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Home My WebLink About1963 City Council Minutes ,-="'\~C :._a~_ ~""r:r;~-._"".::: t..~';.~_~r 2, "/2/):' r"'~(nv::l~i['<, ~JuJ y ,~ __ J,-. J., ].963 re::;uL3T rr;ee t,in . 1 I was manager of thr, A',a!'tmc",:; ,::nd Vi'. ?aiJ.sy resides in a remote" area; that la:;t year th(" <;L.;3CC;S,flf?:O'~, en k e 7 apar::.r'lents was :-;;500; tha~ D.(~ had raised it to ;~150C, ch:lch 'il;::; ir El'::ccrdancC' 'dith a minimum value for any taxpayer on tic(" . ,:>63 n<Ll ',vhere) the <lSj(;ssor made tile a~~3eS5rEe::lt, that he believed thi:3 a f~l.r as:3e;:,3uent anJ r'ecornmended the petition be denied. The Board of :=quali~.3ation eXar1ilV~d the petition which set forth reason for r,?que:;t;ed reduction as beinL; that new furnis:1ings amounted to three l:Jcd~.url priced it,2uS and all items rapidly deteriora- ting and therefore believin~ thE increase from ~500. to $1500. irre~u- lar. Clmn. ivalker - J move that the petition be denied on the T:ara- thon Apartments. Seconded bv ~lmn. Vincent.. All in favor. Clmn. Stockard - I move the ]warinr>; be closeq.. Seconded by Clmn. Vincent. All ~'l favor.if:2C.~~ July 2, 196:; reconveninG of July 1, 196.3 regular meeting: ?olayor Pro-tern L:entmire called the regular meetine; to order at 8:20 pm, J1-11y 2, 1963. Roll was called and those present were hayor :lent-mire, Councilmen Erma :Jalker,ivilliam Vincent, Paul .3tockard; l'olayor .stockton, Clmn. Kirkpatrick and Drinkall being absent. City i,Tanager Harri:liln was present. Mayor Zentmire presented the Certificate of Appointment to the Council to Councilman Paul E. Stockard, who had received the Oath of Office on June 18, 1963 before members of the Council prior to inspection of the new water improvements. Item 2A - Minutes - Hyr. lentmire asked if there were any members who hd not read the minutes for June 3, 10, 17 and 26, 1963. Clmn. Walker advised she had read only through June 3, 1~?t)3. Clmn. Vincent - I would move the a roval of the minutes of the regular meeting of .June 3, J9 80 to ,0 inclusive jecon~od b9'6 Clmn. fap<er. , All in favor. LAde , 1 :5 spec Q me e l,lng, Item 3A - No persons had reque~3ted t.o be heard by the Council. I Item 4A - Public hearing regarding slae of certain City-owned real property - The City Eanae;er reviewed the requirement3 of the Ordinance regulating the sale of real property by the City and recited the de- tails z;iving evidence of the City's compliance with these requirements in connection with property now advertised for sale; that this public he<ring had oeen called for the regular meeting of July 1, lSl6.3 which could not convene for lack of a quorum and '.'125 postponed by t.hose members ,vho gathered on July 1, 1963, to this time, that he had re- ceived no written or verbal requests to be heard at this hearinz;. Eyr. Zentmire asked if there was anyone present \VDo wished to speak on tilis subject and there was no response. He then advised that there being nc further discussion desired on this matter t,hat he would note fer the record that a public hearing has been held on the sale of certain City-ovmed real property as presently being advertised for sealed bid. I Item ~.B - Alaska Telephone Corporation request for ra~e increase - The Tflanager reviewed the several steps ,^Thich have been taken by ATe in pursuing their request for rate increase, including detailed pre- sentation by ATC at the March 7, 196) meetine (See p~. 314, 315 and 316, Item 5H) and the study session presentation about a month ago of ATe certified audit, at which time the City asked t;o receive anS1i/erS to certain questions raised by the audit, and that vIe Ilave answers to some of these questions directly from the Corporation's auditors; also that ]ill'. Lauzon will be leaving due to t'.eal th and the Corporation is asking for Council consideration while te is still here. In answer to the Council's questions, Mr. Ball for ATe, advised that the cash depreciation money item on the audit was not placed in the bank but; has been pl()1iled back into the installation for ne'!T equipment, etc., and referred to the particular items showin~ where it was used last year within the City limits and advised that this was always the situation that it was used in the City or at least in the area; that for instance the 'tTorth of plant fi2:;ure \'Jas :.p87G2. sreater in 19,52 than 1961, callin:; attention also that their cert.ified audi I:. had sho'r/n no discrepancies in the company audit of 1961. Mr. Ball noted that services to the outlyin~ areas do not directly concern this meeting, but would mention the~ as bein3 of beneficial nature to area and that they had been a part; of the use of the cash depreciation .last year - that about ~16,UOO had been spent in the area of Eile J -1/2,Nash Road Sm 11 B ' ported thi c , ' ,a oai; Harbor, I'!OOS e Pas sand re- o program In detail. ' 2( The r:;anager then asked Jr'. Ikll ,a:; =unO'.Jl':. cf aJjed revenue ATC esti- mated the requested rat." increase '^1'O';,ld brin:; in ::md he replied it was estimated at betweec, ~nh, Goe) toiil5, CIOU., to further questions, that most of the planned con3truction would be o~ the 5~ depreciation schedule requiring about; 5-1/2 years to cOiler the program; that the Corporation was prepar(;d and wi] 1 in..:; to a,;;ree to a requirement that the auditted figure~ be presectcd to the Gouncil each year during this time. It was further di3cussed that this would enable the Counci~ to know the increase vla3 being used for the c api j~al improvements. Mr. Ball advised that the Corporation was interested to protect the City as well as itself hut ~hat in doing so it had to look at it from the point of rate of return which included many e)=pense factors in addition to construction. ATe agreed that inclusion of the rate of return figures in the rate ordinance was satisfactory wth them. ~ " Ji',c,S~J __:-1:"> ..--, ... (, ,.:..-:- ~:, __ __ .J..... 7. ee~~~_~,.'_~ t.. 'J_--:l Clmn. Zentmire referred to the summary of proposed cable additions in the planned construction work totalling over ~19,OOO in the City and almost $11,000 outside, that the total program was for about ~55,000 and Mr. Ball advised the balance was for the additions to cenia'al office equipment. In explaining the need for the central office equipment Mr. Ball and Mr. Lauzon went into tdephone practice of not re-assigning changed nmnber until a new directory is published so the new subscriber will not be bothered with calls not for him. The Council questioned closely on this matter toward determining if therein lay relief. A minimum new directory was estimated to cost ~800. The central office improvements were engineered, they advised, to cover about ten years growth, and was a minimum improvement to continue operating the utility in a reasonable manner, especially since it requires at least one year to get this equipment. The Manager asked if they were planning that they would have the rate increase for over one year before the equipment is in and Mr. Ball said not, that their supplier requires payment of 75~ six months after the order and that ATC would like the agreement to read that the in- crease would be effective at such and such a d:te provided the central office equipment is in and the outside equipment has been ordered, and that ATC would give some proof of this such as a copy of a purchase order for the outside improvements, and evidence of the central office being in place. Returning to the need for central office equipment,Mr. Lauzon reported for Clmn. 7incent that they had only about two months spare numbers to assign with about 104 numbers which could not be used until the new directory, agreed that the problem was aggravated by the transient nature of Alaskan population, also described in detail the telephon- ing problems which result from overloading of central office equip- ment, such as noise and delay in getting a call through or a busy signal on a line which is not busy but blocked due to the overloading, and that these were all problems in our City. Further discussion that efforts to fully cover installation costs in installation charge resulted in their experience in loss of revenue; that Mr. Lauzon's salary was included in the capital improvements esti- mates only to the extent that he was working to install them. ~"-~ Z ~.... t:-~ f'#i~ .,... ... J I r . Ii J Mr. Ball called attention to the tax expense item in a year when the Corporation had had no Federal income tax to pay, but explained the auditor's position that the statement could only be prepared in this manner as if Seward to benefit by increased rate of retrn due to over- all loss of the Corporation, that Seward would then have to actually participate in the loss. Mr. Ball explained the major development projedt which was running a large loss in its first months of opera- tion plus no Federal income tax on the project for special reasons .i..J cited applicable to construction year. Myr. Zentmire asked for further questions and there being none, the discussion turned to the proposed franchise. are Ball questioned the reason for asking for a non-exclusive franchise and the Manager advised this was a requirement of the Char tar and normal requirement for cities. Mr. Ball noted that they hadnot encountered it before, realized that if they were giving service no one could really come in and compete, but also that if horns locked and they might not be able to provide service, that ATC would be in a fix. The Manager advised that t'le proG tection of the Corporation in such extreme would be thrOUGh the courts. I~r. Ball requested discus sion of the pay phone requirement in the fran- chise for the airport especially with the possibility of very hi3h costs due to possible vandalism, recognizing the problem, and advis- :kg that the phone", were installed at both harbor and airport, requested 3 the City t.o cOllsider t.akL g \~j)">h: T'(,,;,:;ibJ e':e:1VY lu:.;ses. 'rhis '.'fas rejected. The Manager SU,:0e3',cd '1,'.5 i":;err: j1!o';:,ao:-J 'Qest taken up L, the rating ordinance. Hr. Ba:.J a . ,,;I!. j:::' j t viO"C.ld ,)~: acceptable to define thG service to the harnor ?nJ i;~lS 2.irport 113 3imple iltelepho~:e service" rather than requ".rin ~ :;:Jay v2:,_ephc,ne a,:; th1..;; 1tTould enable tr:em to protect, the service awl t'r..1.S W':s a,~t'eed. . .-' -ecu-- ~r .oe-:, L-l_1.~_ ~:,. ,-:., ..., ,-'. );: Company advised that there were modern niL;ht signalling devices for barricades superior to old method,3, so this to be c:isnged to adequately lighted with approved safety devices. I l-':r. Ball advised that these were the only question3 or suggestions they had on the franchise. Myr. Pro-t,eo asked if it were the wish of the Council to have all members pre"ent for action on this and the rate request and it was, and the Iiianager was requested to proceed with prep- aration of a franchise or:linance .from this draft form. Hy);'. lentmire inquired if the Council was ready to instruct the 0anager regarding the rate ordinance. Cl:nn. li'alker as:{ed ATC if it had any alternatives to tile requested rates which amounted to about 3J,b increase. [,II'. Ball said they were very firm on the full amount of the request '.'fIdeh tIley felt they needed to get a reasonable rate of return, that they felt 8;', was a reasonable rate of return especially for investrEents in Alaska, and advised their tilOUght that the yearly audit was control this. Clmn. li'alker asked if the rate of return was figured before or after dividends and he advised before, and t!t~Yo~iscussed the supporting figures wi~h one report projected witn~capltal imprfreD~ntg resultinG in about 8/1 and one report same rat,es projected '#/5 d:rn~to+tt!ments re- sulting in about 10.33%. I Clmn. Vincent inquired how costs in Seward would compare 'with other Alaskan cities if the reques ted increas e were granted and IVlr. Bell advised that for the Cities of li'ransell and Petersbur~ the rat~s were about the same as Seward request thOUGh they were just --:;etting the type central office ~uipment Seward has had for several years; that the cost of installing and buying such equipment had greatly increased lately so that comparisons with some cities such as Ketchikan,which had made a complete modernization before prices for equipment in- creased s~luch, were not a reliable comparison; to further question that their experience had been that any loss of customers due to in- creased rates would be temporary and that people would be glad to pay for the better service and the possibility of private lines, and that the longer result is that customers actually increase. Anchorage rates were discussed and it was pointed out Anchorage uses zones making comparisons almost impossible, that their installation rates hic:.;her than requested installation rates. Clmn. .valker reauested discussion of the' requested increase at less than 33!~ as she "felt this too much, that from the financial picture, thought it ap!leared the 3eward exchange was holding its own, and thought to ask the subscribers in Se\,rard to finance an investment to be paid for out of this increase in possibly three or four years was too much, noted that Seward alone 1tTould have had to pay the income tax ShO\VTI in the audit. ~r. Ball agrerl the system was hiding its own and that they 1trere operating at a profit but at an amount of profit in violation of the franchise under consideration as in tileir ouinion the 3.4~ rate of return presently being earned by the Seward ex~hange not a. reasonable rate of return. Clmn. li'alker asked \'fhat the rate of return \'fould be at say 20/; increase but I'lr. Ball said that he did not know and would require some time to recompute. I Clmn. ilalker asked if r,herl; was any requirement for a public hearinG on such a request and the IJlana[';er advised there was not. Clmn. dalkeI' said she would like to see one held to get the feeling of the people, Glmn. Vincent agreed and no objection by Glmn. Stockard and Myr. Zent- mire, who noted their views that probably the increased rates requested justified, but also the duty to serve tile public. Clmn. lvalker inquired about a lesser improvement program and Tvir. Ball reviewed the proposal in that it was a minimum unit for the central office equipment and these '/lOrk out that say one-half the in3tallation would result in say one-eights less cost with much of tile installation costs remaining about the same; also tha.t the outside improvements 'Ivere badly needed, that much of the outside plant was not up to their standards and of concern to them, also that partial and patch\vork im- provements were largely responsible for the proposed expenditures now. ~lr1n. .3:tocl~ard asked if it would be reasonable to consider say a 25/; lncrease wlth the improvements amortized over a lono:er time but l',Tr. Ball w 4 ~CC~:2r ~.=ee~~~'~ :~:y ~, ~ ,.-.. ,-:.. ') portested this appr,:,;"C:' ,,0 f'a'vl:;,;, ad'v:_,; ir:g t'13t they are bound by the Federal regulatory ~)odr c;c ace;)\! ,L Ol, a rate c1' return basis, and that increased rates affected many axpen68 items cluch as maintenance costs, traffic and connecth,r,s, corrUT,;;~'(:Lll e:c~)er13e, taxes; suggested that the discussion return to what Gila Council felt was a fair rate of re- turn. The Manage~ sugse3ted tje possibly the Council is willing for the entire $55,000 I'roje:L to be done, but possibly desires the Com- pany to go more slowly; however, }x. Ball advised this really meant doing without either the inside or outJi<le improvements and that one without the other would not "lla'~{:; any improv'oHnent to speak of, and that the over-all cost by goin3 slowly '.-wuld end up to be much more. The Manager suggested that maintenance costs should go down instEad of up with improvements, also that there would be a growth figure resulting from the improvements, as well as normal apparent utility growth which the electric utility for instance figures at 5/;, both of which should be taken into consideration. I,ir. Ball inquired of Mr. Lauzon if he thought there was any way at all that the ours ide plant improvement could be reduced and he went into it in detail to explain a possible cheaper method, explained also the reasons why it was not recommended since it would not permit expan- sion based on it, deteriorated rapidly and cluttered up the air with superfluous lines. Myr. Pro-tem Zentmire advised his oplnlon that this matter should be settled, with more members present, that he agreed with other members that the increase might not be 33%, but should come ~o a definite de- cision, and no objection to public hearing; asked Mr. Ball if he could bring reports on costs of various segments of the improvements and amount of anticipated revenue increase from various types of services. 11r. Ball said he could do this, bu~ felt the Council would charge hi~ with staying on the same old horse since this improvement must be engineered as an inteGrated thing and the proposal is a pretty mini- mum improvement so that over-all costs were not going to be much changed by changing components and actually over a period of time cost more for the same amount cf improvement. tJIyr. Zentmire advised that he thought it would be well for all these details to be brought out at the public hearing so that the public may understand. Glmn. .\Talker requested it be more clearl:r set forth that the $10,711 cable improve- ments outside the City limits is not part of the City's $55,000. improvement program. IvIyr. Zentmire asked if any ob,iection to a public hearing at next regular meeting and there was none. Item 4C - Third reading of Proposed Ordinance No. 323 regulating use and ffees for use of City dump - Ordinance was read by title and num- ber. Clmn. walker - I move for adoption of Ordinance No. 323. Secon- ded by Clmn. Stockard. All in favor. ORDINANCE NO. 323 AN ORDINANCE REPEALING SECTION 10.002(e) relatinG to the disposal of rubbish, and REENACTING SECTION 10.OC2(e) establishing responsibility for dwnping rubbish in any place other than that designated by the City in the City Dump Area. THE CITY OF SE:IARD, ALASKA, ORDAINS: That Section 10.002(e) of the Seward General Code be and the same is hereby repealed. That a new section, desiGnated as Section 1~2(e) be enacted as follows: (e) Industrial or building wastes, tree and yard trimmings, dirt, rock, gravel, junk cars and like material may be hauled to the City Dump without the securing of a permit or the pa~nent of a fee, provided said material or rubbish so enunlerated above may be dumped in the place marked and designated by the City and in no other place. Any person who shall dump said material or rubbish in any other place shall be subject to the penalties set out in Section 10.110 of the Seward General Code. Publication of this Ordinance shall be by posting a copy hereof on the City Hall bulletin board for a period of ten days following its passage and approval. First Reading Second Rea.ding Passed and approved by the City Alaska, this 2nd day of July, 1963. June 3, 1963 June 17 106"< I , "'.-" Council of the City of ,seward, ~'\:' Z .-.; -~ '-, rr: ---; I , .,. -1 " , r, ,"'....., P.e[;ular ~'~cc~,iYl"': ..JU.L] t:, _~'> .J) F ~) Item /j-D - Second reading of Frcposed Crdinance : (i. 32'1' establishinJ; el("otric rate3 'das read b:' tit.le and num;Jer. Tree ;:;'anager advised t!-lat this document bad beeYl sent to}rande ':' '::0., the Electric Department 30ndin; Company and not askin~; their approval but j1Jst sending it. I Clr.m. ;ialker advised that she hated to S'3e any category of electricity consumers gettin; a rate ;increase and that these rates would, of course, be an increase of :1'1.0C per J C}() {.vE after 1000 :C;[-l in the, domestic "All cate"ory and an increase of .~1.CO per 100 K,JH after 800 KiM in the Domestic "AAll category; that e~erybociy tnouEnt sft.er hydrc- pO\'ler that at least the rates would not ;0 ur: any more, and intere3ted to know hew many consumers would be hurt by eliLlinating the 27: rate. The ~anager reported that after going into t~e electric rates and the audit and learr..ing that it cost more than 2i: to produce electricity that he had been careful to speak of a rate equalization rather than across the board reduction, that it 3eemed unfair to sell these users electricity at a losing rate and believej people could understand this; by referring to the rating data, that the numbers of,use~s in th~ ?,v~r 1000 KIJH llAI1 category very few and not so very [;lany Ul tne over \lOU ruM HAA'1 category. Clmn. Vincent - I would move that \'fe consider this and approve it as being the second reading of Ordinance No. 324. Seconded by Clmn. 3tockard. All in favor.. I Item 4E - Evaluation and decision regarding award on .fater Department materials for Jllarathon chlorinator and lOll line to Halibut Producers Cooperative. The Mayor noted that these two 3ets of bids were tabled last meeting for evaluation of funds. The Manager reported that the si tuation \'fas that the City just had to do I'f-arathon chlorination be- cause it had promised the Government it 'tlould as a cendi tion of secur- ing the EHFA financing for the project just completed; also that the HPC line was needed to keep that plant running; but also that he be- lieved HPC was using about one-third of our water supply right now and that with their practice of letting hoses run as they do Wlat he will be bringing a suggestion to the Council to put a meter on this and other large users to get data on correctness of present water rates, and no doubt be bringing a request for water rate adjustments. The blan- ager continued that if the Council grants increased fee to Tryck-Nyman that the ivater 'Department borrow from the General fund until it can cover these amounts due it. The Nanager advised that Mr. Nyman had gone over the bids with him and had pointed out that Item No. 12 Imllace Tiernan bid clearly states that it includes the scales which are bid item No. 13 and 't[hich makes that bid low, and also that Burhans Sharpe included some of t.he con- trols for the system which we already ha'/e; also that ,vallace Tiernan :is the cO!!1pany which can vfOrk wi tj1 the HoneY'llell people iY1 tyint; in the completed project. The !\lanager recommended Pacific ,vater ,yorks Supply be awarded Items No.1, 2, 31 4, ), 6, S, 9, 10, 11, 14 and 15, point- ing out that there is about :;53.00 difference if a few of the fitting t~Tpe items 'v'lere to be awarded to R. D. FO\^ller Co. but did not thinkit fair to ask them to supply these few small items; recommended Item No. 7 to Burhans-Sharpe Co., Item No. 12 to ;lallace .~ Tiernan Inc. as bid, and Item j\To. lJ not to be awarded. On the 10': water main he reconunened award to Johns lViansville on all items as they were ~1.10 low on the major item amounting to 90;; or more of the total and ,~3 .14 low on the over-all though they were high on one of the items, that again he did not think H. D. Fovller would want to supply this one fitting; recom- mended all i terns be il'.-'larded for immediate deli very. I Clmn. Nalker - I would move that the I"ar:lager's recommendation be Sccepted and that the aI'lards be made to viallace .7,: Tiernan for Items 12 and 13 combined, Burhans-Sharpe for Item 7 and all others to Paci- fic~'later ,vorks Supply Go. for the IcC;arathon Juppl y; and I would further move that the award for the 101; water line to Halibut Producers Goop- ~rative be made t'? Johns Eanville for the asbestos pipe and fittin.6L ill-j:he amount of ';>),990.40 on the latter part. Seconded by Glmn. Vin- cent. All in favor. The ~anager reported that the concrete is being poured for the Eara~hon control house}, chlorinator and that the 1011 pipe on hand is being installed. Item 4F - Evaluation and possible award of bid for 1963-64 fuel oil needs - as requested the TJIanager reported the findin2's of his inquiries t~at the.bi~ reseived is lower than the going price ~ for furnace and ' dlese~ 011 ~.19? per gallon compared with ~.23 going price for both suppllers, and.<p.205 bid for stove oil compared with ~.21 going price for both suppllers, and would therefore recoITilllend award of this bid. {" n 7egu:ar meet~ng ~u:y _, ~~63 ~\~i Z Clmn.,Yalker - I would move that the award be made for the fuel oil to the Ray Andersen dba SewarclfDistributors bid. Seconded by Clmn. Stockard. All in favor. ........, - "... ',.,.... Item 4G - Tryck-Nyman & Associates additional bill for water improve- ments project engineering - tile Manager suggested that this might be an item wherethe ~hinking or action of the entire Council might be desired and that he was certain that Mr. Nyman is not pushing the Council for a decision. Clmn. Stockard - I would move that Item 4G be tabled~ Second~d by Clmn. Vincent. Al~ in favor. Item 4H - Discuss the status of Fi.re Station Application for Accel- erated Public ,yorks Grant, and Civil Defense funds - The hanager shov'led the design which the CD engineer had made and the City's Arch- l itect had incorporated into the fire station plans, which he advised amounted to a real thick concrete wall all around the basement to protect this emergency control center; advised that CD has basically approved our plan, that they \'lould be in Anchorage and the 1'1anager is to go there to coordinate this; that today confirmation of the funds on hand for this had been received and that the allocation had been made and CD promised no holdup. The Manager then turned to the AP~ portion of the fire station and advised that it had been a little on and off with HHFA, but that Congressman Rivers helped out for this project and we now have a firm confirmation on those funds also. He continued with report that this project could not be delayed at all as a fire station this season a necessity and the architect very near final plans, so that he had been very firm with the Government that this had to be moved fast, that he is shooting for asking the Council for approval to advertise at the next meeting and to have the basement and interior plans for the Council's approval at that same meeting. He then turned to the Public Works Building, reporting that HHFA wants the City to change the resolution to set it up for this year's work, but that he would like to have these jobs done separately, this being better scheduling for his office and also thought it better not to spend all the municipal capital improvements money this summer, leav- l ing some for the early spring next year. I Item 41 - Request approval for insurance plan for employees - Proposed Resolution No. 319 - The Resolution was read. The Manager advised that it was based on the Federal authorization type form , that this would enable the insurance company to accept the application for the insurance as signed by the IJjanager, that the insurance company would immediately bind the coverage on the basis of the quotation forwarded to the Council. The IvIanager advised that the local agents have been meeting and working on ti1is and have advised they cannot meet this coverage and ~rice in the time limit, but that they would like an op- portunity to quote on it next year. He pointed out that the cost of this plan was ;~2.45 more than the original costs quoted per month per employee and would require an increase for that budget item eventu- ally. Clmn. Vincent asked if the Manager thought the employees con- sidered this a wage increase and if they might expect a wage increase next year and the Manager said he had explained to the employees that this was in effect a tax-free wage increase and very good business for the employees and they understood this and were all delighted, and believed the Council had accomplished its purposes as discussed several times in giving this benefit to all employees and not just one depart- ment. Clmn. Vincent - I would move for the adoption of Resolution No. 319. Seconded by Clmn. Walker. All in favor. RESOLUTION NO. 319 BE IT R~~OLVED that J~1ES w. HARRISON be and he is hereby authorized to execute an application to Occidental Life Insurance Company of California to bind the said Company to insure the employees of the City of 3eward and their dependents, for various life, hospitaliza- tion, loss of income, medical, etc. coverages as set forth in quota- tion dated the 25th day of June, 1963, and to thereby bind the CITY OF SEl{ARD to pay the cost of said insurance based on the rate 0.:fD Twenty-four and 19/100 (~24.19) Dollars per employee working not less than thirty (30) hours per weex, of the City of 3eward, and he is here- by authorized and directed to furnish such information as the Company may reasonably request in connection with the application. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved 0" The Common Council of the City of Seward, Alaska, this 2nd day of July~ 1963. iJil"'"'~ 'f Item 5A - Applic". tiO:l foc." 1::(;~L:~~:~~il '''lppl'O\/:i~L .-flcr 3c-'darJ ':]oncerL AS3l ~~- iation Apk='licatil n fur P-~rrc_~'~l. fOJ' ~').utLor:'_~(~d ,}arne3 (If Ghe.r1ce and 61 :.11 _ thr:~ Council re\i(~iff(~d t C' annliC,3.1~ior! ':.J}u~r(~in \va3 set forth the i1 -~ l'Y'OCElPrl" ~""., tended us es of t ~"'~ ectl1~~ \H:',f\'~ll aid cuI t', 1}l' a 1 purpas es. Clmn. Stock:; "'d- I ,,{Quld move tna':, VIS apl:lrC'J(~ "the applica';icm. Seconded by Clnm. V~ :t- cen~~ All in fa!or~ .C~;lJ.=_ ar , se..l.... 'J: : 11 -7 t,.. v ',J 'J ~ C ;.,)- ., - "-" I Item 51:3 - l,;:ayerf~) appoi::1i~ment:::; fer Counc~,l approval, one vacancy Ci-:.y Council's representative to AHA ana two vacancies on the Planning Committee for EmerGency l,:anat:ement of tl1e Port of Sa/lard - The Iiayc,r's appoj,ntments ',Iere read Ei,] fa 1101tJS : Clrnn. Erma'jvalk er, Counc il' s rep- resentative to AIlA; end ':::01. .lilliam Vootmeyer and Fr. Re8se Jonest,o the peEl':. It VIas di5cus:;ed that Clmn. 3tockard ,-Jas aerving on ARA in another capacity before becoming a Co~ncil member and that he mi~ht serve in both capacities. Glffin. Vincent - I would move for the approval of the Eavoris recommendationa. Seconded b'~; Clmn. Stockard. All in favor. Item 5C - Receive deed fo~ property from j,Ir. Leo nargules - Counci~ authorized the ;,ranagor to file this statutory 'ldarran'~y deed by which Mr. Margules ~ives the City the Northern Lights Kini~G Claims South and :vest of the City. The I,Tanager advised of Hr. Ear;ules desire to have a plaque placed on the site corr~emorating these events and this and appropriate ceremony were discussed. The Manager requested thought be given to quietin~ the title of this land and the 3re',mell Homestead. I Item 5D - Preparation of Certificates honoring guests for the Fourth of July celebration. The Manager advised the Council of those digni- taries 1tJho would be present and the Council advised l1im to proceed. Item 5E - City Manager's report il~he Manager advised of the meters on the boat moorage floats available for boat owners to buy metered electricity, that he had been thinking of this being turned over to the contractor but now wondering if this might not set a dangerous precedent of letting someone else sell electricity; that there is one pluE; where they can buy electricity by tile day and 1tJhich is now being administered by the contractor. Clmn.:valker recalled this had been mentioned briefly once before and agreed it, could be a problem, it was agreed the City continue administering this metered selling on the floats and for decision with contract. (2) That the C of C of Anchoraee had unanimously gone on record favor- ing a marine railway in Se1tJard rather than Anchorage, and the letter to them from the local C of C was read. The Manager advised ~hat he understood this 1tJas the direct result of recent pledge to help each other where not to the detriment of their own city. (3) Have the Judgment on the 1962 Forec~cosllll'e List ""hich Deans the time be~ins to run on the one year for redemption. (I!-) That the Seward Hot Rod Association has met all the requirements of the Council per the special meeting of June 10, 1963 though the written documents for insurance through the Smith Agency, State Highway approval and Swappers Club responsibility are to be delivered to him the next day - that the Association has taken care of arransoments for ambulance and fire truck to stand by, etc. I (5) Requested the Council to give some LlOught to the fact that it has just come to his ~tention that the group of electric customers out the highway and living in the Forest Reserve have not boen billed sales tax as long back as we can see, and some evidence that this started due to being in Forest Reserve though he could not see that this was a valid reason for no~ cllarging tax, that the sales ~ax ordinance is typical in t,his re::;ard and says that the sale take,o place when the cus- tomer comes to City Hall and contracts fer electric service; but that before commencinG this tax he would like trle Councj.l';3 thOUGhts next meeting if aGreeable. (6) Sen. Bartlett's June 1], 196] letter and enclosure of his June 6, 1963 letter to the President of the Canadian National Railwavs promoting Se,'lard as a port of call for their tourist vessels, Vias read-. Cowlcil requested the I\;anager to write both the Senator and Canadian National Rail1tJays in this r8gard. (7) That we had some letters of repl'.r on the inquiries roO'ardinc' 1. '~' r> h J, c> b e,lmlna010n o~ ~ e personal property tax - rather lengthy and 1tJould tnerefor copy and 3end to the Council. He advised t:l8,t he proposed to place thi3 ::Jubject on the Loat;ue Convention prograrn i.f possible. S ~i.egu~~;}r ~'-ee~~in,:.; L"'U:_~T i~ep-~-S'Ir'~~eting July 15, lS'6J (8) That further ~o th= report ~Iat t~e 0chools did not need the r~nain- in:o; .)>14,000 of the .X;.+,C)~'~;. clairn('.d for close of year expense, due to various amounts due fro~, the StE.te and Federal Government corning in; that the new Su~erintenjen~ had conferred with him today and would re- port to the Council as soon as he had the figures together and "rill cooperate with the City fully ir the matt8r of financial statements, etc. ~; Z -, -- I"'"' d~ (9) That we have gathered toeether the records on this claim of Harstad S:; Associates, that the TJIayor was going to talk with the then City r'1ana- gel', Hr. Boardvfell, to see if hE, had any details not in the record as there is nothing we find in the record which sets forth any complaint, only that the City Electric Department was broke; that as soon as the Mayor is back these things will be reported to him, and in the meantime, if the Council has no objection, he \vould try to see rr;r. Boardwell the next time he is in Anchorage since the Tlayor will be away several weeks. No objection. (10) Reported one quotation on the lumber for the dock at Small 30at Harbor deck and a second promised next week from the other mill. Council advised to wait for second quotation. (11) Requested permission to attend the administrator's school on I' fires bein~ offered as a short course at the University of Alaska and to be paid for by Civil Defense funds as it would be basically disaster related fire administration study. Courses for lS'th and 20th and Council aut:10rized. Clmn. ~iTalker suggested he try to promote some short courses to aid elected officials in their duties. (12) Asked if members receiving or would like to receive Congressmen's I,Tewsletters, which if received by Council, could facilitate his own reportinG and agreed the City vrouLl request these for Council. (13) Requested permission to prepare a letter with the T/Iayor'" name typed or the Mayor Pro-Tern's signature, invitations to League Gonven- tion, that it is necessary to get out one official letter right away so pe:ple can be planning, that it should be ,;eneral, but specifically inviting the ladies. He advised that the League Executive Director has provided the League mailing list, whichis also available for mailings by the trading centers, that the more interest created, the more people will come. Clmn. ~'lalker asked vIhat was being done to co- ordinate details ivith local groups and he advised it i'TOUld be quiet until after the Fourth of July, that Mr. Berry is working out most details, and he described the plans to date. (14) Clmn. ',valker inquired about progress on the basp-ball zrounds at Fifth ~ Madison and he advised no work done yet but planning as soon as possible for this suwner's season. Clum. Vincent 1:15 a.m. I move for ad:iournment. Seconded by Clmn./{alker. Attest: Appr,oved: ;J; /:.'11/' .' }/l(T~:( p~~ l:Y/j' . ::J Lv\...k torr- Eayor'f'r'c -re h1 aJ/;;;r~, ~ ~L6:- Beatrice Z. Ilatts, City Clerk-Trease - Reguia~ Meeting Juiy-15, -1963 - - - - The regular meeting of July 15, 19~3 was called to order at $:05 p.m. by Mayor Pro-Tern Del Zentmire. Roll was called and those present were Mayor Pro-Tern Del Zentmire, Councilmen dilliam Vincent, Richard Kirk- patrick, Erma Walker, and Paul Stockard arrived about 8:07. Eayor Stockton and Clmn. Hal Drinkall were absent. The City Manager was present. Item 2 - Bid Openin~ - real property as advertised - Tabulation forms were presented for the City Clerk to make record and for the Council and member3 cf the audience. The sealed bids were then opened and read aloud by the City Manager, after public notice that the bids were all properly received and in the proper ti~e limit. (See Item 5A.) Item 3A - Minutes June 10, 17, 26, July 2 regular and special - Myr. Zentmire asked if any member had not had opportunity to read the June 26, 1963 minutes those being the las t submitted. All had. Clmn. i{alkel - I would move for approval of the minutes a3 submitted up throuv,h June 26. 1963. Seconded by Clmn. Stockard. All in favor. Item II- - No persons had reques ted audience wi th the CounciL I I I ~.e~lJ.=_;l.r ~~0e"~=_~~-= t.."'u=_:r ~_~~" ~_(,)- g Item 5,1. - Evaluation and awa,l u:' rei: 1 pr()per'~.' ',tids - Resolution No. 322. The Eanager re c,rt.,d t.a t Gcou~'.j ~~ (.ll/'~ "f' Lot 1 and ','Il/2 of Lot 2 Bloc'., 2') Or;"'l'n~'i 'l'c'T''''; ,,\ '1"'(1' (TO' IS T010('1. 'l() C '" ) had 'opC"n ,.-. 1\. "'_' LG _ct... j'I.,L...J..1.._.......; Cl... ' I,.LJ"J ';) .J." ~:', /...., .1.. '-'~... withdrawn due to rep',rc'lase <r -:-he o'l'ner at tir,'; of foreclosure by pa:r- ment of all taxes and. charge 3 again::; 1- t;w proI)sr:'J under the RepurchG.se Law, that no bid had been re':ei'Hd or. Groups L, j,:, N, P, Q, Rand 3, ,hich to him indicat'u le,,;:3 Lntcrest and value t:li:m he had anticipated and therefore recommended ac~ep,jin0 each high ':)id. For the record, where more than one bid was received on any one ~roup, the bids are herein recorded as follows: Group ~ .~lci7.50 Harry E. and Fern Bur~e, ~51.00 Roger ,'10 ods ; Group H :p15C:;. CG Virginia Fyles, .plOOE-. 00 Aaronilklund, ~235.00 Ruth Connolly, ~719.72 ~1itchell Faulkner; Group 0 ~100.00 Charles E. Cole, 31'., '1;77.50 Larrie ',voods, .)515.00 E. L. Erickson; Group U <j.l187.00 Larrie ',loods, '';;30.00 Oliver Amend. See below for contents of each Group and for hi~h bidders where single bid per Group. Also, bid on Group D incorrectly read as Group E and 00 recorded in Resolution No. 322, then at close of Item 5F, bidder reque3ted reVie'll ',[hich disclosed error and motion was made correcting. Consolidated in this record. RESOLUTION NO. , ,).) ./ <-",~ .VHEREAS the Common Council of the Cit" of 3eward has advertised Invitation for Bid3 to 8e opened 2t 3:00 p..m. on July 15, lS'6), for cer- tain real property, and Ji}!.IEREAS said bids have been received, opened and evaluated, NOd, TI EREFORE, BE IT RESOLVEil, that (1) the Sl!Jarate bids of the below listed persons for the property described opposite each name or srouF of names as set forth cn t:1e bid/::;/ are hereby acs'}pted, an'l (2) upon payment. in fun. by cacIl bidder/sf of tile belO'.r lis tad bid price;;; and any o~her amonn t3 vIhich may be due and/cr delinquent a,:,;ains t:. t:1ese properties for sewer a::;:jessment, said pa:ll"ents to be ,,,ada in t[lC manner set forth in the Bid Specifications for this sale, ~ha City Eanacer and City Clerk are hereby instructed to prepare, si~n and deliver to each successful bidder/sf a Statutory Quitclaim Deed inc.he j"~'rn' advertised for conveyance of properties awarded in tl',is sale. 31.] Group Description Price :Jame A Consisting of Lot 27 in Block 12 of the Original Townsite, Seward Alaska <j.l Dale I. Piekett 10.GO and Jean L.Pickett B Consistin6 of all of Lo~s 29 and )V in Block 12 of the Original Town- site, Seward, Alaska 40.00 Dale I and Jean L. Pic}{et~t C Con3isting of all of Lots 33 and 34 in Block 12, of the Original T01tmsite, Se"Tard, Alaska 100.00 Dal e I. a;'ld Jean L. Pidcett D Consi3tins of all of Lots 35, 35 and 37 in 31oc~ 12 of the Ori~i- nal TO'.msite, 3e\'lard, Alaska ~ 200.00 Dale I. and Jean L. Pieket~ F Consisting of Lot 5, in Block 24 of the Original Townsite, 3eward Alaska 225.00 Duane K. and Janna G. LeVan ,4 .J Consistins of Lot East 1/3 of 40 in Block 25 of the Ori;inal TO'l'ln-- site, Seward, Alaska IS7. ~;O l',aYTY E. and Lorrinea rern Burke H Consisting of all of Lots 1, 2 _~ 3 in Slock 27 of the Original Townsite, Seward, Alaska Virginia Fyles 1505.00 I Cons~ ting of all of Lots 27 and 2e in Block 3C of the Original Townsit.e, Seward, Alaska 401.00 Faith Chapel J Consisting cf all of Lots 2~ and 30 of the 310ck 30 of the Original Townsite, Se'ilal'd, Alaska 401.00 Faith Chapel o Consisting of Lot 6 in Block 9 of the Cliff Addition, 3eward, Alaska 100.CO Chas. E. Cole, Sr. 10 ~egu~ar ='Ce8~~nz :U~y :~, ~S6: !",,'") ,~r: T Gonsistins o. 16 in Block ' tion, Seward, an of of the Alaska Lot~; 15 and Bayviev'l Addi- ,.} 't' .::0.00 Oliver J and Gecelia rJ:. Amend - , 11': U Gon.:;isting of all of Lots 21, ;::2 and 23 in Block 2 of the Bayview Addi- tion, Seward, Alaka H~7. 00 Larrie O.,{oods Publication of this Resolution shall be by posting a certified cupy on the Bulletin Board at 8ity Hall and at the Seward Post Office, Ni~h a notice of the places of posting and a brief statement of the purpose of the Resolution to be published in one or more newspapers of the City, all in accordance with Ordinance No. 315. Passed and approved this 15th day of July, 1963 by The Common Council of the City of Seward, Alaska. 81mn.Walker inquired if anycomparison had been made of the bids and the values placed on the various properties by the Council for its purposes. This had not been done but was reviewed at the time and indicated a number of the Groups vrere bid at I ess than the Council's figure. Clmn. Kirkpatrick - I move for approval of Resolution No. 322. Sarmd- ed by Glmn. Vincent. All in favor. This with Group D bid against Group E. See above. Glmn. Kirkpatrick - I move that the Proposed Reso- lution No. 32 be amended to include a bid of $200.00 on Item D in place of the mistaken Item E. Seconded by elmn. ~alker. All in favor. Item 5B - Public hearinG on requested increase and equalization of tele- phone rates within the City of Seward - r~r. Jerry Ball and Mr. Paul Lauzon for Alaska Telephone Corporation presented in great detail for the Council and the public the financial condition on the Company as set forth in the recent audit, the needs for proposed capital improve- ments program including the technical aspects of the type improvements planned as well as the locations, as presented to the Council July 2, 1963 (See pg. 1,Vol. 11, Item 4B) and March 7, 1963 (See pg. 314, 315 and 316, Item 5H)as the reasons why Alaska Telephone Corporation was asking for a rate increase and equalization. 'rhe plans and alternate proposals were discussed in detail with the Council and audience. A document of sun@ary and explanabion, as requested by the Council, was presented by ATe and made available to the public. Clmn. Kirkpatrick requested clarification on whether ATC had more re- quests for phones than they could supply and if they had had ~rowth the past year. I,;r. Ball advised that by employing practices which are not sood communications practices they had been able to supply all re- quests except for certain private lines and that the growth had been about 20 phones last year. I~yr. Pro-Tem Zentmire asked if there were to be no incregse i~,~he {ates as requested vrere approved until the final improvem~~e;~~~~ijrMide and Mr. Ball said this was true, that they would like to put in the outside plant right away and by that time would have spent the major share of the total costs as the suppliers like to ~et the major part and be paid in installments before delivery, that by four or five months to show their good faith they would have most of the outside plant installed and would have paid a major portion of the other, if those rates were approved upon those conditiom. elmn. ilalker noted that the increased rates requested would be used about 75/~ for rate of return and that she still could not understand about the income tax figure shovving when there had been an over-all loss and no tax paid, and that if this expense was not shown then the rate of return would be different. Kr. Ball reviewed the reasons for the no tax year, the tropo-scatter system built through B.C. and ending up in Port Angeles which had occupied the yea~ as construction with no revenue earned and now losing money at about ~20,OOO per month, that Seward did not share the construction or loss and therefore the auditors contended that it must show a figure of what the tax v'lould have been, agreed that it was only a bookkeeping fiGure and did affect the rate of return figure, but contended that 3evrard had to be asswned to be an operational entity showing a rate of return based on the investment in Seward and Sevrard expenses and that this is the only basis on which a certified public accountant will give a certified statelnent under the Government regu- lated accounting requirements. This .'la,3 discussed at length and I"Ir. Ball agreed that this accounting did affect the stated rate of return and that the over-all corporation swimo;s and balances ta:dng an overall loss or an over gain, but that they cannot aCC0unt in any other way, that if Jeward is to benefit i'rom the tax rebate then it would have to help pay for the loss. This was discussed in detail. The Ti[anager asked ~egu~_ar ~ .e8t~.nc (~U~~y ~~:, ~~.~!U~ 11 if any body resul3-tJd t.:18 r3te of ret'1rn (;11 ",:J:: over-all corporati,,;,n nnd I~lr. 13al~. ~aid n\.jt, ~~hat t':le~r reLt~.~u ucst~~.J 'So- the Federal Gove.~n- ment ::mt no one re<s)lat.d t'iat rate oj' 1'et,urn. IIII'. Sol Urie spoke in favor of' :~he Counc'_1 g,:oant,in~,; ATC the reques ~ed rate of return for ..:;erv:'cce rendl]red, ,10tinG '~Lat; he ,::as a part tiWJ employee of ATe through the ACS and night serv~ce. I To I~r. ,'layne Heinbau:;h' J questiol13 Er. Ball advised tJat this incre'lse was not to finance direct dialing on lonJ distance calls, that this was being negotiated between ATS and AC3, sclleduled for about three or four months, and should result in lower costs of cperation thou~h involving the use o,f in:Jtalled expeE:3:],ve equipr1l8nt; tIlat there "rould be the auded benefit of bein::; albe to ca:l le'fie di3tance station to station vrhere nO',T all ::;uch calls are per:.;on to person. The City Manager read a letter dated JuJ.y 15, 19~3 from Mr. Alex Petro- vich favoring approval of the ATC request for increase based on fair arbitration and substantiating information. Mr. Bill Lantz expressed concern that a 33-1/3~ increase mi~ht cause loss of cU:Jtcmers and I'll'. Ball reviewed tileir experience in this re- gard as reported in the earlier meetings. Mr. Lantz asked if it mi~ht be developed that a lesser increase would result in less ta:c where such savings in tax would result in lower rate and still reasonable return to the Company, also that this request actually amounted to more than 33 -l/yi since the taxes \'Toulei be further increased for e:ccise and sales taxes. III'. Ball agreed that taxes based on income and revenue were bound tc increase when 1:,:lOse items increased bUl~ could see no way to avcid this. I,ll'. Hans Hafemeis ter ques tioned resardin:::; the type improvements planned outside and the need and advised he was in favor of tile requested in- crease tc assure quality improvements. I Mr. Seely Hall also wanted to know if these improvements as desi~ned would correct present telephoning problens such as getting a busy sig- nal when the phone not actually busy and upon being advised that it would, expressed his approval of the increase. Clmn. Walker recalled ATC comment that without the full 33-1/3~ increase they could not do the whole i!nprovement and vrondered if t;1e inco;ne tax were lower if they could not then do the whole improvement. }ilr. Ball said if this happened they would prefer to review rates in such case rather t;lan hope the ~axes will drop in order to do tile il1lprovements, that actually if the lower rates labelle,] lIo. 1 h&d been ,~ranteu a feV[ yeo.rs ago that the ':;ompany ','Tould be heal tlY and would not nov: be talt:illg about the hi~her rates. Mr. ,:Tal tel' Blue asked if the subscribers would receive back the 25/: of the reques ted increase whic:1 would filance the ilflprovements but I,ll'. Ball said not, would be needed to maintain the rate of return on the improvement. Mr. Blue advised that he thought the Company should proQ- vide its oym capital and r:;r. Ball a.greed but thou,,;ht this added rate was just a little on the 'lfhole investmens. Tho t::eul'J' cf raU: of rct.urn accou~tinG was revi~lcd and to further question from the audicnc~Kr. Ball said if the rate of rEturn rose abov>::; say 7 - S'.~ that ATC would t t ' t t' ~ '] ~~, ,. '" d' ., ;'1an 0 oea ,:,ne vounCl.. va ,~[je a:3t::ln-::; Lor 2, re' uctlon, aS3urlng tnat they were not desirous of an excessive rate of return. The proposed rates were compared with oilier Alaskan cities as being very close to the same. I T'.Irs. dayne Heinbaugh quos tioned re,~ardin,:; intertyin~j of the in City and out of City rates and capital improv!J.;;ent proGrams, to ""hic;h ];:1'. :3all advisedtr.pt the rates, pro:;rarns and plans Here "eparate. Looking on at the agenda, the Council took up Item 5C - Proposed aeso- lution No. 321 re fr;mchise and is 'Jas a!?;reed ti1at this vms "rrowclv listed and should bo in Ordinance form. 'Clmn. Kirkpatrick - I m~v~ that the City [.laC'lager be ins i:,ructed to dra\{ up an ordj.nance cc vering the franchise between the City of Seward and the Alaska Telephone Cor- ..Eoratinn. Seconded ~T Clrr~~ S~oc~<~ard. The I\iall~t.3er poirJted out -t~:lat C1 tentGtive ordinance is dra'dn up for thi3 pur~JC.'3e and the rra:lchise 01'- dinarcce ',rill be drawn up C1n trial, ba:.:>is as pre3ented to til::: CounciJ approximately Glree months ago and then per Council reques~ submitted to ATC for their thou:C;hts. Vote - All in favor. Item SD - Proposeu Resolution No. 325 for new rates also incorrectly ...... -, ,-. .....,. 12. .0~:.:..L"~:.:= ,.';.~. .'J' llsted on agenda - Clm) !-5~~'~:p8,[,:~':LC-; - I !:love that the City Iv:anac;er be j .'lsc.ructed to prepare a: c,l't.J.Ln(jj','.'<3c:'c CClI",r a rat2 increase on the !-laska Telephone CorpoC',':<.~,.u!D.._ill_J in..:. wit,h thE: PrcC)osed HatE)s presented ~c. J and Total Propos::';! Additis;:n 3.!ld :.e'.. rate ('freturn of.7.15;~ to be effective Januar{ .2, 1:;64-. .s'o'~ed hv C:.1Ln. Vincent. Vote- Clrlln. Vincent Yes: Clm:. :L.J:'kpa.,::ic'S Ye3; Clmn. ':l31ker No: Clmn. :tockard Yes; Eyr. Pro-Tem 4ent.li~re Yes. .~ "'. \,,: :z -, (~..... d_ I ten; 5E - Propos ed Resc.}1:, t.:.an :ro. :\ ,(;, re-appropriating unexpended rortion of 1062-63 bud~et far painting of Hospital and increasing 1963 -61+ budget for this item. T;le Lmager explained that; this budget item was planned to be expended in 62-53 and the invitation could not te prepared intime so tIlat he v,a:; asking the Council to re-appropri- ate this item. Resolution No. ;?J Vias read as fellows: (Figures in- serted later.) RESOLUTION NO. 323 AEENDHIG RESOLUTION NO. 317 and NO. 265 BE IT RESOLVED that ,~2, 150. 00 of the unexpended funds budgetted fo~ Hospital Paintin~ and Roof Repair, Account No. gO.416 of the 1962-03 l\':unicipal Budget and wr-dch sum is included in the Estimated to Actual as of : June 30, 1963, but v[hich is une~cpended as of June 30, 1963, shall be and is hereby re-appropriated to the same Account Number in the 1963-64 Budget, thereby increasing Estimated Revenues~- H!iJ; and Expenses as follo1;'[s: ::::: Opening Cash * Total ~unicipal Code NOh From $ 71,500 469.479 To :p 7),550 471.629 Pevenue (*Both Detail & Su[@ary) TOTAL AVAILABLE REVENUE %9,526 951,676 Expenses Special Government Hospital Painting 80 .416 -0- 147,369 2.150 Total Special Government 149,517 Expenses Summary Special Government Total TJlunicipal GRAND TOT AL ELPENSE 80 147,369 149,519 469.479 471.629 h <;49,526 , , " .;p ~ 951, ')70 This Resolution to be effective as of the 15th day of July, 1963t. Passed and approved by The Common Council of the City of Seward, Alaska, this 15th day of July, 1963. The Manager asked that the Council not pass this Resolution if it did not intend to carry through with the next item, evaluation and award of Hospital paintinG bids. Glmn.l{alker - I would move for suspension 'Ilf1lfIfIlfiM. of the rules and that Item SF be taken up at this time. I.ly!'..!.. Zentmire asked if there was objection and th~ was none. Item 5F - Evaluation and award of Hospital painting bids. The tabula- tion previously submitted to the Council was reviewed in which the Man- ager pointed out that Mr. Parret has excluded the trim which vras e:xduded from the specs before being handed to each bidder though the advertised invitation included the trim; that Mr. Arnold had included the trim. Mr. Arnold's bid ~2,146.70, Mr. Parret's bid $2,150.00. The Manager advised his recorrnllendation to award to the low bidder with very little knowledge of the Arnold Painting Co. Clmn. Walker questioned awardin~ the bid with the trim, suggested it might be better to start over, but Myr. Zentmire advised he believed there would be little savings on the job less the trim and painting the trim expensive if painted with- out the larger part of the job of painting the building later on; it ~p was reviewed;that the trim was painted in 1961. Council discussed this and the type agreement to be entered into, with realization that payment would be lump sun on satisfactory completion, and a completion date desired. Clmn.Nalker - I would move that the bids on the paint- ing of the Hospital be rejected in view of~e fact that it is difficult to render a true evaluatlon. No second. Clmn. Kirkpatrick - I move v,e accept the low bid of ;,j;2.146.70 submitted bv ;'~r. Fred J. ArnOl',;~:~:'n"'~d':::(~(:(~'n:~~~18_:n~1 ~;lat the cOmPletio~3 date:; be not later th'~E~.s;2-,E~~Lj0'-:"~~~_3cc::lcied bv Clmn. St,ockilrd. Vote r'lrrlrl 1Tl'nccn-r ',","-' ~l'" l';'~le'""'~l'cl. 'f"'- r'lmrl "Talker c",'O', ':;, - v~. . v .. ...... v ~::" ,j _, _:_l~_.__""'l_ :;:l,J......- J .. ,..J -.J: ~ _1/ -_ elITn..... Stockard Yes; _~_-A_~_'nr~-l.:.~~~_~s.lon '2arrlea. Return to Item 5E - ::;11.'.., 'Ji'1c-.:1::; - T h'cuJ d rI10'V':: Resolution !'Jo~~..>'~onrlej~)'T ,::;Jmr:. ;3tockari. for the passaf;e All in favor. of I Item 5G - Evaluation a.rd ;:;,0,1ar:1 c.,~Jic.3 ,)0. elpctr:;,cal material. - The Manager reviewed t~~t thc~e bids ~ere ilS advertised by the Council for the service to supply ~he nml cranes fer ~~s Alaska Railroad and which "lOuld at the S2me'~ime pro'ri:le a liluch better service for the dovvl1tovm area East of Fourth Av(mu,:;, that ARR '"as desiring tilis ser- vice by mid-Aue;ust, "hich he "houJ;l,t no ~ possible, but the City was trying to get ready as early as possibl!~. The tabulations and evalu- ation having been previously sent to the Council, the Mana~er reviewed that Line r!.aterial Irulustries had bid a lump sum price of :153,720.16 when the invitation required per item bids, also that the combire d bid of Northern 3upply for electrical material Items 1 through 24 in the total amount of :;a, 719 J;5 plus Oeser Cedar Co. biel for Items 25 through 32 in the amount of ~6,62~.lO or a total of ~a,347.95, vms ;p372.21 cheaper than Line J,:aterials and therefore recc,mmended that bid. Glmn. ~lalker - On the recor:nuendation of the City Eanap;er, I v!Quld ~ that the bid frOGI ~lorthern Suppl y for Itelil':; 1 throur~h 24 in thc" amount of--.11, 7). S'. ~85 and the bid from Oes er Cedar Co. for Bid Items. 6Lthr:ou;h J2 in the amount of :;;6,628.10 for a total of ;'0,347.95 be aVlarded. .3econdej by Cl~-=lincent. All in l'a'.ror. "1 ,T 1. d r t 10'2<: and rRr'onve'"n..d at lur ..'J,)'- 'J mn.,,& :-cor lilove ~or re.acess a . JI p.m. -_ ,." ~ with all members present who were present at recess. Clmn. ~alker - I \'1ould move fcr--.2uspeY1Sion of the rule:3 and consideration of Item 51,,1' J2rior to t8.kin,f~ up Item 5H. 3econded bv Camn. Kirkpatr'ick. All in favo I Item 51,e - Decision on Ivlount :,larathon steps - The Eanager revieVled that at the last me e tine:; he :lad given a report on this matter after having made an inspection Vlith Krs. Blue, Mr. Lantz and ;~. Blue as to t~e access of the trai} leadin~ to the steps and Ers. Blue and he agreed that this will not intenere with the Hospit21 unless perhap3 vehicle noise whic;, they believed could be re.:;ulated by having a park- ing facility to prevent the vehicles from gettine riGht up to the IIospital. He noted that he was supposed to measure exactly where the City's lots are and frankly could not frOG] the markers available but vTa3 sure t~la t the approach trail is err =:i1~Y prcJperty. 81mn. Jvalkcr inqu.ircd if any member of the Ho::;pi tal 30ard had revievred ,'li th th'31l1 and the Manager said not. The ran2ger 3dvised thaL he was favorably inclined to some of Mr. Lantz construction ideas but would, of course, require the Counc j_l ,~ appro val as to CO.:13 true tion 1,8chn -If"!ues, cte. before any thin:;; at, all C01l1d be done. I Slmn. dalker asked a3ain hO\'-1 the mainte'1ance 1;-1Ou1d be Landl.erJ. in t:l~ years to come and the Manager advised that it would be most desirab~ to :lave an individual or group de this Jut tLat in final anal]'3i.~, if a~yone char~ed to do it failed to de ~O, the City would bo cbli~ated to do t.. ~',~r. Lant,z advi3erJ that it ~~'Ias certainly hi::; intention th,~:tt he would maintain the portion of steps he built and wluId hope to re- place V;il,h concrete. ::yr. Pro-Te~-fl L:entn~ire e~=pre3..)ecJ. ~2_11t.eres0 in havinz the project start,ed; tu Gl:Ll1. Vi'1cent';;; c!u8:3Lio!1, Er. Lantz and "ne I:anager advised tiwt L!c c;erraL'1 fur steps illiproved beyond the point ;:1' . Lantz in -<;-, ended t~o build. CImn .llalk er ezpress ed again her interest in developin3 recreational projects but advised t~at she believed the mechanics of tl1i3 project rather 10,,0. T:r. Lantz advised he was oerfectly willing to build in acco~jance with the Citv hlli.aver's ... ~ '-' .1 (.J reauirement3 and it ':la::; a~roed the City would have this dutv to l:now it ~as safely built. CI~n. ~~Iker - I would move tnat app~oval be ,';rant,ed to 1,':1'. Bill Lantz for buildin:,; '~he steps on r':arathon ]![ountain ~s well~maintain same and that the City ]v:anager be instructed to 1 t t' l' D ." t f " ",lOr" ou" ne mecnarncs oJ. ,malD"enance, e c. or presentat10n to t;le .Q~c:i 1. 3econdcd by Clrrlll. 3toc':ard. All in favor. Er. Lantz advisel that he was not '-lUre vrith the lateness of tile season hov.! much could be accompli3hed this season, but \;ou] 1 l1a're all tile materials on hand lor an early sprin~ and thin~j.ng of askinJ for Council approval for the rail and steps in Ghe dirt fur use in the fall seoson. Item 5;-\ - Third and final reading of Proposed Ordin'-ince i':O. :;:24, 8sl.,ab lishin~ electric rates - This Ordinance was read by nwnber and title. Glmn. ,Cirkpatrick - I would move that this be c011sidered tile third and 14 .cg~~2T ~'-C0~~r~ L~__:~ --"" , ~-" -'... 1'"\..~ final reading of Ordina~.,,:(' II~)2!t" G3taol:.:2h"".n;\ electrical rates. Seconded by Clmn. Vincec::,. An tu f"?~~ z -. --. ~~. O::WD:Al:CE ::C'.3 :,4 ;.j - AN ORDINANCE AMENDING S:SC'rIO'! lO.JUi} (RLTE3) OF ':':1E SEllARD GENERAL CODE OF ORDINANCES BY ADDING THErCTO A :rEil SEC';:IOIJ 10.304 (RATES) CREATING NE;.v RATES FOR THE SALE CF EL::;,~Ea::J:,1 SEr.-vr]E JY TaE CITY OF SE..IARD, ALASKA, AND PROVIDING FQ?' ArT EFFECTIVE DA'k'E. THE CITY OF SEAiARD, ALASKA, ORDAI:T:3: That Section 10.304 (RATES) of the Seward General Code of Ordinances be amended by the repeal of' the provi~3ions of the existing section 10.304 and the reenactin,; of a ne':l Section 10.304 (RATES) ,-lith provision for the effective date thereof: Section 10.304 Rates The service rates and charges to be made and collected for ser- vices of the Seward Electric System and the classifications thereof are as follows: Schedule "A" Domestic $6.00 for first 30 K~~ or less per month 9 y~ per Km-I for next 70 TOrti 4t per KWH for next 200 K.vH J~ per K~~-I for allover 300 K~~ Where any service in this schedule is being provided to a commer- cially operated apartment house, which is hereby defined as an opera- tion of not less tilan four apartments contained within the same struc- ture, and the tenant discontinues service, but the owner of the prelJ1i3e~ desires a continuance of 3ervice in order that any such apartment may be demonstrated to prospective tenants, the serviee shall be extended to such owner at the rate of ~2.00 per month where no energy i3 act- ually consumed, provided, however, that where any ener6Y i3 consumed, it shall be charged lor on the basis and at the rates shown in the schedule. Definition: One family dwellin3 used as a residence only. Jingle phase service for lightin3, cooking and single phase motors incindental to domestic appliances. Demand load not to exceed five horsepower. Schedule "AAn Domes.tic All Electric .~12.00 for first 100 K',i/H or les3 per p.'1Onth 3; per K'~1 for allover 100 KWH \:Vhere any service in this schedule is being provided to a commerc- ially operated apartment house, which is hereby defined as an operation of not less than four apar'~r.18n',c contained 'dithin the same struct:.1il.re, a~d the tenant discontinues service, but the owner of the premises desires a continuance of service in order that any such apartment may be demonstrated to prospective tenants, the service shall be extended to 3uch owner at the rate of $2.00 per month where no energy is act- ually consumed, provided, ho,'Tever, that ,'There any energy is con3wl1ed, it shall be charged for on the basis and at the ratesshown in the 3chedule. Definition: For residences u3ing electricty for all cooking and hot water heater and having 3 wires service and approved )0 gallon or larger automatic water heater. Schedule HBII Commercial :~l2.00 for :C'irst 40 ;CiJl! or less per month 8; per ;ewH for next 360 K v~ 51: per Kiv'H for neJ:t 500 K/JH 3 t per K.'JH for allover 900 101H Definition: L<~lltiIlQ' COO]:il-.~, appliances and motors 1 d '1 ' ,. t-' ," +-. ,. ional, merc an tile, l!1 us I~rla allu ot:lor cs ,,aO.Ll3mrlCn ,,3 no l, Schedule \;All or "AAll. in profess- classed in Pa'=:8 -,! I~egular !.~eetin~ Ju=_~r , _ ~ -,' , 1:" S; 15 Schedule Ii C" POi'rer emd Jov'~rnr:ien t-, A minimum ci-u?cri';e of ,~lO.C(; per montb_ 5~ per j(,{--i up to 10,COO ::-:J;; J+t per Kvr:I ne}_':, H),OOO I1.VII ;'/ per ,,:n fer alJ in 8:-:ceS:3 of 20,000 1:.JE Definition: Eli:;ibili!JY for this cla,;.3 01' serVlce require,3 a ,,,In- imum connected load of 50 Horsepower. I 3ervice Outside City Limits: To all billin;s for service outside the oorporate li~:its of the City tilereshall be added as a surcharbe an amount equal i~O lO,'S of the total amount billed. The total anlOUI',t billed shall be computed. at tIle rates ::let forth in the above schedules except t~at the following injtial rates shall be substituted fo,-~ tiwse S1l0Hn in the applicable schedule: Schedule l'A" Dorrlestic i,:.3.00 for the first ;,0 KillE or less per year. (Except in Fon;st Acres the Lininu~;; shall be ~7.()O for :~he first 30 K:JH or lus.3 per mcnth) 3chedule IiAA" Domestic All Electric cj)lIj-.OO for the first 100 K,fr-I or ] ess Der month. (E}:cept in Forest Acres tile I,:inimwJ ,;]1all be <PI; .OC for the fir3t 100 K~I or les3 per month) Schedule liB" Commerc~al ';12.00 for the first L+C) K,v'H or less per month. I The effective date for the rates set out herein shall be the first billing date followin; the final adoption of this ordinance. Publication of this ordinance shall be made by posting a copy hereof on the City Hall 3ulletin Board for 2 period of ten (10) days following its passage and approval. First Readin:;: June 1 '7 .L I , l~)C<), Jecond Reading: Jul v 2 ] Ot)' J , - /' ./ Passed and approved by the City Council of the City of Seward, Alaska, on the 15th day of July, 1963. Kyr. ProTem Zentmire called reaess at 10:50 and reconvened at 11:00 p.m. with same members present as at reces~. I Item 51 - Authorizatio!! of fi:-u11 payment tc Contractor en 19J2'ilater Improvement Project - The ]f;anaser pointed out that t1:i3 requirwl 30me detail to be kno'{[n by the Council; that the cash picV",re as of June 30,1963 I',ith all June bills pail and less "the <p7,;57. ncmed i'rcm the ~futer general funds to complete the Inlet Construction final payment, that there 1;wuld be about 'i;4, 7'3;';. left in the Ilater ban~'. accouI,lt; that there L~ on order c api tal irnprovemen ts ma teri a13 amoun tLl:j to )9,218.; that during the swnmer construction mcnt:.h" tctal expenses run a little more than income, our fiE;ures :;howin@j receipts at about ,;0,0)1j-. and expenses, estirr.ated high, at about :;>0,86::), so that it is :;oin6 to take so:ne time to make up the differenc e. Copies of this resun~e and final HlIFA Project 3uru;lary as 3ubmi;:,ted. by the 'City vlere submitt;ed to the Council earJ.ier, also tile closin~ figure,3 for Inlet's bill. The Manager continued with a review of the final pro~re3S payment re- quest from Inlet as appro'Jed by Er. Nyman, Engineer for the City a:1d by iIHFA Field Engineer, and a", previousljT presented bg Lr. !Tyman to the Council, total contract cost ~201,o64.3j includin~ change order for the larger tank (200,000 ~al inst;eadof the ~OO,OCO), witll ~190,681.72 paid so far and leavin~ a balance of ~lO,j82.o1 due. It was noted that Inlet ke:hanical had re3enred ric:;hts of adju3 L;ment of claim under Items land 2 of the contract. Manager also noted that Change Order No. 2 covering the deductions from contract for coat of work as actually con- 16 ~egu=_ar =.~ee'~~n3 :u:y ~:), ~ ~. ," - l' ." " Z --~. ' ).; ,tructed i~l the amount, of~:),21(J.:)4 He,S :J:i~lied by all parties, so that ~here had been i.his savings. .'\ 5chedule of t'le monev recci vecl ?ron HHFA on Loan and bond sale was presented, ;$226,OOO.00"r:lus ,~2T.;~5 J~rom interest earned while tem- porarily investlJd. Pro:ect sUIluuary l3howin~ HHFA approved allocation ,)f funds, and all approved by the Gounc il, in total amount of $233,629. SC VIaS reviewed showing ;~7, 3 56.61 needed from the Water Department general Zunds to cover the final payment. to Inlet Construction Go. -, t~: l~he riIanager continued that this closes thi;3 project except for three l;,hings: the request for added payment by Tryck-Nyman '\c Associates; 'ehe C~Lty' s request before the Governnent for return of a portion of ehs preliminary engineering expenses since the City paid back for a ~375,OOO.00 project and built a ;$;~26,000.00 project and under the agreement was to pay back only for the portion built; and thirdly t.he amount the Engineer has deducted from the contract for the lesser ~ootage of ditch under the more expensive ditch. The Manager advised that he was submitting to the Council the Engineer'c computation of ;$10,382.61 as final payment on this contract for auth- orization for payment at this time. Clmn. Vincent asked if the con- tractor has done everything he was expected to do under the contract and the Manager said they had, that the City was now doing some clean- up work for which Inlet had paid the City, listed a few other minor items \vhich are being corrected, advised that the Engineer says the project is complete. Clmn. Vincent - I would move for approval of the final payment to the Contractor on the 'water Improvement Project in the sum of $10.382.61. Seconded by Clmn. Stockard. _ All in favor. Item 5J - Proposed Resolution No. 320 acceptin3 Grant Offer, including terms and conditions for up to ,$86,530 grant from Federal Government APil funds for the new Fire Station - The City IJianager pointed out that in all of these transactions that Washington, D. G. says the grant is firm but the Seattle office ahrays comments that tEre is a technical- ity and that \ve should follow all these s'eps but that the technical- ities may interfere. Resolution No. J20 was read as follows: RESOLUTION NO. 320 \~IEREAS, there has been filed with the Government in behalf of City of Seward (herein called tne Applicant) an application, Project Num- ber APW-Alaska-39G dated January 21, 1963, for Federal assistance under the Public Works Acceleration Act, Public Law 87-658, and the United States of America, acting by and through the Regional Director of Community Facilities, has transmitted to the Applicant for accep- tance a Grant Offer dated July 3, 1963 of Federal assistance in con- nection with the Project referred to in said application and des- cribed in said Offer; and ,MEREAS, said Grant Offer has been fully considered in accordance with all pertinent rules of procedure and legal requirements, and made a part of the Applicant's public records; and 'i'lC{EREAS, it is deemed advisable land in the public interest that said Grant Bffer be accepted; NOW, THEREFORE, be it Resolved by The Common Council of the City of Seward that the said Grant Offer, a true and correct copy of which, including the Special Conditions and the Terms and Conditions, is hereto attached, be and the same hereby is accepted without reserva- tion or qualification, and the Applicant agrees to comply witn the provisions thereof. Passed by the aforementioned governinG body 15th day of July, 1963. Date July 15, 1963 of the Applicant on the (Signed) Title Delmar Zentmire IvIayor Pro-Tem Attest: Beatrice E. Natts (Signed) City Clerk-Treas. The ~lanager recommended adoption. liIayr. Pr:o-Tem Zentmire asked if the Government would match at more than 50,:' and the Manager said he had inquired on this point and that Civil Defense and APw will each match the City's portion but will not match each other. He advised that the plans were signed by CD Chief Engineer last Friday and will go to Seattle tomorrow morninb if on schedule and both Government Agencies ~ivirt,; this top prioril~y and vvorkini~ on it at the same time as the Architect so everything will be ready for advertising earliest possible. date. . ~-).e2::1~~a::-' ~,~ ~';"_~=~_!l'~ t~~J..~'_Y ~-~-, -,- - ).., 1'1 I":yr. ,~8ntn:ire ask:eJ ~[' t'li:J :::1;3 hclcl:in; Up CO L3c;l'Uction and the I.lanc) '81' advised that it ',^la3 :;:i.nc, v:i t,::c'u:; thE. "te'l:; n;;>c,j3ary to secure trlc:sr: t"'O 7"ran+-~ the "l't'r C01"([' \.,~"r ""'lel"T"~pl fo" +-:Ie ba~ic~hell aOO1't V'I S. ... V0, J.. V J u____ .L.l ,_ J '.....,. (.....-1. -'- ~J_,-:::> ....'- ~- '-'.. ,J ,.) ..4- ~ "- three weeks ago. Myr. Ze~tmir2 as!re~ if d:e ~ouncil had ~hou;ht abow~ . , 'T" n l...... ~. , .. 1 i '~h T1'l'T" f. r ,.' Sendl~1.~ t...18 l';lanager to 'J~:;(ltt R l~: tnl.3 g;2~~3 i1C . up In "(.J J.e nHth Ol.J.1ce since the constructicn SSilSO":. 1:3 p2,3sin~. Th(, l:anager recalled th0t Congres3man Rivers had r;;que~'>,d to be ad'risej of any lifficul.ties j,n connecti.on ilJit.h thi3 project and ;:)ug~:e~jt'2:d this rni,?;11t be the nlo3t 8ff- ective remedy. Glmn._;Ci;:,kpatricl~}'-1'1Q:ve faT Sl!l2J'oval of Resoluti,on No. J?C .~2f-ondel by Cl.rm. . Jall~~~A:Ll.jIl fi~VOT..!.. I Item 5~ - Prop~ed Resolution No. 321 accep~in3 Grant Off~r, includjn~ terms and conditions for up to ~J5,g07 ~rant from Federal Goverrunent, AP J Funds for new Dubl ic wor:c, buildin."j - The 1I:ana,,;or advised that he saw no problem ~"j.t'l this money, that wlery effort wi11 be made to delay construction until spring, 'dhich h=l.s been discussed with IlHFA representatives and they are in aq;reement. Resolution ::0. 321 was read as f0110'li3; RESULUTIO;J riG. 321_ .'JHEREA;':;, there hac:; been filed v,ith the Government in behalf (;f CITY OF ,sEdARD (herein called the Applicant) an a.r;plicatio:l, Project :\iuribcr AP.J-AlaJ':a-:)~;8 dc!.ted :'!ov8mber S, 196:2, for' Federal as:;is:~GJ!.ce under the Public iJor';s Acceleration Act, Public La\, 87-C)'58, and the lUITE.0 STATES OF AJ:ERICA, acti:-,-:; by and thrc1ug!l the ReGional Direct.or uf '~omrrlunitv Facili ties, has tra;1SfJli tted tc t1l8 Applic an":' fer acceptance cc Grant Offer datc:d July 5, 19():' of Federal aS3,;,;3tccDce :lJl C0n:-lec tion with the Pruject rcferrel ~CI in 3aii application and de~cril)ed in ~aid Offer: c:.nd ~iv:mEEAS, '3aid Grant Cffer has been fully coruidered in uccor:l~'nc8 VIi all pr:1rtinent rules of pre,cedcre and 18.];al requiror;:erlTo:i, c':-d m2d8 0. part of the Applican~'s pu~lic records: and ~~IEREAS, it i3 deemed advi3able and in t~e publi: interest t~lat said Gran~ Offer bE asceptcJ; I NOd, Tl{SREFO.RE, be it P,-Gsolve'j by The Comrtlon Council ()f ''::-IlC iJity of Je\':ard that t~i2 ;:)aid :}r3.ni~ Offer, a true and ccrrect :'~()P~T oi-' \,Thich, including the Jpecial r'::ondition,3 andLhe Terrrls and Ccnlitions, is herevo attached, be and the 32me hereby is accepted without res8rva~ioD or qualification, ani t~e Applicant a~rces to comply th t~e provi3ion~ thereof. Passed Of the aforementiuned ~overning body of the Applicant on ~ns 15th day of July, 1063. Date Jul:T l5, 1963 (3i;ned) Delr.'ar L:entmire hayor Pro-TeEI Attest: Beatrice .L:.. Watts (3igned) City Clerk-Treas. I Clm;l. /Jal'(er as1"ed if anyone knew tile over--all s 'o3-tu-O of the PWA Funds due Alaska and wondered if the Council rejected this if there would be any possibility of getting the pavin~. The Manager advi30d the only source of information from the reports of the Con3;:,essmen wilieh looks like a lot of r:-wney and beLIe;;; uriboled out, tha~ lIe hau asked HHFA about the latter possibililit.y and had been advised such lare;;;e sums n0G being given l-,he.ie smaller towns for pavin6' Clllin. ,iall.er aJked if thi::; Offer were acccp'~8d if the City could really come up ,lith -'::,:18 r;wney ~nd the ~ana3er saiJ he was sure it coull because of th~ approximately ,~15,OOO le.:t from the school owJJ;et and :Iospital contingency .e'or 0;'-1..)/+, but this also why desirable to not do thi:s project ulltil sprin::; ':!hen is can be known for sure about the Hospital contin~ency. elron. Kir\:pa:~ric;" asked if t;1is was t'le whole c2pital in,crcvement 01'0- c;ram or if scmetiling ,'IdC, beins droppel for t.!',ls and t'18 LanacSer 3aid it was in additio:-l to the bud:;etted pro;rarr.. C1mn. .;;tockcird - I LCV e we appro\~e Resolution No. 3~1. Seconded by Clmn~ Vir,cent. All in favo ~tem 5L - Amenled P;:,oposed Resolution No. ]c] approving 22' easemcnL lnto Fourth Avenue from eytension of Lot 12, 31oc~ 19, Federal Addition for Alas~a Railroad spur - The hana~er reported t~at the inst21lation had been made e::actly as the Council ;lai approved and he had recomrrlend- ed and t[la.t he had no objection to thic} ea.3en,ent now, l,nat j.t ,-!as a3 3ate a;; SUC~l an installation could be ani had had no objection frem the public since corrected. (3ee Pages 312 ~ 319, Vol. 10, Karch 1e, lor)? T"-l' nu~ e~ ) / / ..~ V v . is ".r;c.~~)_~_(::..Y> _ ..ce~~.::}.,-;; " r --") , t..tL_Y '" --,' ~ pi ~,,-mn. \'lalker advised that sh. ','?c, (jC ~ i.l 8-,lTE :'le'n:, wi jjc1 any more ease- ii.mt for The; RaiJroad, that l,ll~. 3.,e.' (;ed a nad l';:'ac'~icf;, c\nd in fact 1!shed The Railroad could be entj,c(;d '~o 1;,)1\e t,lw.t l,rye out,side the City. ','11G Hanager agreed that somelia:' in t,le nu~ tee' dis~ant ~future, this 1[;13 going to have to be done, '~ha'~ t>.ey cannet put even one more engine on 1'lithout doing something Like that. Acts.Eyl'. 2entmire 3aid he would h<)pe the City would remember t;,hh; ea3emen~ 'tlhen it i3 -sime to get another crossing over the track for the nC1'1 beat harbor. The Nanager ;;aid he had talked about this to those in char:::;8 of The Railroad and \~lile they have been very careful what they say, believes they realize ",:lat one must have acceS3 to a boat harbe'r. Glmn. '{{alker asked if, in connecti.on with railroad cr03sinss, the pre- sent crossin3 could be made more convenient by widening to the North and thus easing the problem of the turn south and this was discussed in detail, with the OCanager to look into this possibility. Clmn. Vin- cent - I would move the approval of Resolution ~o. 303. Seconded bv Clmn. Stockard. All in favor. Item 5M - See Page 13 followin~ Item 5G. Item 5N - Tryck, Nyman 2s Associates additional bill for water improve- ments project engineering - The Manager requested that this item be wi thdra1'm from the agenda until the matter of how much recovery there might be from the Federal Government due to possible overpayment on loan for advance engineering, that he knew Hr. Nyman did not l-rant to stop the capital improvement prosram of the '{{ateI' Department and has advised no objection whatever to this bill decision being held pending for conclusion City-Government correspondence. Council had no object- ion to this. Item 6A - Request permission to commence Quiet Title Suit on Margules and Brownell properties - The Manager reported in detail to the Council on this and the Council instructed him to confer with Mr. Baumgartner, who has handled several local Quiet Title Suits, and with the City Attorney, toward contracting with one or the other on a fee basis for this work. The Manager also asked permission to discuss with Mr. Lane the possi- bility of securing the stone to attach the bronze placque to, and this was granted, all parties in agreement that this commemoration should be appropriate for the gift received; also plans outlined for the ceremony if possible with Mr. Hargules present. Item 6B - June accounts payable - The Manager noted that this is not quite all the accounts payable for June since at the close of the fiscal year all items ordered in 62-63 are considered payables for that year, and some items for which amounts not yet known will be brought to the Council later. The schedule of vendors and allocation of expense amounts was reviewed as pXRl!:i:ll:lMs:i:~ submitted with ]\,anagerYs memorandum of items of particular interest and list of checks written other than payables and payroll. Checking account balances and invest- ment schedule not ready for this meeting. Clmn. Jalker - I would move for approval of the accounts pavable in the total amount of ;p12:.424.6$.'~ Seconded bv Clmn. Kirk atrick. All in favor. Detail as follows: Alaska Court System .'75.00; Alaska Shop ~4.00; Andy's Oil DeJi:ivery $100.00; Anchorage Daily News $45.00; Anchorage Daily Times $42.00; Auto ~lectric $32.~3;, Arctic O~f~ceA~achine $3.28; Alaska T~leRhone Corp. ~200.a5; Arctlc ~otor Frelgnt ~312.00; B~C Auto Electrlc ~59.20; Bay City I\lotors ;j)9.15; Black's Lineman's Supply $4.78; Burrough's Corp. ~60.00; CD:.S rJIotors $17.48; Concrete Conduit Go. ,~2,139.6$; Craib Taylor Equipment Co. $6.32; Chugach Electric Assoc. $10,022.40; DOD'S Cafe ~103.15; Fuller Paint & Glass Co. $43.20; ,Garrison Fast Freight ~10.16; J~aes J. Harrison $44.38; Gateway Texaco f14.35; Industrial Air Prod- ucts Co. $18.73; John P',Bagoy & Assoc. ~210.1?; Kenai Lumber Co.$181.1S; Line Material Industries ~700.97 (Submitted as ~766.71 with credit for returned merchandise not deducted but corrected before payment.); Nor- thern COMnercial Co. $267.40 (Submitted as $272.$6 including ~5.46 dis- count but corrected before payment.); Northern Supply, Inc. ;~192 .31; Modern Motors ~lO.25; Osbo's Electrical Supply $20.09; A.P.Parsons ~155.00; Petty Cash ~6l.S0; Petticoat Gazette $94.00; Mrs. L. V. Ray *125.00; Robert I. H. Hoffman Assoc. ~377.16; Seward Builders ~21.15; Sevlard Hardware ~54.61+; Standard Oil Co. :;,260.4$; Supply Center 4;9.08; Gateway, R. D. Bailey d.b.a. :P5.47; Sol J. Urie ,~6.;;3; Seward Public t,ltilities .;)1,532.95; TUchie Co. ,;,25.00; Pat R. dilliar,lS Insurance .;,; .~404.28; Tryck, Nyman ~c Assoc. ,,81.70; Yukon Office 3upply ';;52.05: Yukon Eq1fipment, Inc. )37:72; Lloyd Heffner ;;579.20 for a total of ,p18,353.43. ':'()18,424.6$ minus ~)65.74 on Line T"laterials and minus .~5.46 on Northern Con~ercial. See above specific li3tin~.) " ... , ,-, z ,..,,~. ~-". er:: -I ! i _I , ~ 19 Iterr:j,~ - I\d:led L r;r: E'i' ::h': ;' n r; 3a"18::> .___ to bc char~;ed el '2ctri ~ CU:"3torner3 livinp: ,~d'~ t}--'. '~i:-,:I~~{"'::',r -- -:'~ci:~ i-t)c~'Y~ ~,la:J re\rie~'vcJ (3ee Tten' ,~ (5), PC. 7, Jul~T ~;., J.n'")= :,'~-"',) ~ ".-) 7.:' p~~-~1Ji().~;"_3~_Y discu_l3ed and it WC:'-~3 agreed that salc3 :.a:: rj: 0" ')-' 8:" ~~,_r~e(l in e.:;cordance T.'.J":" t:.h the :3alc,j ta:r: ordinance and L-, 1nif' rmi. '~::. I,,;tte~s of e:;:planaticn to acccmpan:" July bill:;. .c ~''.;___,r_._",:"", , (' ,", ~ --.. " tte,m ,e:,,, _ "l' ~y an~ 'n1~L. re"r-o"'i, - (1) 1\ tele'.~ram frOGl 3enator}ruer:in~ , 'Vlll _,j.J ..J L.o 1 :. L '-' \"""..0- ,. -, _' _. - -. _--' notifyinro; a fift:" perc':;'lt ':;rant for :'~oT~i;:,al elevator has been anDro/ed, and the I"':ana3C'r' r~~""ri(:T,\H~(J t 11.'~J ':i:; :L~.:.l.lE:~ .jrant application .r'equ:;~~t,ed by the Peninsu:a COI:1rnu..Lity IIo:3pli.~dl hS:3uci'"1t..i.cJ!: v~~it:-l t:l8 non-Fedc;rc.l funds to be suppJ_ied b:r th~~~ A.jJociati()n. I (2) 1'1:13-\, ;;omc ladiec3 hal. r:q'18:jted ~:le IE"!";l of tl,e Fir..;t La'{8 be raL;ed and the City ample:' a qu&l,if'iYd youn:::; :wm \'Tho is available to teacL swimrdng or at leD;;+:' life savint tecLniques, but that there i3 ne :iO;le~T in t!lQ bud2"et for tl'lis anrJ. :13 J-1ad SU--:b83t~ed tllat tb.ese pecple wiL;Lrl-) proceed on-the basis of prjva~e employment. It was a~reed that the . ]' l' " d'~' ...' " .. ... Clty could work a.on; tne ~lnes 01 coor lna~lnc ~ne ~a~e r3-1::>ln~, e~c. . bu'":' not to provide allY money nor to beco:ne re3ponsible for the acti vi t;.' (J) ;';anager reported on maintenance of n(;w First Lo.ke parI:, tho.t toJO of the n(n~r tables and benches had been t.hro1:1n i~J. tile La1(c, and thi3 VfilS dL;cU3Ged. (4) The re3i:~;nation of :,ciss Lois V. Jo;mson, Public Health lIur:3e; wa::> read ,[herein she advised she would need 1;0 depart Auc::ust ~) in order to enroll at the Univer~)ity of 1.'=i8},1~~a::'J. Au~uJt 28. I (5)That the requesc for Civil Defen3e matchin~ funds for she fourth quar":.er of 52-':)3 has oeen approved and t;IC 63-54 prC;jram has been approved with just a fe',,, minor chanses TJ,';:::;ested, on ':[hic;l tt18Y desire conference "hen nG~:t in Anc:,ora2;8. (6) Tha'::, he had recei-fed a conplaint about, 8th ilanu after the dcpart'-,.re of the halibut boat concerned that an )8.00 fee had benn char.:;ed for 7 days moorage, that bein~ unable to talk with the boo.t concerned, that be \vould '[,all: to Seward IIarina and insis I:. the:,' honer the three days wi thout chaI'i~e o.nd follow tIle established fee ::medule. ( 7) Only one bid on t:le harbor' doct'; deck (See I,Iana;;er' s report, of two previous meetings) and should not wait any longer, will therefore pro- ceed with this work for t;le Jtate of Ala:;>:a, if no objectien, an:1 there ':las nO!lC. I (8) ](yr. Pro-Tem asked about the chan.:;e::> to t:1C grid and the rr,ana:::;er said he hau asked everyone dovrn there to ::.;et to.;ether and tell him what changes they wo.nted and everyone has said do not change it. Eyr. 2entmire explained \>That he understood wa" needed in the 'fray of addition- al piling and this was agreed; realized the City not have this equip- .Gient and ':Then Bads Bros. ne:;:t in port, 'ir:cll try to nc.;(,tiate to ,::;et this done. (9) That Senator Gruening's Administrative Assistant had replied to the City's request to hurry the nevI :iarbor through the .Glany steps, and to use eeerGene:! fund::> for the bu)ii;~fJj-l1~ .qf it, to trle effect that this could not be done, but that h~'f',vouJ:aas~:.:;est tl1e City conl~inue to try on this. (10) Eana;er reported on the City's accounting and personnel needed for this position, ti,at an applicant vrit;~ necessary ez.perience '#as bein;::; checked, was interested at ~800. per IEonth, and after full report by I':at12~er, t~1e Council advi3cd no objec sion to pursuin~ plan3 be had. (11) That he would leave lkdnesday late or Th~rsday for the adminiscra- tor,ls fire 3chool in Fairbank::> and would return late J:Iond"'J" or eaY-l v '-"0 J .......l. '.", Tue::>day; that all departments in good shape. (12) Glmn. Kirkpatrick asked if the Cit~r had had (~or:uJ.unieatior: from Anchorage on c overin:= tilR en tranc e to trw Lowell Canyon div ("r~illn tunnel, and the City had noc; it was discussed what tl1is mi~ht eean, '~hat i'~ really vrould not be "af8 to cover it; the lIanager t~o rel/ielv C0ndi[,iun, e tc. (13<) Clmn. ,valker 2s:-::ed how tite m2d r:e \-rays was proGress in:; and the ;.:an- as:;er .said it 'rlas being worked out wit,h the architect, nothing goin:::; yet on tneremoval. She inquired as to general condi~ions at the Harbor and the Eanager di;;cu3sed the position he hael t::tl"cn i::; U;is and only com- plaint of direct concern he thought to City the one re tran;;ient moora~e Clmn. Kirkpatrick - I move we ad.-;ourn. 3Elconded bv:am~'1. Jalker.l2:50 am ~'e"t. 'f Approved.:' .--::- . '0 . 'c(.,...c . '(f)~ !jj.tf t../",~~J )"Ofi-L? ,,~<~Y._ 1 eav~ lce w. Jatts Delmar R L:e::;tfrrire I'~ayor Pro-Tel" City Ulerk-Treas. . . -J.. I , j. h 20 ~0-'~-,~~,_2.: ~-CC: ~:~":.,'~ ~r~l~~ ;'_:.d~ ':, __" ' ~") :Z, '''he regular rJe:)tin::,; of '-',~;l,':y ,~c1]JF;:Ll c:f 1.1"SlcCt S, 1963 was called to order by Fayor Pro-tern JcJru:~;er,~~[)i.ro ~t. ~;:lCi p.r,. Roll was calle:1 'md those pr':O,c;ent 'dere I ,~T. C::e:: ,Ll"c), ~:,,,',,,:___lmen F'~ul Stockard, Flichard ::irkpatricj( anddillian ':in' ~:1i, I 0::' ~i,(J"l=',on" -::ouncilmen Hal Drin- ':,a11, Erma ilalker were :,"13<;':':. .-,. '. - '- ' l~ Item 2 - The Vinutes of L~o Ghe sR~cial meeting of ,f-l:~:' e~ffia~ Vlncont - I will move throu?)1 154 of vol. 10, and 3econded bv Clmn. Stockard. "'0"": 3'1" Ir,e,;tE;~,; uf ,Tuly 1 and 15, 1963 and :2 ,"i~,';~; ;,a'Iin~ i)o,:m 1':::: 'i.d by all Ilembers, for 3.Dprcval of tLe llir:UGeS, Pa,~e 154 Pac;,,, 1 thrO'-l';'l 19 of vol. 11 inclusive. ALL in favor. Item 3 - Eyr. Pro-tern lentr,]ire recessed the re;u=.ar meetinG to go into public hearing as a Board of Adjustment in connection with condemning the building situated on Lot 1, Block 11, ~liff Addition City of Seward as a health, fire and public safety hazard - and to consider proposed Resolution No. 328 in connection therewith: The City Lanager reviewed tho requirements upon the City in taking such action and cited the details of compliance of the ordinance, noting particularly that the Cit.y had both posted t.j1e lc:anager' 3 Not,ice to Abate on the property and had atterllpted to secure leGal servico though return of service not yet in hand, that either postting or service alone was adequate under the ordinance. The Manager read the Notice to Abate which included his findinGS of fact in this matter, advised the Council that no written appeal or contact of any type by the owner had been made, and recommended that the -Council uphold the findings. Resolution No. 328 was read a3 follows: RESOLUTION NOL 328 ;~!EREA3, the Se'/mrd City Council, on the 5th day of August, 19~3, sittinG as a Soard of Adjustment as provided by Sections 2.100 and 2.102 of the Seward Code of Ordinances, conducted a public hearing in the matter of Notice to Abate or Correct Nuisance and Notice to Abate or Correct Fire and Health H~zard regarding the building loca:.ed on Lot 1, Block 11, Cliff Addition of Seward, Alaska, owned and con- trolled by Phillip A. Townsend, and by any other person; and ,VHERSA3, all of the requirements of Sections 2.1C,0 and 2.102 of said Code have been carried ou~; and Ii I i .iHEREAS, no written objections to the findings of the City J\lana- ger in this matter, as posted on the proporty and as served upon Philipp A. Townsend, were filed with the City ~anager or otherwise made; NO.iT, THEREFORE, BE IT RESOLVED that the findinsS and orders of the 30ard of Adjustment are that (l) the above described property is found to be a nuisance and a fire and health hazard; (2) that Philipp A. Townsend be and he is hereby ORDERED to abate said nuisance and hazard by removal or demolition within thirty (JO) days from the date hereof; (3) that Philipp A. Townsend be notified of these findings, orders and time limits of the Board of Adjustment as set forth herein by service of a copy of this Resolution upon him; and (4) that in the event that said Philipp A. Townsend does not comply fully with the orders of the Board of Adjustment as set forth herein, chat the City Manager is hereby instructed and ordered to take proper steps, under Section 2.105 of the Seward ~nde of Ordnances ,to carry out the require- ments of this Hesolution and the Code of Ordinances, ,vilich also prp- vide that the cost of said abatement will be chargeable against the property, first against the salvaged material, ~lich may be sold at public auction, and the balance of cost, if any, against the land, to become a lien thereon, the same as real property taxes levied by the City of Se\vard. This Resolution to be in full force and effect inunediately upon passage and approval. Passed and approved by The Common Council of the City of Seward sitting as a Board of Adjustment this 5th day of August, 1963. I'fiyr. 2:entmire advised that he had inspected this property which vms partly burned and recommended this action. Glmn. .stockard - I move that Resolution No. 32(; be adopted. Seconded bv Clmn. Kirkpatrick. All in favor. My~. Zentmire closed tho public hearing, adjourned t:le Goard of Adjustment and reconvened the re6ular meeting of the City Council. Item 4 - No persons present wishinE to be heard by the Council. Re~ular ~\:eet:;_n6 August j, lCJS; ~ll Ftem 'SA - ProDosed Ordinance ;;0. -',2:; !3.;rs.ntL1c: to Alaska Telephone Cor- poration a fr~nchise to provide t~l~phone sc~vice in the City of Seward was read in full by the City ~anager who reported that it had been submitted to the City Attorney for approval as to form but not yet received his reply, but that any changes he mii~[lt recommend COuLl be accomplished on subsequent read~lg3. elmn. Kirkpatrick - I move we accept this as first reading of Proposed Ordinance No. 325. ~ec- onded by Clmn. Vinc!elt. All in favor. I Item 53 - Proposed Ordinance No. 326 establishing new telephone rates to be effective January 2, 1964 was read in full. Myr. ~entmire re- viewed that the ordinance proposal foJlowed the lines of the aJreement between the Alaska Telephone Corporation and the City Council at the several earlier meetings and public hearin~, the Kanagcr acreed that this 1iVas true and t:1at the other condi ":,ions simply s at forth tIle ..:;ev- eral conditions which the Council had requested over the years; that this proposed ordinance had also been submit1:ed to 1:,he City Attorney and reply not yet received. lClam. Kirkpatrick rIOted tha~ t~le proposal had an effective da~e for the increase of January 1, 19'->4 and "hat he belie'led it -vms to be January 2, 19b4. This \'laS agreed and t~le ordi- nance so changed. Clmn. Kirkpatrick. I move we accept this as approval Ol Ordinance No. 326 first readin~ Seconded by Clrrm. 3tock- ard. All in favor. I Item 5~ - Review and approve final plans for Fire Hall, including ~ivil Def en.5 e and HHF A fund addi tion3 - I,Tr. Lane and Lr. I.Torton of Lane I 3 firm were present to review ~le plans- Er. Lane advi3ed that they were present to report the work to date and to~oint up a couple of prob- lems VJhich need to be resolved, that his s:~aff had bcr"n working for about three '.veeks till fnidnig:lt to \'Iork up the tremendous amount of detail involv'ed in providing t:le two additive features or the bid :spec.:> so that it will be clear to the bidders what is 'oein2; asked fur. I,ll'. Lane reviewed the fact of the basic drawings having been approved by the Council, then the addition of the emer~ency operatiens center and then thirdly tie addition of the completion of the main floor made possible by the H~FA grant; and th~ separate item being included in the bid at the reque3t of the Council for enclosure of the baseraent area should S0me technicality arise S8 that the matching funds for the completion of the basement were not a'lailable. Mr. Lane continued that there had been various contact3 with the Civil Defense people, that they nad come so Anchorage and gone over the plans in detail and have a~reed ~o accept the emergency operations cen= ter as it is designed and have signed one set of prin~s. I Headvlsed further that their letter to H~FA with copy to the City ~ana- ger had included tja pre]i~inary plans a~d farious technical data, and specj.ficatioEs that they require in the s.::>ecificat.ion;, 'oid; t,hat the reply from IIEFA indicates no particular problems involved and tl::lt they 1Noll d oe fonlardinG some particLllar Govern.rnent forms vlhich m",:; t, be used in submittin~ t,his information; that t~ey will be preparinG the::;e docnmenti3 and Dresume the c}overnme::1t is in a"'reernent '.vit'l the manner in which theiare proceedins; that they nee~ed a few such item::; a3 correct legalname of t:,e City o.nu 30me certificates by the:;ity Attorney, which itens the:,r '.'rould ta;-ce care of before leavLl'; t.o',m. -- L ' d . n ...... ". ., !'.r. ane aSE.S l= a tauu.atlon 01 proJect cost.s nad been prepared and ,..:,0 ~''''~a'-''er "'dv';""',d l'i' 'lad nrl'~.d 'to" ~:, '--'d To 7 CO' U.l-l.V .l_C:.l..~..::) 0. _O'i v... a ,__ U3 no ,t)1::..en '.......dano,....... ~,...r. .LIane a...L.:)o .-, d t' , . 1 th ' ,. 1 ' ' , d ' d ' lnlorme ne l.ouncl at ne !lar suomlt,~e Ltc' OCtunents requlrerl bj' t~he Government 3uch as fornl of arc~1iJc'ect a~re8:-:1Cnt and had ,~on8 over t'1030 with the EEFA Field Sn::;ineer in An~rLCra;;e and are advised there is not proolem; also that they had tc, be in 3eattle on ot,}ler :)usinoss the next weo'\: and ',voull call on 1IBFA to facilitate th13 project at no C03t t? tlle :;ity; 'dould also meet wivh the Civil Defense Emer';erccy Operatlon Center people ani receive their final approval of the plan3, at no cost to the ~it2r. Er. Lane a::ivi,;ej t'1at due to special requirer)jent~5 of HIIFA tjley imuld have to, iS3ue an addendum to the specifi!:;ations iJhich 'Nill supplement and reVlS8 Vie nonGal AlA bond specifications a;reement fon,!3, Hhieh Govt. forms they have reviewed and find 3atisfactorily ~rotecL the City of Seward. r,o p ~ 't. " , ',1'"'' J.';.yr. rO-uerr. 1..l8r: L11rc J.nqUJ_re:.;. l.L tne (."D :~ran1:. -deS en.'Jircl'fr 5'...~r:;2.r3.te from the IIlIfA r~ral1t and ]':1',. Lane, advided, t'lis i:Ja~ se, 30 ttl'lt 1:,)10'-' had "edraft,ed t:le l)roJ8ct so t'l'o1"e vnll be bll addlcl\Tes for ci.te CD itmms '1' l' c i-- '!PJ~ ,r " , , t- " . d' h 1" V,l ,. ""1:',, WLLL ncu pC,rrr;l'~; reVl8't[e- t:lat t e)J-1 adJiti'J8S are fer t~le '::;ni':;~c:e,:cy center matche"i by CD and for the clu3in[; of t:18 basemen;;; taG1: thlS lS tne reason for so much heavy paper wcr~. The Manager ex- 22 'l.ecu~_ar -rtee.r:.~_n.; .t~U.zUS1-, {~~, ~_(. ').? if\.", ',j' Dlained t'~.at this would all be i.n one document so one contractor could bid on the whole pr')jecc~, a',d a~,so trlat ~\l" :jp:;,~".ficati()ns ':lere arrn!l- ~cd in ,ouch a way t.lat ~D cc,ul:i puL out and nC'J cause too much t:.roublc but. that if HEFA ?ulled out t'lat it .~Iould be a r(~al mess as t.heir part .-las tied in with e"J<.,rY01inc el:3e. ';'he ':;it~. j'len-laGer continued the.t a furt-ner bi~ problem in :~hi.j was that t be Gity Jocs not yet have .,'1ritter approval from ei theY' aGency (.'n these plans, I:,h:;\[, he wa3 not concerned abcut CD as thi3 co;.,Ll be 3scurad '0:,' telerhone, Qut needed to e;et it from mIFA and that ,Lf he did go to Jeattle t,hi:3 vleek Hould certainl:l take tlli3 up with IEFA as he and 1::1'. Lane were in agreement that it is absolut-ely mandatory that:. this project he aU.v'ertisod nnd construc- tion starced at the irery earlicc;t PC1s::;iDle tiLle, Ii.r. Lane beinG ready to advertise for birl::; on the 12th. Lr. Lane 261'eed t;lat he believed VIis was the time to take 3uch ac tlon as their ldork was final and complete and tiley see no probleEl whatever e~~cept timing and that the timing is of utmost importance since by the time tile adver~i3ing is completed, the bids reviewed and contractor selected and he ~ets his crew orEanized and on the job that it would be the end of 3eptember and should not start any later than that he thought. .-.,., , ,-, f~ Council discussed how it might correctly proceed in I:,hi::; matter to facilitate the timingand it was decided that the action could be to authorizc the advertisine; when the City Architect has received Irll-I- t~~ notice from the Ci"cy Lanager that he has,vri tten approval from Hi1FA and the Manager advised that he would nor, give perm1.::>3ion to advertise until he had a wr~j.tten approval from HHFA. IV:::yr. L:entmire noted the fact the buildin-3 3eason ':las dravfin:.; to a close and thought the City could not move too fast. The j,janager noted that at the ;':ay meetint; with I:Ir. Lane that there wen two specific questions asked (1) did the City own tilC property where the fire station ',vould oe built - t;13t a proper chec;" was made of thi:3 and the City does have fee ti t:e ar~d has had for yenrs; (2) tile second cuc3tion had to do witrl the hot water pipes beLlt:; adequately protected frem freezing and ;,11'. Lane \"Ias to have given written anSi'ler on this. Er. Lane said that e'v'en wic::.hout the enclosure now being planned, that a fully circulating SY3tem is bein~ planned and that this will fully protect, that vfi th the new CD grant the pipes'.vill ~, oc fully enclosed by 1411 of concrete. ~r. Lane was authorized te 30 directly to the City Attorney forthe c ertification3 from him required by I-IHFA. Clr:m. Stockard - I -would move that -we advertise for bids on the 12th of August providin~ Mr. Harrison is able to receive the con~ittments from Civil Defense and Housini~ 2~ Horne Finance Agency. Seconded by Glmn. Kirkpatrick. All in favor. Item ~8 ta~en out of order since Mr. Lane present Proposed Agree- ment with Roland H. Lane for architect services for Public {forks Building - Mr. Lane!s July 10, 1963 letter of offer to design this building, copies of -which -were provided the Council, was reviewed and it V!aS noted that the fee if designed this surmner would be T,~, ~~ if designed during the winter at the convenience of their office schedule. The Manager advised that this wa3 on the agenda parti- cularly" regarding the public \vorks buillin::; 1tThich HIIFA grant had been received by the City, and since the offer the grant for th~ !Iospi tal elevator so that the Council mi;ht wish to tal(e up both items. Myr. lentmire asked if it was still the opinion of the Man- ager that the public works building should not be started until spring and he said that it definitely was since it was so late in the ~3eas.on and sillce the purpose of the Governrnent!s program is to employ people, that if the City :lad both projects runninG at the same time, it vTould probably entail hirinG out of to.Nn people vlhile in spring tIle same people co uld vfork on both proj ects; Co furtiler question that this was not zoing to jeopardize the funds B3 the Govt. could and had agreed to extend completion dates for wea~her once the project has been carried through certain approval steps; that it definitely vTould jeopardize the funds if the City doe3 not secure these extensions and while talked about, not yetin writing. r:r. Lane advised that his office could is'lle a set of preliminary plans -which may satisfy the timing of t;18 Go-vernment- and t:len fin- ish them later, t-hat these are things which need to be determined, that it might be well to be assured ~hat the money would still be available in the spring. Mr. Morton pointed out also that a much sharper bid could be expected in the spring when the contractors are looking for jobs. 111'. ~ane reviewed the basis of their offer and advised it in conformity with AlA standards; to Clmn. Vincent!s question if there were sumner and vlinter rates, said not, but of benefit to their office in %eening ~ood schedule and not harmful to A.I.A. 4 ~ :::'~2\::;U~~_,"l.r -'.set='.Yl:"; /~U~~1J:";~:' ~-, ',) 23 The I,:la.nacer 0.d~Ji3ed ~ at ~hc ...;i t'J ~,\'ou~.d Vlant to :(rlOV,' that thi.s ti.rr.~~L,l vias S8.tisfo.c~ory ~,'lith :EIFj.~ before corl1rlit.tin;; it,)~~:J_.r to I-'Ir. Lane 3ill~-, :le advised he doul)ted ',:ls off l.ce could ccrrqlote ~,>~ plans t1lis sea.;),. I"~r. l.~orton .:3l.lGgestcd ':':c.~re be La~cen to l1ave tLe G~'<3j~s and requirernenL: for the public works building and "l,e ;{osp L i~al ej '.' :ator separate a:1.1 well defined even tho'_~,2::' ~el'hap3 in l~he same cOlltrac~ form, 3ince~ l'Y have to be handled enLire::"y s(.paratel~'. ell'lL. 3tuckard - I mO'le ,-I" hire Er. Lane as our archl;:,ect for bOl;h J:;ro4octs. the Hospital elentor and the public Wlrks build:',-nc~ Dro'1idil"i~ we~et the ~o-allead and illono',' is avail able from HBFA. Seconded by Cl;:w. l\:ir;(patl'ick. All in fa'or. I 1';:1'. Lane comrnented thJ.t t;1eJ' had ah'lays bee::1 ve1'~r ::> craic;htforward ::".1 their dealinJ;s vlith ti'le Ci-r~y 3.nd vlanted a~ailltCJ say tl-lat they had cl'3- 3ic;ned a buildin; whic11 was scund a.nd sensible ill 1e3i::;:1 but that ~ 18Y could no~ -::;uarantee t.:,i.lt "(,he bids will COl~le in 'dithin the ar.:ount3 of money set up, t~lat due to addi tivcs and ccmplexi :.ie3 of t:1.e ma tc~lin::; grants there are f~rther doubts, that they had desig::1sd as clesely ~3 possible the instructions of t.he Council but simply could not. guara1tee the bids will corne in under the amounts set up. fiiyr. Pro-tem Zentmireasked if there was any objection to takinJ; up Item JE at this time to accomrr.odate the representatives Irma the ::lcnool and there was none. Iter:l ;SE - Rcceive re()yos:~ for 3Cl1001 Burl(';et increase to pos:3ibly aS3ist the hot lunch proc.;ram - The City r:arcager 3ummariz(:)<l the request of the School Superintendent from his letter of July 15, }S'J3, copies of whicrl had b8en prcvided t~1e Council, in this reJ;ard, calli~.;:-; attention that t:,e financial aid requested was for up to ,~4JOC. if needed, that there was no excess in the municipal budget and could not see OilS this early in the fiscal year; but. also that he was in great sympathy '!lith this program and receillmcnded that it be appreved and be paid as the la3t amount under the bud~et - in other words, that the 3chool siould use all the monies appropriated in this bud;et and if that not enough to cover the estimated expe'lses set. forth in Hr. i3rent's letter, that the Council appropriate up to '-,)Lj-;OC. for thi,; pro- gram, and ',JQuld as'3ure the ,:;o11ncil tha":. i.f this is dune, Gnat he would have the funds for this next spring. I Clmn. Vincent inquired of the 3uperintcndentw~t student participat.ion he expected if: tlli3 pro3ram. He advised that he was 110t sure, that past experience in his schools had shown t.hat geod meals at costs com- parab] e to t~103e 3et for~h in their plan had succeeded, tllat if ,~heJ had ()f1l;: 25 children or so, it could not; ::;ucce'3d, iJut really thOUgl1t the Seward school '.vould be aoout like other3 he had organized and "Aat the prograil: ':JQuld be a success though thE' key te the v,hole tilinG he thought was ::,;ooi meals. Clnm. Vincent askeu about. e)~perience here irl Sewarcl and School Board Ee:nber ;',1'. 2:d Burke advi3ed Gl,at in ~ne last years the program had declined to practically nothing, but that in earlier years it had been very 3cucessful, that once dropped, people became concerned and were asking for i G to start ac;ain, t'ft the FTA felt stron:ly enouc:;l1 to form a cOG:Jflittee to 3urvcy the tO~i\rr1 and t:.~.li.J resulted i'l aS3urances that Ul8re ':Jould to at least ~;~5 participo.nt3; also that they planned to use the nice new kitchen which was i::1 the ''li:::;h ScLool pLmt and which had J1!::)ver been used befOrE); tllattho 30ar1 ;123 cO!TIlYlitt.e:i itself for the fir.3t serr~8ster vlith tfle suppor~ of '~he PTA, and that if the pro~rammt a success in that ti~e, it would noL be con- tinued. The ~anacer pointed out a;ain that the request was for up to ~4300. and that it included the purchase of a deep freeze, and if not contjrmeJ tJ:lat the :5upport would be adjusted accor:lin2;=-/. Jc11001 advised. they were plannin~ to uso surplus foeds to the full exten~ and already oriered, but a130 noted that the succes::> depended on ~ttractivene3s of the feeds and if too !mch elllpha3i,~ placed on economy, it 1;Jould defea" the prozrar.l. The pl:.:u:ned DH:;al C03t3 viae .Jiscu3:jed. elr.ln. 7incent in- quired if the PTA survey had included the pot.entially inJl~ent fanlilieJ and v'That lil~elihooJ oi' ~he program reaching the Cllildl'~n of tbc~3e fam- ilies. The exact survey thOUGht to have ccvered but not ~nown fer cer- tain, but I~r. lrerl~, advised tho.t there\-{ere n;C~.J.D3 of vlorkinb 1dith 0 cr a8encieG and ;roups tc assure -tll~,3 beneficIal re3ult and that t~is w0uld be accorripli31:J.ed. To Clr:rr.. l:irkpatrick \'.3 ques-::.ion -1::.h8 i.anas'3Y' 3u~,(::;e.3tecl an~r bud,:et change be only Cl~ the tine funds \lert:; Qctu3.11y reque3t/cd b~/ the Jchool. Clmn. Kirkpatric~- I would move that we indicate our ap- proval of this 3chool IJunc~ Pre Tam and be prepared ",t G:1C end ef Llle ~chocl y'-.:;ar to r.'c?c't up tu the ')!T-~OL. r;;aximw-.'l. i;:lcre;--:.~)e i.n ~'1C; .:)(;11001 8url- :::~et if neC83.3Cir\/. Seccnded b,t CJ_rr~n. 3tcc~<:ard. I",yr. 6(.jnLL.-i,.rc: a.-:3:-~Ed if t.., - 1 '...l'. 1 ' l . , , ~ n8 '..I\.JunCl CGU.Lt;. 1;'2-.'18 a rE;~U..:.ar mO.i..'1.,'l-1-jf rcpc,r-c, 011 'CllS nU~'loer 01 3tudent us.in''- t'r}r:, nrc:,-?y'arn aY1d \-1" BY'c-:Jr+-- :3d.r';c"'r:\r~ ~-.(., \/'lould bo ~lsDp"-r t-o io ~c' T-r -- ~--.-'l . '-'_,.i.'. ~.;.;J~.--. ....1 ,l ......... -.... ~--" ( "-'---..........-,,A. -'-~,__ >..:,. ..........--. J,;. v ...) '. (ote - Al: In lavor. I It,em ~'D - The Gi"Ly I'.;:anag8r-h3~3(~3S0r rec.d ~..118 cert,Li'icatic'll cl tile Fir~"J~ 24 - c.. -.--. ,,.,\ -- -- . "... ~ ,~,,~ ,,,. - _ _ ..J __ . _ ..1"_' .i.,_') " __ ,~":' Z ::;upplelr.ent.al Tax RoLl":;' :'9' - ~-' ~;s j',l:'.ovr;: ,-' FIRS:~' ;)lPP:_K' ~:';"I'; 11.'L:':' C~~~-;~TI.?IG~'~TI(J~l 2(/::: (>_i~') L\i..C -::SAR f:/:: I, JamcC) 'd. Har:'Leicn, G5.TJ L:'"D.,,;(,l' and As,;':;.3sor for the City of 3evrard, do hereby ce",t11':,' ';0',,:"" ccm:,leGion of :,he First Supplemental r..,y Roll f r'. 10,/,,_,',0' "," ,"',,0' . ~'] '1" '''II -d" ,~i' . t.- b" '; ~_. 1 ~. or vIle /) _ "/ c.",^- ~ C'Al, In... /.. .Ln,...> Vh_~ d JU'" vLlen d J ("le Joard of Equalizatio;; in '~,he i3J:,Oll(,t uf :',ine Hundred Ninety-seven rhousand Nine Hundrc;,l:;izt,j-five Dollars (q;'/:?'7 ,:;<)) .OO} for Personal Pronerty assessment valuatLon. I certif" that the Boat Tax is Three ~un~red Seventy-five Dollars (~375.00). . Therefor, I certify t:lat the following is the complete tax assess- :nent, including the Original '.c'ax Roll and the Fir3t Supplemental Tax r :toll: PERSONAL PROPERTY Original Certification :,51,218, ()07 . 00 Adjustments Error in copying Add ~ 14,937.00 Supplemental Tax Roll 997.965.00 Total Adj's and Supplemental Tax Roll TOTAL PERSONAL PROPERTY ASSESSMENT 1.012.902.00 $2,231,569.00 TOTAL ASSESSED VALUATION AS OF JULY 15, 1<)63 ':).770.702.00 .~9, 008,271.00 -il- REAL PROPERTY (Original Certification Orizinal Boat Tax Suppl'mt. 11 II cP58o.00 375.00 .~955.00 Total Assessed 10% late filing penalty in Dollars ~2.033.43 Additional Supplemental Tax Rolls will be prepared as assessment work is completed. Dated at Seward, Alaska, this 15th day of July, 1953. ---, James J. Harrison /sisned/ City Manager-Assessor Er. Harrison then summarized the differences in this report as com- pared with that for 61-62 at this point: Real ~88,a05. under, Per- sonal $294,582. over, for a net gain of ~205,777. Boat tax ~125. over and the 10,; assessed late filing penalty ;~1,568.69 over. Glmn. Kirkpatrick - I move we receive this First Supplemental Certified Tax Roll. Seconded by Clmn. Vincent. All in faver. Item 6A - Discuss requested Seattle meeting on HHFA Fish ~eal Process- ing - The Manager reported that ~r. Ralph Rider, the Governor's Area Redevelopment representative from this area, had advised him that the president of the SoutheastemDevelopment Corp., promoter of the Fish Meal plants, Mr. George Anderson, would like to talk to me, and that he had learned that the $75,000 for study money had been tentatively approved for this corporation to study sites and site desiGns for a feasibility report to be made on whether or not the fish meal should be put in, where, etc. and t;1at it had been admin- istered through HHFA; that HEFA \'lould not go any further until it had a conference with representative of each of the five cities in- volved. The Manager continued that he did not know now exactly what the responsibility of anybody in this matter is, that he has an application from I~r. Georce Anderson for advance planninG money for this plan; and that some of t,he questions which come to his mind were is somebody expectinE the City of Seward to ask for ~75,OOO. for this program, or for 1/5th of it? He said that he did not kno'l'! and apparently no one else knows. He pointed out possibility there may be merit in the plan or the Federal G~ ernment would not be preparing to put in ~75,00C for this study. The Eanager then presented to the Council the plan which is proposed for the construction of the Ketchikan facility, which he noted would not necessarily be the same as Seward's plan might develop, but noted that it was quite an eye-opener in that it contained dock s~ace for large yess~ls, fishing,fle~t tYPol warehouses, fish cannerJ.es an~ many <;Jtr;e:r: ltems plus tn.e, fl::;h m:a. J?lant, a;Lso barge unloadlng facllltles, sharp freezlnG facllltles, mucn of which Seward already has. The Manager called atLention that much of this has nothing \vhatever to do vlith fish meal processing and , 25 t'lc.r"~ n;~ T!r~3 Ier'] (.:(V ~;~ 'n."_~ _[".'1. "\,'f-~~~t ,'::i,.~r 1..r2""~~ as~cJ_n,; and TrIIlat mal not ,)(~ uwierstooi, i ~ ,,!1 ',f ."f; :-. ~I!" c,dw':_ ~.o :;c. i~to -;;he vrarehouJin:j 1)U3-Lne3S cr if i~ -,;E-:r_ t:':;.l,," s. f~~...,' ~--i;;a. pl'\'_~(~s.sin.;, llovl mu~h of L~~_o EIO'0.O:j:~T i3 fur fis L(;(_t~ p.c(>~i;_i.~.j ~l,; '~.""~'j. hcvv r-; ~...;~: for t:'18 1,AJarehousin[ and docl:s, l~ilat~~,:~I~'~;1~ Y.,P2!";~\ .~'J' ;;. t..[" '~, ._~ '1ue..3t..i.c;yS he thcu,~;llt the Ci~:.y need~,~dtc 11a'I8 a,-...;~:r(:r(..:rl. f'\~~l; ~ ail'3.,_:C;I' Cl'nt:_ -.-It~d t:lo.~ be ',vas ]lCJL. 3a:Tin~ the program VIas ~_C 'J ,:c':.~d "I}~'3..t. "Ja._~ 31.;'1~-)1::r VI[L____.:.Jf;ri~~:.:; ~/f~l3.t :'3 re:llly beinL~ planned, t,o, uE:"b~" :='::;'.r:cr::l Jce~ nc,:t n('2d all tni~" and naybe ~hi3 pla~r] is for K etc~. i..\o.n c~'ll",T, bt;.t. ,~:LS'_ t b e~_~orc the C i t ~J\r of J e~vard ~rIC ulcl . " eve:-l fill out thi,J fO:::-'T:". ',-'~ 'La3 r-..;cciv'Jd thc-lt he thoU~=:ltt.he i~ity sholc! kno'fI! aJ..l about t~ .:1-3; t at h'_~ -.'.ad :.x~"~de~s~::-.oocl tilat tl1i3 vlas a basic p1 an t:1ey intended -::0 })l.lt 'J.~) 1.n !.'\T8ry :;ity chosen. .- e [":U__ ,'"".r I">r:;--:' '_ ~ ~'" _._1 --_: , -- I Cl!!1n. \Ti~cent, a3:,'ccl if thi3 \f3.~3 a~'l CJ.c(~epted plan or prcpo3al and t:18 I~lan3.~~er saiJ proposal enly, 1~:tat as bcs'~ llf~ could sort it out that only two would be built ri~ht now, one at 3eward an::l one at 3it~a??, the i~"ro ends of t.;1~, fL;hhl2; 1~rou::;n, and that thi:3 sounded mucll mor.s feasible than t~e feasibilj.t:r report. Tne Nana:o;er continued that aft8r t18 {lad talked to J,Ir. George Ander30n of 3out,heaster Development :~orp. that h';, had reported to the Cllarnber elf COIT1J'ner jU.3t '\~llat he said 3ince t:li3 is a Chamber project and tile Chamber has writ',;en G lecter t~e Coun'~il has ::;ayin,:; it 'tlant:; '~the Manacer to go to Seattle for t~i3 conference with HEFA on this topic; that he advised them t:lat he '-'fOrked for the City Council a;'1d 'tfould do 'Ilhat t,he Counci 1 in" truc ts, that he :~ertainly not look in::; for a trip to Seattle as this 0118 reason he left ~is position with the State of Texas, net caring to travel; but that he dil think that if the City 1tlanted this project tl1at it r:lU3t send a representative of the City for thi3 conference; that t~le '}or ernment dces nC1t \,van-':::. to di:3cUS3 this vri"t,h the Chamber of Commerce" or a prcmotional [)Ody, but with the Gity. ':'110 Y..lana,~er also advic,ed that it is neces:,a:~y te knoVl al)out the financin['; of this proposal, that in the beginninc it was said to be entirely vvi t~lout ::ity participatioE but i t~ is net. clear now that. t~1i3 i.J t,llC casc- that it sound:3 ~-5or;le'JV:lat li~--:e t~_Le] Iilay be tall\:in~ about a r2V- enue bon:i iJ3UC' for the Cit:r, and if so, thi3 needs to 80 l~no','rn. I Tho Lanaser r;lGported also tnat TUFA ha:3 "l1'i tLcm for' it'lmedia~e budGet acceleration fer the Vo!ater pro;ram awl t:mt this L; perhaps out.:3idc the abiJity of t':e City to pay for, and also Lhat the vrhcle Accelerated Public Jor'.:s proc;ram :3ee".3 t,c be dribb] ins in jn 3uch a ',va;' t.ll.:lt the over-all to-:='o.ls bein:; appro~ied araount tc tlGre r:"~-lan the a~;10un:-, of the ~~ity's He.. 1 priority 1,'I>lici"l VIas the pavi:C1"::, that th.c City is al- ready doin.I 'the t,'fO major p'lrts of the "rater proGram vrit.'1 it::> own capi~~al t-:10ney this year because it vIas required to do 30, c::.nu tJ-'Lat if he i,3 sent to SeattJ e, t:lat he \'Iculd trj to ~et tiles'.:) all:Jcation~) chanised tc the povir~~. Clnn. }-":irkpatric~.: ~.~ rnqve i:VO autllqri::8 t:H3 City l'\'J.an9.,-:~cr Clnd instr:~~ N!lL.to take (~lis trip and~EesenG at ti](:3 meetin;; in Seattle the_ Sth Qf Au,"u"t in the El-IFA officesL-Bnd..Lo l!lake all necessary prepara- tion:3. 3ecof'[led bL__Clrm..!-.5tockard~_All in fay-or. The r:ana::;er said he certainly hcpAd the Council ::lid not foel he had premoted a trip to ~eatt~_e, tllat he had done everything he 8Cl11d to ~ct cut of it, but ',ro11J-'.,1 nrl,r r1,~ -t-Jfl''''I 'oe'.~1' -io:-\ f'('~"" ~-i-,'n i":-i i--'<I' 'r->l::lt ~1c. Y"'c:,~r<-i'Ol'T r--.r",l-i:i , --., ..'" "...... .-'-" '-" v 0 ~"' ~,"-'- 'J. '-' '-'-.. vJ V.l..'A ~,~ l' '--'oJ...... ___j ,-,V:.A-l- . I Itenl 5c - Frape s ed Rcso l'J.t. io"l j'q o. :: 21:) re ques ti~:~ L~:-~e Static H it)l.VJay DeparLrn{.:'lY11- -t-c '''C(lst.rnc+' r'ro-r~(~Y' i'u-....r--,c:' ':lr),-l "11trE'r0 !->'roll'~~'l ~-h~ Qy').t--i,..-.n - __~,V v '-" '- _, v 1:' .t' "'- '-<' .... "-".I -<.. ..J. L.J..A..J ..:J ,~_~ -...u~.. L.......... '"~ ~v_~...... Stat.e ~~i~:v:iaj' if: SC\"Tard - The l:'~a~rt -:er :~'e~ortej tll:3t ~Cle hD/l LRlk:ed thi" maiY't"n~:F'(''-' 'l'roh]cWt, over> ",)';-;1 t-l-1P 'll'':''h1'IP'f D,-,r,';rt"eJ'lo. '.~C>\Je~"l ... '-'~ ....J'- -' ...... _'-,_,- .... ',,~. ,,~.. _ __ ~ Q_ I '-^' '--'l-'c...- '~u v J,.. J. c...J.. " 'd ' .. ;-'" t" ] ;.JlrjlC,~) c.!l 1.~r~3 .3?rr~r. ~OWll' "/!as !10 v lr: l^!":-L tl!1:3 ad J:"l ey ~-la <.re :lC rsc 0 _- lect:Lon cf :1.'0, OU-7_~ 'l,hat one of our Cltl.33EG lla3 ll(l~vV ~,)ri:,t8~1 to the St,')tc c:oIJlplai~-:ir;.i'; of the !r:.aiDtcna~1ce T:.[O:~:< 1'1_0','[ bci~l-::; done and ha_.3 r~i ,} en }1-; pl a ,. cp ~r frr i l1-='ornlSl i- -i OY"l Th i ~ ,... i r'l r'?' on ;"1 ac' "Y"".r, ~ .(,". ~-l(~ 'ill .t. .;.-1-' a~ '-' ' .._'c v J _ -'....... ..C>.'..I_ ~.I,. _~...... ......~V~"-I'-'.. .~ ..") i.."'-'.......,u'..-....c. ''--''A.V v..... v deepenin[~ the ditches i:J a llazard, vIhi':~-l i.t, i3, that t~ie culv~8rt.J l.l ' ',' "1...' J ;-::l l' 1 '~'IillC;1 ar(~ ,~OJ.rl;.~ lD are J_l.:<:C lJ~_ose U.3cr on Ci counv:;::-'~' rea, an( tLlCY Vii...l-l act a3 30 ~;any dam3 by sprin:.;, that tl:i.3 re.3()l~lti(;Tl 1..:5 aJ:~in.s the 3tate to pu~ t~'lic~ ::i0h'da~r _i.~ the c~~ndi ti?~ a G~ t? .3>,rcct ..;houl'i ~:,;e; -:,l12:L it. "',:':?:3 tn:,Opj.nlon of trlOS~; he ~l_3.d tall\:ed :'Tl!-,:l ~'-:':lC1t tllt-~ dra-ln2...~S :;ia'J JUC:l -~r12t, d~~l.,C,lt?...) 1.\rc:r(~ ~10i~ nec,:)..J~ar.l and c01.11:1 be t.3.':1dl-::d C\T8L (,^Jltll()ut HIliier' . TO unci u' >, ~ i r: ~- c>. "'1" '. Y' l' '-' ,. ,.- " " ~ -; , It 1" t' t ' 1 .:......... '. .l..':".1..~lu..G'- _~:'- \hl:':~ ..t;-,.c.3l-;;J'J J.2.-L":. (:_~ .~an(~. \:'/::1.3 C-,:,ar:::"'8o. ~12 a..;..__ ~,nlJ lS O:l 3tatc ~-.l~}~T:vay rl[~llt-of-1d&Y. HesolnGic~l ,~~0. ;.2) ~d:J..3 read as folJcH3: RESO:'1!Tlc:r ~JO. }.2:) 3E IT ?wESOI..JVE.:J tn.at the GiL:/ G. .:J(-~'.^"Iard, tnruu~hit3 l._ayor and c~,'-v ~"I" ~ "I' b "+' ,~' .," D +' ' ..L1J.I v..LC !:', .LJ .18 e y reques I-:'J_nL v~-l3.L, v~le _ilgn'i'!ay (~~'iartwent O..L tne Jto.tc uf' Al.:l3i-'..:) con3truct the '~i ,jP !)orT.ic,n(~ "i -1-,~le '-"-',--j ,'~tl' r;{T' -:"'1; .J'>l~.'Ta" .- '"-"- -'... ...... ~-~'-" v..... _.~J \.--...........'--' ....b ~J.......~~,'i.j' ;ivith:i_!10~1(; ciLy limits of the City of 3eii'lard to tj'l{.; standard3 u3cd 26 .~ .. C' ~-=,__ :.,=: h , ; ~ , ~ '--' .- .," -~ 3.nd established f:'Cr;, ,r'~;CfC."00:, ,:;,t;"':,[ ,r."ou~> ::aJl.way Avenue, by t~e installation of p:tv.:::.:; ,n.1 cur,' a'L3. .'; ,~:,tc,rs '.:Jd drainage. BE IT FURT1-lE? :'c'::;::;u:;:'Vl::D -':,;l",L .if tl,is calLe, be done at once, the Iishvlay Deparcmcn:, of :",e:l~>a1;~' 0" A1e.31:;:, 3 i13.1 J. fill the bar ditches n01;,' used wi thin t,1(" ::;:\.0:: oC .3,~,varr! t~ ,1 level '/Iilich shall make their property accessible to ;ropnrtj 01rcr3. This Resolu;~icn '~C belJl fuL. force and c~~fect immediately upon passae;E' and appro \'al. Fas3ed and approved by the Common ,'::ouncil of the City of Sevfard L~'1.i~ 51.,:1 da~" o_~ J\:..t.:-:U:3t, 1'" ~,; . (::lmn. Kim: patrick - T mevo for th(~ ado-:Jtion (jf Resolution No. :3 26._ 3econded by Clmn. Stockard. All 1n fafor. Item :)D - Proposed Resolution ITo. : 27 establishinG regulations and cllar;;es for the u",e of the tran:Jicnt~ float at the 3r:1all Boat Earbor _ ':'hc Lanaz:er advised t:lat we have C:leckcd a.3 best we can to find t11e written policy for the transient float, and that it was being pro- vided merely as a courte::;y to t.he transient people who come to U.3e our harbor infrequently, and in a manner consi3tent wit:1 havin.:; a part time harbormaster; that the administration of the transient; float encompassed also local per::;or13 vflw used the harbor only in- termittently, but that these are not transient users by anydefini- tion of the word; that some of tha:e local users of the transient float have been quite steady in the past, but again this not the pur- pose of this float and it is causinG quite a problem 'tlbich is now chan::;ed since t:lCre is a full time harbormaster; that he believed legislation by the Council was needed to establish a~olicy for char::;ing; that in all waj's Se\vard Earina desired to follovl the City's procedure in this except they were asking for a charge to be auth- orized at ~l.OO per day after five days instead of the monthly charge after two weeks as the City was doing. Proposed Resolution No. 327 was read and discuS3ed und t;he Hanager asl:ed for the resolution to be tabled so that 1t could be amended to include a definition of transient and also to learn '1lhet other Giti'3s in Ala~Aa are doing for :311ch boat owners. Clmn. Stockard - I move Vie table this Resolu- tion No. 327 until tne ne::t r:;eetin{~. Seconded by Clrm. Kirk~rick. All in favor. Item 6F - The Eanager referred to reque:;t 01' the CahL1ber of Commerc e to secure the Seward Sanatarium area for t'lC City, notinG that thi::> ite!!; had bedn taken up by che Council several time:; 'ilithout formal action and that he had a~)ked the Chamber of Gor.unerce to support tllis action, that he 'Has concerned that t;.lis land be 5ecured by tlle City before t:18 borou::;il vlould be in a position co take sucb land. The TcIanaser continued that hfl had had a conference \'lith Col. Davi:3 of Elmendorf re3arding their recreational facility and had learned that they are deli,o;:,ted wich the area, but they have to opernte from that area under a ninety day recaptur-e clause 30 that they cannot; possibly develop their program under those conditions. The Eanager continued that he understood that Civil Defense is g.etting out of tile property busir,ess and that Vihen It/.rflt(ltJ-~t##rf thi,] legislation L pass ed, he would recommend that the '::i ty retail' only one building for all its equipment, that CD is selling the house formerly u::;ed &s a re'.,idence for t,;w watcl~lman, chat he had t:lerefore asked the Chamber of -Commerce to support the Council in thi.3 political actien to secure fee title to this land; that he was recommending the Council take action to secure this land. Clmn. Stockard - I move that Vie instruct the City Manager to take the necessary step::; to acquire this property. Seconded by Clmn. Kirkpatrick~ Clmn. Vincent asked if this was to encompass all the property out; there or just that occupied by the mil- itary and the Manager recommended the City try for a11 of it as there is no other use planned, the once planned National Guard heavy equip- ment depot having been placed in Fairbanks; to further question, that Ulis was noc an annexation procedure there being no abutting property to City property. Vote - All in favor. Item 6G - City Manager's report - Have a letter l'rom Soldotna request- in~ use of our ~ail and would request permission to submit a contract to the!ll under the same condition:3 as we have "lith the City of Kenai and the Federal G~ernment, care without medical care at ~4.50per day. Council advised to proceed. (2) Have hit a problem in the junk cleanin~ up in ~hat the ordinance requires suit be filed bJ' the City Attorney instead of a simple mis- demeanor complaint by the City Hnna,r~er; chat in reviewinc; this ordi- nance this had not been noticed and it was discussed that it was not the intent of the Council as best rememhered, this ordinance having t....'-: Z -, '- r.r.~ i- I I I ---. 2'1 , d" f' ) ' '1~ ,.~ "r,u";nc' 'ut"'orl'"'V' . ur:;er't aJ apc.erl .'. rCrrl :~e --'(.;co 1 l~ .' ,.: t : j ,'. ...J.d...) '. _:1 l1u :.:,...... (:) h Ii VJ' that ;::;ho :,=ana~er .3 Cr).lJ['er~lU; ~.~ :=h', '>t .tt()C:H~Y to chan,~~e or he S~lcul.ri DrCD.~tr0 lor the At,tc. ~"2"1 -,'r'~; "J.n',. ro >..~~~.. a :: -..an(~e of thi3 ordin'3.'1' C :permi~t.lng.L ~ ;i;rerfL:ano--' .:hc:.Y',~~;" _.~.:.. r.l~~.~ 0' .)'''',r1.ts -r.: co~rt to cnfcrce t13 junk provisions. '_e;'~'.l~ S.:' (; 1__ ~ '_ ~ , J ~ ~ _,'- ~"- ' , ,. (3) That he had i'lviVd, o,~ :);:;a'~1~ c'~ (;8 Gi ~~', Admiral l:3akuta to tLe Salmon Derb': and he has ncc(;;"','3d and L~ brin,,;incr; his party of 22; t.hat he eouid not take aJ.l uf :'11~~3,'; ?(;oplc fis~l'i_nz in 11i5 o\vn boa-: and wold appreciate any 11eJ p. (!+)Al1 real property w'1ich "'la" .3old in the s:\le of Jul~" 15, 1963 has been paid for and titles delivered. I (,,) n Ac'-t-od ,'..,," Y .>-, Pl'~ ';'~'I ,..:,,' ) :I.equ_",v,~ permc.e>SlO.l vO .l.L~n.~"" VH'-' would like on the Brownell and Kar~ules sui t and I.:r. BaUlagart,ner will t'wn give i!1for'!:laticn hr. Baw.~:::;artner property re the (Juiel~ title a quotation for feo. Authorizec (G) Also, r.-:;::;arding; the 2 "q. ft. orunze placCJ.ue cpmmemoratln;; toe gift from Kr. Kargules, that he had found one at a cost of ~240. and would like authority to procool. No objection. (7) Reported that he had inspected the mouth of the Lowell Canyon div- ersion tunnel as requested at a previou3 meeting and finds that it is :i.n t':le same condition as itl--has becli und is as safe a" i"s can be. (8) The electric rate decrease ordinance transmitted to hr. Sheppard of Grande ~ Company, holders of the Elecr:,ric Depart~ent bonds, and had rocei'red no comment, ::;0 trley are evidently pleased witn it. (9) Presented the City report of ~orfolk, Va., \~licl he nctel about the ultirna.te in City reports for usin.= ::')ictures and color and a rnini- m.ur(~ of data, but TJl!ante1 t:18 Cou.ncil to .;),::;e tl:is type of City. report. I (10) That he had report-ed on hb meetin:; 'tJiUl tile Airfcroe p'?ople _ noted that he al~:J"a?.J asks them tc Ll(~ct .Hi th tile Council but tLey ar(~ unable to ::;~ay that lon~. (11) That he had ::;i ven written repo:rt 0:'1 tLe Union Oil cat :er and would give further report as soon as he returned from Jeattle. (12) That he had ::lend tile Gouncil a copy of a letter from Er. Durant regardin; 'tJaivin:= of sale-:i ta.x or part of it, on a large 3ale3 such as a boat, that this letter is addressed to the COLncil and delivered to the Council and that if any member v,i3;les this be er; the a:;cr;do, that they ask for it; that he would not place it on tne c,~enda ',vi'C,;l- out requ83t from th(~ Council ~o dG so, that he "dill not reccL1l11end its approval. (13) That tl,e (~hlorinator and control b"lildinc; on ;;aratI10n has been co;npleted by the ilat8r Foreman; tint it is very nice, j;lOwed the Council picturE.:s of it, and reconnclencled ,;hat they inspect it. (14) rr~"l:lt all of o~r '..-Jater sar:1ple3 taken last vreck \-lere bad, tllat "':tJ8 ,,;ot into a situation ','lith 'lJ!lter washinsttrlO ciilt off tI1S :oned and carryin:; leI Cl,;cltamtnat::"Oll so :lOW runninc; t.hc pumps 301:'0 ever:! day to ~(eep chlorine in tIle .3Y3tr;~~. I (15) That Alaska TGlophone Corp. i-:i not chargin~ sale3 tax to cut of town custoIllers; t!1at he VJaS of the ol:inion this should be charced and 'lfcl:ld :JU2;se0t that t..'-lCY t!.:l.ink of :iLL. ( 1 /) em ',D' "., pn j-he' t T ,nl " ' 1 ~, . . ,) 111a.... ...-~OJeri~ ~:()l.lrnan, vU.e l y S .2., E'C crlca ~nLJ~n(38r lS ~o:-ns out of busines3 and has turneJ his practice to ~r. R. ~ Uetherford; that he wou]j call on ~r. Retherford and pick up ourfiles on the projects which have been ccmpletG:i. (ir;) I-Pli:-.+ ;'0. -.rc,u1(1 r'.:=orqJ.r::.,":' nnY'r-i~~'n;C1"" t-o 1 C'" jl.-"..., ,....j ,..~. 1 ' .... ( .....~,............ .1.C ... __ .....~1- '-.;;;.~ l.' 1:~'-''''' "J._L00~,_.. 'j P (} ~ c,n '-"lC ~...C,,',- J ctL.::,c~lLla the i te::::s ~.~ih.ic;ll CII;~n. ,io.lk.cr l1a3 dra~dE up in .J. 12 t tel' WL.~ich !tfa3 s en~-, t,c a,~l mer;::bers; t>lat sIle had d:re.'d~l :~lI) t,1~le:3e su...s,:C'::;i.::.=Lons for empha;:>ia f ", t r T , '.. t ~ t. ' , " 1'" o ....1.. 01 .J pro~ra:;: loa::; u year; ~lav 1:"13:'3 ':'l.lC ~/tay p annJ_nL:; oy tne Cit/ i;:3 ~~ecur2~1, an.d if nc u()jection \ATUuld place on -'-:he ne::t:. agenda. 1'..10 ob j 8C tj_on. - (13) Je ~.>3V/~:~ h2_~f~d t~1e Contrcller frcf:1 Al~ura;s CaliJ'ornia ::Z)'l(.l 1~'.~~ 11 _~ ." wi.... arrive prooabJ y i::l abeu t three j...[ee~.c3 or a rnonth. (1';) wife have t'tlO quiet title suits fil(~d. a(.;ai._1.st us bv tl~e ':'>tate 0': Alas~:a l~~, quic-t ti~18 of prot-'ert~/ near 0118 ~ airport. If no objection, wil]. have tl18 Attcr~e}r file an answer protectin~ our ea~cments out tJ~ere, ~}lat tie State i8 not a:fter cur ease!JentJ~ ti"iat ~1ile it ~{ill cc~ l~J a l=- ttlc l:lone'l, t,hc.Jc are thin,~:-) VIe '",'ll;-jt do to DYlU.~'-~F'r' r ellY" c,'"';c;.r,_ 01 ~ -." - -L ... ." v oJ ......... .....,................ sent;]. 3econdeJ bv Gl!ii:l. Jtvcki1rcl. '1' )1'~/.j- -Y/'t-'7,0 ",..,fl/t-/J-(rJJ "r~ Perry 2. otoc;(~on, hayor 28 .]r'lccial :"Jce"'(;in2: Ausu~Jt C;, =-~' ~)~ ne~ular ~eetin~ August 10, lS:~~3 A 3Decial meetiw,: of the Cct~ncil fer the nuruose of cOY'siderin'" posc:- .... '...... J. ... - Q"" ible waiver of ~he openin3 hours for bars under Ordinance No. 294 on Surla~T, AUGust 11, and 12, lS:)), wa:3 ca:Lled to order by I':ayor Perry 3tockcon at 9:C7 p.m.. Roll was called and tiosc present were ~yr. Stockton, Gouncilmen Hal Drinkall, Richard lCirkpat;ricl\:, dilli3Jl1 Vin- cent, Del 2:entmire and Paul Stockard. C1rI:n. ErmaiJalker was nbsent. City Mana~er out of town. Itern 2- per above reaS()D for ~neeting - Clnln. Zentr:lire 0ald that thi;3 request had ucen made by some of t[10 citizens of 3eward, tm:payers nnd businessmen and that ti-le reqtles t :;;hould be [rom bars and liquor ::;tores and that two years a;o this was granted andU18refore is not ne\,l, and thOUGht so not nece:;;sary to have a :;;pecial mee ting that he thouCht this ordinance should be caanc;ed to ma':e this a standard requirement one way or the other. Myr. Stockton requested the Ordinance provision under consideration to be read and the City Clerk read Section 8 of Ordinance No. 294 and reported briefly the comments of the City Attorney in reply to taG question of whether :3ucil an action could be taken by motion or resolution to change an ordinance, that he had advised this was not correct and le~al, but also that as a matter of practicality, probably if no stronG protest, it could be done. The City Clerk noted that she was reluctant to condense the Attorney's COlillnent3 as he went into the matter in some detail and she ~ould be concerned til'3-t in being brief the eS::3ence of the advice; miGht be lost. Clllln. Stockard asked if t:lis reque:Jt was t'1(; same as the State law and I,lyI'. Stockton advise::i that it was. C1ICn. Drinkall asked why the particular hour of noon on Sundays was chosen for opening and 8:00 am weekdays and Lhe I-Iayoc advised that he .'las not in office at the passage of this ordinance but believed it was in deference to the hours when church services are being held. Clmn. 2:entmire spoke in favor of t~e action saying it was only con- formance with the State law, and thought the later hour I'lOuld not re- sult in less drinking on Sunday morning but would only send them uutside the City limits to secure it, and that this Salmon Derby function is to try to increase the business within l:,he City lLllits, so that he felt this should be allo'.'led in order to J'L as l'1uch bU3i- ness as we can during the Derby days and within the City limits. Clmn. Vincent requested consideration before the mol:,ion of the simi- lari ty of this requc:3t and that of Hr. Durant for an easing of the sales tax ordinance and tilat the trend of that discussion had been that it is difficult to keep ordinances strong and useful and re- quests are usually to \'leaken them and wondered if this request -,,[as not of that type, and that if the ordinances are chan~ed just on the basis of lettinG a few businessmen make a fe\'[ more dollars if it, is necessarily a good thing. Clmn. Zentmire thought no compari- son whatever and noted that this requGst is for only two Sundays and for not all Sundays. Both Glmn. advised they had no strong feel- ings on this subject. Glmn. Drin;--:all advised that this was only eight hours of business per year and thathe could not see the need or that it would make mucil differenc e. Glmn. Zentmire - I would move that the openint; hours for the day cf the 11th and 18th of August for the bars and liquor stores be moved back to conform with the State Law in Ordinanc e ;\10. 294 and this is only for tho se two gays. Seconded by Clmn. Vincent. Glmn. Drinkall No; Glmn. Kirk-_ Q,aj;rick_Y~2J elmn. Vincent Yes; Clmn. Zentmire__Ye3; Clmn. Stockard les ;_Il'{r. Stockton Yes. r<otJon passed. ~lnm. Drinkall - I move for adiournment. Seconded by OllEn. Kirk- patrick. 9:20 p.m. Attest:: Apppoved: ~o/ (~ ~/i:, Perry R. Stockton Clerk-Tl e.~. o<J~ fiL~eLL B&atrico ~. %~tto, City -----~---- Regular Meeting A1@st 19, 1963 The regul'3.r meetin,~ of the City Counc il of Aug ust 19, 1963 \\Tas called to order at a:04 p.m. by Mayor Perry Stockton. Roll was called and thcs e present were Iclayor Stockton, :;ouncilmen Hal Drinkall, Erma Ivalker, Del Zentmire, Paul Stockard~ Richard Kirknatrick. Dlmn. .Jilliam Vincent was absent. City l'.;anager James fiarrlson also present. Item 2 - ~inutes of Regular meetingt of August 5 and Special Meeting August 9, 1963 not yet transcribed. "-'" rz t""" -- '- - e-: --, ,,~ -L.._" _ -- -', ~;.. ~ 29 Itc:~r.l 3 - ~":O ::.erSODJ l'~-3. ~,~ .'"; 3,.1 ", " b :'~_:'"'J -; -r ). ~ 8cuncil. Item 4A - :)8'::or.:1 readi" ' " ,", 0::'.,::',:.1>) ::0.;,<5 -::;rant:Ln,,; t, Alaska Tc1(;p!'~or;.e Corpo.':"-.-~.f:;(; 2. _'~Jn~ i..__ Ll pl"cvidc :_~elephonf..; seriTi-:..c iHa:3 had by number and L~.'~~l,;. '~ ]:~~_~a~:c~"'_' ~1.d-;l:L.jed t.:._c.i..t he liad sent ~ copy of th~s ()rdin:].n_'~; ;:"l.-I~.CJ-''"',-' ...: A':,\; cL'ld h'\d J~ccr~ivccl no CCm!:l:~--: on it. Cl:iLl. Dri~1~-:.3.11 - ~ :r~"l~_;. ;:~ ),;'~.; ;.~.~~t :.:,lli,~ D'] :Ul1.s-idercd t,{18 3.::C- ond readin :'; of DroPo:301cr;Ti-:,a:l:~ .:~. -:: ~. 31;con-k:i 01 Glmn. 3i:,o;:::rd. All in favor. I Item it'3 - :Jecond n~adia' co: "1" ,;,O,jwl O,'CLtlJ.,'lce No. 3 ;"J e:3tablL;hi,', ";' -1-,,;....," ""-,,, ,~__f:'>r'"'(-.,...~~-,::loT..'S'I.T2 le': \ "h':l....:l'0-,,(1'1'b-"'" YH,\'T te eloucn", ro-/e", tt, ,18 ~~"ev,.~,'l'_ ca l,,~r. , / )';' .fa", . ~'-l OJ uU.,,;r and tit.le. 1'he ;.;ana..;el' ilcLrL,oJ ';,L.3.t ;1'-; haJ aL;o '38nt a cepy of t::L: OY'Jin.ance to ATe and t'lcir :,:r. Jall hal se:lt a le::,tcr back requcsti.c~~; that the rea30nable rai~e of ceturn b2 lefiil8d iD t,le ordinance, bc~t that his O\\Tn recommenJaticu ':la:3 t:lat t'l() City not de this since there are many many lawa settin.:; t:1e r:aso!iable rate of return for telephone utilitie3, but that if it i" COilS idorel that he ':l,)uld think it shcujJ be; left in the broad :liEjCretion of tho Goun8il. :;In:n. .6entmire - I vTould move for the anDro'Jal, of :-he see ond readin:~ of CildLlanc e No .J.l2, ~ as r~ad. Seconded by Clmn. Drinkall~ Vote - Glron. Drinkall Yes~ Glmn.,'/alker ;;0; Clmn. Zentmire '{e3: 91r:m. St,oc:<.:ard-1.e3; Glmn. Kirk- ~atrick 183: T.:vr. 3tocl~ton Yes. I,~otion passed. It~lJ! SA - Fre'Dosed centract ,tTith City 0[' SoldoL1a fer jail services, propG3cd Re5c1ution :10. 329 - This Kesalution ~Jas read as follow,J: RESCLUTIcn I'TO. -; .2c 33 IT RESOLVED tllat the City 1..:ana2>:;r and ~ity :~] cr~: .qre hereby authorized tu execute a~J deliver contract dated the l~th day of August, lC~~, bet'deen ti1e ::::ity of Se',:ar'l awl the City of Soldotna for the care of ~ity of 3uldotna DriJoners in the Seward City jail at the? rate of four and ',ellOli ():~.5(j) Jollars per day. T:-:.i..J Ee:Jolutil" n passa~e and appro'ral. 195; . te br.) in full fc,rc e and effec t in::..scLLa 001y upon Passed and approved this l~th day of AU~U3t, I ,~lmn. ,lal:-Ccr iClCjuire,j as to '-'That prompted ti1i) and ',;onlered ,tliq t'le City of 301.Jetna djJ not contro.ct It.ritJh t118 'City cf l~_(~nai vrhich hai a nc'/! mcdern jei1. T:1e Eanag;er adv j,sed tha': a letter r<.;lJue"ting t;1~,3 contract had been re:;ei'red, tho."'.:, he had noted in th8 papers ne,,:ctia- tions bei~ween t'18 oth(:'r 0':K c,Lt;ies and the" no a:;rec;,1ent~ that thL; con.tract VJas tl:s )an~c fcrm as that S{~\"larl ~n.s.s \'ii t'(-l tile Fc,Jeral 8-0\r(:1.rn- men':' ani hal ..IiL~: the .City of '~Cer..ai~hou.:~l it is r.l.(.~f,,; c:.:pircd. "1 "'r., -I . 1".J:' 1 ,... D '1 t-" '1 .\ l( " d ~ mn. J~lr{paCrlC~ -_~ move ~cr Qnprova c; lLeSO~U~l0n :.0. 1~/. Jocon- ed bv ~lm,n. Zentrr.irc. ClrrtD. wialkcr as~=ed if th.e cl-lar,'38 of ~4.5C per day was really ade~u3te Jince the prisoners are being f~d at t~e res- +- m' '" '1 ' 1 1 uauran'0. ';"~1e Lana.3cY' sale... ::'ney get on y 0:18 mea p8r day at the Tes- taurant and the othe~s are fl_xed at the 4ail so th~t ie b91ic~!cd t~ would cover our costJ adauatalv. Vote _VAll ~n fc;or. . . ' Ii'er1' ep D";r.."IU~.:: ro.ou-(-"..~-t- f'C'I~ --':nl"l-+- ""0001 Tlo"r', '':+'''r "r1r--ro.;"", -' - v ~ ).1.-) - .L.-..,)'y ....,)J, v,Ju... .....,).:..~... .~v-'-.l..' --'_ ~) o._C.-J!_'i.i \JuL'-_l'V......_> fl...;8..1i-l.l....;J r8z:G.rdi~i~ 3U:."pJU.S 3CLGCJl fin3.::-lC'os - :'-'":lr'. Stocl=~oc a3::srl if;,here \123 an ',7 -11',"'C'-Y'''''':l-+-l' o'!"") T1ly-.t':1Dr t"r' 7':," loLi-nr' I'OCOl" ..,T.~-" ~ -p......r'.' ' :-',..,1, 1 -~" ,~Y"' -'-'-,) "0 4..1. ....H1C)~ ..1. ._;..~... '-"'-......_ v-..... .J~..,-. __'-IJ............ \...0 .'....(.1. ..!..'k'-';'_~ --,lIe ~,-,-,-lOO~ ;.Jl"-P'-~.L- intcnd8~-~t and tb.e 1','~a~lager 2(1".rl.3e~ onl~r that the .3ch(Jcl ~.:()Gld like to 1'no1'1 "':f..1--c.\Y'0 lOJ.- -i-an'l'-' l~l":I<""""-''::-::l_~,rl''''(-' <")_~ (.'OC'11 -::;-. ,,,,--.".";,-'., +-1 t- +.:., - --or. "1.'0 do. ',.. .LJ...~~_ _ 0 l., .J J' ,oJ . ,i..dill,;..... ,,_~) -J C....; ,.:) /. c...,J I-C..Jul,-J..L...:.., v.:.la..... -.......:.181 '..... r.:....l...... Serle rersir:5 \tIle Sup'~l'irlt~cl1dnnt ':Toull lj,:"; :::'0 10 beforc :3c:lCJol bcbin3 and \/101).lJ likE: Lv take all L~-le:]e t~rJ.ing.3 up at t;18 Jarn8 tirr,e 0.3 th~ surpl.us i~ 811oca~..I8.j; t.ll8.tJ th(;Y'f-; i3 a ccpy of the .3cl1oo1 3.udiL for t~1f~~ infol.-'~ll3.-~j_l..)n of tn0 Ccuncil if anycJls ~,;c~Jld Ji1'-:2 (~(j Cli.e:~: i~ lll.:.~. rrho '"Dr:.~(~i -::;l ....lppr-:" ~., .-j::;te: '!r,"~' ,_'C1r- f'cY" :.,."o~{-l9;~1 ru~.~u~~- ,..:....) lC ....)~) .......,,'1 the r~~~;~~; !'~;-(~Z~~jL;a'~e"'t~ ~~"3~r~ .~~;~~~{)l~ ~i~,i', ~:::; :3~~~~J~H' I Ti-Cl]," it-1 T'l: -~-.,u~" ll' :.+- -,~ ...,'.... "'I' Yr' . '-(:~,...,-,~ ~'."'-.", ~tnj- 1 -~ .-,-; '... ,/...,-Olr ..... _'.J:'.~ j,J - U..L-,.},,--, ....>0 ..L ":;;..1 t.J.L l-,..Ll.:.J a..,t l.'......'-'H~d '..)'''''~GCoJ ,';:". 1JJ' J_L\'~";~. ic:..l._l"\.er lor (.'> ) ., . n -I.. ~1' .. . n' ~ . J ' ' .!'.u.cure p..lan!1l.(,~ lcr G~le vl7...J~T - .L_.~8 l.l.d.JOY' ;.....,2que3t(~ t_.lt:"; -,-..~:.nauer ~,u prc-:- 3C~l::' t~li3 ~l.tcnl ,3.nrl ';'IL:.....:l p8:rLi5.3io~.l of '::;l::~n. dalk'~r hi:; ~e2-J -":'1~8 i,,~.:L';J "':/1.. lli.3C1..L:iS iCJl1 o.rvl pla':'13 2S icllc~~.r~: That resarji~.l~ :lev(Jlcpnl,:~)_aiJ (:: Dar~.~ ,qrpr.1 ~ 1....)a'L. -:-.!1rYl.....'':J 'f.,0r'"' :::l l'-,ui'~}'er (".0 "'L' 'c""t'l' a'J ~,.....,::-:........,.. Pc""" n.---,y,l_r. r"'\l"l-j ./,:"' _~ '-... ,.~-,-""" v~~. '-'~~..........,,~...... '-" ~ ..~'.J V..L 1.:.' ...... .l.~.,-, _ z....,;. '~,,-,-,.J ..L .i. 1--'c.... k,.,) '-.J.. rccre~.tio.li 3.~d L..ll~~(, proG3.bl..; an aGtu3.~ d(:;d~caJ::.ion i..-Jould ~JC' ~cod bl.::furf~ ~pe''ldll\_~ capl-t:::.al lr.lpro-.Je~:...o~lt funrls ~ t,:l:J.t t~.t(-: Corp.s o:~ Z:::~ir;eer~ ~'JLl3 reac-siv2~:"eJ t~e lai:j(.cn parI: t:.o ~er-vc tl'~c 'larbor ar-..::.' ccllllper3 bUtt~1S.0 l-l(; bc] ie"'Ipj t;1i3 2rea tuo 3:-!~al=- :J.f-~crcl)~ervinG t_l.C 3o.11ilc:1 D~,jrby Lhis y 3ar, ::Hld T;18.3 tllir~"~i~.l~ n-~cr'2 elf tIle San area. Gll::.n. iV.J.l~: er a~reed the ] ,_,. ._ ,>, ".1 t 1 ,,,-.'" I '~.'...l- -+-": .., _ .'- 'T '"1 -, u.. a0ocho. ~.'nl.:.~n ,)8 "_Il::ELL, ana v:l.clv vilerf..~ V.iCL:l a..!..3C t:1C':: LO'..r:::l._~ POlrll.. arid (' ,,~ n n ~ T T ,-.,....,,..1 ..... l' p Sl 'h ~ 1. ".J..' ,-1 " ,.,' , .. , v._:J.._L..,';:,:..J n,-,uu ct .....':... \,'.[u..l..C 1 ElJ.c....l.!.l'..J OC J..e:jlrClU~.t~: P,:lr": are3.. ~.~ IT'. ,:)t.o::;~~ton ?.~r,'ce0 th;3. I.::, ~.l0re lQC ili:.::.ic:s_ of t.:'li:..; t,'{1J8 .,oJ01.~.l,-1 bri\-l-~' ~tE"' ::l~'~(,~ T~80""llc "Y1r1 -;Or',"""'-, '1'-) '''<:)d :J(.,.c,r'l tl.,'-> t.,I.''::l......11t a~....".....~ri.;'e':1('.n~.~ r,"".._'"""(..-''-'y,. -"-l~' ~.:n\ltr Q...,..... "".._OJ J -' ~..G'- ~_'-~J'-".J. ......~t__ '.~~""""...)C',_ _.1q_..~.,,~~~~'-'0''''''''';.:J._........Cl......... .j_J.d~ J.. I-: 31.:; cr!.. Y'c:.:.;identc. T:12 T"~3.nc..;e~ rl~.;-v.iei/!8] vne .LQCl~l::'lr";,J (3C~' 'i...'YI.:e ccn- 'I(.,;n.Len88 P:Cl '',Tided Q.t. each cf t},-~8 C8..nlpsrolJ.nd.J thi.3 SlJ.r.dr~e'.l--o, CJ.l1d 3ai:.l ]lC thee' "Ill., 1:C,'I L:'l',) moc;t ir.cportant a'ldic-ioE 1:lOu2.d bc ',:::cr,!! '/Iat.er 1:{a~ilrCC'I'iJ - -...;; . HO . - _J ~._- ':'> ,-- -,....,' -" ~.. ~., - - --' - .... ~ . ./. ,~)./ . -' -,' - -. -',.., .:Jpeciall:r for the 1<.J~ c.~~ JL"__j' ~~,. "'}.:':)1I :rr.. i3tockton sug3ested th8 :it,y mi:=ht secure '(~Jf ,,"'~'Q 'J:l'3 3t;,.t", J'er ,,'li:; Jcrt of development nd the Eanae;er ad,'l3 Scl~,;l ,d :~c3i:. ;(,J E: haci su~:~"c ted this also. The lanager su,;ges ted t,' ":c;i::,, J ;); ,::L'v'. 'n V ',eLl Lng L'le land" after tile '.orou~:h takes over, _~<;.)3S~,,';:l ,~~:;'nL1 i~clicc,!;i();d .'\.L;o S1.cggested 'che 'oun('il be Tl vir'" e(' L'L""li' ' '-~"'1 -, t t (1 -r-1'tn lc c"tinrl 0-(' t'te '''orp~ o-C' _< . -' .,:J-,.I.0 _ ~_1. : ~._, l ...1 .....~.l__t,;::)J~ v_ ..J~"_ .I .~. , v_ ...L -..1.1. V oJ.~ ..lnglneers parK. CIEln. dc~l.t:cl' ;3u~,~e:-,t,~d Jtrcet llgnts vlhercver pOSSJ.olc n t~-lC par~: 3.reas :J~:~d i~~'J~ >.,"lna~~2~' (:;.'_~'.Ji,,~8d thi:3 ~ould be done '.vith 1 ~03tly materia13 OL~ ~-land. t.'~J: i,:Jr::.(.1,~3 par~: anu recreatinn areas -r'H8re =-'cvie\^red at l-,Iyr. 3tcC'-~(t()n':..: ri..~q-Jf:S~~ 3.1c\ng "l,rlt11 the rJ-leClDS u3cd cf 'larnin~ them, some b~' ordinance, u"c.1Lers by \"11e ccmprehensive plan and 't Ll need of wore Tornal a:lopc~lon. Glnm. '.lalker sugsested t.he Com- :Jrehensive plan be c,,3}een out and st;ulied by tile Council vlit.h a view t,o',vard e::amining variou.s ty~)CS areas in relatior~ to changes ::;ince Ule P1 an vras drmID up and Ie:']r. Stock ton reque::; ted tlla t Lhis be plac ed nn an a,;enda, preferably a sllOrt one '.vh8re time would be available ~or the study. ~he Manager reviewed the development completed at First Lake and the l)aseuall field on Fifth with volunteer help, City crev,s and equipment and lumber for backboard and three of the six tables and benches '.ionated by Kena i Lurnb er Go.; that he believed the ballpark might ~oub}e as a sleddinc area this winter as it has a fair slope; that ~he su~gested pavin3 of suoh areas by the type under consideration 'c'lUiLd be too rough and sharp a surface thoug:'l something more liKe 'i'hird !~venue if this d8velops ;;Iould be very good; that setting up re- serifes for par'~ construction is somethine; the Council ,;/ould do at bud- ~et time, that only ~200-~300 of the funds so budsetted were unused this past year he thought. The 11anager then turned to the item of play facilities for younger children. The Mayor advised if the City could provide the facilities that there vlere organizations in to,.vn which vrould undertake the opera- tion of same. TheliIanager advised also that; the Administrator at Jesse Lee Home has advised that funds are available for t:1e employing of 2- qualified Guidance-recreation director t;ype person and tl'lat they were most willing to coordinate such with the City and/or ~chools if such a person can be found; that if the Council has no objection, he would i:eep in contact 'Ivith both bodies on this, and he vras requested to 10 so. The Eanager wade no comment on the items pertaining to tenure and protection of the City Eanager's position. Myr. Stockton su~gested that. the Kan@r's contract took care of this item but Clnm. '.lalker advised that the idea presented was to provide tl'Ese things through the Charter provision3 and then a contract would not be needed, and '~hat she would like to see the Council talee this up ,.'/hile there is time to think it out and take it to the people for election, that w~en the need is there, it is then too late to take the steps to :Jtrengthen the Charter, that it vrould seen: while everything is quiet would be a Good time for the Council to s 'cud] out and think abouc what provisions it might want to propose to the people, anci would like to see this undertaken at this time. Myr. 3tockton advised he did not know if he would be in favor of suc11 a provision but in any event vruuld not want the Council to undertake a great detailed document and entail a large cost in jU.3t getting the material together, but also that the ideas Clmn. Walker had set forth should not require any great amount of word::;. Clmn. Kirkpatrick advised he would like study session on this one topic to really go into the details of the proposed items, and it was dis- cussed if this might be added to the special meeting Monday but it Ivas preferred as a study session after that special meeting adjourned. The Manager noted that the condition of the sidewalks in the City was not good and suggested the repair of same be scheduled as part of the paving progrmn next spring, possibly even coat with asphalt rather than concrete. Continuing with the sugGested improvements around tile Armory,::'he lC:anager advised there had been conrerences of the Armory Board re- cently on this and asked Clmn. ~entmire, member of that Board for the Council, to report. Clmn. Zentmire advised all parties were workin::; toc;et'1er to try to get the building painted, "'lith the Nat. Guard possibly coming up 'rlith one-fourth the paint and ot!er iteHis and that if so they would be cOr.1ing to t11e Council to ask for par::'i- cipation by the City in hiring a full time janitor for the Armory. Tile maintenance problems were reported in detail along with the prob- lem3 of coordinatinG the t\lO 'Iery different acU,vi tie3 and the lack ",.; -::f' -- I";':, :- -, I "'-C=')~.:?'-O 'ee~. .... ,.. 3,t of ,,"ace 21] ooa(,.;-1 t,\) tli =: :';-'c1; ;,,'(':::;:"11::;; . rea"~ pos;:;::.bl:' the hiy'. L ~ C,f a' F,)." l-~l" t'f.e ; ~"lnl' -I-f)Y> "-'1" 1~" 1 ,I. (:",1 'r en -'urp ?deo.lJ.atc~ TIlaintcnanc e (1' . .J.l,..;.... oJ l,L o.J __~.~ _~/- J.. \' .~,___.. - v -.'''... '""' .- the buildi.D:; bu~~ r~em~~,Ye ~'Dn; ':!~ -::"t,_:~: )' a:~ .J ~-~3u.ltins froIE 1Jein~ ur ,'.b-Le to ~'=l'OVJ ~dJlich Cr'Jup ~~ rl_,3p'J;:.:~~~_b-.t~ J't)(' ;),':~d '~L)C: of ~te buildin~. Tl L t~rpe a~reelTIen L '/'F:c:3 dL...i CD:;, i '.; J a~: it L:3 18.:f'i d. ~:.ely a j cd n t op ora t = ( ,r; and t118 Arnlor'y 30ard j_~ .-;ayilJ i~ ~.:i re1ly t8 30173 tllese pro~lem~.. Clmn. Zentmir'3 c.;kcd if 1;:18 :;i'oY hlfj'.'lif:,:le darrlage te tilC floor h[:1 e"ver been reimbur3ed b~r ~~:l\:; :Tcl."ic1l21 :}u3::-,d -9.nd "L.he C i ~y Gler1\: adv:".Jc:1 net to her know] ed::::e, tllat t'18 Ci t} ~13d "lever recei7ed a report c:' L18 1 " " " ... ~ '.1 " , " 1"" 01 '.f- t'(]~ ~arnase out l(ne~H CL l1:. ..LI'OEl O~',,3l' r~ (.l'l.3Cu...>SlO~:s QUG \'!OUCJ. -,_C <:. llllJ( -' L.L3 j,Tyr "toclrTOYl """['e"+-e(1 " "u~ ')[' "d.o(1 fron +-."0 '"tpt'" "2C;' vnaY' f( r , . o.J .'-\-v.. ....)'-"-~)0 01..1-, (). ,:J ~ll . ..- .:;IJ~'~'.......... j '- -'-' oJ -'- ..... ...,. -.. oJ ,.... ..~- . the heav'l/ Dart. c.f t.he mainteLancc or thi ~_) bu:Lldi~\~ si(lc'~ obviou,Jl-," the ;J2S.00 pc~ 'monu~1 \/;-a3 intended only to cover 3uch'- item3 as heat a;ld f. , " ' t- ' 1" . ." 'r l' t- ., 1 part 0 t~1C Qt~er utll.l\)'leJ an' J3.nll:Ol.... .1.1-[.111. ~va l<:er 3"'J_i3C8Sl./ PO:;5JO y '.,' "] ,,~.' Ht"lr. J' tne vlt:r nCit, accept any rnone:/ at O-..L.. ana .l.(;lt cne _ja lor:.a -.IU aI' , flU all the mairtenance in order to mect~ t'leir 3ta:1dards. Clrf:n. 68Cltr;1l.rC advisel the 30ard was GGctin~ re~ularly nOVI a~d that he would on ~O_ portin~ and probabl: the Board would be cominE to the Council wifu .Jome items. Clmn.Nalker asl~cd for considerat;ion of seedin::.; in front 01 the grade school and it ':10.3 a:;reed i:, "'!a3 in need of same; re the Arlr:.ury app- reacr" i;~ '.'Ias felt pavin,:'; ':Iould be raore desirable in order tu provide parl:inc. I I~e ~3 ing tl?~ Gld IIo,3pl tal ac3 re?reat}_o":1 buildin,3 ()r audi-~~o~;iurn, ~hQ ':, J t lG not-_, lfl ~ood 3,(l3.PC:; a13e t:lat, t11erC' 2.re n(;r~'r cheap :nctllo:l3 t)l buildin;; communi !~y buildi';J~':3 and audi toriur!u. :~lr:m. .Ia1:,er a:;reed t~lat t}'Ji:s prco3.bl:r 30 and 3.15(: t~lat the; Gompre'n.en3l'/8 Plan 3hoVJS suc~h a development south of t:le Armory but that .3he bel i8ved this a l.lttle far from tl~'e coneer of tor,r.(:.Lor t:lC] U~Je3 -~vi.~ich il. could be IJut tc and the3C "'llers di:..Jcu~3sed in de ~~ail. I-:yr. .S"cockt,on 3u:;~c0ted tl~c:uSJ1''0 be :=;ivcr:. to p03sibl:r remo iellin:; t,:1'2 Grade .:)c~lcGl s/rc:. It, ~da3 a~rE;(;J tilat tne ;~it:T ha3 no 3t2.~e eve::l r~:;lote2.:T ~de~uate for school or public purpos~:3 and t!lClt t:18 facili ~iC3 fer :je~tiLc, +~:-10 public are equ2_11~/ un3ati:.3fa(~t(>ry'. T'll(:) r~anager noted. tll,~t, rnuch a:.:; he di31i.>ed :.hi3 APd type pro..:ranl, that curillnunLl~:i b:..:.illings -y'laS 2. type ~ilic:l the Jovernmc..1t seemed to be ;ivin~ ~lj.g}l priority and tl'l~t the Gcuncil migllt 1Ji3h to try to secure such a buil,lin..; throU',;ll tilis procra:':" Jlyr. :Jtc:;":ton su~~~e3ted cC1ntinuing vlcrl= on this 3ince t~'l~L"=' n.:?;cd 11::;,~3 bee:! T:rit~1 LL3 for 3C lun-.':. Ee the] ovrerinb of t:18 grade and pa'Jin; in front of tete ;Ioopital, -::';le l:~anaE;er 5u(;gested that thi:J 8,reQ should be the fir.3 t paved aft8L' t~'1e :J_ovvnto~'ln areCl, and th:~tJ of cuur3e, the lO\'Jerin:; Gf tt1e ~ralc i:J dC~:)rel'atel:r neeJe'i an:l on1y J.elayed ~hi3 year as a capit21 im~)rC~reHlent,;_ pro~iect of the ~.\Tater department fer ~hE lo'~-rc;ri~l~ of t~1C !da~er ::'lain:J 'JI!l'lich T,VQulJ ha-I/(; tc be done siL1ull~an{.;ou.~}ly, becau3s oI' t~l,') prornis8 to d.o tile l~arat;lcn chlorinTf:,ion and 1~i~e rialibui-, ProJucers-:;ocperae:jve main wor:~; tl12t he anticipateJ Inakin~ thi3 ~h8 ~!ater deDartmcnt cap- ital prc.::;rcu:! for 64-)1;: that the 3t~08!_t, departr:1ent part. of t.~::: .,:cro: ~'lC pr('jl~rr:.. ~i.l;lClt a :'c,......icnn ?~:J .3~~et~c 3:.:?r:r l]l.an =.3 nOVI o8fct'e the ~ou;:~cil ~':i pl~1!1 or 1__he I-~al~c'\:;er 'to r1:.8e ~~:~ un n~l a:enda a3 ;':-Ou~ a~ c .:;()unc~ 10.:,; ;"'\1~ "., '7'l' (:'\ '--1"r c -i 1 '-]'-'" .A i +.. " " .,,-, .0 ,. C" . __ ,--,~~-,;.J. .L1' v .....UU,;' ~~~ 5L 0::.)83 l...C~ Vcll3 ~ :.,er.l 1)(; .iel '~..I ..lor L:18 n.e~d C:.1.r1Cl_ ~lncc ?-!~ \'rOli.~_.J Clc!:rj=:'.y be able ;~Cl cO:Jplc~e 3-'u"l:..dl and 3.C~v_LOd ;l~i.r':"n~ ,jeptcEiber. 'IL1C 1.&n?,s8r noi:-ltOQ cut. t:l~.~~:J tlli3 nl ~:)rl en'~"'-'~d" p~) '; ''';0:.:1(, cf' ~.l-:.' , r', (' 1 _.,...... 'J~ 1 : r . 1_ ... " ..... -.... "., ,'~ ..." -'- " _ J.. -:; ," .u..... ..... :;- -' ~ ~~. . ~ .'- ----lu.1J_C.J (,...c._' ",,_Ll,l.:.l. ~ o..-,--~'\.8r 113-:1 .Ju~~e~:.(,,;d iC,{' ;-,11':.; e!r~p.LuYc.:>.:3, U(wL',~ :-...,-..l.o.t llC :.~ad DC t pre-..:urnccl t.U ,:() i.i Lu tho Code (jf Et~-) ~ c<~ 11:.aIJ--',"--'r r'{,"", (....i .c:l"+'e(~ r'l'-'f'"i, _ --' . ~..... .~'-' ~'-'~ .-'-',_'....\.,.v -.l. v_.......... ......:,-" '_~1 '-1 ., '.j....'" '"1 .- v.lctJ~.:3 '.-;rL:..Cli. uCUJ:_ [,roper 1..] ros 0 T/{l lI:l Gn2 ,JO.-.AY,ClJ_. I 'f}-;t. itpjY, JU~C"0ST';P" stUllv ::1nrl 1)0~ '" '81 e ")'C-'1-"'''' '"r'~" "0'1"'" 0"" ,.~r;;' '-': --., ,:::;~,:>.. v..... +-C;:) _ .l ......_.J.. . .'....JJ_~"-..L .....,...c..l ___--'1...), ,:,) ...'.>1.... ..;; ..L A..i~.L '~~~ ..."-.-v fcrt)':l re ta:,:::.aGlC)D r:let{lOd3, t,18 J."lal'lEt-;-er ,~dFi3r.~rJ liD l)pl ~ r.'"";cd :"".C Cl"('< r',,~~" 'n'~, -1-,--,_.,. .;t-.r..:-; """.., _.., ,.--,: .0, -....."...... .I...J.J"........-,...... v.... .'1..:, lJl0...l '.... ldpuruuLt .l.. i....CJ.lJ. ,-,-'.18 '.JC~),.L~Cl.~ ~J.1()\..L.;...d :::Cn3li8r; G lC~t G2 Tdas vcr:/" CCl1- q e'('llpd ~,r'~ .I_'! +-~IP ] '''~Jel ,.(> _1._..., '-. / ,. _. ,_ ,. ._'~ .. , .,..' l' I...- _.. '-' \.1..LtJl.. '..I..~,-, ,_..... -L Ci...:.., '-,li(; v:L:CllG~.i/,...:'le .f:OPU.l3.:....lCf' rFl'~! '.:,ne effcrt reou.ircc.l c.,f t.,l."lC r)ec})l~ to Llain:.ain t.he lccc.l.o'v-pI"i-lrn::11'1+ -::-;--, !~-;",(", ~Y'e"-'e. ..F ... . ... '~ -', '~'--'.. V G<..... v..........l- -..J _....J l~,:,el; QUi':' Ci1.]0 L..~13. t. he \,\~ouJ..d .!:"cc ornp.1end l..lha t tIle i=:OU nc i 1 no t ~() iL to tnl3 too Dluch until t~ can 118 seen hC~~1 Yrluc\tl~n borou:,'h t~~'Y- ""~-rL'''t~'rr::> H ...... w-- ..I_.;....~ -.JV ,~vJU.......... l~3 .~ci..1.= to chan,"~c t,'-lS Gitv t2~: Jtructure~ thQt t"le tT-i-11,":1.-;1 Tel....... '-'c1'(:"1 1 . .....- J :J - u__. ..A~"'" _ J.. >-I ...1. v l)Uo. :'(.;t has been me_~"'1t.Loned ;:i8vers.l titce..) c-;irl("'r> 1'1(' 1-1'"1_-::' lu'eC:"'i ].-ll.~-Y'rJ '--"-"'1 .~ ~ ....... ~ - -..... -... '-' '-' , . . Ct..... ,~ ...... '-.... '-' ,..:,:ci t, "-"U'- 7c-'+erJ f}oD ,",,;o""''''i 1 be. -,.,..... -" . ~- ,...... . d"' '. ,." . >:l S,..::;- .:> '--' ~ ~~.~'-' .J',...,Alh___ -..:;; 6lIld' 2..-v ...re.3.lt e"'Y'c ('J{l tilt U';"lt ; Ft". 'toc1- t n -i :i'nr:l ., ~- -. l') _' -h".-' ,', r.-. ._~ ~_ ,_. .~- "":"'c-'<'l.-. .........,~,-, .,.:c..~ _ _..:...... ~" . _ 1..~.; ~. '-". ' J.. 0.. pC_.L,~~ (,Uv JOL.C Coo ".",rVctt.LCn" (>,1 CU""J 0-,- ",C'ICl':JL'8nC stat,':::.i:Lde 1.r; a t~rul ,.r ;:iU(lcrn 3.Y'C :-, ~l'-! d ad \Ti'~ n'~ -"-,1"-1 !::1~- b.'l ~ ~ >:1 l':--o --i u.... j- ~., c ',- . , "' -~ --, -.J,-,U _,.~.....__ ....._ct-.J,"-<...-i....J ...) \,.J J...' (;0rIlpeCln:-= \'Ii'l~li the38 ar(~as and i:.hou~l1t '\.".[8 ~""3hO'lld ':_eep in \fi':;~"f ,71ndl~ oL:.?,(:.:.:-' Cl'E~l;;unj, ~..Iie.j are doln~ for t}1elr pecpJe, ~~ D ~e:..t&irl c03t. Ti:c: 0.hove i '::'er:~3 conc1uded. the Dl ::Llni ~.l;-: r(:-:.~ri {~;-\..r :In,] ,-, re' 11-,-- ~. ,~-........,.. y ~, ' -:_ '-" ~ v.......... '-'-_~ .~ 'v....L j 0.....). l..),..l. u"Td OJ' Ol:::n. .JalL'Jl' "n~l reee",'" . " " C c.' - , - '-'<.. ,.J -'" ~/la5 naQ i rc :l~ :: :1-;. . - ~~: jC 1);.-:' '\/11 i~~l Sar!18 bGr::> a-s. rcco:r:-~.,; un J:' r:l'2L- 32 - r "'- '" ~ .~~.... '-, ) -,,,.- '- . - '" -" .~- " , " , The :'~ana3cr requ8zJtccl a1 I':cL 5~, ~L'_,jb\"l("", ;..l_":"'ou,-,,,h ,.~lt:- (Third AvenlH;) be ~.JJe? t? the :::-..genda ;--.l J. ~,~(;~~(~. (1',-:, cf '.rd(',}" Lc ac{.;or,mlo:la~e l'.':r. Harold i)a'JL:; '.'1110 !lad corr.s to rFrC:,1; ,',11':< }'<clll::: t:" (.r' ;:ir; ccr:"e.;pondence ','lith the; State H:iGlr,.[ay 1)epar'_r.!..:n~~, C::L"d i~-~u]re ~..[D~3 ne objection to ti~li3 bein'T .1rY'10 ~T1hc l"Ta'l .....(",)~ ro'''e 1"" '.' 'j'" ,J ,1 1 -, n"J a ~,-:.~r..:;. ...,.~,,; 1.''':..' J a~)<-,J. ",1. rr(~'_.-. '~(J ':'lH: ~:::.C ,J_C j; '='c~L8Yl oy 'Gnc vOUnCl.i.. at the 1&3:' ~ouncil f;le8tin~ rUS..)i.L~; EC:3clu,...iorl l'~o. }2~) its transmi~- tal to the Governor and ropre::le!'t2,tj'tea of L,e lIigblay Depar:~ment, tIlat the Governor had achi3ed t..hal~ r:,e 'tic':; llavir,g the problem r'3vie~]Gd, and a detailed letter of pos~jb1c sclutions and pres ani cons thereof frorn 'the Area En.;ineer. These thini::~} ~,'lere Y'8vie-':leci in de ~D.il i,'litll' I:r. Do-vis, VJllo also explained to thE Counc:;,l sc:r:e of l;hc problems v!hicht,he residents on T:lird I,venue havE' had due to tile .JiGcil drain- d08 a.) :;1811 a~3 the receni, maint~enance. It ~~\jr&s discussed -dhetlJer trle Council would like to~eot with these rcsidc~ts to hear their ~rob- .' 18ms, but the Council advised it fel~J ,;]ell inforrr,ed from n3,st Deet- inQ;s and knov;led,;e of the sj tuation, S0 that with tile infornat.ion \vlIi:;;h Hr. Davis has brought to their attention, felt further informa- tional meetings not necessary at this time. It was noted that cor- rections of,~he3e thinG'S had l:.Jeen prornised bv t:18 Ferleral Government ~len it was owner of t~e Hi~hway and that pr~bablY the transition to -3 ta te o,..mership did no t provide for a carryins t,lrough. It was nade clear that the property owners do desire an underground drain- 3~e system, that culverts might be acceptable for an interim, but '0 reason to believe that all owners would be willin~ to pay for them. It was also reviewed that the City hal gone to considerable expense and trouble to secure right-or-ways for the Higllway at the t,ime of construction, oven to the extent of cUl-tint; off a portion of )ne house, so that it was felt the State definiLely had an obliga- t,ion to fulfill here in comple [:,ing this :-!igh'.lay to viy:{ standard. The (anager advised that maintenance is stopped ponding solution of ;hese problems, and would ::3usgest that ':.rithin two or three weeks ~llat this be an i l:,em on the agenda and at a time when the Highway )eople can be presen-s to go into this, to determine (l) what to do ~his fall and vIllo is :soing to pay for this (t\le i'J:anager sUSGested 1e might be able to accomplish trds him:.;elf by talk-Ln:; with the State eBople, that he had been in Seattle when tIle State people were here md the next day the instructions came in to fill the ditches, but, ~hat he believes this "Till result in coverin,; the Highway Vii 'Jh ice ,md slush next '~.'inter) and (:2) what permanent ::;olution. The Council :,n'struc ted the Nanager \:'0 contact the Hig1l1'iay District Ensineer and ~ry to find a satisfactory solution for this fall. Mr. Davis advised he completd'j satisfied vIith thi::; approach. ::tem 5D= Proposed Resolution No. 328 for vTri te-off of bad debts ;0 the City - The Manager reviewed the practice of writing off bad rlebts in order to keep the accounts receivable figure at a realis- ;ic amount, that this list pertains to the Utility accounts only and was la3t done in 1960 and is a responsibility of the Council; that the auditors have been writing off the personal property tax bal- ances on oldest year for past couple years and Citj staff planning 1.0 review this in mid-year to see if need to bring to Council for I,hat sort of write-off; that the wriLin~~ off does nol:, rreclude collec- ;,ion nor step the efforts of tne staff to collect, but only reduces I.he book figure to show that the account receiiJable is not depend- able revenue to plan on. Council reviewed the list and ~ave current jnformation on some name::;. Resolution i00. 32(5 read a3 follo'.'Js: RESOLUTION NO. 328~ BE IT RESOLVETI that the City I~anager and the City Clerk-Treas- urer are hereby instructed to charge off ~s unco~lectible the accounts cn the attached list in the total Gum of .j52,107.:.l1, and that the same shall oe stricken from the accounts receivable of the City of Seward; "l,nd That the City Manager and the City Clerk-Treasurer are further instructed that should any of these accounts be paid, then such paid accounts shall be revived in the manner set out in the procedures and practices of the Municipal Accounting Association. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Sevmrd tIlis 19th day of August, lS'o3. elmn. Stockard - I move we accept Resolution ~o. 328. Seconded by Clmn. TIrinkall: All in favor. Item 52 - Accounts payable for the close of Gile fiscal year pluJ July 1963. The Kana~er called attention that the schedule for the ". f '2 ,'~ -F" p"; b 1 f closlng 0 0 -0~ was ~or tne purpoae o~ gettlng lnto toe OOKS 0 that fiscal year the expenses which properly belong ~lere, ~ 50 ~laL "'." 'Z ,-a"., ,-., f7': , , , , . ~t 12. To the IIoeonb1e ...,.. ....., L<<. 01 tbe City COUDell - O..r Med8D .... Iln, ... __1'". - "'tU. trip, Auluet 7, 8. 9. 196'. All iDatructad by the City CO'l..~il. 1 called go lis-. Jolm Y.anlo)'. CeDor81 Hanas- of the ~t-.h 1l.al1roed, 1Ib11e on the wy to SeIleUe. lfe aeeund .. tlwt be .. IUd, to 4Iit... &be UN 01 tbe cIocIr.. in SoweR by the All.. ratTy !y.t.. wltb rGp\'8MDtat1we of the rerry Sy.t.. end tbe SOW_ u.wo Union It -.y time. He .Uted further thet be Me! DOt ..1cl thla <<Ioclk oou1d aot be UMd. ~ Me! .teted HVU81 ,....0 to ~ 1.wIlla tbK th87 wuld be apocted to pay DOna1 feu for OHIO I:bat ..c 'ROM the dock. I wou14 .ucaeet thet the COIaol.l miIbt t.a the aUu.t1w 1D ..ttilll . ..tbs be- t__ tbua ._dM eo tUt tb1e ~ quntlGa Jd&bt be reeol...s. lD the ~tel: of the liab pnoe..taa ,t.t. I IIIlN14I X.,.u(L fine that 1 .. ~ IUCIh IqmIaIed With tbe proJeeeiOMl ,,"~..r__ of ""rebell Barr 6 AlllOCut.. of laattJ... 1 -.t .Uh ~ 8Dd HI'. GeoZ'Se ADder- _. tho Pnaf~_t of loutbMat-.a I.J..... D...tCllll*lt c.....pOS.Uon at 8,00 o'clock 'I.'IlundaJ 1Iaftiaa. Va .1_..... _Sall,. the thlq. we .... 1D rdDll lor tba flab ..1 plat. ....caUJ, I 11atoMll co a r...on of ~. "rlbell on tbeb tn, co hnIpe CO tltUlly tbe.. p1aDt.. tbo ..~ f1m iI VC'/ oanfu.t thet thi. wou14 be . peyiac ,,~tUGIl, ,.uaulul1 b tbe ..... ana. At 10,00 0 '&.1~ 'l'bunday ...w. _ _t Widl .. Dunee. ....~.l Dlnctcn: of UA .... ..... of bI.a leaf! for . 4f.~,..... of tilt. acU.....ty. I 1earDMI that tIIeJ lift DOC t~ at ttala tSa. 10 fiDaDdns a fitlh ..1 ope1'au.. 'ZbeJ an lDt....cad 111 f.~f.. . taaalbllitJ at\1ll7 OIl _ ..~ .-at Ilui., aim11ft to tba qtn- "riD& 'ilOItr: cIOIIl8 a ,.. ,..... ., _ ~ _tar pnJ-ct. 'l'bi. fOHl.bUlty Rudy would covn the ....nbllttJ of ooaatnctl", . facUlty at the .... of ~ .., CO be CM2ed by the City. ft..-.-l by City I""" ....... ...s tbe boa4e ,.......P<t by an apIIC)' of the Federal OG~~ ClIl . ..zwat... ..n:lutiaD bMta. II)' tille, *. DudIM .... tbat thIIJ ... DOt tat__.. Sa ftMDoilll . lect1ity _ *14IIl tben.... DOt IlUffS~-" ~uta alnetJ .ipe4 en .. of tbe tMUty to ....1ete1J ,., &be baalIa ~. Be at"" that wbI.1. the ftah ..a1 ~-. h ~.. .... CbaJ wen aot at th1a U.- 1'...,. to Ie D If & tha penacae of Cbe ftab -.al ....1e _ tha 11011 p-netea to ntin tba boalle tM& wuW _ .........,. ,8 )~ I (J ~o,\ / ~ tf' ~v tv /~" ~jd} .' .. 11 - ". co __ ... "- Qa .-1 .~r'T 'Mlr.le tdp. ~.....r '. I, '. 1MI. .a. 1ba .... C. foU... (1) die rI~'JlU.. of _ nuU nt.. CO _. ... _ ..~ ..., ana&- '11aI.e ia .... .... l'" . 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'i I" ... _ ...... .. .... .. .... ......... .... .. . .... .... .... .. I lid ,. .. -""., &Ita _ JJI -- .,. \e~~ ~\J>/U: ): ~~~ r'~ c1ff ~1vJt (;- . I)~~ Otv~ l-~~ \ \, .;;:. ..v.v~\' J '\L\ II ,/ Y ~i1'/'<A,,~ .1 ._" -S--......... · S-,,- if~' Y :._ i.;; ~ '! t~..! i. _~ ~:,"'!t.:-:. w '" ,fJJ III ~ "r" M . r .. .J..... _' ",........:.:s.:.- C- .... .",..__ u.---- - ~ ~..,ou.-..- .. .... _ \ -t"''''' .--- : if .1I_.r..t-" ~ ':~ _ _ . _.. . J _ ~,........ . . -+J - 1~ j L~ I I I '~ . ,t., . ,>,,-l ' I ~ ;,.>, l '1 , tt.. $"~ ,~.~ . . ... . T7 / ... 11 _/ .a . - .- 1L _If I 33 the In'.et iI:u,;hanical fi:l'll "',n' cr "I': :~'Ci; aPl):" \'al an,i paiu in July i3 (j~ t:L~_5 li3~J, 3nd t", _'_.J d_'(:e~J_',::::r~~ au t~l:lt ....rr~ can clo:J8 cut this p:cc'1ect as .0\ c ,ri.1)} et3d ca~',"-,,;"l j:"p',~,v',;"en'; 'C'reject of t11e 62-6: fiscal y~ar. The l:::.neJ:~~;r C'~1Lti_)ll-,~~:d Lrla-c t1u:: T~~'i"-':' -I\Jyman bill is list- ed bec 3.use they have p~esentE:.'d r:Jai.m tc '; ,8 ,:;i t.r: :md j.f approved, hr~ '..lould recornmend have man~T re::;t::",',:ti(tn3 a--td cowli ',j_ons on the payr 'TI;; ~' that it is a bill a'Ld "cm.:; 3.0 tiU:1 sllCJul'i be La::e: tc' be of record f,'\,~, ~ ' '2 /' "'") ~ l "+ ,... . t 1 " -,. " -l- C I' ' G!1e ,) - -.J;J DOO.reS; ::.n3.v a:3vl v':/ J. latlagf;I' n(~ l:3 no ~ ,':jOlDJ:; v.l eCOr;2l!18LG. ~ . tl1is bill be paid, ',hat tile ''}overm;;,j:L'> a,ld:~t_or i3 here nO'd and he :i"'ts he is Dot :soin; to approve thi3 to be an i';cm ';C, be includable a~, ~~ Engineering e::pense for trIe projl'~ct: t.lut ~;:'le nat\'er of an alilOU1H, c:~ money being due the Git,~r froLl l.lHFA rille ':,0 overpayment of refund t.o the Govt. on ~he advance engineerin~ C03~S had been discussed ~ith $" Nr. Durkee of H:-1FA, and he said that if we 'Sot t]-,i,3 mGliey back, tllav HHFA would not care how it was u~ed; that if t~i~ money is received. . bac': from the Governrnen~~, t~ere 'frill, 0,: cour.ie, be a liabilit/ r,n the;later Depo.rtment books for adval1ce engineerin[; loan and at ar,y ti1ll8 '!later projects engineered thereunder, 'SUCl, as the Larathon \'TOr1: thi3 swnmer and the :,IPC 10:' line tllis summer, are cun::;tructed, a pro- portionate amount ,..'I"ould have 1:;0 be repaid 1~0 the Governr:,ent by t:'8 City. -ve,;;',",~~_ar , e E:~ -, '~:-L ,-' . . J ~ 1v~. ,-==~~-.:-~; ~ _ _ . ..., ,.-- -' r, , ~~': -;..... The Mana~er continued with review of the close of 62-63 schcdule 1'0 ~Jl729. for '!le~~eF' Dt;i:l-+in:;; and ,advised that this itea, had bcen called to our attentlt)ft aftd 11;11(1 t3e~mntA:oroughly checked by ti-,e 8i ty Clerk and was a legitimate billing v.,rhich has '.1ot been paid, that no bill has been submitted on it but it s;,ould be accounted for as o2-t)) expense, that this is for the drilling and test pumping of the well up Lowell Canyon and 1Nnich was requcsted by resolut.ion to I'E-!FA to be incluJc;d 03.3 a CO;3t of the advance en,;ineering and denied as the request !T,ade after the ','1"01':<': done, and test drillingilas tLade eligible for sucll after our agreements with HEFA si~ned; that he believed .fustern Drill- ing has been looking to Tryck-I'Yyman for payment" and it has now been broug:lt to the City. elmn. vlalker 3u~ge3t8d the Gouncil jl.~:J t a.c:~nO~;J- ledge these bills and not approve them and this a~recd satisfactory procedure. I The l.;anager requested also .~12. 00 be added tc Anderson Furni ture Co. hilJ for traver.se rods "Thich ':lere quoted i11 error lc,r scheduling pur- poscs and today received correct statement; that this in CODlJe ctien with June bill for account of the State builJing for curtains and rods for the City offices, and necessary to get this concluded and a billin~ made to the State as soon as p03.sible. '!:'herefore, the corrected amount for these bills ",11,3)3.69 wiLl unc1er- s tandin:,; that <~10,:3 82.61 has already been paid to Inlet and t:,8 Tryck- ITyman and .iestern Drillin~ bills to corne back to the Council for final authcrization at a later date. elmn. ~enttllire - I 'fl0uld muve fer ~che ~2I2I'oval of accQllI1.t3 payable up to June 30, 1963 of .~ll,353 .69 with the acknowledf~ment o'llv of Tr', c:c-N man anddestern Drillilv bills in the amOUrlts of .:p5,03 . and )1729. respec:tively. SecondedbY':;lmn. ..\Yalker. All in favor. Detail as fellows: hili aka Telep'10ne Corp. ~105.0); Addresso~raph ~15.~5; Anchorage Daily limes ~2.GO; Anderson's Furdturc 3toro ~179.00 plus -,>12.00; ':::arrin[;ton Cor1lpany ('~,~4.lC~); Comrnuni:::ations En.::;iYleering :~3S.00; Durar:t's Hdwe. ",4.64: Ir.let Iiecl,ani- cal ,~10,JS2.61; i\;ort~l\'rest Janitor 3upply .~;,}.05; E01dard' .v. Pollock $12.50; Seward Dru3 $12.69; Jcward Sheet hetal :fur~s ~30.S1; Pat 3tarr ~3G.OO; Dave Thompson )10.00; .~ter General Fund ~474.e7 fer a tctal of 'J J 'l"~ /)" Cord ~~lr'OI"lAd "~.en~ t"'e ~'l'" ~'bO-'" ..-' ~ _,..;);.,. ... ctlJ. av!'_l~ J~v '-' G..Lil v ~l ...I/,l. ct ',/'';';''. I The July 19(); bills 'tIere discussed in detail. Clmn. Drin;call ~ I Vlould move that the account3 payable a8 of July 31, 19~~ in the amount of .;~2S ,105. 5~ be authorized and paid. Seccnded b'f:;lmn. 3tockard. The ::anage:e advi3ed t;ha t he Vlould withhold 5;J Oi~ this bill of j\'r. Lane';,; until the wor% re;,;ulting fre;ri the conferences in Seattle is finisheJ and this in accordance vlith t;18 contract. "'ote - All in favor. Detail as follows: Alaska Court System ~75.00; Alaska Telephone Gorp. t2:2.40; Anchorage Times ';51,.25; Andy'", Oil Del.~lCO.OO; Ah3ka Shop 'l" "0' '"1 R'l d '1') 0'" A t' o.r>n' -, l' ,r'- 1" . ,."~;.c , rl.LaS,,:a "'ill rc,a't' ,_. ,U; rc lC J.llCe l.aCnlnC3 -jJr"j. U; AnJer- ~on1';..> Furniture .+)123.1~!; B?cG AuLa ,Electric ,p7~'.lC; 3ay City l-:-otors ,;7:~.25; Black1'~ Lin9~a~1's 3upply ~243.3S; Jurrcu3h'~ Corp. ~130.:2; "ec~r'e 4' "al~c.::."'o '1 i 4' l. ("1' , ' "-'1 - +-' ^ '~\'--1l ') r'-r D ' u -'-""':; .. 'V.H.V J . .~........+. ........, I.."nil.;::acn. ~_~SCvrJC 11.3::50C. pClr-'......I....()U; on:3 CaPe ",~l2 10- F-ift-.h i\v':' :'J-t"Y>i".-.ler ;),~, ")::.- ("'hay.le','-' --) '-~r..::-rPl.1'l 1""0 "'':l~1 '77' ...... r --- -. - ') ...... .. .~..<- ' '...- - oJ...Lo,/..) ...J.... r'" _ t'..., __;; V l _ _'_ ....; ...1.. _ J ..I-...J...L J, ~ V - -r.) e ( .. :late':IBY Te::aco )25.57; Gusta): :rirsch l\s",oc. Or'~Zll. ;;:<2.70; Inuustrial' rlir Frc'-"uc.;.-.....ll;5 rJ'). TOn-_"'''' ~'."........ ."ll. '..-. r\r\r ,','-- -.. "L' 1'......". , ~_-'- . '...1. v;::) -PJ...',Je(,...-J) U -i.d.u-.:.....c;l.Ilyl...L.iJ: ,)...i,()\..))e';.,'/; ~':..enal u:noe:r' ..,p ,4::':'(e+4- "..:oland C. Lane .~5,8('c/,.j,') 1'0:::03 ,,;?')J, Ci,;. Ll'nn "at'''r'i~l~ ll'-'u"tr'l'e'''' ' T ,/ -r~ '-' 1"'.........- '-1'- .',') -...... .I.',. _ ..... _Cl.._,..:.I J..\.A. v v ~142.90; harathon Tleevi",ion ~75.00: Northwest Public Power ~g.LO: Forther'1 Commercial ,p12. 50; ::or'(;11er[1 3up"ly ,;n(:2.44' Pacific ,iate{:. ,ior'-'.~ '1/['0 20" P t,. '('"1 '.~, DC:: ,. "'T' I., .~ ", '-''', 'I' ,.j). " e vy"a0) ..~;u.); hI'S. L. I. Ray ~125.00; ",J Schwab'r NOI~o3nop )).)5; Seward Builders )330.02' 3eward Distributors ,~li,2.0~' T..,.I-r -" , . 34 Sevva:~d DruG ;p19.2,',,;::mmr,l )Ill-.r:. ,;lr\~'.(4:' Se\lal"d Public Utilities ~aKl ~1,645.55 le~,j ;".;./,0 r:ri;J:.C, rc '.', ";co',1''1 sC:'!I.;dulc; Supply Center $47.62; Standard ell ;:iJ07~.;:> ]e,:;] ~lc6.,(j credit taken for credit : card::> Gnd not 3h,;!]: :;cherlu2r;\ ':TLth c}~fc,ctting ale rec. from Jtandard Oil in 62-63 boob); Dove ",'homp5on y3.()O; Tryck:c r'Iurray f5.36; .ves- -'-ern ~tanQ'ard "j- '"'('. I)~' ':) .ll'lll'-r"" II'" '1 (."000, lee'" ,1~'" 5(, o ~ ~p .~).I, (J.lJ .;.1.. .. ~..__ c.<11,;.;J tv. 'iJ ,;) . oJ':> '1"'+;)- '-....J return premium not sh(l~,;'1l on schedule; ~ru]~on Office Supply ;1;10.43; Alaska GOIJ1.municaticns .;23.S4; James llarrison .;Jh.95; Osbos Zlectrical /).57 for a total opproved of <;29,lC3.:i2; and as corrected above ;;28, ,693 .77. Item 5F -City Manager'cl report - (1) that he had planned to ask for the personnel manual tc' be on the second rr,eeting inSepternber but '/fQuld \'iai L until aft.er the first of October as requested earlier this meeting; (2)that last week he and the Chief of Police had had a conference wi th Se'Nard I\Iarina and had delivered a very formal protest re:::;arding the operation of the harbor that previous weekend, particularly with reGard to parking of cars, dispensing of a volatile liquid by a mi- nor, had sug~ested signs with instructions such as those with inst- ructions that no minors without a responsible adult allowed on the floats, regarding liability; and that the total operation was better the next vreekend, and had been assured that the complaints "\'iould not need to be brought to the Council a~ain; (3) have a statement on file some weeks from Clmn. Stockard stating the nature of the business in wliCh he engages with the City and his interest in ;that business, and this on file as required by the Charter; (4) Myr. Stockton requested the :V:anager's report on the Seattle meeting with HHFA :;; SoutheastennD evelopment Corp. be placed in the minutes and this so ~~08t~{ Clmn. .valker commented in this regard that the impression received from reading the paper was that Narshall & Barr are doing a report for the City of 3eward. The Manager said this not the case, that they are doing a study to get the proposal before the City and will be presenting this information to the City Council, that nobody has told them to prepare this study e~:cept South- easter Island Development Corporation, and Lhat, of course, no one can do this sortof thing except the cities and this 'Nhy they wanted the city officials dO'NTl t11ere, and that he as City rlianager was not about to tell those people down there that the City Council of Se1Nard would go on this or take a stand in that position; that they have made no overtures to this City 'Nhatsoever; that they told him they wouldbe sendin~ a pencil copy dO\1ll here for him to review but that he was going to bring it to the Council; (5) The chlorination building finished, painted and pictures of it passed around; that these were taken to lVIr. Durkee of HHFA as evidence the chlorination project under way. :". ~J l..~'~:_- t'.-,.... ~ ._CC\-~ ~.n~ " c c.-' 1 --. ~~ I. . .. -t..~ "'~,...: .- --; , ., r, ,'_ +-:;' ).... 1\.": 'Z 1"- -, e-.:: !< f, -- I 1 l-) (6) That the hot water boiler in the Jtate Building has been condemned by the State Inspector for a number of reasons all very serious and it will be corrected and put in the same condition as any other pub- lic building is required to be; (7)Governor Egan has replied to the City's letter asking for the San Area, that he would keep the Council advised as any definite informa- tion received, since this letter simply an acknowledgment and the Gov- ernor will inquire into the matter. Clarified this the whole area. (8) That he would attend the September G, 1963 meeting in Soldotna for the receiving of the Turn-again Arm Causeway report if no objection and Council urged to do so; (9) That the Architect had called from Seattle with small problems in the fire station plans, not stop the advertising, but some statements needing to be resigned, and possibly affect the financing, this being the fact that our $60,000 is matching both HHFA & CD grants,and while this earlier discussed and no objection, apparently HHFA did not under- stand and now questions this, and are working on it; that he would go to Anchorage Thursday to resign these papers, and at same tmle will see the Highway people regarding Third Avenue; (10) Have located Mr. Bordwell re the Harstad & kSSOC. claim and he will give a verbal report but will not make it in 'Nriting, that he feels very strongly that this not a just bill on the City, and would see him on Thursday also. Further in this connection r':yr. Stockton advised that he would report t:lat the best recollection he has of this problem is that certain easements were not acquired as was the responsibility of the Engineer, and this resulted in great cost to the City, and in the case of tryinr to E;et power to the Northwest Freight Lines dock:, were completely stopped; IJ - rlL' ~~ h. ./J. J.iI'.,..(j;'.<,:"'- : -'t\1': ) plus t;1e fac t tllat t: e DI)','181'1ino acrU:3S t'18 airnort e4.r-line was no' pro.per1y enGineer~d?st~1';n3 Lei a law rcc;uJ atin::;' .::nech and the City >1:::\'1 to 101"er trJico line ,a:~ added '3xpense ;;0 the City, -':.:lat he believed: url Trevethan and Hal GiJfil'!l1, :Jtility jJoardJmer~ber3 at the time, woeLi recall this and the other itsms of lhspu-::.e as at that time. that 30':'1'0 handled all the details and J8 as ~ayor had a less direct knowledge of it, but also that all the3c thinS3 were made known "co Hr. Harstcd h8 -was sure. ~e0u=-ar ~'8eting .hU~U;3t 19, ., (.,'"",: ..:..':;.' .J.) 35 . (11) Certificate of liabl.lit} insurance 'Goverinc Se\vard I'IIarina per l,et- tel' of Intent filed with the City; (12) As the result of survey made by the City's liability insurance undenrriters, the water products liability has been cancelled until full chlo~inatioD operating; (13) Have a new Alaska Municipal League salary study published by class of employees only, not 1 naming the ::;i ties; (14) That the City ~mployees had all signed a statement of appreciation and thanks for tl:e nevI group in;:;ur,ance poliGY paid for by the City, and this was passed around for the Council to read; (13) That a request for cost of electric:..Ly for a grindinc; plant had been received from Alaska ~artel Co. or Calgary, Canada, and the City had replied by return wire folbvled by usual letter offerini0 coopera- tion and expressins intetest ~n new industry in our City; (15) That the ne~:t mee t;ing ',,,ill be on Labor Day and ',von.dered if Council wanted to set ano 0'her date and t;?1i3 'I,as ct,:o;reed best course, and set for ~~ Thursday, AUGust 29, 1~63, all possibly pub1ici~y to be given. Clr.m. Drinicall moved for adjournment and Clmo. L:entmire 3(]conded. 11:15 p.m. Approve::l: Attest:' ~~.~ City Clerk-Tre5~. IJIayor I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Special Meeting August 26, 1963 Pa;~e J5 A special meeting of the City Council for two purposes: (Discuss proposed changes in School Budget with School Officials. and Consider and take appropriate action on proposed Resolution No. 330, changing the budget of the City of Seward to accelerate the public works applications and make money available for the projects) was called to order by Mayor Perry 'It. StoCkton at 8:05 P.M. Roll was called. and those present were Myr. Stockton, Councilmen Drinkall. Kirkpatrick. Zentmire. Vincent. and Walker. Clmn. Paul Stockard was also present, coming in at 8:10 P.M. shortly after calling of the roll. City Manager James W. Harrison was also 'present. The Mayor announced that the first item on the agenda was: Discuss proposed changes in the School Budget with School Officials. and that the Council had been briefed to some extent of 'the matters involved here by letter dated August 14, 1963, from Lawrence Brent. Superintendent of Schools, addressed to the Council, which pointed out-that there was a surplus on hand at June 30,1963 in school funds. I People present at the meeting representing the schools were: John M. Johnson. Auditor for Seward Public Schools, H. Ed Burke, E. C. Casey and Renee Skinner. members of the Seward School Board. Mrs. House. secretary to the Superintendent of Schools. Lawrence Brent. Superintendent of Schools. and Douglas Davies. Grade School Principal. These persons were introduced to the Council, and their Auditor was asked to give a digest of the matters to be discussed at this meeting. Mr. Johnson then quoted from the Comparative Financial Repor~ for Seward Public Schools for the years 1963. 1962 and 1961 and explained how it came about that there was a surplus; that funds had come in from the State alid from tile Federal Government. so that at the present time the sur- plus on hand was approximately $62.000 in cash surplus. He added that he would prefer to explain further by answering questions of the Council' or City l-fanager. Questions by the City Manager were: Is any of this Federal money that is restricted to a par- ticular purpose? To which Mr. Johnson replied that 874 funds are designated for school operations. Doesn't most of this represent payments that are past due from Govern- ment agencies? To which Hr. Johnson replied essentially in the affirmative. These are not funds that can be expected each year? To which Mr. Johnson replied that this is a catchup of a backlog of funds. These funds come from the Federal Government and some are administered by the State? To which Mr. Johnson replied yes. They are making full payment to the schoo1 of funds that they have for past application1 To which Mr. Johnson replied that they had received 75% advance funds. There were furtheT questions Telating to whether these funds had come in since the budget 36 ~ '..I Special :'leeting August, 26, 1963 for the schools had been presented to the City Council, and Mr. Johnson replied that the bulk of them were probably not received because the bulk was received in May. so that most of the funds came in after the budget was subrrdtted. and gave figures of what amounts and when the receipts came in. There was discussion of the school budget, and Mr. Harrison pointed out that the City underwrites the operation of the school and in the past had adVatlCed to the school funds that the State and Federal Government should have paid, so that these surplus moneys were repayment of moneys advanced by the City. and should be repaid to the City because the City had ad- vanced them for the past three years. He added that if the schools feel they need this money, it would be necessary to state what they were going to spend it on, and include it in the budget. He pointed out that this approximate $62.000 is money the schools did not anticipate as revenue, it was not budgeted for this year. and when Mr. Johnson mentioned the need of opening cash, it was pointed out that there was no consideration for opening cash in the school budget. and Mr. Harrison stated that the approximate $131,000 budgeted is all the school is entitled to; that money budgeted is all that can be spent. Mr. Johnson replied that he felt the City was entitled to some of the surplus moneys, but not all. that the schools wanted a portion of the surplus. Mr. Brent added that the schools needed money at this time to meet the first month's payroll. and should be entitled to some type of a working fundI that without this surplus they would have needed to come to the City for money to meet immediate needs; that he felt an operation the size of the schools in Seward should have an emergency fund. Mr. Harrison said then that he didn't think the schools should give a check to the City, that he was thinking of a credit on the budget on account of this surplus. Mr. Brent then stated that he would like to see an emergency fund established of $5,000; that he would also like to see a working fund of $10.000; that there are other things needed by the schools, mentioning the elementary school roof, that the Armory is in bad need of paint. for which the school's portion of expense would be approximately $300. and also needed glass replaced at another $300; glass in the all-purpose room at the High School needs repair and replacement; the Armory needs a maintenance man at an approximate cost of $125 per month; that there is need for a custodian through the summer months for the schools; that the schools need a full time summer secretary; and Mr. Brent added that the elementary building needs renovation. especially in its dark areas. and some painting; and .aid the items of school improvement he had jotted down came to roughly $33.800. Mr. Johnson then mentioned the tremendous lag in making the payments which were in this approximate $62.000. some of it being for the year 1961. Mr. Harrison stated that it would be necessary to amend the school budget in order to use the surplus for school improvements. and amendment of the iudget would be up to the Council. as presented by the schools. Mr. Brent agreed that it would not be right to spend the surplus without coming to the City Council for authorization; that the reason for asking this meeting was so they could discuss the Council's wishes; that the schools could present a list of projects. The ~~yor then stated that it now appeared that the School Board should document their needs and then present them to the Council. Clmn. Zentmire asked about the item in the school budget for insurance, mentioning tnat the City pays the fire insur- ance on 'the school buildings. and asked whether insurance on school buses comes to'$Z600.' Mrs. House stated that it probably would be changed as to that item. gs there had been a change in the way insurance was paid for. The discussion closed with the agreement that the schools would present their proposals for disposition of the surplus moneys to the City Council at the regular meeting to be held on Monday. September 16, 1963, with due regard to legality. and subject to the understanding that this surplus was repayment to the schools of funds that the City had advanced because of late payments from the State and Federal Govern- ment. but the gchools need a portion of it for improvements. Agenda Item 3 wag next discussed, and City Manager Harrison explained to the Council that two telegrams had been received from HHFA giving a deadline date of September 3, 1963 in one and September 6, 1963 in another, to accielerate the current budget to the point whete matching funds would be available for the public works building and the Fire Station; tliat the Hospital elevator was in the same category. though of course aQmin1stered by the Dept. of Health and Welfare. He added that it was necessary now to make money available for these projects. otherwise we are automatically cut off from the public works grants; that he had gone through the budget and prepared the proposed Resolution No. 330 which was now preaented to the Council; 'and explained that it was never his recOlIlJlendation that we spend $86,500 for a Fire Station, but this amount IIlI.I,st be included in the Resolution for matching fund purposes; the item of the repayment from the School would be a reduction in the school budget because of the surplus previously dis- cussed at this meetingl and he reminded the Council that the fact that the money was budgeted does not mean it must be spent. He then pro'ceeded to read proposed Resolution No. 330. as follows': RESOLUTION NO. 330 AMENDING THE BUDGET OF THE CI'lY OF SEWARD FOR 1963-64 ~'" '''' :Z [_.. -, ~ ~l 1, J o Special Mee~ing August 26. 1963 ,";"3' 7 ,,,:,' ,,:~ : BE IT RESOLVED that the Municipal Budget for the City of Seward for 1963-64 shall be amended in its individual item and account as indicated below and it shall be reappro- priated as indicated below: Revenue (* Both Detail and Summary) Code From To * Opening Cash $ 73,650 . $ 98.650 * Repayment from School -0- $ 25.300 * Gift from Peninsula Community Hospital Association -0- $ 13.800 I * Total Municipal- $471,629 $535,729 TOTAL AVAILABLE REVJBruE $951.676 $1.015.776 Expenses Fire Dept. tJ:30 New Fire Hall $ 60.000 $ 86.500 Street Dept. 140 Public Works Bldg. f1:40.305 -0- $ 35 .800 Special Government 180 Seward General Hospital 180.402 $ 12.000 -0- Hospital Elevator 180.305 -0- $ 13.800 It is the purpose of tnis'~esoluc1on to certify the availability of funds and the acceleration of the budget for Accelerated Public Works Grants to the City of Seward Nos. APW-Alaska-25G, Alaska No. 17 APW. and APW-Alaska-39G. This Resolution to be effective as of the 26th day of August. 1963. Clron.'Drinksll - I would move for the adoption of Resolution No. 330 as read. Seconded by Clmn. Stockard. The Manager remarked that the Hospital elevator,' matching moneys were guaranteed by the Hospital. Vote - All in favor. Clmn. Kirkpatrick moved for adjournment and Clron. Stockard seconded. 9:50 P.M. I Attest: nd;;~'p :Z-W~ Beatrice E. Watts City Clerk-Treasurer Approved: .6'~ a //~;L) Perry R. Stockton, Mayor ------------------------------------------------------------------------------------- Regular Meeting August 29. 1963 The regular meeting of August 29,1963 was called to' order at 8:00 P.M. by'Mayor Perty Stockton. Roll was caUed and those present were Mayor Perry Stockton, Councilmen Richard Kirkpatrick, Del Zentmire'. and Willilillil Vincent.CoUncilmah Paul Stockard came in at 8:05 P.M. after roll call and was also present from that time on. Councilmen Hal Drinkall and Erma Walker were, absent. City Manager .James W. Harrison was present, as was also City Attorney Howard Pollock. I Item 2 - Minutes for regular meeting August 5, 1963, special, meeting August 9, 196~, and ,regular meeting August 19, 1963. Myr. Stockton' inquirecl'if 'the n\etnbers had read these minutes and all had. Corrections were noted, as follows: Page 34, on the third line in the paragraph starting with the figure (4) change the word "requested" to "ordered"; Page 35, top line, take out the word "airline" and insert the words. . "north approach". Clmn. Kirkpatr-1ck- I would move fori approval' of tne Minutes" bom, a e 20 throu h 35 inclusive coverin the re ular meeti Au ust 5 s ecial meeti AUstUst 9. and reRular meeti_ AuRust: -19 .' 1963.. as corrected. 'SecOnded By Clmn. Zentmire. Vote - All in favor. . Item 3 - B - Mr. Herman Leirer was p~,.ent~~ and had requested audience with the Council. Item 3 - A - ~~. and Mrs. Phil Durant were not present; therefore not heard. Item 3 - B - Mr. Leirer stated to the Council that he wished to discuss the garbage contract, which expires Dec. I, 1963, so that he could make plans; that he was wonder- ing what the Council's wishes are, whether to have a new contract drawn, to'extend the present-one, or to put it out on bids. He explained that he did not anticipate a change on his part, that he was most satisfied with the present contract and the rates paid are acceptable to him. Myr. Stockton mentioned that perhaps we will have a new Council in October possibly with many new members, and that this is a contract which possibly should be considered by the new Council. City Manager Harrison stated that the work done under this contract has been excellent, with little if any complaint being received; that perhaps this Council could leave a recommendation in the 38 I.,' __~' Regular ~eeting August 29~ 1963 "1\.'": IZ minutes for the new Council. There was discussion among the Council members, and the City Attorney advised them that it would be improper for them to extend a contract that does not terminate until December, but perfectly proper to make a recommenda- tion; that the first meeting in October would be a good time to take the contract up for renewal. Clmn. Kirkl!atrick asked if Hr. Leirer whether he had specific reasons for wanting the contract considered now. such as considering purchase of new equip- ment, and Hr. Leirer said no. he had already bought a new truck and has equipment which will last several years; and it was not necessary to have a definite decision as yet. Clmn. kirkpatrick - I would move that this Council pass on a recommendation to the followilUt Council in favor of granting Mr. Leirer an extension of his present garbage contraci:.- Second by Clmn. Stockard. Vote. - All in favor. _. ~ Item 4-A - Third and final reading of proposed Ordinance No. 325 - Each of the members having a mimeographed copy of this proposed Ordinance. the City Manager read aloud proposed Ordinance No. 325 by title and number. and then asked the City Attorney to explain changes made in this proposed Ordinance prior to its third and final reading. Mr. Pollock explained changes. as follows: that the State law re- quires that before a franchise be granted it be subject to ratification by the people; therefore an election is necessary. which will require a 55% vote in favor of the franchise. otherwise the Ordinance would be of no effect and the'franchise would be null and void; that the time certain of twenty years is necessary. and if the Ordinance is passed and affirmatively voted it will go into effect at midnight 14 October 1963 and end at midnight 14 October 1983; that he had added a provision requiring a document of indemnity to be signed by the Telephone Company rel_Ning insurance requirements, calling for a certificate of insurance to be furnished the City, all as appears on page 2 of the Ordinance. sub-section (c) (i); that he had added Section 3 as a necessary thing to protect the City in the future; that under Section 5 the Ordinance will be submitted to the people at the general election on 1 October 1963. and publication arranged for will give the required 30-day notice; that he had added Section 6. feeling it extremely important to reserve the right in the City to revoke or repeal the franchise because of a material breach, if any is made. The City Attorney added. regarding proposed Ordinan~e No. 326., that he'felt the City should be protected by the addition of Section 10.402 re- lating to a reasonable return on ~ net capital investment; that it'was proper that the rates and charg~s be contained in a separate ordinance. because if in- cluded in the franchise ordinance they could not be lowered for five years. Citr ~~nager Harrison then pointed out that in Section 7 of proposed Ordinance No. 325 there is a provision which provides for interest to be paid on deposits, which;he felt ~ should be deleted. and gave the reasons therefor, mainly that if this provision were included the people might expect to receive interest and difficulties would be created for the City; therefore the City Manager recommended that this provision. be taken out of the proposed Ordinance. The City Attorney said he would agree to this; that the main~urpose o~.Sect~C?n 7 as he had written,.it was__ to reserve the right in the Council to regulate, fix, establish and change rates and charges and provide for deposits, permitting a fair and reasonable return on net capital investment. The Mayor then asked Mr. 0 'Neil of the Telephone Company.. . who was present at the meeting, if he wished to speak. and Mr. 0 'Neil said that the Telephone Comp#ii~ was satisfied; with proposed Ordip~nces No. 325 and '326 a8 .they now are after revision by the City Attorney. except for the provision ~ut inter- est on deposits; that because of the necessit7 for an election, their cont~lated improvements might be delayed a little but w~uld'.be basically completed by January 1st. The City Attorney next noted that a formal acceptance should be prepared to be executed by the Telephone Company after ratification of the proposed Ordinance by the people, and the motion for acceptLance. of th.e proposed Ordinance . should con- tain wording that the deposit insurance provision be stricke~. , "-'1 I ~l Clmn. Zentmire - I would move for acceptance and approval of Ordinance No. 325.. as it appears and as 8IQended. at its thiNi reading, but that the. wording OIL PaaeJ 4 Section 7 fifth line "and ma rovid that interest be d on said de odt" be' stricken from the Drd1lUlnee .' And f1i8t the- CODma" after t e word, ,I dven~1 be ma4e.'a period". Seconded by Clmn. Stockard. Vote - All in f@vor,. (Copy of. Ordinanc;e No. Jl5 is attached hereto and made a part hereof.) , Item 4-B - Th~jd 1t ~1)8l re,j1-ng of proposed Ordinance No. 326 - Each of- the- members~a(4:R .t' 'l.'..,liin:aCf"a mimeographed copy of this proposed Ordinance, the City Manager read aloud proposed Ordinance No. 326 by title apd number. The City Attorney was then asked regarding changes made by him in this proposed Ordinance prior to its third reading, and he pointed out the initial wording in Section - 10.401 which he stated was important for historic~l purpos~s; the provision in Section 10.402 for a reasonable return. which he fel~ should be spelled out; the provision for an audit to be furnished; and ~he provision that the City re- serves the right to adjust rates; stating that if this latter provi~ion were not in this proposed Ordinance but was in the franchise i~self the City would be prohibited by law for five years from making any change; that th. franchise stated in Section 7 the right to regulate. etc., but this Ordinance is specific as to l ORDINANCE NO. 325 "/ I ~: i ( ,.) i , Z It~'i .: j < ' ( (.) .;(, . ,. '. -:' ;:.k ,. <' -f f ' /'J.-rt. ' ' "" (:'-.,t < i ^'::~( ~~~ ._ ;; ~_ <- (...L / r "~ ,-, - AN ORDINANCE GRANTING TO ALASKA TELEPHONE CORPORATION A NONEXCLUSIVE FRANCHISE PRIVILEGE TO CONSTRUCT, OPERATE, AND MAINTAIN A PUBLIC TELEPHONE SYSTEM AND SERVICE IN THE CITY OF SEWARD, ALASKA, FOR A TERM OF TWENTY (20) YEARS, SUBJECT TO AND CONDITIONED UPON RATIFICATION BY THE ELECTORS OF THE MUNICIPALITY; AUTHORIZING USE OF STREETS, ALLEYS AND O'l1lER PUBLIC PLACES; PRESCRIBING RULES AND REGULATIONS; SETTING THE DATE OF THE FRANCHISE REFERENDUM ELECTION, AND SETTING THE EFFECTIVE DATE OF SUCH FRANCHISE. , " 1/ r \.< \." \ I I-:-:A C,'if> "-; 7 ((;_ ~ ~ '::-'/ ,/0:J. , -/' I ,.'-,,,. i mE CITY OF SEWARD. ALASKA, ORDAINS: Section 1. Alaska Telephone Corporation, a corporation organized under ~ and operating pursuant to the laws of the State of Alaska, its successors and aSSigns (hereinafter referred to as the "Company"), SUbject to and conditioned "' upon ratification by the electors of the City of Seward, is hereby granted a non- exclusive franchise for a period of twenty (20) years, commencing as of midnight, 14 October, 1963, and ending as of midnight, 14 October, 1983, to construct, renew, extend, acquire, maintain and operate a public telephone system, to include telephone service and such facilities as telephone lines, poles, wires, stubs, anchors, cables, vaults, laterals, conduits, and other fixtures and equipment in, upon, through, under, over, along and across the public streets, alleys, highways and other public grounds and places of or in the City of Seward, a first class municipal corporation created under and operating pursuant to the laws of the State of Alaska (hereinafter referred to as the "City"), as may be necessary or convenient for supplying to the citizens of the City and to the publiC at large telephone service and communication by telephone or other electrical or electronic signals, and for conducting a general telephone business in said City. Section 2. For purposes of defining and carrying into effect the rights and privileges granted to the Company by Section 1 of this Ordinance, the fo110w- ing provisions, conditions and limitations shall prevail: ,. (a) The location of all facilities of the Company presently in existence within the City is hereby approved. The location of any additions or extensions or the relocation of any existing facilities on the streets, alleys, or other publiC grounds of the City shall be subject to the approval and authorization and accomplished under the direction of the City Manager of the City or his deSignee. (b) The facilities of the Company shall be so placed, located and . maintained, and the work of the Company in connection therewith shall be so performed, as not to unreasonably interfere with ordinary travel Page 1 of four pages q'..!f. ."\' " , "r; ,t, (~ ! ~ ~ > , ~, ' 'l; "j" ,:i '/ (c) After procuring a permit from the City to do so, the '7 /-//:-; /., ,) /1;/,; /..( I: ill~1 /' "" ( ,/ ' " 1ngre s' fo f ,( ,u': ,7 ;'" 'j' /" ",I" t' ( /. I I I, ,r . .-" , , .--" ,,' I ',,' / ,,/"t D(-x_L,-(-~: ~ '- ,_'L '~~,-. t d, I '7 '. ,< ~, / Company may and traffic on the streets and alleys of the City, or with or egress from public or private property. '. make such excavations in streets, alleys or other public places as may be necessary for the installation, maintenance, removal or replace- ment of its facilities, temporarily utilizing such portions of pavement or sidewalk as required i however, the Company shall fill excavations and reconstruct any roads, sidewalks, walkways or paving thus disturbed, so as to leave the same in as good or better condition than before. All work in or on the public rights of way or other pUblic places shall be properly barricaded during daylight hours, and both barricaded and adequately lighted with approved safety devices during the hours of . . darkness. The Company shall be fully responsible to any persons who shall be injured through the negligence of or from or by reason or on account or as a result of the activities of the Company under the telephone franchise privilege, and the Company shall execute a document of indemnity holding the City harmless therefrom. In addition, the Company shall furnish the City with certificates of insurance (with the stipulation that the City, as certificate holder, will be given 15 days' notice of intent to cancel) evidencing: (i) Not less than $100,000 of bodily injury liability coverage per individual and $300,000 per accident, nor less than $25,000 of property damage liability coverage. The applicable cert1fi- cate of insurance shall clearly indicate that the property damage liability coverage includes hazards from explosion, collapse, damage to underground wires, conduits, pipes, fittings, mains, sewers or other similar property. Such certificates shall fur- ther clearly indicate that the document of indemnity required pursuant to the provisions of this section has been incorporated into and made a part of the applicable insurance policy. (ii) Workmen's Compensation insurance in accordance with the laws of Alaska. Section 3. Anything herein to the contrary notwithstanding, the rights and privileges granted to the Company shall always be subject to the proviSions of Sec. 29.10.141 through Sec. 29.10.153, Alaska Statutes, as from time to time amended; and such rights and privileges granted to the Company shall also always be subject to the present and future regulation of the Common Council of the City. This franchise shall not be assignable by the Company without written authorization Page 2 of four pages t' ,- ;--; r '. t;,- "i.' ',',' .\': .'1. ;", ", ;". ',.t';r "',";r:, .cu ,~~ ~j " ~: t?,;' ~ ,.;: i .~ "-'.;.' {. ~ , ~ t t , ,/'1-;' " -- '/ I'-'~{"# /( (.1'-1,' ( f !<r'" ;::;.....,( /" of the City Manager pursuant to prior approval of the Common ~ A ( ( y , "I. " /' / <,-- ; / / J ,., ( , < < "/:, '1', (e'> / Council of the City. , " {,-' 1_1 l I I Section 4. The Company shall pay to the City the sum of $2.50 annually '. for the use of each City utility pole utilized in any manner by the Company or its equipment. Said payment shall be made in advance on an annual basis during the first half of July. A physical count of said City poles utilized shall be made jointly by representatives of both the City and the Company during the month of May of each year. An additional pole use payment shall be required on a pro rata basis for any additional City utility poles utilized by the Company or its equipment, and said pro rata balance of annual payment shall be made by the . Company to the City during the month said equipment is attached or said pole is otherwise utilized. Installation of any such equipment shall be accomplished in accordance with City specifications, using REA standards. Section 5. This ordinance granting a public service telephone franchise to Company shall be submitted for ratification to the qualified voters of the City at the general election of 1 October 1963, and at least thirty (30) days' notice of said franchise referendum election shall be given in the same manner as is provided for notice of general city elections, and the notice shall specify that the purpose of the franchise referendum election is to determine whether at least fifty-five per cent (55%) of the votes cast by the electors of the munici- pality are in favor of the franchise. If less than fifty-five per cent (55%) of the votes cast are in favor of the franchise, it shall be null and void, and this ordinance shall be of no further force and effect. If at least fifty-five per cent (55%) of the votes cast are in favor of the franchise, the provisions of this ordinance shall pertain, and shall be effective as of midnight, 14 October 1963, as aforesaid. The results of the election shall be canvassed publicly by the Common Council of the City and spread upon the records of the minutes, and the results declared and certified in the same manner as in a general election. Section 6. The City reserves the right and option to revoke or repeal this franchise should the Company commit a material breach of any of the proviSions of this ordinance, or otherwise fail to operate pursuant to the laws of the State of Alaska, or contrary to the ordinances, rules or regulations of the City, or otherwise fail to provide the public telephone service herein contemplated. Not '. less than thirty (30) days' prior written notice before revocation or repeal of the franchise shall be furnished by the City to the Company, advising that the City contemplates revocation or repeal of said franchise, in order that the Page 3 of four pages J \ .1' -r "f (: ;, ,- ,; I: " ,(\ l ~. 1 " i:! /:; -I i. ~ ..1' "~ . . .; .t:.i;' . r ..., ~. . , .\ ';,.,. ~ .' . " -'. . ,~\',L .,' ,.; . ~.I ;. :::':1' L "'.i.:.:, , . " :.{. .r~ ;, 'C , .;, .i j~:.J I' .~ ~',. '.' ..' , (~. . .i' '"f.; , (:;. -".'" .' ,~'- . , , '>;,' 'L (h" ~ i Section 7. There is hereby reserved to the Common ,-' _ ;--;"-li//_I-::!-c: I - ~. ( " (, / L " .".- /, ~- (~~' , - ~/),l"c'('- -, /'d i -,~j//(:/(::, ) . ~ '. 'F I/, ( ~'(. t L I' '- '- ~ r " ' I (,( I, \ '..... ,I . - . > I ; 1(. c::~;/;J~ 'i~~- C~i~y- ! C 'd , . . Company may have an opportunity to correct its deficiencies. -. the right to regulate, fix, establish and change, as it considers proper, the rates and charges imposed for telephone services rendered to the City or its in- habitants, and may regulate and provide what is a reasonable deposit or security for services to be given. .~ ~J. . _ 1_ L~~ _ l I . . - 'r 'i(~ All rates, charges and regulations shall be reasonable, and shall permit a fair and reasonable return on net capital investment, i.e., initial investment, regard- less of subsequent changes in ownership, plus capital additions and minus accrued depreciation. Said fair and reasonable return on invested capital shall be condi- tioned upon the operation of Company being efficient and economical. Section 8. This enactment shall be binding upon and shall inure to the benefit of the Alaska Telephone Corporation, its successors and assigns. Section 9. All ordinances or parts of ordinances in conflict herewith are hereby superseded and repealed. Section 10. A determination that any part of this Ordinance is invalid shall not affect the validity of any remaining portions or provisions hereof. Section 11. The Company shall, upon demand, pay the costs of publishing this Ordinance. * * * * Publication of this Ordinance shall be made by posting a copy hereof on the City Hall Bulletin Board from the date of its passage and approval until 10 October 1963, ten (10) days following the franchise referendum election at which this Ordinance shall be submitted to the electors of the municipality for approval of the franchise. First reading: 5 August 1963 Second reading: 19 August 1963 PASSED AND APPQOVED by the Common Council of the City of Seward, Alaska, this 29th day of August, 1963. o~o~~ rry R. tockton Mayor Attest: . . ~~ ~;;kl~~ -8~a.L...l",,_ E'. WAtts ~ City Clerk-~reaeY.8. Page 4 of four pages '~ ". q !.' ~~ Regular ~leeting August 29, 1963 ~ ; , ' 39 what ,the rates are and reserves the right to adjust the rates established to conform to the provisions of Section 10.402. Clron. Vincent - I would move the Attorney for its third reading. (Copy of Qrdinance No. 326 is as adoption of Ordinance No. 326 as amended by the City Seconded by Clron. Zentmire. Vote - All in favor. follows: ) I ORDINANCE NO. 326 AN ORDINANCE IWlENDING SECTION 10 (UTILITIES) OF THE SEWARD GENERAL CO~E OF ORDINANCES BY ADDING THERETO NEW SECTIONS 10.400 TO 10.404 (TELEPHONE), CREATING NEW RATES FOR THE FURNISHING OF TELEPHONE SERVICE TO RESIDENTS OF THE CITY' OF SEWARD, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY' OF SEWARD, ALASKA ORDAINS: That Section 10 (Utilities) of the Seward General Code of Ordinances be amended by adding thereto Sections 10.400 to 10.404 (~elephone), with provisions for the effec- tive date thereof~ Section 10.400 Definitions Company shall be the A1a,ska .~e1e:phc;lne Corporation, its legal assigns or successo~s, or others operating under proper ,franchise granted by the Common Council of the City of Seward. City shall be the City of Seward, Alaska. Telephone Service shall be any service offered by a duly franchised company for the purpose of communication. Section 10.401 Rates , , After public hea~ing of in~erested witnesses, examination of relevaq~ evidenc~ and consideratiqn of oral argument, tqe Common qouncil of the City ,does hereby modify, fix, regulate and establish'the following rates, and,no ot~er, for telephone service to subscribers located within the corporate limits of the City of Seward, Alaska: I TY'PE OF SERVICE RATES PER MONTH Business in base Rate Area Individual Two Party Multi Party On Premises Extension Off Premises Extension Trunks . Teletype - Two Wire Circuit $16.50 14.00 12.50 2..50 5.00 16.50 14.40 Residence in base Rate Area Individual Two Party Multi Party On Premises Extension Off Premises Extension ,.1iI"""" $11.00 9.00 7.75 1.7~ 5.00 Section 10.402 Rate of" Raturn I cocipany shall at no time make or be ~ntitled to more'than a reas~nable return"ss determined by the Common Council of the City, on its net capital investment, represen- ted by initial investment fOr property actually used and useful in the public_service, regardless of subsequent changes in ownership, plus capital additions and minus accrued depreciation. For this.puxpose the Company shall furnish to the City annually an independent audit by a certified public accounting firm authorized to conduct its business in Alaska, reflecting the financial activities of the Company in Seward in connection with its telephone franchise. The City reserves the right at any time to adjust the rates established herein, whether by lowering or raising said rates, to conform to the provisions of this section. Section 10.403 Public Service Telephones . Company shall at all times, at its own cost or at the cost of others, maintain tele- phone service available to the public at the Seward Small Boat Harbor and at the Seward Municipal Airport. Section 10.404 Effective Date The effective date for Section 10.401 shall be January 2, 1964. 40 ~_ ;-;:~c l:~, ,: Regular ,Meeting August 29, 1963 1\..."': Z -, All ordinances and parts of ordinances in conflict herewith are hereby repealed. ,-., !~ A determination that any part of this ordinance is invalid shall not affect the validity of any remaining portions or provisions hereof. The Company shall, upon demand, pay the costs of publishing this ordinance; Publication of this ordinance shall be made by posting a copy hereof on the City Hall Bulletin Board from 29 August 1963 through 10 October 1963 (being ten (10) days following the telephone franchise referendum election). First reading: Second reading: 5 August 1963 19 August 1963 -, I PASSED AND APPROVED by the Common Council of the City of Seward, Alaska, this 29th day of August, 1963. Item 4-C - Discuss contract with Roland H. Lane-for archi~ect's services on Public Works building. The City Manager explained to the Council that Mr ~ Lane was nOt:' asked to be present for this discussion, because this was a standard contract, with a couple of changes made by the City Attorney; that this contract covers only'1:b8 Public Works building, and a separate contract will be made for the Hospital eleva- tor. The City Attorney next ---explained the tWo changes he had made in the contract form: eliminating the charge for transportation and lodging of the architect and his employees, so that there would be no charge for these expenses; and addition of the provisions for payment under the contract 80 that the final 10'1. would not be . paid until completion of supervision of construction and completion of the contract. The Attorney explained that this latter change was made to insure supervision of construction by the architect. and this was acceptable to Mr. Lane. The form of contract was shown to the Council, and the City Manager recOlllllended that-it be authorized to be executed. Clmn. Kirkpatrick - I move that the City Man82er and the City Clerk be authorized. to execute this contract with Mr. Rol-and H.' !Ane !or the . Public Works BuildilUt. Seconded by Clmn. Stockard. . Vote' - All in favot. The' 'City Manager explained that it is' tentatively planned that this building be ereeted on 7th 'Avenue in the center of the owned property, and arrangements had been made so that noOne can come between City land and the Railroad land; that Mr. Lane has been here and conferred on what is needed with the Street Dept. foreman and the Manager. that the building would be insulated, with adequate space for motors, offices, furnace room and storage rooms. ---- Item 4-D - Discuss final! disposition of Claim of Carlos Carson regarding jewelry purchased from City. The City Manager reminded the Council that this claim was based on Mr. Carson' scontention that certain jewelry 'he purcnased . 'from 'the City was misrepresented to be diamond, when actually it was not; that the City adminis- tration had determined "tmat the error in stating this was diamond jewe1'ry had been made by the appraiser hired by the City; that we are attempting to get the apprais- er to admit this so that we can demand return of our appraiser's fee; that the item of jewelry regarding which the claim has been made was part of a lot sold at the total price of $125.00; 'that Mr. Carson is now deceased and the :JClaiiU 'is being made now by Mrs. Carson, his 'Widow; that because the item is in fact nota diamond and " ,.- '. .j . was truly misrepresented 'so to l:)e, he would recommend that we repurchase the lot of jewelry sold to Mr. Carson for $125.00, and upon the surrendering to the City Clerk of all merchandise purchased under this bid, . that the tUll aniount of $125.00 be refunded by City check to Mrs. Carson. Clmn. Vincent - I move that the 125.00 be returned to Mrs. Carlos Carson upon receipt of the 1ew'elrvwhiclr was-' l)Urcha elf . from the City by Mr. Carson for this sum of money. Seconded by Clmn. Kirkpatrick. Vote - .All 111 favor. '.,. . ... . ..' c' . ",' Item 4-E - Report of City Manager regarding the drainage problem on :3r<i Avenue.' The City Manager reported t~t on his last trip to Anchorage he wa~ uqable to talk to the District Engineer regarding this problem because he had found hiin not in' . his office at the time; however, on Saturday, August 24th, both District Engineer Jenkins and Hilhway COIlIIIissioner McKinnon had ~ in Seward and had called upon him to di.scuss the problem. The Manager furt'her reported that the three of them had gone out to inspect the 3rd Avenue drainage problem, and conditions were very favorable because the ditches were full of ~ter and rain was pouring down. After inspection, Commissioner McKinnon asked ''What do you want", and the ~r.anager repl,ied "We want you to fix it just like you have down to the dock." Following tl1is, the Commissioner told Mr. Jenkins to put this in next year's project, but if you can find some hot mix do it when you can get some hot mix; thts will save money. Mayor Stockton asked just what had been verbally assured by this, and the ~1anager replied that this meant that the State would widen and pave the street and put in curb and gutter drainage, but not sidewalks, that normally sidewalks do not come within the province of what the State Highway Dept. will do. He added that the highway ease- ! 1 Regular Meeting August 29, 1963 a;, cd 41 ments run almost exactly up to the fences on many properties, and probably the reason for this was that the State wished to retain control of the grade of the street. The Mayor at this time asked the City Attorney for his report to the City Council, and the Attorney gave the following report: I (1) That a default judgment has been obtained in the Win Ervin Motor Co. pr-oceedings; that the judgment has not been signed as yet but no doubt will be, as there has been no opposition; ~hat if there is any property belonging to tha corporation, we would now be in a position to take it, although there may be none; that our claim is against the corporation and everything possible will be done to go after the corporation or any ~uccessor it might have; that the corporation still exists; that the judgment will be for more than $5,000. The City Manager here explained tha~ the people now in Seward are not the corporation; that the judgment represents an account of the City against the corporation while it was operating in Seward for sales tax and other taxes; that it was necessary to obtain jUdgment because of the size of the account. (2) That the City is one of a number of parties defendant .in a suit brought by the State of Alaska which concerns the Seward Airport area and concerns certain conflicts in descriptions of land, by metes and bounds; that the State wishes to clear title to this land against all parties interested, of whom the City is one. The City Attorney here read from pleadings in the suit, mentioned the title report on the property, and gave a resumd of what he had done to date to protect the City's interests. He said the C~ty would have to decide what interests he needed to protect. There was dis- cussion of the. airport area property, and the City Manager reported. to the Council that the CLty has electric lines running through this area which we would want to maintain, because if we had to move them it would be costly, that some run under- ground; that these would represent the City's inter~sts in this area, but they should not be jeopardi-zed. A map of the area was examined and. discussed by the members, and it was agreed that we need to protect our right to utility lines, whether underground or aboveground, and if necessary an engineer should be procured to define the City's interests. The Attorney stated that it would not involve fee title, that the ~ity's rights would probably be in easements, that regardless, he would protect whatever rights the City has, that he has entered an appearance in the suit on behalf of the City, and that because of difficulty in ~ocating some o~the defendants, which is taking time, there is time yet before it is necessary to file an answer in the suit. I (3) On the Lemas incident, the suit has been turned over by the insurance unde>r- writers for the City to the law firm of James Delaney, which will undertake the defense of the City on behalf of the insurance company; that the City Attorney will keep in contact and will make all appearances necessary to protect the interests of the City. The City Manager here stated that because of the large amount of money involved, it is wise for the City to have its own counsel to make certain nothing is omitted which should be done and to protect the rights of the City; that if this suit were decided in favor of the plaintiff the City might then be forced to fence all of its equipment at all. times. The City Attorney added that he can do nothing to pre- vent a compromise or settlement, that the law firm retained by the insurance' company is the proper one to undertake the defense, but he can keep advised, keep the Council advised and perhaps divert some improper course. There was discussion at this point as to prospects of settlement of the suit, and the City Manager was concerned about the possibility of a substantial settlement being made, which he felt would be very unfavorable. (4) The City Attorney now returned the documents and files reiating to the Marigold because this matter has been resolved. I (5) On the matter of the Small Boat Harbor operation contract, we are now operating under the Letter of Intent and this was to be for a short period of time; that the City Attt>rney would now like to ask the Council whether they are ready for him to prepare the final documents, and, if so, what modifications, if any, there should be to the Letter of Intent,' that there would of course be a modification in the dollar amount because that was only for planning purposes. He added that at sut:h time as the Council is ready to proceed, he can prepare the final documents. Clron. Zentmire here stated that it would be proper to wait until after the September 4th meeting, at which boat owners and others will be present, and where problems and suggestions will be aired and discussed. The City' Attorney agreed that this might be the thing to do, but pointed out that the harbor operators mmght be reluctant to enter into construc- tion ~ plans until the final contract has been completed. There was discussion among the members, and it was felt the matter should wait until after the Sept. 4th meetIng. and perhaps be put on the agenda for the September 16th meeting of the City Council. The City Attorney said he would like to go through it paragraph by paragraph, so as to have it accurate, and after further discussion it was agreed to place this matter on the agenda for September 16th and ask all parties to be present, in addition to its being a public meeting, and to ask the City Attorney to be present as well. '~ Jl ') 'we L,) ~,~-j.j Regular Meeting August 29, 1963 4Ii ~ <", ,- S# ~J~'''~ ~~rney- ~,/ ~~ The City loIIll.o!.U closed by l1s'8yrIig that he had been working under an understanding that he would only come to Council meetings after invitation, that under this arrangement he had not attended as many meetings or been in Seward as frequently as he might have liked; that he was happy doing the City's work, and would arrange to be at the Sept. 16th meeting. "''', Z - l~ Item 5-A - Request for transfer of Liquor License on Palace Bar. The City Manager stated that a request had been made for transfer of the liquor license on the Palace BarJrom Louis E. Thorn and O. B. Eitel to Louis E. Thorn only, and that as usual there had been an investigation made as to tax status and good character of the assignee; that this investigation had brought out the fact that sales tax, penalty and interest for the Palace Bar had not been paid for the month of April, 1963, and that Mr. Thorn was refusing to pay this because of claiming to not having received his return in the mail. The Manager stated that under the Ordinance there is no obligation on the City to mail a sales tax return, that in fact the return had been mailed as is usually done. that Mr. Thorn's claim that he did not receive it is not the concern of the City, that the Ordinance requires the taxpayer to file the return and pay the tax. The Manager added that it would be his recOlIllllendation that this transfer of liquor license be held up until the April sales tax, penalty and interest have been paid; that the transfer could be approved subject to this payment. Clmn. ZenJ;mire asked if there was anything in the Ordinance that requires the ,City Clerk to mail out these forms, and the Manager said no, the Ordinance says the taxpay~ is to come into City Hall and pay the tax and that he shalr bring the ret-urn to City 'Hall,; that failure, to receive the return does not excuse the tax- payer from paying. He added that except for paY!l1CDt of this April tax, penalty and interest, the request for transfer was acceptable in every respect. Clmn. Stockard - I -move that the transf~ of the liquor license on the Palace Bar be approv,ed in accordance with ,the City 'ManaRer's recOlllll'endation. provided this April sales t.x. penalty and interest.: are paid. Seconded by Clmn. Kirkpatrick. Vote:- All in favor. . Itiem 5-B - Request for transfer of Liquor License on Northern Bar. The Cit)' Manager reported to the Council that all things in connection with this transfer had been processed and were in order and proper, in all respects as requireil by City ordi- nance. After consideration - Clum. Vihcent - I would move for the approval of t.be t,:ansfer of the liquor license for the Northern Bar from Thomas H. Fulton and Arlene M. Fulton to Claude C. Starkey. Seconded by Clmn. Zentmire. Vote - All in favor. Item 5-C . Receive bid of Service Center for installation of Public Address system in Council Chambers. The City Manager, after ascertaining if each member had a copy of this bid, explained that in the budget there is $700 set aside for tpe cost of installation of some kind of sound public address system in the Co~cil Chambers; that he di,d not ,ca~l for general bid.s, fQr' this system, but because t~re is only one person licensed to do business on this type of equipment in Seward, and because such equiPlD!lnt needs, constant servicing, he had aslted Mr. Lan1;z to prlilllent this bid. There was discussion of the bid and what equiPlllElnt it would provide, whether four micr.ophones or three, as well as other equipment, and it was felt that perhaps four microph9nes would be be~ter than three. The City Manager said he thought it might be wise for the Council to. consider the proposal of Mr. Lantz, and to take it up at the next ~eting. When asked whether city ordinance requires bids, the }wnager said no, it is just normal practice; however, in this ipatance we have to consider the servicing of the equipment and for this reason it is better to have a local dealer. Clmn. Zentmire noted that in the bid it provided for ,three microphones, and it was generally agreed that fpur would be better. The Manager said the system is designed to take four microphones, and it might be we could try three and then always .add a fourth. There was further discussion among the members re the advantage of haVing servicing. awilable in Seward" and it was the general, opinion that the bid as presented was acceptable to all. Clmn. Kirkpatrick - I would move that'we acce t'thi~ r osal aa a bid b letter from Bill Lantz of ~he 1 "I er dated Au U8 23 1963 in the amount of 544 82 and order that it be installed. Clmn.__ Sto~d seconded the motion.. . Vote - Al . in favor. Item 5-D ." City Manager's report. (1) Four employees of the City have accrued more leave., than the Charter says they are entitled to accrue, namely: Heffner,'Duffy, Mrs. Watts and,Viele. It has been the practice of the Council in the past to allow such people a reasonable time to use up their leave; however, this has become a dangerous practice, the auditors have noted it, and I would like your permission to instruct these employees that by December 31st they must use this leave and bring themselves within Charter,re- quirements or excessive leave will be lost. I believe it will be possible for them to comply with this this Fall. (The Council was agreeable to this recommen- dation of the Manager.) (2) The Council has a letter from Mayor Sharrock of Anchorage, stating that a conference will be held on Rampart Dam at the McKinley Park Hotel September 7, 1963. and inviting a representative of the City to be present. This will be a I i i -.1 I Regt11ar Heeting August 29, 1963 : '~'r , J ,. . ';t".:"", 1',. }~/):' 43 very large gathering of people, with both Senators there, Representative Rivers, and even National people, and if you send a representative, none of the expenses will be paid from an outside source. The Manager further stated that he did not want to attend this meeting, that w,e are a very small city and he felt the amount of money expended on a trip like this for a purpose like this would not be worthwhile. Clnm. Kirkpatrick noted that the project itself would be very good for Seward, for our dock, for our longshoremen and everybody in general, to which there was general agreement by the members, and it was agreed that Seward should go on record, by letter, as being in favor of the Rampart Dam project., /The Manager was di~cted to write such a letter.'\ 1//" j' I 'I ::' I i,,1 -:,-r ,,' ;'. / (. . /.'" // i". /.~ i' I. I , .. II' ' . '. " I., " ,( I"-.~ (3) The City ~wnager reported on his conference with Mr. William Bordwell regarding the Harstad claim. He stated that thegist of the matter, as reported previously to the Council by memorandum, was that Harstad had failed to procure the necessary easements and had failed to perform otherwise. That he would recommend that the City at this time deny the claim made by Harstad for further remuneration, as it appeared from the records that the claim had never yet been denied. Mr. Herman Leirer from the audience spoke at this time and stated that he believed he was on the Council when the claim originated and that there was a contract in existence, that he believed the contract was on a percentage basis, that the percentage was 6%, and that there was provision for an engineer's time at a certain rate, as far as he could remember. The Manager rep~ied that he had never seen a contract, and that ~~. Bordwell had said there was none, and ~~. Leirer said he definitely remembered seeing one. There was discussion as to how to proceed, and it was decided that another search should be made in an attempt to locate a Harstad contract, and Mr. Harrison concluded by saying that he felt the City should deny the Harstad claim if no contract is found and put the burden on Harstad to prove the claim and produce the contract. Clnm. Kirkpatrick moved for adjournment and Clmn. Zentmire seconded. 9:55 P.M. Attest: Approved: ~~.a~ Pe ry R. Stockton, ~wyor :tZ4~C~ T2L~ Bea,trice E. Watts City Clerk-Treasurer ------------------------------------------------------------------------------------ D ,-.:.. '~ ' l 1- .J... -"} ,. l' ::'l _ -1- ~V',)' ..., -...-. I ~ ~l 1 ('I."'~-::; L"..uA....>._ar ..;.8e vl.16 ,J8PI.)\...1...D,.......i... ~" _, _Co, J..- I r~I>..e re.:ul.ar ~T~Cf2Lin:; cf t;'18 ~-l.ty Council c~ ~SpG~.TJ{;T 1), 1::- '~)3 ~:,T(13 =:c~2,J.- '.-:.1 ~,.() ('.,Y'.,'lc::o,Y' ~i- ".1 ~~ ,"' IV' 1.'''/' 1'--"~"'C-'" '+(-,~.,' -L-r'r DOll .~~:. .....,,11 e'j aY1!J' i-"r,n,,> ~ ~, -- ..A~... ~'.'.J ~,...1.....) 1'.1'. !.'.J ;......CtJ ,J. .J'-J~',~ "-,......I~1.. ..1.\.._..1.. \-.c...,'::; ....'.1.~...:... - .;.___ '..1 Lv..,)....... rrej:;n;~ vrcrc:: 1'~8.:ior Fe.r',::-'~T .3t('C~/,-tCYl, ,~ouncil.;'!le:~l Falll 3tu21:2rd, .llilljc;!~'.i 7i,~~.C'cnt,$ ~vir::hard Kir"~p:~tric;'~, lJe:"Lar ,~eYl"~!r'.ir2 8.:1.J. =:r!..;.d .12.1k'3~"'. '~l~!l_n.. :Ial Drin~"ul1 ',J3':3 a',-)~-\C::1~:'. ':;itJT I~a.n,:::~8r (,.r2~~:~(:)'; :~arri30~1 ",'!a~ rr'(;..;:;~.;.J ~',cl ]it~r Attcrne~l" ~I('~...ra.rcl Fo11ocl: 8.1-;,-: prC3en~. Itor:~ '.~A cE'ld -2J - ==irn1.~e.j - Clrn:-;.. .Ja~k?r ~-lu:,....ed t~.Lat -t::le :]ity Attcr~1f2J hod 3T';ol,-er1 ~1i(~ {'ir--'G -,....,:"'1-.,' li'l~.3 tOD oE FaC.'p /,) rat:'''i(~T~ -:13~: :";-i1-V ~ ~~-;a',,'i:~Y' . '1 . ~~. ,-,,~ ~..'- ...._'~ --.....~: '. -...... ~ , 0...... -r'- _ ~,~ "'- .~~ ..,.:_L 7--',) < ~'-'-~~ 0........l. an'). -Ct:J....:) D,~rGcl. Fa-,;e ;E', Itern 43 to J.'i:~le~c dv.pllcav8 "nav~:_n-.:;" a,:sreeJ, GJruCtg '1in.c(Jnt referred tc Pace .:;-~, fir3',~ liara, a.nd ad\tiJ8U i:, l:TCl.:3 ilC>~ cJ.Qar i:l h.:.":; r:'..L~!.d t1;,'J.t:. t~..!:; I<ana~jer l1ad IJC811 in'3truc :~(;d -'JC ..:;'cnJ G }c..t,- ,.~-ro 1.C -t-hr ~c)l'\.J...pr'-I'OeY' 7 "c "",") :"'el-:'--l'I'l" e'--.'.'['-.,r'..-;'-N ;::;:ar",-QY';- D~j1-"'" r-i),,:~-I l....~ L,-,_ ..J) ,v,!.';' ,J ':""1"" v.....-... ... " .~', "", ~_l ",:,..1..... ...J _J..... \... 0.J..:lU ....~ .!_t.l~'::-....L..J :""'ld, \.J..lr_I.U 111':"; :Jhcu~;iJt llr:; {iati c:'~prc..~3(~d hi,:; cli.-3approva~_ cl!~lliJ lJ:cojCC::'. i,~~'r. ;~t()cL- ton a:~reed :18 did nc t:. believc; i L --";0..3 t.,~lt.~ in"'':''c.nl:, C1 '~~lC Cou_~'lcil '':'0 en- d(I:'..JeL~-18 prcJcc; to. '2h;::: I..Clna';l:::r advi~)ed that L~ ~laj r;ii.Jt~rider~"000r-": 1~i3 2.ES t!'uc (\ "13 c.nd \';Guld c (\rrec t lohis. ~lnm. ',' i:1c e~1 t - I ;,reu}"J wove rer l~,lle aDpr()~I':?Ll eif t,~'lC ~Linut(-':J cf AU'-__~U0t 2~J and.2'-- lC .J: a'3 ccrrectou. :Seconded b~l Glrl'~:l. ~lal~cer. All in f.~.J0r.__ It:;m " FGopJe pres(~nt - tllerc was ~o !'eques-~ tOb8 heard b~r t~8 Counc~ I It RI,i-, 4ft T.)(:::,("p'i~'n r,'r<n'.~ 7"--'r' :"-''''>r'''/}''1Cl- \r.,~r an...l r-'oc:->'j-al'ra'1-j-- -("or' ""OfT"rd' - - - .n. - .:........-,-" ,,,,_'.I..:.. 1 _L~11 J _',-, ~l:c..:l ~..1 '-' hC;.~ .. 'J. ,....,..;) ,_' .A ":.L 'J.l. ...)......;"0, j""'Y'll'-'''C I-nr> _ r-r'hr::, ..ll"-.'C1'C'r"-iGl" r,-'----' "l''-r'~(-i- '~C P''''''-''e " p ,~ (e) ..,,,__ ....,. \ .._CA...l. .....;..J.-:.~, ~l,-". ....J1'...... \.........:) _A..0>JJ.. JI \.J.L .11. ~0U,.) __ ~'J/' u,',,;; '+_L -J.r..::A. .J .Jo.~,- 0\[1.(:;1/1" eel in cO~lncctic~ 'f:fit'~l Jevelor:.L:nc t_~~e CG~-:.-!~r2C-":' beti:re::)D the:; City alid 3e\re.rd ::ariI1g, 3.ng t211J i !~~n enJ-ar:j\'d tQ include c11iJ. . Jacl:30n (1~~ 3r",r"rn -iaY':r;1>;;:J..~"flar,Q\J.r~~8'~tr~~;F.r:?mup\-\~~)lt' n~a"t v"'re p"'e'"'''' 3.'d '':'e (' ~.~::G. ~___.l.-;-' ~, , :rv,.;'J.'_, ~~')~_' n ~:. ~-.Jl ~1"~~"r: :, (-':~:~1C;'-_:-'~~i'_1: ..J~_ IJ'-""nc r-,~ ::-~~.,,-~~",-'.~,,:( _)\l~",;' lL..>cu"'J"'c" jc;v_1Lp",,,, l"l~ c.C",c,Cdl.,~ lDJv_ "C'olCUJ vC ___,_ ,,~t_ nvvC'lHE-j t'lrG1J..~:~il a:;r':~eme~t b:)l:~:-rer~n '>c'~le ':;ounc_Ll 2:~.'j l'-~.c. Jac,~::sun: ,l-3_l).;.l .c8,";G,.rd tC' tll,e a.udit: tc be pro~/iJcd, 1J~T Se":I"2::,d 1,arinJ., 011:J.t.... it. ~;"Vcpld 'rJ8 ba:Jcd O~ a calcnd~r year. The ~it~T Attorney called att2~~iontc~ the J.llllita- tion i.~C )5,000 iJc: be. .~fen0 on i.J1a!lJ and 3r2C=,pfi.ca1,~ions uYl.der the Letter of Intent, under3tood t:'li3 doCUr:;e:;:lt l/'[a'3 to permil~' tin::) TOT c,b,,;c.(,'1~.ticIl ~~lile thE) J_imita~iQrl ~a3 in effec~ and bolievei no~ tir:e tc' corlsiler a DermSlY'8ni- 'i "r"{]n,....nt ~h'" ,''lit''r \ttOY'no'-T no-"ed al ~c 4_'_. ":" ! l--}- 'i --. 3. v~r. _~ _ '.~~'_J. - '~. ,~_.J ,-,,_,_~jJ..':~"'. _~~......... -.J nJ,.I. ~. ~~''";''j ~--'., V . '-;. v.;..:.c.....u v.......) ( .L-:- qUJ_r<SL1C-!nt U~10r l,~'"l~,] CC:'llJract lC1Y' e I,;lt,~r GO IJrO~jlc.t2 a 1e;3.1 rJescrJ.:J- 11.0. _.' . . ., 1- r'l' ,''1 ." . - - ~ - ::l'" " " . " ..I. on anCl ~t ~)J,.a,~. ";':le -,,:_t:: ;.,~ana;':er Q'-VJ_JeCl ::'na.G t.;.lC ~lty na:'l .3<::.curccl ~~:::.' ~:'~ :.-::n , o:~ _~ ~~,;l e -i- _:?hc.1,8 . ~~,e~ dO';I~l _~h ere 2c3 ?_ 2-:"elop.?:l b J t.::~ CO~'p,3 c e .1..:H2i~1'l1eer~ ~~':J...I..Jl,l v.~le tnoLe::,l! '", 2:..J whe :J.rea oe~Ll10 p..L&c2d Ul1uer t...L1e cun-c.rcl O..L. JeiJarG. l".:.arlna r;ould bE;t.aken (\ff from GL1058 plans Jut t~i.2,t ;-le did no ~~ !l01,}" (..'eJ iev8 thi..; caulJ be done ~,,:i i.::.i 3ufficienG accur2,C1T 00 tie c1o.~'rn this contra,~ t; and therefore recommendhl; 3. 3ur,re:'or 08 hired to plat and stal:c the area going under this a2;reement. 44 .' '::~:~ --~ ~..:~-~ ". ..,~ - -. r'\ /.-" .', __/:1; :^(~~)...'..~_r:-.r ~_er:;J,-._'- i-: r. Stockton a3ked i~' t~,er'c"~'; ',,; v ,l,',.~ ~'o.,clu~j,v(; from the meeting 0.'.' the harbor U:3ers and Se"\,k,r j I.>Yi::a.. "';~ I "'r:'l-..:r)rC ?ri3 ed . ~ha t people a:ce unhappy becau3e tllere,,; ,'e", 'lee,u,>' 3:::~_2" ld th(~ ;~arbor lor every- oue limd unhappy about 3tMal~j }::,,1'ln2'.3 IlJl'~c;:':" [)')l~ b .lieved there ':la:3 n(:thing i,Jasically pertinonc, te> vl,;:; ,:::c>> m::ilI .0 iUJie3 r.r whidl would affect this document as SUCll '.rIliell ie iolope:l t,herefl'.:.rl - that he did lJf)lieve it ivol).ld be well 00 revic:i8] 11'lr';)c'X' orjinau~'(; ina fe',:; ways ad previously discusserL ,~lmn. 6,;mtraire a3,:81 ho'tl'~de A'rmy rented G1leir 31ip3 la3t year and ~:le I,lana3cr .d ri.Jc'l ho [)ol Lwred it. was on the six-!Lon-c,h basis. Clmn. ZentJlire advi3oj'lis ootniun ('.11at. 'the Council should be concerned with protectin.; tIle Army's Rec~eQticn program here, ic,hac, so loni'; as they have their :noOl"a;:;e there i:J no pr'oblem, but that if somenone el:;Je come'3 in \'lho will ~uarantee year-round occupancy and 'Set priority over the Army, th~t he could see a problem, and would not want to see thes.e pepple unhappy. Er. Jackson advised that he h;;d '(J~rfi an appointment to discuss this with Sit. ;,Iajors and while he understood they had no budget fort,his expen3e on an annual basis this ?ear, that possibly next year there would be, o,nrl advi"ed that they too were anxiouc to keep these people io. the harbor and not. going to do anything to make t,lem unhappy. Er. ArnunO-sen said he had discussed tIlis.problem with sev- eral of their people and there appeared various w~ys it. ,could be handlec to the satisfaction of the Army and Airfo:t;'ce Recreation pro:;rarns, notinf that they are plannin; even ~ore boats for future years. T[le City Attorney reques t.ed attention to the paragraph re6ardin;; the 3almon Derby since it relates to only one year and especially with re- :.:;ard. to :the .concessions. Icqr. 3toc;{ton advised hi3 recollec tion that \;118 Jalr.,on Derby Concessiorl3 vwre enabled to continue as before,' but kr. Jaci':30n rovie-,led this only for thi3 past Derby, t.hat in futureSevvard Earina would want the concession:;; as this ':ras part of the biddin.;. Clmn. KiI~patrick recalled that his understanding agreed with ~r. Jack- son, but al::?o that we 3almon Derby if it vlished would have. every riGht GO operate out side the harbor area, but t1"at Se',vard Marina ..should have 'EX--vne r-ight ,t-opu--t-out. tl'le- conce-&siGns- "bG wh-omev-er-they wished. IIyr. Stockton asked the Attorn8Y if there Viere any other details need- inG clarification. rIe advi::;ed that he thOUGht a determination should be made as to 1tlhat the contract year was, t.hat if the terms of the let- tor of intent v:;ere not '/'lorking that he would not kno\v about that. The Manager said he thought it was clearly understood that the ~ontract yeal be~an ':lith the date of the letter of intent effective date and Eyr. Stockton and Glmn. Vincent advised this their understanding. Mr. Jack- son said this was not his understanding at all, that the Letter of Intent has held up his spending of money and that without the contract being signed, and tho prospect of it being signed in the Vlinter, that they are being kille:1, that the :;;5,000 VIas authorized for plans and specifications which are ready or about ready, but thought he would have been very foolish to spend a lot. of money without a contract as he would have had to do to meet. the terms of the Letter of Intent with the r.lid-May effective date. The City Attorney said he thought the reason for the Letter was to hurry the building work and get it moving. The Manager said that this was definitely his understanding and that this had been discussed at the meeting between the attorneys and himself and had been discussed with Mr. Jac]{son several times in his office that this work set forth in the Letter of Intent had to be done in May of 1964. Mr. Jackson said that he believed tae Letter pro- hibited them from spending any money beyond the ~5,OOO for plans and 3pecs. Various Councilmen and the IvIanager disagreed with this ophion; however Mr.Jackson pursued his line of thinking that it would be fool- ish for him to spend a lot of money and perhaps not get anything from it. The City Attorney said that the Letter of Intent would not pro- hibit them from spending money but would only keep them from recover- in::; more than the :.ji5,000 for plans and specs. Clmn. i{alker said it was her understandin:; 1<rhen the Council 'tla3 pu::;hed to consider the Letter of Intent, that they '3hould do this so Seward Marina could start drm'lins up the plans for the marine ways, which plans were to be submitted to the Council, and they would then be ready to start "fOrk Su" and not be ~ld JlP-_:(ort;-,the .contract preparation, though even so, she "t;II'Hi~ t'h'J wa~"~rTI't.'rre~ that the contract Iva::; so slow in getting to the Council. She noted that the planB and specifications had not yet been submitted to the Council; and al:;;o that at the time the Letter of Intent was under discussion it had bean asked how binding it was and the Council had been informed that it was very binding so that she did not understand Mr. Jackson on this point. ~r. Jackson said the reason we have a Letter of Intent is because of thE City requirements that the Agreement has to be read a certain number of times and this was taking too much time. ~,. Z ,-. .- ~ :-1 J 45 J.'.'.lyr. .3tcS>.to";. ad.-i~-38il ~:,h::t h,; uc1~~e/crl ..,':]..3 ~ of 1:':J_: ~oullcil in a~rcc:l:ent \.Jit.:l Clrnn. .lalke2:' on tJl.i 1'.~~~~1~. }.'=~:-'. lJ:3.c~c.)cn :l"~:',~~r:;d her ~3tat.e.r,~e:1.t '.;C~0 correct, but not,r;d a~:_l ~: cy (:cu.l,.~ ~liJ'.re 'lcn~; 1,^JCl..3 JC :..::et out t_1C old ~.\rOY3 ~e~u~_ar -.-ec~~c~ :cp;~eI~j!~~ ~ - 1,- ) ) , - - ~ ..- I The Git",r Attornc,r a3'~cd ~r'~O-'d ~_OD'; e3~i:--:i3.:=.eJ :or cC'llstrucLioYl and I=r. Tac:,---'c'r"""' '-"".)~d ;:"00"'7- l""'(l'U""'" --"o'Y1'-l"-" 1J-' t- ID ul'l n,"!- DO' , 'l'-' ccnc'i....e-t-.n -r'C)~,r ,qnd U( ~'J.1 ::J~_L '-". '~V _.' J.. ,.. ..._'-"_1....,) l ~""V' ..1 \.' ,.I J.' /v.~ ~"'... -...,-.. ....\. VI, CA_ further thG.t T,:ay a1:ru.:~ as e2..::.--'~_y a.-; on,~ coul:i b~ ~urE~ ~~)c be able to de sa :]l:lin. ~Cirl-:D,:l':,r~ic~: sa-Lei hs r'~callcd a sta.ter1cnt ';\~~lCrl: ~'~r. Jack.:)on ha.d 3.dvi3ed he" coull nro "r033 do\'rn ht;re Quite ",'Jell duri11',:~ the ~:linLer be- .I. .-l ,~ ~-' CQUSI::; or i::.:18 miJrJ vleatl~er, aEu 2J30 tl:~-:t h,; ~;l(\ulj be tied up i~l ~'.Jhe !1.Dr.;hor3.;c area durin~ the COl1Jtrnctiun :JeaJc~'1 jL.~JL c103in:;. ~.=r.JaclcJon sail ::'~is ~duS a~3o~_u'>:~1y CGr:'ect. The i'.=ana~er 2,J-Ji,jed tllat he thout:ht t:1'3 vIhc1e p'Jrp038 of 1)li,,; :':etter of I:lt2l1t \~l2.3 to enabl'2 Se1;13.rd }.-'~arina to ~et a n:arine ~..'la'/ ready for opc~ro.tiun be:ore LC..~t I.=3Y and that the operat.ion of it D8Z,t sprin~~ \'la:3 a11/1aY3 t~1e plan, tLa t he jU0 ~ did ~'lO 'v under3ta.:'l.d this chan.~erJ apprc'B.ch. },:r. Jackson 2_3reed t11at it ~.J2.3 hi:3 idea to have thG ;:;aY3 i~'1 operaticn durin; -:'~le ~:lin.ter to ta~~8 C 3.re of t~,le .fishinr~ boats D8fore -:~llC fi3hin..::; season 3tarts, but tl12_t the con~ tract is not ready and he could. not pro~eeJ because of thi3. 81.mn. \li~1cent called attention te, the fact that the i~~OULCiJ, still huG no~ seen the plan3 and specification3 and wondered if they were ready. III'. Jackson said they '~iere almost rea:!y - not quite. :,:arm. Vincent advised he could see no reason why ;':1'. Jc,C:~3on did not or could ;"-C~J ~2ve ~one ahead and ~ott8n the area ready as the old ways definitely [lad to come au;:,. Tlle l:anQger advised t.he City Attorney that the Gourlcil HL,hed thi3 contract to be non-assignable, and that he believed the Council miGht "',rJi3h to retain povier to adr:li~-i~_~Jter t:18 L-~ar~JOl" or S2c:r a rort.ion (~C: ~~~lC Laruor, al:3o th2t th'~~ CO'J.n:.::il tli~ht \,^Jant tc retain 0~lf__~ ['i~ht -:,C change i~3 ordicance:J. I'-/~:". Jac>::3on said thE~t this :'ii~;l~it. llurt t~ler:l i::1 s cue '~".r2~~T.j bu G t.::a: ;-18 als G b clieved 't~lle (~ounc iJ Fe eded i.JO rl3 tai~l tills arId l'inJ nu Lbjecti0n. I l"_yr. Stcckton I~Ot8d that t:18 anni ver:~)ar~/ date ~~"la3t:.he b:L~ problcrrl unresol ~-cd (l;lrJ ~\'Jon'lsr8d "d'hat. t:18 GCU~-lC il r..3 C_10U,.jIll,3 Vlere vri G~il ['s~ard to a cGLpror:,~isc. .':;ll1:r~. E:Lrkpatric~,: ;::iai U }'le thol).~h~v t}~c prolJleE~ T/12.J tile fcr,fciture clau.3c and t~l,3.t I)rubably ~)oth sides vlould 'danL ;30Ll'2 ~i~II'(; ani ta::e,Cll1d he for onc: v-rillin; to coc~pronii3e, that pO~).3ibl~:- t:ii3 :J~L1ould lJC lsri;:,ten into tl"le ccnc.racL. The Attorney advised t:'lat cur.~ ann:' 'icr32.r~T Ja'~,c.3 irl ~::'~~E~ (~C:ltrac':~ sllc1uld be clc~ar and t.hat if in t1-1"e l'U.:-,11Y> .:~ I---} I (-_"....p (':'::'1' r,) '-=' (~....,.. () l' ,J..... ,,, e'r" \.['.' iT ~--;,'" a' ""t n Q ',.['''re i'C' i) p c;-' t~ r~ n ,..:1 ~l':i _ vl..i. ,J .Jl..l-'~'" __ __'-"' .._ 0......l;1.'-~ ,-,,_,-.J ~ . i~.; '..1_ "-' Ct vo...J . '-' v'' '-' ~'-u'-".___.!...,., t~:~o.t this be le:'t fer t~hat tiL18 anll ~10L, liU'':, i!l t.i'18 ccnl.ract. l',~yr 3toc',:t.cn as~':ecl if it '.-!Cl8 t,11uuGl-~t, t~le ad~i~ini,3 :.C'aLul' .jhou~j be: ~01i in the con",ract '/That to do in ca38 L'le deadliLes nct L1ct. The Attorne.' read t~1e ve:.rf stric:~ ~.'fording of the Let t.er c,r Intent and rcccr[lr~:cnd(;d simiJ ar 'v{ordin~ for -~L.e con~ract. The l',-a!la~er advised tllat r1c i3 required oy crdine.ncc; tc ~Jrin.:S any CC1:1tract d(::fG,ult tc' tile Gountil and thcu~::1"~j this coverei ~~L. At,torrLc,:r .J.~reed. CIL1l1. lcntmire asl':ed if 3rj;.'J&rd i'.:ari~'la ';JC3.S plannin~ fu::-t.ller r:H~eti-rl:.~.3 Hitl: tllP. boat ovmers uld i,ir. Jackson advised of their plans ,e'er .:iuch "-'. . b' 'd ' " ., nlCCi-,lr1,s lD a out tnree ~dee.:.<:'3 an 'c~1e l'_d::1Cl:er 3us;e3-ced p035Loly a rncet- in.:.: ne~~t surrrrner fer the 3port3D'len, but tha-::, ti1c '<-l::1fini3~1ed OU..;iilC;;J3 revolved arou:1d .l~:~l(! dutic3 01.' t.L1C l1arbcrrna3t~er, vlhich is 8.dnli~_1i3tra- tive a:ld su~gestecl t~li3 be left, tu SevJ8rd ~=C1rirl& ;~C ':dorL out" noti11g t. h8 ',,"Iould at"Lerrd chess ::1ee'tings and ~,:ecp the Courlcil i;'Lf'orrd:3d. I T:1CJ 1=~Tr. returned to t[':.(; CC!l :-,r2.C t year proolcrn a~ld Q,:i~ced f..y{~tu 'near l,=r. JacksUli',j idea. i,...Y'. Jac~.=Jon said he ~lad 103t 30Ele tiDle clue ::'0 thi3 mi3Under~.3tandin~, th3t }18 T/!oul:l lil~e t.o ~3ee the ~d3.y::, in c\rc'2 " ' t' . - "~ I' / I' " , "'" 8ar.!..J~er nan l:..C1Y ..L), ~ -)'t-J O'J.t llCUJ...U ":"'}..',~e tu :3ee a daLe VJll>,2re tl-1CY could be .3urc cf 1!~8etin6 it. Ti:e i<2.naGer advi3ed i~~ i..i irripcrative net to have con3tructicll in tne harbor jn Au~ust and ;",1'. J2c':3on acl- "tli3ed he iJ tft1-/1i/i>6/ p12Jll1i~lG to a~;_c ~<r. n.eill~r for aCC8S:J. I.~"~'. SBoc:::con .jlJ.G.3C3t:;j., J131y 1 ~ ::r. TJaCl.:00n :Jai.d no ~el.i8ved he could -3ct done oy AU:~'.13t 1, J_~.J}r. :';lrJn. iJalker :jU6_~u.Jtcd lea\~in~ t;.lC~ da.~e ~lrh(;rc ~.~:., i,~3 ~_nl 'J'-.-' 1c;:, l':r. ~alC3cn ta1<:e it, UF 'with the Council ac LilrJ.t tirre _"c> j," l~ f'O+ p"'''''d' 'Y' J'c'- - '.,', ' c', +-.' n.'" "t ' ,.Ll. ........ _oJ 1 '".> -,-.....::u /. i_...... d >--JOll aUvl8CO. '".>i:alJ t,i.~e \..JuunC.l..L Jil_L:;.:.l - Cllc~'1'l~e and it r:li6~1t ~st difficult to --.:ot cl":an~es ~i'lade. Cl:JD. ~c::t,r:irc ,'1d"Ji.3- ?-)d h0 '.,r0t11d pro,---'pr foIl lP3.~J(; i-hp d"--)j:::. :::l':' ;t lO'''. I"'''nl~''' f-l.'r'rr~+-r'ic" ...... '-".... "-, -'-. .~ V _ ..L.- __', ___ v_ -' c;;. .J '__ '~.,:)..1.. 0, J..Ll,~.:.l. .. \. _ -'-...... .I._I d. v _ ,'~ ai'reed 8sp{'('ia1l'T ';ince r(:l\fC>P1l;:>'-'; '1~),"'--'n 1r~n,--':""errcd a-' of' ~~a~T 1(' lC"',~ r_'..J ,:,\,.' ......,'-' ~'----o.I >-.) -~ -- .--...-,-,--,----..;) '---~....... ~, c~~ J.... _ ,-...) '.... ~.J. ~ __.J,..1-/ J_~. rne ~"~a~Tcr R3i~8j and 'ere Tdere DC; otner \-181:[8. ..'...r. JaC:=3cn 3ai'i 118 !~-id 'V'1"""-;- 1,"Y1("",,[ .;:-' ~,::. ""'0 '1,1 >-'''-'~'1. .t~ -' , d"j~, :~'~..--.,l-.. '. 1_ ....'~- -'-"-~.,-, .., ,. -., '-'1,:- d~ -' ,................ .......L ~.l:~ -,vl..;. \.1, j.~,:"r,-, -.J lll~.) l-:I-,c, '"d.:.c.\,'-.J l}-e ~_ll~v'" ...r .:.2....; 'J(:~rlC.l.l.., '~.t!at It, "(;J~J posslol,:.: to bU~Lld it. by ~".iay 15, l~-,)-)4 OU"C t,_:lo.t it. could be very e='~pcnsive aDd -":,h~y C01J_lcl 1038 every penny of it. liyr. 3tock- ton ad'.Jised tnat it had been lLl...S experience in Sevlard tllat v-inoever ~J:it. 46 ....~e~;u~_ar ee-'J=_n: ,.: Cl':)~~C1(j C~Y' , . __ l, "'-Pj Z on the Council '/las_mdcrst~:~ldln,; of ::;;J,,:i; :)l",.b~_:;ms 'i..lei. believed that so long as theY'.'Tere m",;:in~; an [!Onesl:. :.rld ::; Llc:;re e1'/":;:'1; to complete t[le ways that the City '.!a3 also in~eres i,0d ::.n. 113.'1:"":'6 t~l'--ec.;e \'lays completed and believed the Co,lnci~c wOc',ld coopc:r.oL8 'diGit :,li'n. .-. t-r: l.:r. Pendergrast, Arc:hitect, ad'!:..sed t".::lt on:: r:~as()n the plans are de- layed is that they now have a systen 'I'lhere t;hey can handle three boats o.t one time; that tlley turn8d do\,m. the fi1'3t proposal which could handle only one boat at a time as Kr. Jac~30n said it had to handle three at a time; that the~T [lad rece:l,ved t:1e j(j~ in late July and turned it; to their engineer at that time and he had orily recently come up with the decision that it could be done to handle three boats at a t;ime. The 'tTays porbon of the COlltrac I:; '..Jas discussed ','lith no cilanges from the Letter of Intent. r.:yr. Stockton advised that he hat;ed to repeat himself but reco::;niz- inG the lack of agreement on tile matter of date of contract, asain expressed hj,s opinion t.hat anyonc on the Council I'TOuld VTant to meet 3eward I.jarina half-'tIaY in getting this contract working. Hr. Jadl- son e::pressed his belief that che people on t;he Counc il 1!{ere fair , that he would like a later date, but if he could not get it, would accept the Eay 15, 19'')4 date and do the be:3t he could. Glrnn. ',lalker asked about the removal of the old ways and the City participation, if this needed to be set forth more clearly. The Kan- a!jer advised there is a disasreement on what this means, t;hat the City assistance all depends on Ivhen I,ll'. Jac:kson wants to do this wor;", that if it were in the winceI' and the City had time with the regular crev,T and regular equipment, that he planned to give Seward r;arina all ::he help he could, but that if they were to corne to the Oi ty for help while the crews are busy with the regular work or planned construc- tion "'Tork, that he just could not do this. T.lr. Jackson said he i:hought this was reasonable but would lil"e to know 'Nhen che best times for City assistance would be and the Eanager advised he '."muld need to sit down and schedule it with the Street Department Foreman. City Attorney advised he could aJ:lend this paragraph from the point.s made. Clmn.',valleer referred to the provision for automatic inclusion of -, any lands secured by the City in future for small boat; harbor pur- poses and sugGested t;1is be changed to a l:mayl1 wording. The Attorney reviewed che paragraph notin~ it referred only to land for a small boat harbor facility and that if tilis carne out the contractor could not; kno'i{ where he stood. Er. Jac1(son that he believed Seward I'1arina would be out in the cold if this were changed as t.hey were planning the 1,'Tays and the re3taurant and other facilitie3 on i;[le basis of the ne\"J harbor and if they did not havo the operation of that harbor, ~heir facilities would have no value. Glmn. i~lker advised she re- alized a~ut the second harbor anticipated, but that the City may get a c;reat deal of land dovm there and asked if it niGht not then work ou~ that Seward ~arina VTould have claim to the large portion and noted that it mi,;ht become very dif ficul t to define what cons ti tutes 8 small boat harbor facility, t:1at it might include a third small boat harbor facility and ','1ondered if the City really -\{ar,ted to auto- ruat;ically turn over a third harbor or say even the vrilole of the head of the Bay if such SilOUld te secured. The Cit~T Attorney discussed this and advised the re-capture clause L1.cluded for t;lis purpose. Clmn. Sal~er advised she not like this pro~ision and thou~ht the City should protect itself at least by words providin3 for review of the contract. Er. Jackson advised it was their unders~andin~ that as many small boat harbors as the GitJ ovmed would be placed under ehis c:",:;reement. He asked if t;le State had approved this type a:.;reement and the Manager advised it had. Glmn. lentmire advised this his under- standinG' The City Attorney returned to the contract date noting th2-t the lee- teI' of indemnity attached to the Letter of Intent was si~ned June 5, 1963 and thought if it were::.he wish of the Council that chis E:ig11t sive sarno relief in this item. Clmn. lentmire not;ed hi3 opin- ion that so far as the date concerned that if Se'tTard l.;arina has made a concerted effort to put; the ways in, that he vrould get an exten- sion of time he felt sure, but; t:1at if he hasn't, probabl~' net;, 30 that it, all depends on Se':Taru :.larina. Council returnel to t:;'1e aut.onatic land inclu3ion. Glmr;. .lal::er sal::1 she could see the point3 bein~ rLade but i:\ 'WI' opinion'~f,c City leave:.; itself open ':Then it autoliwt:Lcally a!:';rees to any'~hil1~ '.'.,;le:1 it can't pos3ibly sce t318 future. It ':.'0.,3 revievled t'lat Seward l'larina 'dD.S nut interested vlithout the secon.d 3i!lall bCJat harbor and Glrl".n. I I I :;",' ~'J..=-9.r ~'_':"~'-~~~)~~_ -l~ :;cptcr::-Jer } _), , '_); 47 ~al' ,,110' '~c,". l"l dl"~ 'r"rY"~"l' "'1 ~ ~e('YOcl ~","ll i)~.," l~rr'l)O'^ bp~"" ~ 'u ......-_ lJ.!I..... L, J,d.~ ..:.......;.l'~l '..' ~.JJ,. ,::t V :UJL ":;.HU_~ '~~'~v ~_c. 1, ........Le1,"), lDcluded, but. tilCU;;l:.ttU Jay :;.11 O..lller l::Uld acqu~.3l.~,1_('n>3 was T::'CO l~~LCll. '~j.~:.r Attorney 2.dvisc:l t:i2t h(~ 7~:~OUL:~~lt~ '':'':8 ~\,.rcrd.:i ~/.rGr'c: clear, ;':'L12\:, ~h" 0'....-~6,.,.t~;on !~c' +'., .....,\1+.-)'''~<''''l+-;0 l'a"V'a~- .-.,.-(1.1-11,-.... +l"n ,1-~',CU: -''';0'] P1- +-~ .-, Vi '':'''- ()JCC.I-"- '.," V I vl_L_~ r_LH'.Jl.~i1CtlJ"""',- ..:~..L G, :=:".1~ lh Q.v U ~,~ '.........J, cw.)J... ~,. ;,,-<.V l,J,cl...- t.~El.e O.L nr'er'8X'3.ti(_',!l "f:T0.S tc: '.J :J(3cond harbor, not D t~~lrd cr fcur:,:: '-I ~ .,.....'0 Or~ ... Tf!-r: J ~" r, ~ ~ C::' 0'" nl": n t- ""'l d 011 t- i- ~., -::... 11 C "TC'U' rJ '11-'.j... 1rI~': .~., .t-_ t 0 ~~ e (' "'l. ".J('; "-c.";" _.. .L ,_. ~J.L:_', w 1, 1:-"; _ V<.:; U.'J -,.,,'_,,- -.I.. " _..,..... v . '""'~_ v J ..l. ....- '-' ._ 'CI -T":-' .,- r-<'-""Jll C..,..,,......c,..;.-1 h"",'~hOY' 1 ""::ljr'(1 :.....,..,ve ;.-1"e. '~l. -+ r "~'O l" <,.'_'_(' ,......CJ-"re.l--i t---iC')" .::;t 'v '-:..r./ ~.J_j,-c.c...i _,_ ,.Jl....l-, '11~ J.l<...<.J.. v _'-- 2..;', ,let ",,'1 'oJ \.;./ ---...l I _.. .J,-' ....... . ;,_.J ',-.I-'-,-'-L ~.l. ~\^li't:,~'l him "',.tiLll a lar'::e tLird jl2.rOOr, 3.nJ t:'!.l:1'8fcY'c; ~:Ji311ed~(} 188.-/8 i~u as it i:.:;, and tho I':~anar:oI" cl.aoorat..cl that i0 ~lQd beort t~~c cone erG of :'_1'. J?!.c1c3on1s attoY'1:.c"T tha'::- t~)e Cil.:,"r cou.ld ~~o in'-,(J f:,~18 ~3.rbor bU:-"Jinc.:..i3 .. oJ ___ _/..t.- .. '~,'. -1--, -<-_1. d I-y,:; ..r_, ~l- ,r ....::>.~ "Y'/1 1',"'~r.i,r~...... ~11J. .....1,.., ~'3+ 1,,:::. "l':"1Tr"'ld ';-C ~a,...J a .Le,.)..) '.1C vile. (~'-'~ .....r1'....Yll) O...L .::;e.,rJa..i..U ~'..c... ..L~;..C:, ...; ,\.1 c..1...l......JU v..L','v ;......." 1 '--".~C. v ();'~ se8 an. :;thil".-= "au1~c;:r.atisl; in a cont:":lc';. Clmn. dscl:'~'~r 3uC:;L:es~eJ ~,:1",1; "'"~hi3 ','J(\uld be 8J.SY t.o corrrjct, ..j...~.~....~ ~i.-.r 'r~l1l -1 l-i'7 ,,-,~, ''', l]"") t-'~I--:;t ~~ tr.lc 8it..:. diJ llot I.C t~i L trJ.~ .'. i;~-':. ~~O tui~i ~nct~~~r ~-~:J.rbcr lc '2r,~,=~,,-:;-I-i- .1...100. " 5 ~rJ 1',.- ........ ], r J"Cl_-'0~ cblec~ p~ cn .j...'-'f-) -.',.....01J.Y"'~'~ +-,,~')t ~/V.L?_1 v'.'; ,",1 1:',,[U ~ 1 ~.r ,_r:J _ ~. v.. ,C) H" v .." v\). ,u ',Lv~" u",,-, ~"..c.., ~~ 't!lJ.,S h<.:;d. been.preV?o..,u:'.'lY,~C';reed to. ~;~', Poll?C;..: 3u~;;e,J.'ted varJ~~.'':1? Il'\ _",_,C' 0'" 1.-.~.-,..11l"'''' j- ," -rOr"l"~ r'lr"n . lr~r";~r'ICY _""l ~"~'JGu]'l ,'p '\ .;~aJ'J 1. ~lctlh.A.. __l..~ v~c'....; :'. u cl~. J. iH . .il.. :'-l:~c~, '0-.1____ _. .... .:>,............~ .1'-:': " " __' __.c, ~ 7~C ::c~e & .J.c:')crj..f.,ticr: of Vlh'1-'~ cl.lls-7:,ituti3s a SY.,3.11 bC:c.t :Jfi.rbor. T:~c 3tG- cr,"'c.~r .t-~"C"l,.l_-I' +-1--,-;... ,...... '111'1 ')~ 'lr"'D -'--',r'110"11 ; -:- J"n-" ,.',_1- l !""}~(1 "'0 ""UY""}l"-'~~ .~, -i..., .... _):;;.:~;; ~),l ...A.-.J.._i.... .,J.....L..J ',--,li~~...'..,- t; '. ,-,..,'V '...J" VV_~., ...... v- ....Lo J...1 _L,-,C_., _, .J.....!. ~'-1- '....._ ,,_.......) , "'1-'~'Y'-,.J.,.r:lY'';;~ '--; h ,'-- . Tr\',"'1 +V":r rr . (-Y''''~ T11:c.~Cl +-'TC' n('-l>....,~,.... "lrnr1 :-~_,...lr_ ......1.:..:.=.t1jJ....:::>I-.I:......J.ll...l...L!1..J:>, ...."-Ur.,.1 l.',......\._,.1..... -.I.J..,J v0 \"J ........... wl ed\..... 'VI',' J.'.'_.n_l_C.J"J. .J........J.:L,. U.._..,J. . :;~~ric\ ::;'~1""e~3teci d.cl--'init,t?l'T deJotin"'~ ':]uch tj,li?1,~::) a~3 fis~~ reJuct.:i en J. 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Jac;.:son if tile plal1s for the :narine ways and reSGauriJ.nt were ready and hr. Jac:cs0n advL3ed he needed ::'0 have a JllOre definite desij1ation of ':ihere t.18 vlays were ~oin9 t;u be and t:.ha.t; the plans vIere almost. ready, n001qui"ve.l'ne l,.ana,;er I advised t:.nat he had pointed out to ~he incjwnere the ways were GO ~o j~fl acccrdance wi-ch tile release secured .['rOll, Seward FisCl _; Cold J"GcraGc, bu~ ;.,r. Jac,':son vias unclear in relaGion t;o Gile ouilc.il1_; and GIre sea-,val so it was arrano;ed by tile Lana;;er ~clal~ ,1e, Lr. Jac~son and Lr. i(eilly, 1tiho was present alx1 a:c;reed, to loa;: a~ clie properey as a ;roup arld es t;a'Jlish a;;aiil Lle e;:aCG lines. ~'"~r. Pe[.l.dert;rast tl1en ::;heLclled L.(le OUC...Llfl8 of t118 proposed rcsi.:,auranG, 50' ;: >)'1 wit:,h exten3ion alorLj one side le}' ;: !-Ji, on tile blackboard and described it as a full s':Jo-scory bu:~lclinc; ~.vitll proraanade, consc- ruc'Ged of wood andc!;lass, vlith office space a.ld livin,':; quart;ers .(01' Lie harbormas t;er on ci:c second i'loor, a:td chaG 'cilis buildil'l,; viOuld noe U3e anf of t:1e presenv vJor..cin_; dcc.:'~ space. .i.,=r. Pendel';ras.c 3a:Ld ':,hese plans '.10uld be read] ,['or t;no Council ne;ct; weeL or nex;:, meeeln~. l:,x. Pender-.:;rast said t.he wafS plans were ready now and if1 re3pOl13e to ques cion as to type 01' ways, dE)scribed a splL" way or' uG I H1 eaCll portion which could tecimicallyl1anclle lour ooa\:.soetween C118 two parts Item 4B - Receive tabulation of oi(3 for construc-cion of Fire Sta'Gion _ Tne Lanager reported tha;:, there were four bids recei~Gd av ):00 p.m., Sept;ember 1::', l';'i,):5 ami i;ney were all properly received, and properly opened in publicoy dim, 0abulat;ed 'oy Gf1e Cit;y Cler.,; ana \'Ji'-:.l1 hr.Lane ooser;in;. ALL bidders present; e~:cepG ;.;r. Cor/i. For \:.11e benel'ic of Vle audience and Council, 'Gile ;--,anas8I' clefined t;'le basic bid, Al ter- naCe A and the tarce deducti7cs. The basic buildin~ is ch8 8nGire buildin~, Al-cerna~e A is the basic wiGhout; the Ci.il Defense basel'1ent. Deducti';e A ornit3 tile interior walls, i'XNQlx.s:~pct'i:nx.s:kt:n6~ ;leavir::;, aY:lcJ li. in.:: quarcel'S. Decluc ti 'Ie B would o;Di (, all finished :L'J.ocrin,'.; and De- duc:.:.iv'e C would ouit; all ext;enor paincin.; excepG '=iteel paintinG' 48 . "", ,~";.~,.(~.- ':, r, - _ ,., . .- .J --~ . _..1 .'. , .--..,~ _ r'......... -, t__........ '- . ,- ." -- --- .u .~, __ ./ '" "'''5 Z Tile bid results 8.3 on :[,:i_le \"121'(; p:c'.~sC"~'2l1 l,O ,~.l';:; G.~uj]c:.l. ",l(; Lana- ~;er continued t~lat, t..!:le Counc ,;/ol..:Ld ::.c .:,~;: ~):laiJ aJ.=- Jidd2r'S cY_cepc ~r. Camer?n bi~, a~ r. ~qu~s~ed2_nd. "laG ~-C"T:0- .'l~+,,,:uu -4'(:1' w"a2 :.uowed as the bomc bUlldlnc>4f~~lI:-liflDii'ilt;F.m\'iiilfii'M1YiiI;I~ ,-,Uv ,'U_S LL sure Wil" :Lor G.18 basic buildinL; less.:.he in'.:.erj or and.::;_'~(3r:i_or pain ,l~, eUlU '':'llen ,Ie aid ..plJ, :;~,l. for Deductive C \/1i".:liclJ. i3 1.'01' L~hG3e l08Li3, 30 l~dav ~1i3 basic buildin.::; bid slxud be.,;l4/,/)1.; .:.ila', Lll..3 .,au. been 3l.lOuit;ted t;o Ghe Cit,y Attorney so GilaC .le ni.';llt COJ.iJLClh, t;o tn,:; COlCncil OYl i<:;. The Lanag8r no/ ed tria t Civil JefeE30 oLd :{i,FA 'fiiL. ~,a'le co 1'8 view these bids bofore the CounciJ_ 'Hould award a CO,1':'1'ac c u::.;in,s tHose flCnds. -, ,-, f~-: Tile City Attorney advised ,::,ilO Cou:lcii Ghat he G-110U6.lt to be::;;in wich cilat t[lis proposal from Jill, Cauerol1 Vla3 no:; a ciear one because i ~ is wricten ~o indica:;e Deductive Conly witn no oid on Lhe Alternate or Deducti:es A and J; t:lat ne oelie']cd ~ile Council undeLj1:,ood the purpose of tiw deductj'Ies and described Ghis tecimiql~e of arriJin-, a~ the C03t of portions of tlJeouilding, 30 e,[lat if t.he bids Vlerc for ::lOre l'Joney t.han tile Coul'lcil had to splmd, l.iley coulci det.erllline wrlat; portions '\;hey would a\'lard; Gllat this prop03 al by Lr. Cameron I'or ~lJ4,OOO as base proposal includes 'cile uuildin..; of t;ile baselllenc, anci Deductive C, which he listed separal.ely, as C[le ;-Tanager iwd indicated, Mr. CWleron has priced at; ~13,j31, so in order to ~et the correct to'Gal figure, one woulci get the total of\:,he3e two f1:;ure3, or )147,)31. He continued e,Llat he believed dIe Council could accepc tilis on the basis of bein~ t.ne apparent low Did: tuac he t.nou~ht; it is not. teclmically in coni:ormance vliti-J the form wnich should haveoeen pre- pared since there is no Alternative for the CD ba3ernenc and t,18 De- ductives A and D have been omit.ted; chat ne believed the Council had reserved in the proposal callin:~ for bidche ri6ht to \'lai'Je any in- forn,al i ty in the bid and that. i'le thou;llC the Council could con3crue tills to be one. The Attor,nflf advised Ghat he had asked Hr. Lane if he had conferred 'I/itll 111r. Cameron as to what ;-18 was includin~ anci ne had and he said l,;r. Carneron said there was no quos tion wilatever in [lis mind out tnat; the total proposal of ~147,5Jl was for che entire buildin~ and cnat there \'Jas no ques tion in ills Inil1d but. Vlna c chis was wi1a t IiI'. Cameron? s bid meant;cllat he thou,:;rrt on Lile oasis of :;};e Council's ri~;ht co ,-i \^Tai've any informalities, t;;lac it could waive this for recOlIUllendat.ion to HIIFA. hyr. 3toc;'cton as,\:ed if j,.r. Cameron j s bid met. all tile 0 ;~ller requil"e- ments and ~he Manager advised ~lat. it did, that he present;ed a cashier's cnece as oid bond, ,;nat lie did not Ila-ve to meet; lone con:;rac\:' bond requiremenc uncll an a'"ard is made. kyr. Stoc;ccon as:-ced i1' tilere was anyt~ing else about this che fuanager would li~e co ca_l l.o che Council's attention. He advised that in his opinion this bid does not technically meet the requirements of the bid call, that he would read from the bid that if the bidder cannot build the w-hole build- ing, that he would not want to build it; that if the Council is con- sidering the award of thi:3 bid, that he believed t:lere .3hould be some affidavit or some statement from I:r. Cameron ti1at he con3true3 the bid as the City Attorney and he have reported he does through the Architect, (and as the Architect cons'crues it). The Eanager advised that he thought the Council 3hould be concerned with the aid because it is ~20,OOO less than any other bid, but that he recommended an affidavit verifying and confirming the bid as we interpret the bid. l~r. Pollock suggested in ti1is statement that there be an ~lount set forth for the exact value of the CD basement, which amount is re- qired by Civil Defense since this is the amount they will pay on the contract. The bid form was discussed and ~he Gounci] noted that it seemed apparent that the typed word" of the bid and the printed words of the bid form were in some conflict and this ilie reason for the need for a confirming statement from Nr. Cameron. 1-' Glmn. 2entmire asked the Attorney if he thought rir. Cameron's bid for the basic builidng as he has put it dO\'ll1 is a legal bid and the Attorney advised that he thought it is a legal bid, that he thought there was some question as to the ezact meaning there and that why he thought there was need for verification of what the bidder means, because without it HHFA would have to make a determination of \"hat he means, and if it is different from what he and the Architect and the Manager think he means, there will be a problem. Upon reaommendationof the r':anager, Glmn. 2entmire - I would move tha<:; the City Manager and City Attorney be instructed to acquire an affi- davit from Mr. Cameron verifying hi3 bid and that all four bids be I I I ~ Regular Meeting September 16, 1963 4~ submitted to HHFA and Civil Defense. and that the Affidavit include an outline of the money specifically for the building of the Civil Defense portion of the basement. Seconded by Clmn. Stockard. All in favor. Item 4C - Receive tabulation of bids for tires and tubes - A copy of the Manager's tabulation having been previously provided the Council, the Manager reviewed it and explained that this had been the most dif- ficult bid to evaluate as two bidders had bid State prices, which were so close that actually the number of which size of tire would be used became the determining factor, and this had not been determined prior to the bidding; that each one of the tire companies makes many, many different types and sizes of tires, so that the two bids were extremely difficult to evaluate. The Manager advised that the City was almost out of tires and all bidders had revealed their prices in bidding in good faith and he therefore recommended Seward Hardware be given the award because they are low in the passenger tire and they supply both sizes of truck tires while the other bidder supplies only one. Clmn. Zentmire requested permission to abstain from the voting since he had a financial interest in the Mart Variety, one of the bidders. Clmn. Stockard. I move the award be given to the Seward Hardware for the tires and tubes and batteries. Seconded by Clmn. Kirkpatrick. All in favor. Clmn. Zentmire not voting. Item 4D - Offer of R. E. Baumgartner, Attorney at Law, for clearing title of Brownell Homestead and Margules properties. Mr. Baumgartner's Septem- ber 11, 1963 offer to clear both titles of all defects, irregularities, etc. for a fee of $1,500. payable after the Decrees granted and recorded was reviewed. The Manager advised that both titles would involve con- siderable detail work, possibly negotiations with previous owners, and that the offer with payment only after winning the suits was a most extraordinary offer of benefit to the City, that he recommended accep- tance of the offer at this time, and noted that probably the work CQuld not be completed before the next fiscal year so that the costs would be properly budgetted for 64Q65. Clmn. Kirkpatrick - I would move that we acce t Mr. R. E. Baum artner's ro osal. Seconded b Clmn. Stockard. 11 in favor. Item 4E - Receive request of Seward Public Schools for amendment of 1963-64 budget - Mayor Stockton reviewed the fact of the additional monies above those e~timated which had been reftceived by the School as PL874 payments and tuition payments, and reviewed the discussions of the special meeting of August 26, 1963 in this regard. The School hav- ing previously presented to the Council and Manager a budget addendum requesting addition of $35,000. to the 63-64 budget, these items and costs were reviewed. The Manager advised that as budget officer, he would take no issue with the requests of the School Superintendant for the items of building repair and maintenance which were certainly badly needed, nor the items of classroom equipment, that the counseling ser- vice had been discussed previously and this proposed solution recommen- ded, but that he did believe more aeakdown was required than given for the $19,350. titled miscellaneous renovation projects. Mr. E. C. Casey, School Board President, advised that the majority of the School Board recommended Council's approval of the budget addendum in the amount of $35,000. and that the remaining $30,000. surplus cash be applied to the City's portion of the school budget. Mr. Casey ad- vised that no current budget State funds have yet been received. Clmn. Stockard asked if it would be a good idea to include the school lunch program underwriting in this addendum but the Manager requested that this already accomplished change remain as is, and this agreed. Mr. Brent went over the type thing planned to do with the $19,350 of Item 12, Misc. Renovation, advising that there had just not been time in which to work up accurate figures for each item, but assuring the City that this amount of money was needed for the things listed and others such as special teaching for handicapped children, escape ladders from the elementary school, and generally providing for the increased enrollment of this year. This was discussd in some detail and resolved with a breakdown of $10,000 for renovation, $5,000 for equipment and $4,350 for capital outlay, after it was made clear that the State would not participate in any of the requested items even if budgetted at the normal time, except the counselling if it were part of the instruction time rather than over and above instruction time. Mr. Casey discussed long range plans of the School Board, and advised ~gain that they would like to have a financial cushion, that he did not believe they could have a long range plan without a cushion, also that 50 Regular Meeting September 16, 1963 he realized the City needed relief after having financed State and ~ederal portions of the School budget for a number of years, and that the City needed the money for its own projects delayed. The Manager advised that he did not know that it would be correct to budget for a surplus, that you can budget for a thing, but believed that it was not correct to budget a surplus, but also that this cer- tainly should not deter long range planning which was much to be desired and in which the City was very interested since the Council is directly charged with the responsibility of providing the School plant. Mr. Brent advised that some states are enacting laws permit- ting Schools to have surplus funds. The source of the revenues under discussion was reviewed more than once and the Manager was asked if these funds could properly be appropriated by the City to the School budget and the Manager advised that in his opinion they could be properly spent only after such appropriation by the City Council. Mr. Casey objected to segregating Item 12, it being his opinion that the City should be concerned with the School budget as a lump sum of money only. The Manager requested that the Council consider further amending the City budget to include the $2,000 appropriation to the fire truck reserve which was promised with first funds available beyond antici- pated budget revenues; and also consider increasing the Civil Defense budget by $1,000 for Civil Air Patrol activities and equipment as promised in return for the City being allowed to retain the proceeds from the sale by sealed bid of Civil Defense vehicles. Clmn. Zent- mire - I would move that the City Manager. as budget officer. be in- sbruded to draw UP a resolution changing the budget for Seward Public Schools as presented bv Addendum fromthe School Board. and with the change of Item No. 12 as discussed and that the other two items which were recommended by the City Manager be included in the change. Seconded bv Clmn. Kirkpatrick. All in favor. Myr. Stockton called a recess at 10:05 p.m. and reconvened at 10:15 p.m. with same Council memoers present as at recess. - Item 4F - Receive f~~,tt/ report from City Manager on use of trans- ient floats in Alaskan harbors - Mr. Harrison reported that he, had contacted all harbor cities in Alaska and all had replied on this with copies of their ordinances and regulations, showing many diverse methods of handling. He advised that he would like to withdraw Reso- lution No. 327 and see if this problem can be resolved by the harbor people themselves since the two groups are meeting to work out just such problems, that he would be attending the meetings and wouldre- port to the Council. Mr. Phil Durant asked for information on who controlled the policy of the transient float rental and if rent could be charged for it. The Manager assured him that the Council had es- tablished the regulations some years ago and were being basically followed, that a 1 problem develops when there are so many more boats using the harbor than space, that after a certain period the boats must be charged rent and there may be no place other than the tran- sient float to tie but also if a transient comes in, the other boat may have to double tie and make space for the incoming transient. Mr. Durant advised he was satisfied since this was the policy of the Council. Item 4G - Progress on APW matching funds grant for street paving - Myr. Stockton read a wire from Senator Gruening advising of the paving grant and the Manager advised that HHFA has written directly to Tryck, Nyman asking for a basic description of the project, amounts in the various categories of engineering expense, and the Manager reviewed the time schedule placed by HHFA on this project as with all such- 30 days from receipt of offer to accept, 60 days to have the money and 120 days to start constbuction, so that engineering and design and financing should be taken up by the Council. The Manager advised that HHFA contacted Tryck, Nyman since they had done the City's engineering on the water improvements, also that this firm already has much of the engineering done from a previous start and possibly much of that cost could be included in this for matching funds, also that Tryck, Nyman has indicated to him that they would like to do this engineering for the City, and if the Council interested in receiving his proposal, would suggest he be advised soon. The Manager continued that the financing cannot be accomplished from the present budget, and the various types bonded indebtedness were re- viewed, and the requirements to enter into each. The Manager advised 1\.."', Z ,-- !:":: ,-' 1--' , 5t that he was not going to recommend special assessment bond program because ; this lets you pave only where there is money and he thought this bad where there is so much scattered vacant land. Myr. Stockton asked the Council if it was interested in this program and Clmn. Stock- ard and Kirkpatrick advised they were very interested. No objection voiced by other members. Clmn. Walker asked for further discussion on the financing. Myr. Stockton advised that he favored the general obli- gation bond, and to question the City Attorney advised that a special improvement district is often the approach taken by a City for such, but ;that he was thinking of the Manager's comments in regard to so much vacant property and the problems of charging property with this type. Regular Meeting September 16, 1963 I Clmn. Stockard asked the approximate cost of blading and sprinkling the streets and the Manager estimated about $10,000. but advised that with the amount of paving to be done, later reviewed at about one-half the streets in town if the lab tests will support the most economical type paving the Engineers know of, that it would not be possible to discon- tinue all such work; Clmn. Stockard computed roughly repayment based on twenty years as amouLing to about $6,700. plus interest, and noted that this would go a long way toward payment by the savings from the street maintenance costs. Clmn. Vincent asked the Manager if the pic- ture would have been much different if the Government had made this award last year since it was the Council's top priority project, but the Manager said he thought not regarding financing, as the City would have had to go to some type of bond program to raise this much money, any building of such surpluses being improper under budgetting law for governments, that if revenues are over needs, that the tax levy rate should be lowered and not build surpluses. The Manager advised that Cit~es are going away from the concept of fi- nancing street improvements by special assessment bonds and are taking the approach that the improvements should be paid for by the persons moving vehicles over the streets rather than the property owners ad- joining the streets. The Mayor advised that he was very enthusiastic about the paving which he noted had been a prime objective of the City for many years. Clmn. Stockard concurred and advised he believed the townspeople felt the same, that for instanc~, the Chamber of Commerce had received the news with enthusiasm and had passed a resolution commending the City Council and staff for its work in accomplishing this objective. Clmn. Kirkpatrick advised his f6iing on the financing that the special assess- ment jut a method of taxing ourselves; also wondered if the schedule was not going to have the City starting a paving program in the middle of winter. The Manager advised that the requirement would be for the City to prepare alldocuments, take all steps toward paving and there would be a paragraph in the contract that the contractor can stop work because of inclement weather. Clmn. Vincent asked how much of the $269,000. program would be for costs other than paving and the Manager advised about 2$%, similar costs on other projects were desired but these figures not available. The Manager advised that engineering costs, for instance, on paving projects usually run more with more engineering work for dollars of projects than say a water improvements project. Clmn. Vincent advised that he was thoroughly in favor of the program but also thoroughly ashamed of the source of the money. Myr. Stockton asked if there was any objection to the Manager contacting Tryck, Nyman regarding an engineering proposal and Preston, Thorgrimso~ et aI, bond attarnies on other City projects, for a proposal, and there was no objection. The Manager was also asked to secure the advice of Mr. Don Meyer of Marshall & Meyer without retaining him at this time. The Manager advised that if he receives the grant offer between meet- ings that he would immediately call a special meeting. Item 4H - Receive plans for Hospital elevator and receive contract pro- posal from Mr. Lane, Architect - The City Attorney advised that the contract as submitted is different from the one approved for the public works building and that he would like an opp~unity to check it. It was therefore set aside pending the Attorney's recommendation. The City Manager reviewed the preliminary plans for the Architect pointing out that the entrance to the elevator from the ambulance' wi~l b~ half-way between ~he basement and first floor level, but that th~s w~ll be a great sav~ngs of money over having to fill to bring it up to ground level; that the Hospital Board has made a thorough study of the type installation and advises this is the most fool-proof type e~evator, a~d that they recommend this $24,000 project for which they w~ll be pay~ng the non-Federal portion. I I 52 Regular Meeting September 12, 1963 The Manager advised that these plans had already been sent to the Fed- eral Government for approval and we are now advised that they must also be approved by the State Department of Health. Item 41 - Receive plans for Public Works Building - The Manager presen- ted the preliminary plans of this building for the Architect, pointing out the use planned of the space with particular emphasis on space which would permit improved services and improved procedures. He ad- vised that he was not recommending action because there are some changes to be made and HHFA has the plans for their tentative approval. Item 5A - Receive offer of Chamber of Commerce to purchase street sign machine for City - The Manager advised that the Chamber is offering to buy this machine which costs $986. and to give it to the City with no strings whatever so the City can get street signs made, that they do want the City to pay the freight which is estimated at about $50.00, that the Chamber would probably ask to use the machine for making their own signs. Clmn. Walker advised that she was not in favor of joint ownership where the City responsible for looking after things and the Manager agreed with this as well as the Chamber, that this was to be an outright gift with City to inventory and Chamber to buy mater- ial for any signs they make with the machine. Clmn. Stockard - I move we accept the sign making machine under the conditions that the Chamber pay for it and turn it over to the City as City property to be used for City purposes and for making any sign the Chamber wantsprovidin~ thev furnish the material and the City will furnish the labor. Seconded bv Clmn. Zentmire. ~l in favor. City Mana~er to advise the Chamber with thanks from Council. Item 5B - Receive report of City Manager regarding deck work in Small Boat Harbor - The Manager reported that this work was completed with an expenditure of just under $4,000 for material and that the other $1,000+ would be applied to the salary of the one man the City had on the job plus the regular crew so that the City had made out better on this than anticipated. Clmn. Walker asked if the Manager had a break- down of the amount of labor and he advised he did not have the detail summarized at this time, but planned to do so as to total labor and total equipment cost for report to the Council. Item 5C - August accounts payable totalling $27,214.94 - The Council reviewed the bills with correction on schedule provided Council in that Mark Walker not vending to the City, should have been Fred Arnold, and with addition of $644.03 added Howard Pollock bill. Clmn. Zent- mire - I would move for the a ent of the accounts a able for the month of u ust in the amount of 2 21. . Seconded b Clmn. Vincent. All in favor. Detail as follows: Cordova Airlines 104.00; Dept. of Adm. State of Alaska $20.00; James Harrison $50.00; Alaska Railroad $17.13; Tachick Freight Lines $6.86; Alaska Railroad $6.25; First Nat- ional Bank of Anchorage $703.11; Sol J. Urie $28.94; Alaska Telephone $285.50; Alaska Court System $75.00; Alaska Sales & Service $65.07; Alaskan Stationers $2.23; Anchorage Daily News $38.25; Andy's Oil Del. $100.00; Adnersons' Furniture $6.95; Arctic Office Machines $42.50; Auto Electric Sales $79.74; Bay City Motors $29.20; B&C Auto Electric $69.26; Burroughs Corp $8.80; Chugach Elec Assn. ilO,310.40iCraig Taylor Equip $11.18; Durant's Hdwe. $5.95; James Harrison ~36.53; Industrial Air Products $30.72; International Conf. of Builders $8.60; Johns Manville Sales $243.94;Karen's Secretarial Serv $45.50; Kenai Lumber Co. $1,305.30; Line Material Industries '386.51; Modern Motors $17.26; Moore Business Forms $14.78; Northern Supply Inc. $502.13; Oeser Cedar Co. $6,628.10; Osbo's Electrical Supply $37.50; Petty Cash $31.60; Petticoat Gazette $23.50; Petrolane Gas Service $37.20; Seward Builders $93.26; Seward Chamber of Commerce $50.00; Seward Distributors $57.29; Seward Drug Co. $12.42; Seward Hardware $43.55; Seward Trading $16.78; Seward Volunteer Fire $50.00; Standard Oil Co. of Calif. $577.92; R. Wayne Stevens $15.00; Supply Center $12.28; Dept. of Labor, State of Alaska $36.00; City of Seward $1,$95.90; Sol J. Urie $14.06; Western Standard Supply $18.78; Yukon Office Supply $86.48' Alaska State Police & Fred Arnold ~33.80; Alaska Telephone Corp. ~22.40i' Chuck's Repair & Service $6100; Fred J. Arnold ~2,112.90; Howard W. Po lock $644.03 for a total of ~27,214.94. Item 5D - Proposed Resolution No. 331 naming election judges and clerks for the October 1, 1963 election was read as follows: RESOLUTION NO. 331 BE IT RESOLVED that the following named persons, who are regis- tered electors in the Seward Precinct of their residence and as below listed, are hereby appointed and shall act as Judge Inspectors, Judges t....... Z _. ~ ~ ',. ,:> Regular Meeting September 16, 1963 53 , . and Clerks of Election for Seward Precinct No. 1 and Seward Precinct No. 2 as set forth below, at the General Municipal E17ction to be he~d on Tuesday October 1, 1963, for the purpose of elect~ng three Counc~l- men each f~r a two-year term, one Councilman for a one-year term, one Mayor for a two-year term, and one School Board member for a five- year term, and deciding Proposition "A": PRECINCT JUDGE INSPECTOR: JUnGES : NO.1: I CLERKS : Fr. Randall Mendelsohn Margaret H. Deck M. Elizabeth Deisher Juanita H. Wooldridge Gladys Bogard Emma Jean Cameron ALTERNATES: PRECINCT NO.2: JUDGE INSPECTOR: JUDGES : CLERKS : George Green Winifred I. Leirer Inger Watsjold Lillian E. Dangler Ruby E. Surne Phyllis Inglis ALTERNATES: I The City Clerk is hereby instructed to give written notice of appointment and any and all instructions as required by Ordinance No. 300 to the above named persons. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by The Common Council of the City of Seward, Alaska, this 16th day of September, 1963. Clmn. ~lker - I move for adoption of Resolution No. 331. Seconded bY Clmn. Stockard. All in favor. Item 5E - Proposed Resolution No. 332 naming those authorized to sign checks. Proposed Resolution No. 332 read as follows: RESOLUTION NO. 332 BE IT RESOLVED that the Seward Branch, First National Bank of Anchorage shall be the paying and receiving agent for funds deposited in the City of Seward checking accounts bearing the following names: City of Seward General Fund, City of Seward 1961 Reserve for New Fire Truck, City of Seward Electric Department Bond Redemption & Reserve Funds, City of Seward 1953 Series Water Department Bond Redemption & Reserve Funds, City of Seward 1962 Series Water Department Bond Redemp- tion Funds, Cityof Seward 1962 Water Project Construction Account, and BE IT FURTHER RESOLVED that said paying and receiving agent is hereby instructed to honor all checks drawn on the above l~ted account when bearing any two of the following authorized signatures: James W. Harrison Beatrice E. Watts I Perry Stockton Calvin C. Beck This Resolution to be in full force and effect immediately passage and approval. Passed and approved by the Common Council the City of Seward, Alaska, this 16th day of September, 1963. Clmn. Stockard - I move we ado t Resolution No.2. Seconded b Clmn. Walker. All in favor. The City Manager advised that the City's blanket position bond automatically covered Mr. Beck on employment. upon of Item 5F - City Manager's Report - (1) That two gentlemen representing Alaska Barite Company had been in Seward the past week and did not wish to meet with any group, that their firm grinds oil well drilling mud for the Alaska and foreign market. The Manager continued that they were very happy with Seward and after looking at the Army Dock were negotiating with Mr. Reilly for the use of the San Juan Dock and two buildings which he is not using, and that they would want to discuss with the City a new lower rate of off-peak electricity in quantity. 54 ,.., Regu;Lar Meet;i.ng Septbember 16"63.963 Spec~al Meet~ng Oc~o er ~,-l~ 3 He continued that these gentlemen realize that such a rate would be one which would apply to other large quantity off-peak consumers; that this is the type of industry the Council has been trying to attract to Sew- ard, and that while they requested him to not discuss their investiga- tions before today, they are making a proposal to the Alaska State Development Commission today, and it is now open to discussion. (2) That today he had received notice of a meeting tomorrow of Alaska AHA and REA with Washington D.C. officials and Community Facilities Administration and HHFA officials from Washington D. C. and Seattle, for the purpose of bringing industrial people to Alaska, and if no objection he would attend. There was no objection. (3) That the Robert Inglis variance for garage encroaching City prop- erty has been met as to deadline and the correction has been certified to by the Engineer and copy filed with the City. (4) That the new 8" service to Halibut Producers Cooperative is comp- lete, that the meters for the purpose of establishing use are yet to be installed. (5) That the Marathon work complete except the chlorinators not yet tied in on the line. (6) That the State rock chipping will be set up in about two weeks so that he would be able to get some prices to bring to the Council for further planning of the paving program. (7) That he had located a tractor in Surplus for the paving program $215. and would pick it upin the next few weeks - that it needs a little repair. ($) That building permits this last month amounted to more than all the rest of the time he had been Manager here; that he would include this information in his monthly report from now on. (9) Requested permission to publish the Alaska Telphone Corporation franchise in the Petticoat Gazette because reports indicate that people haven't the slightest idea what is being asked in Proposition "A" which will be on the ballot October 1; that if the Council requires this publication, it can require Alaska Telephone Corporation to pay for the cost of publishing. Manager instructed to so publish, and also to arrange for free radio time for discussion of the franchise ordinance by the two hold-over Councilmen and the Manager. for Myr. Stockton noted that this was the last meeting for this Council and expressed his pleasure in working with Clmn. Walker and Stockard, outgoing members. Clmn. Kirkpatrick - I move we adjourn. Seconded bv Clmn. Vincent. 12:55 a.m. Approved: ~~ ~,rA'L rry Stockton Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Special Meeting October 2, 1963 A special meeting of the City Council for the purpose of canvassing the ballots of the general municipal election of October 1, 1963 was called to order by Mayor Perry Stockton at 3:00 p.m. Roll was called and those present were Mayor Stockton, Councilmen Richard Kirkpatrick, Paul Stockard, William Vincent, Erma Walker. Clmn. Hal Drinkall and Delmar Zentmire were absent. City Manager and both Judge Inspectors also present.Election records removed from locked boxes by City Clerk. Mayor Stockton read from the Election Ordinance No. 306 the duties of the Council and Canvassing Board and these duties were accomplished as follows: In Precinct No.1, 153 Mayor-Council-Proposition "A" ballots were cast and the unused ballots were inspected to see that the next number was 154. It was noted that in the Poll Book, one name had been listed before it was learned the person was not regis- tered and the name crossed off. In Precinct No.2 there were 113 Mayor-Counci.l-Proposition "A" ballots cast, these being Nos. 351 to 463 inclusive and the unused ballots were examined to see that No. 464 was the next unused ballot. Total of 266. TM~us~gool Board Ballots were then examined along with the tally list and it was recorded that there were 153 such ballots cast in Precinct 1',,"; cr. ,-' - e-:: -- I I I Special Meeting October 2, 1963 55 No. 1 and 115 such ballots cast in Precinct No. 2 making a total of 26$ School Board ballots cast. The tally list for each Precinct was examined and the tallr for each office was taken off separately, then totalled, to result ~n the follow- ing schedule for spreading on the minutes: Precinct No. 1 MAYOR - TWO-YEAR TERM: Precinct No. 2 Total Perry Stockton Alex Petrovich Rupert KuHn Jack 'Werner 135 4 1 1 141 - 10$ 1 1 rro 243 5 2 1 251 - COUNCIL - TWO-YEAR TERM: Delmar Zentmire Dan Bedford William L. :Shaw Erma Walker Ed Lincoln Gus Johnson Ted Gerwer Alex Petrovich Frank Woolrich Phil Durant Dale Lindsey 130 129 107 3 1 1 1 1 106 236 103 232 92 199 3 1 2 3 1 1 2 1 1 2 2 1 1 308 OBI --- 373 COUNCIL - ONE-YEAR TERM: W. J. (Bill) Lantz Gus Johnson Seward Shea Virgil Zentmire Hans Hafemeister Herman Leirer 124 1 1 100 224 1 1 1 1 1 229 1 1 -1 103 FRANCHISEl: . 8S 16 104 - 193 ~ 231 PROPOSITION "All Yes No 126 {ALASKA TELEPHONE CORP. 105 22 127 :SCHOOL BOARD - FIVE-YEAR TERM: Robert E. Cousart McRae J. B. Deisher Vane Luke Reid :Sol J. Urie Charles Weaver John Offield 135 1 1 9$ 233 1 1 2 1 1 1 240 137 2 1 1 -1 103 12 Defective Ballots As the various sections were recorded, Myr. Stockton asked for any questions and there were none. The Judge Inspector of Precinct No. 2 requested permission to comment on the cause of the 12 defective ballots in the School Board ballot as having resulted from the elector writing in a name, but then not making the "XII mark opposite, which requires it to be not counted, and when no part of a ballot is counted, considered ttDefective"under the ordinance. She requested that this be made public for the benefit of those electors and the Council so instructed the City Clerk. The Mayor then reviewed the summary of the tally sheets, noting that Proposition nAil had clearly passed with a majority of more than 55% as required for passage; that on the School Board the one five-year term had been won by Robert E. Cuusart with 233 votes; that the one one-year Council seat had been won by Bill Lantz with 224 votes; the three two-year Council seats had been won by Delmar Zentmire with 236 votes, Dan Bedford with 232 votes and William Shaw with 199 votes; that the two-year Mayor seat had been won by himself, Perry Stockton with 243 votes. Clmn. Walker- I would move that the tally as submitted bv the Election Boards and as totalled and be approved. Special Meeting October 2, 1963 Regular Keeting October 7, 1963 counted by the Citv Clerk and canvassed bv the Citv 'Council Seconded bv Clmn. Kirkpatrick. All in favor. 1\."': Z 56 ;'. ,-, l!:~ Myr. Stockton thanked the Judge Inspectors for canvass and the Election Boards through them. move we adjourn. Seconded by Clmn. Stockard. being present at this Clmn. Kirkpatrick - I 3:40 p.m. Approved: c9u~ ,#~ Perry Stockton Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting October 7, 1963 The regu~ar meeting of October 7, 1963 was calld to order at 8:05 p.m. by Mayor Stockton, who noted that this was the time for the changing of the Council wherein some of the people who have served the Council for several years were going off the Council and that it was his pleas- ure to make a few statements before they took their official leave. He then remarked that this last year's Council had been a very hard working Council, extremely conscientious, and had left the City in fine status as pertains to financial status and with fine administrative personnel; that he thought Clmn. 'Walker had finished four years of very good service to the City and Clmn. Stockard, though serving only a short time, deserved a vote of thanks, that he was sorry Clmn. Drin- kall could not be present but that these words of commendation applied to him also; whereupon he presented Clmn. Walker and Stockard with Certificates of Appreciation for their service. Clmn. 'Walker advised that it had been a real experience to serve the City in this capacity, and would recommend it to all citizens and taxpayers; expressed thanks and appreciation for a hard-working staff, which by its many efforts has kept the Council well informed; wished the new Council lots of progress and success. ,1: 1 I' , r' 1 ' 1 ! I 1 T' I"" Il" 1 1 ' , 1 I' "1 1'1' ,. 1. The Oath of Office was then administered to Mayor Perry Stockton, Councilmen Dan Bedford, Bill Lantz and William Shaw, and to Robert Cousart, School Board Member, by the City Clerk. Myr. Stockton then presented the Certificates of Election to each and Clmn. Vincent pre- sented the Certificate to Myr. Stockton. The New 'Council then took their places and the Mayor briefly reviewed the rules of order and general conduct of the Council meetings. Delmar Zentmire yet to receive the Oath of Office. 2. Roll was called and those present were Mayor Stockton, Councilman Richard Kirkpatrick, Bill Lantz, William Shaw, 'William Vincent and Dan Bedford. Delmar Zentmire absent. ~ Item 3A - Minutes: The Clerk advised that only the first item of old business of September 16, 1963 minutes transcribed. Clmn. Kirkpatrick- I would move that we table the minutesuntil the next re~lar meeting. Seconded by Clmn. Vincent. All in favor. Item 4A - No one had requested to speak to the Council. Item 5A - Discuss proposed engineering contract with Tryck, Nyman & Associates and APW paving - the Manager presented Mr. Charles Tryck of Tryck, Nyman & Associates, who was present to explain this project; copy of the pre-preliminary plans were posted on the easel. The Mana- ger advised that the City has not yet received the formal notification of this grant and that he was sure this was to enable the City to get started on the engineering to be able to meet the 60 day financing and 120 day start construction deadlines; that the 'Council's approval of an engineering contract and tentative approvalof the plans would set the next Government steps in motion. Mr. Tryck then presented the plans for the project in their pre-pre- liminary stage, advising that on September 0, 1963 their firm had re- ceived a letter from HHFA asking for more information and for a revi- sion of the project to bring it within the scope of the $220,000. which they have available for the project construction, and of this $15,000 is held back for contingencies, so there is $205,000. for the constructing of the project. He advised that the plan prepared in some cases is very detailed, in others ratbr brief; that they think this plan will utilize the funds which the City has available; the plans were examined and he advised the Council that HHFA would accept, reject or request modification of the amount of paving suggested. Mr.Tpyck advised that Sixth Avenue is proposed as an additive alternate I :: Regular Meeting October 7, 1963 57 to the bid so that if there is enough money Sixth Avenue with the three connecting blocks could be included. He continued that the City Manager had suggested they eliminate the paving on Fourth Avenue from "c" Street to Van Buren and instead include "C" Street to the Railroad crossing at the approach to the Small Boat Harbor. He showed the Council drawings of four types of curb details and ad- vised that recommendations on which would be used where remained for further study on which works out best and which be most economical; that they had asked for some asphalt sidewalks and asphalt curbing to be used instead of concrete, noting that they had successfully used them before and had found them satisfactory and more economical though not as good as concrete. He advised that they had reduced to a minimum the underground piping for drainage and pointed out the areas where this would be needed; that culverts would be installed in a few places, and other than these items would try to handle the drainage with valley gutters, that this was almost mandatory due to the high cost of underground drainage; that the ditches would be on the cross streets and would try to not have any ditches on the North-South streets. In discussing this later the Council expressed concern to not have deep ditches which would hinder tr~vel and Mr. Tryck advised they were planning a narrow ditch not more 1"~8n deep and if possible will use culverts. Council was concerned over causing loss of control of vehicles during icy condi- tions, itbeing realized our ice conditions unusually severe. Mr. Tryck noted that it is proposed that the City do certain of the work, storm drainage pipes and the sub-grading and the sub-base so that the contractor would just be laying the final layer of gravel and the paving. He continued that they are trying to use the non- crushed gravel and cost is based on this, and if a suitable pavement can be developed from the Jap Creek rock without crushing that it would mean considerable savings also of hauling costs, that there is some question as to whether this can be developed, and they would know in about ten days, the design of the asphalt mix to follow determination of suitability of the rock. The breakdown of costs as presented in support of the plans was also reviewed by Mr. Tryck. Myr. Stockton inquired for details of the control of the drainage at alleys and intersections and Mr. Tryck assured him that this water would be controlled and not allowed to errode the pavement and he des- cribed the method planned; and further to the above discussion on drain- age, that at the North end of Fourth Avenue there would be some drop- off in going off the pavement so the water would not undermine it, but nothing like the degree of drop-off on Third Avenue. Myr. Stockton also asked if they had taken into consideration private driveways and maintaining access to same. Mr. Tryck said there would be no problem in the area where the paving would be curb to curb, that there might I be some in the strip pavement areas but that if culverts were required, he thought they had enough money in the estimates to cover such culvert I I The proposed engineering contract was then read aloud, the Manager noting that the several dates were left blank since these depended on the date of the receipt of the grant offer, advised that the document had been received only that day and would therefore recommend only a tentative approval contingent on the City Attorney's approval as to form, but which would let HHFA know the matter was progressing. Council discussed how it wanted to proceed on this and decided on a special meeting the following Monday when Mr. Tryck and the City Attorney could be present and work out the final document . Mr. Tryck agreed that the one week would not hinder the project but also that they had gone as far as they could, and had spent considerable money, without authoriza- tion from the Council to proceed by approval of the document or some similar,; also that it was urgent that thefield survey work be started soon and finished before snow if the City were to start the underground and grading work this fall. He advised that they were using a great deal of the engineering done in about 1956 for the City, but that some had to be re-surveyed due to changes ,in street levels. The Mayor inquired of the City Manager if he saw any problems in delaying this a week and he asked if the engineering data could be sent on to HHFA and Mr. Tryck agreed that the change on Fourth &: "C" would be made and submitted without any problem, and to further question, that he be- li~ved.this would give HHFA the information they need at this time, wh~ch ~s to know that what the City is planning is within the scope of the money. Mr. Tryck advised that the proposed contract was not pat- terned after the water project but after a street paving contract with the City of Anchorage, that the fee was within the scale which can be approved by HHFA. Brief discussion of some terms rediscussed at special 58 . Regular Meeting October 7, 1963 meeting. Clmn. Lantz asked about possibly paving in front of the High School but the Manager advised the Engineer's recommendation had been to not pave a strip standing alone because of maintenance problems, and that it would definitely be planned to add this to the work the City planned to do itself later on. Clron. Kirkpatrick - I would move that we accept the pre-preliminary plan andthat we set UP next Mondav night as a special meeting to consider the con- tract with Tryck. Nvman & Associates as revised to show the correc- tion deleting Fuurth Avenue from "e" Street to Van Buren and Van Van Buren from Third to Fourth and substituting therefor "C"Street from Third to the Railroad crossing. Seconded bv Clmn. Shaw. 411 in favor. Mr. Tryck advised that he would submit the lay-out to HHFA and say that a contract has been presented for the engineering with the information on the special meeting. Item 5B - Resolution No. 335 amending Municipal Budget for School, Fire and Civil Defense Departments - The City Manager reviewed the discussions on this from the August 26, 1963 special meeting and Item 4E of September 16, 1963 agenda, noted especially that the funds for the APW Public ~orks Building are not yet being appropriated though provision is being made to have them available when this action needed, and the Resolution was read as follows: t--'"1 Z -, ~: RESOLUTION NO. 335 AMENDING THE BUDGET OF THE CITY OF SEWARD FOR 1963-64 BE IT RESOLVED that the Municipal Budget for the City of Seward for 1963-64 shall be amended in its individual item and account as indicated below and it shall be reappropriated as indicated below: Expenses Acct.'- Code From To General Government 80 School .406 $93,550 $63,550 Fire Department 30 Fire Truck Reserve .302 -0- 2,000 ------ Civil Defense 60 Civil Air Patrol .304 -0- 1,000 by in It is the purpose of this Resolution to reduce the School Budget $30,000 and to approve their request for expenditures as set out their memorandum of September 7, 1963 (copy attached). This Resolution to be effective and in full force and effect immediately upon passage and approval. PASSED AND APPROVED by The Common Council of the City of Seward this 7th day of October,1963. Clmn. Lantz asked if Civil Air Patrol hadnot received a two-way rado from the State about six months ago and the Manager advised this so he believed but that they are planning a two-way radio traffic con- trol, the basis of which will come from a discontinued air traffic control center, and to further question that this would be worked out with Federal matching funds to the fullest extent possible by meeting their requirements. Clmn. Vincent - I would move for the approval of Resolution No. 335. Seconded bv Clmn. Kirkpatrick. All in favor. Item 5C - Resolution No. 33l+,.d.clar~g Jim Cameron's bid to build Fire Station to be informal and waiving said informality - The City Manager was asked to explain this resolution before reading it. which he did by explaining that when Jim Cameron filled out his bid, he did not fill out each item in the bid and he put in a deductive in a way not exactly as set out by HHFA and the Architectj jthat the Council in the call for bids reserved the right to waive any infor- malities. which this has been considered to be legally (see Item 4B, September 16. 1903 minutes for opinion of City Attorney). and this action by the Council is a requirement of HHFA prior to their approving the award of the contract to Jim Cameron. Proposed Reso- lution No. 334 was read as follows: RESOLUTION NO. 334 ~EREAS on September 13, 1963 at five o'clock P.M., in the Council Chambers of the City of Seward, bids for construction of the Fire Station for the City of Seward, Project No. APW-Alaska- 39G. were received and openedj and , '.' ~r: ' /' 'l'~ I I '~ ;,~~ .~~, i'> '~I". :~ I ~ Regular Meeting October 7, 1963 WHEREAS, according to form CFA-235-B, paragraphs The Common Council of the City of Seward retained the a bid informal and to waive such informalities; NOW THEREFORE, BE IT RESOLVED by The Common Cuuncil of the City of Seward that the bid of JIM CAMERON, General Contractor, is declared to be informal and such informality is hereby waived, and the bid of JIM CAMERON aforesaid is hereby certified to be proper for the project bid, namely Project No. APW-Alaska-39G. This Resolution to be in full force and effect immediately upon passage and approval. PASSED AND APPROVED by The Common Council of the City of Seward this 7th day of October, 1963. 59 one and two, right to declare Clmn. Kirkpatrick - I movefor adoption of Resolution No. 334. Seconded by Clmn. Vincent. All in favor. Myr. Stockton called a recess at 9:30 p.m. and reconvened, at 9:35 p.m. with tie same Council members present as at recess. Item 5D - Resolution No. 333 awarding contract for construction of Fire Station to Jim Cameron - The Manager advised that this award was ten- tative pending HHFA approval and would become final providing they approve the bid, that while this might seem strange, it is the way they want to do it, and, of course, contingent upon Jim Cameron providing theperformance bond; that he and the Architect recommended that the bid be awarded to Jim Cameron. Resolution No. 333 was read as follows: RESOLUTION NO. 333 WHEREAS, the Common Council of the City of Seward, Alaska, pur- suant to an invitation to submit bids, which invitation was properly published and advertised, did, at its regular meeting of September 16, 1963, receive tabulations of said bids, and after due investiga- tion does find that the low bid of JIM CAMERON, General Contractor, is proper in all respects; this bid to cover construction of a New Fire Hall ~or the City of Seward known as Project No. APW-~aska-39G, together with an Emergency Operations Center in the basement; , NOW', THEREFORE, in view of the fact that within the money available is as follows: Bid on Completed Building CHANGE ORDER NO. 1 TOTAL the low, acceptable bid $147,531.00 350.00 $147,881. 00 AND the Housing and Home Finance Agency has by its letter dated ____October, 1963, signed by Mr. L. R. Durkee, Director of Northwest Operations, given its approval to the City of the award of a contract for said construction, BE IT FURTHER RESOLVED that the City Manager and the City Clerk of the City of Seward are hereby instructed, upon the furnishing of a satisfactory perfonnance bond by JIM CAMERON, General Contractor, to execute and deliver the contract between the City of Seward and JIM CAMERON, General Contractor, for the construction of the Fire Hall. This Resolution to be in full force and effect immediate~y upon passage and approval. Passed and approved by the Common Council of the City of Seward this 7th day of October, 1963. Clmn.Lantz inquired about Change Order No. 1 and the Manager explained that this covered the added cost to correct doors to the stairway which were three inches too narrow to meet Government standards and that while normally Change Order~s are not worked until after a contract is signed, that the Government has asked for this one and Mr. Cameron has agreed to do the work for the sum of $350. Clmn. Vincent - I would move for the passa~e of Resolution No. 333. Seconded by Clmn. Bedford. .All in favor. Item 5E - Receive plans from Seward Marina Inc. for marine ways and restaurant - The Manager reported that Seward Marina was unable to get a pilot to fly them down today, that the plans are completed and he was to receive them Wednesday and would forward to theCounci1.Clmn. KirkpatriCk asked if it wou+d be desirable to have this item on the agenaa for the spec1a~ mee~1ng next Monday and this was agreed. The Manager noted that since Myr. Stockton had to leave at 10:00 p.m., he would like the Council to consider Items 5G,5I,5J, and two added items pertaining to the paving election, OG & 6H while the Mayor presen 60 Regular N:eeting October 7, 1963 No objection to taking these items out of order. Item 5G - Receive Roland Lane's proposal to design Hospital Elevator. Proposed Resolution No. 336 was read as follows: RESOLUTION NO. 336 BE IT RESOLVED that the City Manager and City ~lerk are hereby authorized to execute and deliver AGREEMENT BET'fNEEN OWNER AND, ARCH- ITECT dated August 21, 1963 between Roland H. Lane and the City of Seward for the design and inspection of construction of a new emergency elevator for the Seward General Hospital. This Resolution to be in full force and effect immedia~y upon passage and approval. Passed and approved by the Common Council of the City of Seward this 7th day of October, 1963. The Mahager advised that this was the standard form of architect con- tract, that it is exactly the same in form and provisions as the one approved for the public works building and has been approved as to form by the City Attorney. The ~ibit to the form was read in detail and the Manager noted the fee was 6%, advised that he and the City Attorney recommended approval. Myr. Stockton advised the new members who had not had opportunity to study this, that he too re- commended approval. Clmn. Kirkpatrick - I move for adoption of Resolution No. 336. Seconded bv Clmn. Lantz. All in favor. Item 5I - Retain Preston, Thorgrimson, Horowitz, Starin.& Ellis as Bond Counsel for APWStreet Program - Myr. Stockton advised that the Council had asked that this firm be contacted for a proposal, that they have been bond counsel for all the City's projects and highly respected. The Manager then read their letter of proposal includ- ing estimated fee of not more than $700.. and the duties were reviewed for the new members - Clmn. Vincent - I would move that we retain the services of Preston. Thorgrimson. Horowitz. Starin & Ellis a8 our bond counsel for our street avin ro ram. Seconded b Clmn. Kirk atrick. 11 in favor. Item 5J - Second Amendment to Resolution No. 287 accelerating 1963- 64 capital improvements budget for APW paving project - The Manager advised that this is a change of the Resolution passed when the City made application for the paving matching funds wherein it agreed to accelerate the capital improvements budget of last year and now it is necessary that the same thing be done for this current budget since this is the year in which the work will be done. Amended Reso- lution No. 287 was read in full and which is exactly the same as the first Amendment (See Page 224, Vol. 10, November 15, 1962 minutes) except that sub para 1. closes: . "for capital improvements in said plan or budget was $169.352 for the fiscal year ending June 30, 1964 (See Exhibit "A" attached for details).", and Sub para 2. closes: "will be increased by $134,500. in the proposed or planned total expenditures for - - _It (See attached copy of Exhibit "A" hereby made a copy of these minutes.) Clmn. Kirk atrick - I move for ado tion of Pro osed Reso ution No. 2 7 as second amended. Seconded bv Clmn. incent. All in favor. Item 6G - Resolution No. 338 appointing officials to serve at paving bond election - The Manager explained that the Bond Counsel needs this information in order to prepare the bond election ordinance, that they will set a date compatible with various requirements. This Resolution was then read as follows: RESOLUTION NO. 338 BE IT RESOLVED that the following named persons who are qualified electors of the City of Seward as set forth in Sections 10.3(a} and 10.3(b) of the Home Rule Charter, are hereby appointed and shall act as Judge Inspector. Judges and Clerks at the special election to be held for the purpose of determining whetbr or not the City of Seward shall enter into a long term indebtedness to finance a proposed street paving project, the dates, conditions and specific details of said election to be set forth in an election ordinance for this purpose, and BE IT FURTHER RESOLVED that the following named qualified elec- tors under Section 10.3(a) and 10.3(b) of the Home Rule Charter desig- nated as Alternates shall serve in the pace of any Judge or Clerk who may fail to appear on election day. In the event the Judge Inspector fails to appear on election day, the City Clerk shalllname one of the ", rr. ("'-. r. tr: ~ rT""' I . -- --; I JI~~t Co.t ~ ~.b/- ~;J24, :>-9'7 vl--A~ ~~ 1~/7/~3. mDIT "A" GeMrd Fund capital lqlrow.nt. 'UllIllla1'7 l)eout_nt Police Fire Fire Street Street Street Street Street Public Werk. Harbor Cen. Covt. 6 Admin. Spacla1 Covt. ParI:. & Rccreaticn ROlpltd .us Typewritar $ Fire Station New Eroulpnent Rolllns Stock for .nioa pro;r01l Shop Iqul~nt Culvert a & Se..r Pipc Row fuel teak for aGratO ravina &uildine rayaDot on FculkMr Property T)'pcwri tar 6 OfUea l:Achlnary Public AldreD' ".. for Council elt. Iquipment for rark. Elev.tor TODL CAl'lUL 350 86,500 2,825 5,000 1.00 SOO 700 19,277 35,&00 2,COO SOO 7CO 1.COO 13 .COO . 169,352 .J!/ft$! tit?;; c#- (J,A ~ ~ ~ A A ~ tr: ~7.::::, 0-,/;L. 1/) 'f)'lva-v t:JO.) V' &:k<~ i ~. ~~-, ?~~i~/IV'''''''''''I " ,~. I ':. i <J Regular Meeting October 7, 1963 61 appointed Judges to act as Judge Inspector and one of the alternates shall fill the position so vacated. I Fr. Randall Mendelsohn Margaret H. Deck Lillian E. Dangler Ruby E. Sume Juanita H. Wooldridge Winifred I. Leirer Inger J. Watsjold This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward, Alaska, this seventh day of October, 1963. JUDGE INSPECTOR: JUDGE: CLERK : ALTERNATE: Clron. Lantz - I would move for approval of Resolution No. 33$. Secon- ded bv Clmn. Shaw. All in favor. Item 6H - Resolution No. 339 requesting the Secretary of State to authorize only one polling place and naming said place for Street Pav- ing Bond Election was read as follows: (correction in building number of polling pace recorded below as corrected). RESOLUTION NO. 339 WHEREAS, the City Council of the City of Seward, anticipates calling a special election for the purpose of presenting to the electors a proposition of whether or not to enter into long term indebtedness for the purpose of financing street paving in the City of Seward, and WHEREAS, no other question will be voted upon at this special election, and I WHEREAS, it is anticipated that the vote will be light, NOW, THEREFORE, BE IT RESOLVED, that the Secretary of the State of Alaska, shall be requested to consolidate the two election precincts of the City of Seward into one election precinct for this one special election, and that if 50 authorized, the voting place shall be at the Log Cabin situated on the Northeast Corner of the intersection of Fourth Avenue and Adams Streets, 300 Fourth Avenue, in the City of Seward, Alaska. I This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward, Alaska, this seventh day of October, 1963. Clmn. Kirkpatrick - I move for approval of Resolution No. 339 as cor- rected. Seconded by Clmn. Vincent. All in favor. -Myr. Stockton advised that it was necessary for him to depart at 10:00 p.m. at which time he called recess. At 10:15 the Council reassembled and Clmn. Vinc8nt moved that in the absence of the Mayor who has asked to be excused that Clmn. Kirk atri k fill his seat for the rest of the. .meeti . Seconded b Clmn. . All in favor. Acting Mayor Kirkpatrick rec~nvened the meeting and no ed that all members, except Mayor Stockton~~9re present at the recess were present at the reconven- ing. ~~~ Item 5F -Approve plans for Public Works Building - The Manager showed to the Council for the Architect the changes which had been made since the plans and specs were first presented to the Council. These in- cluded such items as concrete boiler room to meet the fire code, insu- lation and sheet rock in the ceaing instead of the open rafters; plans for an alternate for the installation of the floor in the machine shop, pit and equipment storage; another alternate covering the crane rail and hoist; and a third alternate covering part of the~uipment storage. The Manager reviewed the planned location of the building, its location on ~he p~erty, general design details, etc.; advised that theJRre-prelim- J.naryf_...-r--~",':planB had been approved by the Counci~.,,-". =:;=::===:::=:~=~~~:..::~::;m advised that it was his recommendation and the recommendation of the Architect that these plans be approved. To Clmn. Vincent's question the Manager advised that the building was 72' x 52' estimated cost of $72,000. Clmn. Lantz. I would move for approval of the preliminary plan 62 .-.:-; Regular Meeting October 7, 1963 for the public works building. Seconded bv Clmn. Vincent. All in favor. Item 5H - Approve plans for Elevator in Seward General Hospital - The Manager advised that since the Council had already approved the pre-preliminary plans and the preliminary plans did not arrive in the mail today, that he would ask the Council to table this until the next Council meeting. Acting Mvr. Kirkpatrick asked if there was any objection to tabling this item and there was none. litem 6A - Proposn offer from Gateway Development Co., Inc. to develop mineral bearing ore in the Brownell Homestead and establish rate of return to the City - The Manager advised that four of the principals of Gateway Development Corporation were present and could present their statement; that he would state that this contract proposal was prepared at his suggestion since an agreement would enable the City to proceed and make a basis on which each party could negotiate toward a final document; that the City Attorney has not reviewed this proposal yet, since there seemed no point in doing so until the views of the Council were known. The Manager noted that Gateway Development he believed had played a key part in the smelter coming to Seward and this was confirmed. 1\.."') u: t"""'. r ~ - I Mr. Bill Knaack for Gateway Development advised that under their arr- angements with the smelter firm, that it was necessary for them to assume the responsibility of supplying sufficient ore to keep the smelter operating 365 days a year, the continuous operation being an integral part of the operation of such a smelter as needed for a feasible operation; that this area is not particularly rich in ore of this type, but that the main reason for the smelter being located in Seward is the availability of ore in the Brownell Homestead to keep the furnace going all the time if other supplies of ore are not readily available. Mr. Knaack said that he had just received an assay report on the ore today and that it was not very good, but will serve to keep the furnace running all the time. Mr. Knaack advised that he believed it was essential to take actionon this as fast as possible to assure the plant coming in, and that he person- ally would like to see the Council approve the agreement as he thought the total operation would be a wonderful thing for the City of Seward and would bring a good payroll to Seward. Actg. Myr. Kirkpatrick assured Mr. Knaack that the City was also anxious to bring all new indusnries to town. Clmn. Vincent asked for discussion on the type of agreement, think- ing of Section 12 of the Charter requiring other than real property contracts to be completed in five years. The Manager advised his recollection of the City Attorney's opinion that this would be a real property matter, but that this should come from the Attorney direct. Myr. Kirkpatrick noted the proposal contained provision for a lump sum payment of $100. and asked what was envisioned in the event they would run into a real good stretch of ore. Gateway Development had no alter- nate proposals at this time. The Council discussed whether to under- take an item by item reading and negotiation of the proposal at this time, or since the City Attorney would be present the following Monday for special meeting, to lay this over till then. Mr. Knaack requested the Council to act with all possible speed. The requirements of the Ordinance No. 315 regulating all real property transactions were re- viewed. Mr. Ray Billens advised he did not think this was a good approach for Gateway Development, and contendtg that they already have a legal contract to mine the Brownell Homestead, that perhaps it would be better to amend that contract. The City Manager said that he would disagree completely with Mr. Billens in this instance, that they do not have a legal contract with the City in his opinion, but again that this should be taken up with the City Attorney if the Council desired to proceed. The Council advised Gateway Development that it was interested to proaed with negotiations, would like to meet with the City Attorney and them and though Gateway urged a ten- ative adopting of the proposal with some technicalities to be worked out, the ICouncil advised that it was not at this point yet, and espec- ially the new members it was felt should have an opportunity to famil- iarize themselves with the proposal. Clmn. Lantz - I would move that this item be put on the agenda for the special meeting next Mondav night and urge the group to have their representative here at that time. Seconded bv Clron. Shaw. All in favor. The Manager advised that he would place this in the hands of the City Attorney with request for handling as expeditiously as posSbie; noted also that the Attorney had been requeted to review and recommend on Ordinance No. 315. I ,jj Regular Meeting October 7, 1963 63 Item 6B - Resiution No. 337 approving terms and conditions of easement~ from Alaska Railroad to the City for water main - The Manager reported that the City had had to cross the Railroad Reserve with the water main in order to get sufficient water pressure to the shrimp canner~ at Halibut Producers; that he objected to the~ee of $35.00 plus ~25.00 per year as the Railroad has many things from the City without fee, but this is the best he could negotiate with them, that the terms of the easement were good and he would therefore recommend its adoption. Reso- lution No. 337 was read as follows: RESOLUTION NO. 337 BE IT RESOLVED that the City Manager and City Clerk are hereby imstruct- ed to execute and deliver Contract No. 14-25-0003-2474 with The Alaska Railroad granting the City of Seward the right to construct, operate and maintain a water main across a portion of the Railroad Reserve, and to pay the fees set forth therein as such may become due. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward this 7th day of October, 1963. Clmn. Shaw - I move that Resolution No. 337 be approved. Seconded by Clmn. Bedford. All in favor. I Item 6C - Receive request from Mr. Herman Leirer to extend the term of his contract for garbage and refuse collection. The Manager reviewed that Mr. Leirer was present at an earlier meeting to make this request, since it takes some time to negotiate for equipment if the contract were to go to bid again, and since Mr. Leirer would like to know in advance if possible, that this item had been scheduled for this meeting when the new Council could act on it. Mr. Leirer reviewed these items, advised that he was satisfied with the terms of the contract, would like to have it extended for another two years, but also realized that it was entirely the Council's privilege to call for bids if it desired to do so. Mr. Leirer advised that he has tried to do a good job with the contract, and would like to say that he had found working with the City staff pleasant and cooperative. Myr. Kirkpatrick advised that he was well satEfied with the way the contract is handled. Clmn. Lantz noted that he assumed the work was satisfactory with the City, but would like tohear from the Manager in this regard. The Manager advised that in other cities he has had City crews on this work and that it was the greatest source of complaints of any service rendered by the City; that in the 19 months he has been Manager in Seward he has yet to receive the first complaint of this service, and can truthfully say he had never had better garbage and refuse collection rendered anywhere. The Manager reported the finances at approximately $47,000 collected in garbage fees in the City, roughly $14,000 paid as the fee for billing and collecting the charge to custo- mers plus the flat contract fee of $301 to the City for maintaining the road to the dump and opening and closing the trenches to be deductec and this leaving about $33,000 gross profit; that considering the cost of the sanitary truck he believed this a reasonable figure for the past two year period. The Manager noted that he believed the contractor should make a reasonable profit only as an excessive profit would not be fair to the people. Actg. Myr. Kirkpatrick asked what the legal position might be for an extension and the Manager advised he had not asked the City Attorney since the Council had not asked him to do so, that he thought any ex- tension would have to be done in an exact legal, formal manner. The Council requested the Manager to secure the Attorney's advice on this, and Mr. Leirer agreed that this timing was satisfactory with him. Item 6D - Receive DQ$ Cat from School as surplus - The Manager advised that there is certain surplus property which the school and certain other agencies can get at a very minimum cost on the condition it is to be used for their certain purposes, noted that the school has se- cured some of this property for the City where the City does these cer- tain things for the school, and that sometime ago the school received a D-$ cat, a very large piece of equipment, previously controlled by Civil Defense and used in the Resurrection River flood control work ~hen CD w~s.asked to help out there, and af_terward parked at the dump 7n a con~1t10n where the clutch would not work, and having no use for 1t the C1ty had started to take parts from it. The Manager continued that some people wanted it to build the road to Lowell Point but he could not let them have it, the school says they do not want anything to do with it but want to sell it to the City for $1.00. The Manager I 64 . :' Regular Meeting October 7, 1963 continued that Mr. Lloyd Bondan had agreed to put it in condition for use on the building of a road across Lowell Point and on down the west shore of the Bay to Tonsina 'Creek and beyond if at all possible, to then be returned to the City in operating condition and without removing from it any of the parts he had put on to make it operative; that he would save the City harmless from any liability; and that it had therefore been used today to repair the portion of the rQad which had washed out. The Manager advised that he would like permis- sion to receive this piece of equipment from the school; and would like permission to prepare a list of properties which might be surplus to the City and put them up for bid possibly including the cat for which he could see no City need. Clmn. Vincent thought the cat might be of good use in opening streets if the City were to expand, and Clmn. Shaw thought it might be good to have it for such as the flood control work. The Manager advised that he did believe the D-6 would be as good for these types work, advised that this is a very old model, and that they do continue to become available through surplus, if one were needed later on. Clmn. Lantz - I would like to move that we accept the school's proposition and re- ceive this >>-8 Cat. Seconded by Clron. Vincent. All in favor. Clmn. Lantz advised that he was not in favor of declaring the Cat sur- plus at this time, that he understood fromMr. Blondin that the road- work would take some time, that they might go on to say Caine's Head with it, which Clmn. Lantz thought would be of great benefit to the City. Actg. Myr. Kirkpatrick asked if the Council wished an agreement to be drawn up for the use of the Cat. Clmn. Vincent asked how much expense Mr. Blondin had gone to in putting the Cat in running condition and the Manager thought approximately $200-$300., and advised thathe would not remotely have let anyone have this Cat if they were going to use it for personal gain, but that this use was to build a road for the use of the public to an area where there is much public interest. Clmn. Vincent noted that the intent as he understood was at least partly to subdivide and sell property and that personal gain would possibly be involved to that extent. Clmn. Vincent wondered how they planned to build a road without surveying or approval from the prop- erty owner and the Manager advised he had not concerned himself with this, that he had let them have the Cat for use on a pioneer access road and would not remotely have let them have it or consider future use if it was for use in say a subdividing and sale of land program; that he did believe the State would look favorably on declaring such a road a pioneer access road if built at no cost to the ~t~t~~ Qlmn. Lantz advised that his understanding from Mr. Blondin wHtPtH~~nthe Chamber of Commerce would help finance the road building and perhaps also the Airforce and Army. The Council discussed all this in some detail. Mr. Herman Leirer spoke to the Council in some detail describing the type Cat under discussion, about 20 years old, discontinued models, difficult to operate and he thought a market value of no more than $5,000 - $6,000 in good condition, and requested the City seriously consider giving it to the Chamber of Commerce if it did not want it so it could be used for just such road building as under discussion. Mr. Leirer continued that the present pioneer access road goes just to Lowell Point, that Mr. Blondin's plan would take it accross the Point and that he thought the last piece of privately owned property was about half way between Lowell and Tonsina, and he believed from there on would be easy building. He advised that he believed it very important to get a rough road down there and then try to get some help from the State to develop the tourist possibilities and especially toward getting a road to Bear Glacier. The Manager asked if he could have instructions to prepare a document so that Mr. Blondin can legally use this Cat at least a while longer until the road out there is completed and he was so instructed. Item bE - Approve waiving of penalty and interest on B. R. Hollenbeck 1961-62 taxes - The Manager advised that sometime back Mr. Hollenbeck, who has always been timely in his tax payments, advised the City in writing that he was foreclosing on a certain piece of property and to place his name on the tax rolls. The City did not do this on the 61-62 roll and the taxes were delinquent by the time Mr. Hollenbeck called at City Hall to inquire about them in mid July of 1962. He has now paid all the taxes, penalty and interest, but has asked that the penalty and interest on the 61-62 roll be waived and the Manager recommended that this be done. Clmn. Vincent.- I move that we waive the penalty and interest in the sum of $29.92. Seconded by Clmn. Lantz. All in favor. t\., cr., _w ,-.. ~. t:: I - Regular Meeting October 7, 1963 65 Item 6F - Request of Teachers to hold a bicycle race - The Manager presented the written request of the Seward District Teachers Associ- ation Student Activities Chairman to use the City streets for about one hour on October 24th to hold relay bicycle races, the course to be Fourth and Fifth Avenues between Washtgton and Monroe Streets, and with the information that they were trying to establish this as an annual fall event in which a large number of students could participate The Manager recommended permission be granted in support of the aims of the above group, noted that this event would take place during the League Convention, suggested that while the School would be in charge of the race that it would be necessary for the Police Department to be in charge of traffic; that the school insurance would cover any accident if this was supervised by the school, according to his best information though he would want to make sure about this. Clmn. Vincent advised he would like to see this carefully checked out and Clmn. Vincent - I would move that the Council tentativelv approve this bicvcle race contingent upon the School indicating or showing to the Cit that the do have ro er insuran e overage and that the City in no wa will be res onsible for an which mi ht result from this race. Seconded bv Clmn. Shaw. All in favor. Item 6I - City Manager's report - The October 1, 1963 letter from Mr. Donald A. Meyer ofMarshall and Meyer expressing interest in the street improvements bonds was reported. The Manager reported to the Council that probably a statement of interest in these bonds would have to be secured from some municipal bond house in the near future, and there- fore Mr. Meyer's offer of assistance very timely, and also his firm very reputable and experienced in Alaska municipal bonds. (2) The Manager reported two letters from Alaska Barite, advised that he had had several conferences with Mr. John G. Fleming and Mr. Ray Kelly, and that they are trying their best to come into Seward and have made a tentative agreement with Mr. Reilly for the use of part of the San Juan Dock facility, have approached the Union and have learned they would not be unreasonable in their approach, have appro- ached the Railroad for rates and this appears to be going well, and have arranged their financing with a high recommendation both for and by First National Bank of Anchorage, and are asking the City by the one letter to grant a l/2~ reduction on the upper step of power, that over 20,000 KWH per month,for off-peak load industrial use, and anti- cipating their monthly use at 40,000 KWH. The Manager advised that one of the things which affects our over-all rate with CEA is peak demand, that he had not talked with CEA about this yet; that he would like the Council to consider that they would reduce this rate if it is actuarily sound and that he could learn this from CEA's very expert rate engineer. The Manager requested permission to write these people that the Cityis taking their request under advisement for affect of the rate, per rate engineers and auditors. Clmn. Lantz asked if it were not so that they have a barge from which they can operate without any outside help and the Manager advised this so, though also he thought the 1/2~ would not keep them out, but make it more sure. Clmn. Vincent asked if it was suggested to give them a cheaper rate than we have given other industries in town and the Manager said not, that any of the industrial users taking off-peak power would get the same rate if one is set; that presently the industrial users want to take the power whenever they need it and this is what creates the high peak. Manager to proceed as requested. (3) The Manager presented the auditor's management letter, noted that he objects to the auditors recommending on management because it is management and he is the Manager, not they, and that they know he feels this way, that there is nothing in the letter which he objects to, pointed out that the auditors are hired by the Council. (4) Reported in detail the progress of plans for the League of Alaskan Cities Convention for the Mayor in his absence, suggested all Council members keep as much time as possible open for these instructive ses- sions and advised that if no objection he would require department heads who do not have other duties pressing to attend the meetings, will require that they attend the banquets and that they participate, advised that unfortunately it would not be possible to invite the gen- eral public due to insufficient space but would try to keep every chair filled. No objection to above program for employees. (5) That G~vernor.Egan had replied to. the Council's request re the San pro pert! W1t~ adv1ce that t~e.Lands D1sposal Officer in Anchorage is conferr1ng w1th th~ Sta~e C1v1l Defense officers regarding their plans for the area and w1th A1r Force proposed recreational people and that when a recommendation is made, he would contact the City. I I 66 Regular Meeting October 7, 196J Special Meeting October 14, 1.963 (6) Has an invitation from CEA 1'0r the dedication of Berniece Lake hydro.. power generation project next Saturday and will plans to attend. (7) A letter from Emmett Hill, President of the Snowdrifters, asking permission for a drag race last weekend but he did not call a special meeting for this - that he was wondering if instead of this sort of thing coming to the Council each time, if the Council would prefer to establish a policy on this sort of activity, and ground rules on which the Chief of Police and he CQuld then administer it. Actg. Myr. Kirkpatrick suggested this be on the next agenda. The complexities of timing the races with an exact date for insurance purposes and pacing these to Council meetings was discussed briefly to the point that this last request of the Snowdrifters did not work out. ~ ($) A public health nurse has been appointed to Seward. The Manager reviewed some of the particular instances, especially a rec.entdl9.tter having to do with a public rooming house, wherein the services of a public health nurse to act in official capacity most vital to the wellbeing of the citizens. (9) That there will be a school for training assessors in Anchorage October 18th - 22nd just before the League Convention, that he had been through such schools and since he desired two employees to know how to do this work, he was asking that Mr. Beck attend this school, and if no objection would so do. Mr. Beck agreed to be the City's official representative at this school. Actg. Myr. Kirkpatrick asked if his information correct that Mrs. Keating had fallen on the sidewalk and the Manager said this was so, that she had fallen just south of the Gilfillen building, that she had inquired of him what she should do and he had informed her to inform the property owner as the City holds the property owner resp- sible and that she should send a copy of such claim on the property owner to the City. Clmn. Vincent moved for adjournment. Seconded by Clmn. Lantz. 12:30 f\."l :z -- ~ . f.i:, a.m. Attest: ;&~~ 2: ~~ Beatrice E. Watts City Clerk-Treasurer Approved: -c:;~ JA. f,dL Pe ry R. Stockton Mayor - - - - - - - - - - - - ------- Special Meeting October 14, 1963 The Clerk advised that Mayor Stockton had advised that he would not be able to be present and therefore motion for acting mayor in order. Clmn. Zentmire - I would like to move at this time that Clmn. Richard Kirkpatrick be appointed as Actin~ Mayor. Seconded by Clmn. Vincent. No ob.iection. The special meeting of October 14, 1963 for the purpose or'''&)l~~o_ sed contract with Gateway Development for the development of mineral under Brownell Homestead and establishment of return to the City; (,) Tryck, Nyman & Associates propose.c! contract for 1 engineering street paving. Resol~~i~~/~~~_)3$; (~ Approval of final plans for public works building~~orize advertisement for bids; ~) Receive Seward Marina, Inc.'s plans for marine way and restaurant; was called to order by Atg. Myr. Kirkpatrick at 8:08 p.m.. Roll was called and those present were: Clmn. Del Zentmire; William Vincent; William Shaw; Bill Lantz; Richard Kirkpatrick and Dan Bedford. Myr. Stockton was absent. The City Manager and City Attorney were present. - The Manager advised that the Planning & Zoning Commission was invited to attend this meeting since, if the mineral ore under the Brownell Homestead was to be mined, it would be necessary to re-zone part of this land, and the Commission therefore had a quorum present at this meeting; also that members of Gateway Development Corporation were present along with Mr. Dorsey, who represented the financial backing for the mining and smelt~~.~e~tl~p~,nt. The Manager then turned the administrative function or1th~ ~~e~1ng over to Mr. Pollock, City Attorney. Item 2 - Proposed contract with Gateway Development - - - Mr. Pollock advised that generally he thought the proposed agreement was fine, but but did need some clarification. He then made the following recommen- dations after which the proposal was read paragraph by paraaaph with I I I .. - .c. Special Meeting October 14, 1963 67 agreements between the parties as follows: Mr. Pollock advised that (1) the area of land involved should be legally described; (2) the instrument is prepared for an initial contract consideration of $100. and nothing more, and that he thought the Council should be aware of this; that his personal recommendation would be to reduce this to say $10. to make a legal consideration and include some provision for the City to receive a percent of gross receipts from the smelter to Gateway Development, that this would be the determination of the Council, and that he men- tioned gross thinking the City would want to stay out of their bookkeep- ing; (3J instead of considering only the right to take minerals out, thought the City should be talking about some definition, and mentioned several possibilities - mineral bearing oil, minerals except oil and gas - and that possibly the City should reserve the right to take gravel for its streets; (4) that they be required to conform to ap~licable ordi- nances such as the handling of explosives within the City; (5) that no doubt Gateway Development would be agreeable to liability insurance to protect the City, particularly property damage, and in this connection he suggested the usual t~t document of indemnity be signed and made a part of the insurance policy; (6) realizing that everyone was anxious to have this come to fruition, that he ~till thought a forfeiture clause wouldre in order so that if the smelter does not come into being in say five years that ~s Agreement would become null and void. The Attorney noted that none of the recommendations were major, and re- viewing the requirements of Ordinance No. 315 regarding the disposal of real property advised that if the Council desired to come to tentative firm agreement at this time, that there was just time to post and pub- lish the proposed instrument tomorrow, hold the required public hearing October 25th, and be able to finalize the document on November 4, 196) regular meeting if this was the wish of the Council. Generally the very comprehensive and detailed discussion of this propo- sal will be omitted with agreement of both parties only recorded: ~. 1, it was agreed the initial payment would be $10.00, with 2% of gross receipts paid by the smelter to Gateway Development to be received by the City, after the third year of the agreement, thus assisting and en- couraging the smelter and mining, but also protecting the Citizens of Seward with a return o~.th~ir real property and especially in the event of a rich find, and the1tft~ee years of the contract to be without the percent of gross to encourage the early bilding of the smelter; that the form of the agreement would not be a royalty contract. To specific question Mr. Dorsey advised that it was the intent to develop the mine and find the ore and not to continue mining unless they ran out of ore coming in from tie other mines in the area. Recess called at *8:45 p.m. for Volunteer Firement to answer alarm and reconvened at 9:50 p.m. with same members present except Clmn. Shaw and Clmn. Bedford. Myr. Kirkpatrick noted that a quorum was present. Continuing with Para 1 - regarding defining the area, while Mr. Dorsey was concerned that they have the ability to follow the vein, and while not knowing where it would lea~ thoug~it would go toward the mountain, suggested that defining the area not be required. The City advised this essential in their view (Clmn. Bedford returned) and in describing exactly what was desired, i.e. say a 500' each way space, starting from a certain space, with no more than a certain number of shafts in this area, Mr. Dorsey advised that they would accept such which were worked out to be: A first shaft area in the Northeast corner of the Brownell Homestead to occupy not more than an area 500' in radius (Clmn. Shaw returned) and two additional shaft areas of same size upon prior appro- val of.the Cg~~x~lb~~Qto location. It was discussed that the City would not obJect to~~uHft~lr~g under the Homestead but that, of course, any tunneling under private property would have to be negotiated with the private property owners; that the City was not going to permit any shaft opening area or explosive work near the School or Hospital. Para. 2 acceptable as written. Para 3 acceptable as written. The zoning requirements reviewed by the Manag@nh~~ctG~~~~his would be an industrial use and since this are pre- sently "'~w~ura have to be zoned industrial, and this the reason for his asking the Planning & Zoning Commission to attend this meeting. Para 4 acceptable as wtitten. Para 5 to be changed to the extent that Gateway Development agrees to not destroy any trees outside the shaft areas. Para 6 to more specifically require conformance with the City's explosive handling ordinance. Para 7 the City Manager suggested something to protect from noise, etc. t)~ Special Meeting October 14, 1963 since the first shaft is fairly near the High School. The City Attor- ney requested permission to study and discuss this the next day, think- ing it might be best to handle through the Courts if and when necessary. Paras 8, 9, 10 acceptable as written, it being clear that the City is protected in Para 10 from the buildings being partially torn down to get the machinery out. Para 11 - City Attorney pointed out that Gateway Development is reserv- ing the right to terminate but that there is no provision for the City to terminate so long as they abide by the provisions of the Agr~ment. Council determined it wanted the Agreement terminated if mining did not start within the first two years of the contract or if a smelter was not operating in the Seward area within the first five years of the contract. 1\..., cr. -. ~. , , er:: Para 12 - The City Attorney recommended some stated period of time before the termination of the contract when notices of desire to negotiate would be served, that as written, the mining would continue, the conditions so nebulous, that even though the two parties could not agree, he thought it could develop a hopeless mess. It was agreed that in the event of a disagreement as to terms and conditions of renewal of the contract that there be arbitration in accordance with the terms of the American Arbitration Board, and the period of time before negotiation for serving notice to be ninety days. Council questioned and it was understood that the earlier discussed renego- tiation at the end of five years was dropped and the above causes for termination by the City agreed to. The City Attorney's recommendation at beginning of this item regarding insurance, document of indemnity and explosives agreed to. Description of minerals which Gateway Development may mine to encom- pass all mineral bearing ore except oil, gas or any pebroleum product, and the City to retain the right to take gravel from the area. Item 3 - Tryck, Nyman & Associates proposed contract for engineering street paving - Resolution No. 338 - Mr. Charles Tryck was present to present the proposal as revised from October 7, 1963 presentation. The City Attorney .advised that he had a few questions which could ppob- ably have been worked out before the meeting had there been time to do so. and locations Para l.(c) as to why detailed drawings~of easements had not been in- cluded, Mr. Tryck advised they did not think there would be any right- of way problems, an~ that it is not normally the province of the en- , gineer, if handled is done on a daily fee basis, and understood the ) City desired_ a stated fee in the agreementl that the fee for such in recent contract with City of Anchorage was ~48.00 per day. The City Manager advised that the City did not anticipate any right-of-waY problems unless possibly through the Railroad Reserve, and that it might be better to have it in the contract than have to come back later if needed. Decision as to where to place it left for later. Para l.(e) The City Attorney questioned if there was any possibiity of added engineering costs if the material from Jap Creek was not feasible withoutcrushing, and if so if the agreement should not go into this. Mr. Tryck advised that the engineering costs would re- main the same, that only the construction costs would be different; and explained how this job will be different in that their firm'will establish the exact paving material specs before advertising instead of the usual establishment of a broad band of acceptable material in the specs and the contractor developing the exact material. He continued that they were anticipating that the City will authorize this in the specs and the contractor will agree to reimburse the City for such expense of developing the exact material. Para l(e) acceptable, with addition of "and contract documents" Para l.(f) to include that the Engineer will attend the bid opening. Mr. Tryck advised it was their intent to do these things and shOUld have been included in the proposal. Para 1. (i) and 1. (i)2. Mr. Pollock asked if "general supervision" I I I · Special Meeting October 14, 1963 69 should be included in sub-para 2. Mr.Tryck advised that the reason why "general supervision" is not used but rather "general observation" is that there is a tendm:y to interpret "supervision" very literally and that they are therefore following the trend in their profession and removing this word from their contracts. The Courts, he advised, are holding that as long as that word is there, they are physically respon- sible for the work. The City Attorney advised that he believed this was literally what was desired. Mr. Tryck said this not their under- standing of their responsibility - that in their opinion they provided an engineer to act as inspector of the construction to see that the work which is done is in accordance with the plans and specifications - not to tell him how to do his work; that they hadno objection to the word so long as everyone understands the meaning of the word, and this was reviewed a second time with further detail that if the contractor did not do the work according to plans and specs that the engineer- inspector has the authority to stop the job and make him do the work over, but not to tell him what every man on the job should do. The Man- ager requested, after discussion of the procedures the Engineer would follow if he saw something being done wrong, that the term "general observation" be left in, understanding the firm's position, and that the responsibilities of the resident engineer be spelled out. This agreed and the City Attorney and Mr. Tryck to work this out for inclu- sion in the Agreement. Para II(i)4. The City Atto~y advised particular care should be taken that the contract documents for the construction carry through with the requirement for the contractor to provide survey crew when needed by Engineer for staking. Mr. Tryck advised that this would be done, ~ that this was an unusual provision, but much more economical and better utilizaDion of people than their bringing in a crew. Para II(i)o. The City Attorney recommended wording to safeguard the owner from deficiencies and defects instead of simply determining the work is or is not in accordance with the contract documents. Mr.Tryck explained that this was basically the same sort of problem as discussed for Para II(i)2, that if the contractor does something which the Insp- ector does not see and it is bad, the contractor still has to be respon- sible and would have to repace it. The Attorney said that he would like it to be stronger and see the firms' responsibilities better defin- ed, giving the City assurance of the proper accomplishment of the job. Mr. Tryck assured the Attorney that his firm was responsible to protect the City's interests in the contract by the same professional standards as he advised legally; it was agreed that a suggestion from the Manager that the same approach as Para II(i)2 in setting out the details be employed in this paragraph. The Attorney then asked to relate Para II(a) back to Para l.(b) at which time the preliminary drawings would have been submitted and a total of $2800. due and the date be set when these other items complete And the other payment amounts, intervals and progress of the engineer- ing was reviewed, and i~was noted that this engineering is also for the $31,000 value work to be performed by the City employees, or a total of $243,500 project plus the $15,000 contingency HHFA requires. Para III was discussed and the terms defined. Mr. Tryck advised that IIreadiness to serve" was a common engineering term meaning availability; that per diem could be estimated as carefully as possible but that it cannot be known at this time what the wages of an engineer next summer will be; and recommended against the City Attorney's suggestion to name a total amount which the Engineer thought he could live with. Mr.Tryck advised that he did not think tiis would be in the best interest of the City to limit the engineering in this way, and create the possibility of their having to put a man on the job without return or having to advise the City they had run out of money in this item and would have to pull the inspector off the job. The Manager suggested so much per day and this was agreeable with Mr. Tryck provided it be set forth that if the contractor chooses to work more than eight hours per day that the engineering rate is for eight hours. Clmn. Lantz asked if the City had considered a full time engineer on its staff with the work simply approved by Tryck, Nyman. Mr. Tryck advised that they had been involved in such arrangements and had been very unfortunate experiences, that there is no clear cut authority for the contracting engineer but all sorts of responsibility and they had d~cided to not enter i~to such arrangements any more. The Manager ad- v1sed further than eng1neers are very hard to find, especially in Alaska and ha~ been his experien?e th~t an engineering department is very very expenS1ve. Mr. Tryck adv1sed 1n reply to Clmn. Vincent that the const- ruc~ion would be estimated for at least a three month period, actual pav1ng about two weeks. Clmn. Vincent asked for further consideration '70 Special Meeting October 14, 1963 of Clmn. Lantz' suggestion. The basis of the $14,000 fee plus the engi- neer-inspector was asked and Mr. Tryck reviewed that they estimate as closely as they can the time that will be required and can estimate fairly close except on construction time, so much depends on the con- tractor, pointing out that if the City gets a good contractor and the project moves along, that possibly two months construction perlod in- steadof the three would result. He advised to question that the com- parative proportional estimate of $10,000 engineering fee for the lapplication to HHFA was an estimate for the purpose of getting the application on record. The Manager asked for a penalty clause in the contract document in case the conbractor does not have t~e job ftished in a certain number of days, in an amount sufficient t8 least pay the engineering fee for those days and this agreed. The possibility of a City Engineering Staff was discussed further. The Manager recommended the City not take this step due to difficulty in finding qualified persons willing to accept short term employment; the continuing presence of supervising engineering expense. 1\.-' cr.. r-: L:. ~ It was agreed that the Engineer would work up a fixed budget to be in- cluded in this Agreement, same to be based on an eight hour day. Mr. Tryck advised he was sure the net result would be about the same as he intended to do a good economical job for the City by whatever method. Contractor's perogative to work more than eight hours per day and City's decision whether it wants engineering beyond eight hours if this results. Para IV - Mr. Tryck advised that in order to meet the time schedule of HHFA, it is necessary for them to do the survey and design work con- currently and particularly necessary in this job because the City people need the information for the work which they are going to do this fallyet if possible, but also if the project is dropped, that his , firm wants to be assured it will be paid for the work done. The Manager advised that HHFA was aware the City had proceeded in this manner and he has been assured verbally and by wire that the Government will pick up its share of the obligation if the plans become public property. Mr. Tryck reviewed ~he intent of Para III that if the project were can- ~ celled, and if at that time they had 50%, or some major part beyond 20% , of a portion of the plans finished that they would want to take ) total payroll cost plus the 100% markup plus travel expense, plus blueprinting and any other expenses not pursuant to their work - on the other hand if they have advanced drawings and have submitted them at final contract stage and the City sees it cannot go with the pro- ject this year or any set year, they would expect to be paid off at 80% of the fee basis. The Manager said he thought this paragraph needed to be reworded, and it was agreed. The various dates throughout the Agreement proposal were set as fol- lows: l.(b} preliminary drawings, November 18, 1963; the Manager ad- vised Mr. Tryck that the City would look to their firm to be aware of all deadline dates and to meet same and he advised this would be done; to his question to the Council if it desired that they get to work on the project immediately, the Council said it did; l.(c) utility re- location, storm sewers by ~ovember 18, 1963 and as much sooner as possible realizing the C~ty~~ need; l.(d) final design drawings etc. by December 11, 1963; and'r~~al drawings, specifications, project bid forms by December 20, 1963. Mr. Tryck advised that their perfor- mance schedule will be tied directly to the City's approval as they go along so that if it could approve the various stages within two or three days as received, it could move right along; that he had tried to set up deadline dates on Council meetings where possible. Bond election date to be set in when received from bond attorney. Clmn. Vincent asked if a resident engineer were not satisfying the City if the City would have to pay for his services and Mr. Tryck said not, but that this is pant of what the 100% markup is for, to pay for his getting down here and making sure his work is to the satisfaction of the City. The City Manager recommended passage of Resolution No. 338 which was read as follows: RESOLUTION NO. 338-A BE IT RESOWED that the City Manager and City Clerk are hereby instructee to execute and deliver AGREEMENT FOR PROFESSIONAL SERVICES dated the 14th day of October, 1963, providing for engineering and construction inspection of the City's street improvement and paving project, also known as ACCELERATED PUBLIC WORKS PROGRAM, HHFA, APW- I Special Meeting October 14, 1963 71 ALASKA-26G, by TRYCK, NYMAN & ASSOCIATm. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward, Alaska, this 14th day of October, 1963. Clmn. Zentmire - I would move for the adoption of Resolution No. 33$-A accepting the contract with its changes and alterations as ~----~._~ discussed this evening. Seconded by ~lmn. Shaw. All in favor. 4ctg. Myr. Kirkpatrick called recess at 10:55 p.m. and reconvened the meeting at 11:05 p.m. with the same members present as at the recess. Items 4and 5 - Approval of final plans for the Public Works Building and the Hospital elevator and authorization to advertise for bids - The Manager said he would ask these items be considered together and the approval of plans withdrawn because the plans had not arrived, but that the advertisement be authorized as of October 21, 1963 for bid opening on November 12th at $:00 p.m.; that this is beyond the deadline but he has verbal approval of an extension from HHFA for the reason that Mr. Lane has had to put so much extra time in on the fire station, and that while HHFA has done this this time, they advise they will not do so another time. Clmn. Vincent - I would move that the City Manager be authorized to advertise the bids on October 21. 1963. same bids to be opened on November 12th for the Public Works Building and the Hospital Elevator. Seconded bv Clmn. Zentmire. Clmn. Lantz asked if this meant automatic approval of the plans and the Manager said not, that the plans would be presented the 21st for Council action. All in favor. Item 6 -Re~~iv~aS~~~~~ R~rig~~tt~~.~~dp~~sPrg~efu~~r~~ ~~~s~g~'restau- rant - The plans, which had previously been circulated among the Council members, were reviewed by Mr. Pendergrast, Architect for Seward Marina, Inc. To' question Mr. Pendergrast advised that they say the capacity of the ways as designed is 200 tons and with a safety factor of approximately 100%;9n the number of wheels, that they had rated them at 5,0006 capacity by manufacturer and the architect had consid- ered them at 3MH capacity. He advised that the way will take at least an 80' vessel and if wanted to overhand each end could probably take more depending on the boat. Clmn. Vincent asked if the discussion originally was not for a 400 ton way and the Manager reviewed that Mr. Jackson had said he could buid such a way, but that the document says 200 tons. Mr. Pendergrast said this was part of the reason why they had over-designed. To question as to how the rating for insurance purposes would be accomplished, he advised that the insurance companies would go over the plans and rate it for their purposes. Mr. Pendergrast The Manager asked when the ways could be built and advised that they could meet the contract schedule. Clmn. Lantz asked what the level of the ways would be and he said about the same as the present one, a little lower, but that the boat would be above the water line. Actg. Myr. Kirkpatrick asked how much above mean low low water the ways would be and Mr. Pendergrast said at high water line, they could take a boat with a 13' keel out, that at mean~vel or average tide level, they could take a boat with an B' keel out, and thought there were very few that were that deep. Clmn. Lantz asked how far out the ways would extend and he said about 460 feet in comparison with the 600 feet of the previous ways. Clmn. Lantz explained his concern for possible collision and damage. The Manager advised that the Corps of Engineers would have to approve such a structure and he imagined would require a dolphin to protect and call attention to the ways. In reply to Clmn. Zentmire's question, Mr. Pendergrast said there were three separate cradles designed, but not three separate carriages, and in discussion it was pointed out that the middle one would have to release its boat first in order for the other two boats to be taken off. The City Attorney advised that he needed a survey of the entire Small Boat ;Harbor area for the writing up of the contract. The Manager said he could give him the deletion from the Seward Fish & Cold Storage Lease survey, otherwise will have to wait for Tryck, Nyman to have people in town next week. Clm~. Shaw - I move that the marine wavs plan as pre- sented by Seward Mar~na. Inc. be accepted for preliminary approval. Seconded by Clmn. Lantz. All in favor. 6B - Mr. Pendergras~ advised that Seward Marina had instructed him to ho~d up. the restaurant plans pending further information, and Mr. Jackso sa~d th~s was due especially to the needed survey of the entire Small Boat area, and advised to the Manager's suggestion that a considerable I I 12 Special Meeting October 14, 1963 Regular Ivleeting October a, 1963 amount of money could be saved if this could be worked survey work, that he was not in a situation where this in any way hinder them. Clmn. Vincent - I move we adjourn. in with other delay would "''':; r/:,. ~~ L'; ~ Attest: ~d ~~cd&- Beatrice E. Watts City Clerk-Treasurer 12:00 Midnight. Approved: a~ a Lc4J Perry R. Stockton Mayor - - - - - - - - - - - - - - - - - - - - - Regular Meeting October 21, 1963 The regular meeting of the City Council of October 21, 1963 was called to order by MayorlPerry Stockton at 8:05 p.m. Roll was called and those present were Mayor Stockton, Councilmen William Vincent, Bill Lantz, Dan Bedford, Del Zentmire, William Shaw. Clmn. Richard Kirk- patrick was absent. The City Manager was present. Item 2 - Minutes - the Clerk advised that the minutes of the October 7, 1963 regular meeting only partially transcribed. Myr. Stockton suggested acting only on the September 16 and October 2 minutes, through page 55, and advised that he had received request from former Clmn. 'Walker for correction of "curious" D from "cross" on ninth line from bottom of page 44; and that in regards the City competing with Seward Marina, that she did not say"she would like to see" on page 47, first paragraph, but rather "that if anyone was worried about the City competing, this could be taken care of by addition of a paragraph in the contract stipulating this not to be done," and he requested these corrections intheminutes of Sepember 16, 1963. Clmn. Zentmirel- I would move the approval of the minutes of theregular meeting of Septmeber 16. 1963. page 48 to page 55 inclusive of the October 2 meeting. Seconded by Clmn. Vincent. All in favor._ The Clerk advised the Mayor and Council that Councilman Zentmire had taken the Oath of Office a few days after the October 7, 1~63 meeting ~ at City Hall and that she had delivered the Certificate of Office for two-year Council at that time. Item ~A - The Manager advised that Mr. Thomas Johnson, Student Activ- ities Chairman of the Seward Teachers Association had requested to be on the agenda Friday and since the agenda out early due to Alaska Day holiday, he was asked to be present. Mr. Johnson addressed the Council and introduced the other members of his group, Mr. Webster, Coach, Mr. Buck, Teacher and participant of Student Activities, Arlen Hamilton and Sally Landers from the Student Council. Mr. John- son reviewed the previous discussion and decision of the Counci~ with regard to the bicycle race desired to be held on the City streets October 24, 1963 (See Item 6F, Page 65, October 7, 1963), and advised that they had made every effort to secure the insurance required by the Council and had learned after going so far as Lloyds of London that the proposed activity simply could not be insured for the haz- ards the Council desired to be covered. He described the interest that the students have in the race as evidenced by the fact that abuut sixty racers are signed up; that the School Board and School Administration approves such a race; that it would involve the 6th grade through high school. He requested the Council to lift the re- quirement of insurance to hold the City harmless, advising that it would be required of all races to have a personal accident insurance coverage. Clmn. Vincent asked if a special physical were being giv- en the ra~5n~~" J~9~ said not. Clmn. Vincent indicated he thought thl.s "W~'\1'i'd"'tte 'trlfto'6ct''1dea and mentioned a case which caused him to think so. It was explained also that the teachers of the 7th, 8th ; and high school WQuld be supervising the race. The Council asked the Manager's recommendation andhe advised he recommended for grant- ing the request since the City cannot always fully protect itself from every risk, that it is a fine thing to secure this much parti- cipation of the students and the cooperation of the school gener- al19Y the police department, etc. made for very good public relations. Clmn. Zentmire - I would move that the reQuirements for the liabil- ity insurance be waived on this particular race and that also a slip from the parent accom~any the racer Ok'in! him to be a parti- cl.pant l.n the race. 5econ ed by Glmn. Shaw. 11 in favor. Item 4A - Mr. Herman Leirer's request for extension of the term of his contract for garbage and refuse collection. Resolution No. 341. I I I Regular Meeting October 21, 1963 73 The City Manager reviewed his comments and recommen~ation of Octob~r 7 1963 meeting (See Item 6C, page 63,Minutes); advlsed that the Clty Attorney, in response to the Council's.request for advise from the Attorney on such an extension, had ad~lsed n~ problem, had.further.sug- gested the Council might want to conslder th~s as a fra~c~lse serVlce strictly limited to the individual Herman Lelrer and ellglble f?r longer periods of contract term. The Manager strongly recommended ~galnst. . this approach due to the many conditions which can. affect thlS ~en~ltlve service and believing the shorter term more effectlve for the Clty s needs. Mayor Stockton advised the new members of the ~ouncil that this service has been very successfully performed by Mr. Lelrer. Proposed Resolu- tion No. 341 was read as follows: also propose~ Exte~sion Ag~eement read for the benefit of the audience, the Councl1 havlng prevlously re- ceived copies. RESOLUTION NO. 341 BE ITRESOLVED that the City Manager and City Clerk are hereby instructed to execute and deliver EXTENSION AGREEMENT providing an extension of term for two years to CONTRACTUAL AGREEMENT FOR THE COLLECTION AND DIS- POSAL OF GARBAGE, REFUSE AND WASTE PRODUCTS between the City of Seward and Herman Leirer d.b.a. Seward Service of Seward, Alaska. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward this 2ls~ day of .October, 1963. Clmn. Lantz - I would move for the approval of Resolution No. 341. Sec- onded by Clmn. Bedford. All in favor. Mr. Leirer thanked the Council for its action, offered to answer any questions, and noted a few facts regarding the service pertinent to the City such as the $3612. annual fee paid by the Contractor to reimburse the City for maintaining the road to the dump, opening and closing the trenches, and that the service to the City including the harbor area is free or about 680 stops a year free. Item 4B - Request of Seward Snowdrifters for rules for operating drag races in the City - (See Item 6I(7) of October 7, 1963 Minutes){Pg.66). The Manager reviewed that the Snowdrifters had been wanting to hold another race but that the Council did not meet before the date they wished to race, that he and the Chief of Police thought the best way to handle this would be to have rules established by the Council to cover all future races. He recommended that these include briefly: (1) That the Association would secure permission from the State Highway Department to use the Highway; (2) The Association to have liability insurance protecting the public from any act resulting from this race; (3) written set of actual operating rules to be approved by the Police Department, and noted suggestion made that these be the rules written and adopted by the National Hot Rod Association. Later Mr. Emmett Hill advised these the rules they use plus a few of their own, and that they expected to soon be affiliated with the National; (4) Limits as to the number of races that could be held in some given period of time; (5)That such items as responsibility for the streets, traffic, etc., already the responsibility of the Chief of Police, 50 remain; (no need to include in any agreement). To the Mayor's question, Mr. Emmett Hill advised that they had discussed these items with the Manager and were entirely agreeable, that they had also talked to Mr. Jenkins of the Highway Department in Anchorage, whose sole requirement on them was that each time they race they have the prior permission of the City Manager relayed to Mr. Jenkins by Mr. Harri. s?n and t~ey.will then iss~e a highway closure permit; that they would 11ke permlsslon to race tWlce per month but entirely satisfied with once per month, no racing during the winter or slippery road conditions at all. ~imits of.ins~rance d~scussed by Mr. Tom Smith, agent for the Snowdrlfters, wlth lnformatlon that the $100,000 limit requestedby the Manager cannot be secured even from Lloyd's of London that only a Itj'~~ $15,000 single limit is available. The Manager to le~rn what limit is required by Palmer races. Myr. Stockton concerned that $15,000 too littlE Clmn. Lantz called attention to possible conflict of road use especiallJ b~ trucks for which the detour might be inadequate, and the Ma~ager ad- vlsed he would plan to authorize races only on Sundays when the docks are closed to trucks anyway. The insurance items was discussed further th t th A " , a e ssoclatlon coverage would be over and above private insurance, that Alaska law does not re- 74" Regular Meeting Oetooer 21, 1963 quire an insurance policy but rather financial responsibility, and to the Manager's question, Mr. Hill advised that it would not hamper the racers or races in any way if the City were to require private insurance in addition to the Association insurance. ~, C/J r-: r; tr.: Clmn. Vincent asked how much disapproval voiced by the residents on Fourth of July due to the races. The Manager reported only one com- plaint and that due to the dust caused by the racers going back to the starting point by way of the detour, plus the normal detoured traffic on such a holiday, that any future races would have to be conducted entirely within the Third Avenue area, that he had been busy with the Fourth of July celebration and only briefly observed the drag races, that the Chief of Police had been satisfied with the conduct of the races. The Manager clarified that the chief of Police and he would want auth- ority to approve each race date or deny due to various factors, par- ticularly other activities in the community. Clmn. Zentmire - I would move for the approval of the Seward Snowdrifter's races as the rules and operation of the drag races have been recommended by the City Manager and the Chief of Police. Seconded by Clmn. Lantz. Clmn. Lantz asked for clarification on the rules and Clmn. Zentmire advised that the intent of the motion was that the minimum rules ould be those of the National Hot Rod ssociation lus the rules a roved b the Chief of Police and the City Manager. Vote - All in favor. The Manager advised that he would have the rules~ A~tc._9:rawn;;up~-in,an agreement. Item 4C - Receive final plans for the Public ~rks Building -Mr. Roland Lane was present to review the plans for the Council and the Manager advised that he had invited on behalf of the Council the members of the Planning & Zoning Commission because under the P&Z Ordinance all buildings of public use and on public land, noting that this land has not been dedicated, should be approved by the Planning & Zoning Commission; that the plans had not been presented to the Commission before because the City did not have any prior to Sunday when these plans were presented to them, and that they have been meeting this evening with Mr. Lane. The Manager advised that ~ he and the Street Superintendent had no further comments on the plans, I except they would like a sma~l door on the East of the building rather than on the North for such things as checking anti-freeze and not have to open one of the big doors, and would recommam ~oing this by change order. Mr. Tom Smith. President of the Planning & Zoning Commission said they had looked over the plans of the Public Works Building and have unani- mously approved the location. design. etc.. and the same on the Hos- pital Emergency Elevator in an as is condition. Mr. Lane then presented the plans to the Council. Clmn. Lantz asked if the grease pit was to be changed from one of the center stalls and the Manager noted this was a request of the Street Superintendent but not yet changed because he was not yet convinced this was the best way andMr.Lane has not had an opportunity to study it. Clmn. Lantz also asked about the usejof 14' doors instead of 12' doors. Mr. Lane advised this would entail ra~sing the height of the whole build- ing overall for the overhead crane, and noted that there is still the provision of adding a bay which could be the higher dranesj this same type prob~em was discussed in connection with possible need for longer storage area H' say a longer bus were purchased by the school. Mr. Lane advised that this is a regular type problem encountered by cities in planning, that one can anticipate extra needs and the build- i ing gets larger and larger, but that he has to design within the money ava~lable and these extras cost at the expense of something else. Clmn. V~ncent asked if Mr. Lane had designed sim~~ar bu~ldings in ~ A~aska and discussion re costs per square f~, Mr. Lane advised that simi~ar buildings he had designed for in Anchorage were not compar- able in cost because there it had been necessary to tear out old buildings while this is a cleaner job - that it had run about $1$. per square foot in Anchorage also for a high loft and much heavier duty crane. To further question Mr. Lane advised that he believed this was a very neat clean building without embellishments of any kind, noted that he bids were called for agreed deductiblesbeginning with the crane rail system and hoist and other deductibles right down to the shell of the building so it would be possible to deduct every- thing right down to the shell of the building which may be necessary if the bids come in high he advised. I Regular T.leeting October 21, 1963 . 75 Clmn. Lantz commented on the 550 gallon fuel tank and asked ~f thlS was for purchasing efficiency and the Manag~r explained t~e City's sealed bid fuel contract on per gallon bas~s, tne tank s~ze chosen by the Architect as adequate due to ease of delivery in the City and cheaper than the other choices. Clmn. Lantz asked if the heating system would be controlled to keep the offices from getting very hot when the doors opened to move large equipment and Mr. Lane advised this was automatically controlled and with manually operated dampers, that he had a very good heating engineer and this problem had bean given careful attention. Clmn. Vincent - I would m~e for the approv- al of the final plans for the Public Morks Building. Seconded bv Clmn. Shaw. All in favor. Regarding the Fire Station - Mr. Lane advised ~hat he h~d set up the required meeting between City, H~FA.Representa~lve and h~mself fo: the followingmorning, and asked ~f ~t was the ~ntent of the Counc~l to authorize him to act for the City in all matters, thinking particu- larly of the fact that HHFA has a check to deliver. In reply to ques- tion, the Manager advised that since Mr. Lane acts for the City that he believed he was the proper person to authorize, except that he would want to reserve the right to be present at the final meeting and the final inspection, that of course Mr. Lane cannot sign for the City on anything, but would be the proper person to represent on behalf of of the City in negotiations. Item 4D - Receive final plans for the emergency elevator in Seward General Hospital - Myr. Stockton noted the earlier approval of the Planning & Zoning Commission. The Manager read a letter dated October 21, 1963 from the Chairman of the Directors of the Peninsula Community Hospital Association wherein this Board's acceptance of the plans is recorded with three requirements re heat for the vestibule, a deductive for interior and exterior painting and a deductive for manual controls of elevator doors, and all subject to the requirements of the Alaska Department of Health. The Manager advised that Mr. Raymond Lee, Chairman of this Board,was present, that since this body is putting up the money and responsible for operating the Hospital, that he would certainly recommend their desires be met if possible. Mr. Lane advised their comments had been most helpful, that he was sure the painting deductive would be o.k.; that he is quite sure the books say that elevators not regularly manned must be automatic, but will check it out; that the hot water heat for the vestibule will probably work out as they found some lines they may be able to take off from; that any of these items should be by m~--e_m_~~_- addendum as they are ready to go to bidj that if it was reasonable and feasible after checking out especially comparative costs, he would have an addendum issued. elmn. Zentmire - With :the recommendation of the Hospital Board and the City Planning & Zoning Commission. I would move for the approval of the emergency elevator in the Seward General Hospital plans as amended. Seconded bv Clmn. Lan:t:z. All in favor. Mr. Lane called the Council's attention to the deadlines for on-site work on these two projects, that Alaska Department of Health had granted an extension and HHFA had granted an extension on the elevator and he wanted the Council to know that they had not sidestepped the City's projects but could notwork up this technical data any sooner, that he believed the City would find the work very accurate, that both were good clean projects; that he and the City Manager also had assurances from both agencies regarding the elevator that there would be no difficulties whatever due to running over the time period. Mr. Lane advised that this was the final session in the design phase but they would be here in the construction period. Mvr. Stockton called recess at 9:30 p.m. and reconvened at 9:45 p.m. noting same members present as at recess. I I Item 5A - Receive 1962-63 audit report from Peat, Marwick, Mitchell & Co. -. Mr. Pat Head, Au~itor in charge'of this report, reviewed the aud~t page by page, w~th comments from the point of view of an auditor or ,accountant reading such a report. Mr. Head noted particu- larly the $93,000 cash generated by the Electric Department for use to pay off long. term debt; that the $226,000 general obligation issue for.1962 water.~mprovements was shown in the City books since the ord~nance prov~des for r~payment by tax levy and any other legally ava~lable funds, that th~s had been talked over with the staff be- fore t~e meeting and it was realized that the intent was to pay this debt w7th.W~ter.Department revenue but that it legally had to show as ~ l~ablllty ln the City bOOks for the reason above stated. He noted agaln t~e subst~ntial effort of cash generation for paYlng off bonded debtl- ~35,000 ln the Water Department. Further that for the first 76 Regular Meeting October 21, 1963 time in several years neither department was deficient in the revenue requirement in relation to average annual debt requirement and expense of operation, though the Water Department was still deficient in its actual cash reserve requirement, and it was noted that this situation has existed for many years, each year getting nearer the maximum re- quirement from the zero start a few years ago. Mr. Head discussed the schedules titled "Disposition of Funds Provided i'rom Operations and Other Sources" for the Electric &. 1Water Depart- ments, the value of this data to the Council, and the indication that the Departments had been well managed. Mr. Head reviewed the Management Letter with the prior comment that their service here is toward suggestions for better internal control or better management of funds, that there are things to consider apart from the ideal, such as is a particular ideal control worth the added cost over an adequate but perhaps faulty but less expen- sive control, and that these things require constant sur~llance as instigated by the Manager and passed down to Mrs. Watts and the Controller. These items were then reviewed and discussed briefly in connection with long-term plans presently under way by the staff, concluding that he was very well impressed by the City's procedures, especially purchasing procedures of getting cost quotations or bids and would certainly like to see the next steps taken along the lines recommended; most items ~ self-explanatory, as set forth in the Management Letter. Myr. Stockton asked for questions.F~~~. Walker asked for a few ex- planations satisfactorily made..No~'clear just where the Small Boat Harbor warehouse rental shown but assured that rental had been col- lected for part of the year. She asked about the $2,000 reserve for replacing ~ehicular equipment which had been budgetted in the Electric and Water Departments. Mr. Head advised that he had taken this item out though the starf had set it up and it had been discussed at great length, that the accounting system did not contain provision ror such a reserve and while they had at the tXe of the audit agreed to leave it as set up, later took it out, that if the Council wanted to reserve cash as he understood, that there should have been an actual segre- gation in a different bank account, but also that it seemed the action wanted the money to be available for use. Mrs. Walker asked how this should have been done and he advised under this accounting the only way was an actual physical segregating of cash. The Manager asked if it could be done through the budget and Mr. Head thought no a bud- get item. Clmn. Zentmire asked that this item be solved so the Council's instructions could be correctly met and Mr. Head was asked to write a letter setting forth exactly what should be done to accom- plish this. Clmn. Zentmire - I would move that the 1962-63 audit report presented bv Peat. Marwich. Mitchell &. Co. as presented by Mr. Pat Head be approved as presented. Seconded by Clmn. Vincent. All in favor. Item 5B - Proposed Ordinance No. 327 calling special election to authorize selling general obligation bonds to pay City's share of paving - It was noted that this ordinance required emergency pass- age on this first reading in order to meet the advertising period necessary for the special election and the deadline of HHFA ror funds to be available and on-site labor. Ordinance No. j2'/ was read as follows: ORDINANCE NO. j27 AN ORDINANCE of the City or Seward, Alaska, providing for the submission to the qualified electors of the City at a special election to be held therein on November 19, 1963 of a prepo- sition as to whether or not the City should issue its unlimited tax levy general obligation bonds in the principal sum of $135,000 for the pu~pose of providing part of the funds to improve certain streets within the city by surfacing the same and installing curbs and sidewalks where deemed necessary, and declaring an emergency. WHEREAS, it has been determined that certain streets within the City of Seward, Alaska (hereinarter called the "City"), are in need of improvement by paving the same and also by the installation of curbs and sidewalks where deemed necessary; and WHEREAS, the estimated cost of such plan of improvements has been l'ound to be, as nearly as possible as the same may be determined at this time, the sum of $2(0,000, approximately $135,000 of which will be furnished by a grant i'rom the United States Goverrunent; and "', r/) ('""'~ L:: ti.: -, I October 21, 1963 Regular I't.eeting 77 WHEREAS in order to enable the Ci1jY to use said grant it is necessary th~t it be authorized to issue-its unlimited tax levy gen- eral obligation bonds in the sum of $13:5,uOO to pay the balance of the cost 9f sa~d improvements; and WHEREAS the Constitution and laws of the State of ~aska and the Charter ~1' the City provide that the question of whether or not such general obligation bonds may be issued for,such purpo~es mu~t. be submitted to the qualified electors of theC~ty for the~r rat:Lf~- cation or rejection; I NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section l. It is hereby found and declared that the public welfare, convenience and safety of the people of the City require it to carry out the plans hereinafter provided. Section 2. The City shall improve the following-described streets and avenues within the City by surfacing the same with asphalt pavement, by installing drainage facilities, by installing curbs a~d sidewalks of bituminous concrete where deemed necessary, and by do~ng all other work necessary in connection therewith: On SecondAvenue Fourth Avenue Fifth Avenue Railway Avenue Washington Street Adams Street Church Street Jefferson Street "C" Street crqss- I ~ng. In the event the moneys available to acquire, construct and install said improvements are insufficient to complete all of the same, then those improvements deemed most necessary for the public welfare, convenience and safety by the City Council shall be soacquired, con- structed and ~nstalled. From Railway Avenue Railway Avenue Railway Avenue Second Avenue Second Avenue Second Avenue Third Avenue Second Avenue Third Avenue North To Jefferson Street "C" Street Jefferson Street Fifth Avenue Fifth Avenue Fifth Avenue Fourth Avenue Fifth Avenue Alaska Railway I In the event there is any money left over after the acquisi- tion, construction and installation of the above-described improvements has been completed, then the City shall use the same to improve the following streets by surfacing the same with asphalt pavement, in- stalling drainage facilities, installing curbs and sidewalks of bituminous concrete where necessary, and by doing all other work necessary in connection therewith: On Railway Avenue Adams Street J-efferson Street Sixth Avenue From Fifth Avenue Fifth Avenue Fifth Avenue Railway Avenue To Sixth Avenue Sixth Avenue Sixth Avenue Jefferson Street Section 3. The estimated cost of acquiring, constructing and installing the above-described improvements is approximately $270,000. I Section 4. For the purpose of acquiring, constructing and installing the above-described improvements and in order to enable the 'City to use a grant of $134,500 from the United States Government, the City shall issue is unlimited tax levy general obligation bonds in the principal sum of not to exceed $135,000. Said bonds shall bear interest at a rate of not to exceed 6% per annum payable semiannually, and shall mature serially in not to exceed twenty years from date of issue. Both principal of and interest on such bonds shall be payable put of annual levies to be made upon all the taxable property within the City without limitation as to rate or ! amount. The exact date, form, terms and maturities of said bonds shall be as hereafter fixed by ordinance of the City. . Sectio~ ~. It is hereby found and declared that an emer&en~y ex~sts requ~r:Lng the submission to the qualified electors of the 'City of the proposition of whether or not it should issue said bonds for such purposes, ata special election to be held therein on November 19, 1963. Said propos4t4on .. shall be in the following form: 78 " , Regular meeting October 21, 1963 "', C/) c-- ~ ~ PROPOSITION STREET IMPROVEMENT GENERAL OBLIGATION BONDS, $135,000 Shall the City of Seward, Alaska, issue and sell its general obligation bonds in the principal sum of not to exceed $135,000, such bonds to be payable both principal and interest out of annual tax levies to be made without limitation as to rate or amount, to bear interest at a rate of not to exceed 6% per annum, and to mature serially in not to exceed 20 years from date of issue, for the purpose of matching a $134,500 grant from the United States to surface certain streets within the city with asphalt pavement and to install curbs and sidewalks of bituminous concrete where necessary, all as more specifically provided in Ordinance No. 327 of the city adopted October 21, 19631 BONDS, YES . . . . CJ BONm, NO . . . . CJ -, Section 6. Those eligible to vote at such special election must possess the following qualifications: A. They must be at least nineteen years of age. b. They must be citizens of the United States, and for at least one year preceding the election citizens of the State of Alaska, and for thirty days immediately preceding the election residents of the City of Seward, Alaska. c. They must be able to read and write the English language as prescribed by law. d. They must be registered as electors of the ~ity of Seward and their names must appear on the tax rolls of the City. e. They must not be barred from voting by any other provision of law. Section 7. Registration is required as a qualification of voters at this special election as provided in Ordinance No. 306 of the City. The registration book will be open at all times during the regular office hours of the City Clerk. However, registration shall be closed five days preceding the date of said special election. Section S. Notice of this special election shall be published in a newspaper of general circulation within the City for each week from the dae of adoption of this ordinance until the election date, and the first such publication date shall be not less than twenty days prior to the date of the election. Section 9. The two election precincts within the City shall be consolidated into one election precinct for this special election, and the voting place for such consolidated election pre- cinct shall be at the Log Cabin, situated on the northeast corner of the intersection of Fourth Avenue and Adams Street, 300 Fourth Avenue, in the City. Such polling place shall be open from S:OO o'clock A.M. to S:OO o'clock P.M. - , The judge inspector, judges, clerks and alternate judges and clerks for this special election shall be as heretofore named in Resolution No. 33S of the Council adopted October 7, 1963. SECTION 10. Due to the requirement of the Government that the City show its ability to furnish its share of the money necessary to carry out the hereinbefore-described plan of improvements within sixty days from the date of the Government grant offer to the 'City for its share of said moneys, an emergency is hereby declared to exist, and the rules governing the introduction, reading, passage and approval of ordinances are hereby suspended, and this ordinance shall become effective immediately upon its passage, approval, posting and publication as required by the 'City Charter. Publication of this ordinance shall be made by posting a copy hereof on the City 'Council bulletin board and by publishing a notice of ~he place of posting and a brief statement of the purpose of this ord~nance in a newspaper of general circulation in the City within a reasonable time. PASSED by the Council of the City of Seward, Alaska, and approved by its Mayor this 21st day of October, 1963. . Regular Meeting October 21, 1963 79 Clmn. Vincent asked if the Secretary of State had agreed to the one polling place and the Manager advised that he was committed and would issue the necessary document as soon as he receives a certified co~y of this ordinance setting the election date. Myr. Stockton asked If the grant offer had been received and he was advised not yet but ex- pecting it any day, that the City being given these days to p:epar~. Clmn. Vincent asked if the Manager saw any changes necessary In thls program and if he thought the ~ity could accomplfuh all this. The Manager said he thought well planned and could accomplish on the one condition that the City prepare the sub-grade and that we can use this hearby gravel and ~ot have the expense of ~auling.and cru~hing. I Item 5C - Proposed Resolution No. 340 forgivin~ 1962-63 tax~s on Leo Margules' Northern Lights Claims property glven to the Clty by. Mr. Margules - The Manager briefly reviewed for the new members thls gift to the City and the fact that the prop~rty had appeared on ~he tax roll as the two things occurred about slmultaneously, an~ thls request for authority to remove same from the roll. Resolutlon No. j40 was read as follows: RESOLUTION NO. 340 BE IT RESOLVED that the Common Council of the City of :Seward will forgive the 1962-63 RealProperty Taxes in the amount of One Hundred Fifty Dollars ($150.00) on the property described as Lot 2-3 Miscel- laneous, Northern Lights Claims as this property was presented to the City of Seward by Leo Margules on June 21, 1963. The City Clerk is instructed to reduce the 1962-63 Real Property Tax Roll by this amount. This Resolution to be passage and approval. of the City of Seward in full force and effect immediately upon Passed and approved by the Common Council this 21st day of October, 1963. I Clmn. Shaw - I move the Council adopt Resolution No. 340. Seconded bv Clmn. Bedford. Ail in favor. Item 5D - Various requests for approval of application !'or renewal of iiquor licenses - The Mayor and City Manager reviewed the require- ment under State law and the City Ordinance for these requests for approval of renewal of liquor licenses to come before the Council for approvalor disapproval based on the information required under the law; that these forms have been completed by the iicensees and the City Clerk and Chief of Police. The Manager then submitted his recom- mendation on each application: Seward Elks Ciub, Inc. appeared to be proper in every respect except the Chief of Police had not had an opportunity to complete the f'orm, and anticipating no problem, recom- mended approval pending approval of the Chief of Police; American Legion OlUb sales tax payments delinquent for the months June i963 to and including September 1963 and recommended approvai after payment of those taxes; Northern Bar personal property-tax assessed to Keith Copeland dba Northern Bar as of January i, 1963 on the First Suppie- mentai Tax Roll were unpald & delinquent and recommended it not be approved untii those taxes are paid; the following the Manager report- ed appeared to be proper in every respect and he recommended approvai of the renewai: . Sol Urie, Hilma Urie, Martin Urie and Sidney Urie d.b.a. :Solly's L?unge; Louis E. Thorn d.b.a. Palace Bar; Dorothy Johnson d.b.a. Gll's Lounge; O. B. and Rosie Eitei d.b.a. Flamingo Lounge; J. B. Stanton, B. L. Stanton and R. J. Stanton d.b.a. The Se~ard Trading Co., Inc.; Sol Urie, Hilma Urie, Martin Urie, Sidney Urle d.b.a. Solly's Liquor Store. The Council then examined the appii?ations. C~n. ~en~mire - I would move for the approval of rantln of the II uor ilcenses to the various a iicants as iisted the Cit Mana er with the exce tion of the American Le ion Ciub ~eward s iu and t e ort ern ar untll suc tLffie as t e require- ment~ a~e met and then they also be approved. Seconded byClmn. Shaw. Ail In favor. I Item 5E - Req~est for approval of license for authorized games of cha~ce and skll~ for Seward Women's Bowling Association - The Manager advlsed that thls application was not at the usual time for these ~ut because they need to make some money f'or a convention, this request lS befor~ the ?ounc~l - that the form appeared to be in order and that the requ~red.flnancla~ statement for the previous year had been filed. The appllcatlon and flnancial statement were then examined by the 110 Regular Meeting October 21, 1963 ",- r;r; C"""'" ~ C': Council. Clmn. V-incent:-- I would move for the approval of granting of the request of the Seward Women's Bowling Association. Seconded bv Clmn~ Zentmire. All in favor. Item 5F - September accounts payable - The Manager explained the re- pont schedule form wherein the total amount purchased from each vendor is listed, then broken down for City, Electric and Water Department, then with further coding as to the particular expense code so that by referring to this data in the budget, the purpose of each purchase may be determined from this schedule; written memorandum of explana- tion of unusual items or items of part*~~~a~.i~terest having been previously provided the Council, these cuss~d~further questions. The Manager requested that September rent bill for fire station sleepers in the amount of $125.00 be added to the schedule as this bill not received the previous month andnot paid. The Manager also requested approval of six items which had been paid and booked in the 62-63 books but needing Council approval, $126.~9 to Elmendorf Surplus for various copying devices one of which sold to the Hospital, as well as items for the Electric Department; $100. to the Volunteer Fire D~p~ftment for burning the Sandvig condemned property; $2,320.00 mid- ~lRXf less the withheld 5% to Roland Lane Fire Station Architect; $39.88 and $50.12 finals on travel expense for the Manager and $6.25 Alaska Railroad for freight. Clmn. Vincent - I would move the a ro- val of the Se tember accounts a able in the amount of '21 2 lus the 2 2. of the auditted bills aid rior to a roval. Detail as follows: Alaska Telephone Corporation 42 .90; Alaska Court System $75.00; Alaska Shop $15.00; Alaska Industrial Hardware $34.75; Alaskan Publishing Co. $136.45; Alaska Railroad $369.38; Anchorage Daily News $21.00; Fred H. Arnold $6.50; Auto Electric Sales & Servo $70.09; Blake,Moffitt & Towne $22.91; B & C. Auto Electric $50.85; Bay City Motors $24.55; Burroughs Corp. $7.82; Carrington Co. $157.41; C & S Motors $3.60; Chu~achElectric Assoc. $10,310.40; Don'sCafe/'K-K-. $44.05; Gateway Texaco ~23.00; Great Western Chemical Co. $163.50; James W. Harrison $53.96; James W. Harrison $50.78; Industrial Air Products Co. $40.06; Kenai Lumber Co. $608.72; Line Material Indus- tries $556.48- Roland H. Lane $1,850.00; Leslie Salt Co. $124.30; Mart Variety $4145; Municipal Finance Officers $15.00; Modern Motors $7.30; Nathern Commerical Co. $89.70; Northern Supply Inc. $1,602.53; Northwest Janitor Supply $172.80; Petty Cash $35.78; Petrolane $2.80; Mrs. L. V. Ray 250.00; Rosebud News $3.60; Sears, Roebuck & Co. $30.24; Ed Schwab's Workshop $1.00; Seward Clinic $15.00; Seward Distributors $44.94; Seward Drug Co. $7.00; Seward Fire Department $8.10; Seward Hardware Co. $113.72; Seward Trading Co. $4.86; City of Seward $2,300.75; Standard Oil Co. $1,101.67; Pat Starr $9.00p S.UPP1Y Center $103.87t' ;eHaee-IfteT-$lG3T1G (this a State item); Yukon Equipment Inc. 4.81; Oscar Chappell $15.00, for a total of $21,294.48 (less the 103.10 not City expense). Item 5G - City Manager's Report - (1) That if the Council not object Manager would close City Hall during the style show of the League Convention, since the staff has worked real hard on the Convention and this one function they can all attend if the office closed for this period. No objection. (2) Gave his recommendation that all Department Heads be practically required to ct,tend the meetings when possible for the beneficial information to be so gained, and that their and spouses expenses for banquests be paid by the City. No objection. (3) That the contract with Jim Cameron for the construc- tion of the Fire Station has been signed, approval has been received from HHFA, the Contractor's performance bond has been received and t the order to commence work has been issued. (4) Seward Marina, Inc. has a new harbormaster, Mr. George Tuthill. Also, they are cutting out and removing the old ways and that as previously discussed with the Council and Seward Marina he haa arranged to put one man and the equipment he can operate on this job, that no equipment exc)pt operated by City personnel will be used on this job. (5) That the City has been granted an extention of time on the Public Works Build- ing which is very unusual, and also a verbal extention of time on the Hospital Emergency Elevator. (6) That Councilman Bill Lantz d.b:a. Supply Center and Councilman Delmar Zentmire d.b.a. Mart Variety have filed with the City Clerk the statements required by the Charter when a councilman desires to do business with the City. (7) Noted that the Council had received copies of October 16, 1963 letter to Mr. Tom Reilly of Seward Fish & Cold Storage Co. from Halibut Pro- ducers Cooperative asking that Mr. Reilly aid the cost of replacing the insulation in the ceiling&walls between the old and new sharp freezer areas, rebuilding of the holding room adjacent to the new sharp freeze room, repair of joists in the shrimp processing area, and particularly the implication that he as City Manager had committed Regular Meeting October 21, 1963 81 the City to participate in the cost of these repairs ,and rebuildin~s which Halibut Producers estimated to amount to some $10,000, whe~ ~n fact he had been very careful to advise them that only the ~ounc~l could decide on this, that there was absolutely no ~urp1us ~n the bud- get though possibly already budgetted labor and equ~pment expense could be used on such a project if the Council approved, also th~t ~e had encouraged these needed repairs and improvements to ~he bu~ld~ng. ($) That the League Convention starts Wednesday even~ng,and the sched- ule was briefly reviewed with the Manager a~d Mayor urg7ng all members to attend as many of the sessions and functlons as poss~ble as hosts and for thebeneficial experience it had been found to be by others. I C1mn. Lantz required new item be taken up at the following motion: v l21il and read I e Clmn. Lantz continued that he felt this exp- ense account is needed and justified, due to the fact that it is the City's obligation to stand the expense.of off~cia1s, guest~ and v~si- tors, and executives representing outslde cap~tal, alo~g.w~th var70us other costs incurred in the line of duty to, and benefltlng the Clty, both in and out of the City, when on City business. Clmn. Zentmire seconded. All in favor. The Manager sai~ he appreciated this an~ promised not to abuse it and the Mayor sald he was sure the Councll understood and realized this. Item 51 - Item added for salary increase for City Manager - Clmn.Lantz read the following: Due to the additional work-load, and the extra time demanded of our City Manager, such as - 1. Many hours demanded inpreparatory work in applying for Public Works projects, leases, contracts, etc. that have been undertaken in a relatively short period of time, and 2. Many hours demanded in processing forms relative to these projects, and 3. Many hours yet to be demanded before these pro- jects are completed, and 4. The many hours ~emanded as City Civil De- fense Director, which is commonly not the Manager's duty, and 5. The many hours requested by many worthwhile organizations, in promoting civic functions, and 6. The many hours volunteered in helping to pro- mote and better our community, such as the First Lake Park, and 7. The many hours demanded of his personal "off-time", due to emergencies arising which need immediate attention; such as, construction projects, contracts, leases, etc., and $. The fact that through his knowledge, understanding, and administrative and legal abilities, he has caused the City to enjoy a remarkably healthy financial status, and has succeeded in creatinga more peaceful and constructive attitude within the City. Therefore, in the opinion of many Seward residents, as well as myself, I feel at this time that it is proper to Move that Mr. Harrison be ranted a a increase of 1 000.00 er annum effective as of November 1.19 3. Secondedbv elmn. Zentmire. Clmn. Zentmire noted that there did not seem to be much to say, all said by Clmn. Lantz. Clmn. Vincent noted that the Council certainly could not indite the Manager for all these activities, believed he was busy all the time for the City and community, but suggested the question how he might be enabled to slow down. Myr. Stockton agreed that he believed the Manager did not need to sell himself to the Council. All in 1'avor on vote for Clmn. Lantz' motion. The Manager advised that he was em- b~rrassed with the pnise, that he could not have done these things w~thout the sta1'f and cooperation of the Council, and would have pre- ferred ~o share t~e ralse with the others. Myr. Stockton requested that th~s be cons~dered at next budget time. Item 5J - Clmn. Lantz requested consideration of one of the City rep- ~esentatives to. vote the City's Chamber of Commerce membership, advis- ~ng that h~ belleved the membership should be voted and recommended that the C~ty Manager be so authorized, and in his absence that the Mayor be. authorized. Myr. Stockton advised that he voted ~nother me~bersh~p and t~at only one could be voted by each person. TheManager sald he thought 7t should be an elected official, but that certalnly he thought the ~~tY,should not be disenfranchised as the Clty is the largest commerc~al ~nterest ~n the Chamber Keep~ng in mind that the Chamber. doe~n r t speak i'or the citizens of Seward but speaks for the comme~c~al lnterests in Seward. Clmn. Zentmire - I would move that the. Cltv Manager be authorized to represent the City at the 'Chamber of Commerce. Seconded bv Clmn. Lantz. All in favor. It~m 5K - Clmn. Lantz c~mmented on the quantity of material he had re- ?e~veg when h~ to~k of~lce and the difficulty of organizing the mater- la w en noth~ng ln wh7ch to store, and in disuussing with the Mana er lear~ed that t~e Counc~l had several times discussed what kind of s~or- ag~ ~t wOUl~ llke, that he would like discussion on this. The situa- tlon was dlscussed and the staff to get some prices on file cabinets ,I;'" .. I 82 Regular Meeting October 21, 1963 Special Meeting October 25, 1963 And also the Manager to watch the surplus yards. Clmn. Zentmire - I move we adiourn. Seconded bv Clmn. Shaw. 12:00 Midni.e:h t. i Attest: t1q'4k~ 7~4~-- Beatrice E. Watts, City Clerk-Tr. Approved: .~~O p~ Perry . Stockton Mayor Special Meeting October 25, 1963 A special meeting of the City Council for the purpose of holding a Public Hearing on the proposed MINING AGREEMENT betweenthe City and Gateway Development Company, Inc. per publication of October 15, 1963 was called to order at $:00 p.m., October 25, 1963 by Mayor Perry Stockton. Roll was called and thos~R~~~ent7.~~r~.Miyor Stockton, Councilmen Richard Kirkpatrick, 'William Strati a\'ta~tI!~afit:!. Council- men Dan Bedford and William Vincent were absent. City Manager was present. The Manager reviewed that this hearing was required under Ordinance No. 315 regulating the purchase, sale or leasing of real property by the City, that the proposed instrument does cover real property and there- fore comes under the terms of this ordinance, that the Council's de- cision on the Agreement would then be on the next regular meeting agenda. The Manager reviewed the facts of compliance with Ordinance No. 315 such as the posting and publication within the proper limits of time of the proposed instrument. He then briefly reviewed the purpose of the instrument and its conditions for the mining and re- moval of mineral bearing ore except oil, gas, etc. from the Brownell Homestead by the Gateway Development Company, Inc., with provisions for protection of the surface estate and control of the mining shafts b~ the Council, allowing three years free mining and then requiring 2% of the gross receipts for the next and last seven years of the Agreement, providing that any buildings would become the property of the City on termination and means of protecting same in the removal of personal property, providhg for no temporary or permanent living quarters etc. on the property, protecting trees etc., controlling blasting and other mining operations to prevent debris, etc. or dam- age, requiring liability insurance and setting limits, establishing cancellation, renewal and arbitration procedures, and calling particu- lar attention to the fact that if a smelter is not built in the area within five years or if the tract not mined in good faith within 24 months, the Agreement automatically terminated, that he recommended this Agreement for favorable consideration. Myr. Stockton asked the audience for comments for or against the pro- posed Agreement. Mr. Walter Blue inquired as to how the 2% wouldlbe computed and it was explained that this on gross receipts from the smelter, the City to get its portion off the top. Mr. Blue noted that the City is getting something for its property and asked further if he could have information to determine if it were a reasonable fee. The Manager advised that the fee was not a ~ or consideration at the time the Agreement was worked out (See October 14, 1963, page 67 and 6$ Minutes) with Gateway Development, that it was designed to help develop the mineral and to bring in this smelter,as an incen- tive and attraction to industry, and at the close of the proposed Agreement, ten years from signing, the rate of return would be re-evalu- ated to determine if it was reasonable. Mr. Blue asked if the aKtraction of the ore would create much noise or distraction to the school which is nearby and the Mayor thought not. The Manager also assured Mr. Blue that the City had not in any wat waived its right to abate nuisances and this has not been placed in the contract because the City has this right in other laws. Mr. Blue asked if blasting would be a problem and the Manager advised they were required to abide by the City's explosives ordinance which is very strict and in conformity with Government regulations, and otherwise that this group has assured the City it will blast only dur- ing after school hours - that the City was certainly not going to per- mit them to spoil our new school or hospital buildings, and that the City had a stronger position by not spelling it all out in the Agree- ment but rather to rely on the established laws. Council and Gateway Development representatives agreed with these applicable statements. Mr. Blue asked what road would be used in removing the ore and it was explained that the 'Council controlled this and would protect trees, .other property, etc. ",'0; cr.. r-' ~ c-:: -I I I I Special Meeting October 25, 19?) ~H Regular Meeting November 4, 19b3 Mr. John Offield of the Planning & Zoning 'Commi~sion a~ked if this proposed contract superceded the Planning & Zon~ng Ord~nance and t~e Manager said it did not govern the zoning in any way, that the zon~ng is another matter entirely which will have to b~ taken u~ later. Mr. Offield advised that it seemed to him the Counc~l was go~~g to a.lot of trouble if Gateway Development does not get by th~ zon~ng ord~nance with their proposal. Both the Mayor and Manager adv~sed that ~he . zoning ordinance would have to be met step by step and ~h~t th~s publ~c use land would have to be zoned industrial before any m~n~n~ could b7 done from it. Mr. Offield referred to the parag~aphs rela~~ng to bu~ld- in s and asked if any of these could be built pr~or t? zon~ng and the Ma~ager said definitely not, and that the parag~aphs ~n the A~reement were designed to protect and regulate the build~ngs after zon~ng. Mrs. Pat Williams said in regards favorable comments~ she would state that she is one of the adjacent property owners, hav~n~ fo~r lots a~ross the hill and that she had no objections whatever to t~~s m~ne or th~s operation. There were no other questions from the aud~ence or Counc~l. Seconded bv Clmn. Shaw. Clmn. Kirkpatrick- I move for adiournment. 8;15 p.m. Approved; O~.o. .~~ Perry R. Stockton Mayor Attest: ~~L ~~~- eatrice E.Watts, City Clerk-Tr. Regular Meeting November 4, 1963 The regular meeting of Naember 4, 1963 was called to order at $:00 p.m. by Mayor Perry Stockton. Roll was called and thos7 presen~ were:.Mayor Stockton, 'Councilmen William :Shaw, Dan Bedford, R~chard K~rkpatr~ck, Del Zentmire and Bill Lantz. Clmn. William Vincent was absent. The City Manager was present. 2. Minutes: The Mayor inquired if all had read the minutes, part of which received that day, and those read were through page 66, October 7, 1963 meeting. elmn. Zentmire asked for correction on page 61 where about 2/3 down it shows he seconded motion for acting mayor, that he was not present. It was clarified that Clmn. Shaw seconded this motion. Clmn. Zentmire - I would move that the minutes from page 56 to and in- cluding page 66 be approved as corrected. Seconded by Clmn. Shaw. All in favor. Item 3A - People Present - The Manager advised that Mr. Hans Hafemeister desired to speak to the Council about safety in the Small Boat Harbor area - Mr. Hafemeister advised the Council that he was very concerned about safety in this area - that Saturday there had been a loss of life and property and recalled th@ e~Elo~ion.on.Mr. Sumpter's boat in 1959; that recently he had been as~~d~t@ rR~~t!g~~~rregatling children playing with dynamite, and even with aid of the Coast Guard this had come to naught due to lack of legislation under which to prosecute. He explained that the function of the Coast Guard is to inspect and instruct for boat safety but that they do not prosecute for unsafe practices on non-hired boats. Mr. Hafemeister advised his concern was also for the potential danger if a~ fire such as occured Saturday were to occur during Salmon Derby when the harbor is very crowded and suggested more stringent prac- tices to protect the public safety, such as parking entirely away from the harbor access so that emergency vehicles would be certain of quick access and quick and easy hose laying. Clmn. Lantz and Zentmire con- curred and suggested the Manager, Fire and Police Chiefs coordinate their efforts to insure greatest possible public safety especially in this area, and especially encouraging Mr. Hafemeister's suggestion that coordinated efforts might lead to having a fire fighting boat 3ationed in this harbor, that Mr. Doug Horn was working toward this also in try- ing to establish a Coast Guard auxiliary unit. The Manager advised that it ~s re~~ly ~ot possible ~o adequately enforce public safety in such a s~tuat~on w~thout an ord~nance, and advised that in consultation wth fire and police chiefs he would prepare and bring to the Council such an ordinance. Item 4A - Discussion regarding procedures of action taken at last Council meeting regarding Manager's salary increase and expense account _ The ~ayor asked the 'City Manager to leave the meeting briefly while this ~tem taken up, and the Mayor pointed out the language of the item on the agenda as pertaining to the procedures only, and further that he had a request from Mrs. Erma Wa~ker that a ~etter written by her be read into the minutes and another request for same and these letters were read 84 Regular Meeting November 4, 1963 aloud by the City Clerk and placed in the record at the request of the Mayor: Letter dated October 29, 1963 addressed to Mr. Perry R. Stockton, Mayor and Members of the City Council, Mr. James W. Harrison, City Mana- ger, It appears that at least one or twoitems of financial interest to all the people of Seward were acted upon by the City Council at its last regular meeting. I have before me a copy of the agenda ~or that meeting and I do not see listed any matter pertaining to an increase in the City Manager's salary, nor anything referring to the establish- ment of an expense account. lIThis letter will not be concerned with the merits of either of these, since that is a subject in itself. However, I am much concerned about the manner in which this business was handled. I had hoped for a more honorable ~ndoctr~nat~on 1'or the new members. Had these items been placed on the agenda, it may be there would have been a 1'ew citizens interested enough to be on hand to hear the discussion. Citizen respect, a~ter all, is certainly more desirable than citizen indignation. IIIn a.ll l'airness to each member of the Council, - in all fairness to the City Manager,- and, in all fairness to the taxpayers of Seward, all matters requiring Council action should be placed on the agenda for all to ponder in the glare of the light. This applies particularly to those items involving public monies. It appears that not one among you had thenoral courage to demand this, but I hope this letter will make it easier to now do so. III am sorry to have to write such a letter but these are my feelings, and I will be hoping that exaltation of any group will not weaken your judgment or lessen your consideration of the individual citizen in the ; future. "I ask that this letter be read into and made a part of the record. If this cannot be accomplishn, then I ask to be placed on the agenda under IIPeople Present" so that I may read this letter, and also Jlrge the adop- tion of a resolution declaring that it is the Council's resolve that unless an emergency is found to exist, all items involving the finances of the City of Seward shall be placed on the agenda prior to action. Sincerely, Erma Walkerll and Letter dated October 2$, 1963 addressed to the Honorable Mayor and Members of the City Council: The policy of the City Council established over the years by experience has been to publish an a~enda several days in advance to allow the council time to study items t~ftt for action. Space is left on the agenda for items that might come up for immediate action either under old or new business. This allows each member of the council to bring up any subject for action regardless of the agenda. "In looking back at the record over the past several years this policy has been followed regarding money matters or any item of city concern regardless of the agenda. This is good. This is democracy. If we want an effective council we cannot tie their actions to the agenda. It must be open for free action. "'We heartily endorse the action you have taken and sincerely hope you will continue to have open meetings and freedom of expression for each and every member of the council. Sincerely, PaulE. Stockard and Lawrence Urbach." Myr. Stockton pointed out again that the procedure of the action was the topic of discussion, that Mrs. ~alker had stated her view, and others disagreed as evidence the letter from Mr. Stockard and Mr. Urback, and that he himself did not agree with her. Clmn. Kirkpatrick commented that almost every matter the Council acts on is a money matter in one way or another and he would hate to be tied for each and every item to have to be on the agenda. Clmn. Zentmire agreed that the agenda is a guide and that is all it is according to the dic- tionary. Clmn. Lantz commented that he thought a check of the record would show that in new business after the City Manager's report there has been something discussed almost every meeting, something not on the agenda, that he could see where something of great importance and time to wait, should be delayed, but that many of the smaller items he thought should be handled and the Council not have its hands tied. Mr. Phil Durant asked if there had been increases in salary before without being on an agenda when other members were sitting on the Council, realizing this not the topic of the letter. Clmn. Zentmire advised that he did not mean to bring up old business but that there were such instances, that he had spot checked the records of the last several years and there was an intance where a City Manager was re- hired and he was given continuous pay, and with no intent to create hard feelings, that there were numerous times when new and old business has been brought up regarding finances and otherwise, not on the agenda. f,' ~ ~ c:; ~ I I I ~ Regular ~eeting November 4, 1963 85 Myr. Stockton noted that he had excused ~he Ma~aGer to"avo~d any em- " barrassment to him, requested that the dlScusSlon remaln wlth the tOplC of procedures, and unless there was a request for a resolution to be drafted to comply with the request in Mrs. Walker's letter, that the Council had complied with the request to read the letter into the record as well as the letter from Messrs. Stockard and Urbach, that he would consider this matter closed; that he would like to say that the impli- cation that those on the Council are trying to deceive the public is far from the truth and he hoped would always be. Mr. Murl Trevethan spoke at length on the merits of larger pay for extraordinary service and ability and his opinion that the present City Manager meritted such extra pay, and the Myr. afterward again requested the audience to keep its comments to the topic on the agenda - the procedures employed by the Council, not the action taken. Mrs. Williams commented she had not been able to retain all Mrs. Walker' letter said on hearing it but that it sounded critical of the Council for acting possibly secretly or without the knowledge of the taxpayers and she felt this an unjust criticism, that they had acted in the best interest of the public, that people are supposed to come to the meet- ings to know what is going on and if they cannot, they have elected the Council to make the decisions for them, and she did not think this act should be considered dishonorable if that was the implication. Mr. Phil Durant asked the Mayor if the action had not been taken at an open public meeting and after the Council had studied the budget and assured themselves that they had the money and the Mayor advised him it was a regular open meeting and the Council aware that the budget needed to be amended in several ways; and Mr. Durant said he could see no reason why the Council should be hamstrung in these matters. There beingno further comments from the audience on this topic, the Mayor recessed the meeting at 8:35 p.m. and reconvened it at 8:38 p.m. with all members of the Council present at the recess present as well as the City Manager. Item 4 - Acceptance of $134,500 Grant Offer from Federal Government for street improvements. Proposed Resolution No. 342 was read as follows: RESOLUTION NO. 342 ACCEPTANCE OF GRANT OFFER WHEREAS, there has been filed with the Government in behalf of CITY OF SEWARD (herein called the Applicant) an application, Project Number APW-Alaska-26G dated November 5, 1962, for Federal assistance under the Public Works Acceleration Act, Public Law 87-b58, and the UNITED STATES OF AMERICA, acting by and through the Regional Director of Community Facilities, has transmitted to the Applicant for acceptance a Graant Offer dated October 29, 1963 of Federal assistance in connection with the Project referred to in said application and described in said Offer; and WHEREAS, said Grant Offer has been i"ully considered in accordance with ~) all pertinent rules of procedure and legal requirements, and made a part of the Applicant's public records; and WHEREAS, it is deemed advisable and in the public interest that said Grant Offer be accepted; NOW, THEREFORE, be it Resolved by CITY OF S~ that the said Grant Offer, a true and correct copy of which, including the Special Condi- tions and the Terms and Conditions, is hereto attached, be and the same hereby is accepted without reservation or qualification, and the Applicant agrees to comply withthe provisions thereof. Passed by the aforementioned governing body of the Applicant on the 4th day of November, 1963. (Note - for the above mentioned portions of this document, see Resolutions file). The Manager explained that this Acceptance and its attachments formed the c?ntract with the Government for receiving the street grant if the electlon passes and when the bonds sold, and contains all the terms and conditions for. the receipt of the $134,500 grant. Myr. Stockton noted that t~e Co~ncll has adopted the election ordinance and has entered into an englneerlng contract for the work. Clmn. Kirkpatrick - I move for adoption of Resolution No. 342. Seconded bv Clmn. Shaw. All in favor. The ~anager noted ~h~t he is receiving a number of questions about the meanlng of the unllmlted tax levy, people in many instances not reading the.r7st of the words are getting the idea the millage may go to an unllffilted amount if they vote for the bonds when in fact it is all highly 8G Regular Meeting November 4, 1963 ~"'T [.1;. I"""" controlled and the Ilunlimited tax levy" pertains only to the fact that we do not in this State budget so many mills for Police, so many mills for Street Department, etc.; that he is receiving questions as to why a general obligation bond for this portion and no assurance it will not be a special assessment district for other portions with some taxpayers paying on both portions, so that he suggested the Council's paving pro- gram needed publicity. The Manager presented the sketch maps prepared by the Engineer showing the project and with explanation on the reverse. The wording was discussed, modified somewhat and authorized i'or "Box- holder" distribution. Council advised that it would arrange radio time and promote the street improvement bonds. l:; rr:.: Myr. Stockton asked how information developing on the alternate paving and the Manager advised the engineering data on the rock is still not in, and of course, if the Jap Creek rock has tobe crushed, it will not be possible to pave the whole area set forth, and if not Second Avenue will be a deductive alternate along with Sixth. This deductive infor- mation to be shown on the mailing. Item 4C - Proposed Resolution No.343 authorizing Mining Agreement for minerals other than oil and gas with Gateway Development Co., Inc. The October 14, 1963 preparation of the instrument, the steps taken to conform to Ordinance No. 315 were reviewed. The Manager advised that Mr. Baumgartner, also in connection with the quieting of Brownell Home- stead title, recommended that Mr. John Haynes and Mr. Carl Thomas be asked to sign Quitclaim and Release deeds to the City for recording priorto the recording of this Agreement is approved, that while there was no real claim from the old H&T Mining agreement that it represented a i"law in the title; that Mr. Thomas had agreed to do so though now out of town, that Mr. Haynes had not yet been contacted, but that if this Agreement approved, would record it ai"ter the two above. Proposed Reso- lution No. 343 was read as follows: RESOLUTION NO. 343 WHEREAS, the City of Seward, Alaska proposes to enter into a Mining Agreement with Gateway Development Company, Inc. of Seward, Alaska, for a period of ten (10) years i"or development and mining of mineral bearing ore (but not including oil and gas or other petroleum products) on the land of the City of Seward known as the Brownell Homestead Tract, Patent No. 450395, U. S. Survey No. '/03; and WHEREAS, the proposed payments to the City are: Ten and No/IOO ($10.00) Dollars on execution of the Agreement plus two percent (GS) of the gross proceeds received i"rom the smelter for the ore during the fourth to tenth years inclusive of the term of the Agreement; and WHEREAS, a public.hearing upon such proposed Mining Agreement was held on Friday, October 25, 1963, at'ter notice having been posted and published all ~n accordance with Ordinance No. j~5, and there were no valid objections made at sa~d public.hear~ng to the enter~ng tftt~ into sa~d Mining Agreement in the manner aforesaid; am WHEREAS, the City of Seward now desires to enter into said Mining Agreement; NOW, THEREFORE, BE IT RESOLVED that the Manager and Clerk of the City of Seward are hereby authorized and directed to sign and deliver the aforesaid Mining Agreement. This Resolution to be upon passage and approval. Na.ember, 1963. in full force and effect immediately Passed and approved this fourth day of Clron. Shaw - I move the adoption of ResdUtion No. 343. Seconded by Clmn. Zentmire. All in favor. Item 4D - Howard Harstad & Associates final bill for electric power line engineering - The Manager reviewed the discussion on this topic and its leading up to instructions to him to go through the records and re~ort the City's situation - (See page 43, A~st 29, 1963, Item 5(d)(3); page $, Item5E(9) July 2, 1963 minutes; March 18, 1963 Item 5E(3)), and that further to this he had read a tremendous amount of minutes, correspondence and agreements and'finds since 195$ no place at no time that there is any claim or information documented in writing or anyhthing of the sort from anyone saying that they are dissatisfied with the engineer's work - in fact at the very time they were supposed to be dissatisfied with his work, they gave him a recommendation to another concern; in other words that he could I I I n ~ Regular Meeting November 4, 1963 87 find nothing that would supp~ a claim of not paying for just reason. He continued that he had talked with most of the former members of the Utility Board and finds there was some dissatisfaction such as he had had last summer in the water department inspection, but that he finds letters such as the January 13, 1960 letter, and this was read, speaking of the amount due this firm, not speaking of an alleged or questioned bill, and that this was the sort of thing found throughout the file, that no one has ever written this man and said the Utility Board or City not satisfied with his work and were not going to pay him - they say they are hoke and having financial difficulties, and this goes on for years. The Manager advised the Council that from his know- ledge of law, he felt certain that if this case went on and were filed in court, and the bill seems to be accurately documented, that the City wouldnot only be required to pay the bill but also court and attorney fees and plus interest; that this may sound like a reversal from previ- ous comments, but that he found absolutely nothing in the record that would lead him to believe that the Engineer had not done his work or not fulfilled his contract. The Manager noted that he should not talk legal matters to the Council as it has its attorney, but felt he must. He continued that he believed the City would be estopped from claiming to not pay a1'ter all these years; that the Council could turn this over to the Attorney, but he thought it would just end up paying more money; that he would think that there would be some evidence in the files and documented in minutes if the City was not satisfied. He noted that the Electric Department is not broke now and can pay this bill, and his recommendation was that it be pald. The Mayor thanked the Manager for this report and expressed surprise that there was no documentatlon 01' dissatisfaction, recalling something about easements which the Engineer was to have secured and did not and to his knowledge has cost the City a great deal of money because these easements were not secured, such as across Hodson's and Hawkins' prop- erty where the line to the dock on the other~side of the Bay comes to an end, that as Mayor and with the Utility Board responsible for the construction and operation that he was having to rely on memory, and was not going to recommend that the Council go against the Manager's recommendation, but could not vote for paying the bill. The Mayor advised that if the City had been so lax as to allow the problems he recalled to go undocumented that he would not go against the Manager's recommendation, but could not understand why the minutes of the Council and the Utility Board do not reflect tat there was dissatisfaction with his not doing this work and of the City holding up his payments as he recalled sometimes; and that there were even joint meetings of the two bodies to go into these problems and could not understand why not documented. Former Utility Board member Murl Trevethan was present and the Mayor asked him if he had any information on this. Mr. Trevethan advised that the amount being sought from the :City was he believed the money the Engineer had spent paying his employees for the work they did and when the Electric Department ran out of money and used up all the bond reserves and had even borrowed from the gen- eral City fund, that inasmuch as Harstad's project went sour and he had erred, the Board felt he was the one to stop paying first and the Coun- cil and Utility Board heoolieved agred on this, that he was not Chair- man at that time; also about that time it was agreed that the City Manager should be manager of the utilities, and things were changed so that the Board went to meetings with agendas and recommendations from the manager just as the 'Council does, and the bills were brought to them for approval and the manager assured the Board they were correct; that they ran out of money during this construction and it was his re- collection that they then quit paying Harstad and that this bill is for payments the Engineer made to his people. Mr. Trevethan advised that he believed the Electric Department had an amount invested in the line across the Bay similar to theamount Harstad is trying to collect and that they were within a few days of hooking up over there when they could not be stopped, when they were stopped; that these easements not secured began to hit the City after payments to Harstad were stopped' that he recalled that Harstad's idea was people would be so glad to have power come t~rough they would not stop it, and he thought this the only ~eason the Clty would have for not paying this amount Harstad is charg- lng. The Mayor asked if the City had not had to change the line across the a~rport runway where the road crosses and Mr. Trevethan agreed but ad- vlsed that Mr. Harstad had reimbursed the City for the engineering fee. The City Manager advised that former City Manager Bordwell had mentioned the easement problem, but that he had been unable to find anything in the documents that Harstad was supposed to get the easemnts; also that Mr. Bordwell thought Harstad was supposed to arrange for the sale of BE Regular Meeting November 4, 1963 power across the other side of the Peninsula, but that the documents show that the Council was responsible for this. The Mayor noted that certain members of the Council and others had made trips to the other side of the Peninsula trying to set this up and Mr. Harstad had worked on this. To question the Manager reported that all this no doubt was, but that the documents do not support that Mr. Harstad's firm was responsible for doing the negotiating, etc. Clmn. Lantz asked if there was a mutual agreement or understanding that Harstad was supposed to do this as he knew of an instance where an easement was secured, but from the wrong man. The Mayor advised it was his understanding and he thought that of the Utility Board and City Manager and Electric Depart- ment Superintendent that Harstad was doing these things because no one else was doing it. The City Maager pointed out that there was corres- pondence regarding getting easements and it all shows that Mr. Bord- well, the then city manager, was negotiating for the easements, and that there is all sorts of such correspondence, but nothing whatever Wth Mr. Harstad's name on it or any copies to him, as though he is an a~lute stranger to the easements; that this was what left him at a loss - that if these files are all we have to give the City Attorney to develop, we would lose a lawsuit. The Mayor advised that it was hard for him to swallow this, certainly not what he understood and he thought it had been a bad deal. Mr. Hans Hafemeister asked if the Manager had talked with Mr,. Ray James who wanted to take Harstad to court and he refused to go, that he thought the Manager should talk to Mr. James, that this subject had come up when he was on the Council and he could see no reason for pay- ing the bill. The Manager asked if Mr. James had had any evidence supporting not paying the bill and Mr. Hafemeister said he did not know but maybe Mr. James could give him such evidence. The Mayor asked the Manager if he had anything further to present on this and he said not except to discuss it with Mr. James if the Coun- cil desired - that he had gone through the records and he reported nothing further to do in this connection. Myr. Stockton advised that with the development that Mr. Harstad had nothing to do ~th the easements that he would withdraw his objections with apology to Mr. Harstad, that he certainly did not understand these things to be as now develop. The Manager advised also that regardless of what anyone had said, that the la~t stage of this work was done under a letter of understanding, th~~~fis has not found a contract; discussion that no doubt Harstad had a copy and no doubt it would support his claim. The Manager advised that he would contact Mr. James; the Mayor off- ered to discuss this with Mr. Harstad when he had to be in Seattle shortly, to go into the easement matter, and the Council suggested to learn if Mr. Harstad would be willing to settle for a lesser sum. Clmn. Zentmire moved to table this Harstad & Associates final bill for further information from those people who have been mentioned, and take action on this not later than December 15. 1963. Seconded by Clron. Shaw. All in favor. Item 4E - Various requests for approval of renewal of liquor licenses - The Manager advised that Sam Romack's four licenses - Tony's Bar, Tony's Liquor Store, Pioneer Bar and Pioneer Liquor Store were pre- sented for renewal approval, payment of all debts status was checked out and showed that while Mr. Romack had paid sales tax and utility bills currently, except that the Pioneer Bar was delinquent in sales tax, that property tax was very delinquent and that nothing at all had been received to apply on the two-year escrow agreement by which the City had taken a lien on all Parish Estate and Romack property as security on these tax debts, and that this escrow expired Novem- ber 15, 1963. It was reviewed that the City had taken this step in an attempt to permit Mr. Romack to continue to operate, and at the time of execution amounted to over $6,000. The Manager advised that every couple weeks or so he visits Mr. Romack and picks up some money to apply on the current year's taxes; that the escrow agreement re- quires all current taxes on property, sales taxes, utilities to be paid currently; that Mr. Romack allowed the 61-62 taxes to become delinquent and the Council went along with him while he paid *~ftt off that year, that now the 62-63 taxes are delinquent. Detailed re- port for each license was presented to the Council for examination, including police report of no record. To questions the Manager reported the total amount due in property taxes now about $9,000, as to reason for delinquency, that Mr. Romack says business is bad and the town running down but he is holding on because there is a brighter day coming. The Manager reported that his opinion was that Mr. Romack is trying to keep too many businesses ",. ~ r; c; tn I Regular Meeting November 4, 1963 89 open, that for instance the fee he has paid on the Pioneer Bar and Liquor Store the past couple years would pay most of these amounts due, and that he has pointed this out to Mr. Romack over and over; that, for instance, the Pioneer Liquor Store has not been open the 30 days which is required for renewal and he has just today put the liquor stock in the store and commenced keeping it open for this pur- pose; the Pioneer Bar has been open during Salmon Derby weekends only so it too is in the process of meeting the 30-day open per year requirement. The properties under the escrow were reviewed and the Manager pointed out which properties were tied up by State and Federal income tax liens which leave only Mr. Romack's one-half interest in the Pioneer property, his own several lots in the southwest part of town and a five acre plot seven miles out of town on the highway. It was asked why he did not sell some of this property and the Manager advised that he had truly tried and almost completed a sale for the out-of: town five acres last year for $5,000 at City insistence in order to co~y with the escrow agreement, and at the last minute the buyer bought another parcel, that there appears to be very little market for these other parcels, but that if he would drop some of these licenses he could payoff these debts in a few years. The Manager advised that he thought Mr. Romack thought he was now pleading his cause, that he goes to collect money and cannot get him to understand he is not pleading his cause - that i"rankly he thought it would be more than Mr. Romack could endure if the Council foreclosed these properties, and he was looking for a middle road to recommend to the Council such as possibly a partial foreclosure on the businesses which are not making a profit for him, possibly a time when the Counci would hear Mr. Romack and his attorney. I The Mayor advised that he has friendly feelings for Mr. Romack and that the Council to his knowledge has done much to work with him such as holding checks, liens under the foreclosure, and that this is not I done for other liquor licensees and that he has received complaint I from them on this, and believes continuation of a deteriorating situa- tion would not be in the best interest of the City, and that he be- lieved the City Clerk and others who hae worked with this problem over a period of time would agree that Mr. Romack's inability to meet the ordinances keeps coming back to the Council with his request for some special arrangements and this was agreed. The Council took note of the time limit for securing action by the State Board ai"ter it has the Council's recommendation and it was agreed that the Council would meet in special session at 7:00 p.m., Thursday next to hear Mr. Romack and the Manager to have a recommendation as to which particular prop- erty might be foreclosed. Item 4F - Letters of October 28 and 29, 1963 i'rom Don Berry, Executive Director of the Alaska Municipal League; Donald A. Meyer of Marshall and Meyer and the Seward Chamber of Commerce, were read, all express- ing appreciation, gratitude and pleasure over the recent Convention of the League in Seward. Myr. Stockton called a recess at 9:55 p.m. andreconvened at 10:00 p.m. with all members present who were present at the recess. Item 5A - Authorize City Manager to represent the City of Seward and the Seward Community in the "All American Cities Awards" contest and 69th Annual Government Conference in Detroit in November - The Mana- ger advised that the Chamber had asked him to represent it in the awards contest and that the annual business conference of the American Municipal League is held Km~ immediately after and would be beneficial to attend for information as well as coordinating with the contest, that if the Council authorizes this that he should leave here the 15th, Anchorage the 16th and return the weekend of a-20. He noted that he is now a member of the National League as required to partici- pate; that the Chamber has agreed to pay the travel and underwrite not pay but underwrite, the other expenses for he and his wife. Co~nci discussed where these funds might come from in the budget and the HW new Manager's expense account was mentioned as a possibility or regu- lar expense item. Clmn. Zentmire - I would move that the City Mana- er be authorized to re resent the Cit at this 6 th Annual Govern- ment Conference in Detroit and that we a 00. of the ex ense of this trip. Seconded by Clmn. Lantz who asked what the 500. should cover ~nd Clmn. Zentmire said, lodging, meals, registration, inciden- tals ~~th the thought the 500. should retty well cover it. Clmn. Zentm~re amended that the 00. be the 00. ex ense account a ro ri- ated O~tober 21, 19 3. elmn. Lantz seconded amendment. Clmn. Shaw asked ~f there was still $500. in this account and the Manager said I 90 Regular Meeting November 4, 1963 none spent yet. Vote - All in favor. The Manager thanked the Council for making this available to his wife and himself, advised that they were flattered and honored and would do everything they could to get this award for the City of Seward. Item 5B - Resolution No. 344 authorizing new bank account and naming those who may sign checks on Fire Station Construction Account - The Manager advised that it is a requirement of the Grant Offer that these consttuction funds be in a separate bank account. Resolution No. 344 was read as follows: "",. C/j - , , ~ ~ RESOLUTION NO. 344 BE IT RESOLVED that the Seward Branch, First National Bank of Anchorage, be and is hereby named the paying agent and depository bank for the funds to be received from the Housing and Home Finance Agency and any other source whatever, to be used in paying for the J total and complete cost of constructing the City of Seward Fire - Station, Project No. APW-Alaska-39G, and that the;said Bank account shall be named the City of Seward, Fire Station Construction Account, and That the Seward Branch, First National Bank of Anchorage, be, and it is hereby instructed to honor checks drawn on the City of Seward, Fire Station Construction Account when bearing any two of the following signatures: James W. Harrison, Beatrice E. Watts, Calvin C. Beck or Perry Stockton. The following signatures are those above authorized: Beatrice E. Watts !signed! Calvin C. Beck !signed/ James W. Harrison I II / Perry Stockton / II / This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by The Common Council of the City of Seward, Alaska, this fourth day of November, 1963. Clmn. Kirkpatrick - I move for approvalof Resolution No. 344. Secon- ded by elmn. Bedford. All in favor. Item 5C - Manager's Report - (l) That final construction cost as best we can compute it on the Railroad Job which was estimated by the Engineer at $9,000 is, $4,24$.65 for materials, $4,421,02 for labor and overhead, or a total of $$,669.67; (2) Total cost of hosting the League of Alaska Cities Convention was $740.19 of which some $70. was for such things as morning and afternoon coffee, pre- ~aring the furnishings in the ladies room, flowers, film, etc. and ~669. due the League for all meals, registrations, and believing the League does not have money enough to wait for the $669. will pay this and put it on the next accounts payable; (3) Report from Kole and Paddock's rock crusher of prices, $10. per c.y. for fine grade for the seal material and $$. per c.y. for base material, $30,000. minimum; tat he could not recommend on this until knows how much money we will have for topping after the public works building bids are let; will acknowledge and continue negotiations in the time this crusher will be here for further report to the Council; (4) Has a report from Mr. Beck on his attendance at the Assessing School in Anchorage, is satisfied with it and sure that he received a fine introduction to assessing; (5) Displayed a plastic briefcase at cost of $4.85 which the Council might like for carrying papers and it was agreed to purchase these for that purpose; (6) the Manager then gave a very detailed report of the fire which occurred in the Small Boat Harbor resulting in the death of Mr. Langley. To the Mayor's question, the Manager advised that the agenda for the next meeting would be prepared before he departed, that Mr. Beck would present the material, that each department head would be re- sponsible for his department in his absence- that if they get into brouble they will come to Mrs. Watts. Clmn. Lantz asked for discussion of the Planning & Zoning Ordinance as relates to junk cars and this was discussed in detail, as to why the present provisions were in effect, the present enforcement of same, taxation of junkers, etc. Clmn. Lantz advised he was not en- tirely satisfied with the provisions for a junker for parts in a res- idential area. Along these similar lines Myr. Stockton inquired about the quonset hut which Mr. Ralph Andrews had brought into town recent- ly-that is past two or three years and the Clerk advised that this item had been protested by the Zoning Commission and the City Manager and follow-up overlooked and only this same day brought up for inspection. Clmn. Zentmire moved to ad'ourn. Seconded b Clmn.Sha. 10:45 p.~ +, Approved:J..L/Vr"1A" Attest:~~hJ~tyClerk Perry R.Stockton, Mayor 'I I I ~j ~ . Special Meeting November 7, 196) 91 A special meeting of the Ctty Council for the purpose of meeting with Sam Romack regarding liquor license renewals and to hear presentation by the Corps of Engineers of Tentative Plan for additional Small Boat Harbor was called to order at 7:0~ p.m., November 7, 196) by Mayor Perry Stockton. Roll was called and those present were Mayor Stockton, Councilmen Del Zentmire, Richard Kirkpatrick, Bill Lantz, William Shaw, William Vincent and Dan Bedford. I Item 2 - Romack Liquor Licenses - The Mayor reviewed the discussion and course of action projected at the meeting on November 4, 196), Item 4E. The Manager reviewed the provisions of the Escrow Agreement which expires November 15, 196) and which is in default as to current tax year being delinquent and the fact that no payments received on the principal amount to date; that he felt sure Mr. Romack had made a great deal of effort to meet these debts last year but the record shows he is some $1129. plus penalty and interest worse off than the same time last year, that therefore if Sam could make some sort of arrangement regarding these properties and perhaps not refhew all of his licenses that he can come out in the clear, that there is only one property clear and that the five acres out of town, and on which there has been recent negotiation to establish a fair marketlprice; so that his recommendation to the Council was that it accept from Mr. Romack a deed for this property, after a title search to be sure that it is a clear title, and to then credit Mr. Romack's and Tony Parish Estate taxes with the sum of $5,000, first by taking the taxes he owes for this year, $1,720.79 plus penalty and interest, and then apply the bal- ance against the old $6,000+ delinquency which Sam Romack has accumu- lated over the years; that by doing this payments between now and next July can be applied to the old taxes and he believed Mr. Romack could ;then be about current. The Manager recommended the Escrow Agreement be renewed without the one 5-acre parcel. He strongly recommended a~nst touching the Parish Estate due to the many claims against it; advised that he firmly believed if Mr. Romack would make the same eff- ort next year that he did las~ rner that he can get clear and this would then save him the penalty amounts which last year amounted to $158.~9 and the year before $218.52; that he had talked with Mr.Romack and his attorney about this and his attorney recommends this basic proposal, and at the same time the City would be keeping faith with the other taxpayers and liquor licenses. Myr. Stockton asked Mr. Romack if this proposal was satisfactory with him and he said it was, that he had brought any money that he possibly could to the City for this, that business was very, very poor and only Tony's Bar ma*~ng money, and cannot get anyone to operate these other businesses at a profit, that he was doing the best he can. Clmn. Zentmire inquired about the Pioneer Bar and Mr. Romack advised it is half in his name and half Parish Estate, and Clmn. Zentmire asked why, since it was losing money, he would want to continue,~~~~~esting that if the Council were to deny the Pioneer Bar and Liquo~ t1censes that he would be much better off by contOining his efforts to the pro- fitable business until his affairs were straightened out, that he did not think it was fair to the other bar owners who are required to live strictly up to the letter of the law; that he knew it might seem dif- ficult to Mr. Romack, but would actually be better off and end up with a profit instead of in the red. Mr. Romack sa~d that he appreciated the advice, but had fought for that bar and everyone was hoping for a better year next year and he would like to have one more year, that he had wasted a lot of money on the licenses these past years, but thaght next year would be better and if not, he would give it up. Mr. Lantz asked for review of the Manager's recommendation which was given and he asked if the City was assuming there would be an immedi- ate,sale or that it is worth that amount of money now. The Manager ex- pla~~ed tha~ last year Mr. Romack had a good prospect at $5,UOO. when at C~ty urg~ng he was try~ng to sell this parcel, that the City does not have a purchaser, this would be a book transaction. Clmn. Lantz asked how the City established the va~ue of this property and the Man- ager advised it did not know it was worth ~j,UOO but that'va~ues are ~ormal~y estab~ished by a transaction between a wil~ing buyer and will- ~ng seller and that the situation last summer fit this fairly well if a~ything to the City's advantage as Mr. Romack was almost in the p~si- t~on of a forced sale. Clmn. Lantz suggested just holding the land in City's name till sold but there was the problem of added interest on the debt~ and that actually the City has the property now; that this is a real n~ce property, on the highway and would be of some worth if anyone had a need for it. Clmn. Zentmire noted that this proposal would reduce the tax debt to I I 92 Special Meeting November 7, 1963 $2200.?? and the City would retain escrow deed to the rest of the property under lien to Internal Revenue, and that possibly the City would not be in too bad a position to let the delinquency go another year, but that he would certainly want to see the current taxes paid on time. Mr. Romack advised again that he has half of the Pioneer property and the other miscellaneous lots unencumbered, and was doing his very best and would certainly like to have just one more year with all the licenses to take advantage of the good year everyone expects. The timing was reviewed and it was made clear that the liquor store has to operate 27 days more before minimum requirements of State met, that the Liquor Control Board normally disbands around Christmas so that it is necessary to get them in as soon as possible. Clmn. ~oVincent asked for assurance that if this action were taken, that l~~immediate steps would be taken to sell the property and the Manager r~ assured him that upon completion of title search this could be done. Mr. Romack said he would like an opportunity to buy back this proper- ty if the City still has it when he can raise some money. Clmn. Kirkpatrick advised it was his opinion that the Council should follow the Manager's recommendation and believed this would work out alright for the City. Clmn. Lantz asked Mr. Romack if he would be willing to sell the Pioneer Bar if there was a buyer and he said he could sell only one-half. The Manager advised he was sure if there was a legitimate buyer that the Government wold be agreeable to a sale in such case. It was clarified for Clmn. Zentmire that the big red building on Home Brew Alley was Parish Estate property. The proposal was reviewed again as renewal of the escrow agreement with same provisions except delete the one piece of property and apply $5,000 as described previously, term of escrow renewal two years. Mr. Romack commented on the size of his utility bills and that he has not been delinquent on those or his sales tax and that these things are beneficial to the City. TheManager advised that this is why he is making his recommendation, because Mr. Romack has tried. There was discussion of who would pay for the title search and it wascgreed the City would do so. Clmn. Kirkpatrick - I would move for a tentative approval of the liquor licenses in Question for Sam Romack subject to the 0 da s 0 en clause and also conditioned b the turnin over to the Cit of the warrant deed for the discussed five acres at Mile 7 ro erl executed' this said deed to be in lieu of 000. payment on back taxes on the Romack properties and Parish Estate properties. with the City Attorney to be instructed to prepare the necessary papers. :Seconded byClmn. Zentmire. Vote - Clmn. Bedford Yes; Clmn. Kirkpatrick Yes; Clmn. Lantz Yes; Clmn. Shaw No; Clmn. Vincent Yes; Clmn. Zentmire Yes; Myr. Stockton Yes. Motion carried. Myr. Stockton called recess at 7:40 p.m. since the Corps of Engineers was scheduled to arrive at 8:00 p.m. from Anchorage and the meeting was reconvened at that time with all members present who were present at the recess. Item 3 - The Mayor and Manager reviewed recent events leading up to this presentation of tentative plans for additional Small Boat Har- bor and related but separately financed recreational facility such as the December 6, 1962 public hearing wherein the citizens of Sew- ard area offered testimony as to why we ,need a larger Small Boat Har- bor, that additional information had been gathered over the interven- ing months to create the accurate and detailed picture needed by-the Corps to be able to work up its feasibility reports necessary to the presentation of any such plans to Corps Headquarters andultimately to the Congress. The Manager advised that he thought the Council and people would be very pleased with the plan the Corps has and that the purpose of this presentation was to give the people of Seward and the City Government an idea of what it is before it goes higher and to hear their comments and suggestions. Mr. Don Wilbur of the Planning & Reports Section of theDistrict Corps of Engineers then introduced the plans with resume of their activi- ties in connection therewith commencing with the adoption by the Senate Committee on Public Works of a Resolution on June 16, 1959 which called for review of House Document 182 with particular refer- ence to advisability of modifying Seward Harbor of Refuge and Valdez Harbor to meet present and prospective needs for deep water naviga- tion requirements; the December 6, 1962 public hearing as to the ne- cessity and economic justification of an additional S.Boat Harbor here, ~") 00 ~ ~ ~ r-, Ii ,J Special Meeting November 7, 1963 93 I the receiv~ng 01' additional data, and the preparation of the plans themselves. Mr. Wilbur noted their analysis of the present harbor which was built in 1935, modified with the North and South breakwaters and dredged the last time in lYb2; that capacity had come out at bO commercial and 80 recreational crai't, and including the area dredged by the City in the winter of 62-63 the Harbor can accommodate 176 craft, but it is crowded and to accomodate this many boats larger boats are being put in space designed for smaller craft. To design to correct this over-crowding plus any additio~ craft which may be coming into the area, through study, discussion with the people here and the City Manager and the records in other Alaskan cities, the study developed that the potential demand in the future would be 100 commercial craft and 200 pleasure craft additional to the above or a total future need of 160 commercial and 280 recreational. I He advised that the study revealed that the existing Harbor is not using well the space where it lays and the Corps recognises the City realizes this as evidence the dredging of additional space by the City; also that an additional space to the North would end up with two small harbors which is not good from the point of harbor management; so that they commended plans for expanding the present basin into one huge basin, and he referred to the posted plans for the proposed new harbor which in one area would accomodate the above numbers of craft, designed to facilitate regulation of boat traffic and boat management; BDKBBIRx .R~.~"~RR.~....H".'~ For comparison, the present harbor contains 240,000 s.f. and contains moorage for 140 craft. They felt, he said, to expand for the commer- cial craft they should design a mooring area which under Corps criteria, would require 6,000 s.f. of mooring area per craft realizing that these will moore by themselves swinging on a hook, and he indicated on '~he plan the additional 600,000 sq. ft. commercial area immediately of the present area. Mr. Wilbur noted that the craft using Alaskan waters now are much larger than those using it before. He continued that depth was planned for minus 15 ft. which would accommodate craft with up to 12' draft, noting that the extreme run-out here in Seward is 3', so there will be floating ability in this particular area at alloE~mes. He advised that the present area was dredged to minus 14.5 ~W~ summers ago by record but actually dredged to minus 15' so in fact both areas would be essentially minus 15'. He continued that to utilize this space the Corps would remove the North breakwater, noting that this is not costly actually because it is a good source of rock supply for the other breakwaters at no more handling than new rock, and would plan to use it in the breakwater bridge and the new breakwater immediately to the East, so in the pro- posed commercial area, the present breakwater would be removed and it all dredged to minus 15'. I ~e~~yMr. Wilbur_~~~nt~r~ed t9_th~ar~~for recreational craft, pointing "ol~ out on the plan an area to the ~ of the commercial area to accommo- ~ date 280 craft to be dredged to minus 6' which would leave approxi- mately minus 3' of water at any time, pointing out that this new area would be sparate from the commercial by rock breakwaters with access from the Couth. He noted that this area is the one most likely to develop so they planned a Northerly development toward the head of the Bay and this pointed up one factor in opposition to a harbor area - the two culverts under The Alaska Railroad track for the fish to move upstream and advised that Fish & Wildlife Department is extremely anxious to maintain that flowage; that it has been found that a stream through a small boat basin is not conducive to the propagation of fish due to garbage, oils, etc. dumped in the water, so that the harbor plan includes a rock diversion along the North boundary to serve these t~ee purposes: (1) a training wall to train the existing fresh water stream outside the boat basin; (2) to form a wave damper, since at maximum high tide there is about 12' of water over the tide flats which with a strong Northerly wind can generate waves of such size that they felt they should design some type of barrier to protect the small craft in the. case of high tide and North wind; (3) as an ice barrier. Mr. Wilbur adv~sed that the prime reason for the original rock barrier was as an ice barrier; that pictures show the original area crammed with shore ice i'rom the fresh water coming into the area. last- p.~' . O/Jf:her-I - Sotte P11/~ ("~ Mr. W1lbur then turned to the most ~&~b~~11 of the areas and advised that most fortunately there is area for further expansion if desired and w~ich,the plans would have protected by breakwater but not dredged at th~s t~e, an area which could accommodate 200 more commercial or 300 more recreational cra1't by simply moving the resreEtiona1 -"'lrea &..~l>, See 1'1 ,." lQ.S-r- f'4-H'.. ~ /YtJl-7'1l J 94 Special Meeting November 7, 1963 '("; and using the originally planned recreational area and commercial area for commercial . He continued that the rock breakwater would be 19' above mean low water and the same elevation as the present North and South breakwaters. It was determined, he advised, that the existing entrance to the harbor is not adequate as it is servicing a float sys-- tem, water craft fuel system as well as water and general suppl~ system, so that to add the traffic of the planned new gOMaS2~~,this present entrance was deemed inadvisable. A new entrance~Nor~n of the present one was pointed out, with recommended wave buffer of tentative design, and a second departure area in the extreme No~th end of the breakwater. The reason for the wave damper was given as to eliminate the wave chop observed to be something of a serious problem when the notkuncommon easterly winds blowing. Mr. Wilbur advised that further thought would be given to the exact design of the wave damper. By way of statistics Mr. Wilbur advised that the material which would be dredged would amount to over 600,000 c.y. and if it were deposited on the tide flats at the head of the Bay so a bulkhead were formed straight across the tide flats, the material could create approxi- mately 60 acres of new waterfront land, and that the Corps of Engineers is very interested in their harbor development programs utilizing the spoils as best they can be, which means that the Corps would coordin- ate with the sponsoring agency involved in an effort to use the spoils and not just dump it into deep water, but that the Corps could spend an amount only equivalent to the cheapest disposal and the difference was for local effort; that if some such spoils disposal as mentioned above were worked out, that the land would be the same elevation as the present highway, that some kind of a container or bulkhead to pre- vent the spoils from washing~~~ back into the Bay would be reqired. Mr. Wilbur then pointed out an area he had allocatted for recreational development and advised that interestingly enough in an entirely sep- arate program without benefit of consultation, the Engineer on this project, Mr. Jiggs Tice, had chosen the same area for this purpose. Mr. Wilbur then asked forquestions and comments, particularly any ad- verse comments. Mr. Hans Hafemeister asked if the wave breaker at the en~rance to the harbor would slow down the silting in that particular area and thus cause a problem. Mr. Wilbur advised that he thought not, that the history of such devices shows a continuing uniform silting and that the actual position of the damper would be determined after careful and exhaustive studies of the wave action, also that this area would be included in the regular maintenance dredging. Mr. .Wilbur summarized as follows: That the total cost of this project as outlined was about $1,300,000.00, emphasizing that this was appEoxi- mate cost; that regardless of the size harbor the Corps may develop, it is required that an amount of local participation depending on the recreational use be met, and that this is determined by the Corps on the basis of the amount of use and benefits for recreation, which is strictly for the benefit of the City, and then fifty percent of these benefits are considered to apply to the local economy only and fifty percent are considered to be realized by the Nation under the general navigation benefits; that the Corps had determined that twenty-five percent of the benefits here are local Seward benefits and on~alf of this applied to the total cost of the project as estimated~~/~~~ ~~~~ft~#/~'/~~~/pr~l~~Vres~lts in an es~imated total mo~etary C?st to be contributed by ~~cal ~nterests of $114,000. Mr. W~lbur po~nted out that he had spoken of "local sponsors or local interests" for the reason that the Corps does not care where the money comes from so long as it does not come from another Federal Agency. The Manager briefly reviewed recent disuussions regarding a fish meal processing plant (See Page 34, Item 5F(4) August 19, 1963 minutes) and asked if ~his were not the type development which might come in and pay such e8n~~ibution for the use of some part of the facility and Mr. Wilbur advised this the situation. The Manager asked what the Corps did require in the way of local effort beyond the above $114,000. and he described these as being, assurances that the Council believes the City is financially capable and fully acceptable to the terms of this offer; to provide to the Government without cost all lands~ easements, etc. subject to addi- tional maintenance thereof, that the local sponsors would be required to re-locate or continue with an extention the sewer outfall which is just beyond the North breakwater, would have to provide harbor light- ing, harbor manning, etc., that there is a requirement for equal access to all on an equal basis - that, of course, the local sponsor had to charge costs on a basis to cover the cost of management; must hold and save the Government free from danger due to the construction of the 'i:h~ ..~ ,-,-I Z '-, -- , .' '.~::: ..-., I Special Meeting Kovember 7, 1963 95 .. .. project or any subsequentlmaintenance by the Corps of Engineers, and any added spoils placement cost over dumping in deep water. In reply to the questions regarding submission of the plans to various departments and to the Congress, ~r. Wilbur advised that the report will ~o immediately to the Division Engineer in Portland, Oregon for revie~, where if there are no changes, it will be rather quickly re- turned to Anchorage for submittal to the Board of Rivers & Harbors of the Corps where it will be looked at again and if no changes, will be reported out to all interested parties, and to the Congressional Committee for budget approval. Mr. Wilbur concurred that after re- ceipt of the Corps' final report would be the time for the City's first efforts to secure approval; that after that report, the Corps has no- I thing further to do with it, that it is then up to the local people and their Congressional delegation. Mr. Wilbur then turned again to statistics and advised that this pro- ject has a good benefit-cost ratio showing that it is financially fe- asible to build, and to question explained that this is a basis of measurement of feasibility involving many, many factors, which must develop on an annual basis that benefit is at least equal to cost or the project is not deemed feasible (the life of the project being estimated at 50 years and 3% interest rate), that this project was de- veloping 1.1 to 1 but with additional information secured from the City Manager this improved to 1.8 to 1 and with the approval of the Division Chief. Mr. Wilbur emphasized that this is an initial design to determine feasibility and that later on if the project is authorized that there will be changes in specific details. I Mr. wilbur answered questions with information that this project goes in by itself; that the local participation funds are not required prior to construction start but the Government is allowed to pro-rate over the period of the construction, or in the case of a one-year project while permissible to start without a payment, must have one before the end of it; that this Seward project was different from the Homer project in only one respect, that at the time of the first study on Homer, Ninilchik, etc. they were based on all commercial use, no recreational use at all, and believed Seward realized as well as the Corps does that a new harbor here will be used recreationally and therefore have to use this split contribution plan. Various ideas were presented with regard to the barrier and counted out due to de- terring access to the fresh water by the salmon; the exact location of suggested land build-up from the spoils open with advice that the local people are almost Equired to make best use of the material avail- able, and their suggestions for increasing the usable land to the North of the area under consideration; that the Corps regulations do not deal with types of boats to use their facilities as the determining factor, but rather require local participation regardless of the type of boat using the facility through local building of floats if this the method used for berthing, and only if an area used as a mooring or anchoring area that the area can be considered a general navigation facility and be construcUd entirely by Federal funds, and he reviewed the local participation basis in detail. Clmn. Kirkpatrick advised that he had seen winds of such force that there would be a 6" or 8" wave on the southern side fromthe north wind and he was concerned about what could develop with the much larger open space for the wind to sweep through. This was discussed and Mr. Wilbur advised he would have to go into this in the future as he did not have the answer and wondered if the wave might have been caused by some refractory action from some other source, but Clmn. Kirkpatrick advised he thought not, and at times a condition lasting for one to three weeks. Mr. Wilbur advised that the criteria would allow for 6/10' wave action without damage to the boats, that the boats themselve would reduce wave action, but that this description indicated a weather phenomena which would need to be studied and perhaps additional wave dampers might be required. Mr. Wilbur asked for further questions or particularly any adverse comments and there were no further. The Manager asked if recommenda- tion and support from the Council in letter form would be desirable at the time of the presentation to Congress and Mr. Wilbur advised that it would help. The second portion of Item 3 was then presented by Mr. Jiggs Tice of ~he Corps ol'.~ngineers, wno advised that the harbor recreaE~onal pro- Ject was ent~rely separate from the small boat harbor project and he pointed out the area North and West of the proposed harbor where it would lay. Mr. Tice advised that the revised Harbor Act of 1962 speci- I 96 Spec ial lVIeeting Novemb er 7, 1963 fied that the Corps of Engineers was to get in the recreation~t busi- ness adjacent to Corps projects and as a result it has submitted in Seward, Homer and Valdez three plans for recreation development. He then presented the plan wtich was posted for view of all, and advised that he would not be so specific as Mr. Wilbur as this plan requires a minimum of local participation - only the lands, right~-ways, ease- ments and maintenance of the project, and that he believed the City presently owns the land where the Corps suggests this be built. The Manager advised this was tideland and the City has made application to the State for same. ~.. " ,",' cr ,.-' c-) F";-- ./-. Mr. Tice advised that they are planning the permanent buildings of concrete or concrete block to reduce maintenance and these would contain shower, wash-up and toilet facilities, that he thoughyit was well understood that these facilities to accommodate travelers or those coming into town with campers and trailers were in short supply. Mr. Tice referred to negotiations last spring for such a development in the North area and that the Manager thought this area too small and the plans had considered the area to the South and then both areas but with the middle section undeveloped for the protection of fish. He continued that the North area would contaiHeQe~lgpark facilities if possible - possibly the City have to add %~ tHemselves, the children's ball park for instance would be a shed type affair with a concrete pad approximately 14'x16' . so if the ball park developed, the children's can be used for dual purposes. He pointed out the picnic areas with two tables and one fireplace of which there were eight units requiring 16 tables and $ fireplaces and one comfort station, parking for approximately 100 cars and entrance from two locations which he pointed out worked in with the planned boat harbor. He then pointed out the area planned for use by camper~ units where people can pullout in a one-way road laid out in a loop to accommo= date ninety cars; then also a herringbone parking area for people with boat trailers to park after unloading boats, another comfort station and in this area the shower and wash-up facilities. He noted that inspection of the area that afternoon caused consideration for buried sanitary facilities and this will be gone into he advised. ~ This whole program,Mr. Tice advised, is something new to Alaska though not in the other States, and requested any suggestions or questions. The Manager asked for the timing and was advised he expected to receive a design memo sometime in December and construc- tion sometime this following construction season. Mr. Walter Blue advised there are at times 15' tides bringing tidewater right up around the radio station for instance and asked what plans to prevent flooding of the area. Mr. Tice recalled the dredge spoils from the present harbor area were placed as they were so that they could be levelled and the area raised, and that the plans were based on this taking place. The Manager advised that the Fish & Wildlife Depart- ment has a gate on the culvert under the track and wondered if they might not be willing for the few days per year when tides highest to changing this. Mr. Tice noted these plans were preliminary and could not know all the details, but did believe the spoils wold raise the land sufficiently to prevent high-water damage. To Clmn. Lantz' question, Mr. Tice advised that this would be a con- tract item and that they will attempt to convince higher authorities that it should be a local hire project. To the Manager's question, Mr. Tice advised there is nothing the City can do to help this pro- ject, that the Office of the Chief Engineer gets a lump sum fund for certain work and he allocates so much to each district for recrea- i tion facilities construction, and that they do not know just where .J' it is going or how much it will be, but that every other State in the . Union has already been under this program and it is therefore felt that there is a good opportunity to construct this as a first in A~ka. Clmn. Kirkpatrick asked about the possibility of filling in the Lagoon area on the West of the Highway. Mr. Tice advised no present plan to use that area and that he was sure Fish & Wild Life would not permit this, and to further question, that F&~ holds that anything done in such areas is a detriment to fish propagation.. To further question Mr. Tice advised that surfacing would be black- top if there was sufficient funds, and it was noted that the City is planning a paving project for next summer which might assist, and Mr. Tice advised his office knew this and had coordinated costs along those lines; to further question, that this was entirely sep- arate from the earlier HHFA recreation project. The Manager described I Special Meeting November 7, 1963 9'1 Regular Meeting November 1$, 1963 the beginnings of this program as he had observed it in areas he was familiar with where Corps of Engineers reservoirs had been constructed and because of the public interest in water related recreation, had then developed this program. Mr. Tice concurred and advised that there is the already developed harbor in Seward which justifies the plan he is presenting at this time. Mr. Tice then asked for further questions and any adverse comments. Clmn. Lantz asked if the existing Army and AirForce recreation facilities had any bearing on this project becoming a reality and Mr. Tice advised they did not, that the prime con?e~n of the Corps is the civilian population, in fact do not take the mllltary into consideration at all in this. The Manager mentioned that the Planning & Zoning CommissionWis present to hear this presentation since it is necessary they come in with a recommendation in connection with any public facility or park, etc. Mr. Tice advised that, as with the Harbor Project, the Corps of Engi- neers needs from the Council a letter that the Council will give it lands, rights-of-way and easements for the project and further advised the Mayor that right now a letter of intent to do so was sufficient, and that consideration at the next regular Council meeting would be timely. Clmn. Kirkpatrick - I move we adjourn. Seconded bv Omn. Shaw. 9:30 p.m. -rU2-dLr~_ '7- ub~; Beatrice E. Watts, City Clerk-Trease Approved: ~~ c? /r~ P rry R. Stockton Mayor Attest: I Regular Meeting November 1$, 1963 The regular meeting of November 18, 1963 was opened without the Mayor by the Clerk. Clmn. Vincent - I would move that Clmn. Kirkpatrick be Acting Mavor during this meeting. Seconded bv Clron. Bedford. No objection. Acting Mayor Kirkpatr~ick called the meeting to order at 8:00 p.m. Roll was called and those present were Clmn. Bill Lantz, William Vincent, Dan Bedford and Myr. Kirkpatrick. Clmn. Del Zentmire, William Shaw and Mayor Stockton were absent. The City Manager, who was presenting Seward's bid for the "All-American City" award and attending the American Municipal League Convention, was represented by Mr. Cal Beck, Controller. Bob Liebelt present for Item 4C. Item 2 - Minutes - Clmn. Vincent - I would move the approval of the minutes pages 67 through $6. Seconded by Clmn. Lantz. All in favor. Item 3 - There was no one who had requested to speak to the Council. ~~* Item 4A - Receive tabulation of Public 'Works Building bids - The City Clerk read the tabulation as follows: Jim Cameron, Seward, Total Bid 1128,576.63, Deductive A $3608.00, Deductive B $6,827.24, Deductive C 1301.10. Arndt Brothers, Homer, Total Bid $169,000.00, Deductive A 8,717.00, Deductive B $3,713.00, Deductive C $4,178.00. Myr. Kirk- patrick reviewed the fact that it was the concensus of opinion of the Council that the bids were very very high and asked if the Architect was not to be here to advise on this. Mr. Beck advised to question that the total available for construction amounted to about $62,000. and that Mr. Lane was expected to be here. Council discussed the alter- natives before it and decided that since Mr. Lane was expected and had not advised he would not be here, that he might yet arrive. **Prior to reading the bid tabulation the City Clerk advised that the two bids were properly sealed on receipt and publicly opened at 8:00 p.m. on November 12, 1963 by the City Manager, tabulated by her, both bidders present. Clmn. Lantz - I would move that Council reject all the bids on the Public Works Building and move Item 4B under old business some- where in the agenda under new business. Seconded by Clmn. Vincent. All in favor. I Item 4C - Receive the report and recommendations of City engineers for ~he proposed paving program. Mr. Charles Tryck of Tryck, Nyman & Assoc- lates was present to present the preliminary plans and this was done in detail with certain requests for decision by the Council for incor- poration in the final plans, advice of problem areas and reasons for best choice by the Engineers, etc. as follows: First, to be aware that the plot,plan,was not e~tirely up-to-date as to types curbs planned. In plannlng~ It was dec7ded tha~ the Council would hear the presentation and have thls on a speclal meetlng agenda the following Monday which was the very latest the Engineers could wait and still meet the schedule 98 Regular Meeting November lB, 1963 set up by the Grant Offer. Mr. Tryck asked for Council policy with regard to type curbing to be installed in front of Don's Cafe and on the North side of the Post Office, noting that curbing will require paralell parking, and it was developed that no curb would require a drainage swale to keep the water away from the edge of the paving, that a drive-over curb could be made even by hand labor for this short distance at about the same cost as the machine made, and that most likely the owner of this property would want the parking paved, that curbs make a longer lasting street, but the need for Council decision as there would be a parking problem if curbs installed as paralell not sufficient to accommodate the traffic, also limited space for angle parking as the building on the property line. No deci- sion on this at this meeting, or at the Post Office. Clmn. Lantz inquired what consideration for angle parking South of the Bank as presently used and it was noted this was designed for ~ular curbing. It was discussed that parking in this area could become quite a problem. The Council was assured that this type pav- ing was relatively easy to patch and also that the drainage swales could be graded clean.. Mr. Tryck advised that a recurring engineering problem in our City was that of the elevation of the sidewalk on one side of the street being much higher than on the other side of the street, for instance at one stretch on Fourth Avenue about one foot higher, and that in such an instance, something from the most desired drainage levels has to be worked out. He described the solution they were recommend- ing wherein the slope drains one way part way across the street and then changes to drain to the opposite side, in most cases about one- third across. Mr. Tryck concurred with Mr. Liebelt's observation that the plans as drawn are basically the same as the present drain- age. Mr. Tryck advised that wherever possible the drainage is down the center of the street. ~l~R~YKirkpatrick called attention to the amount of drainage between Lechner's Machine Shop and Seward Builder's Supply which often results in flooding of the area at the foot of Fourth Avenue and along Rail- road Avenue. Mr. Tryck agreed that this would continue to be a po- tential flood area due to the size of the storm drains running from that area under the Railroad property, that the records of the Weatrer Bureau indicate five-year storm cycles on which street engi- neering is based to handle these five-year highs, but that it appears this area will be flooded once or twice each year unless larger drainage lines installed under the Railroad, and that this was one of the things on which he desired a policy decision. He asked if the Council wanted to consider the extra expense of installing larger lines under the planned paving, suggesting that if the Railroad were not receptive to enlarging the lower sections, that not much would be gained, but that still this should be considered at this time he thaght. This entire area was discussed in detail. Mr. Tryck advised that at the t~me the Railroad was building the new dock, he was do- ~~~~~~me work ~orl~edCity and knew about an approach made by the . ~ to th~a~a~o sk...yt~ instalmmmm larger lines in that area. ..m ~he City decided it could not do so at that time,aDdthe Railroad asked that the City pay for the added expense. To question Mr. Tryck advised that the drains in this area were being planned undersized from the best engineering, due to the size of the outfall, unless the Council instructed them to engineer for the larger size in the hope of getting a larger size under the Railroad property sometime in the future. The Council discussed this in some detail with no decision reached at this time. Mr. Liebelt was of the opinion that proper drainage on Fourth Avenue and in the Alley between Third and Fourth would do much to correct this flooding as we now experience it, and to further question that when this alley drainage is diverted toward Third Avenue that the large culvert in that area could easily take care of it. Freezing of these catch basins and consequent flooding was discussed and Mr. Tryck advised that there are times of the year when it is about impossible to eliminate that entirely, that water on top of the asphalt not too bad, but water under it very bad. Myr. Kirkpat- rick asked about an apron around the drain on Railroad between Third and Fourth and Mr. Tryck advised he would check into this. Mr. Tryck then asked for Council consideration of the South side of Washington Street along the Elks Building where there is a difference in elevation between the two sides of the street so great that they are suggesting either an H~ll step curb on the North or a retaining I\~ ::.I: ~' ,'...\ rC- o, - -, - ",,_._0# --. I . ) '-, Regular iJ:eeting ~~ov ember 18, 1963 99 I wall with pipe railing on top. He noted that the existing sidewalks slope in opposite directions and t~e one is ?e1ow the other and,it,is impossible to warp the street ~o flt these clrc~stances, tha~ It l~ expensive to tear out either sldewalk and would lnvolve alterlng bUlld- ings entrances, so that they thought it would probably be best to have a step at the alley and the intersection with the retaining wall and pipe railing so peop~e cannot ge~ in ?r o~t of the sidewalk area e~cept at the intersection and alley, tnat tne sldewalk would have to draln toward the alley and the street would drain the other way. He contin- ued that they have not worked out all the details of the alley inter- section with the street, but did want to specifically mention this as it is a real problem area and whether the Council decides on the above method or another, afraid someone is going to be unhappy. Clmn. Lantz noted that there is a problem almost from the crest of the hill in front of the Post Office to the bottom of the hill and asked Mr. Liebelt if he anticipated in the future that the City would have to dig and put in dralns all the way through the alley. Mr. Liebelt was of the opinion that a ditch or curb either way on Adams would divert a lot of the water coming down there and thought by putting in a ditch it would catch a lot of that water coming through the a~ley now andmrry it to !burth. Mr. Tryck agreed that the paving was engi- neered with this in mind so the cross streets would carry the drainage to Fourth and it was clarified that this would leave about 750' to drain down the alley. Mr. Tryck advised that they will pick up the drainage from Adams North and carry it East and not South as presently and the carry-away on Sixth was noted. Myr. Kirkpatrick as~ed if the paving went to or beyond the railroad crossing on nc" and Mr. Tryck advised they have set it up to come right to the crossing, but can go further or chop it off depending on the Council's instructions or advice as to how much money available.. I Mr. Tryck called attention to the planned asphalt sidewalk from Church Street to Jefferson and then on around to the Post Office and asked the Council's thinking about this. He advised that they still did not know about the cost of the asphalt and would not know for sure until the bids are in; that they are now sure the mix can be developed from the materials available but not the cost comparison - that it may still be more economical to move into a pit and crush rock; that they have tried to be economical in their estimates to be sure the program could be accomplished; also that they have set up for a sidewalk in front of the library. Mr. Tryck discussed timing generally and advised that there will probably be things unresolved at the time of the final plans but they would like them to contain the best of everyone's thoughts; that they have retained one week in the schedule to put in last minute changes and then ready to go to bid with the whole project set up to go to bid by December 20; that it urgent to have the Council's approval of the preliminary plans no later than next Monday and this was set up for special meeting. I Clmn. Lantz asked if the surface drainage from Fifth was to the East and Mr. Tryck said it was so planned, noting further that this is one of the places where they may have to put in underground drainage; that it is planned to drain along the South side of Adams from Fifth and off Sixth through the Standard Oil drainage system. Myr. Kirkpatrick asked about the drainage on Fourth north of the grade school and Mr. Tryck advised it would be a replica of Third Avenue with culverts where nec- essary and as much surface drainage as possible. Mr. Tryck advised tha~ ~hey would continue to work along on the areas where no changes antlclpated and would make changes even at last minute as they desired the best possible program for the City and urged the Council to advise they of anything they thought the community could not live with so that it could be thoroughly examined and recommended on. Clmn. Vincent su~- ges~ed the ~ouncil quest~o~ the value of the sidewalks compared with 0 maxlm~ pavlng even reallzlng the protective value of the sidewalks. Councll to let Mr. Tryck know if it desires his attendance at next Mon- days meeting and all decisions left for then when larger Council and City Manager be present. Clmn. Lantz - I would move that we table Item 4C and take it up at a special meeting at 8:00 pm next Monday night. Seconded by Clmn. Vincent. All in favor. Actg. Myr. Kirkpatrick recessed the meeting at 9:55 pm and reconvened at 10:15 am with same members present as at recess. Item 4D - Policy re support of new Small Boat Harbor as designed by Corps of Engineers - Act. Myr. Kirkpatrick reviewed the presentation of new small boat harbor plans by the Corps on November 7, 1963 and its Regular If-eeting November 18, 1963 100 its request for a statement from the Council of support and approval of the preliminary plans if indeed it did approve them, and also a statement agreeing to the local effort amount which for this project was approximately $114,000. The 'City Clerk relayed the Mayor's opin- ion favoring Council approval of the plans and advice to the Corps that the City would try to finance the local portion but did not be- lieve the City could make any promises at this time. Clmn. Vincent noted that he had not hear the Corps' presentation, wondered how bind- ing the requested statements would be, where the money to cover the local share would come from as he was not sure the people of Seward really were in favor of this portion due to reaction when the money re- quirement is mentioned inasmuch as much use of the harbor by Anchorage people, that while he was all in favor of the project, he did think before getting all tied up with that the Council should know where the moneyis coming from. Myr. Kirkpatrick reviewed the sources of such revenue suggested by the Manager - the equivalent of lease money from businesses servicing the harbor users or even industrial developments which might tie in with this program such as the fish meal, revenue from the made land; that the City, Chamber of Commerce and those in- terested in the harbor had pressedthe Corps to make this study, and thought in a sense the City was committed to it, but also that if the Council disapproved the preliminary plans or refused to consider trying to provide the local financing that it would be dropped; that as he understood the State was comntted to putting floats into such an area so that maximum usability would be ~had and Clmn. Vincent ad- vised this was answer to part of his concern to be sure that the fees levied upon the occasional user of the harbor to help pay for this would not be all outof proportion to the benefits. It was discussed that before any definite action taken committing City funds that the Council would learn the views of the public. Clmn. Lantz - I would move that we write a letter to the ~orps of Engineers saying that we are in tentative agreement with the new boat harbor plan and also that we feel we can finance our share if the plan is approved. Seconded by Clmn. Bedford. All in favor. Item 4E - Establish policy and grant approval for proposed recreational area by Corps of Engineers - November 14, 19b3 letter from the Plann- ing & Zoning Commission giving its approval to this project as presen- ted by the Corps was read. Myr. Kirkpatrick reviewed this project also and advised the request from the Corps the same as above except no local participation required, except the granting of land, ease- ments, etc. and maintenance of the project. Clmn. Lantz wondered if there was any choice about the design details since he felt that the parked boats and trailers were in the most desirable approach to the area and the fact that foot traffic to the harbor area was not very well accommodated. Myr. Kirkpatrick noted that it appeared to him there is going to have to be another crossing of the tracks North of the trailer park where there is a suitable area for it. Clmn. Vincent asked for discuaion of water and sewer drainage in this project and it was reviewed that the Corps had advised the sewage might have to be buried; that the water taps for trailers and campers were pretty minimum as recalled and probably the City woUd need to consider improve- ments of individual service in the future. Clmn. Vincent - I would move that we indicate by letter our approval of the proposed recrea- tional area that was presented to the City bv the Corps of Engineers. Seconded bv Clmn. Lantz. All in favor. Item 4F - Various requests for approval of renewal of liquor licenses - The required written request for Council approval of the renewal containing the City Clerk's report of payment status all bills due the City wherein all items were shown as current and containing the Police Chief's report showing no record was examined by the Council for Robert and Katherine Zentmire dba Harbor Dinner Club. Clmn. Vin- cent - I would move for the approval of the renewal of the liquor license to Robert J. and Katherine Zentmire dba Harbor Dinner 'Club. Seconded by Clmn. Bedford. All in favor. Clmn. Lantz requested a new item 5H pertaining to sidewalk repairs be added to the agenda and taken up at this time so Mr. Liebelt could depart. Council advi5rl no objection to his proceeding with this item. Clmn. Lantz advised that he had become aware of a lot ~f rough places in the sidewalks and realizing the Manager was very busy in preparing for the Detroit trip and still not wanting any misunder- standing that he was trying to go over the Manager's head or give in- structions to an employee, that he had called Mr. Liebelt to ask about this and would like Mr. Liebelt to give the other members of the Coun- cil the information he had received. Mr. Liebelt advised that the Manager had reminded him just before leaving for Detroit that the earliel "..' :Z L' ,-'I ,....., ,. - .-., I lU1 instructions to make repairs to the sidewalks were not completed, but that his department did not have time to do t~is before the weather turned bad earlier, that now he was ready to do some cement work and no cement in town, tried some oil repair and no oil in town, that at this time of year any repair would be just to get through the winter. Actg. Myr. Kirkpatrick wondered about how much money would be involved in repair. Mr. Liebelt advised that a good job would be about total replacement of the east side sidewalk, that a few hours work and very little expense would patch the job up for a short time. Myr. Kirk- patrick noFed that the Railroad is using some cold roll patching on she dock a d discussed this possibility for r~ir as related to the season and who would bear the cost.Clmn. Lantz advised he thought these holes and protuberances should be smoothed up. The City Clerk advised this was the nature of the Manager's instructions to the Streets Superintendent and thought the Manager was planning on working with all property owners regarding sidewalks during the paving. It was agreed no action needed on this item. " \.. Regular liIeeting :~ovember 18, 1963 I Clmn. Lantz - I would move that we at this time takew Item B under Old Business which was tabled awaiting possible arrival of Mr. Lane. Seconded by Clmn. Vincent. All in favor. Item 4B - Authorization to re-advertise for bids to construct Public Works Building - Actg. Myr, Kirkpatrick reviewed the present status of this project as reflected by the Council's rejection of the bids opened November 12, 1963, the November 13, 1963 telegram from HHFA holding to December 5, 1963 on-site labor date and re-advertising of reduced design, and the Manager's recommendation for redesign to be worked put with Mr. Lane at this meeting. The City Clerk reviewed telephone conversation with Mr. Lane for the Manager wherein she had transmitted instructions to him to advertise commencing the ~vious Saturday for opening on December 2 on the basis that Mr. Lane would evaluate the bidding and redesign at this meeting; that Mr. Lane had advised it was impossible to do more in this time than arrange for a number of deductives coming right down to a shell; that it washis opinion the bids were too high for the building called for, that the wood frame building is the very cheapest design possible, that the exterior covering could be changed to stucco if desired and still meet the l-hour fire resistant requirement, but that this would be no cheaper than the baked sheets; that he positively could not recommend the use of the hot air furnace presently owned by the City for this building where unhealthful fumes would then be recirculated; that met- al building would not be cheaper to build, would in fact according to their present experience in building one in Anchorage, cost more than the building designed; that he believed a number of competitive bids was the solution to the problem and would act in a manner not usually expected of an architect and make sure this advertising was known to several builders. The Clerk continued that following this conversation the Manager intended to urge Mr. Lane to be present or inform us if he would not; that the new call for bids with the deductives as out- lined above were received that day. Mr. Beck then read the deductives schedule and the Council discussed this entire matter at length; its dismay at the way the bids had come in, and the apparent need to make another sudden decision and without opportunity to confer with Mr. Lane. Clmn. Lantz - Since timing is so critical in this. I would move that we approve the redesign. which in fact is the extra deductives. and the readvertising for bids on the Public Works Building and also that we write Mr. Lane a letter and notify him that we are somewhat unhappy that he did not make his appearance this evening and explain his redesign or his plan. Seconded by Clmn. Vincent. All in favor. Actg. Myr. Kirkpatrick noted the late hour and bare quorum present & Clmn. Lantz - I would move that under New Business of this agenda. Itema 5A. 5C. 5F and 5G be out on the agenda for the soecial meetiruc for next Monday. November 25. 1963. Seconded by Clmn. Bedford. All in favor. I Item 5B - October Accounts Payable, $27,650.31 - The Council having in hand the schedule of vendors, amounts and amounts allocatted to the various expense codes per department previously supplied them each month, the Council reviewed the bills with the Controller. The Mana- ger's memorandum explaining unusual items or those of particular inter- est previously provided the Council also. Shields Furnace Service bill in the amount of $372.50 was questioned if this was for a tempor- ary arrangement and wondered if this work could not have been done by a local person, but wondered if it might not be better to discuss this item when the Manager was present. It was noted there was purchase order to cover the minor costs on furnace cleaning of several furnaces but no purchase order for the $292.50 item and the Controller advised this true, that the Manager very unhappy with this bill and no employee 102 L ....;... v Regular Meeting November 18, 1963 ~"i :z knew of the details of this work performed. The Clerk advised that if the Council had desire to know more about this bill that she was sure the Manager would want them to withhold payment untilhe could investigate further. Clron. Lantz - I would move that we pav the por- tion of hields Furnace Service account hi h has been authorize in the amount of 1 0.00 Purch se Order No. . Seconded b Clmn. Vincent. iust to get to a vote. Vote - Clmn. Lantz Yes: Clmn. Vin- cent No: ~lmn. Bedford No: Mvr. Kirkpatrick Yes: Motion failed. Clmn. Lantz - I would like to move that the bills be aid in the amount of 2 2 . 1 which includes the amount of O. for which checks have alread been issued rior to a roval but excludes the bill from Shields Furnace Service in the amount of . 2. O. Seconded b Clmn. Vincent. All in favor. Detail as follows: National Munici- pal League 'ZO^2Q;g~~es w. Harrison $21.60; Calvin Beck $13$.23; Roland L Lane $695. ,'Le~6y Knaabdba Leroy the Roofer $5.00i International City Manager Association $42.00; James "W. Harrison ~70.41;subtotal $3,603.33; Addressograph Multigraph $11. 77; Alaska Court System $ $75.00; Alaska Municipal League $669.00; Alaskan Publishing Co. $35.70; Alaska Shop $~.OO; Alaska Railroad $113.57; Alaska Sales & Service $41.78; Alaska Telephone Corp. $260.45' Anderson's Furniture & Appliance $33.76; Andys' Oil Delivery $200.00; Arrow Electronics $18.05; B&C Auto Electric $307.18; Bayview Plumbing & Heating $20.00; John P. Bagoy & Assoc. $210.12; Bay City Motors $35.16; Carrington Company $205.28; Chuck's Repair & Service $43.80; Chugach Electric Assn. ip9,446.40; W. S. Darley & Co. $3.06; Durant's Hdwe. $13.60; Elks Lodge #1773 $237.00; Peninusla Motor Co. $4.90; Gateway Texaco $1.75; Glass Sash & Door Supply $22.99; James W. Harrison $40.41; Industrial Air Products $3.60; Kenai Lumber Co. $$6.00; Roland Lane $1,569.27; Line Material Ind. $266.53; Mart Variety $1.50; Moore Business Forms $9.08; Modern Motors $8.04; Northern Commercial Co. $290.17; Northern Supply Inc. $345.81; No-Vak, Inc. $74.05; Osbo's Elec. Supply $37.40; Pat, Marwick Mitchell & Co. $3,500.00; Penin- sula Motor Co. $4.90; Petty Cash ~50.60; Howard W. Pollock $882.30; Hazel S. Ray $125.00; Ed Schwab's Workshop $16.50; Seward Builder's Supply $13.41; Seward Distributors $355.76; Seward Drug Co. $2$.06; Seward Hardware Co. $52.31; City of Seward $1,$44.35; Seward Public Schools $291.80; Seward T~ing Co. $99.10; Standard Oil Co. $224.61; Su~y Center $545.611 John Surrey Ltd. $3$.80; Tryck, Nyman & Assoc. $15.40; Texaco Inc. ~101.20; Sol J. Urie $8.95; U. S. Postmaster $27.00; Yukon Equip Inc. $163.19; Yuwon Office Supply $12.56; Arctic Office Machine Co. $2.78; Chugach Electric $459.61; Petticoat Gaz- ette $63.50;for a total of $27,277.81. ,,- -, r'~ Item 5D - Instructions regarding City participation in cost of repairs and improvements to San Juan Dock Warehouse - Actg. Myr. Kirkpatrick reviewed the request of Halibut Producers Cooperative to the City to aid in improvements and repair to the San Juan Dock warehouse as set forth in their lette~ of October 16, 1963 to Mr. Reilly and to the City of November 8, 1963, copies of which had been provided the Council, and the Manager's memorandum advice that the City had no surplus at all in the budget to cover any item not budgetted and would not recommend any activities other than those already budget- ted; that he would recommend if the CEY could aid them with the use of already budgetted labor and equipment operation expense for say hauling gravel for the concrete floor, as they fled last year, that he would recommend this be done. Mr. Beck then read a letter dated November 14, 1963 from HPC advising ~hat Mr. Reilly's agreement to finance about one-third of the total cost was contingent upon the City's financing one-third, and asking the City's position as HPC not willing to find itself in the position of bearing the whole re- sponsibility for the improvements and repairs. The Council dis~ssed this matter and agreed that the City cannot put any more cash money into this warehouse in view of the 1962 expenditure and the labor and equipment assistance last winter, and the fact that the whole amount of rental from the lease is used in covering the expenses of the present fiscal budget so that any rent money to be consider- ed would that collected in 1965 and this just too far in advance to consider. The Council was advised that the work on the warehouse had reached the place, according to report from Mr. Pat Hodgkinson of HPC, that t~r Seattle office most anxious to have a reply from the Council as to what it could do. It was noted that any further revenues from the SF&CS lease were unknown at this time as the required financial statement had not been filed; that the City had to be care- ful about seeming to subsidize this firm which was in business and further that SF&CS be discouraged from thinking of doing only that which is matched by the City; also that any aid the City might give of crews or equipment not interfere with paving, etc. projects. Regular ]v:eeting November 2.G', 1993 Special Meeting November 20, 2.903 Clmn. Lantz - Due to the critical timing as expressed by Halibut Pro- aucers (;00perat1ve J. would move that we forward a letter to HPC, to Mr. Hap Hanson, and state that due to the Council having only a quorum at this meetin~, we felt we did not want to commit ourselves to any- thing definite, but that the members at this meeting this evening felt that the Council could offer the assistance of the City crews when available in furnishing gravel, painting, etc. on already budget- ted items and that a more definite letter would be fathcoming upon a meeting of the full Co~ncil and the City Manager at a future date. Seconded by elmn. Bedford. All in favor. This item to be on next regular agenda or the Monday special if so desired by the Manager. " 103 I Item 5E - Establishing current City population for Alaska Municipal League annual dues - It was reviewed that this is the basis for these membership dies and the Manager's recommendation that the same adjusted 1960 census figures, based on present utility customers as compared with 1960 utility customers, as used in the applications for accelera- ted public works applications, which was 1765, be used was read. Clmn. Vincent - I would move that we establish the current Citv population for Alaska Municipal League annual dues at 1765. Seconded bv Clmn. Lantz. All in favor.l I Item 51 - The City Clerk and Controller discussed with the Council the fact that the legal opinion requested as to possibility of doing away with property tax on such things as household furniture but leav- ing it on inventories and vehicles was not ready but that it was time to order forms for the January tax rendition; also that the new school foundation method of financing schools will use a dollar valuation on boats where the City has chosen to employ an alternate method pro- vided by statute of assessing by net registered tons and using a flat tax in two cat~gories only, and that while this still permissible, it was desired to have the Council's general views before undertaking any extens1$e preparation. It was decided to have the possible dele- tion of part of the personal roll scheduled for thorough action and study in February or so to coordinate with budget preparation and to have the boat tax an item for decision on the next agenda as the forms could be altered to this extent if necessary at the last minute and otherwise to proceed as before. Clmn. Lantz - I move we adjourn. Seconded by Clmn. Vincent. 12:50 a.m. Approved: Attest: .. a-r a~ flr:?~d- '/:Zc)C7.d;-~ Pe:t.y R. Stockton Beatrice E. Watts, City Clerk-Trease Mayor I Special Meeting November 20, 1963 A special meeting of the City Council for the purpose of canvassing the returns of the November 19, 1963 Special Election was called to order by Mayor Stockton at 3:03 p.m., November 20, 1963. Roll was caned and those present were Mayor Stockton, Councilmen Bill Lantz, Richard Kirkpatrick and Dan Bedford. Clmn. Delmar Zentmire arrived about 3 :06 p.m. Clmn. William Vincent and William Shaw were absent. Judge Inpector for this election, Fr. Randall Mendelsohn was also present. Myr. Stockton reviewed the election ordinance as pertains to the can- vassing of election returns and the canvass was made as follows: The Judge Inpector turned over his keys to the City Clerk and the election records were removed from the locked box and presented to the Council. Poll books and tally lists were examined by the Council as well as the unused ballots. It was read that the number of ballots cast at the polling place was 319, one ballot spoiled by an elector whose name was not on the taxroll but marked ballot was retrieved and not placed in the ballot box. Poll books have the name crossed out and explana- tion. The City Clerk's statement to the Election Board of names of those receiving absentee ballots, totalling 8 was noted making total of 328 ballots used and it was noted that No. 329 was the next unused ballot, and which was correct. The Election Board's tally was then read for Proposition "A" (..$135,000 general obligation street improve ment bonds. .) with 300 votes for Proposition "All and 19 votes agains Proposition "A". The City Clerk's statement to the Council of voted absentee ballots re ceived up to 3:00 p.m., November 20, 1963, and the sealed absentee ballots were examined by the Council. The Clerk then removed each vo- ted absentee ballot from its envelope and placed it face down, then shuffled them, read and tabulated as follows: 8 votes for Pro osition 104 c _ Special Meeting Xovember 20, 1963 - Special- lViee"Ging Kovemoer 26, =-963 IlA". The Council then examined $\' "/ "A" !~4'-' "i_. 308. Total votes against Proposition Myr. Stockton advised that this concludes the canvassing of election returns and no other business on the agenda of this meeting and therefore declared the meeting adjourned. Clmn. mire so moved. 3:20 p.m. the special Zent- Attest: V:~-rf :r: 7/)cZZZZ Beatrice E. Watts, City Clerk-Trease Appr,Aoved: 0Pttyu 4-4;J Perry R. Stockton Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Special Meeting November 26, 1963 A special meeting of the City Council for the purposes as set forth in Agenda Items No. 1 through 8 below was called to order at 8:00 p.m., Tuesday, November 26, 1963, with written concurrence of all members on record for postponement from the original call for Monday November 25, 1963 to this date to the President's Proclamation that Monday be a day of mourning for President Kennedy. (1) Roll was called and those present were Mayor Perry Stockton, Councilmen Bill Lantz, William Shaw and Richard Kirkpatrick. Clmn. Vincent arrived about 8:15 p.m. Clmn. Delmar Zentmire and Dan Bedford were absent. City Attorney Howard Pollock, the City Manager and Messrs Frank Nyman and Dan Chapman of Tryck, Nyman & Associates were also present. Item 2 - Preliminary plans for street improvements for approval and recommendations - It was noted that this item was carried over from the regular meeting of November 18, 1963, and since the minutes of Mr. Tryck's presentation were not completed, Mr. Chapman gave a de- tailed presentation and explanation of the preliminary plans. Mr. Chapman advised that one of the worst problems is the difference in height of existing curbs as also reviewed by Mr. Tryck, and that the design was for 6" cubs and with 3% maximum slopes~hat angle parking feasible, and that drainage will be 3% 8' from one curb and then the normal 2% to within 8' of the other curb, except on 5th avenue ~ towatl the bottom of the street, the curb is so high that they are plan- ning on a new curb in addition to the existing curb some 2' or 3' from the existing curb, and this to prevent the severe grade presently between the existing curbs. On Railroad Avenue he advised the 2% grade would be used, Type II curb where new to be installed, sharp drainage ditch between Second and Third, drive-over shoulder and drainage between 5th and 6th. The Type IV curbing he advised would be used in some of the worst conditions where the curbs of say l' or so difference in level such as occurs on Washington and Adams, and where the drainage plan is to carry the water all to one side of the street and carry away by some drainage method. Type V strip paving to be used on 2nd, extension of 4th, R~xj and 6th. Type IV on page 24 was changed to Type V at the Meting at Engineers' request. Mr. Chapman advised there would be considerable cutting down within the right-of-way area of the high side of these streets and shaping&for drainage ditches, that it would be nothing like the condition on 3rd Avenue, but would be considerably different from the presently used area. To question he advised that all of the recommended sections would match up with future sidewalks, all de- signed specifically to do this. Mr. Chapman called particular att- ention to the 4' difference in elevation between the two sides of the street. Eourth Avenue and Railroad were reviewed again in de- tail as at the previous meeting. Mr. Nyman estimated the added cost to increase the lower 4th Avenue drains at $500 - $600 for 250'-300- of pipeplus the labor; and advised that he did not believe too great a problem to use the smaller pipe but that the City should realize there would be a certain collection of water in that area from time to time. The City Manager recommended continuing with the same size pipe already installed through ARK property; to question Mr. Liebelt advised he did not believe the larger line in the to be built area would aid in preventing freezing or sediment collection as the present drop considerable. Mr. Nyman suggested decision based I Special Meeting November 26, 1963 :l()~ on how much inconvenience to the people and what hope of getting the Railroad line enlarged in say ten years; that not talking about much money but also every little bit makes for a larger paving program. Council discussed this and decided to install the same size line as the Railroad line in putting in the two new storm drains catch basins. Thenew asphalt-concrete sidewalk from Church Street on Fourth on around to the Post Office was discussed, cost estimated by Mr. Nyman at $6.00 per lineal foot exclusive of the curb or about $4,000 which could purchase about 2/3 of a block of paving; the Manager pointed out that normally when there is no assessment district that the prop- erty owners abutting are required to put in the sidewalk at their own expense, and the Council agreed that the sidewalk should be dele- ted. The Council then took up the problem of whether to have curbs installec along Don's 'Cafe building as presented in the November 18, 1963 dis- cussion,and also the same problem just North of the Post Office and the Baptist Church or in these areas if it would be preferred to in- stall drive-over curbs or drainage ditches in order that in these 3 areas the parking problems might be alleviated at the time of the pav- ing. The City Manager advised that it was his intention when the con- tractor was on the scene to get firm prices for any work property owners might want done by the contractor and to encourage paving of such areas as the three above described, sidewalks, etc.; that other than such areas as Don's Cafe where the parking already established, that it was very important the curbs be installed uniformly so the City can control the ingress and egress of traffic into the streets, for the reason that every cut in the curb creates a hazard. Mr. Ny- man agreed with these views and pointed out further that anything dif- ferent from the Manager's recommendation gets to belprivate use of the public streets and the public lo~~& much of its parking facility. It was agreed that at Don's Cafe th~*angle parking would just barely be possible but that he could not use the parking so near the corner as oocasionally done now. Clmn. Vincent asked if Mr. Nyman had seen any of these drive-over curbs in use to know if they gave good servica Mr. Nyman advised there were some installed on the Seward Highway which had been put in at the time of paving the highway; that he would advise that they cannot stand abuse and the best assurance of satis- factory use record to be able to use care in the cleaning operations and patch any damaged spots right away, that then he believed they would give good service, otherwise would not have recommended them; that in fact concrete curbs could not stand abuse and the comparative cost $3.50 - $7.00. The Manager noted that the City crews woul~ be able to repair the asphalt curbs and continue with building same and would back up the curbs with gravel to support. Mr. Chapman advised they had decided against the drainage as shown on Fifth from top Soub as the fall was too much and recommend instead a valley gutter of gradual slope which not noticeable since it is a stop street anyhow, though if driven over without stopping would~ive a bump; to question that the grade was about 1-1/2 ' between the two sides of the street on Adams. Myr. Stockton called attention to the piling up of water at thVa~~b~hw~ corner of 5th and Adams and Mr. Chapman advis~d with this gu~ter drainage it would not gather but would run dowhoWashington and on around the corner; mostly new curbs on 5th except as otherwise discussed at the lower end. Myr. Stockton asked if it was thought to be a problem cutting thaw wires in the grading work and it was discussed that while these wires property owners responsibility that the City would cooperate with owners in this project as in the water work and get all we can know about corrected and located. It was noted that Church Street is designed with a center drain and is not wide enough for parking on both sides of the street, drainage will be into 4th Avenue from the alley between 3rd and 4th at Church also; no curb to be built on the south side of Church. Mr. Chapman noted that in the areas discussed the Council would note the standarl curb shown and after getting into it will be using Type I instead of Type IV. ~he con~ition at the North of the Elks Building was then discussed 1n deta11 as set forth previously and advice of Engineer still the s~e to build; the retaining wall with rail on top, that the maximum he1ght of the wall would be 2' at the alley, estimated cost about $750. and about same cost for the alternate step curb on Oppos1te side which would not permit travel through alley due to l' or so change tin level. It was ageeed that parking along the Elks Bldg. would probably come up for review as not good to encourage unloading into street, and I I lU6 '0 _ L-.J Special Meeting November 26, =_963 also the Engineers advised they would go into Clmn. Lantz' suggestion of a split sidewalk which would be very narrow near the building but give discharge space on the street side, but they really did not be- lieve a aidewalk of say 3' would be acceptable. Railway Avenue was reviewed as pretty much same levels ~s p-rese~tly, with tilted section to accommodate for difference in leVet~~e~itna &5th, catch basin near ARR jitney shop added, and most drainage from this area moving off to 3rd Avenue catch basin. At the park wall the pav- ing will come up against the wall with curb to carry off water. At 6th & Railway, new curbing on the North side, existing catch basin changed and have one on the North side with pipe across the street to another catch basin and then carry it off. The strip paving on 2nd, Sixth and their connecting streets, and on 4th from Jefferson North and on "C" Street was reviewed at various times, standard 24' width, Type V. It was noted that there is a ~ice large tree on Fourth in the 400 block East side which will have to be removed and a hydrant at Fourth and !lA" needing to be moved and the Manager said the City would assist and coordinate these things and any other similar items. In summarizing Mr. Nyman listed these items: (1) Council wishes to delete sidewalk on Fourth Avenue and on Jefferson Street up to the Post Office; (2) To stay with the storm drainage size equivalent to which can be carried away by The Railroad drainage system; (3) Not go into paving in front of busine~s at this time; (4) Point to re- member to back the asphalt-concrete curbs; (5) City to go through the records on thaw wires and get out of the right-of-way; (6) Adams from Third to Fifth changing from Type IIIto Type I; (7) Retaining wall on the North side of the Elks Building, recognized as a prob- lem but no one can see anything better; (8) Extend paving around the catch basin at the foot of 4th a little more than planned; (9) Storm drain by State Building out and drainage to go South and East from that intersection; (10) Tree and hydrant on 4th and power pole in front of the library to be moved and City responsibility to do so; and to request for further consideration on (7) by Clmn. Lantz,. there was no decision to change (7). Clmn. Kirkpatrick - I would move that we give our approval to these plans with the changes noted and instruct they be submitted to HHFA. Seconded by Clmn. Shaw. All in favor. Council recess called bv Myr. Stakton at 10:10 p.m. and reconvened at 10:20 with same Council present as before the recess. Item 3 - Receive tabulation and consider award or rejection of bids received for Emergency Elevator for Seward General Hospital - The Manager advised that the Council had copies of the tabulation from the November 19, 1963 bid opening at which five sealed bids w~re received by the City prior to the opening, and were 1 publicly opened by the City Controller, tabulated by the City Clerk, with the Architect present along with a number of interested persons and two of the bidders. The bids were as follows: Ramstad Construction Co. of Anchorage Base Bid $42,880.00 plus $250.00 to furnish & install two electric heaters (which alternate the Architect advised was not called for in the bid documents), Deductive A, $800.00; James Const- ruction Co. of Seward Base Bid $29,847.00, Deductive A, $286.00; Jim Cameron of Seward Base Bid $27,203.00, Deductive A, $-0-, Deduc- tive for circulating pump $200.00 (which deductive the Architect ad- vised was not called for in the bid documentsl Hamacher Builders of Anchorage Base Bid $3$,773.00, Deductive "A" $1,6$0.00; Hamacher Builders of Anchorage by bid hand carried by the Architect bid if letter form for summer construction only a Base Bid of ~IJJOOII~ $34,850.00 plus 1% for payment and performance bond or $35,19$.0 less $1,6$0.00 for Deductive HAlf and less $17.00 for Bond or $33,5i~.00. See below for details re bid bonds and guarantees. The Manager then read the letter of recommendation from the Peninsula Community Hospital Association,which is committed to pay for the local share, in which they advise the Association does not have the amount the apparent low bid is over the planned expenditure, and therefore ask that all bids be rejected and if Federal Funds still available that the bids be readvertised with deductives of the porch, paint & heat. The Manager pdvised that this action was taken after the San Francisco Office of USPHS was closed and the HHFA office in Seattle and he therefore did not know if their approval to this could be se- cured for the time extention needed to readvertise or if the money would still be available. The Manager noted that all the bids are higher than the money available which was $25,200; also that the bid 1\,' .':J ,- l~. I I I '. _ Special Meeting November 26, :963 1 n 7 of Jim Cameron which is the apparent low bid did not have a certirted check for guarantee as required but had a personal check; that this de- ficiency had been reported to all bidders ~ith request that any complaint be made for this meeting, and a certified check had been f~ed by Mr. Cam- eron. and also in the deductives Mr. Cameron refers to a circulating , heater instead of interior painting. The Manager also noted that after discussion with Seattle it was made clear on three occasions that work could be stopped by the Architect due to inclement weather and this should have been clear in the bid documents, yet one contractor says in his bid that it would make a difference of over $3,000 if he could build after winter; that the Architect says he advised them verbally; that today an addendum to the lpublic works building bid documents setting this forth had been received, and he therefore wondered if ~t had been clear. The Mayor asked the City Attorney to comment on the legal aspects of the personal check presented with Jim Cameron's bid. The City Attorney advised that this was not a critical item in his opinion, that the correct steps had been taken to advise the other bidders of the discrep- ancy and proper guarantee had been received subsequent to the opening; but that he did believe that at some point the City would have to de- cide whether or not it is going to require strict compliance with the bid documents; that he had come to the meeting intending to recommend rejection of this bid as a non-responsive bid, as in his estimation he did not do what the bid required. The City Attorney noted that the City had just concluded another situation not unlike this one where a great deal of effort was undertaken on the part of the City and the bidder to clarify and secure Government approval of a bid; that he felt it would not be in the best interest of the City to seem to approve this manner of doing business. It was questioned as to how the City might proceed if the Government will not grant an extention of time for re-advertising and the Manager advised that Peninsula Community Hospital Association clearly understood that if the Government would not grant an extention that the project would be stopped and they would be responsible for alloosts to date. Clmn. Kirkpatrick - I would move that we accept the recommendation of the Peninsula Community Hospital Association Board in its entirety and ask that it be read into the record. Herewith: '~embers of the Board of the PCHA 0 eratin Seward General Hos ital met in s ecial session Tuesda November 2 1 at Jerr Martin moved that because the hos ital does not have 00 ask the Cit Mana er to recommend to the City Council that all bids for the elevator for Seward General Hospital be rejected. and that if Federal Funds are still available that the bids be readvertised with the deductives of the porch. the pai~ and the heat. The motion was seconded by Paul Stockard and carried unanimously.1I Seconded by Clmn. Vincent. All in favor. Item 4 - Quarterly financial report - all departments (carried over) - Mr. Cal Beck, Controller, presented the report to the Council which had :t~~ceived copies in Oct~ber, calling attention to Electric Department j,ftJ.rst quarter net earnJ.ngs of $3,441. and the capital improvement for i~~~creased service to The Alaska Railroad completed; the Water Department ~J.rst.quarter net ear~ings $949.with discussion of the cash position 7n thJ.s department whJ.ch was still overdrawn as a result of the capital J.mprovements on Marathon chlorinator and new lOll line to HPC, and that the average monthly expenses not including depreciation are running a little more, about $300. more each month than revenues, but also that when HPC resumes operation there will be an increase in rates and re- ~valuation of other industrial users; also that we are getting an opin- J.on.f:om Preston, Thorgrimson, Et Al on the amount of 1953 Bond Reserve defJ.clency as the staff opinion differs from the auditor in having this amount pegged at $12,853 at June 30, 1963 instead of $21,756, as it may bec~m~ nece~sary to b~rrow.from the Electric Department to cover this deflcle~cy ln connectlon wlth the next item of this agenda. The Control- l~r advJ.s~d that ~he City municipal revenues and expenditures are run- nl~g conSJ.stent wJ.th prior periods andno difficulties anticipated in thlS regard. The.C~ty Manager p~inted ou~ that the Water Department has this long standlng but steadl1y reduclng bond reserve deficiency and since the Str~et Improvements ?onds are coming up for sale, that it would be most desJ.rable to meet thlS committment with borrowed funds and he was so recommen~ing under Item 5; that Halibut Producers wate; use was running greatly ln excess of ~heir water bill and; the City now has a meter for test and rate.evaluatlon purposes, that HPC is in agreement this should be d~ne to brlng the water rate up to a realistic figure; that this and testlng of other large users, this department should be able to break 108 ') .' ~o, 1963 '.. _ v 3pecial Ivleeting November even. To questions the Manager advised that the water utility was losing customers but not more than the electric utility and not seri- ously, but as he had reported to the Council, a very great deal of money had been spent this summer on building the needed capital improve. ments for which the City had committed itself at the time of planning the bonded improvements; that the small net profit does not indicate an inefficient water department, but reflects ~he tremendous load it is carrying in still paying into water reserves, as it will need to do for another two years or so, when the maximum should have been reached years ago; reflects the department lpaying the full 12.5% administrative cost which the City estimated the utilities should pay on their gross sales to pay their share and which the auditors insisted on reducing to 8% for the 61-62 year; and the capital pro- gram; that it is very important that we not go into any more capi- tal improvements except those which can be done from budgetted labor and materials on hand; that in addition to the ab~, the water de- partment had paid for the larger tank from current funds, and that all these things had made it impossible to make up the bond reserve deficiency and thus be finished with a monthly payment of some $550. The Manager advised that he was well pleased with the report prepared by Mr. Beck and was in the style he was accustomed to presenting to the Council. He advised also that the general ledgers are now all on the machine and shortly after the end of each month are posted so that more timely data on the status of each budget item can be had should the Council be interested; that we are not posting encumbrances but by keeping in mind the orders throughout the month, can pretty well keep current. Item 5 - Receive report on Water Bond Reserve deficiency in relation to bond sale for paving and authorize loan from Electric Department to Water Department to cover this deficiency. Proposed Resolution No. 345 (carried orer) - The Manager noted that the Council had pre- viously received a summary of the letter of opinion received from Preston, Thorgrimson, et al establishing this deficiency at $12,853 as of June 30, 1963 and $10,107 at November 20; that the City not being in ftil agreement with the auditors on this amount, that they have said the way to secure an unassailable opinion is from such a bond attorney ; that this reserve deficiency must be cleared up in order to sell the bonds for the street paving at a good figure; that the Electric Department has the funds to loan-from its needed work-: ing capital reserves and the ban would be repaid by the monies other- wise used to pay the monthly amount now bein~ placed in the water bond reserve account; that this amounted to ~549. per month and the payment on this loan would amount to $450.; also that the Water De- partment has just finished paying $100. to the Electric Department for the backho~, and the discussion of Item 4 regarding revenue and expenses was reviewed, so that the Manager advised he recommended approval of this Resolution and believed the $450. or more could be paid each month on the loan. To question about amount of overtime required for the operation of this department, the Manager advise that the normal budget accommodated a reasonable amount of overti These financial conditions as revEMed in this item and Item 4 wer ,~ discussed. Clmn. Shaw - I move that Resolution No. be ado ted. Seconded b elmn. Vincent. All in favor. This Resolution read in ;full as customary preceding the discussion. I\.~ CI: L l fr: · ~l RESOLUTION NO. 345 WHEREAS the electors whose names are on the taxrolls of the City of Seward on November 19, 1963 will be voting on whether or not to sell general obligation bonds in the amount of $135,000 for street improvements, and WHEREAS any deficiency of any sort in any previous commitment connected with a bonded indebtedness of the City will work to the disadvantage of the City inh~arketing of any bonds which may be so authorized, and WHEREAS the 1953 Water Revenue Bond Reserve Requirement is $53,500 and $43,393 is deposited for this purpose, leaving a de- ficiency of $10,107, and WHEREAS the Electric Department has on hand in its operational reserve funds a sufficient amount to be able to loan this amount of money to the Water Department without in any way endangering its own functions or responsibilities, and WHEREAS the Water Department will be able to repay the Electric Department for such loan i'rom the revenue which is presently committed I I I Special TJ:eeting November 26, 1963 109 for payment into the 1953 Water Bond Reserve, namely $549. per month, and 'WHEREAS Section 11.1(a)(3)(c) of the Home Rule Charter provides for loans from such accumulated reserves, NOW, THEREFORE, BE IT RESOLVED that the City Manager a~d City Clerk be and hereby are instructed to execute a note effect~ve December 19, 1963 for loan of Ten Thousand One Hundred Seven ($10,107.00) ~nd No/IOO Dollars by the City of Seward Electric Department to the.C~~y of Seward 'Water Department, without interest charge, to be repald In full on or before November 20, 1965. Payment shall be at the rate of not less than Four Hundred Twenty-two($422.00) and No/IOO Dollars per month to be paid not later than the twentieth of each month commenc- ing D~cember 20, 1963, or at such accelerated rate as may be possible, it being the intent and desire of the City Council that the Water Department shall repay the Electric Department for this loan at the earliest possible date. Publication of this Resolution shall be made by posting a copy hereof on the City Hall bulletin board and by publishing a notice of the place of posting and a brief statement of the purpose of this Reso- lution in a newspaper of general circulation in the City within a reasonable time. This Resolutionlshall be in full force and effect immediately upon passage and approval by the City Council except that said note for loan shall not be executed nor said funds transferred until thirty days have passed from the date of this Resolution. Passed and approved by the Common Council of the City of Seward, Alaska, this 26th day of November, 1963. (See above for adopting motion.) Item 6 - Proposed contract with State extending part of its Personnel Ru~ to City employees under Civil Defense refund grant. Proposed Reso- lution No. 346 (carried arer). - Resolution 346 read as follows: RESOLUTION NO. 346 BE IT RESOLVED that the City Manager and the City Clerk are hereby instructed to execute and deliver CONTRACT FOR PERSONNEL SERVICES BE- TWEEN THE STATE DIVISION OF PERSONNEL AND THE PUBLIC SAFETY DEPARTMENT OF THE CITY OF SEWARD dated November 26, 1963. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by The Common Council of the City of Seward, Alaska, this 26th day of November, 1963. The Manager explained that under the Civil Defense State and Federal participation in local payroll and certain expense costs as presently operating in the City, that it is necessary for his secretary to be covered under certain areas of the State's personnel rules; that he had checked and any areas where there might be a conflict have been de- leted from this agreement; that this is the same agreement entered into by other cities under this refund for cost of local civil defense pro- gram and that it is operating without problems; that it woWd cost the City $100. per year. Clmn. Kirkpatrick - I move for approval of Resolu- tion No. 346. Seconded by Clmn. Shaw. All in favor. Item 7 - George Goodhue dba Yukon Bar request i'or approval of renewal of liquor license - The Manager requested this be remOfed from the agenda as there were some technicalities not yet cleared up and this was done. Item 8 - Discuss the appointment of a Council representative to the Borough Assembly (carried over) - Myr. Stockton reviewed the require- ments upon the Council in this regard, requested discussion on possible travel expense presuming the borough center woWd be in the Kenai-Soldotn~ area, and asking if there was any member who would like to serve in this capacity. Council discussed the problem generally and the time table and asked that this be on the agenda for the next meeting. Clmn. Lantz - I move we adjourn. Myr. declared adjourned. 11:30 p.m. Attest: Approved: . 'lJo(lLA;1 7: ---wcuL_-- p;?~;~ ~C~4MaYOr Beatrice E. Watts, City Clerk-Trease - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- 110 Regular Meeting December 2, 1963 The regular meeting of the City Council of December 2, 1963 was called to order by Mayor Perry Stockton at 8:05 p.m. Roll was called and thosE present were Mayor Stockton, Cuuncilmen Richard Kirkpatrick, William Shaw, Dan Bedford, Bill Lantz. Clmn. Delmar Zentmire and William Vin- cent were absent. City Manager was absent due to illness. Controller was presentto aid in the presentation of material. Item 2 - Open bids for Public Works Building - Myr. Stockton reviewed telephone discussions reported in memo by the City Clerk ~t between the Clerk and Mr. Lane's associate, Mr. Mason, and then between the Clerk and the City Attorney as relates to a sealed bid in the possess- ion of the Architect which the bidder desires to be read to the Council at this time due to the fact that it had been delivered to the Architect for delivery to this ~ening, which was rendered impossiblE due to icy road conditions and continued efforts on the part of the Architect to fly to Seward were unsuccessful. The City Attorney ad- vised he thought it was altight under the conditions described to accept the call and say we are taking the information with no determi- nation as to whether or not it qualified, could probably go so far as to say the bid was turned in to Mr. Lane, the City's Architect, as an agent of the City, and that weather prevented him from making the trip as scheduled, and the recommendation for an award will be held in abeyance pending a determination as to compliance by HHFA. Council agreed that it desired to hear the bid under these conditions. The one and only sealed bid presented at this meeting was then opened and read as follows: Upon which a telephone call from Mr. Mort Mason of Roland H. Lane, Architect's office was accepted and the following bid read to the City Clerk and all interested persons: JDl CAMERON, Box 1304, Seward, Alaska, accompanied by certified check in the sum of $6,262.70 THE BACHNER CO~iPANY by Karl A. Bachner, P. O. Bxo 4-1577, Anchorage; Bid Bom Base Bid: $111,500.00 Deductive ~l 1.00 II 2 1. 00 II ~3 1.00 114 1.00 II 5 1.00 II I 6 1. 00 "7 1.00 $.00 Less Deductives: '111,493.00 II rr II II II $1251254.00 ~l - 'l'9,022.70 ![2 7 , 3 3 9 . 40 1/3 5,402.94 i.4 12,838.38 5 7, 235.49 6 20,337.77 t~7 180.00 02,~t6.68 Deductives: . 2,697.32 Base Bid: Deductive II Less Myr. Stockton called recess at 8:30 and reconvened at 8:45 p.m. with same members present as at recess. It was noted that the maxi- mum sum available for construction was $62,300 including construction contingency but not including project contingency. The City Clerk re- ported discussion with the City Manager by telephone during the recess, that he was very disappointed in the bids; that he would certainly like to have the Architect's advice to the Council on this matter to evaluate if an award within the available funds would be at all reas- onable; that there would be advantages in having at least a shell which could be added to in future instead of a building which is far past repairing; that if the Council wished he could certainly put the shell to immediate use by installing the hot air furnace which was secured for that purpose. Council discussed these problems in detail including the requirement for on-site labor by December 5; whether or not redesign would be possible under the Government's time schedule or what extentions they m~ht grant. The City Clerk and Controller to ask HHFA next morning (1) can an extention of time suit- able for redesigning be secured, especially in view of the fact we are into the winter months; (2) would funds be available for a compl- ete new project ; or could these funds be held for a future date and not completely cancelled; in other words, what alternatives possible. Clmn. Lantz - I would like to move that we accept receipt of the two bids, one from Mr. Cameron and one From the Karl A. Bachner Company in Anchorage, but that we delay the awarding or rejection of these bids until such time as we can hear from HHFA and get a recommenda- tion from them, possibly tomorrow. Seconded by Clmn. Kirkpatrick. All in favor. Item 3 - Minutes - Clmn. Shaw noted correction needed on Page 93 that the recreational areaof the proposed harbor lay to the North, not East of the commercial area. On paga 92 Clmn. Shaw wondered if clear that the question was also, could the property thenbe sold; this was reviewed and agreed intent was that the tentative approval required delivery of title insured property which could and would be mld. "1\."') cr.. (""- l f::. I Regular Meeting December 2, 1963 t11 Clmn. Kirk atrick - I move for a roval of the minutes as corrected 'pages 7 to 93 inclusive. Seconded by Clmn. Shaw. All in favor. Item 5A - Receive tabulation of bids for construction of Public Works Building and consider award - Clmn. Kirkpatrick - I would move that Item 5A has been handled under Item 2, the opening of the bids. Sec- onded by Clmn. Shaw. All in favor. Item 5B - Agreement with Lloyd Blondin,dba Seward Contractors, for use of D-8 cat surplus to City's needs for building road to Tonsina Point. Proposed Resolution No. 347 - Myr. Stockton advised that the Manager and Mr. Blondin had asked that this be tabled until the next regular meeting - Clmn. Kirkpatrick - I move we table Item 5B under Old Business until the next regular meeting. Seconded by Clmn. Shaw. All in favor. Item 5C - Various requests for approval of renewal of liquor licenses - The request of Ellen Goodhue to be transferred off the Yukon Bar license was reviewed and which showed all bills and taxes paid the City per Clerk's report; no adverse record per Chief of Police's report. The request for renewal of Yukon Bar license in the name of George E. Goodhue was examined by the Council. Clerk's report indicated all bills and taxes paid, Chief of Police report showed no adverse data on record. Clmn. Lantz - I would move that we ack- nowledge the transfer of the Yukon Bar license from Ellen Goodhue and George E. Goodhue to George E. Goodhue and that we approve the renewal of the license. Seconded by Clmn. Kirkpatrick. All in favor. Item 5D - Discuss establishment of sledding areas - The Clerk advised that the Chief of Riice had been present earlier in the meeting for this item but without having had an opportunity to discuss it with the Manager and that she had advised she would recommend tabling of this item, pending the Manager's advice. Clmn. Kirkpatrick - I move we table Item 5D until the next regular Council meeting. Seconded by Clmn. Shaw. All in favor. I Item 5E - Discussion of appointment of Council's representative to Borough Assembly - The Clerk advised that upon researching a question posed by a citizen, that close reading of the Charter, Constitution, and Borough Act posed several questions, so that she had written the City attorney as to whether an ordinance or resolution preferable enabling and for advice in the matter of what alternatives before the Council, and that the reply not yet received. These references were reviewed in detail by the Mayor and it was decided to keep these things in mind and plan on taking definite action at the next regular meeting. Item 6A - Instructions for lmanner of assessing boats, i.e., by value or by net registered tons - The Clerk explained that the City for the only two years which boats have been taxed at all in the City of Seward, has used the net registered tons basis but that since this has been determined each year and since the school local support computations require that a dollar valuation on boats be used in de- termining the amount of local support, regardless of the method of assessment actually employed, that it is desired to have the Council's instructions; that she believed the Controller had some information an this. Mr. Beck advised that all other coastal cities in Alaska in attendance at the assessing school in October are using the net registered tons base; that the problems of arriving at an accurate dollar valuation on boats, particularly home-built boats is almost beyond coping with. The Council discussed this problem, noting that any deviation from absolutely uniform tax assessing may seem to be unequal but that this particular method is provided for in the StatUE and on t~e economically realistic basis of encouraging this highly movable lndustry in the State and in the municipalities. Council dis- cussed this problem. Clmn. Lantz advised he was concerned about the amount of revenue this might represent and suggested assessment by boat owners rather than by the City Assessor. These things and the conditions and changes of recent years were discussed. Clmn. Shaw- Because of the reaceipts from boats in other manners and the desire of the C~ty to encourage its boating industry. and the policy of the other ma~o~ se~port~, I would ~ove that the manner of assessing boats that the Clty lS uSlng as provlded by the StatUES be left in continu- ance. Seconded by Clmn. Lantz. All in favor. Item 6B Discuss and possibly authorize contract for crushing of rock for seal coat paving - Refering to the Manager's memorandum and the I 11~ Regu'ar ~^ee"" ~ b 2 ,,,r~ "", ~ 1'. vlng uecem er , -'_70) 1\.' :I 1'- price quotations developing, Clron. Shaw - I move the City Manager be ins truc ted to continue in his negotiations wit:.h the Kalmbach Construc- tion Company i'or the crushing and stockpiling of rock in the grades set forth in the proposal. Seconded by Clmn. Lantz. Clmn. Kirkpatrick requested amendment - and that a contract for same be submitted at the next regularlmeeeting. Seconded by Clmn. Shaw. Vote on the amendment - all in favor. Vote on the motion - all in favor. l r.:- Item 6C - Sid Urie's resignation from Planning & Zoning Commission, and appointment of replacement (term ends 2/15/64)- Clmn. Lantz - At this time I would like to move that the City Clerk be instructed to ask for a recommendation i'rom the Planning & Zoning Commission to replace Sid Urie and at that time take this item on the agenda. Sec- onded by Clmn. Kirkpatrick. All in favor. Item 6D - Inasmuch as the City Manager~ ill and not present, there was no report from him. To Clmn. Lantz question the Mayor advised that his Seattle trip had been delayed and he would be there the week of December 16 and would then contact Mr. Harstad. Clmn. Kirkpatrick - I move we 10:30 p.m. Attest: tZ~a r.7.d~ - Beatrice E. Watts City Clerk-Treasurer adjourn. Seconded by Clmn. Lantz. Approved: ~~~!~f~ton Mayor - - - - - - - - - - - - - - - - - - - - - - - Special Meeting of December 9, 1963 An emergency special meeting of the City Council as provided under Section 3.5(d) of the Charter was called to order by the Mayor at 4:05 p.m. December 9, 1963 for the purpose of (1) roll call; (2) Con- sidering award of Public ~orks Building construction contract pend- ing HHFA approval, proposed Resolution No. 34~; (3) Proposed Resolu- tion No. 349 authorizing City of Seward Public Works Building Const- ruction Account; (4) Authorization to deposit $2,000 additional contin- gency funds in Public Works Building Construction Account, Resolution No. 350; (5) Arrangements for sale of Street Improvements Bonds. All members being present and thus meeting the prime requirement to bestow legal status on a meeting held without the six hours written notice, the Mayor asked if there was any objection to the holding of this emer- gency special meeting and there was none. Roll was called and those present were: Mayor Perry Stockton, Councilmen William Shaw, Dan Bed- ford, William Vincent, Richard Kirkpatrick Del Zentmire and Bill Lantz; the City Manager was present. (>\J'l ' Item 2 - Public Works cbntract - The Mayor noted that the Council re- alized this was the last opportunity to act on this subject to retain ;the government funds and asked the Manager to report on the develo~- ments since the regular meeting of December 2 (see minutes page 110) and the Council's several questions to HHFA. The Manager advised that first HHFA saw no reason why the redesign could not be approved since we are into winter etc., but on December 6 the decision had come thro- ugh from Washington that they could not give any further consideration and the offer would be cancelled if not accepted t6day~ contr~et to be signed and on site labor immediately. The Manager advised that the Government was concerned that the building would be useable and he had advised that the City has a furnace to put in it; they are willing to readjust the project fund allocation so that the contingency funds could be used in the construction if the Council wishes to accept the contract but will require an added contingency of $2,000 to be deposi- ted by the City. He noted that any contract changes and spending of any co~ingency funds must have Council approval so that the Council can absolutely control such added contingency if this is done. The Manager gave a complete summary of the copies of documents the Govern- ment would require; that the G~ernment had advised they were not re= commending the Council buy this building as this is its responsibility, but were extending the deadline till Tuesday the 10th and the telegram of cancellation to be disregarded; also that the Architect had made a formal recommendation that the Council do accept the contract within the funds available. The Manager then showed the Council the plans and what would be se- cured by an acceptance of the total bid less all deductives except the No.7 for $62,877.32, 3,744 s.f. of covered building space at $16.76 per s.f.; no floor; not get all the electric wiring done; not I I I " - J....... ..... . ./ Special Meeting December 9, 19D3 IJB a furnace but we have a furnace to put in it; that we would simply get four walls and the roof; that Mr. Lane recommended the Council buy this shell and he did also for the reasons that what is now being used for this purpose is very expensive to heat, has far outlived its use- fulness by many, many years and does not justify expenditure of any sort to improve it as there is just nothing to build to and any such expenditures would be very short term improvements; that if this offer is not accepted, the City cannot take its portion of pledged funds after paying total architect, etc. and come out with anywhere near the value of building as it can under this project. The Manager called attention to the wide variation of bids on the equipment storage area with concrete floor being from $4,178. to $1,301. and advising that these walls could be had under the funds available and the City could then do the floor much cheaper with its own labor when the men are not busy with outside work; that whatever money is spent on this new build- ing will be money spent on a worthwhile project while anything spent on the old building is wasted money; that he is not trying to sell the Council on this project but wished to make clear his recommendation. Clmn. Kirkpatrick asked if the shell were accepted if the architects fees would be less since there would be fewer trips for inspection, etc. and also if it would be necessary to complete per the plans or if the Council could work out ways to save some money here. The Manager advised he did not know about the fees and City should remember there had been the readvertising work, but certainly less work on the inspec- tion; that HHFA has no interest in the specifications used on the remain. ing portion but simply wants it to be a usable building. The Manager advised he thought there were several ways the City could get this buitiing comp~ed such as trading work on electric department equipment say for wiring or by the street department itself, etc. Clmn. Lantz advised that he objected to the acceptance of either of the bids or the completion of the buildin~ in any other manner, that the shell is going to cost the City over $30,000 and he believed that if the City crews could be tied down for such work as completing this building that there were too many in the street department and the City should lay some off instead of doing this work; that with over $60,000 tied up it could only be used for storage for three to five years until completed and he thought the City would be better off to wait and start from the beginning on a cheaper building; that he had talked with a con- tractor last week and the figures discussed were $22. possibly $19. per s.f. for a completed building; that talked with a banker in Anchorage who guaranteed a store building without partitions etc. for $17.UO per s.f., that concrete might be cheaper later and he thought it in the best interests of the City not to accept this bid. Clmn. Vincent advised that he recalled this application was in f'ourth place or so in terms of priority of the City and was beginning to wonder about the advisabil- ity of proceeding and thought the bids should be rejected. elmn. Kirkpatrick asked what the City would be throwing out in archi- tect fees, etc. if it did not proceed and the Manager summarized these and administrative costs at about $7,000 which the Clerk thought a reasonable figure, the architect's fees being $6,000. Clmn. Lantz questioned that this sum would be a loss since the same plans could be used later. The Manager advised this was just what he had been strugg- ling with and did not believe the City could build a building of this size for one-half the cost, that he could not know what the cost would come to later but that we would definitely lose all of the Government's participation. Clmn. Lantz asked Mr. Cameron if he had not indicated earlier that he could build a building ~ of this type and size for just over $70,000 of say concrete block and to further question asked if this would not meet the fire code for that area. The Manager advised it would. Mr. Cameron advised he had not figured the costs closely enough to saY,exactly what the building would cost by other means that it all depen~ed on what,was put,in ~he b~ilding~ how high it was, 'how much in- sulat~on, wh~t k~nd of ~~ght~~g f~xtures' and that in his opinion so much ~nsulat~on and var~ous g~ngerbread not needed in a shop building. tha~ the pres~nt met~od of construction required various layers of ma~ ter~al a~d th~s requ~res much labor. To the Manager's question Mr. Cam- eron ad~~sed he co~ld not build a concrete block building of this size for a l~ttle over ~30,000. Clmn. Lantz asked about the restroom facilities and the office space plann~d and q~estioned the elaborate nature of both. The Manager agreed that ~~ the Clty completes the building ihere would be only one rest room w~th shower. Clmn. Shaw reviewed the discussion and a~ked how much money would be needed to make the present building usab4e and the Manager said it was iI,. '~".. 4" 1,1) ~"-- - '- '" 3pec~a: Xee~in8 ~ec~~~~r 9, :963 nl)t feasible to spend any rr,ow3Y at all en this old building, that it i; completely worw out. He noted Jlowever, tha1~ he was not saying that this new building was the only solution, that somewhere in town there might be a building which could be used for this purpose; that tile present garage is an old uninsulated building from Ft. RaJIDnd, that it just barely accepts the school busses, but also he was not saying they could not make out for another few seasons but also that i~ was very difficult to do all the mechanic work presently being done in these ancient quarters; that they just had to have the 18' building height in order to correctly work on the busses; that he had been looking around for other quarters and was thinking of the C&3 gar- age when they took it off the market. Clmn. Vincent mentioned that if the smelter comes to town those building materials would be much much cheaper. The Manager agreed and advised his only concern at this point was if the City could get a public works building for $24,000 which is what will be left for it. Clmn. Shaw asked if the bid were accepted how long it would be before the City could move in and use it and the Manager said after the con- tractor finished, all the City would need to do would be install enouhg electric outlets to be able to use the building and move the furnace in and set it up. Clmn. Shaw asked what the additional expense would be to house these departments if the bid not accepted and the Manager ad- vised only the cost of tarpapering the building, that the wind whistles through, but no added expense could be justified. Myr. Stockton asked if it were not true that the City trespasses when it goes in the en- ~rance of the building and the Manager said this was true though no one had complained of this since he had been here, but eventually this de- partment will need to be placed elsewhere. Clmn. Kirkpatrick advised that the thought of spending the $7,000 and getting nothing for it plus losing the ~31,OOO+ from the Government caused him to be concerned and that he did not believe the 'City could start from the beginning and build anything like a satisfactory build- ing for less, especially in view of the City's own fire code. Clmn. Lantz advised his concerns were basically the same and just did not believe the shell at over $60,000. was a good buy and still thought if the crews had time to finish this building that the City was over- staffed. The Manager advised that the time the crews have all depends on the weather - that for instance last year there was not much snow and the street department had time to dredge the small boat harbor, that these men are kept on the payroll because you can't hire quali- fied trained people to do this work when you re ed them for piece work; that he was not saying when this building could be finished because it would depend on the weather, but also that a manager always has to plan to have such fill-in work of a constructive nature for the men to do when it is not feasible or necessary to be doing routine work; that in the summer the street department has no spare time - they are always busy with construction work, but that with proper management in other seasons there is some time available. Clmn. Lantz asked the Manager to estimate the architects fees and ad- ministrative costs which might incur in the designing of a concrete structure. The Manager advised that he did not know, that there is not enough money available in the City to build a concrete structure of this size so the present plans are worth nothing in this route, the architect fees were be 6% of the cost and you would have to start from the beginning with a smaller building and in all sincereity did not know how this could be done. Clmn. Lantz advised he was trying to understand where the City would get the money to get this building in condition to use and the Manager said it would require heat and lights and the furnace is on hand so the cost of fuel tanks and setting it up plus the electricity outlets would be it and then work at over the year~ from the savings on fuel and budgetted funds; that there would be the advantage that the City would end up with a good public works building of permanence; that he did want the Council to realize that the street department can continue to do good work in the old building and he had not planned on requesting this new building until about three years hence until this APW program. Clmn. Kirkpatrick asked to have Resolu- tion No. 348 read which was done as follows: RESOLUTION NO. 348 BE IT RESOLVED by the Common Council of the City of Seward, Alaska: that pursuant to an invitation to submit bids, which invitations were properly published and advertised, the aforesaid City Council, did at a regular meeting of the said Council held in Seward, Alaska, at 8:00 p.m., December 2, 1963, open and tabulate the bids for the furnishing of material and constructing of a Public Works Building for said City I\."'i rr l, e-: Special Meeting December 9, 1963 1 t 5 as outlined in said advertised specifications. This Project being the same Project known as PFL-Alaska-25G. NOW THEREFORE, in view of the fact that the lOvI, acceptable bid within the money available for this Project is as follows: I Basic Bid . . . . Less Deductive Less Deductive Less Deductive Less Deductive Less Deductive Less Deductive . . . . $125,254.00 9,022.70 7,539.40 5,402.94 12,838.38 7,235.49 20.337. 77 $ 62,877.32, the tentative award of such bid to JIM CAMERON, an Individual, Box 1304, Seward, Alaska, for the furnishing of material and performance of work as set out aforesaid is hereby made subject to the approval of Housing and Home Finance Agency and the furnishing of satisfactory per- formance bond. It is requested that the $4,414.00 shown as Construction and Project Contingency Funds in the Housing & Home Finance Agency alloca- tion be transferred to the Construction Fund, with the understanding that the aforesaid City Council pledges the funds of the City of Seward for the payment of any contingency properly authorized by said City Council above the total authorized project cost. This Resolution to be in i'ull force and effect I Item 3 - Proposed Resolution No. 349 authorizing City of Seward Public Works Building Construction Account - The Resolution was read as foll- ows: RESOLUTION NO. 349 BE IT RESOLVED that the Seward Branch, First National Bank of Anchorage, be, and is hereby named the paying agent and depository bank for the funds to be received from the Housing and Home Finance Agency and any other source whatever, to be used in paying for the total and complete cost of constructing the City of Seward Public Works Building, Project No. APW-Alaska-25G, and that the said Bank account shall be named the City of Seward, Public .Works Building Construction Account, and That the Seward Branch, First National Bank of Anchorage, be, and it is hereby instructed to honor checks drawn on the City of Seward, Public Works Building Construction Account when bearing any two of the following signatures: James W. Harrison, Beatrice E. Watts, Calvin C. Beck or Perry Stockton. The following signatures are those aboee authorized: Beatrice E. Watts /signed/ James W. Harrison /~ned/ I Calvin C. Beck /signed/ Perry Stockton /signed/ This Resolution to be in i'ull f'orce and effect immediatEly upon passage and approval. Passed and approved by The Common Council of the City of Seward, A.Laska, this 9th day of December, 1963. Clmn. Zentmire - I would move for the adoption of' Resolution No. 34<). Seconded by Clmn. Kirkpatrick - Vote - Clmn. Shaw Yes: Clmn. Bedford Yes: Clmn. Vincent No; Clmn. Kirkpatrick Yes: Clmn. Zentmire Yes; Clmn. Lantz No: Myr. Stockton Yes. Motion carried. Item 4 -.Authorizat~on.to deposit $~,OOO. additiaal contingency funds i the PubllC Works BU11dlng Constructlon Account - Resolutuion No. 350 _ The Manager explained that this resolution was to accomplish the requir ment ?f the Government for additional contingency funds as reported in the flrst paragraph of Item 2, page 112 of the minutes, and calling attention particularly to the fact that no contract changes or expendi- 116 .......T".:'::lci a-: .\.....ppl--': Y]r"' IPcem~,",p""" r) ~ n.(,,-:- 0::!G _ __ .l.-__V":'_..o oJ.... ,....:.............J.. /J ";_/J..-' Regular MeetinE; of Dccer,jber 10 r'2cessed to 12/17/63 tures could be made without the Council's approval ~;o that use of such funds was entirely controlled by the Council. Resolution read as follom : RESOLUTION NO. 350 1'-.., ~ ,... '" ..- l. fi' BE IT RESOLVED that the City tJlanager and City Clerk are hereby instructed to place on deposit in the City of Seward Public 'Works Build- ing Construction Account with the Seward Branch First National Bank of Anchorage the sum of Two Thousand and No/lOa ($2,000.00) Dollars which i~ to be designated as additional contingency funds as required by HHFA upon its agreement to amend Project Summary and Approval dated July 3, 1953 under APW-Alaska-25G br transferring the total amount of construc- tion contingency (Item 3A(4) and project contingency (Item 7) funds in the total amount of $4414.00 to the building including fixed equipment (Item 3A(1)) category, and that said additional contingency funds shall be expended onlyafter all funds itemized in the July 3, 1963 Project Summary and Approval of whatever category have been expended and only upon specific prior approval of the City Council. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by The Common Council of the City of Seward, Alaska, this 9th day of December, 1963. Glmn. Kirkpatrick - I move for approval of Resolution No. 350. Secon= ded by Clmn. Zentmire. Vote - Glmn. Shaw Yes; elmn. Bedford Yes; Clmn Vincent No; Glmn. Zentmire Yes; Clmn. Kirkpatrick Yes; Clmn. Lantz No; Myr. Stockton Yes. Motion carried. Item 5 - Arrangements for sale of Street Improvements Bonds - The Mana- ger advised that the Council needed to advise the City Clerk and him- self whether they wished to have the Street Improvements bonds,sold by advertised sealed bids or by negotiation.In,yiew 9+ the Alaskad.nterest which has been develpp:i.ng,. in the pas t few Iliotrt)a~, he" continued, that his own recommendation was strongly in favor of an advertised sale, handted1,by-the:already appointed bond attorneys rather than a fiscal agent due to the small size of the issue. Council reviewed the vari- ous proposals before it from fiscal agents in view oT the size of the issue and the Manager's advice that due to Seward's good financial con- :~ dition that these were prime bonds and no irtensive selling necessary in order to get good quo~ions or bids. Clmn. Zentmire - I would move that the recommendations of the City Manager to have the law firm of Preston. Thorgrimson. Horowitz. Starin & Ellis advertise for bids on the sale of our Street Improvements Bonds be approved. Seconded by Clmn. Kirkpatrick. All in favor. Clmn. Kirkpatrick - I move we adjourn. 5:05 p.m. Mvr. Stockton de- clared the meeting adjourned. Approved: O~ Q LfJrt Perry R. Stockton Mayor Attest: ~77(/d4 "_ eatrice E.Watts, City Clerk-Trease - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting December 16, 1963 recess to December 17,lY63 In the absence of the Mayor, the City Clerk called the December 16, 1963 regular meeting to order, and by unanimous consent the meeting was postponed till 4:00 p.m., December 17, 1963, by Clmn. Delmar Zentmire and William 'Shaw, at 9:10 p.m. when it became apparent that a quorum could not be secured. At 4:10 p.m. December 17, 1963 the City Clerk advised that inasmuch as the Mayor was out of town, she would call the meeting to order and accept motion for acting mayor. Clmn. Vincent - I move Clmn. Kirk- patrick be acting mayor. Seconded by Clmn. Bedford. No objection. Acting Mayor Kirkpatrick reviewed the above recessing; roll was called; those present were Ac~g. Myr. Kirkpatrick, Councilmen Del Zentmire, William Vincent, Dan Bedford and William Shaw. Myr. Stockton and Clmn. Lantz were absent. The City Manager was present. Item 2 - Minutes- Myr. Kirkpatrick reviewed the minutes in hand as pages 94 through 104 containing part of November 7 special meeting, November 18 regular, November 20 and part of November 26 special meetings and aSNm if any member had not had time to read these or had corrections. Clmn. Shaw - I move for the approval of minutes starting Page 94 and through Page 104. Seconded by Clmn. Zentmire. All in favor. Items 4H and 41 were added to the agenda at this time by request of the Manager - see minutes for content. I Dacember 16, 196;, regu:'..ar meet.ing on 12/=_7/;_96; 11i'7 Item 4A - Authorize transmittal of approval of re::1ewal of Romack liquor licenses plus various ot,her renevlaJ. approvals - The Manager advised that lJIr. Romack is perfectly willing to sign the warranty deed and new Agreement called for in the Hovember7special meeting (see minutes page 92) in connection with the rene''lal of his four liquor licenses but that the City attorney has not been able to get these document~ ready as there is a problem in getting the title insur~nce on the five acres; advising that it may berecessary to have a qUlet title suit in which case Mr. Romack would ha-fe to pay for it; the liian- ager reviewed the November 7, 1963 action, and recommended that the Council authorized the forwarding of approval of renewal of !VIr. F:.omack' licenses under the conditions of that meeting and with a letter ex- plaining what the City has done and the conditions to accompany the usual transcript of minutes to the State Liquor Control Board. To Clmn Shaw's question for the Manager's professional opinion as to wh~ther the quiet title suit would secure title to the Romack property wlthout problem, the Manager advised it was as the problem is one of his having, used the wrong description for a number of years and instruments; that I the title insurance company is pressing for the suit while the City , Attorney says he believes other measures sufficient; but that since !VIr. Romack promised a warranty deed, such costs would be his to bear. I The Manager presented also the applications James Bogan d.b.a. Nugget Bar and J. H. and Esther 'Werner d.b.a Yukon Liquor Store which had been reviewed by the City Clerk as regards payment of all taxes and other bills due the City and by the Chief of Police for any adverse ~olice record and both were in good order except that there remained ~6oo. due and delinquent on Werner property tax; that he recommended approval of these applications with the Werner approval to go forth upon payment of the tax. Clmn. Zentmire - I would move for the approv- al of the licenses of Sam Romack. Tony's Bar and Pioneer Bar. Tony's Liquor Store and Pioneer Liquor Store. with the conditions that have been set up and witha letter to accompany these license approvals to the State explaining what we have done: and also the approval of re- newal of licenses for J. H. and Esther Werner dba Yukon Liquor Store. and for James Bogan dba Nugget Bar. retain liquor license and bever- age dispensary license respectively. Seconded by Clmn. Shaw. Vote- All in favor. It was then immediately clarified that the Werner license was notUbe forwarded to the State until after the balance of property tax due received. Item 4B - Proposed Resolution No. dba Seward Contractors for use 01' building road to Tonsina Point - 347 - Agreement with Lloyd Blondin D-8 cat surplus to City's needs for Resolution No. 347 was read as 1"ollow I RESOLUTION NO. 347 BE IT RESOLVED that the City Manager and City Clerk are hereby instructed and authorized to execute and deliver AGRE~ffiNT FOR USE OF D-8 TRACTOR (DOZER) dated 15 November 19b3 for the purpose of const- ructing a road from the City of Seward, Alaska to Lowell Point and beyond. This Resolution to be in 1"ull force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward this 17th day of December, 1963. The !VIanager advised that the City AtiDrney had prepared the Agreement, that the insurance policy (fire, theft, etc.) was on hand that Mr. Blondin has already fixed up the dozer, and it was his re~ommendation that the Agree~ent be entered into. (See Minutes Item 6D, October 7, 19b3)..Clmn. Vlncent asked how many people will be authorized to oper- ate thlS cat other than Mr. Blondin and the Manager advised under the Agreement he lS a~thorized and responSlble and he could let anyone else he chose operate lt but he would be fully responsible for any such use. Clmn. Shaw noted that the Agreement says it may be used to build a road to Lowell ~oint and beyond a~d asked if it were understood that private propertles would be ben~flted through this procedure. The Manager agreed ~hat any road gOlng to such an area is going to benefit such propertle~ but ~o far as he knew there were no private properties be- yond Tonsln~ POlnt, but,that definitely any private property the road go~s past wlll be beneflted. Clmn. Shaw advised that he simply wished thlS to be understood and a matter of record. Glmn. Shaw - I would move,for the adoption of Resolution No. 347. Seconded by Clmn. Vincent All ln favor. Item 4C Petition and recommendation for sledding areas - The Mana- noted that this is an administrative action and he would like to have 118 December 17, 1963 reconvening of December 1& regu:Eat meeting. the procedure changed from the present one where the Chief of Police re- commends and the 'Council acts to one where the Chief of Police handles it as an administrative matter; and asked the Council to authorize him to proceed on this basis and there was no objection to his doing so. Item 4D Proposed Ordinance No. 328 confirming assessing of boats by net registered tons rather than dollar valuation for emergency passage- 'l'he Manager noted with reference to Item 51 pg. 103, November 18, 1963 and Item 6A, pg. 111, December 2, 1963 minutes and review py the City Attorney resulting in his recommendation that this be done by emergency passed ordinance before January 1 even though this the third year boats taxed in Seward, and in this alternate method provided by the statues. Proposed Ordinance No. 328 was then read as follows: 1\..") :z _. f'J':, ORDINANCE NO. 328 I AN ORDINANCE AMENDING SECTION 7.102 (a) (PERTAINING TO ASSESSMENT OF ALL TAXABLE PROPERTY) OF THE SEWARD GENERAL CODE OF ORDINANCES, TO PROVIDE FOR A SPECIAL ASSESSED VALUATION OF BOATS AND VESSELS ON THE BASIS OF REGI:STERED OR CERTIFIED NET TONNAGE. The City of Seward, Alaska, ordains: That Section 7.102 of the Seward General Code of Ordinances be amended to read as follows: "Section 7.102 ASSESSMENT METHOD; TDlE; RETURNS; INVESTIGATION (a) All taxable property must be assessed at its true and full value, and all assessments shall be uniform and equal and based upon the actual value of the property assessed, except that in levying, assessing and collecting general taxes for municipal and school purposes, the Council shall classify boats and vessels and assess their valuation on the basis of the registered or certified net tonnage, and levy a uniform and equal tax of $5.00 a year for boats or vessels of less than five (5) net tons, and a like tax of $15.00 a year for boats or vessels of five (5) net tons or over." ,--. The provisions of this ordinance pertaining to the establishment of an assessed valuation of boats and vessels on the basis of regis- tered or certified net tonnage are in conformance with Sec. 29.10.339, Alaska Statutes 1962 (formerly 118 SLA 1953), and this ordinance is adopted to create an exception to the former provisions of Section 7.102 of the Seward General Code requiring tax assessment at true and full actual value of property assessed. An emergency is hereby declared to exist, and this ordinance shall take effect immediately upon its passage and approval. Publication of this ordinance shall be made by posting a co~y hereof on the City Hall bulletin board for a period of ten (lOJ days following its passage and approval. Read, passed and approved by the City Council of the City of Seward, Alaska, on the 17th day of December, 1963. The Manager recommended emergency passage of this ordinance. Clmn. Shaw asked about feeling or comment of the public on this and the Manager reported that the record and experience has shown that there are some persons using the harbor who do not want to pay anything for any service at the harbor, for space or property tax on their boats, but that it is correct and proper, in fact required to collect fees for moorage, and in the same theory of our way of government, required that taxes be on all property, that the only other way to assess boats is on a dollar valuation basis which would create a much higher tax; that the method set forth in the ordinance proposal is that used by all other Alaska coastal cities; and that the statute setting forth this grounds for this taxation exception to the dollar valuation is to aid in building up this highly competitive fishing business. Clmn. Vincent - I would move for the enactment of Ordinance No. 328. Secon- ded by Clmn. Zentmire. All in ravor. Item 4E - Appoint member of the Council to serve on Borough Assembly, and receive report of City Manager on Borough Meeting of December 11, 1963 - Referring to the Council's instructions that the Manager attend the pre-organizational meeting of the Borough Assembly on the previous Saturday, he advised that Councilmen Vincent and Shaw had also I ~ December 17 reconvening of ~2/~6/63 reg. meeting. i j9 attended, that the delegation had been very well treated, business con- ducted in a dignified and business-like manner with statements from all involved that there would be no sectionalism; that the AssemblYffien had agreed no salary of any sort for themselves but probably something before the next election, and at the next meeting plans for reimburse- ment of meeting expenses only to be taken up. The Manager continued that there had been great discussion about how much to pay the Chair- man with Seward, mostly through the Manager, saying that Seward had voted for a big salary by voting for a l'ull-time professional man while all the others had voted i'or a chairman which we took to be a part time non-professional preference, and which interpretation was not very well re~ved. He continued that there were offers from both Soldotna and Kenai to be the Borough seatl tmt Kenai offered free . quarters, clerical help for assemblymen, ~l,OOO for postage, etc. untll they get going; Soldotna offered free quarters also; no decision of course. The name tentatively adopted was Kenai Penlnsula ~f/t~pfit Borough per Clmn. Shaw and both Councilmen reported that the City can be proud of the presentation by and reception of our City Manager at this meeting as further evidenced by the inclination to use Seward's government as a yardstick of borough procedures and goals. Turning to the appointment of Council member to the Borough Assembly, the manner of appointment was discussed. Clmn. Kirkpatrick advised that further to the City Attorney's opinion that the Hatch Act would not apply to this function, that conference with his superiors resulted in their further study and while they are in the process of writing another opinion, it will not be available until sometime in January and he must be bound by the present ruling which does not perlnit him to serve. Clmn. Shaw advised he would not be able to serve due to Hatch Act also. Clmn. Zentmire noted that the Council has discussed this before and while most members feel they cannot afford to take this post, that he understood Clmn. Vincent was willing to serve if no one else can though it would be a certain hardship on him too; that he would like to recommend that elmn. William Vincent be Seward's representative to the Borough Assembly. Actg. ll~yr. Kirkpatrick re- quested discussion on possible alternate and it was agreed that Seward should not be without a vote and representation if Clmn. Vincent were unable to attend especially in view of the heavy load this places on a councilman, and in view of recent trends and actions in other bor- oughs and most importantly because it is set forth in the Charter and Constitution that alternates are permissible so that the Council de- termined it would not try to solve the great mass of conflicting opin- ions on this subject, but rather to protect the continuity of repre- sentation and fulfill the Constitution and Charter, as supported by the recommendation of the City Attorney and City Manager. Clmn. Zentmire amended hE motion to recommend Councilman Bill Lantz first alternate, Mayor Perry Stockton Second alternate, Councilman Dan Bed- ford third alternate and himself fourth alternate. Seconded by Clmn. Shaw. All in favor. I I Clmn. Shaw expressed his appreciation to Clmn. Vincent for accepting this appointment, advising that in his opinion Seward had a very mature government and much to lose if things not go smoothlyin the Borough, and advised that he would plan to attend these meetings though not officially. Clmn. Kirkpatrick concurred. Clmn. Vincent noted his concern to discharge this responsibilityin the best possible manner, asked if it were to be his responsibility to act exactly as the Council instructs him or if he had the perogative here of acting in his own best judgment. The Manager noted that the business of the borough meetings will not have been discussed before he goe~ so he. would not be able to be instructed in specifics. Actg. M~r. Klrkpatrlck and elmn. Zentmire advised their opinion that Clmn. Vlncent would have to act on his own judg~ment-that where business is known in advance that they would expect the Council to discuss these things in advance and get a general concensus of opinion of the Council butthat still, the actions of the assemblyman would be his actions. The Manager suggested a regular agenda item in future of report from the Borough Assemblyman, and continued regarding the fore~oin~ that just as the Council works through the Manager in setting ~ policy that then has to be carried out through the Manager's acts so it would be in relation to this new position. ' Clmn. Vincent advised also that he could not possibly have any interest in making speeches or informing the public on the borough government. The Manager requested the Council's instructions to him regarding atten ding borough meetings with Clmn. Vincent if he should so request, or _120 12/17/63 reconvening of 12/16/63 reg. meeting otherwise assisting the borough government realizing that he was under exclusive contract to the City and would need to be instructed if it were desired that he act along these lines. Actg. Myr. Kirk- patrick advised he thought the Manager should be authorized to attend Borough Assembly meetings and otherwise give administrative advice. etc. and asked if there was any ob,iection and there was none. The Manager advised Clmn. Vincent that if he desired his attendance. he would need to ask him and this understood. Item 4F - Proposed Resolution No. 351, to enter into an agreement with Samkal Mining Co. for the crushing of street material - The Manager noted that one of the owners has twice been to Seward to attend a Council meeting, the last being the previous night when the Council tried 1"or over an hour to get a quorum and could not, and that the owners advised it was mandatory they know if their equipment would be used in this area soon. He advised that he has received all the insur- ance papers and a signed letter of indemnity as required by the Agree- ment, of which the Council had previously received copies, and which was drawn up by the City Attorney. The Manager noted that this quan- titly of rock would be for more than the 1964 paving program; that it is more than the State's price but they do not get the fines and they get it in stockpile not in truckloads as we do, both of which will be a benefit to us. He advised the fines are used for mixing with sat etc. for treating icy streets. The Manager noted that the $20,000 minimum had been secured and the exact terms of payment set forth in the agreement, also that if he is still here he will produce additio- nal quantities at a lesser rate with payment defered up to three years at 6% interest so that the City could reasonably secure all the rock for a five year paving program; also that the contract could be exten- ded if moving the crusher were to his advantage and the Gity wanted more rock etc. -that this has been worked out for all these eventual- ities. The Manager advised that it is necessary wehave written per- mission from the State to use this contractor under contract to the State and had every assurance this would be forthcoming; and the City has to pay 10~ per ton royalty to Jesse Lee Home which owns this gravel pit. Resolution No. 351 was then read as follows. The Manager recom- mended passage and advised this also the recommendation of Mr. Liebelt. RESOLUTION NO. 351 BE IT RESOLVED that the City Manager and City Clerk are hereby instructed and authorized to execute and deliver AGREEMENT FOR CRUSHING AND STOCKPILING OF MATERIAL FOR RAOD SURFACING AND MAINTE- NANCE dated the Sixteenth Day of December, 1963 between the City of Seward and Samkal Mines, Inc. of 'Wasilla, Alaska. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward this 16th day of December, 1963. Clmn. Zentmire - I move for the adoption of Resolution No. 351. Sec- onded by Clmn. Shaw. All in favor. Item 4G - Approve plans and specifications for the paving program - The Manager advised that the plans and specifications, per Mr. Tryck, ~ere mailed to the City on the 10th of December and still not received, that they have traced and do not locate them - that Mr. Tryck advises him they are exactly as determined by the Council in their two confer- ences and as settled November 26 except that the shoulder rock would be pit run; that the specifications met those of HHFA and met the requirements set down by the Council 1"or quality and quantity, and with this in mind asked the Council to approve these plans and specs as they have to be advertised to meet HHFA's deadline; that this is awful to ask the Council, but do have Mr. Tryck's assurance. Myr. Kirkpatrick asked if any changes desired afterward could be had and the Manager said they could; and explained further the changes made by HHFA in all time schedules so that this project has to be under contract not later than January 15, 19b4 or the program is lost; so the schedule of immediate advertising, bid opening January 10; advice to HHFA the 11th and award on the 13th, and this why this rush has developed this way. Clmn. Zentmire - I would move for the approval of the plans and specifications and also for the authorization to adver- tise 1"or bids for the paving program. Seconded by Clmn. Shaw. All in favor. Item 4H - Authorization to readvertise Hospital Elevator Addition con- struction bid call - The Manager advised that the plans have been amended to the extent that the vestibule has been named an alternate, and the addition may be built of concrete block, and it has been clearly 1\."'; rF. r- ~ e-: -'I I 12/17/63 reconvening of 12/16/63 reg. meeti~ J_21 set forth that the work can be stopped due to inclement weather, so that he felt sure the City could get a bid under the amount available; that both the State and Federal Health Services have given their appro- val' that the bids must be opened January 13 and his recommendation to sta;t advertising right away to get the best possible coverage. Glmn. Vincent asked what happens if no bid received under the funds and the Manager advised that on both projects this was it - no ~urther adver- tising can be had due to the new HHFA timing. Clmn. Shaw - I would move for the authorization of re-advertising for bids on the Seward General Hospital Elevator addition and the opening date of January 13. Seconded by Clmn. Vincent. All in favor. Item 41 - Rescind previous call 1'0r bids and authorize receipt of offer for purchase of Street Improvements Bonds - The Manager reported that the C1ty was notified yesterday by telephone call from Mr. Thorgrimson of the bond attorney 1'irm that under the new HHFA time schedule he did not think we had time to advertise for bids as the Council decided on the 9th of December - that HHFA had informed him it would be necessary for them to have a 1'irm quotation or offer from someone, which meant a certa1n rate of interest and a certain maturity date, and that this had to be of record with HHFA not later than December 30th. The Mana- ger advised that he had informed Mr. Thorgrimson the City wanted to ad- vertise and he replied that it could not be done in this length of time since it would be necessary to properly inform prospective bidders ~n order to get good bids. Since two Seattle firms had expressed interest in these bonds, the ~lanager then asked Mr. Thorgrimson if he would con- tact both firms for an offer and he said he would; that the City then ~mmediately received a call from Mr. Don Meyer, who is a most reputable bond man who has many Alaska bonds and said he would not be able to make an offer as above outlined for the reason that he knows Alaska and Seward and could make a good offer without extensive research but for a concern not familiar with Alaska and Seward this might not be so and then with the issue in hand under these conditions he would be trying to sell to firms again not familiar with Alaska and he thought they would question his bid and he would not be able to sell these bonds. The Manager advised that he had thought through this problem and recommended to the Council that it advise Mr. Richard Thorgrimson to tell Mr. Don Meyer that the City of Seward will accept his airmail immedEte bid on these bonds, and that he would call the Council together immediately upon receipt of same if this course of action chosen. Clmn. Vincent - I would move that we advise Mr. Richard Thorgrimson to request bond bid price from Mr. Don Meyer and that we rescind the Council's action of the last meetin to callror bids. Seconded b Clmn. Zentmire.All in fav I or. I Item 4J - Report of Clmn. Zentmire to Armory Board - Clmn. Zentmire asked Clmn. Shaw to assist if he missed any item of interest, and then reported the Armory walls, restroomsand offices had been repainted with only the ceiling left to do; that a custodian for the Armory is now employed (Mr. Leo Blume) at the rate of $3.00 per hour for 20 hours per week or $240. per month; that the Inspector General made an inspection recently and the report was one of the best to come for this Armory to date. Clmn. Zentmire asked Clmn. Shaw the status of the exterior paint- ing and he advised the feeling of the Board was that the custodian would provide the labor next summer and it would initiate a request to the State for purchase of materials. Clmn. Zentmire advised it was planned next meeting to establish rental fees for the use of the Armory. Report accepted with thanks. Item.5A,- November 1963 accounts payable - The Council having previously rece1ved the schedule of vendors, amounts and allocation per department and use of the various payables by accounting code number, along with the Manager's memo of items of particular interest, the City Attorneys bill in the amount of $936.42 was requested to be added to the schedule as it had been received this day. Manager noted his request to the Attorney that he bill monthly to aid in budget control. Also, requested approval of the Shield's Furnace Repair bill carried over from November advising that in addition to the maintenance repair of each furnace ' used by the City, he had ordered the overhaul on guaranteed result basis of the furnace purchased for use in the new public works building througl surpl~s. .The Manager noted in connection with bills for completion of chlo:1nat1on ~f Maratho~ supply that it was completed now except for the 1nsta~lat1on of a llttle glass valve broken in shipping, and advised that the Water Foreman had done a very fine job on this installation Clmn. Zentmire - I would move for he . 1n e amount 0 . 4 lus for items aid rior to a a p us ~ 1e s urnace. econ e mn. 1ncent. ln av- ~ Detail as follows: Shields Furnace 372.50. Paid prior to approval ~ames W. Harrison $400.00; Alaska Railroad $24.40; Juanita Wooldridge ~26.00; Ruby E. Sume $26.00; Lillian E. Dangler $26.00; Margaret A. Deck 122 1::'1 1~117/63 ~ "~/"6/6~ , ~. 1:." reconvening OJ. ;_~ l. ) regu__ar mee v~rg "-"'r Z :1>2').00; Fr. Randall Mendelsohn $27.00 for a subtotal of $555.40. Alaska Court System $75.00; Alaska Telephone Corp. $436.20; Alaska Hailroad .$36.00; Allis-Chalmers IVIfg. Co. $802.68; Arctic Office Machine :jll:3.33; B&C Auto Electric $144.98; Bay Cit~ 1.lotors .$36.47; Bayview Plumbing & Heating ip8.00; Burroughs Corp. ~17.40; Carrington Co. $115.:35; Chugach Electric Assocn. $10,368.00; Chugach Electric Assocn. 4i483.80; :Jurant's Ha~dware $10.00; 5th Ave. Chrysler Center $14.73;H&jIl Ribbon Carbon Co. p29.88; IndustriaL:Air Products i?49.56; I.B.M. $5.70; Kenai J~ulilber Co. ~19:3.:31; Line Materials, Ind. $:342.80; Modern Motors $11.27; Osbo's Electrical Supply $43.45; Pete's Paint &, Body Shop $16.00; Petti- coat Gazette $271.00; Petty Cash $48.02. Henry Pratt Co. $1,548.00' 11rs. L. V. Ray $125.00; City of Seward $1,471.60; Saindon Service $7.00P; :Sangamo Electric Co. $93.25; 'Seward Builders Supply $7.90; Seward Gon- ~ractors $30.00; Seward Distributors .$454.01; Seward Drug Co. $6.30; Seward Hardware $2,499.45. Seward Trading Go. $.92' R. Wayne Stevens $15.00; Standard Oil Co. $1,139.25; SUl?Ply Center $:3.48; Texaco, Inc. $101.20; Urbach's $14.40; Sol J. Urie ;p17.68; Pat R. Williams $9,899.60; Wallace & Tiernan Inc. $2,082.15; Howard W. Pollock $936.42 for a total of $34,030.54. (_., - e;: Item 5B - City Manager's report - (1) If Council have no objection Manager advised would like to have the office closed from noon on December 24 so the women can prepare for Christmas Day; that men would be avail- able for emergency call-out at no extra pay and he would stand by for emergency phone calls. No objection. (2) In connection with the action taken in tentative approval of the City furnishing gravel and possibly painting labor from budgeted labor and equipment operation for the improvement of the San Juan Dock warehouse building by Halibut Pro- ducers in the increased sharp-freeze facilities, that if this is a policy, he would take this tentative action to be firm action and if no objection, will proceed on this basis. No objection. (See Item 5D November 18, 1963 minutes) (3) Ad valorum tax rendition forms here and will be mailed immediately after 'Christmas. (4) Second payment on 1962-63 ad valorum taxes due January 1 and delinquent if not paid on or before the 15th of January. (5) That he had received a request from the Alaska Municipal League to serve on the Legislative Advisory Boci!:i, has not replied as desired the Council's views on this; that it would be a great honor to serve on thisBoard; that he would expect it might require a trip to Juneau which he would expect them to pay for; would not undertake such a trip if it were to interfere with other work; and desired the Council's views. Council advised it had no objection to his undertaking this. (6) Called attention to a copy of the spee~ he had given in Detroit in connection with the "All-American City" award presentation and bid, which was distributed to the Council places before the meeting along with a copy of the brochure used in this presentation. He advised that Mrs. Mildred Kirkpatrick had been of inestimable help in getting the brochure together and that Mr. Dave Thompson had taken most of the pictures, that Mrs. Cecil Horton had written the ~ibrary presentation; and various help from others on gen- eral items. (7) School Board desires to meet with the Council the first week in January for School Budget since the Borough is not going to take over this activity next budget year. (8) Seward Community Library has received $1,000 award from Book-of-the-Month Club and are in line for much higher award; that he had written them a letter of congratulations. (9) Congress has authorized the flood control study on Lowell Creek and while a small amount, will get it started. (10) A letter from Washington Crab Producers of "Westport, Washington in- quiring about a facility in this area and that he had written advis- ing them of the Eastpoint facility as it seemed just what they wanted, had sent the brochure and advised owners. Glmn. Shaw asked if the City has initiated any action to get the TUSTIMA into Seward when it starts its run and the Manager advised there were discussion of facility, etc. Clmn. Zentmire - I move we adjourn. Seconded by Glmn. by Acting Mayor Kirkpatrick. 5:55 p.m. So ordered Attest: ~~Z::~~ Beatrice E. Watts City Clerk-Treasurer Approved: c-2M<j a ~Atv Perry R. Stockton Mayor -' Spec ia2. ~".'eeting :Jec ember =-)1, ., ,-. ,. "i __ 71); 128 A special meeting of the City Council .:or the purpo;3e of considering \ proposed Resolution No. ) 52 accepting :(urchas: offer date~ December 18, 1963 from Marshall and ~eyer, Inc., anu agreelng to sell ~135,000 street improvement general obligation bonds bearing interest at the rate of 4-1/4%, 20 year term, was called to order at 5:07 p.m. ?y the City Clerk since the Mayor was out of town and not present and motlon requested for Acting Mayor. Clmn. Zentmire - I move Clmn. Kirkpatrick be Acting Mayor for this meeting. Seconded by Clmn. Bedford. No obiectio~_ Roll was called and those Dresent were Acting Mayor Kirkpatrick, Council. men Dan Bedford, Bill Lant~, William Vincent and Delmar Zentmire. Clmn. Shaw arrived about 5:18 p.m. Proposed Resolution No. 352 was read as follows: I RESOLUTION NO. 352 WHEREAS, the results of the Special Election held in the City of Seward on November 19, 1963 v,ere overwhelmingly in favor of "Proposi- tion "All presented to the electorate by that Special Election, and vlliEREAS, the United States of America, through the Housing and Home Finance Agency of the Community Facilities Administration, has advised that the Accelerated Public Works Program, under which a grant offer of $134,500.00 for street improvements has been offered to and accepted by the City of Seward, will be discontinued as of January 16, 1964, and that a 1'irrn committment of availability of the funds for these street improvements which are the responsibility of the City of Seward must be on record not later than December 30, 1963, and WHEREAS, on December 17, 1963, the City Council acted to request an offer for the purchase of the general obligation bonds as authorized by the above special election, from the firm of Marshall and Meyer,Inc., I NOW, THEREFORE, BE IT RESOLVED, that the terms and conditions of offer of Marshall and Meyer, Inc. dated December 18, 1963 to purchase $135,UOO. City of Seward, Alaska, General Obligation Street Improvement Bonds dated January 1, 1964, bearing interest at the rate of 4-1/4/~ be accepted and the City agrees to sell such bonds under the conditions set forth in the above described letter of offer to purchase, providing only that a responsive construction bid within the funds available for construction of the said street improvements is received at the bid opening for same onJanuary 10, 1964. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward, Alaska, this 19th day of December, 1963. December 18, 1963 offer to the Honorable rilayor and City Council, City of Seward, from Mr. Donald A. Meyer of Marshall and Meyer, Inc. was then read as follows: Re: $135,000 City of Seward, Alaska, General Obligation Street Improvement Bonds For $135,000 par value, legally issued City of Seward, Alaska, General Obligation Street Improvement Bonds, to be dated January 1, 1964 and to mature as shown below bearing an interest rate of 4-1/4%, we will pay $100.00 for each $100.00 parvalue of bonds plus accrued interest from date of issue to date of delivery of the bonds to us: I $5,000 5,000 5,000 5,000 6,000 6,000 6,000 6,000 7,000 7,000 1966 1967 196$ 1969 1970 1971 1972 1973 1974 1975 $7,000 8,000 8,000 8,000 9,000 9,000 9,000 9,000 10,000 1976 1977 1978 1979 1980 1981 1982 1983 19814 This proposal is made subject to all proceedings leading up to and including the final approving opinion furnished by Messrs. Preston, Thorgrimson, Horowitz, Starin & Ellis, Attorneys, of Seattle, Washington The place of payment of principal and interest on this bond issue is to be determined by mutual agreement. Attached is our good faith check in the amount of 2% of the par value of the bonds which is to be retained by you and applied aginst the 1. 24 3Deria] ~.:eeting ~ecemoer 19 1-96') Jl" Rctj;uIar lIfeet:Ln.:; January 0, '1 ~6Z; /. purchase price of the bonds. This bid i::3 being submitted for inunedi- <lt~ acceptance. Respectfully submitted, r.;;arshall and Meyer, Inc., ani signed as above stated. ",.; rr. r-"' c: ~ Th~ Manager reviewed the offer, copies of which had been previously prwided the Council, noting that the annual payments amount to about ;plJ,OOO with the high interest yearf> being equalized toward the end of the series with higher principa~ payments; advising that this is the lowest rate of interest the City has ever sold bonds for other thm to the Government; most being for about 5% overall considering th'3 surcharge interest for the first several years; that he would reGonunend this sale; that the offer confirmed ~ir. Meyer's earlier statements that he had confidence in :Seward. }Iyr. Kirkpatrick reviewed the fact that if a responsive bid within the funds available were not received and since there is no time to re- advertise, that such a condition would result in the return of the good faith check, and asked if there would be any fee charged by Marshall and Meyer and the Manager said there would not be. The de- tails of discussion and action taken under Item 41, December 16,1963 meeting were reviewed for Clmn. Lantz. Clmn. Shaw arrived at this time. Clmn. Vincent - I would move that we enact Resolution No.352. Seconded by Dlmn. Zentmire. All in favor. Manager advised that HHFA would be informed of this action as well as the principals and Bond Attorneys. Clmn. Shaw - I move we adjourn. Seconded by_. Actg. Myr. Kirkpatrick so ordered. 5:25 p.m. Attest: Approved: {~~1 Q J~.JLu Perr R. Stockton Mayor ..'(h~/;;-;;p, ~c0~, Beatrice E. 1mtts City Clerk-Treasurer - - - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting January 6, 1964 The regular meeting of January 6, 1964 was called to order by Mayor Perry Stockton at 8:05 p.m.. (1) Roll was called and those present were Mayor Stockton, Councilmen William Vincent, William~Shaw, Bill Lantz, Richard Kirkpatrick and Dan Bedford. Clmn. Delmar Zentmire was absent. City Manager James 'We Harrison and City Attorney Howard W. Pollock were present. Item 2 - Minutes - After the Mayor had ascertained that those members present had read minutes through page 114 of the December 9, 1963 special meeting; Clmn. Kirkpatrick - I would move for approval of the minutes commencing with Page 105 and through Page 114. Seconded by Clmn. Vincent. All in favor. The Mayor asked the Members if there was any objection to moving Item 5A ahead of old business to expedite this matter for the School Board, and there was no objection. Item 5A - Receive proposed 1964-65 School Budget - The Manager advised that this is a standard procedure of in- forming the City Budget Officer and securing the approval of the Council prior to submission of proposed budget to the State prior to the Legislative session; that this 64-65 budget was for the Council's consideration following written advice from the Kenai Peninsula Bor- ough that it did not intend to administer any of the school functions of municipal districts this coming fiscal year. October, The Manager requested Council attention tdtNovember and December re- ports from Superintendent Lawrence Brent of 5249 student lunches served during October, 4111 during December and 4844 during November. Cafe- teria Cook-Manager salary and $700 new equipment, brought the funds expended to date for which the Council committed aid as needed and established toward close of year, to $1841. Mr. Brent's December 17, 1963 letter to the Council reporting receipt and transfer of 1963-64 budget as approved by the State in the total amount of $85,575 City portion after estimated revenues deducted, and less $1,778 City share nurse not employed, less $30,000 due to appli- caPion of excess funds on hand at close of 62-63 year, plus $4,300 estimated allowance for operation of school cafeteria, for a net amount of $58,097. Mr. Brent requested transfer of $30,000 to the School by January 151 1964 and $28,097. about March or April. The Manager ad- vised the ~30,000 would be paid as requested and the further request would be brought to the Council in March or April if no objection, and there was none. - ./ Special ~eeting ~ecember 19, ""i f'.'~ ""'\ __/0; 128 A special meeting of the City Council Eor the purpo:,e of considering proposed Resolution No. 352 acc:ept,ing ~,urchas:~ offer date1 December it, 1903 from Marshall and Meyer, Inc., ana agreelng to sell ~135,000 street improvement ~eneral obligation bonds bearing interest at the rate of 4-1/4%, 20 y~ar term, was callEd to order at 5:07 p.m. by the City Clerk since the Mayor was out of town and not present and motion requested for Acting Mayor. Clmn. Zentmire - I move Clmn. Kirkpatrick be Acting Mayor for this meeting. Seconded by elmn. Bedford. No ob.iectio~_ Roll was called and those present were Acting Mayor Kirkpatrick, Council men Dan Bedford, Bill Lantz, William Vincent and Delmar Zentmire. Clmn. Shaw arrived about 5:11:5 p.m. Proposed Resolution No. 352 was read as follows: I RESOLUTION NO. 352 WHEREAS, the results of the 3pecial Election held in the City of Seward on November 19, 1963 "rere overwhelmingly in favor of "Proposi- tion "All presented to the electorate by that Special Election, and 'NHEREAS, the United States of America, through the Housing and Home Finance Agency of the Community Facilities Administration, has advised that the Accelerated Public Works Program, under which a grant offer of $134,500.00 for street improvements has been offered to and accepted by the City of Seward, will be discontinued as of January 16, 1964, and that a firm committment of availability of the funds for these street improvements which are the responsibility of the City of Seward must be on record not later than December 30, 1963, and WHEREAS, on December 17, 1963, the Gity Council acted to request an offer for the purchase of the general obligation bonds as authorized by the above special election, from the firm of Marshall and Meyer,Inc., I NOW, THEREFORE, BE IT RESOLVED, that the terms and conditions of offer of Marshall and Meyer, Inc. dated December 18, 1963 to purchase $135,UOO. City of Seward, Alaska, General Obligation Street Improvement Bonds dated January 1, 1964, bearing interest at the rate of 4-1/4% be accepted and the City agrees to sell such bonds under the conditions set forth in the above described letter of offer to purchase, providing only that a responsive construction bid within the funds available for construction of the said street improvements is received at the bid opening for same onJanuary 10, 1964. This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of the City of Seward, Alaska, this 19th day of December, 1963. December 18, 1963 offer to the Honorable r>Iayor and City Council, City of Seward, from Mr. Donald A. Meyer of Marshall and Meyer, Inc. was then read as follows: Re: $135,000 City of Seward, Alaska, General Obligation Street Improvement Bonds For ~135,000 par value, legally issued City of Seward, Alaska, General Obligation Street Improvement Bonds, to be dated January 1, 1964 and to mature as shown below bearing an interest rate of 4-1/4%, we will pay $100.00 for each $100.00 parvalue of bonds plus accrued interest from date of issue to date of delivery of the bonds to us: I $5,000 5,000 5,000 5,000 6,000 6,000 6,000 6,000 7,000 7,000 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 $7,000 8,000 8,000 8,000 9,000 9,000 9,000 9,000 10,000 1976 1977 1978 1979 1980 1981 1982 1983 198t4 This proposal is made subject to all proceedings leading up to and including the final approving opinion furnished by Messrs. Preston Thorgrimson, Horovritz, Starin & Ellis, Attorneys, of Seattle, Washington. The place of payment of principal and interest on this bond issue is to be determined by mutual agreement. Attached is our good faith check in the ronount of 2% of the par value of the bonds which is to be retained by you and applied aginst the 124 R3~ecia~;(eeti~gJ~ecemoer :nf~/z~96~ cbu.Lar ",leet:Ln:; anuar f <), ~ 70 I- - pUr'chase price of the bonds. 1'his bill b beLlE submitted for immedi- ate acceptance. Respectfully submilted, Karshall and Meyer, Inc., ani signed as above stated. 1\....; ~ ~< r: ~ The Manager reviewed the offer, copies of which had been previously prJvided the Council, noting that the annual payments amount to about :pl'),OOO with the high interest years beir..g equalized toward the end of the series with higher principa) payments; advising that this is ~he lowest rate of interest the City has ever sold bonds for other than to the Government; most beiu8 for about 5~; overall considering the surcharge interest for the first several years; that he would re::ommend this s.ale; that the offer confirmed Mr. Meyer's earlier st~tements that he had confidence in Seward. Nyr. Kirkpatrick reviewed the fact that if a responsive bid within the fU:'lds available were not received and since there is no time to re- advertise, that such a condition would result in the return of the good faith check, and asked if there would be any fee charged by Narshall and Meyer and the Manager said there would not be. The de- tails of discussion and action taken under Item 41, December 16,1963 meeting were reviewed for Clmn. Lantz. Clmn. Shaw arrived at this time. Clmn. Vincent - I would move that we enact Resolution No.352. Seconded byClmn. Zentmire. All in favor. Manager advised that HHFA would be informed of this action as well as the principals and Bond Attorneys. Clmn. Shaw - I move \'le adjourn. Seconded by_. Actg. Myr. Kirkpatrick so ordered. 5:25 p.m. Attest: ..'(k~/;;;p ?:c0~ Beatrice E. 1vatts City Clerk-Treasurer Approved: a~1 Q J~~~) Perr R. Stockton Mayor Regular Meeting January 6, 1964 The regular meeting of January 6, 1964 was called to order by Mayor Perry Stockton at e:05 p.m.. (1) Roll was called and those present were Mayor Stockton, Councilmen William Vincent, William~Shaw, Bill Lantz, Richard Kirkpatrick and Dan Bedford. Clmn. Delmar Zentmire was absent. City Manager James 'We Harrison and City Attorney Howard W. Pollock were present. Item 2 - Minutes - After the Mayor had ascertained that those members present had read minutes through page 114 of the December 9, 1963 special meeting; Clmn. Kirkpatrick - I would move for approval of the minutes commencing with Page 105 and through Page 114. Seconded by Clmn. Vincent. All in favor. The Mayor asked the Members if there was any objection to moving Item 5A ahead of old business to expedite this matter for the School Board, and there was no objection. Item 5A - Receive proposed 1964-65 School Budget - The Manager advised that this is a standard procedure of in- forming the City Budget Officer and securing the approval of the Council prior to submission of proposed budget to the State prior to the Legislative session; that this 64-65 budget was for the Council's consideration following written advice from the Kenai Peninsula Bor- ough that it did not intend to administer any of the school functions of municipal districts this coming fiscal year. October, The Manager requested Council attention tdtNovember and December re- ports from Superintendent Lawrence Brent of 5249 student lunches served during October, 4111 during December and 4e44 during November. Cafe- teria Cook-Manager salary and $700 new equipment, brought the funds expended to date for which the Council committed aid as needed and established toward close of year, to $le41. Mr. Brent's December 17, 1963 letter to the Council reporting receipt and transfer of 1963-64 budget as approved by the State in the total amount of $e5,575 City portion after estimated revenues deducted, and less $1,77e City share nurse not employed, less $30,000 due to appli- caPion of excess funds on hand at close of 62-63 year, plus $4,300 estimated allowance for operation of school cafeteria, for a net amount of $5e,097. Mr. Brent requested transfer of $30,000 to the School by January 151 1964 and $2e,097. about March or April. The Manager ad- vised the ~30,000 would be paid as requested and the further request would be brought to the Council in March or April if no objection, and there was none.