Knight then made the motion, "I move tl1at the City l'I.anager be author! zed to have this ,original work done." Seconded by Clm. Lowell. All Clmn. voted yes. Motion carried. Item of Old Business, Request of Forest Acre~ Voluntee~ Fire Department for Jeep Pumper, was moved up to the fi rst item on the agenda. City Manager Headrick stated that they wanted the jeep pumper and they will maintain it and will put up a bond and they have a double garage available to store it in. Discussion followed, about the pumper, and also about fi re hydrants and the water system in Forest Acres. Clm. Lowell made the motion, "I move that we table this matter until the City Manager can come back and tell us exactly the }egal status of the 1,"ater System in Forest Acres." Seconded by Clm. Leirer. All Clmn. voted yes. l'I~tion carried. The Council then turned to the first item on the agenda which was the report on the meeting with C.E.A. City Manager Headrick reported on this, stating that he and Mr. Scott met with representatives of Chugach Electric Association and they are aqreeable to sell their power to us. They will buy our 69 KV line from Mile 0 to Mile 7t, and/or will purchase our line from Mile 7t to Mile 25, with the City of Seward holding distribution rights from Mile 0 to 7t. He went on to say, we are more or less at a standstill until we can contact our bonding company and see if we can recall our bends. It was the consensus of the Council that the City Manager s~ould contact Mr. Sheppard, bond holder's representative, and get his reaction to this proposal. The next item on the agenda was School Financing and City Manager Headrick reported that Mr. Fabricious had called the City Hall while he was aone and reported that he needed approximately $5,000.00 to meet the payroll of April 30. He was to call back and give us the exact figures he needed, but he has not done so and I have not been able to contact him today. After discussion, elm. Lowell made the motion, "I move that we table this matter until the School Board requests a joint meeting. with a quorum of school board members present, and also that we request tl1em to brinq their financial records with them." Seconded by Clm. Leirer. All Clmn. voted yes. Motien carried. The next item on the aaenda was Aaron Grossman's offer to sell lots 37 & 38 Block 20. City ~~naqer read Mr. Grossman's letter offering to sell these lots to the city for the sum of $2,000.00. Discussion followed on tris. elm. Knight made the motion, "I move we write Shell advi Si!la of the situation and after receivinq their reply we can deal with r-:r. Grossman." Seconded by Clm. Hodson. All Clrnn. voted yes. Motion carried. 64 SEWARD, ALASKA Regular Heeting, May 4, 1959 (Continued) ~,e ';11:;' The next item was settina the date fcr the special election on continuance or discontinuance of City Manager form of govp.rnment. The ~Qyor stated that the City Attorney has looked into the legal aspects of this matter and ~an't finrl anything wrong with it and if the Clmn. so desire, the election can be held. Clm. Knight made the motion, "I move that the special election for the City Manager form of govern ment be held July 21st." Seconded by elm. Lowell. All Clmn. present voted yes. Motion carried. Council turned to the next item which was setting date for City Clean Up Week. City Manager reported that Mr. Liebelt, street Supt., has suggested the week of May 11 to 15 or the week of 18 to the 22nd. Discussion followed and it was the consensus cf opinion that the Mayor will proclaim the week of May 11 through 15th as Clean Up Week. Clm. Leirer made the suggestion that perhaps the City can clean up the debris piled in vaious places on city streets during this cleanup week. It was stated that the Chamber of Commerce will be happy to help the City with this Cleanup Week in the matter of publicity. At this time. the question of condemnation proceedings was brought up and the City Manager stated that it can be done if the City has a qualified engineer or a contractor or a building inspector. It was the consensus of opinion of the Council that the Planning and Zoning Commission should be notified that the City will be glad to have the Fire Chief, and Police Chief a nd Electric Foreman to go along with the building inspector and to get these condemnation proceedings started. The Council then turned to the first item of new business which was the request from the Seward Community Library Board for Council representation. The Mayor asked for suggestions. Clm. Leirer made the Motion, "I move that Clm. Johnson be appointed to the Library Board." Seconded by Clm. Lowell. Clron. Hodson, Knight, Kulin, Leirer and Lowell voted yes. Motion carried. City Manager reported on the next item whicr. was the f'>ewer Line on the alley between 1st and 2nd from Adams to Railroad. Mr. Liebelt has made an estimate of this work and his estimate is approximately $33,850.00. Discussion fol- lowed this matter. City Manager was instructed to contact Alaska Surplus Property Service and see if there is any pipe available for this purpose, either 8" or 10" pipe. The next item was Hospital Cash Requirements for the balance of 1958-59 fis- cal year of $5,000.00. City ~~nager Headrick reported that he had a meeting with some of the officers of the Hospital Board and they have advised that they can wait until the end of June for this amount of money. This was for information only. The next item was sale of the Pettibone Mulliken Grader to Mr. Cecil Clark for the sum of $150.00 for the Grader and 6 tires @ $25.00 each. Discussion followed on thi$ and Glm. Kulin made the motion, "I move that we accept this bid of $150.00 for the Pettibone-Mulliken Grader." Seconded by Glm. Knight. All Clron. voted yes. Matioh carried. Clm. Kuiin brought up a matter about some underground buildings and tunnels on an empty lot that apparently belonged to Ralph Andrews and he felt that it was a menace to public safety. Discussion followed on this and t~e City Manager was instructed to contact the owner of this lot and advise hiro that the existing condition had to be corrected. Clm. Leirer brought up a matter of ~Ir. harry Midby's lot on 4th Ave. that has teen excavated so far out and also is a menace to public safety. elm. Leirer then made the motion, "I move that Mr. l-,arry Mtdby12-e notified that he has 30 days to repla_ce the portion of the street that was exca.!-at"<i_~e~1i~~ ASL~~Il-lots 3fi.. )) &.38 in Block 16. Townsite; and if this is nut done, the City will do the work and assess the property for it." Seconded bv Clm. Knight. All Clron. present voted yes. ~~tion carried. There neing no further business the meeting adjourned at 11:30 PM. APPROVED: /) ) ,/ !/ I /1 '",;". _1 /.Jf- ,Arc>" (1 Perry/R. ~tockton, Jr. - Mayor Attest: I1L:,")'" City Clerk [ ( J"~ (For, r City Clerk, Violet A. Fish, resiqned before minutes were entered. ---------------~------------------------------------------------------------.-----.--- I ('!,.r:: .'1. f.,; ", S1)!ARD, ALASKA Special Meeting, May 14, 1959 Mayor Stockton called the Special Meeting of the City Council to order at 8:00 P~. Present were Clron. Hodson, Johnson, Knight, Kulin and Lowell. Also present was City Manager Headrick. The Mayor then stated that the purpose of this meeting tonight is that the Council si t as a hearing board a t the request of the ,,\laRka Telephone Corporation that a rate hearing be held for the nurpose of increasing rates, as raquired by State Law. The ~ayor then asked City ~anager Headridk to read the proposed rates. PROPJSED RATES FOR SEWARD, ALASfA, AFTGR CCNVERfION TO DIAL SERVICE. All monthly rates quoted are on wall phones without Federal taxes. Desk phones - 3.25 more. BUSINESS PHONES: Main business wall Two party business wall Four party business wall Teletype Cable pairs $15.75 13.75 11.75 16.00 16.00 On premises extensions Off premises extensions Bell s Jacks and plugs Joint user Switch Buzzer Extra listing in directory 2.15 4.75 1.80 .75 3.00 1.00 .50 .25 RESIDENCE PHONES: Main residence wall Two party residence wall Four party residence wall On premises extensions Off premises extensions 9.75 8.75 7.75 1. 90 3.00 MIOCELLANEOUS CHARGES: New installation, not wired 7.50 Installation, color phone 12.50, plus above Installation extension, color 12.50 Installation, already wired, black 5.00 Installation, ~lready wired, color 7.50 Outside move 7.50 Inside move 5.00 Hard of hearing phone, black 7.50 Buzzer installation 2.50 Switch installation 2.50 Bell installation 2.50 Koil Kord installation 2.50 Jack & plug for portable phone 5.00 The Mayor stated you have heard the reading of the proposed rates and this is a hearing which has been advertised for the required length of time for any who wish to come and voice their opinions. The Mayor then asked if anyone had any questions at this time. Mr. Hans Pafemeister then spoke and stated that while he is a firm believer in private enterprise, from his observations, when you eliminate labor such as has been done in the new telephone system, costs should ao down. He went on to say that they have eliminated 5 employees, together with accompanying expenses such as vacation pay, social security payments, sick leave pay, and he feels that there should be a reduction in rates rather than an increase. The Mayor then asked Mr. Irving Clark, General Manager of the Alaska Telephone Corp., to speak and answer these questions. Mr. Clark then answered Mr. Hafemeister by sayino that he is right, however, our operators have not been paid as well as they should have been and there will be an increase in wages as the T.B.E.W. is asking for an increase in waaes for their members. The new buildings and new equipment require that he has to ask for an increase to get the return from his investment and he feels that the rates he proposes are reasonable, giving him a return of his investment somewhere between I 66 ,.". ......... ",".", SEI.JARD, ALl~SKA Special Meeting, May 14, 1959 (Cont i nued) ....., ~" ""'" . - 6 or 7%. He also stated that the proposed rates will be comparable to other systems in Alaska, and went on to say that Seward has the best phone system in Alaska, completely modern in every ref;pect. He closed by saying the cut in personn~l does represent a very substantial savings, but it doesn't make up for the new modern equipment. Mr. Hafemeister asked tl1e question is tllis installation Drorated so that ,the people of Seward help to pay for the subscribers in Ymose Pass and Portage? Mr. Clark answered this by sayina tl1at he has signed a contract with the fl.laska Railroad that extends from here to Portage, or 65 miles of service, and he is proposina a rate based on Seward rates, plus 10% of each of the 4 zones covering that area. He stated that the figures he presented to the Council, showing their base of rates, includes only the Seward installation. Mr. Harold Horton stated that he is opposed to an increase of rates as he doesn't feel that they have it corning to them and also asked why they should be higher than Petersburg or Ketchikan; and also he understands that there is $8,000.00 set up to run the Seattle office. Mr.. Watts and Mrs. Walker stated that they were interested to know the amounts of the increase and alRQ what the reasons for it were. Mrs. Howell asked the question if the increase was to remain the same after the return of investment was fulfilled. Mr. Dunham, who just carne in, asked what the increase was. Mr. Haferneister asked about the maintenance cost. Would it be constant or subject to fluctuation subjecting us to future increases? Mr. Clark then undertook to answer some of these questions. First, as far as maintenance is concerned, that of the new central office should be at a minimum as it is a self-contained unit. The old heavy lead cable is all cominq down and is to be replaced by plastic cable and the outside maintenance costs will be a little higher. Then the question about rates in the future when the investment is amortized, that really is not so much the concern of the Council as it will be to the State Public Utilities Commission, which Mr. Clark figures will be set up within a ypar or two, and they will set utili ty ri'ttes. However, the State can't disturb what is a contract between parties, but does exert enough pressure to reopen rate negotiations. The P'Jblic Utility Commission will pro- bably grant a rate of return from 6 to 9%. The guestion as to the Seattle office expenses. He explained that when the figures were set up, the allocated to Seward 6/13 for Seattle head office ex- penses, because almost ~ of the instruments of tl1e 4 svstems of the A.T.C. are in Seward. He gave the salaries and expenses for the Se'ittle Office and stated that money is not reing wasted. ' The Mayor then asked if apyone else had any questions. The question was asked about interruptions in phone se,vice and if a person would aet billed if ser- vice is out for a period of time. Mr. Clark replied that there will be a prorated rebate if service is out for any time. Cl:n. f:odson then asred hm-I mll,~h return does Hr. Clark figure from telegrams and toll calls. Mr. Clark explained that he res signed a contract witl1 fl,laska Communication System for telegrams and tolls. They will get a flat 25% for all messages handled here, while the office is open, and a sliding scale fee on toll calls. Clm. Kulin then asked about the 7% of anticipated returns, is that based on the present telephones or on the additional phones that they will get? This is based on the present equi~IT!ent and old equipment that can be used on the basi s of the present subscribers .r,cHeestatedi thatt he needs to know as quickly as possible what the prospects for additional equipment are as it takes at least 12 months for new equinment to aet here. Clm. Johnson asked about they going to be higher? out, close to the "'.award the rates in Forest Acres, and Airport Heights. Are As far as he is concerned somet~ina can be worked rates or the same. The guestion was then asked about sending long distance calls and telegrams on the weekends, especially for stranqers in town, dnd also for sending money out. r R7 SE\-iARD, ALASKA Special Meeting, May 14, 1959 (Continue,) Nr. Clark answered that the telegraphic Money queRtion has not been figured out. Government requlations prohibit their handling money commercially. He also explained that A.C.S. approached them to take over the telegraphic work, this was not something that t~e" asked for. He realizes that the telegram service will not be completely satisfactory, but feels that this cannot be helped. He explained that information service for out of office hours haR been taken care of. He also explained how the billing would be handled on toll calls. The IIJByor made the statement that it might be a little early to establish an increase. It was pointed out that the present franchise gives both parties the opportunity to pronose new rates. The City would have the right to re-open rate studies at any time until the State Public Utility Commission is operating. Sgt. Mansker of A.C.P., who just arrived, was introduced by Mr. Clark and he explained briefly how the service would work, and that the Alaska Telephone Corp. would foll~T the same code and standards of wires and toll calls as es- tablished by A.C.~. General discussion followed about telegraph and toll call service. It was the consensus of the Councilmen that a better time for a rate increase would be in a few months after all the additional phones are installed and it has been determined what kind of service the people are receiving. The Chair then entertained a motion for the adoption or rejection of the pro- posed rates. Clm. Knight then moved, "I move that the proposed rates be adopted." The motion died for lack of a second. Clm. Hodson then made the motion, "I move that we reject the proposal of the rate increase." Seconded by Clm. Kulin. On the roll call Clm. Hodson - yes, Johnson - yes, Knight - no, Kulin - yes, and Lowell - yes. Notion carried. Clm. Lowell made the statement to Mr. Clark that perhaps in 3 months time, it would be better for a proposed increase. The rate hearing adjourned at 9:50 PM. APPROVED: :2:'(~Cf Q -1'1;.1 L ,!t Perry :fIS. Stockton, Jr. I l-1,ayor Attest: ~i:(,... City Clerk Former City Clerk, V olet A. Fish, resigned before minutes were entered. SEWARD, ALAf1KA Reqular Meeting, ~~y 18, 1959 Ninutes of the reqular meeting of the Seward City Council, held May 18, 1959. Meeting convened at 8:45 PM with Clron. Johnson, Knight, Leirer and Lowell in attendance, and Mayor Perry Stockton presiding. City Manager Headrick was also present. Under the heading of Old business, the City ~~naqer reported that the City of Seward owns the water system at Forest Acres. The subscribers to the system number 32 presently using water. The suhject was brought up with regard to the use of the Civil Defense Jeep Pumner in the Forest A~res are~. After a discussion involving water rates, h~drants and water usage, the City !~nager was instructed to meet with Mr. Elbv and inform him of the Council's feeling thnt the re0idents of the subdivision would have to benr their fair share of the cost of hydrants and water. Turning to New Husines~, it was reauested that item He" be moved to the first position, ~ince several interested persons were in attendance and could be excused after their problem had been rliscussed. Mayor Stockton and the Council beina agreeable, the lTliltter of adoptinn rulef; dnd requlations for o,-,eration of the 2mall >~oat Ha rbor was discussed. The Ci ty VJanaqer read tre prorosed I'ul es and reaulations as follows: r= R~ ..... SEWARD, ALl\PKA Reqular Meeti~n, ~ey 18, 1959 (Continued) -- - ~ J> =- RULES AN]) RE(~ULAnONP GOV':!-I;HNG OPU;;NfWi'j OF S!I:!'Ll dO!'I' HC,~{l:3JR, AS EfTABLIC"}iED ill PM!~LL BOAr HARBOR ccmMI~'cII)N: (1) Upon advance p9yment of slip rental, each boat owner will be assiqned a number and a b8rth, this number and bert~ will remain in effect for the duration of paid slin rental. No party Inay use any berth not asEigned to them, without first securing written permission of the riahtful occupant. (2) Berths and numbers '.;i11 be assiqn8d at tne pleasure of the Harbormaster ,'1nd/or the Small Deat Harbor Commission. (3) "N,J PARKING" areas will be established at such times and places as ll'ay be deterrdned by the Small Boat harbor ';ommission. (4) Violation of ":JO rArlKI~G" areas ll'ay be fined in an an,ount 'lot to exceed Ten Dollars ($10.00). (5) "NO P,'\2t::ING" areas pertain to the parlcinq of any ver,icle, private or cef!1mercial. (6) h portion of the available float shall be nosted and set aside for tne use of tr~nsient fishing vessels and other visiting craft in such places and to such an extent as the exigencies of the situation ll'aY permit. Moorage in this area shall be under the jurisdiction of the Harbormaster or the Small Boat harbor Commission. Failure to comply \<!ith the li'lwful order of the Earbormaster and/or the Small float Harbor COlT'mission will be punishable by a fine not to exceed $50.00. (7) Permission of the rarhorrr.aster and/or the Small BOAt harbor Comrr,ission shall be secured prior to hauling out any craft on skids for anv pUrr'ose. 'lIhen such haul-outs are completed, the boat owner spall remove all debris and level off any rotholes or hummocks on the beach caused by haul-out operations. Fail- ure to comply will result in a fine not to exceed $100.00 (8) No dry storage will be permitterl on that portion of beach nnder tD8 j1uisdiction of U,e ~;mall Boat }'arbor Commission, except to ll'ake temporary repairs and only then wi th permission of the Harbormaster and/or the Small Roat Harbor ';ommission. Such permission as may be granted, shall not exceed seVf'n (7) days. Any beach area occupied by craft for a period of more than seven (7) days sh'111 be. subject to the approval in writing, of the Small Boat I'arlvx Comnission~ Any violation of the above regulations shall be subj ect to a fine not to exceed $100.00 (9) It shall be unlawful for any person to leave gear of any des- cription on the floats or other portions of the Small Boat Harbor, except in the case of an emergency. Any violation of reaulntion shall be subject to a fine, not to exceed ~50.00. (10) ~Doraqe fees shall be paid in advance in accordance with the pub- lished schedule. Any moorage fecE; delinquent for '1 reriod of 3n days or more shall cause such moorage to be cancelled. Owners, of draft deli~quent in mooraqe fees and whose moorage has been cancelled sha 11 he required to remove their boat from the floats and shall not be permitted to rent mooraae space until all delinquent fees have been rai~ in full. As a condition prescerlent to the securina of moorage snace, each owner shall in writing agree to the removal of their boi'lt by the Small Boat Barhor Commission in the event of delinquent fees. All costs of removina any boat shdll be at the boat owner's expense and risk. (11) The Hartormaster shall maintain a chart of float areas, and shall keep this chart up to date. On said chart a listing of all occupants of berths will be shown and said chart shall show any vacancies that ll'aY be in existence. (12) No person may rent moorage space for craft not owned by Dim. (13) All craft shall restrict their speed to three (3) knots while in- side the Small Boat Harbor, violation of this regulation shall result in a fine not to exceed $50.00. sm..~ Roa t p-arb, oli,. Corn missi;0 / ':)1 t' , , 'JY1'\ 'i 'J ,~\;.H 'I,'}) c(:r- Hans Hafemeist , President r 69 SENARD, ALA SK fJ. Regular l-'ef'ting, May 18, 1959 (Continued) A discussion followed, with the question raise~ whether these proposc0 rul~s would cover all contingencif's. It was pointed out that this was merely a start, and further regulations could be made as the need for them became apparent. The City ~Bnaqer reported he had learnerl from the City Attorney that since there is an ordinance setting up a Rmall Boat Harbor Commission, the rules and regulations they establish will not have to be covered by a separate ordi nanc". Thereul:)on, Clm. Jotnson said, "I make a motion we adopt these rules and regulations for the operation of the Small i30at Harbor." Seconded by Clm. Knight, the motion was adopted by a unanimous "yes". City r~naaer Headrick read a letter of resignation from the City Charter Commission by J. E. Roth. At the suggestion of ~~yor Perry Stockton, the Council considered the appointment of Leonard Hickman, who has had previous experience in the settinq up of cOllnty and burrouqh governments in other communities. It was sttlted that Hr. Hickman was ready to serve, and that his appointment would be satisfactory to the Commission Chairman. Councilman Knight said, "I move we approve the appointment of Mr. Leonard Hickman to the City Charter Commission of Seward. to succeed Mr. Rotr." The motion was seconded by Clm. Johnson, and passed by a unanimous vote. The City Manager read a letter from Mr. Sol Urie, Chairman of Trustees of the Elks Club, requesting permission to install a new oil tank in the alley behind the Elks Club. The letter was endorsed with the approval of theFire Chief. Clm. Leirer stated the Council should abide by the fire ordinance, and Clm. Johnson replied that the tank would be surrounded with cinderblocks and buried under a layer of sand. Clm. Knight moved that the reauest be granted, seconded bv Clm. Johnson, but before a vote was taken Clm. Lowell pointed out that a precedent was involved. He stated that the Seward alleys are becoming increasingly blocked with encroachments, and that durina the winter it was almost impossible to move large trucks through the limited space. It was pointed out that the Elks Club wanted the exterior oil tank installation only until the tank buried in the building basement could be re- paired. It was suggested that a time limit of 90 days be placed on the permission, whereupon Clm. Johnson withdrew his second, then Clm. Knight withdrew his motion. After further lengthy discussion Clm. Johnson said, "I move that we qet exact details from the Elks Club of wha~ they intend to do.- Clm. Lowell seconded. Clm. Johnson - yes, Clm. Knight - yes, Clm. Leirer - no, Clm. Lowell - yes. Motion carried. The City Manager read Resolution 133, Authorization for individual to sign checks. The Mayor pointed out that since a suspension of the rules was involved, the resolution could not be acted upon with only four councilmen present. The matter was tabled until the next meeting. A special meeting together with the School Board was scheduled for Monday, May 25, and it was decided the resolution could be acted upon at that time. The City Manager reported he had this day talked by telephone witt Mr. Shepherd of Grande and Company. Mr. Shepherd had stated that owing to a legal technicality, it would not be possible to sell the transmission line piecemeal, even though its construction was covered by separate bond issues. If a sale is made, it will have to cover the entire electric system, including the diesel generating plant and the distribution lines within the city. Mr. Shepherd stated he had another appointment with the bonding attorneys, and would make an a--ldit ional report wi thin a week. He was very favorable to the idea of selling the transmission line, and it was the opinion of Mr. headrick that he would try to secure the complete cooperation of the bond buyers. Mr. Headrick pointed out that the Seward Electric System is on a much more stable basis than a year ago, and Mr. Shepherd was very pleased with the progress that has been made. More power is being used, the accounts receivable are down, and sar fewer shut*offs are necessary. Mayor Stockton remarked that when he had talked to the engineer, Mr. Harstad, he had been advised that Seward should by all means retain its FPC permit as a valuable bargaining point with Chugach Electric. Mr. Peadrick pointed out that Chugach has firmly denied any interest in developing Crescent Lake, and has applied for a FPC permit on Grant Lake. Clm. Leirer stated the City has $19,000 tied up in material, and asked if there were any plans for itr- disposition. City Manager Headrick replied ttat an attempt has been made to sell the material, but so far nothing has been sold. If any SEliARD, PLA~KA Requ1ar Meetina, tA~y 18, 1959 (Continued) ~ -- ~ ,,-., -'" 70 J;;.o =-- agreement is reached with Chugach, there is a nossibility they might be inter- ested in the material on hand. There being no further business, the meeting adjourned at 10:15 PM. APPROVI:D: // ' 'f'-! / 'r7C:H~ Q 4LA:t~ .0'.. Perry . ftockton, Ji. - Mayor Attest: lii:! '" 0 Jd<f City Clerk I Former City Cleric, Violet p. Fish. resigned before minutes were entered. SE,vAh'D, ALAEKA Special Meeting, ~ay 25, 1959 A special meeting of the City Council was called to order at 8:15 on May 25, 1959, by Mayor Perry f'tockton, to discuss finances of 1958-59 budget and 1959-60 School Rudget. Present were Clron. Kulin, Leiher, Johnson, Lowell and Knight. Pbsent was Clm. Hodson. ~lso present was City ~~nager Headrick. Members of the School Board were al~o in attendance: Mr. Jeffrey, McCrae, Casey, Mrs. :{hitmore, Mr. Howell - president, and Mr. Fabricious, Spt. of School s. ~~. Headrick stated that the city has $8,000 in the General Fund to run till June 30. The only other income fore8een is the sales tax from May and June which is approximately $10,000. V~yor Stockton stated that the ~ity connot get a loan, and cannot meet the budqet. It was not that the City did not think that the budget was a iustifiable account, but that the sales tax had not come in as expected. Mr. Fabricious said that the cafeteria had made a profit of $900, but that this money was supposed to be set aside for the next year. ne also stated that the Territory had already paid the school a portion of the amount of p'lvm"!nts, but that the sd100l had not settled certain accounts. Mayor Stockton said that the City did not have the answer and was open for suggestions. Clm. Johnson disliked the cost of bus transportation, as he remembered ~rs. Brown sayinq that it was irregardless where we took bus, the cost was the same. Discussion follm'led on this q~esti on. It was the opinion of some of the coundlmar, t~1at the added cost would have idluenced their voh'1q. Clm. Leirer sug'J8sted t':\3t we cr.cck our IT-1p"d?!' to deterT:1ine exactly who t 11rs. Brmm h!ld f'aid concerning the bus transportation. If it was as recalled, the School Board shadd not be liable for that $45C. Hr. Fabricinus thou:rr.t that if so:neone -..ou3ld go dmm to ',.,rin Ervin }10tors and see the agent it wOClld clarify. l1:iyor 8tocktor. asked if the School l30ard would think the Counci lout of order if they sent Mr. He<'ldri ck to ColI on the aqent an d ask them t<> come to a cnuncil meeting where these minutes ',:ould be read. It was the concenSllS of the School Board and CO'-1l1ci I that this action should be taken. l>layor Ptockton reported that the City coulrl not borrow tr.e money on legal grounds, to pay thesl' account!'. he wondered if these bills could "'!lit ti 11 the next fiscal year. ;';r. Fabricious thouqht the loc<;l merchants should be paid as soon as possible so that they wouldn't suffer, and that tr'" salaries sh0,11 d be paid as soon as possible. It was suggested thi'lt rravbe the wi tholdinq tax and the ;)]ue Cross Premiums could wait to he paid. Mr. Headrick had written to find out the interest charqes and they were 5"/0. Mr. Fabricious stated toot tuition raid by tn" Territ::>ry was advanced ~lo>,OOO and another $12000 '.'Iould be coming. Mr. Howell sugaested that we write to the Government and ask if the withold- ing could ~ lilte. Mrs. Wlititmore said thilt the teacher':" retirement must be paid. Ci ty Manager !ieadrick said tha t the only chance the City has of payinq these bills, unless a lot of money pours in, j.', to carry them till the next year. r "r!r Sbwnw, ALAf:KJI. Special Meeting, I~y 25, 1959 (Continued) We can take care of $10,000 of the ~eficits and the rest should wait till the next year. It was tl1en asked whicl1 bi lls shnuld be taken care of first. Mr. Headrick thought that the salaries must be raid, also the tearher's retire- ment. The Blue Cross mud he paid or the coverage would stop. Mr. Fabrici ous said the t there was $200 in cafeterii1 hi lls tLd should he pa i d because the local roerchants sold to them at cost plus 10'10 if the" 'would keep their bills UD. Mr. Fabricious wandered how soon would the boob, be abl", to ne closed as they w0nld receive another $9,POO from the Government when the books were closed. Mr. Headrick thOUGht that the City could catch up the deficit by June 15. But there would still have to be a budget item in the 1059-60 bUdget;------- Mr. Jeffrey had tl1e opinion that if we paid the Government 5% to wait, shouldn't we pay the local mercl1ants the same 5"1o? Clmn. Jol1nson remarked that it wouldr't be the first time that merchants have waited for money from the City. Mr. Jeffrey asked, "Should we pay the Federal Government first, or the lacal 'TIerchants?" Mayor Stockton answered tl1at it would be entirel'f up to the f:chool Board. , Clm. Lowell wondered wl1v tl1e 8cl1001 Board didn t use the attorney retained by tl1e City for their attorney. He thought it would save money. Mr. Jeffrey answered that this attorney they have hire~ is the lawyer for another Anchorage school and they thought that he would know more about the school situation than would the City's attarney. Mrs. ''!hi tmore was of the opi nion that the City 11anaQer shoul d come to the School Board meetinas, and thereby save the City money ~y offerina timely advice. Mayor Stockton said that tl1e City Manager's office was always open whenever they had a problem. Clm. Lavell wanted to kn01-r who was the bookkeeper for the school, as they sometimes wanted to look over the records. Mrs. \fuitmore brought out that the City has a right to ask for a monthly accountinr fram the School Board, and that if they would just ask, they could have one. Mayor Stockton asked that a copy of tl1e School Board statement be sent to the office of tre City l'lanager, so tha t the Council would have an accounting of it. Clm. Knight moved, "I move that as funds become available in the General Fund. and in the Sales Tax Fund. that they be advanced to the School Board to retire obligations that are in arrears up to the sum of $35.000." Clm. Leirer seconded. It was passed unamiously. The City Manager then distributed copies of the proposed budget for 1959-60. Mr. Fabricious noted that the City's portion was lowered about $10,000 from more tuition rates. V~yor Stockton then said tl1at the sales tax had not been enough in recent years to cover the school budget. "We have three alternatives," he said, "accept the budget as proposed, ask the reduction of pronosed tcudqet, or raise the tax on personal and real pro~erty." Money isn't coming in to the extent that we can okay the proposed budget and still keep running at the present mill level, he stated. Mr. Fahrici0us wondered if t~e people of Seward would accept the proposed budget if we had a definite mill level for school purposes only. He thought the people would accept a special school millage more readily than they would accept one for another purp8se. Mr. Kulin recalled that there was some discussion previously about havina a break- down sheet. Clm. Lowell said that if we did tl1is, and dropped the sales tax for just a school millage, tha' our millaQe rate would be up to 30 mills, and thiz was just too much. Clm. Leirer thought that the only way to operate a sel10al levy of have a school district, and everyone in the district pay the tax. a school di stri ct out to Mi Ie 8. this kind was to Ther", could be Mayor ctockton told of the new Ci ty Charter Commission, which hopes to .be complete in another eigM months. It would he a possibi lity that they could come up with a solution to our tax problem.. We should make our wishes known to these men. Mr. Fabricious said that if there w~s to be an independent school district set up we would have to decide whether the taxes we will qet will be more than the ':24,000 tuition we are getting new. Kenai was given as an example of an excellantly administrated school. Clm. Lowell thouaht that the City could not afford to wait and should get to work new on the nroject ry having an assessor as~es the property out of town. Hr. Headri ck remi nded the COllnr il that the Ci ty cannot tax any more r Sc/JAh'D, ALAS!:A Special Meetina, V~y 25, lQ59 (Continued) !o-d ::0 ,.., ,.. 72 :J;;oo ~ outside the city limits than it can ins~de th~m. It would take five million dollars wortl1 of property. It was brouaht up also that thf> people in tne prolOnsed district would have to vote on it. Discus~ion then went on ahout the proposed 1959-60 budget. Cl~. Lowell thought that the City Controller should keep boob for the City. Mrs. "l1itmore said that he wculd have to do them at the Echool as they were not allowed to take books 0ut of the school. Mr. Fabricicus said that the l;ity's share of payincr the bookke<'per wa~ only $HJO, and th0ucrht that th, City Controller could do more for the City if he didn't have the 10lY-J' job of keeping the school books. Mayor Stockton asked wnat kind of deficit the City could incurr. Mr. Headrick answered S15,000 or $16,000. Must take from the General Fund to pay it, equals 2 mills real and 2 mills personal property. I'ir. Fabricious reminded the SO'incil that Juneau wanted all the budereb, in before they could approve any of them. Much discussion followed. Mr. Leirer made a motdon, "I make a motion that we accept the school budget for 1959-60 in the manner it was presented, in the amount of $75,442.80." Clm. Kniqht secohded the motion. It was passed unanimously. Having no further business, tne meetiner was adjourned at 9:45 P.M. AP PROVED: Attest: f C _' {J',j.( jl _ ,) ,,( Blanche Gray - City Clerk .e~~r City ~lerk, Violet A. Fish, resianed before minute~ were entered. SE!t!ARD, ALASKA Special Meeti ner, May 25, 1959 A special meeting of the City Council was called to order at 9:50 P.M. by Mayor Stockton. Present were Clmn. Kulin, Leirer, Lowell. Johnson, Knight and City Manarrer Hearlri ck. F.bsent was elm. Hodson. First on the agenda was the adoption of Resolution 133 authorizina signatures on City of Seward checks. Mr. Headrick read the Ordinance. Mr. Kniq~t said, ~I move that the rules be suspended for t~e passina of ordinances." Clm. Leirer seconded and it was passed unanimously. Clm. Jonnson moved, "I make a motion that we adoJ:t Ordinance 133." elm. Leirer again seconded and the motion was passed unanimously. The second item was paying of rent on the Welfare Office. MJ. Headrick said that the City of Seward is the only place in Alaska that is contributing to the Ptlhl ic '.Jelfore. Aft"T ciiscussion, it was tnp concensus of the Council to have Mr. Headrick pursue this matter further to suspend '::hs evnenditure. Next was discussion on the 1959-60 proposed budaet. ~Ey~r Stockton asked how soon tne hudget should be approved or disapprove:!. Mr. !-leadri~k ann;erc-1 Fat it Ehoul d bp done by the third or fourtn of June. Mr. Y.ulin ilsk8d whether tne delin~~ent tax rolls must be run in a daily paper, why not a weekly one, as a full ,-,acre add C01"ts mucoh. Mr. Headrick answered thRt it ~1J~t- r.f' a paer of qeneral oirculation. They had contacted tne attorney about putting it.in the Petticoat Ga?'zette, but it was not oonsidered a f>9rer of (feneral circul- ation. Mr. Kulin thought that in tile future it miaht r.e limitp.d to a third or quarter paqe ad. There was some discussion the headinq of raw fish. to Bob Sharp in Ketchican on tr,e RoW Fi sn Tax, and "hether shrimp came under Mayor Stockton instructed the City ~~naaer to write about this. There was a discussion as to why the Maqistrate's fines went down. It was also expressed that lM.ybe our po] ioe force did too much el se nesides their job. But r 73 SEwARD, ALAi'KP, Soecial Meeting, Mav 25, 1959 (Continu..d) it was said that all police work toqether. have to cut down some pli1ce in this budq~t, street and water departments, hut all these The Council thought that they would maybe the police force, maybe the cuts would have an unwanted effect. Some members of the hospi tal board were at the Council meetinq. Father Huah Hall t0ld of how the hospital was operatinq in answer to the question of $16,000 on the budget for the hospital. Mrs. Rlue said thi1t they wished this money only to be on hand for them, with a maximum of $4,000 a quarter if t~e hospital coul~ not stay "in the black". Tr,ere wa~ some talk of qettinq welfare patients put in this Dospital at some later date, and havina this source of income. Clm. Lowell said that the Council was qoinq to bP. far.ed in January with a request from the Volunteer Ambulance C0rpS. asking for $3,000 toward d new ambulance. It will cost $7,000 unequiped. He sugqested that somethinq be nut in the hurlbet as a figure for the arrbulance, and plant on it. Mayor Stockton said that perhaPS it could be added to the budget. Clm. Kulin asked to be excused at 10:30. More discussion followed as to what to cut or omi t. The City Manaaer was asked to see whether Lowell Point was in the City limits before there was much work done on it. After more discussion on the street, water, and police departments, the meeting was adjourned at 11;05 P.M. APPRJVED: ,210~1'A_--IL/L i Perry R/ Stockton, Jr. ) ~layor Attest: ;;1.'/ ;: ,"-, <:, A...c ~ /., ~I /.., - .0\, j -!- City Clerk I Former City Clerk, Violet A. Fish, resiqned before minutes were entered. SEWARD, FLN3KJ, Regular Meetinq, June 1, 1959 The regular meeting of the City Council was called to order at 8:00 P.M. by V<<yor Perry Stockton. fresent were Clron. Hodson, Johnson, Kulin and Leir..r. Clmn. Knight and Lowell arrived a few minutes late. City Manaqer Headrick was also present. Minutes of th.. pervi0us meetinas of ray 18 and ~~y 25 were read, corrected, and approved as corrected. The first item of Old Business was in reqards to the purchase of the Quick Way Unit. Mr. Headrick told of th.. pl!'evious offers and counter offers to the Utility Board. It Has now offered to the City for $1,400.00. Much discussion follo:.,..d. Clm. Johnson wonrle:red how much the oriainal purchase price was and Mr. "e"r!rick answered ~2,?00.00. Clm. Kulin moved, "I move that we reject the offer for $1,400.00 and restate our own of $1,000.00." elm. Leirer seconded th0 motion find it was passed unanimicusly. The first item of hpw Business was Clm. Kulin's request for clarificatiol' of charges to Teacher's Union for rental of usa. He told of how he had teld Kr. Rlup t11at the fee was $50.00 and that he hearri later that it was $100.00. hI" wanted this darified. I'ir. Headridk replied thit it was $100.00 per night for those otper than non-profit chuitabl.. org,-nizations. For this type it was o:11y 4\50.00 per night. he had spoken to Hr. Blue in advilnce and told him of tile fee. l'.i1yor ~tockton asked if there wac anY disagreerrent as to the fairness of these chflrqes. elm. Johns0n rerr:ewbered that the rril'.l<tc- 0: November 18, 1957 '>Io'lld k)lr:' the c"rnc>ct crargee' a." t}-iG WaS +he il1E'etina they wer", put into effect. Clm. Knight told of the ti!l1e when 01'~V ii>35.00 'tlas charge,::! but this was r",t en:noh to clc"n up thp I:lCSC' left afterwdris. elm. Johnson sug~')sted that Hr. be'1,irir:!: look up the minutes of said meeting and see exactly wnat the carges were. Next on New Uusiness was the purchase of Lots 5, 6, and 7, Block 11. from Hermar. Leirer. ~bps ,.,ere' orserveri :o11(",ina tne position of these 10tF. The roadway runE' through the mi ','I", of a portion of trese lots, and Hr. Lein:'r Wi'le' ;rivincr the SHy the first opf:ortunitv to !"urcnase nero. I10 tL0-lCTht tint if somecne 81se bouqht f 14 s~.\rp.r.cD, .~\l.,~.~:J~I:. !'?"''1dar ;~E'etinq, Jlll'.e 1, 1959 (Conti nued) ~ :::0 ~ ::1> ~ tl1em, they "ould close the rOadWAY. Tner€' are hetwe~n 9,000 and 11,000 s€luere reet in one of these lots. The lots were assesf'ed at Ji,l,COO.GO and t<ir. Leirer is ilsking $1,700.00 rer the thrpe. The Council felt that it would be \.'i"e to :Jet some l'"q.'ll counsel as to whether another buyer could rorcp then' orr the pror'erty. Er. Hecuiridc WiJS requ"sted to speiik to Nr. Ruckale'^, about tlcis matter. Next on tne a~enda ',ra s a rpone"t rr01r l'1r. Osha to use thf~ 3ayvi ew School ror storage sp3.ce. Mr. Headrick" s"lid that tnp :~ity ,^,Jl!l'i ref'erve n", rioht to take b,.,ck the school at any time tn., t it wa" needed or the '':i ty. elm. Leirer thaurrnt it would be unrair to give tnis buildina to any person without rirst putting it up 01'. hid, as m,1:1Y persons need 'storaGe space. It WAS the thought or many or the cOllncilmen that the buildin~ would get rui:1ed by udno it as doraoe space. Clm. LOWE'11 moved, "1 mo!e, that we dpl1v t<lr. _Osoo's re~uest ror storage spa"e in the Bayview School." Clm. Knioht seconded tne metion and it was passed bv a unamimious vote. The next itpm on the agenda WilS a ftreet Use Pe~it rrom ftandard Oil Companv. Mr. hea-:Jri ck read the permit ap<1 rlisct:ssion followed. This is to be a twenty yea r permit, wi n the r ir f't th ree years al rei'rlv eX!"'ired. I t will be in effect rrorr June I, 19!)g until Auoust 31, 1976, at whicr time title Ivill rpvert to tloe City. The P\Jri"'se or the permit w:luld b" to Jet standard Oil run pipes undE'rcu()und. Clm. Hodson said, "1 move t!1i't we i'u.:trori ,e the t-'lByor to gi ve a ~ci'll Street Use Pemit.: Clm. Johnson seconded the motion. 'Y'''e motion was o.1ssed wi th Clm. Knight abstainin~ rrom votinG. Clm. Hodson :-;t,'lted, "I 'l'.ove we pUf;pend In''! TIll es ror _the adoption or Resolution 1_34.': Clm. Leirer seconded anci the motion [assed unanimiously wi th Clm. KniGht dr-,tai !ling. CIT:1. Leirer moved, "1 move tha t we adopt Resel ut ion 134." Clm. Kulin seconcled am the mot ion W"f' c2rri"rl unanimously witj1 Clm. Knight anain abstai!ling. A reque~t rn)m Mr. Galloway was read. !~ sairl it was imposf'ible to keep op- eratincr as at present. He suggested tr-rce alternatives: 1 - iT'crC?Clse rates 25%, 2 - waive oontract payments, or 3 - te~inate the present contract and place it un f::>r hid. It 'Nas broucrht U0 tr'at the !,resent Br<Teement with the City was $301.0G per month, and six months dCOO there W"lS a S.5C incre1se. The present contrilct has 2r- more ye?rs to run. Hr. Kuli!l suqoesterl thAt the Council rrembers meet wi t!1 l'lr. Headri cle and no over tne contract, so as to qet morc> inrormation berore the next meetinq. It waf; thouoht thet there was some parts or the contract that were contrary to an ordinance. Mr. Galloway was also asked to meet with Hr. Heac:!rick at some time before the next r:16p.tinq. Clrr" Lowell said that the up all the old cars, etc. own~ Mill Street. Iran who lives on Mill Street should be asrp.d to clean Mr. Headrick said he would check anr! sep. i r the City elm. Johnson F'rr.arked that he hod seen a packaqe at the airlines orrice ror the Ut i li t y Boa rd ['larked Ai r-rreight. Mr. Headrick then exnlai ned how the Utility Boarrl had sent ror these parts Freioht but the Company har! taken it upon themselves to sen:! it Air-rreight. They were checking and were not accepting tnp. parcel until the Company paid the rreight. Clm. Kulin remarked that he had heard that people outside or town are not gettinq telephones because the City woul d not allow a teled.one rate increase. ne relt that this was going around to brin0 pressure on the :~ity. Clm. Knight wondered wj1at was to he done ['ecause yon cannot get teleqnms after hours. It was mentioned that Seward was without an inrormation service hec~usp Mr. O'Brien at the Renwald had stopped thiR service. elm. !:odson suggested that Br. Eeadrick notify Mr. Clark or Anchora"!e th at we are wi thout an i nrorm" t ion service. The rinal item of New Business was the discussion about thp 1959-60 Budoet. Mr. Headrick rpad the letter introducing the pro00sea budaet. It was thought tl1at 24 Mills would be pquired on ?ersol1al an':! Real pl!operty. This was a 10 Mill increase in order to Rupport the School and Hospital. The fcnool Budget was lesf' than reportpd at rirRt so that will bring tne bud~et down 2 Mills. Clm. Leirer asked how mucn delip0uent tax"!s have "orne in. Mr. Headrick answered that S5,000 has corne in to date. The waY to get the rest of this is to iSSUe! C/Jtf3.<I>tIM Warrant s or Distraint. These warrants are then aiven to the Chief or Police who iscucs the summons. Thp. Personal Prorerty in question is then sold to realizp. the delinquent taxes. r- 75 SETiJARD, ALASYA Regular Meeting, Junel, 1959 (Continued) There was di.scuRsion on the t-lagistrate's Court and fines. ""t war; the idea of tte Council that the ~~aiRtr~te's Court should at lc,st brina in $1.200.00 a year, wher"las th"lY were enly pxpect"d to brina in $800.00. elm. Knight moved, "I move that the City }1aqistrate be cut to 11650.00 and scheduled conrt _se~sions be cut to one a week." Cl"1. Hodson seconded and it was paSRed unanimously. There WAR discussion on the Police Department, and what, if any, to cut. It was agreed that it should be cut but it wasn t a matter of lesR protection. Chief &f Police Hodgkinson told of possible way to get aloncr without hatron. It was a voice-operated relav that would relay telephone calls to the police CAr. There must always be someone on duty when there are pr isone rs. "'any ways were dis- cussed as s\rJgestions for cuts. Clm. Johnson told of an austerity proqram that was followed many years aao. Clm. Lowell said that he wanted protection from the City as long as he paid his taxes, not austerity. Mayor ~tockton asked Chief Hodgkinson to get together with Mr. headrick and cut the budapt by $4.000.00. Clm. Kulin moved, "I move that we,cut $5,000.00 off the police budget." There was no second. Clm. Johnson said, "I move that we revise the police bud:Tet by a re~uction of $4.000.00." Cl~. Lowell seconded. Clm. Kulin voted no. Motion was carried. After some discussion about the Fire Department, Clm. Hodson moved, "I move to approve the FireDepartment Budaet as proposed." Clm. knight seconded and the motion was passed ananimously. l\ext in the bu<het was the Street Department. Much discussion '>nsued about the sewer project in Home Brew Alley. Mr. Leibelt said that two and possibly three more men would be needed for the project. It was discussed as to whether the City would assess the propertv owners for the cost of the project. Clm. Hodson r::oved, "I make a motion that we approve this budaet with the stipulation that the property owners pay 2/3 of the cost of the sewer replacement in the area benefited." Clm.. Lowell suggested that we approve the budqet with ~ contin0ency fund. elm. Johns0n seconded the moti on. Discussion followed. Clm. Leirer thought that we must have an eXiJct fiqu re to qi ve these people a s to the cost. {., vote was taken. Clm. Hodson - yes; Johnson - yee; Yulin - yes; Kni~ht _ no; Leirer _ no; Lowell _ no. MaYor Stockton voted yes to break the tie and the moti 0'1 P3ss",rl. Discuss]:)n followed about the City Clerks burlrr':!t. Nr Kninht said" I n,ove tlv,t we approve tre City Clerks budget." Nr Leired seconded. It was passed unanimously. '::itv M3'1agcrs nud".",t was next for consideri'lti')n. It 'lias suC'oested trat F'ntortainment fund be cni'mged to Pr(')motional Fund. ~:r. !':niqht .oaid "I move that tl1e proposed budget for the city :1anaqer's office be approved as presented, except tha t pr'motional item (No. 606.00) be cut to ~800. 00." ~',r Lei rer sec0nded. It 1flfl~ pEif'n(~d undr,irnotlf'ly. }!r Kulin osl-ed if He Lea'}11€' of Alasl,an Cities paie its own way. .here \>Ias nothing but praise for tnif' convention. Mr. Lowell ri""f'cribed it ilf' a "serr,inar on Cities." The next item was taxation, Enaineerin1 dnd Inspection. Mr. Leired said, " I move that we accept it." Mr Hodson second8d it, audit 'tiae; nassed unanimously. uiscuspi n followed on City f~ll about roof repair. Mr Knight moved H J move tnat we aprrove the city f:al1 budget in He ar1'.ount sf ';\3,100.00." Mr Eodson sf'conded the motion. I.Ir. Leirer voterl no, trc motion passed. As to the Ac'countinn Depart~ent, Mr Leirer seid " T move that we accept th~ budget." Mr Kniqht seconded it. It was passed unanimously. Next item on budget wac General Arlministr?tion dnd Capital outlay. Discus~ion followed about the various conventions. It was the opinion of some that tee hospital itpm should be cut from ~16,OOO.00 to $12,000.00. Father Huah Hall told tl1at this rnanpy waf' needed as a backlog, or something to fall bac!- on. lhe hospital doee; not plan to hire new staff but needs this money to get along on. He stressed thiJt just becau~e there was $4,000.00 a quarter available, they would not ask for that amount, tlc,,"v would just ask for what they need~,d. Clm. Johnson was ex~ue;ed at 11 :50. fhere was discussion about the ambulance. I<'~yor Stockton su:rgest"d that the meeting be recessed until Thursday evening, !June 4, at 8:00 P.!l. The Meetino was reC"essed (it 12:08. I\tt t. 4" " , , es. '1 / /./ ~;~?,t.rJ! L~fl(/ /--<$./'74.. "t,1 Ci ty Clerk: f A PPRgV ED : .. -2U~ .~. AEJJhV /, Perry R 2tockton, Jr. {Mayor I 76 2Df!Jl8D, ALAS'rJ\ Special Meptinq, June 4, 1959 ~ ::0 (') ;t> ~ The special mepting of June 4, 1959 was reconvened at 8:12 P.M. hy Hoyor Perry ~tockton, havinq heen receSRed on June 1. Present were Clron. Hodson, JohnR0n, Kulin. Leirer, and Lowell; City ~6naaer Headrick was also present. Absent wal" ~lm. Kniqht. 1'he purp0se of this meetinq was to accept or reject the pru- posed budqet for 1959.60. City Manaqer I;earlrick reported on the questi0n of whet"er or not the City could assess the people in Heme Brew !\lley for the sewer re- placement. He said that the City coul d estahlish a di strict, ahd the people in that district would be assessed for the replacement. Another alternative WGuld be for the people who desire the sewer replacement to come in with a petition with 50% of the property owner's siqnatureR. he recomrr.ended that they come in with a peti tion. The property owners of that seci::>nt cou] d be assessed for 100"!0 of the cost. Clm. Lowell recommended that the City pay 1/3 of the cost. This could be the labor cost. Another cut in the Street Department, besides the sewer prcject, was a $1,000.00 cut in salaries. There was a $3,000.00 cut in l~quiDment, :"uj:plies, and Maintenance. A discussion followed on the advisability of spending $1,000.00 for rewiring the Street Department Building. Sevf>ral councilmen hel d the opinion that the b1ildi ng wasn't worhh putting more money into. Clm. Lowell wanted the amount cut fr<om $1,000.00 to $100.00 for the wiring, and there was no objection from the Council. It was decided to wait till the end and combine all the sugaestions together into one motioh. There was a ,iiscussion on the item of Damaae :::laims. Sincp there hacl been no call to use the amount bUcQetprl for the last two years, and it was felt that the Insurance Fol icy should cover the Re costs of damaaes, the Council aareed to remnve thf> item and the $200.00 proposed for it. The next item on the pro~osed budaet was the Police Department. City Manager headrick reported the chanqes made in this section. The salaries were reduced $1,800.00 and the Clerk-MAtron would onl" work a 4-hol1r shift, from 8 P.H. ti 11 12 midnight, for] salary of $150 rer month. $150.00 was cut from the special services, as havina extra patr()lmen on special dAYS and holidays. The purchase of a new vehicl~ waR deleted fram tre budq8t,(a cut of $2,000.00), and $500.00 was added to Suvlies and Maintenance as tl1e old car will need much worl: done on i t. ~noo.oo \'raR cut from office supplies and ffi'lintenance. This totaled "! reduction of e3,550.0Q, ',lith continued 24-hour protection, and still four patrolrl'en on the force. Tee councilmen dif'cusseri "atious rrethods by wr,jhh a pilt rolmen on duty coul d know if someonp ,.as call inq the sta tion. A motion was in order to rescind the motions of the previous me~tinq. elmn. " Lowell !1'oved, "I rreke a motion to rescind all motions conc~rninq the proposed budqet.made on June 1. 19SQ. " Clm. Llilirer seconded lnc1 the motion passed Clnanimousl y. Clm. Kull~ suoqested that we cut $100.00 off our per capita ratinq for the League of Fla~.kan City's Con'lention, since cur IDpulation vl'iS no l.,nqer 3000 but closer to 2000. The opinion Wi'lS gi'len th~t this figure was more for publicity purpc's9s, awl the extra ;1:100.00 w"s .Torth it. Discussion fclloweri on the'::ity J\ttorney and insurance rates. Clp."i. LO'.lel1 wished tr,s.t a~l apL,ropria"ion for '-It" am,h.:lc;rccc, group be put i:,tG thc bLc-lqet. }h.1ch rii:OC'lssion fcllC\'Ted, ',dth th9 consensus of opinion bed'1} thJ.t if the Sales Ti'lx comes in better thar, exr:ectpj there will be rr:one',' fcr the npv' amrulancp, or if the ambulance aro'~p coul-l wcit until tbc- next fisc"!l ye"r, it c::JUld be put into the nc;{t budget. Clm. Leirer sugge"t"!d tJ-,at Cit" }1an3.qer Eer"iirick look into the TT1iltt'H as to whether the insurance r.ltC'''rfla'i ccme 'lr si'1ce 'l'~":.,,c,) Pit in tnplr pipes. J Dis.;ussion followed an the legality of th0 spl:t-mil1age nb~ of taxation. It was f -,'T8d th t there; 'N()uld be a test-case 0f the legalit'! of this rcasur"!. Clm. LO'..ell moved, "I make a mot ion that"e accef't tile amended budaet in the amount )f_ 1228.400.00 for the-1.~c;9-60 Lie,,;,,] yeiH." Clm. Leirer ",econded He motion ann it 1133 passed by an unanimous vote., Cl'!1. Eodson ;cloved, "1 move that we set the millage rate of 16 Mills Real, and 30 l':ills Personal. elm. Johnson seconded. elm. Lowell thouaht that the split rate noer-n't stimulate any interest in fixing up or bettering anythinn. elm. Leirer veted no, ~nd elm. Lowell votnrl no. The motion carried. The budaet was ac~epted with a defi~it aR thR }}jll '(oj'e wasn't eno\hJh. Beina, no f'lrther businesc, the me<'tina adjourned at 9:30 ;).F. APFROveD: Attest: ;;:/ LI t __ /J[d/f~".fi.(,4/!Ll "'__,___ rt~.L__""'__l_ ~ ,- ),. ~~ J!. --<ll1:4<> .~ Perry '. f'tockton, Jr.l- Hayor r '7. .Jr ." {' . ' Si::,'lJP,'W, I\LAPKJl. Reguli'lr Meeting, June 1 0 . " 1 'j5~ on June la, 1959 T,~ reqular meeting was called to order 8y-~~ye~-S~eG~~8F, havinG heen PQstp0~Crl on the re'JUlar dnte of June 15 due to a lack of (lUOrum. F.oting ~~YQr Knir<l-jt "F1E presiding, and Clmn. Johnson, Kulin, Leirer, Lowell, anrl also City ~~naaer Henririck 'Nere present. Trc mi nuteB of thp sr"oia] meetinG of June 1 were r"3d i'lnd 3pr>nwed aE rpad. The minutes of the speciiil rr.eetina of ]'lTIP 4 were correct"rl as follows: T,e motion setting the fv1ill Rate B" 16 anrl 30 did n(Jt pass clue to lack of fOllr affirmative vot"". The inf'urnnce r.'tes Mr. L",j r"'r queF't' ,..,neci ",_:;re> tJ-:p ri'\t.~F' of t1-,e Sewarel Fish enrl ~,..,ld Storaa"'. The ninutcF' w",re ~Drroved as ~orrecterl. Under Peor] I" l'resent, Mrs. Juani til Everett asl-ry:i thp Counci l to make a reta i:1i nq wall or SCIT'.0 kinrl of pr':>vi5ion on ner proc,erty, sinc:e the qrade ':I'n:" 1'") Eteep up to ner home. The elirt WClS crumbling aWn'! and t,e crnraae waR inaccessihle. It '..as r",membered that tlcis rf'CJueF't VTClS brought up at an earlier rr.e8ting anrl the minute!" "18re referred to. 1;\ the minute,; of November 3, 1958, her petition WAS br')ught befnr8 the Counci ~ anrl tempora ry pt~p; wer" tAken. Jl,T'.other instc:nce wa s recorded where in the sarre rer.'lest the COlmCn dec:ided that the City i'J.'lf> n,..,t ref>r0'lsible. 'I'''~re werp ccnflicting vie"I'; "1' to wher~ the repr')nsibilitv lay, and the C~ty t'l.3nAgeI will contiact the City Att')~ney 0'1 the matter. The next item under Feople rref>ent was a requeEt froIT Torr P~ith, but ~hiE war hyrasBeel r~caus'" of his &~sence. U'lder Old Business the Garbage Contract W'lS reveiwed. The City Manager i!1formed t'1e Cou'lci] of the exrenses and incomes of the businpsf; from & recap sheet provided by Mr. Gallo\~ay. Ib t';F)uaht that from the inforlTl3tion given hirr that [>'r. G31101'[,lY was not making enour.h money, hut that he would need a mcre eom~lete financial statement before he dould gi ve an acc'"lur,tant' s opinion. The Counei 1 di scusserl the al ternativef befor" them: call for new biels, AIle," increase of rates, or th" City go into the garbage business. Mr. Galloway th')ught that an ~dditional rate raise would put Seward in the top braclcet as to c:harge to customers, and it ITight not be recei v3d too wpll. "I" thought th3t mayhe someonc else cC:.lld bid on the proj ect 2nd make money on it without haviJ1g to make an adrlition61 rat'? rClise. fefter more discusdon, Clm. Lowell said, "I move thdt t~.e qarbaoe rateI' be )ncrease1 ~.50 per month acrJf;>I the board, includinqbusineps and f'1erchdnts." Clm. Jornson secondp-r! the motion and it was pansed unanimously. Clm. Lowell amended tre ".otion, "and thaj: the motion he effective as of AUGust 1. 1959." Clm. Johnson again ceco'lded ine motion and it carrierl by an unanimous vote. ThO' next item under Old BUEiness was tr:e ren+:al fea an tLe Bee Building. The ;ninllte~ had been checkerl and there had never been d fee set or i~corpor:tcd into the minutes. Clm. Kulin thOUGht the differerrce in charges ,^,ou~d be UP to decidi:ccr "ho is hon-profit, charitable orqan.ization and wh:> is n:Jt. Clm. Johnsor. 5ugcestec that it be lcft up tc the discretion of tha ':::ity t<lana'Jer as to '..hat orqc;C'.izCitions fall into this c,:tcrrorv. After more discllssicn, Clm. JohnGon Baid, "1 move ..ib.ilt th~_.,.at€[",_be $50 a day for _ non-profit, clHritable orqanizat:!oonf', anc! $lOfL.cl__d.ay' for those meetinqs for personal crain (Pzofit). and to decide trp-se wil~ be left to th3 discretion of the City ~lan~1, or the Citv Counei l~" ':::lm. LO\,-",l1 seconded thE' moti on ~nd it '..as passed \1:1anil'1cusly. Clm. Johnson 'dis~,eri to seek authoriznticn frJIT. tnc (~OU:1C; 1 for th0 ef'1all Boat lenrh':>] Comr.:issicn to put in a float wi th tnnks, fuel pumps, and a house for stoTACle. The totnl cost c~ thi, in~tc:ll,~tjon 'No1l1rl be '%.600 to run over d ten year period. Tl-te C,~mmisdnn har: hudgC'.t2d for $500 Der year :If t",is "mount c:nd 'NOU~r! derivR the balanCE fr,:>m the pr,:>fit on the sale of gas il'ld "il. Fron: the pr::->fit wou:bd c:ls0 -:::ome money ;(,r t'1e Harbormaster'p s'31ary. Clm. Lowell moved, It;: m9-vc that th'? City Council allthori'.':- the P.ayor and th; City Clerk to a;:;prove tDe }:arb0r C0mmission's rec~uest to ;Jut in a Y~rine service stuti~n at the ~m2~1 Boat D~rb0r with Standard Oil Co." Cl~. Y.ulin seconded anri th", moth:, passed with (~lrr:. Y.nioht abstai'linrr from the vote. Next was a report on the hospital deficit for tr" p"rbd ending Junp, 30, 195~. rdth<'r ~"!11 hai re'11]~pterl $5,080 that the Citv had previouf;ly i}crreec! bj moticn to cover. 'I'1.e salaries h"., be"n paid and tr',e res: of the accounts 10ft "3re waiting in anticipati-JJ. of the ~5,000. ~sked what the deficit rriP e~c" n~nth, Fnther ~~ll ans..wrcd rh~t it Wil S n3Ve'?r less than 31,000 d nd usua 1] y in e)l'('p's,- of tha" anount. TJ-,p Ci ty Y.anaqe" stated that he thol;oht eno\.;g11 money 'NO\.;~rl be C0f'1in0 in hy July ~ t,) take c.lre cf ths mc:tter, and also tnc deficit for the school b:.ldcret. He 1-;ould try tc divirle n.3 amount hebleeJ1 t"~ sr:hool ilnd hoSrit'11. elm. Lc,wel] said, "1 move that we'? uuthori7e $5,CCO to cover the hospiti"l deficit for p~riorl c;nding June W:-T9S9-,' wnen it become:: aVuilable." r;fm. Ku1il' s8c:ond"d trlP. motio'l a~d it Has passed unanirro\1f;ly. r= 78 ?D.'!{\~~, /\.L[r'rr ?t?rr"~~r !"~c>:~tinT, J~]n.'? IE, lS;~9 (CO:ltt '"'J~f'.' ) ~ ::0 ,..... '''' ;J;;oo =- ~Tn-12:r neioo.' t'ne:i,-,cs3, :::itv !"c..,3r'!'?r ~ea--1ri.;k ~r,)1Y"1rt :.IF' +"J.,n ;'~0:l :,.,r~,.:.r;~: l-.".' htJ.-1 7rll~:('-j over wit1: l:r. Lj ~bcl t, Gf oiling Fourth ~Q.vc~'J~ ',litr. d liG~t fuel j~ 1. T:lls '''''.(;....:., ri frer. tf1P jT1,~ 0:1 the water waqo::;. f ~r n+:hcy rl.ut i es. Tl-..F Con:,""" i:. -H ~ ~..' -~,?r1 the 6.rlY~E'1rility c,:: t},ls d1;ti~n, J.nd T-:~0rrh~r~,~ 3. pre-:vic'J.:':: ti~ '_,rr~pr +n~s ~a4 beC'f'l rk,'12 a:r1 th., ell r."<i beon tr;1eker1 into c"lcry ht::,inps? ,,~t~",l i:;rrr.cd or, fu,utr, ,1l,ve. F.-::t.i.!"1.q-Y-l:l"'I':)T Knigr,t SU('fC'"0r-+?:~ that W3 ~;:ri+("I to Fuirr2!1}-S :l~ th---:"f j:) tr,i~ ~\"cr",r ct'~,~r. Tr,(? (;it" HdriQl.jer s,~i'i tLri~ 1..' r:1--:'~'.,r~y ~'l::-Ul..; ~.]~,.,? J-~ 1.~ \-.i:'~E'd f2j C"1e .t~y, a~1 +.1; (' '.ir ole cpf'?rG! ion -r.,Tl1uld -t,.=;k:? th:rr?p- j:1Vs. T t k"c r: tnc C(:T1s~n:::j!"" ~)f +l-'c ~ ;'.1 lir:"i 1 t, ~}'0r:'! ~,'it~ Fa.ir'-1en.r:::: c!1d -:p~ -,irst tr~ cost '';;.:1:-- arr1 +}:(l.r pr:-;rl""fT1S \.,i:-'"' it. The C;i ty M:m.rer ":h('r q,w" tr,~ 12"121 OT,iTdor ~'L:t h" '-,~'1 rcc-o.'-r0d in re'Cc:rdf' ":'0 the rGcAIl petiti,-"'" of tl-,c ~~hocl Board. 1-1r. Buc!:"le'.,' hv'! ",,'<i tJ,,,+ ',f' le,ng ,is t"''} City is sun: th9t ~~,2 petition ('onVlins 25"10 uf tb: pc-,p:r,e \l.'h" 70ted > th ]a f't aur,erI'.i1.tcri 3.1 de c;: icn th e pet it; en C3n be ;} ~eel-t8rl. 2i x nur<irerJ Leop1 e veted and t'1ere ar,", 24C ni:rces on the petitior. Peeple ',ri,,]-jnrr :() h'lv~ :r,cir p,a mec taken of f thp. peb tion rr.ust state th ei r '.vi "hes in 1Hi t i 1".<1 or carre up t c Citj' Hall and f'crat~h thei r naT10 off and ini tic,1 thp. f'cratch. Everv person recci'line f'lrrnaturef' ml1d have a ,1ign8d affidavi t savine th,'l+ th"y wi tn"'''I'ed ,",v"rv :irrna+'1re Cln the p'~ti.tien. fI, cO'l1).,let,", hOF:e arlir""", EU3t ",If'''' aceomt=any every d'lnatur0. p,s Goon as the petiticn is determined valicJ b'.' the City (;1erk, the CuuT'icil must Cull a sr:;ecLll session. f\ sredel elc:ctior :c;.;st then be ~eld i.n not less t!1'lr +!oirty-fiv" ':Fys ani net "'OP thar> forty. No nAl"eS "i'ln be t'lken off the petiti01"'ifter it h'11" bpen ciC'rtifi'?d. 11r. "['lIter f11u~ 1-,rought uut tr1':' t~r:~rrht that sinc~ the rraturity date had aln>6<'ly e',rJir'?<i it InUi't be> certifier! as SOO1" as possible anc! no more Cllan0?f' shou1r! 1:>8 effected. The fi nal item :m the ,laenda ',vas the changei' ma<ie in trc 1 J5Q-60 Gef1cra 1 Fund l3urlact. 'I'he City l'Jc:naaer reporter! these chanr;e,o ef; follo,vs: Ac~ou1"t #905.01 Plar,ning Commission, add 1;l,500.CO for rroney due to the P,laskan Housinrr ll,uthority far Urban-l"enewal. Account #305.C7, ;;3,773.79 for retiremer.t of Hospitc:1 c;onris. These ehC'nqrs hrourrht t~(> C;epital Outlay to $92,193.79 anrl the total ~xpenrlit\lres to $222, ']73.79. 5,.<5' "".z,z ~ 0/13, 7 '1 There was iJ discussion en the leaality of a split Mill leV-f. l':r. Bu-::knle',v tho'Jgllt that the City woulcJ stand a ::rood chan':8 of winnin'l' in a t::?st casp. of thElt sort. A law has made 1.'lc:rrantl'l of Distraint illeaal. and Hr. Puckalew is lookina into this. Clm. Leirer rrove':!, "I malce a motion that W8 set t'1e millaqe rete At 17 for Real and 26 for Ferscnal.," Clm. Kulin f;ec::mrlcd the rr()ti~n, Clr.'. Lowell "oted 1"0, and the rcDtion ['.<lssei. After d dif;cussion ::m fales 'l'F1x. it Wi'f' concurred by the Council to hire 'IT'iotr.er man to r,el p t}1 e (~i t y JVI-anaqer auoi t tile books of the rr.ercharct s in tCMn in nopes of collectin::r back ~alef; Tax. Tl1ere was a discussion ilbout a bl'lnket ]:Celiey decided to put thi.s out on hid ir tne future. City Hmaaer d crance to look into the matter for the C'it'I's insurencG a.nd it Wi'S '1'r,e mctter WiiS tFlb1r:] to give tre further. Th2 meetinq ',vus aijourne" at lC:55?M. AP, ROVED: l\ttest: .i~J:z Y! c Lu ~ d~; City Clerk f r-J ~?...t'&i' rerry' . :"tockton, Jr. /- l'Jay8r /7)2-/ J dib J/ ~ Arthur Knight -' Act ng Mayor :'2:lr 2:, .;U~.~1::r ~r-:ecirjl ll,dj . ,urned rleeti nrr. , -,UrlP. 25, 135S 'r'-" ] -4, o"rnn-1 rreet' nr of Jun" ?4 "Tii" ca-ll"rl tc. order at 8:IC Lt:. on June l~. ope r: 1 (~ , u. ,_~ u . '~'... I j: ~ _. _ 25 by ~'~i::YCJr ,Qtoc}-tO:l. rrpscnt '/lfer~ --:lTrn. -: edson, Kulin, l-..nicht nnd Lov.:ell. [..b~-)rnt weTP ::l',T:. Lc:irey and .JounE:......,. .raso p!'"esenr wer,. .':;l.+v l.'uL..'-",.):::- Le::;~1"-1._k c.r~-: Cit? :lf~r:- .~ ~.,c'!-.:c .:;r:.~H~ rrl- .~-::, ~:......-: ~::' y;}:.~ "!"t:2-!ue~~to-l tt": ~l-,,2.,k '....;err- -:.t+-,Y"'lt.l/~~ :-k':-!C'r \i~j f>....:ry, .rcI_Y-"'~'f:,t-j:-,(,:," :.1-,{""j jJc::r'(:- .);1 ~::; t""'Ic~':)ol =-~()3rcl "lNr..) '{</ere 1-')~:,in(~ petiti'.)rc~ fur r'.:::c>-jl~, 0.:1J l\"jr. Bu.::k5.1Q-,'J, :;It-r :'\ttc.:rne'r. 1-- 7"J! I f', ~ ~~:-' F. ~~:D, :"cL_!:..::K P Sr~~:dl :l,jc:urr-.i~i Eeet:na, June 25, I'_; (CQntlT"~",.i) The Co"r,~.il turned t,~ U:c first itere of h-,,,'np.<;<' \.""is~. Wi"'3 t'1e rrpsenblticr of tre ?"""v,l Daarrl I~ecall Pl}tition. Eayor ?tocktop gavn thE" rlPtition to t:-c Council memberc to study briefly. The City Cler!.: stated tleet t}.p peti ti.::m tlaE p",~,,(',phi to r.cr and tha t she hi'ld eerti fi eo it. Kwor?t xktol1 ar!ied U; ,"t :l- ~~i ty ."tt orney, ~"r. 'luc:'o.lm'i, hc:d, been concultei t', give 1'" ac1vice en the pntiti0n sc. thAt his intprpretntions could be passed on to tIle Cou:-\c:il rrem':-r". ":r. Bucl--al e'" shted tlBt pecJr')'" hal gone tc ,) lot of warY- to ('Pt tl-nf:eti hon t'DPH"r And AdvispeJ tnnt the Cnunci] .,ccrcpt He petiti, r hut not to hold an election beca1rCic th(? Low (k,ef' nelt 6Dn]y tv tre> ,~d".:o()l ">lFl ,',ccauEc they were ;bite officials instei'vl "f: I/;'lpjci;->al official::. Clm. ,'ulin as!:ed t",d if pp petition WiG i'lc:-;Apred but no electio'l was held, C();;'-1 the r:etiti'lnerf' file suit and could a cOlirt d"tn~ TIe t};'lt t"e officers were r:'unicipa]. Hr. 'Jucvalp\'1 ""lid Hi" f'ir"t the SOl'ncil snclIld t;,ke t'-e c)ositicn trat t\-1e petiticm '0>'" ~n.ly. !-Ip aloe sdr! t"'at '-( had tt-E" opinL)'C ,;F :};e ,;ttarC1PY (jererAl ,"nd ::;rnerG and ;-]-,.It ',:rjtiw:r tne !'tt:nnev r:;"merii for" writtf'n or'; ni 'n ','lOL,1d n~,t naster' t)-,r IT'att8r. r, cOurt Yi,l in':' '''Duld bee t he> only wa' to :'illd Ollt if the peti tion appl ies "D trr>~chod Soard rremnE",,,. Di"cucsl',n follu^',-,d. elm. l~~[:un a~k"ed if t~e Counc:il sr.:Juld acc~'pt t/:'? :' titi in v-:it;,()ut Iv;vinfJ an 01~ction. Mr. Bl1c1~21ew ~aid yef:. .'\ti-ornev BO!1ov thr>n -r~,T1.2c:t('~ J:prmi:::-sL)n tr:) sivp ;l..n opir.l.r)n. ~:nY:lr <'tocrton and th,-, Council nad :1,') ~njE",tion. :,p :c'lid "'hot J--, agreeo lith r,'r. "<uck'a e<l th,t th", 'TeFrerR of tl1e COcnoolooArd were n:lt inC'lwlo-:1 i:o tl-c> c"'ssion hw,", of clasra, l15S. It WilS tl1e COT'.sensuc of ~'r. [loney tn'lt the :~le'Jol P0ard rremhers ar" n'Jt rrll~.icipal of!'l";als, but arc' <'t~t" off:idAlf'. Tt'e reCl']irempnt" of the Recf111 Petiti:oT'. w",r" reAd lrd one sf th" ::<>"]111 rp'!:''r\t,- i::; thAt the pot] ti on if' to he f'icmed hr rnrri stererJ v.:lt"'r3, i"n-:1 names net reqistprr>d sn0uld rp stricken off thp CJetitjnr,. Clanrlturef' mud np ]"rr'll. This is'' saferrnarrJ frr,!1 pee,ple ',;hJ ,Hn ne.t r:U,4 Ii fip0. ,n peti tion sioneo bv Ralpl-, Pi.de ~ show" th~t fiVE: si!'Jnaturec have ne re,-ir-lilPPc and elate. Cit'! ManaaE"r Ilea-iricl" f'tAtprJ that ilames ,dtr ['0 acHr".,,;:; aT'r:l datL '"er" il8t r,'mt..,-1. Onp petition '",as circulat", by Mr. "-'att:" and it h'CtS l:->rouCJnt ',)'J+ trat he witne<:seo h,if' C)ll'1n :"irmF.ture. Ther", '.,er2 also two names IT!'n+i:mec4 who h"rl si"r,,~d ~l"c petiU",: t!',,;t were' unrlpr th, 1""':''11 votina arre. Or,e of t"",o,",p narref' \1.,,- corT?ct-,d 'it that tirre. It 1;;"E' st"lted n"' l~r. Don")', that O'1e of the oetitlons hoe] :-,een pOE'terl and illl He narn"s t1-,:+ w"re drrned coul--J '1')t p')ssiblv hA'" "'eeI1 '>'Ii t :1essed. '\oney A 1 "n Et '1. te--J t l-ia terrors in t ne petit ion sn 0'] 1 d 1-: t' crnu wis fa r r.o: roldina An electi'Jn am th-'Jt tr'" (~ouncil ~"'")']:o reject trp petition. /'fl'. Blue :3):"\<:e fN tt.", petitioners ami :-"lid th'lt tleev "ould aT"'ply to the law if th~ petiti:m were rejected. .~ttorneH Burr aave !lis orinion and said that tho Council had an ot>liaation to the ~ch()[)l Pwrrl tn prnt",,,t tre:r. 1-<0 i'llso recnrrrrende-:l thAt the '~ouncil ",hnul r-l not accept t1-e peti ti on. elF,. lodson wanted to know if the petition cO'-1:d be r"cofllrren,:lo"d t" ~1-co" !)istrio1 rou"'t. !-lr. Rurr'" enR'/Ier was yes, it could. Hr. RIue s'lirJ that the tirr.e 1 irrit was iroV1rt~nt nccaus", of the COIT'it1q el",cti"Ci for th", City ~lanarrer form of qov,ormnent. j/r, Buckalew stated t"i'lt trere 'dould r-e no hatH caused to tre ::::ouf'cil if thp rrcal1 el",cticn and Cit'f l<Jan'lrrer fonn cf CTovo"rr.li'."mt coincide-:l. It 1;;3.S ask-cd '{nether the petition cou]dl:e returned to tb: petitic:merc. Mr. Rud"i1ew said yes, it c0uld be n~tur'"\.d cn th:l 'Troun(',' "hat it was 'lot acc"pted and rocau,'<e t};o" COI]ndl nad the riaht t J reject it. Cl'T,. ['niaht milrle tre m0tion, "1 rr,ovc thi1t_tJlE!--'2.etition be re'pcted_..becdus8.- Ue reel"l":'st is app~rent]Y ollt~ide,_tJ!' allth?xity of tr.e Council." 'rr,is motion Wiif' secC)nded l:->y Cl-n, Eodscn. .1\11 Clmn. f "'''sent voted yes. The qlJestirm arose as to ",'hether t:1P petition shollld :oe ret'lrned or if it &hould ri?mair in the hands of tho City Clerk. Clm. lJ.Jd"on made the ;wti on, "I IT,O"'" tMt t'1e pcti tier. be returned to the petitionors if they recl'.lest U-,- minus th,~"r;it" Clerk's certihCdtivr--,-" MotSlon wa" secondo':! by Clm. rnjqht. All elmn. present voted yes. The Mayor thE>n ,ill lul for iJ fi ve :':\i nute recess. The next item tho Colilncil turnec-! to ,,<'s the Cit'f H"na()'er [:lecti.-m Date. It was the consensus of tre Council t""t the ehction of th" Clty l""lner;er For:". of Governnr'1t should coindcle 'dith t"", electioCl for tre recall of f,:'.lr TT\E'r:',hprs of the :crool '<oard. It was brouCTCct O'lt th~t it wou1n cost thQ City i\p;"raximiltely ;;500.00 to 1'.01-:1 ? o:pecial elAction if the City J1aT'CJ "?r Form of Government Cli?ction anrl the Redil.ll F},"ction coil'cided. Clll,. !-:I1ight sti'ltsd he tnc1.lrf1ct the peopl", sh.)\Jlr'! decioc if t'-ey Wi\T',~'Jrl t",e Ci ty t-'",narr",r foT'l', of novr:rnme nt before, thp C",neral [lost ion on Octo"E"r 7, beciu se n, is miqht hQye cOClsioeracle ref1ectio'1 UpCr1 tre rcan.iidetes nmninn for ~:ayor and Council. It was ne OOiT',lCn of th2 Council that it wou'--J be best tel postpone the City Mcnarrer S]ection no li''''",r "1c'ln the last week in ,~,uqUf't. It was brolph,t U0 at this ti'lc that the Rec'ill Slecti,on could not he held Ipss than 35 days n.-)r /T,orE" thA'1 4n clays aft,'r oc~:(?rtcln of the retitiof', nv the City Counctl. fit tr,i, ti;rE:, tho" ~qH of July would he the earl jest rlilte trp Rec:~ll 'election ooulo h2 n<"lrJ. The que:-ti on '..''''1' t1c,":'n "lsr,orl if tl1(>re exist<'>d nr: City l<laClr:qer Fon''' of GoverrJTf'n+, vlleO WOll'r:J run. th:c I,:::ity? It Wef' tl-e... eXf',l",inc-1 trClt the :lay-:r ,,')ulr:J tel!:'" ovpr as 1,C'3'1 of t!:w :-:it'.' I,!ite a rred:er of the CouClcil TU'1r,iwr each :~ity',:: (10vr!:f'le'1t. It waf' t"e opil'.Jon of the :'cl,ncil th"t 6 motion f'>oould h" in crrJer to sd th<'! rli'lt<'> of elo"ction :'0]' ire' City }'iana.::r",r ~or:':\ of 80vprnrre'1t. C]:n. Lc',!cll ;;uqC'ested th--[- iO dutp in ruqust .,r::,l.;! r'! I 80 ssr:rp l--;)D, !'.I D:,:'vT :"L0cin1 !:~.~ I~;.rnr.ri t'k~;~ti rrr, ~T'.lnp 7.5, 10S~ (C:snt ir:\'<?r1) ~ ::0 ,...., ,., :J;> =- h<? set. TL,C) 25th of F\l1aust WCll~rl thrn r:ivc ~5 r!">vo b2forp. thF next ("pnera J T:Je(:ti'-m. I"r. filue suq0eptec1 tlcat th0 ~itv Sou:>cil pick a d,lt.-- tc' cOln<cicl? ,,;t" thE' ~c".ocl Poarri '?ecnll Election. :::,," i:niqht ""rie the mcti8n, "~_ :TlOYe that tne '!1C'tiSlI\ sethnq.l2lL2l for thp.:?le<::ticn fur tDeCitv_MarlCl'T0r Form of GO".::!_1JY:.cE'nt l,,,, rpcenr!ed." Secsnded by c;l1". Lowell. FJl Cbm. present V0t'yj ;'0,,-. =-t W'lS t'le c'msenSllS of the 8our,cil tr.at tb> rJ~tp fJr roldinq a spec~~l el ~dinn f:n tre Sity ManOlO'3r Form of Gov<ern="t snc\11d be '1" later than ".UCJ1'.st ::'5. 81r.-. Kriqr,t tr,0'l IT,Clrie tre moti:m, "1 ITove that tt,e rht? of tre c;itv ~lon,,>rrpr Form of r;GY~rnme'lt .Slection be marle to cc,incide with the _c!:lte of "r e12ction for the recall of four 'rerrbers of th",-_:"'crool lOnr,J. cut nc later thdn r'urpst ~l..25'?" SeconrJ0ci bv r:l'!1. !JodscJn. !,11 Clrrm. J:'rpscnt votce'! yer:. Motion (::"rrim. The meetina was 1i;nnrned at 10: 22 P.~1. FJ'FROVI:D: _ay Q.~~U: J.. FeT'ry _. Stocltton, Jr./'- Mayor Attc:-t: ,tfLz"'k,Aa; City ':l'Crr ~*~----------------------------------------------------------------.------------- SS'.':l\RD. n,LAS::A 2egular ~'c"tinrr, J~ly 0, 1959 Tre rer;".:Jar r.nctin~ cf th0 ~itv Cou:1cil wa:, "61led to order by ['aver ftockton at B:cn P.!-i.. I're[:ent were ~lmn. Joh':,:m, Leirer, }]u::!c(:n an.i Ln'tlell. !.bsent were ~lmn. Ku1in and !~nic;r.t. tlso prpsen+ "ias Cit'.' l'ilnil~0Y Headricr. :\0 '-'De as\-cd to bel pTese'1trvJ. lTnCRr oJrl h'sihess, the fird it,,- f:lr disc;]ssion WCiB the lett"r fr':lrr FOlirr'lnLs in re~iirrl:, tc o~linc t1-.e ctreets. 8itv 1.1Qnaaer ;.t!arJrick rcarJ Fp lettGr anrJ it incbded !'C-d uil should !:-'~ applie-l, "I'd h,w Fa; rn":,,Ls uiled tr.~ir streets. The corot is lrt per gClllor.. It wouJ.i cect ;::150 to oil trc ",treet" do\'/n tc Railroad :"trect frorr Churc~, ftreet. p, few yearc ago, streetr: .I"_re oi led and E j n r:-ade the 3trxt" r:'ud-1y ar.-l a lot of e>q:.,C!1se '"as 'dRsted. It took one 'deek for only O'1e nloer. ';'he:-e '/'IerR no ebj0ctionC' tn drolpin" tho r"t'0r. T1-1e next item felr discusdcn w~s th::- re"'ll1 petiti0n for infcT:'lation pury:oses. It SE'2!"R +hAt t1-,e s~lit file,-1 in conrt '';dB invalid, but anothr>r suit was being diiled. JudQe ~lcCarry \I?" cnt of town ;,red sr.,:lld be precent 1'efor2 p'lf,ers were drawn up. ~'r. ;11U8 sairl tr,e sui t was flIed for 30 rJays. Unlesc anelther judQe was cillled in, tr.e rratter ',<fol'~d be held up. :",hctrrr cr r,ot +Ic~ schoel board members wprc munic~pal officiah 'vas tr,e unly important 'luestion holding up the matter. 8ity ;.lanagp.r le'ldricr saH Puckalew na<i not cr~nqed his opinion thAt school l,oard offici de Viere nc,t m:lnicipal offi ::::ials. :::1:::. Lcwe:l s,cirl thd W' 'ire.-) an attornc'.' ,1nrl 1-is Advice wac irrr.,-,Ytant. ~r.r, l;lltt for che connei 1 mer. mav hCl'I'? resul teci frorr, thf' Iud counciJ rreetir,q silid t'jayur ctcrktn:l. ;Ir. qlue sai<i it WdC' r.ot mow'" trat W'lS in"oled in the 1'1r!tter. but just to qet the council tc .'lc:cept the leti hon. l:ext on the aaenda Wilt' tre report 0'0 se'Ner lines ;n Hcrre f1rcw TEev. c;ity J<.1anaQr>r ronbcte<i Ell~rale" and he :'iAifll thp ;:etition w~:- invc.lici. t'rs. ')",ck WaS not aoinq to get another ,etition for sewer lines for HoIT'c Pre'." Allev. :::1'!1. Lowell saici tlF,t mayhe a notioe ~elulrl bn put in the ]~tticnat Gazette to notify the fr>sidents about the peti ti on. elm. Hod3cn saict that paper:- should l)~ r:'jrreoqrc:pr,e::J and',iven to the ,POr'8 in this erna to cx;olain '.<fLv not1oi'lG could "'e ']u;cC' for t'e :-ewer svst~n'. Tre c;i tv Council Hen discussed the lettey t,- Peprese~tdt ivc Pi "ers. 1'. few montrs ar:o a } ist of r,ll(?f' waf; 1__\11:-1 i ~l,Pri f:)y ~re ::'m"lll f'C'.=,t lia.r'-1s:r. }':r. F1?,,'-~r:ck Y.J~~ .~s1:-o~ tr) '.:r:,tt? t" EC'rne,::-no tr'l SP.8 if +-r8V 'rai f:;r~ott0T"" :'3.brJut C~\"'~T"~ anrl it's rp""":")0f"t. V,l,/cr ~tor.l-t('l!l ro;~'~ f-np ) ~tt0r. "r}~ere ~,-;dS n 1"ppd ~or ynnrp :-n:JnT""!'l Spi'l c:e "t t 1- c b::Cit r,a rbcr. c::'he letter i ncll1<i~(~ i nf C'rTr.?ti on ,,:-,o\'t t 1-.€ sr, ri 'TIP pIa nts ann t'h~t hOAt~ ar~ comi!1'l into r-el,.'I~T.-j (IT'l~ ~,.r0 l.:lV0. :lC" [1(onr"r1p Spi:F~C> f0r t'!-0rn. Financlr.l ciifficultir~~ TY::lKP it j;np:Jssl-rl!? fa!" ~ew~r -1 to irlCrCocA mC,;Yn(1'P FpFlcr. 1[', +1-~P f'ncll0r,1',e p'f'cr'" it '<f.3~. f i~,dl:v n-:ti....pr1 tn~+ ;e'tl"ri "-,d been In....J.!de'J i.I' the ~~nAte's rlr~cisi'Jn f=:(". i+ lOr:'Y::f: :1~ t~ouq} :~p'~~~r-~ c}-,.c-)u1d a~t c1~ti()n nn tr~~ rrnt+-cr. r '81 ~= :;,)D, F..L!", 'T':- F\;-'~'J~''':.'''' ,.e......'1,......, 311:_'1' C, 1'-5:-: (C'j:1\- 1 nL.;~':; Th(~ nexi- itf?r~ [or riiscus~ion Wd~ th0 ctrlt11C:: Y0f;'"")rt en tr>l>?vipi.:~. :lTL. :'ul.';211 s~-,~ ~-l +'h,:'t 1:1t.t '...j(::2k he: purr~.~:("'d eqnii)r10nt t:.. r.~rc>i'r~ In:: C;.-l::'''':E:~, v.;,,;.c;, _' :i.,-,n-r,01:. Th.--.V Ern I.r .r}:inr.- '.r; ':nAniJ.~J 11, Lllt :...'1.:1 c;-~ :1-.0::i ~ 3.r-1 r;u+ i'-' ;'~1-t;1r~-p.l ~~. 7~'1.J -:f ~} i::: e:T.lipr:-:cnt is lY~~r.q 1 ;t~___!lle:: ;:.,J'l. It rr,:1"I taE-.c d ,-T~C.'iit1l to (;~..:t L:-,:; r"::~ l--;~,r-. =a'0:," cy:lri net. ~'e ur~~.'rC'1 u.,: i ~ i.r~tl~ rr~cwn '~JJ: r ........ :'C' ne'2r1r'~. ","'-.[V t.:--,rl'~ y- ~l,::; f(~11, ~-;r8:'1;1 r- r':~IPYcr 1, it '.'~1} l. l~' (;1-'Jlrc-'el 8 n?~r ?.If-:;'; rp 6.v;li}.-,1....1c fr0~ T::ildwc"_;rl. 11 r:--w.-:c-y f-1}:,:,-J- ',i! ~_1_...., .:;: ~,,,, ",';"~. :_,:~,-4 '.:; t: ,.., (~OS7 ::~-'':,~i('Y. j~( ir-!f";-~ t..') t,~ Ed: 1"(t ',.'it\ 0r,'-' ""\;,n",:-: an'" ~CCJ':: (.....:~~ ~L::.,\..:n, !1 ,,.., lat.er '. f'tc:-r ;- :'"'.'!'? .....l-r~,.. (~l~. l:~)U:1"t'c.il:-.2 :T"l;~t >." cli.:"b'2:i --:in.--l 2~~; i:) t~ _' r-'r.i:::~ f:J~ " r';::-li~'.Jpt~r t;; (In ut-: the iL~YdntClin~. "':dlc:Jtt l,:,:;....::lta.i:l d:- Vile 10, if' f.:~r:' rr~J'~nt'iin rei"':::-- ~l.:::ed. ci"I July ~C; :iO!l Lry...rPl1 i.;, 1: hAV0 ~ fr~r:::l.'i~~,_ T...:if-l-, t~-~.., :;it.,. =~ '"i:1 LI" 'j IG~;::~ ~)u::i.;~c::;~. ;.n article -:::1!'.c;;::;!"0-1 if': t1 P rp+J-ir::-j-:t Ga7,ette that T.'!. nJ::Jr-t he' '1vailhl:~ :;",' :ept'r:.~mr). '\ i:.J'U.i:~,~x" s1-cuid Lc T-...t.:t (jL ~;.~,.:, :---..,;,T:.t.i~ ,'J.~l'-" t-1-~(... '~r;nt0r I:-'lJ;;:'~'s. ~.,rc"r"rtj..inc:; _i~ Fl11t--rn..,f-i..... in tr(~ :.."'C!i~1e. TI";p ~,' 4-:-- tr.,+ ;:---.: ~ :-~ '~~..,d !!"'V.T 1.:i11 1-,-;V;?~O I-~ F'orr-)~-.t ;:-ervic(~d 1,cf'Jr" i.t 1::ill 8R 1~sed. ~-t c()ulrl l(~kc ti vot:-::, but ifT:/~ ne::e~f"."..nr, Slnc:: tr,p ':oi1ncil 1 ].5 no o~.j,:?cti-~nG. ~lrr;. Lowe] 1 ~"-['r 1- rr:'llqht ur. f.1-n subject t"j-- +- t':-'Lere ~,~F"lf' jl l~at t-er cf '.:i t~.r er::plc;rees E(;,<~il'r; o'.ltside ernplo'fc!ent And rnat t1--ese p",rsnns mupt re""ive peITlIisc-ion fr,YT\ thp Cit'l :>f'1'1","!,pr f,;r r~r'r othpr pmp10vmpnt. ?-'r. Rir}2~f 15 ',.,rorki:lg :1TI tne '-k"~r anrl ~0r tl-p' r;~tv nl:-:~:. '~lrr-. LCl'Jel~ n.....tp.d if trt":) ~:t" ~f1"1 receivp.d t1 ~ uf1.dGr.<rr(')1J.~(l u]."'!'1;' !'Jr t" ~ T:_T~t~r -:!~i-):;rtment. 'Tn'?' ':~it'l F.?nanr)~ J-:--\.Jurrl't trLi7 he ~',~rl TT1."'J'je ~,n rlrJr8pment ~..Iitr :(i cr,cv t~i2t ne wO~ll.d }-,o1i nn n'Jtsi,--L... ~(ihs. ':~ln. Lowell sai'~ ne iirin't set: :-Oi~. a IT'rOn CO~.l:--1 wwrk at 'mother icb and ~tilJ crrry on t,i" rlUT1"s at tr.e ':'::ity. lie is nrt ti'~'lnc "nv',''1e'p j c,b frorr tnen:, hut elm. LG/Jell would Ii 1r~ to se'.... 7.nl~ Irnt-t.("y ':;0ttled.. i":Oyhe T)ir1-2'f could '""or)' on weeb"nrls ,,",en nc; ";el']''! '10t n;;'10 to wor:-: :'01' tlw '~it" tnn re"t c~ tre '1C['!. r., rli'iV off shoul::J not ,'e tal-on heCnn"e 'when the r;o1-1ncil )-.j FClS a ""all. '1" sht"']" stliY nil t~lC jJ\-.~ LClir~r 'v';llld l~1---p -t'J ~urr(Tp~t tnnt t\]P watr~r -l~~-~~rt:n('::t S'''h~'~~~ ~~(' ;:r-F<Jrl!'7d int'J tDP strr-,nt ripri~ytfTif-?nt. LryifJr.:oll sAi.., t~=jt +'~erc fir,)'J.ld not t.e (~nv r;ue-.tl('n on t1-.i~ as +0 .mthnrity. This :::nr11]" rl"> )'r0u~J.,t to tr.~ ",ttentin'1 0:' :"e E'rq:;]::vc->os. ~lrr. 1c:/,'lel1 s,>i::l tnAt tnr, same tl-in0 Cafre uc teforp 'lnrl ir" TTtilit" BOi1rrl f'liled to act, ICC t!1? r;itv 1".,:-]0,'1'-1' hAd t, fin' the memo C:IT,. 'bdf'or s,lii tl,'l+ a flvo dElv ~l1s~rsinn shonld }-0 a qoed r:1Jl1~ ~rF'~nt f')r ~ fir~t r')ff~l"l.e"r., 01l+ Lowell stFltpn trFlt t' is ..,m~ nr;-: -..: fi. r~t 0ffensp for Kie'1ev. ':lm. Leir"r f'airl tri't ne wcuJd like Cit'.' ~';:'1~rr"r Ilpd-1rick to brinrr Uj:' at tre :Jtilitv !'o<'rrJ Tn" cotter "f cOr.''rir.ipG th' st"'?etD-l wate.::- -leriHtTPnts. Clm. LO'<Tcll SAid a mrti:)ll c;ol~d be '1'~dp ~,- ah",r') these b,,, dep'lrtment". He alf'c sto,ted that ~ ffiPf'tinC' sP2P~:l h~ C'idlri ~nr +h,if' purpose. CJm. ~().deU ~'"rle the !Ce,tic',. " I 'noVe> t8 call for c; s[Xlcial Saari me"tinr::of tnc Sity C.:J1.lncil and Utility Ro-,rrJ" ,lee ~"'1:)n 11~ .'p'o~'i:-sit:l ,~, far _tJ...::::'.. ;:-;urDose of tre r;itv ~t ~bsorb tne i,;,JtP.y 6n'~ street departrr0r.tr' 'inel r'l'T''ri}l)J:1Cl_the_)lE1ter and street deuart:-nent fn_r mnre eCD,<romical use",." elm. Leirer soco'1ded the moti0h. Jl;Jl mombers presen.t voter! yes. Nevt 'I'uesrl"v ni':)'ht at 8:00 P.l". is trp -lAte ::"?t for tr ~ meeti nq. Clm. L8irer tnen br::l\;0ht UI tn" E'uhject of cl... :pin"" un :1'1" city's vd.c;ad lotI". He t'1:)U(Tf't some c;ction f'hol!1rl j-v, t~l:l">n i'l thi", Imt"'Jr. Citv /lar.a,rrer Headrick st2tec1 t","t f'f':Jc10 1--~"" c"lled in but te., m,>ir it.i,,'" rc1di1'1C' t1--ic- ;'lrJtion h'lck if' time. lE:;o)'lle m'lV' Pi'V" to h" ~nrced to "1",,,', 11r' t1--eir lots. l<ime<'Yj"fi'i,:nerl sheets shoulrl he sent t. t~pp,"? G~..'n,:rf'. ]f trer"'-' if" a fir~ ha'7-ird, thprl:: r'~':1dC':nniltion r.r~~t bR presented. n()f-i.~(= CC\'J;:i ~ rlln .in tnc } 2ttiC::OAt Sa?,,-::tte Bf'r: Sf-,:--.t ann.ouncem€'ntc COllI' bp P'.Jt OV0r the r"di". T'1i, 'vc:;' d help ("'npid~ri,nl'f. Letr<orp "=,oul-l cJlf'o bE: f'pnt to ,'-"Tie .,pc:>p1e. The fj r,t it"ITl under ~je'w Busir'ess Well" tre c.Jmrr'lnir.,1ti')r\ f'Jr tr,r ;'01 irJe Je,.6rtmerrt. ther':l is a 10" frequency and a hiah froluencv anj t'1e Stat", polir'e h,>va a high frsqucncy ~nr1 t'1e Cit'! has a low frequency. T:,e :'tClte r ,1. c;e. '::it'f pcl; ce An" t1--o IT.E:. /liil1'sr3.11 W3rt' on n.p samo nii:J. ';jt., police won~c1 "a're tc ,s-,,,itch ever tre ]:XltroJ ancl th" racliD in tl'.,,~hi2f of ;"lie"',, celr t,., "pt one c"ll to p.ae), "t",er. n.c ,1lDLthly basis w,)ul," cost !j"? [,t tn", cn'1 cf a thr'" ye,;r ncrio-l. '",2 W:J':~i b0 the ownerf' of tree radio. f~ letter '~!::.B rea,--j fr.JTt tl~0 ~orTl~UniG.~ti'J~~ Em.;.i r:.mc!lt in t!1croraac c1_csc:ribinQ terms in \:hl co,. the i~r1ts cost. ,:1::.. To'1'1sr;n, s"Id it ',"ould cos' too much m:;r::>y. ~tatc ~,='l.ice 'W0::; i t;8 furnis~in(~ t~e i1Yj!:~t'~r l;;I~t. Tre> Gcli~0 _lc~I,..:~tr_r;r>,t wc'.:irl rc pl'1~.ri-'lC fuT twc unitfi ;;n.j a Eparc unit tv blor;k it. 'l}p rrar-ter '.Uti+. 1s tOG expensiv0 dnd ~ould l,c sclrl p.cisilv. Tr,e ?bte peliee coul-l h,"" the pcJice -l;"I""t,.+"1'. Fll ur:it:- ""In taJk +',) O:1~ arlot:-0r. ::1:1:. JOJ-.nsr::n sc':.id he seE-'s no r,oint ~n the ~0t Uj:.J. r':l~.. L;"'lrc:-- f-;t::::tr:::l Ulcet on ire ,.,i'1;t ef th2 4H of July dan"". :::2 r;oJ j ee :01]ld pot r(> hl!rd. nere w~s Fi notp drcpped fr-:c, an airplane for iJr c::"'brl'2nc.". "'Jt it C,,1]] d be a c,'ill for ~!-p ,"ell1'''''' der',>rtrr.ent and :!-rv wOlJld not h, an1e t" be rO"le~ci. (:lm. Lrr]SC'l Srlg"pstc-1 ::7') a rrrntn iJ1Y< '1735 wi tt it:" ~r'ide ,1'1 en tne old radic. Tte C'tato noliee "2"(' e'CT.rnSf'C'''" 0(>f"rp tc. cor.:tect ~...;it}-i ti'f' ("'P~v'J,~Tr1 rr,lice ~t?pn.rtrr(:'r1t. Next ~n thp ,0PP--lB 'In-ier ns'.- l,usi~ps,:' was tr~ a -iD'); '''"It''llnn~ of DeJ n0h'J~:1s .....:) ~~arter CC:TT''''''is~ion. =.~."~. Lsi.r;.-r ~r1~ tr.:= rnoti'Jn, "~.-:J...C.Y_'?_ tl-,]t Del I(obt~;~~j be :-:p~'c~nted to the ~l-,0.L.t;r r:.)ln:rJssjDn~"_ l~otioT1. spcondo:-1 r"' Slrn. Johnson. [1.11 JrPF.b2YS T'!"~'sent V0t8r1 yefl. fT 82 2S;1J r. r..>i) n ~_.P\S't: ,i-\ ~?p~JU'--~-r >\:~tjnq, J111'/ 6, lr.'5~ (-::~,r: -,,(, j; ~ :::0 ""' '01 ~ :..c T~? nc;xt iterr: f',Jr riiscusr,'i0r. v.T~~ the' .su'h-divisi......>: of B6yvic't1 }~rr':. T}~8 F.};.,::,. w:- c to suh-"ivioe the 'lXeiS to 1'2l-,,, the 1 at::; MC'rl? ::;FlI",~c-l'. The Cm:nci] r,ud ~pt1rO're ,:'If thi F mat-l-(,;l". 21:71. LOT"yell statE:---! tlo,qt beth l::t~ ~~ 2;1. D.J.d no -q] 1 ~ys. Fr. Lon"'";'11"! did tr:e survevin0 f~r tr,e :".1'.,'. Cll". Eosscm mane tr'J Pc,otion, "I movs th,it ''10 reject t'" is plC::1 c;ntil +1''J lDts P 'lnd 2:'\ of Rlocrs ".] and 32 have been c':lrrected to pr:)vide for__eFisement~" elm. I..'2ir.?r ~;;c~')ndC'r4 t:-e mc+ :'In. P'.l} ~emb0rp pre~z~t VOtS0 yes. Tl!8 next iter; f'Jr riiscussi0!1 u~ij:)r np~,,: nu~iiLCSS ~..lAP tJ:,:, }-..iri::l :'If :-in (l'Ssessor to ev&luate law1 and ne,.; Etruct'ln~~. Cl~. ~_'"ireT said "':r,,~t r0 bJd b",,!', unrl"r t1',e ir'~""cssi,::;r. t~dt ~ewflrd w8u}d have an as:'?s;::or to asr-ef:p: t~-~ lar.d. ~-9xacc_\ ,:J.n1 "tne ~nrirq..l pl2..rl t~; will h~ as;f:s;:.eri rt8xt 'vc~r. ~~_rn. LC'lrell sU,:!Qest?rJ t}'ot trp ~atter he hhl",rl if tl1prc w"r" no objections. Th", Cannci 1 t~J~'l di cCllst'e" t"" ne..t iten, :1',2 Use f'prrr: t w; tr-: 1'exi' co , In,c. City t-'",;-:",er !1e~irjd: said that ho aslcerl Texace if 'ife CI)1l1cl U,c, L,ni fer tr.2 C'mall l'30at !iarh"r. '11-,>, terms -Irawn up ',';PF' tl',e. t tl1", Ci tv ',;:lU:rl level -:r,e around anrl tr.en lc~ve it iTl '1ood con'.-}~ti:--n '/,Tncn tiof0 i'F'rc thrc~lr~-rl Kith it. There ""er~ Ill') or~nct:.')ns tG pr':l'Cp",rj wiU: tr,e math"r. Th8 next item on the a~nrda was '1:" i'lf::'TIT''lti on r'?~ort fr:)m trc "'>'lsra (~ral"her of CO!IJT'ercs. '::i ty Man? rrer he'l,iri ck said t"e Cra,her of ';:xl1mercc ,.,f PIas!' "l sent a letter statin0 t~,t- th",'{ 'tier" 't."lvir.r, il l"reting :)n t1'P 27 'inrl ~'l 0f J1l1v. Items up for niscus",ien will be a tvrc-cr. line svste'1'" f"'rry svst:!f", seconiarv roadE, "l"d i~prcv('rr?n"':," on hianwavs. C'ewiJrd CrJ'lcIDcr finallviecicloc trat thpy WOll~rj !',at be representat.?,"I "it tlcis m0etin(T, ''is trev rAn littlE' int",rest in tllC?f''O rr,i~ctp. if ~lr-r:. Lowell tl-.(en ;~!ro'l0l1t 'Jf' tre ratt~r cf a roai b2i!1() r,n"ilt to Lc~,-'Tel1 PGi:-t. C1f!'. Leirer ilt tnis "Iso hro'J.(lfr.t up U~e f'ubjedt cf 7tn .'\Vf':nue hsi"1'1 t'lrn"d intJ El trl]cY route 'OJ it con1d to"! pav'd. n di"c~1f'ci0n ~oJ1')wcd lollt sine., nd'ciClC' Wi3S decidpd tre Co'-:.:cci1 t1',O!1 turned t.J tile next it<~rr unoe, net,' blsir'J.';s. The item the COClnci 1 turned to i1f'xt W3S the rCls"ibl 1",. c:e, b2h.;e' ~ th", rcspiti"1 "iCld th e City. .ei ty V-dr,:: ,er E!>'idr ick read the h :)s;: '. hI 1 Cl nand 1"1:11. LO\,e 11 silid that the Council shoulcl let Mr. H::roy,'\12,tI look l:1tC tho sit'J.atbn and "ee ,,1',3t l1e tf1oc1^!ht "ro,lt it. [,r. ir7entory shculr! be taker, 0: t~e hc,o'.:it'll anr!'Q coPY of whAt hapnns p]-m:ld he ,,]'1 hanr!. TJ-","rc were PC' Ohj0Cti,..S tc letti"0 ]'I'r. '1uckal':!',; lock intc tr,e') mAtter. elm. L,~irpr t~?n asked F; que~ti~n ~~ rr*' '.Th~t~;"'>r t1-.pr~ TV..,S a .:,10~ t3.): on the C')-U::tr'lctjcr -,f trr. r~~Y:2.r:.:J .nc. '-;it~l Man';v"''''r I::~.T~rick said t:--"t Mr. nu~1-ale\'.T '-l'~:- qC;Pl cvc>r +}.("It r,".ltt-~"'r n'jY1. ~l:t. r'()~EC;: a.:;kedi.-f= r~exa("'s r,Fl'i r-'-':li:J t:r; t~x 11>,-:1""\ ;1? :JJt t'c r:cr~"icc:i:n +'0 l"t:.i 1.-1 tL,: c--n-tr;l:--"':i')n; ('it".f }1=ir,"l':,.-e:- r('~"ri,...l. G.""::'.Ter(~,' th;;t t1 ,}V hi''' n.'t ,.~i'l "n'f t~I:C'S ,it t}.~t ',;:",c. TYe T;',ed i [1, 'l,'4 C 3dj' "lTn ",1 c.l t 10: DC Po ~j. .~~f'r P0V ~Tl : --:? \.,..../_u,~~ t'e rrv Ti. Q fL ld- " ~~~ :=='to.....1t ':'1, Jr. ,',tt",st: ~4lz_~'(:,A~__. Citv Clcrl:- {I r R3 SEWARD, ALASKA Regular Meeting, July 20, 1959 The regular meeting of the City Council was called to order by Mayor Perry Stockton at 8:00 P.M. Present were Clmn. Leirer, Hodson, Kulin and Johnson. Absent was Clm. Knight. Clm. Lowell came in later. Minutes were read of the regular meeting of June 18, 1959; the special meeting, June 25, 1959 and the regular meeting of July 6, 1959. Minutes were approved after it was added to the minutes that Bill Erwin wrote a letter to the Council about the Small Boat Harbor area. People presented were Mrs. Stockton and Mrs. Knight. They approached the Council about the property for a swimming pool, in which Mrs. Stockton stated that the Women*s Club wanted an exact spot so that there would be no question later on. They would like four lots on Block 30 across from the grade school, 27, 28, 29 and 30, because they are near the tennis court and school and would be very convenient. By next summer something could be done to start with this project if they at least had the land to work with. Mrs. Knight said that sometime before the Council had promised the Women's Club the property before they realized that they had already promised the land to the telephone company. Clm. Leirer asked if the City actually owned the property and it was found out that they did. Clm. Johnson asked if the swimming pool would remain the property of the City or if the Women's Club would keep it. Mrs. Knight said that the matter would be decided later, but that the City was in no position to handle it financially. It would be a public pool so the City would really be the owner. Clm. Hodson asked about insurance and City Manager Headrick stated that the City would probably have to carry liability insurance. Clm. Leirer as.ed if there were any construction plans and Mr.. Stockton answered that there was nothing definite until they know exactly where the land would be. Clm. Hodson asked about the size of the pool and it was stated that the pool would be 30 feet by 60 feet and that there would be a heating system and a filter system. There were no set prices as of yet and the David Shea Fund would be given to the Club after the project was under way. Clm. Hodson asked about cleaning the pool and Mrs. Knight said that the filter system they had been looking at cleaned the pool every three hours. Clm. Kulin stated that he felt that the City should try and see if the Club would get an easement. Clm. Hodson wanted to know who would be able to use the pool and who wouldn't. Mrs. Stockton said that since it was a community pool everyone could use it except children who were too young. Mr. Richie said that there was a deep sewer system in the alley right by there and Seward Shea said that he would donate his free time to the plumbing. Mayor Stockton said that a mation should be in order for an easement to set aside the land. Clm. Hodson made the mCItion, "I move to set aside lots 27 through 30, Block 30, for the community swimming group presenting their lease to keep the City free of all liabilities and combunances." Clm. Kulin seconded the motion and all members present voted yes. The Council turned to the first item under Old Business which was the paving of 4th Avenue. City Manager Headrick said that Mr. Jack Roth approached him on getting 4th Avenue paved. Mr. Roth said that it would be an important project for the Council for 1959-60. Several paving projects had been tried in the past but the time limit had defeated them. The streets that are to be paved are 4th Avenue, Adams, Washington and Railroad from 3rd to 5th. Approximately $130,000 would be needed to do the job, but the program should not exceed $200,OOO.~ The project will require a tax increase of at least one mill. This would be paid for over 10 years with the City sharing half the interest. Mr. Roth think s that paving is a necessity if the town is to grow and no opposition has ben met with so far. Ample time is now availble to get things underway, but without paving it is costing people much more money to keep the streets in shape because of dust and dirt. Mayor Stockton asked if the Chamber of Commerce was to give promotion and to assist in popularizing the idea. He also stated that he would have to find out if the City water lines were ready for paving, because there are about eight outlets covered. Clm. Kulin stated that a one mill increase should amount to about $6500.00 a year. $242,000 was the estimated cost of the last pavement project that didn't go over. The Council could approve of the matter and have the City Manager contact several contractors to look into it. Clm. Hodson said that one way to overcome the water under the pavement is to have a concave street to drain water to the bay. Clm. Johnson said that he felt that a contractor should be contacted. Mr. Roth said that it would be approximately $10,000 for a 300 foot strip and this included curbs, sidewalks and gutters. There was on opposition to let the City Manager do all he could on this matter. The next matter the Council turned to under Old Business was Vance Hitt's ,enalty on taxes. City Manager Headrick reported that sometime in the past the City bought a building on the dock where the expansion docks eaist from him for $1200 and at that time he owed some taxe.. Mr. Hitt is asking that the interest on his taxes be wavered. He requested that the City Manager bring this up to the Council. He had come to the Council on January 5, so the City Manager read the minutes of the meeting on Janaary 5 about stopping the interest. The members of the Council felt that his request should be rejected again. The next item on the agenda under Old Business was transportation of the school bus to Seattle. Mr. Fabricous brought in the bid turned in to him by the Win Ervin Motor Company. $6,595 was the price of the bus. The cost of $450 was applied for r 84 ....,} SEWARD, ALASKA Regular Meeting, July 20, 1959 (Continued) - ......; """ ," :J;;;- ~ transportation of the bus to Seattle. Clm. Lowell said that he had been told someone was driving the bus to Seattle to save money. Mrs. Ruth Brown had stated that Seward would not have to accept the bus if it were damaged. Mrs. Brown said that everything would be taken care of. Clm. Johnson said that Mrs. Brown had been asked if it was an F.O.B. and she said, yes it was. City Manager Headrick said that they did accept a bid F.O.B. Lima. Clm. Johnson stated that the reason someone was to drive the bus to Seattle was to save money so Clm. Lowell suggested they turn the matter over to the School Board. Clm. Hodson mae the motion, "I move that we take no action on this until we aet further information from the School Board includina the minutes of the School Board meetina where they purchased the bus." Clm. Johnson seconded the motion and all members present voted yes. The first item eer discussion under New Business was a request from Perry Buchanan to be deleted from the tax roil. City Manager Headrick said that a letter from Mr. Buchana stated that they had been living out of the City limits after May 5, 1958. Clm. Kulin made the motion, "I move that we arant this reQuest to delete the taxes of Perry and Lavern Buchanan for 1959 taxes." Seconded by Clm. Lowell and all members present voted,yes. The City Manager then explained that all taxws are put in alphabetical order and not in numerical order. Three files are kept; the ledger file, lot and block file and the name card file. Clm. Hodson thought that this was a loose system. Discussion followed. The Council then discussed the next item, the construction of a public building in Seward. Senator Gruening had stated that there was a Public Building Act providing public buildings for the Federal government. City Manager Headrick said that he could find nothing about this matter. Major Stockton said there was a possibility of turning the old Post Office into a court h6use. He also suggested that Mr. Headrick check with Mr. Shannon to see if there was any chance for a new Federal Building. There were no objections to leeting Mr. Headrick look into this matter. Mr. Lowell said there were some questions as to the City's ownership of the property next to the Council meeting house. _I Arthur Knight's resignation from the City Council and Harbor Commission was the ~ next item for discussion. Mayor Stockton read the letter from Mr. Knight, resigning from the City Council and Harbor Commission. Because of personal affairs he would be unable to continue on the Council and Harbor Commission. Clm. Hodson made the motion, "I move that we reRretfully accept the resianation of Arthur KniJl;ht. " ~ Motion seconded by Clm. Kulin and all members present voted yes. Mayor Stockton stated that Mr. Knight had been a very good man to work with. Following Arthur'~ Knight's resignation was the appointment of a City Council member and Harbor Commission member to fill the vacancy. The man chosen would only serve until the next general election. Someone should be approached about this matter and Clm. Hodson suggested it be someone with experience, as there would only be four more regular meetings before the general election. The first Tuesday in October is the date set for the election of Council members. Mayor Stockton said the only man he could think of was Mr. Durant. Reggie Travers name and Hnas Hafemeister's were mentioned. Clm. Johnson said that he would ask Mr. Jergens, Hafemeister and Durant to fill the position. The next item the Council discussed was the purchase of an electric typewriter. There are three typewriters at the City Hall and are not in good condition. There would be an investment of $350 for a new electric typewriter plus trade in on the old one. Clm. Lowell made the motion, "I move that the City Manaaer ve authorized ~o purchase an electric typewriter with the Utility Department payina a specified amount." Clm. Kulin seconded the motion and all members present voted yes. Utility Board matters were next on the agenda for discussion. City Manager Headrick suggested that we charge the Utility Board rent on the meeting house and in turn get a new roof and floor. They were paying $50 rent plus utilities before and Mayor Stockton suggested that the Council ppt in electric heaters. Clm. Kulia brought up the installation matter and felt that a new roof was a necessity. It was suggested by Clm. Hodson to use roll aluminum. Clm. Lowell made the motion, "I move that we charRe the Utility Department $75 a month plus utilities beainninR Auaust 1." Motion seconded by Clm. Leirer and all members present voted yes. Clm. Hodson said that two separate bids should be made for the roof, one for the material and one for the work in laying the roof. The City Manager would use his judgment in the matter. The last item under Old Business was the paying of bills. Clm. Leirer said that r ~r; SEWARD, ALASKA Regular Meeting" July 20, 1959 (Continued) on Win Ervin's bill there were quite a few service calls. City Manager Headrick said that a car would stall or have a flat tire. Leirer also mentioned the showers leaking below the gym. Prisoners are the only ones to use those showers so they could save on water if fixed. Clm. Johnson said that there should be something done about people not paying sales tax. Clm. Hodson made the motion, "I move that we pav those bills who are current in sales tax.- Clm. Johnson seconded the motion and all members voted yes. Clm. Kulin brought up the subject about seeing if the City Council could get an ordinance from Anchorage to see about junking old cars by garages. There were no objections to letting the City Manager look into this. Clm. Kulin then brought up the subject of better police protection and wondered if it would be possible for the fire department to call the police in their cars. Clm. Lowell said that there was a 24 hour operator at the power plant. Why couldn't the City put in a radio and have the power plant call police. They would have a transmitter set up and Clm. Lowell said that the Civil Defense had one and the cost would not be much. The maintenance would not be too great to keep on all the time. There were no objections to letting the City Manager see about this matter. Mrs. Pat Williams said that there would be no way to call an operator in case of emergency during the night. Maybe the City Manager could arrange this with the power plant when he sees about putting a transmitter there. Mayor Stockton suggested that the City write a letter of sympathy to Mrs. Bob Freeman and all agreed that this should be done. The Meeting adjourned at 10:45 P.M. APPROVED: Attest: am (;2 y.t;/L~ d Perry R. Stockton, Jr. - M~or /)u.;- ------------------------------------------------------------------------------------ SEWARD, ALASKA Regular Meeting, August 3, 1959 The regular meeting of the City Council was called to order at 8:10 P.M. by Mayor Perry Stockton. Present were Clron. Johnson, Leirer, Hodson, Lowell. Absent was Clm. Kulin. The reading of the minutes was put aside until later as Clm. Hodson had to leave early. The first item under Old Business was the appointment of Hans Hafemeister to the City Council. Mr. Hafemeister having agreed to accept the position of a councilman, Clm. Johnson made the motion, "I move that we a>>>>oint Hans Hafemeister to the Council to fill the unco1DPleted term of Arthur Kniaht." The motion was seconded by Clm. Lowell and all members present voted yes. Hans Hafemeister was sworn in by City Clerk Blanche Gray and then signed the Oath of Office. Clm. Hodson was then excused. The minutes of the last regular meeting were read, and there was found to be an error in reading concerning Clm. Hodson's statement that concave streets were good for drainage. The first item under Old Business was the request of the Alaska Telephone Corporation for a rate hearing. A letter had been received from Mr. Clark of the A.T.C., requesting that the matter of a rate hearing be brought up at the next regular meeting of the City Council. Mayor Stockton reported that at a previous meeting, Mr. Clark had been requested to come back in three months. Clm. Lowell had suggested that a new list of subscribers should be presented, but only a grade schedule instead of a financial statement had been received. A discussion followed and the idea was formulated of compiling questions concerning the lack of an information service., presenting the list to the A.T.C. and not considering the rate hearing until such information service was installed. A new financial statement should be presented to the Council, in order to get an idea of new customers beginning August 1. City Manager Headrick stated that A.T.C. had owed taxes on real and personal property, but not sales tax. It was the concensus of the Council to inform Mr. Clark that the Council would delay setting a date for the rate hearing until the Alaska Telephone Corporation presented the necessary information to the Council. r 86 SEWARD, ALASKA Regular Meeting, City Council August 3, 1959 (Continued) ..... ::0 ~ ::l> :... Next on the agenda was a letter from City Attorney Buckalew, regarding the Pacificus case, which was read by City Manager Headrick. Clm. Johnson asked if the Seward Fish and Cold Storage wanted the City to take the case, tll. Tom Riley stated that he had a claim for $17,000.00, and if the City accepted a $10,000.00 settlement, it would absolve the City from any claim from the Seward Fish and Cold Storage. Mr. Riley also said that a good sum of money has been lost on the San Juan Dock because freight couldn't be brought in. It would cost the City $80,000.00 to repair the dock, and it was the concensus of the Council to stick by their original claim of $50,000.00. Clm. Johnson then said that the City should tell the Seward Fish and Cold Storage~ that they would settle for $25,000.00 and Clm. Lowell said that the City should go back and settle for a higher pigure. Chief of Police Hodgkinson said that the dock was in good shape. Tom Rily reported that three pilings were taken out and everything was in good shape so Clm. Lowell said that the City should sue them for the whole amount. Clm. Hafemeister stated that the Pacificus was at fault, and he also felt the Council should sue them for the full amount. It was then the concensus of the Council to reject Mr. Buckalew's advice and sue them for the full amount. kClm. Lowell. asked if they would now take the matter to court, but City Manager Headrick stated that they would have to wait until the United States Court was set up, since the case would come under Maritime Law and would require hearing by a United States Court. Mayor Stockton said that Seward woudd have to wait its turn, as other cities were also waiting to be heard. City Manager Headrick would proceed as originally planned. The 4th Avenue paving project was then brought up as Old Business. Mr. Roth has been passing a petition amongh the property and store owners on 4th Avenue and adjoining side stre.ts. The petition must be signed by enough of the people affected by the project to equal fifty percent of the evaluation. Mr. Roth remarked that there was better than $800,000.00 right in the town and that people would like to see paving as soon as possible. All the signatures should be completed by the next regular Council meeting, although a special meeting may be necessary. City Manager Headrick will consult City Attorney Buckalew on the matter. People outside the City limits will be advised of the petition but their signatures will not be necessary. The Council must fix a time limit for the paving and notify the property owners of it. Mr. Roth, City Manager Headrick and an Anchorage contractor looked over the proposed paving area and the contractor's report was given at the meeting. Curbs would not have to be made and in those places where there are none, curbs could be added at a later date if needed. The drainage system is satisfactory, 177,000 square feet of pavement is to be put in and the contractor's estimate is $130,000.00. Mr. Roth was convinced that the job could be done for less. After the petition is signed, the assessment rolls will be started. A date for the City Manager Election was discussed. Previously, it was decided to have the election no later than August 25, 1959, and to combine this election with the school board election if possible. After a discussion about the fact that the Recall Election could not be held before August 25 and it would be too expensive to hold a special election on the City Manager form of government, Clm. Lowell made the motion, "I move that we cancel the election scheduled for AURust 25 and have that same ballot be on the General Election in October." The motion was seconded by Clm. Johnson and all members present voted yes. In answer to a question by Clm. Lowell, Chief Hodgkinson reported that he thought something could be done about the police communications. City Manager Headrick reported that he had contacted Mr. Fabricous and that it was the concensus of the Council to turn the matter of the school bus vver to the School Board. The Council would like to see the minutes of the School Board meeting where the purchase of the bus was 6ecided upon. It was reported that the Planning and Zoning Commission will be taking out Alley B and other old buildings and that if the City tears them down, the City will be responsible for the sale of the material, but if the owner tears down his own buildings, then the City will haul the debris out to the dump. Following was the Mayor's report on the Juneau Bureau of Roads and Public Works Convention. A complete report of the discussion of road construction in Alaska will be sent to the Seward Council. $42,000,000.00 a year for the next three years will be extended by the Federal Government toward the construction of highways. There was discussion on a road from Seward, either to Resarrection or Lowell Point, and also on a proposed ferry system in Southeastern which would operate between Prince Rupert and Haines. Three ferries, operating on a 24 hour basis, would carry between 500 and 700 passengers. The Federal Government would advance 13 1/37. of the cost, which is $320,000.00. r ~. I,' :. SEWARD, ALASKA Regular Meeting, August 3, 1959 (Continued) A discussion followed on the accumulation of holidays for the police and fire departments. There are eight paid holidays during the year, and the holidays are accumulated at the end of the year if they have been worked. It was suggested that all employees, both present and future, be informed that they cannot collect for past years. The police department would like to be paid straight time on these holidays. City Manager Headrick suggested that these debts be paid off at the end of each fiscal year. Clm. Johnson made the motion, "I move that we accept the City Mana~er;s recommendation to pay the fire and police departments' holiday~ each year. This is in no case to ~o back over two retroactive years and is to be based on ei~ht national recolitnized lelital holidays." Clm. Lowell seconded the motion and three members voted yes. Leirer voted no. Clm. Hafemeister then remarked that if he were out of order, he wished to be corrected, but he would like to know if~ the police department could partrol the Small Boat Harbor during the Silver Salmon Derby, to help handle the parking problem. He suggested that they hire a man to keep cars out of the space reserved for boat launching. Clm. Hafemeister was told that the Derby Committee had arranged for a patrolman to be on hand. Then Clm. Hafemeister asked why the streets were being watered with salt water. It was explained that it does not evaporate or sink into the ground as fast as fresh water. He also stated that it was destructive to automotive equipment, but was told that Seward;s salt water does not have enough salt content to do damage. Clm. Don Lowell then gave his resignation to the Council, because of personal reasons. He felt it only fair to resign because he was unable to attend the meetings. At the next regular meeting a motion will be submited, before which time someone should be approached about accepting the position. Clm. Leirer asked if, when Mr. Bordwell was here, the City had collected all the building permits. City Manager Headrick said that they were trying, and Clm. Leirer suggested that, when a policeman saw a building going up, he check in to City Hall and see that the builder had a permit. Mr. Hindball is putting up two foundations, and Leirer said that he had noticed a building with some alterations and that it should go on his tax bill. If the price was $5,000.00, it would have to be assessed in January when the building permits will have to be checked. Clm. Hafemeister stated that there were offenders at the Small Boat Harbor dumping things into the water. Mayor Stockton suggested a list of rules, posted and enforced, and Clm. Leirer suggested that the Harbor Commission make a sign and make the offender liable to damage of the boats. Clm. Johnson asked if the Palace Cafe had paid any sales tax. The Paleee is now changing hands and Benny Silver should be brought before court and finedor made to pay his sales tax. There being no furhher business, the me~ting was adjourned at 10:10 P.M. APPROVED: ~~w: 0 ~j;;jLl L Perry . Stockton, Jr. f1Mayor Attest: !l . . ( /i4..14Nl....- /J~1 City Clerk v -------------------------------------------------------------------------.-------- SEWARD, ALASKA Regular Meeting, August 17, 1959 Before the regular meeting of the City Council was called to order, a court summons was served upon the Mayor and City Council by Officer Jack Dodge of the Alaska State Police. The summons served required the Mayor and members of the City Council to appear in court in Anchorage, Alaska at 1:30 P.M. on August 27, 1959, to show cause for not holding a special election to recall members of the Seward School Board. The Plaintiff being Walter Blue of Seward, Alaska. The meeting was called to order by Mayor Perry r4 t ~ /t t,'1 Stockton~ 1 Present were Clnm. Hodson, SEWARD, ALASKA Regular Meeting, August 17, 1959 (Continued) ~ ::::c ,.., ,,", Kulin, Hafemeister, Leirer and Johnson. Absent was Clm. Lowell. The minutes were read ahd there were no corrections to be made. :t> =- There were no People Present so the Council moved on to Old Business which was Clm. Lowell's resignation. Mayor Stockton then said that Don Lowell said he may be able to continue on the Council but no word was heard from him after that so someone was sent to find him. There was a short recess while the City Clerk went to contact him. Under Old Business the Council discussed the petition for 4th Avenue paving. The petition was certified by City Clerk Blanche Gray. It was signed by more than 50% of the registered property owners. Members of the Councfi looked over the petition, and there were a few questions on the petition that were answered by Mr. Roth. Clm. Kulin asked if the petition had been checked with the City Attorney, Buckalew, and City Manager Headrick stated that it had not been but he would take it up with him. Clm. Johnson made the motion, "I move that we accept the petition for the pav1nll;." The motion was seconded by Clm. Hafemeister and all members present voted yes. It was then explained that the cost will not exceed $130,000. Clm. Johnson made the motiqn, "I move that the City Manall;er be authorized to draw up a resolution for the pavinll; project on the property it covers." The motion was seconded by Clm. Hafemeister and all members present voted yes. Mr. Roth asked-if the Council could ask the Water Department within the next 30 days to do some preparing ;work on some minor connections on 4th Avenue. J' The Council then turned to the resignation of Clm. Lowell and it was discovered that he could not be found. Mayor Stockton stated that he could not advise anyone on what to do until further information was received faom Clm. Lowell. The next item on the agenda under Old Business was the relocation of the police department's radio. City Manager Headrick reported that he had investigated the power plant and it was deciqed that the radio; could be operated on a 24 hour , basis, but the radio would~~e operated in the police saation from 5 p.m. until 8 a.m. and when anyone is not at the police station they will switch to the power plant. It was reported that the radio; should be in operation in a few weeks. The last item under old business was the discussion on a new roof for the Council Chambers. There were three bids, from the Seward Buildres Supply and the Seward Hardware. Two were for aluminum roofing and one for galvanized. There were no bids far labor because this will be done by the Electric Department. There is , a weight difference in aluminum and Mr. McCrea had the be.t price. The Council members looked at the bids and Mr. Johnson stated that Seward Builders had the best price. Clm. Leirer recommended corrigated aluminum of 24 gauge. Clm. Leirer laade the motion, "I move to accept the Seward Builders Supply bid providinll; that it is 24 lI;aull;e." Clm. Johnson seconded the motion and all members present voted yes. The first item under New Business was a request from the City of Palmer. The letter was read by City Manager Headrick and it was an invitation to the Mayor and Council to attend the Alaska State Fair. Discussion followed on the next item under New Business which was the status report on the water system. It was reported that in the near future pressure reducing valves would be needed. We are using water from Jap Creek and Marathon and a valve will be put at the Marathon suppoy and maybe at Jap Creek. Some letters were received from doctors at the hospital asking about the water pressure because they were worried that if the City ran too low in pressure, the hospital would be in a dangerous situation. City Manager Headric~ remarked that a letter had been sent to the hospital stating what the Utility System is planning to do to insure a steady water pressure. Clm. Hafemesiter asked why the Council was discussing Water Department matters, and Clm. Johnson stated that the City Council was supposed to be the boss of the Utilities. Clm. Leirer asked if there was any joint meeting planned between the Council and Utility Board, and City Manager Headrick said that there was supposed to be one~but was not held due to lack of a quorum. It was reported that there are two sets of plans on the water system and both are being kept at City Hall at the present time. In case of fire or some other mishap the members felt that one copy should be kept at the Council Chambers. Clm. Hodson then requested that it be included in the minutes that the plans for the underground water system had been discussed and that they had been brought up to date and were in the hands of the City Manager. It was reported that the health nurse had sent 6 samples of Seward Water to the Health Department to be checked and five of them showed no contamination. Clm. Leirer asked if the water samples had been taken correctly and City Manager Headrick reported that they had been taken correctly to the best of his knowledge. The Council returned to the discussion of Don Lowell's resignation once again and it was the concensus of the Council to table this matter until the next meeting. ~- 89 SEWARD, ALASKA Regular Meeting, August 17, 1959 (Continued) Clm. Hodson asked if the arrears in Sales Tax had been brought up to date and City Manager Headrick said that he had not had time lately to check on this but that the Alaska Shop plus a number of others were getting up to date on their taaes. Clm. Hafemeister asked if anyone ever checked books for the businesses and City Manager Headrick reported that he was supposed to do this. Clm. Kulin asked about building permits and wondered if Mr. Baumgart~er,had a permit to build his new garage. Bity Manager Headrick should contact City Attorney Buckalew about whether the officer who served the summons to the Council members was legally qualified to do so. It was the concensus of the Council to send these summons up to the City Attorney. Clm. Leirer then brought up the subject of property owners leaving cars in the streets as the Street Department was a little unhappy about this, since they have to remove cars from the streets in order to water or grade. Clm. Liirer wanted to know if there was an ordinance to remove the cars after a certain time period. City Manager Headrick said that he would check with the Street Department about this and Clm. Leirer said that the police should go ahead and clear the streets before the Street Department works on them. Clm. Johnson questioned the bill from Win Ervin Motors on the police car and remarked that it was costing the City too much to maintain the car. The question was asked if the school and hospital had been paid, and it was reported by the City Manager that they were paid in full. It was then explained that the Sales Tax collection depends on the honesty of the store owners. Clm. J".."Ufl1 Hodson made the motion, "I move that we pay the bills that are not in arrears in their Sales Tax." Clm. Leirer seconded the motion and all members present voted yes. Clm. Johnson said that the Police Department should be notified about teen-age drivers speeding on the streets, and Mayor Stockton said that City Manager Headrick should speak with the police about this matter. There being no further business, the meeting was adjourned at 9:45 P.M. APPROVED: ,/7 ./J .' I ii/ ./AI",..,:A ~. ....:,>/,t Perry R~fStockton, Jr. ~ May8r Attest: ///u."",.L JJ~1 City Clerk ---------------------------------~----------------------------------------------------- Regular Meeting - September 8, 1959 The regular meeting of the Co~~on Council was called to order at 8:00 p,M., Mayor Stockton in the Chair. Present were Clm. Hodson, Kulin, Johnson and Hafemeister. Also present Ci ty l~anager Headrick. Minutes of the last regular meeting were read by City Wanager Headrick, and approved as read. tfext order of business, Mr. Ray lee requested the Council's audience in regard to the City Manager election, and he requested that the petition that was circulated be read to the Council and that it then be given consideration. He continued that he felt that there was still time for the election to be held before the general election and he beHeved it should be held so that the individuals considering candidacy for office may know before hand just what type of city government we would have. MRyor . Stockton" stated that this petition had been discussed and that one reason the election was postponed was that it had been felt that at the time the petition had been circulated, it was more because of the person holding the position of City Manager rather thaf1 the fom of government. Mr. lee again asked that the petition be read and advised that he did not agree that it was personalities, and he felt it was an injustice to the people to delay this election and reiterated that it was difficult for candidates to file for election in the next general election since they did not know what sort of government we are going to have. It was then stated by Clm. Hodson and City VanagerHeadrick that another reason for t~e postponement was due to the fact that there was a possibility that a special election may be called in regard to the School Board and that both elections could have been held at the same time. The City Manager advised that he had not brought the petition with him but he would be glad to go and get it so that it g~~~~e~h~e~n:~~in~le~t~~gc~gsbg~o~~u~%hr~fta~~~~~peo~eH~haol~~~~lr~~&~~!BR -=- Regular Meeting - September B, 1959 ( c ont inued 1> ....l X ,... ,~ :l;:o 90 . - could be held prior to the general election, and it was st,ated by City Manager Headrick that :it could be held and the returns noted on the day before the candidates must have their peititions in for the general election; however, the official returns for the special election would not be in until the day that the filings for office were also due. Clm. Kulin stated that he felt that Mr. Lee had a point in the matter regarding the candidates' filing for office and knowing the form of government the city would have. Mayor Stockton stated that if the Council so desired that a motion could be made to hold this special election and commented as to cost or a special election, whereupon City Manager Headrick advised that a special election w01Jld cost about $300. Mr. Lee felt that the cost was justified. CJm. Hodson advised that he had misgivings about calling a special election in such a short time and so near to the general electj on, however, he stated " I WI 11 MOVE THAT WE P.AVE A SPECIAL ELECTION ON THE 29th OF SEPl'EMBER ON THE CITY !!ANACER PROPOSITION." Seconded by Clm. Kulin. No questions. Vote: Councilman Hodson, yes; Clm. KuHn,yes; Clm. Johnson, yes; Clm. Hafemeister, yef'. :!lotion carried unanimously. City Manager Headrick then read Resolution No. ]35 RESOLUTION NO. 135 WHErtEAS the Oi ty of Seward is now operating under the Council-Manager form of c1 ty government and, WHEREAS over twenty-five percent of the qualified electors of the City of Seward have signed a petition calling for an election to detennine if the City of Seward shall continue operating under the present council-manager form of government or revert to the Mayor-Council form of government and, WHEREAS the City Clerk of the City of Seward has certified said petition to be in accord with state law and ordinances of the City of Seward and, WHEREAS the City Council of the Oity of Seward have accepted such petition to be true and correct NO'N, THEREFORE BE IT RESOLVED, and it is hereby resolved, that the City Clerk of the City of Seward is directed to have ballots pre- pared for such election to be held September 29, 1959. AN EMERCENCY IS HEREBY DECLARED TO ED:ST and the rules governing the passage of ordinances and resolutions ar~ hereby suspended and this resolution is given immediate effect upon its passage and approval. Passed and approved this 8th day of September 1959. ~ /) . ,.- ./ , ji~~~ A AI-,{~...t, Perry" . Stoc kt on) Jr., Mayor ATTEST: _ Ie d.it,>>~L /Jv~I' Blanche Gray, eit Clerk Mayor Stockton called for a motion to cancel the date set preViously for this election. Clm. Johnson stated, "I MA~ A MOTION TO cmJCEL THE DATE OF ElECTION AS SET FOR THE CITY MANACER ElECTION FROM OCTOBER 6th TO SEPl'EMBER 29, 1959." Seconded by Clm. Hafemeister. No questions. Vote: Clm. Hodson, yes; Clm. Kulin, yes; Clm. Johnson, yes; elm. Hafemeister, yes. Motion carried unanimously. The Chair then entertained a motion to suspend the rules. Clm. Hodson stated, "I MOVE we suspend the rules to adopt Resolution #135." Seconded by ClIr.. Johnson. Vote: Clm. Hodson, yes; Clm. KuHn, yes; Clm. Johnson, yes;, Clm. Hafemeister, yes. Motion carried unanimously. The Chbir then entertained a motion to adopt Resolution No. 135, whereupon Clm. Johnson stated, ft I MAl<E A MOTION we adopt Resolution No. 135." Seconded by elm. KuHn. Vote: Clm. Hodson, yes; Clm. Y.ulin yes; elm. Johnson, yes; Clm. Hafemeister, yes. Moti.on carried unanimously. City Manager Headrick then read a letter from Mr. Tom HoWell, President of the r 91 Regular !'eeting - September 8, 1959 Continued Seward School Board which advised that the bill from the Win Ervin 1lotor Company in the amount of $450. was for transportation of the school bus from Lima, Ohio, and the letter also requested that the City in meeting the school budget requirements, make ten, monthly installments of $7500. each. Clm. Johnson stated that he felt that from now on if the City had to pay for the bus, then the City should also do the purchasing. let the School Board set the specifications, etc., and then let the City make the arrangements for the purchase of the bus, then there would be no going back to check on items contained in previous mi.nutes and a de fini te contract would be set up right at the beginning. City Manager Headrick then went on to advise the Council that the state had cut approximately $18,000 from our school budget and that means that the City may be faced with maki.ng up this amount. A discussion was held concerning students attending our school who live outside the City limits and the fact that other cities are charging tuition and whether this Ci ty should look into the possibility of such a charge. It was felt that City Manager Headrick should check into this and learn just what factors are involved and whether it may be just a ~Btter of our school board setting such a policy. Clm. KuHn stated that he did not see how we could guarantee Mr. FowP.ll the $7500 each month as requested and continued that he felt the City Manager should be inst~lcted to look into this matter of tuition. He then went on (Clm. Kulin) and stated, "I WILL MOVE that the City Manager be authorized to pay the $450. to Win Ervin Motor Company for transportation exnenses on the school bus." Seconded by Clm. Hodson. Vote: Clm. HODSON, Yes; Clm. Johnson, :'res; elm. KuHn, yes; Cl!!!. F'.afemeister, yes. Motion CARRIED unanimously. Ci ty Manager Headrick then gave a report on the status of the Alaska Telephone Corp. and advised that Irvin Clark had requested another rate hearing on Sept. 21. Mr. F'eadrick stated that another company was negotiating to purchase the Alaska Telephone Corp. and he had had word that they did not desire a rate hearing at this time, that they would ask for a rate hearing after the purchase if they so desired one. Mr. Headrick continued that he had advised Mr. John Viles that he did not think that the Council would even consider a rate heari.ng at this time considering the negotiations that were going on. Mayor Stockton inquired as to the feeling of the Council in the matter of a rate hearing as requested on Sept. 21 and it was unanimous that there should be no rate hearing at this time. Next item on the agenda was a report on the tax foreclosures and City Mgr. Headrick advised that Judge McCarrey had signed the foreclosures and the individu81s would have one year to redeem their property. This for information purposes. Mayor Stockton inquired if there was anything else the Council would like to consider under old ~15ine55, and Clm. Kulin advised that in the matter of radio police calls going thru the pwnrer plant, that if this did not work out, we may be able to get the taxi company. Clm. Kulin then commented that he understood that the pressure valves for the water system were pretty expensive, and City Mgr. Headrick advised that they would cost about $4000 each. Mr. Headrick stated that there may be another way which would carry us thru the winter at le~s exnense, and that Charles Tryck of the engineering firm in Anchorage would be down next week to look into the matter and advise them. r~inf, on to new business, and the possible acquisition of the Army Recreation Area, City Mgr. Headrick advised the Council that repreRentatives of the Tidewater Oil Company were in town last week and they are looking for possible sites to put in a bulk plant. Mr. Headrick stated that a sui table 5i te was not found and it looks like we are going to have to try to acquire property. In this respect, Mr. Headrick advised that he had checked with several Army and Civil Defense people and a meeting has been set for one o'clock Friday at Elmendorf with the Alaska Air Command and Civil Defense people to go into this further. Mayor Stockton advised that if Mr. Headrick found at this meeting that it appeared that we might not be able to get this land, to let the Council know immediately so that other areas of approach could be used and that he felt we could get this property, if not thru this c1--8l"ll'\e1, thru other channels. In the matter of Civil Defense property and su:p:p:Mes stored in these Rec. Center buildings, it was felt that this could be stored in other places, possibly in the old San area. Mr. Headrick asked if the t!ayor or any of the Councilmen would like to go to Anchorage and Hayor Stockton felt that he could not get away to attend. Next item on the agenda was the matter of resignation of the City Magistrate and City Manager Headrick read to the Council a letter of resignation !.ram Mrs. Southard wherein she advised that because of a decrease in salary, she was resigning as of September 15, 1959. Clm. Hafemeister stated that he felt that since the State would put in a deputy magistrate in the not too distant future, he felt that we should keep Urs. Southard until that time, and City Mgr. Beadrick advised that this would probably take place in about 90 days. I 92 Regular l'eeting - Sept. 8, 1959 Continued ~ ::=::::: ~ ;J> :.. Clm. Hafemeister, upon the Mayor's request for a motion, statedt,. "I MAKE A MOTION that we retain Bonnie Southard at one hundred dollars a month (~lOO.) until the State replaces her with another judiciary official." Seconded by Clm. Kulin. Vote: Clm. Hodson, yes; Clm. KuHn, yes; alm. Johnson, yes; Clm. Ha feme ister, yes. Moti on carried unanimously. Ci ty Mgr. Headrick read a letter from the Seward Community Library wherein the Library Board thanked the Ci.ty Council for the city's contribution of $1200. and the financial statement of operating monies received and expended was passed around for the perusal of' the councilmen. It was then reported by City Mgr. Headrick that the Pacificus case was set for October 6th and his advice from Judge McCarrey was that the case would be heard in Seward on that date; however, conflicting advice from City Attorney Buckalew was that the case was to be heard in Anchorage, so it :Is not sure at this time just where this will be. Mayor Stockton then requested that resolutions be read for the setting up of election judges and clerks for the Spedal Election (#136) and No. 137 for the General Election. RESOLUTION NO. 136 BE IT RESOLVED, by the Common Council of the City of Seward, Alaska that the following named persons are hereby ap~ointed and shall act as Judges, Clerks, and as Inspector of Election at the City of Seward Special Election on September 29, 1959 at Seward, Alaska. Said Special Election to be held for the purpose of: TO DETERMINE I F THE CITY OF SEWARD SHALL crnTINUE TO BE OPERATED UNDER THE CCUNCIL-MANACER FORM OF OOVERNMENT OR REVERT TO THE l!AYOR-CCUNCIL FORM OF OOVERNMENT. Judges: Hugh F. Hall (Inspector) Mildred E. Kirkpatrick Emma Jean Cameron Clerks: Wilma Lind Eda Myers AN EVERCEl'lCY IS HEREBY DECLARED TO EXIST, and the rules governing the passage of ordinances and resolutions are hereby suspended and this resolution is given immediate effect upon its n8ssage and approval. Passed and approved this 8th day of September 1959. ~ .. ./ ~;i. ~o~:~r"::' Mayor ATTEST: Il' ~ lay, .L, /Jru.. Blanche Gray, Ci Clerk MOVED BY CLM. JOHNSON, "I MUE A MOTION we suspend the rules for the adoption of Resolution No. 136." Seconded by Clm. Hodson. Vote: Clm. Hodson, yes; Clm. Kulin, yes; Clm. Johnson, yes; Clm. Hafemeister, yes. Motion carried unanimously. MOVED BY Cll!. HODSON, "I MOVE that we adopt Resolut5.on No. 136." Seconded by C~~. Hafemeister. Vote: Clm. Hodson, yes; Clm. Kulin, yes; Clm. Johnson, yes; Clm. Hafemeister, yes. Motion carried unanimously. Resolution No. 137 then read: RESOLUTION NO. 137 BE IT RESOLVED, by the Common Council of the City of Seward, Alaska that the following named persons are hereby appointed and shall act as Judges, Clerks, and as Inspector of Elect:lon at the City of Seward, General Election on October 6, 1959 at Seward, Alaska. Said General Election to be held for the purpose of electing candidates for the following offices , to wit: A Mayor 4 Councilmen 2 Utility Board Members 1 School Board Member r 93 RegulAr Meeting - Sept. 8, 1959 Continued RESOWTION NO. 137 (Continued} .Judges: Hugh F. Hall (Inspector) MHdred E. Kirkpatrick Emma Jean Cameron Clerks: Wilma Li.nd Eda Myers AN ~llER::ENCY IS HEFEBY DECLARED TO EXIST, and the rules governing the passage of ordinances and resolutions are hereby suspended and this resolution is given :immediate effect upon its passage and approval. Passed and approved thi~ 3th day of September 1958. ~ ,. ~.~ '~I(.,-2 -dt;:A.,..; /', . ffiRRY R.1STOCKTON, JR., YOR Clm. Johnson stated, "I MAKE A MOTION we suspend the rules Resolution No. 137." Seconded by Clm. Hafemeister. Vote: Dlm. KuHn, yes; Clm. Johnson, yes; Clm. Hafemeister, yes. unanimously. for the adoption of Clm. Hodson, yes; Motion carried Clm. Johnson then stated, "T make a motion we adopt Resolution No. 137". Seconded by Clm. Hafemeister. Vote: C1m. Hodson, yes; Clm. Ku1in, yes; Clm. Jor~so~, yes; Clm. Hafemeister, yes. Motion carried unanimously. Moving on to the next item~ City Mgr. Headrick reported that the Charter Commission had completed its work on the Home Rule Charter and it had gone to the City Attorney for any necessary changes and by the next regular meeting it should be ready to come up for discussion and for any changes. City Mgr. Headrick advised that funds will be needed and he asked for authorization to proceed with the preparation of for~c10sure list of 1958 real taxes. He stated that regarding personal property taxes, we have about $40,000 out in personal taxes and the City Attorney will clarifY procedure for thi slater. He is now looking into this and wi 11 advise. Clm. Ha feme ister stated, "I MAKE THE MorrON this preparation work be done on the foreclosure list for 1958 taxes." Seconded by Clm. Hodson. Vote: Clm. Hod8on, yes; Clm. rulin, yes;, Clrl. Johnson, yes;, C1m. Eafel'leister, yes. Motion carried unan~mously. Vayor Stockton inquired that having done with the agenda, would the Council care to discuss anything else. Clm. Ku1in inquired about the publication put out by the League of Alaska Ci,ties and whether anyone received a copy. Be was advised by City Mgr. Headrick that copies were received at City P.all for eAch mernher of the Council and that he would bring these hereafter. Clm. Kulin also inquired from the Mayor concerning the operation of the police force in Juneau and whether he had had an opportunity to talk with the Mayor of Juneau while in that city recently. Mayor Stockton advised that he had not had an opportunity to talk with Mayor McSpadden due to the fact that Mayor McSpadden had not been able to attend any of the road commission meetings, or other functions. Clm. Kulin then reported that the Chamber of Commerce would like to hear Mayor Stockton's report on these meetings in Juneau and Mayor Stockton stated that he would be glad to give such a report, altho it may be rather lengthy for a noon luncheon. It was brought out that the vacancy on the Harbor Commi.ssion should be filled, and thp. COJIllJ1i.ssion had sutmi tted the name of Oral Burch. Clm Ha femeister stated that he had contacted Mr. Burch and that he had stated his willingness to serve. He would be filling the v.cancy created by the resignation of Ed Burgan who has moved to Pa1mer. Clm. Hodson stated, ''1 MOVE THAT we appoint Mr. Oral Burch to the Harbor Commission." Seconded by Clm. Kulin. All couicilmen voting in the affirmative, motion carried unanimously. The Shell Oil Company lease was discussed briefly and it was brought out that Regula.:!" l~eeting - Sept. 8, 1959 Continued ./ , ....l - .-..; "'"' ,-, 0;> -:... I 94,:' the expiration date had not been changed and if the Shell Oil Company did not care to renew, perhaps this land could be made available to the Tidewater Oil Co. Clm. Johnson stated that he felt the City should go tooth And nail to acquire the 'J7 or 58 acres of land out in the old Seward San area. This was generally agreed and City Mgr. Headrick reported that there had been no change in his findings on this and that the agent of the Land Office had informed him that the land was to be held in accordance with instructions from the Governor's office. Clm. Johnson reiterated that we should make all possible effort to acquire this land and especially since the growth area of Seward was in that di.recti on. Along these same lines, Mayor Stockton felt t.hat all possib1~ effort should be made to also obtain tidewater lands, especially the lagoon area between the road and the railroad. .J City Mgr. Headrick then reported that he had seen "Pat Irvine, counsel for the Blue case, and Mr. Irvine advises that they are apI~a1ing the recall to the Supreme Court. Also, City Attorney B11ckalew has gone back asking that the City be reimbursed for the $300 costs involved. With no fUrther business, the meeting was adjourned at 9:40 p.M. /~ ~ AL '/;.-1 -?'('~ffi .:.A . - ,:;1"7/ ,--A PERRY . STOCKTON, JIt. - MAYOR ATTEST: lfi.~'" j""r Ci ty Clerk Regular 1,:eeting - Sept. 21, 1959 The regular meeting of the City Cmmcil convened at 8:20 P.M., 11ayor stockton in the Cha.i.r. Present Clm. Hafemeister, Hodson, Johnson and Lowell. Absent Clm. Leirer and Kulin. Also present City Mgr. Headrick. --' lfinutes of the last regular meeting of Sept. 8, 1959 were read and approved as read. Under old business, City Mgr. Headrick advised that City Attorney Buckalew had called last week and in connection with the Pacificus case, Dave Talbot, who is attorney for Seward Fish and Cold Storage, had contacted him a~d stated that the Seward Fish and Cold Storage have requested that they receive the first t20,OOO that the city may be awarded on tr~s case in order to repay them for the price of putting in the dolphin. Clm. Johl1son asked why should they get thp. first? Ci ty M gr. Headrick stated that that is the request they have IlI8.de and Mr. Buckalew has asked thAt. the Council be advised and find what the feeling is. In reply to question put by Mayor Stockton, City Mgr. Headrick stated that the suit is for $76,000 for the City. Their contention is, continued Mr. Headrick, that since they have leased the entire area from the City and the City does not intend to rebuild the dock and they had to go to the additional expense of putting in thes!'! dolphins after the damage, that they should be reimbursed. Clm. Lowell and Johnson stated that we are not S'liing for the dolphims, the sui t is for damage to the dock. Mayor Stockton advised that the City Manager refer our City attorney to our lease between the City and the SAward Fish and Cold Storage. It was pointed out that the City is bringing suit for damages in the amount of $76,000 and the Seward Fish ~ Cold Storage suit is for tI7,000. Jfr. Headrick advised that he believed the two were incorporated in the one suit now. Mayor Stockton, after some discussion, advised Mr. Headrick to advise City Attorney ~~ck~l~w th~t. the feeling of the Council was a negative reply to this request. City Mgr. Headrick then W~i1t 0r. that ~:;r. Buckale'7l h"d in1i"",+.d +1->",+ ~7.nething hlld been said about a percentage basis of payment for him and H1so an hourly basis had been discussed and llr. Headrick wondered if the Council remembered whether tr~s had been settled. The council members did not recall anything dp.finite being done on a percentage basis payment at all nor did they feel that the minutes carried anything regarding a percentage basis payment. Moving on, City )'rEq',t.-k~eae:r~,?k stated that in the matter of the Army Rec area, he had ;net with several majors and captains and as far as they are concerned, if the r j . () - ( . ,/'^ \ /'. '. f( v, ,,: - ~ "(" I:, "" .( r;/', 95 .-1 " -, I~ ,.- ~, " ......."'" " --- ,"-'" r ---- r">' r' " ,.-,,' ,,' 1 r- , l~ r- -'" .., I' ,.." r:- /! ,....,. ...... d ^- ~...~ " .0 0* 855.90 495.00 109.44 3.75 81.90 ' 7.14 .63 .03- 89.36 22.99 54.75 1,4 0 3.1 3 110.55 433.30 39.1 0 164.35 50.0 0 273.76 74.70 17.0 0 5.60 37.08 65.25 25.00 737.60 1,2 0 0.0 0 3 00.0 0 405.50 36..12 16.85 52.86 2.0 0 39.09 53.50 34.02 15.60 1 6.4 0 97.31 254.20 8.32 142.80 'J,:.) ,/'.:' 1'/0 / , ' _.;.~'~,"(' .. ~'i'I/.,.-~,/' 5 . I' ....."<. /', .~. >', t . r~i '. ,': 1_,'" _. .} ;://, r ;~.. :!" , . ) 'f." ", . " A ..... '" ~ " ' ,~ ~ r , f'? .......- ,-... r-l r7 r-l , / ~ r, ~ ,..- -'-~ " r;:J . I' . I', I I .' '. ,('- ,.' ,-",'- . . /', ,-... ,-- r, f~\ J" , ""-" ,,- ,.:.,--1 " ;'.r('/~' . ., .... . I \ " i!', . . ., '. J I., _ 7.831.8 2* '''/h (.' 1-; .~/. ' fl 'J. '>'., .. I r.1 r- 'I , ~ t""':' 0'1 r',' .- " ~ , '..-'. ,.-.. ''; ,.. r"l' I"""'" ," ~',-., ~ _ 1.- ., A ,,- -: ......, r, fJ ....~ .1 ,-.,...- I' ,~,-, (', ~-. r"., ., -, "-. i;J:J^ Ref,'Il1ar Meeti:1g - Sept. 21, 1959 continued City could find them additional space for storing of Civil Defense material on hand then it was all ri ght with them. I t has been indicated that tIle San area is acceptable aDd Clm. Lowell stated that representatives had heen down last Saturday and they thought that the old ~ehab building and the building directly in back oftl:. would be adequate for storing the Civil Defense material that is here now. Vayar S~ockton asked if anyone knew who in the state we should write to to try to acquire these two buildings. City Mgr. Headrick advised that he felt the approach v, auld be to contact each department that might be involved, such as the Alaska Army Command, ~ept. of Lands, etc. and once cleared lvith each, to then eo to the State. 1t was the concensus that Wr. Headrick proceed with this and write the necessary letters. Still under old business, Clm. Johnson inquired whether CHy 1'gr. Headrick had anything new on the tlli Mon problem and City 1:gr. Headrick stated he had not been able to talk to anyone on this as the ofN cials involved were not readilJ'- available. Mr. Headrick continued that ~::r. Fahricius had adv.i sed him that t.he first $6000.00 cut remains for this year, but the additional $12,000 cut will not go int0 effect until the next fiscal year. Mayor Stockton advised that it should be brought to the attention of the School Bo~rd th~t the council feels rather strongly on this matter of tuition. Going on to new business, City Mgr. Headrick read a resolution which had been handed to him from the Youth Activity Committee. This resolution signed by Reggie Travers, Chairman; Tom Rutledge, Jr., and (1!orge rabricmus, urged that the City employ a full-time youth director and coordinHtor at an annual salary of t7500, and who should have full responsibility to hire the necessary staff to direct a diversified and coordinated program for the youth of the city. A very lengthy:iscussion ensued and ].lrs. (1!nev1.eve Schaefermeyer, the U. S. Commissioner was on hand urging tha~ the City step in and do something to help keep our youth ~usy and off the streets. S~~ stated that this had heen proposed not as a cure, but rather as a preventative of youth problems. She handed to the ~ayor two papers, one a letter and the other an excerpt from other letters received by her from authorities in institutions in Anchorage and it was brought out that the feeling there is that Seward has a hi gger problem than any city 01' its size in Alaska. elm. Lowell stated that there is a definite need here in Seward to get t.he children interested in doing these things and to keep them i~terested and busy rather than idle. Pat Williams stated that one of t.he churches had interested folks who dedicate one year to youth activity and perhaps one of those peogle might be interested in cctning to Se1.,ard. On... of the letters which Mrs. Schaefermeyer handed to the lfiayor referred to the rejection by Seward residents of the juvenile home in the Seward San area. ~lrs. Williams stated thE,t Seward had never rej~cted this and she felt that the Anchorage News should be advised of this. Clm. Hafemeister stated that this juvenile problem apneared to him as requiring a group of highly trained people to go into this and even the big cities had not been able to lick it. Clm. Hodson wondered if t.he Council Shol11dn't turn i,his re:::oluticm :>vel' t".:> the PTA and request that group to consider it and make recommendations to the Council. Hayor Stockton asked if it wOl~ld be acceptable if the Council accent this Resolution and take it under advisement, and Urs. Schaefermey stated that was all sho had expected really and that she did feel it is time the City of Seward did something. The home has failed but there is no reason why the Communi ty should fail. The bills for the month of August came up for ap~roval and a;t,p~ h~~~g ?R~sed around the table for each CouncilJnen to Jook over, Clm. Johnson and Hodson questioned the gasoline bill submitted for the police department. Clm. Hodson stated he felt the City If.gr. should call the Chief's attention to the one particular time where three fillings occurred in one day. The ~lestion was raised concerning the police car being taken out the hi.ghway when accidents occur and C1'll. Lowell felt that in aT'! emergency someone must take care of these things and the city should not quibble about who is to pay for the gas. He pointed out that on the occasion that the police car went out, the ambulance was already out on a call and therefore unavailable. Mayor stockton then asked for a motion regardi ng the bi lls, and C1m. Johnson stated, "I MAKE A MOTI ON we pay all the bills." Second by Clm. Lowell. Vote: Clm. Hafemeister, yes; Clm. Hodson, yes; Clm. Johnson, yes; Clm. Lowell, yes. Motion carried unanimous- ly. (Tape of bills at.t~jched hereto - total amount of $7,831.82), lil'ting a~ follmvs though not read in detail: Seward Electric $855.90; Seward Water $495.00 Watsjold tl(10..'.I,; ,'E['r,,1"'S 0.75; Win Ervih trtm $81.90; Seward l'achine ~7.l4; Seward Trading $.60; SewRrct Plumbing $139.36 and ~22.99; Seward Harnware ~54.7~ Standard Oil $1403.13; Seagrave tUO.55; Seward Builders M.33.30; Snyder $39.1 ; Stafford $164.35; Chamber of Commerce $50.00; Smith Ins. $273.76; Seward Elect c $74.70; Peninsula nz.opane $17.00; Osbo's ~5.60; Northern COI'unercial :)',37.08; Northern Supply ~65.25; l!ac's Foto ~25.00; Kenai Lbr. ~737.60; Buckalew ~1200.00 Buckalew $300.00; IBM $405.50& l)I-lrants ~36.)2;"Don's Caf~ ~16.g5; COrI1jll. Bq. ~52.86; Bay City t,2.0C; Bill's ?arts ....39.09; Burrough ,..53.50; B&C ".)4.02; Anchorage t~- 96 B.egu1ar ~.'eeting - Sept. 21, 1959 continued ..... ::::0 ~ ;r;. c... Oxygen $l5.60; Alaska Welding $16.40; Airport Mach. $97.31; Andy's Oil $254.20; Alaska Shop $8.)2; Alaska Te1eohone $142.80, total $7831.82. Mayor Stockton then read a letter from Senator Magnuson wherein it was advised that hearings would be held in Ketchikan and Anchorage and other Alaskan ci ties regaf:ding interstat.e Commerce and that the Committee and Senator Bartlett would be in Seward Tue$day, Octooor 27th. It was requ.ested that arrangements be made for the party's departure and ','Ci;for Stockton advised that all arrangements had been taken care of and the letter answered. Mayor stockton then stated that he had another matter which he felt the Council should be advised of, that being that a week ago last Sunday he ;vas called to a meetir>g of the 1ilVU regarding thp. cannery workers and <:'he 1LWJ re?resentatives were hostile regarding our Chief of Police in that he had called the Federal authorities to remove their ;ncket line. Mayor stoch~on advised thCl<:' he had stated that it had been the policy of the City that we would not choo"~ .,: ,:..., ":' +n:"e problem:,: and we had not held any meetings and that he could not answer about the Chief of ~olice, if or why he had done this. EClyor Stockton went on that when he did confront the police chief, the chief had stated that he did not call in the Federal authorities and ?at i- Wellington, who was then with the Chief, spoke up and stated that he had himself pho'1ed, and this was mainly to see what his action should' be in case there should be trouble down here. Mayor Stockton further advised that he had then informed Mr. Martin of the 1LWU of his findings in the matter and reiterated that the City had not adopted any policy one way or another about th~s problem. There being no furthlr busipess, the meeting was adjourned at 10:00 p.M. ~'.L jL#fi -;;r . /,(LubfC'JR' '.. PERR . STOCKTON, . - V,AYOR ATTEST: Ii Special Meeting, Sept. 30, 1959 SEWARD, ALASKA The special meeting of the City Council was called to order by Mayor Perry Stockton at 2:00 P.M. Present were Clmn. Hodson, Johnson, Kulin, and Hafemeister. Also present were City Manager Headrick and City Clerk Blanche Gray. The purpose of this meeting was to canvas the ballots for the special election of September the 29th. This election was held for the purpose of determining if the City of Seward would retain the City Manager form of government. Mayor Stockton appointed Clmn. Hodson and Hafemeister to inspect the ballots and ballot books. Upon inspection it was found that 172 people voted for the City Manager form of government and 166 against. The committee agreed the election ballot books and ballots were in order and recommended they be accepted. Clmn. Kulin made the motion to accept the count on the returns of the special election, seconded by Clmn. Johnson and all councilmen present voted yes. There being no further business the meeting was adjourned at 2:20 P.M. ~ .---, 'T)' -; /t1:~ ,/I ~/~, f,~ t " PERRY, . STOCKTON, JR.-MAYOR ATTEST: I' ( { _" y;_,/c< City Clerk (, J~ilf.j l r ,'-"'''' "'~ I " iii SEWARD, ALASKA Special Meeting - Oct. 7, 1959 Meeting was called to order by Mayor Stockton at 2:10 P.M. Present were Clmn. Hodson, Kulin, Johnson, and Hafemeister. Mayor Stockton explained the Pacificus Case and asked that a motion be made to send the City Manager to Anchorage to sign the papers and receive the money from Coastwise to release the City from any other responsibility. Clmn. Hodson, "I make a motion to authorize City Manager, Headrick to go to Anchorage and sign the release from Coastwise Lines regarding the Pacificus Case settlement." Clmn. Hafemeister, "I second the motion." All members present voted yes. Mayor Stockton appointed a committee to canvas the ballot of the General Election of October 6, 1959. Clmn. Johnson and Kulin were appointed. Mayor Stockton gave an unofficial report on the election. Committee agreed the results as found and tabulated by the Election Board were correct, and recommended they be accepted. Motion to accept the recommendation of the committee who canvased the ballots was made by Clmn. Hodson. Motion was seconded by Clmn. Hafemeister, and all members present voted yes. Mayor Stockton thanked and released the out going Council members of their duties and welcomed the in coming members to the Seward City Council. The new members were sworn in by the City Clerk. The meeting was adjourned at 2:40 P.M. \ ":']~ a ~44), PERRY . STOCKTON, JR. MAYOR / ATTEST: I"~ , (' ,1, L.z" "I City Clerk '::_/.:f.:.q / ------------------------------------------------------------------------------- SEWARD, ALASKA Regular Meeting - October 5, 1959 The regular meeting of the Seward City Council was called to order October 5, 1959 at 8:00 P.M. by Ma)f~tockton. Present were Clmn. Hafemeister, Johnson, Kulin, Hodson and Leirer. Also present was City Manager Headrick. Absent was Clmn. Lowell. No people were present. Minutes of the regular meeting of Sept. 21, 1959 were read and corrected by councilman Hodson, who asked that the names of Colonel Paulsen, Major Newstrom and Major Turner be inserted in the paragraph on the discussion of the Army Rec. Center. Also Clmn. Hodson asked that U. S. Deputy Marshall be inserted in front of Pat,Wellington's name. The minutes of the Special Meeting of Sept. 30, 1959 were read and approved. Under Old Business, City Manager Headrick stated that he had aOill from City Attorney Buckalew on the Pacificus Case Settlement and that the City had settled for $10,000.00; out of this, there would be attorney fees of $750.00. The Seward Fish and Cold Storage also settled out of court for approximately $13,000.00. Clmn. Kulin stated that he was under the impression that in order to collect, the City of Seward should have a written release from the Seward Fish and Cold Storage. Mayor Stockton stated that he was quite sure that the City didn't have any thing to worry about on this matter. Seward Fish and Cold Storage had refused to put anything in writing, to absolve the City of any future Claims. There being no further discussion of this matter the Council then went on to New Business. The first matter under new business was for the Insurance Bids for the Fleet Policy. This bid is to be called for and submitted by 5 o'clock on the 14th of October. Mayor Stockton suggested it be best to leave this up to the new Council, who could call a special meeting in order to award the bid. Clmn. Hafemeister asked if the City Small Boat Harbor was covered for Liability and City Manager Headrick stated that they were. Clmn. Kulin asked about a Blanket Policy and City Manager Headrick stated that it would cost more as we would I 98 have to insure up to 10~ of value. Clmn. Kulin stated that he was under that the City could save up to 2~, City Manager, Headrick, stated at the investigation it would cost the City more money under the Blanket Policy. decided to leave it up to the new Council. the impression last It was ~ ::::c ~ :J> ~ Regular Meeting - Oct. 5, 1959 Continued The next business was that of the B.P.R. Maintenance Agreement. City Manager, Headrick, read a letter addressed to Mayor Perry Stockton from Mr. Zimmerman regarding the proposed City Maintenance Agreement for the Fiscal year 1960. Clmn. Kulin then asked if the B.P.R. could still dictate on how we should keep our driveways, City Manager Headrick stated that they could until they turn third avenue over to the City. Councilman Hodson stated "I make a motion that we authorize the Mayor to sian the B.P.R. Contract." It was seconded by Clmn. Hafemeister. All Council members voted yes. City Manager Headrick stated that all candidates in the comming election had signed their petitions, and were satisfied. There being no further business, the Council adjourned at 8:35. G/ Q~lt /, PERRY ~ STOCKTON, JR1- MAYOR ATTEST: /j'( < "./ 1./ ,~ -.' ...-<- City Clerk l J ~"7- -------------------------------------------------------------------------------- Special Meeting - October 14, 1959 A special Meeting of the Seward City Council was called to order at 8:00 P.M. by Mayor Petrovich. Present were Clmn. Hodson, Kulin, Walker, Zentmire, and Jergens. Absent was Clmn. Hafemeister. The purpose of the Meeting was to award the insurance bid on the City's electric system and water system's Fleet Insurance and Comprehensive Liability; also to nominate delegates to the League of Alaskan Cities convention to be held in Nome. The council first turned to the awarding of the insurance bid. The question was brought out as to why the bid of Harry West was so much lower than the bids made by Pat Williams and John Smith. It was explained by the City Manager, Headrick, that the prior years Fleet Policy was not made available, and that Mr. West who held the~olicy for the prior year was able to offer a lower rate due to experience ratingC~d this information was not available to the other two bidders. After general discussion the motion was made by Clmn. Jergens, "I move that the bid be awarded to Harry West provided coverage of all bids after an analysis by the City Manager are the same; bids to be in the amount of $3,100.79." Seconded by Clmn. Zentmire and all members present voted yes. It was then the concensus of the Council that the City Manager should write to the Frank Burns Insurance Company requesting a copy of their prior policy as Mr. West does not have it in his file, and the Anchorage Representative of the General Insurance Company is unable to locate the policy in their files. The council then turned to the next item which was the electing of delegates of the League of Alaskan Cities Convention. Councilman Hodson made the motion, "I move that Clmn. Kulin and Jergens attend the League of Alaskan Cities Convention." Seconded by Clmn. Walker and discussion followed. Clmn. Jergens expressed the opinion that it was his feeling it would be better to have someone else attend the convention and suggested that it be Mayor Petrovich. After a general discussion Clmn. Hodson withdrew his motion and Clmn. Walker withdrew his Second. There being no further business the meeting adjourned at 9:10 P.M. "~ /., I" I /' (' I"~~v ~~=~(~I .' ("{?,/( "- ALEX PETROVICH - MAYOR ATTEST: , t.. 1 "//.,,- Li " v' '", , City Clerk r "iJ;J ~ .-, Regular Meeting - October 19. 1959 The regular meeting of the Seward City Council convened October 19, 1959 at 8:05 with Mayor Petrovich presiding. Present were Clmn. Hodson, Jergens. Zentmire, Kulin, Walker and Hafemeister. Also present, City Manager. Headrick. People present were Mr. Jim Allen, Mr. Watts, Mr. Monte Richardson, Mr. Fleming, Mrs. Pat Williams, Mr. Ray Lee. and Mr. Jack Werner. The minutes of the regular meeting of October 5. special meeting of October 7 and also special meeting of October 14, were read and corrected. It was stated by Clmn. Walker that there was no definite statement in the minutes on the approvements of the Pacificus Case settlement. Clmn. Kulin answered Clmn. Walker's question by stating that this had all been going on for quite awhile and is brought out in previous minutes. The minutes were approved as read. Under people present, Mr. Jack Werner made a request to have a retail package liquor license transfer, from Lot 402 on third avenue, to Lot 412 on third. which was to be moved approximately six lots north. Clmn. Kulin asked if Mr. Werner's property bad been properly zoned and it was stated tbat it had, and it was legal for the council to make the transfer. Mayor Petrovich then asked if it conflicted with the distance of the church and Mr. Werner stated that it has been moved further away. Clmn. Hodson, "I move that we approve Jack Werner's request" seconded by Clmn. Hafemeister. All Councilmen voted yes. The next item was Mr. Keith Copeland's request to transfer his liquor license from the Plantation Club to the old Northern Bar, which he has leased from Mr. Harry Kawabe. Mr. Copeland was not present. Clmn. Hodson, "I make a motion that we table this matter until the city has a chance to speak to City Attorney Buckalew, and also investigate as to the status of Mr. Copeland's sales tax for 1958." Seconded by clmn. Kulin and all council members votes yes. Still under people present, Mr. Fleming stated that he would like to know where the authority was received to chlorinate the water. City Manager Headrick stated that the Health Department is practically demanding that this be done, and it was their suggestion that we cooperate with them. City Manager Headrick also stated that the chlorination is under strict supervision and that the Health Department can take us to court and demand chlorination. Mr. Jergens then stated that Mr. Fleming's question was not so much as to the procedure, but does the city have the authority to go ahead and do this without asking the approval of the public, without a vote. Clmn. Kulin stated that the state law supercedes the city laws, and was sure that City Manager Headrick had a copy of this law. City Manager Headrick stated that he had, and Mr. Fleming or any individual could come up to the City Hall and it would be made available to them. As there was no more new business, the council then went on to Old business with the discussion of electing delegates to the League of Alaskan Cities Convention, to be held in Nome, November 4 thru the 8th. City Manager Headrick stated that he had made application for reservation on the Charter Flight. Clmn. Hodson remarked that all councilmen were entitled to go and wished that Clmn. Kulin and Jergens would reconsider. Clmn. Jergens stated that he had been briefly associated with the city problems and would like to be withdrawn as a delegate. Clmn. Kulin added that it had been the procedure in the past, that the Mayor, City Manager, and one councilman attend. After a discussion it was the concensus of the council that Clmn. Kulin attend, unless something comes up and he connot make it. Moving on, City Manager Headrick then outlined the agenda at the League of Alaskan Cities Convention, as follows: Schools: Clmn. Jergens asked where the school monies came from and City Manager Headrick stated that the state pays 807. and the City 20%, our cost was between $75,000.00 and $90,000.00 a year, he added that 30% of our school load was outside the City limits. As long as our enrollment was under 500, the state refunds 80%, if it is over 500, the state refund is 75%. Mayor Petrovich stated that this was an item of extreme concern and we should have good representation as far as school questions are concerned. Clmn. Hodson suggested that we get some information from the School Board for the benefit of the delegates. Labor: Amendment exempting smaller cities from prevailing wage scale on public contracts and goverment unit responsibilities. District Magistrate Court System, in which City Manager Headrick stated that the City Magistrate System would be thrown out January, 1960. The fourth item on the League agenda was Employment Security, followed by Public Safety, next was control of dogs. City Manager Headrick stated that among people present, was Monty Richardson, who wanted to speak on this problem. Mr. Richardson stated that there were packs of dogs hanging around the school grounds, and wished that something be done before the situation becomes serious and some child is injured. Clmn. Kulin then asked how the City handled this, and City Manager Headrick stated that it was under the Police Jurisdiction. Mr. Ray Lee added that he had talked to a policeman about this problem and was answered, "the people could take care of their own dogs." Mayor Petrovich stated that the City Manager should look into this situation, and see that it was taken care of. I 100 Regular Meeting - October 19, 1959 ~ ~ ~ The next item was Sales Tax, City Manager Headrick reported that our sales tax collection was better than ever, and outlined the procedure if the state collected it. City Manager Headrick added that he assumed this money would go for education. He then briefly went through some of the high lights of other problems that would be brought out at this convention. ~ ~ Going back to Insurance Bids, Clmn. Jergens asked if they had been checked back in agreement with bids, and City Manager Headrick stated that they were and Harry West had been awarded the Insurance Bids. Under New Business-City Manager Headrick read a letter from a Mr. R. Borden, concerning a Utility bill he had received in the amount of $6.12, for one KW., and also the increase in valuation on his property tax. City Manager Headrick explained the minimum rate of $6.00 a month on electricity, and also the equal rate of assessment. Mayor Petrovich instructed City Manager Headrick to answer his letter in the City's best form. Next a letter from the B.P.R. regarding third avenue drainage. City Manager Headrick stated that the trouble was, the people were putting in fills to get across their driveways. this was blocking the water and it was getting back in under the. pavement. He stated that the city had put in a bridge on Mrs. Puckett's driveway, as sort of a model to showevery- one just what would pasa.specifications. Adiscussion ensued on the city having a stock pile of uniform size culverts and people buying them from the city.. Clmn. Hodson made a suggestion that the city find out just what size pipe would be pass- able to put in. A letter was then read from Joe Josephson, Legislative assistant to Senator . Bartlett, concerning availability of Federal Funds to Seward. City Manager Headrick stated that he had wrote to Senator Bartlett concerning Federal Aid, and Mr. Josephson is gathering information and should be received shortly. The next letter read was from R. H. Anderson, General Manager of the Aaaska Railroad concerning a use permit, for parking space at the Small Boat Harbor. The lease was granted under certain conditions and would terminate on Oct. 31, 1964, at this time the council suggested that it be renewed. Clmn. Jergens suggested poles be put up 20 feet from the rails, as cars and trailers were parking to close and it was a hazard to the Alaska Railroad. Clmn. Hafemeister requested that the Harbor Master keep the area across the track clear of parked cars, in case of fi~e or any other emergency. It was stated that the Harbor Master was given policing powers and it was up to him to keep, this area clear at this time Clmn. Jergens related that the Harbor Master's fee was a nominal one, and he had to find work outside of his Harbor Master duties to make a living, and it was inconvenient for him to be there at all times. Clmn. Hodson stated that no motion was necessary, just a directive to City Manager Headrick to keep this area clear. City Manager Headrick then read a letter from the Department of Labor, Safety Division signed Emery F., Kennedy, concerning James Sumptner's boat the '~rilee" which burned in August. Eight sticks of dynamite were found aboard, the letter stated, and because no detonator caps were found and the amount was less than 300 pounds, no action would be taken; however, they suggested that the city Council set up a ordinance. A discussion followed on this with Clmn. Jergens stating "I move that the City Manager be directed to act on the correspondence received from the Department of Labor, proposing an ordinance prohibiting the carrying of explosives on board craft in the Small Boat Harbor, without a specific permit." Seconded by Walker and all council members voted yes. Moving on, Clmn. Kulin stated that this was probably under old business, but he had talked to City Manager Shannon and Mayor Lounsberry of Anchorage about an ordinance regarding old vehicles left around town. He stated that a problem existed, and they would be very happy to loan uO a copy of their ordinance. Clmn. Kulin stated that if these vehicles were of any value, they s~uld be assessed as such. Clmn. Jergens added that the Planning and Zoning Commission has a revision of the exisiting ordinance, stating that any junk yard, occupying an area of 10 x 10, comply with certain parts of the zoning area. He stated that erecting an eight foot fence would be sufficient, as it was more of a matter of getting them out of sight. Next on the agenda was the paying of bills. After all councilmen had reviewed them, Clmn. Hafemeister asked if there was a way of keeping closer contact with surplus supplies in Anchorage, he added that in the past the city has bought surplus equipment for 4% of cost. City Manager Headrick stated that the main problem was that someone would have to be there at the right time, and thia was almost impossible. Clmn. Walker then stated that bids should be called when such large amounts are involved, so if there happens to be any question about anything, the merchWWts can be shown the bids. This was the Ilfteral concensus of the council. Clmn. Kulin then asked if any of the merchants submitting bills were delinquent in their sales tax. City Manager Headrick stated that he could not state offhand, but would check on them. Clmn. Walker then asked if this I :ill' ~ " Regular Meeting-October 19, 1959 Continued procedure was a legal one and Clmn. Kulin replied that it had not been checked for legality, but had been working very nicely. Clmn. Kulin "I move the city be instructed and authorized to pay the bills, except those delinquent in sales tax." Seconded by Clmn. Hafemeister. Clmn. Hodson then suggested that here after no bills be submitted, unless they are up to date in their sales tax, - .1- 11l..8IS!ast- ad ~at here, af~-ftO M'lls B8 ."~ed-,-\mle&fl ~--al'e"'-12p to d&t-e-iB -their saKat'!'v, and also suggested a resume' on one sheet of paper so to make it easier to go through. Clmn. Kulin then withdrew his motion and Clmn. Hafemeister with- drew his second. Clmn. Kulin "I move that the City Manager be authorized and instructed to pay bills as presented, total amount not to be in access of $5,544.39, and exclude amounts found to be delinquent in sales tax, not to be paid." Seconded by Hafemeister and all council members voted yes. Bills listed as follows: Seward Public Utilities; $853.45, Standard Oil Company,$287.78; Seward Trading Company, $10.89; Yukon Equipment Inc., $97.80; National Supply Co., $319.10; Osbo's Electric Supply, $11.60; Palace Cafe, $18.00; Minnesota Mining and Manufacturing Co., $250.44; Modern Motors, $2.70; International City Managers' Association, $7.50; Kenai Lumber Company, $25.60; Franklin Supply Company, $28.73; Color Art Printing Company, $31.50; Craig Taylor Equipment Co., $128.80; Bay City Motors, $17.25; Andy's Oil Delivery $30.83; Alaska Fire Equipment Company, $6.50; Anchorage Oxygen Company, $3.10; Seward Water System, $495.00; Seward Electric System, $101.70; Petticoate Gazette, $68.00; B & C Auto Electric, $23.88; B & C Auto Electric $47.74; Bay City Motors, $10.50; Bearing Engineering & Supply Company, $2.68; B & C Auto Electric, $265.17; Seward Hardware Company, $1,761.15; Seward Builders Supply, $445.92; Seward Plumbing and Heating, $12.24; Anchorage Telephone Directory Service, $3.50; Total amount was $5, 369.05. Clmn. Walker then requested a rundown on the status of offices, boards and commissions, general administration offices and special offices. City Manager Headrick stated that he would have to look these up before he could give a final answer. Clmn. Kulin then suggested that he thought it would be a good idea to have the minutes available of the Utility Board, or have the City Manager keep a list of the high - lights of anything of importance. It was also suggested that a reading file of minutes and also carbon copies of all in coming and out going correspondence from the City Hall be made available at the Council Chambers. Clmn. Walker asked City Manager Headrick if he were Acting City. Manager, he replied that there was no such a thing as acting City Manager, only if he were out of town, and then the City Clerk, Blanche Gray, would be acting City Manager. Clmn. Hafemeister then asked just what the City Manager's duties were. City Manager Headrick stated that along with the City Manager's duties, he is Comp- troller, Manager of Electric System and Water System, Ex-Officio member of the Charter Commission, Planning and Zoning Commission and the Small Boat Harbor Commission, and laision between the School Board and City Council. He is also a member of the School Armory Board. Mayor Petrovich asked City Manager Headrick if he was bonded as a City Manager, he replied that he was not bonded as a City Manager, but as a chief accountant on a position Blanket Bond through John Smith. Clmn. Kulin asked about the breakdown, 407. Utility and 207. water, City Manager Headrick stated that this policy was adopted July 1, 1958 by the Council. The question was then brought up as~to whether the City Manager's raise was approved by the Council. City Manager H~adrick stated that it was brought up in the budget. ,.","", Clmn. Jergens stated that if it was brought up in the budget it was sanctioned to ~~"C! be approved, and it should be made a matter of record now if it hasn't been. Clmn.j~ 1 Walker then wanted to know what the Utility Board's feelings were on the breakdown, City Manager Headrick stated that they were not very happy, but that they were getting by for less now then they ever were. Clmn. Kulin then looked back in the minute book and found that on March 23, a special meeting was held, he read in the minutes that at that time their were two vacancies to be filled, City Manager and -City Clerk, and that ~.,Headrick and Mrs. Fish agreed to go along, on their present salries up to- the-emt~&' 'i{J~~, until such time that there would be a election to see if there was to be a City Manager. Clmn. Hodson stated that he was shocked to find that the City Manager is getting $12,000.00 a year. Clmn. Kulin stated that that wasn't the point, at the time of entertaining bids for a City Manager, ne felt that some new man out of college could give us a good job for $9,000.00, and five years later be worth $12,000.00. He added that some would come for $750.00 a month. Mayor Petrovich stated that the general run of discussion seems that it would be sensible to sit with the Utility Board and arrive at a definite settlement to find out if City Manager Headrick is a suitable City Manager and an acceptable one. Clan. Hodson stated that if we met with the Utility Board where does it leave us a policy making body, Mayor Petrovich added that we have to live with them and be a harmonious policy making body, and we want them to be satisfied; also both bodies have to work with the man. After much discussion of the council it was the general feeling of all to think this over for a few days r . 102 Regular Meeting - October 19, 1959 Continued ~.) ::t".: ,.."\ , . and hold a special meeting Monday the 26th of October to rectify~ the status of the City Manager. :J> t::'.roI At 10 minutes to 12, Clmn. Kulin moved that the meeting be adjourned, seconded by Clmn. Zentmire. ((c~, \" ). __ )1 l~________ . /, /" ')'. C' L L '- t" (/ ALEX PETROVICH - MAYOR ) ATTEST: /) /. t, . I. City Clerk ( J. "j ------------------------------------------------------------------------------- Special Meeting - October 2n,- 1959 A special meeting of the Seward City Council was called October 26, 1959 at 8:05. Mayor Petrovich in the chair. Present were Clmn., Jergens, Zentmire, Hafemeister, Walker, Kulin, and Hodson. Also present was City Manager Headrick. Clmn. Walker suggested that Item 4; which was the clarification of the City Manager's salary and bond be moved up to item 2; People Present, her reason being, that it may have a direct bearing on the action taken on the agenda. Clmn. Kulin stated that the reason People present were heard first was so that they would not have to stay during the whole meeting, if they did not wish. Clmn. Hodson moved "that Item 4 be an Executive procession." Seconded by Clmn. Zentmire. Vote: Clmn. Kulin, yes; Jergens, no; Walker, no; Hafemeister, no; Zentmire yes; Hodson, yes; Mayor Petrovich broke the tie by voting Yes. Under people present Mr. Keith Copeland stated that he would like to re-open the old Northern Bar, and would like the Council's approval or dissapproval, based on his character and integrity, he stated that the legality of the transfer was up to the Lequor Board. Mayor Petrovich read a letter from the City Attorney, Buckalew on this matter, in which Mr. Buckalew stated that there were too maney bars in the city per capita. Mayor Petrovich asked the council if they approved of his operation in the city limits. Clmn. Jergens stated that he understood Mr. Copeland's request, as more of a personal reference as to his reputation and character and it had nothing to do with the actual approval or dissapproval ~ tiLL &:...1 rrl'O'Yal'..r'd!.84p~1- of the transfer of his liquor license. After a discussion, it was the concensus of the council not to make a decision at this time, and Mr. Copeland should furnish the City Manager with a written request and he would advise the council. Next on the agenda was the appointment of the City Attorney. Clmn. Walker asked if he was on a month to month basis, and what his fee was. City Manager Headrick stated that he was retained by the month and is paid $275.00 a month. Clmn. Kulin felt that if we possibly could, we should obtain another City Attorney, as Mr. Buckalew had not attended one Council meeting a month, which he is supposed to do. It was the general opinion of the Council that Mr. Buckalew would be maintained as City Attorney until the Council had more time to deliberate on this matter. The appointment of the City Magistrate was next on the Agenda. Mayor Petrovich stated that it was his opinion that we reaffirm Mrs. Bonnie Southard's appointment as City Magistrate and retain her at her former salary of $100.00 a month, rather than break in a new one. Clmn. Hafemeister, "I make a motion that we retain Mrs. Southard as City Magistrate until such time as the state takes over." Seconded by Jergens and all members present voted yes unanimously. The appointment of the City Treasurer was next. Mayor Petrovich made a suggestion that Mrs. Elezabeth Mahan be attained as City Treasurer at $10.00 a month. Clmn. Kulin asked what the City Treasurer's present time duties were, and if there would be any change. Clmn. Walker stated that according to the laws, the City Treasurer was supposed to know the authority of the expenditures and to sign certification as to the financial condition of the City. Page 17 of the Municipal code was read stating the duties of the City Treasurer. City Manager Headrick stated that if these laws were followed, the City Treasurer would be a full time job. Clmn. Hodson suggested that resolution be passed authorizing the Mayor's signature on checks. This was also the opinion of the rest of the Council. Clm. Walker stated r Special Meeting - October 26, 195~()~ Continued that since this was a special meeting, there was doubt if they could consider it, as it takes an item on the ~enda. City Manager Headrick stated that the Council should set a definite date and pass a resolution authorizing Mrs. Mahan and Mayor Petrovich's signatures on checks. Clron. Walker said that if it called for i ) ~~fl resolution, it would have to be posted for ten days and the meeting would have to JC<I,I'''';''' be November 16, 1959, and that a bond would have to be acquired by the City Treasurer for twenty five per cent of the total receivable tax. Clron. Walker, "I move that Mrs. Mahan be appointed City Treasurer of the City of Seward, to be 'effe'ctive November 16, 1959." Seconded by Clron. Hafemeister and all members voted yes. In reviewing the 1959-69 Budget, Clron. Hodson asked about the $1,500.00 Planning Commis~ion and the $3,773.79 Capital Improvement Fund. City Manager Headrick stated that the $1500.00 was a bill from the Alaska Housing Authorities for our participation in the Long Range City Planning and the $3,773.79'was for interest on the Hospital Bond, as we had already retired out' fifteen, $1,000.00 bonds due for 1959-60 and 61. There being no further discussion, the budget was tabled for a later date. The trip to Fairbanks for the City Manager and the City Attorney was discussed next, City Manager Headrick stated that the City of Fairbanks has a system in which theY~,~bllect their delinquent personal property tax, and the City Attorney has ,,-.-e~ jUJ'fC~ wt~t~ 'and called them, but have not been able to get enough information on their pn'"t 7 system of collection. Clron. Hodson asked about the Small Claims Court, and wondered why the city couldn't use this means of collection. City Manager Headrick stated that he would have to consult the attorney on this question. Clron. Hodson moved "that item 6 on the agenda be tabled until information forth coming relative to collection of personal property tax from Small Claims Court." Seconded by Jergens and all members present voted yes. Clron. Hafemeister then stated that he had citizens who wanted to know why the office of the City Hall were not open from 9 till 5. City Manager Headrick explained that the window was closed at three for cashing up, posting and other book work, and that no one was ever truned away after three. There being no further business, Clron. Kulin moved that the meeting be closed at 9:05. '~ ,j;. ;//, ' . if- '-/1 ALEX PI!TROVICH - MAYOR ({--~,'yl u't ATIEST: " L j, j . / / /' ' , , " -~ l/! :/1..( '/./ ,t( ~I City Clerk 1 --------------------------------------------------------------------------------- Special Meeting - October 27, 1959 A special meeting of the Seward City Council convened at 2:00 P.M., October 27~ 1959 with Ma~or Petrovich in the chair. Present were Clron. Kulin, Jergens, Hodson, and Hafemeister. Absent was Clmn. Walker and Zentmire. The purpose of this meeting was for authorization of signing checks for the City of Seward. Resolution 138. Clron. Hodson "I move that rules be suspended in order to pass resolution 138." Seconded by Kulin and all members present voted yes. Clmn. Kulin, "I ~I'a..t;ion to adopt resolution 138, under suspension." Seconded by Clmn. Hafemeister. Clmn. Jergens moved that the meeting be adjourned, seconded by Clmn. Kulin. -; /' /' ,; [('Ie';' If07/((' ALEX ,~ETROVICH - MAYOR ATIEST: l, / ! f j.. _ ,Ie, City Clerk ./ / / r-- -------------- 104 Spacial Me~ting October 26, 1959 ~ ::t ~ :r.;. ~ The special meetin~ ot this date reconvened at 11:40 P.M. after an executive session. The purpose of tllis was to appoint an acting City Manager. Mayor Petrovich in the Chair. Present Clm. Hafemeister, Hodson, JerLens, Kulin, Zentmire and Council woman Walker. ~rr. Headrick was asked if he cared to continue in the dual capacity of actin~ City ~anaSer and Comptroller as established by the Council and at the rate of compensation as previously also established, and Mr. Headrick advised that he did not want to assume the duties of both the City Manager and the Comptroller at the $700.00 a month. Mayor Petrovich called for a move by the Council and Clm. Madson stated. "I move that we appoint Alex Petrovich as Acting City Manager temporarily until we can screen and hire applications for a City ManaLer, at a dollar a year', inasmuch as ~~. Headrick does not desire to continue under the terms of the ~arch 23, 1959 proposal." Second by Clm. Hafemeister. Vote: Clm. Hafemeister, yes; Hodson, yes. Jergens, yes Kulin, yes; Walker, yes; Zentmire, yea. Motion carried unanimously. Clm. Hodson then stated, "I move that we draft a re~olution authorizing Alex Petrovich as acting City Manai:,er to sign the checks on the City's general fund, the Sales tax fund, the 1949 School Bond Redemption Fund, the Capital Improvement Fund, Seward Marineways Fund, the Sewer Bond fund, the Armory Bond funa, and all other city disbursements." Second by elm. Kulin. Vote: Clm. Hafemeister, yes; Hodson, yes; Jeriens, yes; Kulin, yes; Walker, yes; Zentmire, yea. Motion approved unanimously. Meeting adjourned at 12:15 P.M. after motion by Clm. Kulin with second by C1m. Hafemeister and unanimpus approval. ~ (t (t'" l l-r~,~ -, { I ALEX PETROVICH, hAYOR ATI'EST: ,'/ '~ ,2u.~.:~ r Special Meeting, November).., 1959 The regular meeting of the Seward Ci ty Counc il convened at 8: 07 November 2, 1959. Mayor Alex Petrovich presiding. Present were elm. Hodson, Hafemeister, Jer~ens, Kulin and Council woman Walker. Clm. Zentmire arrived at 8:15. The minutes of the regular meeting of October 19, were read and corrected as follows; elm. Jergens wished to delete the sentence, "If it was brought up in the bud~t, it was sanctioned to be approved, and it should be made a matter of record now, if it hasn't been," and insert "If the budget is considered the authori t;jT for increase of the City ,-Bnager's salary, then it should be supported by council aetion or resolution." This change was the wish of all councilmen and all voted yes. Also in the same minutes, tile words fiscal year be cilleted. The minutes of the Special meeting of October 26 were read with this correction made. Clm. Walker asked City Manager Headrick, instead of said, ttat if it calM for a resolution it would have to be posted for 10 days. Also the word written be replaced with the word wrote. The minutes of the Special meetin6 of October 26, were read and correcteJ as follows, ,. I move that we appoint Alex Petrovich as Acting City ~~naber temporarily until we Cctn screen applications and hire a City Manager, instead of screen and hire applications. In th~ minutes of the Special Meeting of October 27, Clm. HOBson wished to change Clm. Kulin's motion to a move. The minutes were then approved. Under people present, Mr. George Gallaway presented the council with a profit and loss statement, and asked that his garbage contract with the city, be terminated, effective as soon as possible. Mr. Headrick addej that there was no,statement in the contract tLat would require either party to e:;ive notice of cancellation. elm. Kulill spoke for the tJenefit of people present that Mr. Gallaway pays the city $301.00 a month for the contract, which is used to keep up our garbage dump. He added that when the contract was let, the fee was $2.50 a month and twice ~rr. Gallaway has asked for some releif, each time a 50~ increase has been ullowed. Clm. Kulin thought that the bids sho~ld be kept open 60 to 90 days to allow enough time to get needed equipment. Mayor Petrovich asked Mr. GJ11away if his truck would be available for s31e, and j\I;r. Gallaway replied that it woul3- be. Clm. Hodson "I move to table the item on Garbage Contract to a special weeting, when ever it is convenient with the rest of the Council."Clm. Hafemeister, Second. A discuss ion on the time limit ensued. Mayor Petrovich aske d the council just what their wishes were. Clm. Kulin sugGested sometime within 15 days. Mr. Gal1a-.;ay asked the council if there was any specific information that he could bring them at that m'~eting. Clm. Hodson suggested that he bring the figures he wanted for his truck, Mr. Headrick thought that this should be between Mr. Gallaway and who ever he sells it to. It was the unanimous vote of the Council that this meetinb would be held sometime within 15 days. r Special Meeting - October 26, 195~()~ Continued that since this was a special meeting, there was doubt if they could consider it, as it takes an item on the ~genda. City Manager Headrick stated that the Council should set a definite date and pass a resolution authorizing Mrs. Mahan and Mayor Petrovich's signatures on checks. Clmn. Walker said that if it called for a ) S.~fl' le"!/ t' <.-'1.1'.....( resolution, it would have to be posted for ten days and the meeting would have to ~ be November 16, 1959, and that a bond would have to be acquired by the City Treasurer for twenty five per cent of the total receivable tax. Clmn. Walker, "I move that Mrs. Mahan be appointed City Treasurer of the City of Seward, to be 'effe'ctive November 16, 1959." Seconded by Clmn. Hafemeister and all members voted yes. In reviewing the 1959-69 Budget, Clmn. Hodson asked about the $1,500.00 Planning Commis~~on and the $3,773.79 Capital Improvement Fund. City Manager Headrick stated that the $1500.00 was a bill from the Alaska Housing Authorities for our participation in the Long Range City Planning and the $3,773.79'was for interest on the Hospital Bond, as we had already retired out' fifteen, $1,000.00 bonds due for 1959-60 and 61. There being no further discussion, the budget was tabled for a later date. The trip to Fairbanks for the City Manager and the City Attorney was discussed next, City Manager Headrick stated that the City of Fairbanks has a system in which tQey~cbllect their delinquent personal property tax, and the City Attorney has ""--"'- f<J'IC' wt~t'e"'and called them, but have not been able to get enough information on their Fn."'~ 7 system of collection. Clmn. Hodson asked about the Small Claims Court, and wondered why the city couldn't use this means of collection. City Manager Headrick stated that he would have to consult the attorney on this question. Clmn. Hodson moved "that item 6 on the agenda be tabled until information forth coming relative to collection of personal property tax from Small Claims Court." Seconded by Jergens and all members present voted yes. Clmn. Hafemeister then stated that he had citizens who wanted to know why the office of the City Hall were not open from 9 till 5. City Manager Headrick explained that the window was closed at three for cashing up, posting and other book work, and that no one was ever truned away after three. There being no further business, Clmn. Kulin moved that the meeting be closed at 9:05. '-:J I. - .~[I ~./l ALEX PETROVICH - MAYOR ({~;~-- ~' --/ U?I ATTEST: /~"/""./ . , - /. ~ :..- L ~/ City Clerk /. / <'.-! (/ 1 --------------------------------------------------------------------------------- Special Meeting - October 27, 1959 A special meeting of the Seward City Council convened at 2:00 P.M., October 27~ 1959 with Ma~or Petrovich in the chair. Present were Clmn. Kulin, Jergens, Hodson, and Hafemeister. Absent was Clmn. Walker and Zentmire. The purpose of this meeting was for authorization of signing checks for the City of Seward. Resolution 138. Clmn. Hodson "I move that rules be suspended in order to pass resolution 138." Seconded by Kulin and all members present voted yes. / Clmn. Kulin, "I ~"a'-1IIOt;ion to adopt resolution 138, under suspension." Seconded by Clmn. Hafemeister. Clmn. Jergens moved that the meeting be adjourned, seconded by Clmn. Kulin. ') ,// .~ L('!c/ ,Ii-Tm~{' ALEX1>ETROVICH - MAYOR ATTEST: l, / l( .j~1 _ /[...L City Clerk ) / , r=- 104 Special Me~ting October 26. 1959 ~ ~ r.: :r-... ~ The special meeting or this date reconvened at 11:40 P.M. after an executive session. The purpose of tbis was to appoint an acting City Manager. Mayor Petrovich in the Chair. Present Clm. Hafemeister, Hodson, JerLens, Kulin, Zentmire and Council woman Walker. ~~. Headrick was asked if he cared to continue in the dual capacity of actin~ City ~~nager and Comptroller as established by the Council and at the rate of compensation as previously also established, and Mr. Headrick advised that he did not want to assume the duties of both the City Manager and the Comptroller at the $700.00 a month. Mayor Petrovich called for e move by the Council and Clm. Modson stated. "I move that we appoint Alex Petrovich as Acting City Manager temporarily until we can screen and hire applications for a City ManaLer, at a dollar a year, inasmuch as ~~. Headrick does not desire to continue under the terms of the ~~rch 2J, 1959 proposal." Second by Clm. Hafemeister. Vote: Clm. Hafemeister, yes; Hodson, yesr Jergens, yes Kulin, yes; Walker. yes; Zentmire, yes. Motion carried unanimously. Clm. Hodson then stated, "I move that we draft a reBolution authorizing Alex Petrovich as acting City Manat,er to sign the checks on the City's general fund, the Sales tax fund, the 1949 School Bond Redemption Fund, the Capital Improvement Fund, Seward Marineways Fund, the Sewer Bond fund, the Armory Bond funa, and all other city disbursements." Second by Clm. Kulin. Vote: Clm. Hafemeister, yes; Hodson, yes; Jer~ens, yesr Kulin, yes; Walker, yes; Zentmire, yea. Motion approved unanimously. Meeting adjourned at 12:15 P.M. after motion by Clm. Kulin with second by Clm. Hafemeister and unanimpus approval. ~ / ..,~ !~- C {Ll' l i ( ~/lIC I ALtX PETROVICH, ~~YOR ATTEST: ., ~ "1 ./ f LW".":;/-r. Special Meeting, November J.., 1959 The regular meet ing of the Seward City Counc il convened at 8: 07 November 2, 1959. Mayor Alex Petrovich presiding. Present were Clm. Hodson, Hafemeister, Jergens, Kulin and Council woman Walker. Clm. Zentmire arrived at 8:15. The minutes of the regular meeting of October 19. were read and corrected as follows; elm. Jergens wished to delete the sentence, "If it was brought up in the budi8t, it was sanctioned to be approved. and it should be made a matter of record now, if it hasn't been." and insert "If the budget is considered the authority for increase of the City j.anager's salary, then it should be supported by council aetion or resolution." This change was the wish of all councilmen and all voted yea. Also in the same minutes, the words fiscal year be dlleted. The minutes of the Special meeting of October 26 were read with this correction made. Clm. Walker asked City Manajiter Headrick, instead of said. ttat if it calM for a resolution it would have to be posted for 10 days. Also the word written be replaced with the word wrote. The minutes of the Special meetin~ of October 26, were read and correctel as follows, "I move that we appoint Alex Petrovich as Acting City ~~naber temporarily until we can screen applications and hire a City Manager, instead of screen and hire applications. In th~ minutes of the Special Meeting of October 27. Clm. HOGson wished to change elm. Kulin's motion to a move. The minutes were then approved. Under people present, Mr. George Gallaway presented the council with a profit and loss statement, and asked that his garbage contract with the city, be terminated, effective as soon as possible. Mr. Headrick added that there was no,statement in the contract tLat would require either party to ",ive notice of cancella tion. elm. Kulin spoke for the tJenefi t of people present that ~jr. Gallaway pays the city $301.00 a month for the contract, whicl, is used to keep up our garbage dump. He added that when the contract was let, the fee was $2.50 a month and twice ~~. Gallaway has asked for some releif, each time a 50~ increase has been ullowed. Clm. Kulin thought that the bids sho~ld be kept open 60 to 90 days to allow enough time to get needed equipment. Mayor Petrovich asked Mr. G111away if his truck would be available for s31e, and !.\'ir. Gallaway replied that it would be. Clm. Hodson "I move to table the item on Garbage Contract to a special meeting, when ever it is convenient with the rest of the Council."Clm. Hafemeister, Second. A discussion on the time limit ensued. ~~yor Petrovich asked the council just what their wishes were. Clm. Kulin suggested sometime within 15 days. Mr. Galla-..-ay asked the council if there was any specific information that he could bring them at that m,,,etine:;, Clm. Hodson suggested that he bring the figures he wanted for his truck. Mr. Headrick thought that this should be between Mr. Gallaway and who ever he sells it to. It was the unanimous vote of the Council that this meetinb would be held sometime within 15 days. r Mr. Ed. Lynch, of Goodyear tire was present and was heard next..He stated that about six weeks ago he had a call that the city needed tires for equipment. JVlr. Lynch stated th,t he Clme down and asked if the same deal would hold as last yea,rs. A purchase order wus hinded to him and the tires war", delivered. He said that now, someone was unh3pPY, and he had come down to Sewaaldto clear this up. Mayor Petrovich stated that this 101"'; a matter of procedure and'Nas not in the minutes, and .not in agreement with tilis councils thinkinb' which should of be.on submitted for bids. Mayor Petrovich "dded that the council had declined to make payment 00 ao outright purchase. Mr. Lynch told the council that he could give the city these tires cheaper, but would cut ~r. mohnson out of his 7t per cent. Mayor Petrovich added that an a/!,reement l'Ias sustdined by a motion and brine;s to)' '>, ("1 light now-, and taken exception to by this body to take a purChase of this size Ie f.~J" i on a bid basis only. Mr. Lynch went on, stating that some of the tires were in use, and that the deal was made in good faith. He said that Mr. llohnsoo had payed for half of the order and it would take .\ lot of book ,wrk and expl.ining on his part. He could make an exception, but it would IT8ke a hardship on Gus Johnson, himslef and his office. Clm. Hodson said .that if an~l tires were in use. the instructions had been violated. Mr. Headrick said that two tires were in use. ooe on the police car and one on the grader, and to his knowledge, this was all. Mr. LYl1ch stated that if it pleased the council to get out from under it, to pay for the ones in use, and return the others.. He said ~hat he had declined the present bid because the information wasn't sufficient. A representative from the Firestone Tire and Rubber Co. was present and stated that the specifications in the bids were wBe open, there are proper types of ,tires for parLcular uses and sugbested that the superintendent or council work with him, or Mr. Lynch on this. and set up specification by grade, classififation and ~uality. and then bid. He said that he would be happy to do this. and then submit his bid over again.Clm. Hafemeister " I make a n.otion that in thl:l future, all city business that comes up to sealed bids, be opened at the Council meetings. not at the City Hall." Second by Clm. Jergens. All council members voted yes. with the exception of Kulin and Walker. Clm. Hafemeister did not vote as it was then discussed for inf.ormation purposes. Clm. Walker felt that this was the responsibility of the City Manager, to open bids and give thl:l anaJ-ysis to the co~ncil, and then they would act on his analysis, especially on Insurance Bids, to look them over a,Jd evaluate. Clm. Hodson thoU&bt that the City ~~nager would want it that way, to which Clm. Kulin spoke and agre.d that he might, but it was part of his job to evaluate them so as time wasn't wasted.. Mr. Headrick stated that it had bec.n tne policy to open the bids at the meetins and evaluate them latter, .to sav.e time. Clm. Hafemeister said that the IDain objl:lct wa~ to prevent leakage of information so any particular party could be under bid. . I-lr. Headrick then said that there is a deadline on these bids. and the date and time they come in are stamped on the envelope. Mayor Petrovica asked the council if thl:lY would like to have a me~ting for the purpo~e of consicerin~ bids and Clm. Walker replied that she would not want to be call1:ld upon to vote witnout an analysis. Clm. Jer~ens then said that the motion was for thl:l openinS of bids, not awarding. A vote was retaken and all voted yes. with the exception of elm. Kulin, who voted nQ. 105 The next person hl:lard from was JVJrs. Gillespie who was representing the P.T.A. I-lrs. Gillespie read a letter tLat had been sent to I-lr. Downing, Commissioner of Public Roads, concerning guard r.ails on the lagoon Road. Her request c.as that the council back up the P.T.A. by sending a letter urging that an investigation be made and soml:lthin.; be done. Mayor Petr"vich asked If the letter should be writtl:ln by him; and the Council agreed that it should have the ~~yor's signature. Clm. ~M !If) Kulin stated that letters have been written, and thir answers is that there is 100- ,.,<~v_ '- miles of road that need it more than the Lagoon Road" . Mrs. Gillespie then asked the council if the city could do somethinL, about the fact that there is no shoulders on the Lagoon Road. It was explained that the reason was to provide a minimum maintunence for run off of water, and this would take a lot of work from the high sources down. Mrs. Gillespie then requested for some sort of promise to see that the sanding equipment was out before the school bus got to the Lagoon. JV~jor Petrovich promised that the city would do the best they could. Oliver Amend then spoke Clnd said that he would like so see some force used. He said that since the Bureau created this hazard. they should be responsible for it. it a school bus went off the road, we \>Jould really have a mess. I'layor Petrovich said th.~t the Council would lIldke every effort not to exhaust any possibilities to see that some- thing be done. Clm. Walker suggested kel:lping a file on all letters that have been written on this matter. "'t was decided that the Acting City ManClger should write these le.tters. IvIrs. Beth I-luller then suc;gested that everyone of us write a lEtter or send a telegram. this might be one way of ge'ting something done. ~~yor Petrovich added that this .,as a vel'y /:;;ood point. and it was the concensus of the Counc il to use a mass directive. Mrs. Elizabeth "13h"n was present and asked the Counc:i.l just what hl:lr job consisted of as ti,e new Ci t~, T~easure. It wa.J eX}jl&ined that princ ipally, her job was the signing of City checks, and she should avail herself to any type of information that she mi~ht need. Major Petrovich then thanked Mr. Fred Kielcheske .for his serviCl:ls as City Treasure in the past and up to November 16. Father Hall presented himself and asked t[.e Council for the permission to install r-' 106 of tte night nurse. He said that the hospital would but wanted pennission of the Council and supervision Clm. Kulin,. "I move that the request be granted.' I All counc il me. bers voted p:e$. p;.y for tht' equipment. of the city to put it up. Second by Clm. Hafemeist~r. ~... ,..- "".^d ,-, '"' an emerbency light on t:le transfonner pole at the hospital, for t.he purpose :J;;;oo ~ Under Old Business, the Fire 1'18rshalls report by Clm. Kulin was first. Clm. Kulin read a letter from Fire Cheif Fred Kielcheski regarding tr~ Seward Grade School, making certain changes and reccoillITlendations, Clm. Kulin added that to com"lete- these changes, unofficialy,. it would take about $10,000.00 and would be necessary to close down the school, however for about $4000.00 the most ~portant changes could be make and the school kept open. Fire Cheif Fred Kielcheske sjJoke next and said that the Fire !Varshall seellJ8 to .figure that by installing a sprinkling system in the corridors, they could get by for now. He said tbat he would be ",lad to answer an;y qutlstions and also that he had a film concerning the fire in the Chicago school, that would be shown Wednesday in the fire hall and Thursday at the U.S.O. .,md also. ti,e P.T.a. could sho\-! it if they wished. Mr. Fabricious then spoke and stated that the people should not be alarmed, he had went over these reccomrnendations of the Fire ~arshall and felt that most of these were corrections, also he thoue;ht t[,at the city wOllld be lucky to make thestl chane;es for $10,000.00. He [aid that several thini;,s could be done to eliminate tllese f ireha2iards and t old the council that at the present time they could tlmpty to grade school in a little under two minutes, and the hi~h school in alittle over a minute. Clm. F~femeister asred ~~. Fabricious how frequent they have these drills and was told one a month, weatller permittin&. Mayor Betrovich then asked the council what their wishes were dnJ it was th~ir wish to .have a joint meeting with th.;) school board and set up a definite finan- cing program. Mr.Kilcheski was also asked to IDtlet with them. Mr. Casey then explai ned that their problem was chtdf ly the money. Clm. Walker then sUjk;ested asking the school Board for a definit~ proposal for action 'Ul to the .financial program. JII:ayor Petrovich stated that i:1' the City pays ,or it, tb:: Council should have an outline of what has to be done in steps and the amounts to he spent. The expediency and urgency would depend on how much money can be allocated. Clm. Hodson su~g6sted appropriatin. a sum of money for an engineering survey On the cost of the system, this way they would have :Jomething to go on. I'lr. Casey sadld that this waE very fine, authorize us to get one and we will get the best we can. Clm. Walker thought that the money sho~ld be appropriated for what the fire marshall deemsppiority in the "!iY he sees it. Clm. Jergens then asked for the letter to be read from the fire marshall so that they could continue <<n with the subject. Mr. He,adrick suggested calline; Charles Tryck to <:;et some information. , ~Jayor Petrovich added that ~omething would be needed to go by to provide necessary coverage and satisfy the Fire ~~rshall, then start from there. Clm. riodson sUbbested contacting the Grinelle people, who put out books on this subject, and let tl,em carry the ball from there, and also appropriate money .in case they can- not get information from the company, then have a meetint.; when the .'layor gets back from Nome. Mr. Fabricious sUbgested takin6 floor ,plans of th~ school ~nd goine;; up to see Charlie Tryck on his way to Nome. JIIlr. Casey told the council that the Ass. of Alaska School Board will meet :i1Palmer the 8-9-10, and maybe they will come up with some answers the reo It was t[,en decided to pledge $50Q.00 toward. the survey, and contact the Grinelle COli~any first. Mr. Fabricious would take care of the correspondence. A letter from Frank Burns, ~leet Insurance Copy was read by j\I~yor Petrovich. Clm. Hodson asked why the policy was $201.15 more than the bid. Mr. Headrick explttined Uat this wac tl,e old poilric,y. This required no action by the Council. The Armory Insurance was next with !V.r.. Headrick explaining that .the City has $75,OOQ.00 invested in the Armory and could carry up to $75,000.00 in insurance. He stated that if the Armory should burn down, it was his opinion. that the money would go to the National Guard. Mayor Petrovich asked if we were forced by ordinance or resolution to protect our money and Mr. Headrick said that he did not think so. Clm. K\Jlin said that .since we had this money invested in the AIillory, it was hoped that somet:.ing could be won.ed out to get it ba~k. elm. Walker said tLat as she understood it, the Armory does not reverte back to the City until 25 years, and the city has no title, some paymeht should go to the city, if it went to the National Guard, there would be no object of our insuring it. elm Kulin stated that unless there were stipulations, it certainly should be .investigated. JIIIayor Petrovich added that the Council should not consider this a closed subject. ;;e.GI1'li~The ballking of the Pacificus Funds was siscus.sed, !\IIr. Headrick s "id that City f~~~ ,~ Attorney Buckalew had advised the council that it would not make any difference as to which Fund this was deposited, and it had been dscide~ upon by the Council to put in in the General Fund. The Home Rule Charter Status was then discussed. Mr. Headrick said that this was still in Mr. Buckalews hands and was at a $and still, unless he ll~kes reccommendations to change it. Maior Petrovich asked if it was th~ intent to put Goth the Home Rule Charter and the Street Paving Status on the uallots at the same time. Clm. Walker thought that it would be the best and ~~. Headrick added that it would be r 10?' ~g! ~~eBR~~~'wi~ttmfe~~~~tn~~~gn~;'a~aaaeig*pl~iR~dh~Ra~nKei~BalwaeRo~epYRuld. point it down, but before he brings it back, he thought 80meone should bO over it w,ith 111r. Buckalew. n:';':lor Petrovich tt.en asked about the Str"et Paving Status, and Mr. Headrick said that he had a letter from Buckalew about two months ago outlining what has to be done. He said that he was in the process of dBaftin~ a resolution, ~nj when this was completed, it would then be brought up for vote. Then the Bondinb Company would be contacted. It was the wishes of the Council, that i'Jr. Headrick keep the uall rolling on thss matter. League of Alaskan Cities. wa~ next on the agenda. Clm. Kulin told the council that he could not go. Clm. Hodson, I 'Moved that we authorize the expendityre of money for Alex Petrovich to go to the League of Alaskan Cities Convention." Second by Clm. Kulin, all council members lroted yes. The Council then discussed the sum of money and it war the. concensus of the council that $400.00 be authorized for the trip expense. Mayor Petrovich then advised the. Council that Mr. Headrick, through the co-operat ion of Mr. Stockton and Mr. Painter was compiling a revised list of the Cities current status. On the Chugach Proposal, Mr. Headrick said that he. was waiting for Mr. Clyde Arde~ proposal, then it will go to the Utility Board and then to the City Attorney, and then he wasn't sure, but probably to the City Auditors. He added that every- thing had been taken care of up to da~e. Condemnation proceedu~e~ on taxes was, next. Clm. Hodson thought that. we should. have a copy of the Small Claims Court Lagislation to see just what we could do. Mr. Headrick said that he ilad asked Buckalew about this, and it was his off hand opinion that it could be done, and would get his written opinion on it. Clm. We Hodson thought that if we had a copy of these laws, we could pre-determine our- selves. A discussLn followed as ~o.the decisions of the court and was decideli that each councilman read the ordinanca. Clm. Hodson ., I move that we taule discussion on Condemnation Procedures until after the trip to Nome." Second by Clm. Hafemeister, all members voted Y0S. A letter from Dr. Ill8acs in regards to th", dog situation was read and siscusseli. Due to the fact that this problem has already been tRken care of, it was decided that Mr. Headrick send a report to the Seward Hospital Board. The City Managers Applications was brought up next. ~~yor Petrovich stated that a survey has been rrade on the existin~ applications, and a wire has been sent to each one, so far 11 wires have b~en sent and the replies have been surprisins, a few of these wires could not be delivered because of addresses, however there was one the Council was very much interested in. Clm. Hodson asked if someone should go out and interview the man and it w.as Clm. Zentmires opinion that he shodd come up here. ~~or Petrovich asked if it was the councils intent to advertize further, or review tI,e existing applications. It was discussed and decided to review ttese and run an ad in the Anchorage Paper, the City Managers Bulletin and also the U.S. ;1mployment Office. Clm. P.afemeister said that the thin.Lof importance after the decision was mude, is in the way of checking on him, he thought it should be turned over to an agency who makes t(~is their business. It was decided to write to Orrin F. Nolan, Executive Director of the National Association of City ~mna&ers and tell ljim that applications for City Manager were bein~ considered. Clm. Walker then read a letter that had been sent to the Wharton School of Financing, reg.,rdin/j; qualified interested individuals, and it was decided that she sho',lld write further lotters to schools using this same form. At ten minutes after 12, Clm. Kulin asked to be excused and Clm. Hodson moved that the meeting be adjourned, as there were no seconds and quite a bit left on the agenda, the council continued with a breif run down on "ach. The Mayor asked Clm. Jergens to give his opinion on his findings. Clm. Jergens said that he had contacted Attorney Talbot and had received quite a bit of advice, however Mr. Talbot did not wish to become involved, but would reconsider, only if they were unable to obtain anyone else. Mr. Headrick then told the Council that he had asked for a legal opinion snd had suggested that his lawyer send a copy of his opinion to the ~~yor ~nd Council. Clm. Jergens suggested going to the City Attorney, if not to anyone else. f1.1ayor Petrovich asked Clm. Walker if she would like to get 3n opinion and sh., replied tbat she didn't know if she definitely could do it. It wa~ the concensus of the Council to ask the City Attorney to attend the next regualar meeting. Liability Insurance on the water department was then discussed. Mr Headrick explained that the Insurance had expired the 15th of October and would be put out for bid. Clm. Walker asked why the present policy had expired and Mr. Headrick stated thatathe time the Insurance came due, we didn't have a copy of the policy, however we are covered for ]0 days after the lapse of the policy, which would be the 15th of November. Clm. Hafemeister then spoke on behalf of the previous r lOB discuss5.ons 'IDd stated, " I LL8ke a motion the': in the futll:'e all council merr,bers b", excluded from bidtlin"" pertainin.o; to Ci ty Business." Glm \-{alker said that Lost weulJ be guided by ethics and proper proceedure and they would decide for themselves. The Council felt that because they wer.e on the council. it wasn't fair for them to be penalized. Clm. Hafemeister then withdrew his motion. ~ =0 ~ J;> =:... :l..;;a III ,,-' J--, Clm. Hafemeister then asked if there was an ordinance in the books ree;:o:rding Food Handlers be examined an;i show certificates as such from the Departmen1t of Health, and if there was it should t_,ke immediate effect and be enforced. Mr. Headrick then read that s~ction of the Ordinance. Mrs. Kay Ferguson spoke and said that th.;; city did have a Health Council at one time and thought it should be, considered again. Clm. Zentmire said that he thought that the state _was the one that done the checking, not the city, and Clm. Walker replied that the emforeament ~as up to the State Health Officers. Mrs. Ferguson then told the Council that a ~bbile Unit should be here in December or January and she would try and e;et tr,e answers, and wished again that the establishing of Health Committsali and Health Officers would be considered. She lolould also make inquiries to the Health Department. The Quick-Way Proposition was discussed and decided to further negotiate with the Utility Board on this matter. Mayor Petrovich asked Mr. Headrick the finan- cial status of the General Fund, and ~~. Headrick told him that there w.as $30,000.00 in the bank. At 12~45 elm Hafemeister HIlde a motion that the meetin~ be adjourned, second by Clm. Zentmire. All members present voted y.s. -~ / . / / /-/ f--~- ---- , / ~ lC- I'" ;' 72C'! le/, A "'X PETROVICH. fvlAYOR . ------------------ ------------------------------------------------------------- Special Meeting - November 9. 1959 A special meeting of the Council was called to order at Hafemeister, Hodson, Jergens and Walker being present. Zentmire. Mayor Petrovich in the Chair and Comptroller 8:08 P.M. with ClmQ. Absent Cllln. Kulin and Headrick also present. The purposes of this special meeting, as follows: Review of agreement between ,the C~ty and Vern Digerness. C.P.A. Discussion regarding City Clerk. , Report on League of Alaskan Cities Convention. Discussion of Future Agendas. Council's opinion on news releases. Proceeding with the first item for discussion, Mr. Headrick read a letter dated February 10. 1959 from M~. Vern Digerness regarding audit of the City books, and he also read the motion made by Clmn. Leirer in the February ~, 1959 minutes whe~eby it was agreed that Mr. Digerness should be engaged to audit the City books in an amount not to exceed $1800. Mr. Headrick reported that the audit . had been commenced and went on to say that it is now in the final steps. Clmn. Hodson asked if there was a time limit in the agreement ~ tRe~eme~ and Mr. Headrick stated. "No, there is no litnit." Clmn. Jergens asked if this would be as of June 30 and Mr. Headrick stated that it wou14 be for the fiscal year ended June 30. 1959. Mayor Petrovich stated that it was the consensus of opinion at the League of Alask4n Cities that cost accounting be used in the utilities and he asked what Mr. Franklin felt about this. Mr. Franklin was among the' people present and it was brought out that he is the individual who is conduct- ing the audit of the City's books. from the office of Vern Digerness. Mr. Franklin stated that actually a regular audit is a review of the balanc~ sheet of the accounts at a particular time, - first of all a confirmation of those accounts and a review of operations for the period then ended and for the ppinion that goes with the reports, th~s is an opinion of the statements. primarily. The accounts balances are reviewed at ,the time to see that they are correct and a review is made of the operations for the period then ended and an opinion is given relative the operations as to whether that par~icular statement is fairly stated or not. Actually the ~eport is a standard report and it is actually written as if this balance sheet were prepared by the person but that is not the case. it is prepared by the auditor. The auditor is obliged to carry out innumerable tests. He is out primarily to determine that the transactions are proper and that they were authorized and that th~y did get the services for which they paid. Clmn. Jergens said, "Then. the audit is merely certification that the accounts of the city are kept in proper order or that that they are properly kept." r Special Meeting - November 9, 1959 Continued l'{"I1't ~.~, ; Mayor Petrovich then asked about Mr. Franklin's relation with the Utilities and again stated that it seemed to be the opinion of those at the League of Alaskan Cities that the Utilities should be on cost accounting. Mr. Franklin stated that cost accounting applied to manufacturing primarily. Cost Accounting is an analysis of the cost of units, - an analysis of the cost of a unit or of a particular job. With your qualifications, is it unreason- able to assume that cost accounting could apply to our utilities, asked Mayor Petrovich. He went on to say that if our system for the Utilities is the best, I would be satisfied, but if it is not, I will not rest until it is. Mr. Franklin stated that he couldn't directly answer the question, but an analysis of the plant and the efficiency of the men would certainly help, but there is much that can be done 50 far as budget is concerned. Clmn. Jergens stated that if we had periodic reports on the financial condition of the utilities and the city, then we can guide these things. He went on to say that the primary purpose of a budget is to know where you are at a given time. Mr. Franklin stated that he did not think that our system is 50 different, but it may be that other cities just carry it out more diligently. Mr. Headrick stated that we should realize that other cities have a complete staff of personnel whereas we do not. Mayor Petrovich asked if Mr. Franklin thought anything without definite planning was the right course for the city and Mr. Franklin, stated, no, definitely not. He continued that he could not recommend any construction job, - this certainly should be an engineering project first of all and it certainly should be authorized. The discussion then turned to the water system and the cost of the 6" water line into the Marine Foods plant on the Army dock. Mr. Headrick advised th?t without going back to the records, he could not say what the cost was, but that an exchange had been made whereby the City got the old 4" water line materials Upon a question, he stated that this was brought before the Utility Board at a special meeting and it was decided to exchange the new 6" pipe for the old 4" pipe and about $100,00. Mayor Petrovich stated that he felt all these things sould be planned ahead of time, - the feasibility should be proven first and then the expenditure. In regard to the water system and apparent necessary improvements, Clmn. Jergens said that he would recommend that we have prepared an estimate of income, an estimate of mainenance expense, and show the items of our bonded Indebtedness, amortization, interest requirements, etc. 50 that we will know where we stand, and then perhaps we can take some intelligent action, and also he recommended that any capital expen~itures be gone over with the utility Board. He continued that he would like to see the picture before we take any action. Until we get this report back from Chas. Tryck, stated Mr. Headrick, we cannot get this complete picture, but Clmn. Jergens stated, '~ut there is much that we can do along these lines before that report." Clmn. Hodson stated that up to this point he did not know of any authorization for a chlorination system, and it was generally agreed that there was none. Getting back to the actual reviewing of the agreement between the City and Mr. Digerness, Mnyor Petrovich inquired as to the status of the audit at this point and Mr. Franklin advised that he had gone to a limited amount of work on certain phases. Clmn. Jergens advised that it was his impression that the audit of the City books would seem to be pretty much in order. Upon a question put be Clmn. Jergens, Mr. Franklin stated that he is a C.P.A. with a certificate in Oregon and that he has a license to act as a C.P.A. in the State of Alaska. He continued that he does have a considerable amount of municipal auditing experi- ence. It was agreed that the Council desired to be well posted on the financial status of all phases of the City and Clmn. Jergens stated that we must put it this way - that we must have these reports or we cannot know where we stand and are not getting anywhere. Mayor Petrovich asked what is the thinking of the Council with relation to this agreement. He stated that he would appreciate an opinion here with regards to this authorization for this audit. I think that seems to be well substantiated, stated Clmn. Jergens, - I think that is in very good order. Clmn. Hodson agreed. At this point Mr. Franklin advised that contract or not, he wished this Council to be satisfied. A discussion was held regard- ing the relationship of Mr. Headrick and Mr. Digerness and the appearance of a close personal relationship and also it was brought out that there were r~-u - 110 Special Meeting - November 9, 1959 Continued ,~ :0 ~ :;po =-c no other proposals invited for this audit. Regarding the relationship, Clmn Jergens advised that an individual, as a Certified Public Accountent, would not jeopardize his certificate by bringing out a slanted report, and that he would stipulate that it may be advisable to secure several proposals for next years' audit, but as a matter of his own personal opinion, he thought that this proposition was accepted, - there was a meeting of the minds of previous Council and he felt that the amount was in order for, he assumed, the amount of work that had to be performed, and other than the fact that there may not have been several proposals secured, he felt it was very fair. Mayor Petrovich asked if it was agreed that we should go along with this audit and then when the next one come about, we secure additional proposals. Each Council member concurred that this was fair and that this was the way we should proceed. Mayor Petrovich stated that he would say this, - we would like to have copies of the reports that are submitted to the Utility Board from the auditors. The Council members concurred also in this. The next item was discussion regarding City Clerk. Mayor Petrovich advised that Mr. Headrick had previously stated that one of the employees would soon be leaving and that he had also told us of the qualifications for the City Clerk, and that the salary was distributed 40-40-20. The discussion went on to inquire what the new City Charter called for in this respect and it was pointed out that there is only the one copy,of the proposed charter and this was not readily available. Mayor Petrovich stated that he would like to make an appointment right now,-that he would like to appoint Bea Watts. It was the agreed opinion of the Council that Mrs. Watts was a person of integrity and of versatile capabilities and that she would administer the position with competence and efficiency. It was agreed that Mayor Petrovich should contact Mrs. Watts and advise her of her appointment to the position of City Clerk. There was a discussion relative the salary and its place in the budget, and Mr. Headrick advised t that there really was no salary set up in the budget as such inasmuch as the salary therein included the position of machine operator as well as City Clerk. It was agreed by the Council that the salary should be $500.00 per month and Mrs. Walker felt there should be an incentive element allow- ing for a possible increase after a length of service. ~ r-Jf2' //~ 1'-" ,'" ~. Item 4, Report on League of Alaskan Cities Convention, was tabled for the time being due to the fact of its length and the lack of heat in the Council Chambers. Regarding future agendas, the Council was advised to have agenda items ready by Friday Morning prior to each meeting. Relative the Council's opinion on news releases, Mayor Petrovich asked, in the absence of Mr. Travers of the radio station, would the individual Council members care to take turns making out news releases the next day following council meetings. It was felt that the Council minutes would be the basis of these releases and it was not always possible to have these typed up the very next day. It was felt that it might be better to have the releases from an observer's point of view, such as when Mr. Travers could be there. No further discussion. It was moved by Mrs. Walker, seconded by Mr. Hafemeister that the meeting be adjourned at 10:33 p.m. ATTEST: /." I .., " _ ~. , t.... ,/~L City Clerk , ;,,(--- r l~-r -,. .., . -.y ~egulRr Meeting of November 16, 1959 The regular meeting of the City Council WRS called to Hafemeister, Jergens, Kulin and Walker being present. Mayor Petrovich in the chair and Comptroller Headrick order at 8:10 p.m. with Cl~n. Absent Clron. Hodson and Zentmi r' '. and City At tQrney Buckalew pre:,er it The minutes of the regular meeting of November 2nd were read. Corrections as follow~': (:) Clmn.Walker requested a correction regarding the statement that the Council had dec:Ld"d to put the funds from the Pacificus settlement in the general fund to the statement that the Council had asked where the funds were banked and the Council had been advbed th!'tt the funds were placed in the general fund. Clmn. Kulin concurred with Clmn. Walk"r and further that the City Attorney had advised this was a correct action. (2) Clmn. ':fa..k"r said that she did not make the recorded st"tement th'3t the enforcement of the Health Ordinance was '1 duty of the State; she s'lid that Clmn. Zentmire m'lde this state'!':ent. ( :) Mrs. Walker also re(juested correction of tbp words"100 miles of road" to hundreds of miles of road that need protection regarding the lagoon road problem. (4) Mayor Petrov' C1! asked for a correction of linps 11 anrl 12 t)n page In5 saying th'lt he sain th'1t the pre-- sent council was not in agreement with a previous motion awarding tire purchases to Goodyear Tire Company without cO!!lpetitive bids ann he believed all purchilS€of this sort be made only from competitive sealed bids. Minutes approvpd as corrected. The minutes(;;~f thlt, Yiec~~twmeeting of November 9th were read. Corrections re(juested a" follows: (17 'f\:..oi'lld: !1Ke .to have included in the minutes my stand, as you will recall, that I felt that the position of city clerk shou1d be advertised. Correction agreed to. Minutes approved as corrected. Myr. I'etrovich reporterl that he had attended the previous Utility Board meeting to learn about the ,.Tater conta'llinati'1l" problem as "Tell as the overall W'1ter supply problems. The survey being made for the Water Dep'lrtment is not yet completed. Myr. Petrovich continued tint Nr. Char}es Tryd:, :n,";ineer, w"s to r.;;VP. given the Council i'I"ormation of pos si ole sol'-lt: one to the Wit er CO' ,t 'UniliJ t ion p rob:!. F'ln but he apfc,. rently ;"85 rot '1bJ '" to 'l'",tend thL mefeting. :VII'. :'rJ~k h:>cI i',,1:icated that a civil erie..llCer c..,,'-1 0"> CUT:s:id- ered qualified to do L ~le work Seward ':iF, tee f' :'yst ",on '\eeded a:1r1 that ire h'lr1 OVt'r;jet'J! the establishing uf ma:JY WT~er puri fyine syco} e'~lS. Ee l",c::>mrnended a ga:' chlorinatlrtg sy" L em, recormnended 10c'3ting the source of the cOrltar::in2tion ClS most of the sam[les have beer: taken from v'1.rious points in the system and not from the source. Nr. Tryck h'ld also advised that funds were a\''1.ilable through '1. Gov.,rn:nent agency at a very low rite of in,. terest for projects of this niiture. The preliminary repo>'t has not been prepared 'lnd this ,.,ill require a ".eek or two; however, a means is available for engineering and plan- ning over 'l three year ~eriod. This can then be presented to the City and it costs nothing, it is interest free and the only stipulation is that the work must begin ,,'ith:Ln three to five years on the water system and as soon as the work of the project is begun, payments must begin. The program which Mr. Tryck is suggesting can permit repayment over do thirty year period by means of revenue bonds and the terms of the program are such as to allow broad, over-all municipal planning. ~. Petrovich noted that he per- sonally favored such a program which would enable the City to make an orderly ['lan of all. cormnunity needs. Nr. Darling of the Utility Board indicated that a full 'lnd proper program would be '1pproved to give the people the full and correct protection of a good water system. Myr. Petrovich then discussed the possibility th~t Forest Acres and perhaps other con- tingent areas might wish to join the City of Seward and be a part of 'l long-range plan. He mention~d the difficulties involved in meeting the connecting land requirement for annexation but indicated that there Here avenues of solution to be explored here if desired. Nr. Buckalew asked if the City provided any services outisde the City limits now. Myr. Petrovich replied that electrical, water and sewer services were supplied to persons living outside the city limits. Street clearing is not provided outside the city limits. He mentioned also that the State will establish a rate commission in the near future to regulate public utilities rates. Mr. Buckalew said that the first ques- tion to be dealt with was whether or not the people outside the city wished to come into the city. He outlined the necessary legal steps to take in order to affect annexation. Clmn. Jergens remarked that it seems well understood that if per~ons outside the city limits wish to come in and make request by petition and if it looks like a majority do wish to come in, that the City will consider this. He concluded that he had not heard of many requesting to come in. Mr. Buckalew concurred that in each case the people must initiate the petition and then the City will decide whether or not they want them and whether they can afford the administration. Mr. Buckalew continued that he thought the State would not object to the City of Seward administering the property between it and Forest Acres. The same situation exists in Anchorage and the State owns and leases the land to the City and the City gets the revenue from the improvements. He did not think the State would object to the City of Seward extending its administration beyond its limits. Myr. Petrovich asked Mr. BUCKalew if the implementing of the prospective borough system would have an impact on local planning or the Forest Acres area. He replied that as he understands it the whole State will be divided into boroughs, organized or unorganized. He offered to do some research as no one seems to know just what the arrangements will be. ~n reply to Clmn. Jergens question, he replied that a borough amounted to about the r-.c- 112 Regular lleetin[ JJovember 16, 1959 I- ;::t ,.. sa:ne thing as a county. It was asked if the people of Seward had anything to say about annexing other areas. Mr. Buckalew said that the people of Seward were represented by their elected representatives in this matter - ie the City Council. Mr. Jeffrey spoke of ideas brought out ilt the School Boards Convention recently regarding boroughs in that a borough must be compatible with its surroundings and fulfill its purpose of being a service unit. He continued that ifan annexation program failed that possibly long-range, area- wide planning could still be accomplished under a borough. Mr. Jeffrey continued that it might be well to consider the effect on the local schools if an area larger than Seward were taken into the City. He pointed out that the State provides 100% support for non-district schools and that Seward enjoys the attendance of a larger percentage of out of district pupils than any other school in Alaska. These pupils are given 100% Sta,t.e support for educ!l.tion cost except for certain capital expenditures while State support for Seward pupils is 80% and with increased district enrollment through annexation, this would go to the 75% bracket. This could amount to a loss of State support of a~ut $25000.00 and in addition the bus system for school children now ' serves ~ out-of-district pupils and is reimbursed by the State. With annexation of a larger area, Seward would be paying for part of this bus service. He concluded that it is not known how the school problems mentioned above may be affected by the borough system~ but that as treasurer of the school board for the past two years, he was aware of the complicated nature of the problem. Myr. Petrovich recognized Mr. Fabricious, Supt. of School, who reiterated Mr. Jeffrey's data regarding school financ- ing and went further by indicating that approximately $140.00 per student less money would be collected from the State far the 47 children at Jesse Lee Home and the 27 children presently coming in from Forest Acres if these areas were annexed. This would amount to about $10600.00 less revenue per year which the district would have to raise. He discussed the property tax millage that would be necessary to recover this amount of money and pointed out that there would be no property tax revenue from Jesse Lee Home. He continued that the trend of the legislature seems to be more and more of a burden on local people in the matter of education and this is just the opposite of the trend in the other states where through state taxation and support educational opportunities and quality of schools are equalized. He concluded by saying that whenever a district takes in an area whi ch cannot pay its own way, it will be a burden on the present tax- payers. Mr. Jeffrey remarked that the recent anticipated shortage of furds in the bus service for out-of-district pupils had been alleviated and that the School Board had been notified they could expect 1001. of b1s cost for out-of-district and a certain per- centage support on the other pupils. C11lll1. Kulin said that he presumed Mr. Fabricious was asking a question about the City's intention regarding Jesse Lee Home and annpexa- tion and said further that to the bes t of his knowledge the City had never proposed to ask the Home to become PiTt of the Ci ty. J;; . ". Myr. Petrovich concurred that only the achninistration of the state lands was involved here as it relates to providing adequate planning for the entire community. Myr. Petrovich asked for suggestions on how to accomplish this area-wide planning realiz- ing that Forest Acres is part of the community whether the City wants to include them in the City or not, tl'at the planning of community services must make plans to admin- ister services to this area. There being no suggestions he referred back to Mr. Tryck's pending v isi t to Seward to explain means of corranunity improvement. Mrs. Joanne Hoogland asked if it were true that any planning would be implemented by revenue bonds. Myr. Petrovich answered that was so by means of 4-7/81. revenue bonds with 1/8'1. reduction for each five years less pay-off time. He continued that this is only a tentative plan being explored as a basis of a more sound finanCing of the city. Mrs. Hoogland then asked if it were true tl'at a petition must be presented with 3010 of the residents of an area signing to request anne~tion. Myr. Petrovich replied that this is true. Mr. Bob Muller asked if he had urderstood Mr. Buckalew to say that if Farest Acres were annexed they would have the City and borough government each over them. Mr. Buckalew replied tha tit would be ei the r one or Ue o the r _ not two local taxing units over the same area. Mr. Buckalew asked if there were improvements such as the water system and the schools which would require new bond issues and Myr. Petro- vich replied that it appeared so, however, the need now is also to understand a means of financing such a bond issue and it is hoped to arrive at some such plan to be handled through revenue lxmds. Mr. Buckalew asked if this included the street illl>rovement plan ard the answer was no. Mr. Buckalew said that he thought Seward was pretty close -to the limit of bond selling ability now. He questioned Mr. Headrick regarding his under_ standing from their mutual conference with the bonding attorneys but Mr. Headrick said his unierstanding was that this applied to the Utilities Department. Mr. Buckalew however felt that on both Utilities and property bonds that the City of Seward would have difficulty in selling additional bords. Myr. Petrovich concluded that it is not yet known definitely. Clmn. Walker asked Mr. Buckalew if he could advise if a borough would likely include a natural service area such as Forest Acres appears to be to Seward. Mr. fuckzlew" replied that the language used by the planners was a .socio-economic unit. whatever that is . The problem of a borough is to prov ide service and he continued tha t it does seem to him that Forest Acres wouild come under the service area of the City. The theory of the thing seems to be to create an area to provide services. Mr. Fabricious asked if any- one knew how school districts aOO boroughs were going to be coordinated. He said that school people did not know and yet about 501. of the taxation will be for school district r I i ~r':r're7:'ll")e?:'" ~_6,J_~SS I!)j purpoees. Mr. Buckalew remarked that school costs amount to one-half of the State budget so it would seem correct to him to assume that a similar amount might be ex- pected from borough tax revenues. Myr. Petrovich commented that it did seem clear that the boroughs would encompass the areas now served by the school districts and he would urge the people to explore every possible aspect of the coming arrangements" including the new road being promoted to shorten the di stance to the oUe r side of the Peninsula, and to consider that the local borough may cover a large area into the in,tertor of the Peninsula. He continued that he thought everyone could reali ze that the present meeting was of an exploratory nature rot hoped to impress on the people that this is a matter to be considered. There was a suggestion from Mr. fuckalew that Seward send a representative to the meeting of the Boundary Commission in Fairbanks the 19th but it was decided that a good turn out with questions presented to their representative who would come to Seward would be adequate. Mr. Elbe asked if Forest Acres were annexed if the City would give the area the pro- tection of a restricted building code such as it now enjoys or if they might expect shacks to be permitted. Mr. Buckalew replied that the City has the power to deter- mine the type of improvements of any area within its limits and that he would think the protection would be provided. He pointed out that probably the shacks mentioned were built before the City had a zoning commission and could not enface the building code. Cbm. Jergens concurred that the Planning & Zoning Board would handle the specifications and know that a proper building was planned before granting the build- ing permit. There was general discussion of the sequence of events at the time of annexation of Clearview. Clron. Walker suggested that possibly nothing definite could be accomplished at this meeting but that perhps information could be secured from the Local Affairs Division of the Governor's office of which the Boundary Commission is a part. Clron. Jergens preferred to have a report from the meeting with Mr. Hughes of the Boundary Cormnission before approaching Juneau. Myr. Petrovich agreed to close the subject as with Mr. Tryck's absence this discussion was for the purpose of giving the people a preview of what might be expected from his report. R r~aIding~ 'I ltli-<1Y "eed. pc',u' ~"I CIron. Walker asked if Mr. Buckalew had any recommendations for the Council regarding the upcoming Home Rule Charter. He replied tI-at he had read it and made some cormnents of which he believed the Council was aware. He continued that everyone should know the importance of this document and tha t while he was satisfied with it as City Attor- ney, it is for the people to decide and, of course, you have the Charter Commission organized under the grandfather clause of the Constitution. The discussion brought out that the COllncil considered they could review the proposed Charter and ask for corrections or cI-anges, that a public hearing for questions would be held shortly, that not later than the following week copies of the Charter will be available for the members of the Council and possibly a special meeting will be reeded for study. Myr. Petrovich asked Mr. Headrick for a run-down regarding the purchase of the quick- way crane from the Utility Department. He said tI-at the street depirtnent was using a crane which was about down and dangerous. The Utility Department has a Quick-way not in use and it has been suggested that the City buy it. The two departments have negotiated and arrived at a stalemate - the Utility Dewrt~nt would likJil tp receive $1400.00 for He crane and the City feels $1000.CO.1SMt~sTi~~fiMi;"Uthity ~rd Chairman, was asked if an agreement had been reached. He said the Utility Board would like to qet their price. Clron. Jertens suggested an equipment pool wi tlt rental billings to the City up to $1800.00.. Mr. Headrick suggested the sale could be applied to the Sl~OOO.,OOowing the City by the Electrical System. Mr. Trevethan commented that he was considering this plan and that since the Electric System uses the back-hoe for most of its work, he thought the City should have this piece of equipment that it needs. Clron. Je~ens restated his position that in matters of this sort all departments of the City should be using the same equi}Eent and not buying the same kind of equipment for each department. Myr. Petrovich concurred that an equipment pool and a labor pool were to be planned for the futuI8. . Clron.Walker asked if there was a depreciation item on the books and Mr. Headrick an- 1!lW8red yes. There was general discussion of the value of the crane and it was settled that it was worth 11400.00 .-rid that the Utility Board was willing to accept that amount. Clron. Jergens - I make a motion that we credit the Electric Department with 11400.00 provi'ding that they deliver to the street Department one Quick-way Crane as and where is. Seconded by Clwrn. Walker. Unanimous vote in favor. Clron. Kulin noted under new business a letter from Dr. Deisher and asked if the letter could be read while Dr. Deisher is present. Myr. Petrovich asked for a suspension of the rules and it was granted. Myr. Petrovich read the letter which had reference to local public health problemsf he then requested Council approval of turning the letter OO1er to the Health CounciL Clwrn. Walter said that she would like to make )::nown that the City does have an Ordinance to the effect that food handlers shall have a physical examination and that it is up to the business establishment to see that they do have it. The letter was turned over to Mrs. Ferguson. r= ! 114 l!ovember 16, 1959 ~.. ::0 Q :J;;oo =- Mrs. Ferguson requested that consideration be given to appointing the members of the Health Council and Myr. Petrovich said that he would do this as soon as he could con- fer with the doctors and make plans. Myr. Petrovich requested a suspension of the rules to place Mr. Fisher's letter re- garding the City Manager's salary and Mr. Buckalew's opinion at the end of the agenda. Cwm. Walker - I would like to move that we suspend tle rules with regard to tabling this particular item regarding City Manager's salary. Seconded by Clron.Hafemeister. Clron. Jergens asked if it was not agreed at the last meeting to secure an opinion from the City Attomey regarding this. Mr. Buckalew had not come prepared to give a written opinion but he said he could give one. Clron. Jergens repeated that he under- stood the minutes required a legal opinion secured by the Council. There was a brief discussion of the fact that the Council did not have a written opinion on the subject and Mr. Headrick had secured one. Clron. Jergens was firm in his stand. Mr. Bucka- lew said he would be happy to submit a written opinion but he would want the Council to surmit the documents on which he was to base it so there would be no confusion on the matter. Clron. Kulin said that he did not, for one, feel competent to go through City document s and codes and picl:: out the material far the attorney to use in his decision and felt that he should do this himself. There was discussion and Acting City Manager Petrovich agreed tra t he would provide the City Attorney with the needed documents and he would gi ve an opinion by one week from Nov. 16th. The vote on Clwmnn. Walker's motion - Unanimously in favor. Myr. Petrovich requested the status on the tire bids. Mr. Headrick asked how much WOD:: has been done on this and who the Council wanted the bids sent to. The Mayor replied that bid requests were to be sent to all the tire dealers in town - that this was the stated policy of the Council. Clron. Jergens said he thought requests for bid should be posted in the Post Office. Mr. Headrick asked if tle biddirq was to be con- fined to Seward. Mr. Win Ervin was given the floor am he said he thought this bid- ding should be confined to Seward since all the major tire makers were represented here. He continued that he presumed the award would be to the lowest bidder for the total and not the lowest per tire. Clron. Jergens concurred. There was discussion of securing ti res by bid at a price comparable to that given the state and it was agreed that this should be possible and also that the bid could be restricted to local deal- ers since all the big firms are represented and the Council is interested in keeping business in Seward. The matter of buying surplus I18terial and equipment was brought up and it was pointed out that the Council had decided to purchase surplus when it was a good buy and it was so stated in the minutes. It was further pointed out that at present the City must bid on surplus but that the League of Alaska Cities is attempting to reactivate the outright purchase system for cities. Myr. Petrovich reminded the Council that there was an urgency in securing the tires now because of the various delays encountered. He instructed Mr. Headrick to issue requests for bids far tires showing the complete data and a canplete list of tires needed, tires to be quoted unmounted and that the City of Seward will secure a tax exemption. Mr. George Galloway of Seward Service who holds the garbage disposal contract was given the floor. Mr. Galloway said that the request was that the contract be terminated and be put up for bid again. The contract was read to the Council;; Mr. Galloway said that it was not favorable for hi m to continue under the conditions imposed upon him or rather-that conditions have changed. Through questioning and discussion it was shown that Mr. Gallaway had estimated gross revenue for 1956 through 1959 at $22000. per year based on the increase granted in 1956; a rate increase from $3.00 to $3.50 was granted effective August, 1959 bringing anticipated revenue to $980 per month. The Council studied the Unancial report sul:mitted by Mr. Galloway. Myr., Petrovich reminded the Council of the Performance Bond. To questions Mr. Gallaway said he was sure he would come within a couple hundred dollars of the anticipated $18000. per year but would expect to have $1500. to $2000. on accounts receivable and that he does not count the money until it is received. The matter of expenses and carry- over accounts receivable was discussed and clarified that the $11000. expenses were for the first ten months of 1959. Myr. Petrovich comnented that the contract did not seem to be much of a paying thing and asked Mr. Galloway if he ;p1anned to for- feit his bond. He replied that it looked like the cheapest way out before the winter is over as he would have to put up the money for the bond company to carry on he supposed. It was asked how the bond holders felt about this and if he had thought of assigning his bond interest. No reply. Clwm. Walker felt that the contract does not seem to be finanCially favorable and the Council may not wish to see anyone hurt by it,lthat it should be shawn more clearly that expenses are reasonable. It was agreed that services must be continuous. Clron. Jergens questioned the $979. income tax item and Mr. Galloway said he had shawn it so it would be clear he did not have this money to spend. To Clron. Jergens question Mr. Galloway replied that gross revenue this year is under last year and he stands to make about one-half as much as last year. Clron. Jergens asked to what Mr. Galloway attributed this as the population has not gone down but actually up a little. He attril:uted this to the closing of the Seward Sani- torium"two bars closing on main street and other loss of cust~ers when people get angry, etc. Clron. Walker pointed out the requirements of the Ordinance and suggested that Mr. Galloway should ask that it be enforced if people within the city are not ~-,---- l:ovember 16, 1959 115 paying for the service. Mr. Galloway indicated that in the past this had been done but that the City did not enforce the Ordinance and even councilmen and a mayor had hauled their own garbage. Clwmn. Walker said that these officials were under oath to uphold the ordinances and if it came before this Council if it would have any bear- ing on it that she was sure this Council would uphold the ordinances, that certainly she would. Clmn. Jergens asked if the Ordinance were enforced if the rate might even be reduced. Mr. Galloway indicated there were about 40 individuals who do not sub- scribe. The Council felt that while this was a matter to be dealt with that it would not greatly improvetlt~e fifapciall\~,ituation. Clmn. Walker questioned how expected rev-- enue from the SanaRa-d BUR c8iP3!e<rin the bid an::!. Mr. Galloway replied that the San was just a fringe benefit and this coincided with Clwn.Walker's thinking however Myr. Petrovich pointed out that the City maintained the dump an::!. said t ret here again was an i.ndi cat ion of the need for cotmluni ty planning. Mr. Buckalew asked if the Council was prepared to relieve Mr. Galloway of his performance bond. General discussion brought out that the Council had no intention of cancelling the bond until continued service was assured, that one bondholder present, Mrs. Muller, appreciated the financial trouble and would like to see the contract cancelled but not to forfeit the bond, that Mr. Buckalew's opinion was the only way the bond could be relieved was for Mr. Galloway to secure someone else to perfonn the service and that the city could not call for new bids without a clear situation and that this Council would have to be very cautious about the bond. Mr. Herman Leirer reviewed past diffi- culties with garbage collections and suggested a billirq service through the city utilities billings. Mr. Headrick said the billing machine could not accommodate another entry. Myr. Petrovich restated that the city attorney suggests that the solution may be for Mr. Galloway to attempt to sell his interest as provided by the contract and Clwmn. Walker asked if this was a reconmendation from the attorney. He said that the city is in the pos! tion of being obligated to terminate the bond if Mr. Galloway asks the city to make o the r arrangements. There were questions on this point and the attorney repeated that a request for contract cancellation amounted to an announce- ment of default. There was a great deal of detailed discussion on how to proceed from here. Mr. Galloway felt that the garbage business was greatly increased through his efforts for a few years an::!. that the city had benefitted from his efforts and now it was back down to a lower figure and he felt he was entitled to relief especially since a new contractor would probably receive a better contract and the last increase had not alleviated the situation sufficiently. The councilmen however felt that while it was an unfortunate situation that this was the first opportunity this Council had had to hear of developments since the increase and that Mr. Galloway could seek to improve his position by holding the city to their part of the agreement as they wish to hold him to his part and that while it is true that both parties benefited from the good years that the contract clearly protects the city from any need to renego- tiate in this case as it was not renegotiated when the city might have stood to gain. It was brought out that the work requires about five hOUr8 per day and Mr. Galloway felt this was due to his efforts to make the business efficient and due to his consid- erable investment in equipment; however, the Council felt this was an important item. Clron. Kulin pointed out that in addition to the points bro~ht out renegotiation would be unfair to those others who bid on the present contract. Clron. Jergens poihted out again the possibility of a contract assignment under the same circumstaooes with Council approval, say to the bon:lsmen, and if they are unable to nake out financially, to default. Mr. Galloway registered a protest to this idea saying the bondsmen do not enter the picture until he defaults. There was disagreellBnt here and Mr. Buckalew commented that he was unable to determine Mr. Galloway's position. Clron. Walker asked if there is to be no relief and the contract is not terminated, what can be expected of Mr. Galloway. He replied that he intended to make financial arrargenents to for- fei t the bond. The Council indicated that if s.uch a thing came to pass, they would eXJ:ect proper notice. Mrs. Muller said that as a bondsman she would negotiate with Mr. Galloway and report to the Council as soon as she has spoken to the other bonds- man with whom she has not conferred on this matter. Clwmn. Walker requested that Mr. Galloway's position and any request by put in a letter for inclusion in the con- tract file and this would take care of tle unilateral situation. Mrs. fuller requested as bondsman the assist"nce of the city an::!. that the $10.00 per- mi t fee be turned aver to tle contractor. Myr. Petrovich pledged the support of tl-e oity but not the fee matter. Mr. Galloway raised the point that he believes one- half of tha thirteen ci ty enployees are haulirg their own garbage with city equipment. The Council will supply Mr. Galloway with a list of city employee names on which Mr. Galloway will indicate which persons are subscribing to the garbage service and re- turn to the Council for correction steps with the employees if this charge prOlTes correct. It was reiterated that it is the intention of this Council to uphold and enforce the ordinances. Clmn. Jergens - I move tha t the City Clerk furnish the garbage contractor with a list of names of all pe rsons on the city payroll and that the contractor be requested to indicate thereon those listed who are paying a garbage collection fee either directly or indirectly. Seconded by Clron. Hafemeister. Unanimous vote in favor. Clwn. Walker asked if the Council should establish procedure regarding the list and I 116' November 1G, 1959 it was decided to leave it in the hards of the Acting City Manager. Clrrn. Jergens suggested the city should clean up its own house and should publish Ue ordinance and advise the people that the Council is going to enforce it and that unpaid bills will be taken to small claims court. Mrs. Muller suggested tha t Mr. Galloway secure a list of utility users and indicate those not garbage subscribers. Myr. Petrovich thought thi 5 might be a good approach. ,.. ~ l.l :.t> :... The matter of the petitions to pave Fourth Avenue and certain other streets was brought up and it was reviewed as to financing - 5010 assessed against the property holder and 5010 to be paid by a one mill levy on all real property. Mr. Headrick thought it would require more than one mill unless churches and city property is assessed. Clwm. Walker spoke in favor of assessing all who benefited and Clmn. Kulin said he thought toot wes the intention tho~h it may have been overlooked. There was di scussion of the one mill levy two years ago for paving but the money has evidently been spent for sorrething other than imprCl'1errents. Clmn. Kulin re- viewed the present plan as presented to the previous Council for a small program which would be started and completed where our larger programs seem to never get started. Discussion brought out that the engineeriIY;J has not been done for changes which may be needed in water and sewer lines but the plan was for city employees to do this work. There was discussion of the previously sought AIW funds for paving and it was decided that Mr. Ibckalew should find out for sure if furds had been appropriated before statehood when the program was abolished, ard advise the Council. There followed general discussion of Seward's ability to finance an improverrent program; Mr. Bucka- lew reported that the bonding attorney felt Seward has about reached its limi ts for general obligation bonds and that so much depends on the financial situation of the city. Clmn. Jergens concurred strongly that he felt the city finances should be placed in order and a realistic assessrrent of Seward's financial resources made for the present and the future trends. Myr. Petrovich agreed with this stand but pointed out that a petition is before the Council and it must be taken to the people by election or rejection and if passed, we must then attempt to sell the bonds. Mr. Buckalew discussed the fact that no pre- liminary surveying or engineering had been done but that he understood Mr. Roth had decided the way to get this befom the public was to go ahead wi thout these things and he had secured an estimate from a very reputable contractor of a possible maxi- mum of $130,000. Mr. Headrick asked if this could be t~k:en to a vote without this work. Mr. Buckalew replied that certain engineering would seem to be necessary in order to specify on the ballot just what the people are vat ing for as well as to apply to the bonding company. The bonding companies are very strict about the speci- fications as set forth on the ballot. He suggested that he could serd a copy of the resolution to the bonding attom ey and fird out if they will go along with the program. Clmn. Jergens asked just what engineeriIY;J had been done ard Mr. Headrick replied that Mr. Rot h, Mr. Liebelt ard he had decided wha t we were going to have and the Chaney Construction Co. representativethe worked up the specifications and I decided what the requirerrents would be. No storm gutters are planned. There was further discussion of Seward's economic outlook and while it was agreed tha t in many aspects it is not encouraging that there are also new possibilities being developed and it was felt that evidence of faith on the part of the cOllllluni ty was important. Mr. Buckalew was instructed to present the resolution ard support paj:ers to the bond- ing attorney for their decision. Then the Council will proceed from there. It was recogni zed that engineering would be necessary if and when the paving reaches the place for asking for bids and preparing a ballot. There was general discussion of other needed projects such as new water and sewer lines in certain parts of town. Myr. PetrO'lich pointed out again the advantage of a planned improvement. Clmn. Kulin said however that it is up to the Council to decide what is most important and there was discussion of the health aspects of the needed sewer and water projects as well as the terrific cost of keeping the old system functioning. It was pointed out that if Seward is very near the limit of its borded indebtedness limit ard passes the paving program and the n finds out that the water and sewer projects have to be done, the City may be in a very bad spot. Proposed Resolution No. 139 naming those persons authorized to sign City warrants was read as follows: "WHEREAS expend! tures from various city furds presently auth- orized by the City Council through warrants drawn on t he First Nati onal Bank of Anchorage, Seward Branch and, WHEREAS there has been a change in the office of City Treasurer, of the City of Seward, an:!. WHEREAS it has becorre recessary toot the First National Bank of Anchorage, Seward Branch, be instructed ard authorized to honor City of Seward warrants cohtaining certain signatures NON THEREFORE BE IT REOOLVED, and it is hereby resolved, that the First Nati onal Bank of Anc horage, Seward Branch, be, and it is hereby instructed to honor the signa tums of Alex Petrovich as Acting City Manager, Blance Gray as City Clerk, and Elizabeth L. Mahan as City Treasurer effective November 16, 1959, for all warrants drawn upon the City of Seward, General Fund, Sales Tax Fund, City of Saward Marire Ways Bord Redemp- tion Fund, Tax Sale Fund City of Seward, Capital Improverrent Fuhd, School Bond Retirement Fund 1949 Issue, and 1954 Sewer Bond Fund Accounts of the City of Seward." // ' r: ,~/ U:L~" "I ,/ ~--b( ~ /2 ;r--;..- ,/~ '- 'P, _-tf_4'<"n,4 ~7 /" c- ~ //4 ,/ ,/~," / / {L-?a.:?/~ //,d" C,c",.,,{ ?':< ,;.. {,#"A/, /7 //./7 J /'J /" ./ /i . r . ~~: :;UC:~/,-f'r;;:"<; , ~y I /2~~A~,"u,_C C~- "'~:J!:J., I ~ ~~.kd-.t..t.~-rt'-,'''''1-, "~"',"',,,,~, ,,'&...,/ 8. ~,~ ~ ~~c a~( ~ir,u;" . '>{? u:.. i /;; -A ft' /-7,,. ~, P ? ,....., (/V4 /4':) C-A:-e.-c.,~':?~) 7 &., /5-~~.v ~~~b.. a.-tfW 0/ 0, .,,;..dr ~'n..p C:~L,v F ~(' /('7"" ~ ,~z:at:.';'~d!.t. ~,.... ~~~: ~2:'v~~~~~,& ~'''P:O:''~~ ~,~"d/~.~""", ~ ,? ; /P.. :_ ~~~e - .. ~.......,(.; ~. A:~,.,4'..dt v ~ ~"'2-~ c?/~~rr 4/ & ;;;:::;'.,r.<, ')!;_./ _.c,c:::.. (',..- _ , /' ..~":[. ,~..~ ;?':Wit" -".:'-:--..-, ~ "'-\...,~y 21::< '~':'?"""~,, ",,,,~~;"6 '~ ~ ~4 zt; / ,,.~ ' v- ,. -;:::d- '''{~.p L--" ' 'C '3 t.'-c../ , 7'-'.. ; /' r'--~~ --<:~::"~ " ;"-f.?' '-??f t:,'#'f.~ -..//1 ~" ' 'lkl,./ ~acr'~~ ~J:e '"D ~,~)~,A ';;;,,' ;I.?"'rC.~(;)",-I&~ '?,<';","',~'..t./,. ."L:- '/ " / -:7_' / ,. r " I 3it: a.~~ /' '. ?~/ .;;/~/ (',' h,n / /1:" ~",' / // ~ .e-"'#'-1.~ '?C~ ,1~<" .;vc/....c/ ~){~aw ~~2!!: ,4~;t-' ~fi't ~tb fC'.e.,~(" tl~..f!.jc. "J ~.z.,.,.;;"t /~ / ,/ ./' . ~~4h ,...c.t'-?/... C_-.c [/ #-r:r:.,;td'?JjI- .,dr" .'i', 1/ "J~, r'.e4,~. ~~/1: AC1 '''''t~ (:.?dc,~/Z ,~;....... 'JV~-d,4:? A-r let' f ~ ~4 "4);,,.4/ f" " .' ,-, & ....oe'" ~'/"~. /' >:;.,',;/ c:'''" ..:'!" ,;:;, 'd r;:. ( .. ~. . A~. ,.:c.'/;,+-'t I '~-c-A!f; 2?~,t~ -J/ ,-;, 1" ,... ~('-- u~~a,a/'1./l. ~....e'- ~',.~ pr~~ '~, / .z:~.tA.. A. ';;;h ~.t/ ~/I" ' .I /'). /1 k'. ' ~~~",f~::;:;: ~~ -- v ~'.- .,~ t ~ ~J ~~":/~ ","" ,'", t! ..2/J"r 7..5$ 6-5'b ...? () z::- 5.51, JJ7/</ ?"'77~ A~I -.J6~ /V..25 /-UJ ..H5 /..? tJ,? /t? ;Y' ..2~/~ /.52Yb / /,2...29 ~ff 'f/'/ ~ /tJ9/ /.2 !'9 tf9t?& /d6P /rf?yY / ?J9..i~ @./~ /9/ ~ () / /~ 7J' /74?~ ~ //~y /7~2/ ..f$ af p..; d7J .3tJ?m -l.3 /..2/ /.I..J ?V /.3/ e1.? 7fJ1:i4 This list was not presented with the bills for Council approval. See Minutes. " r '-ovcm'Jer lJ:', 1':'5'.' '[17 Clmn. Kulin _ I move that we susp;!nd the rules for the adoption of the Resolution No. 139 as an emergency exists. Seconded by Clwn. Walker. Unanimous vote in favor. Clwn. Walker asked WMt had been done about a bond for the City Treasurer and asked if Mr. Buckalew would enlighten the Council. Clmn. Kulin pointed out that the Treas- urer is in name only and does not actually handle',any money; however, Clmn. Jergens polnted out that there could be collusion between the three signers. Mr. Buckalew stated that the state law requires a bond in the amount of 251. of tie collectible real property taxes not to exceed $100,000.00. It was decided the cost should be charg- ed to boo~eeping account #606, City Manager's Promotional Account. Clom. Kulin - I move tha t the necessary monies be expended to secure a bond of $25600.00 for City Treasurer, Mrs. Elizabeth Mahan, said monies for bond premium to be taken from Account #606 known as City Manager Promotion Fund. Seconded by Clmn. Hafemeister. Unanimous vote in favor. Alaska Telephone - General Telephone Corporation matter was tabled and referred to Mr. Buckalew to review the proposed franchise sul:::mitted by General Telephone Corp. to the City Council this same day. Mr. Headrick was instructed to request bids for purchase of the equipment items sub- mitted as no longer needed by the street department. It was decided that in the event there are no bidders, the Council will consider authorizing Mr. Liebelt to sell for a price which he estimates fair after presenting the case to the Council.See attached list. Mr. Buckalew reported no new developments on the Home Rule Charter. Myr. Petrovich read a letter from Commissioner Downey to the Bureau of Public Roads authorizi~ the placement of logs along the Lagoon Road. The Council expressed a wish to publicize this letter and thank Commissioner Downey. Clmn. Hafemeiater was dele- gated to handle this. Myr. Petrov ich asked Mr. Buckalew if he had any further information on the collection procedures to handle delinquent personal property taxes. He recommended a form letter and an established routine leading up to a warrant of distraint. He pointed out that once the Charter is pissed this authority will be definite but under the present form of Government, it would not be legal to use the distraint. It would be possible now, he said, to use the IlIIIall claims court but this method is more cumbersCllJDlt. He recom- mended the use of the Commissioner's court as this would give statewide authority and and this could then become a lien against personal property anywhere in Alaska. Clmn. Walker asked if the City may determine what property is to be picked up in lieu of taxes. Mr. Buckalew said yes but that he felt that the establishment of the system and everyone being treated alike would bring in the taxes wit hout the final legal steps. He recommended getting money if possible, bank accounts, etc. Myr. Petrovich noted that old taxes was an item of revenue in the budget and had to be considered. It was agreed to o~anize and initiate this program. The bills were presented for Council approval. Mr. Headrick stated they had been certified correct. The bills in the amount of $7697.57 per attached schedule were perused by the Council. Clmn. Je~ens - I move the bills be paid in the amount of $7097.57 as certified by the Comptroller. Seconded by Clmn. Hafemeister. All in favor. Mr. Buckalew asked if there had been any change in this pending school board litiga- tion and if the Council is still interested in fighting it.He said that he had heard that the Council was not interested in fighting it. Clmn. Walker asked if Mr. &tckale'w thought it fitting and proper for the Council to contest such a case. She continued that no matter who is involved the Council represents all the people and the order would be to determine what is proper and in the matter of a recall it is just a matter of the wording of the state law in that the new law is not specific as the old law was and the old law definitely states that it included school board members; but my point, she stated, is where does the Council sit on something like that that a group of citizens brought in. Mr. &tckalew said the only question brought up when he was before the other Council was if they were city officials or not and he had recommended they should not call a special election ~nd the Judge upheld him. He said that now they were contesting the action and wondered what the Council would like him to do. , Myr. Petrovich said the Council should sustain Judge McCarrey. Clmn. Kulin said he agreed with Clmn. Walker that these people who are citizens in town feel there is an interpretation in the law evidently and that they want to make a test case of it and if they feel they want to contest this matter that is their privilege. Mr. Buckalew said he had not yet received their brief but he understood the case was being contest- ed and the City would have to file a brief or, as Clmn. Je~ens suggested more or less go by default. Mr. Buckalew said the Supreme Court would probably want to hear an argument on it from the City though the action was filed against the individual mem- bers of the Council. Clwn. Walker asked what it would mean if the Supreme Court re- versed the decision of the lower court beyond an order to call a special election and Mr. BuCkalew replied it would mean nothing more and that he had given a wrong decision. Clmn. Jergens replied that the lower court decision indicates that he had given the right decision. Clwm. Walker asked Mr. Buckalew if he thought the fact the new law I 118 November 23, ill959 ~ :0 ~ J> - did not specifically state who are municipal officials had anything to do with Judge McCarrey's decision. She said that after all the old law was specific and the Con- stitution contains recall provisions. Mr. Buckalew said he thought it was left out. Mr. Headrick said that McCarrey's ruling was that they were not municipal officials and that the Council could not order an election. Clwn. Walker said that this was not for them to argue about but that she was interested to see what the Supreme Court decides. Myr. Petrovich agreed that the Council should stay in a mutual position. Clwn. Walker said there were always two sides to every problem and the Council is in no position to take sides. Clmn. Jergens stated that it should beresolved where Council responsibility lies or the Council may possibly be sued by the other side of the issue for wrongly calling an election. Mr. Buckalew said the Council could advise the school board and let them interplea and then they will carry the expense. Clmn. Kulin said that when it comes to points of law he thought all the Council wanted to do the right thing and failed to see why they should do anything. Mr. Buckalew said when it got to the Supreme Court he was thinking they could let the school board appear as he imagined they would come in anyway. In reply to Myr. Petrovich's ques- tion he replied that even though they were not named, they could come in as friends of the court. Clmn. Kulin said to Myr. PetraY'ich that he wished to congratulate him for bringing some money back to the Council from his expense money to the League of A laskan Cities Convent ion. Clmn. Kulin discussed the letter fran the fire mamall and the recent publication which more or less places the responsibility in the Council's hands and that he would like for the Council to have copies of letters and reports of actions so that they will know just what is being done with regard to modifying the school buildings, etc. Myr. Petrovich reported the authorization of Mr. Liebelt to use his own car on a' trip' to Anchorage to pick up parts for two school busses which were out of running order and that he not to consider this as an established procedure and he is to prepare a statement for the use of his car at 10~ per mile. This same thought was applied to a discussion with a police officer in the event the police car would be down as it so often is. Clmn. Kulin cOlmlerted that he thought it had been decided before that the Council would require a separate list on a tape with the name of the seller for each item when the bills were presented for approval. It was agreed that this was to have been considered a directive to the City Clerk and will be required in future. 'Clmn. Kulin - I maY'e to adj oum. Seconded by Clmn. Jerge~s. AU'~ favor 2:20 ATI'EST: 'L1er'L1U '-~( f', -ztcZ'7&- APproved:;t6'~. - ;/;-;;"2).(01 Beatrice E. Watts, City Clerkl Alex Petrovich, Mayor !hh7 a.m. Special Meeting, November 23, 1959 A special meeting of the City Council was called to order by Mayor Alex Petrovich at 8:10 p.m., November 23, 1959. Present, CImn. Hafemeister, Hodson, Jergens, Kulin, Walker. Clmn. Zentmire was absent. Myr. Petrovich commented that t he arrangement of the Aget;lda seemed Hnfavola~le -1>-).2,) the Council's guests and the number of persons in attendance. Clmn. titfi ~ !rmove that we request the Utility Board to report first and the School Board second on the agenda. Secon:ied by Clmn. Kulin. Unanimous in favor. Mr. Trevethan reported for the Utility Board that they had decided that while the Electric System was still under very strict controls from the bonding company until the reserve requirements were accomplished that the arrangement to supply power to Bayview Lumber Company seemed a profitable one and they would recommend requesting permission for the capital expenditure to build the line. He said the arrange- ments with Bayview were not completed so far as the bond which would guarantee that Bayview would continue as a customer for a certain period of time was concerned and that when this was completed the Utility Board would come before the Council again. Mr. Trevethan presented a letter from Chugach Electric Association setting forth their willingness to supply power to Seward from Cooper Lake in an amount at least equal to the generating capacity of the present diesels upon approval of REA; and a letter from Mr. Harstad, Engineer regarding the feasability of Seward's diesels to provide Bayview's needs without hurting the present consumers until the hydro-power is available. These two letters were read to the Council. These letters are to support the request to the bonding company. Mr. Trevethan continued that following the fire at Bayview Lumber, the Utility Dept. was approached to supply power. Bayview was willing to go all-electric and willing to guarantee a constant use of 750 H.P. which would result in a power bill of be- tween $2000. and $3000. each month. We contacted our engineer to learn if the sys- r !:ovember 23, 1959 1'~.. "',~.. l' tem could supply this and you have heard Mr. Harstad's reply. Had we not been planning on power from the Cooper Lake project within the next year, we would probably have been obliged to refuse this good business; but since we are planning and arranging wi th Chugach we secured from them the statement you have heard read. Our chief prob- lem now is that inasmuch as we are behind on our 1.5 coverage which is the reserve cushion we have to set aside (we have drawn on this oin the past and we do not have it up to par yet), we have to ask Mr. Sheppard if we nay spend this money. Clron. Kulin said he understood they were concerned about having the necessary funds for the tie-in and asked if they are still considering buying the lines from Seward to the tie-in. Mr. Gilfillen replied for the Utility Board that they would not be permitted to lease or purchase the lines as the bondsmen for the Seward Electric System will not permit the sale of anything physical. Chugach's proposal now seems to be not to lease the full plant but to leave it as a standby. REA does not support any of its power going to a privately owned utility unless they are assured there is a gain there for them. We can offer them our plant and that gives them the standby for the area. In any case they would write it off on a use basis and we own the plant for standby so that if we do generate power they pay us in turn for the useage. Also the plant will be guaranteed a certain amount of money. Clm. Kulin asked if Seward would still be in business so far as naintenance, etc. is concerned. Mr. Gilfillen replied that it appeared to him that Chugach did not wish to be in the distribution business anywhere at all this side of their plant at Quartz Creek. They seem to be not interested in the area between our line and the Homer Co-op. The line to Mile 25 would be strictly for transmission of power and any distrib1tion for customers would be ours. Clmn. Kulin asked about costs at our local plant, if they would be about the sarre or if this had been considered yet. Mr. Gilfillen replied it had been discussed at great length and the first coot eliminated would be labor. There would be only the standby cost of one individual. Myr. Petrovich commented that the subject was rather thoroughly covered except that transmission would be an REA expense. There followeg ~~rral dis- cussion of the construction needed between Mile 25 and Moose Pass ana9rM'tewl\.oe~g~ l3i',':' provides this construction and distribution should consider. Myr. Petrovich asked for Mr. Fabricious' report commenting that in the past the City has failed to meet its budgeted obligation to the school. Mr. Fabricious said this was true and that it would be difficult to say just how much wi thout a study of the audit report. He outlined the schools financial arrangenents. A budget is prepared and submitted to the Council for approval and then is sent to the State for approval. The State then reimburses the School Board for 80~ of costs for district pupils and 100~ of costs for out-of-district pupils except for certain items such as capital ex- pendi tures providing the full amount budgeted is spent. The state makes conditional payments of up to the first nine of ten payments throughout the school year but the tenth payment is not made until the school system shows that it is entitled to it by showing that it has used its local monies bud;1eted. This means that when the city falls behind in its contributions it becomes very difficult for the school to meet its end of the year expenses and salaries. The state will deliver up to 95~ of its committment regardless of how much is spent but the final payment is not made until the final audi t re~rt is filed and payment depends on wbether the full budgeted amount of these reimburseable items has been spent. Last year at the close of school the Ci ty was behind with thei r payments and the school faced a very difficult time but fortunately the State settled a previous tuition arrangenent and gave $12000.00 at that time. '!hi s year there can be no such unexpected help. Last sumner 1959-60 rev- enues from the City were needed to pay old bills. Mr. Fabricious pointed out that about 801. of the school budget is for such obligated expenses as salaries. Myr. Petrovich noted that the sales tax revenues seemed to not be adequate to cover the City's portion of school costs and Mr. Fabricious said this was true and that he recommended a millage rate to be set aside for schools rather than the sales tax. He said he felt the people should be the ones to decide what kind of schools they want and if they are willing to pay for a curriculum above the basic they can express this willingness by voting for a millage on property. He pointed out that the schools should have received $37500. this year and have received $21000. and he asked what the Council planned to do about this. He pointed out that the State had cut the budget on the 80~ reimburseable items by $6656. so that Seward had either to save this amount on capital expenditures or try to save $5.00 to each $1.00 cut on the reimburseable items unless the city can see its way to provide this amount. There was general discussion of pa8t and anticipated budget problems and Mr. Fabricious said that the problem now was would the City be able to make a payment soon and is the City going to make up the 16656. cut from the state. Myr. Petrovich commented that Dr. Norby had reaffirmed Mr. Fabricious figures and said he was well qualified to speak on this vital subject. Clron. Jergens said that he thought this was a lready a commitment of the Council from last spring and the City has a School Board which has devoted a great deal of time to the problem but that he still couldn't see the picture on how much money the Council has available for various expensi tures. Clmn Kulin discussed the recent past experience of sales and property taxes falling below estimated budget levels and the ensuing troubles. He commented that while no one want8 to talk about more taxes, that the Council is faced with operating without expected revenue. I 120 November 23, 1959 ~ ::0 ~ :;x;;.. - Mr. Headrick suggested setting aside a certain millage for the schools as of January 1, 1960 but Clron. Kulin thought this would leave other departnents with a deficit. Mr. McRae also spoke in favor of abandoning the sales tax and levelling a millage for school support. Myr. Petrovich agreed that the school was in an unfavorable position. Clron. Jergens said that the Council must raise the money but it is just that he would like to knew where it is corning from an::!. would like to know from Iront h to month where the various projects stand. Myrl Petrovich requested the City auditor, Mr. Franklin, or Mr. Headrick, Comptroller, to assist the council with this information. Mr. Frank- lin gave the Council the total sales tax figures for 1951 to June 30, 1959 inclusive an::!. pointed out that the City has never had an income to meet its commitment on the school budget. It was established that the grade school addition being paid by the City is paid off. . Clwm. Walker ra:narked that she noticed the tobacco tax funds may not be as estimated - they may be lower. Mr. Fabricious said this was so. Tol::e.cco refund is based on t he number of prcf ess ional workers and the number of ch ildren in school and in both categories, Seward has been declining. He conti nued tre t in 58-59 they anticipated $35000. in tobacco tax and received only $25000. This meant other funds had to help on bond payments and there was nothing left for needed repairs and alterations and in addi tion this year the school is faced with the recommendations of the fire marshall for extensive changes. The Council discussed a possible payment to the schools of part of their back com- mitment in the absence of a financial report from the Comptroller and arrived at a figure of $5000. to be paid from the general fund as a payment on the $15000. budget- ed for school from that fund. It was established from Mr. J"abricious that all funds received 150 far this year have been from the sales tax fund. There was a great deal of detailed discussion of the City's possible revenue and probably Obligatioqs due to the fact that the Council has never received a stateIll!nt of i tIS financial posi- tion though it is in its sixth month of the fiscal year. The Council was of the opinion that they had given the school a commitll)ent Qf $15000. from the general fun::!. a rd h5d so far paid none of it and tha t they should pay one- thi rd of it even if it neant that some other bills would not be paid on time and they would hope that revenue would pick up by January first. Clron. Hodson - I move that we pay the School Board $5000. out of the general fund towards their $15000. authorized in the budget. Seconded by CIron. Hafeneister. All voted unaniIrously in favor. There was a great deal of detailed discussion regarding sales tax collections and possible remedies for lagging collections interrningledwith the discussion of what could be paid the school. Clmn. Hafemeisfer was in favor of possibly spot checking a few business with regard to sales tax collections and in general surveying to know if they are current and if not to enforce the ordinance. Myr. Petrovich also felt that enforcenent of the ordina,nce would greatly help the situation. Mr. Headrick said he believed the sales tax enforcement was good and the only possibly of loss to the City was that sone firm would be not reporting their true gross revenue. The status erty is in property. delinquent of the tax foreclosure sale was given by Mr. Headrick. Ti Ue to the prop- the hands of the City but the owners have until August, 1960 to redeem the Clmn. Hodson asked if this was the first time in the last five years the list had gone to the courts an::!. Mr. Headrick: replied yes. The discussion returned again to the sales tax and Mr. McRae and Mr. Leirer spoke against .it sayin;r that people did not really believe it went for schools with a small contribution to the health departnent. Clwn. Walker suggested perhaps an e,ducational program was needed. Clron. Kulin remarked that if the sales tax were lost it should be remembered tffit it would be up to He small property owners to fill the gap and that this one of the few contributions the people outside the city limits make to the City. Through discussion it was established that the City had no idea of whetrer. any sales tax accounts were delinquent or not or hew many. Clwn. Walker again suggested an immediate educational program with regards to the sales tax and its use. Clron. Jergens suggested a council neeting wilen the tax records would be available and the Council could check the situation thoroughly. There was a sUgg'estion and discussion of the acting City Manager running a. few checks but thi s idea was dropped in favor of group action and possibly havin;r an accountant follow up on t~e certain accounts. Mr. Darling suggested that if the Council pursues such a course they should let it be k:newn that the follow-up is seriously considered as many people do not take these programs seriouslyl There followed a discussion of the serious need to have the city books brought up to date. Mr. Headrick said he had not had time to do them with his other duties. It was di scussed that if the off ice force was inadequate it had been so for some time .and the council would have appreciated being advised of the situation in the beginning. ~tr. Headrick said he had been doing all these various jobs and there is no inadequacy of the offic e force. ~yr. Petrovich restated the Council's desire as previously stated to have Mr. Headrick devote his time to the books and bring them up to date. Clmn. Hodson - I move that we table Item 2d of the of the sales tax ordinance until January 18, 1960. mous vote in favor. Agenda regarding the enforcement Seconded by Clron. Jergens. linani- r ~T()~rr:'T',':;er 2;, ~~C;;? ~~1f _ ...It -.. Myr. Petrovich requested Clmn. Kulin to read the letter from the Administration of the Courts which was a brief description of thr~l possible plans under discussion for administeri~ local courts and with .'i request that Seward indioate which plan they favored and give oertain information regarding court statistios. The three plans were read to the Counoil who then oomputed the present cost approximately of the oourt and this along wi th projected income from the court system under the various plans. Clronl Kulin said he thought Plan No. TWo is a sort of middle of the road plan but said he had not really had a n opportunity to study it. Clmn. Hodson wondered how Plan TWo could be financed and Clmn. Kulin said it was really wide open it appeared and would at least give the City an opportunity to have some control. Myr. Petrovich said he had great confidence in the administrator, Mr. Davie! L. Luess, and with his approval, Myr. Petrovich said he thought he favored Plan Thre'l. He said the City would be paying about $1200. in salary and would have to furnish spaoe and perfom records keepi~g although it is not known what it would cost. He oontinued that the Council is placed in the position of making a decision on a com- plioated matter of a ohoice of programs offered by the court system itself. Clron. Jergens conourred. He pointed out that it was not a definite contract. Clmn. Walke~ said she liked plan three. Myr. Petrovich said a letter must be drafted tonight as the reply must be forwarded. The form was completed by mutual agreen:en t and Mr. Head- rick was instructed to draft a letter. Myr. Petrovich presented a plan to form a borough committee to study this matter for the benefit of the comnunity and bring suggestions to the Council. A number of name" were listed and Mr. Headrick was instructed to have letters sent out asking if these people would like to serve on such a conmittee. The conmittee will be appointed from those who are interested. Myr. Petrovioh reported also on the activities of a group of business people from the West s ide of the Peninsula who were engaged in such a study for business purposes as well as the local Chamber and it was his hope to have the City Committee coordinate with both of these groups. Mr. Headriok gave the following changes made in the City Charter following the sped.sl study meeting:Page 8, Section 2 and 3 from 4 to 5 officers required to permit an eleoted officer to hold a nominated position less than one year following office. Page 6, Seotion 1.13, Line 3, in adopting it was that -the- provisions instead of -its-. Page 26 where it pertains to the City Clerk section G, the words city mana- ger shall be deleted where it reads - he shall perform such other duties in connec- tion with his office as may be required by law, by the Counoil and City Manager.- Mr. Headrick said that the Charter Commission still feels that they prefer the Charter as it was and they have so inforned that unless- the Council wants to hold a joint meeting and show good reason why they want these changes that they will not sign the charter. Clmn. Jergens said he favored a joint meetin.1 with the Charter Commissiona Mr. Headriok expressed the Commissions thoughts on the matter that at times the City Clerk may not be busy and should be under the authority of the City Manager to see that whatever is needed is done. Myr. Petrovioh pointed out tha t t he Charter pro- hibits,the Council from discha~ing administrative officers. Appointive officers are the City Attorney and the City- Clerk. Clmn. Je~ens felt as such they were out- side the category of the administrative offioers. Mr. Headrick discussed the situa- tion of possib ly havi~ a non-cooperative City Clerk and Clron. Jergens discussed the possibility of an extremely authoritarian Manager making the holding of the office impossible. Clmn. Walker felt either situation prObably quite remote. Mr. Headriok returned to the discussion of periods of idlers ss for the Clerk and Clmn. Walker pointed out that if there were such periods of idleness the functions of the office were probably not being performed. The discussion turned to the holding of a public hearin.1 on the Charter. Mr. P.eadrick said Mr. BuclGl ew informed him there was no need to have a public hearing but it was agreed that the Council wished to invite an informed public to the polls. Myr. Petrovich suggested that in the absence of an Ordinance enabli~ them that it be sug;rested tha t the Charter Commi ~sion be given an opportunity to hold a public hearing and the Council would be given an opportunity to meet with the Commission before this. It was established that the Cha rter Commis sion was in favor of hold i~ such a hearing and that the Council was aware that the meeti~ was the responsibility of the Conmis sion and that all thoughts were to ooordinate all efforts to educate the public. The Council discussed its re- sponsibilities with regard to the Charter. It was decided to hold a study session and then a j oint meeting with the Charter COlllllliss ion. Mr. I1@lldri.ek presented the forms needed far the property tax declarations and assess- ment. for January 1. Clmn. Kulin asked if the same forms were plamed for this year as last and there was general discussion of the undesirability of the form. All agreed the form was not conducive to good public relations and an encumbrance on the taxpayer. Myr. Petrovich asked if someone would authorize the drafting of a simplified form or if there was time to make changes. Clwn. Walker thought that in view of the time limit and the late date to go ahead with the old fom and analyze the results to see if the form is a benefit or hindrance and possibly change it next year. All agreed. Mr. Headriok was inlStructed to secure local bids for the printing and the form was to indioate it would be 51 gned by the assessor but the assessor would use a rubber stamp and the name would not be print ed on the form. A letter to Seaborn J. Buckalew from G. O. Headrick dated Noverrber 4, 1959 was read to the Council, a letter dated November 3, 1959 from Mr. James E. Fisher, Attorney, November 23, 1959 November 27, 1959 to the Mayor and Ci ty Council was read; a letter was opened , it was dated November 22, 1959 from S. J. Buckalew, Jr. to the Mayor and City Council, and read to the council also. The letters gave legal opinions on the Acting City Manager's salary from July 1, 1959 to his resignation. Clmn. Jergens mentioned that the whole opin- ion seems to be based on the opinion that the budget item was authorization for the Acting City Manager raising his own salary. He continued that the letters of opin- ion say the bldget was established by resolution but this is not true. He conunented that there are several errors in the opinion. Myr. Petrovich pointed out that Mr. Buckalew mentioned that it was up to the Council to form an ethical opinion and this is his legal opinion. Clron. Jergens noted that Mr. Buckalew says the Council has no authority to recover this amount of money but now we have a legal opinion and the Council is not obligated to recover this money. Clwn. Walker concurred that Mr. Buckalew's opinion points out that this Council has no duties to recover any monies. To that extent it is alright, she said, but otherwise there is not agreement. Clron. Jergens commented that evidently there was not a meeting of minds between Mr. Headrid: and the previous Council and it was agreed Ue matter was closed. ~ :0 """" -'"' J> =- Clron. Kulin - I move that we adjourn. Seconded by Clron. Hafenei ster. All in favor. l: 00 a.m. ATrEST: Approved: '~ ft'Z-",- //z-;~-~// Alex Petrovich, Mayor 'fl., c< it..<' c:~ 7z.(.-/'cr. ~ J ~~t~i~e _ E: ~a:t~, _ C=t~ :1~n:.!~c:'(:1 _ Special Meeting of November 27. 1959 A special meeting of the Council was called to order at 8:05 P.M. Mayor Petrovich in the Chair. Present were Clmn. Hafemeister. Jergens. Kulin. Walker and Zentmire. Clmn. Hodson arrived late at 9:~5 P.M. Also present were Comptroller Headrick and Police Chief Hodgkinson. Clmn. Zentmire excused at 9:55 P.M. The purposes for the meeting were: 1. Open Tire Bids. 2. Review Dog Ordinance. 3. Home Rule Charter Review. 4. Budget item review. Short discussion was held relative opening of the tire bids. with particular reference to the fact that one bid had not been received until after 5:00 P.M.. the final hour set forth. in the invitation to bid. In view of the fact that there had been no provision for the waiving of formalities. it was the consensus of the Council that this bid must be rejected. Mayor Petrovich stated that it was his feeling that all bids should be stamped at time of receiving and the initials of receiving agent noted thereon. He requested that Clmn. Jergens open the other three bids received. and upon opening. Clmn. Jergens read each bid as follows: THE MART VARIETY...............$1242.56. excise tax not included and bid for tires only. B. F. GOODRICH (WIN ERVIN).....$1280.96 (tires). and $156.38 for batteries. SEWARD HARDWARE................$1267.51 tires only. Clmn. Zentmire asked how any company could bid on the batteries wben the call for bids did not specify whether 6' volt or 12 volt were needed. Mayor Petrovich stated it was a very poor description in the call for bids, howe~r. it was pretty hard to do this without technical knowledge. Upon questioning. Clmn. Zentmire and Mr. Gus Johnson both stated that their bids included freight as laid down in Seward. It was brought out that the specifications were lacking in information as to quality of tires desired. specs merely stating nylon. and because of this the City would be getting the cheapest type of tire within the information. Clmn. Kulin stated. "I will move that the bid of $1242.56 submitted by The Mart Variety this date be accepted. subject to evaluating by Mr. Liebelt of the Street Department." Seconded by Clmn. Hafemeister. Cllm. Jergens stated that if there is anything that disturbs this particular award. it should be brought back to the Council. Vote: Clmn. Hafemeister, yes; ~ergens. yes; Kulin. yes; Walker. yes; Zentmire. no vote. Motion carried. Mayor Petrovich stated that the Mart Variety should be noti- fied and the best way to do this is to take an excerpt from the minutes. In regards to the batteries. Mayor Petrovich inquired as to the pleasure of the Council. It was felt that a new call for bids should be made with the specs indicating voltage, ampere hour rating and other pertinent data. It was felt that Mr. Lievelt should develop just what is wanted so the call for bid may contain all the information. r 1'"r., _ __f..' ,-} Special Meeting of November 27, 1959 Continued C1mn. Jergens stated that just by referring to a catalog one could get the pertinent data needed. Mayor Petrovich appointed C1mn. Jergens to contact Mr. Liebelt of the Street Dept. and draw up the specs. Mr. Gus Johnson then asked what disposition the City would like to make of the tires the City has from him. He stated that he has a purchase order and it was pointed out that Mr. Lynch, the Goodyear man had stated he would take these tires back. Mr. John- son stated, "I have the purchase order, not he." Discussion ensued, with C1mn. Jergens and Hafemeister concurring that if there was an agreement made by the previous Council and there was a meeting of the minds, then I guess we could be held to it. Mayor Petrovich stated that the motion as made tonite could be rescinded and we could go on with the agreement as before and chalk this up to experience. C1mn. Ku1in stated that when the representative from Goodyear Co. was here he had stated in an oral com- mitment that he ou1d take these tires back and that he had presumed that the Goodyear representative was speaking for the Seward Hardware. Mr. Johnson stated that Mr. Headrick had called him and asked him to have the Good- year man come down,-I had nothing to do with this at all, I knew nothing about the price quoted or anything else, continued Mr. Johnson, and then when the tires were delivered, Mr. Hodson stated he could buy them so much cheaper. They were not put on a bid at that time. Mr. Johnson went on saying, "I can if you wish call Mr. Lynch and ask him if he wants me to accept at this bid price if you wish to accept it this way." C1ron. Zentmire asked if Mr. Johnson understood that orders for merchandise in this amount or of a certain amount should go out on bid and Mr. Johnson stated that there was an agreement relative tires and batteries and a motion on this. C1mn. Jergens stated that there seems to have been a great deal of mis-information on this whole thing. Mayor Petrovich stated that this Council does not desire to do business by negotiation but rather by bids. Mr. Johnson reiterated that he would call the Good- year man and ask him. C1mn. Jergens pointed out that the Goodyear representative had stated that they would take these tires back and if we just took and shipped them up to them that they are big enough company, they would accept them. He felt that Mr. Johnson was blameless in the matter; however this places us in an embarrassing position as far as these other companies are concerned. You are not in an embarras- sing position, stated Mr. Johnson,-you have a low bid. Mayor Petrovich stated that the Council was trying to do what is best for the City. C1mn. Hafemeister stated that he felt Mr. Johnson should go ahead and contact his agent and adjust his price accord- ingly. C1mn. Walker then stated that if it was decided that the Goodyear representa- tive was to be contacted, that in view of the fact that he had been at the Council and made these statements to the City representatives, she felt that it should be the City who should contact him rather than Mr. Johnson. Mayor Petrovich requested C1mn. Ku1in to call the Goodyear representative in Anchorage and ask if he would be willing to meet this low bid as opened here tonite. C1mn. Jergens felt this would be getting a little irregular and stated that this man had made these statements and we had accepted them in good faith. C1ron. Hafemeister stated that he believed that morally and ethically he believed Mr. Johnson had a claim on us. Mayor Petrovich stated that this is a little late for this--at the time it was felt that business should not be conducted on the basis that it had been. C1mn. Hafemeister stated that even now the bids are rather cloudy and he did not see why we should not start anew on the future needs. C1mn. Walker asked why the purchase order had gone to the Seward Hardware when all the negotiating had been done with the Goodyear Tire and Rubber Company, whereupon Mr. Headrick stated that this had been out of courtesy to the local dealer. By contacting Mr. Lynch of the Goodyear Tire and Rubber Company, he offered to meet any price in order to leave them here and if he is still agreeable, we will keep the tires and the batteries and notify these other bidders what their action was, stated Mayor Petrovich. C1mn. Ku1in and C1mn. Jergens both took issue with this and their feelings were that the Council had been going on Mr. Lynch's statements that evening. "I make a motion we table the bids until Mr. Lynch is contacted," stated C1mn. Zentmire. Seconded by C1mn. Hafemeister. Further Discussion and C1mn. Walker reitereated that it was still her feeling that the purchase order was erroneously issued when the negotiating was done with the Goodyear Tire and Rubber Company, then the purchase order should have gone to them, not to the Seward Hardware. C1mn. Jergens stated that he didn't feel we could deal on the one hand with the Goodyear Company and then with the Seward Hardware when on the one hand they are joint and again they become separate as the issues develop. Mayor Petrovich asked how it happened that Mr. Headrick did not put out the bid forms with the exact- ing specifications as it was stated would be done, and went on to say, when you nego- tiated the purchase of the tires, you must have had some idea of what was wanted. Mr. Headrick indicated he had nothing to go on. Police Chief Hodgkinson spoke and stated that when Mr. Nowell of the Firestone Co. cane to him he did state to me that the price could not be beat, but when he was down 30 days later, he stated he could do r- ~24 1(, Special Meeting November 27, 1959 Continued l- :=: - , . better because his Company could now give the same price to cities as they could to states. ~ =- In the presence of a presently raised objection which apparently was not in 'site with this discussion with Mr. Lynch, stated Clmn. Jergens, that puts us back where we were when all this started. This City had made an agreement to purchase tires, -the previ'- ous Council had made an agreement. -1 don't think we could get out 'from under it, -we could give it good publicity which 1 think it has, but I still feel that we have an obligation to conclude a contract which apparently was approved by the previous Council. Clmn. Kulin stated, "No, this was not the case, it did not go thru the Council. ll..- had been stated to me when I first came on the Council that this was the way they did business." Clmn. Jergens stated, let me re-phrase it,-then it was with the apparent sanction of the previous Council, and here again Clmn. Kulin stated, "No." Clmn. Jergens then stated he would go for the tabling of this just to bring this to a head. Mayor Petrovich asked Clmn. Kulin if he would now go along with this and make a call to Mr. Lynch. Clmn. Walker asked if this should be done by phone or letter and stated that if it is done by telephone, there should be a letter of confirmation and Clmn. Kulin stated he would do this by telephone and ask that a letter of confirmation be sent. Clmn. Zentmire stated that Mr. Lynch had stated he would take the tires back if he could not meet the bid. Clmn. Kulin then asked Mr. Johnson if he had any further ideas and Mr. Johnson stated he actually felt The Mart Variety should have the order, they have the low bid. If you want I will contact Mr. Lynch and tell him we, or I was not the successful bidder and will he still stand on what he said at the meeting but I think there will have to be something done about the tires that the City used and also pay the freight as I am not going to pay the freight. Clmn. Jergens stated that that we intended to pay for the freight and he felt we should pay as per the original agreement. It was then decided that Clmn. Kulin would not be doing the phoning, but rather Gus Johnson, and he would have Mr. Lynch mail a confirmation of the phone call. Regarding the motion made by Clmn. Zentmire relative tabling of the bids, with second by Clmn. Hafemeister, Clmn. Zentmire withdrew hismotion and Clmn. Hafe- meister withdrew his second. Moving on to the review of the dog ordinance, Chief Hodgkinson gave the status of the dog situation as of 4:00 P.M. this date,-there have been 76 dogs destroyed, we picked up a few licenses and took them downstairs 50 that on off hours they could be purchased from us. We turned in $68.25 thru impounding fees and license sales as close as we can come from the records, & thru licenses sold and impounding fees as collected at City Hall $440.00; Magistrate fines $147.50 as of today's Court. So far the City has taken in total of $655.75, and wages paid as of this pay day $593.75, leaving the City with net profit of $62.00 on the dog operation. Clmn. Jergens asked how is the situation around the school,-it was there that we had so many complaints. Hodgkinson stated that in talking with several of the teachers they are all very much gratified,-they say that the problem has been greatly reduced. "I feel that that takes care of the Problem, stated Clmn. Jergens, that was the complaint at the time." Mayor Petrovich asked how much longer it would be necessary to keep the 40g catcher employ- ed and Chief Hodgkinson stated he believed not more than one week. There was question raised regarding the keeping of dogs ten days and it was brought out that the ordinance states three days, and it was asked if the City ordinance supercedes the State law. The Chief stated that he did not have a copy of the new laws. Discussion then ensued relative the age of the dogs when license is required and that the ordinance did not provide for this. Chief Hodgkinson stated that in the past it was felt that if the dogs were under six months, a license would not be required. We have had this brought up several times and I think it might be perhaps well to amend this ordinance to allow for a three month old 40g or younger, no license. Mayor Petrovich stated the Council would take this under advisement and perhaps when the new City Manager gets here it will be one of his first things. Mr. Porterfield stated he had a two month old dog kept in the house and Mr. Disney came with a summons for this. Some time ago I came to City Hall and tried to buy a license for another dog and was told to come back when the dog was six months old and a license would be sold. He was also of the belief that when he ~id come back and obtain a license in May, that it was only #10 with about 11 months of the fiscal year gone by. Clmn. Walker advised that that would have been when Mr. Carter Seymour was Police Chief and it would have been his direction to sell licenses for dogs six months or older, and with regard to the #10, she was confident that a check of the records would reveal that there had always been sold in any fiscal year a good many more than ten licenses. It was felt that it was more likely that this was #10 in the next fiscal year. Mr. Porterfield indicated that this might have been the case, and went on to say that he merely felt the City should emend the present City ordinance and put a reasonable age on' the dogs that must be licensed. Clmn. Kulin pointed out that htis ordinance is 23 yrs. old. Clmn. Hodson arrived Q:45 P.M. Clmn. Kulin stated, "I move that for the record we, at a future date, take up Ordinance #127 in order to make certain reviSions or tne same, thuse reVlSions to 11)<,1",1.. ~h,,~ 1i~pn"p" not: be required for any dogs under the a!?;e of six months, thi" ;lie to be proven by the owner." Second by Clmn. Walker. Vote: Clmn. Hafe- r Special Meeting November 27, 1959 Continued 11 2'5 ~-~ . ,/ (, meister, yes; Hodson, yes; Jergens, yes; Kulin, yes; Walker, yes; Zentmire, yes. Motion carried. Clmn. Zentmire asked to be excused-granted at 9:55 P.M. Comptroller Headrick also excused. Home Rule Charter came up for discussion and Mayor Petrovich suggest that each Council member take the pages one thru 22 and bring out any points for discussion. After considerable discussion, it was felt that the Charter was so lengthy and the other parts of the agenda had taken up so much time, that it would be well totable this until a later date. "I move we table the Home Rule Charter until such time as we can get together with the Charter Commission," stated Clmn. Hodson. Seconded by Clmn. Hafemeister. Vote: Clmn. Hafemeister, yes; Hodson yes; Jergens, yes; Kulin, yes; Walker, yes. Motion carried. In regard to the budget item review, Mayor Petrovich stated that consideration must be given to ways of reducing expenditures in the budget, and it was brought out that a saving would be effected by abolishing the position of Comptroller. There was a discussion regarding the absence of Mr. Headrick and it was felt that he should be located and asked to return to the meeting. In determining how this action should be done, it was felt that the City Manager ordinance gave the City Manager this authority. It was further felt that since the City Manager had been authorized to hire a comptroller, that it would be within his scope to abolish the position. The five Council members present concurred in this and felt that if a motion was necessary that they would certainly back up the action with such a motion. Mr. Headrick then arrived and was adviced by Mayor Petrovich that in discussing this problem of the budget, and trying to arrive at a solution, it is the consensus of the Council that we abolish the job of Comptroller, effective the end of November. Who do you propose to take care of your records, asked Mr. Headrick, and it was stated that the City Clerk would do this. My suggestion, stated Mr. Headrick, is that if you want to abolish it, that you wait until the end of December because there are reports that have to be gotten out to Sheppard that would complete your cycle for tae interim reports that have to come out, and if you can put Mrs. Watts in there at that time, she could take care of the books. That would be my suggestion. This budget item has been on the agenda several times, and we would have taken this step before if we had had anyone in that office who could carryon in the capacity of City Clerk stated Mayor Petrovich. Clmn. Hodson stated that he thought the interim reports were under contract to Digerness but it was pointed out that this was for June 30, 1959 reports. The interim audits are just for water and electric stated Mr. Headrick, and went on to say, my suggestion would be within 30 days. I would tell you very frankly that at the time that salary cut came up, I would have resigned at that time but for the fact that the books were not up to date. You have to realize that there is a lot of things that come thru that office up there. It is a generally accepted fact that the work of the City isn't being done thoroughly in any department. It,was asked if the previous Council was made aware of the fact that the work was not being done and Mr. Headrick stated that he had told them he would not be able to keep the work right up to date under the set-up. Mayor Petrovich stated that that we are unable to accomplish our mission here unless we see a means of being able to pay for it, and we cannot see the employment of all those persons up there not satisfactorily filling their jobs, so it was the feeling of this Council that this .job be abolished November 30th. I think I should have some severance pay stated Mr. Headrick, it's pretty short notice, and I haven't had a days vacation pay since I came here, and I came here in April 1958. Mr. Headrick figured that he had 26~ days annual leave and it was stated by Clmn. Kulin and Headrick that this,is all out- lined in the minutes and Clmn. Hodson and Clmn Kulin stated that whatever the minutes bear out would be the basis for the annual leave. Clmn. Hodson checked back over his agendas, and stated that the May 4, 1959 minutes should reveal this basis. Mr. Head- rick then took leave once again from the meeting. Mr. Win Ervin then appeared at the council chambers and he was given a resume of the happenings regarding the tire bids. Mr. Ervin advised that if the tires were all equal, he did not think anyone could bid below that price as that is the same price the State bids,-they sould have all come out even. They are all set at that same figure. With noting further to discuss, the meeting was adjourned at 12:00 midnite. ATTEST: '/"5>"'1 Z< ;cr::f.: '(1/(77'(... Beatrice E. Watts, Cjty Clerk ch n '.-J " J //1/,/ . / Approved: ( . L [< '- ' {i to':} '~( C ;( Alex'Petrovich, Mayor r- 12H Special Meeting November 30, 1959 Regular lweting December 7, 1959 A special meeting of the City Council was called to order at 9:30 p.:t\. November 30, 1959 by Mayor Alex Petrovich for the purpose of completi ng the Home Rule Charter schedule and aJ:Prov ale Present: Clmn. Hafemeister, Hodson, Jergens & Kulin. Absent: Walker and Zentmire. ~ !:O L.j ~ ~ Clmn. Kulin - I make a motion that we accept the Home Rule Charter as presented by the Charter Commission. Seconded by Clmn. Hafemeister. Passed unanimously. Clmn. Jergens - I move that we instruct the City Clerk to publish and post the Home Rule Charter and prepare a resolution calling for a special election on January 5, 1960 for the adoption or rejection of the Home Ru))e Charter. Seconded by Clmn. Kulin. Passed unanimously. The Council instructed the City Clerk to publish and post notice of a public hearing on the Home Rule Charter far DeceITber 11, 1959 at 8:00 p.m. in the Council Chanber. Council unanimously moved to adjourn at 9:30 p.m. Approved: -) iLl. .' / ' I = I //" /;~- (' / Ll i y/ . / {( 2/) L ,. /, Alex Petrovich, Mayor ATrEsr: ,/ ( / I .-J"'-- <:,," - , l-/ (/ - / (L. Beatrice E. Watts, City Clerk Regular Veeting December 7, 1959 The regular IT,eeting of the Common Council of the City of Seward was called to order at 8:05 p.m., Decemrer 7, 1959, by ~ayor Alex Petrovich. Present were: Councilmen Hans Hafemeister, Rupert Kulin, Neville r~dso~, Erma Walker and Councilman Elton Jergens arrived at 8:15 p.m. Councilman Robert Zentmire was absent. ~inutes of the regular meeting of November 16, 1959 were read and corrections requ€5ted as follows: 1. Clron. Hodson requested mutual position changed to ~eutrnl position on page 118, paragraph 1, line 7. All agreed. The minutes were approved as corrected. The minutes of the special meeting of November 23, 1959 were read. Corrections and ammendations as follows: 1. Page 121, close of paragraph 1, Clmn. Walker noted a lack of statement tha.t Plan Three of the proposed local court systems had been chosen by the Council. Agreed by all for a more definite statement that plan Three was chosen by the Council and the Administration of Courts to be so advised. Minutes approved as read and corrected. Minutes of the Special Meeting of November 27, 1959 were read and approved as read. Minutes of the Special Meeting of November 30, 1959 were read. the wording of his motion to be WI movew in first paragraph. corrected. Clron. Kulin requested Minutes approved as Mayor Petrovich requested Mr. David A. Droege to present his business with the Council. Mr. Droege said he was representing ASl!lociated Finance and AS5uran~, Inc. of Anchorage and He firm wished to make it a matter of plblic record that they are interested in coming in to Seward. He gave a brief resume of the firm's business activities, pre- sented a recent interim financial report to the Council for City record and copies of their Articles of Incorporation for the Council's information and to be returned. Mr. Droege concluded that he would like to know of any records required of his firm for fil- ing with the City, and if there were any fees charged. It was established that this firm was not regulated by the State Banking law but Mr. Droege said by a different State law the number of which he did not recall. Clron. Kulin recommended the Council not con- sider any of the details of this firm. They say they are in line with the state law and any discussion by the Council may be misunderstood. Clron. Hodson concurred. Mr. Droege said his only intent was to advise the Council of their intent and learn of any requirements. He was advised that the collection of two per cent tax on gross sales for City was the only requirement. The Council thanked Mr. Droege for coming before the bodYI agreed to table the matter for two weeks for the City Clerk to check the records and Ordinances and unless found to be in conflict with the health and welfare of the com- munity, to give this firm a letter that the City has no objection to their establishing a business in Seward so long as they conform to the state laws, and advising them of any Ordinances affecting their activities. V~. Keith Copeland passed to the Council statements of no objection to his securing a transfer of his liquor license from out of town into town from various liquor estab- lishmentsof Seward, six in number, and a statement in favor of the transfer signed by 32 local persons. Mr. Copeland also presented the Council a letter of request dated r-- [.eccrQbe~ 7. .95:' City Clerk lS,::V lQUIPMEN'l: FOR S^L~ The City o. ::ewarCi desire" to sell the be10101 HateG- uSeG equipilleDt AS is an~ where is. hiGS ~i11 be receiveQ ~y the City up to 5:00 F.~!. t:ecember 21, 1959 on a per item bad.. H an lleceptal:le tiel is l'eee1ved. award or award. will he made at the Council meeting December 21. 1959. Tbe City of SewarG reserves the right to reject any or all Meil1. ODe Ari~toerat Duwp beG - 3 yd. witb hoist. type S2~ ~erlal 39192 One l'll) 1:100" ,.n;p hac - 5 yo. ",'it. ao1 !it. type J.j4 .'erial 31975 One Cueade t'ol..t - l'ouble DrUB! size I). ~';It lZ" (11,1lll8 The above equipment may be in.peeted at City of ~eward equip~~nt depot at 7th ar~ MadisOD. " Posted at City ~~ll ~ulletin 24&1'0. U. s. ~08t-ottice. aDd Federal building nulletia Board this 7th ciay of Uecemher 1959. 11 a~( ~ ? -Zd1lt; b;itrice E. Watts City Clerk r. DccE'''1ber c', 1S'59 T-.J? December 5, 1959 and a letter to the City from Wendell P. Kay, Attorney, of Kay & Buckalew in behalf of Mr. Copeland was read to the Council along with Mr. Copeland's presentations. Clmn. Hodson commented that the State law reads that the State gives its approval to such transfers and yet the State is also asking Sewar,j to give approval before the State. Mr. Copeland in reply to Myr. Petrovich's question said his understanding was that the State requires that the City Council be given control of what is best for the City. Be contin- ued tha t he had secured statements from people aroll.'1d town that they do not object and it would be a source of revenue for the City. Clron. Kulin remarked that the issue seems to he what is best for the City. He continued that there were thirteen liquor establishments in town - there will be a fourteenth in a few days and that makes a rat io of one to each 127 people and tha tit quite a difference from the one to every 1500 r~tio. He concluded that he was sure everyone concerned wished to do what is right and the matter of increased income is a good point and he felt that the figure of one to 1500 must be there for a good reason. Clron. Hafemeister said that he liked the financial returns for the City but he felt that Mr. Kay who has been in the legislature and helped make these laws has used a technical crawl-out by writing these laws and then writing the letter throwing it into the hands of e,e Council. Hr. Copeland thought if there was any technicality or legality in it they would not grant the licesne in any instance. Myr. Petrovich pointed out that the Council had had a similar experience in granting a transfer to Mr. Jack Werner and now the Council is having quite a lot of trouble with it and a great deal of correspondence. Clron. Hodson thought the Board should be contacted for an interpretation of the law. Mr. Sol Urie said that he is in the liquor business and has watched the laws and regu- lations and the legislature made a law and people can pick out points where they get around it and in his opinion Mr. Copeland's application for transfer is illegal and so far as Mr. Kay's"letter is concerned it is a case of an attorney and a cclient. He commented on the recent court decisions in connection with Liquor Control Board author- ityand said he thought the liquor situation in A laska is terrific and while the State does not intend to cut anyone out, they intend to not let others in when one leaves. He said the City gains the return of the license by the sales tax and other items which would come from the rest of the dealers. He said his business would drop with the addi- tion of another concern, and if the Council says the transfer is in the best interests of the public, the Board will likely go along with you but, he said, the law was set up to handle these cases. Clron. Kulin asked the Council to consider a hypothetical question of presuming this license is granted and suppose other licensees from say Kenai or Portage wished to come in, what then would be the position of the Council? Mr. Urie said he agreed with Clmn. Kulin that if transfer is graded to one, transfer must begranted another of like status. Clmn. Walker said that regardless of whether it is legal or not she didn't believe the Council should allow consideration of the City's coffers to sway it as to whether it is best far the people to have it here or to have any mo~ liquor establishments here. The best interests of the public is our problem.She concluded, whether we are going to cur- tail tre industry is not our chief concern but cue we regulating it in the best interest. Clron. Hodson suggested writing to the Liquor Board asking them to clarify the appar~nt confli~t in the law on the following: Chapter 197, Lines 45 to 51 and the last 6 lines of Section 35-4-13. Clmn. J ergensagreed tha t this shoul d be cl arif ied and then if it comes back in the affirmative, the Council should hold a public hearing for the purpose of hearing from the public. He said there seems to be a conflict here. Clron. Walker concurred. Clmn. Jergens said he thought it is so easy to go ahead and take action and then hear that people think they would have liked to have an apvortunity tc express an opinion. Clmn. Hafemeister and Hodson agreed. Mr. Copeland asked if it would be possible for him to ask that some Councilman put this in the form of a motion and go ahead and send the letters presented into the Board for an opinion. He said he would like a motion of asking wnether it is legal or illegal far the Council to approve change and he said he would take his chances on a public hearing. Myr. Petrovich conurented that the ,Council has gone on record regarding the matter of pub- lic interest being of great importance to this Council. Mr. Copeland said that his inter- pretation of the Section under question is that a licensee cannot operate without the con- sent of the Board and cannot apply to the Board without tre approval of the Council. Clron. Jergens said he was willing to forward the inforrrdtion to the Board. He said ~~. Copeland has gone to the trouble of getting a legal opinion and he is willing to go along with him on sending the information to the Board. Clron. Haferreister said he would go along wi th Clron. Hodson. The unanimous concurrence of the Council was to wri te the letter as indicated by Clron. Hodson. It was also agreed to request an extension on the deadline date of Decerrber 19th made by the Board. Hr. Copeland said this was agreeable to him and sounded very fair to him and inquired as to the disposition of the statements presented the Council. It was a greed that t he City Clerk was charged with makinCJ copies of the papers and returning the originals to Mr. Copeland. Myr. Petrovich introduced the subject of burning garbage and refuse and the pertinent part of Ordinance No. 192 was read. Clron. Kulin said that people had pointed out to him that the FiTe Department has stopped some people from burning papers and they are prevented from carrying them to the garbage dump. His opinion was that tney should be r 128 December 7, 1959 ,~ :t:: ~ :.t> - authorized for bu:ning under safe :::ondi tions especially as he thought it was done all over town and if some are allowed to do this, others should be allowed, providing they use a proper container. He thought it would be found that those who burned their own paper trash in a proper container probably had the neatest yards. There was discussion to consult with the Fire Chief regarding safe burning and practical regulation of same. Myrl Petrovich asked Cl mn. Kulin to gather information for a report to the Council. Myr. Petrovich asked Mr. Liebelt, Superintendent of Streets for a report on the evalua- tion of tire bids. ~tr. Liebelt presented his report that the quality of the tires and tubes on the low bid seem to compare favorably with the requirements of the bid. Letter dated November 28, 1959 from Goodyear Tire and Rubber Company accepting return of un- used tires was read. Clmn. Jergens requested a letter to Mr. Lynch of Goodyear Co. thanking him for his consideration of the Council ard continued ths t he thought they had been very charitable ard Ue Council waw appreciative. All members of the Council agreed to send t1-e letter am express thanks. Mvr. Petrovich requested the wishes of the Council regarding the final acceptance of the bid. Mr. Win Ervin said that in look- ing over the bid submission he noticed that some items did not say whether they were double or triple tread and naturally some were bid OM way and SO!!le another and,he con- tinued, he would like to see the bids more carefully evaluated as to quality. He point- ed out that as Mr. Lynch had said there are seventeen different qualities on $ome types of tires. He concluded that he didn't think all the tires had correct identification. Mr. Liebelt's evaluation was reviewed was reviewed. Clron. Walker thought it was rather sketchy and hardly could be called an evaluation of the bids. It was her feeling that possibly ~tr. Ervin had a point. ClnL~. Jergens agreed that the quality of bid data could probably be improved but continued that he did not think this was a f~tal error as all bidders had this opportunity to bid on double or triple tires. Clmn. Jergens - I move K~ !e~urn to Goodyear Tire Co. the unused tires and other unused items per ~lrchase Order teceived from ~~. Lynch paying t1-e freight thereon and reim- bursing Mr. Gus Johnson the negotiated price for the tires ard any other items already used which cannot be returned. Seconded by Clmn. Haferneister. Unanimous vote in favor. ~~r. Petrovich reported that he has had three requests from department heads for changes on the tire orders since the bids were drafted for tires. }rr. Liebelt explained that tbiE' waf; due to tlce long ddC',v in getting the tires. ]e said t he street dep'lrtment had net had to charge tbei r order but some departncents had CJ!1d if tires were not secured soon there would be need f or further changes. It was agreed thCit the tires should be received as ordered. M4. Ervin said it was his understanding that Mr. Newell would go over the tire requirement with ~J. Liebelt and write up the specifications as they thought they needed it dnd H.e bid would be written up with these specifications but the final bid was not n~ch wore clear than the first bid he concluded. CliTIn. Walker commented thCit t'-:is had been covered at a meeti!lg where Mr. Ervin was not present but there was no satisfactory answer to it. There was the fact that Mr. Newell stated he would work with Mr. Liebelt on the specificaticnR but this was never done or at least the information did not get on the bids. C:Iron. Jergens - I move we accept the evaluation aOO proceed with awarding the bid for t1-e tires to V.art Variety for the bid price of $1242.56. Clmn. Walker - I second. Vote unanimous in favor. Clmn. Kulin remarked for anyone who may be interested that hereafter when the Council entertains application for bid, it will be specific and it should make it easier for those who wish to bid. It was asked what became of the battery bid and Myr. Petrovich said Clmn. Je~ens has been authorized to handle it. Mr. Gus Johnson said that he went up to City Hall and wanted to read the minutes of the meeting of November 27, 1959 aoo. there were no minutes in the book ard Pages 113 to 117 were not in the minute book: and he continued he did not think this in accordance with best procedure. The City Clerk requested permission to explain believing that she was the only person present with knowledge of thi smatter. She explained that while she. was still working full time at her previous job she had taken the minutes of the meeting of November 16 at the request of the Hayor. She had hoped to transcribe these minutes be- fore December 1st when she began work at City P~ll and had been given these pages from the minute book to do this work: after hours at home. She explained that her regular job had required a great deal of extra hours and this in addition to concludirq other commitments had not allowed time to transcribe the minutes of Novenber 16 as well as the minutes of November 23, 1959 upon which Mrs. Walker would be able to transcribe her minutes of the meeting of November 27th into the book. She continued that when Mr. Johnson called at City Hall he had not asked about the pages, but had simply expressed his indignation that the minutes were not transcribed though it was explained they were not yet due. Clmn. Walker remarked that she felt this explanation was probably satis- fadbry even to Mr. Johnson and her opinion that pages out of the book with nothing on them is not a bad thing. She concluded that she concurred completely with the explana- tion offered by the City Clerk:. Mr. Johnson said but what if someone wanted to read the minutes and they are not there. Myr. Petrovich said that if the minutes were not trans- cribed no one could do this except the one who had taken the minutes and the' minutes cannot be transcribed without taking the pages out of the book. 'T"hnc. 'h.:::art hOlOon ra.c!QT"'I;;T,p~ for My_ C::j::::l{'yYrTP ~~'l("ntJ"~v nf ~Nrlrrl RPTV;("!P nnt n~ 'WAR not nreRent. r :s'Pc,?rn~,t?~ ..., lc;:~ "l. ..,." 11 ..r.. . The ,only bid received for printing tax forms We'S opened by the City Clerk and itwdf decided that no suspension of the rnles ',.;as needed to handle this award. Clron. Hafemeister - I move that we accept the bid for printing tax forms as submittE,d by Kirkpatrick Printing Company in the amount of $112.50. Seconded by Clron. Hodson. Unanimous vote in favor. The City Clerk was advised to notify Kirkpatrick Printing Co. of the award. A proposed resolution calling for a special election for accepting or rejecting the proposed Home Rule Charter was read as follows: RESOLuTION NO. 141 A REOOLUTION CALLING A SPECH\L ELECTION FOR THE PI.JRFOSE OF DETERNINING THE ADOPTION OR REJECTION OF TEE FliDPffiED HN1E RULe r;IJARTE1'Z AS r,pPROV;:;D BY THE CHARI'ER COMHIfSIm~ CF THE CITY OF S11>lARD, ALASKA. WHEREAS, on October 7, 1958, a majority of the quali~ied elect0rs of the City of .Seward, Alaska, voted yes to a propositi on of l^,l1ether or not the City of Seward would adopt a Ci ty Charter providing for a Home Rule type local government pur suant to thE' power to do so granted by Section 9, Article 10, of the ,Constitution of the State of Alaska, said charter to be drafted by a fi',,= merrber Cr~rter Commission ~,ppoi''1ted by the City Cou:lcil of the City of 2ewad, whose duty it shall be to draft a City Charter for review by the City Council to be submitte:! for ratification by the voters of thE! City of Sewar.j at a future general or special election, am WHEREAS, on December 15, 1958, the City Council did name a fiVe! member Ch:uter Co:mr.i.s- sion, and WHEREAS, on November 30, 1959, said Charter Commission presented the proposed Home Rule Charter for review by the City Council and the City Council voted unanimously for City Council acceptance of the proposed Charter, and WHEREAS, on December 2, 1959, said Charter Cornrrdssion filed with the Seward ~ity Clerk two copies of the proposed City Charter signed by the five mernbers of Ue Charter Conunission, am WHEREAS, th= approved proposed Horne Rule Charter was posted December 2, 1959, in three public places by the City Clerk, and WHEREAS, on December 2, 1933, notice of Public Hearing relative to Ue prOVlSlons of the Charter to be conducted December II, 1933, by the Charter Conuniss ion was posted in three public places by th= City Clerk, NCM THEREFORE BE IT REOOLVED,and it is hereby resolved that the City Clerk of the City of Sew-ard is directed to publish notice of election to be held on January 5, 1960, for the purpose of adopting or rejecting the said approved proposed Horre Rule ChartElr for the City of Seward, aoc! the City Clerk is furtl-ar directed to have ballots pre- pared for such election to be held on January 5, 1960. Clron. Ku1in - If there is no further discussion and as an emergency exists in that the election date has been set for January 5, 1960 in compliance with th= state law deadline, I move that we suspend the rules for the adoption of Resolution No. 141. Seconded by Clron. Hafemeister. Unanimous vote in favor. . Clron. Hodson - Nr. Hayor. I move that we adopt Resolution No. 141. Seconded by Clron. Haferreister. Unanimous vote in favor. Myr. Petrovich - We will go on to the resolution for the City Clen to sign checks. RESOLUTION NO. 140 WHEREAS, expenditures from various city fuoc!s presently authorized by the City Council through warrants drawn on the First National Bank of Anchorage, Seward Br.'lnch, and, WHEREF,s, there has been a change in the office of City Clerk, of the City of Seward, and WHEREAS, it has becolll3 n:!cessary that the First National Bank of Anchorage, Seward Branch, be instructed and authorized to honor City of Seward warrants containing certain sig- natures NOW. 'ffiEREFORE BE IT RESOLVED, and it is hereby resolved, tret the First National Bank of Anchorage, Seward Branch, be, and it is hereby instructed to honor the signatures of Alex Petrovich as actirg City Manager, Beatrice E. Watts as City Clerk and Eliza- beth L. Mahan as City Treasurer effective December 7, 1959 for all warrants drawn upon the City of Seward, General Fund, Sales Tax Fund, City of Seward Marine Ways Bond Redemption Fund, Tax Sale Fund City of Seward, Capital Improvement Fund, and 1954 Sewer Bond Fund Accounts of the City of Seward. Clron. Walker - I move that the rules be suspended for the consideration of adoption of Resolution No. 140. Seconded by Clron. Hafemeister. Unanimous vote in favor ,""-- 130 December '" 1959 ~ :0 ~ :;t;. ~ Clmn. Kulin - I move that we adopt Resolution No. 140. Seconded by Clmn. Jergens. Unanimous vote in favor. Clron. Hafemeister said he had an item to bring before the Council in that as Chairman of the Harbor Commission he was in error in assuming that Mr. Johnson was confirmed as a member of the Harbor Commission and that he is now asking if it is the pleasure of the Council to reappoint Hr. Johnson as a member to the Harbor Commission. Clron. Kulin mentiored that before it was handled as an appointment by the l-'ayor. Myr. Pet- rovich - Then the Mayor reaffirms the appointment of Mr. Johnson as a member of the Harbor Commission. Will the Clerk see that he gets a letter of appointment. A letter dated November 30, 1959, from the U. S. Forest Service to the City of Seward regarding relinquishment of right-of-way and long standing requests for final maps of certain parts of the pole line was read to the Council. Myr. Petrovich commented that this appears to be another case of letters received and not acted upon. Clron. Jergens asked if the Utili ty Board had received a copy and Hyr. Petrovich replied that a copy had been given the Utility Board Chairman. It was agreed that the Utility Board should be given an opportunity to express their intent and recommendations to the Council be- fore reply. Myr. Petrovich said he would have this letter ead at the Utility Board meeting the following evening. Clmn.1>lalker - I move for a short recess of ten minutes. 11:15 p.m. Resumed at 11:25 p.m. Clmn. Kulin - I move trat we suspend the rules and Item 2 of the correspondence section be relegated to Item No.6. Seconded by Elmn. Jergens. Unanimous in favor. ~ letter to the City of Seward from Attorney Buckalew dated November 27, 1959 and re- garding tre validity of the liquor ordinance and the securirq of bonding for tre pro- posed pa. ving program wa s read to the Council. Clron. Kulin woIrlered why Mr. Buckalew could not have secured the information from Mr. Shannon and evaluated it and sent it on to the Council instead of suggesting members of the Council call on ~tr. Shannon. Clron. Walker asked if he wasn't instructed to send the information regarding paving project to the bonding agent and find out from them if the City could feasibly go ahead. Clmn. Kulin agreed this was the instruction and also to find out what was need- ed for the special election and trat it was to have been done with all due haste to try to avoid the necessity of a second special election beyond the Charter election. There was dis cussion of next steps to take. Clron. Walker said possibly he had a point in that he should probably be advised by letter as to whom his opinions and letters should be sent to. Myr. Petrovich replied that this comes out of the fact that Mr. Buckalew instructed Mr. Headrick to abide by tre liquor ordinance in the matter of closing hours for bars and Mr. Headricklt€fk ~t upon himself to disregard Hr. Buckalew's _ opinion. Clmn. Kulin remarked that thisilSe]ost another indication of why things move ~/'fti?O slowly. He continued tha t the City is paying this Iran to do a job and he doe s nothirq, p"-'"'-7--Clrnn. l'ialker remarked that perhaps thif: is the time to consider retaining another attor- ney an:! a definite understanding of what is expected of an attorney for a retainer fee. Myr. Petrovich thought perhaps the Council shouldwait until the City Charter election has been C'lompleted and it can then base it s acti ons on tha t document. Clrnn. Jergens thought it might also be well tQwait until the new City Manager has been chosen and is on the job. Clron. Jergens asked if the Council was obliged to go through wit h the pav- i~g project. He pointed out that the Whole thing is so informal with the lack of speci- fications and that until we see the results of the ~nchorage dock, etc. he hates to see the Gi ty get too far out on a limb. It was decided that the City Manager should tele- phone ~ll. Buckalew and find out why he had not followed his instructions and depending on how the situation develops perhaps instruct ~tr. Buckalew to confer with ~tr. 2hannon and forward the needed information regarding the feasabili ty of going ahead on the P'iv- ing wi thout engineering. Clron. Jergens commented that for the record if there is any lattitude at all on the part of the Council unless he can be convinced, he is going to be very much opposed to it. Clron. Hodson said he concurred because there are about 15 to 18 lots delinquent in taxes and it may be difficult to get them to P'iy their share. Myr. Petrovich agreed and continued that when the tax situation for next year, thinking of the school, etc., one wonders where to get the revenue. A letter dated December 6, 1959, to the City of Se'lard from Marathon Television was read. ~~rathon Television requested the City to ask Secretary of Agriculture Benson to grant a Temporary Use Permit pending action by the FCC and requesting a quick decision due to the coming winter months. Also read was a copy of letter from Senators Bartlett and Gruening and Representative Rivers to Secretary of Benson dated Novewber 27, 1959 and also a letter dated November 24, 1959, from U. S. Forest Service to City of ~eward. Mr. Don Lowell reported that Marathon Television had been given a permit for the road up the mountain and had applied f or a Use Permit but tI-e Forest Service won't gi va one as lir. Lowell believes their Anchorage office is trying to say what FCC will do. He con- tinued that tI-e Forest Service says the ir equipment is inferior am it is Ue same equip- ment used at Clear. He said they planned to broadcast fr~ i,.,:nJo Moose Pass area and he had explained it thoroughly to Mr. Hardy and the Anchorag~~grfice is well aware of Mara- thon is goirg to do and unfortunately they say if we apply they will have to give us a letter saying they cannot compl~because their regulations are so far back _ back in r December 7, 1959 1~1 "', .,:. 1934. And, he continued, you notice he contradicts himself in the letter by saying that even though Clear is going to be shut dcwn they will license the m and you do not do this. If you license a station it is going to continue to operate. We get nothing but double talk from the Forest Service he said. We are abiding by He re- quirements. He continued that they could put in micro-wave and ultra-high frequency but in so doing will deny t he people along the road televi sion and it will undoubtedly increase the cost to the customers in Seward at perhaps $150.00 as this equipment is very expensive. It will cost another $15000.00 and lJarathon can apply ror a license and in six weeks have tre signal in 2eward and if they must do t~1is ultimately ney will he said but they are trying to use an ultra-high frequency receiver which puts out a goo:! signal for 10 miles. You realize, he said that in Seward lots of people live behind obstacles ard if television is broa::J.cast from Ht. ltlolcott perhaps three- fourths of tre people would not receive. He described the type broadcast they planned to deliver as being the best technically possible. }~r. Petrovich asked if the request was simply for a letter to the Secretary of Agri- ~ulture to grant the Use Permit. Mr. Lantz replied yes but there was also a need to understand. He continued that it could be read that the Forest Service makes claims of FCC objections but he said they have never received one letter of objection to any portion. The Forest Service, he said is tryinq to enforce an old outdated regulation or the FCC ard the FCC is not enforcing it themselves. Clron. Hodson remarked that in view of the first letter the City received from the Forest Service that he didn't tliink the Council should enter into any controversy wi th trem. Clron. '''a11--..8r agreed and thought t[,e Council should have an opportunity to study the franchise. fro Lantz SGid the purpose of that letter we wrote to tl1e l"1ayor a nd Council was :lot to reque st a firm stand but merely to urge Secretary of Agricul ture Penson to act as soon as possi'0le and not let it drag on through the months but not to take issue in our behalf. CIron. Kulin asked for verification that ,11 the letter asked for was a special temporary use permit and that part was read again. Clmn. f.ulin asked how such a request cculd hurt ~nyone whether Parathon was right or wrong. Clmn. Hodson agreed but not to have the letter sanction it. Clron. KU:lin poihted out that they have a Council action in the form of a franchise from the City. Clmn. Hodson asked to see the franchise and Myr. Petrovich advised him that the City Clerk had searched for it and could not locate it. Mr. Lowell pointed out that they were prepared to install micro-wave but that this will cost the consumers more money and since it is the people who will suffer and not Marathon Television and the Council is the governing body of this town. He concluded that they had explored all types of equipment and found that they have to be best. Clwn. Jergens said he didn't think they ~anted the Council tortipulate that it affirms or denies but just asking for an early reply. Clron. Hodson agreed that this might be all right. Clmn. Kulin said he was in favor of drafting the letter as it is not going to hurt anybody and it way help somebody as the re are people in town who have bought television sets. Tr.e City Clerk -..as instructed to draft a letter and have it approved by the Council. M,.~. Myr. Petrovich requested Mr. Digerness or Mr. Franklin to speak if they wished. V~. Digerness said he thought the City was approximately in this position with regard to their auditing the books. The City has abolished the position of accountant and the auditors have posted up the books themselves in portions of January, February and }~rch without Council approval and, of course, the bid on audit does not imply this. He continued that the Utility Books need to be posted up through April, May and Junel They have done all test checks and are about 75% through the audit of City books. He would like to know he said if they should stop the bookkeeping and the City hire some- one to do this work or if they should go ahead as presently there is no one working on the Utility books. Clron. Jergens said he thought this was not much of a change. t~ continued that the problem here was that the Council has had no one to guide the work and this work must be done for audits and financial reports. He asked what was involved in this. Mr. Digerness reviewed past years when audits were done with the understanding there would be bookkeeping to do and the cost had run about $5000. to $6000. but this year they were given to understand the bookkeeping would be done by the City. Clron. Walker asked if the Council were in a position to negotiate on this as the Utility Board awarded the contract. Mr. Digerness continued that they had several discussions prior to hiring a chief accountant and it was brought about by the fact the Utility Board had no accountant and it seemed to be something of a waste of money to pay from $5000. to $7000. for an audit encompassing so much bookkeeping. And the Board still had no financial state- ments. It had been their suggestion, he said, to do away with o~e person at about $650. and hire someone at $750. to $800 . and have a person capable of getting out these financial statements and they thought this would benefit the Council also at the accountantcy level. This was done and at the time they made their agreement he said the Utility books were ~eing posted up. Clron. ~alker asked if Mr. Digerness did not just say they had done the bookkeeping work for January, February and March. He said yes. She pointed out there was an accountant in the employ of the City and yet the auditors are doing the bookkeeping and your statement iJ., that there was an accountant in the employ of the City and the r 1~2 December 7, 1959 ,... :0 -. 01 1> - books were bein';T posted. Mr. Digerness said thiE agreement was made in 1958 and at that time the books were current. Clmn. Jergens asked of the Councilmen from that period as a matter of interest how long it had been bince they had seen a financial statement from the chief accountant as to the current status of the books. Clmn. Kulin said he had never seen one - he had been gone a few months but he had never seen a financial statement. Clmn. Hodson said the last one subrni tted was <bout the first week in December 1958. Clmn. Jergens pointed out that the Council is having a very difficult time ~et- ting information and is starting from rock bottom. All agreed it is a Ead situation. Myr. Petrovich asked if it was thought they should ask Messrs. Digerness and Franklin for a commitment on posting the books to June 30, 1959. It was decided the Utility Board should decide on this tomorrow night. Mr. Digerness said a decision by the Utili- ty Board would not delay them. He said they had had no opportunity to discuss this with any Council mewbers end had gone ahead and would like to know their thinking on this matter. He said they were willing to go ahead on this for t~le price of about $150.00 J:€ r month aE' they are very anxious to get the audit completed before the Jan- uary rush. Mr. Franklin added that the City books are posted however even there there are many basic entries they have had to make but they are not asking anything for that. }k. Digerness urged the City to consider an overall plan for their accounting needs saying that the sooner the better and that this would get the work done better and cheaper. They recorrnnended an accountant within the City organization. F letter to Mr. H. M. SWift, Pacific Fire Rating Bureau, dated November Mr. Ray Billens was read and also the reply dated December 3rd setting quirements for coordinating Forest Acres and Seward Fire Departments. was instructed to pass this information to the Fire Chief. 30, 1959 from forth the re- The City Clerk A letter dated November 3, 1959 from Mr. Sheppard of Grande & Co. to the City }~nager with copies to the City Clerk and to the }~yor regarding the non-compliance in the !ratter of providing financial infornation and reports to the bonding company and setting forth the alternative action anticipated by the bonding company if this in- formation is not forthcoming immediately, was read to the Council. This letter was specifically requested by the writer to be read to the Council and Utility Board. Myr. Petrovich told the Council that all copies of this letter were found in the file drawer and the City Clerk and Utility Board had not seen their copies. The only reply had been by Mr. Headrick on November 27th when he wrote Mr. Sheppard promising the March financial statement early in the week of December first when he would no longer be in the employ of the City. On December 2, 1959 the Chairman of the Utility Board, Superintendent of Electric Departnent and Acting City Manager had forwarded a re- quest to }Ir. Sheppard for permission to expend capital funds for the Bayview Lumber Co. construction. The following day this letter was discovered and a night letter s~nt to Mr. She~pard. After furt~er discussion with the auditors and a date of Janu- ary 5, 1960 eet for completion of P,e Electric System audit Mr. E'heppard was so advis- ed by another night letter on the 5th December. ;, letter dated October 12, 1959 from Hr. Richard J. Tuff regarding completion of assess- ir.g and depreciation of tax rolls was read. It was decided to '.;rite Hr. Tuff and ad- vise him of the new personnel and ask wha.t is involved in the completion work and se- cure estimates for both pieces of work. F. letter ~1ated November 30, 1959 from tDe lUas\::a Na':lonal GUlArd relative to fire in- surance on the :\rmory building was read. There was discussion of the financial parti- cipation of this building and Clmn. '<'Talker recalled that right after the City of Seward had gone ahead with the rrmory (the City was contributing 25% and the Federal Govern- rrent 75%), the Fedenl Governrrent made it legal for the State to ccntri1->ute the 251- and she said that Seward is the only city to put in an armory on the previous basis. Clmn. Kulin remarked that the Council is interested in two things - getting reimb11rsed F:;~and if we ever get it back not insuring our interest. elmn. ',,",alker remurked that the ~~.School Board wanted five class rooms included in the armory whiCh increased the cost of the armory and necessitated an increased bond issue. The City Clerk was instructed to reply to the letter and arrange a conference with General Carroll when he is in Seward in the ne~r future. A letter dated October 1, 1959 regarding the renewal of City liquor licensees being approved by the Council by October 20th was read. This letter too was found in the files with no action taken. There was discussion of the requirement of the Ordinance and the information requested bv the Liquor Board. Clmnl Hodson recalled handling these renewiils from a certified form some years ago. A sample of the form used in other years was examined which required certification that no bills or personal property or sales tax was due the City and certification by the Folice Chief and Fire Chief or exceptions to any of these items as set forth in the Ordinance and it was decided to supply the various licensees with this form as quickly as possible and set a speci"al meeting of the Council to process same. There was a discussion of the employment needs of the City offices. It was decided to consult with the Utility Board. It was decided to send letters to each of the City ~~nager applicants indicating the City is still considering applications. ~~. Charles Tryck's letter in reply to ours set December 16th as a date when he and Mr. Nicols of Community Facilities Administration could come to Seward. The City Clerk r was advised to Ut il i ty Board, Regular Meeting December 7, 1959 Special Meeting December 15, 1959 confirm for the 16th December and arrange for a joint meeting of the Planning and Zoning Commission and I~alth Council with the City Council. 1~~ It was agreed that the contaminated cranberry situation has no doubt been taken care of through other means and no action was taken.on the letter from the Department of I~alth. Werner's' Furniture Company was advised by the }flayor that it would be splendid if they would play Christmas carols as requested in their letter. A letter dated Decenber 7, 1959 from Herman Leirer regarding the prospective sale of Lot's No.5, 6, and 7, Block: 11 in the Cliff }\ddi tionand a request that the City re- locate the street crossing the lots wa!C read. Also read a letter from }-ir. PI Chouinard regarding cost of preliminary survey. Clron. Jergens suggested this be tabled until about Juanuary 23rd. All agreed. A letter to the Mayor from B & C Auto regarding delinquent billE to the Electric eys- tern was read and while this letter was directed to the Mayor it waE decided to turn it over to the Utility Board. Mvr. Petrovich reported that a Mr. Hennessy gave the City a pump with no agreement for payn~nt and tomorrow he is going to call and ask for a transfer of the pump for a winch the City has for sale as unneeded equipment. Clron. \,\falker asked if the City could get a letter from Mr. Hennessy bringing out the whole status of the thing and also a statement from Mr. Liebelt. Myr. Petrovich agreed that written facts were needed here and the City Clerk was instructed to secure the two written statements. ATI'EST: &AZA'r~, Beatrice E. Watts, ;C J{fh775I Ci ty lerk: 2:50 a.m. Clmn. Jergens - I move to adjourn. Seconded by - -.. - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Special }~eting December 15, 1959 A special meeting of the :::0rrnon Council of tlte City of Se'liu::! -,las called to order by Myr. Alex Petrovich dt 8:0& p.m., Decerrber 15, 1959. Present were Myr. Alex Fetrovich; Councilmen Neville Bo::lson, Robert Zentrnire, Rupert Kulin, El ton Jergens, Erma '.valker and Hans Hafemeister. Item No. 1 on the Agenda was the review of applications for renewal of local liquor li- censes. Myr. Petrovich remarked that with the change of person:lel in the office the let- ter dated October 1, 1959, to the City from the Board of Liquor Control advising that re- newal s forms had been mailed to 0.11 licensees of iDe City and tha t not later than October 20, 1959, t~e Board request~d all pertinent information relative to the licensees past operations arri the City's approval or disapproval of the renewal along with excerpts of the Council minutes pertaining, had not been brought to the attention of the Council un- til just last week. The Mayor continued thot the City had immediately mailed to the li- censees the forms by which they co~ld supply the City with information needed to comply wi th Ordinance No. 255, and had set December 18th for sp3cial council rreetirq to review the renewals. This clc.te was moved forward due to the urgency of gettirq the information to Juneau. The Council appreciates the fact that for the past two years the procedure has not been followed and that the licensees have made a Teal effort to accommodate the City with this infornation quicl:1y. The various applications were noted and passed among the Councilrren for inspection. Hyr. PetrOY'ich asked the City Clerk what was meant by the statement that there were no assess- rrents or utility bills made to date against \oTerner's Narket Liquor Store. She replied that for the past year there were no personal property assessrrents, no sales tax has been paid and no utility bills have ever been billed. Myr. Petrovich passed the correspondence file leading to this meeting to the Councilmen and requested that if it was desired to have any or all of it read aloud that the request be made. Myr. Petrovich requested Mr. Sam Romack, executor of the Tony Parish Gstate to explain the item shCMn of no personal property assessrrent against Mr. Hassoz and the equipment assessed under the Tony Parish Estate. Mr. Romack verified this statement that he had this date paid the personal property assessment of Pioneer Bar equip~~nt in the name of Tony Parish Estate, owner of the equipment. It was established that Mr. }~ssoz has no taxable personal property in his na~e. Clron. Jergens said that in general he was wondering just what the information on the forms is secured for, would there be any more than tree usual recourse against any other busi- ness, would it have any pertinent bearing on the issuance of a license for the next year and is it considered tre t the Council might withhold a license approval? Clmn. Kulin re- marked that it must have some bearirq though he had no recollection of sitting at such a 134 Special Heetin~ December 15, 1959 ".". :t:; --. ,01 ;J;> :.... meeting where this J:usinesEl'as handled. Clron. Zentmire thought tl-jere .las nothing on the State form that asks about this infonnaticn and he is wonderirg where the form derives its "Juthority. He continued that he thO\:qht all of us (implying licensees) '"ere wonderirg as there is no c:uch information required on any State fonns. Clmn. l.Jalker said she cO\lld offer sometbing on this as the f-xm Io[as developed 80r:le years back when she lo[liS at City Hall and t]-,e Ordinance specifies Hat theHl snaIl L>e no is- suance or renewal unleFS all taxes and other bills owing tlce City are current. Ordi- nan-::e ;~.). 225 sets t0rth the requir2ments and it was the case that the various licen- sees would come to City Hall with differed forms and information so th,t a standard forTI'. approved by the City was dr,;'rln up to givEc the Council like information from each license'e ar,d avoid mi sunderstandings. .::he suggested referring to Ordir,ance No. 255. It was requested that tne Ordincl'1ce be read a:; pertinent to t:cese forms qiving also the date of its dpproval. Itc.Gs appro'l'd N:ty 4, 1955 6-nd 1-1yr. Petro'Tich reii::! those portions requirin;r H,e information requested Of, the fom,s. C11~,fl. Zentmire sili,l F'ot he believed there is a letter in City Hall written about October, 1958 saying that all liquor ordinances written prior to October, 19S8 are invulid under the new State liquor law. Myr. Petrovich commented tho t he had not seen such a letter and that the only information the City has togo on is its ordinances until it is called to the City's attention trat it is not valid. Clmn. Zentmire re!tBrked tJ-,at it is being called to the Payor's attention now. Myr. Petrovich continued that the City has nothing definite ~o go on except ite ordinances and Clmn. Zentr~ire asked hON tre City can go ahaad and say this when it was automatically thrown out when the State has control of all liquor ordi- nances and nON the City is impressing an ordinance that is invalid and is in contradic- tion to the State of Alaska Constitution whereupon Clron. Zentmire read the Preamble from the Constitution. Clron. Jergens eaid that he would like to question Clmn. 7.:entmire' 15 put in tr.e discussion in view of his participation with the industry; that it may be all right but on the othe r hand in case tha t the minutes of the Council should be questioned, he "ould like to brirq up this matter. Clron. Kulin commented Hat nonnally when Le himself is par- ticip3.tirq in a matter of this sort wi th a personal interest he withdraws from the dis- cussion and asks to be excused from voting. ~l:nn. Hodson said tffit he would like to say that this is irrelevant and ~nder the Constitution the status of the cities is uncharqed under tre Local Governrrent seciion of the State Constitution but it goes on to say that they may bp. changed if tr.ey wish to crange. Clron. 1,Jalker asked if the City did not have a letter from Attorney Buckalew stating that the Ordinance is valid so the Council had no choice but to go by that Ordinance and the fact that the State has requested infolnation from the City regarding approval of renewals. Mr. &>1 Urie asked if the City had any record of a telegram froll' the Liquor Control Board regarding ordinances and liquor controls of perhaps October or the' first part of Novem- ber from Mr. Davis. No one was aware of such a telegram. :':i,,:,me question was raised from the floor whether Mr. Buckalew's letter referred to the or- ,."d' -' dinance in general or just to the opening and closing hours. Hyr. Petrovich read the portion of Mr. Buckalew's letter applicable and which stated that He Council should continue relying on the old ordinances as usual. There was discussion between the floor and the Council as to the meaning of the letter and Myr. Petrovich pointed out that this letter "ras in reply to the City's questions of other than opening and closing hours. Mr. Serio of the Yukon Bur commented that the meetirq was too late as the money and appliCi1tions had to be in Juneau before the 15th of December. Clron. Jergens said that here again the Council has a situation where they are requested to give a very quick decision on a matter of great importance and continued that he hesi- tated to take precipitous action that might be of a hazard to sorreone without having a full study of the Council's position. l1yr. Petrovich commented that there is the ques- tion of what the City would do in a year or two if the procedure is not follCMed in this !latter this year. Mr. Serio was advised of the telegram sent by the City on Decem- ber 14, 1959, to Juneau requesting an extension for fi ling the infonnation requested and their reply of Decerrber 15, 1959. Myr. Petrovich asked if there were any furtl1er questions in connectioo with the 'verner's Market Liquor Store renewal inasmuch a 15 there is no tax assessment and no other items on the books. Cln'n. Zenbdre s6.id that he thougnt it is a question which should be ask- ed and he would like to ask it. He continued that he has to keep his business open in order to 'be eligible for renewal and Hr. TNerner has not been in operation under this license. Clron. Jergens asked if the re was any infonnation in the fi Ie which indicates whlt the Council'::; duties are in this matter. He asked if the Liquor Control Board had given the Council anything to go on. Myr. Petrovich read tte letter from the Board dated October 1, 1959 requesting any adverse information of which the City had knowledge and to include identifying informa tion and sufficient factual and inforlllitive detail to allow the Board a cornprehen sive study of the licensee's past operation. He continued trot when this letter was called to his attention very recently that he too became con- cerned and mailed out the fonns and called this special meeting for Decerrber 18th which was then moved up to the 15th and the tele]ram sent to the Board Decer:b er 14th was read and their reply of the 15th. Clrr,n... Hm.c:::on ,::::~i,-1 th~t 'lit:> +'hi\l1n'h+ +'h,p ('!t"'Illnl""'i1 e'h^,,1,....1 YaU";'OIJ +'h.a .:::a'P"'\..,...,,;....,~+--:r\.n.'""" ",,..,,4 _....~ ~ Special Heetinc December 15, ; 1959 135 the recomrr,endations on to the Board and 13cr.d the excerpts of tne minu">~s as that seens to be what is needed by the Board. he recommended noting an exception on such a one as where the sales tax is not paid. The applL:ation af Yukon Bar showing sales tax un- paid was discussed and there was discussion from the floor regarding pending sales tax litigation. Clmn. Walker aske-i if a case involving sales tax legality red not been settled in court tl-jat it WiiS legal. Mr. Serio commented He t tr:is was so under the old laws but t1a t tnis case is being quest ione::i under the new laws ano is dealing strictly .vith liquor estrlblishments where the otJ.e r case was questioning the le0ality of salec tax in general He pointed OLlt tffi t the state la., provided that there should re no fur- ther taxes levelled by ne municipalities against the liquor industry. JvIyr. Petrovich asked for further information and tlr. Serio rei ter-ated that the injunction is tha t there shall be no further taxes incurred by the City administrations than have already been placed on tne:r. by the Territorial law so that he wished to just wait and see what hap- pens. Clmh. Hodson commented that this is in Juneau and not Seward. Clron. Walker comnented that she did not think it was the intent of this Councilor any other Council to penalize any particular industry. fhe continued that it seems that the liquor industry is regulated allover the country and regarding the sales tax, the tax is not against any particular industry but is a tax paid by the consumer and col- lected by the merchants. Myr. Petrovich concurred with ebron. Walker. Clmn. Kulin reviewed the Council's positionand commented that he agreed with Clmn. Hod- son t1a t the only thing the Council can do is to forward the a pplications to Juneau and stipulate their findings as to exceptions on the one or two. Mr. Jack ",rerner reported regal'din;r \\Terner's Market Liquor store a.pplication that the reason there are no bills owin;r the City is because the cills are current. The Etore opened as of December 1st, 1959 an:! it is open new and he continued that real property tax had reen paid on the house at this lociltion for years. He said that it has been known as Werner's Market Liquor store in this location since the first of December in order to protect its license by the requirarents of He law Vir,ich became effective May 1, 1959. He said he Nas told by the investigators from the l.B.C. Board that he must, and he knew that it was so, when he asmd for the transfer that it must be oper- ated for some portion of the day for thirty days each year. He said again there were no bills due because they are current and they will be paid on the 10th of January ",hen the City bills the store. Mr. Sol Urie asked when the specific date was for the transfer of this license from nowhere to somewhere - not the City Council'~ authorization but the A.B.C. Board's authorization for the transfer. Myr. Petrovich said the City bas not received this correspondence. Hr. Urie commented then tnat he thought Mr. Herner was operating in viola tion and he thought someone should look into this. Nyr. Petr ovich asked the City Clerk if we had had a reply to his letter asking if the transfer had been approved and the City Clerk said no. Clmn. Walker wondered if Mr. '"Terner could answer this question of Mr. Urie's and Nr. 'derner said he had a bona fide license and that he did :lOt recall the date but that Mr. Urie could come by the store and look at it. }lr. Urie continued his statement by pointing out that in 1958 there WilS no sales tax paid by this licensee and in 1958 a licensee had to be open thirty days in order to renew and back in 1957 there I'Tould have hiid to to alocation and in the transfer there is no location for the license. He cont inued that it seemed there had to be i1 loca- tion as a license cannot be secure,i for just any place. Ee continued that Hr. 'Nerner got ~is license five years ago and in his opinion it was a secret and nobody knew he vas carrying a license and something is wrong. ~ijr. Petrovich agreed that it is a very knotty problem. Er. "!erner replied 10 Mr. Urie that he thought nu one's license is a secret. It is rather an open fact wr,en a license was purchased f rom the Terri torial Dep:lrtn~ent of Taxation in tJ-,e old days and no'" from the ;,.B.C. Board it is no secret. H,,, contin- ued he h5..:1 appli.,.,d "or the 11cm,se ir, 1954 and on the advise of cor:.petent legal counsel he waw infonned that the provieions at that time did not have an effect and so far as )-e can deter:aiac this thine; iEabsolutely leqal. The store is operating, he said, under a new law effective in May of 1959 and it f'dYS this must be done and we are doing it and if j:.1-jere is Ii question it is a rr.atter for the A.E.C. Board. He said that he did not know that it was any business of the City Council. He conduCed that there if< no payment record bec.suE'" tl,ere are no bills and tpat pe has always paid his bills prompt- ly and that this is a matter to be cpproved by the Alcoholic Beverages Control :loarel. Vu. Urie com:r,ant'=d tho. t if thE' City Cou~cil approved somethirr;r whether it is rig:'t or wrong the A.R.C. Board will probably go alorg. He continuer! tl,.-,t if the Council had been on tre rJCill there would have been no renewal. He said t1at each year there hos teEn a law t1at the licenF'" had to 128 in use thirty days of each year and thi3 infcr- IT,tion was to be passed on to the liquor control peopJ.(' each year and this was never done dnd Mr. Urie said he t.h o\1ght the lic<o-r,s" I'IB. EO a secret and tile Council made _ booboo and transferred a license from noplacc to someplace and the Council ~'de a mi stake he believed. Hr. Serio said that it seemed to him with this new change of government and new Council that the Council was left a li HIe short time and it is a short time to decide what is I 186 Special Heetinf December 15, 1%1 ~ :::0 ~ ~ c... what when you have only fifteen days to go and he thought the Council needed more consideration and should grant these licenses and see where they stard in a few weeks. He thought thi s was qui te a burden to pIa ce on a new Council. Myr. Petrovich thanked Mr. Serio for his sympathy and continued that it is the duty of the Council to pass on the license renewals and the form has been of benefit in past years. Clmn. Walrer suggested the Council take those applications on which there are no questions and approve those and then by process of elimination take each one and discuss those that are left. It was agreed to proceed along these lines. Sixteen renewal applications were sorted out as being fully certified in correct form. Clmn. Hodson - I make a motion that we approve the sixteen licenses as follows: American Legion Club; Harbor Dinner Club; Seward Trading Co., Inc.; Gil's Lounge; Yukon Liquor Store; Solly's Lounge; Solly's Liquor store; NU91et Bar; Surf Bar;, Flamin;1o Loung, Palace Bar; Seward Elks Club; Pioneer Bar; Pioneer Liquor Store; Tony's Bar; and Tony's Liquor store. Clmn. Wall::er asked if there was a separate type of license where a restaurant is in- volved. Clmn. Zentmire replied no. Clmn. Jergens asked if the Council felt they should question Clmn. Robert Zentmire regardin;1 whether he wishes to vote on this matter. Clmn. Kulin said it was a matter he must decide before the vote; if he wishes to not vote he must say so beforehand. Clmn. Walker thought this would only have reference to his own license and a s far as the other licenses are concerned, they could be handled sep- arately from Clmn. Zentmire's. Clmn. Hodson asked if Clmn. Zentmire would like him to exclude the Harbor' Dinner Club application from the motion. Clmn. Jergens conmen~ted that the Council has come to an arrangement here where their good friend Mr. Zentmire is in a position of casting a vote on whether his competitor is going to get a license or not and this might cast reflection on the vote. Clmn. Zentmire said that he would like to request not to vote but first before the re- quest would like to state his opinions. He continued that in the first place he did not think one business should be excepted and another business not except~ to in tax collection matters. If they want to go ahead and put the other blsinesses on the same basi s he would think that is all right but he said he thought the Council .hould not pick out an individual business and piCk on it. He said he thought it was fine if the Council would decide to not recamnend a renewal but the City would be losing money aId tax aId everything else and if it is the idea of the Council to try to put some- thing out of business when the rest of the merchants are not pid::ed on in the same.way, he was not in favor. He said that if the Council is going to piCk on one business that is the business of the Council but he is not in favor of this aId this is his opinion and he n~ wishes not to vote. Myr. Petrovich said tha t he did not think Clmn. Zentmire's remarks reflected the in- tention of this Council. Clmn. Zentmire said that ~his is,just .. legal as any other business and it is the action of the Council and that i~ just about what we are doing here is saying you can't stay in busil'lBss if you don't Ply your taxes but you say if you are in the hardware or grocery busil'lBss that you Cl!l'l stay in business if you don't pay your tax. Myr. Petrovich replied that this was a requirement of the state Board. Clmn. Zentmire disagreed saying that the state was not a collection agency for City taxes ard that tle Council is implying that the State is going to collect these taxes or you cannot allow a liquor licensee to stay in business and that is for the business of the City. Clmn. Hodson pointed out to Clmn. Zentmire that when he took tle oath of the Council he stated that he would uphold. the ordinances of the City aoo the, opinions expressed are his personal opinions and are not relevant. Clmn. Zentmire said that the Con- stitution of the state says this. Clmn. Hodson disagreed. Clmn. Zentmire said this ordinance'was thr~n out in October of 1958 and there is a l~tter in City Hall say- ing that all ordinances regarding liquor prior to October 1958 are invalid. Clmn. Hodson disagreed. Clmn. Jergens asked if Clmn. Zentmire was sure the letter doesn't stipulate that any provisions not in agreexrent with this Law are invalid. Clmn. Zentmire said this was not the case. Clmn. Wall::er said she didn't think it was the desire or intent of the Council to pen- alize any industry and she' wi sled to call a ttent ion to this because .he is neither for nor against this mtter but she is willing to do what is required by law and as she is willirt;r to do this she would like to ~ote from the 1959 Senion laws, Chapter 197, Section 35-4-17, which states with regard to refund of license fees to cities that in the event of the failure of the officers of the ci ty to actively enforce all of the crdinances of the city, the laws. of the United States aId State .of Alaska and regulations relative to the liquor .industry that the Treasurer may deny said refund. Also the adopted requlat ions of the A.B.C. Board include an item to refuse a license if the licensee is delinquent in paying any state taxes arising from his liquor license so it seems in goirt;r by the law, which, it has been stated here tonight, 'previous Councils did not, it develops that some pe~le hold it is our intent to penalize and I do not think that is our intent at all. We are simply trying to do what is required by law and if we are derelict in our duty we may just get a letter saying that we were derelict and we will not be -:receiving any refunds. She concluded. that she tho~ht the Council could not risk that in the best interests of all the citizens and she thought r Special Meeting December 15, 1959 137 the Council should follow the law and that no one should think they are heing obstrep- erous in doing so. Myr. Petrovich concurred and reaffirmed that the Council's duty has been established. Clron. Zentmire questioned this. Clron. Walker said the question was raised should Clron. Zentmire enter into this dis- cussion. She continued that if he feels that he should be heard and the Council feels this way she is all for it. Myr. Petrovich asked if Clron. Zentmi re should be heard or should not be heard in connection with these ruMS. Clmn. Hodson thought yes but not to vote. Clron. Zentmire indicated that he had already indicated that he did not wish to vote on these renewals. Clum. Hodson - I withdraw my motion regarding the vote on tre sixteen applications. Clmn. Jergens - I move that we accept Clron. Zentmire's desire .to be excused from the voting. Seconded by Clron. Hafemeister. Unanimous vote in favar. Clmn. Hodson - I make a motion that we a~rove the sixteen applications far license as follows: 1. American Legion Club 2. Robert and Kathy Zentmire dba Harbor Dinner Club 3. J. B.; B. L.; ar R. J. stanton dba Seward Trading Co., Inc. 4. Hal or Claire Gilfilen dba .Gil's Lounge 5. J. H. Werner dba Yukon Liquor store 6. Sol J., Hilma J., Martin J. ,and Sidney M. Urie dba Solly's Lounge 7. Sol J., Hilma J., Martin J. and Sidney M. Urie dba Solly's Liquor store 8. JlllIeS Bogan dba Nugget Bar 9. Rudy and Selma Komrs dba Surf Bar 10. O. B. and Rosie Ei tel dba Flamingo Lounge 11. Rudy and Selma Komrs, and Glenn and Catherine SInnett dba Palace Bar 12. Seward Elks Club 13. George Massoz dba Pioneer Bar 14. Geo1'l;Te Massoz dba Pioneer Liquor Store 15. Tony Pariah Estate, Sam Romack, Executor, dha Tony's Bar 16. Tony Parish Estate, Sam Romack, Executor, dba Tony's Liquor store Seconded by Clmn. Hafemeister. Unanimous vote in favor. Myr. Petrovich Asked if Mr. Gus Serio of the Yukon Bar could explain the one item of assessment of taxes still awing. Mr. Serio explained it was an item of personal prop- erty taxes which he owes in the allOunt of $41.34 and the other item is that I will pay the sales tax if you want me to pay it but I will pay it under protest (see below far authority to delete) .A4-t~R-.j-'A.-ia~.Rej-wiR.-~~~~-5Wi'-ye~-wlll-A&ve-te_p8Y_Me ...... Myr. PetrOTich asked what this suit was for. Mr. Serio explained that it was a sui t to say all sales taxes were not applicable to the liquor industry. Clmn. Kulin said that he could see absolutely no connection between what Mr. Serio says and what the Council is doing here. He pointed out that Mr. Serio is collecting a tax and that his c-ustomers pay the sales tax and th!t that is an entirely separate issue. He con- tinued that the case may he. ve some bearing but that the Council has nothing to go on and he did not think the Council coold assume it has anything to do with the situation here. Myr. Petrovich a sked Mr. Serio if he wtls willing to pay this tax. Mr. Serio said he will pay (see below for authority to delete) MQt-k.-~11-..,...-t.-ha..-.,,-s.K IN.ek-U-tftey:-wb. Clron. Walker said that she didn't feel that she could vote in favor of that renewal with this attachment to it. She said the Council doesn't know what this case is and she didn't feel she could vote for a renewal with this attachment. She concluded that if the Council were ordered to rerund the money by a superior judi- cial body_ that they would have to do so but that she is not in favor of Mr. Serio's- arran::;-ement. . Clmn. Hodson asked if the Council could approve with a promise of a certified check by noon tomorrow. Clron. Walker agreed if he would remove that state- .ment. Clmn. Kulin said Mr. Serio was entitled to pay it under protest any time he wishes if tha t will serve th e purpose. Myr. Petrovich concurred. Clmn. Walker said this was all right so long as the license is not renewed on the basis that if the case islOn that then Mr. Serio would expect the City to refund his money. It was agreed at Mr. Serio's request to delete the statements that he would expect the City to re- turn sales tax money if the Baranof lost its case. He said this was not his real intent. Myr. Petrovich asked if Mr. Serio could meet the noon deadline and rplied probably not. He would like a 1i ttle more time. Clmn. Hodson said then that the Council would have to hold up the application until he decides to pay. Mr. Serio said that then the Council would lose the $1000.00. Clmn. W~ll::er pointed out that Mr. Serio was discuss- ing a situation of what would happen if he could not raise the money but that it is sales tax money that is under discussion and that money would be easily obtained as it belongs to the City and he should have set it aside until the courts decided what the case was. Clron. Hafemeister concurred that these lIOnies should be held in trust. Mr. Serio remarked that this was a gocxi point from the view of the Council 48 they believed in the tax hit he didn't and had not collected it. Myr. Petrovich pointed out that this is in violation of the sales tax ordinance aId that othtr people in tom are abiding by it. ,There was further discussion of wnel Mr. Serio could pay tht monies and no so- lut ion. Mr. Serio said that he could not cC)1118 up with that much money by 3 :00 p.m. to- morrow l:ut that he would pay two months at a time until this thing is settled and if the Baranof loses it s case he would cont inue to pay until current. . 138 Special ;Ieetinc December 15, ; 1959 I- - ..... ,... ,. Clmn. Hcxison _ I mov e that we table this applicati on until Mr. Serio dba Yukon Bar comes up with a solution more satisfactory. Clron. Hafemeil5ter - I second. Unanimous vote in favor. :J;; =- Myrl. Petrovich asked for consideration of the renewal of Werner's MarlEt Liquor store license. Clron. Jergens remarked that if the items that are III rtinent cce a matter of record in the minutes which are turned aver to the A.B.C. Board, I suppose that they are the ones to rule on the .legali ty of the thirg and we should send a copy of the min- utes to the Baud as t hey request. Clmn. Hooson agreed and with an outline of the exceptions from the ordinances. Myr. Petravich said that he was supposed to sign this application and asked what were the wishes of the Counoil regar.dinq his signing this . .1 ,j .'renewal. Clton. Hodson pointed out that there are exceptions g other people ard asked . if the Mayor could append those exceptions to the applications. !twas asked if there were exceptions from the City Council. Clmn. Hooson asked if there wasn't a written letter of protest. Myr. Petrovich said yes there is one l.tter of protest to the City Council. He asked if the Council felt that the one letter of protest that the Council has received should accompany this renewal to the A.B.C. Board. This letter from Mr. Sol Urie dated Decellber 3, 1959 wi th copy of the letter to the Board of same date was read to the Council by Myr. Petravich. Clron. HOO.son remarked that under the provisions of Section 35-4-22, Paragraph H, any action relating t.o the administrative duties of this act shall be subject ,to reTiew by the Board at the ill8tance of any aggrieved puty. lITe suggested that the Coundil should perhaps forward this case to the Board uooer this provision. Clron. Hafemeister pointed out that the Council is .-ftO't;.. the aggrieved p!l.rty.j, .f i Mr. Urie said that on October 24th or thereabouts he wrote asking for a hearing by the A.B.C. Board and he still hasn't heard from them and he has written to find out why he hasn't heard and he feels that there certainly is a complaint an:i he said that. so far as he is concerned the awlieation couldl:e renewed aoo then in February or Mar-eh if there is an action it could all come up again. He said that he thought the Council has been lax and has approved this license over the years and that it can be seen ,that the Board goes on the actions of the Council. Clmn. Walker commented that in all fairness to Mr. Urie she supposed he expect.s some ,,"sort of anRouneen\ent from the Council, more than he has received. She said it is a difficul t probl em. Mr. Werner did have a 1 ieense a nd in ~thori.irg a transfer the Council did not authorize a license b1t just authorized a transfer and the Council had no knowledge of whether it is a license legally or illegally. The minutes will bear out, she continued, that we were advised tha tit was a legal license and this is a sort of an answer to his question about authorizing a trall8fer from noplace to someplace. Myr. Petrovich said that he believed the fault goes back to the Tery beqinning in. that it has been carried through each year and now the Council 18 faced with the creation of the thing that has been passed along eaeh year. He felt that it definitely requires a high echelon opinion and is beyon:i our ability. CImn. Xulin commented that he happ- ened to notice that on the agenda for the regular meeting of October 19, 1959 Mr. Copeland had an application for a transfer arrl we all came to the meeting expecting ,c,"->to take up this mattert.and when Hr. Werner's transfer was handled it was not even on .,'. the agenda. No one knew anything about it. He continued tblt he did not k;now if there is anything wrong with it but pointed out that it doesn't look: good. Normally when a public action is in question it is a matter for a public heari-rg and .in this p!l.rticular case he said that 1'8 thought that the Council itself erred as did some others possibly but as to tlwt answer to the problem he did not really know. Mr. Werner aaid tblt he krew of no such possibility as Clmn. Kulin speaks of. He pointed out the conlllBnt through the years to movin;r and trall8fers of this nature. He said that if the case meets the qualifications of the law then tlwt A.B.C. Board puses on it and it can be p!l.ssed on aqain here. Clmn. Kulin opened a discussion of the awarentprac- tice in other towns, Anchorage particularly, of holding ptblic heariIY;11!l on all sorh of matters dealing w.th liquor licenses. Mr. Werner felt these hearin;rs were limited to cer- tain problem areas. and restricted areas and there was no meeting of the minds on the si tuatioJ uation. Mr. Werrer reviewed again for the Council that it was about the middle or first part of October when he receiYed aoopy of the new l/Jlf an:i when he discovered the provision in the new law that said he had to open the store sane portion of the day for at least ,,' thirty days a year an:i that when be _de the arra11;1ements fiTe years ago and applied i'l to the Planning and Zoning Commission to have that area be a business area it had never ~ ., been done \!IO he got a deposition f rom each merN:ler of the Plannirg and Zoning Commis sion at that time and found that that had actually been done. He said that he didn't k:naor if the maps show it today but he can shor that the action was taken approximateily five years ago. Mr. Urie said that he would still like to know hor you can transfer from noplace to someplace. He continued that when a person applied for: a licell8e he must pinpoint the location of the license and then go before a notary public aid swear where the license is an:i then if he wants to transfer, he transfers fran that point to someplace. If this is not an established bushes, how can it be transferred? r Special Meeting December 15, 1959 l~q Clmn. Kulin asked if these problems had been presented to the Ci ty Attorney so far as the Council's standin;, is concerned and for clarification. Myr. Petrovich replied that they had not. Continuing he said that as mentioned before this matter was received at very short notice and if .the Council had had time it would have secured a legal opin- ion and he thought the Council had been just follC1lling on past action and a.ssurned it was a legal moore because trey assumed Mr. Werner wouldn't be in possession of a license illegally. Clron. Jergens said as he recalled their decil!lion was blsed on a move from one lot to another. Clmn. 1l1a1k:er recalled the moore was from Lot 402 on Third Avenue to Lot 412 on Third Avenue. Clmn. Jergens concurred that a particular place of busi- ness had been given to them. C1ron. Hooson said that there is nothin;, in the Seward ordinances about the transfer of a liquor license so he would suggest the Council refer to Section 35-4-22, Paragraph H and refer to the grievance brought before the eouncil and refer it to the Board. Myr. Petrovich asked Mr. Urie if he thought he was theagqrieved party here. Mr. Uris replied that he is not the aggrieved Jlirty. He said he figured the law is being broken every day and there is a'Violation goin;, on every day. Clmn.Kulin said that he would like to make it very clear that he is not for or against but that he has had a few people question him on what the Council's actions or opinions were in allaoring this transfer and was it legal, and if I p!rsonally can say it was legal. Rev. Ted Townsend asked if p!rhaps this matter could be mferelid to the City Attorney for an opinion. Clron. Walker said that it doe s seem that it was a question of whether tre licenl9S was obtained legally and whether he had a valid license. She qontinued that it seemed at tl'e time of the request for transfer that he had a legal license and she did not think that the Council could say whether it was obtained legally or illegally. If he had no business at this 400 Third Avenue it does seem that it is a legal question. Clron. Hodson said that time 'is of the essence here and even if you get an attorney's opinion you still have to forward it to the Board. Mr. Urie conmented that if the Council sends all JIlpeu in and writes it up for the Board aId it comes _ok approved, what is the feelin;, of the Council aId the feeling of an individual or the feeling of a lot of other people? Would the Council just say "that they approved it, we didn't, and just wash their hands of it? Mr. Werner rema-r1::ed that about two months ago he was approached by two investigators from the A. B; C. Board sayill1 that they had received a colli>laint and trey were here to investigate the licenses for the Yukon Liquor store and the Werner's Market Liquor store. They went into it on details and they took out a copy of the law which was effective in May, 1959, and they told me that under the law as it states today that if, I operate tle store in any thirty day p!'riad, and tl'e thirty days I have chosen are from the fiut of Decemer through the thirtieth of December, tla t my liquor li- cense would be as legal as any ones under tle 150.' that you have on the table today. Myr. Petroorich asked what about the license before the transfer? Mr. Gallway asked if a liquor licensee files a return on a busill!lss license jUlSt as any other business and if Mr. Werner cou1 d sho.r such a return would it not establish his posi tion. Mr. Urie said trat liquor licensees are exempt from this requirement. Mr. Galloway continued that his question is that if they did file this the Board would know that he hasn't sold a ny liquor a 11 these years and Mr. Urie should take his gri evance to them. He cited a case in Anchorage where a court proved that cit ies cannot refuse any liquor license. Clmn. Walker commented trat should tl'e renewal not be approved by the Council that the Council is not stating further whether or not the Liquor Board will "renew the license. She continued that they may well issue the license whether or not the Council approves it an:! that the Council merely gives thei r sanction to it. Myr. Petrovich agreed that this is true. He said tha t in the }:8 st it has just been sanctioning of a license renewal but now we have another liquor stor e on the scene. Clron. Hodson said the Council could say to the Board this is forwarded without any obligations due the City and all current bills are }:Sid but under this Paragraph H , there is an aggrieved. party here aIdwedon t know heM to resolve it. Myr. Petrovich asked if this net with the approval of the Council. C:lmn. Jergens said yes. Clron. Kulin a s1::ed if the Board had a copy of that original letter read. Myr. Petrovich replied the letter was a ddressed to the Board with copy to. the Council. Clron. Hodson - I moore in connection with Werner's Market Liquor store be forwarded to the Board under the provisions of Section 35-4-22, Paragraph H, inasmuch as we have an aggrieved party. All bills a re current. Mt.. ,Werner sailihe:did believe that ei ther t l'e Council I!Ihould approve it or di sapprove it for this-reason. If it is not clearly stated that the liceNle has your approval aId if tl'e license is later issued by tre A.B.C. Board you do not get the $600.00 so you have to make up your mind one way or another. There wal!l a general simultaneous objection from the Council to the matter of license refunds beill1 repeatedly pushed at the Council when they are tryin;, to arrive at the r ..- 140 Special Meetinp December 15, 1959 ~ :0 ~ ';> :... right and correct course of action for all parties concerned, but recognizing also that the Council did not wish to lose any such money due the citi zens. There was considerable discussion on the working of a motion. Clmn. H"dson withdrew his moti on. Dlmn. Hodson - I more in connection with the lt1'erner's Market Liquor store application, that we approve and forward the application to the Board subject to, the provisions of Section 35-4-22, Paragraph H inasmuch as we have an aggrieved party. All ci ty bills a re cur rent. Clmn. Kulin said that it boils down that the Council is approvin;r it but pleasuefer to that section - it still means that we are approving it. Clmn. Hodson said tlat they would be protecting the $600.00. Clmn. Kulin continued, suppose \\'e sit here as a body trying to do the best we can for the City of Seward and one party comes along and ,says we don't have authority to do this, the state las this authority. And on the other side an aggrieved pirty comes along and says we have authority and we throw it right hick to the state. One gentleman says we have no authority to grant or not to grant and then they ask us for approval and tell us it doesn't mean anything. Mr. Urie said that it seems .very time license matters come up the matter of money comes up and he thinks this is the whole }2"oblem. Clmn. Hodson's motion was secorded ~Clmn. Jergens. Clmn. Jergens remarked that it appears to him that this discussion is all a matte,r of record and if these experts in the alcoholic control field cklwn there go over this then their decision is going to have to be based on it. He continued that he didn't think a license can be given one day and taken away another day. If there have been irregularities in the giving of it there should be an investigation and he believes this' will undoubtedly occur as a result of these minutes, he concluded. Roll call on Clmn. Hodson's motion - unanimous yes. Myr. Petrovich pointed out that that takes care of all the applications with the exception of Mr. Gus Serio of Yukon Bar which has been tabled temporarily. He asked for any further questions from the table with regard to the liquor license renewals. There were none. Myr. Petrovich called a ten minute recess fram 10:20 p.m. to 10:30 p.m. The next item of business was consideration of purchase of 1959 Sassi'on La..is at a cost of $18.00 each. It was agreed that the cost seems very hiqh but that the Police Dept. needs a copy as does the Council. Clmn. Hodson - I move Hat we purchase two co'pies of the 1959 Session laws total cost $36.00. Clmn. Jergens - I secord. All voted yes. Myr. Petrovich read fram correspondence that one tire and one tube had been used from the Goodyear tire shipment and payment to Gus Johnson for these items was in order per Council aqreement Decemer 7, 1959. Clmn. Jerqens - I move we pay Gus Johnson $38,.71 for one tire an:!. 'one tube. Seconded by Cllm. Zentmhe. Unanimously in favor. A p~posed resolution was read to appoint members to the Borough Fact Finding Commission. Followin;r the meeting of November 23rd several persons were contacted to ascertain if they were interested. It then developed that the Boundaries Commission might expect information from Seward almost immediately and to be prepared Myr. Petrovich had ap- pointed the persons contacted as members of the Commission wi th Mrs. Pat WillialllS as Chairman. Recent information from the Boundaries Commission gives sometime during the first two weeks in January as the date for a hearing in Seward. With this very short time to gather the needed information, it was the consensus of opinion to not pass on the resolution offered but rather to ask Mrs. Williams to Chairman the appointments already made and give her authority to draw on any assistance she may wish. Those named are Russel.Painter, George Fabricious, E. C. Casey, J. W. Jeffrey, Dave Carlson, Irvin Tressler, Ray James, Gus Johnson, Reggie Travers, Ray Billena, Bob Baumgartner, Bill Irwin and Irvin Metcalf with Mrs. Williams Chairman. She said she was willinq to do this and spoke with the Council of the meetings attended so far. Myr. Petrovich expressed his appreciation of her acceptance and commented he felt the community fortu- nate to have one of her ability and special knowledge of the areas needs an:!. problems willing to be of assistance. Proposed resolution No. 142 regarding naming of election judges for the January 5th, 1960 election was read with choices of wording. Clmn. Kulin spoke in favor of using only the words adopt or reject and keep it as simple as possible at the polls. It was further agreed to use the words proposed cMrter and make no mention of review by the Council. Clmn. Hodson - !"move that we suspend the rules in order to consider the adoption of Resolution No. 142 as follows: Seconded Clmn. Hafemeister.All in f~vor. REsJLUTION NO. 142 BE IT R.FS:lLVED by the ComrrM:>n Council of the City of Seward, Alaska, that the followirg named persons are hereby appointed am shall act as Jlrlqes, Clerks and as Inspector of r Spec~a1 r~ettng Dece~ber 15, 1959 Speclal Heetlng Decemoer 16, 1959 ~ ,1"i ;~ " of Election at the Special Municipal Election on January 5, 1960. Said Special Muni- cipal Election to be held for the purpose of voting to adopt or reject the proposed Home Rule Charter for the City of Seward: PROPOSITION Shall the City of Seward, Alaska, adopt the proposed Home Rule Charter? Y~ . . . NO ..... . . . (3 ) Father Hugh F. Hall. Mildred Kirkpatrick (Inspect or ) (See Separate Motion for Nami ng ) JUDG ES: WHIM Li nrl CLERKS (2 ) F:ri.. My.. r.. ~mm. T.~n ~.mArnn Clmn. Kulin - I move that we adopt Resolution No. 142. Seconded by Clmn. Iiafemeister. Unanimously in favor. Clmn. Hodson - I move that we aR>oirq the election judges and clerks as follows: ' Father Hugh F. Hall, Judge Inspector; Mildred Kirkpatricl::, Jud;Je: Wilma Lind, Judge; Ecla Myers, Clerk: Euuna Jean Cameron, Clerk. Clmn. Jergens seconded. \bte unanimous in favor. MT. Henne.sy's letter requesting a trade of a winoh the City has for sale in return for a pump which he'let the oity have some months ago and has not billed fer was read along with Mr. Liebelt's statement of the ci rCUIDl!ltances of the ci ty ha virq pos- &easion of the pump. It was discussed that this item had been up for bid once before and no bid received and the value of the two pieces in Mr. Liebelt's statement was within $5.00 and the City had had the pump. The Council was in agreement that this was not the way to secure equipment but in this case the actirq City Manager was in - struct,ed to make a trade with Mr. Hennessy. A letter of reference regarding one of the applicants for City Manager was read and the aR>licatioIlllr8Tiewed. It was agreed that rapid action was desirable but not to the extent of getting the wrong person with no reflection on the earlyaR>licanh. There was discussion of the wage situation in that the appfication most favored was receiTing $9200. now and would recehe $9800. January lst. It was agreed to continue investigations and also to' write to the most favorable applicant and secure more in- formation from him as well as arrange for an interview. There was discussion of a professional check and while everyone favored the idea, it appeared the same items had been covered by the independent survey. It was agreed the City Manager should send a night, letter to the secretary of Kansas Municipalities for information. Myr. Petrovich reported that the City had receh'ed a request from the Fire Department for the use of the um building on New Year's Eve. All in favor of granting perinission. The Police Department has given a complaint of lacl:: of heat in the jail. It was decided this wascdninistrathe. Clron. Hodson - I move that we ad1 ourn. _ by Cl_. Ze~All ln~Yor 12,,,.. A _."d'~ ~ lex etrov i , Mayor ATl'mT: &..Jv~ ;r: -/./)d~ Beatriqe E. Watts, City Clerk: Special Meeting D_ember 16, 1959 A special meeting of the Seward Ci ty Council was called to order by Mayor Alex Petrovich at 8 ;25 p.m., December 16, 1959. Present were: Mayor Alex Petrovich, Councilnan Hans Hafemeister, Erma Welker, Elton Jergens, Neville Hodson. Absent were: Councilmen Rupert Kulin and Robert Zentmire. Guests present were Mr. Charles Tryck, Er\qineer, and Mr. John Nicols of CamnUli ty 'Facilities Act! vities llS well llS members of the Utility Board, Planning and Zoning Board and Health COI\IlIission. Myr. Petrovich welcomed the 'Yarious Boards to the meetinq and introduced the two que.te. Myr. Petrovich requested Mr. Tryck's report. He said that ae most of those r= 142 Special }~etiTIf, December;16, 195~ '... ~ ... '" );;.. ::-. present knew he had been here recently and discussed the problems of both water supply and the matter of bad water san:ples taken from the system. He said he was to pre- pare a written proposal ard serd it down; however, there was a considerable question in the minds of the Utility Board members regardirq financing and he had sugJested conferences with REA people as they have means to advance money to municipalities for wha t is termed advance plannirq. Those funds are advanced interest free until the tine of construction. As we proceeded further, he said, we found that the same agency had funds available for construction work in municipalities whic~,they could loan on security for a maximum of say 40 years thouGh usually, 30 years i?the time loan period. The interest base is on 30 years with 5 year:"periods up or dcwn with 1/8"/0 of 1"/0 added or reduced. He continued that subsequent to the preliridnary di scussion with Mr. Nicoh he met with Mr. Emert of their San Francisco office and he felt there was a good chance that the City of Seward could obtain certain funds from their agency. Follow- ing this he wrote to Seward suggesting that it might be well for he and Mr. Nicols to come to Seward for joint conference with all the City officials involved so that the City could express their problems ard Mr. Nicols can explain the mechanics of their program so that you would be cognizant of the steps to be followed to obtain funds for your purposes. This, he concluded, is the principal reason for their coming. Myr. Petrovich thanked Mr. Tryck, advised that it has come to the attention of the City Utili ty Board and Council that the Water Depa:dment is in very desperate financial straits and he would like to call upon Chairman Trevethan for a report on it. He said it is about agreed by all that the City must do sanething about chlorination and pres- sure valves and the Council has blMlore it a request to increase water rates by about fifty per cent. Mr. Trevethan reported as follows: I have been on the Board for several years ahd under the City Manager form of government I will have to admit that myself and the Board too have possibly been a little lax in watching our finances and'when we were advised that we were goirq along in pretty good financ ial state we have taken their word Ua t we were in goOO financial cordi tion and now that the controller is gone and I have dug into the books on my own, I find that we are not makirq it in the Water Department. I realize that wherever we borrO'., it must be paid back and I be- lieve the first thing we have to do is get our affairs in order. We will bmnediately have to lave a rate increase. I doubt very much if Mr. Nicols would want to give us very much without our shewing,where it is coming from and at the- present time we are falling behind to the tune of $300. or $400. per month. Our controller said we were coming alorg all right; however, we have known for years tlat we were not getting our bond coverage up and a few years ago an engineer recolllllended a rate increase rr forty per cent but people complained so we have' been slow about get1l:irq an increase. But on looking over the boob! myself, I know we have to have an increase of at least forty or fit ty per cent inmediately. We have these figures - 1958 gross revenue was $58297.15 and the gross for the first eleven months of 1959" is $53840.75 and esti- mating December at $5000. we can estimate a gross for 1959 at $59000. so it appears we are not growing or dropping back. With a monthly average income of $4894. ,...ld labor costs of $1760. and bonding expen8e of 12800., $394. is left to cover other expenses and our office and administrative cost has been billed us at $700. per month and now recently 1100. to $600. per month. So we are falling behind $300. or $400. per month and we are very far behind in our bond coverage. 1,le have less than one per cent bond coverage. I ccan't see any point in talkirq about financirq unless we find somethirg like a Santa Claus until we get our finances in order. We have tried to cut on labor ard we find that one man cannot do it alone on frozen mains, etc.. We I-e.ve thought of cheaper help but: that is not good economy. We have done some capital improveIl8nts won: thh 8UIlIUer and I believe it is almost a necessity to go from manual to electrical operation of the pumps and this will cost $3000. to $4000. Fire protection and the need for pessure on the hifl for the hospitals requires these pressure valves. Unless sOIl8one else can come up with sonething, I can only see that we have to raise our rates. We can't cut enouqhcexpenses to make the difference. We could fire our g obd help and get cheaper help but wi th our technical problems and the ha rd work we I-e. ve I do not recommem it. Myr. Petrovich said that no doubt a rate increase was needed and asked if the figures were available on the amount of debt the Water Department crdes right new. It was shown tI-e. t $10000. plus $1400. was needed for bond payments next May. It was shown that the $2800. per month should cover this cost but Mr. Trevethan said at the tia of the last payment this fall, they had had quite a time meeting the payment. There was a discussion of wheUer the cI-e.rge to the Water Departnent for office help was a reasistic figure. Mr. Trevethan said when the water was helping with overhead at the log cabin total cosh were about tJie saa at $500 to $600. He spoke of a metering system as a source of revenue but did not recommerid it for our cold weather! Clmn. Jergens questioned the beqinnirq rates and asked about pclst increases. Mr.'Treve- than said when the City purcI-e.sed the system they had to do sone n_ inatallations and water waS raised from $2.50 to $5.00 per month per domestic consumer, this, of course, being the present charge. There was no information at the table of how this compares with dther Alaska communities. Mr. Nichols then asked a nullber of questions about the rate scale for his records. He then also was given the data on the present bonding program including the information that the bond payments were not in default but that the 1.5 coverage was not being 'maintained; also that the bonding comp!lnies had recom- r Special Meetinf December 16, 1959 143 merried an increase a few years ago but public opinion had stalled it. The meohanios of making the bond payments, the amount of interest. The governmental authorization of the Utility Department was disoussed and cited along with the adndnistrative lia- son provided by the City Manager. The upcoming election on the proposed City Charter was mentioned, and that it provides for only one elected body, all others being ap- pointed by the Council. The discussion then went to the schedule of bond payments and in examining it he ven- tured the opinion that it had been arranged with continuing population growth in mind and, cr course, to maintain the 1.5 coverage. These things had not come to pass and the Water Department was in trouble and would continue to get deeper into trouble. Mr. Nicols indicated that Seward had two problems in the Water Department _ the finan- cial problem from what he ha s been t old and al so a sanitary problem in t hat some water has been taken from the system thit is not potable. He asked if the local health man could give mare informatio~ on this. Myr. Petrovich asked Mrs. Ferguson to advise the group. She said thato!amples she had submitted since July of 1959 many have come back .indicating contamination- not all of them. The degree of contamination is known to the Alaska Department of Health ard Sanitation and could be secured from them. The information forwarded her regarding every sample is that the supply h unfit for drinking. To Mr. Nicols question she said that Dr. Wicks of the Department of Health had written to the City Council strongly recommending clorination. Mr. Nicols also questioned Mr. Tryck as to his understandinq if chlorination would satisfy the pres- ent requirmenents of the Department of Health. He said yes. In response to Myr. Petrovich's request to speak frankly to the group, Mr. Nicols said the City does have some financial problems and it looks like it is just going to get warse instead of better and you are at a very unfavorable time as far as bonds are concerned to 00 anythinq about refinancing to stretoh them out. It actu- ally hasn't gone too far.. You have gone five years - six year next May and that becomes expensive to do anything like that. It is best to keep away from it as long a s you can. The Federal Government, Mr. Nicols continued, does have a program which is called the Community Facilities Loan Program wherein on any construction they will actually bid on revenue or general obligation bonds ard they will take those bonds if they are the low bidder. All they are doing is protecting cities against exhorbitant inter- . est rates. Through your revenue bonds probably your agreement is that the entire Water System ilS encumbered but that is revenue and that is one thing you will want to look into with your attorney very carefully, as to actually what your bond con- tract is and also your indenture. That would say what is covered by the mortgage, whether it was what was constructed with the $400-000. or whether anythinq added to the Sye tem would be en cumbered. There walS a discussion of methods of long term financing for private uses as compared with this municipal program of bonding and Mr. Nicols said that the thing he was try- ing to point out was that this bonding program goes over a very long period of time and the bond requirements take care of interest and bond retirement with no way of keeping up the System which appears now to be in need of replacemant and this program goes into the years of 1980. He mentioned that he had been seeking information and not carrying any point to conclus ion. He did need UlIl infarma tion that the program runs into 1980. Dr. Deisher asked if Mr. Nicols could give some infonnation of what is needed on the Syetem and he replied he did not have this information, that per~R. he had misunder- stood the purpose of the neeting but he thought it was for the purpose of determing a financial situation. Dr. Deisher said it is not known what is required. Mr. Nicols continued that what he was trying to get at is how the City is going to preserve the life of that project. It was brought out that except for a few small areas transite pipe is installed as of five years ago and Mr. Tryck estimated its life expectancy was perhaps the same here as elsewhere - possibly fifty yeau. He asked if there had been any trouble with it and the answer was no except: a recent break at Forest Acres where the pipe had been installed by the Army during the War. Mr. Nicols asked if Seward had a silt problem. Myr. Petrovich said the City had gone to some* rouble to avoid silt by using the deep wells when the other two sources are dirty and we al so have storage and filtering tanks but he said when the run-off is heavy the water is dirty for a time until it can be swit ched to the deep wells. Mr. Nicols asked if the wish was to get into the planning of this right away _ that is the physical problem of clorinating the water as soon a s possible? He continued that he was a sking this because of the two programs available. Public Works planning whioh is something that can be processed pretty fast - the funds can be a dvanced to you for planning. There will be lSome control over the contract because bf the payment 1idch would have to go in at the time the advance could be made. I assume, he contin- ued" that Mr. Tryck has already been hired for engineer. Preliminary planning could be started quickly and you could get an advance. However, if you also want to get into .financing your public improvements, it would be bttter not to go in for a public works planning probably but have it all under one. The reason being that as quickly r~ 144 Special Heeting December; 16, 195'7 .~ as you get into a construction contract you have to pay back the planning one. There is no interest on planning. You can have your money on the Public Facilities Loan Pro- ject. It would call for election and time. You would have to have some arrangement wi th your engineer probably to prepare something so the people would know what you are planning and how it would affect them. The revenue may be tied up here for the retirement of bonds and interest and I presume it is and that would leave us just gen- eral obligation bonds. - ..."'v '"'" ... ;;:;;.. :.. Mr. Tryck asked if the City would be in a position to issue a revenue bond providing their system was profiting - it was paying its own way and able to pay? Mr. Nicols replied that he didn't know how much the general outstanding oblLqation bonds were. The armory and school and aew,r _ _ were mentioned. An approximate figure of $166000. was given not knowing if the payments for this year had been deducted or not. It was mentioned that tobacco tax contributes to payment on school and armory. Mr. Nicols continued that he tho1J;1ht this was something that they would want to get into within a years time. They would want to get ihto planning and to set .up a bond election. He asked Mr. Tryck how long it might take for preliminary plans. Mr. Tryck said it has tom qualified as to what is being considered - whether it is to improve the immediate problem of diorination or whether it is to go on and try to develop a program for improving the supply s,ources. As he understood it, he said, the downtown distribution portion is ok except for a few block of wooden mains and the chief probO.- lem is the supply which includes the chlorination. There are a number of things which we feel should be lecommended and studied if the City is going to get into this type of program - which type of source is most advantageous? which supply is used in the winter? and which supply is used in the summertime? and the wells .for emergency? As I see it there are all these different arrangements. There was discussion of the condition of the system at its sources and a detailed discussion of the lines in an attempt to clarify for Mr. Nicols that there is no place where one chlorinating plant can serve all the system at all times of the year. Mr~ Nicols said that it would appear that the first thing to get into would 1:be a preliminary engineering. Mr. Tryck said that from their position as engineers for the City they couldn't since rely and hone stly tell the City how they f eel it should go ahead on improv eant s on the Water System because so many factors could enter into it. He discussed these problems in connection with the chlorination program and said he thought the City should have some study to knO\01 wlat is the best way to spend its money. Myr. Petrovich described the original hydro electric system far the city from Lowell Creek and discussed its possi- bilities as a water source and Mr. Tryck agreed that one source would be a great econ- omy. There was a discussion of whether Lowell Creek would giye enouqhrwater to avoid freezing and it was mentioned that freezing had occured before but the pipes were laid on the ground and the freezing had been in the pipes. It was felt there was enough-water for year around supply. Dr. Deisher commented that this is quite a problem at certain times of the year - referring to the previous discussion of settling dirty water - and continued that he thought arrangements would have to be nade for settling and his thought was it would be a very good idea to go up the mountain and do a good survey and see if we can have a one-source water supply. There was a flood control survey nade by the Federal Government, he cont inued, when the work was done up there and t he Chamber of Commerce has asked for a resurvey and the possibility of a retenti.on type dam has at least been discussed. If we wanted to use it as a water supply this might provide us with an even more steady water supply. Mr. Tryck establishErl Ue t the dam mentioned is the one now diverting Lowell Creek. Mrs. Williams said she and others had a question about chlorination in that she thought it was supposed to treat human bacteria aOO not dirt and rocks and the question is that if chlorine is introduced at the source where the water is already clean as we believe it is, wouldn't you have to put in a great deal of chlorine to treat the bad water in the particular part of town where it is bad. She asked if it wuld be possible to put in enough to treat the water down t here. She aslced if public health officials 1'llways recommended trer'ting water if it is pure to begin with. Hr. Tryck replied yes, that most public water systems are treated to meet the public health requirements. The water like you have -in your system is acceptable. The treatment required in its simplest form is chlorination and this is done at the source. This is for two reasons - that the samples are the only indicaUve of the 5 ituation at the time of taking the sample and chlorination at the source is to protect an open source and the .nd rea- son is to catch these areas you mention. l".r. Nicols mentioned that there is one thing more to consider - that tle rat io of chlorine to be used is di rect1y proportional to the turbidity of the water. Mr. Tryck concltrled that water varies in its chlorine demands and this is checked at the source. Dr. Deisher cOlllllented on the fact that some samples from the system show cont_nation and others do not and suggested the old wooden mains might harbor bacteria colonies. He said that what we want is water that is potable and it is nice if it tastes good and siroethe City is broke and what he would like is to have sanething done soon so that the people can drink this water while a really fine water system is secured. He asked how much of the wooden pipe can be replaced in a years time and Mr. Trevethan replied that 1000 feet was replaced last summer at Jesse Lee Home and the Utility Boa rd feels it must remove that 700 feet down below as it is econanically unsound as r" I I ~pec~J-J.1 ! '"ept ~.f1 ('P :r;f"ceJ'1:C~:r 16" l? 5<; I?-5 well as probably unsanitary. It was agreed that in the summer of 1961 the city would probably have a complete transite pipe system. Dr. Deisher wondered if this would give a reasonably safe system and look into a system of chlorination for three or four years away, if necessary, due to the t irre it takes to get loans and surveys and preliminary reports. He wordered how much it would cost to get rid of the wooden pipes, probably not nearly so much a s chlorination he thought, and then look at the long ranqe plan. He tho\l;1ht it would be necessary to convince the people over a period of time regarding chlorination. Myr. Petrovich thanked Dr. Deisher for his thoughts regarding immediate action. He then asked Mr. Stan Niegemann, Chairman of the Planning and Zon- ing Commission if it had made a comprehensive plan for the community. Mr. J:iegemann said the Commission had not studied to the extent of use of the water facilities in their report. Myr. Petrovich said he was referring to distribution of population and plannirg for the communi ty and Mr. Niegemann said they red developed such a plan. Mr. Nicols - You see your 701 type case is different and carnes out of the sarre office and does not come into the physical plan but your public works gets into the physical plannirg and getting money for financing and bonding for construction. There are two different planning programs. 701 is a comprehensive. plannirg program which is turned over to the states in most cases - in A laska, Alaska Housirg Authority does it. You do have a comprehensive plan and look to it in developing your long range planning.. You don't go out and do something in project planning that puts a barrier in your way in your main plan. Now the Doctor has made many good points. This project plan- ning and your comprehensive planning is planning arrangements of this type for the ci ties and there is a workable program tl-a t carries along: but as we get into that we can see it. But the main thing to see is there are two different plans and the chief thing is to look at your comprehensive plan when you start your project plan and see that you are not putting blocl:s on tl-e comprehenl!live. Myr. Petrovich said this is what he wanted to bring out and further brirg out that you can't plan anything for this area with two or three buildin:rs on the same block and with water and sewer one on top of the other and if we have to correct this sit- uation where are we goirg to alleviate this crowded alley. Mr. Nicols asked what area this was and the location was described. Dr. Deisher pointed out that no thor- ough stu!iy had ever been completed to establish if it was a source of contamination. He asked if these reports could re sent by the Department of Health to Mrs. Fergul!lon so she could locate them on a map and it could redetermined if something immediate could be done about the contamination in acHi tionto the long range planning. Mr. Tryck said he thought the suggestion to replace the wooden mains in the dcwntown area is excellent and should be accomplished as soon as possible. He said he didn't think this would take over charging the water supply beirg chlorinated whether we like the taste or not. The Department of Health has indicated tha t all public water supplie s in Ale. ska are going to have to be chlorinated. Clron. Hafemeister said. he thought it was the oonsensus of opinion that if all outdated sewer lines were replaced that we wouldn't need chlorination regardless of wret the realth department says. Mr. Tryck said that may well be that he is just passing on the Health requirerrents as_they were passed to him. Mr. Nicols said that one thirg which must be .watcred for is certain industries which come under the public heal th service such as the shrimp industry. The U. S. Public Heal th Service can shut these down at any time. You should a lways think: of whether the economy of the community is going to be effected. There was discussion of action taken by the shrimp plant or plants privately to meet the requirerrent s. Myr. Petro- vich asked if satisfactory water supply might have a bearing on whether ships go to Anchorage or come to Seward at the closing of Whittier. Mr. Nicols did not know. Mr. Niegemann pointed out that Standard Oil tankers are not allowed to take water for drinl:;irg by Seward but only fo r steam boilers and it was mentioned that standard Oil is extremely health conscious but that other industries are becomirg more and more so and consider all these things in the ir develoJEent plans. Mr. Nicols said that the people should realize that the Federal representatives cannot go out and sell these programs they have but have to wait for sorreone to com! and ask for these benefits and this is a matter of budget. He elaborated that U. S. Health Service has regulatory powers over processirg of anythirg which comes into the body which can affect health. U. S. Health minimwn standards are not enforced unless the product becomes involved with interl!ltate commerce. Mr..Nicols said it was brought up that it might be a couple of years before the City could get into the construction of the physical plant. He continued that the thing to resolve in the conmunity, and it is a conrnunity problem, and the .Council represent~ the community, is whetrer you want to go to the Federal Government to get funds to carryon preliminary planning for water treatment or not. You will have to decide this yourselves. He said, I wi 11 leave you some instruct ions am ap plicati ons tha t you can look over and find out from them something to help you make up your minds. At this tilll! if there are two years before you would qat into construction the best thing would be to get into planning but if you are going to build sorrethirg within the year the best thing is to not have somethirg that you are goirg to have to pay back right away and have this all covered in your election and program. Interest on general. ob- ligation bonds is usually less than revenue bonds he said. r 146 Special Meetinr December 16, 195Y ~ ~ ,.... ,.. There was a great deal of detailed discussion about rating procedures and. water usage by industries, how to conserve wat&r locally, that subsidizing industries through reduced utility rates is not generally favored preferring tax preferentials if it is desired to encourage industry, but that the benefits of increased industry must not be overlooked, discussion of the lack of water at the hospi tals and horres on the hill at times, the fact that a larger volume of water seemed required or more pressure to assist the volume, the fact that automatic valves would assist in the pressure prob- lems but that here again controls w-ill have to be installed on all three sources at three Urres the cost of a one source system, the suggestion that the City should think of the Water System as a business venture and sell as much water as it can, that an equi table rate increase must consider the established old businesses as well as the new businesses. ~ =.... Clron. Jergens said he thought economic feasability was a very important thing. With >_", the prospect of the Anchorage docks even if they take only a few thousand. t~s from Seward each year it can be very material in the economic picture and he continued that he is worried about these bond. services we shall have to met as well as those we may lvive to have in the futuD. Mr.. Nicols said that Clron. Jergens was touchin;r on a thing he thou;rht he might not have made clear. He said that usually bonds are set up to retire within the life of a par- ticular project and t,hey figure them fairly close and they see t,hat the difference in the money at the tillB that it was calculated and what it might be likely to change to (regardin;r inflation, etc.) is placed in a sinking fund and are to replace the items tlvi t may wear out or to take care of the inflation and to perpetuate fl omething that is needed in the cOllllllUJ\ity. Those are the tings that are all figured out when you start figurin;r ont your indenture. Clron. Jergens comnented on the recent situation of planning on the basi s of apparent but temporary possibily growth and then findirq a material decrease in incorre and the Council is trying to balance the buiget and find money to pay for the things that the City needs. He said he did not mean to say that he does not have any confidence in the area, but does believe the Bay area here has great possibili tie s and he has great hopes but he thinks we are going to have some very severe grCW'ing pains. Clron. J ergen s was excused at 10: 5.5 p. m.. Mr. Hennan Leirer spoke in favor of improvirq the present water sources over going to say Lowell Creek due to the silt problem and he mentioned that a 1" or 1-1/2" line runs continually in connection with the Clearview sewer arrarqement on a direct con!ll9ctiron and it was thought this might be one of the sources of contamination. Mr. Leirer also mentiolll!ld a partial construction of an 8" line on Marathon Mountain for a one-time planned storage project. The flooding conditions of Lowell Canyon were also discussed. Clron. Hodson spoke in favor of ,investigating sub-surface water !IOurces and it was point- ed out that costs for this would be high though cheap hydro-electric pclIfer might make it feuible. Mr. Nicols comnented tha t such an investigation would very prcbably come under the engineerirq survey. He continued that this was interest free until construc- tion is started but to remember it is not an engineerirq study but is rather a com- plete preliminary planning which also lIeans that you are going to include a skeleton lay-out of your materials and cost plans. The engineer will make the studies and they will come out .as a finished product as a preliminary plan. We will not loan you money for just an expedient to get into the construction phase say in a year as if you are goin;r to do that why lo;.n you money to t ide you over a period of a few month s and could rather get into a loan program and get right into it. The plIpose of the plannirq pro- gram is to gi ve you prelimina ry costs so you wi 11 know what you can do. We a re not going to giv e you any of the Federal Governrrent' s money unle ss we are Jre tty sure th..t you are going to constroot a system. There is money available right now that I know of and I suppose it will be a..alable for the next ninety days. Washirqtoo, D. C. has to approve your advaooe plannin;z and they wi 11 have to be satisfied that tl'e project will be a reali ty and as mentioned before that if theyadTance you money for planning and you may corne in and say we want you to take an appliBt10n for a ~l1c Facilities Loan and they might have to help you buy your bonds. In other wcrds, they have alr-eady helped you and if they thouc;rht enou;rh of it to think you had the author! ty and tll e fi- nances ability for plannin;J and if .you corne and ask them for a loan and they have al- ready given you advances f or the plannin;r they will take your bonds if other insti tu- tions deny tl:em. Regarding an election for the planning he- sai-d he thought it could be by resolution but they like an election where there is any doubt at all that the people might not vote bonds. He said this angle is bein;J used here that the State Health people have a sked them to come in on Seward's problem and the Federal Government sa"Y8 to go down am see if the Government can help Seward people rot don't meddle with any of their business. We can help you and give you suparvi sion. We will have llIOr~ infor- mationafter the first of the year hut I will leave these fonns for your study which will layout the whole program. The preliIidnary plan will give a variety of possible plans and the Council will decide how much it wisre s to irnplanent; you rray arrarqe for vari- our pha ses or ioorements in the planning and constfuction and carry this to the people. He said all sorts cf llIOneyam interest can be saved by a thought out program construc- ted in stages under a preliminary plan. Clron. Hafene ister asked who inspected construction of such projects and the :reply was that \..,~ hire our inspectors and the Governrrent checks on them to see that value is re- r ::5pe~1.~Lt l'leel,:tn.~ Decemner;1o, 1950 Dpecial I:eetinr: December 17, 1955' ceived. The steps are 1. You make up tne application and you make up the estimatE' which includes the legal fees, engineerirg fees, administrative fees, interest pay_ ments, interim interest durirg the construction before the bonds are issued all goes in under the estirrete. The only thing that they will not allow is land costs. There is no way you can borrow money for rights-of-way and easments. In reply to the ques- tion, he said sewer work in connection wi th preliminary plan can all be included. The erqineer he dad should get in and nelp you figure out all these thirgs. ClInn. Hodson remarked that actually then they needed an estimate of what 1he estimate is going to be and l'll". Tryck agred that they must try to figure out the cost on sonethirq be- fore khowirq wha t is wanted. Myr. Petrovich asked if this program could include pav- irg and Mr. Nicols replied that they rather shied away from Pivirg. The program is meant for thirgs that promote public health and sanitation. We do get into it, he said, occasionally but we don't like to and the other types projects will get higher priority and the pavirg sort of thing takes much lorger. Myr]. Petrovich discussed the pavirg situation and the crowded con:iition at Home Brew Alley. Mr. Tryck suggest- ed going over the whole problem very carefully with the Health Department. 14-'1 Myr. Petrovich said it was very gratifyirg to know that the State can be looked to and the Community Pacilities people and that we can replace the sewer ard replace the water and conplete the grid work downtcwn and maybe even pavirg the streets. Mr. Nicols said to remember the Pivirg would be very much slower and other projects would come in and get the money ahead of pivirg. Clmnl Hodson asked if we could get the money for the planning ard specifications for the pavirq and Mr. Nicols said it should probably be on separate plans. He urged the Council to be very careful in preparing for a oonding election that each ard every step required is complied with and Mr. Nicols will work with the City. He recommended a regular bonding attorney when and if this stage is reached. The Council and Mayor thanked Mr. Nicols and Mr. Tryck for coming to the meeting with this assistance and information. There beirg no bids Il!lceived on the offer for batteries the matter was laid over to the regular Council meetirg December 21, 1959. at 12:20 ATI'EST: '&-ct//{;" c':e C' (//~177'!, Beatrice E. Watts, City Clerk: Approved: ---------- --.-----. ------ --------- Special Meetirg December 17, 1959 A special meeting of the Common Council of the City of Seward, Alaska, was called to order by Mayor A lex Petrovich at 2:20 p.m., December 17, 1959. Present were: Myr. Alex Petrovich, Councilmen Neville Hodson, Hans Hafemeister, Rupert Kulin, Elton Jergens, Robert Zentmi reo Councilwoman Erma Walker was absent. Mayor Petrovich requested the readirg of that portion of the minutes relating to the renewal of local liquor licenses from the minutes of the special Council neetirg of DecemJ::er 15, 1959. Corrections were requested as follows: Clron. Hodson requested that in the discussion regarding Mr. Gus Serio's application that it be shown more clearly that he is the operator of the Yukon Bar. Clron. Kulin wished a clarifica- tion of his statement regarding his policy on discus sion and vet ing on matters where he re.s a personal interest that a counciilman may withdraw from discussion rot must request to J::e excused from votirg and and does not just withdraw. Clron. Jergens requested clarification that the minutes, etc. were to be sent to the liquor control people. The minutes were approved as corrected pending reading at the next regular meeting of the Council and the above clarifications were incorporated into the minutes. Mayr. Petrovich then said that he favored sending the minutes to the Liquor Control Board in their entirety as the Council wished clarification on all the points raised and questions of the Council and the entire transcript was needed to enlighten the Board regarding the problems. There was SOlIe di sCW!lsion regarding this matter and it was decided to send a certified copy of the entire transcript of the minutes of Decellber 15, 1959 as pertains to the renewal of liquor licenses. The City Clerk was instructed to prepare a cov er letter requestirg clarification of the points in quell- =:::.: :::":,0:,:: p::~.r .::~~. ~~'~9~. r ~, J A~~iCh, Mayor ~f;'c? .. tV~ Beatrice E. Watts, City Clerk ----- ----------. --.--.-- r- 148 Regular Meeting December 21, 1959 .... :::0 l.l J;;;Jo ~ The regular meeting of the Common Council of the City of Seward was called to order at 8:10 p.m. by Mayor Alex Petrovich. Present were: Mayor Petrovich, Councilmen Elton jergens, Erma Walker, Hans Hafemeister,~ert,Kulin. A9sent were Councilmen Neville Hodson and Robert Zentmire. Minutes of the regular meeting of December 7, 1959 were read and corrections requested as follows: Clron. Kulin said his statement regarding Mr. Buckalew was cut a little short and that he had also said that it seemed Mr. Buckalew did nothing for the city except when prompted and followed. Clmn. Kulin felt the statement was more severe than he had intended. 'Also Clron. Kulin wished a correction regarding the wish 'of the Council regarding insurance on the Armory that the Council wished to be reimbursed for the City's contribution to the building and in the meantime to insure only the City"s in- sureable interest. Mr~ Copeland requested rereading of paraqraph 4, page 127 and it was agreed the minutes were correct as read. The minutes of Decen:i:ler 7, 1959 were approved as corrected. The minutes of the special meeting of Decenber 15, 1959 were read. Clron. Hafemeister requested correction of his statement page 138 paragraph 3 to be that the Council i. the aggrieved party here. Page 134, paragraph 5, Clron. Walker requested change fr'OOi" the question being raised from the floor to that Clron. Walker raised the question 'of whether Mr. Buckalew's letter "referred to the ordinanc e in general or just openinq and closing hours. Clron. Hafemeister requested correction of Clron. HodlSOn's statement page 138, paragraph 2 from exceptions to other people to exceptions by othe r people. Clron. Walker requested the word announcement be changed to answer on page 138, para- graph 5 regarding an answer to Mr. Urie. Clron. Walker requested clarificatio~ of Mr. Werner's statement regarding the zoning as her impression was that he he did not know if the mape ehowed Werner's Market Liquor Store location as bu8iness zone but that he had secured the depoei tione and checked into it and 'it was. Mr. Kai th Copeland request- ed amendation to include Clron. Kulin'e statement that Mr. Copelan:i had acted in good faith in the manner of presenting his request for liquor license transfer, page 138, paragraph 6. Agreed by Councilmen to include this statement in t he minutes as Clron. Kulin agreed he had said thi s. The minutes were approved a s read, and corrected above. The minutes of the special meeting of December 16, 1959 were read. Clron. Jergens state- ment page 146, paragraph 2 contained spelling error towns instead of tons. Minutes to be corrected. The minutes were aFProyed as read. The minutes of the special meeting of December 17, 1959 were read and approved as read. Mrs. Williams information regarding municipal bonding practices was laid over to the next meetinq at her ~equest. The City Clerk was instructed to advise ~~s. Williams of the next meetinq. Mr. Kei th Copeland requested delaying his appointment with the Council pending infor- mation from the Board of LiquoT Control requested by the Council. Mr. Fred Kielcheski, Fire Chief, spoke to the Council with regard to the use of incin- erators for burning paper and trash within the City limits. He pointed out that the present ordinance dOi!s not make provision for burning but said tha t. he is in favor of granting permission to burn under the following cpnditions: the incinerator should be a large one something like. a fifty gallon drum with holes near the bottom to give proper ventilation, it must have a metal cover of some kind of mesh with holes not over 1/2 inch across and the cover preferably hinged so that it will always be there for use, and the incinerator should be placed ten feet or more away from any combus- table material. Myr. Petrovich asked then if an incinerator could be used within the City limits and Clmn. Kulin replied that in discussions with Mr. ~ielcheski that he agreed wholeheartedly that an incinerator should be used within the City with these three provisions. ~~. Kielcheski continued that if it is the desire of the Council to draw up an ordinance covering this that he would suggest a rule against burning ,any- thing that creates a foul smell. Myr. Petrovich thought this would require an qrdi- nance or an amendment and it would outline the typerof container and type of refuse which may be burned. Clmn. Kulin said that Mr. Kielcheski would like to have some enlightfrnment on the fact that he is official wiring and building inspector for the CitY.siiahe did some work and refused certain wiring in the downtown wiring requirements ~nd he was re- moved from his job and he doesn't knO'N how this Council feels but he did not apprec- iate U.e way the other thinq;_was handled. He a skeel. a)1d was told that this change reHeved him of inspecting buildings and he said that if he were to have to go through such a disagreeable situation again he would have to put down his foot. Regarding the electrical insp:!ct1on, he felt the City should use the services of a good quali- fied electrici an and there is such a person in the City and Mr. Kielcheski .hought he would do a goed job for the City. Hyr. Petrovich thanked Mr. Kielcheski and said the City would take this under advisement for study with the Utility Board and com- pletion of a program. Hr. Kielcheski mentioned also that during the past thirty years when there came a break- r -:'P,'"';'J~_~ ~'~o8+J::_np' :'ccer."t:;er 21, lc,~q , /, lA~9 down in the fire department he was told to purclkl s€' whatever was needed for tne fire equipment and kep.p it in working condition. He iisl:ed if this was agreeable with the new Council. Myr. Petrovich said everyone ..-as very pleased .,ith the actions and work of the fire department and they would go alon~r with this. Clron. Hafemeister said he would like to gi ve Mr. Kielcheski approval to go aheCid as he has in, the past in purchasing small parts to keep the fire equiprrent in running order. Clron. Kulin agreed. Clron. Walker was in favor so long as it did not interfere with any plans of the new City Manager, and Hr. Kielcheski agreed that he has always talked these things over with the City ~~nager and would do so again. Clron. Kulin pointed out that in section D of the Code it says that refuse of all kinds shall be placed in proper containers and on to the effect tha t the cost of any cleaning up around the places of deposit shl111 be for the expense of the vendee and Clron. Kulin said he would like to suggest that this be cbne a few times and see if it would clear up part of the garbage contractors problems. Mr. Bob Muller was called away from the meeting and therefore his information regard- ing the GsA buildirq to be made a matter of record of what exactly is involved in the cost of maintaining this building will be given to the members of the Council at such times ds can ,be arranged, Myr. Petrovich said. Clmn. Hafemeister asked if this in- formation 50 received could be considered official and ~~r. Petrovich said no but that it would be Mr. Muller's knowledge of the costs and the City can be on record as exhausting every possibility of the desireability of acquiring this building. Myr. Petrovich requested Mr. Trevethan, Chairman of the Utility Board to present the information regarding an increase in water rates and commented tha t the subject had been rather well covered in the minutes of the meeting of December 16, 1959. Clron. Kulin asked if a straight across the board increase was suggested. Mr. Trevethan said he thought that would be the fairest increase. He then asked if all the rates were raised the same at the time of the last increase and Mr. Trevethan said so far as he remenbered and asked Mr. Leirer if he recalled. Mr. Leirer thought the busi. nesCl rates hdll.d be.,n inc:x:ealiedf<wi te a bi.t. mOrl! than t]::Je domestic rates. and recomnended tabling penting the arrlval 0 'the new L:lty Manager.~ Clron. Jergens - Mr. Mayor, I move we table the question of water rates pending the arrhal of the new City Manager. Clron. Hafemeister seconded. Clron. Walker remarked that she did believe the new City Manager would be of great help here especially if the services of the one in mind are secured but she also recommend. ed doing whatever can be done in the meantime to hasten it along as the Water Depart- ment is in very bad condition and if there is anything tore done in the way of study or hearings that could be started naw it would be well to start. We do anticipate, she concluded that all individuals are not going to be in favor of the increase. , Mr. Trevethan spoke of favoring Clron. Walker's approach to make preparations saying that if it is all left for the new City Manager's arrival it may result in a wasting of two months and right now the lr.Iater Department can't see where it is going to make the next bond payment. He continued that the Department was $3000. behioo last pay- ment and is still dropping behind and thought that if they failed on the upcoming payment after the warning of three years ago that serious action might result. Myr. Petrovich asked if this would be the first payment the "'!ater Depa rtment had failed to. make if they failed on the upcoming payment and Mr. Trevethan replied yes but that the Department has no coverage at all and yet the electrical system is in trouble be- cause it just does not have its 1.5 coverage. Clron. Jergens said that the Council had no body of statistics here that can point out just what the situation is. He said he felt it was likely warrant ed but that he thought the Council should have that infonnation. Clron. Walker said this was one phase she thought could be started before the City Manager arrives. Based on her research at City Hall it appears that even with a 50~ increase the Water Department is not going- to have the money so they will be coming to the general fund lind the general fund will not have the money. Myr. Petrovich asked how much was needed and Clron. Walker said she believed the interest cost is $10000. and the principal payment is somewhere around $10000. It was stated by Mr. Trevethan she said at a previous meeting that they were going behind about $300. or $400. per month but they are probably going be- hind more than that becauee there is nothirq allowed for maintenance for the system and it is obvious they are going to have to buy parts now aoo then. He spoke only of salaries, bonding costs and administrative costs. Hyr. Petrovich said he didn't see haw this could happen. Clmn. Walker recalled Mr. Trevethan's report that it was a lack of information or misinformation sul::mitted. The Utility Board has been told they were going along all right and keeping up the bond cover~ge as required by ordi- nance but they are not g ettin;, by. Clron, Kulin said that part of it was no doubt the fact that $160. charges were to be collectea from certain property holders and this amounted to $8250. which was an ticipated and trese monies were later considered uncollectable and it had been set up as an account receivable to be paid within the past year or so. Clron. Walker thought this was very likely EO but that it has been known for some time that that money WilS not going to be collected. She continued that this is another point of misinformation or lack of information. She remarked that the auditors said the books have not been posted on this account since April I 150 Regular meeting December 21, 1959 first and they had posted the first three months in preparation for the audit and how could anybody know where they stand. She continued that when money was borrowed from the deposits money to pay for this bond payment that it was not proper. She said she understood it had been paid back. Mr. Trevethan said that Mr. Headrick was en- ti rely responsible for telling the Board they were getting by all right and it only took Clron. Walker and himself a few minutes to see that this was not true on exam- ing the books. ~ :::0 ~ J> ~ Myr. Petrovich comnented to Mr. Leirer that he has had a good opportunity to plan and do something about this and did nothiIVJ and now the Council and Mayor are asking for the suj:port of the community in this matter and the Council is haviIVJ to think about making an emergency increase just to keep the system in operation. ~~. Leirer replied that the only thing he could think of the speed it up is to get the rates from other cities and compare them so you don't hurt one group over another. He continued that a hearing was required and the ratef! had to be set before the hearing. Clron. J~rgens - I wi thd~ my original motion. Clron. Hafemeister - I withdraw my second. Clmn. }erqens - I move that we table discussion of a water rate increase untilwe have available a body of data which will permit: logical decisions to be IMde. Clron. Walker seconded. Hr. Trevethan spoke in favor of getting information for evaluation purposes. ~1yr. Petrovich asked if there was any information desired from Mr. Trevethan by tre Council. He was asked to give a projection of revenues at various rate increases and also a detailed statement of required expenditures as well as average operations and main- tenance costs and a detailed statement of probable costs on any la~e repair or re- placement projects known to be needed, and any other data which would assist the Council in a study of the problem. Myr. Petrovich cautioned the Council to remember the urgency of time in meetirq the upcomirq bond and interel!lt payments arrl the time involved in establishing a rate increase. Clron. Walker agreed that the study must be pressed and that that the Council must ver ify for the citizens that a thorough study has been made and all the data gathered together for final evaluation and that as much as possible this should be done before the new city manage.r takes office.. CIron. Kulin pointed out that since the new city manager has not actually been hired that the Council must study the detqils of the Water System finances as action by the Council way be required before the new manager takes office. Clron. Walker requested it be known that she is not in favor of any delay in this study and action and that if a rate increase can be processed before the next billiIVJ, it should be done in her opinion. Clron. Jergens thought perhaps an emergency surcharge should be considered before the the next billing and while deciding the amount of increase necessary. Mr. ',Trevethan thought thi s would help. Myr. Petrovich requested a legal opinion on whether or not this is possible and comnented that the general fund of the City certainly has no money with which to assist the Water System. Mr. Trevethan mentioned that Engineer Toner had felt that our System was a one man operation but that construction requires two men and the System has completed a good deal of construction in recent years. He said possibly after next years construction needs are completed if they can be done that two men would not be required. He said the hack-hoe operator is a very skilled man and the Board considers his service valuable in that b~eakage to the lines while digging has been greatly reduced. There was a discussion of labor costs at about $1700. all inclusive per month. Mr. Trevethan pointed out that the Water System had not paid overtime until the wage scales were laid out by the city managers and the Board found they were paying overtime. Clron. F~femeister said th&t he was not bothered about the rates being charged in other ci ties but that he was greatly concerned about justifying an aaoss the board rate increase to the people of Seward. Myr. Petrovich said it was as simple as the figures given by the Utility Board - a c.ertain arrount of gross revenue and certain bonding expenses arv::l labor costs and operations and administrative costs. Clmn. Eaf- emeister sdd that since this bils been brougrht about by gross incompetence and neg- lect there is sorrething to answer to the people. l'lyr. ,Petrovich said he did not be- lieve this situation has been brought about by incompetence and neglect and that the conditions are as they are and a solution must be found. Clrrm. Haferreister thought it would be hard to explain to the people. Clron. Walker comnented that if the motion is passed she would not expect the rratter to Etagnate for days and ...eeks rot to move fcrward with securing information. She would like to see some projected figures for two or three years on various propo- sals. Clmn. Jergens spoke in favor of gathering the data requested previously and then holding a special meeting to decide about how much of an increase and study ratios of various consumers to know it wi~l not hurt some people too much and others not hard enough. Mr. Trevethan thought that even if some consumercs could poflsibly be charged less than 50"lo mOTe that 50"l0 would be needed f rom the domestic consumers. He pointed out that no survey was made at the time of the last rate increase. Clmn. Jergens felt that since this was the case Hat the gathering of infor.mation for rat. evaluation at this time was doubly important. Myr. Petrovich reaffirmed that the matter of the surcharge should be investigated and it was agreed by all. r- -~-- Regular Meeting December 21, 1959 151 Roll Call on Clmn. Jergens' motion - unanimously in favor. Myr. Petrovich asked how the Council would like to approach the next item of busi- ness which was the Utility Board's request for the Council to review their status. He asked if the Chairmen could enlighten the Council regarding this request. ' Hr. Trevethan said he had not made this request and that since under the proposed Charter the Board may be dissolved that it may be a waste of time to go into this subject. Clron. Jergens asked if the Utility Board had given the Council anything in writing which set farth their thoughts on this matter. Myr. Petrovich said that when the Council had a transcript of the minutes, it would give the viewpoints given at the meeting of December 10th. He thought that their thought is th3 t the Charter provides merely for the elected body of the Council. Clmn. Hodson thought it would be wise to wait until after the Charter election before going into this. Clron. Jergens asked for a written statement from the Board as to just what they have in mind and thouoht probably a solution could be provided for most problems within the Charter. He continued that he would much rather have a special meeting every night and cover each subject thoroughly than cover these important subjects lightly. Clron. Walker concurred with both Councilmen am especially since it is not clear whether the Board is concerned with their present or future status. Myr. Petrovich said he thought they were concerned with their present status firstly and future status secondly and that their minutes would shCM this. Clmn. Jergens requested copies of the min- utes far the Counc ilmen' s study. Clmn. Jergens - I move we table Item 4 c. of the Agenda pertaining to the status of the Utility Board pending further study of the pertin"nt minutes of the Utility Board meeting. Clmn. Hafemeister - I second. Unanimous vate in favor. Myr. Petrovich reported that an appointment of a Seward Civil Defense Director had been requested by the State organization. Clron. Walker asked why at this time and the Myr. continued that there is an area meeting scheduled for January and as there is quite a bit of property in the area which is the responsibility of the Director and Mr. Don Lowell is area Director but that Seward needs a local Director. There was discussion of past arrangements and there was no definite inforrretion of the Council's duty except Mr. Lowell had requested the City to consider- naming a local director. Clron. Jergens thought if Mr. Lowell had made this request as senior authority on the Kenai Peninsula this might be sufficient authority to proceed. Clmn. Walker asked if the request was in writing and the Myr. replied that he had requested a letter but it had not yet been received. Clron. Hafemeister asked that Mr. Lowell give the Council a letter of request rather than act on the verbal request. Clron. Jergens suggested an appointment peming the letter. Clron. Walker thought she would rather act on the written request. The City Clerk was instructed to notify by letter Mr. Lowell tl1a t the Council is desirous of a letter of request relative to appointment of a defense director and possible recommendations for same and also to ask him to enlighten the Council regarding the duties of the Defense Director. The ~~yor reported that since there has been no information regarding Mr. Keith Copeland's request for liquor license transfer into the City fran the Liquor Con- trol Board, Mr. Copeland has requested this item Sa. of the Agenda to be laid aside. Two bi ds for batteries were opened by Clmn. Jergens and read as follows: Win Erwin , Y.otor Corrpany bid was for $156.38 to supply the batteries and 10 gallons of electro- lyte as advertised. Clron. Jergens conmented that the bid was very informal being simply a signed staternmt of cost attached to the bid request. The second bid opened was from the Mart Variety store in the amount of $152.23 however Clron. Jergens reported that the bid apparently did not include the two five gallons of electrolyte as only too batteries were listed and priced. Clmn. ~ulin wondered if it was assumed the Mart Variety would have to furnish Ue electrolyte but Clmn. Jergens pointed out that the items can be purchased separately. He thought that since the Mart Variety bid does not include specifically all items and the ~""in Ervin bid seems to, logically it is in better form. Clron. Hafemeister said he had been present when Mr. Zentmire asked some questions of the city mech- anic and they had discussed electrolyte so his thought was that the Mart probably did not intend to bid on electrolyte. He continued tha t Mr. Zentmire had said the electrolyte was available. Clmn. Jergens said he thought the Mart Variety bid was deficient in fu at it make s no me nti on of the electrolyte. Clron. Walker _ I move ,hat we accept the bid from t]-1e vlin Ervin YJOtor Company for the- seven batteries and the two-five gallon containers of electrolyte in the amount of $156.38 on the basis of the Mart Variety bid appearing not to include the electrolyte Clron. F~femeister - I second. There was discussion of the fact that both bids were poor and tnat evaluation would be a good thing but that the street department has waited over two months for this and they need the b",tteries and should not wai t any longer. Roll call on Clmn. Walker's motion - Unanimously in favor. r- 152 Regular !1eeting December 21, 1959 ~ ::c ~ :J;;;o. ~ Myr. Petrovich called a recess from 11:30 p.m. to 11:50 p.m. ~~r. Petrovich asked Clmn. Hafemeister to open the bid from Mr. Willa~d Midby on used equipment for sala. The bid was for the Daybrook Dump Truck Bed at a price of $95.00. Clron. Jergens asked if there was any information as to the value of the equipment and Myr. Petrovich read from the list of approxi~lte values as drawn up by tpe Superintendent of Streets and which showed the item bid on At a consid- 8rably hiqher figure. There was discussion of the nerit of moving the items versus holding until spring '",hen a l:-€tter price micrnt 'oe secured. Clrnn. KuHn - I move that t}:s bids be rejected elovering used street equiprrent. Clron. Jergens - I second. Unanimous vote in favor. The City Clerk was instructed to write to Mr. Midby advising the Council's action and intent to offer the used equipment for bid again in the spring. Mr. Buckalew's letter of December 17, 1959 to the Mayor regarding procedures for issuance of paving bonds was read to the Council and the Mvr. asked tr,e Council's wishe s with regard to engagirq the bond attorney for their approval of each step of the procedure. Clron. Walker asked if this was strictly in regard to paving and won- dered about t~bling until the new city manager is employed. Myr. Petrovich comment- ed trat he could appreciate the thought of tabling as any action to further obligate the City at this time is a matter of concern. He continued tpat it Beaned unfortu- nate to have to consider tabling at this time but tha t the inf ormati on is here for reopenirq at any time. Clron. Walker said she felt it was the Counci l's intent to find just what is needed before it considers paving and since this is. not known yet she would like to know more about the part of the l"ltter saying Thorgrimson thought Seward had about reached its limit of general obligation bonded indebtedness. She ask- ed further how the AP,iY bonds figure into this limit or if they should be figured in at all. There was general discussion of the limit and the out standi ng bonds and from the results Clron. Walker wondered on just what basis Mr. Thorgrimson based his decision or thought that Seward had about reached its limit of ability to sell bonds. Clmn. Kulin pointed out that this was a discussion and the two attorneys had no definite informa- tion before them. Myr. Petrovich collll\ented that he thought the present enployees had enough. to do to clean up our work load and get ready for the new city manager and this project would be a nice project to lay on his desk for his attention. Clmn. Jer- '"lens asked if there were requirements on the Council regarding the petition. Clron. Kulin thought it should act or show good reason. There was a discussion of the terms of the petition as recalled by the Council. Clron. Jergens said he felt that if legally the Council is required to take _certain action it will have to take it but that he felt the City is in deficit financing now and anything to aggravate the problem does just that. There is a question whether the City can finance the schools for the I'e.t of the year and the question if we will have to assist the Water Department or can the Council legally do this? Myr. Petrovich thought it might be wise to consider tablin9 this at least until the Council has an audit.of the books. Clron. Hafemeister asked again Clron. Jergens question if the Council could legally proceed with it without engineering and there was gere ral discussion of the uSlal bonding requirments and it was agreed that the bondirq companies would require very detinUe engineering specifications. Clmn. Jergens - I move we table the discussion of the paving petit ion pendi ng the employ- ment of the city manager and fur the r resea rch. Seconded by Clron. Haferre ister. All in favor. Mr. Leirer offered a piece of information from previous problems of a Council in the matter of the general fund loaning money for payrrent of a revenue bond saying tha t the bondirg company will not object to the monies being advanced but that trouble will prob- ably be encountered in getting it back. He said one way to do this was to pay some bill in advance so the general fund can recover the funds loaned. The Council expressed its appreciation to Hr. Leirer for this type of information. Clmn. vlalker asked Mr. Leirer if he knew the result of the $9000. or so loan to the ltlater Department on which he had based his remarks and he replied it had all been straightened out thIbugh a water billowed by the City and equiprrent rental, etc. Myr. Petrovich commented thatthe City does not seem to be going forward on some of these things. Clron. Kulin asked if the Council 1IoOuld feel at sare future meetirq if it 1IoOuld ~nt to study the possibility of asking to 00 ve the sales tax increased to three pe r cent as - a rratter of revenue. He continued that he thought the Council was going to have to do sometring to get funds to meet the school deficit. Myr. Petrovich thou;:Jht this should 1:-e studied and would also like to see the two per cent levy enforced. lie said that after the first of the year the enforcement and increase would be stu'iied. Clron. Hall:er noted tha t a previous discussion of enforcement had been tabled unti 1 Janu'lry 18th and suggested botP ite ms be scredule d for that date. The letter from tne City to Associated Finance & Assurance Company for approval by t:,e Council in accordance ,,nth Council request was read: There was general discussion of i:he past discussion and the Council felt tha tit preferred to not write a letter of per- mission. Clron. Hafemeister - I make a motion too t we take no action on the Associ.lted Finance & Fssurance Company request. 2econ~ed by Clron. Jergens. All in favor. ~- Regular Meeting December 21, 1959 Special Heeting December .to, 1959 The letter of December 7, 1959 from the Board of Liquor Control regarding their re- quest for all records of police action in any way connected with liquor licensees was read and it was noted that a copy had been made for the Police Depart'1lent. The City Clerk was further instructed to send a letter of instructions to the Police Department to please comply unci with a copy to the Board of Liquor Control to show the Council's interest in good relations. 1~~ 1l. letter dated Decenber 14, 1959 from the Board of Liquor Control approving He transfer of the T.J'erner Market Liquor store license was read to the Council. A letter from Grandee & Company dated December 16, 1959 refusing the proposed ex- tension of electrical service to Bayview LU11ber Company and other matters was read. Clron. Jergens asked if any contact ha.d been made wi th Hr. Carlson of Bayview iIDd Myr. Petrovich said Ue Council was deperding on Nr. Scott and the Utili ty Board to contact Mr. Carlson. A letter dated December 17, 1959 from Grandee & Company regarding City action and communications following the December 5th discovery of their November 3rd letter unanswered was read. Myr. Petrovich co~~nted on their understanding and said a letter would be drafted ard circulated among the councilcen for additions etc. so it wi 11 reflect tl1e thinking of all the councilmen and express policy and intent. Item 6e of the agenda, a letter from Senator Bartlett was n3ported by Clron. Hafe- meister that tne Senator advised that funds would be available for dredging of the small boat harbor in 1961.~A letter dated 12/18/59 from Halibut Producers Sooperative protesting free water installation for a competitor was read. Myr. P.reported/~bill is -\, The letter report of Publ ic Health Nurse for the month of November was read.;\ prM~ired. The employment of Mrs. Virginia Blanchard was approved by the Council and salary established at $400.00 J:er month. The City Clerk reported those statements in readiness for Council approval or com- ment and the fact that certain invoices were not included due to lack of certifi- cati on by department heads. It was decided that the accounts payable would be handled at a speci al meeti ng for tha t purpos e as soon as possible. The City Cle rk reported several items of duplicate payment of monthly bills with some checks being r.eturned. The Clerk was instructed to check closely in posting past disbursenents and follow to recover any duplicate payments yet unknown.. Clmn. Jergens - I move to adjourn. All in favor. 1:20 a.m.--, /:- l ~ J APPROVED: (~./.,z: - ,)'("/~ 4'7 /'; ~ ATTEST: Alex Petrovich - Mayor , ) (:,' c;' (,1, - , seatrice E. Watts l( (l/l~ - Ci ty Clerk Special Meeting - Decerrber 30, 1959 A special meeting of the Common Council of the City of Seward, Alaska, was called to order at 8 :55 p.m. by Mayor Petrovich. Present were Mayor Petrovich, Councilmen Hans Hafemeister, Erma Walker, Rupert Kulin, Robert Zentmire and Elton Jergens and Neville Hodson. The accounts payable for the charges incurred during the month of Novenber were passed among the Councilmen for the ir inspection. Since the posting of the books of account for the month of July has just begun, funds on hand were reported in approximate figures with a schedule of outstanding checks written from October 28th being about $1559., anticipated expenses of $5550. for payroll taxes accrued but. not due until late in January, a net payroll of $3000. plus at December 31, an(d'I-'" about $1250. contracted for by tire bid tieducted from the:$l3~8BJ(~~~-----~-~-~-- -;,.,.-_-...--.,.------.;--"_--~.:cash in the bank would leave a hiance of about $2000. It was decided to delay tax payments until incoming revenues from the second install- ment of property taxes due could build up the bank account. This would not cause any delinquency in paying payroll taxes due but would simply plan to use the time alotted for preparation and would thus give approximately $7600. available for pay_ ment of $3915.56 accounts payable. Clmn. Kulin - I move that we suspero the rules in order to move item 4 of the Agenda up to item 2. Robert Zentmire - I second. All in favor. Myr. Petrovich requested a report from the UtiMty Board members present. Hr. Dnrling asked if the Council realized the very convenient arrangement in effect of paying the Mayor $1.00 per year to act as city manager in this period when a tremendous ex- pebae had to be met in the Water Department an:! it was wondered if the City could afford the ex.panse of a city ne.nager on full sa})ary. He asked if the arrangement r~ 154 Special l1eetinz December 30, 1959 ~ ::v """ ,," could be extended irdefinitely while the City would struggle along and recoup its fi- nances. Clron. Jergens questioned if ne Council would have the authority to do this. He thought the naming of the Mayor to act temporarily was in the nib-Ire of filling an emergency vacancy and he wondered if the Mayor would want all these added duties and responsibilities in addition to his own and would question if the Council could do this. Mr. Darling said in brief that he just wondered if the Council had considered that the Utility Deputllent has a Superintendent of Electric System and Superintendent of \'later Dep:lrtJrent who could probably take on added responsibilities and the Water Dep3.rtment is in serious financial trouble and he would like the Council to consider all this. The fact of the recent election reaffirming the city manager form was discussed. Mr. Darling asked if it would be legal to appoint the Mayor and pay him a salary the City can afford _ say we might give him $5000. Is the re anything to stop us from doing tPnt he asked. It was discussed that the intent of the law is tl:1at the people wish a full tille city manager and that while the Council has no objection to the way business is being hendled, it felt it oould not legally continue in this manner ."ith no intent of securing a quali- fied city manager as soon as possible, ard that of course the saving of money is of interest. Mr. Darling said they have these Superintendents on the Utilities where they believe they oould use them to greater executive capacity and if the Council could say to the people that the utilities are going bankrupt and that they cannot afford a rranager but that they can probably afford to go on as presently. Myr. Petrovich comrrented that he appreciated Hr. Darling's approach but that by six votes the people ruled in favor of the city rranager form and that regardless of past difficulties he thouaht the Gouncil must consider the wishes of the people. At l-iyr. Petrovich's request Clrrn. l,'.'alker read from the ordinance No. 238 establishing and defining the duties of the city I1"Cnager. Mr. Darling commented that it was pretty strong but he did think the Council could say that on reconsideration of the budget there is an emergency and we would recommend that the City continue on the course for a time asis new being done. Hr. Darlirg com- mented t~at this might get the City out of the hole it ig in. ::J;;.. C-l Hr. Trevethan thoughtfhe situation had been pretty well recapped previously regarding wages paid utility superintendents and that the Board has learned that their superin- tendents have been greet1y limited under city nanaaer supervision. He continued t'll't the Utilities has paid 11 part of the manager salary and tl:1at if a manager could be found who had too technical know-how to be a superintendent of utilities that that would be fine but he wonders if the Council can find such a man who is capable in so many fields. Myr. Petrovich commented that a can:i1date under serious consideration had a number of years in technical utilities eXP9rience as well as manager functions and that it might be well to consider possible rearrarqements of work'if such II man is hired. Thare was discussion of the ~orkihg arrangements of electricians and expressed the belief that a superintendent would not have to belong to the union. Mr. Darling was thinking of a roan who is a ,registered engineer he sp.id and the Councilmen recalled that the candidate has quite a thorough background and degrees in engineering. The Council and Hr. Trevethan thoroughly discussed the infonnation gathered to date re- garding the Water System and the needed rate increase. In the cour se of the discussion underground maps were mentioned and it was agreed to instruct Mr. Richie of the Water Dep:l.rtment to check all underground maps in the City possession and prep!l.re any not available and place them in the racks for this purpose at City Hall. Clron. Kulin com- mented that this request had been made before and the city rranager reported the project completed bu t it is desired that Mr. Richie verify an:! oomplet e if necessary. Tni s is ot include the Fcrest Acres maps, be completely up to date for recent construction and thaw wires, etc. The Council requested of the Utility Board Chairman further to the inforrra.tion previous- ly requested estimates of cost on replacirq wooden mains at Home Brew Alley an:! any other critically needed replacement, the cost of installing the automatic pressure valves and the electric switches on the deep wells as well as a.ny other pertinent anticipated expenses, such as an investigation of the open sewer connection Mr. Leirer had reported at an earlier meetirq existed at Clearview. Clron. Hafemeister opened a discussion of charges against Forest Acres fire hydrants for water and it was pointed out that they are on property believed to belong to Mr. Coberly, that it is filed with the Commissioner's Office that the hydrants belong to the City and the City maintains them. Clmn. Hodson was of the opinion that the hydrants were exclud- ed along with traffic right-of-ways, etc. when the land was transferred and that there- fore the hydrants are not the property of anybody in particular, and that any chatge would have to be against each residence. There was discussion of the fire ratirq of Forest Acres at present and their efforts to secure fire protection and cooperation and assistance from the Seward Fire DepartmEl1t. Clron. Hodson - I move tha t we table Item 2 under the susP9nded rules until we aet more financial inforrration from the Utility Board. Hr. Trevethan asked if the Council wished to approach the problem from the position of what the defici t would be at May 1 at the present rates and with estirrates of the c~t of replacirq the 700 feet of wooden main at Alley B and any other projected inprovements to determine the amount of additi onal revenue needed. Clron. Walker said she would like to see various increases projected for 2 or three or more years with a list of expected expenditures in order to know how many years it will take to get the 1.51. plus these ~ I. .., r'\LO ( Y'") , :;r fLl/ J n I ',t )/<1 dlc/ /! "lf1<,-,-lX^ } 4 <1 5;.t~:I'<.1 Ii-""d 1, (\ 0 0 .0 0 -)(~:';~( ; t't 1. (\ 0 0 ,U 0 i:1 (L.;<j~! I,"/V '~. ?~~) ,'ut', ;,_ ~ "". lff.J , '\ Ij I ~",0' Iii"'). 1'"'' S'1 2 h 0 C:l"(r.(,.jt<-f' , . r)""" ~. ,,1 ::.."1 9 0 F .0 0 , 12,7 5 - ~:';f"" <.1 )p ~ j( 1.h 0 <IMl.pL'. \ ? ry '2 ,0 :I L Lv'Vj 0 '3.7 S ~\ rv.' i'i;' ?, '3 .R 6 '.;. ,,--" "i 5 0 A ?, ri>d C SJ cJ '3 F .S 7 'Y-t C~:1:<r :;, 1.0 Or~:"1 ~t.cl . . . '1 2 4 q ~'< r ,< j:.", t . ~~;c-~;Q:.D IJ "f,',:i,:?lU r.:.' 'Ik ' ?-3 ,9 ~>~J . t "i qR OC,,,;'I;! , \-;~1,~,tL i 2 8 P, ,~~' Jc" i, ,- !,.w"r,)'/ " i 0 ,1 5 J., t..~ P, '3 .8 0 1<-"" tk <t.,}"''! '? '31.U () f.,J 1'.'9 54-5 {v., \") 2 -9 P,1rl,<\)(,t" i 1 ,2 411"" \~'~ . 2 A 0 I,I;J,!'(." 1 5 0 'V"f ;j"UI 1 5 SO \.,)fl<,tA. 86 F p, 0 -.;0, ~'l' If q 5.u 0 (,:,.t 'V'f' ~-: cf S 78 '3 ,7 00.'" (I C~ 1 R 0 ?,\. It' i 1. q 1 ,8 0 ~v.t~.u'" (., ,f ::,'i 1 '1 5 A C) ~ 16-'/ ' n C '" (3 5 "xd.",~,"t r. r>S ~ 0 ~J~ ..., ,', 4- iJ).;M""' .";1.1"-- '1)'/"\ " '10 q ,8 0 y'\,' ,,,J w..,t q B ,7 0\" . ~ " '" A " 0 1:-'1' I i,,\ . }\~,-" J-.) . ..L ' ',' t ~ (" '-!-...... ~, ry -fl. (. A 4--' . ~ ""d.l"-- {~(i,; ..' /C"" ~,"" . " f : t " ~ .t I't /J-I.) /Ltl^t F'-'/ ", ~ ..,S' 10 ,04- \.:..,Qk ~. "\~ '; >')1.0 "/ ...,ShO"> ~ . f. B ,7 <7, ,,'i' V.,.."" W" -tU'/ '1 -:\ A ,1 5- 'i R1" ,c, .' "'- '/j. r'< -r ,,:><:. . .'';:( 15'~'-" 4~ (\ 1, 5 S F I.. (\ i 5 ,S F 7~ '/ .1 )-" . t( r./ c( . C I c.) Oi - ~-<( :i ' _ " t, ," " - ,~' ~~------.~_.--- ~, } l.::l<'r"".' ' -I.-; f.j. L. /<?{,; -' ~ 155 r 3pecialHeeting December 30, 1959 1 ;'15 improverrents. She commented tha t with a strong rate increase mo re could be accomplish- ed but that' the J=eople may not be willirq and it may have to be stretched over a longer peri<Xi of time. ~.r. Trevethan pointed out that the boroirq company red wanted the 1.5 coverage to be established within five years when they requested the rate increase of three years ago. Clrr~" Jergens thought that the capital improvements of replacing wood- en mains etc. would hardly seem to cerne under revenue s itua tion beirq discussed here and wondered if this would not come urrler a bonded improvements plan. Mr. Trevetren pointed out that the :JY!'tem coulcln't sell any more bonds now and sorre of the replace- nent is cri tical. Clmn. Jergens asked though if tre Council is to say to J=eople Hat it is gcing to cha rge them trese large rates to pay for something other people will enjoy. It was sug:rested the Be items should be considered maintainance and there was a discussion of proper naming and financing of various types of construction work for the System. Clmn. ::lodson's first motion Page 154, Paragraph 6 failed for lack of 0. second. Clron. Hodson - I move that we table this \,,'ater Rate study until such time as we have sufficient informa tion on which to base the rate increase. Secorrled by Clron. Jergens. A 11 in favor. ~r. Petrovich advised l'ir. Trevethan tl:1at '..,l:1enever he felt the Utility Board was ready to suhmit its proposal to the Council to please so advise. It wascgreed this would be a s soon as possible as tirre is of "!he essence. l-'yr. Petrovich called a recess from 10: 50 to 11: 00 p.m. Nyr. Petrovich requested the Council's attention return to the accounts payable. In the Examination it was pointed out tl:1at several were delinque!'\t in payr:ent of sales tax. Bills were taped on machine at $1000.00 due the Department of Health from the Sales Tax Fund; from the General Fund, $3686.44 with Sales Tax Returns accepted but not satisfactory in all cases, $114.37 payables reported with Sale s Tax Returns un- satisfactcry and 3114.75 payable needing approval of department head before payment. Clron. Hodson - I move thCi t we pay all bills to firms that are current in their Sales Tax Returns. Secorrled by Clmn. Jergens. CIIm. Jergens asked how much will 1::>e left in the bank if these bills are paid. It was reported that there was approximately $7000. with which to cover accounts payable if t!te payroll taxes were not paid until the deadline at the end of January. See Page 153 for report. The Discuss ion turned to the cost of snew removal and the seri- ousness of letting the conditionget any worse even though cost is very high. It was agreed that with so Ii ttle equipnent to work with it is difficult to avoid overtirre pay. Vote on Clron. Hodson's motion - All in favor. Bills awroved for payrrent were as follows; Alaska Shop $2.60, Alaska Telephone $206.00 less $12.75 for the power house extension with claxon not in working order, Anchorage Daily News $7.60, Andy's Oil Delivery $272.01, $3.75 Alaska Fire Equipment, $23.86 B & C Auto, $350.42 B & C Auto, $36.57 Bay City Motors, $7.00 Bay Cjty Motors, $12.49 Troy Bogard, $23.91 Commercial Stationers, $39.80 Craig Taylor Instrument, $12.88 Durant's P4rdware, 610.75 General Distributors, $83.20 Kenai Lumber, $237.00 Kirkpatrick Printing, $8.45 Larry's Service, $2.98 Modern Motors, $11.24 Moore Business Forms, $2.40 Rehab Service Station, $1.50 Seaport Auto, $18.50 Seward Bldrs., $866.80 Seward Electric, $495aOO.$e~ard}Nater, $23.70 Seward Plumbing & Heating, $7.80 Police Benefit Fund, $1-9'7-ti'o 'Snyder<~Conmunications, $118.89 Standard Oil Co., $263.95 Watsjold Fuel Co., $5.60 Seward Trading, $3.34 Werner's Market, $109.20 Seward Electric (May 1959 Gas), $98.70 Seward Electric (June 1959 Gas), $134.10 Seward Electric (November Gas). Accounts to ~flpaid amount to $3686.44. Accounts unpaid exclusive of the $12.75 Alaska Telephone deduction amount to $22912 "<, I,., ,I:, c _ .-' I ',i " ," ".'," (,,! . ,f" ,',^.j. ,). . . \ t.. /.' ; . d U _ ~. The City Clerk was instructed to write to the Dep;rtment of Public Health requesting a moratorium on the $1000. pledged to assist in support of the local public health program due to the seriously restricted condition of the City fi nances. Clron. Walker asked how a definition o~ti~Sdelinquency should be Shown in the minutes and the law was referred to and definition of delinquency established. The City Clerk was im~tructed to report hlt not present for payrrent: payables to those firms delinquent in the remitt i ng of sales tax. Myr. Petrovich reported that Judge Fitzgerald had called the City to request confirme- tion that He City wished the Administration of Courts to prepare a contract along the terms of Plan III previously accepted by the City wherein the State will provide the services of t he Magistrate, cle rical help and space in return for the Ci ty pay_ ing $100. J=er month. Fines, Forfeitures, etc. to remain with the City. Judge Fitz- gerald advised that Mrs. James Schaefermeyer has been appointed deputy magistrate on a temporary basis arrl the court will be held in the present Collll1issioner's court room temporarily. f~ 156 Special t~etin~ December 30, 1959 Special Heeting January 6, 1960' Myr. Petrovich asked for comment from the Council -and audience. C1ron. Jergens said he thought the Cit y had chosen the least ex):Snsi ve plan they oou1d fi rd to provide a court system and approved of Plan III. }(rs. 1,villiams rrent ioned tl1a t the only objec- tion to Plan III she knew of was that urrler another Plan the ci ty had some control of the appointments. T1-ere was di scus sion of the fact tha t the State considered the arrangement s for space as t eIrq:lorary and tha t t he City had offered the old hospit a1 building for this purpose. The possibility of using the old federal building for this was brought up and Camn. Hafemeister reported he had learned it was practically a dead issue because of the expense of maintaining it. Clron. Hodson requested a let- ter to the State offering the old hospital for the use of the court. ..... ,::0 .~ :l> C-l The recent co rrespondence to and from the manager applicant being considered for a per- sonal interview was read. The matter of salary was discussed as this man is now re- ceiv ing $9900. in a midwef'tem community. It was pointed out that the salary spread had been put before the applicant in the very beginning. Mr. Headrick entered the Council Chamber and interrupted the proceedings with unrecognized arguments. C1mn. Hodson - I move that we go into executive session. Seconded by C1m. Hafemeister. Vote - Clmn. Hafemeister Yes; C1ron. Walker No; C1ron. Kulin No; C1ron. Hodson Yes; C1mn. Jergens No. Three Nos. Two Yes. The officials requested Mr. Headrick to appear at a later date if he wismd, when he might be in a more responsible condition. It was agreed that the applicant for manager was to come to Seward for personal inter- view as soon after the first of tl1e year as possible ard it was further agreed to fol- low through on this plan in t he best interests of all concerned. C1ron. Hodson suggest- ed a night letter offering the pee ition at $12000.00 plus moving eJlpenses. Increas- ed cost of living was di scussed and it was pointed out again that the origi na1 letters of offer set forth the maximum salary at $12000. It was decided that since the Cenncil wished to leave nothing undone in an effort to secure the best possible manager that a night letter be sent arranging for an interview at City expense and an offer of $12000. per year. elron. Kulin - I move for adjournment. 12:08 a. Jr,. (,,: Q - M>PRfJVED'~\ l!J:1'lh (jj. yor - A1 ex Pet rovi ch ATTEST: ... 'C";, [)-( ~, I , ,-, - ( ({',' t /L Beatrice E. Watts - City Clerk S):Scia1 Meeting - January 6, 1960 A s):Scia1 meeting of the Conrnon Council of the City of feward, Alaska, was called to order at 4:20 p.m., January 6, 1960, by Mayor Alex Petrovich. Present were Mayor Petrovich, Councilmen Rupert Kulin, Hans Hafemeister, Neville Hodson, Erma ~alker. Absent were CouDcilmen Robert Zentmire and Elton Jergens. Judge Inspector Hugh F. Hall was also ~resent. The City Clerk laid out the ballots from the s):Scia1 election of Januuy 5, 1960, the pOll lists, tally lists and certificat~s for same and eertif ication of the Jud;Je Inspector for examination. The Nayor awointed Clron. Hodson am Kulin to", ssist the City Clerk in canvassing the vote. Mayor Petrovich asked Father Hall if he had any suggestions to assist the ektors on notice of the three void'votes. Father Hall thought ona,y three votes voided was pretty good and that most electors understand the requirements. Fr. Hall adVised tl1e Council that the Election Board had encountered a lack of information in the ordinance regulating election as to'tl1e requirements to keep permanent registration active and he requested a statement from the Council as to the exact techniques for keeping the registrations active. The Council will investigate this matter. Father Hall advised furtrer that the City does not have a flag required for display at places of voting. The City Clerk was instructed to purchase a three foot by five foot flag with fifty stars. The dilapidated condition, lack of practical curtains, storage problems, etc. of the vot ing booths was discussed and the Myr. asked C1ron. Hafemeister to take care of getting the booths fixed along the lines BUgJested by Fr. Hall. It was also pointed out that a light was needed at the steps and it was agreed this must be taken care of. Clmn. Ho<ison reported that as a matter of record here Councilman Ku1in and he have canvassed t!-.e votes ard the books of record previously accepted by the City Clerk and find1-;everytliing in order. "I herewith hand this report to the Mayor" he said. C1mn. Haf_ister - I make a motion that we accept the report of n,e committee. C1ron. Walker seconded. All in favor. Clron. Hodson - I ma ke a motion tha t we accept the results of the e1e ct! on as correct. One Hundred Fifty-one votes "Yes" to acbpl: He Home Rule Charter. Fifty-five votes "No". Three Votes Void. Total votes cast Two Hundred Nine. Seconded by C1ron. Hafemeister.